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Reg 2023-12-04 COMPLETE AGENDA PACKET
Monday, Tukwila City Council Agenda ❖ REGULAR MEETING ❖ �J��11LA _ o� �1- -1 W ,,,/ 1908 Allan Ekberg, Mayor Councilmembers: ❖ Kathy Hougardy ❖ De'Sean Quinn David Cline, City Administrator ❖ Kate Kruller ❖ Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖Mohamed Abdi ❖ Tosh Sharp THE MEETING WILL ON -SITE THE December BE CONDUCTED PRESENCE WILL PHONE NUMBER For Technical 4, 2023; 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: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting #2084 Support during the meeting call: 1-206-433-7155. 7:00 PM • Ord #2724 • Res 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. PRESENTATION 2024 Washington State Legislature Preview. David Foster, Foster Government Relations 5. CONSENT AGENDA a. Approval of Minutes: 11/20/23 (Regular) b. Approval of Vouchers c. An ordinance granting Valley View Sewer District a non-exclusive franchise to construct, maintain, operate, replace and repair a sewer system within public rights -of -way of the City of Tukwila, and fixing a time when the same shall become effective. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/27/231 d. An ordinance amending Ordinance No. 2537 §4 and §7, as codified at Tukwila Municipal Code (TMC) Chapter 2.35, "Lodging Tax Advisory Committee"; Amending the number of members for the Lodging Tax Advisory Committee and date for submission of the annual report. [Reviewed and forwarded to Consent by the Planning and Community Development Committee on 11/20/231 (continued...) Pg.1 Pg.31 REGULAR MEETING December 4, 2023 Page 2 5. CONSENT AGENDA (cont.) e. Authorize the Mayor to sign Amendment No. 1 to contract #22- 153 with Hopelink for outreach services for the Transportation Demand Management (TDM) program, in the amount of $65,000.00. [Reviewed and forwarded to Consent by the Transportation & Infrastructure Committee on 11/20/231 f. Authorize the Mayor to sign a contract with Fehr & Peers for planning and engineering services for the Local Road Safety Plan, in the amount of $249,705.00. [Reviewed and forwarded to Consent by the Transportation & Infrastructure Committee on 11/20/231 g. Authorize the Mayor to sign a contract with KPG Psomas, Inc. for design services for the 65th Avenue South and Southcenter Boulevard Intersection Improvement Project, in the amount of $199,721.00. [Reviewed and forwarded to Consent by the Transportation & Infrastructure Committee on 11/20/231 h. Authorize the Mayor to sign a grant agreement with the Washington State Office of Public Defense (WSOPD) for the Public Defense Program, in the amount of $75,000.00. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 11/27/231 i. Authorize the Mayor to sign a contract with Environmental Systems Research Institute, Inc. (ESRI) for GIS, in an amount not to exceed $62,536.80. [Reviewed and forwarded to Consent by the Finance & Governance Committee on 11/27/231 j. Authorize the Mayor to sign a contract with Auburn Mechanical for Police Department evidence temperature control for biological evidence preservation, in the amount of $48,629.00, plus tax. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 11/27/231 k. An ordinance establishing Tukwila Municipal Code (TMC) Section 9.28.038, "Avoiding an Intersection." [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 11/27/231 Pg.41 Pg.63 Pg.87 Pg.117 Pg.139 Pg.155 Pg.177 (continued...) REGULAR MEETING December 4, 2023 Page 3 6. PUBLIC HEARING An ordinance terminating a condition in Ordinance No. 1978 that the vacated portion of 35th Avenue South remain open to pedestrian traffic. To provide public hearing comments, please email citycouncil@tukwilawa.gov, Pg.185 provide your first and last name, and reference the public hearing topic in the subject line, by 5:00 p.m. on December 4, 2023. 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 December 4, 2023 to access the meeting. You may also attend the public hearing in person and provide your comments on -site. 7. UNFINISHED BUSINESS a. An ordinance terminating a condition in Ordinance No. 1978 that the vacated portion of 35th Avenue South remain open to pedestrian traffic. b. Authorize the Mayor to sign a contract with PROS Consulting Inc., for the Tukwila Community Center Business Plan & Recreation Programming Plan, in the amount of $119,405.00. c. An ordinance amending Ordinance No. 2689 §11, §12, §13, §22, and §33, as codified in TMC Chapters 3.26 and 3.27; To adopt additional business and occupation tax deductions and exemptions; To establish additional administrative provisions; And to amend administrative provisions related to tax filing requirements and appeals. d. Authorize the Mayor to sign a grant agreement with King County for the Best Starts for Kids Capital grant, in the amount of $500,000.00. Pg.185 Pg.191 Pg.193 Pg.217 8. NEW BUSINESS A resolution adopting a Legislative Agenda for use during the 2024 Washington State Legislative Session. Pg.265 9. REPORTS a. Mayor b. City Council c. Staff —City Administrator Report, Monthly Construction & Budget Report Pg.273 (continued.) REGULAR MEETING December 4, 2023 Page 4 10. MISCELLANEOUS 11. EXECUTIVE SESSION Property Sale or Lease — Pursuant to RCW 42.30.110(1)(c); and Potential Property Acquisition — Pursuant to RCW 42.30.110(1)(b) (60 minutes) NO action will follow in the open meeting. 12. 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 lllayorr review Council review 11/27/23 JR 12/04/23 JR ITEM INFORMATION ITEM No. 5.C. STAFF SPONSOR: SEONG KIM ORIGINAL AGENDA DATE: 11/27/23 AGENDA ITEM TITLE Franchise Agreement with the City of Tukwila and the Valley View Sewer District CATEGORY 0 Discussion 11/27/23 11 Motion Date 12/04/23 ❑ Resolution AN Date ❑ Ordinance Mt Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire IS P&R Police IIP1V ❑Court SPONSOR'S The City has been pursuing Franchise Agreements with all of the Water and Sewer Districts SUMMARY in Tukwila and Valley View Sewer District is the last Water/Sewer Utility operating in Tukwila's boundaries without a Franchise Agreement. The goal is to create clarity around a variety of issues, ensure equity and create substanital cost savings for Valley View Sewer District while ensuring the City's interests in properly managing its ROW are protected.The Council is being asked to approve the agreement. REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/20/23 COMMITTEE CHAIR: TOSH SHARP 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 11/27/23 Forwarded to next Regular Meeting Consent Agenda 12/04/23 MTG. DATE ATTACHMENTS 11/27/23 Informational Memorandum dated 11/17/23 Sewer District Map Brochure Draft Ordinance Minutes from T&I Committee meeting of 11/20/23 (distributed separately) 12/04/23 Ordinance (updated after 11/27 C.O.W. Meeting) 1 2 NOTE: Shaded text reflects changes made after discussion at the 11/27/23 Committee of the Whole meeting. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON GRANTING VALLEY VIEW SEWER DISTRICT A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A SEWER SYSTEM WITHIN PUBLIC RIGHTS -OF - WAY OF THE CITY OF TUKWILA, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Valley View Sewer District, a Washington special purpose municipal corporation ("District"), owns sewer facilities ("Facilities") located in the City of Tukwila, a Washington non -charter municipal code city ("City"), and a portion of such Facilities are located within the City right-of-way as hereinafter defined; and WHEREAS, RCW 57.08.005(5) authorizes the District to conduct sewer services throughout the District and any city and town therein, and construct and lay facilities along and upon public highways, roads and streets within and without the District; and WHEREAS, RCW 35A.47.040 authorizes the City to grant non-exclusive franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated sewer facilities; and WHEREAS, the City and the District have prepared this Franchise Agreement to provide for the operation of District Facilities within the City right-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. Where used in this franchise (the "Franchise") these terms have the following meanings: A. "Blanket Activities" means work that does not include cutting, removing, or disturbing the pavement surface which includes but is not limited to the following activities: sim�—s Tce disconnects f„r customers, accessing existing vaults, maintaining Iinp hydrants/vaults, raising/adjusting manhole coversvalvcs, vegetation management, ctivities, and lining pipes. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 1 of 27 3 B. "City" means the City of Tukwila, a Washington municipal corporation, and its respective successors and assigns. C. "District" means the Valley View Sewer District, a Washington municipal corporation, and its respective successors and assigns. D. "Facility" or "Facilities" means meters, pipes, mains, force mains, services, valves, vaults, risers, manholes, generators, electrical control panels, power meters, telephone connections, meter stations, pump stations, lift stations, lines, wastewater treatment plants, and facilities, service lines located in the Franchise Area, and all other necessary or convenient facilities and appurtenances thereto for the solo purpose of operating a wastewater utility system, whether the same be located over, on, or underground. E. "Franchise Area" means every and all of the public roads, streets, avenues, alleys, highways and rights -of -way of the City as now or hereafter laid out, platted, dedicated or improved; and any and all public City roads, streets, avenues, alleys, highways, and other rights -of -way that may hereafter be laid out, platted, dedicated or improved in the District's service area, within the present corporate boundaries of the City (as depicted in Exhibit B, attached hereto, which is by this reference incorporated as if fully set forth herein), and as such corporate boundaries may be extended within District's service area by annexation or otherwise, but shall not include private roads, streets, avenues, alleys or private property. The Franchise Area shall not include or convey any right to the District to install facilities on, or to otherwise use, City owned or leased properties. F. "Ordinance" means this Ordinance No. , which sets forth the terms and conditions of this Franchise. G. "Party" or "Parties" means the City or the District individually, or collectively as addressed in this Franchise. H. "Revenue" means income received by the District from the sale of retail sewer services to direct retail customers whose properties receiving such service from the District's sewer system are located within the City. Revenue shall not include: late fees; shut-off and reconnect fees; delinquent service charge collection costs and expenses; surcharges; impact or mitigation fees; permit fees and costs; any type of connection charges, general facilities charges, or local facilities charges; local improvement district and utility local improvement district assessments and payments; grants; contributed assets (contributions in aid of construction); loans; income from legal settlements not related to retail sales to the District customers; income from telecommunication leases or licenses; income from real property or from real property sales; income from the sale of surplus equipment, tools or vehicles; interest income; penalties; hydraulic modeling fees; sewer system extension agreement fees and charges; income from street lights; labor, equipment and materials charges; or any other fees and charges. Section 2. Franchise. A. In addition to the authority granted by State law to the District to locate, operate and maintain its Facilities in public roads and streets, the City does hereby grant to the CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 4 Page 2 of 27 District the non-exclusive right, privilege, authority and franchise to construct, install, lay, support, attach, maintain, repair, renew, replace, remove, enlarge, operate and use Facilities in, upon, over, under, along, through and across the Franchise Area for purposes of its sewer utility functions as defined in Title 57 RCW. B. Nothing contained in this ordinance is to be construed as granting permission to the District to go upon any other public place other than those types of public places specifically designated as the Franchise Area in this Ordinance. Permission to go upon any other property owned or controlled by the City must be sought on a case -by -case basis from the City and may require lease or rental payments as a condition of such use. C. At all times during the term of this Franchise, the District shall fully comply with all applicable federal, state and local laws and regulations and required permits, including, but not limited to, RCW 39.04.180 for construction trench safety systems, chapter 19.122 RCW for utility damage prevention, the State Environmental Policy Act, the State of Washington Pollution Control Law, and the Federal Clean Water Act. D. The terms, conditions, and provisions of Tukwila Municipal Code ("TMC") Title 11, as currently written, or hereafter modified, are incorporated herein by reference. In the event that a conflict exists between the terms of this Franchise and the terms of the TMC, the terms of this Franchise shall control. E. The terms of this Franchise shall not impair or interfere with the District's rights under any easements that cover areas within any existing or future City rights -of -way. The District's easement rights shall remain in effect unless formally relinquished by the District or condemned by the City. Section 3. Non-interference of Facilities. A. The District's Facilities shall be located, relocated and maintained within the Franchise Area so as not to unreasonably interfere with the free and safe passage of pedestrian, bicycle, and vehicular traffic and ingress or egress to or from the abutting property and in accordance with the laws of the State of Washington, and the ordinances, resolutions, rules and regulations of the City of Tukwila. Nothing herein shall preclude the District from effecting temporary road closures as reasonably necessary during construction or maintenance of its Facilities provided the District receives prior City approval through an appropriate permit, which shall not be unreasonably withheld, and, provided further, the District shall have the right to effect temporary road closures in the event of emergencies to maintain, repair and replace its Facilities without prior City approval but the District shall obtain City approval of such road closures as soon as reasonably possible. B. Whenever it is necessary for the District, in the exercise of its rights under this Franchise, to make any excavation in the Franchise Area, the District shall, upon completion of such excavation, restore the surface of the Franchise Area to City standards, as nearly as reasonably possible to its condition prior to any such excavation, installation, construction, relocation, maintenance or repair and, except as provided under Section 4, shall do so, at no expense to the City; PROVIDED, HOWEVER, that no such work shall be done prior to the obtaining of a permit therefor issued by the City, which CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 3 of 27 5 permit shall set forth conditions pertaining to the work to be done and specifications for the restoration of the Franchise Area. C. If the City determines that the District has failed to restore the right-of-way in accordance with the conditions set forth in this Franchise, the City shall provide the District with written notice, which shall include a description of actions the City believes necessary to restore the right-of-way. If the right-of-way is not restored in accordance with the City's notice within fifteen (15) days of that notice, or such longer period as may be specified in the notice, the City, or its authorized agent, may restore the right-of-way and the District shall, except as provided in Section 4, be responsible for all reasonable costs and expenses incurred by the City in restoring the right-of-way in accordance with this Section. The rights granted to the City under this Section shall be in addition to those otherwise provided by this Franchise. D. The District shall, except as provided in Section 4, at no expense to the City, expeditiously repair all existing Facilities that it owns, operates and maintains within the Franchise Area, including any damage caused directly or indirectly by its Facilities. The connecting its system to users. E. Survey monuments shall not be removed or destroyed without the District first obtaining the required Department of Natural Resources (DNR) permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as such statute and regulation may be modified and amended. A Professional Land Surveyor (PLS) shall be responsible for perpetuating and documenting existing monuments in compliance with the Application Permit to Remove or Destroy a Survey Monument in accordance with WAC 332-120. Following approval by the Public Land Survey Office, copies of the approved permits shall be forwarded to the City. All survey monuments, which have been distributed or displaced by such work, shall be restored pursuant to all federal, state and local standards and specifications. The District agrees to promptly complete all restoration work and to promptly repair any damage caused by such work at its sole expense. Section 4. Relocation of Facilities. A. Whenever the City causes the grading or widening of the Franchise Area or undertakes construction of City -owned utilities, storm drainage lines, lighting, signalization, sidewalk improvements, pedestrian and bicycle amenities, or other public street improvements (collectively "Public Improvement Projects") and the Public Improvement Project requires relocation of the District's then -existing Facilities within such Franchise Area, the City shall: (1) Pursuant to RCW 35.21.905, or as amended, consult with the District in the predesiqn phase of any Public Improvement Project in order to coordinate the project's design with the District Facilities within such project's area; and (2) Provide the District, at least one hundred eighty (180) days prior to the advertisement for bid of construction of such project, written notice that a project is expected to require the relocation of District Facilities, together with reasonably accurate and specific plans and specifications for such grading, widening, or construction and a proposed new location within the Franchise Area for the District's Facilities. This period 6 CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 4 of 27 of time shall be extended to three hundred sixty (360) days prior notice if the Public Improvement Project exceeds Five Hundred Thousand Dollars ($500,000); and (3) Coordinate and work diligently with the District to minimize conflicts between existing Facilities and the project improvements, where possible and to avoid having the District relocate its Facilities, whenever possible. The District acknowledges and agrees that there are situations and circumstances where no other feasible alternatives are available and that relocation may be necessary. (1) Provide the District, at I st one hundred eighty (180) days prior to the advertisement for bid of construction of such project, written notice that a project is of -time shall be extended to three hundred sixty (360) days prior notice if the Public (3) Coordinate and work diligently with the District to minimize conflicts where possible using the following procedure: (a) Pursuant to RCW 35.21.905, or as amended, the City will consult coordinate the project's design with District's Facilities within such project's area. (b) The District shall participate in predesign meetings until such time Public Improvement Project, or (ii) until the City provides the District with written notice regarding the relocation as provided in subsection (d) below. (c) The District shall, during the predesign phase, promptly (within alternatives to possible relocations. The City agrees to consider any alternatives proposed by the District, but the final decision accepting or rejecting any specific alternative shall be within the City's sole discretion. (d) The City will provide the District with its decision regarding the relocation of the District's Facilities aocoon as reasonablrrupry--po-.s-sible, endea% provide no less than ninety (90) days prior to the commencement of the construction of such Public Improvement Project; provided, however that in the event that the provisions outlined in Section 4.1, the City shall notify the District during the predesign meetings and the process mandated by the grant funding shall control. (e) After receipt of such notice, the District shall complete the relocation of jts-F-ac-itities-se-a-s-to-aGc-ommodate-s-uc-II-Pu-Plic--Improvement-P-najec-t-c-onsistent-with the timeline provided by the City, or as otherwise modified by the City, and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. (f) The City may require the relocation of the Facilities at the District's CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 5 of 27 7 reasonable time period specified by the City. B. After receipt of such notice and such plans and specifications, District shall relocate its Facilities within the Franchise Area to accommodate street and city improvement projects; provided, however, the District may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocations. Such written notice must be received by the City within ninety (90) days of receipt of the notice described in Section 4(A)(2) above. Within a reasonable time, the City shall evaluate such alternatives and advise the District in writing whether one or more of the alternatives is suitable to accommodate work that would otherwise necessitate relocation of the Facilities. If requested by the City, the District shall submit such additional information as is reasonably necessary to assist the City in making such evaluation. The City shall give each alternative full and fair consideration. If the City reasonably determines that there is no other feasible alternative, the City shall provide the District with further written notice ("Secondary Notice") to that effect, and the District shall then relocate its Facilities by its own forces, by separate public works contract or by participating in the City's public works project in accordance with Section 4(G). The City shall cooperate with the District to designate a substitute location for its Facilities within the Franchise Area. The City will establish a date by which Facilities will be relocated, which date will be not less than one hundred eighty (180) days after receipt of the Secondary Notice by the District as to the Facility to be relocated. The District must finish relocation of each such Facility by the date so established. C. The cost of relocating such Facilities existing within the Franchise Area shall be paid as follows: (1) If the relocation occurs within ten (10) years after the District or a third party on the District's behalf constructed such Facility, then the City shall pay fifty percent (50%) of the cost of such relocation and the District shall pay the remaining fifty percent (50%). (2) If the relocation occurs more than ten (10) years after the District or a third party on the District's behalf constructed such Facility, then the relocation shall be at the District's sole cost. (3) However, if the City requires the relocation of Major Facilities defined as gravity sewer mains of eight (8) inch diameter or greater and appurtenances, lift stations and pump stations and related force mains, siphon lines and boxes, or vault structures "Major Facilities" or "Major Facility") to accommodate a City project, where such facility cannot reasonably be supported, disconnected, relocated or removed, then the City shall pay fifty percent (50%) of the cost of the relocation of the Major Facility and the District shall pay the remaining fifty percent (50%) without limitation on the age of the facility; provided, the City and District agree to give full and fair consideration to any lower -cost alternatives to relocating the Major Facility meeting the minimum operational requirements of the Parties, and the City and the District shall each pay fifty percent (50%) of the lower -cost alternative. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 8 Page 6 of 27 (34) For the purposes of this Section 34, the date of the Facility's acceptance by the District Board of Commissioners, or the date of final contract payment for the facility's installation (whichever occurs first), shall determine the age of the Facility. (45) Whenever any State or Federal Agency with legal authority within the Franchise Area requires the relocation of District Facilities, the relocation shall be at the District's sole cost. This provision does not limit the District's rights to seek reimbursement for the costs of such relocation from the State or Federal Agency requiring the relocation. (56) Subsection (1) and (3) of this Subsection 4(C) shall not apply to relocations of District Facilities required as part of a formal declaration of emergency as defined in RCW 39.04.280(3) by the City, which is ratified by Resolution of the City Council. In such cases, relocation, if necessary, shall be at the District's sole cost. D. Whenever the City is undertaking a road or City -owned utility project or improvement, the City will not use its authority to require the District to relocate sewer facilities for third party franchise utilities (private utilities) on City -initiated aerial -to - underground conversion projects. If conflicts between the aerial -to -underground joint - trench and the District Facilities cannot be resolved, and relocation of District Facilities is necessary, the District shall have the right as a pre -condition of such relocation to require payment to the District for any and all costs and expenses incurred by the District in the relocation of such District Facilities. On City -initiated projects requiring aerial -to -aerial relocation of third party franchise utilities (private utilities), the District shall relocate that portion of its Facilities which are in direct conflict with the new locations of the third party franchise utility facilities, such as utility poles, or participate in securing the necessary easements where no reasonable alternative location for the third party franchise utility facilities exist within the then existing right-of-way. E. For the purpose of this Section 4, a project or improvement is considered to be caused by the City (as described in Section 4(A) above) if the project is City -initiated and is part of the City's annually adopted Capital Improvement Project (CIP) Program, and can include projects or improvements where a third party has made an in lieu payment for a portion of the City's capital improvement project, provided, the City is responsible for the majority of the cost of the project or improvement, which, if applicable, includes any grant funding received by the City from any federal, state or local agency. A project or improvement is not considered to be caused by the City if the project or improvement is constructed by the City on behalf of a third party, where the third party is responsible for the majority of the project or improvement cost and makes payment to the City in lieu of performing the project or improvement. F. Whenever any person or entity, other than the City, requires the relocation of District Facilities to accommodate the work of such person or entity within the Franchise Area (excluding State and Federal agencies with legal authority within the Franchise Area), the City agrees not to use its authority to require the District to relocate the existing Facilities. The District shall have the right as a pre -condition of such relocation to require such person or entity to: CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 7 of 27 9 (1) Make payment to District at a time and upon terms acceptable to the District for any and all costs and expense incurred by the District in the relocation of District Facilities; and (2) Protect, defend, indemnify and hold the District harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another arising out of or in conjunction with the relocation of District Facilities, to the extent such injury or damage is caused by the negligence or willful misconduct of the person or entity requesting the relocation of District Facilities or other negligence or willful misconduct of the agents, servants or employees of the person or entity requesting the relocation of District Facilities. G. If a City project requires the relocation of then existing Facilities within the Franchise Area, the District shall have the right by interlocal agreement with the City to include the relocation of any Facilities as required by the City as part of the City's public works project. Such interlocal agreement shall include and provide for, but not be limited to, the following terms and conditions: (1) The inclusion of the District's work as part of the City's project; (2) The District to provide plans and specifications of the District's work to the City in a timely manner for inclusion as a separate bid schedule in the City project, whether such District plans and specifications are prepared by the District at the District's expense, or the City prepares the plans and specifications for the District's work at the District's expense; (3) The City bidding the project, including the District's work by separate bid schedule, and the District's approval of the contractor's bid for the District's work in the separate bid schedule, or, alternatively, the District's rejection of the contractor's bid for the District work and the District's right to perform the District's work through a District contractor, provided that in so doing the City's project is not unreasonably delayed; (4) The City's contractor to install both the City work and the District work, the City's obligation to pay the City's contractor for both the City work and the District work, and the District's obligation to reimburse the City for the cost of the District work performed by the City contractor. (5) The District's obligation to reimburse the City for District project administration and inspection fees and costs based on a time and materials basis, provided the City and the District may negotiate a lump sum payment on a per project basis, or a percentage of the total District project construction cost, and provided the District shall not be required to pay for any City -issued permits related to the City work and the District work. H. The Parties expressly agree that this Section 4 shall not survive the expiration, revocation or termination of this Franchise, unless modified by separate agreement. Section 5. Right -of -Way Management. A. Permit Requirements. Whenever the District excavates in any right-of-way for the purpose of installation, construction, operation, maintenance, repair or relocation CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 10 Page 8 of 27 of its Facilities, it shall apply to the City for a permit to do so in accordance with this Franchise and the ordinances and regulations of the City requiring permits to operate in City right-of-way. Except for emergencies or as otherwise provided for in this Franchise and applicable City Ordinance, no District excavation work shall occur within any City right-of-way without a permit. All work shall be done to the City's reasonable satisfaction. B. Blanket Permits. The District may obtain a Blanket Activities Permit for Blanket Activities, as defined in Section 1, performed in the City's rights -of -way. The permit will be charged at the fee as identified in the City's Fee Schedule and hourly inspection fees shall be paid monthly. Blanket Activities require submittal of typical traffic control measures consistent with the MUTCD. Permits for Blanket Activities shall be valid for no longer than twelve months. C. Restoration after Construction. The District shall, after any installation, construction, relocation, operation, maintenance or repair of Facilities within the Franchise Area, restore the right-of-way to City standards as nearly as reasonably possible to its condition prior to any such work. The District agrees to promptly complete all restoration work and to promptly repair any damage to the right-of-way caused by such work at its sole cost and expense. The District further agrees to repair or replace any defective restoration work performed by the District or on its behalf consistent with the City's Infrastructure Design and Construction Standards. If it is determined the District has failed to restore the right-of-way in accordance with this Franchise and other applicable City regulations or if the District's restoration work is subsequently determined to be defective, the City shall provide the District with written notice. Any notice issued by the City shall include a description of the actions the City believes necessary to restore the right-of-way or repair or replace the work. The Parties agree the District shall not be required to pay the City any pavement mitigation fees or similar charges relating to cutting, removing or disturbing pavement within the right-of-way if the District's pavement cutting, removing, or disturbing is in connection with a Public Improvement Project. D. Bonding Requirement. The District, as a public agency, shall not be required to comply with the City's standard bonding requirement for working in the City's rights -of - way. E. Emergency Work, Permit Waiver. In the event of an emergency where any District Facilities located in the right-of-way are broken or damaged, or if the District's construction area for the District's Facilities is in a condition as to place health or safety of any person or property in imminent danger, the District shall immediately take any necessary emergency measures to repair, replace or remove its Facilities without first applying for and obtaining a permit as required by this Franchise; provided the District shall notify the City as soon as reasonably possible relative to such emergency activity and shall immediately obtain a permit for such activity if required by this Franchise or City Ordinance. F. City Work Zones. The District shall not be required to obtain a City right-of- way permit to undertake utility work when the District has included its work as part of a City public works project in accordance with Section 4(G). G. City Invoices. The City shall invoice the District for all City fees and charges relating to the issuance of any City right-of-way permit to the District, including inspection CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 9 of 27 11 fees and charges, on a monthly basis, and the City's final fees and charges within thirty (30) days of the completion of any District work in City right-of-way subject to a City permit, and the City's final acceptance of any District work. H. Contractors and Subcontractors. The District's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work were performed by the District. The District shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by the District and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section 6. Planning Coordination. A. The Parties agree to participate in the development of, and reasonable updates to, the other Party's planning documents as follows: (1) For the District's service area within the City limits, the District will participate in a cooperative effort with the City to develop City's Comprehensive Plan Utilities Element that meets the requirements described in RCW 36.70A.070(4). (2) The District will participate in a cooperative effort with the City to ensure that the Utilities Element of City's Comprehensive Plan is accurate as it relates to the District's operations and is updated to ensure continued relevance at reasonable intervals. (3) The District shall submit information related to the general location, proposed location, and capacity of all existing and proposed Facilities within the City as requested by the City within a reasonable time, not exceeding twenty (20) days from receipt of a written request for such information, provided that such information is in the District's possession, or can be reasonably developed from the information in the District's possession. (4) The City will provide information relevant to the District's operations within a reasonable period of written request to assist the District in the development or update of District's Comprehensive Sewer System Plan(s), provided that such information is in the City's possession, or can be reasonably developed from the information in the City's possession. B. District and City shall each assign a representative whose responsibility shall be to coordinate planning for capital improvement plan projects including those that involve undergrounding. At a minimum, such coordination shall include: (1) For the purpose of planning, the District and the City shall provide each other with a copy of their respective current adopted Capital Improvement Plan annually and upon request by the other Party. (2) By February 1st of each year, District shall provide the City with a schedule of the District's planned capital improvements which may affect the rights -of - way for that year. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 12 Page 10 of 27 (3) By February 1st of each year, City shall provide the District with a schedule of City's planned capital improvements which may affect the rights -of -way for that year including but not limited to street overlays and repairs, storm drainage improvements and construction, and all other rights -of -way activities that could affect District capital improvements and infrastructure. (4) The District shall meet with the City, and other franchisees and users of the right-of-way, as necessary, to schedule and coordinate construction activities. (5) All construction locations, activities, and schedules shall be coordinated to minimize public inconvenience, disruption or damages. (6) The City and the District agree to cooperate in the planning and implementation of emergency operations response procedures. (7) Without charge to either Party, both Parties agree to provide each other with as -built plans, maps and records in electronic format as available that show the location of their respective facilities within rights -of -way. Section 7. Indemnification. A. To the extent permitted by law, the District shall indemnify, defend and hold the City, its agents, officers, officials (elected and appointed) employees, volunteers and assigns harmless from and against any and all third party claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of District or its agents, officers, officials (elected and appointed) servants, employees, contractors, subcontractors or assigns in the construction, operation or maintenance of its Facilities or in exercising the rights granted District in this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the sole negligence or willful misconduct of the City, its agents, officers, officials (elected and appointed), employees, volunteers or assigns. Inspection or acceptance by the City of any work performed by the District at the time of completion of construction shall not be grounds for avoidance by the District of any of its indemnification obligations. B. The City shall indemnify, defend and hold the District, its agents, officers, officials (elected and appointed), employees, volunteers and assigns harmless from and against any and all third party claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of City or its agents, officers, officials (elected and appointed), employees, contractors, subcontractors or assigns in the City's performance, administration and operation of this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the District, its agents, officers, officials (elected and appointed), employees, volunteers or assigns. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 11 of 27 13 C. In the event any claim or demand is presented to or filed with the District or the City arising out of or relating to the acts or omissions in whole or in part of the other Party, the indemnified Party shall promptly notify the other Party, and the notified Party shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand. D. However, should a court of compctcnt jurisdiction dctcrminc that this Franchicc icy s„biect to R(`\n/ it '�/1 115 then inln 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 City and District, their officers, officials (elected and appointed), employees and agents, District's liability hereunder shall be only to the extent of District's negligence and the City's liability shall be only to the extent of the City's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. E. The District shall not introduce or use any known or classified hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall District allow any of its agents, contractors, subcontractors or any person under its control to do the same. The District will be solely responsible for and will defend, indemnify, and hold the City, its officers, officials (elected and appointed), employees, agents, and volunteers harmless from and against any and all claims, costs, and liabilities including reasonable attorney fees and costs, arising out of or in connection with the cleanup or restoration of the Franchise Area to the extent caused by the District's use, storage, or disposal of known, or classified, hazardous substances, whether or not intentional, and the use, storage, or disposal of such substances by the District's agents, contractors, subcontractors, or other persons acting under the District's control, whether or not intentional. F. Notwithstanding any other provisions of this Section 7, the District assumes the risk of damage to its Facilities located in the rights -of -way and upon City -owned property from activities conducted by the City, its officers, officials (elected and appointed), agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any sole negligence, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, officials (elected and appointed), or contractors. The District releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, officials (elected and appointed), or contractors. G. The provisions of this Section 7 shall survive the expiration, revocation, or termination of this Franchise. Section 8. Default. If the District fails to comply with any of the provisions of this Franchise, unless otherwise provided for herein, the City may serve upon the District a written order to so comply within thirty (30) days from the date such order is received by the District. If the District is not in compliance with this Franchise after expiration of the thirty (30) day period, the City may act to remedy the violation and may charge the costs and expenses CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 14 Page 12 of 27 of such action to District. The City may act without the thirty (30) day notice in case of an emergency and may charge the costs and expenses of such action to the District. The City may in addition, by ordinance adopted no sooner than five (5) days after notice of the City Council hearing (at which District will have an opportunity to be heard) on the impending ordinance, declare an immediate forfeiture of this Franchise, provided, however, if any material failure to comply with this Franchise by District cannot be corrected with due diligence within said thirty (30) day period, the District's obligation to comply and to proceed with due diligence being subject to unavoidable delays and events beyond its control, in which case the time within which the District may so comply shall be extended for such time as may be reasonably necessary and so long as the District commences promptly and diligently to effect such compliance, provided a good faith dispute does not exist concerning such compliance. All rights and remedies shall be in addition to and cumulative with any and all other rights and remedies available to either the City or District. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. In addition to other remedies provided herein, if the District is not in compliance with requirements of this Franchise, and if a good faith dispute does not exist concerning such compliance, the City may place a moratorium on issuance of pending District right-of-way use permits until compliance is achieved. Section 9. Non-exclusive Franchise. This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other franchises over, upon, and along the Franchise Area which do not interfere with District's rights under this Franchise. This Franchise shall not prohibit or prevent the City from constructing, altering, maintaining, or using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. Section 10. Jurisdiction. This Franchise is intended to convey limited rights and interest only as to those roads and rights -of -way in which the City has an actual interest within the Franchise Area. It is not a warranty of title or of interest in City rights -of -way. Section 11. Franchise Term. This Franchise shall have a term of fifteen (15) years from its Effective Date as defined in Section 37 herein, provided this Franchise shall be automatically extended for one additional five (5) year period unless either Party, at least one hundred eighty (180) days prior to the termination date of the Franchise provides written notice to the other Party of its intent to terminate the Franchise at the end of the then current Franchise term (collectively, the "Term"). CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 13 of 27 15 Section 12. Administrative Fee. As compensation to the City for its costs of creating and administering this Franchise, the District shall pay to the City a one-time administrative fee ("Administrative Fee") of Two Thousand Five Hundred Dollars ($2,500.00). The Administrative Fee shall be paid by the District to the City within thirty (30) days of the Effective Date of the Franchise. Section 13. Non -assumption. In consideration of the District's payment of the Franchise Fee and Administrative Fee to the City as provided in Sections 12 and 14 herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear its statutory authority pursuant to chapter 35.13A RCW or other statutes to attempt to assume jurisdiction over all or part of the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. The City's agreement and forbearance includes not facilitating or cooperating with any other city or town to attempt pursuant to RCW 35.13A.060 or as such statute may be amended or superseded to assume jurisdiction over the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the Term of this Franchise; provided, that this provision shall not be construed to prohibit or prevent the City from responding to requests for public records related to such attempts by other cities or towns . Section 14. Franchise Fee. A. In consideration of the rights granted the District under this Franchise, the District shall pay to the City a franchise fee ("Franchise Fee") which shall begin to accrue on March 1, 2024, beginning the first day of the first month occurring at least thirty (30) days after the Effective Date of this Franchise, subject to the provisions of Section 14(B) herein, as follows: Six percent (6%) of the District's Revenue derived from the provision of retail sewer service billed to its customers after the date established in Section 14(A) and thereafter until the termination of this Franchise, including any extension of the term of this Franchise. In the event the City decides to adopt a utility, business and occupation tax, public utility tax, privilege tax, excise tax or any other similar tax (collectively "utility tax") upon the District based on the District's revenues, gross receipts, or gross income during the term of this Franchise, then the District's Franchise Fee payments under this Franchise shall be credited against any such utility tax the City may impose. B. The Franchise Fee shall be paid to the City in bi-monthly installments due and payable within thirty (30) days following the end of the bi-monthly period. C. Should the District be prevented by judicial or legislative action from paying any or all of the Franchise Fee, the District shall be excused from paying that portion of the Franchise Fee. Should a court of competent jurisdiction declare the Franchise Fee CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 16 Page 14 of 27 invalid, in whole or in part, then the District's obligation to pay the Franchise Fee to the City under this Section shall be terminated in accordance with and to the degree required to comply with such court action, provided, the Parties agree to amend this Franchise to require the District submit payment of a six percent (6%) utility tax. D. In consideration of the District's payment of a Franchise Fee and Administrative Fee to the City as provided herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise, and to forbear, any legal authority it may have to impose compensation or a rental fee (collectively, "Rental Fee") upon the District for the District's use of the Franchise Area as provided for in this Franchise. E. The District shall have the right to recover the Franchise Fee from the District's ratepayers residing within the City and may identify the Franchise Fee as a separate billing item on utility customer billings. F. The District agrees while this Franchise is in effect that it will not pursue or support any legal challenge to the Franchise Fee set forth herein. G. If the District fails to pay any fee required under this Franchise within ninety (90) days after the due date thereof, there shall be added to such fee a penalty of 1.5 percent (1.5%) of the amount of such fee. Section 15. Compliance with Codes and Regulations. A. The rights, privileges and authority herein granted are subject to and governed by this ordinance and all other applicable City ordinances and codes, including the City's Road Standards, as they now exist or may hereafter be amended, provided the City shall not unreasonably affect or modify any portion of this Franchise without the District's written approval. Nothing in this ordinance limits the City's lawful power to exercise its police power to protect the safety and welfare of the general public or deprive the City of any powers, rights, or privileges it now has or may later acquire in the future to regulate the use of and to control the City rights -of -way covered by this Franchise. Any location, relocation, erection or excavation by District shall be performed by District in accordance with applicable federal, state and City rules and regulations, including the City public works policies and pre -approved plans, and any required permits, licenses or regulatory fees, and applicable safety standards then in effect or any Memorandum of Understanding with District. B. If any territory served by District is annexed to the City after the Effective Date of this Franchise, this Franchise shall be deemed to be the new agreement required to be granted to a franchisee in annexed territory by RCW 35A.14.900 for whatever period of time is then required under that statute or the remaining time left under this Franchise for the Franchise Area, whichever is longer. Such territory shall then be governed by the terms and conditions contained herein upon the effective date of such annexation. The first Franchise Fee for any annexed area shall be calculated pro rata from the effective date of the annexation to the end of the next bi-monthly billing period and paid to the City at the same time as the fee for the Franchise Area is paid for that bi-monthly billing period. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 15 of 27 17 C. The District shall, at all times, employ professional care and shall install and maintain and use industry -standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all Facilities, equipment, and connections in, over, under, and upon the rights of way, wherever situated or located, shall at all times be kept and maintained in a safe condition. The District shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. Upon reasonable notice to the District, the City reserves the general right to inspect the Facilities covered by this Franchise to evaluate if they are constructed and maintained in a safe condition. D. If an unsafe condition or a violation of Section 15(C) is found to exist, and becomes known to the City, the City agrees to give the District timely written notice of such condition and afford the District a reasonable opportunity to repair the same. If the District fails to start to make the necessary repairs and alterations within the time frame specified in such notice (and pursue such cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by the District and reimbursed to the City. E. The District shall be solely and completely responsible to perform all work related to this Franchise in compliance with all applicable federal, state, county and city statutes, rules, regulations, ordinances, orders and codes as presently constituted or as may be subsequently amended. The District's attention is directed to the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. The District shall be solely and completely responsible for safety and safety conditions on its job sites and for its work within the Franchise Area, including the safety of all persons and property during performance of any works therein. The services of the City or City's consultant personnel in conducting construction review of the District's work relating to the Franchise is not intended to include review of the adequacy of the District's work methods, equipment, scaffolding, or trenching, or safety measures in, on or near such Franchise Area or job site. The District shall provide reasonable and appropriate access for the City and its inspectors to adequately inspect the work and its conformance with applicable statutes, ordinances, rules, regulations, and the Franchise. F. Additional safety standards required include the following: (1) All installations of Facilities shall be installed in accordance with industry - standard engineering practices. (2) Any opening or obstruction in the rights -of -way or other public places made by the District in the course of its operations shall be protected by the District at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. G. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 18 Page 16 of 27 or standards, the work may immediately be stopped by the City. The stop work order shall: (1) Be in writing; (2) Be given to the person doing the work or posted on the work site; (3) Be sent to the District by overnight delivery or personally delivered to the District; (4) Indicate the nature of the alleged violation or unsafe condition; and (5) Establish conditions under which work may be resumed. Section 16. Location of Facilities and Equipment. With the exception of components that are traditionally installed above ground such as fire hydrants, blow—=offs/air-valves, vault lids, risers, manhole covers, pump stations, generators, electrical control panels, power meters, telephone connections, automated reading equipment and appurtenances, and utility markers, all Facilities and equipment to be installed within the Franchise Area shall be installed underground; provided, however, that such Facilities may be installed above ground if so authorized by the City, which authorization shall not be unreasonably withheld, conditioned or delayed, consistent with the provisions of the City's land use and zoning code and applicable development pre -approved plans. Section 17. Record of Installations and Service. A. With respect to excavations by the District and the City within the Franchise Area, District and the City shall each comply with their respective obligations pursuant to chapter 19.122 RCW, and as such statute may be modified and amended, and any other applicable state law. Further, upon request from a third party or the City's contractor, the District shall locate its Facilities consistent with the requirements of chapter 19.122 RCW. B. Upon written request of the City, the District shall provide the City with the most recent update available of any plan of potential improvements to its Facilities within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. C. Upon written request of District, the City shall provide District with the most recent update available of any plan of potential improvements to its Facilities located within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. D. As -built drawings of the location of any Facilities placed by the District in the Franchise Area, shall be made available to the City within twenty (20) working days of request_ and within forty (40) working days following the completion and final acceptance of any construction projects. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 17 of 27 19 Section 18. Shared Use of Excavations. A. The District and the City shall exercise best efforts to coordinate construction work either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. Such efforts shall include, at a minimum, reasonable and diligent efforts to keep the other Party and other utilities within the Franchise Area informed of its intent to undertake such construction work. The District and the City shall further exercise best efforts to minimize any delay or hindrance to any construction work undertaken by themselves or other utilities within the Franchise Area. B. If at any time, or from time to time, either the District, the City, or another franchisee, shall cause excavations to be made within the Franchise Area, the Party causing such excavation to be made shall afford the others, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: (1) No statutes, laws, regulations, ordinances or District safety policies prohibit or restrict the proximity of other utilities or facilities to District's Facilities installed or to be installed within the area to be excavated; (2) Such joint use shall not unreasonably delay the work of the Party causing the excavation to be made; (3) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both Parties. The Parties shall each cooperate with other utilities in the Franchise Area to minimize hindrance or delay in construction. C. The City reserves the right to not allow open trenching within any City street within five (5) years following a street overlay or improvement project; however, the District may open a trench provided it grinds and overlays the excavation area in accordance with the City written and adopted street overlay policy. In addition to the requirements of Section 6(B)(3), the City shall provide the District with written notice of not less than one hundred eighty (180) days prior to the commencement of any street overlay or improvement project. Section 19. Insurance. The District shall procure and maintain for the duration of the Franchise and as long as District has Facilities in the rights -of -way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Franchise and use of the rights -of -way. A. No Limitation. The District's maintenance of insurance as required by the Franchise shall not be construed to limit the liability of the District to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. B. Minimum Scope of Insurance. The District shall obtain insurance of the types and coverage described below: (1) 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 CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 20 Page 18 of 27 gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. 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 District's Commercial General Liability insurance policy with respect this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing at least as broad coverage. (2) Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. (3) Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of the District. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (4) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (5) Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the District's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the District's Excess or Umbrella Liability insurance policy. C. Minimum Amounts of Insurance. The District shall maintain the following insurance limits: (1) Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. (2) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (3) Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. (4) Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through District's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. D. Other Insurance Provisions. The District's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of the District's insurance and shall not contribute with it. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII or a recognized risk management pool that complies with the standards adopted by the Washington State Risk Manager. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 19 of 27 21 F. Verification of Coverage. The District shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement if available, evidencing the insurance requirements of the Franchise. Upon request by the City, the District shall furnish certified copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all subcontractors' coverage. G. Contractors. The District shall cause each and every contractor to provide insurance coverage that complies with all applicable requirements of the District -provided insurance as set forth herein, except the District shall have sole responsibility for determining the limits of coverage required to be obtained by contractors. The District shall ensure that the City is an additional insured on each and every contractor's Commercial General liability H. Notice of Cancellation. The District shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance. Failure on the part of the District to maintain the insurance as required shall constitute a material breach of Franchise, upon which the City may, after giving five business days' notice to the District to correct the breach, terminate the Franchise 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. J. City Full Availability of District Limits. If the District maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the District, irrespective of whether such limits maintained by the District are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the District. K. District — Self -Insurance. The District may fulfill the insurance obligations contained herein by maintaining membership in a joint self-insurance program authorized by chapter 48.62 RCW. In this regard, the City understands that as a member of such a program the District is not able to name the City as an "additional insured" under the liability coverage provided by the joint self-insurance program. If the District is self -insured or becomes self - insured during the term of the Franchise, the District or its affiliated parent entity shall comply with the following: (i) provide the City, upon request, a copy of the District's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (ii) the District or its parent company is responsible for all payments within the self -insured retention; and (iii) the District assumes all defense and indemnity obligations as outlined in Section 7. Section 20. Abandonment and/or removal of District Facilities. The Parties agree that the standard practice will be to abandon underground District Facilities in -place whenever practical, subject to the following conditions: A. The District shall continue to own and be responsible for any such Facilities abandoned within the Franchise Area. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 22 Page 20 of 27 B. The City shall have the right to require the District to remove any Facilities abandoned within the Franchise Area if the City reasonably determines the removal of the abandoned Facility is required to facilitate the construction or installation of a City project within the Franchise Area and the City determines there is no other feasible alternative to the removal of the Facility. The City will make reasonable efforts to avoid conflicts with abandoned Facilities whenever possible, however, whenever a conflict cannot be resolved except by removal from the right-of-way of previously abandoned District Facilities, then the District shall, at the District's expense, remove such abandoned Facilities by its own forces, by contract or by participating in the City's public works project. When necessary, removal of abandoned Facilities shall be limited to the area of direct conflict. In removing such material, the District shall conform to all local, state, and federal regulations applicable to asbestos abatement, when applicable. C. If the District becomes aware that removal of any abandoned Facilities within the Franchise Are is required to eliminate or prevent an emergency or hazardous condition that endangers the property, life, health or safety of any person or entity, the District shall promptly, at no cost to the City, remove such decommissioned Facilities. D. Within one hundred and eighty days (180) of the District's permanent cessation of use of its Facilities as determined by the District, or any portion thereof, the District shall provide the City with record drawings showing the location of the Facilities to be abandoned. E. District Facilities that are abandoned in -place shall be abandoned pursuant to City standards, to the satisfaction of the City Public Works Director or designee. F. The Parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise, unless modified by separate agreement. Section 21. Vacation of Franchise Area. If the City processes an application and/or determines to vacate any right-of-way which is part of the Franchise Area, the City may, after giving thirty (30) days written notice ("Vacation Notice") to the District, terminate this Franchise with respect to any City rights -of - way so vacated. However, should the District notify the City that an easement is required for existing Facilities within the proposed vacation area, the City shall require the applicant for a vacation to prepare and provide to the District the necessary easement documentation, at no cost to the District. The City shall withhold approval of such vacation until the District has notified the City that the necessary easement documentation has been secured, or provisions otherwise made acceptable to the District to maintain the viability and use of existing Facilities, provided that the District provides such notice to the City within one hundred eighty (180) days following the City's Vacation Notice to the District. Section 22. Assignment. All of the provisions, conditions, and requirements herein contained shall be binding upon the District, and no right, privilege, license or authorization granted to the District hereunder may be assigned or otherwise transferred without the prior written authorization and approval of the City, which the City may not unreasonably withhold, condition or delay, provided that a merger or consolidation of District with or into another Title 57 water -sewer CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 21 of 27 23 district shall not be considered an assignment for the purposes of this provision and shall not be subject to the City's approval. Section 23. Reservation of Rights. The City reserves the right, upon thirty (30) days written notice to the District, to amend or modify the provisions or conditions of this Franchise to conform to any state, county, or federal statute, rule, regulation, or ordinance adopted pursuant to the City's legitimate police power to protect the safety and welfare of the general public; provided that the City shall not unreasonably affect or modify any portion of this Franchise without the District's written approval. Unless otherwise mandated by state or federal law, if any term or condition of this Franchise and any term or condition of any City code, ordinance, resolution, or regulation are in conflict, the terms of this Franchise shall control. Section 24. Notice. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by any Party (collectively, "notices") shall be in writing and shall be validly given or made to another Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by e-mail with electronic confirmation. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one (1) business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three (3) business days after the deposit thereof in the United States Mail. If such notice is sent by email, it shall be deemed given at the time of the sender's receipt of electronic confirmation. Each such notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: To District: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 General Manager Valley View Sewer District 3640 S. 148th, Suite 100 Seattle, WA 98168 Any Party may change its contact information and address for the purpose of receiving notices as herein provided by a written notice given in the manner required by this Section to the other Party. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 24 Page 22 of 27 Section 25. Severability. If any term, provision, condition or portion of this Franchise shall be held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Franchise, which shall continue in full force and effect. Section 26. Non -Waiver. The failure of either Party to enforce any breach or violation by the other Party or any provision of this Franchise shall not be deemed to be a waiver or a continuing waiver by the non -breaching Party of any subsequent breach or violation of the same or any other provision of this Franchise. Section 27. Alternate Dispute Resolution. If the Parties are unable to resolve disputes arising from the terms of this Franchise, prior to resorting to a court of competent jurisdiction, the Parties may submit the dispute to mediation or other non -binding alternate dispute resolution process agreed to by the Parties. Unless otherwise agreed upon between the Parties or determined herein, the cost of that process shall be shared equally by the Parties. Section 28. Attorney fees. All fees and expenses for mediation or arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. In any claim or lawsuit for damages arising from the parties' performance of this Franchise, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit either Party's right to indemnification under Section 7 of this Franchise. Section 29. Governing LawNenue. This Franchise shall be governed by the laws of the State of Washington. Any suit to enforce or relating to this Franchise shall only be filed in King County Superior Court, King County, Washington. Section 30. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the Parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the Parties upon execution and acceptance hereof. CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 23 of 27 25 Section 31. Amendment. This Franchise may be amended only by written instrument, signed by both Parties, which specifically states that it is an amendment to this Franchise, and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 7 "Indemnification" above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by the District of any and all rights, benefits, privileges, obligations, or duties in and under this Franchise, unless such permit, approval, license, agreement or document specifically: A. References this Franchise; and B. States that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document that does not comply with Subsections (A) and (B) referenced above, the provisions of this Franchise shall control. Section 32. Directions to City Clerk. The City Clerk is hereby authorized and directed to forward certified copies of this ordinance to the District as set forth in this ordinance. The District shall have thirty (30) days from the receipt of the certified copy of this ordinance to accept in writing the terms of the Franchise granted to the District by this ordinance and file with the City Clerk the Statement of Acceptance, attached hereto as Exhibit A and incorporated by reference. Section 33. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Franchise. Section 34. Survival. All of the provisions, conditions, and requirements of Section 7, Section 15, Section 18, Section 20, and Section 27 of this Franchise shall, in addition to any and all other obligation and liabilities the District may have to the City at common law, by statute, or by contract, survive this Franchise, and any renewals or extensions, to the extent provided for in those sections. Section 35. District Acceptance of Franchise. The District shall have no rights under this Franchise nor shall the District be bound by the terms and conditions of this Franchise unless the District shall, within thirty (30) CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 26 Page 24 of 27 days after the effective date of the ordinance, file with the City its written acceptance of this Franchise. Section 36. Effective Date of Ordinance. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 37. Effective Date of Franchise. The terms and conditions of this ordinance shall not be binding on the City and the District unless the District Board of Commissioners within thirty (30) days of the effective date of this ordinance adopts a resolution accepting this Franchise, and the date of the adoption of such resolution by the District Board of Commissioners shall be the effective date ("Effective Date") of the Franchise. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. 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: Exhibit A, Acceptance of Franchise form Exhibit B, Depiction of City Corporate Boundaries CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 25 of 27 27 EXHIBIT A ACCEPTANCE OF FRANCHISE The undersigned authorized representative of Valley View Sewer District hereby declares on behalf of Valley View Sewer District the acceptance of the nonexclusive franchise to Valley View Sewer District approved by the Tukwila City Council on , 2023, by the adoption of Tukwila City Ordinance No. DATED this day of , 2023. Valley View Sewer District By: Its: CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn 28 Page 26 of 27 EXHIBIT B DEPICTION OF CITY CORPORATE BOUNDARIES CC:\Legislative Development\Franchise agmt—Valley View Sewer District 11-28-23 S. Kim Andy Youn Page 27 of 27 29 L I 4 V/I I a • • SEATAC Boike SEATTLE s laatn 13om 1 g s,<•n.1 Lake Washington S RENTON gi City of Tukwila Sewer Districts Sewer District Tukwila _ Seattle - Valley View _ Renton Non-Sewered Area ..J City Limits S Not to Scale 30 Date: March 23, 2010 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/4/23 BJM ITEM INFORMATION ITEM NO. 5.D. STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 12/4/23 AGENDA ITEM TITLE Lodging Tax Advisory Committee Authorization Ordinance. CATEGORY ❑ Discussion Mtg Date Motion Mtg Date 12.4.23 ❑ 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 SUMMARY An ordinance reducing the number of seats on the Lodging Tax Advisory Committee (LTAC) from nine to seven and changing the due date for its annual report. REVIEWED BY D Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC DATE: 11 / 20 / 23 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $N/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: N/A MTG. DATE 12/4/23 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated November 14, 2023. Draft Ordinance Minutes from the 11/20/23 PCD Committee meeting 31 32 TO: FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: November 14, 2023 SUBJECT: Lodging Tax Advisory Committee Authorization Ordinance ISSUE An ordinance amending the composition of the Lodging Tax Advisory Committee (LTAC) and making changes to the annual reporting deadline. BACKGROUND The City of Tukwila collects a 1 % tax on eligible stays in overnight accommodations. Washington State requires that these funds be used solely for tourism related activities. Additionally, the City is required to have a lodging tax advisory committee to make recommendations on the use of the funds and any changes in the tax rate. The committee must be made up of an equal number of people from establishments that collect the tax (hotels, motels, extended states, and short-term rentals) and an equal number of people from entities eligible to be funded by the tax. An elected official from the City also serves as the Chair of the committee. The committee must have at least five members. The City's LTAC is authorized under TMC 2.35. The make up of the committee is currently nine members, with two of the positions (one hotel and one non -hotel) being unfilled. Per City Council tradition, the Council President typically serves as the Chair. State law also requires the City to make an annual report on the usage of lodging tax funds by the end of March for the preceding year. For example, the report submitted in March of 2023 reported on the expenditures for all of 2022. TMC 2.35.50 requires that an annual report be submitted to the City Council by December 31 to reflect the activities for the past 12 months. DISCUSSION Staff are proposing to make the following changes to TMC 2.35 regarding the operation of the LTAC. 1. Reduce the total number of members from nine to seven. Staff is suggesting that we eliminate the two vacant positions from the LTAC, thus bringing the total number of positions down to seven. Recruitment of the lodging businesses on the LTAC has always been a challenge. It's been difficult to find lodging business representatives who have a broad and expansive knowledge of marketing, sales, branding, and placemaking. Additionally, the LTAC now meets in a hybrid, virtual environment. Meeting management is much simpler with seven members versus nine. 2. Change the City Council Annual Report Deadline Staff would like to change the deadline for reporting to the Council on the activities of the LTAC from December 31 to June 30. The report in June would be for the prior year. The reason for this change is to line it up with the State reporting requirements. Recipients of lodging tax funds City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Tukwila City Council 33 INFORMATIONAL MEMO Page 2 collect data on the past data usage and usually have until March 1 of the following year to submit their final reports to the City. FINANCIAL IMPACT N/A RECOMMENDATION Forward to November 27, 2023 Committee of the Whole meeting and December 4, 2023 consent agenda. ATTACHMENT(S) • Draft Ordinance. 34 C:\Users\andy-y\AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\Informational Memorandum (Info Memo) (002).docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2537 §4 AND §7, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 2.35, "LODGING TAX ADVISORY COMMITTEE"; AMENDING THE NUMBER OF MEMBERS FOR THE LODGING TAX ADVISORY COMMITTEE AND DATE FOR SUBMISSION OF THE ANNUAL REPORT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council adopted Ordinance No. 2537, regarding the governance and administration of the Lodging Tax Advisory Committee; WHEREAS, the City wishes to impose best practices in the administration of the Lodging Tax Advisory Committee; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.35.020 Amended. Ordinance No. 2537 §4, as codified at TMC Section 2.35.020, "Membership," is hereby amended to read as follows: 2.35.020 Membership A. Qualifications. Members must have a connection to a business or activity in the City of Tukwila that either collects the lodging tax or is authorized to be funded by revenue received from the tax. B. Number of Members. The Committee shall be comprised of nine seven members that meet the requirements of TMC Section 2.35.020.A, and shall include: 1. One elected official of the City who shall serve as the Committee Chair; 2. i hree ou-r representatives of businesses required to collect the lodging tax pursuant to RCW 67.28; and CC:\Legislative Development\Amend LTAC Operations 11-14-23 B. Miles Page 1 of 3 35 3. ThreeFour representatives involved in activities authorized to be funded by revenue received from the tax pursuant to RCW chapter 67.28 RCW. C. Appointment Process. Interested parties that who meet the requirements stated in TMC Section 2.35.020, subparagraphs A and B, shall submit a completed Boards and Commissions Application to the Mayor's Office for processing by the City Council. The Mayor's Office will forward the application to the Committee's staff liaison. The Chair of the Lodging Tax Advisory Committee recommends appointments to the City Council Committee and all appointments are confirmed by the City Council. D. Term of Appointment. The City Council shall review and appoint members on an annual basis. E. Resignations. If a Committee member is unable to complete their term of service, a letter of resignation shall be sent to the Chair of the Committee indicating the effective date of the resignation. F. Vacancies. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill only the unexpired portion of said term. G. Revocation of Appointment. A Committee member may be removed from the position if absent without being excused for three regular meetings in a calendar year or if they no longer meet the membership qualifications as stated in TMC Section 2.35.020, subparagraphs A and B. Section 2. TMC Section 2.35.050 Amended. Ordinance No. 2537 §7, as codified at TMC Section 2.35.050, "Reporting Requirements and Annual Review," is hereby amended to read as follows: 2.35.50 Reporting Requirements and Annual Review A. Reporting Requirements. The Committee shall keep the City of Tukwila apprised of its activities and recommendations by submitting an annual report by June 30December 31 each year summarizing the activities for the prior year. B. Annual Review. Pursuant to RCW 67.28 the City Council shall review the Lodging Tax Advisory Committee on an annual basis. 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 CC:\Legislative Development\Amend LTAC Operations 11-14-23 B. Miles Page 2 of 3 36 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 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 , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney CC:\Legislative Development\Amend LTAC Operations 11-14-23 B. Miles Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 3 of 3 37 38 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes November 20, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Kathy Hougardy, Chair; Thomas McLeod, Cynthia Delostrinos Johnson Staff Present: David Cline, Brandon Miles Chair Hougardy called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Ordinance: Lodging Tax Advisory Committee Staff is seeking approval of an ordinance that would amend Tukwila Municipal Code Chapter *2.35 to change the number of members on the Committee from 9 to 7 and the due date of the annual report from December 31 to June 30. Committee Recommendation Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. MISCELLANEOUS The meeting adjourned at 5:36 p.m. kQcommittee Chair Approval 39 40 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/4/23 AT ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: ALISON TURNER ORIGINAL AGENDA DATE: 12/4/23 AGENDA ITEM TITLE Agreement with Hopelink for TDM Outreach Services CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/4/23 ❑ 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 ❑ PIXY SPONSOR'S SUMMARY The Transportation Demand Management (TDM) Program is asking for approval to amend Contract 22-153, a subcontract with Hopelink to provide TDM outreach services. The Amendment would extend the contract through June 30, 2025, and add $65,000 to the budget for the additional 1.5 years. The Council is being asked to approve the contract amendment. REVIEWED BY Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/20/23 COMMITTEE CHAIR: SHARP RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $65,000 AMOUNT BUDGETED $65,000 APPROPRIATION REQUIRED $0 Fund Source: WSDOT REGIONAL MOBILITY GRANT (CONTRACT 21-115) Comments: There will be no impact to the general fund The subcontract will be reimbursed. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated 11/13/23 Amendment to Hopelink Agreement 22-153 - Hopelink - Outreach Services 2023 Regional Mobility Grant Program Minutes from the 11/20 T&I Committee Meeting 41 42 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, A1CP, Director TO: Transportation & Infrastructure Services Committee FROM: Nora Gierloff, DCD Director BY: Alison Turner, Sustainable Transportation Program Manager Chris Andree, Sustainable Transportation Outreach Coordinator CC: Mayor Ekberg DATE: November 13, 2023 SUBJECT: Agreement with Hopelink for TDM Outreach Services ISSUE The Transportation Demand Management (TDM) Program is asking for approval to amend Contract 22-153, a subcontract with Hopelink to provide TDM outreach services. BACKGROUND The City's TDM Program has partnered with Hopelink for the last 5-plus years to provide TDM services to priority populations including people with disabilities, veterans, immigrants and refugees, people with lower incomes, youth, and seniors. Since 2020, the TDM Program has had subcontracts with Hopelink using WSDOT Regional Mobility Grant funding. DISCUSSION The amendment would extend the contract through June 30, 2025, and add $65,000 to the budget for the additional 1.5 years. This is an increase from the original contract budget of $38,000 for 1 year to account for increasing cost of living and staff salaries. FINANCIAL IMPACT There will be no impact to the general fund. The $65,000 subcontract will be reimbursed by a WSDOT Regional Mobility Grant (Contract 21-115). RECOMMENDATION The Council is being asked to approve amending Contract 22-153 with Hopelink and consider this item on the Consent Agenda at the December 4, 2023, Regular Meeting. ATTACHMENTS Attachment A: Amendment to Hopelink Agreement Attachment B: 22-153 - Hopelink - Outreach Services 2023 Regional Mobility Grant Program Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 43 44 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Hopelink That portion of Contract No. 22-153 between the City of Tukwila and Hopelink is hereby amended as follows: Section 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 $65,000 $38,000.00. Section 4: Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2024 2023, and ending June 30, 2025 December 31, 2023, unless sooner terminated under the provisions hereinafter specified. Exhibit A — Scope of Work: Activities and Services Hopelink will supplement and enhance the City of Tukwila's current Transportation Demand Management (TDM) Program by providing outreach across South King County including both in - person and virtual engagement, and partnership development. Several strategies for this project include: • Education & Outreach: provide travel options training for residents and transportation users in south King County, specifically in Tukwila, Burien, Des Moines, Kent, Renton, and SeaTac. o This programing will be designed to provide education and resources on sustainable transportation options, including but not limited to transit, active transportation, and ridesharing options. o Priority locations include multi -family housing, educational sites, low-income housing, senior/community centers, and other destinations frequented by our priority populations. Priority populations include historically marginalized communities; Black, Indigenous, and people of color; seniors; people with lower incomes; people with disabilities; immigrants and refugees; English language learners; youth; and veterans. There will be a focus on partnering with other agencies that support immigrants and refugees. CA Reviewed May 2020 Page 1 of 4 45 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: o Create new outreach opportunities tailored for the region to better serve South King County. Assist in ensuring the reduced fare ORCA options are included in all education and outreach opportunities. This can include partnering with Public Health/ORCA LIFT and utilizing King County Metro resources such as Neighborhood Pop-up and the reduced fare portal. o Engage with youth to encourage transit ridership with the new fare -free policies. o All events will be done in accordance with local health guidelines regarding in -person engagement. o Create individualized transportation/mobility plans during outreach that allow individuals to better utilize transportation in the community. o When technology is available, leverage the One-Call/One-Click platform to support multimodal trip planning and eligibility determination. • Collateral Creation: in partnership with Tukwila staff, develop collateral materials such as brochures and flyers to support transportation education. o Include a Social Media Toolkit that can be used for cross promotion and engagement. • Administer a simple transportation survey during in -person and virtual outreach. o Encourage survey completion at outreach events and perform any data entry for completed paper surveys. o Conduct follow up phone calls on transportation resources with reward program participants that do not provide an email address. Phone calls to be completed within 30 days of receiving the list from Tukwila staff. o Note: Tukwila staff is responsible for the survey creation and translation into top languages. • Distribute rewards/incentives (such as ORCA cards) to the South King County Community. This will be designed to help connect individuals with transit fare that best suits their needs. This includes connecting individuals to reduced fare options, reduced fare portal or an agency that can assist in enrolling them in the right transit fare. o ORCA Cards will be provided by the City of Tukwila. • Pilot additional programs as they arise including but not limited to Community Transportation Navigators and working with Hopelink's One-Call/One-Click Platform. • Participate in local stakeholder groups to share information and promote TDM practices. • Implement additional TDM approaches as appropriate. Deliverables This project will have the following deliverables: 46 CA Reviewed May 2020 Page 2 of 4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: • A mutually agreeable performance measurement plan, including the number of outreach events and number of customers served. • Monthly outreach tracking sheet with event list and metrics. • Quarterly status report due on the 15th of January, April, July and October that includes completed activities, summary of planned activities, and a description of issues, risks or challenges, and resolutions. • Final report of findings that includes: o S of plish., ents A list of partnering organizations Detailed lessons learned from the project Estimated number of outr ach events and customer interactions Qualitative customer feedback from end users and partner organizations Number of transportation surveys completed or facilitated Exhibit B — Costs and Payments: Payments Invoices shall be submitted at least quarterly by Hopelink, due on the 15th of January, April, July and October. Payments will fully reimburse Hopelink for costs associated with this project, as described in the budget below. Invoices shall be paid by the City within 30 days of receipt. Item Cost 1. Labor costs (including direct salary/wages and benefits at 0.45 FTE for 18 4 months) $50,000 $29,000 2. Programming Costs (program/office supplies, printing, translation, and mileage) $6,522 $4,000 3. Indirect (indirect allocations, rent, telephone, IT, misc.) at 15% $8,478 $5,000 TOTAL $65,000 000 All other provisions of the contract shall remain in full force and effect. CA Reviewed May 2020 Page 3 of 4 47 Dated this City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: day of , 20 CITY OF TUKWILA CONTRACTOR: Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Printed Name: Title: 48 CA Reviewed May 2020 Page 4 of 4 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 22-153 Council Approval N/A 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 Hopelink, hereinafter referred to as "the Contractor," whose principal office is located at P.O. Box 3577, Redmond WA 98073-3577. 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 $38,000.00. 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 January 1, 2023, and ending December 31, 2023, unless sooner terminated under the provisions hereinafter specified. 5. Inde endent 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. Page 1 of 1 1 49 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, agents, 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. 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. Contractors 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 S1,000,000 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 S2,000,000 each occurrence, S2,000,000 general aggregate and S2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an 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 equivalent coverage. 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 Page 2 of 11 50 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF 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. 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 Kee�ina and Re�ortlna. 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. Page 3 of 11 51 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF 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,Inational origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or 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. 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, WA 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'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. 17. General Compliance Assurance. The Contractor agrees to comply with all instructions as prescribed in the Regional Mobility Grants Program Guidebook, hereinafter referred to as "Guidebook", and any amendments thereto, which by this reference is fully incorporated herein. The Contractor agrees that the City, and/or any authorized City representative, shall have not only the right to monitor the compliance of the Contractor with respect to the provisions of this Agreement but also have the right to seek judicial enforcement with regard to any matter arising under this Agreement. 18. Assignments and Subcontracts. Unless otherwise authorized in advance and in writing by the City, the Contractor shall not assign any portion of the Project as outlined in Exhibit A or execute any contract, amendment, or change order Page 4 of 11 52 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement. 19. Reports. A. The Contractor shall prepare quarterly reports regarding services provided pursuant to this Agreement and other related information as prescribed in the Guidebook, and any amendments thereto, whichever is applicable, or as requested by the City. Due to Legislative and City reporting requirements, any required quarterly progress reports shall be submitted for the duration of the Agreement period regardless of whether the underlying funding sources have been exhausted. Post -grant annual performance reporting may also be required as prescribed in the aforementioned guidebook. Those reports include, but are not limited to: 1. Narrative Progress Report 2. Financial Status/Summaries of the Project. B. If the project is receiving Transit Coordination, Tier or Regional Mobility grant funds, in addition to the requirements from subsection A, the Contractor shall submit a mutually agreeable Performance Measurement Plan to the City. C. Remedies for Misuse or Noncompliance. If the City determines that the Project has been used in a manner different from Exhibit A of this Agreement, the City may direct the Contractor to repay the City the State funded share of the "Project Costs." The City may also withhold payments should it determine that the Contractor has failed to comply with any provision of this Agreement. 20. No Obligation by the City Government. No contract between the Contractor and its subcontractors shall create any obligation or liability for the City with regard to this Agreement without the City's specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof. 21. Personal Liability of Public Officers. No officer or employee of the City shall be personally liable for any acts or failure to act in connection with this Agreement, it being understood that in such matters they are acting solely as agents of the City. 22. Ethics. A. Relationships with Employees and Officers of the City. The Contractor shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of the City, nor shall Contractor knowingly rent or purchase any equipment and materials from any employee or officer of the City. B. Employment of Former City Employees. The Contractor hereby warrants that it shall not engage on a full-time, part-time, or other basis during the period of this Agreement, any professional or technical personnel who are, or have been, at any time during the period of this Agreement, in the employ of the City without written consent of the City. 23. Compliance with Laws and Regulations. The Contractor agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The Contractor will adhere to all of the nondiscrimination provisions in chapter 49.60 RCW. Except when a federal statute or regulation preempts state or local law, no provision of the Agreement shall require the Contractor to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. If any provision or compliance with any provision of this Agreement violate state or local law, or would require the Contractor to violate state or local law, the Contractor agrees to notify the City immediately in writing. Should this occur, the City and the Pages of 11 53 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF Contractor agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. 24. Environmental Requirements. The Contractor agrees to comply with all applicable requirements of chapter 43.21C RCW "State Environmental Policy Act" (SEPA). 25. Accountina Records. A. Project Accounts. The Contractor agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Contractor agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to the City upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program income. The Contractor agrees to support all allowable costs charged to the Project, including any approved services contributed by the Contractor or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Contractor also agrees to maintain accurate records of all program income derived from implementing the Project. 26. Audits, inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the performance period of the Project and for six (6) years thereafter, the Contractor agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as the City may require. Project closeout does not alter these recording and record -keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six -year period then the Contractor's obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The Contractor agrees to obtain any other audits required by the City at Contractor's expense. Project closeout will not alter the Contractor's audit responsibilities. C. Inspection. The Contractor agrees to permit the City and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. The Contractor agrees to require each third party to permit the City, and the State Auditor or their duly authorized representatives, to inspect all work, materials, payrolls, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project(s). 27. Labor Provisions. Overtime Requirements. No Contractor or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. Contractor will comply with all applicable provisions of Title 49 RCW, Labor Regulations. 28. Changed Conditions Affecting Performance. The Contractor hereby agrees to immediately notify the City of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this Agreement. 29. Termination. Page 6 of 11 54 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF A. Termination for Convenience. The City and/or the Contractor may suspend or terminate this Agreement, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other Party. The City and the Contractor shall agree upon the Agreement termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. However if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the City may terminate the award in its entirety. The Parties may terminate this Agreement for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. The City determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The Contractor is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of Inational defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The Contractor is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Contractor; or 5. The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project; 6. In the case of termination for convenience under subsections A. 1-5 above, the City shall reimburse the Contractor for all costs payable under this Agreement that the Contractor properly incurred prior to termination. The Contractor shall promptly submit its claim for reimbursement to the City. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. B. Termination for Default. The City may suspend or terminate this Agreement for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the Contractor, if the Contractor materially breaches or fails to perform any of the requirements of this Agreement, including: 1. Takes any action pertaining to this Agreement without the approval of the City, which under the procedures of this Agreement would have required the approval of the City; 2. Jeopardizes its ability to perform pursuant to this Agreement, United States of America laws, Washington state laws, or local governmental laws under which the Contractor operates; 3. Fails to make reasonable progress on the Project or other violation of this Agreement that endangers substantial performance of the Project; or 4. Fails to perform in the manner called for in this Agreement or fails, to comply with, or is in violation of, any provision of this Agreement. The City shall serve a notice of termination on the Contractor setting forth the manner in which the Contractor is in default hereunder. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the Contractor, such as a strike, fire or flood, the City may: (a) allow the Contractor to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. C. The City, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) business days, or such longer period as determined by the City, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is Page 7 of 11 55 DocuSign Envelope ID.