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HomeMy WebLinkAboutReg 2012-05-21 COMPLETE AGENDA PACKETTukwila City Counci /Agenda REGULAR MEETING Jim Haggerton, Mayor Counci /members: Joe Duff ie Dennis Robertson David Cline, City Administrator Allan Ekberg Kathy Hougardy Verna Seal, Council President De'Sean Quinn Kate Kruller EXECUTIVE SESSION 6:00 PM 7:00 PM Potential Land Sale Pursuant to RCW 42.30.110(1)(c) (60 minutes) Monday, May 21, 2012; 7:00 PM Ord #2375 Res #1766 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Swearing in of Andi Delic, Lateral Police Officer. Mike Vi/ /a, Po /ice Chief. PRESENTATIONS b. State of the City report. Mayor Haggerton. c. 2012 First Quarter financial report. Peggy McCarthy, Finance Director. Pg.1 3. PROCLAMATION A proclamation identifying May 20 -26, 2012 as "National Public Works Pg• Week." 4. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT a. Approval of Minutes: 5/7/12 (ReguiarMtg.) AGENDA b. Approval of Vouchers. c. Authorize the Mayor to sign a 15 -year lease with Clear Channel Outdoor Pg.39 for the construction and operation of a digital billboard on City -owned property along West Valley Highway. [Reviewed and forwarded to Consent by Community Affairs Parks Committee on 5114112.] d. Authorize the Mayor to enter into an Interlocal Agreement with the Pg.51 City of SeaTac for probation services. [Reviewed and forwarded to Consent by Finance Safety Committee on 518112.] e. Authorize the Mayor to enter into a contract with King County in the Pg.63 amount of $132,300 for the Minor Home Repair Program (funded by Community Development Block Grant funds). [Approved for Consent by Council President] f. Authorize the Mayor to enter into an amendment to Interlocal Agreement Pg•105 #12 -021 with the cities of SeaTac, Des Moines, Covington and Pacific for the Minor Home Repair Program. [Approved for Consent by Council President] g. A resolution authorizing submission of an application for grant funding Pg.139 assistance for an aquatic lands enhancement account project (Duwamish Gardens) to the Recreation and Conservation Office. [Reviewed and forwarded to Consent by Transportation Committee on 517112.] 6. UNFINISHED a. A resolution calling for the creation of a Tukwila Tree and Environment Pg.149 BUSINESS Advisory Committee. (continued...) x REGULAR MEETING Monday, May 21, 2012 Page 2 6. UNFINISHED b. Sign Code: Pg.155 BUSINESS (1) An ordinance updating and expanding the Sign Code as codified in Pg•157 (continued) Tukwila Municipal Code Title 19 to respond to the needs of businesses and to address the changing urban landscape of the City. (2) A resolution revising the land use fee schedule to amend fees related Pg•171 to certain types of signage. c. Authorize the Mayor to sign a 3 -year lease with Mike West for the property Pg•175 located at 14862 Tukwila International Boulevard for a Neighborhood Resource Center and authorize the use of drug asset forfeiture funds to cover the one time cost of approximately $74,071. Please refer to 5114112 C.O. W. packet. Q d. A resolution updating and clarifying the non represented employees' Pg.177 compensation and adopting the Non Represented Salary Schedule and benefits summary effective January 1, 2012. e. Tukwila Transit Center and Andover Park West Projects: Pg.189 (1) An ordinance authorizing and providing for the acquisition of interests Pg.191 in land for the purpose of completing the Tukwila Transit Center Project. (2) An ordinance authorizing and providing for the acquisition of interests Pg.215 in land for the purpose of completing the Andover Park West Widening Project. 7. NEW BUSINESS Tukwila Potential Annexation Area (PAA) North Highline Pg•239 8. REPORTS a. Mayor b. City Council c. Staff City Administrator Report Pg.253 d. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION —Personnel Issue —Pursuant to RCW 42.30.110(1)(g) 30 minutes 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your continents to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on continents received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. Prepared By: Summary Peggy McCarthy Craig Zellerhoff March 31 2012 City -wide, unreserved fund balances increased $1.095 million in the first quarter 2012 from $13.9 million at December 31, 2011 to $15 million at March 31, 2012. The governmental funds reduced the City -wide fund balance by $15 thousand, the internal service funds and the enterprise funds contributed $531 thousand and $609 thousand respectively as increases to the City -wide balance. Of the governmental funds, the General Fund experienced a fund balance g increase $225 thousand which is slightly lower than the increase experienced in 2011 (after y p adjustment). Further discussion of the governmental funds and the General Fund occurs on the following pages. The enterprise funds had a net increase of $609 thousand due mainly to revenue received from A the January semi annual billing of the surface water fees. The Water Fund decline stems from the cyclical nature of water usage with greater consumption occurring in the summer months 0 billed out at the higher summer water rates. The Golf Course revenue is also cyclical with few- er rounds of golf played in the winter months causing a revenue shortfall and a corresponding decline in fund balance for the first quarter. J 3 P The financial outlook for the City remains stable. However, financial uncertainly continues to be a concern. Global issues, such as the financial troubles with the European Union, have an affect on national and local economies. Nationally, the federal income tax rates will increase in 2013 unless the federal -overnment takes action in 2012 to retain the existing rates. Any reduction in discretionary income affects consumer spending and thereby sales tax collections impacting both City and State revenues. To protect against these financial uncertainties, the City continues to follow conservative financial policy. CITY -WIDE FUND BALANCES I CHANGE IN FUND BALANCES Variance ACTUAL ACTUAL --I-- BUDGET YTD 12/31/2011 03/31 /2012 YTD YTD Gmernmental funds $24,804 984 24,760,196 (44,788) 605,970 (650,758) Enterprise funds 9,028,484 9,637,594 609,110 (765,186) 1,374,296 Internal service funds 10,125,668 10,656,870 531,202 39,170 492,031 City -wide Total 43,959,136 45,054,660 1 1,095,524 1 (120,046)) 1,215,570 Fund Balances" As of March 31, 2012 III u General Fund Hotel Mot $6 St eet Fund ..$4. 960 886 rr:::. G,.... Arterial Street Fund Contingency Fund $1 V Fire Equip Cum Reserve 884,410 Debt Service Funds $226,4621 }s...,,..,.,.m .,,,......5, $3;314752 Pares Rep Fund ,$.131 $2. Genera G o v l apt Fee ents 5 $31 $63 ,110 $2.019;099 Facilit P N Water Fund 4 $4.251 1 Sewer Fundr $2 771 Surface e Water Fund $14 I $3292 w Equipment Replacement Fund 1 ,'d $3 Self- Insurance Fund I 419 $5,307 O LEOFF Insurance Fund $1.95,503 I I 1 Unreserved/ $1 000 000 $2 000 000 $3 000 000 $4 000 000 $5 000 000 $6 000 000 $7 000 000 N Inside this issue: Governmental Funds 2 General Fund Expenditures 5 General Fund Revenues 2 -4 Enterprise and Internal Service Funds I 6 SIN,I 9ri�,�. FUND BALANCES CHANGE IN FUND BALANCES TOTAL GOVERNMENTAL FUNd $24,804,984 $24,760,1961 (44,788)1$ 605,970 1 (650,758) First quarter activity resulted in a slight decrease of $44,744 in the governmental fund balances comprised of an increase in the General fund balance of $225,674 and a decrease of $291K in the Hotel /Motel Tax Fund. The decline in the Hotel /Motel Tax Fund balance was due to a delay in receiving reimbursement funds from Seattle Southside member agencies. These amounts were received in second quarter. The General Fund balance increase of $225K compares with the 2011 fund balance increase of $456K (this amount is adjusted to achieve comparability between the two years the 2011 transfer out to the Contingency Fund of $556K is added back to fund balance since a corresponding transfer out was not made in the first quarter of 2012). First quarter General Fund revenue was $10.929 million for 2012 compared with $10.476 million for 2011; General Fund expenditures were $10.704 million for 2012 compared with $10.42 million in 2011 after reducing 2011 expenditures for the $566K transfer out to the Contingency Fund). The increase in expenditures is partially due to the increase in the WCIA liability insurance assessment as a result of lowing the deductible from $100,000 in 2011 to $25,000 in 2012. General Fund revenues and expenditures are discussed in more detail on the following pages. Page 2 2012 FIRST QUARTER FINANCIAL REPORT 2 Governmental Funds Variance ACTUAL ACTUAL BUDGET YTD 12/31/2011 03/31/2012 YTD YTD 000 General Fund 1 5,912,116 6,137,790 1 225,674 1 (781,603) 1,007,276 101 Hotel /Motel Tax Fund 787,568 496,220 (291,348) (76,900) (214,448) 103 Street Fund 903,937 960,886 56,949 (52,224) 109,172 104 Arterial Street Fund 6,929,396 6,882,475 (46,921) 1,345,723 (1,392,644) 105- Contingency Fund 1,457,728 1,457,929 201 750,454 (750,253) 107 Fire Equip Cum Reserve 890,797 884,410 (6,387) 32,281 (38,668) 109 Drug Seizure Fund 229,711 226,462 (3,249) 17,750 (20,999) Special Revenue Funds 1 11,199,137 10,908,381 1 (290,756)1 2,017,084 1 (2,307,840) 2xx Debt Service I 3,316,312 3,314,752 I (1,560) (72,745) 71,184 301 Parks Acq Fund 1,427,973 1,430,473 2,500 (361,851) 364,351 302 Facility Replacement Fund 2,027,014 2,019,099 (7,915) (20,550) 12,635 303 General Gov Improvements 608,613 633,110 24,497 (186,892) 211,389 304 Fire Impact Fee Fund 313,819 316,591 2,772 12,525 (9,753) Capital Project Funds 1 4,377,419 4,399,273 1 21,854 1 (556,767)1 578,622 TOTAL GOVERNMENTAL FUNd $24,804,984 $24,760,1961 (44,788)1$ 605,970 1 (650,758) First quarter activity resulted in a slight decrease of $44,744 in the governmental fund balances comprised of an increase in the General fund balance of $225,674 and a decrease of $291K in the Hotel /Motel Tax Fund. The decline in the Hotel /Motel Tax Fund balance was due to a delay in receiving reimbursement funds from Seattle Southside member agencies. These amounts were received in second quarter. The General Fund balance increase of $225K compares with the 2011 fund balance increase of $456K (this amount is adjusted to achieve comparability between the two years the 2011 transfer out to the Contingency Fund of $556K is added back to fund balance since a corresponding transfer out was not made in the first quarter of 2012). First quarter General Fund revenue was $10.929 million for 2012 compared with $10.476 million for 2011; General Fund expenditures were $10.704 million for 2012 compared with $10.42 million in 2011 after reducing 2011 expenditures for the $566K transfer out to the Contingency Fund). The increase in expenditures is partially due to the increase in the WCIA liability insurance assessment as a result of lowing the deductible from $100,000 in 2011 to $25,000 in 2012. General Fund revenues and expenditures are discussed in more detail on the following pages. Page 2 2012 FIRST QUARTER FINANCIAL REPORT 2 Actual revenue achieved for the first quarter was 20.50 of the annual budget instead of the 25% expected, producing a $2.4 million negative variance for the quarter. First quarter 2012 reve- nues totaled $10.929 million compared with $10.576 for 2011. Selected revenues are dis- cussed below. 2012 Annual Actual Variance %of Annual Budget Prorated Budget year -To -Date Actual to Prorated Budget Variance Budget $53,317,041 $13,329,260 $10,929,730 ($2 20.50% Taxes Year -To -Date Variance 2012 Annual Prorated Actual °of Annual PROPERTY TAX REVENUE Budget Budget Year -To -Date Actual to Prorated Budget Budget Real and Personal Property $13,868,250 $3,467,063 $445,399 ($3,021,663) 3.21% The first quarter negative revenue variance is due to the timing of property tax collections which are received mostly in the 2nd and 4th quarters of the year corresponding with the April 30th and October 31st tax payment due dates. Property tax received through the first quarter represented only 3.21% of budget. However, the property tax collected as of this writing totals $7.2 million and exceeds 50(70 of budget suggesting all budgeted property tax will be collected for the year. Sales and use tax received in the first quarter totaled $4.4 million which exceeds the prorated budget for this period by $367,557. The revenue includes sales tax collected in November and December of 2011 and January 2012 but received by the City in Janu- ary, February and March of 2012 reflecting the two -month delay in the tax remittance from the State. Of sales tax received in the past four months (January through April 2012), the $50K year over year increase in the April remittance was the only substantial increase experienced. More in depth sales tax information will be presented at the Finance Safety Committee meeting June 19th. 2012 Annual Prorated Actual Variance of Annual OTHER TAX REVENUE Budget Budget Year -To -Date Actual to Prorated Budget Budget ADMISSION TAXES I $654,000 $163,500 $120,813 ($42,687) I 18.47% EXCISE TAX Gambling tax $2,502,142 $625,536 $218,196 ($407,340) 8.72% Leasehold tax $139,161 $34,790 $609 ($34,182) 0.44% TOTAL EXCISE TAX I $2,641,303 $660,326 $218,804 ($441,521) I 8.28% In 2011, admissions tax collections were less than bud and this trend continues in 2012. The revenue for the fiat quarter 2012 totaled $120,813, exceeding fiat quarter 2011 by approximately $5,000. Most of this revenue is generated by the movie theatres. Attendance fluctuates based on popularity of movies shown and other factors. Gamblim tax revenue is below budget due to reduced revenues received from one casino in particular; this reduction is partially offset by increased revenue by a new casino that opened in December 2011. Page 3 2012 FIRST QUARTER FINANCIAL REPORT 3 2012 Annual Prorated Actual Variance °of Annual SALES USE TAX Budget Budget Year -To -Date Actual to ANNUAL Budget Budget Sales Tax $14,413,000 $3,603,250 $3,948,063 $344,813 27.39% Sales Tax Mitigation $1,200,000 $300,000 $301,763 $1,763 25.15% Natural Gas Use Tax $280,000 $70,000 $83,376 $13,376 29.78% Sales Tax Criminal Justice $355,000 $88,750 $96,654 $7,904 27.23% TOTAL SALES USE TAX $16,248,000 $4,062,000 $4,429,857 $367,857 27.26% Sales and use tax received in the first quarter totaled $4.4 million which exceeds the prorated budget for this period by $367,557. The revenue includes sales tax collected in November and December of 2011 and January 2012 but received by the City in Janu- ary, February and March of 2012 reflecting the two -month delay in the tax remittance from the State. Of sales tax received in the past four months (January through April 2012), the $50K year over year increase in the April remittance was the only substantial increase experienced. More in depth sales tax information will be presented at the Finance Safety Committee meeting June 19th. 2012 Annual Prorated Actual Variance of Annual OTHER TAX REVENUE Budget Budget Year -To -Date Actual to Prorated Budget Budget ADMISSION TAXES I $654,000 $163,500 $120,813 ($42,687) I 18.47% EXCISE TAX Gambling tax $2,502,142 $625,536 $218,196 ($407,340) 8.72% Leasehold tax $139,161 $34,790 $609 ($34,182) 0.44% TOTAL EXCISE TAX I $2,641,303 $660,326 $218,804 ($441,521) I 8.28% In 2011, admissions tax collections were less than bud and this trend continues in 2012. The revenue for the fiat quarter 2012 totaled $120,813, exceeding fiat quarter 2011 by approximately $5,000. Most of this revenue is generated by the movie theatres. Attendance fluctuates based on popularity of movies shown and other factors. Gamblim tax revenue is below budget due to reduced revenues received from one casino in particular; this reduction is partially offset by increased revenue by a new casino that opened in December 2011. Page 3 2012 FIRST QUARTER FINANCIAL REPORT 3 General Fund. Revenue- Continued S r ri f11R1';IIRJ_ Revenue Generating Regulatory License (RGRL) fees generated revenue equal to 43 of the annual budget or $334,646 less than expected for the year. Business License Fee revenue is equal to 54.67(70 of the annual budget or $365,477 less than expected for the year. The majority of the revenue is received in the first quarter, however collection of late payments and continual collection of fees from new business and contractors loin" business in the City will add to this revenue total throughout the remainder of the year. 2012 Annual Prorated Actual Variance of Annual FEE REVENUE Budget Budget Year -To -Date Actual to ANNUAL Budget Budget Revenue Generating Regulatory $1,975,000 $493.750 $1 ($334 83.06% License (RGRL) $185 $46,250 $13,714 ($32 7.41% Rental Housing License $42.750 $10.688 $28.950 ($13,800) 67.72% Business Licenses $807.227 $201.807 1 $441 ($365 54.67% Revenue Generating Regulatory License (RGRL) fees generated revenue equal to 43 of the annual budget or $334,646 less than expected for the year. Business License Fee revenue is equal to 54.67(70 of the annual budget or $365,477 less than expected for the year. The majority of the revenue is received in the first quarter, however collection of late payments and continual collection of fees from new business and contractors loin" business in the City will add to this revenue total throughout the remainder of the year. The General Fund revenue category, charges for services, yielded only 15.01 '70 of budget producing a $220,714 negative budget variance. This variance is partially clue to the cyclical nature of the fees as many of the activates generating the fees occur more frequently in the second and third quarter of the year. The Recreation programs have many more participants in the summer months; construction activity, which generates protective inspection fees and plan check and review fees, also accelerates in the spring and summer months. The first quarter total for Charges for Services revenue of $331,411 is comparable to the first quarter revenue for the first quarter of 2011 of $363.206. Page 4 2012 FIRST QUARTER FINANCIAL REPORT El 2012 Annual Prorated Actual Variance °of Annual CHARGES FOR SERVICES Budget Budget Year To Date Actual to Prorated Budget Budget SECURITY Law Enforcement Services $185 $46,250 $13,714 ($32 7.41% Probation Services $85.390 $21.348 $20.538 ($809) 24.05% Protective inspection fees $231 $57,755 $84,161 $26,407 36.43% Other $9.725 $2.431 $2.822 ($6,939) 29.02% TOTAL SECURITY I $511,134 $127 $121 s $18,658 I 23.72% PLAN CHECK REVIEW FEES Zoning and subdivision fees $130.000 $32.500 $16.592 ($15,908) 12.76% Plan checking fees $685,000 $171,250 $96,559 ($74 14.10% Other $43.500 $10.875 $3.883 ($6,992) 8.93% TOTAL PLAN CHECK REVIEW I $858 $214 $117 4 ($97,591) I 13.63% CULTURE AND REC FEES Fitness drop ins, passes $68,000 $17,000 I $26,939 $9,939 39.62% Youth Teen programs $399.000 $99.750 $30.392 ($69,358) 7.62% Adult Senior Programs $144.500 $36.125 $24.154 4 ($11 16.72% TOTAL CULTURE REC I $611 $152,875 $81 ($71,348) I 13.33% I The General Fund revenue category, charges for services, yielded only 15.01 '70 of budget producing a $220,714 negative budget variance. This variance is partially clue to the cyclical nature of the fees as many of the activates generating the fees occur more frequently in the second and third quarter of the year. The Recreation programs have many more participants in the summer months; construction activity, which generates protective inspection fees and plan check and review fees, also accelerates in the spring and summer months. The first quarter total for Charges for Services revenue of $331,411 is comparable to the first quarter revenue for the first quarter of 2011 of $363.206. Page 4 2012 FIRST QUARTER FINANCIAL REPORT El General Fund Expense I DEPARTMENTS City Council Mayor Human Resources Finance City Attorney Recreation Community Development Municipal Court Police Fire Information Technology Public Works Park Maintenance Street Maintenance Dept 20 TOTAL Annual Budget Prorated Budget 1st Otr Actual Variance- %of Budget 269,655 67,414 60,512 (6,901) 22.4% 220 2,543,991 635,998 458,394 (177,604) 18.0% 3,000 573,396 143,349 124,569 (18,780) 21.7% 75 1,603,133 400,783 368,366 (32,417) 23.0% 3,309 542,734 135,684 80,320 (55,364) 14.8% 225 2,530,147 632,537 521,242 (111,295) 20.6% 11,089,752 2,858,579 714,645 629,064 (85,581) 22.0% 56,443,451 993,849 248,462 237,168 (11,295) 23.9% 14,197,710 3,549,428 3,408,027 (141,400) 24.0% 10,308,193 2,577,048 2,456,619 (120,429) 23.8% 1,153,947 288,487 230,546 (57,940) 20.0% 3,613,803 903,451 755,803 (147,648) 20.9% 935,027 233,757 245,544 11,787 26.3% 2,676,535 669,134 778,741 109,608 29.1% 11,642,752 2,910,688 349,142 (2,561,546) 3.0% 56,443,451 14,110,863 I 10,704,057 I 3,406,806)1 19.0% The General Fund expenditures constituted 19.0 of the budget at March 31 st, producing a quarterly prorated savings of $3.4 million. Some of the savings, $2.5 million, comes from delayed transfers out of the general fund and into other funds. The $10,364,752 annual budget for transfers out of the general fund is comprised of the amounts in the table at right. These trans- fers will be made to the funds on an as needed basis. All departments in the General Fund are below budget with the exception of Street Maintenance which incurred costs in connection with the January snow storm. The City i5 currently applying for disaster reimbursement through FEMA for costs associated with storm. BUDGET- Dept 20, Transfers -out Fund Fund Name in Thous $1 103 Residential Streets 220 104 Arterial Streeet 2,000 105 Contingency 3,000 107 Fire Equipment Rsv 130 109 Drug Seizure 75 303 Gen'I Govt Imprvments 1,300 various Debt Service 3,309 401 Water Fund 106 411 Golf Course Fund 225 76,750 TOTAL 10,365 I CATEGORIES I Annual Budget I Prorated Budget L, 1st Qtr Actual I Variance I %of Budget Salary and benefits 33,702,558 8,425,640 7,891,054 (534,586) 23.4% Supplies 1,193,673 298,418 214,730 (83,689) 18.0% Professional services 8,180,993 2,045,248 2,186,797 141,549 26.7% Intergovernmental 1,969,475 492,369 374,107 (118,262) 19.0% Capital expenditures 307,000 76,750 12,754 (63,996) 4.2% Miscellaneous general 11,089,752 2,772,438 24,615 (2,747,823) 0.2% TOTAL 56,443,451 14,110,863 10,704,0571 (3,406,806)1 19.0% 1 Salaries and Benefits are slightly lower than budget by $534,546 as salary increases for the non- represented employees were re- flected in the budget but will not be paid until the second quarter. The below budget variances on the other expenditure types i5 due to timing of expenditures. Page 5 2012 FIRST QUARTER FINANCIAL REPORT 5 Other Governmental funds Fund 104 Arterial Street Fund. Capital expenditure activi- ty included work on the Urban Transit Center and Andover Park West, the Southcenter Parkway Extension and overlay projects. Fund 303 General Government Fund. On May 14th, the King County Flood Control District agreed to provide 75 of the funds needed for the removal of the sandbags and other flood mitigation devices along the Green River. Enterprise Funds Fund 401 Water. The Water fund realized a fund balance decrease of $535K during the quarter. Revenue through the first quarter is at 19.94 of budget with revenue from the sale of water at 19.96 The cost to purchase water is at 31.95 of budget and includes an annual fee paid to Cascade Water Alliance in the first quarter each year. Fund 402- Sewer. The Sewer fund realized a fund balance increase of $144,022 on sewer revenue of $1.5 million or 24.49% of budget. Revenues and expenses through the first quarter are 24.49 and 21.03 of budget. Fund 411 -Golf Course. The Golf Course realized a fund bal- ance decrease of $185,345. Revenues and expenses through the first quarter are 6.22% and 14.69% of budget. Green fees during the first quarter were 6.06% of budget, but should increase dur- ing the second and third quarters as the weather improves and Golf rounds played increases. Fund 412- Surface Water. The Surface Water fund realized a fund balance increase of $1.1 million, due to the timing of the semi annual billings during the first quarter. Revenues and ex- penses through the first quarter are 49.25% and 15.09% of budget. INTERNAL SERVICE FUND BALANCES FUND BALANCES I CHANGE IN FUND BALANCES CHANGE IN FUND BALANCES ENTERPRISE FUNDS Variance FUNDS ACTUAL ACTUAL BUDGET YTD BUDGET YTD 12/31/2011 03/31/2012 YTD YTD YTD 401 Water Fund 4,787,053 4,251,751 (535,302) (222,305) (312,997) 402 Sewer Fund 1,890,166 2,078,188 188,022 (292,154) 480,176 411 Foster Golf Fund 200,116 14,771 (185,345) (39,379) (145,967) 412 Surface Water Fund 2,151,149 3,292,884 1,141,735 (211,348) 1,353,084 (ENTERPRISE FUNDS I 9,028,484 9,637,594 609,110 1 (765,186) 1,374,296 Fund 401 Water. The Water fund realized a fund balance decrease of $535K during the quarter. Revenue through the first quarter is at 19.94 of budget with revenue from the sale of water at 19.96 The cost to purchase water is at 31.95 of budget and includes an annual fee paid to Cascade Water Alliance in the first quarter each year. Fund 402- Sewer. The Sewer fund realized a fund balance increase of $144,022 on sewer revenue of $1.5 million or 24.49% of budget. Revenues and expenses through the first quarter are 24.49 and 21.03 of budget. Fund 411 -Golf Course. The Golf Course realized a fund bal- ance decrease of $185,345. Revenues and expenses through the first quarter are 6.22% and 14.69% of budget. Green fees during the first quarter were 6.06% of budget, but should increase dur- ing the second and third quarters as the weather improves and Golf rounds played increases. Fund 412- Surface Water. The Surface Water fund realized a fund balance increase of $1.1 million, due to the timing of the semi annual billings during the first quarter. Revenues and ex- penses through the first quarter are 49.25% and 15.09% of budget. INTERNAL SERVICE FUND BALANCES I CHANGE IN FUND BALANCES FUNDS Variance ACTUAL ACTUAL BUDGET YTD 12/31/2011 03/31/2012 YTD YTD 501 Equipment Replacement 3,513,202 3,653,947 140,745 336,027 (195,282) 502 Self- Insurance Fund 4,983,480 5,307,419 323,939 (81,237) 405,176 503 LEOFF Insurance Fund 1,628,986 1,695,503 66,517 (98,109) 164,626 INTERNAL SERVICE FUNDS I $10,125,668 $10,656,870 I 531,202 I 156,681 I 374,521 Fund 501- Equipment Replacement. Expenditures for the first Fund 503 -LEOFF Insurance. First quarter activity resulted in quarter are $454,129 or 22.37 of budget. an increase of $66,517 to the fund balance. Claim activity through 2012 was lower than the revenue received through em- ployer contributions. Fund 502 Insurance. Employee healthcare costs are under budget for the first quarter. In the second quarter the fund has experienced an increase in claim activity and amounts, which will have a negative impact on the fund balance. During the first quarter, activity resulted in an increase of $323,939 to the fund balance. Page 6 2012 FIRST QUARTER FINANCIAL REPORT !•J City of Tukwila Statement Footnotes As of March 31 2012 The following footnotes comment on significant differences in the following quarterly financial statements. FN Comment (a) Insurance premiums are paid once a year at the beginning of the year. Therefore most, if not all, of the annual budget has been expended by the end of the first quarter. (b) Purchase of network and computer equipment will occur later in the year. Fire Department salaries are slightly over budget due to 2012 clothing allowance of $20,319 paid in (o) January, Standby Pay, Fire Admin budgeted at .75 FTE, EOC budget based on .5 FTE Cert Trainer but working full -time and Emergency Management Coordinator budgted as non -rep position, but filled by Batallion Chief Martin Grisham with a higher compensation than budget. (d) 2012 EDEN maintenance fees of $53,085 (e) 2012 Property tax of $1,969 (f) Park Department salaries are over budget due to two positions eliminated for 2011 -2012 budget, but positions were reinstated after union grievance. (g) 2012 Snow /Ice storm related expenses, a portion of the expenses will be reimbursed by FEMA. (h) Pubilic Utility costs include the 1 st Half of 2012 Surface Water and Sewer charges. 0) Attorney costs relate to the revolving fund with WCIA. (j) Intergovernment revenues for the first quarter were received in April. (k) Advertising costs exceed the prorated budget due to the printing costs related to the Annual Planning Guide. Certain Public Works staff, whose salaries are budgeted in the general fund, worked on arterial street (1) projects and charged their time to this fund creating an overbudget situation. The only two staff that are budgeted into the arterial street fund are Mike Ronda and Cyndy Knighton. Construction projects for 2012 include the Urban Transit Center, Andover Park West, ongoing (m) Southcenter Parkway and 2012 overlay projects. Acitvity on these projects will ramp up during the second quarter of 2012. (n) Water purchases during the first quarter include the annual fee charge of $126,558. Sewer Department salaries are over budget due to coverage by other employees from various (o) departments due to an employee out on medical leave. Time loss reimbursements of $10,000 were received and deposited in April 2012. (p) The decrease in revenue for 2012 was due to poor spring weather affecting participation rates. 7 City of Tukwila General Fund 000 Revenue and Expenditures As of March 31 2012 of year expired 25.00% 201 Variance Actual over (under) prorated budget Fund 000 51 Prorated Actual of Annual Annual Budget Budget Year -To -Date Variance Budget Revenue General Revenue Property Taxes 13,868,250 3,467,063 445,399 (3,021,663) 3.21% Sales and Use Taxes 16,248,000 4,062,000 4,429,857 367,857 27.26% Revenue Generating Regulatory Lics 1,975,000 493,750 1,640,354 1,146,604 83.06% Rental housing license 42,750 10,688 28,950 18,263 67.72% Admissions Tax 654,000 163,500 120,813 (42,687) 18.47% Utility Taxes 4,840,000 1,210,000 1,132,756 (77,244) 23.40% Interfund Utility Tax 1,524,000 381,000 437,949 56,949 28.74% Excise Taxes A 1 1 1 1 I I A 2,641,303 660,326 218,804 (441,521) Jr.: 8.28% Penalties /Interest 67 17 28 12 42.33% Total General Revenue 41,793,370 10,448,343 8,454,912 (1,993,431) 20.23% Licenses and Permits Business Licenses and Permits 807,227 201,807 441,350 239,543 54.67% Building Permits and Fees 1,058,589 264,647 195,968 (68,680) 18.51% Total Licenses and Permits 1,865,816 466,454 637,317 170,863 34.16% Intergovernmental Revenue 2,944,147 736,037 735,521 (516) 24.98% Charges for Services General Government 60,951 15,238 10,926 (4,312) 17.93% Security 511,134 127,784 121,235 (6,548) 23.72% Engineering Services 9,867 2,467 (2,467) 0.00% Transportation 158,149 39,537 1,089 (38,448) 0.69% Plan Check and Review Fees 858,500 214,625 117,034 (97,591) 13.63% Culture and Rec Fees 611,500 152,875 81,527 (71,348) 13.33% Total Charges for Services 2,210,101 552,525 331,811 (220,714) 15.01% Fines and Penalties 213,270 53,318 49,467 (3,850) 23.19% Miscellaneous Revenue Investment Earnings 133,757 33,439 20,544 (12,895) 15.36% Rents and Concessions 417,203 104,301 99,939 (4,361) 23.95% Insurance Premiums /Recovery 1,000 250 (250) 0.00% Contributions /Donations 1,600 400 3 (397) 0.17% Other Misc Revenue 99,200 24,800 17,549 (7,251) 17.69% Total Miscellaneous Revenue 652,760 163,190 138,036 (25,154) 21.15% Sale of Capital Assets 1,300,500 325,125 (325,125) 0.00% Transfers In Indirect cost allocation 2,337,077 584,269 582,666 (1,603) 24.93% Total Revenue 53,317,041 13;329,260 10,929,730 (2,399,530)i 20.50 Total Expenses (g) 56,443,45' 14110,863 10,704,057 (3,406,806) 18.96 Change in Fund Balance (3,126,410) (781,603) 225,674 1,007,276 -7.22% Beginning Fund Balance 4,441,652 4,441,652 5,912,116 1,470,464 133.11% Ending Fund Balance 1,315,242 3,660,050 6.137,790 2,477,740 466.67 Cash and investments 3,263,311 Variance Actual over (under) prorated budget Fund 000 51 City of Tukwila General Fund Expenditures By Department As of March 31 2012 TOTALS ALL DEPARTMENTS CITY COUNCIL MAYOR HUMAN RESOURCES FINANCE CITY ATTORNEY RECREATION COMMUNITY DEVELOPMENT MUNICIPAL COURT POLICE FIRE INFORMATION TECHNOLOGY PUBLIC WORKS PARK MAINTENANCE STREET MAINTENANCE OPERATION DEPT 20 TOTAL Annual Budget Prorated Budqet Actual Spent 269,655 67,414 60,512 2,543,991 635,998 458,394 573,396 143,349 124,569 1,603,133 400,783 368,366 542,734 135,684 80,320 2,530,147 632,537 521,242 2,858,579 714,645 629,064 993,849 248,462 237,168 14,197,710 3,549,428 3,408,027 10,308,193 2,577,048 2,456,619 1,153,947 288,487 230,546 3,613,803 903,451 755,803 935,027 233,757 245,544 2,676,535 669,134 778,741 11,642,752 2,910,688 349,142 56.443.451 14.110,863 10,704,057 01 CITY COUNCI! 11 SALARIES 21 FICA 23 PERS 24 INDUSTRIAL INSURANCE 25 MEDICAL, DENTAL, LIFE,OPTICAL 31 OFFICE OPERATING SUPPLIES 41 PROFESSIONAL SERVICES 42 COMMUNICATION 43 TRAVEL 49 MISCELLANEOUS CITY COUNCIL_ of year expired Vari ance (6,901) (177,604) (18,780) (32, 417) (55,364) (111,295) (85,581) (11,295) (141,400) (120,429) (57,940) (147,648) 11,787 109,608 (2,561,546) (3. 