° 721EIED710-51FIFIF-4951B-977A-IF2821E992D1B2IF permitted and other appropriate conditions. If the Contractor fails to remedy to the City's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, the City shall have the right to terminate this Agreement without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Agreement, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. E. If this Agreement is terminated before the specified end date set forth in the caption header, "Term of Agreement", the City and the Contractor shall execute an amendment to this Agreement identifying the termination date and the reason for termination. DATED this 2nd day of December , 20 22 CITY OF TUKWILA CONTRACTOR 8 Do 8m 108, 37228024 00:co 8ee,;(81o1:2(2002-4885:1871,4 NG Man Ekberg, Mayor 12-06-2022 ATTEST/AUTHENTICATED: eSognedmaSoamleoeDoco.com ehtedt- 0.67(elheAty Key: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: eSmnedmaSoarns.coln ae. qsaileK Office of the City Attorney By: r---DocuSigned by: ,attrr Geoff Crumptoo Printed Name and Title: 8990 154th Ave NE, Redmond, WA 98052 Address: Page 8 of 11 56 2023 Regional Mobility Grant Program Exhibit A — Scope of ork Activities and Services Hopelink will supplement and enhance the City of Tukwila's current Transportation Demand Management (TDM) Program by providing outreach across South King County including both in - person and virtual engagement, and partnership development. Several strategies for this project include: • Education & Outreach: provide travel options training for residents and transportation users in south King County, specifically in Tukwila, Burien, Des Moines, Kent, Renton, and SeaTac. o This programing will be designed to provide education and resources on sustainable transportation options, including but not limited to transit, active transportation, and ridesharing options. o Priority locations include multi -family housing, educational sites, low-income housing, senior/community centers, and other destinations frequented by our priority populations. Priority populations include historically marginalized communities; Black, Indigenous, and people of color; seniors; people with lower incomes; people with disabilities; immigrants and refugees; English language learners; youth; and veterans. There will be a focus on partnering with other agencies that support immigrants and refugees. o Create new outreach opportunities tailored for the region to better serve South King County. Assist in ensuring the reduced fare ORCA options are included in all education and outreach opportunities. This can include partnering with Public Health/ORCA LIFT and utilizing King County Metro resources such as Neighborhood Pop-up and the reduced fare portal. o Engage with youth to encourage transit ridership with the new fare -free policies. o All events will be done in accordance with local health guidelines regarding in - person engagement. o Create individualized transportation/mobility plans during outreach that allow individuals to better utilize transportation in the community. o When technology is available, leverage the One-Call/One-Click platform to support multimodal trip planning and eligibility determination. Collateral Creation: in partnership with Tukwila staff, develop collateral materials such as brochures and flyers to support transportation education. Page 9 of 11 57 o Include a Social Media Toolkit that can be used for cross promotion and engagement. Administer a simple transportation survey during in -person and virtual outreach. o Encourage survey completion at outreach events and perform any data entry for completed paper surveys. o Conduct follow up phone calls on transportation resources with reward program participants that do not provide an email address. o Note: Tukwila staff is responsible for the survey creation and translation into top languages. Distribute rewards/incentives (such as ORCA cards) to the South King County Community. This will be designed to help connect individuals with transit fare that best suits their needs. This includes connecting individuals to reduced fare options, reduced fare portal or an agency that can assist in enrolling them in the right transit fare. o ORCA Cards will be provided by the City of Tukwila. Pilot additional programs as they arise including but not limited to Community Transportation Navigators and working with Hopelink's One-Call/One-Click Platform. Participate in local stakeholder groups to share information and promote TDM practices. Implement additional TDM approaches as appropriate. Deliverables This project will have the following deliverables: • A mutually agreeable performance measurement plan, including the number of outreach events and number of customers served. • Monthly outreach tracking sheet with event list and metrics. • Quarterly status report that includes completed activities, summary of planned activities, and a description of issues, risks or challenges, and resolutions. • Final report of findings that includes: o Summary of accomplishments o A list of partnering organizations o Detailed lessons learned from the project o Estimated number of outreach events and customer interactions o Qualitative customer feedback from end -users and partner organizations o Number of transportation surveys completed or facilitated Page 10 of 11 58 2021-2022 Regional Mobility Grant Program Exhibit B — Costs and Payments Payments Invoices shall be submitted at least quarterly by Hopelink. Payments will fully reimburse Hopelink for costs associated with this project, as described in the budget below. Invoices shall be paid by the City within 30 days of receipt. Item Cost 1. Labor costs (including direct salary/wages and benefits at 0.30 FTE and .10 FTE for 13 months) $29 000 2. Programming Costs (program/office supplies, printing, translation, and mileage) $4 000 3. Indirect (indirect allocations, rent, telephone, IT, misc.) at 15% $5 000 TOTAL $38,000 Page 11 of 11 59 60 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes November20, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey, Seong Kim, Alison Turner I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Valley View Sewer District Franchise Agreement Staff is seeking approval of a Franchise Agreement with Valley View Sewer District, which is the last significant water/sewer utility without a completed agreement. Committee Recommendation Unanimous approval. Forward to November 27, 2023 Committee of the Whole. B. Consultant Agreement: Local Road Safety Plan Staff is seeking approval of an agreement with Fehr & Peers in the amount of $249,705 for engineering services in conjunction with a Local Road Safety Plan for use in the Transportation Element of the Comprehensive Plan. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. C. Consultant Agreement: Southcenter Boulevard/65t" Avenue South Signal Staff is seeking approval of an agreement with KPG-Psomas in the amount of $199,721 to provide signal design and engineering services for the project. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. D. Agreement: Transportation Demand Management Outreach Services Staff is seeking approval to amend the TDM outreach service contract with Hopelink to * extend it through June 30, 2025 and add $165,000 to the budget for the time extension. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. The meeting adjourned at 6:19 p.m. TS Committee Chair Approval Minutes by LH 61 62 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/04/23 JR ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 12/04/23 AGENDA ITEM TITLE 2024 Design Annual Overlay Program - Engineering Services Contract Consultant Selection and Agreement CATEGORY ❑ Discussion Mtg Date Motion Date 12/04/23 ❑ Resolution Altg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire TS P&R ❑Police Pr ❑Court SPONSOR'S A Request for Proposal was issued in June and two proposals were submitted. Interviews SUMMARY were conducted at the end of July and early August, with staff ultimately selecting Fehr & Peers as the best qualified for this effort. The Council is being asked to approve the contract with Fehr & Peers in the amount of $249,705. REVIEWED BY r Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dcv. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. 11/20/23 COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $249,705 $250,000 $0.00 Fund Source: GRANT AND CITY MATCH Comments: 2024 CIP page 17 MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated 11/17/23 2024 CIP page 17 Consultant Agreement Scope of Work and Fee Proposal Minutes from Transportation and Infrastructure Committee meeting of 11/20/23 63 64 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: Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: November 3, 2023 SUBJECT: Local Road Safety Plan Portion of the Transportation Element Project No. 72010405 Consultant Selection and Award ISSUE Execute an agreement with Fehr & Peers to provide engineering services in conjunction with developing a Local Road Safety Plan to incorporate into the 2024 update to the Transportation Element of the City's Comprehensive Plan. BACKGROUND In March of this year, the City accepted a grant through the Safe Streets For All (SS4A) program for the development of a Local Road Safety Plan (LRSP). The grant award was for $200,000 with a City match of $50,000. When originally scoping for the Transportation Element Update, staff had indicated intent to include development of a LRSP as part of the work. Having an adopted LRSP is becoming a requirement for some of the grants the City normally applies to, and getting funding through the SS4A program opens the City up to additional grant sources. Because this work is funded through a federal program, staff was required to go out for a competitive selection process to hire a consultant. DISCUSSION A Request for Proposal was issued in June and two proposals were submitted. Interviews were conducted at the end of July and early August, with staff ultimately selecting Fehr & Peers as the best qualified for this effort. After negotiating the scope and fee, and ensuring this work effort was closely connected with the work underway, and new supplemental agreement being presented, the attached scope and fee was created. FINANCIAL IMPACT The scope and fee of this project is within the available budget. Proposal Budget SS4A Grant $200,000 Local Road Safety Plan $249,705 City Match 50,000 Total $249,705 Total $250,000 RECOMMENDATION The Council is being asked to approve the contract with Fehr & Peers in the amount of $249,705 and consider this item on the Consent Agenda at the November 13, 2023 Special Meeting. ATTACHMENTS • CIP Page 17 • Consultant Agreement • Scope of Work and Fee Proposal 65 66 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Transportation Element of Comprehensive Plan Project No. 72010405 DESCRIPTION: Update Transportation Element of the Comprehensive Plan to include updated traffic model and street network plan. JUSTIFICATION: Growth Management Act transportation concurrency and traffic impact mitigations need updated traffic and capital planning. Adoption by 2024 required by Community Trade and Economic Development (CTED). Update every 8 years. Transportation Element will be coordinated with updates to Comprehensive Plan STATUS: by the Department of Community Development. Next update is scheduled for 2024. (Updated with extended time due to COVID impacts) MAINT. IMPACT: None. COMMENT: An update to the Transit Plan and incorporation of the Walk and Roll Plan (non -motorized) are included in the Transportation Element of the Comp Plan update. Also included is a Road Safety Plan. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 396 300 650 1,346 Land (R/W) 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 0 396 300 0 0 0 0 0 650 1,346 FUND SOURCES Awarded Grant 0 Proposed SS4A Grant 240 240 Mitigation 0 Impact Fees 0 Concurrency Fees 0 396 60 0 0 0 0 0 650 1,106 TOTAL SOURCES 0 396 300 0 0 0 0 0 650 1,346 2023 - 2028 Capital Improvement Program ® ,M 17 67 68 nCity 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 Fehr & Peers, 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 Planning and Engineering services in connection with the project titled Local Road Safety Plan. 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 execution and ending December 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 December 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 $249,705 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. 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 ("Work Product") shall be the property of the City whether the project for which they are made is executed or not. However, notwithstanding the foregoing, and any provision to the contrary herein, intellectual property owned or created by any third party other than the Consultant, its subcontractors, or the City ("Third -Party Content"), and inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, 69 gathered, compiled or produced by the Consultant or its subcontractors prior to or independently of their performance of this Agreement ("Background IP"), including such Third - Party Content or Background IP that the Consultant or its subcontractors may employ in its performance of this Agreement, or may incorporate into any part of the Work Product, shall not be the property of the City. Consultant, or its subcontractors as applicable, shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all such Background IP. The Consultant and its subcontractors as applicable, grant the City an irrevocable, non-exclusive, non -transferable, royalty -free license in perpetuity to use, reproduce, prepare derivative works based upon, distribute, disclose, derive from, perform, and display, such Background IP, but only as an inseparable part of, and only for the purpose intended by creation of, the Work Product. In the event the Work Product contains, or incorporates any Third -Party Content, or derivative work based on such Third -Party Content, or any compilation that includes such Third -Party Content, the Consultant shall secure all licenses to any such Third -Party Content, but only as an inseparable part of the Work Product, where such licenses are necessary for the City to utilize and enjoy the Consultant's services and the Work Product for their intended purposes. Any use of the Consultant's Work Product for any other project or purpose not authorized in writing by the Consultant, any changes to the Work Product made by anyone other than the Consultant, and any use of incomplete Work Product shall be at the City's or any other user's sole risk, and the Consultant shall bear no liability for any such unauthorized use, reuse, or modifications to the Work Product._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 reasonable attorney fees, arising out of or resulting from the Consultant's intentional misconduct and 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. CA revised May 2020 70 Page 2 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. 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 CA revised May 2020 Page 3 71 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. 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. In the event of termination of this Agreement, the City shall pay the Consultant for all services performed by the Consultant in accordance with this Agreement to the date of termination. 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. CA revised May 2020 72 Page 4 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: Chris Breiland Fehr & Peers 601 Union St, Suite 3525 Seattle, WA 98101 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. CA revised May 2020 Page 5 73 DATED this day of , 20 CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONSULTANT: By: Printed Name: Title: CA revised May 2020 74 Page 6 FEHR' PEERS Date: October 2, 2023 To: Cyndy Knighton; City of Tukwila From: Taylor Whitaker, Chris Breiland; Fehr & Peers Subject: Scope for Tukwila LRSP The purpose of the Local Road Safety Plan (LRSP) is to address the needs of all road users and Tukwila's most vulnerable travelers, by not only addressing the challenges present at known hot spots, but also anticipating future concerns through proactive safety planning. Tasks will include educating stakeholders on the Safe System Approach, collecting input on proposed mitigation and prioritization using an equity lens, and translating this input into recommendations. The end result will be a Tukwila LRSP that qualifies as an action plan for the U.S. DOT Safe Streets and Roads For All (SS4A) program. Task 1: Project Management To facilitate close communication with the City team, the Fehr & Peers team (henceforth known as Consultant) will host a one hour virtual kick off meeting to review scope, schedule, and budget and discuss key priorities for this project. Tasks 1.1: Project Kick Off Meeting The Consultant will convene and facilitate a kick-off meeting with City staff to: • Review and confirm the goals, scope, schedule and budget for the project. • Define the roles and responsibilities of consultant team members. • Define administration and project management expectations (communication protocol, regular meetings with City project manager, monthly progress reporting, project completion schedule, invoicing). • Request key data for base mapping and safety analysis. The kick-off meeting will also ensure that key team members emerge with a shared understanding of expectations and study objectives. The Consultant will prepare a draft agenda for the meeting and a meeting summary with follow-up items from the meeting. Task 1.2 Project Management and Coordination The Consultant will work with the City's project manager to schedule and host twice -monthly half hour check -in coordination calls over the course of this 11-month process to foster frequent 75 City of Tukwila October 2, 2023 Page 2 of 9 01 communication on emerging project needs and ensure the project scope, schedule, and budget are effectively managed. For efficiency, these could be combined or held back-to-back with the Transportation Element Update meetings. The Consultant will prepare agendas for all meetings and propose maintaining a shared document (e.g., Sharepoint, OneDrive, Google Docs) for ongoing coordination meeting notes that can be easily referenced by all parties. Throughout the project, the Consultant will produce and maintain a project schedule confirming meetings, project deliverables, and review deadlines. Monthly progress reports will be provided with each invoice outlining tasks accomplished and deliverables provided in the monthly billing cycle. This scope also includes 'direct costs' which covers project overhead costs such as printing, data communications, travel, and other expenses necessary to successfully implement the project. Task 1.3 Coordination with Transportation Element Update and Assessment of Policies, Plans and Guidelines The Consultant will coordinate internal check -ins on the Transportation Element to include members of the LRSP team to ensure we are in step throughout the process. This close coordination will result in leveraging materials developed for the Transportation Element, which will result in less investment of the City's limited resources. Deliverables: • One -hour virtual kick off meeting • Agendas and other materials for the vision statement workshop, which may include handouts, figures, maps, PowerPoint presentations, notes and meeting summaries, etc. • Twice -monthly check in coordination calls • Monthly progress reports Assumptions: • City staff will also advise on whether the meeting should be virtual. Task 2: Safety Data Analysis The Consultant will obtain the most recent five -years worth of collision data from WSDOT for the City of Tukwila. The collision data will be reviewed and cleaned (clearly identifying missing data, correcting inconsistencies in data entry, etc.) before it is loaded into a GIS database. The GIS database will allow the City to quickly filter crashes based on location, crash type (rearend, broadside, turning vehicle/ bicycle, etc.), mode of transportation involved, severity (fatality, serious injury, other), and contributing factor. 76 City of Tukwila October 2, 2023 Page 3 of 9 Task 2.1 Existing Conditions Analysis 01 Once the data is in GIS format, the Consultant will analyze all fatal and serious crashes and look for trends to determine risk factors. Specifically, the consultant will investigate the traits of the parties involved, collision types (e.g., rear -end, broadside), preceding movements, unsafe behaviors, and other contributing factors like time of day, weather, distraction, or alcohol/ drug influence. The Consultant will also investigate trends in contextual variables (i.e. risk factors) such as roadway speeds, ADT, functional class, number of travel lanes, intersection traffic controls, the presence of pedestrian and bicycle facilities, and the types of nearby land uses. The Consultant will assess how these variables may affect the safety of roadway users, with a particular focus on pedestrians and cyclists. This will form the basis for the Risk Factor analysis described in Task 2.3. Task 2.2 Identification of Common Risk Factors The Consultant will build on the previous task by identifying common safety risk factors. WSDOT reports that to date, applicants have an average of six risk factors. Fehr & Peers will share its findings in a one -hour phone call with City staff. Task 2.3 Analyze Road Network for Common Risk Factors The Consultant will analyze the City's roadway network to determine where the common risk factors are present. (Note: WSDOT is flexible about how this analysis is conducted, though many jurisdictions perform this analysis on a corridor -by -corridor basis.) Fehr & Peers will flag high -risk locations as those with the greatest number of risk factors. This serves to identify those locations/corridors with high collision potential. Task 2.4 Equity Analysis The Consultant will identify the locations in Tukwila which are identified as disadvantaged using key economic and social characteristics identified in the Climate and Economic Justice Screening Tool or USDOT Equitable Transportation Community (ETC) Explorer. The analysis will be at the Census Block Group level. Fehr & Peers will overlay this data on the map of prioritized projects (see Task 4). Optional Task: Data Dashboard The Consultant can develop an online Safety Dashboard to convey an interactive map of safety data. Data filters could be provided so that the map(s) can display data by a specific jurisdiction, year, posted speed of roadway, roadway classification, traffic volumes, number of lanes, disadvantaged community status, crash severity and other spatial data to be determined in consultation with Tukwila staff, and based on data readily available. The data used in the creation of the Safety Dashboard will be the same data set used in Task 2. To help inform the overall design and content of the Safety Dashboard, the Consultant can provide examples of other 77 City of Tukwila October 2, 2023 Page 4 of 9 dashboards such that the desired elements can be identified and incorporated into the Safety Dashboard. Task 2 Deliverables: • Citywide collision database in GIS • Draft Existing Conditions Slide Deck, inclusive of work products developed in Tasks 2.1 through 2.3, for City Review • A map of the High -Risk Corridors by mode, a list of the prioritized corridors, and a geodatabase of the data. • Final Existing Conditions Slide Deck for inclusion in Draft LRSP • An equity analysis, narrative and graphics with descriptive population characteristics demonstrating the equity impact assessment of the proposed projects. • Data Dashboard, if chosen Task 2 Assumptions: • City will provide the Consultant with data needs for the Systemic analysis; Consultant to provide Data Needs Request Task 3: Community Engagement Stakeholder and community engagement are key elements in the development of a LRSP. These resources recommend involving stakeholders to address engineering solutions in the development and implementation of the plan. Community outreach is also a valuable component in developing a plan that is equitable, that supplements data with observations of those who travel the City each day, and that prioritizes investments in a way that aligns with City goals. Task 3.1 Community Engagement and Outreach Engagement Plan Like the Transportation Element, the Tukwila LRSP will be shaped by an inclusive engagement effort reflecting the full range of Tukwila residents, businesses, and visitors. Modeled on the outreach effort underway by the consultant for the Tukwila Transportation Element Update (TE), the LRSP team will look for opportunities to add safety engagement as part of other transportation or Comprehensive Plan outreach. The Consultant will identify which materials should be translated to best serve community conversations. This scope assumes translating three (3) one -page documents at key points in the plan development into 3 languages plus English: two fact sheet/flyers that will cover the beginning, middle, and end products; and one poster. Online materials will be supported by Google Translate options for engagement in multiple languages. If through the course of this outreach process, the 78 City of Tukwila October 2, 2023 Page 5 of 9 City identifies a need for live interpretation or additional translation of materials, the Consultant will develop a separate scope and fee to cover this additional effort. In -Person Engagement Tukwila is a diverse community with businesses and residents that reflect different ethnicities, cultures, and primary languages. Coordinating with Comprehensive Plan and TE outreach, the Consultant will work with the City on appropriate in -person engagement. Specifically the City/Consultant team will identify who, when, and where to meet to discuss transportation safety issues and project concepts Community Engagement Documentation The Consultant will create a brief memo that summarizes the outreach efforts that were conducted as part of this project, including a description of outreach events and meetings, communities of emphasis, and collected feedback. The deliverable for this task will be a draft and final public engagement summary. Task 3.2 Task Force Development The City of Tukwila will form a stakeholder Task Force, which will include a combination of Tukwila staff, other agencies, key stakeholders, and residents that are interested in addressing and improving safety in Tukwila. The Consultant will lead up to three meetings of the stakeholder group to inform and discuss community priorities for transportation safety, confirm key corridors and safety countermeasures, and develop buy -in of the draft plan materials. The Consultant will coordinate with the City on what elements to incorporate into the Transportation Element. Task 3.3 Vision Statement Having a vision statement to commit to an eventual goal of zero fatalities and serious injuries will be critical to securing grant funding through the SS4A program. To support the development of this vision statement, the Consultant will facilitate a two-hour remote workshop to develop this statement. The Consultant will present examples from other similarly situated communities that have successfully developed Vision Zero and Target Zero programs. Deliverables: • Pop-up materials including electronic copies of poster boards and PDF files of hand-outs • Foam -core or similar reusable backer boards • Public engagement strategy plan and Fact sheet, translations and online materials. • Draft and Final community engagement memo • Agendas and other materials for the Task Force meetings, which may include handouts, figures, maps, PowerPoint presentations, notes and meeting summaries, etc. 79 City of Tukwila October 2, 2023 Page 6 of 9 • Up to four meetings will be held, including one workshop to develop a Vision Statement goal. If additional meetings are requested by City staff the Consultant will put a separate scope together on a cost and materials basis. • The Vison Statement workshop will last two hours, other meetings are anticipated to last one and a half hours long. • The Consultant team will prepare all materials for the Vision Statement workshop and Task Force meetings. • City staff will be responsible for recruiting Task Force members, identifying a meeting space, and confirming participation. • Up to three members of the Consultant team will be present at three meetings and one workshop. • An equity analysis, narrative and graphics with descriptive population characteristics demonstrating the equity impact assessment of the proposed projects. Assumptions: • It is assumed that City staff will determine the attendees invited to the Vision Statement workshop and the Task Force meetings. • The City will determine whether the full Task Force will participate in the Vision Statement workshop. • City staff will assist with staffing public outreach events • City staff will print any flyers or hand-outs and poster boards • The Final Public Engagement Report will respond to a single round of consolidated edits from City staff received on the Draft Public Engagement Report Task 4: Selection of Prioritized Projects From the subset of high-risk/high-collision corridors, the Consultant, in conjunction with City staff, will identify priority project locations. Task 4.1 Identify Priority Project Locations From the subset of high -risk corridors and processed collision data received from City staff, the Consultant, in conjunction with City staff, will support up to ten priority project locations consisting of hot spots, sub -corridors, or small zones. The project priority locations will include a mix of "quick build" projects that can be deployed quickly to address crashes and larger -scale projects that are more costly and complex to implement but can address more crashes or crashes that cannot be addressed through a quick build. This scope includes developing the priority project location list/map in a two-hour workshop with City staff. The Consultant will collaborate with City staff to identify a list of priority projects, which will be based on the results of the collision analysis, collision profile, community engagement, and systemic evaluation tasks. These locations may include a combination of hot spot locations, key collision corridors, and locations identified as having greater potential for future collisions 80 City of Tukwila October 2, 2023 Page 7 of 9 through the systemic evaluation. The Consultant will coordinate with the City on what elements to incorporate into the Transportation Element. Task 4.2 Identify Countermeasures to Address Prioritized Locations Based on the results of the safety analyses from Tasks 1-4, the Consultant will work with the City and the Task Force to identify countermeasures (i.e., systemic and location -specific project elements) that are relevant to the City of Tukwila. This effort will focus on both proven countermeasures, including those identified by FHWA and NHTSA, as well as emerging trends and technologies that are showing early signs of promise. To be consistent with the Safe System approach countermeasures will focus on "Safer Roads," "Safer Speeds," and "Safer Road Users". Countermeasure identification will emphasize low- cost/high-impact countermeasures addressing top crash types identified in the safety analyses and can be deployed systemically throughout the city to prevent future fatal and serious injury crashes. Specific additional countermeasures will be identified for high crash locations as well. Speed's role in crash severity will be incorporated into recommended countermeasures/project concepts as will the needs of vulnerable road users, including people biking, driving (personal and commercial vehicles), walking, taking the bus, and using mobility devices. The Consultant will prepare a countermeasure matrix that summarizes countermeasures for top crash types, lists crash modification factors (where available), relevant application, Safe Systems metric addressed, relative cost. Upon review and confirmation of identified countermeasures by the City, the Consultant will identify locations for systemic countermeasure deployment and location -specific countermeasures, project elements, and cost estimates for a maximum of top 10 priority locations. Note that this task will not involve detailed design work, but project concepts will be identified in sufficient detail to develop planning -level cost estimates. Only one cost estimate per location is anticipated in the budget. Non -infrastructure countermeasures will also be identified and folded into implementation strategies developed in Task 4.3. The Consultant will coordinate with the City on what elements to incorporate into the Transportation Element. Task 4.3 Implementation Strategies and Tracking The Consultant will derive implementation strategies from previous tasks, including safety analyses, goal setting and performance measures, countermeasure identification, and Task Force and community engagement. Strategies will be based on the Safe Systems approach and may include new or modified policies, processes, and programs, in addition to infrastructure strategies identified in previous tasks. The goal for this task will be to identify actionable and realistic implementation strategies the City of Tukwila can achieve. The Consultant will develop an implementation matrix that will be broken into two distinct sections: one focused on potential safety infrastructure projects that position the City for WSDOT safety program funding, as well as supportive technologies, or studies, that could fall under demonstration activities under SS4A; and 81 City of Tukwila October 2, 2023 Page 8 of 9 the second section focused on policy, process, and programmatic strategies that will move Tukwila toward meeting SS4A objectives after plan adoption. The implementation matrix will list strategies in terms of anticipated impact and feature a brief description of the strategy, what Safe System element it supports, an assessment of fiscal and staff time resources necessary, timeframes (e.g., short-, medium-, long-term), roles and responsibilities both internal and external to the City, potential funding sources, and flag any potential for leveraging existing projects or programs. The Consultant will coordinate with the City on what elements to incorporate into the Transportation Element. Task 4.4 Performance Measures and Goals Identification Clear and agreed -upon goals and performance measures and targets will set the stage for successful implementation. Leveraging work prepared for similar communities, the Consultant will lead the task of establishing safety goals and performance measures that align with the goals. Goals will support a long-term vision goal of zero fatalities and serious injuries, in alignment with SS4A Action Plan requirements. It is envisioned that goals and performance measures/targets will be shaped by the Task Force, safety analyses, and the community engagement process. The Consultant will prepare draft list of safety plan goals and performance measures informed by feedback received from the safety analyses and community engagement. The Consultant will finalize goals and performance measures for the LRSP based on feedback from City staff. The Consultant will coordinate with the City on what elements to incorporate into the Transportation Element. Deliverables: • Identification of up to ten priority project locations in a list and map format • Countermeasure matrix as an Appendix • Location -based countermeasure Identification • Implementation Matrix • Draft and Final Goals and Performance Measures Task 5: Report Documentation The LRSP document is where all the previously completed efforts come together to document projects and strategies with measurable benefits for safety. We will deliver a high -quality LRSP that is effective and implementable to meet the City's objectives. Task 5.1 Draft LRSP I Comprehensive Safety Action Plan The Consultant will develop a draft plan based on the findings from work conducted under Task 1 through Task 4. The plan will be highly visual and graphical, with process graphics, detailed reasonable and actionable steps within means accessible to the City. 82 City of Tukwila October 2, 2023 Page 9 of 9 re II This task includes one round of review from the City to address comments. The Consultant will coordinate with the City on what elements to incorporate into the Transportation Element. Deliverables: • Draft Action Plan • Final Action Plan, part of which to be incorporated into the Transportation Element after coordination with the City Assumptions: • The Consultant will develop a final Plan to be published by the City. 00 Tukwila LRSP Fee Proposal 2-Oct-23 Fehr & Peers (Prime) Project Principal- Safety Outreach Project Manager in -Charge Expert Lead Planner/A Graphics Taylor Chris Erin Emily Alice Whifaknr Rrailan.l Farm icnn Allharf nalyst $195 $365 $325 $220 $150 $190 Labor Direct Total Hours Costs Toole Design (Subconsultant) Labor Direct Total Total Hours Costs Hours Total Costs Project Coordina tor $135 Michael Alex Duvall Hintze Project Lead Engineer $232 $156 Joanna Wang Analyst $145 Amish Tailor Planner $124 Tasks Task 1 - Project Mangement Task 1.1 Project Kick Off Meeting 1 1 1 1 4 $40 $970 1 1 $520 $750 5 $1,720 Task 1.2 Project Mangement and Coordination 36 16 4 4 4 64 $600 $15,480 11 8 8 27 $4,790 91 $20,270 Task 1.3 Coordination with Transportation Element Update and Assessment of Policies, Plans and Guidelines 16 4 8 8 2 38 $310 $8,120 0 $0 38 $8,120 Task 2 - Safety Data Analysis Task 2.1 Existing Conditions Analysis 16 2 48 16 5 87 $590 $15,355 0 $0 87 $15,355 Task 2.2 Identification of Common Risk Factors 16 2 4 36 I 4 62 $440 $11,530 0 $0 62 $11,530 Task 2.3 Analyze Road Network for Common Risk Factors 16 2 2 24 9 3 56 $410 $10,625 0 $10,625 Task 2.4 Equity Impact Analysis 4 8 1 13 $80 $2,195 $2,195 Optional Task: Data Dashboard 2 1 24 2 29 $190 $4,815 0 $0 29 $4,815 Task 3: Community Engagement I Task 3.1 Community Engagement and Outreach 12 2 16 24 16 4 74 $1,350 $15,120 6 8 14 $2,380 88 $17,500 Task 3.2 Task Force Development 16 2 20 8 8 3 57 $460 $11,835 0 $0 57 $11,835 Task 3.3 Vision Statement 8 4 8 4 2 26 $230 $5,880 2 2 $460 28 $6,340 Task 4: Selection of Prioritized Projects Task 4.1 Identify Priority Project Locations 24 2 4 48 5 83 $580 $15,165 8 8 12 8 36 $5,840 119 $21,005 Task 4.2 Identify Countermeasures to Address Prioritized Locations 10 2 2 14 2 30 $230 $5,930 30 160 20 210 $34,820 240 $40,750 Task 4.3 Implementation Strategies and Tracking 10 2 2 14 2 30 $230 $5,930 24 12 60 96 $14,880 126 $20,810 Task 4.4 Performance Measures and Goals Identification 12 2 4 26 3 47 $350 $9,025 8 8 $1,860 55 $10,885 Task 5: Report Documentation Task 5.1 Draft Plan 36 12 8 20 60 40 11 187 $1,460 $37,945 0 $0 187 $37,945 Task 5.2 Final Plan 12 2 18 8 3 43 $310 $8,005 0 $0 43 $8,005 Total for all Tasks 247 58 26 77 369 97 56 930 $7,860 $183,925 90 188 32 84 394 $520 $66,300 1,255 $249,705 Notes: This fee proposal is valid for a period of 90 days from the proposal submittal date. Actual billing rate at the time of service may vany depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded. Mileage is billed at the IRS rate plus 10% handling fee Rates and non -key staff are subject to change at any time, without notice, and within the total budget shown Approximate estimates for engagement direct costs: Social Pinpoint license ($750) Translation of one flyer/poster into 4 langauges ($600) 4 Print poster boards for engagement activities at $50 per board ($200) Other Direct Costs include reimbursable expenses such as mileage and communications City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes November 20, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey, Seong Kim, Alison Turner I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Valley View Sewer District Franchise Agreement Staff is seeking approval of a Franchise Agreement with Valley View Sewer District, which is the last significant water/sewer utility without a completed agreement. Committee Recommendation Unanimous approval. Forward to November 27, 2023 Committee of the Whole. B. Consultant Agreement: Local Road Safety Plan Staff is seeking approval of an agreement with Fehr & Peers in the amount of $249,705 for *engineering services in conjunction with a Local Road Safety Plan for use in the Transportation Element of the Comprehensive Plan. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. C. Consultant Agreement: Southcenter Boulevard/65t" Avenue South Signal Staff is seeking approval of an agreement with KPG-Psomas in the amount of $199,721 to provide signal design and engineering services for the project. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. D. Agreement: Transportation Demand Management Outreach Services Staff is seeking approval to amend the TDM outreach service contract with Hopelink to extend it through June 30, 2025 and add $165,000 to the budget for the time extension. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. The meeting adjourned at 6:19 p.m. TS Committee Chair Approval Minutes by LH 85 86 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/04/23 JR ITEM INFORMATION ITEM No. 5.G. STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 12/04/23 AGENDA ITEM TITLE Southcenter Consultant Boulevard/65th Avenue S Signal Selection and Award CATEGORY ❑ Discussion Mtg Date Motion Date 12/04/23 ❑ Resolution Altg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 11 Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD Finance ❑Fire TS P&R ❑Police Pr ❑Court SPONSOR'S KPG was requested under the existing NTCP On -Call contract to prepare a cost estimate for SUMMARY the construction of the 65th Ave S signal so that a current engineer's estimate could be used for the TIB grant application. Because of their familiarity with this project and the immediate area, KPG was selected to do the signal design work. Staff negotiated the attached scope and fee for this design work. The Council is being asked to approve the contract with KPG-Psomas in the amount of $199,721. REVIEWED BY r Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dcv. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. 11/20/23 COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $199,721 $200,000 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/4/23 MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated 11/17/23 2023-2027 CIP Consultant Agreement Scope of Work and Fee Proposal Minutes from Transportation and Infrastructure Committee meeting of 11/20/23 87 88 City of Tukwila Allan Ekberg, Mayor Public Works Department - Harr Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: November 17, 2023 SUBJECT: Southcenter Boulevard/65th Avenue S Signal Project No. 90310404 Consultant Selection and Award ISSUE Execute an agreement with KPG-Psomas (KPG) to provide signal design and engineering services in conjunction with the Southcenter Boulevard/65th Avenue S Signal project. BACKGROUND In 2016, a signal warrant analysis was completed at two intersections with Southcenter Boulevard: 65th Avenue S and 62nd Avenue S. While both intersections met the criteria for signalization, the recommendation was to prioritize the signal the intersection of 65th Avenue S. A signal at 65th Avenue S is anticipated to also regulate operations at 62nd Avenue S as well as the speeds along Southcenter Boulevard. In 2021, this project was added to the Traffic Impact Fee list. This past August, the City submitted a grant application to the Transportation Improvement Board (TIB) for construction of this proposed signal using a construction cost estimate prepared by KPG. Pedestrian safety improvements at this location were also identified in 2020 as a high priority for the Neighborhood Traffic Calming Program (NTCP) and was included in the Staff Top-10 Recommended NTCP Projects list. DISCUSSION KPG was requested under the existing NTCP On -Call contract to prepare a cost estimate for the construction of this signal so that a current engineer's estimate could be used for the TIB grant application. Because of their familiarity with this project and the immediate area, KPG was selected to do the signal design work. Staff negotiated the attached scope and fee for this design work. FINANCIAL IMPACT The scope and fee of this project is within the available budget. Proposal Consultant Agreement $199,721 2023-2027 C18 Budget 200,000 RECOMMENDATION The Council is being asked to approve the contract with KPG-Psomas in the amount of $199,721 and consider this item on the Consent Agenda at the December 4, 2023 Regular Meeting. ATTACHMENTS • Proposed CIP Page • Consultant Agreement 89 90 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Southcenter Blvd/65th Ave S Signal DESCRIPTION: Design and construct a traffic signal at the Southcenter Boulevard/65th Avenue S intersection. JUSTIFICATION: Signal warrants have been met. STATUS: New project for 2021-2026 CIP. MAINT. IMPACT: Ongoing annual maintenance. COMMENT: Project on Traffic Impact Fee list. Project No. 92110402 The intersection experiences significant delay for southbound left turn movements during the PM Peak Hour. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 100 100 200 Land (R/W) 0 Const. Mgmt. 212 212 Construction 970 970 TOTAL EXPENSES 0 0 100 1,282 0 0 0 0 0 1,382 FUND SOURCES Awarded Grant 0 Proposed Grant 782 782 Mitigation Actual 0 Traffic Impact Fees 100 500 600 City Oper. Revenue 0 0 0 0 0 0 0 0 0 0 TOTAL SOURCES 0 0 100 1,282 0 0 0 0 0 1,382 s 12:up...-- 110.,, Project Location :o )� I' '''' lb IN A., SMIN yik , UPO N 11, 4-4,4:11 iA . ai" ♦ 7,.„,,,4 s taa 0,ir est St m .� S, �♦i ♦� U m ♦♦ if /Ayr, "� I St'', S m w m 475 , ♦♦S 6a S t 52 St t so st fl f n / a \` 5�ay ' St � lt �, S 160 St r0 TukWll`a IGIS P� T' iia 2023 - 2028 Capital Improvement Program 91 92 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 J(PG Psomas 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 Design services in connection with the project titled 65th Ave S and Southcenter Blvd Intersection Improvement Project. 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 execution and ending _December 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 _December 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 _$199.721.00_ 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. 93 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 94 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 95 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: KPG Psomas Inc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 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. CA revised May 2020 96 Page 4 DATED this day of , 20 CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONSULTANT: By: Printed Name: Title: CA revised May 2020 Page 5 97 98 EXHIBIT A City of Tukwila 65th Ave S & Southcenter Blvd Intersection Improvement Project CIP #92110402 KPG Psomas, Inc. Scope of Work November 2023 INTRODUCTION A. PROJECT UNDERSTANDING: This intersection currently operates at LOS F for the SBLT movement, and has for many years. A signal warrant analysis was done in 2017, originally for the intersection of Southcenter Blvd and 62nd Avenue S, but given the close proximity of these intersections, bookmarked on either end by signalized intersections, signalization is warranted - and recommended - at 65th Avenue S. Doing so will: 1) Provide a safer crossing for pedestrians utilizing the King County Metro bus zone on the south side of Southcenter Blvd (the zone provides service for Rapid Ride F-Line and Rt 150). 2) Improve overall intersection operations. 3) Provide gaps in traffic to aid intersection operations at the 62nd Ave S intersection. 4) Aid in controlling existing high speeds on Southcenter Blvd. 5) Improve operation for the new Fire Station 52, located just north of the intersection, by providing signal override through Opticom for the firetrucks and aid cars. The following Scope of Work outlines the effort required to complete Plans, Specifications, and Estimates for intersection improvements and signal replacements at 65th Ave S and Southcenter Blvd site, including the following: • Right of way impacts are expected only on NW and NE corners of the intersections. • Curb radii geometry shall be maintained. • All curb ramps shall be updated to the lates ADA guidelines (no bulb outs), as needed. • New signal system. • Illumination system updates and modifications. B. ASSUMPTIONS: The following assumptions were made to establish a scope and budget for this project: • All work will take place within City of Tukwila Right -of -Way or dedicated easements. • The City will lead all necessary coordination efforts with WSDOT. The Consultant shall support the City by assisting with preparation of channelization plan and construction permit, if necessary and required by WSDOT. • No major impacts to existing storm, sewer and water main systems are expected. Utility improvements will be limited to stormwater infrastructure adjustments needed as a result of curb return radii revisions at the NE and NW corners. • No existing iron within the pavement restoration limits will be replaced (valve box, frame and grate, ring and cover). • No major grade revisions will occur within the intersection. Roadway centerline elevations will be established as needed to match existing grades at back of walk while maintaining a typical 2% City of Tukwila Page 1 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 99 EXHIBIT A to 3% cross slope and 0.5% longitudinal slope. The new sidewalk will be designed at approximately the existing sidewalk horizontal and vertical location. • No pavement restoration beyond trench restoration will occur. • Sidewalks, curb ramps, and driveways not meeting ADA requirement shall be replaced within the project limits. • Sidewalks, curb ramps, and driveways will be constructed with dense concrete. • Title Report(s) required for right of way delineation will be procured and identified by KPG Psomas. • SEPA will be required and will be developed by the Consultant and submitted by the City. • Neither stormwater quantity nor quality control will be required. Stormwater modeling will not be conducted and a Stormwater Site Plan will not be developed. • An Ecology Construction Stormwater General Permit will not be required. • No traffic analysis shall be required other than that required for signal timing. • Preemption through an Opticom system will be installed due to proximity to Fire Station. • There is no existing ITS system at the intersection. • Channelization shall match existing, except for turn lane modifications. • The City will be responsible for all permits and fees. • The City will be responsible for all public involvement and coordination. KPG Psomas will participate in in up to two meetings as requested by City staff. • Project -specific Traffic Control Plans will not be developed under this Scope of Work. Typical City of Tukwila or WSDOT standard traffic control plans will be referenced or included as an appendix in the Contract Documents. • Vegetation restoration shall match existing. • Irrigation will not be installed. • This project is not federally funded nor does the City plan on acquiring federal funds for this project. • This Scope of Work has been developed assuming TIB funding will be acquired. • Lateral Soils Bearing Pressure for existing soils will be at or above 1,000 pcf and structural engineering will not be needed for pole foundation design. C. INFORMATION PROVIDED BY THE CITY: The City of Tukwila will provide the following in aid of design: • Submittal reviews, comments, and approvals. • Existing City utility record drawings or GIS. • TIB Funding Agreement. The following Scope of Work describes the effort required to complete the above -described improvements: City of Tukwila Page 2 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 100 EXHIBIT A SCOPE OF WORK Task 1— Management/Coordination/Administration This task covers the effort required to manage the contract and to ensure that the project meets the client's expectations for schedule, budget, and quality of product. This Scope of Work assumes a 12-month contract duration (including Engineering Support During Bidding): 1.1 KPG Psomas will provide continuous project coordination and internal management for the project duration (estimate 12 months). 1.2 KPG Psomas will prepare monthly progress reports identifying work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. 1.3 KPG Psomas will prepare for and attend coordination/progress meetings with City staff at regular intervals during the project to discuss key issues and track progress (estimate 4 meetings). Additionally, conference calls will be scheduled to discuss key issues with the City as needed. 1.4 KPG Psomas will provide a Project Schedule and updates at regular intervals to keep City staff informed of progress and submittal dates. 1.5 KPG Psomas will provide support for coordination efforts with WSDOT for up to three coordination meetings and two deliverables, if necessary (Channelization Plan and Construction Permit). Deliverables: • Monthly invoices (12 months) • Monthly progress reports (12 months) • Meeting notes for Consultant/City Meeting • Project Schedule and up to three (3) updates • WSDOT Coordination Support, up to three (3) meetings and two deliverables. Task 2 — Right of Way and Survey Base Mapping Effort under this task includes the anticipated work necessary to develop a base map and establish right of way. Approximate survey limits will be as follows: • From curb return, 150 feet north on 65th Ave S. Detailed survey will be conducted to 5 feet beyond back of walk. • From curb return, 150 feet east on Southcenter Blvd. Detailed survey will be conducted to 5 feet beyond back of walk. • From curb return, 150 feet west on Southcenter Blvd. Detailed survey will be conducted to 5 feet beyond back of walk. • 300 linear feet along the south side of the roadway, including 10 feet south of barrier along southside of roadway, including the king county metro rapid ride station. • Underground utility locates marks Actual survey limits may be adjusted prior to field survey based on the project extents figure provided by City of Tukwila. City of Tukwila Page 3 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 101 EXHIBIT A It is anticipated that the following effort will be required: 2.1 Survey Control: Existing monuments and property markers will be located and horizontal and vertical control will be set, which will be used for mapping and control during construction. 2.2 Detailed Topographic Mapping: Includes the locations of all above ground surface features including curbs, pavement edges, pavement markings, utilities, trees, fences, mailboxes street signs, utility poles sidewalks, top and toe of slopes, water meters, clean -outs etc. Survey full roadway width plus additional survey behind the back of proposed walk. Measure downs and sketches will be provided for all storm and sewer structures within the detailed mapping area as defined above. 2.3 Right of way: Right of way will be defined using existing street monumentation and their relationship to public records. Lot lines will be established using GIS data, if needed. This includes adjoining side streets where the design is proposed. 2.4 Develop Base Map: The above information will be combined into a design base map prepared in AutoCAD 2022 using KPG Psomas drafting standards. Deliverables: • Electronic base map showing existing right of way, utility locations, surface features, and contours at 1-foot intervals. Assumptions: • Base map will be prepared in AutoCAD 2022 using KPG Psomas drafting standards. • Survey datums will be NAD 83/2011 for horizontal and NAVD88 for vertical. • City utilities will be located by the City. • Property corners will not be set as part of this Scope. • Completing a Record of Survey is not included as part of this Scope. • Rights -of -Entry for survey will be acquired by the City, if necessary. Task 3 — Initial Design Concepts (10% Design) Effort under this task includes the anticipated work necessary to develop conceptual design for the 65th Ave S & Southcenter Blvd Intersection Improvements. The layout will be prepared on the topographic survey to present initial approach to the design and modified as required to meet City and project needs with the goal of arriving at preferred approach prior to proceeding to 50% design. 3.1 Provide field review of base map. 3.2 Prepare 10% scroll plots over base map aerial for the project utilizing the topographic survey. The 10% scroll plots are anticipated to show the following information for City input: • Extents of curb radii and its impacts • New ramps and ADA approach • Signal layout • Illumination layout 3.3 Design Meeting: Prepare for and attend a meeting with City staff to select design approach and layout that will be incorporated into the overall design. Deliverables: City of Tukwila Page 4 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 102 EXHIBIT A • Roll plot of planning level design approach (PDF & 1 hard copy of each). • Two (2) meetings with City to review the preliminary design features and utility impacts. • Meeting minutes Assumptions: • City staff present at project design review meetings will have the authority to make decisions and provide direction regarding critical project elements. • Individual plan sheets will not be provided for design options. Design options will be in the form of roll plots with improvements shown to scale. • Details such as profile locations of proposed utilities will not be shown. Task 4 — Progress Design (50% Design) Effort under this task includes the anticipated work necessary to complete the preliminary design for the 65th Ave S & Southcenter Blvd Intersection Improvements based on input provided during the 10% Review Meeting. The goal of this task is to formalize and further selected improvements developed as part of the 10% Initial Concepts phase. As part of this effort KPG Psomas shall: 4.1 Prepare 50% plans including any of the design options selected in the previous phase. The 50% plans are anticipated to show the following information and will be based on decisions made in the tasks above: • Horizontal alignment of curbs, sidewalks, and planter strips. • Horizontal locations and type of curb ramps. • Locations of driveway approaches. • Private utility impacts and pothole locations. • Impacts to private improvements inside and outside of existing right of way. • Signal and illumination equipment layout. • Right of way acquisition requirements. It is anticipated that the 50% Design Submittal will consist of the following Plan sheets: Title Number Cover Sheet 1 Key Map & Survey Control 1 Typical Sections and Details 1 Site Preparation and TESC (Plan/Plan) 20 scale 1 Alignment & Surfacing (Plan/ Profile) 20 scale 1 Curb Ramp (Plan) 10 scale 1 Signal and Illumination Plans (10 scale) and notes 2 Signing and Channelization Plans 20 scale 2 TOTAL 10 4.2 Preliminary Construction Cost Estimate: Prepare preliminary construction cost estimate for preferred option. 4.3 Illumination Design Report: KPG Psomas well develop a draft illumination design report for the intersection to support spacing of the luminaires. City of Tukwila 65`h Ave S & Southcenter Blvd Intersection Improvements November 2023 Page 5 103 EXHIBIT A 4.4 KPG Psomas will provide internal Quality Assurance/Quality Control (QA/QC) reviews of the 30% Submittal prior to submittal for City Review. 4.5 Deliver 50% Design: KPG Psomas will deliver the 50% Design Plans to City of Tukwila for review and comment. 4.6 Design Review Meeting: The purpose of this meeting is to conduct a working review of the 50% Plans and Estimate. The comments, discussion, and decisions from this meeting will be incorporated into the PS&E package to develop 90% Submittal Documents. Plans will be submitted for review 2 weeks prior to the meeting. Comments from will be delivered to KPG Psomas electronically and a review meeting will not be necessary. Any clarification needed will be requested by KPG Psomas via email or telephone. Deliverables: • One (1) Set half-size hard copy 50% Plans (11"x17" size PDF). • Construction Cost Estimate (PDF). • Internal QA/QC of submittal. • Draft Illumination Design Report • Minutes of Review Meeting. Assumptions: • City staff present at project design review meetings will have the authority to make decisions and provide direction regarding critical project elements. • Details such as profile locations of proposed utilities will not be shown. • The final curb and gutter location will be established after the 50% Review and will not be moved as a result of subsequent review comments. Task 5 — Signal Operations & Timing Plan The Consultant will develop a signal timing plan for the intersection using a Synchro traffic operations models and traffic count data. 5.1 Develop a Synchro (version 11) existing traffic operations models for the AM, midday, PM, and Saturday peak hours using the count data provided by the City. The model will include four the intersections at 61 st Avenue S/Southcenter Boulevard, 62nd Avenue S/Southcenter Boulevard (non -signalized), and 65th Avenue S/Southcenter Boulevard, and 66th Avenue S/Southcenter Boulevard. The model will be used to identify the optimal signal phasing and timing for the new signal at 65th Avenue S/Southcenter Boulevard for the existing AM, midday, PM, and Saturday peak hours based on existing traffic counts and the signal timing plans for the adjacent intersections. 5.2 Develop signal timing plans for up to six time -of -day periods. These periods may include the AM peak, midday, PM peak, off-peak, weekend, and weekend holiday. Deliverables: • Synchro files • Signal Timing Plan City of Tukwila Page 6 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 104 EXHIBIT A Assumptions: • The City will provide Traffic Counts for 61st Avenue S/Southcenter Boulevard, 62nd Avenue S/Southcenter Boulevard, and 65th Avenue S/Southcenter Boulevard, and 66th Avenue S/Southcenter Boulevard intersections. The data collection will include conduct AM weekday, midday weekday, PM weekday, and two Saturday peak 2-hour intersection turning movement counts (holiday season, non -holiday season) and one 7-day, 24-hour tube count on Southcenter Boulevard. • The City will provide recent signal timing plans for 61st Avenue S/Southcenter Boulevard and 66th Avenue S/Southcenter Boulevard. • Timing information will include intersection cycle length, pedestrian walk and clearance intervals, left turn phases, overlap phases, yellow intervals, and all -red timing. • The analysis will not evaluate changes to the phasing or timing for 61st Avenue S/Southcenter Boulevard and 66th Avenue S/Southcenter Boulevard. • Programming of the signal phasing and timing into the controller will be conducted by the City or others. With the activation of the signal, field adjustment of proposed signal timing parameters are expected to be necessary and will be conducted by others. Task 6 — Environmental Permitting and Cultural Resources Effort under this task includes developing a State Environmental Policy Act (SEPA) Checklist, including cultural resources support documents for the project. As the project is not receiving federal grant funding, and as no other federal nexus is present, federal permitting efforts are not included. 6.1 Prepare a draft and final project -specific Environmental Checklist to satisfy the SEPA. For purposes of this scope of services, KPG Psomas has assumed that the City will be the SEPA lead agency and that they will issue a SEPA determination consistent with their SEPA rules. At this time, it is reasonable to assume that no additional studies would be necessary to complete the SEPA documentation and that the SEPA determination will be a Determination of Non - Significance (DNS). The City will be responsible for processing and publishing the checklist and SEPA determination and responding to public and agency comments. Although the project is not subject to Executive Order 21-02, as no state capital funding is attached to the project, the City has responsibility to coordinate with affected Tribes. KPG Psomas cultural resources staff will review previous cultural resource surveys in the project vicinity as well as ethnographic records and relevant geological information, documenting findings in part of SEPA Checklist Question 13. KPG Psomas will also prepare an Inadvertent Discovery Plan for project construction, and the City's requirement for contractor adherence and the IDP will be discusses in the SEPA Checklist Question 13. Deliverables: • Draft SEPA Checklist (provided electronically in MSWord format). • Final SEPA Checklist — (provided electronically in Adobe PDF format and MSWord format) includes edits based on one round of review comments by the City. All comment/edits made to the Word document will be provided in track changes mode. City of Tukwila Page 7 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 105 EXHIBIT A • Draft and Final Inadvertent Discovery Plan (IDP) (provided electronically). Assumptions: • Except for preparation of the permit documents described above, this task does not include any additional permit or approval applications. • The City's analysis of the SEPA Checklist will result in a "Determination of Non -significance" (DNS) and the project will not require the preparation of an Environmental Impact Statement (EIS). • The City will be responsible for publication of the SEPA notice, including any publication fees. • KPG Psomas assumes that any technical document necessary for SEPA review outside the scope of this proposal will be provided by others. • The SEPA Checklist will be based on a design level of approximately 50 percent design. • The SOW assumes that no historic property inventory will be required, and no archaeological survey will be required; if either of these elements are determined to be necessary, a separate scope of work will be prepared. Task 7 — Utility Coordination The scope of this task includes coordination with private utility companies. Effort included under this task is as follows: 7.1 Prepare letters requesting utility record information and send to each purveyor. Cross-check franchise utility -provided maps with field survey information and resolve conflicts between utility maps and field conditions. 7.2 Develop a potential utility conflict figure and route to all affected purveyors. Utilities thought to be in conflict will be potholed. This plan will be developed between the 10 percent and the 50 percent submittals. 7.3 KPG Psomas will organize and attend up to 4 meetings with utility purveyors regarding existing utility location and possible relocation of utilities. Confirm that relocation designs are consistent and compatible with proposed improvements. 7.4 Coordinate utility appurtenance potholing, relocation, and/or adjustment as needed to accommodate proposed improvements. This effort also includes miscellaneous phone calls and emails with utilities during coordination. 7.5 Update base map to include utility information not picked up during field survey and to include pothole information, if applicable. 7.6 Coordinate with Puget Sound Energy (PSE) for point of connection and new service application for new Signal System. Deliverables • Up to (8) letters to private utility purveyors requesting record drawing information. • Utility Conflict Drawing showing locations of required utility potholes. • Utility Coordination Meeting Agendas and Minutes. • PSE new service application City of Tukwila Page 8 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 106 EXHIBIT A Assumptions • Eight (8) utility purveyor letters will be developed. • Two (2) Utility Coordination meetings will be held at the City. Up to four (4) meetings will be held onsite with individual utilities. • Potholing of both public and private utilities will be conducted by a private firm which will bill the pertinent purveyor directly. Potholes for City -owned utilities will be included in the KPG Psomas contract. It is assumed that 4 locations shall be potholed. • Utility record information and pothole data will be incorporated into the survey base map. • KPG Psomas will coordinate pole, vault, riser and other utility appurtenance relocation and/or adjustment as needed with franchise utilities to accommodate proposed improvements. • Franchise utility relocation design will be developed by the franchise utility. Survey for franchise utility relocation is not included in this Scope of Work. Task 8 — Final Design (90% and Final) This task includes the effort required to complete the final design, making the modifications requested in the design review process and comments received from the 50% review. Produce a set of 90% Contract Documents (design drawings and technical specifications) for City review and comment. City comments will be addressed and then stamped, Final Bid Documents will be submitted to both City of Tukwila and TIB for Bid Authorization. 8.1 Plans: The estimated sheet count for the 90% and Final design plans will consist of the following: Title Number Cover Sheet 1 Legend and Abbreviations 1 Key Map & Survey Control 1 Typical Sections and Details 2 Site Preparation and TESC (Plan/Plan) 20 scale 2 Alignment & Surfacing (Plan/ Profile) 20 scale 2 Curb Ramp (Plan) 10 scale 2 Signal and Illumination Plans (10 scale) and notes 2 Wiring Diagram 1 Pole Specifications Sheet 1 Signal and Illumination Details 1 Signing and Channelization Plans 20 scale 2 Landscape & Restoration (Plan/Plan) 20 scale 1 Landscape Schedule & Details 1 Existing Conditions & Pothole Plan (Plan/Plan, 20 scale) 1 City Standard Details 4 TOTAL 25 City of Tukwila 65`h Ave S & Southcenter Blvd Intersection Improvements November 2023 Page 9 107 EXHIBIT A • Plans will be prepared in such detail as to permit field layout and construction within a degree of accuracy acceptable to the City and in accordance with industry, City and WSDOT standards. • Typical sections and details shall be provided, except for items available such as standard details from the City, State or APWA drawings which will be included as sheets within the Plan set. • The Consultant will prepare specifications and submit for review at the 90% stage and submit final specifications with the Bid Documents. • The Consultant shall calculate quantities and prepare a construction cost estimate with each submittal and the Bid Documents. • The Consultant shall field review the project corridor to ensure plans are showing an accurate representation of the proposed improvements. 8.2 KPG Psomas will prepare and submit final illumination design report. 8.3 KPG Psomas will prepare 90% Specifications. 8.4 KPG Psomas will prepare 90% Cost estimate incorporating revisions from the City 50% review. 8.5 KPG Psomas will provide internal Quality Assurance/Quality Control (QA/QC) reviews of the 90% Submittal prior to submittal for City Review. 8.6 90% Design Review Meeting: The purpose of this meeting is to conduct a working review of the 90% PS&E. The comments, discussion, and decisions from this meeting will be incorporated into the PS&E package to develop the Final Bid Documents. Plans will be submitted for review 2 weeks prior to the meeting. The revised PS&E will be submitted to Ecology for review and comment. 8.7 Bid Ready Plans: The plans will be revised based on comments from the City review. 8.8 Bid Ready Specification: The specification will be revised based on City review. 8.9 Bid Ready Cost estimate: The Cost estimate will be revised to reflect changes requested from the 90% Plans and Specifications. 8.10 Bid Package QA/QC 8.11 Deliver Final Bid Documents to City and TIB for Bid Authorization. Deliverables: • 90% Review Submittal o Internal QC. o One (1) Set half-size hard copy and PDF 90% Plans (11"x17" Hardcopy & PDF). o 90% Draft Construction Specifications (PDF). o One (1) 90% Construction Cost Estimate (PDF). o Responses to the City 50% Comments (PDF). o Minutes of Review Meeting. • Final Submittal o Internal QC. o Submittal to Tukwila and TIB • 100% Plans (11"x17" PDF). • 100% Construction Specifications (PDF). City of Tukwila Page 10 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 108 EXHIBIT A • 100% Construction Cost Estimate (PDF). • Final Illumination Design Report • Submittal to City after TIB Bid Authorization o Bid Documents, including Plans, Specifications, and Estimate (PDF) o Five (5) Sets hard copy half-size Plans (11"x17" size) o One (1) set hard copy full-size Plans (22"x34" size) o Five (5) hard copy Specifications. o One (1) hard copy Estimate. Assumptions: • Project -specific Traffic Control plans will not be provided. Applicable Tukwila and/or WSDOT Traffic Control Plans will be provided in the Contract Documents as an appendix. • The Contract Legal, General, and Technical Specifications will be based on the 2024 WSDOT Standard Specifications for Road, Bridge and Municipal Construction. • The 90% Contract Documents will be reviewed in a single meeting with the City. Plans and Specifications will be submitted to the City 2 weeks before the review meeting. City Comments and redlines obtained during the review meetings will be incorporated to develop the 100% Submittal to City and TIB. Task 9 — Geotechnical Engineering Effort under this task includes the anticipated work necessary to perform testing in support of pole foundation and utility design. Specific Scope of Work elements are outlined in the below Geotechnical Engineering services. The purpose of our scope is to support the proposed improvements by providing subsurface information and recommendations for the new signal pole foundations. Subsurface exploration will include drilling up to two borings to a depth of approximately 20 feet below ground surface (BGS) near the proposed pole locations. Deliverables will include draft and final reports presenting our summary and recommendations. Our specific scope of services is summarized as follows: • Review available, existing preliminary plans and geotechnical, geological, and environmental reports for the immediate area. • Coordinate and manage the field exploration, including obtaining street -use right-of-way (ROW) and lane closure permits from the City. A street -use ROW application and ROW permit will be required as well as a proposed traffic control plan for the exploration location. • Explore the subsurface conditions by drilling up to two borings, one near each proposed pole location. Based on the existing topography and our experience in the area, subsurface conditions are expected to be similar across the intersection area. ■ The borings will be drilled to a depth of approximately 20 feet BGS with a small track- or trailer -mounted drill rig to minimize our footprint within the ROW. The borings will be drilled using hollow -stem auger techniques. Our representative will collect samples from the boring and log the subsurface conditions encountered. Samples will be collected via standard City of Tukwila Page 11 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 109 EXHIBIT A penetration test at approximately 2.5-foot intervals for the initial 10 feet and then at 5-foot intervals thereafter. • We anticipate that work hours will be restricted to daylight hours between 9 a.m. and 3 p.m. and that traffic control services, including three flaggers and a uniformed police office, will be required when working within the ROW and to route traffic around equipment. • A separate site visit will be necessary to mark the boring locations for the utility locate requests. A second visit will be necessary to verify that there are no utility conflicts at the proposed boring locations before drilling. We anticipate drilling the borings in one day. • Prepare a draft memorandum summarizing our findings, conclusions, and recommendations, including information related to the following: • Subsurface soil and groundwater conditions • Signal pole foundation design based on Chapter 17 of the Washington State Department of Transportation's Geotechnical Design Manual, M 46-03, "Foundation Design for Signals, Signs, Noise Barriers, Culverts, and Buildings" • Prepare a final memorandum that incorporates acceptable requested revisions. Deliverables: • Draft and Final Geotechnical recommendations for foundation design. Assumptions: • Geotechnical Borings will be conducted within the roadway between the hours of 9am and 3pm. • Full width pavement patching will not be required. The capital project will restore affected areas due to geotechnical borings. • Boring will be performed within City of Tukwila Right of Way. Task 10 — Right of Way Acquisition (if needed) ProgramX Right of Way Services has been selected to assist with right of way acquisition, if needed. A budget allowance is provided should small acquisitions be required for proposed improvements. KPG Psomas effort under this task is limited to the following: 10.1 KPG Psomas will review and provide comment on documentation developed by ProgramX. 10.2 KPG Psomas will prepare up to two legal descriptions and exhibit drawings to be used in acquisition documents. 10.3 KPG Psomas will place stakes showing approximate proposed right of way location in the field to help ProgramX during valuations negotiations. Deliverables: • Legal Descriptions and Exhibits for Right of Way — 2 Parcels City of Tukwila Page 12 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 110 EXHIBIT A • Field stakes showing proposed right of way acquisition. Assumptions: • Property corners will not be set as part of this Scope. • KPG Psomas will order title report for two (2) parcel as a reimbursable expense. • ProgramX will coordinate Right of Entry (ROE) with up to two property owners Task 11— Public Involvement Effort under this task includes work necessary to garner stakeholder feedback and to meet with property and business owners to discuss the project impacts to private property and impacts during construction. 11.1 Prepare for and attend three (3) meetings with business owners and King County Metro. The first meeting will be held after the 10% Review. Subsequent meetings will be held as needed as design progresses to discuss proposed improvement and impacts to private improvements. Deliverables: • Graphics, roll plots, boards, etc. for meetings. Assumptions: • City will send all mailers and public meeting notifications. • City will arrange meetings with adjacent stakeholders as requested. . • Up to two (2) KPG Psomas staff will be present during the meetings. • A formal presentation will not be required for the meetings. Task 12 — Engineering Support During Bidding 12.1 This task includes providing engineering support during bidding and construction as requested by the City PM. Effort under this task could include: • Preparation of addenda and Q&A responses during bidding. • Assistance in bid tabulation and award The actual assisting that will be needed during bidding and construction is unknown at this time, and therefore hours have been added to the Fee Estimate to reach an approximate $2,000 target. Effort beyond this amount will be scoped under a separate contract, or an amendment to this contract, if deemed necessary by the City. Other Services: The City may require additional services of the Consultant. These services may include assistance during the advertisement and award period, permit assistance, and/or construction management and inspection services. At the time these services are required, the Consultant shall provide the City with a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila Page 13 November 2023 65`h Ave S & Southcenter Blvd Intersection Improvements 111 112 KPG PSOMAS EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS (DRAFT) Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Tukwila 65th Ave S & Southcenter Blvd Intersection Improvements 9TUK010XXXX 11 /1 /2023 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Cornputions by Task To 2- 0 •L a Senior Engineer Project Engineer I I Project Engineer I Design Engineer I Senior Project Manager Survey Survey Crew II (W/Equip) Survey Crew I (W/Equip) Project Surveyor Surveyor III Senior Transportation Modeler Transportation Planner Landscape Technician Environmental Manager Managing Biologist I Senior Archaeologist GIS Manager Word Processor Senior CAD Technician Senior Admin $284.00 $214.00 $174.00 $148.00 $133.00 $250.00 $259.00 $204.00 $163.00 $136.00 $189.00 $113.00 $101.00 $218.00 $181.00 $167.00 $160.00 $118.00 $137.00 $133.00 Hours Totals Task 1 - Management / Corrdination / Administration 1.1 Internal Management & Coordination 4 2 8 14 $ 2,956.00 1.2 Monthly Progress Reports 2 6 8 $ 1,146.00 1.3 Progress Meetings 2 2 8 12 $ 2,388.00 1.4 Project Schedule & Updates 2 2 4 8 $ 1,692.00 1.5 WSDOT Coordination (if necessary) 4 2 24 30 $ 5,740.00 Task Total 12 8 46 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 72 $ 13,922.00 Task 2 - Survey Base Mapping 2.1 Survey Control 1 6 7 $ 1,804.00 2.2 Topographic Mapping 1 16 17 $ 3,514.00 2.3 Establish Right -of -Way 1 2 8 11 $ 2,072.00 2.4 Develop Basemap 1 24 25 $ 3,514.00 Task Total 0 0 0 0 0 4 8 16 8 24 0 0 0 0 0 0 0 0 0 0 60 $ 10,904.00 Task 3 - Initial Design Concepts (10%) 3.1 Field Meetings and Review of Base Map 4 2 4 4 14 $ 2,344.00 3.2 Prepare 10% Scroll Plots 4 2 8 16 4 34 $ 5,064.00 3.3 Design Meeting (Preliminary Layout) 2 2 2 2 8 $ 1,640.00 Task Total 2 10 6 14 16 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 56 $ 9,048.00 Task 4 - Progress Design (50% Design) 4.1 Prepare 50% Plans 10 4 20 72 8 114 $ 16,468.00 4.2 50% Construction Cost Estimate 2 4 4 8 18 $ 2,780.00 4.3 Draft Illumination Designs Report 2 12 14 $ 2,024.00 4.4 50% QA/QC Reviews 2 2 4 $ 916.00 4.5 Delivery of 50% Plans 6 6 $ 798.00 4.6 Design Review Meeting 2 2 4 $ 644.00 Task Total 2 14 12 26 92 0 0 0 0 0 0 0 0 0 0 0 0 0 8 6 160 $23,630 Task 5 - Signal Operations & Timing Plan 5.1 Develop Traffic Operations Models 4 16 20 $ 2,564.00 5.2 Develop Signal Timing Plan 16 24 40 $ 5,736.00 Task Total 0 0 0 0 0 0 0 0 0 0 20 40 0 0 0 0 0 0 0 0 60 $ 8,300.00 Task 6 - Environmental Permitting and Cultural Resources 6.1 SEPA Checklist and IDP 4 28 14 2 1 49 $ 8,716.00 Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 4 28 14 2 1 0 0 49 $ 8,716.00 Task 7 - Utility Coordination 7.1 Utility Request Letter 2 4 6 12 $ 1,738.00 7.2 Utility Conflict Map 2 4 6 $ 828.00 7.3 Utility Coordination and Meetings 2 8 12 22 $ 3,128.00 7.4 Potholing / Relocation Coordination 2 2 4 $ 644.00 7.5 Base Map Update 2 2 2 2 8 $ 1,242.00 7.6 SCL New Service Coordination 2 2 2 4 10 $ 1,936.00 Task Total 2 2 8 22 24 0 0 2 0 2 0 0 0 0 0 0 0 0 0 0 62 $ 9,516.00 W i v) Task 8 - Final Design (90% and Final) 8.1 90% Plans 24 4 36 80 6 8 6 164 $ 24,300.00 8.2 Final Illumination Design Report 2 4 6 $ 960.00 8.3 90% Specifications 4 4 4 2 14 $ 2,022.00 8.4 90% Construction Cost Estimate 2 2 2 8 14 $ 2,136.00 8.5 90% QA/QC 6 4 4 14 $ 3,256.00 8.6 90% Designs Review Meeting 2 2 2 2 2 10 $ 1,906.00 8.7 Bid Ready Plans 4 4 24 32 4 4 72 $ 10,296.00 8.8 Bid Ready Specifications 24 4 8 32 1 69 $ 11,373.00 8.9 Bid Ready Cobstruction Cost Estimate 2 2 2 4 10 $ 1,604.00 8.10 Bid QA/QC 6 4 4 14 $ 3,256.00 8.11 Delivery of Bid Documents 2 2 6 4 14 $ 1,974.00 Task Total 14 68 32 80 172 0 0 0 0 0 0 0 13 0 0 0 0 0 8 14 401 $ 63,083.00 Task 9 - Geotechnical Engineering 9.1 Geotechnical Engineering 0 $ - Task Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - Task 10 - Right of Way Acquisition 10.1 Review and Comment on Documentation by ProgramX 2 2 $ 568.00 10.2 Legal Description and Exhibits 8 8 16 $ 2,392.00 10.3 Field Staking for ROW 6 1 7 $ 1,690.00 Task Total 2 0 0 0 0 0 6 0 8 9 0 0 0 0 0 0 0 0 0 0 25 $ 4,650.00 Task 11 - Public Involvement 11.1 Prepare for and Attend Meetings 2 4 2 2 4 14 $ 2,230.00 Task Total 2 0 4 2 2 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 14 $ 2,230.00 Task 12 - Engineering Support During Bidding 12.1 Engineering Support During Bidding 2 4 4 10 $ 1,472.00 Task Total 0 0 2 4 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 $ 1,472.00 Total Labor Hours and Fee Total Labor Hours and Fee 36 102 110 148 310 4 14 18 16 35 20 40 17 4 28 14 2 1 24 26 969 $ 155,471.00 Subconsultants Utility Locate Service (Allowance) Potholing (Assuming 4 @ $2500) (Allowance) Geotechnical Engineering (Geodesign NV5) (Allowance) Right of Way Acquisition (ProgramX) (Allowance) $2,000 $10,000 $22,000 $10,000 Total Subconsultant Expense $44,000.00 Reimbursable Direct Non -Salary Costs Mileage $200 Reproduction Allowance $50 Total Reimbursable Expense $250 Total Estimated Budget $ 199,721.00 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes November 20, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: Hari Ponnekanti, Catrien de Boer, Cyndy Knighton, Laurel Humphrey, Seong Kim, Alison Turner I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Valley View Sewer District Franchise Agreement Staff is seeking approval of a Franchise Agreement with Valley View Sewer District, which is the last significant water/sewer utility without a completed agreement. Committee Recommendation Unanimous approval. Forward to November 27, 2023 Committee of the Whole. B. Consultant Agreement: Local Road Safety Plan Staff is seeking approval of an agreement with Fehr & Peers in the amount of $249,705 for engineering services in conjunction with a Local Road Safety Plan for use in the Transportation Element of the Comprehensive Plan. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. C. Consultant Agreement: Southcenter Boulevard/65t" Avenue South Signal Staff is seeking approval of an agreement with KPG-Psomas in the amount of $199,721 to *provide signal design and engineering services for the project. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. D. Agreement: Transportation Demand Management Outreach Services Staff is seeking approval to amend the TDM outreach service contract with Hopelink to extend it through June 30, 2025 and add $165,000 to the budget for the time extension. Committee Recommendation Unanimous approval. Forward to the December 4, 2023 Regular Consent Agenda. The meeting adjourned at 6:19 p.m. TS Committee Chair Approval Minutes by LH 115 116 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/4/23 CT ITEM INFORMATION ITEM No. 5.H. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 12/4/23 AGENDA ITEM TITLE Washington State Office of Public Defense 2024-2025 Grant Agreement CATEGORY ❑ Discussion Mtg Date Motion Mtg Date 12/4/23 Resolution Mtg Date ❑ Ordinance Mtg Date Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Council is being asked to authorize execution of the 2024-2025 Grant Agreement with the Washington State Office of Public Defense to receive grant funds in the amount of $75,000 REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/27/23 COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to 12/4/23 Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/4/23 MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated 11/2/23 WSOPD 2022-2023 Grant Agreement Minutes from the Community Services and Safety Committee meeting of 11/27/23 117 118 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: COMMUNITY SERVICES AND SAFETY COMMITTEE CC: Mayor Ekberg David Cline, City Administrator FROM: Cheryl Thompson, Executive Assistant DATE: November 2, 2023 SUBJECT: Office of Public Defense 2024-2025 Grant Agreement ISSUE The Washington State Office of Public Defense (WSOPD) has awarded the City of Tukwila grant funds in the amount of $75,000 for the Public Defense Program: $37,500 for 2024 and $37,500 for 2025. Council needs to approve execution of the grant agreement since the award exceeds the $40,000 threshold. BACKGROUND The City of Tukwila has applied for and received grant awards from the WSOPD since 2013. The grant awards for 2013 - 2017 were for one year and ranged from $22,000 - $25,600. Effective 2018 WSOPD transitioned to a two-year grant application and award process and the City has received awards for $85,000 for 2018-2019, $80,000 for 2020-2021 and $75,000 for 2022-2023. DISCUSSION On November 1, 2023 the City received notification that WSOPD has awarded the City $75,000 in grant funds for 2024-2025: $37,500 for each year. WSOPD has stipulated that the grant funds be used for the following: Increased compensation for public defense service providers; Reimbursement of training costs for public defense service providers; Investigator and/or expert services; Social worker services to assist public defense attorneys; and Interpreter services for attorney -client interviews and communications. The attached Grant Agreement must be signed and returned to WSOPD by December 29, 2023 to accept the award and receive the funds. The City agrees to utilize the grant funds as stipulated by WSOPD and to submit four written reports to WSOPD as outlined in the agreement. Past grant awards from WSOPD have allowed the City to translate our public defense forms into six different languages; to provide interpreter resources to public defense attorneys for attorney -client appointments; to contract with a private investigator for public defense cases; to contract with a social services case manager to assist public defense clients in obtaining social service; to reimburse public defense attorneys for training costs for participating in trainings approved by WSOPD and to increase compensation to public defense service providers to cover additional 119 INFORMATIONAL MEMO Page 2 services implemented due to the transition to virtual court hearings. These grant funds will allow the City to continue providing these services in 2024-2025. RECOMMENDATION The Committee is being asked to send this item to the consent agenda at the December 4, 2023 Special meeting. ATTACHMENTS 2024-2025 Grant Agreement 120 Grant Agreement No. GRT24046 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 2. Grantee Representative Cheryl Thompson Executive Coordinator 6200 Southcenter Blvd Tukwila, WA 98188 3. Office of Public Defense (OPD) 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 4. OPD Representative Geoffrey D. Hulsey Managing Attorney Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount $75,000.00 6. Grant Period January 1, 2024 through December 31, 2025 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive public defense services in Washington municipalities. grants for the purpose of improving the quality of (See Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on the date below to start January 1, 2024 and end December 31, 2025. The rights and obligations of both parties to this Grant are governed by this Grant Agreement and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of City Grant Agreement, and Exhibits A, B, C, and D. FOR THE GRANTEE FOR OPD Allan Ekberg, Mayor Geoffrey D. Hulsey, Managing Attorney Public Defense Improvement Program, OPD Date Date Grant Agreement GRT24046 Face Sheet Page 1 of 16 121 SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Grant. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Grant. b. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. GRANT AWARD AMOUNT The Grantee is awarded seventy-five thousand dollars and 00/100 Dollars ($75,000.00) to be used for the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount shall be disbursed to Grantee in January 2024 for intended use during calendar year 2024. The remaining one-half shall be disbursed to Grantee in January 2025 for intended use during calendar year 2025. The disbursement of any grant funds is subject to the availability of funding appropriated to OPD by the Washington State Legislature. 3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy County/City Use of State Public Defense Funding) a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Grant funds cannot be spent on purely city or court administrative functions or billing costs. c. Grant funds cannot be used for cost allocation. d. Grants funds cannot be used for indigency screening costs. e. Grant funds cannot be used for city or court technology systems or administrative equipment. f. Grant funds cannot be used for city attorney time, including advice on public defense contracting. 4. USE OF GRANT FUNDS a. Grantee agrees to use the grant funds for the following: i. Increased compensation for public defense service providers; ii. Reimbursement of training costs for public defense service providers; iii. Investigator and/or expert services; iv. Social worker services to assist public defense attorneys; v. Interpreter services for attorney -client interviews and communications. b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above. Permission issued by electronic mail shall be sufficient for purposes of identifying other uses of grant funds not listed in section a. c. Grantee understands that the first disbursement of funds will be in calendar year 2024, and the second disbursement of funds will be in calendar year 2025. Grantee agrees that all disbursed funds will be used by the end of calendar year 2025. If Grantee is unable to use the funds by the end of calendar year 2025, the Grantee agrees to notify OPD to determine what action needs to be taken. Grant Agreement GRT24046 Special Terms and Conditions Page 2 of 16 122 d. Grantee agrees to deposit the grant check within fourteen days of receipt. 5. OVERSIGHT a. Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD no later than June 1, 2024 using the template found in Exhibit A. The second report shall be submitted to OPD no later than December 1, 2024 using the template found in Exhibit B. The third report shall be submitted to OPD no later than June 1, 2025 using the template found in Exhibit C. The final report shall be submitted to OPD no later than December 1, 2025 using the template found in Exhibit D. Reports must be submitted along with the Grantee City's public defense attorneys' contracts, certifications of compliance, and other required documentation. b. Over the duration of the grant term, OPD may conduct site visits for purposes of addressing improvements to public defense and ensuring the use of grant funds for their specified purposes. At OPD's request, Grantee will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and city representatives. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes, regulations, and court rules • Special Terms and Conditions of the City Grant • General Terms and Conditions of the City Grant Grant Agreement GRT24046 Special Terms and Conditions Page 3 of 16 123 GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERCIANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 29 CFR Part 35. The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney's fees and costs. 6. CONFORMANCE If any provision of this Grant violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the State of Washington, OPD, all other agencies of the State and all officers, agents and employees of the State, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. Grant Agreement GRT24046 General Terms and Conditions Page 4 of 16 124 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. SUBJECT TO THE AVAILABILITY OF FUNDS Any full or partial allocation of funds under this Grant is subject to the appropriation of funds by the Washington Legislature to OPD. 17. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. Grant Agreement GRT24046 General Terms and Conditions Page 5 of 16 125 Exhibit A Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #1 All City grant recipients are required to submit a completed copy of this report, along with corresponding documentation, to the Washington State Office of Public Defense by June 1, 2024. City: Date Completed: Contact Name: Title: Mailing Address: Phone: Email Address: Section I: Public Defense Expenditures/Budget 1.1 In 2023, the city paid indigent defense expenses as follows: City Funds Chapter 10.101 RCW State Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Grant Agreement GRT24046 Exhibit A — Grant Report #1 — Due June 1, 2024 Page 6 of 16 126 1.2 For 2024, the city has budgeted indigent defense expenses as follows: City Funds Chapter 10.101 RCW State Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 1.3 What amount of the 2024 RCW 10.101 grant funds has been spent to date? $ Section II: Case Assignments 2.1 Provide the following data for the total number of public defense cases assignments in 2023: Fill in section 2.1(a) if the city has a public defender agency or contracts with a county public defender agency or non-profit public defense firm. Fill in section 2.1(b) for list appointments or contracts with private attorneys. a. Cities using public defender agencies. Number of cases assigned to public defender agency (not including conflict counsel): Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of full -time -equivalent public defenders: Average per -attorney caseload, if available: b. Cities using list appointments or contracts with private firms. Number of cases assigned to public defense attorneys: Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of attorneys with public defense contracts or on court's appointment list: Grant Agreement GRT24046 Exhibit A — Grant Report #1 — Due June 1, 2024 Page 7 of 16 127 Section III: Grant Funds 3.1 Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3.2 Description of How Grant Funds Have Been Used to Date: 3.3 Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable): 3.4 Description of Impact State Funds Have Had on Local Public Defense Services: Section IV: Attachments and Tables 4.1 If the city has public defense contracts, fill out the Table of Public Defense Contracts (Table I), and attach a copy of each current contract in alphabetical order by attorney name. Failure to provide current contracts could result in an incomplete report. 4.2 If the court appoints public defense attorneys from a list, provide the name of each attorney and the compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table II). 4.3 If the City has adopted any new public defense policies, ordinances, or resolutions within the last year, please attach them to this report. 4.4 Provide copies of attorneys' 2024 second quarter Certificates of Compliance. Grant Agreement GRT24046 Exhibit A— Grant Report #1 — Due June 1, 2024 Page 8 of 16 128 Table I: Public Defense Contracts and Subcontracts Currently in Effect (2024) Name of attorney/firm (If firm, please identify (1) the total number of attorney FTEs handling public defense cases, and (2) the name of each attorney handling public defense cases) Number of misdemeanor/ gross misdemeanor cases anticipated for the attorney/firm in 2024 Method and rate of payment (per case/per hour, etc.) Conflict cases only? Yes/No Grant Agreement GRT24046 Exhibit A — Grant Report #1— Due June 1, 2024 Page 9 of 16 129 Table II: List -Appointed Public Defense Attorneys (2024) Name of attorney/firm (If firm, please identify (1) the total number of attorney FTEs handling public defense cases, and (2) the name of each attorney handling public defense cases) Method and rate of payment (per case/per hour, etc.) Number of cases assigned Grant Agreement GRT24046 Exhibit A — Grant Report #1— Due June 1, 2024 Page 10 of 16 130 Exhibit B Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #2 All City grant recipients are required to submit a completed copy of this report to the Washington State Office of Public Defense by December 1, 2024. Failure to timely submit this report could delay disbursement of 2025 grant funds. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. As of the date of this report, the city has paid indigent defense expenses as follows in 2024: City Funds Chapter 10.101 RCW State Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Will all 2024 grant funds be expended by the end of the calendar year? Grant Agreement GRT24046 Exhibit B — Grant Report #2 — Due Dec. 1, 2024 Yes No Unsure Page 11 of 16 131 2. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3. Description of How Grant Funds Have Been Used in 2024: 4. Plans for 2025 Grant Funds: 5. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT24046 Exhibit B — Grant Report #2 — Due Dec. 1, 2024 Page 12 of 16 132 Exhibit C Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #3 All City grant recipients are required to submit a completed copy of this report, along with all public defense attorneys' 2025 quarterly Certificates of Compliance to the Washington State Office of Public Defense by June 1, 2025. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. For 2025, the city has budgeted indigent defense expenses as follows: City Funds Chapter 10.101 RCW State Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 2. What amount of the 2025 state grant funds has been spent to date? Grant Agreement GRT24046 Exhibit C — Grant Report #3 — Due June 1, 2025 $ Page 13 of 16 133 3. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions) 4. Description of How Grant Funds Have Been Used to Date: 5. Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable) 6. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT24046 Exhibit C — Grant Report #3 — Due June 1, 2025 Page 14 of 16 134 Exhibit D Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #4 All City grant recipients are required to submit a completed copy of this report to the Washington State Office of Public Defense by December 1, 2025. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. As of the date of this report, the city has paid indigent defense expenses as follows in 2025: City Funds Chapter 10.101 RCW State Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Will all 2025 grant funds be expended by the end of the calendar year? Yes No Unsure Grant Agreement GRT24046 Exhibit D — Grant Report #4 — Due December 1, 2025 Page 15 of 16 135 2. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3. Description of How Grant Funds Have Been Used in 2025: 4. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT24046 Exhibit D — Grant Report #4 — Due December 1, 2025 Page 16 of 16 136 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes November 27, 2023- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Mohamed Abdi; Thomas McLeod, Tosh Sharp David Cline, Pete Mayer, David Rosen, Kris Kelly, Jefri Peters, Eric Dreyer, Eric Lund, Rebecca Hixson Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: 2024-2025 Public Defense Program *Staff is seeking approval of a grant agreement with the Washington State Office of Public Defense in the two-year amount of $75,000 for the Public Defense Program. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. B. Ordinance: Avoiding an Intersection Staff presented the Council -requested ordinance that prohibits drivers from avoiding signaled intersections by cutting through parking lots or drives. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. C. Contract: Biological Evidence Preservation Staff is seeking approval of a contract with Auburn Mechanical in the amount of $48,629 to provide an adequate cooling system in the Police Department Evidence Room. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. D. Grant Acceptance: Tukwila Community Center HVAC Replacement Staff is seeking Council approval of a grant agreement with King County in the amount of $500,000 to be used toward the Tukwila Community Center HVAC Replacement Project. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Meeting. II. MISCELLANEOUS Councilmembers and staff discussed the policy encouraging local businesses to participate in the procurement process. The meeting adjourned at 5:55 p.m. MeeZ Committee Chair Approval Minutes by LH 137 138 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/04/23 TE ITEM INFORMATION ITEM No. 5.1. STAFF SPONSOR: JOEL BUSH ORIGINAL AGENDA DATE: 12/4/ 23 AGENDA ITEM TITLE ESRI Enterprise Agreement (EA) for GIS 2024-2025 CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/4 El Resolution Mtg Date El Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date El Other Mtg Date SPONSOR El Council El Mayor ® Admin Svcs El DCD El Finance El Fire El P&R El Police El PTV SPONSOR'S SUMMARY The City of Tukwila has realized substantial growth in areas of GIS during the past 6 years with the Enterprise Agreement from ESRI providing the backbone. The committee is being asked to consider the 2-year ESRI Enterprise Agreement in the amount of $62,536.80 (total amount for two years, currently allocated in TIS budget) and forward this item to the December 4, 2023 Regular Meeting Consent Agenda. REVIEWED BY El Trans&Infrastructure Svcs El Community Svcs/Safety ® Finance & Governance El Planning & Community Dev. ❑ LTAC ❑ Arts Comm. El Parks Comm. El Planning Comm. DATE: 11/27/23 COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Administrative Services - TIS COMMITTEE Unanimous approval; Forward to regular meeting consent agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $62,536.80 AMOUNT BUDGETED $62,536.80 APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/4/23 MTG. DATE ATTACHMENTS 12/04/23 Informational Memorandum dated 11/27/23 ESRI Enterprise Agreement - TukwilaSGEA2024_2025.pdf Minutes from the Finance & Safety Committee meeting of 11/27/23 139 140 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Safety Committee FROM: Joel Bush (TIS) BY: Tami Eberle -Harris, Roman Linsao CC: Mayor Ekberg DATE: November 27, 2023 SUBJECT: ESRI Enterprise Agreement (EA) for GIS 2024-2025 ISSUE ESRI Enterprise Agreement expiring on 01/15/2024. BACKGROUND The City of Tukwila has realized substantial growth in areas of GIS during the past 6 years with the Enterprise Agreement from ESRI providing the backbone. This proposal details the advantages of continuing the relationships and licensing for an additional two-year period. DISCUSSION The Council approved the purchase of a two-year Enterprise Agreement with ESRI at the end of 2017. In 2019 and 2021, the Council approved continuation of the relationship by approving additional two-year contracts. The current contract is set to expire January 15, 2024. During the past 6 years, GIS capabilities have been expanded and increased productivity has been realized. As staff members utilization of GIS increases, it is imperative that they have access to GIS resources, and that the tools are built to engage end -users in self-service functionality. The ESRI EA provides this capability. GIS improvements over the past several years include but are not limited to the following. There has been a cross -departmental concerted effort to digitize as-builts and provide transparency and visibility for staff both on a web map and in Laserfiche. The as -built viewer is available for staff use. It has improved the ability for staff to understand where infrastructure is located while in the field and has also been instrumental for public records requests. In conjunction with Puget Soundkeepers Alliance and the Duwamish River Basin Steward, Public Works used a Field Map App to complete a survey for legacy debris in the Duwamish River. They were able to navigate down the river in a kayak using a hand-held device and antennae. The data collected was then plotted on an online web map that will be converted to use for volunteers and/or contractors to locate and identify debris to be removed. The Department of Community Development is working with King Conservation and using a Field Map App to collect and update water course data. The GIS Portal is being utilized to review GIS asset data collected by an outside agency and seamlessly integrate the updates into Tukwila's GIS warehouse. 