406,606), Annual Budget Prorated Budqet Actual Spent Variance 177,720 44,430 43,782 (648) 13,274 3,319 3,281 (37) 8,016 2,004 1,576 (428) 2,745 686 503 (183) 20,630 5,158 4,197 (961) 3,870 968 410 (557) 1,500 375 (375) 4,400 1,100 974 (126) 25,000 6,250 5,564 (686) 12,500 3,125 225 (2,900) 269,655 67,414 60,51s (6,901) Variance Actual over (under) prorated budget Fund 000 By Dept 25.00% Spent 22.44% 18.02% 21.72% 22.98% 14.80% 20.60% 22.01% 23.86% 24.00% 23.83% 19.98% 20.91% 26.26% 29.10% 3.00% 18.96 %0. Spent 24.64% 24.72% 19.66% 18.33% 20.34% 10.61% 0.00% 22.14% 22.26% 1.80% 22.44% X City of Tukwila General Fund Expenditures By Department As of March 31 2012 of year expired 25.00% 03 MAYOR Annual Budget _Prorated Budget Actual Spent Variance ;o Spent 11 SALARIES 1,001,516 250,379 222,605 (27,774) 22.23% 12 EXTRA LABOR 15,500 3,875 (3,875) 0.00% 13 OVERTIME 573 143 (143) 0.00% 21 FICA 71,953 17,988 16,841 (1,147) 23.41% 23 PERS 89,697 22,424 16,074 (6,351) 17.92% 24 INDUSTRIAL INSURANCE 4,167 1,042 635 (407) 15.24% 25 MEDICAL, DENTAL, LIFE,OPTICAL 173,067 43,267 34,964 (8,302) 20.20% 31 OFFICE OPERATING SUPPLIES 33,856 8,464 5,334 (3,130) 15.76% 35 SMALL TOOLS MINOREQUIPMENT 4,935 1,234 (1,234) 0.00% 41 PROFESSIONAL SERVICES 759,470 189,868 92,151 (97,717) 12.13% 42 COMMUNICATION 85,300 21,325 12,325 (9,000) 14.45% 43 TRAVEL 19,800 4,950 2,708 (2,242) 13.68% 44 ADVERTISING 17,250 4,313 1,186 (3,127) 6.87% 45 OPERATING RENTALS LEASES 28,108 7,027 6,365 (662) 22.65% 48 REPAIRS MAINTENANCE 14,500 3,625 813 (2,812) 5.60% 49 MISCELLANEOUS 176,799 44,200 45,221 1,021 25.58% 'lwli "I 'lWH[ 51 INTERGVRNMTL PROFESSIONAL SVCS 26,500 6,625 1,173 (5,452) 4.42% 64 MACHINERY EQUIPMENT 21,000 5,250 (5,250) 0.00% MAYOh 2,543,991 R *15,99u 458,394 f.177,604) 18.02 04 HUMAN RESOURCES Annual Budget Prorated Budget Actual Spent Variance Spent 11 SALARIES 347,760 86,940 84,775 (2,165) 24.38% 21 FICA 25,201 6,300 6,178 (122) 24.52% 23 PERS 31,151 7,788 6,058 (1,730) 19.45% 24 INDUSTRIAL INSURANCE 1,373 343 235 (109) 17.09% 25 MEDI CAL, D ENTAIL, LIFE,OPTICAL 56,803 14,201 14,116 (85) 24.85% 31 OFFICE OPERATING SUPPLIES 7,103 1,776 1,047 (729) 14.74% 41 PROFESSIONAL SERVICES 79,050 19,763 6,589 (13,173) 8.34% 43 TRAVEL 2,500 625 (625) 0.00% 44 ADVERTISING 9,000 2,250 2,447 197 27.19% 45 OPERATING RENTALS LEASES 50 13 5 (7) 10.96% 48 REPAIRS MAINTENANCE 5,405 1,351 (1,351) 0.00% 49 MISCELLANEOUS 8,000 2,000 3,118 1,118 38.97% HUMAN RESOURCES 573,396 143,349 124,569 '18,780) 21.72 s Variance Actual over (under) prorated budget Fund 000 By Dept IE City of Tukwila General Fund Expenditures By Department As of March 31 2012 05 FINANCE Annual Budget Prorated Budget 11 SALARIES 978,689 244,672 12 EXTRA LABOR 10,000 2,500 13 OVERTIME 1,147 287 21 FICA 72,356 18,089 23 PERS 87,592 21,898 24 INDUSTRIAL INSURANCE 4,118 1,030 25 MEDICAL, DENTAL, LIFE,OPTICAL 205,614 51,404 26 UNEMPLOYMENT COMPENSATION 31 OFFICE OPERATING SUPPLIES 24,849 6,212 41 PROFESSIONAL SERVICES 190,000 47,500 42 COMMUNICATION 1,000 250 43 TRAVEL 5,000 1,250 46 INSURANCE 48 REPAIRS MAINTENANCE 5,000 1,250 49 MISCELLANEOUS 12,768 3,192 64 MACHINERY EQUIPMENT FINANCE 5,000 1,250 1,603,133 4 00,783 of year expired Actual Spent Variance 213,091 (31,582) (2,500) 2,665 2,378 16,262 (1,827) 15,581 (6,317) 640 (389) 44,379 (7,024) 2,195 65,481 185 397 807 352 6,331 368,36h (4,017) 17,981 (65) (853) 807 (898) 3,139 (1,250) !32,418} 25.00% io Spent 21.77% 0.00% 232.30% 22.48% 17.79% 15.55% 21.58% 0.00% 8.83% 34.46% (d) 18.50% 7.94% 0.00% 7.03% 49.58% (e) i 0.00% 22.98% 06 CITY ATTORNEY Annual Budget Prorated Budget Actual Spent Variance Spent 12 EXTRA LABOR 2,500 625 (625) 0.00% 21 FICA 795 199 (199) 0.00% 24 INDUSTRIAL INSURANCE 439 110 (110) 0.00% 31 OFFICE OPERATING SUPPLIES 5,000 1,250 428 (822) 8.57% 41 PROFESSIONAL SERVICES 528,000 132,000 79,831 (52,169) 15.12% 42 COMMUNICATION 2,500 625 (625) 0.00% 45 OPERATING RENTALS LEASES 500 125 (125) 0.00% 48 REPAIRS MAINTENANCE 2,000 500 (500) 0.00% 49 MISCELLANEOUS 1,000 250 60 (190) 6.02% CITY ATTORNEY 542,734 135,684 80,320 (55,364) 14.80 Variance Actual over (under) prorated budget Fund 000 By Dept 11 City of Tukwila General Fund Expenditures By Department As of March 31 2012 of year expired 25.00% 07 RECREATION Annual Budget Prorated Budget Actual Spent Variance "6 Spent 11 SALARIES 1,165,454 291,364 292,351 987 25.08 12 EXTRA LABOR 296,627 74,157 49,630 (24,527) 16.73% 13 OVERTIME 600 150 (150) 0.00% 21 FICA 130,960 32,740 25,810 (6,930) 19.71% 23 PERS 120,980 30,245 22,730 (7,515) 18.79% 24 INDUSTRIAL INSURANCE 35,855 8,964 5,752 (3,212) 16.04% 25 MEDICAL, DENTAL, LIFE,OPTICAL 247,844 61,961 59,736 (2,225) 24.10% 31 OFFICE OPERATING SUPPLIES 81,188 20,297 8,940 (11,357) 11.01% 34 ITEMS PORCH. FOR INVENT /RESALE 14,200 3,550 5,043 1,493 35.51% 41 PROFESSIONAL SERVICES 200,666 50,167 13,922 (36,245) 6.94% 42 COMMUNICATION 27,380 6,845 923 (5,922) 3.37% 43 TRAVEL 8,000 2,000 292 (1,708) 3.65% 44 ADVERTISING 21,000 5,250 2,282 (2,968) 10.87% 45 OPERATING RENTALS LEASES 55,861 13,965 9,763 (4,202) 17.48% 47 PUBLIC UTILITY SERVICES 26 26 0.00% 48 REPAIRS MAINTENANCE 32,550 8,138 14,799 6,662 45.47% 49 MISCELLANEOUS 90,982 22,746 9,231 (13,515) 10.15% 53 EXT TAXES OPERATING ASSMNTS 12 12 0.00% RECREATION 2,530,147 632,537 521,242 ,111,295) 20.60% 08 COMMUNITY DEVELOPMENT Annual Budget Prorated Budget Actual Spent Variance Spent 11 SALARIES 1,783,293 445,823 452,743 6,920 25.39% 12 EXTRA LABOR 38,650 9,663 11,633 1,970 30.10% 13 OVERTIME 4,672 1,168 1,372 204 29.36% 21 FICA 133,308 33,327 35,050 1,723 26.29% 23 PERS 160,852 40,213 33,600 (6,613) 20.89% 24 INDUSTRIAL INSURANCE 11,224 2,806 2,824 18 25.16% 25 MEDICAL, DENTAL, LIFE,OPTICAL 275,436 68,859 67,803 (1,056) 24.62% 28 UNIFORM CLOTHING 1,805 451 (451) 0.00% 31 OFFICE OPERATING SUPPLIES 34,181 8,545 3,030 (5,516) 8.86% 35 SMALL TOOLS MINOR EQUIPMENT 600 150 (150) 0.00% 41 PROFESSIONAL SERVICES 86,283 21,571 343 (21,228) 0.40% 42 COMMUNICATION 4,500 1,125 (1,125) 0.00% 43 TRAVEL 12,500 3,125 232 (2,893) 1.86% 45 OPERATING RENTALS LEASES 33,775 8,444 8,454 10 25.03% 47 PUBLIC UTILITY SERVICES 1,000 250 (250) 0.00% 48 REPAIRS MAINTENANCE 62,190 15,548 5,491 (10,056) 8.83% 49 MISCELLANEOUS 21,310 5,328 6,490 1,162 30.46% 51 INTERGVRNMTL PROFESSIONAL SVCS 18,000 4,500 (4,500) 0.00% 64 MACHINERY EQUIPMENT 175,000 43,750 (43,750) 0.00% COMMUNITY DEVELOPMENT 2,858,579 714,64a 629,064 (85,581) 22.01% Variance Actual over (under) prorated budget Fund 000 By Dept 12 City of Tukwila General Fund Expenditures By Department As of March 31 2012 of year expired 25.00 09 MUNICIPAL COURT Annual Budget Prorated Budget Actual Spent Variance Spent 11 SALARIES 619,552 154,888 160,082 5,194 25.84% 12 EXTRA LABOR 2,500 625 (625) 0.00% 13 OVERTIME 5,016 1,254 (1,254) 0.00% 21 FICA 46,849 11,712 12,055 343 25.73% 23 PERS 59,983 14,996 11,954 (3,042) 19.93% 24 INDUSTRIAL INSURANCE 3,432 858 520 (338) 15.16% 25 MEDICAL, DENTAL, LIFE,OPTICAL 102,906 25,727 24,322 (1,405) 23.63% 31 OFFICE OPERATING SUPPLIES 10,908 2,727 2,895 168 26.54% 35 SMALL TOOLS MINOR EQUIPMENT 1,200 300 (300) 0.00% 41 PROFESSIONAL SERVICES 108,000 27,000 18,717 (8,283) 17.33% 42 COMMUNICATION 5,550 1,388 1,277 (111) 23.00% 43 TRAVEL 6,215 1,554 59 (1,495) 0.95% 45 OPERATING RENTALS LEASES 235 235 0.00% 48 REPAIRS MAINTENANCE 2,300 575 318 (257) 13.81 49 MISCELLANEOUS 19,438 4,860 4,736 (124) 24.36% MUNICIPAL COURT 993,849 248,46- 237,16ts (11,295) 23.86% 10 POLICE Annual Budget Prorated Budget Actual Spent Variance Spent 11 SALARIES 7,209,468 1,802,367 1,671,346 (131,021) 23.18% 12 EXTRA LABOR 5,000 1,250 (1,250) 0.00 13 OVERTIME 930,062 232,516 256,793 24,277 27.61 21 FICA 544,835 136,209 146,435 10,227 26.88% 22 LEOFF 325,645 81,411 85,878 4,467 26.37% 23 PERS 93,745 23,436 18,861 (4,576) 20.12% 24 INDUSTRIAL INSURANCE 137,676 34,419 25,836 (8,583) 18.77% 25 MEDICAL, DENTAL, LIFE,OPTICAL 1,642,640 410,660 365,542 (45,118) 22.25% 31 OFFICE OPERATING SUPPLIES 156,428 39,107 50,364 11,257 32.20% 35 SMALL TOOLS MINOR EQUIPMENT 600 150 (150) 0.00 41 PROFESSIONAL SERVICES 48,175 12,044 5,604 (6,440) 11.63% 42 COMMUNICATION 62,031 15,508 13,522 (1,986) 21.80% 43 TRAVEL 23,300 5,825 10,188 4,363 43.72% 44 ADVERTISING 800 200 (200) 0.00 45 OPERATING RENTALS LEASES 908,531 227,133 212,066 (15,066) 23.34% 46 INSURANCE 225,080 56,270 225,000 168,730 99.96% (a) 48 REPAIRS MAINTENANCE 167,894 41,974 38,936 (3,038) 23.19% 49 MISCELLANEOUS 56,245 14,061 10,340 (3,721) 18.38% 51 INTERGVRNMTL PROFESSIONAL SVCS 1,639,555 409,889 271,315 (138,573) 16.55% 64 MACHINERY EQUIPMENT 2 0,000 5,000 (5,000) 0.00% POLICE 14,197,710 3,549,42,. 3,40 #,027 (141,400) 24,00% Variance Actual over (under) prorated budget Fund 000 By Dept 13 City of Tukwila General Fund Expenditures By Department As of March 31 2012 of year expired 25.00% 11'- FIRE Annual Budget Prorated Budget Actual Spent Variance ;o Spent 11 SALARIES 6,139,768 1,534,942 1,543,029 8,087 25.13% (c) 13 OVERTIME 416,552 104,138 49,641 (54,497) 11.92% 15 HOLIDAY PAY 178,248 44,562 (44,562) 0.00% 21 FICA 89,288 22,322 23,070 748 25.84% 22 LEOFF 264,752 66,188 74,164 7,976 28.01% 23 PERS 32,766 8,192 5,563 (2,628) 16.98% 24 INDUSTRIAL INSURANCE 167,746 41,937 29,811 (12,125) 17.77% 25 MEDICAL, DENTAL, LIFE,OPTICAL 1,599,900 399,975 338,797 (61,178) 21.18% 28 UNIFORM CLOTHING 1,140 285 (285) 0.00% 31 OFFICE OPERATING SUPPLIES 187,080 46,770 36,401 (10,369) 19.46% 35 SMALL TOOLS MINOR EQUIPMENT 28,500 7,125 159 (6,966) 0.56% 41 PROFESSIONAL SERVICES 65,300 16,325 3,544 (12,781) 5.43% 42 COMMUNICATION 44,670 11,168 5,246 (5,921) 11.74% 43 TRAVEL 14,500 3,625 26 (3,599) 0.18% 45 OPERATING RENTALS LEASES 489,962 122,491 122,957 466 25.10% 46 INSURANCE 90,000 22,500 90,000 67,500 100.00% (a) 47 PUBLIC UTILITY SERVICES 60,000 15,000 19,291 4,291 32.15% 48 REPAIRS MAINTENANCE 41,000 10,250 6,857 (3,393) 16.72% 49 MISCELLANEOUS 99,601 24,900 6,470 (18,431) 6.50% el";! ill" J 51 INTERGVRNMTL PROFESSIONAL SVCS 285,420 71,355 101,593 30,238 35.59% FIRE 10,308,193 2,574,04Ft 9 ,456,619 (117,429) 23.83% 12 INFORMATION TECHNOLOGY Annual Budget Prorated Budget Actual Spent Variancc Spent 11 SALARIES 581,079 145,270 142,879 (2,391) 24.59% 12 EXTRA LABOR 2,500 625 (625) 0.00% 13 OVERTIME 469 469 0.00% 21 FICA 44,335 11,084 10,819 (265) 24.40% 23 PERS 52,041 13,010 10,388 (2,622) 19.96% 24 INDUSTRIAL INSURANCE 3,228 807 428 (379) 13.27% 25 MEDICAL, DENTAL, LIFE,OPTICAL 135,998 34,000 32,219 (1,780) 23.69% 31 OFFICE OPERATING SUPPLIES 5,766 1,442 1,232 (209) 21.37% 35 SMALL TOOLS MINOR EQUIPMENT 122,000 30,500 4,354 (26,146) 3.57% (b) 41 PROFESSIONAL SERVICES 1,000 250 (250) 0.00% 42 COMMUNICATION 99,000 24,750 22,348 (2,402) 22.57% 43 TRAVEL 1,500 375 160 (215) 10.67% 45 OPERATING RENTALS LEASES 1,500 375 385 10 25.66% 48 REPAIRS MAINTENANCE 31,500 7,875 1,395 (6,480) 4.43% 49 MISCELLANEOUS 40,500 10,125 3,468 (6,657) 8.56% q 64 MACHINERY EQUIPMENT 32,000 8,000 (8,000) 0.00% INFORMATION TECHNOLOGY 1,153,947 288,487 230,540 (57,940) 19.98% Variance Actual over (under) prorated budget Fund 000 By Dept IM, City of Tukwila General Fund Expenditures By Department As of March 31 2012 of year expired 25.00% 13 PUBLIC WORKS Annual Budget Prorated Budget Actual Spent Vari ance Spent 11 SALARIES 1,912,535 478,134 425,781 (52,352) 22.26% 12 EXTRA LABOR 3,500 875 (875) 0.00% 13 OVERTIME 4,556 1,139 726 (413) 15.93% 21 FICA 140,874 35,219 31,751 (3,467) 22.54% 23 PERS 171,274 42,819 30,606 (12,213) 17.87% 24 INDUSTRIAL INSURANCE 28,420 7,105 4,344 (2,761) 15.29% 25 MEDICAL, DENTAL, LIFE,OPTICAL 387,934 96,984 77,212 (19,772) 19.90% 28 UNIFORM CLOTHING 3,800 950 (950) 0.00% 31 OFFICE OPERATING SUPPLIES 99,460 24,865 23,274 (1,591) 23.40% 35 SMALL TOOLS MINOR EQUIPMENT 3,750 938 516 (421) 13.76% 41 PROFESSIONAL SERVICES 70,400 17,600 1,585 (16,015) 2.25% 42 COMMUNICATION 7,750 1,938 958 (980) 12.36% 43 TRAVEL 800 200 175 (25) 21.88% 45 OPERATING RENTALS LEASES 177,745 44,436 38,159 (6,277) 21.47% 47 PUBLIC UTILITY SERVICES 379,449 94,862 76,712 (18,150) 20.22% 48 REPAIRS MAINTENANCE 165,521 41,380 26,959 (14,421) 16.29% 49 MISCELLANEOUS 21,035 5,259 4,291 (968) 20.40% q 64 MACHINERY EQUIPMENT 35,000 12,754 36.44% PUBLIC WORKb 3,613,803 694,701 755,803 (151,652) 13 0.91% 15 PARK MAINTENANCE Annual Budge Budget Actual Spent Variance Spent 11 SALARIES 411,432 _Prorated 102,858 127,444 24,586 30.98% (f) 12 EXTRA LABOR 35,020 8,755 (8,755) 0.00% 13 OVERTIME 2,295 574 (574) 0.00% 21 FICA 31,000 7,750 9,447 1,697 30.47% 23 PERS 36,844 9,211 9,132 (79) 24.78% 24 INDUSTRIAL INSURANCE 10,973 2,743 2,462 (282) 22.43% 25 MEDICAL, DENTAL, LIFE,OPTICAL 72,300 18,075 19,538 1,463 27.02% 28 UNIFORM CLOTHING 1,425 356 (356) 0.00% 31 OFFICE OPERATING SUPPLIES 36,968 9,242 11,552 2,310 31.25% 35 SMALL TOOLS MINOR EQUIPMENT 1,500 375 382 7 25.45% 41 PROFESSIONAL SERVICES 25,000 6,250 4,372 (1,878) 17.49% 43 TRAVEL 98 98 0.00% 45 OPERATING RENTALS LEASES 70,270 17,568 17,525 (43) 24.94% 47 PUBLIC UTILITY SERVICES 149,000 37,250 42,119 4,869 28.27% 48 REPAIRS MAINTENANCE 40,000 10,000 847 (9,153) 2.12% 49 MISCELLANEOUS 4,000 1,000 629 (371) 15.73% 63 OTHER IMPROVEMENTS 7,000 1,750 (1,750) 0.00% PARK MAINTENANCE 45,027 233,757 245,544 11,787 26.26% Variance Actual over (under) prorated budget Fund 000 By Dept 15 City of Tukwila General Fund Expenditures By Department As of March 31 2012 of year expired 25.00% 16- STREET MAINTENANCE OPERATION Annual Budget Prorated Budget Actual Spent Variance Spent 11 SALARIES 776,843 194,211 190,693 (3,518) 24.55% 12 EXTRA LABOR 43,723 10,931 13,288 2,357 30.39% 13 OVERTIME 11,474 2,869 12,983 10,114 113.15% (g) 21 FICA 58,961 14,740 16,654 1,914 28.25% 23 PERS 69,571 17,393 15,847 (1,546) 22.78% 24 INDUSTRIAL INSURANCE 22,944 5,736 5,371 (365) 23.41% 25 MEDICAL, DENTAL, LIFE,OPTICAL 181,879 45,470 43,050 (2,420) 23.67% 28 UNIFORM CLOTHING 2,375 594 279 (315) 11.74% 31 OFFICE OPERATING SUPPLIES 318,800 79,700 56,590 (23,110) 17.75% (g) 35 SMALL TOOLS MINOR EQUIPMENT 10,931 2,733 583 (2,150) 5.33% 41 PROFESSIONAL SERVICES 4,000 1,000 640 (360) 16.01% 42 COMMUNICATION 4,300 1,075 297 (778) 6.90% 43 TRAVEL 2,700 675 709 34 26.27% 44 ADVERTISING 1,500 375 (375) 0.00% 45 OPERATING RENTALS LEASES 381,943 95,486 92,636 (2,850) 24.25% 46 INSURANCE 35,455 8,864 35,455 26,591 100.00% (a) 47 PUBLIC UTILITY SERVICES 716,836 179,209 288,985 109,776 40.31% (h) 48 REPAIRS MAINTENANCE 27,100 6,775 4,637 (2,138) 17.11% 49 MISCELLANEOUS 5,200 1,300 30 (1,270) 0.58% 53 EXT TAXES OPERATING ASSMNTS 14 0.00% STREET MAINTENANCE OPERATION 2,676,oso 669,134 778,741 109,594 29.10 20 CONTRIBUTIONS FUND BALANCE Annual Budget Prorated Budget Actual Spent Variance Spent 01 TRANSFERS OUT 10,364,752 2,591,188 24,615 (2,566,573) 0.24% 26 UNEMPLOYMENT COMPENSATION 30,000 7,500 4,076 (3,424) 13.59% 46 INSURANCE 200,000 50,000 222,560 172,560 111.28% 49 MISCELLANEOUS 323,000 80,750 97,891 17,141 30.31% el";! ill" J:, i'.o i li i :i".ii ru,ri 725,000 181,250 (181,250) 0.00% CONTRIBUTIONS FUND BALANCE 11,642,75: ?,910,6$8 349,1 ,2,561,546) 3.00 %q Variance Actual over (under) prorated budget Fund 000 By Dept I. City of Tukwila General Fund Expenditures By Category As of March 31 2012 of year expired 25.00% TOTALS BY CATEGORY Annual Bud eft Prorated Budget Actual Spent Variance Spent TRANSFERS OUT 11,814,752 2,772,438 24,615 (2,747,823) 0.21% SALARIES AND BENEFITS 33,702,558 8,425,640 7,891,054 (534,586) 23.41% SUPPLIES 1,193,673 298,418 214,730 (83,689) 17.99% PROFESSIONAL SERVICES 8,180,993 2,045,248 2,186,797 141,549 26.73% INTERGOVERNMENTAL 1,969,475 492,369 374,107 (118,262) 19.00% CAPITAL EXPENDITURES 307,000 76,750 12,754 (63,996) 4.15% Grand Total- w,16&451 14,110,863 10,704,057 {3,406,806+ 18.72% TOTALS BY CATEGORY DETAP Annual Budget Prorated Budget Actual Spent Varia Spent 00 MISCELLANEOUS GENERAL GOVERNMT 11,089,752 2,772,438 24,615 (2,747,823) 0.22% 11 SALARIES 23,105,109 5,776,277 5,570,600 (205,677) 24.11% 12 EXTRA LABOR 455,520 113,880 74,551 (39,329) 16.37% 13 OVERTIME 1,376,947 344,237 324,647 (19,590) 23.58% 15 HOLIDAY PAY 178,248 44,562 (44,562) 0.00% 21 FICA 1,403,989 350,997 353,653 2,656 25.19% 22 LEOFF 590,397 147,599 160,042 12,443 27.11% 23 PERS 1,014,512 253,628 197,969 (55,659) 19.51% 24 INDUSTRIAL INSURANCE 434,340 108,585 79,362 (29,223) 18.27% 25 MEDICAL, DENTAL, LIFE,OPTICAL 5,102,951 1,275,738 1,125,875 (149,863) 22.06% 26 UNEMPLOYMENT COMPENSATION 30,000 7,500 4,076 (3,424) 13.59% 28 UNIFORM CLOTHING 10,545 2,636 279 (2,357) 2.64% 31 OFFICE OPERATING SUPPLIES 1,005,457 251,364 203,693 (47,671) 20.26% 34 ITEMS PORCH. FOR INVENT /RESALE 14,200 3,550 5,043 1,493 35.51% 35 SMALL TOOLS MINOR EQUIPMENT 174,016 43,504 5,994 (37,510) 3.44% 41 PROFESSIONAL SERVICES 2,166,844 541,711 292,779 (248,932) 13.51% 42 COMMUNICATION 348,381 87,095 58,055 (29,040) 16.66% 43 TRAVEL 121,815 30,454 20,608 (9,846) 16.92% 44 ADVERTISING 49,550 12,388 5,915 (6,472) 11.94% 45 OPERATING RENTALS LEASES 2,148,245 537,061 508,550 (28,511) 23.67% 46 INSURANCE 550,535 137,634 573,822 436,188 104.23% (a) 47 PUBLIC UTILITY SERVICES 1,306,285 326,571 427,133 100,562 32.70% (h) 48 REPAIRS MAINTENANCE 596,960 149,240 101,404 (47,836) 16.99% 49 MISCELLANEOUS 892,378 223,095 198,530 (24,565) 22.25% 51 INTERGVRNMTL PROFESSIONAL SVCS 1,969,475 492,369 374,081 (118,288) 18.99% 53 EXT TAXES OPERATING ASSMNTS 27 27 0.00% 63 OTHER IMPROVEMENTS 7,000 1,750 (1,750) 0.00% 64 MACHINERY EQUIPMENT 300,000 75,000 12,754 (62,246) 4.25% Grand Totals 56,443,451 14,110,863 10,704,057 {3,406,806+ 18.86% Variance Actual over (under) prorated budget Fund 000 By Category 17 City of Tukwila Hotel /Motel Tax Fund 101 Revenue and Expenditures As of March 31 2012 of year expired 20's Prorated Actual Annual Budget Budget Year -To -Date Variance Revenue General Revenue Hotel /Motel Taxes Total General Revenue Intergovernmental Revenue Miscellaneous Revenue Investment Earnings Other Misc Revenue Total Miscellaneous Revenue Total Revenue Expenditures 11 Salaries 12 Extra Labor 13 Overtime 21 FICA 22 LEOFF 23 PERS 24 Industrial Insurance 25 Medical, Dental, Life, Optical 31 Office Operating Supplies 41 Professional Services 42 Communication 43 Travel 44 Advertising 45 Operating Rentals Leases 47 Public Utility Services 48 Repairs Maintenance 49 Miscellaneous 64 Capital Outlay Total Hotek Motel Tax Fund Transfers Out Indirect cost allocation Total Expenses Change in Fund Balance Beginning Fund Balance Ending Fund Balance Cash and investments 25.00% of Annual Budge+ 385,401 96,350 102,685 6,335 26.64% 385,401 96,350 102,685 6,335 26.64% 853,000 213,250 22,611 (190,639) 2.65% (j) 1,766 442 61 (381) 3.43% 15,953 3,988 1,270 (2,718) 7.96% 17,719 4,430 1,331 (3,099) 7.51% 1;256,120; 314,030 1 26,627 (187,403), 10.08%; 283,378 70,845 70,731 (114) 24.96% 24,000 6,000 3,422 (2,578) 14.26% 10,110 2,528 3,418 890 33.80% 21,679 5,420 5,874 454 27.10% 0.00% 25,380 6,345 5,624 (721) 22.16% 2,033 508 295 (213) 14.53% 38,304 9,576 9,936 360 25.94% 16,000 4,000 7,575 3,575 47.34% 223,000 55,750 34,754 (20,996) 15.58% 60,000 15,000 19,393 4,393 32.32% 23,000 5,750 6,000 250 26.09% 657,000 164,250 203,815 39,565 31.02% (k) 49,000 12,250 10,493 (1,757) 21.41% 1,500 375 428 53 28.56% 1,000 250 396 146 39.56% 21,400 5,350 11,589 6,239 54.15% 10,000 2,500 (2,500) 0.00% 1,466,784 366,696 393,741 27,045 26.84% 96,937 24,234 24,234 (0) 25.00% 1,563,721 390,930 417,976 27,045 26.73% (307,601) (76,900) (291,348) (214,448) 94.72% 451,952 451,952 787,568 335,616 174.26% 144,351 4i 375,052 zo 496,220 121,168 343.76% 453,158 Variance Actual over (under) prorated budget Fund 101 City of Tukwila Street Fund 103 Revenue and Expenditures As of March 31 2012 of year expired 25.00 Variance Actual over (under) prorated budget Fund 103 19 201 Prorated Actual of Annual Annual Budget Budget Year- To -Datc ariance* Budget' Revenue Intergovernmental Revenue (MVFT Taxes) 232,000 58,000 61,425 3,425 26.48 Miscellaneous Revenue Investment Earnings 1,000 250 123 (127) 12.31 Total Miscellaneous Revenue 1,000 250 123 (127) 12.31 Total Revenu- 153,000 278,250 61,54u (216,702) 13:59% Expenditures 11 Salaries 1,304 1,304 0.00% 21 FICA 95 95 0.00% 23 PERS 95 95 0.00% 24 Industrial Insurance 3 3 0.00% 25 Medical, Dental, Life, Optical 128 128 0.00% 41 Professional Services 650,000 162,500 (162,500) 0.00% Total 650,000 162,500 1,626 (160,874) 0.25% Transfers Out Indirect cost allocation 11,894 2,974 2,974 0 25.00 Total Expenses 561,894 '165,474 4,599 (160,874), 0.69 Change in Fund Balance (208,894) 112,777 56,949 (55,828) 27.26% Beginning Fund Balance 571,171 571,171 903,937 332,766 158.26 Ending Fund Balance 362,277 4i 683,948 960,886 4i 276,938 265.24 %p Variance Actual over (under) prorated budget Fund 103 19 City of Tukwila Arterial Street Fund 104 Revenue and Expenditures As of March 31 2012 Prorated Annual Budget Budget Revenue of year expired 25.00% General Revenue Parking Taxes 111,257 27,814 Real Estate Excise Taxes 100,000 25,000 Total General Revenue 211,257 52,814 Intergovernmental Revenue 9,941,581 2,485,395 Miscellaneous Revenue (9,871) 20.33% Investment Earnings 3,820 955 Contributions /Donations 466,000 116,500 Total Miscellaneous Revenue 469,820 117,455 Transfer In 2,000,000 500,000 Debt Proceeds 9,230,000 2,307,500 Total Revenue 21,852,658 5,463,165 Expenditures (3,688,356 8.12% 11 Salaries 207,768 51,942 12 Extra Labor 3,000 750 13 Overtime 21 FICA 15,417 3,854 23 PERS 18,606 4,652 24 Industrial Insurance 686 172 25 Medical, Dental, Life, Optical 27,727 6,932 31 Office Operating Supplies 41 Professional Services 4,589,000 1,147,250 45 Operating Rentals Leases 47 Public Utility Services 750 0.00% 48 Repairs Maintenance 64 Capital Outlay 11,221,000 2,805,250 Total Arterial Streets 104 16,083,204 4,020,801 Transfers Out Indirect cost allocation 386,563 96,641 Total Expenses 16,469,761 4,117,442 Change in Fund Balance 5,382,891 1,345,723 Beginning Fund Balance 4,789,469 4,789,469 Ending Fund Balance 10,172,360 6,135,192 Cash and investments Variance Actual over (under) prorated budget Fund 104 4,595,453 20 of year expired 25.00% 2012 Actual of Annual Year -To -Date Variance Budget 33,341 5,527 29.97% 9,602 (15,398) 9.60% 42,943 (9,871) 20.33% 1,717,081 (768,315) 17.27% 1,437 482 37.61% 13,347 (103,153) 2.86% 14,784 (102,671) 3.15% (500,000) 0.00% (2,307,500) 0.00% 1,774,808 (3,688,356 8.12% 99,758 47,816 48.01% (1) (750) 0.00% 1,567 1,567 0.00% 7,597 3,742 49.27% 7,346 2,695 39.48% 610 439 88.97% 15,507 8,575 55.93% 340 340 0.00% 274,871 (872,379) 5.99% (m) 333 333 0.00% 750 750 0.00% 90,645 90,645 0.00% 1,225,517 (1,579,733) 10.92% (m) 1,725,089 (2,295,712) 10.73% 96,641 (0) 25.00% 1,821,729 (2,295,712 11.06% (46,921) (1,392,644) -0.87% 6,929,396 2,139,927 144.68% 6,882,475 147,283 67.66 4,595,453 20 City of Tukwila Contingency Fund 105 Revenue and Expenditures As of March 31 2012 Prorated Annual Budget Budget of year expired 25.00% 9 012 Actual of Annual Year -To -Date Variance Bud eg Revenue Miscellaneous Revenue Investment Earnings 1,816 454 201 (253) 11.09% Total Miscellaneous Revenue 1,816 454 201 (253) 11.09% Transfers In 3,000,000 750,000 (750,000) 0.00% Total Revenue 3,001,816 f 750,454 201 (750,2 0.01 Change in Fund Balance 3,001,816 750,454 201 (750,253) 0.01% Beginning Fund Balance 1,293,816 1,293,816 1,457,728 163,912 112.67% Endno Fund; Balance 4,295,632 2,044,270 1,457,929 (586,341) 33.94 Cash and investments 1,457,930 Variance Actual over (under) prorated budget Fund 105 21 City of Tukwila Fire Equipment Cum. Reserv 1m' Revenue and Expenditures As of March 31 2012 of year expired 25.00% Revenue Miscellaneous Revenue Investment Earnings 1.685 421 131 (291) 776% Total Miscellaneous Revenue 1.085 421 140 8.05% Transfers In 130.000 32,500 (32.500) 000% Total Revenue 131,685 32,921 146 �2,77m---------0Jl% Expenditures 31 Office Operating Supplies 2,000 aoo 6,393 5.893 319 Transfers Out Indirect cost allocation 561 140 140 25.00n, Total Expenses 2,561 640 6,533 5,897 ?55.09% Change in Fund Balance 129.12* 32.281 (0.387) (38.008) '4.95% Beginning Fund Balance 769.671 769.671 890.797 121.120 115.74% Ending Fund Balanca 398,795 801,952 884,410 82,458 98.40%� Cash and investments 943.501 Variance Actual over (under) prorated budget Fund 107 City of Tukwila Drug Seizure Fund 109 Revenue and Expenditures As of March 31 2012 of year expired 25.00% Variance Actual over (under) prorated budget Fund 109 23 201^ Prorated Actual %of Annual Annual Budget Budget Year -To -Date Variance Budget Revenue Miscellaneous Revenue Investment Earnings 1,000 250 (250) 0.00% Seizure Revenue 20,000 5,000 (5,000) Total Miscellaneous Revenue 21,000 5,250 (5,250) 0.00% Transfers In 75,000 18,750 (18,750) 0.00% Total Revenue 96,000 24,000 !24,000) 0.00 Expenditures 31 Office Operating Supplies 3,000 750 (750) 0.00% 35 Small Tools Minor Equipment 1,639 1,639 0.00% 41 Professional Services 10,000 2,500 (2,500) 0.00% 45 Operating Rentals Leases 10,000 2,500 (2,500) 0.00% 49 Miscellaneous 2,000 500 (500) 0.00% 64 Capital Outlay 1,610 1,610 Totat Expenses 25,000 6,250 3,249 (3,001) 13.00 Change in Fund Balance 71,000 17,750 (3,249) (20,999) -4.58% Beginning Fund Balance 112,000 112,000 229,711 117,711 205.10% Ending Fund Balance 183,000 129,750 226,462 �i 96,712 123.75% Cash and investments 226,462 Variance Actual over (under) prorated budget Fund 109 23 City of Tukwila Debt Service Funds 2XX Revenue and Expenditures As of March 31 2012 of year expired 25.00% Variance Actual over (under) prorated budget Fund 2XX 24 2012 Prorated Actual of Annual Annual Budget Budge! Year -To -Date Variance Budget Revenue Intergovernmental Revenue 66,657 16,664 (66,657) 0.00% Miscellaneous Revenue Investment Earnings 3,000 750 (3,000) 0.00% Total Miscellaneous Revenue 3,000 750 (3,000) 0.00% Transfers In 2,958,752 739,688 (739,688) 0.00% Total Revenue 3,028,409 757,102 (809,345) 0.00% Expenditures 80 Debt Service Principal 1,874,707 468,677 (468,677) 0.00% 81 Debt Service Interest 1,104,038 276,010 1,560 (274,449) 0.14% Total Debt Service Funds 2,978,745 744,686 1,560 (743,126) 0.05% Transfers Out Indirect cost allocation 340,642 85,161 (85,161) 0.00% Total Expenses 3,319,387; 829,847 1,560 (828,286), 0.05 Change in Fund Balance (290,978) (72,745) (1,560) 71,184 0.54% Beginning Fund Balance 3,316,312 3,316,312 0.00% Ending Fund Balance (290,978) (72,745) 4i 6,314, 087,496 1139.18°/x' Cash and investments 3,314,751 Variance Actual over (under) prorated budget Fund 2XX 24 City of Tukwila Open Space and Parks Acq. Fund 301 Revenue and Expenditures As of March 31 2012 of year expired 25.00% of Annual Variancc Budget (15,424) (15,421) (30,845) Park Impact Fees 25,000 6,250 201" (2,690) Total Charges for Services Prorated Actual 3,560 Annual Budoet Budoet Year -To -Date Revenue (125,000) Miscellaneous Revenue General Revenue Property Taxes 65,000 16,250 826 Real Estate Excise Taxes 100,250 25,063 9,642 Total General Revenue 165,250 41,313 10,468 Charges for Services 9,238 6,238 Total Revenu- of year expired 25.00% of Annual Variancc Budget (15,424) (15,421) (30,845) Park Impact Fees 25,000 6,250 3,560 (2,690) Total Charges for Services 25,000 6,250 3,560 (2,690) Intergovernmental Revenue 500,000 125,000 (125,000) Miscellaneous Revenue Investment Earnings 7,000 1,750 7,238 5,488 Rents and Concessions 5,000 1,250 2,000 750 Total Miscellaneous Revenue 12,000 3,000 9,238 6,238 Total Revenu- (02,250 0 175,563 0 23,2660 (152,296) Expenditures 11 Salaries 2,504 2,504 21 FICA 186 186 23 PERS 182 182 24 Industrial Insurance 7 7 25 Medical, Dental, Life, Optical 575 575 41 Professional Services 239,000 59,750 6,088 (53,662) 48 Repairs Maintenance 2,581 2,581 64 Capital Outlay 1,810,000 452,500 640 (451,860) Total Park Acquisition Fund 2,049,000 512,250 12,762 (499,488) Transfers Out/ Indirect cost allocation 100,653 275,163 8,004 (267,159) TotalExpensea 2,149,653 787 20,766 +766,647) Change in Fund Balance (1,447,403) (611,851) 2,500 614,351 Beginning Fund Balance 3,993,522 3,993,522 1,427,973 (2,565,549) Ending Fund Balance 2,546,119 3,381,671 1,430,473 (1,951,198} Cash and investments 1,665,327 Variance Actual over (under) prorated budget Fund 301 1.27% 9.62% 6.33% 14.24% 14.24% 0.00% 103.40% 40.00% 76.98% 3.31% 0.00% 0.00% 0.00% 0.00% 0.00% 2.55% 0.00% 0.04% 0.62% 7.95% 0.97% -0.17% 35.76% 56.18%" 25 City of Tukwila Facility Replacement Fund 302 Revenue and Expenditures As of March 31 2012 of year expired 25.00% 2012 Prorated Actual of Annual Annual Budget Budget Year-To-Date Variance Budaei Revenue Charges for Services Sales and Use Taxes 326 82 25 (56) 7.82% Total Charges for Services 326 82 25 (56) 7.82% Miscellaneous Revenue Investment Earnings 5,602 1,401 279 (1,121) 4.99% Facilities leases (long-term) 0.00% Total Miscellaneous Revenue 5,602 1,401 279 (1,121) 4.99% Total Revenue 5,928 11,482 305 (1= 5.14% Expenditures 11 Salaries 112 112 0.00% 21 FICA 8 8 0.00% 23 PERS 8 8 0.00% 24 Industrial Insurance 0 0 0.00% 31 Office Operating Supplies 0.00% 41 Professional Services 14,000 3,500 5,125 1,625 36.61% 44 Advertising 0.00% 47 Public Utility Services 2,684 2,684 0.00% 49 Miscellaneous 0.00% Total Expenditures 87,000 21,750 7,938 (13,812) 9.12% Transfers Out Indirect cost allocation 1,127 282 282 0 25.00% Total Expenses 88,127 22,032 3,220 (13,812) 9.33% Change in Fund Balance (82,199) (20,550) (7,915) 12,635 9.63% Beginning Fund Balance 1,880,193 1,880,193 2,027,014 146,821 107.81% Ending Fund Balance 1,797,994 1,859,643 2,019,099 159,456 112.30% Cash and investments 2,019,099 Variance Actual over (under) prorated budget Fund 302 26 City of Tukwila General Government Improvements 303 Revenue and Expenditures As of March 31 2012 of year expired 25.00% Variance Actual over (under) prorated budget Fund 303 27 2012 Prorated Actual %of Annual Annual Budget Budqet Year- To•Datr Variance Budget Revenue Intergovernmental Revenue 58,077 14,519 56,618 42,098 97.49% Miscellaneous Revenue Investment Earnings 842 211 79 (131) 9.42% Total Miscellaneous Revenue 842 211 79 (131) 9.42% Transfers In 1,650,000 412,500 (412,500) 0.00% Total Revenue 1,708,919 427,230 56,69 (370,533) 3.32% Expenditures 11 Salaries 97,296 24,324 4,490 (19,834) 4.61% 13 Overtime 0.00% 21 FICA 7,819 1,955 340 (1,615) 4.35% 23 PERS 8,800 2,200 325 (1,875) 3.70% 24 Industrial Insurance 1,100 275 4 (271) 0.33% 25 Medical, Dental, Life, Optical 14,798 3,700 515 (3,185) 3.48% 31 Office Operating Supplies 363 363 0.00% 35 Small Tools Minor Equipment 2,240 2,240 0.00% 41 Professional Services 440,000 110,000 7,048 (102,953) 1.60% 42 Communication 0.00% 49 Miscellaneous 2,734 2,734 0.00% 64 Capital Outlay 1,860,000 465,000 (1,783) (466,783) -0.10% Total Fire Impact Fees 2,429,813 607,453 25,531 (581,922) 1.05% Transfers Out Indirect cost allocation 26,673 6,668 6,668 25.00% Total Expenses 2,456,486 614,122 32,200 (581,922) 1.31% Change in Fund Balance (747,567) (186,892) 24,497 211,389 -3.28% Beginning Fund Balance 291,987 291,987 608,613 316,626 208.44% Ending Fund Balanc. (455,580) 145,095 633,110 028,015 138.97% Cash and investments 584,287 Variance Actual over (under) prorated budget Fund 303 27 City of Tukwila Fire Impact Fees 304 Revenue and Expenditures As of March 31 2012 Prorated Annual Budoet Budgei of year expired 25.00% 201-1 Actual of Annual Year-To-Date Variance Budget Revenue Charges for Services Fire Impact Fees 50,000 12,500 2,772 (9,728) 5.54% Total Charges for Services 50,000 12,500 2,772 (9,728) 5.54% Investment Earnings 100 25 (25) 0.00% Total Miscellaneous Revenue 100 25 (25) 0.00% Total Revenue 50,100 12,523 2,77 (9,753 5.53 Expenditures 64 Capital Outlay 0.00% Total Expenses 0.00 Change in Fund Balance 50,100 12,525 2,772 (9,753) 5.53% Beginning Fund Balance 190,100 190,100 313,819 123,719 165.08% Ending Fund Balance 240,200 202,625 316,591 113,966 131.80 Cash and investments 316,591 Variance Actual over (under) prorated budget Fund 304 i City of Tukwila Water Fund 401 Revenue and Expenditures As of March 31 2012 of year expired 25.00% 201 Prorated Actual of Annual Annual Bu dget Budget '.ear -To -D ate Variance Budget Revenue Charges for Services Water Sales 5,041,000 1,260,250 1,005,960 (254,290) 19.96% Security 1,000 250 45 (205) 4.50% Total Charges for Services 5,042,000 1,260,500 1,006,005 (254,495) 19.95% Miscellaneous Revenue Investment Earnings 9,234 2,309 4,526 2,218 49.02% Connection fees 25,000 6,250 200 (6,050) 0.80% Other Misc Revenue 300 75 40 (35) 13.33% Total Miscellaneous Revenue 34,534 8,634 4,766 (3,867) 13.80% Transfers In hydrant rental 106,000 26,500 24,615 (1,885) 23.22% Total Revenue 5,182,534 1,295,634 1,035,386 (260,248) 19.98% Expenditures 11 Salaries 556,692 139,173 135,224 (3,949) 24.29% 12 Extra Labor 6,000 1,500 (1,500) 0.00% 13 Overtime 5,738 1,435 2,639 1,204 45.99% 21 FICA 42,472 10,618 10,472 (146) 24.66% 23 PERS 49,851 12,463 9,955 (2,508) 19.97% 24 Industrial Insurance 14,137 3,534 2,752 (782) 19.47% 25 Medical, Dental, Life, Optical 113,690 28,423 30,303 1,881 26.65% 26 Unemployment Compensation 1,000 250 (250) 0.00% 28 Uniform Clothing 1,330 333 (333) 0.00% 31 Office Operating Supplies 93,181 23,295 22,215 (1,080) 23.84% 33 Water Purchased for Resale 2,068,000 517,000 660,689 143,689 31.95% (n) 35 Small Tools Minor Equipment 9,500 2,375 (2,375) 0.00% 41 Professional Services 314,300 78,575 16,142 (62,433) 5.14% 42 Communication 2,500 625 177 (448) 7.08% 43 Travel 1,500 375 (375) 0.00% 45 Operating Rentals Leases 60,919 15,230 14,855 (375) 24.38% 46 Insurance 20,260 5,065 20,260 15,195 100.00% 47 Public Utility Services 23,000 5,750 3,283 (2,467) 14.27% 48 Repairs Maintenance 3,000 750 1,314 564 43.79% 49 Miscellaneous 14,811 3,703 10,547 6,844 71.21% 53 Excise Taxes 184,000 46,000 33,868 (12,132) 18.41% 54 Interfund utility taxes 517,000 129,250 100,688 (28,562) 19.48°% 64 Capital Outlay 1,287,000 321,750 10,330 (311,420) 0.80% 80 Debt Service Principal 128,881 32,220 310,000 277,780 240.53% 81 Debt Service Interest 35,616 8,904 45,632 36,728 128.12% Total Water Fund 5,554,378 1,388,595 1,441,343 52,749 25.95% Transfers Out Indirect cost allocation 517,377 129,344 129,344 25.00°% Total Expenses 6,071.755 1.517,939 1,570,688 52,745 25.87% Change in Fund Balance (889,221) (222,305) (535,302) (312,997) 60.20% Beginning Fund Balance 1,959,365 1,959,365 4,787,053 2,827,688 244.32% Ending Fund Balance 1,070,144 1,737,060 4,251,751 2,514,691 397.31 Cash and investments 4,009,633 Variance Actual over (under) prorated budget Fund 401 29 City of Tukwila Sewer Fund 402 Revenue and Expenditures As of March 31 2012 Revenue Charges for Services Sewer Sales Total Charges for Services Intergovernmental Revenue Miscellaneous Revenue Investment Earnings Connection fees Total Miscellaneous Revenue Prorated Annual Budget Rudgei 5,398,000 1,349,500 5,398,000 1,349,500 of year expired 25.00% 201-1 Actual %4 of Annual Year -To -Date Variance Budget 1,543,012 1,543,012 17,524 4,426 1,107 458 120,000 30,000 34,200 124,426 31,107 34,658 193,512 28.58% 193,512 28.58% 17,524 0.00% (649) 10.35% 4,200 28.50% 3,551 27.85% Total Revenue 5,522,426 1,380,607 1,595,194 214,588 28.89% Expenditures 11 Salaries 267,360 66,840 84,910 18,070 31.76% (o) 12 Extra Labor 8,000 2,000 (2,000) 0.00% 13 Overtime 3,442 861 751 (109) 21.83% 21 FICA 20,338 5,085 6,193 1,108 30.45% 23 PERS 23,943 5,986 5,910 (76) 24.68% 24 Industrial Insurance 6,156 1,539 1,213 (326) 19.71% 25 Medical, Dental, Life, Optical 50,356 12,589 15,684 3,095 31.15% 26 Unemployment Compensation 1,000 250 (250) 0.00% 28 Uniform Clothing 570 143 (143) 0.00% 31 Office Operating Supplies 22,491 5,623 5,501 (122) 24.46% 33 Metro Sewage Treatment 3,749,000 937,250 813,658 (123,592) 21.70% 35 Small Tools Minor Equipment 4,000 1,000 178 (822) 4.44% 41 Professional Services 161,600 40,400 7,785 (32,615) 4.82% 42 Communication 2,500 625 411 (214) 16.43% 43 Travel 500 125 (125) 0.00% 44 Advertising 150 38 (38) 0.00% 45 Operating Rentals Leases 124,415 31,104 30,604 (500) 24.60% 46 Insurance 15,195 3,799 15,195 11,396 100.00% (a) 47 Public Utility Services 22,050 5,513 5,132 (381) 23.27% 48 Repairs Maintenance 43,000 10,750 2,542 (8,208) 5.91% 49 Miscellaneous 8,799 2,200 9,011 6,811 102.41% 53 Excise Taxes 40,000 10,000 15,430 5,430 38.58°% 54 Interfund utility tax 543,000 135,750 154,332 18,582 28.42% 64 Capital Outlay 770,000 192,500 120,801 (71,699) 15.69% 80 Debt Service Principal 272,861 68,215 (68,215) 0.00% 81 Debt Service Interest 83,337 20,834 188 (20,646) 0.23% Total Sewer Fund 6,244,063 1,561,016 1,295,427 (265,589) 20.75% Transfers Out /Indirect cost allocation 446,980 111,745 111,745 (0) 25.00% Total Expenses 8 ,691,043 1,672,76. 