141 INFORMATIONAL MEMO Page 2 Analytics Reporting will soon be enhanced with an integration between Tukwila Works (See Click Fix) and ESRI mapping. Utilizing ESRI tools will allow the creation of a data driven Tukwila Equity Index, that can be a powerful means to measure, track, and close disparities, in addition to providing a clear picture of where investments can be prioritized. Multiple divisions throughout the city are managing their workload with GIS tightly integrated with the Enterprise Asset Management system (formerly Lucity). A Field Map application is being developed by Public Works that will provide the ability for water field crews to update GIS data while in the field. Dashboards and Storymap capabilities are available for use and allow users to author a web -based application that enables the ability to share maps in the context of narrative text in a user-friendly format. A dashboard is being created to visually show all CIP projects on a web map. Having the ESRI Enterprise Agreement in place has enhanced productivity and directly supports the businesses and residents of Tukwila. Providing the Enterprise License Agreement is continued, additional opportunities will be realized. FINANCIAL IMPACT The Enterprise Agreement includes uncapped quantities of Desktop software and developer tools, 10,000 online service credits, 100 user named licenses for ArcGISOnline, and multiple software extensions, in addition to online training for staff, and 2 seats to the ESRI conference. The cost shown in the attached quote covers the two-year period for the ELA in an amount not to exceed $62,536.80. The total amount over two -years is budgeted in the current TIS budget. RECOMMENDATION The committee is being asked to consider the 2-year ESRI Enterprise Agreement in the amount of $62,536.80 (total amount for two years, currently allocated in TIS budget) and forward this item to the December 4, 2023 Regular Meeting Consent Agenda. ATTACHMENTS TukwilaSG EA2024_2025. pdf 142 esri November 3, 2023 THE SCIENCE OF WHERE Tami Eberle -Harris City of Tukwila 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188-8549 Dear Tami, The Esri Small Municipal and County Government Enterprise Agreement (SGEA) is a two-year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, two-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA). An EA will provide your organization with numerous benefits including: • A lower cost per unit for licensed software • Substantially reduced administrative and procurement expenses • Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: • All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA. • If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. • The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. • The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. ■ The organization will provide an annual report of installed Esri software to Esri. ■ Esri software and updates that the organization is licensed to use will be automatically available for downloading. ■ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri's Small Municipal and County Government EA terms and conditions. 380 New York Street Redlands, California 92373-8100 USA 909.793.2853 info@esri.com esri.com 143 Small Government Enterprise Agreement ■ Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: 1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG -EA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Heather Glock 144 esri THE SCIENCE OF WHERE Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 10/26/2023 To: 1/24/2024 Quotation # Q-494364 Date: November 3, 2023 Customer # 135074 Contract # ENTERPRISE AGREEMENT City of Tukwila Information Technology Dept 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188-8549 ATTENTION: Tami Eberle -Harris PHONE: 2064337150 x1153 EMAIL: tami.harris@tukwilawa.gov Material Qty Term Unit Price Total 168177 1 Year 1 Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription 168177 1 Year 2 Populations of 0 to 25,000 Small Government Enterprise Agreement Annual Subscription $28,400.00 $28,400.00 $28,400.00 $28,400.00 Subtotal: Sales Tax: Estimated Shipping and Handling (2 Day Delivery): Contract Price Adjust: Total: Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. $56,800.00 $5,736.80 $0.00 $0.00 $62,536.80 For questions contact: Heather Glock Email: Phone: hglock@esri.com 909-793-2853 x8948 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. GLOCKH This offer is limited to the terms and conditions incorporated and attached herein. 145 esri THE SCIENCE OF WHERE Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: (909) 793-2853 DUNS Number: 06-313-4175 CAGE Code: OAMS3 Quotation # Q-494364 Date: November 3, 2023 Customer # 135074 Contract # ENTERPRISE AGREEMENT City of Tukwila Information Technology Dept 6300 Southcenter Blvd Ste 202 Tukwila, WA 98188-8549 To expedite your order, please attach a copy of ATTENTION: Tami Eberle -Harris this quotation to your purchase order. PHONE: 2064337150 x1153 Quote is valid from: 10/26/2023 To: 1/24/2024 EMAIL: tami.harris@tukwilawa.gov If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt, please contact me if exempt information is not currently on file with Esri. Signature of Authorized Representative Date Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Heather Glock Email: Phone: hglock@esri.com 909-793-2853 x8948 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA. 4I6)CKH This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # PO # Esri Agreement # 00325037.0 esri. S�FNc. OF WHERE' SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-1) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses 50 ArcGIS Online Viewers 50 ArcGIS Online Creators 10,000 ArcGIS Online Service Credits 50 ArcGIS Enterprise Creators 2 ArcGIS Insights in ArcGIS Enterprise 2 ArcGIS Insights in ArcGIS Online 5 ArcGIS Location Sharing User Type Extension (Online) 5 ArcGIS Location Sharing User Type Extension (Enterprise) 2 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 2 ArcGIS Utility Network User Type Extensions (Enterprise) 2 ArcGIS Trace Network User Type Extensions (Enterprise) OTHER BENEFITS Number of Esri User Conference registrations provided annually 2 Number of Tier 1 Help Desk individuals authorized to call Esri 2 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement *Additional sets of backup media may be purchased for a fee Page 1 of 6 January 3, 2023 147 Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: January 16, 2024 — January 15, 2026 This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: City of Tukwila (Customer) By: Authorized Signature Printed Name: Title: Date: CUSTOMER CONTACT INFORMATION Contact: Telephone: Address: Fax: City, State, Postal Code: E-mail: Country: Quotation Number (if applicable): Page 2 of 6 January 3, 2023 148 1.0-ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A —List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0-ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A —List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0-TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government - Page 3 of 6 January 3, 2023 149 owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0-PRODUCT UPDATES 4.1 Future Updates. Esri reserves the right to update the list of Products in Table A —List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other- resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0-MAINTENANCE The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at https://www.esri.com/en- us/legal/terms/maintenance). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer's organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support 1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to Page 4 of 6 January 3, 2023 150 supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0-ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0-ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0-ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi -year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past -due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi -year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due Page 5 of 6 January 3, 2023 151 9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 6 of 6 January 3, 2023 152 City of Tukwila City Council Finance & Governance Committee Meeting Minutes November27, 2023 - 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Kate Kruller, Chair; Kathy Hougardy, De'Sean Quinn Staff Present: Tony Cullerton, Vicky Carlsen, Roman Linsao, Joel Bush Guest: Brian Carson, Puget Sound Fire Chief I. BUSINESS AGENDA A. Enterprise Agreement: GIS Services Staff is seeking approval of an enterprise agreement with Esri in the 2-year amount of *$62,536.80 to continue the use of GIS technology through 2025. Committee Recommendation Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. B. Fire Personnel Overtime Q&A Committee members discussed the 2023 budgetary impact of overtime. Item(s) for follow-up: • Provide budget for 2024 • Provide detail on PFML use in 2023 • Provide related budget amendments for the other contract cities Committee Recommendation Forward to December 11, 2023 Committee of the Whole. MISCELLANEOUS The meeting adjourned at 6:10 p.m. Committee Chair Approval 153 154 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/4/23 RH ITEM INFORMATION ITEM No. 5.J. STAFF SPONSOR: REBECCA HIXSON ORIGINAL AGENDA DATE: 12/4/23 AGENDA ITEM TITLE PD Evidence Temperature Control for Biological Evidence Preservation CATEGORY ❑ Discussion Mtg Date ® Motion Alt Date 12/4/23 ❑ Resolution Mtg Date ❑ Ordinance Mfg Date ❑ Bid Award Aitg Date ❑ Public Hearing Mtg Date ❑ Other bltg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ❑ P&R ® Police ❑ MG SPONSOR'S SUMMARY The cooling system installed in the Tukwila Justice Center Police Department Evidence Room does not provide a temperature -controlled environment for the preservation of biological evidence. The Council is being asked to approve the contract for a PD Evidence HVAC system and consider this item at the December 4, 2023 Regular meeting as a consent agenda item. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/27/23 COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $48,629 + tax + contingency AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: PD REALLOCATION OF FUNDS FROM PAYROLL TO PD EVIDENCE Comments: PD budget saving from not being fully staffed all year will be reallocated for this work. MTG. DATE RECORD OF COUNCIL ACTION 12/4/23 MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated 11/27/23 Draft contract with Auburn Mechanical Bids Minutes from the 11/27 CSS Committee meeting 155 156 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Eric Dreyer, Chief of Police BY: Rebecca Hixson, Police Support Operations Senior Manager CC: Mayor Ekberg DATE: November 27, 2023 SUBJECT: PD Evidence Temperature Control for Biological Evidence Preservation ISSUE The cooling system installed in the Tukwila Justice Center Police Department Evidence Room does not provide a temperature -controlled environment for the preservation of biological evidence. BACKGROUND International Association of Property and Evidence Standards, Washington Association of Sheriffs and Police Chiefs Accreditation Standards and National Institute of Standards and Technology, US Department of Commerce, Biological Evidence Preservation Handbook Best Practices for Evidence Handlers require biological evidence to be preserved at a temperature between 60 to 75 degrees, with relative humidity that does not exceed 60%. The cooling system installed in the Tukwila Justice Center Police Department Evidence Room cools the area to 10 degrees less than the outside air. When the outside air is higher than 85 degrees, the evidence room temperature is out of compliance. In addition, there are no humidity controls in place. RCW 5.70 requires DNA work product (which includes biological evidence) for violent or sex offenses be stored for 99 years. A complete HVAC system is needed to maintain the Evidence Room temperature and humidity at the required levels. DISCUSSION If possible, the Police Department would like to complete the work by the end of 2023 but may need to work into January 2024. FINANCIAL IMPACT Three quotes were gathered. The lowest bid was from Auburn Mechanical $48,629.00 plus tax. Approval for a 10 percent contingency is requested as additional equipment may be needed to connect the existing HVAC system and the new Evidence system. PD budget saving from not being fully staffed all year will be reallocated for this work. RECOMMENDATION The Council is being asked to approve the contract and consider this item at the December 4, 2023 Regular meeting as a consent agenda item. ATTACHMENTS Auburn Mechanical Contract — draft Bids 157 158 Contractor/ Vendor Name: Address: Telephone: City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Auburn Mechanical 2623 W. Valley Hwy N Auburn, WA 98001 253-838-9780 CITY OF TUKWILA Short Form Contract Contract Number: Project No. Budget Item: Project Name: PDO10500-564000 Evidence HVAC Please initial all attachments, then sign and return copies one and two to: City of Tukwila, City Clerk's Office, 6200 Southcenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this 5 day of December 2023, by and between the City of Tukwila, hereinafter referred to as "City", and Auburn Mechanical, hereinafter referred to as "Contractor." The City and the Contractor hereby 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. TIME OF COMPLETION. The work shall be commenced on December 1. 2023 and be completed no later than January 31, 2024. 3. 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 $48,629.00 plus tax, except by written agreement of the parties. 4. 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. 5. PAYMENTS. The City shall make payments on account of the contract at completion of the project. 6. ACCEPTANCE AND FINAL PAYMENT. Final payment shall be due 10 days after completion of the work, provided the contract is fully performed and accepted. 7. CONTRACT DOCUMENTS. • The contract includes this Agreement, Scope of Work and Payment Exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. CA revised May 2020 Page 1 159 • The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. • The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. 8. MATERIALS, APPLIANCES AND EMPLOYEES. Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. 9. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. 10. PROTECTION OF WORK, PROPERTY AND PERSONS. The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to any act or neglect. 11. ACCESS TO WORK. The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. 12. CHANGES IN WORK. The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. 13. CORRECTION OF WORK. The Contractor shall re -execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. 14. OWNER'S RIGHT TO TERMINATE CONTRACT. Should the Contractor neglect to execute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. 15. PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. 16. 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: CA revised May 2020 160 Page 2 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 in 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. 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. 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 insurance as required shall constitute a material breach of contract, upon which the City may, after giving five CA revised May 2020 Page 3 161 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. 17. PERFORMANCE BOND. The Contractor shall furnish to the City prior to start of construction a performance bond at 100% of the amount of the contract and in a form acceptable to the City. In lieu of bond for contracts less than $25,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. 18. LIENS. The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. 19. SEPARATE CONTRACTS. The City has the right to execute other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. 20. ATTORNEYS FEES AND COSTS. In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work, shall remove from the premises all rubbish, implements and surplus materials and leave the premises clean. 22. INDEMNIFICATION. The Contractor 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 in connection with the 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 Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver 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. 23. PREVAILING WAGES. The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. 24. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 25. 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. 26. 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. 27. NOTICES. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila CA revised May 2020 Page 4 162 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. 28. 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. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. DATED this day of , 20 . ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA CONTRACTOR: By: Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney Printed Name:Kevin Hayes Title: Service Sales Manager Address: 2623 W. Valley Hwy N, Auburn, WA 98001 CA revised May 2020 Page 5 163 164 Auburn /Mechanical When performance count, July 28, 2023 City of Tukwila Tukwila, WA RE: City of Tukwila Justice Center - Evidence Room Cooling Auburn Mechanical is pleased to provide this proposal to add 24k BTUH's of cooling to the Evidence room. The existing FCU appears to be inadequate to maintain acceptable temperatures in the space. This proposed project includes the installation of (1) new condensing unit and (2) 4-way cassettes in the ceiling of the Evidence room to provide supplemental heating and cooling to the space. Please see the scope below: Evidence Room HVAC Addition • Provide and install (1) 24k BTUH Mitsubishi Condensing Unit • Provide and install (2) 12k BTUH 4-way Ceiling Cassettes • Roofing as required for refrigeration piping penetration and sleepers • Refrigeration piping between indoor and outdoor units • Condensate drains to existing condensate drain system from ERV's in space • Connect to existing Mitsubishi controls system • Engineering as required for permit • Permits and inspections • Start and test operation Proposed amount - $29,148.00 + tax Electrical Wiring • Provide (1) 20a circuit from panel RLMA1 (208V) for condensing unit on roof (assumes sufficient space in panel) • Provide 18/4 wiring in conduit to (2) indoor AHU's • Provide and install (1) disconnect at the rooftop location of the mechanical unit Proposed amount - Total Project amount - Exclusions $19,481.00 + tax $48,629.00 + tax • Washington State Sales Tax • Structural Engineering or upgrades • Sheetrock patch, paint or repair • Life safety system integration • Off -hours work; labor is calculated based upon access to schedule work between 6:00 AM and 4:00 PM, Monday - Friday. • Additional troubleshooting or repairs • Anything not listed or mentioned above. Auburn Mechanical I PO Box 249 Auburn, WA 98071 I PH: 253-838-9780 I http://www.auburnmechanical.com 165 Thank you for considering Auburn Mechanical, Inc. for your project. Please sign and return this quote to me as your authorization to proceed. You can email it back to me at kevinhayes@auburnmechanical.com. This quote will be subject to review and subsequent revisions after 30 days. AUBURN MECHANICAL, INC. Thank you, Kevin Hayes Service Account Manager ACCEPTANCE OF PROPOSAL By signature below, the proposal, scope of work and pricing outlined above by Auburn Mechanical, Inc. (the "agreement") is accepted by (name of entity or individual) ("Buyer"). The person executing this acceptance warrants that he/she has the authority to bind Buyer to the terms and conditions of the agreement. Buyer is free to alter the scope of the work included in the agreement. However, Buyer acknowledges that any work added to the scope outlined above is subject to all provisions of the proposal and this acceptance, and may result in increases to any pricing included in the agreement. Auburn Mechanical reserves the right to have the Buyer execute an additional or supplementary agreement specifically authorizing additional work and acknowledging that such work will be paid for by Buyer. Buyer agrees to make payment in full for all amounts due under this proposal no more than (30) days following completion of the work, together with any taxes due for such work. Buyer agrees that interest on past due balances in the statutory amount of twelve percent (12%) per annum shall be added to payments more than fifteen (15) calendar days overdue. In the event any action is required to enforce the terms of the agreement or to collect amounts justly due and owing under it, the prevailing party shall be entitled to recover its attorney's fees, costs and interest. The Buyer specifically agrees that the venue of any action to enforce this agreement shall be King County, Washington. AGREED: By Title: Date: 166 )Hermanson October 27, 2023 Hermanson Company LLP 1221 2nd Avenue North Kent, WA 98032 Tel 206-575-9700 fax 206-575-9800 ATTENTION: Henry Ancira PROJECT NAME: Tukwila Justice Center Evidence Room JOB NUMBER: 14-XX- 25175 SITE ADDRESS: 15005 Tukwila International Blvd Tukwila, WA 98168 206-571-6294 PHONE: PRICING The pricing below is firm for a 30-day period from the date of this proposal. Please call if you have any questions or comments. Total Price Split system for Evidence Room $ 67,938 LEAD TIMES • Permits: Approximately 6-8 weeks from intake date • Equipment: 1-2 weeks from order date SCOPE OF WORK Current VRF fan coil that serves the evidence room on the 1 St floor is deemed to be undersized. Hermanson will provide design build mechanical services to install new HVAC system to meet the required load. This proposal is based on the scope of work below but may be modified as required to meet loads as calculated as well as comply with current mechanical and energy codes. • Site inspections, measurements and coordination • Engineering and drawings required for permits • Prepare roof for electrical penetrations and sleepers for new outdoor unit o Roof in sleepers and penetrations • Provide and install doghouse for linesets and control wiring o Roof in doghouse • Provide and set one (1) new 2 ton Mitsubishi outdoor unit on roof • Provide and install two (2) new 1 ton 4-way ceiling cassettes in evidence room o Hangers and seismic straps as required • Provide and install preinsulated linesets from indoor cassettes to outdoor unit on roof o Charge and test linesets • Provide and install condensate piping for indoor cassettes to existing condensate drains • Connect to existing Mitsubishi control system • Provide and install conduit and wiring from nearest electrical panel to outdoor unit Mechanical Construction, Engineering and Service www.hermanson.com 167 )Hermanson Hermanson Company LLP 1221 2nd Avenue North Kent, WA 98032 Tel 206-575-9700 fax 206-575-9800 • Provide, install and wire electrical disconnect near outdoor unit • Provide, install conduit and wire controls wiring from outdoor unit to indoor unit • Startup and testing • Mechanical and Electrical Permit • Inspections • Close out package including: as built drawings (if applicable), O&M manuals for new HVAC equipment, and Hermanson's one-year parts and labor warranty on any work Hermanson performs • All labor, equipment, and materials related to above scope of work Optional Review According to as -built drawings there may be capacity on CU-Al that serves the evidence room VRF ducted unit. This assumes 115% diversity would be allowed for this system. Hermanson will review design and costs if requested to resize the current unit instead of installing the separate split system. This may be a less costly option, however we'll need to factor in resizing ductwork if not sized for the additional airflow. Mechanical Construction, Engineering and Service 168 www.hermanson.com )Hermanson EXCLUSIONS (unless specifically stated above) • Ventilation, ERV or DOAS equipment • Structural upgrades to roof • Architectural Screening • Electrical modifications or upgrades to service (utilize space in existing panels) • X-Ray or Scanning • Concrete cutting & coring • TAB • Drywall Cutting/Patch and Paint • Insulation • Fire wrap • Troubleshooting of existing equipment • Washington State Sales Tax CLARIFICATIONS/ASSUMPTIONS • Additional ventilation or DOAS equipment is not included in scope of design or installation. If required per code or AHJ this will be an additional cost • Construction budget assumes installation of 2 ton split system as described above. Alternates to the design and equipment selections will be reviewed for cost impact. • Work is figured as regular day shift 6am-2pm • Scope as described must be accepted by the Authority Having Jurisdiction to validate proposal • Payments made after 60 days will have a 2% interest added to their monthly billing • Proposal is valid for 30 days from date Please reach out to me with any questions and I will be happy to provide more information. Sincerely, HERMANSON COMPANY, LLP Louis Cumbo Account Executive Mobile: (206) 741-4486 lcumbo@hermanson.com JOB NUMBER: 14-XX-25175 Purchaser's Authorized Signature Date P.O. # 169 )Hermanson TERMS & CONDITIONS WARRANTIES/LIMITATIONS: The Contractor warrants to the Owner that materials and equipment furnished under the Contract Documents will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted by law or otherwise, and that the Work will conform to the requirements of the Contract Documents. This warranty shall be for twelve (12) months from the date of substantiated completion. However, manufacturer warranties may extend beyond this time frame. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. Maintenance shall be in conformity with manufacturer's recommendations and documented by Owner or Owner's agent demonstrating items performed by a qualified individual. Purchaser's remedies are limited to repair or replacement, at Hermanson Company's option, of defective material or equipment. Under no circumstances shall Hermanson Company be responsible for any consequential or incidental damages to purchaser's property. Any action to enforce any rights of purchaser must be instituted within twelve (12) months of the date Hermanson Company begins installation. PAYMENT/SECURITY INTEREST/DEFAULT/HERMANSON REMEDIES: A Twenty-five percent (25%) down payment will be collected prior to the commencement of work. Unless otherwise agreed to in writing, Purchaser shall be progress billed by the last day of each month for all work completed through the current billing period. All amounts billed are due Net 30 and Purchaser agrees to pay the same. Purchaser hereby grants to Hermanson Company a security interest in all equipment and accessories thereto supplied by Hermanson Company in performance of this contract, which shall be satisfied only upon payment in full of all amounts due under this contract. If Purchaser fails to pay the total amount due by the due date, the Purchaser shall be in default hereunder. Hermanson Company shall then have the right to exercise any and all remedies available to it by virtue of its security interest, including but not limited to, entry upon the premises and repossession of the equipment and accessories. Hermanson Company may file this document as a non-standard UCC-1 Financing Statement. Additionally, Purchaser agrees and acknowledges: (1) Purchaser shall pay Hermanson Company a LATE CHARGE of two percent (2%) per month on the unpaid balance upon which payment has not been received by the due date. (2) Payment received shall be applied, at Hermanson Company's election, first to late charges and then to the oldest principle balance due, whether under this contract or unpaid amounts under previous contracts or Agreements. DELAYS/DAMAGES: Hermanson Company shall not be liable for any loss, damage or delays occasioned by tire, strikes, material stolen after delivery upon premises, lock -outs, acts of God or the public enemy, accidents, boycotts, material shortages, disturbed labor conditions, delayed delivery of materials from Hermanson Company's suppliers, inclement weather, floods, freight embargos, cause incident to national emergencies, war, acts of the Purchaser or his agents, or other causes beyond the reasonable control of Hermanson Company. In the event of such delays or damages, the time for performance by Hermanson Company shall be extended for a reasonable time. If such delay results in additional cost or expenses to Hermanson Company, then purchaser shall reimburse Hermanson Company for such additional cost and/or expenses in addition to amounts otherwise due under this contract. CHANGES IN THE WORK: The Purchaser may order changes in the work within the general scope of the contract consisting of additions, deletions, or other revisions. Hermanson Company shall not be required to make any such changes unless it first receives from the Purchaser a written change order and agrees to the charge by signing the change order. Any addition, deletion or other revision, which increases the costs or expenses of Hermanson Company, shall be due to Hermanson Company in addition to any amounts otherwise due under this contract. PROPERTY INSURANCE: Unless otherwise agreed, the owner shall purchase and maintain property insurance upon all equipment and material delivered by Hermanson Company to the job site. Purchaser shall assume all risk of loss for such materials and equipment once delivered to the job site. PERMITS: Unless otherwise designated, the Purchaser shall secure and pay for all permits, governmental fees end licenses necessary for the proper execution and completion of the work. TERMINATION OF CONTRACT/SUSPENSION OF PERFORMANCE: This contract shall be terminated only upon mutual agreement of the parties. Hermanson Company may suspend its performance in the event of any of the following: (1) Any act of the Purchaser or his/her agents, which prevents or inhibits Hermanson Company from timely performing its obligation under this Agreement. (2) For the reasons specified above under Delays/Damages. (3) If the Purchaser files a petition in bankruptcy, whether voluntary or involuntary, makes an assignment for the benefit of creditors or has a receiver appointed, or does any act inconsistent, or which may impair the Purchaser's ability to perform this contract Hermanson Company may suspend performance of its obligation under this Agreement until such time as 1) this Agreement is assumed by the Trustee in bankruptcy and/or 2) Hermanson Company is provided adequate assurance of future performance Hermanson Company is not responsible for any damages, whether direct, proximately caused, incidental, consequential or otherwise as a result of Hermanson Company suspension of performance hereunder. If performance cannot begin or continue within a reasonable time after suspension, Hermanson Company at its sole discretion may terminate this Agreement. SUIT/ARBITRATION/ATTORNEY'S FEES: In the event of any dispute under this contract, either party may elect that this matter be submitted to binding arbitration in Seattle, Washington, pursuant to the then -effective rules of the American Arbitration Association. In the event this matter is referred for collection, or if either party retains an attorney for the purpose of arbitration or suit, the prevailing party shall be entitled its actual cost and attorney's fees, all cost of collection, including licenses, collection agency fees and court costs, in addition to the amounts otherwise due. Venue and jurisdiction shall be laid in King County, Washington. ENTIRE AGREEMENT: This represents the entire Agreement between the parties There are no other Agreements or promises that are not contained on either the front or backside of this Agreement. NOTICE TO CUSTOMER: This contractor is registered with the State of Washington. registration number HERMACL005BJ as general/specialty contractor and has posted with the state a bond or cash deposit of $12,000 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 that might arise for the work under your contract. If any supplier of materials used in your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor, your property may be liened to force payment. If you wish additional protection you may request the contractor provide you with further information about lien release documents. General information is also available from the Department of Labor and Industries. EQUAL OPPORTUNITY: All parties to this agreement shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5 (a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these regulations require that all parties take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. Purchaser's Authorized Signature 170 Date P.O. # SEAAIRE INCORPORATED SINCE 7980 - Air Conditioning • Heating • Refrigeration • Controls • Service • Installations • Maintenance Proposal submitted to: Job location: PROPOSAL Henry Ancira CITY OF TUKWILA 11210 Tukwila International Blvd Tukwila, WA 98168 henry.ancira@tukwilawa.gov TUKWILA POLICE DEPARTMENT 15005 Tukwila International Blvd Tukwila, WA 98168 1402 Maple Ave SW Renton, WA 98057 (206) 575-8051 (206) 575-0653 dispatch@sea-aire.com www.sea-aire.com 11/08/2023 We propose to provide labor and materials for the installation of a new Mitsubishi 3-ton 208/230 split system with two 12k cassettes for the evidence room. ***Roofing excluded due to lack of response from original contractor. Quote INCLUDES: • Mitsubishi 3-ton 208/230 split system • Crane rental • Site plans • Electrician • Controls • City permit • Materials • Electrical connections to existing disconnects • Start & test • Labor hours • One (1) year warranty on new equipment Quote EXCLUDES: • Structural and code considerations • Street and/or mechanical permits • Drawings • Structural calculations • Electrical and concrete work • Ceiling grid and drywall repair • Disconnect replacement and/or structural improvements • Roofing 171 ADDITIONAL ITEMS NOT INCLUDED: This proposal is subject to the following exclusions, unless noted above. Not all exclusions will apply to every job. Please follow up with the sales manager for clarification. • Structural and code considerations (Platforms, walkways, lights, access openings) • Power wiring beyond existing disconnects, including ground wire if needed • Installation of service outlet if required by inspector • Roofing cut and patch • Drywall patch or painting • Modifications to existing ductwork • Equipment screening or railing • Unseen ducting or wiring conditions • Mechanical drawings • Structural calculations and engineering • Existing building blue prints if needed for permit • Mechanical, electrical or refrigeration permits • After hours labor • Prevailing wage labor • Moving of materials or furniture to gain access to workspace • Removing or reinstalling Tbar ceilings We propose hereby to furnish material and labor and complete in accordance with the above specifications for the sum of: $72,230.35, plus Washington State Sales Tax. Partial payment due upon signing — remainder billed upon completion with Net/15 terms. **Due to market volatility, pricing cannot be guaranteed beyond the date of this proposal. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. ACCEPTANCE: Customer shall promptly perform testing of the work/products to confirm that the deliverables perform in accordance with the documentation or other standards applicable thereto. Customer shall either promptly provide Contractor with written acceptance of the Deliverable, or deliver to Contractor a detailed written statement of nonconformities to be corrected prior to Customer's acceptance of the Deliverables. Following redelivery of corrected Deliverables, a new acceptance test shall immediately be commenced by Customer. WARRANTY/REMEDY: Customer's sole and exclusive remedy and Contractor's only obligation for breach of the warranty hereunder will be, at Contractor's option, to correct any material errors in provision of Services or to replace or repair Deliverables which do not conform to the warranty. Contractor warrants deliverable functionality substantially as defines in the Statement of Work for a period of 365 days following final delivery. Contractor warrants that with respect to any Deliverable assigned by Contractor to Customer that Contractor has the right to transfer title to Customer. LIMIT OF LIABILITY: The total liability of Contractor to Customer from any cause whatsoever, will be limited to the lesser of Customer's actual damages or the Project price paid to Contractor for those Services and 172 Deliverable in a Project that are the subject of Customers claim. In no event will either party be liable for SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. All claims against Contractor must be brought within one (1) year after the cause of action arises and Customer waives any statute of limitations which might apply by operation of law or otherwise. INDEMNIFICATION: Customer shall defend, indemnify and save Contractor harmless, at Customer's own expense, against any action or suit brought for any loss, damage, expense or liability that may result by reason of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended use of the Deliverables furnished to Contractor hereunder. Customer agrees to indemnify and hold Contractor harmless against all claims, liabilities, demands, damages, or expenses (including attorneys' fees and expenses) arising out of or in connection with Customer's use of the Deliverables. Authorized Signature Edgar Sanders Retrofit Project Manager Date The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Name & Title (Printed) Signature Date 173 174 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes November 27, 2023- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Mohamed Abdi; Thomas McLeod, Tosh Sharp David Cline, Pete Mayer, David Rosen, Kris Kelly, Jefri Peters, Eric Dreyer, Eric Lund, Rebecca Hixson Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: 2024-2025 Public Defense Program Staff is seeking approval of a grant agreement with the Washington State Office of Public Defense in the two-year amount of $75,000 for the Public Defense Program. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. B. Ordinance: Avoiding an Intersection Staff presented the Council -requested ordinance that prohibits drivers from avoiding signaled intersections by cutting through parking lots or drives. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. C. Contract: Biological Evidence Preservation *Staff is seeking approval of a contract with Auburn Mechanical in the amount of $48,629 to provide an adequate cooling system in the Police Department Evidence Room. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. D. Grant Acceptance: Tukwila Community Center HVAC Replacement Staff is seeking Council approval of a grant agreement with King County in the amount of $500,000 to be used toward the Tukwila Community Center HVAC Replacement Project. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Meeting. II. MISCELLANEOUS Councilmembers and staff discussed the policy encouraging local businesses to participate in the procurement process. The meeting adjourned at 5:55 p.m. MeeZ Committee Chair Approval Minutes by LH 175 176 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/4/23 BD ITEM INFORMATION ITEM NO. 5.K. STAFF SPONSOR: SGT BILL DEVLIN ORIGINAL AGENDA DATE: 12/4/23 AGENDA ITEM TITLE Avoidance of Intersection Ordinance CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 12/04/23 ❑ Bid Award fig Date ❑ Public Hearing Mtg Date ❑ Other !Wig Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ® Police ❑ PW SPONSOR'S SUMMARY The Council is being asked to consider and approve the Avoidance of Intersection ordinance. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/27/23 COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONsoR/ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/4/23 MTG. DATE 12/04/23 ATTACHMENTS Informational Memorandum dated 11/13/23 Ordinance in Draft Form Minutes from the 11/27 CSS Committee meeting 177 178 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Community Services & Safety Committee Chief Eric Dreyer Sgt. Bill Devlin CC: Mayor Ekberg DATE: 11/13/2023 SUBJECT: Avoidance of Intersection Ordinance ISSUE Increase public safety on the city roadways through enforcement and education with a new ordinance. The ordinance would address drivers that avoid signaled intersections by cutting through public and private parking lots or drives. BACKGROUND It was brought to the police department's attention via complaints from citizens, and police on - viewing vehicles who were cutting through private and public lots to avoid backups at signaled intersections. These areas just to name a few include Foster High School public parking lot to avoid the signals at the intersection of S. 144th Street and 42nd Ave S. This area is a crosswalk for the students and faculty to ingress and egress through the main front doors of the school, and typically has a large amount of pedestrian traffic. These activities have also been viewed at multiple other locations throughout the city to include 10800 block of East Marginal Way S. with the intersection of Boeing Access and Tukwila International Blvd. In this location vehicles have been seen cutting through several different parking lots and businesses to avoid the signals, as this is a very large and busy intersection. These activities are frequently observed at the Chevron AMPM lot located at 15252 Tukwila International Blvd. Vehicles traveling westbound on Southcenter Blvd, will cut through this lot, to avoid the signals at Southcenter Blvd and Tukwila International Blvd. Westbound vehicles on Southcenter Blvd are also seen cutting through the north lot of the light rail station behind the above mentioned AMPM to avoid the signals at S.154th Street and Tukwila International Blvd. ANALYSIS The proposed new ordinance will help decrease the likelihood of injuries and/or property damage by providing Tukwila police with a new tool to educate and enforce drivers cutting through private or public property to avoid a signaled intersection. The police, prosecutor, and city attorney support this ordinance, and have reviewed it for presentation to Council. FINANCIAL IMPACT None. RECOMMENDATION The Committee is being asked to forward this item to the 12/04/2023 Regular City Council Meeting. ATTACHMENTS Avoidance of Intersection ordinance. 179 180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING TUKWILA MUNICIPAL CODE (TMC) SECTION 9.28.038, "AVOIDING AN INTERSECTION"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to improve traffic safety and pedestrian safety throughout the City; and WHEREAS, motorists avoiding intersections disrupts the orderly flow of traffic and increases the likelihood of vehicle and/or pedestrian collisions; and WHEREAS, the City Council desires to establish regulations, as set forth herein, to prohibit avoidance of an intersection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for this ordinance. Section 2. Regulations Established. Tukwila Municipal Code (TMC) Section 9.28.038 is hereby established to read as follows: 9.28.038 Avoiding an Intersection It is unlawful for any person operating a motor vehicle on the roadways of the City, upon approaching or leaving an intersection, to proceed across any public or private property in such a way as to avoid the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority. CC:\Legislative Development\Intersection Avoidance 11-1-23 B. Devlin A. Youn Page 1 of 2 181 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 scrivener's 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 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 , 2023. 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 Ordinance Number: CC:\Legislative Development\Intersection Avoidance 11-1-23 B. Devlin A. Youn 182 Page 2 of 2 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes November 27, 2023- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Mohamed Abdi; Thomas McLeod, Tosh Sharp David Cline, Pete Mayer, David Rosen, Kris Kelly, Jefri Peters, Eric Dreyer, Eric Lund, Rebecca Hixson Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: 2024-2025 Public Defense Program Staff is seeking approval of a grant agreement with the Washington State Office of Public Defense in the two-year amount of $75,000 for the Public Defense Program. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. B. Ordinance: Avoiding an Intersection *Staff presented the Council -requested ordinance that prohibits drivers from avoiding signaled intersections by cutting through parking lots or drives. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. C. Contract: Biological Evidence Preservation Staff is seeking approval of a contract with Auburn Mechanical in the amount of $48,629 to provide an adequate cooling system in the Police Department Evidence Room. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. D. Grant Acceptance: Tukwila Community Center HVAC Replacement Staff is seeking Council approval of a grant agreement with King County in the amount of $500,000 to be used toward the Tukwila Community Center HVAC Replacement Project. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Meeting. II. MISCELLANEOUS Councilmembers and staff discussed the policy encouraging local businesses to participate in the procurement process. The meeting adjourned at 5:55 p.m. MeeZ Committee Chair Approval Minutes by LH 183 184 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/13/23 JR 12/4/23 JR ITEM INFORMATION ITEM No. 6 & 7.A. STAFF SPONSOR: GRIFFIN LERNER ORIGINAL AGENDA DATE: 11/13/23 AGENDA ITEM TITLE Street Vacation Resolution Setting Amendment Public Hearing 11/13/23 ❑ Motion Mtg Date ❑ Bid Award Mtg Date ❑ Other Mtg Date CATEGORY 11 Discussion 11 Resolution 111 Ordinance 11 Public Hearing Mtg Date Mtg Date 11/13/23 Mtg Date 12/4/23 Mtg Date 12/04/23 SPONSOR ❑Council ❑Mayor HR ❑DCD Finance Fire TS P&R Police Pr Court SPONSOR'S In October of 2001, City Council adopted Ordinance 1978, vacating a portion of 35th Ave SUMMARY South adjacent to Sabey Data Center. In 2021, Sabey applied for and obtained a construction permit to physically secure the perimeter of the Intergate East Campus in an effort to curb crime and theft. To remove these easements, the City Council must approve a Resolution in a Public Hearing setting, scheduled for 12/04/23 to consider the proposed amendment. REVIEWED BY r Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. 11/06/23 COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to C.O.W. & Public Hearing on 12/4 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 11/13/23 Resolution approved 12/4/23 MTG. DATE ATTACHMENTS 11/13/23 *Refer to 11/13 C.O.W. Meeting* 12/4/23 Final Ordinance 185 186 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, TERMINATING A CONDITION IN ORDINANCE NO. 1978 THAT THE VACATED PORTION OF 35TH AVENUE SOUTH REMAIN OPEN TO PEDESTRIAN TRAFFIC; 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, on October 15, 2001, the City Council adopted Ordinance No. 1978, vacating a portion of 35th Avenue South; and WHEREAS, Ordinance No. 1978 included a condition that the vacated portion of 35th Avenue South remain open to pedestrian traffic; and WHEREAS, consistent with this condition, the vacated portion of 35th Avenue South has remained open to pedestrian traffic, but due to property transactions in the vicinity since 2001, the vacated portion of 35th Avenue South does not connect to any other pedestrian facility and is therefore of no value as a pedestrian way; and WHEREAS, in recent years, due to the isolation of the vacated portion of 35th Avenue South and the fact that it does not connect to any other pedestrian facility, it has become a magnet for illegal activities that threaten the health and safety of the neighborhood; and WHEREAS, the City Council passed Resolution No. 2080, dated November 13, 2023, fixing the time for a public hearing regarding a vacation of right-of-way within the City of Tukwila dedicated for street purposes; and WHEREAS, the City Council hereby finds that since the pedestrian use of the vacated portion of 35th Avenue South has no value, and since continuing illegal activities on that property pose a threat to the local community, it is in the best interest of the public health, safety and welfare of the City to terminate the condition in Ordinance No. 1978 requiring that the vacated portion of 35th Avenue South remain open to pedestrian traffic; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: CC:\Legislative Development\Termination of 35th Ave S vacation condition 11-27-23 G. Lemer A. Youn Page 1 of 2 187 Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for this ordinance. Section 2. Termination of Condition. The condition set forth in Ordinance No. 1978, requiring that the vacated portion of 35th Avenue South remain open to pedestrian traffic, is hereby amended to terminate said condition, which shall be null and void upon passage of this ordinance. Section 3. Recording by City Clerk. The City Clerk is hereby directed to record a certified copy of this ordinance with King County following its adoption. 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 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 , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A — Map CC:\Legislative Development\Termination of 35th Ave S vacation condition 11-27-23 G. Lerner A. Youn Page 2 of 2 188 • the SEAT t 114 SabeyiData Centers Bea tJe Building 4 fri A-B Ordinance # 1978 35th Ave S. Vacation King County_. is _ Metro South,BaS'e-r ► Shippers Transport, Express.TukWila -Mast&Auto aughlincSupply. 11"'"MUMS124th-St 1. &stelia Electrical ppy store B-C Ordinance # 2101 S 124th St. Vacation 190 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/27/23 DR 12/4/23 DR ITEM INFORMATION ITEM No. 7.B. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 11/27/23 AGENDA ITEM TITLE Contract Approval: Tukwila Community Center Business Plan & Recreation Programming Plan CATEGORY ® Discussion Mtg Date 11/27/23 ❑ Motion Mtg Date Resolution Mtg Date ❑ Ordinance Mtg Date Bid Award Mtg Date 12/4/23 SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ Public Hearing Mtg Date ❑ Other Mtg Date ® Pe7R ❑ Police ❑ PTV SPONSOR'S SUMMARY After a competitive Request for Proposals process, Parks & Recreation staff have awarded the proposed project to PROS Consulting. Said project will deliver a Business Plan specific to the Tukwila Community Center as well as a Recreation Programming Plan for the department overall. The project's do not exceed cost is $119,405 with estimated completion by early Q3 of 2024. Staff requests council approve the proposal at the December 4th Regular Meeting via consent agenda so work may commence. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/13/23 COMMITTEE CHAIR: COUNCILMEMBER ABDI RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMITTEE No recommendation; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $119,405 AMOUNT BUDGETED $119,405 APPROPRIATION REQUIRED $0 Fund Source: PARKS ACQUISITON, LAND, AND DEVELOPMENT FUND (301) Comments: Funding source is the King County Parks, Recreation, Trails, and Open Space Levy 11/27/23 12/4/23 MTG. DATE 11/27/23 12/4/23 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated November 3, 2023 Proposed Professional Services Agreement Minutes from the 11/13 CSS Committee meeting No attachments 191 192 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/27/23 AJS 12/4/23 AJS ITEM INFORMATION ITEM No. 7.C. STAFF SPONSOR: ADAM SCHIERENBECK ORIGINAL AGENDA DATE: 11/27/23 AGENDA ITEM TITLE Amendments to TMC 3.26 & 3.27 (Business & Occupation Tax) CATEGORY ® Discussion Mtg Date 11/27/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 12/4/23 ❑ 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 In 2022, the City Council passed Ordinance 2689 establishing a B&O tax on business activities within the City. It is recommended that the Council adopt additional deductions, exemption, and administrative provisions that are common among neighboring cities. It is also recommended to clairfy the appeal procedures and establish a nonreporting status for businesses beneath the taxable threshold. Finally, there is a mandatory definition change related to changes to the model ordinance at the state level. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/13/23 COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/23 Forwarded to the next Regular Meeting 12/4/23 MTG. DATE ATTACHMENTS 11/27/23 Informational Memorandum dated 10/24/23 Draft Ordinance Attachment to Ordinance Minutes from the 11/13 Finance & Governance Committee meeting Informational Memorandum dated 11/16/23 (added for 11/27 C.O.W. Meeting) 12/4/23 Final ordinance 193 194 • of Tukwila Wash ngton Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 2689 §11, §12, §13, §22, AND §33, AS CODIFIED IN TMC CHAPTERS 3.26 AND 3.27; TO ADOPT ADDITIONAL BUSINESS AND OCCUPATION TAX DEDUCTIONS AND EXEMPTIONS; TO ESTABLISH ADDITIONAL ADMINISTRATIVE PROVISIONS; AND TO AMEND ADMINISTRATIVE PROVISIONS RELATED TO TAX FILING REQUIREMENTS AND APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 28, 2022, the City Council adopted Ordinance No. 2689 establishing a business and occupation tax on business activities within the City; and WHEREAS, RCW 35.102.040 requires the City to adopt the mandatory provisions of the model ordinance developed by Washington cities when imposing a business and occu pation tax, including administrative provisions related to the imposition and collection of such a tax, but also allows for flexibility in certain areas to customize the ordinance based on local goals and policies; and WHEREAS, the model ordinance provides mandatory and standard deductions and exemptions for potential inclusion but also gives the City the ability to create certain deductions and exemptions from business and occupation tax to meet the City's own objectives, set economic policy, and to maintain local control; and WHEREAS, the model ordinance allows flexibility to determine filing frequencies and customize appeal procedures, allowing the City to reduce the administrative burden on businesses beneath the minimum threshold and clarify the appeal process; and WHEREAS, the model ordinance provides additional optional administrative provisions that aid the City in equitably administering and enforcing the tax; WHEREAS, at the time of the adoption of Ordinance No. 2689, the City did not adopt the optional administrative provisions or additional exemptions and deductions; and WHEREAS, in 2023, the State has adopted additional definitions for newspaper printing and publishing, resulting in a mandatory change to the model ordinance; and CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schieren beck A. Youn Page 1 of 20 195 WHEREAS, in 2023, the State has adopted additional definitions for newspaper printing and publishing, resulting in a mandatory change to the model ordinance; and WHEREAS, the City now desires to amend the business and occupation tax in alignment with the model ordinance and State law, having judged that the regulations contained herein best suit the needs of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.26.078 Amended. Ordinance No. 2689 §11, as codified at Tukwila Municipal Code (TMC) Section 3.26.078, is hereby amended 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, 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 newspapers, periodicals, or magazines, have the same meanings as attributed to those terms in RCW 82.04.280(1) by the Department of Revenue. Until January 1, 2034, these activities include those for which the exemption in RCW 82.04.759 applies. Section 2. TMC Section 3.26.090 Amended. Ordinance No. 2689 §12, as codified at TMC Section 3.26.090, is hereby amended to read as follows: 3.26.090 Exemptions A. Gross receipts taxed under other Tukwila Municipal Code sections. 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 (Utility Tax) or TMC Chapter 3.08 (Gambling Activities Tax). 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 not exempt any bonding company from 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 CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 2 of 20 196 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 not apply to 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 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 not apply to 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. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 3 of 20 197 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. O. Adult family homes. This chapter shall not apply to adult family homes which are licensed as such under chapter 70.128 RCW, or which are specifically exempt from licensing under the rules of the Washington State Department of Social and Health Services. P. Health maintenance organization, health care service contractor, certified health plan. This chapter shall not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premiums or prepayments that are taxable under RCW 48.14.0201. This exemption is limited to premiums and payments for health benefit plans offered by health care service contractors under chapter 48.44 RCW and health maintenance organizations under chapter 48.46 RCW and does not apply to health care services directly delivered by the employees of a health maintenance organization under chapter 48.46 RCW. Q. International banking facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this section, an "international banking facility" means: 1. A facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal office of which is in this state, and which is incorporated and doing business under the laws of the United States or of this state; or 2. A United States branch or agency of a foreign bank; or 3. An Edge corporation organized under Section 25(a) of the Federal Reserve Act, 12 United States Code 611-631; or 4. An Agreement corporation having an agreement or undertaking with the Board of Governors of the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 United States Code 601-604 (a), that includes only international banking facility time deposits as defined in 12 CFR 204.8(a)(2) and international banking facility extensions of credit as defined in 12 CFR 204.8(a)(3). R. Real estate brokers and associated brokers, agents, or salesmen. This chapter shall not apply to that portion of a real estate commission assigned to another brokerage office pursuant to the division of revenue between the originating brokerage office and a cooperating brokerage office on a particular transaction. Each brokerage office shall pay the tax upon its respective revenue share of the transaction. Furthermore, where a brokerage office has paid the business and occupation tax imposed under this chapter on the gross commission earned by that brokerage office, associate brokers, salesmen, or agents within the same office shall not be required to pay the tax upon their share of the commission from the same transaction. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 4 of 20 198 S. Ride sharing. This chapter does not apply to any funds received in the course of ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010. T. The City of Tukwila is exempt from the tax levied by this chapter. U. Credit unions. This chapter shall not apply to the gross income of credit unions organized under the laws of this state, any other state, or the United States. V. Farmers —Agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk poultry, meats, or any other agricultural product that is raised, caught, produced, or manufactured by such persons. "Agricultural product" does not include cannabis or cannabis products as defined in RCW 69.50.101. W. Certain corporations furnishing aid and relief. This chapter shall not apply to the gross sales or the gross income received by corporations which have been incorporated under any act of the congress of the United States of America and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. X. Certain fraternal and beneficiary organizations. This chapter shall not apply to fraternal benefit societies or fraternal fire insurance associations, as described in Title 48 RCW; nor to beneficiary corporations or societies organized under and existing by virtue of Title 24 RCW, if such beneficiary corporations or societies provide in their bylaws for the payment of death benefits. Exemption is limited, however, to gross income from premiums, fees, assessments, dues or other charges directly attributable to the insurance or death benefits provided by such societies, associations, or corporations. Y. Operation of sheltered workshops. This chapter shall not apply to income received from the department of social and health services for the cost of care, maintenance, support, and training of persons with developmental disabilities at nonprofit group training homes as defined by chapter 71A.22 RCW or to the business activities of nonprofit organizations from the operation of sheltered workshops. For the purposes of this section, "the operation of sheltered workshops" means performance of business activities of any kind on or off the premises of such nonprofit organizations which are performed for the primary purpose of: 1. providing gainful employment or rehabilitation services to persons with disabilities as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market or during such time as employment opportunities for them in the competitive labor market do not exist; or 2. providing evaluation and work adjustment services for persons with disabilities. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 5 of 20 199 Z. Nonprofit organizations — Credit and debt services. This chapter shall not apply to nonprofit organizations in respect to amounts derived from provision of the following services: 1. Presenting individual and community credit education programs including credit and debt counseling; 2. Obtaining creditor cooperation allowing a debtor to repay debt in an orderly 3. Establishing and administering negotiated repayment programs for debtors; 4. Providing advice or assistance to a debtor with regard to subsection (Z)(1), (Z)(2), or (Z)(3) of this section. AA. Nonprofit organizations that are guarantee agencies, issue debt, or provide guarantees for student loans. This chapter shall not apply to gross income received by nonprofit organizations exempt from federal income tax under section 501(c)(3) of the internal revenue code, as hereafter amended, that (1) are guarantee agencies under the federal guaranteed student loan program or that issue debt to provide or acquire student loans; or (2) provide guarantees for student loans made through programs other than the federal guaranteed student loan program. manner; or Section 3. TMC Section 3.26.100 Amended. Ordinance No. 2689 §13, as codified at TMC Section 3.26.100, is hereby amended to read as follows: 3.26.100 Deductions In computing the business and occupation tax imposed under this chapter, 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. B. Cash discount taken by purchaser. In computing tax, there may be deducted from the measure of tax the cash discount amounts 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. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 6 of 20 200 D. Constitutional prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the City is prohibited from taxing under the Constitution of the State of Washington or the 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 may be 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 client that 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 under a professional employer agreement. G. Interest on investments or loans secured by mortgages or deeds of trust. In computing tax, to the extent permitted by Chapter 82.14A 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. H. Compensation from public entities for health or social welfare services. In computing tax there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization, as defined in RCW 82.04.431, or by a municipal corporation or political subdivision, except deductions are not allowed under this section for amounts that are received under an employee benefit plan. For purposes of this subsection, "employee benefit plan" includes the military benefits program authorized in 10 USC Sec. 1071 et seq., as amended, or amounts payable pursuant thereto. I. Membership fees and certain service fees by nonprofit youth organization. In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by a nonprofit youth organization: 1. As membership fees or dues, irrespective of the fact that the payment of the membership fees or dues to the organization may entitle its members, in addition to other rights or privileges, to receive services from the organization or to use the organization's facilities; or 2. From members of the organization for camping and recreational services provided by the organization or for the use of the organization's camping and recreational facilities. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 7 of 20 201 For purposes of this subsection (I), "nonprofit youth organization" means a nonprofit organization engaged in character building of youth which is exempt from property tax under RCW 84.36.030. J. Initiation fees, dues, and certain charges received by nonprofit organization. In computing tax, a nonprofit organization may deduct from the measure of tax amounts derived from bona fide: 1. Initiation fees; 2. Dues; 3. Contributions; 4. Donations; 5. Tuition fees; 6. Charges made by a nonprofit trade or professional organization for attending or occupying space at a trade show, convention, or educational seminar sponsored by the nonprofit trade or professional organization, which trade show, convention, or educational seminar is not open to the general public; 7. Charges made for operation of nonprofit kindergartens; and 8. Endowment funds. This subsection (J) shall not be construed to exempt any person, association, or society from tax liability upon selling tangible personal property or upon providing facilities or services for which a special charge is made to members or others. If dues are in exchange for any significant amount of goods or services rendered by the recipient thereof to members without any additional charge to the member, or if the dues are graduated upon the amount of goods or services rendered, the value of such goods or services shall not be considered as a deduction under this subsection. K. Artistic and cultural organizations. In computing tax, there may be deducted from the measure of tax those amounts received by artistic or cultural organizations, as defined in this chapter, which represent: 1. Income derived from business activities conducted by the organization; provided, that this deduction does not apply to retail sales made by artistic and cultural organizations; 2. Amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or subdivision thereof as compensation for, or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or cultural organization for attendance or viewing by the general public; or 3. Amounts received as tuition charges collected for the privilege of attending artistic or cultural education programs. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 8 of 20 202 L. Interest on obligations of the state, its political subdivisions, and municipal corporations. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses amounts derived from interest paid on all obligations of the state of Washington, its political subdivisions, and municipal corporations organized pursuant to the laws thereof. M. Interest on loans to farmers and ranchers, producers, or harvesters of aquatic products, or their cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers, or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is engaged solely in the business of making loans and providing finance -related services to bona fide farmers and ranchers, producers, or harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing farm -related or aquatic - related services to these individuals or entities. N. Repair, maintenance, replacement, etc., of residential structures and commonly held property — Eligible organizations. 1. In computing tax, there may be deducted from the measure of tax amounts used solely for repair, maintenance, replacement, management, or improvement of the residential structures and commonly held property, but excluding property where fees or charges are made for use by the public who are not guests accompanied by a member, which are derived by: a. A cooperative housing association, corporation, or partnership from a person who resides in a structure owned by the cooperative housing association, corporation, or partnership; b. An "association of apartment owners" as defined in RCW 64.32.010, as now or hereafter amended, from a person who is an "apartment owner" as defined in RCW 64.32.010; or c. An association of owners of residential property from a person who is a member of the association. "Association of owners of residential property" means any organization of all the owners of residential property in a defined area who all hold the same property in common within the area. 2. For the purposes of this subsection "commonly held property" includes areas required for common access such as reception areas, halls, stairways, parking, etc., and may include recreation rooms, swimming pools, and small parks or recreation areas; but is not intended to include more grounds than are normally required in a residential area, or to include such extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas, etc. 3. To qualify for the deductions under this subsection: a. The salary or compensation paid to officers, managers, or employees must be only for actual services rendered and at levels comparable to the salary or compensation of like positions within the country wherein the property is located; CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 9 of 20 203 b. Dues, fees, or assessments in excess of amounts needed for the purposes for which the deduction is allowed must be rebated to the members of the association; c. Assets of the association or organization must be distributable to all members and must not inure to the benefit of any single member or group of members. O. Radio and television broadcasting — Advertising agency fees — National, regional, and network advertising — Interstate allocations. In computing tax, there may be deducted from the measure of tax by radio and television broadcasters amounts representing the following: 1. Advertising agencies' fees when such fees or allowances are shown as discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount; 2. Actual gross receipts from national network, and regional advertising or a "standard deduction" as provided by RCW 82.04.280; and 3. Local advertising revenue that represents advertising which is intended to reach potential customers of the advertiser who are located outside the state of Washington. The director may issue a rule that provides detailed guidance as to how these deductions are to be calculated. Section 4. TMC Section 3.27.040 Amended. Ordinance No. 2689 §22, as codified at TMC Section 3.27.040, is hereby amended 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 annual license fee or registration fee assessed under this 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 monthly or 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. Minimum threshold and nonreporting status. 1. For purposes of the tax imposed by TMC Chapter 3.26, any person whose value of products, gross proceeds of sales, or gross income of the business, subject to 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 CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 10 of 20 204 Director. The gross receipts and deduction amounts shall be entered on the tax return even though no tax may be due. 2. Notwithstanding subsection (D)(1) of this section, the Director may assign a nonreporting status and relieve any person of the requirement to file returns if the person's value of products, gross proceeds of sales, or gross income of the business subject to tax after allowable deductions does not exceed $750,000 per calendar year. 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 period shall be included unless it is a Saturday, Sunday, or City or Federal legal holiday, in which case the last day of such period shall be the next succeeding day which is neither 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 notify the taxpayer 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 5. TMC Section 3.27.140 Amended. Ordinance No. 2689 §33, as codified at TMC Section 3.27.140, is hereby amended to read as follows: 3.27.140 Administrative Appeal A. Correction of tax. Any person, except one who has failed to comply with TMC Section 3.27.060, aggrieved by the amount of the tax, penalty, or interest assessed by the Director pursuant to this chapter, or by the denial of a refund by the Director, may request a correction and conference for review of the assessment or denial of a refund. Such request must be made within 30 calendar days from the date on which such person was issued notice of the assessment or refund denial, or within the period covered by an extension of the due date granted by the Director. The request for correction must state the grounds for the request, including a detailed explanation of why the amount of the tax determined to be due by the Director was incorrect. Interest and penalties shall continue to accrue during the Director's review of a request for a correction, except to the extent that the Director later determines that a tax assessment was too high or the delay in issuing a determination is due to unreasonable delays caused by the Director. The Director shall make a final determination regarding the assessment or refund denial and shall notify the taxpayer of the Director's determination within 60 days after the conference, unless otherwise notified in writing by the Director. Such determination shall be subject to appeal pursuant to subsection (B) of this section. If no request for correction is filed within the time period provided herein, the assessment covered by such notice CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 11 of 20 205 shall become final and immediately due and payable, and no appeal to the hearing examiner shall be allowed. B. Appeal. The appellant, if aggrieved by the decision of the Director issued under subsection A of this section, may then appeal to the City Hearing Examiner within 30 calendar days of the date the administrative decision is mailed to the appellant. If no appeal is filed within the time period provided herein, the assessment covered by such notice shall become final and immediately due and payable. No refund request may be made for the audit period covered in that assessment. Failure to follow the appeal procedures in this section shall preclude the taxpayer's right to appeal. The notice of appeal must be accompanied by an Appeal Fee in the amount of $300 and must contain the following information in writing: 1. The name and address of the taxpayer; 2. A statement identifying the determination of the Director from which the appeal is taken; 3. A statement setting forth the grounds upon which the appeal is taken and identifying specific errors the Director is alleged to have made in making the determination; and 4. A statement identifying the requested relief from the determination being appealed. C. Upon timely filing of a notice of appeal, the 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 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. F. Interest and/or penalties shall continue to accrue on all unpaid amounts, in accordance with TMC 3.27.090 and 3.27.110, notwithstanding the fact that an appeal has been filed. If the hearing examiner determines that the taxpayer is owed a refund, such refund amount shall be paid to the taxpayer in accordance with TMC 3.27.100. Section 6. Regulations Established. A new TMC Section 3.27.145 is hereby established to read as follows: CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 12 of 20 206 3.27.145 Judicial review of administrative appeal decision After first exhausting the right of administrative appeal set forth in this chapter, the taxpayer or the City may obtain judicial review of the hearing examiner's administrative decision by applying for a writ of review in the King County superior court, in accordance with the procedure set forth in Chapter 7.16 RCW, other applicable law, and court rules, within 21 calendar days of the date of the decision of the hearing examiner. The City shall have the same right of review from the administrative decision of the hearing examiner as does a taxpayer. The decision of the hearing examiner shall be final and conclusive unless review is sought in compliance with this section. Section 7. Regulations Established. A new TMC Section 3.27.180 is hereby established to read as follows: 3.27.180 Director to make rules The Director shall have the power, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with law for the purpose of carrying out the provisions of this chapter and it shall be unlawful to violate or fail to comply with, any such rule or regulation. Section 8. Regulations Established. A new TMC Section 3.27.190 is hereby established to read as follows: 3.27.190 Ancillary allocation authority of Director The Director is authorized to enter into agreements with other Washington cities which impose an eligible gross receipts tax: 1. To conduct an audit or joint audit of a taxpayer by using an auditor employed by the City of Tukwila, another city, or a contract auditor, provided, that such contract auditor's pay is not in any way based upon the amount of tax assessed; 2. To allocate or apportion in a manner that fairly reflects the gross receipts earned from activities conducted within the respective cities the gross proceeds of sales, gross receipts, or gross income of the business, or taxes due from any person that is required to pay an eligible gross receipts tax to more than one Washington city. 3. To apply the City's tax prospectively where a taxpayer has no office or place of business within the City and has paid tax on all gross income to another Washington city where the taxpayer is located; provided that the other city maintains an eligible gross receipts tax, and the income was not derived from contracts with the City. Section 9. Regulations Established. A new TMC Section 3.27.200 is hereby established to read as follows: 3.27.200 Mailing of notices Any notice required by this chapter to be mailed to any taxpayer or licensee shall be sent by ordinary mail, addressed to the address of the taxpayer or licensee as shown by the CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 13 of 20 207 records of the Director. Failure of the taxpayer or licensee to receive any such mailed notice shall not release the taxpayer or licensee from any tax, fee, interest, or any penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this chapter. It is the responsibility of the taxpayer to inform the Director in writing about a change in the taxpayer's address. Section 10. Regulations Established. A new TMC Section 3.27.210 is hereby established to read as follows: 3.27.210 Tax declared additional The tax and any applicable fee levied herein shall be additional to any license fee or tax imposed or levied under any law or any other ordinance of the city of Tukwila except as herein otherwise expressly provided. Section 11. Regulations Established. A new TMC Section 3.27.220 is hereby established to read as follows: 3.27.220 Public disclosure — Confidentiality — Information sharing A. For purposes of this section: 1. "Disclose" means to make known to any person in any manner whatever a return or tax information. 2. "Return" means a tax or information return or claim for refund required by, or provided for or permitted under, the Tukwila Municipal Code, which is filed with the Director, on behalf of, or with respect to a person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists that are supplemental to, or part of, the return so filed; 3. "Tax information" means: a. A taxpayer's identity; b. The nature, source, or amount of the taxpayer's income, payments, receipts, deductions, exemption, credits, assets, liability, net worth, tax liability deficiencies, over -assessments, or tax payments, whether taken from the taxpayer's books and records or any other source; c. Whether the taxpayer's return was, is being, or will be examined or subject to other investigation or processing; or d. Other data received by, recorded by, prepared by, or provided to the City with respect to the determination or the existence, or possible existence, of liability, or the amount thereof, of a person under Chapter 3.26 TMC for a tax, penalty, interest, fine, forfeiture, or other imposition, or offense. However, data, material, or documents that do not disclose information related to a specific or identifiable taxpayer do not constitute tax information under this section. Nothing in this chapter requires any person possessing data, material, or documents made confidential and privileged by this section to delete information from such data, material, or documents so as to permit its disclosure. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 14 of 20 208 3. "City agency" means every city office, department, division, bureau, board, commission, or other city agency. 4. "Taxpayer identity" means the taxpayer's name, address, telephone number, registration number, or any combination thereof, or any other information disclosing the identity of the taxpayer. B. Returns and tax information are confidential and privileged, and except as authorized by this section, neither the director nor any other person may disclose any return or tax information. C. This section does not prohibit the Director from: 1. Disclosing such return or tax information in a civil or criminal judicial proceeding or an administrative proceeding: a. In respect of any tax imposed under Chapter 3.26 TMC if the taxpayer or its officer or other person liable under this title is a party in the proceeding; or b. In which the taxpayer about whom such return or tax information is sought and another state agency are adverse parties in the proceeding; 2. Disclosing, subject to such requirements and conditions as the Director prescribes by rules adopted pursuant to TMC 3.27.180, such return or tax information regarding a taxpayer to such taxpayer or to such person or persons as that taxpayer may designate in a request for, or consent to, such disclosure, or to any other person, at the taxpayer's request, to the extent necessary to comply with a request for information or assistance made by the taxpayer to such other person. However, tax information not received from the taxpayer must not be so disclosed if the Director determines that such disclosure would compromise any investigation or litigation by any federal, state, or local government agency in connection with the civil or criminal liability of the taxpayer or another person, or that such disclosure would identify a confidential informant, or that such disclosure is contrary to any agreement entered into by the City that provides for the reciprocal exchange of information with other government agencies which agreement requires confidentiality with respect to such information unless such information is required to be disclosed to the taxpayer by the order of any court; 3. Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof; 4. Disclosing such return or tax information, for official purposes only, to the mayor or city attorney, or to any city agency, or to any member of the city council or their authorized designees dealing with matters of taxation, revenue, trade, commerce, the control of industry, or the professions; 5. Permitting the city's records to be audited and examined by the proper state officer, his or her agents, and employees; 6. Disclosing any such return or tax information to a peace officer as defined in RCW 9A.O4.11O or county prosecuting attorney, for official purposes. The disclosure may be made only in response to a search warrant, subpoena, or other court order, unless the CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 15 of 20 209 disclosure is for the purpose of criminal tax enforcement. A peace officer or county prosecuting attorney who receives the return or tax information may disclose that return or tax information only for use in the investigation and a related court proceeding, or in the court proceeding for which the return or tax information originally was sought or where otherwise allowed to be disclosed under this section; 7. Disclosing any such return or tax information to the proper officer of the Internal Revenue Service of the United States, the Canadian government or provincial governments of Canada, or to the proper officer of the tax department of any state or city or town or county, for official purposes, but only if the statutes of the United States, Canada or its provincial governments, or of such other state or city or town or county, as the case may be, grants substantially similar privileges to the proper officers of the city; 8. Disclosing any such return or tax information to the United States Department of Justice, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Defense, the Immigration and Customs Enforcement and the Customs and Border Protection Agencies of the United States Department of Homeland Security, the United States Coast Guard, the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of Treasury, and the United States Department of Transportation, or any authorized representative of these federal agencies or their successors, for official purposes; 9. Publishing or otherwise disclosing the text of a written determination designated by the director as a precedent pursuant to RCW 82.32.410; 10. Disclosing, in a manner that is not associated with other tax information, the taxpayer name, entity type, business address, mailing address, revenue tax registration numbers and the active/closed status of such registrations, state or local business license registration identification and the active/closed status and effective dates of such licenses, reseller permit numbers and the expiration date and status of such permits, North American Industry Classification System or Standard Industrial Classification code of a taxpayer, and the dates of opening and closing of business. Except that this subsection may not be construed as giving authority to the city or any recipient to give, sell, or provide access to any list of taxpayers for any commercial purpose; 11. Disclosing such return or tax information that is also maintained by another Washington State or local governmental agency as a public record available for inspection and copying under the provisions of Chapter 42.56 RCW or is a document maintained by a court of record and is not otherwise prohibited from disclosure; 12. Disclosing such return or tax information to the United States Department of Agriculture, or successor department or agency, for the limited purpose of investigating food stamp fraud by retailers; 13. Disclosing to a financial institution, escrow company, or title company, in connection with specific real property that is the subject of a real estate transaction, current amounts due the city for a filed tax warrant, judgment, or lien against the real property; 14. Disclosing to a person against whom the director has asserted liability as a successor under TMC 3.27.130 return or tax information pertaining to the specific business of the taxpayer to which the person has succeeded; CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 16 of 20 210 15. Disclosing real estate excise tax affidavit forms filed under Chapter 3.60 TMC in the possession of the city, including real estate excise tax affidavit forms for transactions exempt or otherwise not subject to tax; 16. Disclosing such return or tax information to the court or hearing examiner in respect to the city's application for a subpoena if there is probable cause to believe that the records in possession of a third party will aid the director in connection with its official duties under this title or a civil or criminal investigation. D. The Director may disclose return or taxpayer information to a person under investigation or during any court or administrative proceeding against a person under investigation as provided in this subsection (D). 1. The disclosure must be in connection with the Director's official duties under TMC Title 3, or a civil or criminal investigation. The disclosure may occur only when the person under investigation and the person in possession of data, materials, or documents are parties to the return or tax information to be disclosed. The Director may disclose return or tax information such as invoices, contracts, bills, statements, resale or exemption certificates, or checks. However, the Director may not disclose general ledgers, sales or cash receipt journals, check registers, accounts receivable/payable ledgers, general journals, financial statements, expert's workpapers, income tax returns, state tax returns, tax return workpapers, or other similar data, materials, or documents. 2. Before disclosure of any tax return or tax information under this subsection (D), the Director must, through written correspondence, inform the person in possession of the data, materials, or documents to be disclosed. The correspondence must clearly identify the data, materials, or documents to be disclosed. The Director may not disclose any tax return or tax information under this subsection (D) until the time period allowed in subsection (D)(3) of this section has expired or until the court has ruled on any challenge brought under subsection (D)(3) of this section. 3. The person in possession of the data, materials, or documents to be disclosed by the director has 20 days from the receipt of the written request required under subsection (D)(2) of this section to petition the superior court of the county in which the petitioner resides for injunctive relief. The court must limit or deny the request of the Director if the court determines that: a. The data, materials, or documents sought for disclosure are cumulative or duplicative, or are obtainable from some other source that is more convenient, less burdensome, or less expensive; b. The production of the data, materials, or documents sought would be unduly burdensome or expensive, taking into account the needs of the director, the amount in controversy, limitations on the petitioner's resources, and the importance of the issues at stake; or c. The data, materials, or documents sought for disclosure contain trade secret information that, if disclosed, could harm the petitioner. CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 17 of 20 211 4. The Director must reimburse reasonable expenses for the production of data, materials, or documents incurred by the person in possession of the data, materials, or documents to be disclosed. 5. Requesting information under subsection (D)(2) of this section that may indicate that a taxpayer is under investigation does not constitute a disclosure of tax return or tax information under this section. E. Service of a subpoena issued by the court or by a hearing examiner does not constitute a disclosure of return or tax information under this section. Notwithstanding anything else to the contrary in this section, a person served with a subpoena issued by the court or by the hearing examiner may disclose the existence or content of the subpoena to that person's legal counsel. F. Any person acquiring knowledge of any return or tax information in the course of his or her employment with the City and any person acquiring knowledge of any return or tax information as provided under subsection ©(4), (5), (6), (7), (8), (9), or (11) of this section, who discloses any such return or tax information to another person not entitled to knowledge of such return or tax information under the provisions of this section, is guilty of a misdemeanor. If the person guilty of such violation is an officer or employee of the state, such person must forfeit such office or employment and is incapable of holding any public office or employment in this city for a period of two years thereafter. Section 12. Regulations Established. A new TMC Section 3.27.230 is hereby established to read as follows: 3.27.230 Tax constitutes debt Any applicable fee or tax due and unpaid under this chapter, and all interest and penalties thereon, shall constitute a debt to the city of Tukwila and may be collected in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. Section 13. Regulations Established. A new TMC Section 3.27.240 is hereby established to read as follows: 3.27.240 Unlawful actions — Violation - Penalties A. It shall be unlawful for any person subject to the tax, fee, or registration provisions of this chapter: 1. To violate or fail to comply with any of the provisions of this chapter or any lawful rule or regulation adopted by the director; 2. To make any false statement on any license or registration application or tax 3. To aid or abet any person in any attempt to evade payment of a license, or fee, 4. To fail to appear or testify in response to a subpoena; return; or tax; CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 18 of 20 212 5. To testify falsely in any investigation, audit, or proceeding conducted pursuant to this chapter. B. Violation of any of the provisions of this chapter is a gross misdemeanor. Any person convicted of a violation of this chapter may be punished by a fine not to exceed $1,000, imprisonment not to exceed one year, or both fine and imprisonment. Penalties or punishments provided in this chapter shall be in addition to all other penalties provided by law. C. Any person, or officer of a corporation, convicted of continuing to engage in business after the revocation of a registration certificate shall be guilty of a gross misdemeanor and may be punished by a fine not to exceed $5,000, or imprisonment not to exceed one year, or both fine and imprisonment. Section 14. Regulations Established. A new TMC Section 3.27.245 is hereby established to read as follows: 3.27.245 Suspension or revocation of business license The Director shall have the power and authority to suspend or revoke any license issued under the provisions of TMC 5.04 if the licensee has failed to comply with the provisions of this chapter and Chapter TMC 3.26 (business and occupation tax). Such suspension or revocation shall follow the same procedure as provided in TMC 5.04.110 and TMC 5.04.112. Section 15. Regulations Established. A new TMC Section 3.27.250 is hereby established to read as follows: 3.27.250 Closing agreement provisions The Director may enter into an agreement in writing with any person relating to the liability of such person in respect of any tax imposed by any of the chapters within this title and administered by this chapter for any taxable period(s). Upon approval of such agreement, evidenced by execution thereof by the director and the person so agreeing, the agreement shall be final and conclusive as to the tax liability or tax immunity covered thereby, and, except upon a showing of fraud or malfeasance, or misrepresentation of a material fact: A. The case shall not be reopened as to the matters agreed upon, or the agreement modified, by the director or the taxpayer; and B. In any suit, action or proceeding, such agreement, or any determination, assessment, collection, payment, abatement, refund, or credit made in accordance therewith, shall not be annulled, modified, set aside, or disregarded. Section 16. Regulations Established. A new TMC Section 3.27.255 is hereby established to read as follows: CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 19 of 20 213 3.27.255 Charge -off of uncollectible taxes The Director may charge off any tax, penalty, or interest that is owed by a taxpayer, if the Director reasonably ascertains that the cost of collecting such amounts would be greater than the total amount that is owed or likely to be collected from the taxpayer. Section 17. 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 18. 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 19. 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 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 , 2023. 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 CC: Legislative Development\Amendments to B&O Tax 11-28-23 A. Schierenbeck A. Youn Page 20 of 20 214 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: 3.26.050 Imposition (2) The gross receipts tax imposed in this section shall not apply to any of the tax — tax or fee levied. 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. 3.26.090 • Nonprofit organizations exempt from federal income tax under Exemptions. 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. • Adult family homes. • Health maintenance organization, health care service contractor, certified health plan. • International banking facilities • Real estate brokers and associated brokers, agents, or salesmen. • Ride sharing. • Credit unions. • Farmers — Agriculutre. • Certain corporations furnishing aid and relief. • Certain fraternal and beneficiary organizations. • Operation of sheltered workshops. • Nonprogfit organizations — Credit and debt services. • Nonprofit organizations that are guarantee agencies, issue debt, or provide guarantees for student loans. 215 B&O TAX PROVISION: Summary of Change from Model B&O Tax Ordinance: 3.26.100 Deductions • Compensation from public entities for health or social welfare services. • Membership fees and certain services by nonprofit youth organization. • Initiation fees, dues, and certain charges received by nonprofit organization. • Artistic and cultural organizations. • Interest on obligations of the state, its political subdivisions, and municipal corporations. • Interest on loans to farmers and ranchers, producers, or harvesters of aquatic products, or their cooperatives. • Repair, maintenance, or replacement of residential structures and commonly held property by eligible organizations. • Certain advertising revenue by radio and television broadcasters. 3.27.150 Hardship Appeal Procedure The Director shall develop a financial hardship appeal procedure by January 1, 2024. 3.27.160 Stakeholder Involvement The City shall develop a stakeholder committee that includes members of the business community to advise the Director and City on the long-term financial sustainability of the City. This effort shall include a review of the appropriate levels of taxation of businesses within the City and will culminate before the 2025-2026 Biennial Budget process to inform the Council of any recommended changes to revenue sources for the coming biennium. 3.27.170 Review and Reporting Provisions A. The City shall undertake a regular review of the Business and Occupation Tax as codified in TMC Chapter 3.26. During the 2023- 2024 biennium, this review will occur through the stakeholder process identified in TMC Section 3.27.160. Beginning in the 2025-2026 biennium, the review shall occur in odd -numbered years to inform the budget process that commences the following year. B. The Director and Police Chief shall provide quarterly reports to the Council on public safety funding associated with the Business and Occupation Tax. 216 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/4/23 DR ITEM INFORMATION ITEM No. 7.D. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 12/4/23 AGENDA ITEM TITLE Grant Acceptance: King County Best Start for Kids Levy Capital Grant CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12/4/23 ❑ Resolution Mtg Date ❑ Ordinance Mfg Date ❑ Bid Award Aitg Date ❑ Public Hearing Mtg Date ❑ Other !Wig Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ® P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The City of Tukwila Parks & Recreation department has been awarded a $500,000 grant from King County to be used towards the Tukwila Community Center HVAC Replacement Project. This grant's amount requires council approval before it may be officially accepted and the relevant contracts executed. Staff request council forward the grant for approval at the December 4th City of Tukwila City Council Regular Meeting. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/27/23 COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation Department COMMITTEE Unanimous approval; Forward to next Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: TBD Comments: Grant is a reimbursement grant, city will need to determine initial fund paying costs MTG. DATE RECORD OF COUNCIL ACTION 12/4/23 MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum dated 11/16/23 King County Housing & Community Developlment Contract Template City of Tukwila Parks & Recreation Critical Facility Rehabilitation Exhibit Grant RFP Overview (Pages 4-6 of 19) Minutes from the 11/27 CSS Committee meeting 217 218 City of Tukwila Allan Ekberg, Mayor Parks & Recreation Department - Pete Mayer, Director INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: David Rosen, Parks & Recreation Analyst DATE: November 16th, 2023 SUBJECT: Grant Acceptance: King County Best Start for Kids Levy Capital Grant ISSUE The City of Tukwila Parks & Recreation department has been awarded a $500,000 grant from King County to be used towards the Tukwila Community Center HVAC Replacement Project. This grant's amount requires council approval before it may be officially accepted and the relevant contract executed. BACKGROUND The Tukwila Community Center, which serves as the city's primary recreation center and headquarters for the Parks & Recreation Department, still utilizes its original HVAC system and components from its construction in 1997. Additionally, the gymnasium lacks a cooling system, inhibiting the ability to serve as an emergency shelter, particularly as a temporary cooling shelter during periods of extreme heat. Overall, the TCC HVAC system is nearing obsolescence and must be replaced to maintain operational readiness for both day-to-day and emergency operations. To assist with this project, city staff retained the services of McKinstry (Contract 23-087) after a competitive RFQ process was conducted in May of 2023. McKinstry was tasked with assessing the current system, studying potential replacement options, and assisting in the identification of additional funding sources that could be used towards the project. The city team working on the project includes staff from the Public Works and Parks & Recreation departments as well as the Mayor's Office. Steps taken for the project so far include: 1. Initial study of TCC's HVAC systems, building schematics, and operational status by McKinstry as part of their scope of work under Contract 23-087 2. Execution of an Interagency Agreement with the Washington Department of Enterprise Services (DES) to utilize their Energy Service Procurement Contracting program 3. Anticipated execution (11/20 Regular Council Meeting) of an agreement for McKinstry to perform an Investment Grade Audit of the two project options currently proposed DISCUSSION Current project options proposed for study under the Investment Grade Audit include a like -for -like replacement of the current HVAC system (Option A) or installation of new Air Source Heat Pumps with backup boiler heat (Option B). Current statistics for these two options are as follows: Option Full Cost Annual Electric Annual Natural Annual Utility Annual CO2 Savings Gas Savin • s Cost Savings Savings' A $3.09M - $3.86M 109,072 kWh 11,374 therms $24,095 107.5 metric tons B $4.21 M - $5.26M 54,782 kWh 16,827 therms $24,988 112.9 metric tons Per the US Environmental Protection Agency Greenhouse Gases Equivalencies Calculator Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 219 City staff continue to work with McKinstry and DES to identify and seek additional funding sources that can offset the project's costs. At this time, funding sources committed, secured, and/or awarded for the project include: Source Amount WA State Appropriation (Department of Commerce) $773,000 King County Best Starts for Kids Capital Grant $500,000 City General Fund (000 $100,000 City General Gov Facilities Improvement Fund (303 $100,000 $1,473,000 FINANCIAL IMPACT This is a reimbursement grant, meaning funding will only be received after the relevant costs are incurred in execution of the project. Staff will work with the City's Finance Department to determine which fund will incur the initial expenses to be reimbursed. In summary, the acceptance of this grant will create no net outflow of resources from any city fund. RECOMMENDATION City staff recommend the committee forward this grant for approval to the December 4' Regular Council Meeting unfinished business agenda. ATTACHMENTS A --- King County Housing & Community Development Contract Template B --- City of Tukwila Parks & Recreation Critical Facility Rehabilitation Exhibit C --- Grant RFP Overview (Pages 4-6 of 19) Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 220 Contractor Project Title Contract Amount $ Contract Start Date: L.4 King County Department of Community and Human Services Community Services Division Housing and Community Development Section (206) 263-9105 TTY Relay: 711 Termination Date (where applicable): UEI No. (if applicable) Federal Taxpayer ID No. Contract End Date SAM No. (if applicable) KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT— 2023/24 THIS CONTRACT No. is entered into by KING COUNTY, a political subdivision of the State of Washington (the "County"), and , (the "Contractor"), whose address is . Use of the term "Contractor" in this Contract is for ease of reference only and in no respect signifies that the party is a "Contractor" as described in 2 CFR 200.331. WHEREAS, the County desires to award certain funds to the Contractor for use as described in this Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as applicable under State laws, and/or adopted County ordinances; WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County to undertake such eligible activities, so long as the requirements of State law, and County ordinances, each as applicable, are adhered to as provided for herein; WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and regulations that pertain to the funds awarded in this Contract; WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of the following: County ordinance Revised Code of Washington (RCW) Chapter 39.34, RCW Chapter 35.21.730 et seq., the Constitution and the enabling laws of the State of Washington; NOW, THEREFORE, for and in consideration of payments, covenants, and is hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree to abide by the provisions of this Contract. @ContractorNameHere Page 1 of 32 2023/2024 Contract - @CN1 221 INDEX TO CONTRACT 1. SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS 3 2. DURATION OF CONTRACT 3 3. TERM OF COMPLIANCE - for capital projects 4 4. FUTURE SUPPORT 4 5. COMPENSATION AND METHOD OF PAYMENT 4 6. BUDGET 5 7. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP 5 8. CONTRACT AMENDMENTS 6 9. INTERNAL CONTROL, ACCOUNTING SYSTEM AND FINANCIAL REPORT SUBMISSION 6 10. MAINTENANCE OF RECORDS 7 11. EVALUATIONS AND INSPECTIONS 8 12. PROPRIETARY RIGHTS 8 13. CORRECTIVE ACTION 9 14. ASSIGNMENT 10 15. TERMINATION 10 16. ENTIRE CONTRACT/WAIVER OF DEFAULT 11 17. HOLD HARMLESS AND INDEMNIFICATION 11 18. INSURANCE REQUIREMENTS - GENERAL 13 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY 18 20. SUBCONTRACTS AND PURCHASES 21 21. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES Error! Bookmark not defined. 22. CONFLICT OF INTEREST 22 23. BOARD OF DIRECTORS 24 24. CONFIDENTIALITY 24 25. PERSONAL INFORMATION - NOTICE OF SECURITY BREACH 24 26. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) 25 27. NOTICES 28 28. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY 28 29. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION 28 30. POLITICAL ACTIVITY PROHIBITED28 31. FORCE MAJEURE 28 32. MISCELLANEOUS PROVISIONS . Error! Bookmark not defined. 33. AFFIRMATIVE MARKETING Error! Bookmark not defined. 34. ACCESSIBILITY FOR CAPITAL PROJECTS Error! Bookmark not defined. 35. LABOR STANDARDS . Error! Bookmark not defined. 36. EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS Error! Bookmark not defined. 37. NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING 29 38. SUPPLANTING Error! Bookmark not defined. 39. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL REQUIREMENTS Error! Bookmark not defined. 40. CONSTITUTIONAL PROHIBITION Error! Bookmark not defined. 41. PROMISSORY NOTE, DEED OF TRUST AND COVENANT 30 42. ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS 30 43. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS 30 44. TAXES AND LICENSES 30 45. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL PROJECTS 31 222 Page 2 of 32 2023/2024 Contract - EXHIBITS ATTACHED HERETO Exhibit Name Amount Fund Source GENERAL TERMS AND CONDITIONS 1. SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS A. Scope The Contract between the parties shall consist of the signature page, each Program/Project Exhibit and any attachments thereto incorporated into the Contract, all matters and laws incorporated by reference herein, and any written amendments made in accordance with the provisions contained herein. The exhibits attached to this Contract are hereby incorporated by this reference. This Contract supersedes any and all former agreements regarding projects described in the attached Project/Program Exhibit(s). If there is a conflict between any of the language in any attachment to a Project/Program Exhibit and any language in this Contract or other exhibit, the language in the Project/Program Exhibit attachment shall control. If there is a conflict between any of the language contained in this Contract and any of the language contained in any Project/Program Exhibit (excluding all attachments) in this Contract, the language in this Contract shall control, unless the parties affirmatively agree to the contrary in a writing that has been reviewed and approved by the King County Prosecuting Attorney's Office. This Contract shall govern both: (1) Service Projects (human service, planning, program administration and micro - enterprise or supportive services for the homeless); and (2) Capital Projects (acquisition, improvement, and rehabilitation of real property and construction or reconstruction of public infrastructure). The two types of activities may be included in one Contract as separate Project/Program Exhibit(s) of Services. B. Mandatory Certifications The Contractor certifies that it shall comply with the provisions of Sections 19. Nondiscrimination and Equal Employment Opportunity, 22. Conflict of Interest and 30. Political Activity Prohibited of this Contract. If the Contractor is a municipal corporation (other than King County), or Contractor of the state of Washington, King County Code (KCC) chapters 12.16, 12.17 and 12.18 do not apply to the Contractor, but may apply to any subcontractor of the Contractor. C. Contact Person King County and the Contractor shall each designate a contact person for each Project/Program Exhibit incorporated in this Contract. All correspondence, reports and invoices shall be directed to the designated contact person. This provision does not, however, supplant or override Section 27. Notices. 2. DURATION OF CONTRACT Page 3 of 32 2023/2024 Contract - 223 The terms of this Contract shall be in effect from the Start Date (as defined in the Project/Program Exhibit(s)) or the date of execution of this Contract, whichever is earlier, and shall terminate on the Termination Date specified in each Project/Program Exhibit, unless extended to a later date or terminated earlier, pursuant to the terms and conditions of the Contract. 3. TERM OF COMPLIANCE - for capital projects The Contractor shall own and operate the project during the Compliance Period as defined in the Program/Project Exhibit. 4. FUTURE SUPPORT The County makes no commitment to support the services or project contracted for herein and assumes no obligation for future support of the services or project contracted herein except as expressly set forth in this Contract. 5. COMPENSATION AND METHOD OF PAYMENT The County shall compensate the Contractor only for the approved activities specified in each Project/Program Exhibit and the compensation amount shall not exceed the amount specified in each Project/Program Exhibit. Compensations will be payable in the following manner. A. Start Date and End Date Start Dates and End Dates for individual projects shall be specified in each Project/Program Exhibit. Costs incurred before the Start Date will not be reimbursed. Costs incurred after the End Date will not be reimbursed. B. Submission of Invoices, Supporting Documentation and Reports The Contractor shall submit an invoice, supporting documentation for costs claimed in the invoice and all reports as specified in each Project/Program Exhibit or the County may not process the invoice. Supporting documentation for costs claimed in the invoice includes, but is not limited to, purchase orders and bills. The County shall initiate authorization for payment to the Contractor not more than 30 days following the County's approval of a complete and correct invoice, supporting documentation and reports. C. Final Invoice for Service Projects The Contractor shall submit its final invoice for each Project/Program Exhibit providing funding for Service Projects within seven business days after the End Date. The Contractor shall submit all outstanding reports for each Project/Program Exhibit providing funding for Service Projects within 30 business days after the End Date. If the Contractor's final invoices, supporting documentation, and reports are not submitted as required, the County shall be relieved of all liability for payment to the Contractor of the amounts set forth in the final invoice or any subsequent invoice; provided, however, the County may elect to pay any invoice that is not submitted in a timely manner. D. Final Invoice for Capital Projects 224 Page 4 of 32 2023/2024 Contract - Unless provided otherwise in the Project/Program Exhibit(s), the Contractor shall submit its final invoice, supporting documentation, and all outstanding reports for each Project/Program Exhibit providing funding for Capital Projects before the End Date specified in the Project/Program Exhibit(s). If the Contractor's final invoices, supporting documentation, and reports are not submitted as required, the County shall be relieved of all liability for payment to the Contractor of the amounts set forth in the final invoice or any subsequent invoice; provided, however, the County may elect to pay any invoice that is not submitted in a timely manner. E. Unspent Funds (1) After the End Date specified in each Project/Program Exhibit, for individual projects covered by this Contract, the County shall recapture any unexpended funds encumbered under this Contract. (2) During the term of the Contract, the County may, upon agreement with the Contractor, recapture any unexpended funds for reallocation to other Project/Program activities. F. Reimbursement for Travel: The Contractor will not be reimbursed for travel unless otherwise specified within an Exhibit. 6. BUDGET The Contractor shall apply the funds received from the County under this Contract in accordance with each Project/Program Exhibit including a line -item budget, if applicable, set forth in each Project/Program Exhibit and all attachments thereto. The Contractor shall request in writing prior approval from the County to revise the line -item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision and must accompany each request. All budget revision requests in excess of ten percent of a line item amount shall be reviewed and approved or denied by the County in writing. 7. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. Equipment Purchase The Contractor agrees that when Contract funds are used to pay for all or part of the purchase costs of any equipment purchased with Contract funds at a cost of $5,000 per item or more and identified in an exhibit as reimbursable, is upon its purchase or receipt, the property of the Contractor, County, and/or federal, and/or state government, as specified in the exhibit. The Contractor shall be responsible for all proper care and maintenance of the equipment, including securing and insuring such equipment. B. Maintenance of Equipment Page 5 of 32 2023/2024 Contract - 225 The Contractor shall be responsible for all such equipment, including the proper care and maintenance. C. Equipment Returned The Contractor shall ensure that all such equipment shall be returned to the appropriate government agency, whether federal, state or county, upon written request of the County. D. Right of Access The Contractor shall admit the County's Property Management Officer to the Contractor's premises for the purpose of marking such property with appropriate government property tags. E. Maintenance of Records The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract identified funds. 8. CONTRACT AMENDMENTS Either party may request changes or an extension to this Contract. Proposed amendments, which are mutually agreed upon, shall be incorporated by written amendments to this Contract. Budget revisions approved by the County pursuant to Section 6. Budget are not required to be incorporated by written amendment. 9. INTERNAL CONTROL, ACCOUNTING SYSTEM AND FINANCIAL REPORT SUBMISSION A. Internal Control and Accounting The Contractor shall establish and maintain a system of accounting and internal controls that comply with applicable, generally accepted accounting principles and financial and governmental reporting standards as prescribed by the appropriate accounting standards board. B. Financial Report Submission The Contractor is required to submit a financial reporting package as described in subsection (1) through (3), below. All required documentation must be submitted by email to DCHSContracts@kingcounty qov by the stated due date. (1) The Contractor shall submit audited financial statements that are in accordance with the Washington State Auditor's Office requirements. Financial statement audits are due to the County within 150 days after the close of the Contractor's fiscal year end as required by RCW 43.09.230. (2) If the Contractor is not subject to the requirements in subsection (1) the following apply: Entity Type Non -Profit For Profit Page 6 of 32 226 2023/2024 Contract - Gross Revenue Gross Revenue Under $3M on Gross Revenue Over $3M on Gross Revenue Under $3M on Gross Revenue Over $3M on average in the previous three fiscal years. average in the previous three fiscal years. average in the previous three fiscal years. average in the previous three fiscal years. Required Form 990 Audited financial • Income tax Audited financial Documentation within 30 days statements return; and statements of its being prepared by an • A full set of prepared by an filed; and independent annual internal independent A full set of Certified Public financial Certified Public annual internal Accountant or statements Accountant or financial statements Accounting Firm Accounting Firm Due Date Within 30 Within 9 months Within 30 Within 9 months calendar days following the close calendar days following the from the forms of the Contractor's from the forms close of the being filed. fiscal year. being filed. Contractor's fiscal year. C. Waiver A Contractor that is not subject to the requirements in subsection A may, in extraordinary circumstances, request, and in the County' sole discretion be granted, a waiver of the audit requirements. Such requests are made to the County at: DCHSContracts@kingcounty.gov for review. If approved by the County, the Contractor may substitute for the above requirements other forms of financial reporting or fiscal representation certified by the Contractor's Board of Directors, provided the Contractor meets the following criteria: (1) Financial reporting and any associated management letter show no reportable conditions or internal control issues; and (2) There has been no turnover in key staff since the beginning of the period for which the financial reporting was completed. D. Municipal Corporations If the Contractor is a municipal corporation in the state of Washington, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within 30 days of receipt, which submittal shall constitute compliance with Section 9. Internal Control, Accounting Systems and Audits. 10. MAINTENANCE OF RECORDS A. Scope of Records The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records specified in each Project/Program Exhibit or otherwise the County may deem necessary accounting and compliance with this Contract. B. Time for Retention of Records Page 7 of 32 2023/2024 Contract - 227 Records required to be maintained in subsection A. above shall be maintained for a period of six years after the termination or expiration of this Contract, unless a different period for records retention is specified in the Project/Program Exhibit. C. Location of Records/Notice to County The Contractor shall inform the County in writing of the location, if different from the Contractor address listed on page one of this Contract, of the aforesaid books, records, documents and other evidence within ten working days of any such relocation. 11. EVALUATIONS AND INSPECTIONS A. Right of Access to Facilities for Inspection of Records The Contractor shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the activities funded under this Contract. The County shall give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. B. Time for Inspection and Retention The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after the termination date, unless a different period is specified in the Project/Program Exhibit or attachment or a longer retention period is required by law. C. Agreement to Cooperate The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. 12. PROPRIETARY RIGHTS A. Ownership Rights of Materials Resulting from Contract: Except as indicated below or as described in an Exhibit, the parties to this Contract hereby agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. To the extent that any rights in such materials vest initially with the Contractor by operation of law or for any other reason, the Contractor hereby perpetually and irrevocably assigns, transfers and quitclaims such rights to the County. The County agrees to and does hereby grant to the Contractor a perpetual, irrevocable, nonexclusive, and royalty -free license to use and create derivative works, according to law, any material or article and use any method that may be developed as part of the work under this Contract. B. Ownership Rights of Previously Existing Materials: Page 8 of 32 2023/2024 Contract - 228 The Contractor shall retain all ownership rights in any pre-existing patentable or copyrightable materials or articles that are delivered under this Contract, but do not originate from the work described herein. The Contractor agrees to and does hereby grant to the County a perpetual, irrevocable, nonexclusive, and royalty -free license to use and create derivative works, according to law, any pre-existing material or article and use any method that may be delivered as part of the work under this Contract. C. Continued Ownership Rights: The Contractor shall sign all documents and perform other acts as the County deems necessary to secure, maintain, renew, or restore the rights granted to the County as set forth in this section. 13. CORRECTIVE ACTION If the County determines that the Contractor failed to comply with any material terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services (each a "breach"), and if the County determines that the breach warrants corrective action, the following procedure shall apply. A. Written Notification The County shall notify the Contractor in writing of the nature of the breach. B. Contractor's Correction Plan The Contractor shall respond with a written corrective action plan within ten working days of its receipt of such notification unless the County, at its sole discretion, extends in writing the response time. The plan shall indicate the steps being taken to correct the specified breach and shall specify the proposed completion date for curing the breach. This date shall not be more 30 days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension to complete the corrective actions C. County's Determination of Corrective Action Plan Sufficiently The County will determine the sufficiency of the Contractor's proposed corrective action plan, then notify the Contractor in writing of that determination. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County. D. Termination or Suspension of Contract If the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County terminate or suspend this Contract in whole or in part pursuant to Subsection 15. Termination Subsection B. E. County Withholding of Payment In addition, the County may withhold any payment to the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed. Page 9 of 32 2023/2024 Contract - 229 F. No Waiver of Other Remedies Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 15. Termination or other remedies authorized by law. 14. ASSIGNMENT The Contractor shall not assign, transfer or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the prior written consent of the County. Additional terms for County consent to such assignment, transfer or subcontract may be described in a Project/Program Exhibit and, where expressly specified in the Project/Program Exhibit, shall supersede the requirements and limitations of this Section 14. Said consent must be sought in writing by the Contractor not less than 15 business days prior to the date of any proposed assignment, transfer or subcontract. The Contractor shall deliver to the County with its request for consent, such information regarding the proposed assignee, transferee or subcontractee, including its proposed mission, legal status, and financial and management capabilities as is reasonably available to the Contractor. Within 15 days after such request for consent, King County may reasonably request additional available information on the proposed assignee, subcontractee or transferee. If the County shall give its consent, this section shall nevertheless continue in full force and effect. Any assignment, transfer or subcontract without prior County consent shall be void. 15. TERMINATION (1) This Contract may be terminated by the County without cause, in whole or in part, prior to the termination date specified in the Project/Program Exhibit, by providing the Contractor 30 days advance written notice of the termination. (2) In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in the Project/Program Exhibit, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. (3) If the Contract is terminated as provided above: a) The County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and b) The Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. B. Termination for Cause (1) The County may terminate this Contract, in whole or in part, upon seven days advance written notice to the Contractor: a) The Contractor breaches any duty, obligation, or service required pursuant to this Contract and either (a) the corrective action process described in Section 10 fails to cure the breach or (b) the County determines; or Page 10 of 32 2023/2024 Contract - 230 b) The duties, obligations, or services required herein become impossible, illegal or not feasible. (2) If the County terminates the Contract pursuant to this Section 15. Termination, Subsection B. the Contractor shall be liable for damages, including any additional costs of procuring similar services from another source. (3) If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, that have been paid to the Contractor by the County. (4) If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II. Duration of Contract, the County may, upon seven business days advance written notice to the Contractor, terminate this Contract in whole or in part. (5) If the Contract is terminated as provided in this subsection: a) The County shall be liable only for payment in accordance with the terms of this Contract for services rendered and authorized purchase made prior to the effective date of termination; and b) The Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. (6) Funding or obligation under this Contract is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. If such appropriation is not approved, this Contract shall terminate at the close of the current appropriation. C. Non -Waiver of Rights Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or by law or in equity that either party may have if any of the obligations, terms and conditions set forth in this Contract are breached by the other party. 16. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract, including all exhibits and addenda hereto, is the complete expression of the described subject matter, and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract 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 Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. 17. INDEPENDENT CONTRACTOR A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial Page 11 of 32 2023/2024 Contract - 231 insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. B. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. 18. HOLD HARMLESS AND INDEMNIFICATION A. The Contractor agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract. B. To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. In addition, the Contractor shall protect and assume the defense of the County and its officers, agents and employees in all legal or claim proceedings arising out of, in connection with, or incidental to its indemnity obligation; and shall pay all defense expenses, including reasonable attorney's fees, expert fees and costs incurred by the County on account of such litigation or claims. Title 51 RCW. If the County incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. C. To the maximum extent permitted by law, the County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Page 12 of 32 2023/2024 Contract - 232 D. For purposes of this section, claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. E. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. 19. INSURANCE REQUIREMENTS —GENERAL A. Insurance Required The Contractor shall procure and maintain for the term of this Contract, insurance covering King County as an additional insured, as described in this section, against claims which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees and/or contractor/subcontractors. The Contractor or contractor/subcontractor shall pay the costs of such insurance. The Contractor shall furnish separate certificates of insurance and policy endorsements from each of its contractors/subcontractors as evidence of compliance with the insurance requirements of this Contract. Contractor shall provide evidence of the insurance required under this Contract, including a Certificate of Insurance and Endorsements covering King County as additional insured for full coverage and policy limits within 10 business days of signing the contract. Evidence of Insurance and Endorsements shall be submitted by email to DCHSContracts@kingcounty.gov. The Contractor may request additional time to provide the required documents by emailing DCHSContracts@kingcounty.gov. Extensions will be granted at the sole discretion of DCHS. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, contractor/subcontractors, providers and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained in this provision shall affect and/or alter the application of any other provision contained within this Contract. B. Risk Assessment by Contractor By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract, nor Page 13 of 32 2023/2024 Contract - 233 shall such minimum limits be construed to limit the limits available under any insurance coverage obtained by the Contractor. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. C. Minimum Scope of Insurance. Coverage shall be at least as broad as the following: (1) General Liability Insurance Services Office form number (CG 00 01) covering COMMERCIAL GENERAL LIABILITY. (2) Professional Liability, Errors and Omissions Coverage (3) In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require a professional standard of care. Automobile Liability Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. (4) Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. (5) Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. (6) Property Insurance (7) Insurance Services Office form number (CP 00 10), or its substantive equivalent, covering BUILDING AND PERSONAL PROPERTY COVERAGE and Insurance Services Office form number (CP 10 30) CAUSES OF LOSS — SPECIAL FORM or project appropriate equivalent, written on a replacement cost basis is required. Builder's Risk/Installation Floater The Contractor shall procure and maintain during the life of the Contract, or until acceptance of the project by King County, whichever is longer, "All Risk" Builders Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of Loss —Special Form) including coverage for collapse, theft and property in transit. The coverage shall insure for direct physical loss to property of the entire construction project, for one 234 Page 14 of 32 2023/2024 Contract - hundred percent of the replacement value thereof, and include coverage for flood, Earth Movement (including earthquake) and owner -furnished equipment, as applicable. The policy shall be endorsed to cover the interests, as they may appear, of King County, Owner, Contractor and subcontractors of all tiers with King County listed as a Named Insured. In the event of a loss to any or all of the work and/or materials therein and/or to be provided at any time prior to the final close-out of the Contract and acceptance of the project by King County, the Contractor shall promptly reconstruct, repair, replace or restore all work and/or materials so damaged or destroyed. Nothing herein provided for shall in any way excuse the Contractor or its surety from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract. The policy shall include a waiver of subrogation in favor of the County. (8) Contractor's Pollution Liability For work involving the introduction, potential release or exacerbation of hazardous materials or pollutants, Contractor shall provide Contractor's Pollution Liability coverage in the amount of $1,000,000 per occurrence or claim and in the annual aggregate to cover sudden and non -sudden bodily injury and/or property damage to include the destruction of tangible property, loss of use, cleanup costs and the loss of use of tangible property that has not been physically injured or destroyed. Coverage shall include non -owned disposal sites. If asbestos, lead or PCB's are a potential exposure, such insurance shall not exclude pollution arising out of Asbestos, Lead and/or PCB operations. Evidence of Insurance must specifically state that coverage is included. D. Minimum Limits of Insurance —Capital Projects The Contractor shall maintain limits no less than the following: (1) Commercial General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage; and for those policies with aggregate limits, a $2,000,000 aggregate limit. (2) Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the Aggregate. Please note that this coverage is required only in the event that services delivered pursuant to this contract either directly or indirectly involve or require professional services. (3) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage if the use of motor vehicles is contemplated. (4) Contractor's Pollution Liability: $1,000,000 per occurrence or claim and in the aggregate, required only when the scope of work involves the introduction, potential release or exacerbation of hazardous materials or pollutants. (5) Workers' Compensation: Statutory requirements of the state of residency. (6) Stop Gap /Employers Liability: $1,000,000 each occurrence. (7) Property Insurance: One hundred percent replacement value of funded structure. Page 15 of 32 2023/2024 Contract - 235 E. Minimum Limits of Insurance --Building Construction Period Prior to commencement of building construction and until construction is complete and approved by the Contractor, the Contractor shall cause its construction contractor and related professionals (together, "Subcontractors") to procure and maintain insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the activities related to this Contract. The Contractor and County shall be named as additional insureds, for full coverage and policy limits, on liability policies except Workers Compensation and Professional Liability, and as Named Insureds on Builders Risk policies. The cost of such insurance shall be paid by the Contractor and/or any of the Contractor's contractors/ subcontractors. The Contractor shall maintain, or shall cause its Subcontractors to maintain, limits no less than the following: (1) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000,000 in the aggregate. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate. Please note that this coverage is required only in the event that services delivered pursuant to this contract either directly or indirectly involve or require professional services. (4) Builder's Risk Insurance: One hundred percent replacement cost value. (5) Contractor's Pollution Liability: $1,000,000 per occurrence or claim and in the aggregate, required only when the scope of work involves the introduction, potential release or exacerbation of hazardous materials or pollutants. (6) Workers Compensation: Statutory requirements of the State of residency. (7) Stop Gap or Employers Liability Coverage: $1,000,000, each occurence. F. Minimum Limits of Insurance —Services Agreements: The Contractor shall maintain limits no less than the following: (1) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000,000 in the aggregate. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (3) Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate. (4) Workers Compensation: Statutory requirements of the State of Residency. (5) Stop Gap or Employers Liability Coverage: $1,000,000. Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects and Services Contracts. Page 16 of 32 2023/2024 Contract - 236 G. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to, and approved by, the County. The deductible and/or self -insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. H. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: (1) All Liability Policies except Professional and Workers Compensation. a) The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. Such coverage shall include Products -Completed Operations. b) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. c) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (2) Property Coverage Policies a) The County shall be added to all Property Coverage Policies as a loss payee as its interests may appear. b) The County shall be added as a Named Insured as its interests may appear to all Builders Risk policies. (3) All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 30 days prior written notice has been given to the County. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with AM Bests, with minimum surpluses the equivalent of AM Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with AM Bests' rating of B+VII. Any exception must be approved by the County. If, at any time, the foregoing policies shall fail to meet the above requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, Page 17 of 32 2023/2024 Contract - 237 and shall submit the same to the County, with appropriate certificates and endorsements, for approval. J. Verification of Coverage The Contractor shall furnish the County with certificates of insurance and endorsements required by this Contract. 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 certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. If the Agency/Contracting Party is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA) or any other self-insurance risk pool, a written acknowledgement/certification of current membership will be attached to the Agreement as Exhibit I and satisfies the insurance requirements specified above. K. Subcontractors The Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. If the Contractor is relying on the insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract, then such requirements and documentation shall be subject to all of the requirements stated herein. L. Municipal or State Contractor Provisions If the Contractor is a municipal corporation or an agency of the State of Washington and is self -insured for any of the above insurance requirements, a certification of self- insurance shall be provided for the self -insured requirements and attached hereto and be incorporated by reference and shall constitute compliance with this Section. If the certificate of self-insurance does not cover all mandatory requirements, the Contractor shall provide separate certificates and endorsements that document coverage. 20. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Equal Benefits to Employees with Domestic Partners In accordance with King County Code (KCC) Chapter 12.19, as a condition of award of a contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses and employees with domestic partners during the performance of this Contract. Absent authorization for delayed or alternative compliance, failure to comply with this provision shall be considered a material breach of this Contract and may subject the Contractor to administrative sanctions and remedies for breach. When the contract is valued at $25,000 or more, by signing the Contract/Bid Submittal the Contractor is indicating compliance with this requirement or with the terms of an authorization for delayed or alternative compliance Page 18 of 32 2023/2024 Contract - 238 B. Nondiscrimination in Employment Provision of Services To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of this Contract, neither the Contractor nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. C. Nondiscrimination in Subcontracting Practices To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. D. Compliance with Laws and Regulations The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, Presidential Executive Orders and regulations that prohibit discrimination to the extent applicable. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. In addition, King County Code chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code chapters shall specifically apply to this contract, to the full extent applicable. The Contractor shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. E. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities King County encourages the Contractor to utilize small businesses, including Small Contractors and Suppliers (SCS), as defined below, and minority -owned and women - owned business enterprises certified by the Washington State Office of Minority and Women's Business Enterprises (OMWBE) in County contracts. The County encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including SCS firms and minority -owned and women - owned business enterprises: (1) Inquire about King County's Contracting Opportunities Program. King County has established a Contracting Opportunities Program to maximize the participation of SCS in the award of King County contracts. The Program is open to all SCS firms certified by King County Business Development and Contract Compliance (BDCC). As determined by BDCC and identified in the solicitation documents issued by the County, the Program will apply to specific contracts. However, for those contracts not subject to the Program or for which the Contractor elected not to participate in the Program during the solicitation stage, the Contractor is still encouraged to inquire voluntarily about available firms. Program materials, including application forms and a directory of Page 19 of 32 2023/2024 Contract - 239 certified SCS firms, are available at the following Web -site address: http://www.kinqcounty.qov/bdcc. The term "Small Contractors and Suppliers" (SCS) means that a business and the person or persons who own and control it are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Program is set at fifty percent of the Federal Small Business Administration (SBA) small business size standards using the North American Industry Classification System and Owners' Personal Net Worth less than $750,000 dollars. (2) Contact OMWBE to obtain a list of certified minority -owned and women -owned business enterprises by visiting their website at http://www.omwbe.wa.gov/ or by Toll Free telephone (866) 208-1064. (3) Use the services of available community organizations, consultant groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including SCS firms and minority - owned and women -owned business enterprises. F. Equal Employment Opportunity Efforts The Contractor shall undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. The Contractor's equal employment opportunity efforts shall include but not be limited to, the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.j. "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. G. Compliance with Section 504 of the Rehabilitation Act of 1973 as amended (Section 504) and the American Disabilities Act of 1990 as amended (ADA) Pursuant to Title II of the ADA and Section 504, the County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, services and activities to County employees or members of the public under this Contract in the same manner as King County is obligated to under Title II of the ADA, and Section 504 and shall not deny participation or the benefits of such services, programs or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be a material breach of, and grounds for, the immediate termination of this Contract. (1) The Contractor agrees to provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16; and (2) The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities Page 20 of 32 2023/2024 Contract - 240 and services under their contract or agreement, the Contractor shall include the requirement that the subcontractor provide to persons with disabilities access to programs, activities and services provided under the contract or agreement as required by the disability access laws as defined by KCC 12.16, that the subcontractor shall not discriminate against persons with disabilities in providing the work under the Contract and that the subcontractor shall provide that the County is a third party beneficiary to that required provision. H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this section shall be a material breach of contract for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. Fair Housing Protections The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42 USC 3601 et seq.) (the Fair Housing Act). The Contractor shall take necessary and appropriate actions to prevent discrimination in any housing -related project under this Contract, which includes rental housing projects and/or projects that include residential real estate -related transactions, as required by the Federal Fair Housing Act and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential real estate -related transactions include the making or purchasing of loans or the provision of financial assistance secured by real estate, or the making or purchasing of loans or financial assistance for the purchasing, constructing, improving, repairing or maintaining of a dwelling. Rental housing includes any dwelling that is intended for occupancy as a residence for one or more families by lease, sublease or by grant for a consideration of the right to occupy Premises not owned by the occupant. In addition, except for projects located in incorporated jurisdictions, the Contractor shall comply with the applicable provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the King County Code, which prohibits practices of housing discrimination against any person on the basis of age, ancestry, color, disability, marital status, national origin, parental status, possession of Section 8 housing assistance, race, religion, retaliation, sex, and sexual orientation. 21. SUBCONTRACTS AND PURCHASES A. Subcontract Defined "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. B. Writing Required Any work or services assigned or subcontracted hereunder shall be in writing and must be approved by the County as provided in Section 14. Assignment. The rejection or approval by the County of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to the County. Page 21 of 32 2023/2024 Contract - 241 The Contractor agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and their employees and agents, as it is for the acts and omissions of its own employees and agents, as specified in Section 17. Hold Harmless and Indemnification Subsection C. The County has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. C. Required Contract Terms The Contractor shall include the applicable provisions of Sections 18. Insurance Requirements - General, 19. Nondiscrimination and Equal Employment Opportunity and 20. Subcontracts and Purchases in every subcontract or purchase order for goods or services which are paid for in whole or in part with funds provided under this Contract. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services, which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employee, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third -party beneficiary to its Contract with Contractor and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." 22. DEBARMENT AND SUSPENSION CERTIFICATION A. Federal Debarment Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not currently debarred, suspended, or proposed for debarment, by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a person or entity that is debarred, suspended, or proposed for debarment. The Contractor shall notify King County if it, or a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. Debarment status may be verified at https://www.sam.gov/. B. State and Local Debarment Entities may also be debarred, suspended, or proposed for debarment, by the State of Washington and King County. Such entities are excluded from contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not currently debarred, suspended, or proposed for debarment, by either the State of Washington or King County. The Contractor also agrees that it will not enter into a subcontract with a person or entity that is debarred, suspended, or proposed for debarment. The Contractor shall notify King County if it, or a subcontractor, is debarred, suspended, or proposed for debarment, by the State of Washington or King County. Page 22 of 32 2023/2024 Contract - 242 23. CONFLICT OF INTEREST Entering into this Contract with the County requires that the Contractor agree to abide by certain provisions of the King County Employee Code of Ethics, including those relating to conflicts of interest and the employment of current or former County employees. A. The Contractor shall comply with applicable provisions of King County Code (KCC) Chapter 3.04. Failure to comply with such provisions shall be a material breach of Contract and may result in termination of this Contract. Termination and subject the Contractor to remedies stated in this Contract or otherwise available to the County at law or in equity. This section shall not apply to a Contractor that is a municipal corporation which has adopted an employee code of ethics; provided that nothing in this section is intended to contract away such a Contractor's obligation to comply with any KCC Chapter 3.04 provision that applies independent of this Contract. B. No Preferential Treatment The Contractor agrees that it will not attempt to secure preferential treatment in dealings with the County by offering any valuable consideration, thing of value, or gift, whether in the form of services, loan, thing, or promise, in any form, to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph its current contracts with the County shall be cancelled and it shall not be able to bid on any County contract for a period of two years. C. Disclosure of Current and Former County Employees To avoid any actual or potential conflict of interest or unethical conduct: (1) County employees or former County employees are prohibited from assisting with the preparation of proposals or contracting with, influencing, advocating, advising or consulting with a third party, including Contractor, while employed by the County or within one year after leaving County employment if he/she participated in determining the work to be done or processes to be followed while a County employee. (2) Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this Contract may result in termination of this Contract. (3) After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. D. No Conflict of Interest The Contractor shall abide by the provision of 2 CFR § 200.318, and by the following: (1) The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration of contracts supported by funds under this Contract; Page 23 of 32 2023/2024 Contract - 243 (2) No employee, director, officer or agent of the Contractor shall participate in the selection or in the award, or administration of a contract supported by funds under this contract if a conflict of interest, real or apparent, would be involved. By way of example, such a conflict would arise if such a person, or his or her employer, immediate family member or partner has financial or other interest in the entity selected; and (3) The Contractor's officers, employees, and agents must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, the Contractor may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. 24. BOARD OF DIRECTORS A. If the Contractor is incorporated, it must have an active, legally constituted board of directors in accordance with the requirements of RCW Chapters 23B or 24, to the extent applicable. B. The following additional requirements shall apply to the agencies that qualify as non- profit organizations under USC, Title 26, Subtitle A, Chapter 1, Subchapter F, Part 1, Section 501(C)(3). (1) The Contractor shall have a Board of Directors that shall be comprised of neither employees nor relatives of employees, officers, or directors of the Contractor. For the purposes of this section, a relative is defined as husband, wife, father, father-in- law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law, daughter, daughter-in-law, niece, nephew, grandparent, grandchild, uncle, aunt, domestic partner and child of domestic partner. In addition, the relatives of a domestic partner shall be considered relatives to the same extent such relatives would be included in this section, as if the employee and domestic partner were married. (2) The Board of Directors shall meet regularly. (3) The Board of Directors shall cause to be adopted a formal conflict of interest policy for Board members that complies with the applicable provisions of the Internal Revenue Code and its 501(C)(3) status, and addresses issues regarding gifts, financial gain, and improper use of position. 25. CONFIDENTIALITY The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. 26. PERSONAL INFORMATION — NOTICE OF SECURITY BREACH A. If the Contractor maintains computerized or other forms of data that includes personal information owned by the County, the Contractor shall notify the County of any breach of the security of the data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person in accordance with RCW 42.56.590 (2). Page 24 of 32 2023/2024 Contract - 244 B. The Contractor shall provide all information requested by the County including the following in accordance with RCW 42.56.590, KCC 2.14.030, the King County Information Privacy Policy and any other applicable federal, state and local statute: (1) Circumstances associated with the breach; (2) Actions taken by the Contractor to respond to the breach; and (3) Steps the Contractor shall take to prevent a similar occurrence. This information shall be provided in a format requested by the County. C. The County may at its sole discretion, require the Contractor to contact the appropriate law enforcement agency and to provide the County a copy of the report of the investigation conducted by the law enforcement agency. The Contractor shall also provide the County with any information it has regarding the security breach. D. The Contractor shall conspicuously display King County's Privacy Notice and provide a printed copy upon request. E. The Contractor shall be responsible for notifying individuals whose personal information may have become available to unauthorized users through a security breach. The Contractor shall also be responsible for any cost associated with notifying the affected individuals. This notification must be in accordance with RCW 42.56.590 (7). F. If the Contractor demonstrates that the cost of providing notice would exceed $250,000, or that the potentially affected persons exceeds $500,000, or the Contractor does not have sufficient contact information, substitute notice shall consist of the following in accordance with RCW 42.56.590 (7), (c). (1) Email notice when the Contractor has an e-mail address for the subject persons; (2) Conspicuous posting of the notice on the Contractor's web site page, if the Contractor maintains one; and (3) Notification to major County -wide media. G. For purpose of this section, "personal information" means the same as defined in RCW 42.56.590: (1) An individual's first name or first initial and last name in combination with any one of the following data elements, when either the name or the data elements are not encrypted: social security number; driver's license number or Washington identification card number; or (2) Account number or credit or debit card number, in combination with any required security code; access code, or password that would permit access to an individual's financial account. 27. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) Page 25 of 32 2023/2024 Contract - 245 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Contractor (1) The Contractor agrees not to use or disclose protected health information other than as permitted or required by this Contract, HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply to business associates. (2) The Contractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C. The Contractor is directly responsible for compliance with the security provisions of HIPAA and HITECH to the same extent as the County. (3) Within two business days of the discovery of a breach as defined at 45 CFR § 164.402 the Contractor shall notify the County of any breach of unsecured protected health information. The notification shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the Contractor to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; a brief description of what the Contractor is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Contractor for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or postal address; and any other information required to be provided to the individual by the County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as discovered in accordance with the terms of 45 CFR § 164.410. The information shall be updated promptly and provided to the County as requested by the County. (4) The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract or the law. (5) The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident to the County within two days of the Contractor knowledge of such event. (6) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. Page 26 of 32 2023/2024 Contract - 246 (7) The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. (8) The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. (9) The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary of the U.S. Department of Health and Human Services, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with HIPAA, HITECH or this Contract. (10) The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR §164.528. Should an individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164.528, Contractor agrees to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c)(1) and 45 CFR §164.528, of disclosures of protected health information that have been made by the Contractor acting on behalf of the County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County. (11) To the extent the Contractor is to carry out one or more of the covered entity's obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the requirements of Subpart E that apply to the County in the performance of such obligations. B. Permitted Uses and Disclosures by Business Associate The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate HIPAA if done by King County or the minimum necessary policies and procedures of King County. C. Effect of Termination (1) Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from the County or created or received by the Contractor on behalf of the County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. (2) In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. Page 27 of 32 2023/2024 Contract - 247 D. Reimbursement for Costs Incurred Due to Breach Contractor shall reimburse the County, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Contractor. 28. NOTICES Whenever this Contract provides for notice by one party to another, such notice shall be in writing; and directed to each party's contact representative indicated within the contract exhibits. Any time within which a party must take some action shall be computed from the date that said party receives the notice. 29. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY If paper copies are required, and in accordance with KCC 18.20 and King County Executive Policy CON 7-1-2, the Contractor shall use recycled paper for all printed and photocopied documents related to the submission of this solicitation and fulfillment of the Contract and shall, whenever practicable, use both sides of the paper. 30. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder, the Basic Inter Contractor Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. 31. POLITICAL ACTIVITY PROHIBITED A. No Partisan Activity None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 32. FORCE MAJEURE "Force Majeure" means an event or events beyond the parties' reasonable control, incurred not as a product or result of the negligence of the afflicted party, and which have a materially adverse effect on the ability of such party to perform its obligations as detailed in this Contract. Force Majeure events may include, but are not limited to: Acts of God or Nature; war; civil, military, public, or industrial disturbances; acts or threats of terrorism; epidemics, fire, flood or other casualty; labor difficulties, shortages of labor or materials or equipment; government regulations; delay by government or regulatory agencies; shutdowns for purpose of emergency repairs, and/or unusually severe weather. A. No Breach if Force Majeure Applies: Page 28 of 32 2023/2024 Contract - 248 Neither party shall be considered in breach of this Contract to the extent that performance of their respective obligations is prevented by a Force Majeure event upon giving notice and reasonably full particulars to the other party. B. Duty to Minimize Disruption and Give Notice: Parties maintain an express duty to minimize the disruption caused by Force Majeure, and shall, as soon as reasonably practicable, give notice to the other party of the nature and impact of the Force Majeure. Irrespective of any extension of time, if the effect of an event or series of events continues for a period of 180 days, either the County or the Contractor may give to the other a notice of suspension or termination. C. Extension of Time: Should Force Majeure events delay the Contractor's completion of the deliverables and performance commitments, the Contractor may be entitled to an extension for the time for completion. Any extension must be approved in writing by the County. D. Suspending Performance: Should a Force Majeure event prevent the Contractor from completing deliverables or performing commitments in this Contract, the completion or performance shall be suspended only for the time and to the extent commercially practicable to restore normal operations. Further, the Contractor and the County shall endeavor to continue to perform their contractual obligations to the extent reasonably practicable and will work to adjust deliverables or performance commitments as needed to continue the provision of services during the Force Majeure event. Contractor may be reimbursed for any costs incurred mitigating adverse impacts of the Force Majeure and may be compensated for any partial work that has been completed. 33. PREVAILING WAGES AND DEBARMENT Projects that are not subject to Davis -Bacon requirements as set forth in the Funding Source Exhibit, shall pay State residential prevailing wage rates as a minimum. Projects that are subject to State prevailing wage requirements of chapter 39.12 RCW shall pay prevailing wages at or above the applicable State classification rate. The Contractor shall provide annual certification to the County of its compliance with the requirements of this section. The Contractor shall additionally maintain records sufficient to evidence compliance with this section and shall make such records available for the County's review upon request. For the performance of any services or activities described in any Program/Project Exhibit, the Contractor shall make no subcontracts with firms on the Washington State Department of Labor and Industries Debarred Contractor List: https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx 34. NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING No Contractor, developer or sponsor (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or nonprofit (including a Community Housing Development Organization when acting as an owner, developer or sponsor) may occupy a CDBG, HOME, HOF, RAHP, HB 2331, Veterans and Human Services Levy, MIDD or CX- Page 29 of 32 2023/2024 Contract - 249 assisted affordable housing unit in a project. This provision does not apply to an owner - occupant of single family housing or to an employee or agent of the owner or developer of a rental housing project who occupies a CDBG, HOME, HOF, RAHP, HB 2331, Veterans and Human Services Levy or CX-assisted unit as the project manager or maintenance worker. 35. PROMISSORY NOTE, DEED OF TRUST AND COVENANT The Contractor agrees that funding provided under this Contract for the acquisition, construction, improvement and/or rehabilitation of real property (Premises) owned by the Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly execute a promissory note, deed of trust and covenant in a format approved by the County, if required in a Project/Program Exhibit. The Contractor agrees that for real property, which is leased by the Contractor and assisted under this Contract, the Contractor shall obtain a covenant from the owner of the real property in a form approved by the County, if required in any Project/Program Exhibit. 36. ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS The Contractor shall at all times comply with all applicable federal, state, and local laws, statutes, rules and regulations relating to relocation of those persons and households residing at the Premises prior to occupancy by tenants. The Contractor shall be solely responsible for the cost of all relocation benefits required by law. 37. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS The Contractor shall engage in sound property and program management practices and at all times operate and maintain the Premises in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations covering health and safety issues in order to provide decent, safe and sanitary housing, as now in effect or as may be hereafter amended. The Contractor specifically agrees to comply and pay all costs associated with achieving such compliance without any notice of requirement or requirements from the County, and that the County does not waive this section by giving notice of demand for compliance in any instance. The Contractor shall throughout the term of this Contract, without cost or expense to the County, keep and maintain the Premises and all improvements, landscaping, fixtures and equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition, and shall, except for reasonable wear and tear, at all times preserve the Premises in good and safe repair. If, after 30 days' notice from the County, the Contractor fails to maintain or repair any part of the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but shall not be obligated to, enter upon Premises and perform such maintenance or repair and the Contractor agrees to pay the costs thereof to the County upon receipt of a written demand. 38. TAXES AND LICENSES The Contractor shall pay throughout the term of this Contract, all applicable taxes, and all licenses and excise fees covering the ownership and operations of the Premises. Page 30 of 32 2023/2024 Contract - 250 39. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL PROJECTS A. In the event that all or any portion of the Premises is taken or conveyed as a result of any condemnation proceeding or damaged as a result of any casualty, the County and the Contractor agree that the proceeds of any condemnation or casualty affecting the Premises shall be made available for the repair or restoration of the real property if the County and the Contractor in their reasonable judgment agree that: (1) Repair or restoration of the real property is feasible and that sufficient funds are available to complete such work; (2) After the completion of work, the real property can be feasibly operated within the restrictions and requirements of the Project/Program Exhibit; and (3) More than two years remain after the completion of the work until the end of this Contract. B. The County and the Contractor shall meet as necessary to discuss in good faith the rebuilding or repair of the real property and reach a decision with respect thereto within 60 days after the occurrence of the casualty or condemnation. If the parties cannot in good faith agree to repair or restore the real property as provided above, then any proceeds of the casualty or condemnation, within 60 days of demand, shall be paid first to satisfy the County's lien. The balance of the proceeds shall be paid to the Contractor. 40. CODE OF CONDUCT The County is committed to providing an inclusive, welcoming, supportive, and safe environment for all to feel respected, valued, and empowered. The Contractor shall, while performing the work as described in the attached Exhibit(s), interact with the community being served and the County's employees in a respectful manner. The County and Contractor shall refrain from engaging in any conduct that communicates a hostile, demeaning, or unwelcome message. Such prohibited conduct can be either verbal or nonverbal and includes, but is not limited to microaggressions, deliberate misgendering, slights, and other conduct that could cause harm. The Contract may be subject to termination under Subsection 12.B. as a result of any violation of this Section by providing the other party 30 calendar days advance written notice of the termination. 41. MISCELLANEOUS PROVISIONS A. Severability. Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. B. Remedies Not Exclusive. No provision of this Contract precludes the County from pursuing any other remedies for the Contractor's failure to perform its obligations. Page 31 of 32 2023/2024 Contract - 251 C. No Third Party Beneficiaries. Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party thereto. This Contract shall be governed by and construed to the laws of the State of Washington. Any claim or suit between the parties arising out of this Contract may only be filed and prosecuted in King County Superior Court of U.S. District for the Western District of Washington, in Seattle. IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on the date above written. KING COUNTY: CONTRACTOR: FOR King County Executive Signature Date Name (Please type or print) Approved by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Date 252 Page 32 of 32 2023/2024 Contract - EXHIBIT I CITY OF TUKWILA PARKS AND RECREATION CRITICAL FACILITY REHABILITATION Contract No.: 6416643 Project No: 1128222 King County Project Manager: Cat Ratajczak Contact Person: Pete Mayer Services Start Date: December 1, 2023 Telephone: (206) 767-2305 End Date: September 1, 2025 Email: pete.mayer@tukwilawa.gov I. WORK STATEMENT City of Tukwila Parks & Recreation ("Contractor") shall use Best Starts for Kids Capital funds for rehabilitation and construction and related costs for the Tukwila Community Center HVAC System Repair Project (Project). All such activities shall be carried out in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules, and regulations, as currently in effect or as amended in the future. The total amount of reimbursement pursuant to this Exhibit shall not exceed $500,000 for the Exhibit Period noted above. Ongoing funding for the full term of this Exhibit shall be contingent on Project performance, continued funding availability, Project alignment with program planning priorities, and other contractual requirements contained in this Exhibit. King County reserves the right to extend the term of this Contract beyond the end date listed above in any increment of time King County and Contractor mutually agree to. II. DEFINITIONS A. "L&I" means Washington State Department of Labor and Industries. B. "Prime" means Prime Construction Contractor: the licensed, bonded, and insured Washington State registered General Contractor who is performing the physical rehabilitation/construction work. Ill. LEADING WITH EQUITY For many in our region, King County is a great place to live, learn, work and play. Yet we have deep and persistent inequities - especially by race and place - that in many cases are getting worse and threaten our collective prosperity. Equity and Social Justice (ESJ) is an integrated part of the County's work and foundational to the work of King County Department of Community and Human Services (DCHS). Our goal is to ensure that all people, regardless of who they are and where they live, have the opportunity to thrive, with full and equal access to opportunities, power, and resources. IV. PROJECT DESCRIPTION AND SCOPE OF WORK A. Funds awarded under this Contract shall be used for the rehabilitation of Tukwila Community Center to be located at 12424 42nd Ave S, Tukwila, WA 98168. B. The scope of work shall consist of rehabilitation improvement construction costs for HVAC replacement including construction documents, permitting, and full build out in City of Tukwila Parks and Recreation Page 1 of 4 2023 Contract #- Ex I 253 accord with local permitting and to operate as s community center, recreational center, early learning center, and child care facility. C. This Project shall preserve and expand critical services for youth and families. This Project is anticipated to be completed by 9/1/2025. D. The Contractor shall complete the milestones as detailed in Attachment B. E. Unless this Exhibit provides otherwise, all work performed by the Contractor during the contract period shall be in conformance with the requirements and descriptions of this Exhibit and be in compliance with all other terms and conditions of this Contract. V. SECURITY INSTRUMENTS A. Deed of Trust. This Contract shall be evidenced by a promissory note and secured by a Deed of Trust naming King County as beneficiary. The Deed of Trust shall be recorded in King County, and the original returned to King County after recordation within ninety (90) days of contract execution. The Deed of Trust shall be recorded before King County will reimburse the Contractor for any Project costs. The amount secured by the Deed of Trust shall be the amount of this Contract as set forth in Section I., hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten years following the final payment of funds to the Contractor under this Contract. Upon satisfaction of the ten-year term requirement and all other Contract terms and conditions, King County shall, upon written request of the Contractor, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. In addition to the insurance requirements of the attached Standard Terms and Conditions, the Contractor shall purchase an extended coverage lender's policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of this Contract. D. Subordination. King County may agree to subordinate its Deed of Trust upon request from a private or public lender. Any such request shall be submitted to King County in writing, and King County shall respond to the request in writing within thirty (30) days of receiving the request. E. Project valuation shall be determined by the total cost of the Project See Attachment A for details. VI. MONITORING AND REPORTING REQUIREMENTS A. The County shall conduct monitoring and performance assessments of all services provided under this Exhibit in the manner and at reasonable times, with reasonable notice as the County in its sole discretion deems appropriate. B. Monitoring and assessment activities include, but are not limited to, review of service and financial reports, including all books, records, documents, and other data, facilities, activities, and on -site visits by County staff or their designee, state, or federal representatives. Upon Project completion, the final Project invoice shall be accompanied by a Project report in a format provided by the County. City of Tukwila Parks and Recreation 254 Page 2 of 4 2023 Contract #- Ex I C. The meeting and reporting requirements of this Section VI. shall begin on the date this Exhibit becomes effective. VII. COMPENSATION AND METHOD OF PAYMENT A. Reimbursement 1. The maximum not -to -exceed amount of this Exhibit is $500,000 The Contractor shall submit a Billing Invoice Package (BIP) no later than 30 days after payment to the Prime has been made. The Contractor's obligation to submit a BIP shall not begin until after the effective date of this Exhibit. B. Acceptance of work: 1. To serve the best interests of King County, and expedite reimbursement, the Contractor shall submit to King County a draft of the Prime's pay application for review at the time of the Prime's submittal. 2. If the County finds that the Contractor's execution of the deliverables, tasks, performance requirements, billable items, or accounting of expenditures for which Contractor has received payment (collectively referred to hereinafter as "Work") does not meet the requirements of this Contract, the County may request reimbursement from the Contractor and/or withhold subsequent payments to the Contractor. In the event of rejection of any Work, the Contractor shall be notified and may have fourteen (14) calendar days from date of issuance of notification to correct the deficiencies and resubmit the Work. 3. The County shall withhold five percent (5%) of the budget until such time that Washington State L&I Final Affidavits of Prevailing Wages Paid have been issued and copies thereof supplied to the County. C. Billing Invoice Package 1. The BIP shall consist of a signed invoice statement, authorized pay application by Prime, and proof of payment to Prime in a format approved by King County. Incomplete or inaccurate BIP shall be returned to the Contractor for corrections and resubmission. 2. BIPs shall be submitted for approval via email to: Catarina.Ratajczak@kingcounty.gov. 3. Reimbursement shall be made once the BIP is approved by King County. Incomplete or inaccurate BIP shall be returned to the Contractor for corrections and resubmission. 4. Upon completion of improvements or upon termination of this Contract, any unexpended balances of BSK funds shall remain with the County. City of Tukwila Parks and Recreation Page 3 of 4 2023 Contract #- Ex I 255 ATTACHMENT A PROJECT BUDGET Contractor shall apply County funds to the Project in accordance with the Project Budget below. A. Project Budget Item Amount Hard Costs $369,545 Soft Costs $85,000 Contingency $0 Taxes and Fees $45,455 Total $500,000 City of Tukwila Parks and Recreation 256 Page 1 of 1 2023 Contract #- Ex I Attch ATTACHMENT B PROJECT MILESTONES The following milestones shall be set forth for Project accomplishment. Milestones may be amended from time to time with the written amendment signed by the County and Contractor. The Project shall be implemented in accordance with the following schedule. Milestones Completion Date Construction Start Aug/Sept. 2024 Construction 50% Complete December 2024 Construction 100% Complete July 2025 Final Pay Application Submitted August 2025 Final Security Documents Recorded August 2025 Project Closed July 2025 City of Tukwila Parks and Recreation Page 1 of 1 2023 Contract #- Ex I Attch 257 258 II. Best Starts' Capital Overview A. Program Context Best Starts' Capital Program will provide contracts for building repairs, renovations and new construction or expansion to improve access to high quality programs and services for Low - Income children, young people, and families. Eligible projects across priorities may include, but are not limited to: • Recreational Facilities • Community Centers • Early Learning Centers • Child Care Facilities • Housing for youth, young adults, and families. Priority will be given to projects serving the following communities: • Black, Indigenous, and People of Color (BIPOC) • Rural areas; and/or • Areas Without Physical Access to similar facilities Further, consistent with recommendations from the Children and Youth Advisory Board (CYAB), the program will also prioritize funding sites that are: • Multi -Use • Intergenerational; and/or • Include covered outdoor spaces. The program will focus on equitable community -driven development to ensure projects are aligned with and serve communities' needs. Priority will also be given to developments that leverage other capital investments, including County PSTAA and affordable housing funds. All Best Starts -supported buildings are expected to have culturally responsive Child Care and Early Learning services or other programs for children and young people. Funded buildings and facilities are also expected to host permanent low-cost or free programming for Low -Income households. Best Starts' Capital is guided by four priorities. This RFP will only fund Priority 2 projects. RFPs for projects meeting priorities 1, 3, and 4 will be offered in the future: • Priority 1: New construction or renovation of existing property to provide for new Community or Recreational Centers which prioritize serving Low -Income BIPOC children, youth and families lacking access to similar facilities. Best Starts will provide capital planning grants of up to $100,000 for Priority 1 projects. The capital grant funds awarded under Priority 1 are expected not to exceed $5 million for any single project over the life of the levy. • Priority 2: Renovations and repairs to existing multi -use Community Centers, Early Learning Centers, Child Care or Recreational Facilities to address critical King County DCHS Best Starts for Kids BSK Capital Program RFP Page 4 of 19 259 health and safety issues. The capital grant funds awarded under Priority 2 are expected not to exceed $500,000 for any single facility over the life of the levy. • Priority 3: Expand Child Care and Early Learning Facilities to increase capacity for multipurpose uses, and complement the Early Learning Facilities funding under the PSTAA Implementation Plan to increase capacity for multipurpose uses. The capital grant funds awarded under Priority 3 are expected not to exceed $1 million for any single facility over the life of the levy. • Priority 4: Creation of affordable family or youth housing that includes a Child Care or youth development component on site. The capital grant funds awarded under Priority 4 are expected not to exceed $5 million for any single project over the life of the levy. B. This Application This RFP will fund Priority 2 projects, as is outlined above and in the Best Starts for Kids Implementation Plan. Priority 2 projects will renovate and repair existing multi -use Community Centers, Early Learning Centers, Child Care or Recreational Facilities to address critical health and safety issues. This funding will support capital projects that provide resources to Low -Income families and communities of color. These developments will create safe places for young people and access to caring adults that offer stimulating expanded learning programs, including high -quality educational or recreational programming for children and young people. Investments are expected to be geographically dispersed throughout the County and will support youth programming serving communities that historically have had limited or no access to facilities for such services. The siting of new facilities and buildings will be evaluated based on the proximity to other similar facilities and transportation accessibility. Ill. Qualifications This request is open to nonprofit organizations, Community Based Organizations (CBO), tribes and tribal organizations, for -profit entities and public or governmental agencies serving communities in King County. Small nonprofits and community -based organizations are encouraged to submit applications. A. Minimum Qualifications: 1. Applicant runs a facility that needs Critical Health and Safety Renovations and Repairs. 2. Project is a Community Center, Early Learning Center, Child Care or Recreational Facility. No other project types are permitted. 3. Request does not exceed $500,000. King County DCHS Best Starts for Kids BSK Capital Program RFP Page 5 of 19 260 4. Project must be a rehabilitation or renovation project. This funding will not be given to new construction or expansion projects. 5. Project site is owned or leased* by applicant organization. *If leased, organization must have owner support of proposed renovations 6. Applicant is a nonprofit organization, Community Based Organization (CBO), tribe/tribal organization, for -profit entity or public/governmental agency serving communities in King County. 7. Applicant serves Low -Income children, youth and families with a priority for those serving BIPOC communities, Rural areas and/or areas Without Physical Access to similar facilities. 8. Applicant hosts Culturally Responsive Programming and/or permanent low- cost or free programming for Low -Income households, consistent with recommendations from the CYAB. B. Desired Qualifications: 1. Applicant runs a facility that is: i. Multi -use; ii. Intergenerational; iii. Close to Transportation; and/or iv. Has outdoor covered space 2. Applicant can assemble a design, architecture, engineering and/or contractor team. 3. Applicant can manage a construction project. 4. Applicant has financial systems that can track income and expenditures. 5. Applicant can report performance measurements. 6. Applicant is leveraging other capital investments, including County PSTAA funds. C. Ineligible Activities — this funding will not cover the following costs: 1. Non -construction materials and equipment, including technology, toys, games, play equipment. 2. Retroactive funding (payment for goods, work, or services that have already been delivered or performed). 3. Transportation/Travel. 4. Staffing costs or other salaries. 5. Emergency funding. King County DCHS Best Starts for Kids BSK Capital Program RFP Page 6 of 19 261 262 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes November 27, 2023- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Mohamed Abdi; Thomas McLeod, Tosh Sharp David Cline, Pete Mayer, David Rosen, Kris Kelly, Jefri Peters, Eric Dreyer, Eric Lund, Rebecca Hixson Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: 2024-2025 Public Defense Program Staff is seeking approval of a grant agreement with the Washington State Office of Public Defense in the two-year amount of $75,000 for the Public Defense Program. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. B. Ordinance: Avoiding an Intersection Staff presented the Council -requested ordinance that prohibits drivers from avoiding signaled intersections by cutting through parking lots or drives. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. C. Contract: Biological Evidence Preservation Staff is seeking approval of a contract with Auburn Mechanical in the amount of $48,629 to provide an adequate cooling system in the Police Department Evidence Room. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Consent Agenda. D. Grant Acceptance: Tukwila Community Center HVAC Replacement *Staff is seeking Council approval of a grant agreement with King County in the amount of $500,000 to be used toward the Tukwila Community Center HVAC Replacement Project. Committee Recommendation: Unanimous approval. Forward to December 4, 2023 Regular Meeting. II. MISCELLANEOUS Councilmembers and staff discussed the policy encouraging local businesses to participate in the procurement process. The meeting adjourned at 5:55 p.m. MeeZ Committee Chair Approval Minutes by LH 263 264 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/27/23 LH 12/4/23 LH ITEM INFORMATION ITEM NO. 8 STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 11/ 27/ 23 AGENDA ITEM TITLE 2024 State Legislative Agenda CATEGORY ® Discussion Mtg Date 11/27/23 ❑ Motion Mtg Date ® Resolution Mtg Date 12/4/23 ❑ Ordinance Altg 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 SUMMARY The City Council is asked to review and approve a state legislative agenda for 2024. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/27/23 Consensus to consider this item at the next Regular Meeting 12/4/23 MTG. DATE ATTACHMENTS 12/4/23 Informational Memorandum Draft Resolution and Legislative Agenda 265 266 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Laurel Humphrey, Legislative Analyst DATE: November 17, 2023 SUBJECT: 2024 Legislative Agenda ISSUE The City of Tukwila develops an annual legislative agenda for use in Olympia during the Washington State legislative session. BACKGROUND The Washington State Legislature is a bicameral body with 49 members in the Senate and 98 members in the House of Representatives. Each district is served by one Senator and two House members. The Washington State Legislature will convene on January 8, 2024 for a 60-day session. The City's Legislative Agenda provides direction to staff and consensus among the elected officials as to what policy positions are taken on behalf of the City during the session. The South King Housing and Homelessness Partners Executive Board, on which Council President Delostrinos Johnson serves, has requested that member cities adopt specific language around housing. That language is included in the first bullet under "Housing and Human Services." RECOMMENDATION Staff is seeking Council input and final approval of the 2024 State Legislative Agenda. ATTACHMENTS Draft resolution Legislative Agenda 267 268 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2024 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the Washington State Legislature will convene for its regular session on Monday, January 8, 2024, and the City Council agrees to pursue certain legislative issues; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2024 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2024 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Office of the City Attorney Attachment A: City of Tukwila 2024 Legislative Agenda Filed with the City Clerk: Passed by the City Council: Resolution Number: CC:\Legislative Development\Legislative Agenda for 2024 11-20-23 L. Humphrey Page 1 of 1 269 ATTACHMENT A City of Tukwila 2024 Legislative Agenda Transportation & Infrastructure • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development and community resiliency. • Honor funding commitments made in Move Ahead Washington. Housing & Human Services • Address the housing stability crisis by addressing all aspects of affordable housing, including homeownership for moderate income households and below, preservation of naturally occurring affordable housing, land acquisition to secure permanent affordability, permanent supportive housing, infrastructure around affordable housing developments, and workforce housing. • Fund additional investments in behavioral health, including in -patient and out -patient facilities, as an alternative to jail and align State law with best practices to allow individuals in crisis to receive necessary and life-saving services. • Adequately fund services to support asylum seekers, refugees and immigrants residing in Washington cities. Advancing Equity • Ensure affordable, high -quality broadband internet access as defined by SB 5717 is available to all households and businesses to provide educational, entrepreneurial, business and accessibility equity for all Washingtonians to access the internet. Law Enforcement • Further clarify the ability for law enforcement to conduct vehicle pursuits providing law enforcement with discretion to engage in pursuits. • Expand funding for co -responding mental health professionals to assist individuals experiencing behavioral health challenges. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Education • Implement needs -based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL students. • Incorporate early learning for low-income students as a part of Basic Education. 270 Preserve Lodging Tax Flexibility • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. Preparing for Our Future • Enact policies to prepare to combat climate change, including adequately budgeting for its effects and providing tools to cities to prepare and address the ramifications of flooding, pollution and other key factors. • Continue to invest in workforce education and job training to ensure Washingtonians have access to high -quality career and technical education opportunities. 271 272 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 28, 2023 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff and community with 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 • National League of Cities City Summit: Mayor Ekberg and Councilmembers Kruller and Abdi attended the National League of Cities City Summit Conference in Atlanta, Georgia, November 15-18. II. Community Events • Community Cafe: The last Community Cafe was held at the Sullivan Center on November 16. The cafe is funded by the Wellness Hub Grant from the National Recreation and Parks Association. 36 participants representing the diverse communities that make up Tukwila: Burmese, Afghani, Nepalese, Somali, Latino, Congolese, and Vietnamese took part in the Cafe. Interpreters were on hand to facilitate a conversation about how these communities use our parks and what they would like to see more of in our parks. The information will be incorporated into future park design and improvements. The event would not have been possible without our partnership with Global to Local and HealthPoint. • Showalter Family Night: Darren Hawkins and Bella Montoya represented Parks & Recreation at the Showalter Middle School Family Night on November 21. This event presented an opportunity to share all of the great things Parks & Recreation has to offer the community and spotlight some youth and family programs and events to the district families. • Green Tukwila Day: Green Tukwila Day was a success. Volunteers, the Service Board, and Friends of the Hill joined city staff, Pete Mayer, Acting Deputy City Administrator, Jefri Peters, Recreation Manager, and Olena Perry, Stewardship Specialist, for a three-hour work party where 161 native shrubs and trees were planted. • Duwamish Hill Preserve Work Parties: Olena Perry led two work parties for Maritime High School at Duwamish Hill Preserve, planting Oregon Grape and Red Flowering Currants. In Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 273 City Administrator's Report November 28, 2023 Page 2 total, 44 ninth graders attended the event. They learned about local flora and fauna, the hill's history, and why it is essential to have healthy green spaces in urban environments. • Tukwila Park Planting Event: Codiga hosted a volunteer planting event at Tukwila Park, with volunteers planting 100 understory shrubs and trees. • Riverton Park Work Day: Tilth Alliance led their Sound and Soil students in a day of work at Riverton Park. The crew extended the planting berm by Gully Gardens, disassembled the old compost bin, and removed invasive plants. • Crystal Springs Park Work Day: Dirt Corps brought their adult training crew to inject herbicide on English Laurel, Knotweed, and Holly at Crystal Springs Park. iii. Staff Updates Public Safety • Meeting with Home Depot: On November 16, Community Policing Team Detectives met with Home Depot management about the criminal activity and encampments in their overflow parking lot. • Meeting with Westfield Southcenter: On November 20, Deputy Chief Eric Lund met with Westfield Southcenter Mall management to discuss participation in the "Vibrant Communities" program. The program was organized by the Retail Industry Leaders Association in Seattle, designed to address issues such as public safety, retail theft and organized retail crime. • K9 Raider Receives Kevlar Vest: The Police Departments newest K9, Raider, received a bullet - resistant vest thanks to the nonprofit Keeping K-9s in Kevlar. Project Updates • 2023 Annual Overlay Program: Estimated Completion: Jan 2024 The Annual Overlay program is a maintenance program focused on keeping the City's streets in good or better condition for both vehicular and pedestrian traffic. Construction started on July 10, 2023. The following streets are in the program and have the following updates: o S. 139th St., 51st Ave. S, 52nd Ave S, S. 137th St. - All work is complete at this location. O 32nd Ave. S, 33rd Pl S - All work is complete at this location. o S 140th St. - All work is complete at this location. O 35th Ave. S - All work is complete at this location. o S. 142nd St., 37th Ave. S - All work is complete at this location. o S. 144th St. - All work is complete at this location. O 42nd/119th Pedestrian Crossing - The majority of the work at this location has been completed. Remaining items include minor edge restoration, moving the southbound radar speed feedback sign north to a location near Duwamish Park, and installation and commissioning of the RRFB's at the crosswalk. This work is expected to be completed January 2024. • Tukwila Village: Economic Development staff has been responding to inquiries from residents of Tukwila Village regarding their concerns over the lack of on -site parking. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 274 City Administrator's Report November 28, 2023 Page 3 Boards, Commissions and Committees • Arts Commission: The next meeting is scheduled for November 29, 2023. VACANT: Student Representative. • Civil Service Commission: The next meeting is scheduled for December 21, 2023. 1 Resident position term expires March 31, 2024. No vacancies. • COPCAB: The next meeting is scheduled for December 14, 2023. 1 Resident position term expires March 31, 2024. 1 Business Representative position term expires March 31, 2024. VACANT: 1 Business Representative position, 1 School District Representative and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for December 7, 2023. 1 City Council position term expires March 31, 2024. 2 Education position terms expire March 31, 2024. 1 Community position term expires March 31, 2024. 1 City Employee position term expires March 31, 2024. VACANT: 1 Education/Community Representative. • Human Services Advisory Board: The next meeting is in the process of being scheduled for January 2024. 1 Resident position term expires March 31, 2024. 1 Business position term expires March 31, 2024. VACANT: 1 Resident position and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for December 5, 2023. 3 Resident position terms expire March 31, 2024. No vacancies. • Lodging Tax Advisory Committee: The next meeting is scheduled for November 30, 2023. 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 13, 2023. 2 Community position terms expire March 31, 2024. VACANT: 1 Community Member. • Planning Commission: The next meeting is scheduled for December 14, 2023. 1 Business position term expires March 31, 2024. 3 Resident position terms expire March 31, 2024. No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 275 City Administrator's Report November 28, 2023 Page 4 IV. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response November 13, 2023 • Brian Blessing gave Engineering, Public Works, Fire, and Planning public comment about staff met with Brian Blessing and the engineer short plat issues. Hamid Korasani to discuss their expired short plat and shoreline permits. It was explained that the requirements for public road standards still apply to the project, and that the main issue is with the need to provide adequate access that meets Fire and Public Works standards via a neighboring private property. As a result of this constraint, this issue is largely a private civil matter between the neighboring property owners. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 276 City of Tukwila - Public Works Fleet & Facilities TOTAL PROJECT MONTHLY Budget Report (REVISED Budget; D-20 Plan Adopted by Council) Life to Date Costs as of November 28, 2023 (reconciled w/acctg thru March 7, 2023 GL) COUNCIL REPORTING SUMMARY - PUBLIC WORKS Original Budget Budget Transfers Current Budget Committed Budget Life to Date Costs Remain'g Committed Remaining Budget A/E Services (Design & CA) Permits/Fees Construction Construction (Tax) Construction Related Costs PM Services (incl Other Professional Svcs) Contingency (incl Construction & Project) $ 670,768 $ 130,000 $ 6,715,000 $ 662,618 $ 378,186 $ 350,000 $ 843,437 $ 70,625 $ 51,886 $ 1,090,142 $ 124,500 $ 81,261 $ 188,442 $ (606,856) $ 741,393 $ 181,886 $ 7,805,142 $ 787,118 $ 459,447 $ 538,442 $ 236,581 $ 741,393 $ 181,886 $ 7,805,141 $ 755,602 $ 404,413 $ 538,442 $ - $ 734,612 $ 181,886 $ 7,805,141 $ 755,602 $ 393,516 $ 538,430 $ - $ 6,781 $ - $ (0) $ 0 $ 10,897 $ 11 $ - $ - $ (0) $ 0 $ 31,516 $ 55,034 $ 0 $ 236,581 SUBTOTAL -CURRENT MANAGED PROJECT $ 9,750,008 $ 1,000,000 $ 10,750,008 $ 10,426,877 $ 10,409,187 $ 17,689 $ 323,131 Previously Managed Svcs (Land,A/E,Bond,Demo) $ 25,949,992 $ - $ 25,949,992 $ 25,936,198 $ 25,936,198 $ - $ 13,794 TOTAL -COMBINED PROJECT $ 35,700,000 $ 1,000,000 $ 36,700,000 $ 36,363,075 $ 36,345,385 $ 17,689 $ 336,925 278 UPCOMING MEETINGS AND EVENTS DECEMBER 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. DEC4 MON DEC 5 TUE DEC 6 WED DEC 7 THU DEC 8 FRI DEC 9 SAT ➢ Planning and Community Development Committee 5:30 PM City Hall - Hazelnut Room Hybrid Meeting ➢ Transportation and Infrastructure Services Committee 5:30 PM 6300 Building - 2nd Floor Duwamish Conference Room Hybrid Meeting ➢ City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting ➢ Library Advisory Board 6:00 PM Hybrid Meeting Give Blood = Save 3 Lives DONATE BLOOD AND ENTER TO WIN A NICE PRIZE! It takes 1,000 donors a day to sustain a blood supply for patients in our community. Click here to schedule an appointment. Or call 1-800-398-7888. ➢ Equity and Social Justice Commission 5:30 PM Hybrid Meeting Public Health Seattle & King County Quarterly Overdose Prevention and Response Online Training Free online 1-hour training for the public and professionals. 5:30 PM-6:30 PM Click here to register. f TukwiRla "GHOSTS IN THE MACHINE" SHOW Don't miss this Foster High drama production! It's a thrilling tale of mystery and connection! Dec 7 6:30 PM Dec 8 6:30 PM Dec 9 3:30 PM Foster Performing Arts Center 4242 S 144d' St Click here for information. 12 DAYS OF GOODNESS Free lunch event for seniors and veterans in Tukwila ages 50 and older. Seahawks legends and coaches will join us. 11:00 AM-2:00 PM Tukwila Community Center 12424 42' Ave S Click here to register. SPICE 'BRIDGE HOLIDAY MARKET Join Spice Bridge for a festive celebration. Indulge in delicious bites from our food vendors, discover handmade treasures from craft vendors, and soak in the holiday spirit with the perfect blend of music. 3:00 PM - 7:00 PM Tukwila Village 14200 Tukwila Intl Blvd Suite 141 Click here for information. SPIRIT GIVING DAY OF GIVING Open to registered participants only. 9:00 AM -12:00 PM Tukwila Community Center 12424 42"' Ave S KING COUNT DIVERSIY TY AND RECRUITMENT WORKSHOP Will be discussing the ins and outs of written exams, physical and mental wellness, oral boards, medical and psychological exams and more! This workshop is open to everyone at least 16 years of age. Breakfast and lunch will be provided. 8:00 AM - 3:30 PM Shoreline Location Sign-up by Dec 10 Click here for information. DEC 11 MON DEC 12 TUE DEC13 WED DEC 14 THU DEC15 FRI DEC16 SAT ➢ Community Services and Safety Committee 5:30 PM City Hall - Hazelnut Room Hybrid Meeting ➢ Finance and Governance Committee 5:30 PM 6300 Building - Suite 100 Foster Conference Room Hybrid Meeting ➢ City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Special Meeting to follow Committee of the Whole Meeting. FINANCE CLASS FOR SENIORS Free class to learn how to choose an executor. Register now due to limited space! 1:00 PM-2:00 PM Tukwila Community Center 12424 42"d Ave S Click here to register. GREEN TUKWILA RESTORATION AT RIVERTON PARK Join Forest Steward Debbie and help remove invasive English Ivy and Himalayan blackberry. 11:30 AM -1:30 PM Riverton Park 13263 Macadam Rd S Click here to register. ➢ Park Commission 5:30 PM Hybrid Meeting GREEN TUKWILA PLANT AND MULCH AT COTTONWOOD CORNER Join Forest Steward Heidi Watters and the community to get the last young native plants in the ground for 2023. 11:00 AM — 2:00 PM Riverton Creek 37'h Ave S & S 128th St Click here to register. Public Health Seattle & King County KING COUNTY EMERGENCY MEDICAL TECHNICIAN TRAINING & RECRUITMENT Apply to be considered for the February 2024 class program. This is a free 12- week EMT course for individuals who excel at working in diverse communities. Upon completion of the program, a path to obtaining certification and a career will be provided. Applications due today. Click here for information. Open enrollment for health insurance starts Nov 1, and now everyone in WA State can purchase health and dental insurance regardless of immigration status. Click here for information. HOLIDAY CONCERT Celebrate the season with traditional holiday favorites and carols the entire family is sure to enjoy! Free admissions for children 12 and under. Dec 16 7:30 PM Dec 17 3:00 PM Foster Performing Arts Center 4242 S 144th St Click here to buy tickets. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM - 4:00 PM VOLUNTEER OPPORTUNITIES TO SERVE ON A BOARD, COMMISSION OR COMMITTEE The City is looking for community members to serve on a Board, Commission or Committee. Applications are due by 2/15/2024. Click here for information. NEIGHBORHOOD WATCH GROUP HELP Police Community Engagement Coordinator can help to create a neighborhood watch group in your neighborhood and apartments. Click here to email Brooke Lamothe. FREE CRIME PREVENTION SURVEY FOR BUSINESSES TO ENHANCE SECURITY Police Community Engagement Coordinator will visit your business to conduct a security assessment and recommend making your business more secure. Allow up to 2 weeks for an appointment date confirmation. Click here to make an appointment. FOOD BANK OPENS: TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:30 PM 3118 S 140TH ST, TUKWILA it. VOLUNTEERS - In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. ,a,..u�, DONORS - Please donate at tukwilapantry.org/please-donate/. Donations can be dropped off on Tuesday -Saturday from 8 AM -11 AM or by appointment. Click here for a current list of items in need. STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. VOLUNTEERS NEEDED ON WEDNESDAYS. Pack snacks every Wednesday at 9:30 AM. To volunteer, email Stillwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District. Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138. 4triAlit RTUKWILA SOLID WASTE SERVICE STARTS ON NOV 1 WITH RECOLOGY r If you have any outstanding questions regarding your solid waste service change, the Recology customer service team will be happy to assist you. RecologyCall customer service at 206-944-3900 or email Tukwila@Recology.com. City of Tukwila provides 50% discount to eligible residents. Click here for information and to apply online. EOM IEEE t111 EM FREE ONLINE TUTORING AND HOMEWORK HELP FOR GRADES K THRU 12 Use a computer, tablet, smartphone or home phone to connect with tutors by phone or on Zoom. Click here for information. FUN ACTIVITIES AND OTHER EVENTS AT TUKWILA LIBRARY Tukwila Library offers many resources and services. Click here for information. 279 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2— C.O.W. MEETING 3— REGULAR MEETING 4— C.O.W. NOVEMBER 6 See below link for the agenda packet to view the agenda items: November 6, 2023 Regular Meeting NOVEMBER 13 See below link for the agenda packet to view the agenda items: November 13, 2023 Committee of the Whole / Special Meeting NOVEMBER 20 See below link for the agenda packet to view the agenda items: November 20, 2023 Regular Meeting NOVEMBER 27 See below link for the agenda packet to view the agenda items: November 27, 2023 Committee of the Whole / Special Meeting MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. DECEMBER 4 See below link for the agenda packet to view the agenda items: December 4, 2023 Regular Meeting DECEMBER 11 SPECIAL ISSUES - Fire budget discussion. - Resolutions of Service Appreciation for: - Mayor Ekberg - Councilmember Hougardy - Councilmember Kruller - Councilmember Delostrinos Johnson. Special Meeting to follow Committee of the Whole meeting. CONSENT AGENDA - Resolutions of Service Appreciation for: - Mayor Ekberg - Councilmember Hougardy - Councilmember Kruller - Councilmember Delostrinos Johnson. - Award a bid and authorize the Mayor to sign a contract for the Green River Trail Connector Project, in the amount of $1,300,000.00. - Authorize the Mayor to accept the Ecology Ramp Litter Cleanup Program, in the amount of $60,000.00. - Authorize the Mayor to accept a grant from the Washington State Department of Commerce for the Growth Management Act Periodic Update (for Fiscal Year 2024), in the amount of $62.500.00. - Authorize the Mayor to accept a grant from Washington State for network security infrastructure and training, in the amount of $81,695.00. - Authorize the Mayor to sign a contract for the West Valley Highway (Strander to I-405) project, in the amount of $59,683.05. NEW BUSINESS A motion regarding potential property acquisition. DECEMBER 18 DECEMBER 25 \ I City offices and community center closed. 280