1,407,172 (265,589) 21.03 Change in Fund Balance (1,168,617) (292,154) 188,022 480,176 16.09% Beginning Fund Balance 1,158,774 1,158,774 1,890,166 731,392 163.12% Ending Fund Balance (9,843) 866,620. 2,078,188 1,211,568, 21113.36 Cash and investments 1,203,983 Variance Actual over (under) prorated budget Fund 402 30 City of Tukwila Foster Golf Course 411- Revenue and Expenditures As of March 31 2012 Annual B udget Prorated Budget of year expired 25.00% 2012 Actual of Annual Year -To -Date Variance Budget Revenue General Revenue Excise Taxes 1,617 404 744 339 45.99% Total General Revenue 1,617 404 744 339 45.99% Charges for Services Sale of Merchandise 151,000 37,750 17,483 (20,267) 11.58% Greens Fees, Instruction 1,205,500 301,375 73,037 (228,338) 6.06% Total Charges for Services 1,356,500 339,125 90,520 (248,605) 6.67% (p) Miscellaneous Revenue Investment Earnings 1,130 283 (283) 0.00% Rents and Concessions 331,000 82,750 27,960 (54,790) 8.45% Other Misc Revenue (81) (81) 0.00% Total Miscellaneous Revenue 332,130 83,033 27,879 (55,153) 8.39% (p) Transfers In 225,000 56,250 (56,250) 0.00% Total Revenue 1,915,247 478,812, 119,143 (359,669) 6.22% Expenditures 11 Salaries 686,142 171,536 152,914 (18,622) 22.29% 12 Extra Labor 133,900 33,475 3,467 (30,008) 2.59% 13 Overtime 6,885 1,721 (1,721) 0.00% 21 FICA 51,306 12,827 11,710 (1,116) 22.82% 23 PERS 61,449 15,362 11,064 (4,298) 18.00% 24 Industrial Insurance 15,565 3,891 2,206 (1,686) 14.17% 25 Medical, Dental, Life, Optical 123,977 30,994 26,420 (4,574) 21.31% 26 Unemployment Compensation 11,000 2,750 (2,750) 0.00% 28 Uniform Clothing 1,164 291 (291) 0.00% 31 Office Operating Supplies 98,908 24,727 8,385 (16,342) 8.48% 34 Items Purchased for Resale 130,500 32,625 6,316 (26,309) 4.84% 35 Small Tools Minor Equipment 2,500 625 876 251 35.04% 41 Professional Services 10,000 2,500 1,500 (1,000) 15.00% 42 Communication 9,700 2,425 723 (1,702) 7.45% 43 Travel 1,250 313 127 (185) 10.19% 44 Advertising 7,000 1,750 614 (1,136) 8.77% 45 Operating Rentals Leases 101,650 25,413 24,385 (1,027) 23.99% 46 Insurance 15,195 3,799 15,195 11,396 100.00% (a) 47 Public Utility Services 64,765 16,191 20,283 4,092 31.32% (h) 48 Repairs Maintenance 36,000 9,000 6,705 (2,295) 18.62% 49 Miscellaneous 39,722 9,931 3,445 (6,485) 8.67% 53 Excise Taxes 6,000 1,500 242 (1,258) 4.03% 54 Interfund admissions tax 67,000 16,750 4,123 (12,627) 6.15% 64 Capital Outlay 25,000 6,250 (6,250) 0.00% 80 Debt Service Principal 212,959 53,240 (53,240) 0.00% 81 Debt Service Interest 138,064 34,516 (34,516) 0.00% Total Foster Golf Course Fund 2,057,601 514,400 300,698 (213,702) 14.61% Transfers Out Indirect cost allocation 15,160 3,790 3,790 (0) 25.00% Total Expenses 2,072,761 518,190 304,488 j213,702) 14.69% Change in Fund Balance (157,514) (39,379) (185,345) (145,967) 117.67% Beginning Fund Balance 52,831 52,831 200,116 147,285 378.79% Ending Fund Balance (104,683) 13,453 14,771 1,31$ 14,11 Cash and investments (143,262) Variance Actual over (under) prorated budget Fund 411 31 City of Tukwila Surface Water Fund 412 Revenue and Expenditures As of March 31 2012 Prorated Annual Budget Budget of year expired 25.00% 201 Actual of Annual Year -To -Date variance Budget Revenue Charges for Services Surface Water Sales 3,660,309 915,077 1,825,469 910,391 49.87% Total Charges for Services 3,660,309 915,077 1,825,469 910,391 49.87% Intergovernmental Revenue 44,000 11,000 (11,000) 0.00% Miscellaneous Revenue Investment Earnings 11,091 2,773 4,185 1,413 37.74% Other Misc Revenue 120 120 0.00% Total Miscellaneous Revenue 11,091 2,773 4,305 1,533 38.82% Total Revenuc 3,715;400 928,850 1,829,774 900,924 49.25% Expenditures 11 Salaries 721,168 180,292 169,049 (11,243) 23.44% 12 Extra Labor 23,000 5,750 (5,750) 0.00% 13 Overtime 11,653 2,913 5,745 2,832 49.30% 21 FICA 54,463 13,616 13,208 (407) 24.25% 23 PERS 64,589 16,147 12,646 (3,501) 19.58% 24 Industrial Insurance 17,301 4,325 2,688 (1,637) 15.54% 25 Medical, Dental, Life, Optical 167,666 41,917 35,965 (5,951) 21.45% 26 Unemployment Compensation 1,000 250 (250) 0.00% 28 Uniform Clothing 1,425 356 (356) 0.00% 31 Office Operating Supplies 42,521 10,630 6,245 (4,385) 14.69% 35 Small Tools Minor Equipment 3,000 750 279 (471) 9.30% 41 Professional Services 628,570 157,143 56,351 (100,791) 8.96% 42 Communication 2,000 500 (500) 0.00% 43 Travel 2,000 500 115 (385) 5.77% 44 Advertising 500 125 (125) 0.00% 45 Operating Rentals Leases 96,638 24,160 20,233 (3,926) 20.94% 46 Insurance 15,195 3,799 15,195 11,396 100.00% 47 Public Utility Services 61,600 15,400 41,942 26,542 68.09% 48 Repairs Maintenance 13,965 3,491 1,338 (2,153) 9.58% 49 Miscellaneous 8,685 2,171 11,143 8,972 128.30% 53 Excise Taxes 25,000 6,250 12,733 6,483 50.93% 54 Interfund utility tax 371,000 92,750 182,929 90,179 49.31% 64 Capital Outlay 1,510,000 377,500 (377,500) 0.00% 80 Debt Service Principal 286,554 71,639 (71,639) 0.00% 81 Debt Service Interest 30,514 7,629 36 (7,592) 0.12% Total Surface Water Fund 4,160,007 1,040,002 587,842 (452,160) 14.13% Transfers Out 400 ,786 100,197 100,196 (0) 25.00% Total Expenses 4,560,793 1,140,198 688,039 (452,160) 15.09% Change in Fund Balance (845,393) (211,348) 1,141,735 1,353,084 135.05% Beginning Fund Balance 937,263 937,263 2,151,149 1,213,886 229.51% Ending Fund Balance 91,870 725,910 10 1,292,884 2,566,970 3584.29% Cash and investments 3,126,965 Variance Actual over (under) prorated budget Fund 412 32 City of Tukwila Equipment Rental /Replacement Fund 501 Revenue and Expenditures As of March 31 2012 of year expired 25.00 2012 Prorated Actual of Annual Annual Budget Budget Year -To- Date Variance'* Budget Revenue 352,844 88,211 87,957 (254) 24.93 Charges for Services 10,000 2,500 2,880 380 28.80% ERR O &M Dept Charges 1,099,806 274,952 274,952 1,261 25.00 Equipment Replacement Charges 777,801 194,450 179,363 (15,087) 23.06 Fuel Sales 474,000 118,500 118,500 25.00 Transportation 150 38 (38) 0.00% Total Charges for Services 2,351,757 587,939 572,815 (15,125) 24.36 Miscellaneous Revenue 1,000 250 (250) 0.00% Investment Earnings 14,269 3,567 13,453 9,886 94.28 Total Miscellaneous Revenue 14,269 3,567 13,453 9,886 94.28 Sale of Capital Assets 8,607 8,607 0.00 Total Revenue 2,366,02a 8 91,507 594,87 3,36 25.14 Expenditures 11 Salaries 352,844 88,211 87,957 (254) 24.93 12 Extra Labor 10,000 2,500 2,880 380 28.80% 13 Overtime 1,147 287 1,548 1,261 134.93 21 FICA 26,814 6,704 7,041 337 26.26% 23 PERS 31,601 7,900 6,698 (1,202) 21.20% 24 Industrial Insurance 9,976 2,494 2,182 (312) 21.88% 25 Medical, Dental, Life, Optical 82,161 20,540 19,465 (1,075) 23.69% 26 Unemployment Compensation 1,000 250 (250) 0.00% 28 Uniform Clothing 950 238 (238) 0.00% 31 Office Operating Supplies 2,979 745 626 (119) 21.00% 34 Items Purchased for Resale 689,000 172,250 122,442 (49,808) 17.77 35 Small Tools Minor Equipment 2,500 625 53 (572) 2.12% 41 Professional Services 550 138 696 558 126.54 42 Communication 2,000 500 305 (195) 15.23% 43 Travel 144 144 0.00% 45 Operating Rentals Leases 37,399 9,350 9,255 (95) 24.75 46 Insurance 10,130 2,533 10,130 7,598 100.00% 48 Repairs Maintenance 130,781 32,695 17,250 (15,445) 13.19% 49 Miscellaneous 6,500 1,625 2,190 565 33.69% 64 Capital Outlay 322,000 80,500 85,851 5,351 26.66 Total Equipment Rental Fund 1,720,332 430,083 376,712 (53,371) 21.90 Transfers Out 3 09,667 77,417 77,417 (0) 25.00 Total Expenses 2,029,999 507,500 454,129 53,371) 22.37 Change in Fund Balance 336,027 84,007 140,745 56,739 41.89 Beginning Fund Balance 3,410,129 3,410,129 3,513,202 103,073 103.02% Ending Fund Balance 3,746,15a ;i,494,136 4i s,653,947 4i 159,812 97.54 Cash and investments 3,652,343 Variance Actual over (under) prorated budget Fund 501 33 City of Tukwila Insurance Fund 502 Revenue and Expenditures As of March 31 2012 of year expired 25.00% 201" Prorated Actual of Annual Annual Budget Budget Year -To -Dates `-'arianen Budget Revenue Charges for Services Employee Benefit Programs 621 155 254 99 40.89% Total Charges for Services 621 155 254 99 40.89% Miscellaneous Revenue Investment Earnings 10,032 2,508 48,127 45,619 479.73% Employer Trust Contributions 4,367,715 1 ,091 ,929 1,070,776 (21,153) 24.52% Employee Contributions 60,000 15,000 18,737 3,737 31.23% Other Misc Revenue 6,200 1,550 (1,550) 0.00% Total Miscellaneous Revenue 4,443,947 1,1 10,987 1,137,640 26,653 25.60% Total Revenue 4 ,444;568 1,111,14^ ',137,89 26,752 25.60% Expenditures 25 Medical, Dental, Life, Optical 4,400,000 1,100,000 788,280 (311,720) 17.92% 41 Professional Services 25,000 6,250 3,688 (2,562) 14.75% 49 Miscellaneous 20,500 5,125 1,910 (3,215) 9.32% Total 4,445,500 1,1 11,375 793,878 (317,497) 17.86% Transfers Out Indirect cost allocation 80,305 20,076 20,076 (0) 25.00% Total Expenses 4,525,805 1,131,451 $313,954 (317,497) 17.98 %i Change in Fund Balance (81,237) (20,309) 323,939 344,248 -398.76% Beginning Fund Balance 4,431 ,820 4,431 ,820 4,983,480 551,660 112.45% Ending Fund Balance 4i 4,350,583 4,411,511 5,307,415 895,908 121.99% Cash and investments 6,479,031 Variance Actual over (under) prorated budget Fund 502 34 City of Tukwila LEOFF Insurance Fund 503 Revenue and Expenditures As of March 31 2012 of year expired 25.00% 2012 Prorated Actual of Annual Annual Budget Budget Year -To -Date Variancp Budget Revenue Miscellaneous Revenue Investment Earnings 3,340 835 256 (579) 7.67% Employer Trust Contributions 575,000 143,750 118,306 (25,444) 20.57% Other Misc Revenue 700 175 (175) 0.00% Total Revenue 1 ;79;040 144,760 118,562 (26,198) 20.48% Expenditures 25 Medical, Dental, Life, Optical 659,530 164,883 49,880 (115,002) 7.56% 41 Professional Services 3,000 750 340 (410) 11.33% 49 Miscellaneous 10,000 2,500 670 (1,830) 6.70% Total 672,530 168,133 50,890 (117,242) 7.57% Transfers Out 4,619 1,155 1,155 0 25.00% Total Expenses 677,149 169,287 52,045 (117,242), 7.69 Change in Fund Balance (98,109) (24,527) 66,517 91,044 67.80% Beginning Fund Balance 1,246,806 1,246,806 1,628,986 382,180 130.65% Ending Fund Balance 1,148,697 s 1 ,222,279 1,695,503 473,224 147.60% Cash and investments 1,888,703 Variance Actual over (under) prorated budget Fund 503 35 36 ':&K �.pJ1LA� w\ Office of the Ma or Tukwila, Washington �190a PROCLAVIATI0IT WHEREAS, the Public Works services provided in our community are an integral part of the daily lives of our citizens; and WHEREAS, the efficient and effective provision of these services greatly enhances the health, safety, and welfare of our community; and WHEREAS, quality and effectiveness in the design and construction of public facilities and in the provision of public services is vitally dependent on the knowledge, skills, and dedication of the Public Works staff and officials in the City of Tukwila; and WHEREAS, the support of the community and the understanding of the importance of the work performed by Public Works staff significantly influences their ability to respond to the needs of the citizens; NOW, THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim May 20 through May 26, 2012, with this year's theme "Public Works: Creating a Lasting Impression, as National Public Works Week in the City of Tukwila, and I invite all citizens and civic organizations to acquaint themselves with the challenges confronted in the provision of Public Works services in our community and to recognize the daily contributions our Public Works Department staff make to our health, safety and quality of life. Presented at the City Council Meeting this 21" day of May, 2012. Haggerto ayor of Tukwila Z� 37 gu; COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayor's review Council review 05/21/12 BM 5.C. ITEM INFORMATION ISTAFF SPONSOR: BRANDON MILES I ORIGINAL AGENDA DATE: 5/21/12 AGENDA ITEM TITLE Authorizing the Mayor to enter into a lease agreement (in substantial form) with Clear Channel Outdoors (CCO) for the construction of a digital billboard on City owned property. CATEGORY Discussion Motionl Consent Resolution Ordinance Bid Award Public Hearing Other Mt g Date Mtg Date 5/21/12 Mtg Date Mtg Date Mtg Date Mtg Date Mt Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW SPONSOR'S Last year the City Council authorized a lease agreement, which has since expired, for Clear SUMMARY Channel Outdoor to lease a City owned property at the NE corner of West Valley Highway and S. 180 street. Clear Channel Outdoor has requested that the City renew the lease agreement and will pay the City $25,000 per year in rent. The rent amount will increase every five years. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 5/14/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: Comments: The proposed agreement will provide the City over $400,000 in revenue over 15 years MTG. DATE I RECORD OF COUNCIL ACTION 5/21/12 MTG. DATE I ATTACHMENTS 05/21/12 Informational Memorandum dated 5/8/12 Draft Lease Agreement Aerial Map of Site Informational Memornadum dated 3/1/11 Memorandum of Understanding with CCO for use of the billboard structure Minutes from the Community Affairs and Parks Committee meeting of 5/14/12 39 .s City of Tukwila Jim Haggerfon, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, DCD Director BY: Brandon J. Miles, Senior Planner DATE: May 8, 2012 SUBJECT: Leasing of City Property to Clear Channel ISSUE Should the City renew a lease agreement (See attachment) with Clear Channel Outdoor (CCO) for the construction and operation of a digital billboard on City owned property along West Valley Highway? BACKGROUND On April 4, 2011, the City Council approved a lease agreement with CCO to install and operate a diq�ital billboard on a parcel owned by the City at the NE corner of West Valley Highway and S. 180 Street (See attached map). That agreement required that CCO construct the billboard within one year of mutual execution. This has not occurred and thus the agreement approved by the City Council in April of 2011 is void. CCO has requested that the City enter into a new lease agreement. Attached with this memo is a draft lease agreement for consideration by the City Council. The basic terms of the draft lease agreement are similar to the agreement approved by the City Council last April. 1. CCO will pay the City an annual rate of $25,000 per year. The lease amount will increase 7.5% every five years; 2. The term of the agreement will be 15 years, commencing on July 1, 2012. After the initial term, the City and CCO can enter into a new agreement if the parties choose; 3. If necessary, the City will credit $5,000 of the first year's rent for the construction of an access point to the property. This access point will be for the exclusive use of the City and CCO. The access point will remain even after CCO leases the property. 4. CCO is required to obtain all other governmental approvals for the construction and operation of the billboard structure. The new lease agreement replaces the requirement that the structure be built within one year and instead states that it must be built by January 1, 2013. The only question being asked of the City Council is regarding the leasing of City owned land. The installation and operation of a digital billboard in this area of the City is specifically permitted under Title 19 of the Tukwila Municipal Code (TMC) 19.38. In this chapter of the sign code, the City specifically established two billboard receiving areas, one along West Valley Highway and one along Boeing Access Road. The purpose of the billboard receiving areas was to allow the installation of new billboards in exchange for removing a significant number of existing billboards in the City. ►E INFORMATIONAL MEMO Page 2 CCO has obtained a sign permit application to install a one sided billboard structure on the City property. As part of the permit process, CCO identified the following billboards to be removed in the City: Clear Channel Outdoor Panel Number(s) I King County Parcel Number #17204 and #17205 I #032304 -9046 #22041 I #735960 -0876 #22166 and #22167 I #004100 -0130 Two of the billboards listed above have already been removed. The billboard located on parcel number #735960 -0876 is located on the old Newporter site, which is owned by the City. The removal sites are not included in the Lease Agreement because the requirement is specified by adopted City Code. CCO would still be required to remove billboard structures if the proposed digital billboard was located elsewhere in the billboard receiving zone. As required by the TMC, CCO has also made the billboard structure available for City use (See attached agreement). The City is allowed 28 -days of message area for City events (i.e. Family Forth at the Fort and the Backyard Wildlife Fair, etc) and the City is granted unlimited use of the digital billboard for emergency alerts (i.e. Amber Alerts or Evacuation Orders). The digital billboard is also available to be used by other regional public safety agencies, such as the King County Sherriff's Office or Washington State Department of Emergency Management. ANALYSIS The subject property has an assessed value of $115,500 The proposed Lease Agreement will generate over $400,000 in revenue for the city over the 15 -year term, while at the same time allowing the City to retain the property for future needs, such as right of way improvements. The lease with CCO would not restrict other possible uses of the property, provided those uses do not constrain the operation of the proposed billboard. FINANCIAL IMPACT The City's general fund will receive over $400,000 in lease income from the lease agreement with CCO. RECOMMENDATION The Council is being asked to authorize the Mayor to enter into a Lease Agreement (in substantial form) with CCO. Staff is requesting that the Committee allow the agreement to be placed on the May 21, 2012 consent agenda. ATTACHMENTS Draft Lease Agreement; Aerial Map of Site; Informational Memo dated March 1, 2011; and Memorandum of Understanding between CCO and the City of Tukwila for use of the billboard structure. I Source: http: /gismaps. kingcounty .gov /parcelviewer2 /checkd online on May 8, 2012. 42 ZADCD n Clerk's \Brandon \Clear Channel\CAP, 2012.05.08 \InfoMemo.doc oA5T� CLEAR CHANNEL OUTDOOR LEASE AGREEMENT Lease 1. This Lease Agreement "Lease is dated effective as of July 1, 2012, and entered into by and between CITY OF TUKWILA "Landlord and CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation (`Tenant Landlord hereby leases to Tenant the real estate commonly known as 2140 SW 43 Street and situated in the City of Tukwila, County of King in the State of Washington, whose permanent property tax number and legal description are attached hereto and incorporated herein by reference as Exhibit A (the "Property"). The Property is leased for the purpose of erecting, maintaining, operating, improving, supplementing, posting (whether physically, digitally or via other remotely changeable technology), illuminating, repairing, repositioning and /or removing outdoor advertising structure, including, without limitation, fixture connections, electrical and broadband supply and connections, panels, signs whether digital, static or similar technologies), copy and any other equipment and accessories as Tenant may place thereon (collectively, the "Structure This Lease includes all necessary rights of ingress and egress. Tenant may license the use of the Structure, or any portion thereof, for any lawful purpose. 2. This Lease shall be in effect for an initial term of fifteen (15) years, commencing on July 1, 2012. If for any reason Tenant is unable to either complete construction of the Structure and /or fails to obtain the necessary governmental authorizations to operate the Structure, Tenant may terminate this Lease immediately upon notice to Landlord. If structure is not built by January 1, 2013 this lease agreement shall terminate. This Lease Agreement shall not be construed as a building land use and /or public works permit. Tenant is responsible for obtaining necessary city permits prior to constructing the structure. CLEAR CHANNEL shall have the right to terminate this Lease at the end of any monthly period during the initial term or any subsequent term upon notice to Landlord served not less than thirty (30) days prior to the end of any monthly period. 3. Tenant shall pay Landlord rent in the amount of Twenty Five Thousand Dollars ($25,000.00) per year payable in full upon commencement of the term and each anniversary date thereafter for the period of time commencing on July 1, 2012. Annual rent shall increase by seven and one half percent (7.5 on the fifth (5 and tenth (10 anniversaries of the Lease commencement. Tenant is responsible for payment of all applicable taxes. 4. This Lease shall continue in full force and effect for its initial term from July 1, 2012. During any term of this Lease and for a period of ninety (90) days following the expiration or earlier termination of this Lease, Landlord hereby grants to Tenant a right of first refusal, acceptance of which is exercisable at Tenant's sole discretion, to match the material terms of any offer acceptable to Landlord for the use or purchase of all or any portion of the Property and /or to match the material terms of any offer acceptable to Landlord for the use of purchase of any parcel or collection of parcels that includes the Property (the "Offer"), which includes, without limitation, similar time periods for performance and investigation as are set forth in the Offer A copy of all relevant document(s) containing the Offer received by Landlord shall be delivered to Tenant (the "Offer Documents Tenant shall then have twenty (20) days from its receipt of the Offer Documents in which to match the material terms of the Offer by giving notice of acceptance to Landlord. If Tenant rejects the Offer and the Property transfers pursuant to the terms of the Offer, Landlord shall promptly notify Tenant of such transfer and provide Tenant with any relevant contact information and rental payment submission addresses of such new owner of the Property. Prior to transferring ownership of the Property, Landlord shall furnish the new owner with a copy of this Lease. 5. Tenant is and shall remain the owner of the Structure until Tenant no longer has any rights to use or possess the Property whether (1) under this Lease, or any extension, renewal, or modification of this Lease; (2) by operation of law; (3) as a holder -over tenant; or (4) as such right is otherwise held by Tenant, provided, however, that Tenant has the right to remove the Structure at any time. Tenant must remove the structure within 30 -days of termination of this Lease or termination of tenant's right to use or possess the property. If tenant fails to remove the structure, the Landlord may remove the structure and seek reimbursement from the tenant for the removal and disposal of the sign and any associated legal fees. If for any reason Tenant's Structure is removed, materially damaged or destroyed, all rent payments shall cease for up to ninety (90) days until the Structure is rebuilt and all necessary governmental authorizations are obtained to operate the Structure. After 90 days tenant shall pay fifty percent (50 of the scheduled rent until repairs or replacement is completed or Tenant may terminate the Lease. If the Structure is removed for any reason, only the above ground portions of the Structure need be removed. Tenant has the sole right to make any necessary applications with, and obtain permits from, governmental entities for the construction, use and maintenance of the Structure. All such permits and other rights to outdoor advertising on the Property shall remain the property of Tenant. Tenant shall have no obligation to pursue any zoning matter or to continue to maintain any permit. Any such action shall be at Tenant's option. 43 6. Landlord and Landlord's tenants, agents, employees or other persons acting on Landlord's behalf, shall not place or maintain any object on the Property or any neighboring real property owned or controlled by Landlord, excluding City of Tukwila owned right of way or easements, which, in Tenant's sole opinion, would obstruct the view of the advertising copy or display on the Structure. If Landlord fails to remove the obstruction within fifteen (15) days after notice from Tenant, Tenant may in its sole discretion: (a) remove the obstruction at Landlord's expense; (b) cancel this Lease, remove any or all of the Structure, and receive all pre -paid rent for any unexpired term of this Lease; or (c) reduce the rent to One Hundred Dollars ($100.00) per year while the obstruction continues. Tenant may trim any trees and vegetation currently on the Property and on any neighboring property owned or controlled by the Landlord as often as Tenant in its sole discretion deems appropriate to prevent obstructions. Without limiting the foregoing, Landlord shall not permit the Property or any neighboring property owned or controlled by Landlord to be used for off premise advertising. 7. If, in Tenant's opinion: (a) the view of the Structure's advertising copy becomes entirely or partially obstructed, (b) electrical service is unavailable; (c) the Property cannot safely be used for the erection or maintenance of the Structure for any reason; (d) the Property becomes unsightly; (e) there is a diversion, reduction or change in directional flow of traffic from the street or streets currently adjacent to or leading to or past the Property; (f) the Structure's value for advertising purposes is diminished; (g) Tenant is unable to obtain or maintain any necessary permit for the erection, use and /or maintenance of the Structure; or (h) the Structure's use is prevented or restricted by law, then Tenant may immediately: (i) contact the Landlord to negotiate a reduction in rent based on the direct proportionate loss suffered; or (ii) cancel this Lease pursuant to paragraph 2 and receive all pre -paid rent for any unexpired term of this Lease. In addition, if Tenant is prevented from illuminating its signs by law, or other cause beyond Tenant's control, the rent shall be reduced by one -third for such period of non illumination. In the event that a request for rent reduction is made and a mutually agreeable solution can not be reached in 30 days then Landlord may terminate the Lease after giving Tenant at least 90 days notice. 8. (a) If the Structure or the Property, or any part thereof, is condemned by proper authorities or taken without the exercise of eminent domain, whether permanently or temporarily; (b) if any right -of -way from which the Structure is visible is relocated; (c) if there is a diversion, reduction or change in directional flow of traffic from the street or streets currently adjacent to or leading to or past the Property; (d) if visibility to the Structure is impaired; (e) if the value or utilization of the Structure is reduced; (f) or the Structure's use is prevented or otherwise restricted, then Tenant shall have the right to relocate the Structure on Landlord's remaining property or to terminate this Lease upon not less than thirty (30) days' notice and to receive all pre -paid rent for any unexpired term of this Lease. Tenant shall be entitled to all compensation and other remedies provided by law, including, without limitation, just compensation for the taking of the Structure and Tenant's leasehold interest in this Lease, limitation on the use or maintenance of the Structure, loss of goodwill, and /or relocation assistance. Landlord shall assert no rights in such interests. If condemnation proceedings are initiated, Landlord shall use its best efforts to include Tenant as a party thereto. No right of termination set forth anywhere in this Lease may be exercised prior to the sale to any entity with the power of eminent domain or by or for the benefit of any entity with the power of eminent domain. 9. Landlord represents that it is the owner (or owner's authorized agent) of the Property and has the authority to enter into this Lease. Landlord makes no assurances, representations or guarantees that the necessary utilities and infrastructure are available on the site for use by Tenant to operate a digital or static billboard. It is the tenant's responsibility to secure all necessary utilities for its operation. Landlord shall provide a readily accessible access point to the Property for Tenant to enter and exit the Property for installation and maintenance of the Structure. Access will be granted either from a neighboring property or Landlord will grant permission for Tenant to gain access over the curb and sidewalk on the south end of the Property. In the event that a ramp needs to be constructed for safe truck access to the Property Tenant shall construct such a ramp at its own expense. The cost associated with constructing the ramp shall be reimbursed by Landlord via a rent credit in the amount of the cost of the ramp not to exceed five thousand dollars, ($5,000). 10. If the Property is currently encumbered by a deed of trust or mortgage, ground lease or other similar encumbrance, Landlord shall deliver to Tenant on or before the commencement date hereof a non disturbance agreement in a form reasonably acceptable to Tenant. 11. If (a) Tenant has not been informed of the current address of Landlord or its authorized agent, or (b) two or more of the monthly payments sent by Tenant are not deposited by Landlord within ninety (90) days after the last such payment is sent by Tenant, then no further rent shall be payable hereunder for the period commencing with the due date of the first such payment not deposited and continuing until Landlord (i) gives Tenant notice of its business address or that of its authorized agent or (ii) deposits all previous payments. In either case, Tenant's rent obligations shall be reinstated retroactively as if neither event described in (a) or (b) of this section had occurred. 12. Tenant shall indemnify and hold Landlord harmless from all injuries to the Property or third persons caused by Tenant's employees, agents, licenses and contractors and for all claims, demands, lawsuits for damages arising out of Tenant's use of the Property.. Landlord shall indemnify and hold Tenant harmless from all injuries to Structure or third persons caused by Landlord, Landlord's employees, agents, licensees and contractors. 13. This Lease is binding upon the heirs, assigns and successors of both Landlord and Tenant. Landlord agrees not to assign this Lease to any competitor of Tenant without Tenant's prior written permission. Tenant shall have the absolute right to assign or sublet the structure. Landlord shall have the right to use the property and lease remaining portions of the property provided those leases do not impact Tenants use of the property or Tenants about to maintain the Structure. Landlord agrees not to lease any portions of the property to a competitor of Tenant. 14. Any notice to any party under this Lease shall be in writing sent by certified or registered mail, and shall be effective on the earlier of (a) the date when delivered and receipted for by a person at the address specified within this Lease, or (b) the date which is three (3) days after mailing (postage prepaid) by certified or registered mail, return receipt requested, to such address; provided, that in either case notices shall be delivered to such other address as shall have been specified in writing by such party to all parties hereto prior to the notice being delivered. 15. This Lease shall be governed exclusively by the provisions hereof and by the laws of the state in which the Property is located, as the same may from time to time exist without regard to conflicts of laws provisions. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Lease may be brought against any of the parties only in the courts within the county in which the Property is located, or, if it has or can acquire jurisdiction, in the United States District Court for the applicable district located in the applicable county where the Property is situated, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. If suit is brought or an attorney is retained by any party to this Lease because the other party breached this Lease, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and all related costs and expenses. 16. Neither Landlord nor Tenant shall be bound by any terms, conditions or oral representations that are not set forth in this Lease. This Lease represents the entire agreement of Tenant and Landlord with respect to the Structure and the Property and supercedes any previous agreement. Landlord hereby grants Tenant all rights necessary to record a memorandum of this Lease without Landlord's signature, including a limited power of attorney for such purpose. TENANT: CLEAR CHANNEL OUTDOOR, INC. By: Its: DATE: Branch Address: i el No. ATTEST /AUTHENTICATED Christy O'Flaherty, CMC, City Clerk Date approved by City Council LANDLORD: CITY OF TUKWILA By: Jim Haggerton, Mayor DATE: Printed Name of Landlord: Address: Tel No. Tax ID No. APPROVED AS TO FORM City Attorney ER Exhibit A Permanent Property Tax Number: 362304 -9037 Legal Description: POR OF NW 1/4 BEG 30 FT N 1275.75 FT W FROM NE CORNER OF HENRY ADAMS DONATION CLAIM TH N 120 FT TH W 98 FT TH S 57 FT TH W 72 FT TO ELY MGN OF WEST VALLEY HWY TH SLY ALG SAID ELY MGN TAP 30 FT N OF PLW N LINE OF HENRY ADAMS DONATION CLAIM TH E TO POB LESS POR FOR STATE HWY EN Clear Channel Outdoor digital billboard lease aerial map 47 Fl.] C it y o f T u kwila Conxnunity Affairs and Parks C mrrittee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes May 14, 2012 S: 00 p.m. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffle and Allan Ekberg Staff. Jack Pace, Brandon Miles, Rick Still, Dave Johnson, Kirsten May and Kimberly Matej CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Leasing of City Pronertv for Digital Billboard Original Agreement Expired Staff is seeking Council approval to enter into another lease agreement with Clear Channel Outdoor (CCO) for the City -owned property located at the northeast corner of West Valley Highway and South 180` Street. An original lease agreement was approved by the City Council April 2011 (also see Community Affairs Parks Committee minutes dated March 14, 2011). Per the original agreement, CCO was required to construct the billboard within one year. The billboard has not been built, the original agreement is now invalid, and CCO has request the City enter into a new agreement. Essentially, the new lease agreement terms with Clear Channel Outdoor remain similar to the original lease: Fifteen (15) year lease, termination clause and mutually renewable Lease rate of $25,000 annually with a 7.5% increase every five years CCO will provide property access, currently there is none Structure must be built by January 1, 2013 Will remove a total of five billboard faces for every billboard constructed Additionally, this agreement clarifies minor risk management issues that were not addressed in the original contract. Staff anticipates the City will receive over $400,000 in revenue over the next 15 years as a result of this agreement. UNANIMOUS APPROVAL. FORWARD TO MAY 21 CONSENT AGENDA. B. Child and Adult Care Food Program As information only, Parks and Recreation staff briefed the Committee on the federally funded Child and Adult Care Food Program (CACFP), which reimburses qualifying programs for snacks and/or meals provided to children. Tukwila will receive a reimbursement of $0.76 per snack provided in its programs. This will allow the City flexibility to strengthen and better serve children through enhancing programs and providing even healthier, well balanced snacks in City programs. INFORMATION ONLY. C. Raikes Foundation Continuation Grant As information only, staff provided details on the continuation of the Youth Program Quality Initiative (YPQI) grant from the Raikes Foundation. Over the last three years, the Parks and Recreation Department has received a total of $25,000 from the YPQI grant. The funding has been utilized to improve the Teen Program. Staff anticipates receiving an additional $5,000 from this program which will be used to support the teen hip hop dance program and new arts and crafts club. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:22 p.m. Next meeting: Tuesday, May 29, 2012 5:00 p.m. Conference Room #3 q _Committee Chair Approval Minute thy KAk' i 50 COUNCIL AGENDA SYNOPSIS Initials Prepared by Mayor's review LK Meetin Date 05/21/12 Council review ITEM NO. 5.D. i ITEM INFORMATION STAFF SPONSOR: LATRICIA KIN LOW I ORIGINAL AGENDA DATE: 5/21/12 AGENDA ITEM TITLE Interlocal Agreement between City of Tukwila and the City of SeaTac for Probation Services CATEGORY Discussion Motionl Consent Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 5121112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PWI SPONSOR'S The City of SeaTac has agreed to contract municipal court probation services with the City SUMMARY of Tukwila. The interlocal agreement, drafted by Tukwila's City Attorney, is signed by the City of SeaTac, and we are asking the Council to authorize the Mayor to sign the Interlocal Agreement. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/08/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Municipal Court COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE REQuMED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,500 $30,000 $226,432.00 $240,932.00- 256,432.00 Fund Source: REVENUE FROM THIS INTERLOCAL AGREEMENT Comments: Minimum revenue of $45,000 is expected from this agreement MTG. DATE 5/21/12 I MTG. DATE 05/21/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 4/03/12 Interlocal Agreement Minutes from the Finance and Safety Committee of 5/8/12 51 52 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Kimberly A. Walden, Presiding Judge BY: Latricia Kinlow, Court Administrator DATE: April 3, 2012 SUBJECT: Interlocal Agreement with City of SeaTac for Probation Services ISSUE SeaTac Municipal Court is in need of probation and jail alternative services. They recently ended their contract with the person who provided services due to SeaTac's need to increase probation availability, services and jail alternatives to their court customers. RECOMMENDATION The Council is being asked to approve the agreement to forward the interlocal agreement to the consent agenda for approval. BACKGROUND Tukwila Municipal Court's Misdemeanant Probation Division is highly respected throughout the Washington State judiciary. This team, consisting of Mindy Breiner (Probation Officer) and Kerry Carlson (Jail Alternative Specialist), is known for their innovative ways of providing probation services. They are often sought -out by other municipal courts as a resource for dealing with probation related issues. SeaTac desires to avail itself of their services. SeaTac Municipal Court approached Tukwila Municipal Court to discuss the possibility of having probation services provided by Tukwila. We discussed the scope of services, the caseload impact on the Tukwila probation staff, as well as the benefits this service provides for both municipal courts. Tukwila's City Attorney drafted the attached interlocal agreement and SeaTac's City Council approved the signing of the agreement. The scope of service and details of the compensation for probation services are provided in Exhibits A and B of the interlocal agreement. The interlocal also specifies the indemnification for both the City of Tukwila and the City of SeaTac. FINANCIAL IMPACT This agreement reimburses Tukwila for the service. SeaTac's participation in Tukwila's Jail Alternative Program will require an increase of .25 FTE for the Jail Alternative Specialist position. Exhibit B of the agreement details the costs and fees SeaTac will remunerate to Tukwila for probation services. The schedule includes a one -time fee of $15,000 for services Tukwila will provide for SeaTac's existing caseload. SeaTac's current caseload is approximately 90+ cases. We estimate annual caseload revenue of $45,000 based on the assignment of 7 probation cases per month. The projected expense resulting from the increase will range from $14,500 to $30,000. The determining factor of the increase will be based on the employee's decision to participate in the city's benefit package. ATTACHMENTS Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation Services. 53 54 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATAC FOR PROBATION SERVICES THIS INTERLOCAL AGREEMENT "Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tukwila "Tukwila and the City of SeaTac "SeaTac for SeaTac's utilization of Tukwila's Probation Services "Service WHEREAS, Tukwila currently provides Probation Services (the "Service for its Municipal Court; WHEREAS, SeaTac desires to avail itself of the Service; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between Tukwila and SeaTac as follows: 1. Statement of Purroose. The purpose of this agreement is to define the parameters of SeaTac's utilization of Tukwila's Probation Services, which is administered by Tukwila Municipal Court. 2. Scope of Services. SeaTac hereby engages Tukwila to perform the services described in Exhibit A, Scope of Services, attached hereto and incorporated herein. During the term of this Agreement SeaTac or Tukwila may request changes in the Scope of Services. Any such change requires the mutual agreement of the parties and shall be effective upon execution of a written amendment. 3. Compensation. SeaTac agrees to pay the costs and fees set forth in Exhibit B, Cost and Fee Schedule, attached hereto and incorporated herein. Tukwila shall submit a monthly invoice to SeaTac Municipal Court for all probation services and administrative costs due. Payment shall be due within 30 days of the date of the invoice. SeaTac shall pay a one -time $15,000.00 Existing Caseload Fee for assuming SeaTac's current probation caseload. This fee will be invoiced over nine months at $1,666.67 per month. 4. Duration. This Agreement shall take effect on April 1, 2012 and shall remain in effect through December 31, 2012. 5. Termination. Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. In the event that this Agreement terminates prior to December 31, 2012, SeaTac Municipal Court will invoice Tukwila Municipal Court within 30 days of termination of the Agreement for reimbursement for services paid by SeaTac Municipal Court Interlocal Agreement 1 55 but not yet rendered by Tukwila Municipal Court. Such invoice should include a detailed list of case numbers and defendants names. 6. Amendments. This agreement may be changed only by written amendment between SeaTac and Tukwila. Both parties will cooperate in preparing any documentation necessary to seek approval or to amend this agreement. 7. Independent Contractors. This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement. Each party to this Agreement shall act as an independent contractor, and neither party shall have the power to act for or bind the other party except as expressly provided for herein. No income, social security, state disability or other federal or state payroll tax shall be deducted from payments made to Tukwila under this Agreement. Tukwila's services shall be exempt from State sales, use or similar taxes. Tukwila may provide services to others during the same period Tukwila provides service to SeaTac under this Agreement. 8. Indemnification. A. SeaTac shall indemnify and hold harmless Tukwila and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of SeaTac, its officers, agents and employees, or any of them relating to or arising out of the performance of this Agreement; and if final judgment be rendered against Tukwila and its officers, agents and employees or any of them, or jointly against the Tukwila and SeaTac and their representative officers, agents and employees, or any of them, SeaTac shall satisfy the same to the extent that such judgment was due to SeaTac's negligent act or omissions. B. Tukwila shall indemnify and hold harmless SeaTac and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of Tukwila, its officers, agents and employees, or any of them relating to or arising out of the performance of this Agreement; and if final judgment be rendered against SeaTac and its officers, agents and employees or any of them, or jointly against SeaTac and Tukwila and their representative officers, agents and employees, or any of them, Tukwila shall satisfy the same to the extent that such judgment was due to the Tukwila's negligent act or omissions. Interlocal Agreement 2 56 9. Governiniz Law and Venue. This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County. 10. Severabilitv. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner. 11. Correspondence and Notices. All correspondence and notices related to this agreement shall be delivered or mailed to the following addresses: Tukwila: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, WA 98188 SeaTac: SeaTac Municipal Court 4800 South 188 Street SeaTac, WA 98188 Interlocal Agreement 3 57 IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement this day of March 2012. City of Tukwila Jim Haggerton, Mayor Date: Tukwila Municipal Court Kimberly Walden, Presiding Judge Date: Approved as to Form: City Attorney Interlocal Agreement 4 City of SeaTac Todd Cutts, City Manager Date: SeaTac Municipal Court Elizabeth Bejarano, Presiding Judge Date: Approved as to Form: City Attorney EXHIBIT A SCOPE OF SERVICES Tukwila Probation Services Tukwila agrees to provide the following services: To the degree permitted by law and ordered by SeaTac Municipal Court: 1. Provide supervised probation, monitored probation, deferred prosecution monitoring, or record checks as ordered by the SeaTac Municipal Court "Court"). 2. Provide Jail Alternative services as ordered by the Court, including day reporting, community work, and electronic home detention. 3. Attend review calendars at the Court on the first (0) Thursday of each month. 4. Assist the Court Administrator in developing a policy and procedure manual for SeaTac Probation. SeaTac agrees to provide the following services under this Agreement: 1. Provide Tukwila access to CaseloadPro case management system for two users. 2. Provide Tukwila with two key cards for access to Court offices. 3. Provide an appropriate meeting space in SeaTac City Hall for Tukwila Probation Services to use as an alternate location. 4. Provide Tukwila with JIS user names and passwords for all Tukwila Probation Services staff. 5. Refer all appropriate cases to Tukwila for the provision of those services indicated by this Agreement. 6. Provide payment to Tukwila for services rendered pursuant to Exhibit B, Costs. Interlocal Agreement 5 59 EXHIBIT B COST AND FEE SCHEDULE PAYMENTS TO TUKWILA SeaTac shall be charged the following amounts for Tukwila Probation Services: Probation Services: Supervised Probation Monitored Probation Record Check Only Deferred Prosecution $300.00 per case, per year $200.00 per case, per year $100.00 per case, per year $1200.00 per case Jail Alternative Fees: Intake Fee Day Reporting Community Work Electronic Home Detention Administrative Costs Monthly Probation Administrative Fee Existing Caseload Fee Interlocal Agreement 6 $25.00 per case $10.00 per case, per day $10.00 per case, per day $10.00 per case, per day plus $10.00 one -time processing fee per case $200.00 per month $15,000.00 (one -time fee) 1 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes May 8, 2012 5:15p. m.; Conference Room #3 PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: Kim Walden, Trish Kinlow, Mindy Briener, Mike Villa, Peggy McCarthy, Derek Speck, David Cline and Kimberly Matej Guests: Jerry Thornton, Lynn Churchill, Art Rosengren and Jun Castillo COPCAB Members CALL TO ORDER: Chair Quinn called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement: Citv of SeaTac for Probation Services Staff is seeking Council approval to enter into an Interlocal Agreement to provide probation and jail alternative services to the City of SeaTac. The City of SeaTac would like to utilize the City of Tukwila's probation services in order to increase probation availability, services and jail alternatives to their court customers. Tukwila has the capacity to take on the SeaTac caseload, and would like to do such via an Interlocal Agreement. SeaTac will pay Tukwila a one -time fee of $15,000 to absorb SeaTac's current caseload, and new cases will be billed according to services and costs incurred (see Exhibit B, page 8 of the Committee agenda packet). Committee Member Robertson asked if this additional caseload would contribute to the high volume of traffic already being experienced at City Hall. Staff explained that they do not anticipate an increase due to this agreement, since SeaTac will still remain the presiding court for SeaTac related offenses, and probationary services are usually one -on -one interactions between the officer and client. Committee Member Robertson also commented that the agreement did not appear to cost Tukwila anything; as well, he confirmed that the Court has the capacity to support this additional function. Staff responded in the affirmative, stating that additional functions would require more Court space. UNANIMOUS APPROVAL. FORWARD TO MAY 21 CONSENT AGENDA. B. Lease for Neighborhood Resource Center Staff is seeking Council approval for two items relating to the re- opening of a Neighborhood Resource Center (NRC): Enter into a lease agreement with Mike West for the property located at 14862 Tukwila International Boulevard (formerly Southtowne Auto Rebuild) Expenditure of drug asset forfeiture funds in the amount of $74,071 for tenant improvements Due to budget cuts, the Police Department's Neighborhood Resource Center (NRC) was closed in early 2011. Since that time, police staff and citizens alike have noticed increased prostitution and drug- related activity in the Tukwila International Boulevard corridor. Although a new NRC is planned to be included in the Tukwila Village development, it will be approximately three years until the facility will be complete and functional. Staff believes it is important to the City and community to re -open the NRC as soon as possible, and have identified the former Southtowne Auto Rebuild as a potential location. Owner Mike West has agreed to a three -year lease with the City for use of a portion of the building as a Neighborhood Resource Center. .A M COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 05/21/21 EB Initials ITEM NO. Mayor's review Council review 5.E. ITEM INFORMATION STAFF SPONSOR: EVIE BOYKAN I ORIGINAL AGENDA DATE: 05/21/12 AGENDA ITEM TITLE Contract with King County for 2012/2013 Minor Home Repair program CATEGORY Dismssion MotionlConsent Resolution Ordinance Mtg Date Mtg Date 09121112 Mtg Date Mtg Date Bid Award ❑Public Hearing Other Mtg Date 111tg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI SPONSOR'S Council is being asked to authorize the Mayor's signature's on the contract between the SUMMARY City of Tukwila and King County. The contract has been extended through May 31 2013, due to the late issuance. The contract amount has also changed to $132,300 from the original request of $125,000. Tukwila's portion of funds will be $26,825. The contract for the minor home repair project comes before the Council annual /y, and the Council President has approved it to go directly to the ConsentAgenda. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: N /A-TO CONSENT COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office, Human Services Division COMMITTEE Council President approval to forward to Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $132,300 $132,300 Fund Source: HUD Comments: 100% of funds are reimbursable by King County through Community Development Block Grant funds MTG. DATE J RECORD OF COUNCIL ACTION 5/21/12 1 MTG. DATE 05/21/12 ATTACHMENTS Informational Memorandum dated 5/07/12 King County Contract 63 M City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks FROM: Evelyn Boykan, Human Services Manager DATE: May 5, 2012 SUBJECT: Authorization to sign contract with King County for 2012/2013 Minor Home Repair program ISSUE Contracts over $40,000 require Council authorization. The 2012/2013 Minor Home Repair contract, (Application to King County was approved in 2011), will serve the cities of Tukwila, SeaTac, Covington, Des Moines and Pacific. The contract is being extending to May 31, 2013 due to the late start in 2012. This gives us additional time to spend the funds down. BACKGROUND The contract is for $132,300 of which $26,825 will serve the City of Tukwila. We were awarded an additional $7,300 for the contract period. This represents year 8 that we have administered this annual, competitively funded contract. In 2011 our contractors served 25 unduplicated Tukwila households. FINANCIAL IMPACT While the City is required upfront the dollars for the program, we are then fully reimbursed by the federal funds. RECOMMENDATION Council is being asked to authorize the Mayor to sign the 2012/2013 Minor Home Repair Agreement and consider this item under the Consent Agenda at the May 21, 2012 Regular Meeting. ATTACHMENTS 2012/2013 Contract between King County and the City of Tukwila 65 M Department of Community and Human Services Community Services Division Kie*gCou�ty Housinq and Community Development Section 206 -263 -9097 TTY Relay: 711 ICING COUNTY PUBLIC ENTITY SERVICES CONTRACT 2012 Contractor City of Tukwila Project Title Tukwila /SeaTac /Des Moines /Covington /Pacific Minor Home Repair (C12342) Contract Amount 132,300 Contract Period From: 01/01/2012 To 05/31/2013 DUNS No. (.if applicable) 010207504 CCR No. (if applicable) 47Z60 THIS CONTRACT No.5433919 is entered into by KING COUNTY (the "County and City of Tukwila (the "Contractor") whose address is 6200 Southcenter Boulevard, Tukwila, WA 98188. 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 24 CFR §92.504(c)(4). NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: EXHIBITS The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance /Endorsements Attached hereto as Exhibit I General Requirements Attached hereto as Exhibit II Tukwila /SeaTac /Des Moines /Covington /Pacific Minor Attached hereto as Exhibit III Home Repair (C12342) DURATION OF CONTRACT This Contract shall commence on the 1 st day of January 2012, and shall terminate on the 31 st day of May 2013, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. This form is available in alternate formats upon request for City of Tukwila persons with disabilities. Page 1 of 19 2012 Contract 67 IV. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the funds received from the County under this Contract in accordance with the budget, if included within an Exhibit. B. The County shall reimburse the Contractor for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. C. The current funding sources, funding levels, and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES FEDERAL $132,300 0110112012 05/31/2013 Federal Catalogue No. 14.218 TOTAL $132,300 01/01/2012 05/31/2013 D. The Contractor shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Contractor not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. E. If the Contractor's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County shall be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. F. The Contractor shall not invoice and charge the County for incurred costs which are also specifically paid for by another source of funds. V. EQUIPMENT PURCHASE. MAINTENANCE. AND OWNERSHIP A. The Contractor agrees that 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. B. The Contractor shall be responsible for all such equipment, including the proper care and maintenance. C. The Contractor shall ensure that all such equipment shall be returned to the appropriate government Contractor, whether federal, state or County, upon written request of the County. D. The Contractor shall admit County staff to the Contractor's premises for the purpose of marking such property with appropriate government property tags. E. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract identified funds. VI. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. No oral statement or other conduct by the County shall change or modify the Contract. City of Tukwila Page 2 of 19 2012 Contract W; VII. INTERNAL CONTROL. ACCOUNTING AND AUDITS 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, financial and governmental reporting standards as prescribed by the appropriate accounting standards board. Audits A. The Contractor 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. B. If additional federal and /or state audit or review requirements are imposed on the County during the term of this Contract, the Contractor agrees this Contract may be amended to require that the Contractor comply with any such additional audit requirements. Even if this Contract is not amended, the Contractor agrees to comply with any such additional audit requirements. VIII. RECORDS. INSPECTIONS AND EVALUATIONS A. Retention of Records 1. The Contractor and its Subcontractors shall maintain books, records and documents of its performance under this contract in accordance with generally accepted account principles. The Contractor shall retain for six years after the date of final payment under the Contract all financial information, data and records for all work. 2. 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 shall notify the county in writing of any changes in location within ten working days of any such relocation. B. Evaluations and Inspections 1. 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 services provided under this Contract. The County shall give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. 2. 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 termination hereof, unless a longer retention period is required by law.- 3. 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. City of Tukwila Page 3 of 19 2012 Contract 69 C. Public Records Requests 1. This Contract shall be considered a public document and will be available for inspection and copying by the public in accordance with the Public Records Act, chapter 42.56 RCW (the "Act 2. If the Contractor considers any portion of any record provided to the County under this Contract, whether in electronic or hard copy form, to be protected under law, the Contractor shall clearly identify each such portion with words such as "CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET." If a request is made for disclosure of such portion, the County will determine whether the material should be made available under the Act. If the County determines that the material is subject to disclosure, the County will notify the Contractor of the request and allow the Contractor 10 business days to take whatever action it deems necessary to protect its interests. If the Contractor fails or neglects to take such action within said period, the County will release the portions of record(s) deemed by the County to be subject to disclosure. The County shall not be liable to the Contractor for inadvertently releasing records pursuant to a disclosure request not clearly identified by the Contractor as "CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET." IX. PROPRIETARY RIGHTS The parties to this Contract hereby mutually 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. The County agrees to and does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. X. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply: A. The County shall notify the Contractor in writing of the nature of the breach; B. The Contractor shall respond in writing no later than ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; City of Tukwila Page 4 of 19 2012 Contract 70 C. The County shall notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Contractor's corrective action plan; D. In the event that 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 may commence termination of this Contract in whole or in part pursuant to Section XI.A; E. In addition, the County may withhold any payment owed 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; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI. Subsections A, B, C, and D. XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the termination date specified in Section 11, by providing the Contractor 30 days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event that (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County, pursuant to this Subsection XI,B.(1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. 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 immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. B. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) 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 (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract shall terminate at the close of the current appropriation year. City of Tukwila Page 5 of 19 2012 Contract 71 C. This Contract may be terminated by the Contractor without cause, prior to the date specified by providing the County 90 days advance written notice of the termination. The Contractor shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part. D. Nothing herein shall limit, waivLh, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XII. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto 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 the provisions 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. X1111. HOLD HARMLESS AND INDEMNIFICATION 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 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. 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, and hold 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. B. The Contractor further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception that 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 pursuant to the Duration of Contract or the Termination sections. C. The Contractor shall protect, defend, indemnify, and hold 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, 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 City of Tukwila Page 6 of 19 2012 Contract 72 Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and /or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. The County shall protect, defend, indemnify, and hold 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 sole negligent acts or omissions of the County, its officers, employees, or agents. 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 attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. 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. F. To the extent that a Contractor subcontractor fails to satisfy its obligation to defend and indemnify the County as detailed in Section XVII.B. of this Contract, the Contractor shall protect, defend, indemnify, and hold harmless the County, its officers, employees and agents from any and all costs, claims, judgments, and /or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Contractor's subcontractor, its officers, employees, and /or agents in connection with or in support of this Contract. G. Nothing contained within this provision shall affect and /or alter the application of any other provision contained within this Contract. H. The indemnification, protection, defense and hold harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XIV. INSURANCE REQUIREMENTS Upon execution of this Contract, the Contractor, at its own cost, shall have procured and will maintain for the duration of this Contract, insurance as specified in the Minimum Scope and Limits of Insurance. Failure by the Agency, its agents, employees, officers, and or 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 professional liability, errors and omissions, will be acceptable on a "claims made" form. 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 completion of the work which is the subject of this Contract. City of Tukwila Page 7 of 19 2012 Contract 73 By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and /or prudent, maintain greater limits and /or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and /or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and /or alter the application of any other provision contained within this Contract. A. Minimum Scope and Limits of Insurance; The Contractor shall maintain limits no less than, 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. CG 00 01 current edition, including Products and Completed Operations covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liability, Errors and Omissions: $1,000,000 Per Claim and in the Aggregate. 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 professional standards of care 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. In the event that services delivered pursuant to this Contract involve the transportation of clients by Agency personnel in Agency -owned vehicles or non owned vehicles Risk Management will review and set the appropriate limits of coverage. 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: Statutory requirements of the State of residency, and Employers' Liability or "Stop Gap" coverage: $1,000,000. B. 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 Agency's liability to the County and shall be the sole responsibility of the Agency. C. Other Insurance Provisions and Requirements The insurance coverage(s) required in this Contract are to contain, or be endorsed to contain the following provisions: 1. All Liability Policies except Workers Compensation and Professional Liability: 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 City of Tukwila Page S of 19 2012 Contract 74 behalf of the Contractor in connection with this Contract. Additional Insured Endorsement shall be included with the certificate of insurance, "CG 2010 11/85" or its equivalent is required. The County requires this Endorsement to comollete the Contract. b. Such coverage shall be primary and non- contributory insurance as respects the County, its officers, officials, employees and agents. c. The Contractor's insurance coverage shall apply separately to each insured against whom a claim is made and /or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, until after forty-five (45) calendar days prior written notice, has been given to the County. D. Acceptability of Insurers Insurance coverage is to be placed with insurers with a Bests' rating of no less than A: Vill, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size Vlll. Professional Liability, Errors and Omissions insurance coverage may be placed with insurers with a Bests' rating of B +:VII. Any exception must be approved by the County. If at any time any of the foregoing policies fail to meet minimum requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval. E. Verification of Coverage The Agency shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. 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. F. Subcontractors The Contractor shall include all Subcontractors as insureds under its policies, or shall furnish separate certificates of insurance and policy endorsements for each Subcontractor. Insurance coverages provided by Subcontractors as evidence of compliance with the insurance requirements of this Contract not provided by the Contractor, shall be subject to all of the requirements stated herein. City of Tukwila Page 9 of 19 2012 Contract 75 XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity, gender expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. B. Equal Employment Opportunity Efforts The Contractor will 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, gender expression or age. The Contractors 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. Ref: KCC 12.16.020. C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) ordinance, and related administrative rules adopted by the County Executive, as a condition of a competitive award of a contract valued at $25,000 or more, the non public 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. 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 a competitively awarded contract is valued at $25,000 or more, the Contractor shall complete a Worksheet and Declaration form for County review and acceptance prior to Contract execution. The EB Compliance forms, Ordinance 14823 (which is codified at KCC Chapter 12.19), and related administrative rules are incorporated herein by reference. They are also available online at: httD: /www.kinacountv.aov/ operations /r)rocurement/Services/ Equal Benefits.aspx D. Nondiscrimination in Subcontracting Practices. 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, gender expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. City of Tukwila Page 10 of 19 2012 Contract 76 E. Compliance with Laws and Regulations. The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. 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. F. 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: Inquire about King County's Contracting Opportunities Program. King County has established a Contracting Opportunities Program to maximize the participation of Small Contractors and Suppliers (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 certified SCS firms, are available at the following Web -site address: http: /www.kingcounty.gov /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 (50 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 $750K dollars. 2. Contact the Washington State Office of Minority and Women's Business Enterprises (OMWBE) to obtain a list of certified minority -owned and women -owned business enterprises by visiting their website at http: /www.omwbe.wa.ciov/ 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.. City of Tukwila Page i 1 of 19 2012 Contract 77 G. 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 Contract and by applicable law. H. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the Americans with Disabilities Act of 1990 as amended (ADA). Pursuant to Title 11 of the ADA, and Section 504, King 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 I I of the ADA, and Section 504 and shall not deny participation of 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. 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 The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities and services under their Contract or agreement with the County, 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. XVI. SUBCONTRACTS AND ASSIGNMENT /SUBCONTRACTING A. The Contractor shall include the above Sections III, IV, V, VII, VIII, XIII, XIV, XVI, paragraph B -I, XXV, and XXVII in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. B. 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, employees, 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 this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." C. The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. City of Tukwila Page 12 of 19 2012 Contract OR This may be done by checking the Excluded Parties List System http: /epis.arnet.gov, which lists all suspended and debarred entities. D. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent shall be sought in writing by the Contractor not less than 15 days prior to the date of any proposed assignment or subcontract. E. "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. XVII. CONFLICT OF INTEREST A. The Contractor agrees to comply with applicable provisions of KCC Chapter 3.04. Failure to comply with such provisions shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section XI and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. 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. XVIII. 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. XIX. 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 42.50.590 (2). City of Tukwila Page 13 of 19 2012 Contract 79 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 Contractor and to provide the County a copy of the report of the investigation conducted by the law enforcement Contractor. 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. E -mail 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 the 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 anyone 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. City of Tukwila Page 14 of 19 2012 Contract :1 XX. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of Federal Regulations (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 that apply to business associates, including sections 164.308, 164.310, 164.312, and 164.316 of title 45 CFR. 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. City of Tukwila Page 15 of 19 2012 Contract i 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. 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, 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. 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 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. City of Tukwila Page 16 of 19 2012 Contract i 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. XXI. EMERGENCY RESPONSE A. The Contractor shall prepare and submit within six months of the execution of the Contract the necessary plans, procedures and protocols to: 1. Respond to and recover from a natural disaster or major disruption to Contractor operations such as a work stoppage; and 2. Continue operations during a prolonged event such as a pandemic. B. The Contractor shall conduct exercises or drills to test the effectiveness of its plans at least once a year and document the results of the exercise or drill. C. The Contractor shall prepare the plans in a format approved by the County. The explanation of the format will include the specific content of the Contractor's plans. The County will specify areas that must be addressed in the Contractor's plan. D. The County may waive the requirements in subsections A, B or C upon written request by the Contractor identifying compelling reasons why such requirements should not apply. XXII. NOTICES Unless otherwise specified in the Contract, all notices or documentation required or provided pursuant to this Contract shall be in writing and shall be deemed duly given when received at the addresses first set forth below via U.S. mail, personal delivery or electronic mail with the notice or documentation attached in .pdf format. XXIII. ICING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY 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. (Reference: KCC 10.16 King County Executive Policy CON 7 -1 -2). XXIV. SERVICES PROVIDED IN ACCORDANCE WITH LAS/ AND RULE AND REGULATION, The Contractor, and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the Department of Social and Health Services (DSHS) and County Agreement on General Terms and Conditions between the DSHS 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. City of Tukwila Page 17 of 19 2012 Contract i The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. This may be done by checking the Excluded Parties List System http: /epls.arnet.gov, which lists all suspended and debarred entities. In the event of a conflict between any of the language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. 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. XXV. 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 hereto. XXVI. POLITICAL ACTIVITY PROHIBITED 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. XXVII. FORCE MAJEURE The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract. If any party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Contract, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the County shall be entitled to exercise any remedies otherwise provided for in this Contract, including termination for default. City of Tukwila Page 18 of 19 2012 Contract XXV111. SEVERASILITY 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. IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on the date above written. KING COUNTY CITY OF TUKWILA FOR King County Executive Signature Date Approved by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY OCTOBER, 2011 Name (Please type or print) Date City of Tukwila Page 19 of 19 2012 Contract i x Ili i 1 1 N .r m `�r"�` °�r� �7`Ya S; '3ty dt+,lid�lH�`�"�,' r,.rl�.� n�'� i�j,�"'��F�;s,.���'��(r� W ncsml�� lid"kvih, I'lloww: 1 1 1 1"; hfl�lf, K ing Counly Oepartme of('4 0 1 NIMBI Smices '1106 11'"i "A"6 Affic J4;jjjdy 1' Review Specialisf 401 Silt Ave., NIc 5 10 Neati le, W A 99 1 04 RE: City of'Fukwila 2012 Oty of Tukwila!s Minor Home Repair Program Ev"'Weace of Coverage The above captioned critic y N a mcnibcr cif the Washington Otics Insurance Authority (WCIA), which is a self insurixf rxiol of over 150 municipal corporations in the State of Washington., Mffy* 'MAI ff- M, MIXMI, in t insured layer dmt may be Via';e in dw event an incident occurs that is deaned to be attributed to the negligence of the member. W' funded by the membership. As them is no insurance policy involve4 and CIA is not an insurance company, your organization cannot be named as an "additional insund". cc: Peggy MCCU-1hy clefter City of Tukwila Page I of 1 2012 Contract Exh I F-1h x EXHIBIT 11 CITY OF TUKWILA GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. 1. ADDITIONAL REQUIREMENTS— COMPEiVSATION AND METHOD OF PAYMENT A. Municipal Corporations If the Contractor is a municipal corporation, costs for which the Contractor requests reimbursement shall comply with the policies, guidelines and requirements of the United States Office of Management and Budget (OMB) Circular No. A -87, "Cost Principles For State, Local and Indian Tribal Governments" and those sections of 24 Code of Federal Regulations (CFR) Part 85 "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" identified at 24 CFR 570.502(a) Applicability of Uniform Administrative Requirements. B. Not- for profit Corporations It the Contractor is a nonprofit corporation, costs for which the Contractor requests reimbursement shall comply with the policies, guidelines and requirements of OMB Circular No. A -122, "Cost Principles for Non Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations, identified at 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements. This subsection shall not apply to a Contractor that is identified in this Contract as a Community Based Development Organization under 24 CFR §570.204(c)(1). C. Excess Federal Funds CDBG funds on hand shall not exceed $5.000 if retained beyond three days unless written approval is received from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. D. Program Income The Contractor shall report the receipt and expenditure of all CDBG Program Income, as defined in 24 CFR 570.500(a), that is generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. All Program Income is to be returned to the County unless the County specifies that it may be retained by the Contractor. If the County authorizes the Contractor to retain the Program Income to continue or benefit a project or projects, the Contractor shall comply with all provisions of the Contract in expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section XI, Termination of the Community and Human Services and Public Entity Services Contracts. City of Tukwila Page i of 7 2012 Contract -Exh 11 89 11. ADDITIONAL REQUIREMENTS— MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions to the six year retention period specified in Section Vlll, Records, Inspections and Evaluations of the Community and Human Services and Public Entity Services Contracts are as follows: Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation or claims have been resolved; and 2. The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the County. B. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 24 CFR 85.20 and the OMB Circular A -87 for governmental agencies, 24 CFR 84.21 and OMB Circular A -122 for Nonprofit Corporations. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. C. Employment Records If the Contractor is a municipal corporation, it agrees to maintain the following data for each of the Contractor's operating units funded in whole or in part with CDBG funds provided under this Contract. 1. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO -4 form. 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Contractor shall maintain documentation of the affirmative action measures the Contractor has taken to overcome prior discrimination if a court or Housing and Urban Development (HUD) has found that the Contractor has previously discriminated against persons on the grounds of race, color, national origin or sex in administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. E. Additional Records The Contractor shall maintain separate files for each program exhibit including: Notice of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; 3. Correspondence regarding budget revision requests; City of Tukwila Page 2 of 7 90 2012 Contract -Exh It 4. Copies of all invoices and reports submitted to the County; 5. Bills for payment; 6. Copies of approved invoices and warrants and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are allowable in accordance with the applicable OMB Circular. Such records include, but are not limited to the following. a. Personnel costs payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed by a supervisor and, if less than full time, annotated to document percent of time charged against this Exhibit. b. Staff travel documentation of mileage charges for private auto. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 8. Documentation of the solicitation process used to select vendors and subcontractors along with original purchase orders and subcontracts. III. ADDITIONAL REQUIREMENTS NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Additional Federal Nondiscrimination Requirements The Contractor shall comply with all applicable federal laws prohibiting discrimination, including the following: Executive Order 1.1063 as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107; and 2. Section 109 of the Housing and Community Development Act of 1974, as amended 42 United States Code (USC) 5301. B. Prohibited Discriminatory Actions The Contractor may not, under any program or activity to which this Contract may apply, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory actions may include, but are not limited to, the following: Denying any person access to facilities, services, financial aid 'or other benefits provided under the program or activity; 2. Denying any person services due to limited English proficiency; City of Tukwila Page 3 of 7 2012 Contract -Exh If 91 3. Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; 5. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; 6. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; and 7. Denying any person any opportunity to participate in a program or activity as an employee. C. Employment Projections In all solicitations under this Contract, the Contractor shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this Section. IV. ADDITIONAL REQUIREMENTS— NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 24 CFR 85.36(e) as amended if the Contractor is a municipal corporation, and 24 CFR 84.44(b)(1) -(5) if the Contractor is a nonprofit corporation. In accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in XV F, Small Contractors and Suppliers and Women Business Enterprises Opportunities of the Community and Human Services Contract and Public Entity Services Contract. V. ADDITIONAL REQUIREMENTS— SUBCONTRACTS AND PURCHASES A. Debarred Contractors The Contractor shall not make any award at any time to any contractor, which is debarred, suspended, or excluded from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension B. Federal Procurement Requirements If the Contractor is a municipal corporation, it agrees to comply with procurement requirements specified in 24 CFR 85.36(b) through (g). If the Contractor is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 CFR City of Tukwila Page 4 of 7 92 2012 Contract -Exh II 84.40 through .48. The regulations at 24 CFR 85.36 (b) through (g) and 24 CFR 84.40 through .84.48, require that all goods and services, irrespective of cost, be procured using a competitive process. C. Failure to Comply is Default Failure by the Contractor to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VI. ADDITIONAL REQUIREMENTS CONFLICT OF INTEREST A_ No Conflict of Interest The Contractor agrees to abide by the provision of 24CFR 84.42 and 570.611, which include (but are not limited to) the following. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds. 2. No employee, officer or agent of the Contractor shall participate in the selection or in the award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the County, the Contractor or any designated public agency. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right to royalty -free, non exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. VII. ADDITIONAL REQUIREMENTS POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Contractor certifies, to the best of its knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the City of Tukwila Page 5 of 7 2012 Contract -Exh 11 93 making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress,in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Contractor shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such failure. VIII. ADDITIONAL REQUIREMENTS EQUIPMENT PURCHASE. MAINTENANCE AND OWNERSHIP Disposition of Equipment If the Contractor ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Contractor wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR 570.502(b)(3)(vi), if the Contractor is a nonprofit corporation and 24 CFR 570.502(a) and 24 CFR 85.32(e) if the Contractor is a municipal corporation. The Contractor agrees that it will contact the County for instructions prior to disposing of, surplusing, encumbering or transferring ownership of any equipment purchased in whole or in part with federal funds. IX. SUPPLANTING A. Not for Profit Corporation If the Contractor is a nonprofit corporation providing public (human) services under this Contract with CDBG funds and the Contractor received non federal funds from King County "local funds or any other source to provide the same services as those funded herein during the preceding calendar year, the Contractor must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation If the Contractor is a municipal corporation, any federal CDBG Funds made available under this Contract shall not be utilized by the Contractor to reduce or replace the local financial support currently being provided for the service funded under this Contract. City of Tukwila Page 6 of 7 2012 Contract -Exh II 94 X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REQUIREMENTS A. Drug -Free Workplace Certification The Contractor certifies that it is in compliance with the Drug -Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 part 24, subpart F. B. Other Federal Requirements The absence of mention in this Contract of any other federal requirements which apply to the award, and expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Contractor activities. The Contractor shall comply with all other federal requirements relating to the expenditure of federal funds, including but not limited to: the Hatch Act (5 USC Chapter 15) regarding political activities. XI. CONSTITUTIONAL PROHIBITION Funds Not Used for Religious Purposes In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state principles, as a general rule, funds received under this Contract may not be used for religious activities. The following restrictions and limitations apply to the use of CDBG funds: A. An Contractor may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the assistance funded under this Contract. If the Contractor conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. in performing under this Contract, the Contractor shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. City of Tukwila Page 7 of 7 2012 Contract -Exh If 95 m EXHIBIT III CITY OF TUKWILA TUKWILAISEATACIDES MOINESICOVINGTON /PACIFIC MINOR DOME REPAIR PROGRAM Contract No.: 5433919 1 Project No.: C12342-1111406 King County Project Manager: Kathy Tremper Agency Contact Person: Evelyn Bovkan Start Date: January 1, 2012 Telephone: (206) 433 -7180; Fax: (206) 433 -7183 End Date: May 31, 2013 I Email: eboykan@ tukwilawa.gov I. WORK STATEMENT The City of Tukwila (hereinafter referred to as "the Contractor agrees to provide funds to repair the existing stock of homes owned by low- to moderate income households in the South King County communities of Covington, Des Moines, Pacific, SeaTac, and Tukwila, as described in this Exhibit beginning on January 1, 2012, and completing these services by May 31, 2013. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $132,300 in King County Community Development Block Grant (CDBG) funds. II. PROGRAM DESCRIPTION The preservation of the housing of low- to moderate income home owners through the provision of funds to repair the existing stock of homes owned by low- to moderate income households. A. Indicators The number of unduplicated households who receive minor housing repair assistance in the communities of Covington, Des Moines, Pacific, SeaTac, and Tukwila. B. Eligibility Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the following 2012 United States Housing and Urban Development (HUD) Income Guidelines Table. Clients may self certify in writing that their family income does not exceed the applicable limit. 2012 HUD INCOME GUIDELINES Median Family Income $88,000 Effective January 1, 2012 City of Tukwila 97 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY EXTREMELY LOW- MODERATE SIZE LOW- INCOME INCOME INCOME 1 $18,500 $30,800 $45,500 2 $21,150 $35,200 $52,000 3 $23,800 $39,600 $58,500 4 $26,400 $44,000 $65,000 5 $28,550 $47,550 $70,200 6 $30,650 $51,050 $75,400 7 $32,750 $54,600 $80,600 8 $34,850 $58,100 $85,800 Page 1 of 8 2012 Contract Exh III 97 2. The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees to use updated income guidelines that shall be provided by the County. The County shall provide the updated guidelines to the Contractor electronically or by hard copy. 4. Services provided with funding under this Exhibit may be limited to residents of Covington, Des Moines, Pacific, SeaTac, and Tukwila. 5. Services shall be provided on a first come, first served basis with safety and health issues prioritized. 6. Eligible clients must have lived in their home for at least one year. C. Definitions Disabled person is an adult who has severe disabilities based on the Bureau of the Census definition. 2. Elderly person is an individual who is 62 years or older. 3. Emergency repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety. 4. Routine maintenance includes activities that merely keep a structure in good operating condition; such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses. 5. Unit of service is a minor home repair, measured by unique job or repair hours that is undertaken in a client's home. D. Program Requirements The Contractor shall use CDBG funds to provide minor home repair services for low and moderate income homeowners in the cities of Covington, Des Moines, Pacific, SeaTac, and Tukwila. Funds shall be focused on maintaining the safety and health of the occupants, preserving the dwelling and /or conserving energy. These activities may include, but are not limited to: earthquake preparedness, replacing broken switches, sockets, light fixtures, repairing heat sources, repairing gutters and downspouts, replacing or repairing faucets, toilets, sinks, drains, broken or leaky pipes and repairing minor roof leaks. The Contractor agrees to serve, at minimum, the following unduplicated number of units repaired with funds provided under this Exhibit: City of Tukwila Page 2 of 8 2012 Contract Exh III 98 City of Tukwila Page 3 of 8 2012 Contract Exh III 99 2012 2012 2012 2012 Total 2013 2013 Total 1 st Qtr 2nd 3rd 4th in 1st 2nd 2012/ Jan— Qtr Qtr Qtr Year Qtr Qtr 2013 Mar Apr— Jul— Oct— 2012 Jan— Apr Jun Sep Dec Mar Jun Number of 0 3 5 3 11 3 0 14 unduplicated households in Tukwila Number of 0 3 3 5 11 3 0 14 unduplicated households in SeaTac Number of 0 3 3 3 9 3 0 12 unduplicated households in Des Moines Number of 0 4 6 4 14 1 1 16 unduplicated households in Covinqton Number of 0 0 1 2 3 2 2 7 unduplicated households in Pacific Cumulative 0 13 18 17 48 12 3 63 Total for all Cities 2. The Contractor agrees to provide, at minimum, the following cumulative hours of service: 2012 2012 2012 2012 Total 2013 2013 Total 1 st Qtr 2nd 3rd 4th in 1 st 2nd 2012/ Jan— Qtr Qtr Qtr Year Qtr Qtr 2013 Mar Apr— Jul— Oct— 2012 Jan— Apr Jun Sep Dec Mar Jun Minor Home 0 8 8 12 28 12 0 40 Repair hours in Tukwila Minor Home 0 8 10 12 30 12 0 42 Repair hours in SeaTac Minor Home 0 8 8 10 26 10 0 36 Repair hours in Des Moines Minor Home 0 12 18 12 42 3 3 48 Repair hours in Covinqton Minor Home 0 0 4 4 8 4 4" 16 Repair hours in Pacific Cumulative 0 36 48 50 134 41 7 182 Total for all Cities City of Tukwila Page 3 of 8 2012 Contract Exh III 99 The funds provided under this Exhibit shall be used to pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign a Site Specific Environmental Review (ER) Checklist, known as a Tier 3 review, for every individual job, before any work begins. This checklist allows Minor Home Repair (MHR) staff to proceed with certain types of projects without obtaining King County approval first, including projects involving maintenance, emergency repairs, grab bars or in pre approved mobile home parks. b. The Contractor shall submit all Site Specific ER Checklists to the Housing and Community Development (HCD) Environmental Review Specialist quarterly with invoice submittal. The Contractor shall keep hard copies on file. C. If the MHR staff checks "no" to all questions numbers1 -4 on a Site Specific Environmental Review Checklist, then MHR staff shall submit information to the King County ER Specialist and work shall not begin until the ER Specialist notifies Contractor staff that an ER for that site (Tier 3) is complete. These reviews shall be submitted along with at least one picture of the project house. d. The MHR staff shall provide the HCD ER Specialist information concerning the following regulations for Tier 3 reviews, as determined in the Tier 1, Five -Year Programmatic ER (published Dec. 2010): i. Section 106: Historic Preservation and Archaeology; ii. Toxic Chemicals; and iii. Flood disaster Protection Act (flood insurance). 4. Lead -Based Paint (LBP) Requirements a. Contractor shall complete the HCD Supplementary Lead Based Paint Checklist for all repairs on houses built prior to 1978 and submit copies to HCD Project Manager with Quarterly Billing Invoice Package as outlined in Section III.B. of this Exhibit: b. Contractor shall procure a neutral third party lead based paint certified, contractor hired specifically to assess LBP threshold determinations (with the exception of those re- occurring activities that have been pre- determined to not disturb paint). The sub contractors) shall not complete the LBP work on homes they have assessed and shall refer his /her determinations back to the Contractor to coordinate all LBP housing repairs and clearance through King County HCD Staff. City of Tukwila Page 4 of 8 2012 Contract Exh III 100 Contractor shall monitor job completion and LBP clearance of housing units per Housing Repair LBP standards as set forth in the Minor Home Repair Program Lead Based Paint Requirements and Process. d. If a project repair area is over de minimus and has children under the age of six residing in the house, and is over $5,000 in repair value, the project shall be referred to King County Housing Repair Program by MHR Staff for assessment and completion. In these instances, if the City makes the referral and desires to continue funding the repair as a grant, it will be responsible for all additional costs associated with addressing the repairs and the LBP. The Housing Repair Program will bill the MHR Program for the project in an amount adequate to cover all costs associated with the repair and LBP activity. If the MHR Program runs out of funds available for grant transfer referrals, the referrals will be assessed for the traditional non amortizing loan program through the Consortium's Housing Repair Program, if desired by the client through normal channels of intake, and general HRP process. The estimated HCD cost associated with LBP review, testing, determination and clearance has been determined to be no less than $500 to cover associated travel and HRP staff time, but will be itemized per project. Multiple tests might be necessary to complete clearance of a project e. Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead -Based Paint Poisoning Prevention in Certain Residential Structures at 24 Code of Federal Regulations (CFR) Part 35. Such records shall include, for each housing unit assisted under this Contract: i. Records evidencing that the housing repair was exempt pursuant to 24 CFR Part 35.115; or ii. Records evidencing that the scope of the housing repair work did not exceed the de minimus criteria at 24 CFR Part 35.1350(d) and that the Contractor provided the required pamphlet to the occupants of the housing unit pursuant to 24 CFR Part 35.910(b); or iii. Records evidencing that the housing repair work was completed in accordance with the procedures specified in 24 CFR Part 35, Subpart J including provision of required notices, and performance of evaluation and clearances. City of Tukwila Page 5 of 8 2012 Contract Exh III 101 5. Subcontracted Services a. In addition to the requirements of Section XVI. of the Contract, the Contractor shall execute written agreements with each Contractor with which it subcontracts to provide services (hereinafter "Implementing Agency and shall incorporate into such subcontracts the provisions in Section II.F., Program Requirements, of this Exhibit. b. The Contractor shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the Contractor for goods, materials or services already provided. The Contractor shall invoice the County after the Implementing Agency has invoiced the Contractor. The Contractor shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The Contractor shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A -122 or OMB Circular A -87, as applicable. C. The Contractor shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance. 6. Copyright If this Contract results in any copyrightable material, King County reserves the right to royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for governmental purposes. 7. Public Information All marketing materials, news releases and other public notices related to projects funded under this Agreement shall include information identifying the source of funds as the King County Community Development Block Grant Program. III. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall not exceed $132.300. 1. CDBG Funds lKinq County CDBG Funds -South Sub Reqion I $132,300 Total CDBG Funds: I $132,300 City of Tukwila Page 6 of 8 102 2012 Contract Exh III 2. Line Item Budget Environmental Review I 2,000 Project Manaqement 6,500 I Office /Operating Supplies 0 I Construction Contracts $117,625 Communications I 0 j Travel and Traininq I 0 Lead Based Paint Activities I 5,000 Other Miscellaneous CDBG eligible cost: I 1,175 Total CDBG Funds: I $132,300 Billing Invoice Package The Contractor shall submit a Billing Invoice Package quarterly that consists of an invoice statement and other reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format approved by the County. All required reports shall accompany the invoice statement in order to receive payment. C 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices to the County in the form of a CDBG Program Voucher Reimbursement Request form. Such forms shall be signed by an authorized representative of the Contractor and shall be accompanied by copies of supporting documents. 3. The Billing Invoice Package is due within 20 working days after the end of the first through third quarter 2012 and the first quarter, 2013. 4. The Contractor shall submit an accrual letter on Contractor letterhead for any unpaid 2012 expenditures by December 14, 2012. 5. The 2012 fourth quarter Billing Invoice Package must be received by close of business on January 7, 2013. 6. The final 2013 voucher must be submitted no later than May 1, 2013. Method of Payment The County shall reimburse the Contractor on a quarterly basis for actual expenditures in accordance with the Line Item Budget in Section III.A. 2. Payment to the Contractor may be withheld for any quarter in which the Contractor has not submitted the reports specified in Section IV., REPORTING REQUIREMENTS, of this Exhibit, or in which said reports are incomplete. 3. The Contractor shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re- negotiate performance requirements if the County determines that such changes are substantial. City of Tukwila Page 7 of 8 2012 Contract Exh III .M IV. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in a format and to an address provided by the County. A. The Contractor shall submit a completed electronic version of the Environmental Review Form to the King County Environmental Review Specialist and place a hard copy with client's applications for repairs in the Contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice a completed Project Activity Report Form, in a format provided by the County. Each Project Activity Report shall include a narrative with an explanation if actual services are less than 90 percent of the cumulative minimum service requirements as stated. in Section II. D.1.and II.D.2. of this Exhibit. C. The Contractor shall use the following methods to measure the indicator specified in Section II.D.2. of this Exhibit: Number of units completed. D. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. 104 City of Tukwila Page 8 of 8 2012 Contract Exh III COUNCIL AGENDA SYNOPSIS Meeting Date 05/21/21 i i i Prepared by EB Initials Mayor's review Council review ITEM NO. 5.F. ITEM INFORMATION STAFF SPONSOR: EVIE BOYKAN I ORIGINAL AGENDA DATE: 05/21/12 AGENDA ITEM TITLE Amendment to interlocal agreement with participating cities for the Minor Home Repair Program. CATEGORY Discussion Motionl Consent Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 05121112 Mt Date Mt g Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S The existing Interlocal Agreement requires an amendment to clarify fund expenditures, SUMMARY add new funding to the 5 cities, and incorporate a new exhibit from King County. The contract for the minor home repair project comes before the Council annually, and the Council President has approved it to go directly to the Consent Agenda. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: N /A-TO CONSENT COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office, Human Services Division COMMITTEE Council President approval to forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $132,300 $132,300 Fund Source: HUD Comments: Cities pay first, Tukwila is reimbursed by King County MTG. DATE 5/21/12 RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 05/21/12 Informational Memorandum dated 05/07/12 Interlocal agreement amendment #1, with attachments Original Interlocal Agreement #12 -021 105 106 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks M FROM: Evie Boykan, Human Services Manager DATE: 05/07/12 SUBJECT: Authorization to approve amendment to interlocal agreement between the cities of Tukwila, SeaTac, Des Moines, Covington and Pacific ISSUE City Attorney review of the existing interlocal agreement suggests Council approval of proposed amendments to the interlocal agreement. These amendments add a required exhibit from King County and a new distribution of funds since we were awarded additional dollars for the contract period. BACKGROUND The interlocal agreement exists to support the implementation of the minor home repair program in the cities of Tukwila, SeaTac, Des Moines, Covington and Pacific. DISCUSSION Proposed changes clarify procedures as required by King County and Housing and Urban Development; the fund source of the Community Development Block Grant. Tukwila, as fiscal agent for the County will be the last signer. RECOMMENDATION Council is being asked to approve amendments to the interlocal agreement. The Council is being asked to consider this item at the May 21 Regular meeting on the Consent agenda. ATTACHMENTS Original interlocal agreement, amendment 1, exhibit A -2, exhibit B -2 107 V CITY OF TUKWILA INTERLOCAL AGREEMENT Amendment 1 Between the City of Tukwila and the cities of SeaTac, Des Moines, Covington and Pacific That portion of the Interlocal Agreement between the City of Tukwila and the Cities of SeaTac, Des Moines, Covington and Pacific is amended as follows: Section 21.2 is amended to read as follows: No City shall use more funds than have been annually allocated to it by King County for a minor home repair program as referenced in Exhibit A -2. However, if a City is unable to spend its portion of the funds by the 3rd quarter of the year for which the funds were allocated, the Cities may mutually agree to shift those funds to another City that has an on -going demand for minor home repair. Section 21.3 is amended to read as follows: Abide by additional requirements outlined in Exhibit B -2, attached hereto and incorporated herein by this reference. Exhibit A and Exhibit B to the Interlocal Agreement are deleted and hereby replaced with Exhibits A -2 and B -2. Exhibits A -2 and B -2 are fully incorporated for all purposes into this Agreement. All other provisions of the contract shall remain in full force and effect. Dated this day of 20 109 CITY OF SEATAC By: Todd Cutts, City Manager Date: Attest: (Printed Name] Title: Approved As To Form: Mark S. Johnsen, Sr. Assistant City Attorney CITY OF DES MOINES By: Anthony A. Piasecki, City Manager Date: Attest: [Printed Name] Title: Approved As To Form: Susan Mahoney, Assistant City Attorney CITY OF COVINGTON By: Derek Matheson, City Manager Date: Attest: (Printed Name]. Title: Approved As To Form: Sara Springer, City Attorney CITY OF TUKWILA By: Jim Haggerton, Mayor Date: Attest: [Printed Name] Title: Approved As To Form: Shelley M. Kerslake, City Attorney ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Date approved by City Council (Applicable if contract amount is over $40,000) aft CITY OF PACIFIC Cy Sun, Mayor Date: Attest: [Printed Name]. Title: Approved As To Form: Kenyon E. Luce, City Attorney 111 112 EXHIBIT A -2 Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home Repair Program CALENDAR YEAR 2012 May 30, 2013 Name of Agencies Qualified contractors Participating Cities Tentative Funding Tukwila Lead City $26,825 Des Moines $25,825 SeaTac $27,825 $26,825 J_cau paacu rauit Other TOTAL $16,825 $2,000 $5,000` $1,175 $132,300 113 114 EXHIBIT III (B -2) CITY OF TUKWILA TUKWILA/SEATAC /DES MOINES /COVINGTON /PACIFIC MINOR HOME REPAIR PROGRAM Contract No.: 5433919 1 Project No.: C12342- 1111406 King County Project Manager: Kathy Tremper I Agency Contact Person: Evelyn Boykan Start Date: January 1, 2012 I Telephone: (206) 433 -7180; Fax: (206) 433 -7183 End Date: May 31, 2013 I Email: eboykan@ tukwilawa.gov I. WORK STATEMENT The City of Tukwila (hereinafter referred to as "the Contractor agrees to provide funds to repair the existing stock of homes owned by low- to moderate income households in the South King County communities of Covington, Des Moines, Pacific, SeaTac, and Tukwila, as described in this Exhibit beginning on January 1, 2012, and completing these services by May 31, 2013. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $132.300 in King County Community Development Block Grant (CDBG) funds. II. PROGRAM DESCRIPTION The preservation of the housing of low- to moderate income home owners through the provision of funds to repair the existing stock of homes owned by low- to moderate income households. A. Indicators The number of unduplicated households who receive minor housing repair assistance in the communities of Covington, Des Moines, Pacific, SeaTac, and Tukwila. B. Eligibility Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the following 2012 United States Housing and Urban Development (HUD) Income Guidelines Table. Clients may self certify in writing that their family income does not exceed the applicable limit. 2012 HUD INCOME GUIDELINES Median Family Income $88,000 Effective January 1, 2012 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY EXTREMELY LOW- MODERATE SIZE LOW- INCOME INCOME INCOME 1 $18,500 $30,800 $45,500 2 $21,150 $35,200 $52,000 3 $23,800 $39,600 $58,500 4 $26,400 $44,000 $65,000 5 $28,550 $47,550 $70,200 6 $30,650 $51,050 $75,400 7 $32,750 $54,600 $80,600 8 $34,850 $58,100 $85,800 City of Tukwila Page 1 of 8 2012 Contract Exh III 115 2. The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees to use updated income guidelines that shall be provided by the County. The County shall provide the updated guidelines to the Contractor electronically or by hard copy. 4. Services provided with funding under this Exhibit may be limited to residents of Covington, Des Moines, Pacific, SeaTac, and Tukwila. 5. Services shall be provided on a first come, first served basis with safety and health issues prioritized. 6. Eligible clients must have lived in their home for at least one year. C. Definitions Disabled person is an adult who has severe disabilities based on the Bureau of the Census definition. 2. Elderly person is an individual who is 62 years or older. 3. Emergency repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety. 4. Routine maintenance includes activities that merely keep a structure in good operating condition; such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses. 5. Unit of service is a minor home repair, measured by unique job or repair hours that is undertaken in a client's home. D. Program Requirements The Contractor shall use CDBG funds to provide minor home repair services for low and moderate income homeowners in the cities of Covington, Des Moines, Pacific, SeaTac, and Tukwila. Funds shall be focused on maintaining the safety and health of the occupants, preserving the dwelling and /or conserving energy. These activities may include, but are not limited to: earthquake preparedness, replacing broken switches, sockets, light fixtures, repairing heat sources, repairing gutters and downspouts, replacing or repairing faucets, toilets, sinks, drains, broken or leaky pipes and repairing minor roof leaks. The Contractor agrees to serve, at minimum, the following unduplicated number of units repaired with funds provided under this Exhibit: 116 City of Tukwila Page 2 of 8 2012 Contract Exh III City of Tukwila Page 3 of 8 2012 Contract Exh III 117 2012 2012 2012 2012 Total 2013 2013 Total 1 st Qtr 2nd 3rd 4th in 1 st 2nd 2012/ Jan— Qtr Qtr Qtr Year Qtr Qtr 2013 Mar Apr— Jul— Oct— 2012 Jan— Apr Jun Sep Dec Mar Jun Number of 0 3 5 3 11 3 0 14 unduplicated households in Tukwila Number of 0 3 3 5 11 3 0 14 unduplicated households in SeaTac Number of 0 3 3 3 9 3 0 12 unduplicated households in Des Moines Number of 0 4 6 4 14 1 1 16 unduplicated households in Covington Number of 0 0 1 2 3 2 2 7 unduplicated households in Pacific Cumulative 0 13 18 17 48 12 3 63 Total for all Cities 2. The Contractor agrees to provide, at minimum, the following cumulative hours of service: 2012 2012 2012 2012 Total 2013 2013 Total 1 st Qtr 2nd 3rd 4th in 1 st 2nd 2012/ Jan— Qtr Qtr Qtr Year Qtr Qtr 2013 Mar Apr— Jul— Oct— 2012 Jan— Apr Jun Sep Dec Mar Jun Minor Home 0 8 8 12 28 12 0 40 Repair hours in Tukwila Minor Home 0 8 10 12 30 12 0 42 Repair hours in SeaTac Minor Home 0 8 8 10 26 10 0 36 Repair hours in Des Moines Minor Home 0 12 18 12 42 3 3 48 Repair hours in Covington Minor Home 0 0 4 4 8 4 4 16 Repair hours in Pacific Cumulative 0 36 48 50 134 41 7 182 Total for all Cities City of Tukwila Page 3 of 8 2012 Contract Exh III 117 The funds provided under this Exhibit shall be used to pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign a Site Specific Environmental Review (ER) Checklist, known as a Tier 3 review, for every individual job, before any work begins. This checklist allows Minor Home Repair (MHR) staff to proceed with certain types of projects without obtaining King County approval first, including projects involving maintenance, emergency repairs, grab bars or in pre- approved mobile home parks. b. The Contractor shall submit all Site Specific ER Checklists to the Housing and Community Development (HCD) Environmental Review Specialist quarterly with invoice submittal. The Contractor shall keep hard copies on file. C. If the MHR staff checks "no" to all questions numbers1 -4 on a Site Specific Environmental Review Checklist, then MHR staff shall submit information to the King County ER Specialist and work shall not begin until the ER Specialist notifies Contractor staff that an ER for that site (Tier 3) is complete. These reviews shall be submitted along with at least one picture of the project house. d. The MHR staff shall provide the HCD ER Specialist information concerning the following regulations for Tier 3 reviews, as determined in the Tier 1, Five -Year Programmatic ER (published Dec. 2010): Section 106: Historic Preservation and Archaeology; ii. Toxic Chemicals; and iii. Flood disaster Protection Act (flood insurance). 4. Lead -Based Paint (LBP) Requirements a. Contractor shall complete the HCD Supplementary Lead Based Paint Checklist for all repairs on houses built prior to 1978 and submit copies to HCD Project Manager with Quarterly Billing Invoice Package as outlined in Section 111.6. of this Exhibit. b. Contractor shall procure a neutral third party lead based paint certified contractor hired specifically to assess LBP threshold determinations (with the exception of those re- occurring activities that have been pre- determined to not disturb paint). The sub contractor(s) shall not complete the LBP work on homes they have assessed and shall refer his /her determinations back to the Contractor to coordinate all LBP housing repairs and clearance through King County HCD Staff. City of Tukwila Page 4 of 8 118 2012 Contract Exh III Contractor shall monitor job completion and LBP clearance of housing units per Housing Repair LBP standards as set forth in the Minor Home Repair Program Lead Based Paint Requirements and Process. d. If a project repair area is over de minimus and has children under the age of six residing in the house, and is over $5,000 in repair value, the project shall be referred to King County Housing Repair Program by MHR Staff for assessment and completion. In these instances, if the City makes the referral and desires to continue funding the repair as a grant, it will be responsible for all additional costs associated with addressing the repairs and the LBP. The Housing Repair Program will bill the MHR Program for the project in an amount adequate to cover all costs associated with the repair and LBP activity. If the MHR Program runs out of funds available for grant transfer referrals, the referrals will be assessed for the traditional non amortizing loan program through the Consortium's Housing Repair Program, if desired by the client through normal channels of intake, and general HRP process. The estimated HCD cost associated with LBP review, testing, determination and clearance has been determined to be no less than $500 to cover associated travel and HRP staff time, but will be itemized per project. Multiple tests might be necessary to complete clearance of a project e. Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead -Based Paint Poisoning Prevention in Certain Residential Structures at 24 Code of Federal Regulations (CFR) Part 35. Such records shall include, for each housing unit assisted under this Contract: i. Records evidencing that the housing repair was exempt pursuant to 24 CFR Part 35.115; or ii. Records evidencing that the scope of the housing repair work did not exceed the de minimus criteria at 24 CFR Part 35.1350(d) and that the Contractor provided the required pamphlet to the occupants of the housing unit pursuant to 24 CFR Part 35.910(b); or iii. Records evidencing that the housing repair work was completed in accordance with the procedures specified in 24 CFR Part 35, Subpart J including provision of required notices, and performance of evaluation and clearances. City of Tukwila Page 5 of 8 2012 Contract Exh III 119 5. Subcontracted Services a. In addition to the requirements of Section XVI. of the Contract, the Contractor shall execute written agreements with each Contractor with which it subcontracts to provide services (hereinafter "Implementing Agency and shall incorporate into such subcontracts the provisions in Section II.F., Program Requirements, of this Exhibit. b. The Contractor shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the Contractor for goods, materials or services already provided. The Contractor shall invoice the County after the Implementing Agency has invoiced the Contractor. The Contractor shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The Contractor shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with OMB Circular A -122 or OMB Circular A -87, as applicable. C. The Contractor shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance. 6. Copyright If this Contract results in any copyrightable material, King County reserves the right to royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for governmental purposes. 7. Public Information All marketing materials, news releases and other public notices related to projects funded under this Agreement shall include information identifying the source of funds as the King County Community Development Block Grant Program. III. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall not exceed $132,300. CDBG Funds lKing County CDBG Funds -South Sub Region $132,300 1 Total CDBG Funds: I $132,300 120 City of Tukwila Page 6 of 8 2012 Contract Exh III 2. Line Item Budget 10 Environmental Review I 2,000 Project Management I 6,500 Office /Operating Supplies I 0 Construction Contracts I $117,625 Communications I 0 Travel and Training I 0 Lead Based Paint Activities I 5,000 Other Miscellaneous CDBG eligible cost: I 1,175 Total CDBG Funds: 1 $132,300 Billing Invoice Package The Contractor shall submit a Billing Invoice Package quarterly that consists of an invoice statement and other reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format approved by the County. All required reports shall accompany the invoice statement in order to receive payment. C. 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices to the County in the form of a CDBG Program Voucher Reimbursement Request form. Such forms shall be signed by an authorized representative of the Contractor and shall be accompanied by copies of supporting documents. 3. The Billing Invoice Package is due within 20 working days after the end of the first through third quarter 2012 and the first quarter, 2013. 4. The Contractor shall submit an accrual letter on Contractor letterhead for any unpaid 2012 expenditures by December 14, 2012. 5. The 2012 fourth quarter Billing Invoice Package must be received by close of business on January 7, 2013. 6. The final 2013 voucher must be submitted no later than May 1, 2013. Method of Payment The County shall reimburse the Contractor on a quarterly basis for actual expenditures in accordance with the Line Item Budget in Section III.A. 2. Payment to the Contractor may be withheld for any quarter in which the Contractor has not submitted the reports specified in Section IV., REPORTING REQUIREMENTS, of this Exhibit, or in which said reports are incomplete. 3. The Contractor shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re- negotiate performance requirements if the County determines that such changes are substantial. City of Tukwila Page 7 of 8 2012 Contract Exh III 121 IV. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in a format and to an address provided by the County. A. The Contractor shall submit a completed electronic version of the Environmental Review Form to the King County Environmental Review Specialist and place a hard copy with client's applications for repairs in the Contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice a completed Project Activity Report Form, in a format provided by the County. Each Project Activity Report shall include a narrative with an explanation if actual services are less than 90 percent of the cumulative minimum service requirements as stated in Section II. D.1.and II.D.2. of this Exhibit. C. The Contractor shall use the following methods to measure the indicator specified in Section Il.F.2. of this Exhibit: Number of units completed. D. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. 122 City of Tukwila Page 8 of 8 2012 Contract Exh III 12 -021 Council Approval 1/17/12 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES MOINES, COVINGTON, PACIFIC AND THE CITY OF TUKWILA FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR HOME REPAIR PROGRAM THIS INTERLOCAL AGREEMENT "Interlocal is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac "SeaTac the City of Des Moines "Des Moines the City of Covington "Covington the City of Pacific "Pacific and the City of Tukwila "Tukwila hereinafter referred to as "City" or "Cities," to provide for planning, funding, and implementation of a minor home repair program. WHEREAS, the Cities engage in activities which support human service providers in King County; and WHEREAS, the Cities wish to make the most efficient use of their resources by cooperating to provide funding to support human service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities have the authority to engage in cooperative efforts that will result in more efficient use of government resources; NOW, THEREFORE, and in consideration of the terms, conditions, and performances made herein, it is agreed as follows: 1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement between the Cities to consolidate the funding process and implementation of a minor home repair program. This Interlocal will increase the efficiency of administering the program while decreasing administrative costs. 2. Responsibilities. A. Tukwila's Duties. 1) Contract and act as the fiscal and administrative agent with King County for the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila Covington, Pacific, and SeaTac. 2) Maintain required documentation and prepare required reports for King County consistent with the County's requirements regarding the use of Community Development Block Grant funds. 3) Maintain accounts and records that properly reflect transactions related to this Interlocal. 4) Responsible for reimbursing participating cities and submitting required paperwork to King County. Interlocal Agreeement for Minor Home Repair Page 1 of 15 i OJ5 °y`� 123 5) Responsible for the implementation of the minor home repair program within Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and King County. 6) Review and pay invoices for any services performed in Tukwila pursuant to this Interlocal. 7) Reimburse SeaTac, Covington, Pacific, and Des Moines on an as received basis for any invoices received pursuant to this Interlocal. B. SeaTac's Duties 1) Responsible for the implementation of the minor home repair program within SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in SeaTac pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. C. Des Moines' Duties 1) Responsible for the implementation of the minor home repair program within Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Des Moines pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. D. Covina ton's Duties 1) Responsible for the implementation of the minor home repair program within Covington in accordance with terms specified in the Block Grant contract between Tukwila and King County. this Interlocal. 2) Review and pay invoices for any services performed in Covington pursuant to 3) Remit invoices to Tukwila for reimbursement. E. Pacific's Duties Interlocal Agreement for Minor Home Repair Page 2 of 15 124 1) Responsible for the implementation of the minor home repair program within Pacific in accordance with terms specified in the Block Grant contract between Tukwila and King County. 2) Review and pay invoices for any services performed in Pacific pursuant to this Interlocal. 3) Remit invoices to Tukwila for reimbursement. F. Cities' Joint Duties 1) Subcontract with an agency /contractors that will perform qualified home repairs in Tukwila, SeaTac, Covington, Pacific and Des Moines in accordance with King County's Block .Grant program and applicable city policies. 2) No City shall use more funds than have been annually allocated to it by King County for a minor home repair program as referenced in Exhibit A. However, if a City is unable to spend its portion of the funds by the 3 rd quarter of the year for which the funds were allocated, the Cities may mutually agree to shift those funds to another City that has an on -going demand for minor home repair. 3) Abide by additional requirements outlined in Exhibit B, attached hereto and incorporated herein by this reference. 4) The Cities agree 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, employees, 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 this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." 5) Duration. This Interlocal shall become effective when it is approved by the Cities and shall remain in effect on an ongoing basis so long as funds are available for the minor home repair program. 6) Termination. Any City may terminate this Interlocal without cause by giving the other Cities a thirty-day written notice. The terminating City shall remain fully responsible for meeting its funding responsibilities to date up to the point of termination and other obligations established by this Interlocal through the end of the calendar year in which such notice is given. 7) Notices. Notices to the Cities shall be sent to the following persons: Interlocal Agreement for Minor Home Repair Page 3 of 15 125 City Contact SeaTac Human Services Manager, currently Colleen Brandt Schluter 4800S. 188 Street, SeaTac, WA 98188 206.973.4815; cbschluter(cbci.seatae.wa.us Des Moines Code Enforcement Officer, currently Nancy Uhrich 21630 11 Ave S, Suite D Des Moines, WA 98198 -6398 206 -870 -6558; nuhrichpdesmoineswa.gov Covington Personnel Division/Human Services, currently Victoria Throm 16720 SE 271 Street, Ste. 100 Covington, WA 98042 253 -638 -1110 Ext. 2237; vthrom@acovingtonwa.gov Pacific Community Services Director, currently Linda Morris 100 3` Ave SE Pacific, WA 98047 253 929 -1150; Imonis @ci.pacific.wa.us Tukwila Human Services Manager, currently Evelyn Boykan 6200 Southeenter Blvd, Tukwila, WA 98188 206.433.7180; eboykan@tukwilaWA.gov 8) Indemnification. Each City agrees to indemnify the other City from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs arising out of claims by third parties for breach of contract, property damage, and bodily injury, including death, caused solely by the negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this Interlocal. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agent or employee against the other City. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9) Insurance. Each City shall procure and maintain in full force throughout the duration of the Interlocal comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event that a City is a member of a pool of self insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such self insurance shall provide coverage equal to or greater than that required of non -self insurance pool member Cities. 10) Applicable Law. Venue. Attornev's Fees. This Interlocal 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 Interlocal, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Interlocal Agreement for Minor Home Repair Page 4 of 15 126 11) Counterparts. This document may be executed in any number of counterparts, each of which shall be considered an original. 12) Amendment or Modification. This Interlocal may be amended or modified in writing with the mutual consent of the Cities. IN WITNESS WHEREOF, 9 day of 4- hrua.ru J CITY OF SF A Tj C By: 1 Todd Cutts, City Manager Date:G Attest: rPrinted Namel Title: the undersigned have entered into this Interlocal as of this 1 2012. App4 As f,Sr. ark S. Johnssista nt City Attorney CITY OF DES MOINE By: Anthony A asecki, City Manager As ct r-P rove—A b L G` �ur c 1 i>1 a al z3 J l� Date: Attest: fPrinted N�amel 9z n Title: Approved As To Form: Assistant City Attorney Interlocal Agreement for Minor Home Repair Page 5 of 15 CITY OF KWIL B :6� Y_ �aggerto Date: �Id a ll z Attest: 9 w S' 5rt-- (PrintedNamel A'y'r Title: le ObA1c J Approved As To Form: (D-, 1" -Eb,— Shelley M. Kerslake, City Attorney CITY COVINGTON By: Derek Matheson, City Manager Date: 12 fit Attest: rPrint6d Namel 5ef45ZT� Title: J Approved As To Form: i Sara p ger, ity A orney 127 CITY OF PACIFIC By: ey,eun, Mayor Date: Attest: 6 CLA. [Printed Name] 0) Title: 11-4 Iler r e Albert Akuan, City Attorney Interlocal Agreement for Minor Home Repair Page 6 of 15 128 EXHIBIT A Interlocal Between the Cities For Planning, Funding, and Implementation of a Joint Minor Home Repair Program CALENDAR YEAR 2012 N' 4' Ame 6'0Q -$2 -IT 17.5 U �To �W W A A 4 0 Interlocal Agreement for Minor Home Repair Page 7 of 15 129 EXHIBIT B CITY OF SEATAC, DES MOINES, COVINGTON, PACIFIC AND THE CITY OF TUKWILA GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. ADDITIONAL REOUIREMENTS— COMPENSATION AND METHOD OF PAYMENT A. Municipal Corporations If the Agency is a municipal corporation costs for which the Agency requests reimbursement shall comply with the policies, guidelines and requirements of the United States Office of Management and Budget (OMB) Circular No. A -87, "Cost Principles For State, Local and Indian Tribal Governments" and those sections of 24 Code of Federal Regulations (CFR) Part 85 "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" identified at 24 CFR 570.502(a) Applicability of Uniform Administrative Requirements. B. Not-for-profit Corporations If the Agency is a nonprofit corporation, costs for which the Agency requests reimbursement shall comply with the policies, guidelines and requirements of OMB Circular No. A� 122, "Cost Principles for Non Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non Profit Organizations, identified at 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements. This subsection shall not apply to an agency that is identified in this Contract as a Community Based Development Organization under 24 CFR §570.204(c)(1). C. Excess Federal Funds CDBG fiends on hand shall not exceed $5.000 if retained beyond three days unless written approval is received from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. D. Program Income Interlocal Agreement for Minor Horne Repair Page 8 of 15 130 The Agency shall report the receipt and expenditure of all CDBG Program Income, as defined in 24 CFR 570.500(a), that is generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. All Program Income is to be returned to the County unless the County specifies that it may be retained by the Agency. If the County authorizes the Agency to retain the Program Income to continue or benefit a project or projects, the Agency shall comply with all provisions of the Contract in expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section XI, Termination of the Agency Services and Public Entity Services Contracts, or Section IX, Termination of the Special Projects Contract. II. ADDITIONAL REOUIREMENTS— MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions to the six year retention period specified in Section VI, Maintenance of Records of the Agency Services and Public Entity Services Contracts or Section V Evaluations, Records and Inspections of the Special Projects Contract are as follows: 1. Records that are the subject of audit findings, Iitigation, or claims shall be retained until such findings, litigation or claims have been resolved; and 2. The retention period for real property and equipment records starts from the date of the disposition, replacement or'transfer at the direction of the County. B. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 24 CFR 85.20 and the OMB Circular A -87 for governmental agencies, 24 CFR 84.21 and OMB Circular A -122 for Nonprofit Corporations. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. C. Employment, Records If the Agency is a municipal corporation, it agrees to maintain the following data for each of the Agency's operating units funded in whole or in part with CDBG funds provided under this Contract. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO -4 form. Interlocal Agreement for Minor Home Repair Page 9 of 15 131 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Agency shall maintain documentation of the affirmative action measures the Agency has taken to overcome prior discrimination if a court or Housing and Urban Development (HUD) has found that the Agency has previously discriminated against persons on the grounds of race, color, national origin or sex in administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Pail 121. E. Additional Records The Agency shall maintain separate files for each program exhibit including: 1. Notice of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; 3. Correspondence regarding budget revision requests; 4. Copies of all invoices and reports submitted to the County; 5. Bills for payment; 6. Copies of approved invoices and warrants; and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are allowable in accordance with the applicable OMB Circular. Such records include, but are not limited to the following, a. Personnel costs payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed by a supervisor and, if less than full time, annotated lo document percent of time charged against this Exhibit. b. Staff travel documentation of mileage charges for private auto. C. Copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 8. Documentation of the solicitation process used to select vendors and subcontractors along with original purchase orders and subcontracts. III. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION AND EOUAL EMPLOYMENT OPPORTUNITY Interlocal Agreement for Minor Home Repair Page 10 of 15 132 A. Additional Federal Nondiscrimination Requirements The Agency shall comply with all applicable federal laws prohibiting discrimination, including the following: Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107; and 2. Section 109 of the Housing and Community Development Act of 1974, as amended 42 United States Code (USC) 5301. B. Prohibited Discriminatory Actions The Agency may not, under any program or activity to which this Contract may apply, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory actions may include, but are not limited to, the following: Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; 2. Denying any person services due to limited English proficiency; 3. Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; 5. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; 6. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity, and 7. Denying any person any opportunity to participate in a program or activity as an employee. C. Employment Projections Interlocal Agreement for Minor Home Repair Page 11 of 15 133 In all solicitations under this Contract, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this Section. IV. ADDITIONAL REOUIREMENTS— NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Agency shall comply with 24 CFR 85.36(e) as amended if the Agency is a municipal corporation, and 24 CFR 84.44(b)(1) -(5) if the Agency is a nonprofit corporation. In accordance with these regulations, the Agency shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in XV E, Small Business and Women Business Enterprise Opportunities of the Agency Services Contract, or XV D, Small Business and Women Business Enterprise Opportunities of the Public Entity Services Contract. V. ADDITIONAL REQUIREMENTS— SUBCONTRACTS AND PURCHASES A. Debarred Contractors The Agency shall not make any award at any time to any contractor, which is debarred, suspended, or excluded from participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension B. Federal Procurement Requirements If the Agency is a municipal corporation, it agrees to comply with procurement requirements specified in 24 CFR 85.36(b) through (g). If the Agency is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 CFR 84.40 through .48. The regulations at 24 CFR 85.36 (b) through (g) and 24 CFR 84.40 through .84.48, require that all goods and services, irrespective of cost, be procured using a competitive process. C. Failure to Comply is Default Failure by the Agency to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VI. ADDITIONAL REOUIREMENTS— CONFLICT OF INTEREST A. No Conflict of Interest The Agency agrees to abide by the provision of 24CFR 84.42 and 570.611, which include (but are not limited to) the following. Interlocal Agreement for Minor Home Repair Page 12 of 15 134 The Agency 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 federal funds. 2. No employee, officer or agent of the Agency shall participate in the selection or in the award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG assisted activities, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the County, the Agency or any designated public agency. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right to royalty -free, non exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. V11. ADDITIONAL REOUIREMENTS— POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Agency certifies, to the best of its knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Agency, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Agency shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Interlocal Agreement for Minor Home Repair Page 13 of 15 135 The Agency shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such failure. Vill. ADDITIONAL REOUIREMENTS— EOUIPMENT PURCHASE, MAINTENANCE AND OWNERSHIP Disposition of Equipment If the Agency ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Agency wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR 570.502(b)(3)(vi), if the Agency is a nonprofit corporation and 24 CFR 570.502(a) and 24 CFR 85.32(e) if the Agency is a municipal corporation. The Agency agrees that it will contact the County for instructions prior to disposing, surplusing, encumbering or transferring ownership of any equipment purchased in whole or in part with federal funds. IX. SUPPLANTING A. Not for Profit Corporation If the Agency is a nonprofit corporation providing public (human) services under this Contract with CDBG funds and the Agency received non federal funds from King County ('local funds or any other source to provide the same services as those funded herein during the preceding calendar year, the Agency must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation If the Agency is a municipal corporation, any federal CDBG Funds made available under this Contract shall not be utilized by the Agency to reduce or replace the local financial support currently being provided for the service funded under this Contract. X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REOUIREMENTS Interlocal Agreement for Minor Home Repair Pale 14 of 15 136 A. Drug -Free Workplace Certification The Agency certifies that it is in compliance with the Drug -Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 part 24, subpart F. B. Other Federal Requirements The absence of mention in this Contract of any other federal requirements which apply to the award, and expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Agency activities. The Agency shall comply with all other federal requirements relating to the expenditure of federal funds, including but not limited to: the Hatch Act (5 USC Chapter 15) regarding political activities. X1. CONSTITUTIONAL PROHIBITION Funds Not Used for Religious Purposes In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state principles, as a general rule, funds received under this Contract may not be used for religious activities. The following restrictions and limitations apply to the use of CDBG funds: A. An Agency may not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the assistance funded under this Contract. If the Agency conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. In performing under this Contract, the Agency shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Interlocal Agreement for Minor Home Repair Page 15 of 15 137 I AGENDA ITEM TITLE COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayor's review Council review 05/21/12 BG 5.G. ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 05/21/12 Resolution for Aquatic Lands Enhancement Account (ALFA) Funding Grant Application for Construction of Duwamish Gardens Project CATEGORY Discussion Motion ®Resolution ❑Ordinance ❑Bid Award ❑Public Hearing ❑Other Mt g Date Mtg Date Mtg Date 9121112 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PIY/ SPONSOR'S Washington State's Recreation and Conservation Office's Aquatic Lands Enhancement SUMMARY Account (ALEA) requires a formal resolution for submission of a grant application. This resolution will authorize funding assistance for the construction of the Duwamish Gardens Project that is currently estimated at $2.8 million. Council is being asked to approve the resolution for the ALEA grant application. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. ❑Planning Comm. DATE: 05/07/12 COMMITTEE CHAIR: ALLAN EKBERG RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 301 PARKS (PG 64, 2012 CIP) Comments: MTG. DATE 05/21/12 MTG. DATE J 05/21/12 1 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 05/04/12 (revised after 5/7 TC) Resolution Page 64, Draft 2013 CIP Minutes from the Transportation Committee meeting of 05/07/12 139 140 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Bob, Giberson, Public Works Director 4 4 BY: Ryan Larson, Senior Engineer DATE: May 4, 2012 SUBJECT: Duwamish Gardens Project No. 90630102 Resolution for ALEA Grant Application and Other Grant Submittals ISSUE Approve a Resolution to the Aquatic Lands Enhancement Account (ALEA) for a grant application as well as submittal of other grant applications for construction funding. BACKGROUND The City acquired the Duwamish Gardens site in late 2008 for development of a fish habitat site. Design of the site began in March 2012 and is expected to be completed in early 2013. Funding for construction of the project has not yet been secured. ANALYSIS Preliminary conceptual plans call for the removal of 55,000 cubic yards of material from the site to create 1.3 acres of shallow water mudflat and marsh habitat and approximately 0.8 acres of uplands planted with native vegetation. A limited pedestrian trail, interpretive signs, and overlook will also be provided. A preliminary construction estimate indicates that the total construction costs will be approximately $2.8 million, which includes construction engineering, taxes, and contingency. A detailed project construction estimate will be developed as part of the design process. Construction is currently scheduled for 2015. Various grants are available for construction funding including ALEA, Salmon Recovery Funding Board, and the King Conservation District. Each of these grants require a local match, but grant funding from one source can typically be used as a match for funds from a different source. Staff proposes to apply for $500,000 in ALEA funding and this grant requires a resolution authorizing application as part of their grant review process. This resolution is due by May 29, 2012, necessitating a review by the Transportation Committee instead of the Community and Parks Committee in order to meet this deadline. RECOMMENDATION Committee approval is requested to seek grant funding for construction funding. Council is being asked to approve a Resolution authorizing the submission of the ALEA grant funding request and consider this item on the Consent Agenda at the May 21, 2012 Regular Meeting. Attachments: ALEA Resolution Duwamish Gardens page 64, draft 2013 CIP WAPW Eng \PROJECTSW- DR Projects \Duwamish Gardens 06 -DR02 90630102) \Grants \Construction\ALEA \Info Memo RCO Grant Resolution.doc 141 142 y of Tul<:wila Washington WHEREAS, under the provisions of the Aquatic Lands Enhancement Account (ALFA), state grant assistance is requested to aid in financing the cost of the Duwamish Gardens Estuarine Construction Restoration project; and WHEREAS, the City of Tukwila considers it in the best public interest to complete the project described in the grant funding assistance application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Public Works Director is authorized to make formal application to the Recreation and Conservation Office for grant funding assistance. 2. Any grant funding assistance received will be used for direct costs associated with implementation of the Duwamish Gardens Estuarine Construction Restoration project. 3. The City of Tukwila hereby certifies that its matching share of project funding will be derived from the City's Parks and Recreation 301 Fund and that the City is responsible for supporting all non-cash commitments to this project should that funding not materialize. 4. The City of Tukwila acknowledges that the grant funding assistance, if approved, will be paid on a reimbursement basis, meaning the City will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to its vendors, and that the Recreation and Conservation Office will hold retainage until the project is deemed complete. VV:\Word Processing-City\Resolutions\ALEA application Duwamish Gardens Estuarine proji 4-27-12 RL:bjs Page 1 of 2 143 5. The City of Tukwila acknowledges that any property restored through grant funding assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. 6. The City of Tukwila acknowledges that any property restored with grant funding assistance from the Recreation and Conservation Funding Board must be dedicated for public purposes and be retained and maintained for perpetuity unless otherwise provided and agreed to by our organization and the Recreation and Conservation Funding Board. 7. This resolution shall become part of a formal application to the Recreation and Conservation Office for grant funding assistance; and 8. The City of Tukwila provided appropriate opportunity for public comment on this application. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Verna Seal, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing- City \Resolutions\ALEA application- Duwamish Gardens Estuarine proj 4 -27 -12 144 RL:bjs Page 2 of 2 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Duwamish Gardens Project No. 90630102 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. This project is included in the WRIA 9 Salmon Recovery Plans efforts to acquire and restore 20 -acres JUSTIFICATION: within the Duwamish estuary. Property acquired in late 2008. Design phase began in 2012. Construction scheduled for 2015, grant STATUS: dependent. MAINT. IMPACT: Expected to decrease maintenance. Design funding from State Salmon Recovery Board (SRFB), and King Conservation District (KCD). Acquisition COMMENT: grants included SRFB, WRIA 9 King Conservation District, KC Conservation Futures, WA State Aquatic Lands and WA State Earmark. FINANCIAL Through Estimated (in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Design 30 250 80 360 Land (R/W) 2,116 2,116 Const. Mgmt. 10 300 310 Construction 7 70 2,500 2,577 TOTAL EXPENSES 2,153 330 80 0 2,800 0 0 0 0 5,363 FUND SOURCES Awarded Grant 2,058 330 2,388 Proposed Grant 2,700 2,700 Mitigation Actual 0 Mitigation Expected 0 REET 1 (1st Qtr Percent) 95 0 80 0 100 0 0 0 0 275 TOTAL SOURCES 2,153 330 80 0 2,800 0 0 0 0 5,363 Project Location 2013 2018 Capital Improvement Program 64 145 MI City of Tukwila Transportation Committee TRANSPORTATION COMMITTEE Meeting Minutes May 7, 2012 5:15 p.m. —Conference Room #1 PRESENT Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De'Sean Quinn Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Ryan Larson, Cyndy Knighton, Jack Pace, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution: Grant Applications for Duwamish Gardens Staff is seeking Council approval of a resolution that authorizes submission of a grant application to the Aquatic Lands Enhancement Account (ALEA) project within the Washington State Recreation and Conservation Office for construction of the Duwamish Gardens project. This is a biennial grant, which can be applied for every two years. Staff will request the maximum grant funding of $500,000 for project construction. Construction is estimated at $2.8 million. A City match is required; however, other grant sources can be used as matching grants if necessary. The packet includes the draft 2013 -2018 CIP, page 64. Application to this particular grant requires a resolution requiring grant submission. UNANIMOUS APPROVAL. FORWARD TO MAY 7 CONSENT AGENDA. Staff also briefly requested Committee authority to apply for other grants applicable to this project from the Salmon Recovery Funding Board and King Conservation District. Grant specifics, amounts and due dates for these are unknown at this time. COMMITTEE APPROVAL TO APPLY FOR APPROPRIATE GRANTS. B. Ordinance: Tukwila Transit Center Easements and Rieht- of -Wav Acquisition Staff is seeking Council approval to acquire property /condemnation authority as required for right -of -way and easements needed for the Tukwila Transit Center Project and the Andover Park West Widening Project as follows: One right -of -way dedication Seven temporary construction easements One permanent easement It is standard for City staff to request condemnation authority at the beginning of a property acquisition process for public projects. Although it is highly unlikely that any parcel of land within this area will require condemnation, establishing the ordinance prepares the City for condemnation proceedings, if required. Council originally approved Ordinance No. 2364 regarding easement and right -of -way (ROW) acquisition for the Transit Center project on December 5, 2011. Since that time, the need for additional easements has been identified. Additionally, staff has determined, due to project proximity and timing, it is more cost effective and efficient to include the approval to acquire property/condemnation authority for the Andover Park West Widening Project at the same time. Therefore, there are two ordinances, one for the Tukwila Transit Center Project and the other for the Andover Park West Widening Project. 147 W COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 05/14/12 CL 05/21/12 CL Initials ITEMNO. Mayors review Council review 6.A. ITEM INFORMATION STAFF SPONSOR: CAROL LU M B I ORIGINAL AGENDA DATE: 5/14/12 AGENDA ITEM TITLE Establish a Tukwila Tree and Environment Advisory Committee CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mt g Date 5/14112 Mtg Date Mtg Date 5121112 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S The attached resolution would create a Tukwila Tree and Environment Advisory Committee SUMMARY to provide guidance on updating the natural environment goals and policies from the City's Comprehensive Plan and to provide input on new goals and policies related to management of the City's urban forest. The Committee would meet monthly, beginning in August, 2012, and conclude its work after 6 -8 meetings. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 4/23/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: MTG. DATE j RECORD OF COUNCIL ACTION 5/14/12 1 Forward to next Regular Meeting MTG. DATE 5/14/12 5/21/12 ATTACHMENTS Informational Memorandum dated 4/10/12 Draft Resolution Minutes from the Community Affairs and Parks Committee meeting of 4/23/12 Resolution in final form 149 150 Ci of T.u.kwl Washington WHEREAS, the City of Tukwila adopted its Comprehensive Land Use Plan and Map based on consideration of existing conditions and long -term community goals in 1995; and WHEREAS, RCW 36.70A.130 requires the City of Tukwila to review and, if needed, revise its Comprehensive Plan and development regulations on or before June 30, 2015; and WHEREAS, new State legislation encourages jurisdictions to consider urban forest management when reviewing land use policies and regulations; and WHEREAS, the natural environment in Tukwila, which includes streams, wetlands, steep slopes, coal mine hazard areas, trees and tree canopy, is important for its habitat benefits as well as the aesthetics, quality of life and green infrastructure services (stormwater volume and water quality, air quality, energy conservation) it provides for the City; and WHEREAS, it is important to sensibly preserve and enhance the City's natural environment to promote recreational opportunities and exposure to nature in the City and provide visual relief from the hard, constructed surfaces of urban development; and WHEREAS, engaging a wide range of input from citizens, businesses, and professional and environmental organizations is important to ensure all viewpoints are considered in the updating of the Comprehensive Plan and for incorporation of new goals, objectives and policies to address the natural environment and management of trees; W: \Word Processing- City \Resolutions \Tukwila Tree and Environment Advisory Cmte 4 -24 -12 CL:bjs Page 1 of 3 151 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Tukwila Tree and Environment Advisory Committee. A Tukwila Tree and Environment Advisory Committee, hereinafter referred to as the "Committee," is formed to advise on the development of new goals, objectives and policies related to the urban forest and on the revision of existing goals, objectives and policies in the Tukwila Comprehensive Plan that relate to the natural environment. Section 2. Committee's Responsibilities. The Committee shall be advisory on substantive issues related to the Comprehensive Plan goals, objectives, policies, and implementation mechanisms related to the natural environment and the community forest. Such issues include, but are not limited to, clearing and grading in sensitive areas; protecting wetlands, streams, and geologically hazardous areas; recognizing the value of trees in urban settings; landscaping in commercial and industrial areas; street tree programs; protection and increase of tree canopy; and management of forests in parks and other public lands. Section 3. Committee Makeup. A. The Committee shall be comprised of one Councilmember, one Planning Commission member, one Parks Commission member, one or two residential property owners, one or two business owners, one representative of an environmental group /garden club such as the Backyard Wildlife organization, and one arborist or landscape professional. B. Committee members shall be appointed by the Mayor, who shall appoint replacements as necessary. C. All Committee members shall have equal standing on the Committee. The Committee shall serve as an advisory body. General consensus should be obtained by the Committee on matters related to the goals and policies. D. A quorum of the Committee shall not be required. Section 4. Chair. The Councilmember appointed to the Committee shall serve as the Chair. The Chair shall strive to be neutral and be responsible for presiding over all meetings, directing the process and helping the Committee arrive at consensus. Section 5. Committee Staffing. A. The Department of Community Development, hereinafter referred to as "DCD," shall be responsible for staffing all Committee meetings. Other City departments or outside experts may be called to provide information to the Committee. DCD shall prepare issue papers and provide background information, as necessary, to be presented to the Committee. W: \Word Processing- City \Resolutions \Tukwila Tree and Environment Advisory Cmte 4 -24 -12 152 CL:bjs Page 2 of 3 B. DCD shall provide changes to the pertinent sections of the Comprehensive Plan in strike out /underline format for review and approval by the Committee. C. The Committee shall provide policy guidance for revisions to the tree ordinance, landscape code, street tree policies, forest management in parks and other public lands, and tree management in general. D. DCD shall have the sole responsibility of drafting the regulations to implement the policies and goals recommended by the Committee for updating the tree ordinance and landscape code after consulting and discussing pertinent issues with the Committee. Changes in street tree policies shall be the joint responsibility of DCD, Fire Department and Public Works, taking into account input from the Committee. Changes in policies for trees /urban forest in parks shall be the joint responsibility of DCD and the Department of Parks Recreation. Section 6. Record. In order to ensure that a proper record is kept, staff shall compose written minutes of all meetings of the Committee. All documents and items that go before the Committee shall be part of the legislative record. Section 7. Meetings. The Committee shall meet approximately once a month beginning in August of 2012 with a goal of meeting 6 to 8 times, with the first meeting being devoted to orientation, organization and administrative functions of the Committee. The Committee shall determine a regular meeting day, time and place. All Committee meetings shall be open to the public. The Committee and DCD shall attempt to reach out to groups that may have an interest in natural environment and tree issues and invite them to observe and provide input on these issues. Section 8. Schedule. The Committee shall conclude its recommendations by the second quarter of 2013 or sooner. The committee may be asked to meet further only on an as- needed basis. The Committee shall have an opportunity to discuss their recommendations at a joint meeting of the City Council and the Planning Commission. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Verna Seal, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing- City \Resolutions \Tukwila Tree and Environment Advisory Cmte 4 -24 -12 CL:bjs Page 3 of 3 153 154 COUNCIL AGENDA SYNOPSIS AGENDA ITEM TITLE Initials ITEM NO. Meeting Date I Prepared by Mayor's review Council review 05/14/12 BJM R 05/21/12 BJM 6. B. ITEM INFORMATION STAFF SPONSOR: BRANDON J. MILES ORIGINAL AGENDA DATE: 5/14/12 2012 AMENDMENTS TO THE CITY'S SIGN CODE CATEGORY ®Discussion E] Motion ®Resolution ®Ordinance ❑Bid Award Public Hearin g ❑Other Mtg Date 5114112 Mtg Date Mtg Date 5/21/12 Mtg Date 5/21/12 Mtg Date Mtg Date 5114112 Mtg Date SPONSOR Council Mayor HR DCD .Finance Fire IT P&R Police PW SPONSOR'S Minor amendments to Title 19 of the Tukwila Municipal Code to allow signage for fuel SUMMARY canopies, expand billboard receiving areas in the city, provide a sign area increase for LEED certified buildings, expand the location for the display of light pole banners and other minor updates. Also, updating the City's fee resolution to reduce the fee for sign permits submitted electronically. Informational memorandum was updated following April 23, 2012 Community Affairs and Parks Committee Meeting. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/26/12&4/23/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A MTG. DATE 05/14/12 I MTG. DATE 5/14/12 5/21/12 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 4/11/12, REVISED 5/1/12 Draft Ordinance Draft fee Resolution Informational Memorandum dated 3/19/12 Minutes from the Community Affairs and Parks Meeting of 3/26/12 Minutes from the Community Affairs and Parks Meeting of 4/23/12 Section of Ordinance removed by Community Affairs and Parks on 4/23/12 Ordinance and Resolution in final form 155 W1 1 11 city Of Tukwi 3O 1 1 a r% Washington Ordinance lei®. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, TO RESPOND TO THE NEEDS OF BUSINESSES AND TO ADDRESS THE CHANGING URBAN LANDSCAPE OF THE CITY; AMENDING ORDINANCE NO. 2303; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way- finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non motorized forms of transportation; and WHEREAS, on August 16, 2010, the Tukwila City Council adopted a new, comprehensive Sign Code for the City of Tukwila, which is codified in Title 19 of the Tukwila Municipal Code, and WHEREAS, the Tukwila City Council desires to regularly update the City's regulations regarding signage in order to respond to the needs of Tukwila businesses and to address the ongoing changing urban landscape of the City; and WHEREAS, on April 2, 2012, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt revisions to the Sign Code; and WHEREAS, on May 8, 2012, the Director of Community Development determined that the proposed amendments to Title 19 do not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and WHEREAS, on May 14, 2012, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code, W: \Word Processing \Ordinances \Sign Code update 5 -16 -12 BM:bjs Page 1 of 12 157 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS; Section 1. Definition of "Billboard Receiving Areas" Amended. Ordinance No. 2303 §2 (part), as codified in Tukwila Municipal Code (TMC) Chapter 19.08, "Definitions," is hereby amended to read as follows: Billboard Receiving Areas are those areas of the City along South 180th Street zoned as Commercial /Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial; all properties located along Boeing Access Road; those properties along East Marginal Way, north of Boeing Access Road; and all properties located along Airport Way, north of Boeing Access Road, for which permits for new billboards may be issued if the criteria of this title are satisfied. Attachments A and B, codified in Title 19 as Figures 19 -1 and 19 -2, are hereby amended. These maps show the billboard receiving areas listed with this definition and are for illustrative purposes only. Section 2. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.08, "Definitions," to read as follows: GBC1 means the Green Building Certification Institute or successor entity. Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.08, "Definitions," to read as follows: Fuel Canopy is a structure designed to provide weather protection to motorists in order for them to fill vehicles with gasoline, diesel, compressed natural gas, propane, electricity or other similar compounds that allow for the powering of vehicles. The following components must be in place beneath the structure in order for this definition to apply to a structure: 1) There must be at least two fuel dispensing devices; and 2) Customers must have the ability to pay electronically. Section 4. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.08, "Definitions," to read as follows: LEED means the Leadership in Energy and Environmental Design or successor program, as administered by the United States Green Building Council or successor agency. Section 5. TMC Section 19.12.030, "Exceptions Sign Permits Not Required," Amended. Ordinance No. 2303 §3 (part), as codified at TMC Section 19.12.030, is hereby amended to read as follows: The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. WAWord Processing \Ordinances \Sign Code update 5 -16 -12 158 Wbis Page 2 of 12 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacing, panel change or copy change on existing conforming, monument signs that have valid Tukwila sign permits as permitted by TMC Sections 19.20.030 (13)(7), 19.20.040 (6), or 19.32.075. 3. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non commercial speech. 4. Temporary window signs, subject to the limitations of TMC Section 19.24.080. 5. Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right -of -way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 6. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 7. Political campaign signs, subject to the limitations of TMC Section 19.24.090. 8. Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 9. Land use notice boards per TMC Section 18.104.110. 10. Text or graphics on umbrellas located in outdoor seating or plaza areas. 11. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 12. The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building- mounted plaque; and W: \Word Processing\Ordinances\Sign Code update 5 -16 -12 BM:bjs Page 3 of 12 159 b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 13. Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. Section 6. TMC Section 19.20.030, "Permanent Signs in Residential Zones," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.030, subparagraph B., is hereby amended to read as follows: B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to be 35 square feet per face and a total of 70 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (D). The lighting shall have no spillover impact on adjacent properties. 7. A monument sign permitted under this section is permitted to complete refaces, panel changes and copy changes without the need to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required under this section. W:\Word Processing \Ordinances \Sign Code update 5 -16 -12 160 BM:bjs Page 4 of 12 C. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. d. Within 30 days of completion of the copy change or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Change Form with a photo of the revised sign face. Section 7. TMC Section 19.20.040, "Permanent Free Standing Signage in Commercial /Industrial Zones," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.040, is hereby amended to read as follows: Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free standing monument -style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi- public streets, per Table 1 below. Table 1 Design Standards for Permanent Monument Signs in Commercial and Industrial Zones Total ROW of Premise Allowable Sign Total Allowable Maximum Number of Message Area Sign Size Height Signs Less than 36 square feet per 54 square feet per 400 feet side /72 square side /108 square 6 feet One feet total feet total 400 -599 50 square feet per 70 square feet feet side /100 square per side /140 7 feet One feet total square feet total 600 -799 60 square feet per 80 square feet feet side /120 square per side /160 7 feet One feet total square feet total 800 -999 66 square feet per 88 square feet feet side /132 square per side /176 8 feet Two feet total square feet total 1,000 feet 72 square feet per 96 square feet One for every and over side /144 square per side /192 8 feet 400 feet of linear feet total square feet total street frontage. a. Allowable sign message area is either the face panel of the sign or, for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. W: \Word Processing\Ordinances \Sign Code update 5 -16 -12 BM:bjs Page 5 of 12 161 c. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to have a sign message area increase and total size area increase of one percent. 2. Special Corner Properties or Properties with Multiple Street Frontages. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property; and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. 3. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 4. Maximum Width. The maximum permitted width of a monument sign is 15 feet. 5. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic .numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 6. A monument sign permitted under this section is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC Section 19.20.040 (6)(a). c. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. W: \Word Process ing \Ordinances \Sign Code update 5 -16 -12 162 SM:bjs Page 6 of 12 d. Within 30 days of completion of the copy change or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Change Form with a photo of the revised sign face. Section 6. TiMC Section 19.20.050, "Permanent Building Mounted Signs in Commercial /Industrial Zones," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.050, subparagraph A., is hereby amended to read as follows: A. Flush Mounted Buildings Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush- mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Permitted Sign Area Face (EBF) in Square Feet 0 -500 EBF x.05 or 20 square feet 501 -1,500 (EBF -500) x.04 25 square feet J 1,501 -3,000 J (EBF 1,500) x.03 65 square feet J 3,001 -5,000 (EBF- 3,000) x.02 110 square feet Over 5,000 150 square feet maximum size permitted (1) Any flush- mounted (wall) sign affixed to a building certified as LEED by the GBC1 shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopy, as defined in this title, is permitted to install one flush- mounted building sign (wall sign) on each separate elevation of the fuel canopy structure. The area of the sign shall not exceed five square feet; illumination of the sign is permitted. Section 9. TMC Section 19.20.060, "Pole Banners," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.060, is hereby amended to read as follows: A. Pole banners are permitted in the Tukwila Urban Center zone and on properties that contain a Public Recreation Overlay as defined by Title 18 of the Tukwila Municipal Code. W: \Word Processing \Ordinances\Sign Code update 5 -16 -12 BM: bjs Page 7 of 12 163 B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is 10 square feet, with a limit of 2 banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. Section 10. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.32, "Master Sign Program," to read as follows: 19.32.075 Copy and Refaces of Monument and Grand Monument Signs Approved under this Chapter A monument sign or grand monument sign permitted under this section is permitted to complete refaces and copy changes without having to obtain a new permit, provided ALL of the following criteria are met: 1. The monument sign or grand monument sign was authorized by the City under a permit issued on or after August 24, 2010. 2. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC Section 19.32.075 (1). 3. The reface or copy change does not include any structural changes to the sign that result in a change of sign or message area, modification in sign height, inclusion of a dynamic sign component, or change in the monument or grand monument sign's location. 4. Within 30 days of completion of the copy change or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Change Form with a photo of the revised sign face. Section 11. TMC Chapter Adopted. TMC Chapter 19.37, "Non- Conforming Signs in Annexation Areas," is hereby established to read as follows: CHAPTER 19.37 Non Conforming Signs in Annexation Areas Sections: 19.37.010 Purpose 19.37.020 Definition and Removal of Legally Non Conforming Permanent Signs 19.37.030 Non Conforming Sign Permits W: \Word Processing \Ordinances \Sign Code update 5 -16 -12 164 BM:bjs Page 8 of 12 19.37.040 Non Conforming Temporary Signs 19.37.050 Additional Signage Prohibited 19.37.010 Purpose The purpose of this chapter is to establish limits on the use of and requirements for the removal of non conforming signs within areas of the City that were annexed after May 1, 2012. Subject to the remaining restrictions of this chapter, non conforming signs that were otherwise lawful on the effective date of the annexation may remain subject to the limitations under this chapter.. The provisions of this chapter do not apply to billboards within annexation areas. 19.37.020 Definition and Removal of Legally Non- Conforming Permanent Signs A. All permanent signs within annexation areas are considered legally non- conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non conforming rights are not granted to temporary signs or signs that were in violation of King County ordinances or regulations of the State of Washington. The burden of establishing that a sign is non conforming lies solely with the individual asserting the claim that a sign is non conforming. B. Any monument sign installed within an annexation area that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs in Annexation Areas. Signs that were installed within the annexation area prior to the effective date of the City's annexation and became non conforming upon annexation in the City, may be issued a non- conforming sign permit that will allow the signs to remain for 10 years from the effective date of the annexation. This 10 -year period shall be known as the "annexation grace period." D. Sign Modifications During the Annexation Grace Period. During the annexation grace period, signs with non conforming sign permits may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Annexation Grace Period. After the annexation grace period, the sign is permitted to remain as -is indefinitely. However, relocation, re- erection, alteration, replacement or change in any way to a legal, non conforming sign, including the structure or sign panel /face /copy, will require the sign be brought into compliance with the sign code in effect at the time of submittal of a complete sign permit application. W:\Word Processing \Ordinances \Sign Code update 5 -16 -12 BM:bjs Page 9 of 12 165 19.37.030 Non- Conforming Sign Permits A. Non- Conforming Sign Inventory. The Director shall, as soon as practicable after the effective date of the annexation, survey the annexation area for signs that do not conform to the requirements of Title 19. Upon determination that a sign is non- conforming or illegal, the Director shall use reasonable efforts to notify the sign owner, in writing and, where practicable, the owner of the property on which the sign is located. Notification shall include: Whether the sign is non conforming or illegal. 2. Whether the sign may be eligible for a non conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. The failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non Conforming Sign Permits. 1. Eligibility. A non conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non conforming sign permit is required for all eligible non conforming signs within the annexation areas. The sign owner shall obtain the permit within 180 days of notification by the City. Sign permits shall be obtained for any panel or copy change allowed during the annexation grace period. There is no permit fee for the issuance of the non conforming sign permit. 3. Applications. Applications for a non conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Failure to Respond. It is the sign owner and /or property owner's responsibility to return the non conforming sign permit to the City within the 180 days of notice as outlined in this section. Failure to respond will constitute a waiver of any grace period provided to the sign under this chapter and modifications to the sign will be controlled by TMC Section 19.36.030. 5. Permit Issuance. Any person submitting an application conforming sign permit shall use the forms provided by the Department. shall issue non conforming sign permits upon a determination of eligibility. may require the filing of plans or other pertinent information where such necessary to determine compliance with this chapter. Appeals sha accordance with TMC Section 19.12.120. W: \Word Processing \Ordinances \Sign Code update 5 -16 -12 BM:bjs for a non The Director The Director information is II be filed in Page 10 of 12 i•- C. Loss of Legal Non conforming Status. Non conforming signs shall be brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When an application is submitted to the City for a project that is subject to design review, any non conforming building mounted signs on the premise affected by the construction and all non conforming free standing signs lose their non conforming status. 2. When any panel or copy changes are proposed after the expiration of the annexation grace period. 3. When the sign meets the definition of abandoned. 4. Damage of 25 percent or more in the value of either the non conforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a sign shall be permitted without loss of non conforming status if the cost of all maintenance and repair over a two -year period is less than 25 percent of the cost of replacing the sign. 19.37.040 Non Conforming Temporary Signs A. Non conforming temporary signs in annexation areas must be removed within 120 days of the effective date of the annexation. B. Commercial real estate signs in existence in the annexation area prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.37.050 Additional Signage Prohibited No additional permanent building mounted signage is permitted on a tenant space that contains a non conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non conforming freestanding sign. Section 12. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to the ordinance, including correction of clerical errors; references to other local, state or federal laws, codes rules, or regulations; or ordinance numbering and section /subsection numbering. Section 13. 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. W: \Word Processing \Ordinances \Sign Code update 5 -16 -12 BM:bjs Page 11 of 12 167 Section 14. 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 1 2012. ATTEST /AUTH ENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: A Map of Billboard Receiving Area (West Valley Hwy.) B Map of Billboard Receiving Area (Boeing Access Road and East Marginal Way South) W: \Word Processing\Ordinances \Sign Code update 5 -16 -12 168 BM: bjs Page 12 of 12 For Illustrative Purposes Only nm► H ■INEl. 11 uull�._ 11 ■11111111■ 11 Illlllllitlll: �ill�l ■1�1111�3 ■III 111111111 X11111 IIII�IG ■1 Ali ■1� Ilk C OO ao- CD ut N 1EC '110 t �t For Illustrative Purposes Only TukA 'A L 0 all I I I Todd 1, i ,I N v �i win 0 CD Attachment B rJ ,�,Na� MP r %390 f a i Zr 3 80 St 1 I U Ci'-ty n Tukwila Washington t WHEREAS, on August 16, 2010, the City Council of the City of Tukwila adopted Resolution No. 1722, which established a new fee schedule for land use, environmental, and sign permit applications; and WHEREAS, the City Council desires to encourage applicants to submit plans electronically in order to facilitate the efficient review of sign permits; and WHEREAS, the City Council wishes to update the fee schedule periodically to respond to changing business conditions; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Resolution No. 1722 is hereby amended as follows to include the following sign permit application fees: Plus any review W:\Word Processing \Resolutions \Land Use Fee Schedule amended 5 -16 -12 BM:bjs Page 1 of 4 171 2012 Feel hours over Permit Type Retainer retainer (2) Appeal Zoning, Sign, SEPA, Subdivision Code (P- Appeal) $541 hours over 5 Binding Site Improvement Plan (TMC Chapter 17.16) (P -BSIP) $3,497 Boundary Line Adjustment (P- BLA/LC) $1,536 Zoning Code and Sign Code Interpretation (TMC Sections 18.96.020 and 19.12.160) $319 Comprehensive Plan Amendment (TMC Chapter 18.80) (P -CPA) $4,153 hours over 40 Conditional Use Permit (P -CUP), Shoreline CUP lil $3,554 Design Review (TMC Section 18.60.030) (P -DR) Administrative $2,048 Public Hearing $3,670 Major Modification $1,255 Minor Modification $570 W:\Word Processing \Resolutions \Land Use Fee Schedule amended 5 -16 -12 BM:bjs Page 1 of 4 171 Permit Type Lot Consolidation (P- BLA/LC) Noise Variance (TMC Chapter 8.22) Type I Type 11 Type III Planned Residential Development Administrative (TMC Section 18.46. 110) (P -APRD) Public Hearing (TMC Section 18.46. 110) (P -PRD) Minor Modification (TMC Section 18.46.130) Major Modification (TMC Section 18.46.130) Rezone Map Change (TMC Chapter 18.84) (P -R) Reasonable Use Exception to SAO (TMC Section 18.45.180) Sensitive Area Master Plan Overlay (TMC Section 18.45.160) (P -SAMP) SEPA Environmental Review (TMC Title 21) (P -SEPA) SEPA Planned Action (P -PACT) SEPA Checklist SEPA EIS Fee SEPA Addendum Shoreline Environment Re- designation (P -Shore D) Shoreline Permit Exemption (TMC Chapter 18.44) Shoreline Substantial Development Permit (TMC Chapter 18.44) (P- Shore) Project Value $5,000 10,000 $10,001 50,000 $50,001 500,000 More than $500,000 Signs (TMC Title 19) Temporary Sign Permit (P -T sign) (TMC Section 19.24.040) Special Event Signage (TMC Section 19.24.060) Permanent Sign Permit (P -P sign) (TMC Chapter 19.20) Master Sign Program (Administration) Master Sign Program (BAR) Pole Sign Banners Initial Application (TMC Section 19.20.060) Pole Sign Banner Annual Renewal (TMC Section 19.20.060) Opt Out, Tukwila Urban Center (TMC Section 19.22.050) Non- Conforming Sign Permit (TMC Section 19.36.040) New Billboard (TMC 19.38.040) or refurbished Billboard (TMC Section 19.38.050) Special Permission (P -SP) Cargo Container (TMC Section 18.50.060) Landscape Perimeter Averaging (TMC Section 18.52.020) Parking Standard for Use Not Specified (TMC Section 18.56. 100) Parking Variance, Modification or Waiver (TMC Sections 18.56.130 and 18.56.140) 1 Plus any review 2012 Feel hours over Retainer retainer $570 $444 $599 $1,332 $1,990 $5,119 hours over 50 $541 $2,221 $3,670 hours over 35 $3,071 hours over 30 $5,119 hours over 50 $541 $1,565 $3,187 hours over 30 $541 $3,670 hours over 30 $222 $1,082 1 1 $2,531 hours over 25 $4,037 hours over 40 $5,119 hours over 50 $97 $97 $222( $1,990 $3,187 $97 $50 $222 $0 $541 $541 $541 $541 hours over 5 $888 hours over 8 W: \Word Processing \Resolutions \Land Use Fee Schedule amended 5 -16 -12 172 BM:bjs Page 2 of 4 All Hearing Examiner costs will be passed through to the applicant. (2) The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. (3) The fee for a Permanent Sign Permit (TMC Chapter 19.20) shall be reduced by $50 for a sign permit application submitted utilizing the City's electronic plan submittal process. Fee Type Annexation (P- Annex) Development Agreement (P -DA) Legal Lot Verification Mailing Label Fee for City to generate labels Pre Application Meeting (PREAPP) Public Notice Mailing Fee Zoning Verification Letter Plus any review Plus any review hours over 2012 Feel hours over Permit Type Retainer retainer (2) Parking Lot Re- striping I $541 Residential Parking Reduction (TMC Section 18.56.065) $541 $444 Shared, Covenant and Complementary Parking Reduction $1 per address, per mailing (TMC Section 18.56.070) $541 hours over 5 Sensitive Area Deviation, Buffer Reduction (TMC Chapter 18.45) I $1,507 hours over 15 Single Family Design Standard Exception (TMC Section 18.50.055) $541 TSO Special Permission Use (TMC Section 18.41.060) I $888 Short Plat (TMC Chapter 17.12) (P -SS) 2 -4 Lots I $3,497 5 -9 Lots $3,980 Subdivision Preliminary Approval (TMC Chapter 17.14) (P -SUBP) $5,119 hours over 50 Subdivision Final Approval (P -SUBF) $3,187 hours over 30 Tree Clearing Permit and Exception (TMC Chapter 18.54) (P -Tree) $53 hours over 2 Unclassified Use Permit (TMC Chapter 18.66) (P -UU) $5,119 hours over 50 Variance Zoning, Sign, Shoreline (P -VAR) $2,588 Wireless Communication Facility (TMC Chapter 18.58) (P -Wire) Minor $541 Administrative I $1,536 Major or Height Waiver I $3,071 Zoning Code Text Amendment (TMC Chapter 18.80) (P -Code) $4,153 All Hearing Examiner costs will be passed through to the applicant. (2) The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. (3) The fee for a Permanent Sign Permit (TMC Chapter 19.20) shall be reduced by $50 for a sign permit application submitted utilizing the City's electronic plan submittal process. Fee Type Annexation (P- Annex) Development Agreement (P -DA) Legal Lot Verification Mailing Label Fee for City to generate labels Pre Application Meeting (PREAPP) Public Notice Mailing Fee Zoning Verification Letter The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. W: \Word Processing \Resolutions \Land Use Fee Schedule amended 5 -16 -12 BM:bjs Page 3 of 4 173 Plus any review 2012 Feel hours over Retainer retainer $5,408 $1,990 hours over 20 $512 $420 $444 $1 per address, per mailing $319 1 The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. W: \Word Processing \Resolutions \Land Use Fee Schedule amended 5 -16 -12 BM:bjs Page 3 of 4 173 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Verna Seal, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W: \Word Processing \Resolutions \Land Use Fee Schedule amended 5 -16 -12 174 BM:bjs Page 4 of 4 COUNCIL AGENDA SYNOPSIS AGENDA ITEM TITLE Initials Meetinq Date Prepared by Mayors review 05/14/12 MV 05/21/12 MV ITEM INFORMATION STAFF SPONSOR: CHIEF VILLA Neighborhood Resource Center Council review ITEMNO. 6.C. ORIGINAL AGENDA DATE: 5/14/21 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing E] Other Mtg Date 05114112 Mtg Date 05/21/12 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council [:]Mayor HR DCD Finance Fire IT P&'R Police PW SPONSOR'S The Police Department would like to re -open a Neighborhood Resource Center on Tukwila SUMMARY International Boulevard (TIB) to increase police visibility and effectiveness along the TIB corridor. The Council is asked to approve 1) the lease agreement for the building located at 14862 Tukwila International Boulevard and 2) the use of seizure funds to cover one -time costs of approximately $74,071 in tenant improvements and installation of camera monitoring infrastructure and equipment. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 5/8/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $158,281 $0 $158,281 Fund Source: SEIZURE ACCOUNT AND GENERAL BUDGET Comments: $74,071 from seizure account, PD budget to cover monthly expenses MTG. DATE 05/14/12 05/21/12 MTG. DATE 05/14/12 05/21/12 RECORD OF COUNCIL ACTION Forward to next Regular Meeting ATTACHMENTS Informational Memorandum dated 4/20/12 Draft Lease Agreement between the City and Mike West Budget Projection Summary Diagram of Monitoring System Minutes from the Finance and Safety Committee meeting of 5/08/12 No attachments 175 176 COUNCIL AGENDA SYNOPSIS Initials ITEM NO. Meeting Date Prepared by Mayor's review Council review 05/14/12 KG 05/21/12 KG 6.D. ITEM INFORMATION STAFF SPONSOR: STEPHANIE BROWN ORIGINAL AGENDA DATE: 5/14/21 AGENDA ITEM TITLE A resolution establishing the 2012 Non Represented Wage Benefit Schedule CATEGORY Dismssion Motion Resolution Ordinance Bid Award Public Hearing Other Mt g Date 05/14/12 Mtg Date Mtg Date 05/21/12 Mt Date Mtg Date Mtg Date Mt g Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S Recommendation from the Finance Safety Committee regarding setting the Non SUMMARY Represented Employees' Wage Benefit Schedule for 2012. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 4/17/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office /Human Resources Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDPTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 05/14/12 MTG. DATE 05/14/12 05/21/12 RECORD OF COUNCIL ACTION Forward to next Regular Meeting with amendment ATTACHMENTS Informational Memorandum dated 05/09/12 Draft Resolution with Attachments Exhibit 1: Justification for bands D -61 and F -102 Exhibit 2: 2012 Wage Schedule Alternative to Attachment A, Page 3 Minutes from the Finance Safety Committee Meeting of 04/17/12 Resolution in final form with amendment in strike -thru underline format 177 178 City of TUl�vvila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND CLARIFYING THE NON REPRESENTED EMPLOYEES' COMPENSATION AND ADOPTING THE NON REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2012. WHEREAS, the Tukwila City Council has conducted a review of the non represented employees' compensation system that was originally implemented in January 1998; and WHEREAS, the City Council recognizes that current economic conditions and forecasts are a consideration in actions that deal with the compensation of employees; and WHEREAS, the City Council has made a determination to review the non represented compensation for even numbered years and provide cost -of- living allowances (COLAs) in odd numbered years; and WHEREAS, a compensation study has been conducted and the recommended non represented wage schedule and benefit information has been prepared for implementation on January 1, 2012; and WHEREAS, recent economic conditions have caused the City to make budget cuts and, in recognition of requested and received concessions in the preceding budget to the City's normal non represented salary plan process, the City Council has determined to implement a one -time process for 2012 that includes a 3.33% COLA for all non represented employee ranges A11 -F102, and a one -time adjustment to equalize ranges with the average wage of comparable jurisdictions' positions for bands A11 —C42 and D62 —E91. This one -time adjustment to achieve equalization shall not exceed 3% per band, irrespective of the comparable average; and W: \Word Processing \Resolutions \Non Represented Employees Compensation- 2012 -rvsd 5 -16 -12 strike -thru SB:bjs Page 1 of 3 179 WHEREAS, these increases have been made based on the understanding that, by the end of 2012, City Administration will evaluate reclassification of the positions for which the market study demonstrated they fell 5% outside of the band compensation; and WHEREAS, the City Council requests that City Administration conduct a thorough review of employee compensation and benefit methods used by other employers and present a recommendation to the Council regarding whether the current compensation methodology should be changed and the reasons for the recommendation by the end of 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Non Represented Employees Wage Plan. The following statements have been used for the purpose of adopting the non represented employees' wages for 2012. A. The following basic plan elements remain the same: 1. Decision Band Methodology (DBM) for creating classifications. 2. Market analysis using comparable jurisdictions' top -step wages. 3. Data was gathered through use of the "Association of Washington Cities (AWC) Salary and Benefits Survey a publication that garners wide participation of our comparables. 4. Regression line analysis to establish the Control Point for each DBM rating. (Regression Line Analysis provided by Fox Lawson Associates, LLC, based on Human Resources Department acquired market data). 5. Steps below the Control Point (Wage Schedule Top Step) are automatic as individuals move through the system. 6. Ranges for all bands (A11 -F102) of the Decision Band Methodology have been established based on the City Council's recommendation for creating the 2012 wage schedule. 7. Positions within Decision Bands A11 -C42 and D62 -E91 will receive a 3% wage adjustment effective January 1, 2012. Positions within Decision Band C41 will receive a 2% wage adjustment effective January 1, 2012. 8. A COLA increase will be given to positions within Decision Bands A11— F102. The COLA increase shall be based on 90% of the Seattle- Tacoma Bremerton Consumer Price Index (CPI -W) Average (June 2010 to June 2011). B. The Decision Band method of job evaluation will be used to establish classifications and the relative internal value and relationship of non represented positions within the City of Tukwila for 2012. The City Council will evaluate City W: \Word Processing \Resolutions \Non Represented Employees Compensation- 2012 -rvsd 5 -16 -12 strike -thru sB:bjs Page 2 of 3 :i Administration's recommendations regarding continued use of the Decision Band Method in 2013. C. Merit will continue to be eliminated from the plan at this time and may be reconsidered as a plan element in subsequent years. D. Step increases from the minimum to the control point for all positions shall be given annually on the employee's performance review date. There will be no step increases for employees at or above the control point. Section 2. Non represented salary schedule, employee benefits summary and longevity pay plan. A. The "Non- Represented Salary Schedule 2012," Attachment A hereto, shall be approved, effective January 1, 2012. B. The "Non- Represented Employee Benefits Summary 2012," Attachment B hereto, shall be approved, effective January 1, 2012. C. The "Longevity Pay Plan for Non Represented Employees 2012," Attachment C hereto, shall be approved, effective January 1, 2012. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Attachments: Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A, Non Represented Salary Schedule 2012 Attachment B, Non Represented Employee Benefits Summary 2012 Attachment C, Longevity Pay Plan for Non Represented Employees 2012 W: \Word Processing \Resolutions \Non Represented Employees Compensation- 2012 -rvsd 5 -16 -12 strike -thru sB:bjs Page 3 of 3 181 .i Attachment A, Page 1 City of Tukwila Non Represented Salary Schedule 2012 Classification Titl Administrative Support Technician Office Technici Office Specialist Administrative Assistant Program Coordinator Management Coordinator Management Analyst Program Administrator Program Manager Administrative Manager Assistant Director Department Manager Department Administrator KG:ksn 5/9/2012 Job Title Range Administrative Support Technician Al2 H Resources Technician B21 Administrative Secretary B22 Civil S ervi c e Secretar Examiner Deputy City Clerk B23 Executive Secretary Administrative Secretary I Council Administrative Assistant Systems Administrator H uman Resou As sistant City Clerk Court Administrator Police Records Manager Legislative Analyst Human Resources Analyst P Wor Analyst Internal Operations Manager Public Works Coordinator Emergency Manager Assistant City Administrator Senior Engineer Building Official IT Manager Maintenance Operations Manager Deputy Community Development Director Deputy Finance Director Deputy Public Works Director Deputy Parks Recreation Director Assistant Fire Chief Assistant Police Chief City Engineer Economic Development Administrator C41 C42 C43 D61 D62 D63 D72 E81 Page 1 of 6 183 Department Head Human Resources Director E83 DCD Director Finance Director IT Director Pa rks Recreation Dire Department Director Fire Chief E91 Police Chief Pub lic Works Director C ity A City Administ F102 KG:ksn 5/9/2012 Page 2 of 6 IT.M. Attachment A, Page 3 2012 Non Represented Salary Structure DBM (Minimum) Rating Step 1 Step 2 Step 3 Step 4 Step 5 All 3,762 3,880 3,999 4,116 4,233 Al2 4 0 4 4 4 4 B21 4,563 4,734 •0_ 1 5 B 4 5 B23 5,153 5,347 5,541 1 5,7341 5,931 B31 5 5 5 6 1 B32 5840 6, 096 6 6 6 r C42 6,354 6 6, 637 6 i 7 7 6 7 7 7 8 0 8 3 C52 7,325 7,654 7,984 8,314 8,645 D61 7�247 1�09 7,972 8,3361 8,6981 D62 7,377 1 7,7441 8,113 8,481 8,851 D63 7 8 017 8 9 1 6 4 1 7, 811 8 8 667 9 D72 8,197 8,644 9,093 9,540 9,990 E81 8,283 8,697 9,113 9,524 9,969 9, 019 9 9 10 ,311 8, 84 0 9 2 8 4 1 1 606 10 10 10 E92 9,525 10,004 10,4821 10,958 1 11,436 F1 01 •1• 10 0 :94 F1 02 9 7 95 1 1 0 ,2 84 1 10 Step 6 Step 7 1 1' e 8,9 9 a 9,54 9 9 52 i 1 11, 2012 Rates include a COLA increase of 3.33% and market rate adjustments as follows: 3% market adjustment for all bands except D61 and F102 2% market adjustment for C41 KG:ksn 5/9/2012 1 0 84 3 11,4 12,3 12, 884 Page 3 of 6 185 Attachment B Non Represented Employee Benefits 2012 Social Securitv (FICA): Social Security benefits shall be provided as contained in Section 2.52.010 of the Tukwila Municipal Code (TMC). State -Wide Employee Retirement Svstem (PERS): Retirement shall be provided as contained in Section 2.52.020 of the TMC. Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. Regular part time employees shall be entitled to benefits on a pro -rata basis. Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular part -time employees shall be entitled to benefits on a pro -rata basis. Medical Insurance: The City shall pay 100% of the 2012 premium for regular full -time employees and their dependents under the City of Tukwila self- insured medical /dental plan. Premium increases above 8% per year shall result in a modified plan document to cover the additional cost above 8 or a premium shall be implemented for the difference, at the City's discretion. The City reserves the right to select all medical plans and providers. Regular part time employees shall be entitled to benefits on a pro -rata basis. Employees who choose coverage under the Group Health Cooperative plan shall pay the difference between the City of Tukwila plan full family rate and the rate charged to them by Group Health. Dental Insurance: The City shall provide 100% of the 2012 premium for the regular full -time employees and all dependents under the City of Tukwila self insured medical /dental plan for dental coverage. Regular part -time employees shall be entitled to the same benefits on a pro rata basis. Life Insurance: For regular full -time employees, the City shall pay the premium for Plan C (Multiple of annual earnings) or similar group life and accidental death and dismemberment insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Vision/Ovtical To non represented regular full-time employees and their dependents at the rate of $200 per person, to a maximum of $400 per family unit each year. Regular part -time employees and their dependents shall be entitled to benefits on a pro -rata basis. Disabilitv Insurance: The City shall provide 100% of the premium for regular full -time employees for a comprehensive long -term disability policy. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Health Reimbursement Arranizement/Voluntary Emvlovee Benefit Association (HRANEBA): VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended. Vacation: Following the sixth month of continuous employment, annual vacation leave of six full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted. Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days. Three additional days of annual leave shall be granted on the employee's anniversary date after the third, fourth and fifth years. After six years, the employee shall be granted one day per year additional annual leave to a maximum of 24 days per year. The maximum number of accrued hours is 384 or 48 days. KG:ksn 5/9/2012 Page 4 of 6 W Years of Service 0 -1 years 1 -2 years 3 -6 years 7 years 8 years 9 years Vacation Accrual 12 days* 12 days 15 days 16 days 17 days 18 days Years of Service 10 years 11 years 12 years 13 years 14 years 15 years Vacation Accrual 19 days 20 days 21 days 22 days 23 days 24 days (maximum) *Six full days will be granted following the sixth month of continuous employment. (Days accrue at eight hours, regardless of schedule worked.) Regular part -time employees shall be entitled to benefits on a pro -rata basis. Uniform Allowance: An annual uniform allowance of $350 shall be granted to the following employees: Fire Chief, Assistant Fire Chief, Police Chief, Assistant Police Chief, and Records Manager. KG:ksn 5/9/2012 Page 5 of 6 187 Attachment C Longevity Pay Plan for Non Represented Employees 2012 The monthly longevity flat rates shall be as follows for regular full -time employees after the completion of the number of years of full time employment with the City set forth below. Regular part -time employees shall receive longevity on a pro -rata basis. Completion of 5 years $75 Completion of 10 years 100 Completion of 15 years 125 Completion of 20 years 150 Completion of 25 years 175 Completion of 30 years 200 KG:ksn 5/9/2012 Page 6 of 6 COUNCIL AGENDA SYNOPSIS Initials ITEMNO. Meeting Date Prepared by I Mayor's review Council review 05/14/12 BG I 6 E 05/21/12 I BG ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 05/14/12 AGENDA ITEM TITLE Tukwila Urban Center Transit Center Andover Park West Project Ordinances for Acquisition of Right -of -Way and Easements CATEGORY Discussion Motion Resolution Ordinance BidAvard Public Hearing Other Mtg Date 05114112 Mtg Date Mtg Date Mtg Date 05121112 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PWI SPONSOR'S The original Ordinance No. 2364 did not adequately cover all of the property needed for the SUMMARY Tukwila Urban Center Transit Center and the street improvements for Andover Park West. One section of right -of -way, seven temporary construction easements, and one permanent easement are necessary to construct the proposed improvements. Council is being asked to approve the Ordinances authorizing acquisition of the properties for the Transit Center and Andover Park West street improvements. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/07/12 COMMITTEE CHAIR: ALLAN EKBERG RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PGS 16 17, 2012 CIP) Comments: MTG. DATE I RECORD OF COUNCIL ACTION 05/14/12 I Forward to next Reqular Meetinq 05/21/12 I I MTG.DATEJ ATTACHMENTS 05/14/12 I Informational Memorandum dated 05/04/12 (revised at 5/7 TC) Draft Ordinances with Exhibits Minutes from the Transportation Committee meeting of 05/07/12 05/21/12 1 Ordinances in final form I 190 City Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE TUKWILA TRANSIT CENTER PROJECT; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFORE; PROVIDING FOR PAYMENT THEREOF; AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; REPEALING ORDINANCE NO. 2364; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 5, 2011, the City Council adopted Ordinance No. 2364, which provided for the acquisition of land and property rights associated with the Tukwila Transit Center project; and WHEREAS, an additional temporary construction easement area, beyond that which was identified in Ordinance No. 2364, is necessary to facilitate construction of the Tukwila Transit Center project; and WHEREAS, on December 5, 2005, the City Council amended the Transportation Element of the Comprehensive Plan, by Ordinance No. 2108, which included the Tukwila Urban Center Transit Center Project as a high priority project necessary to provide quality transit service and complement adjacent land uses; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that said project be undertaken at this time and that in order to carry out the project it is necessary at this time for the City to acquire interests and rights to the properties described herein, and WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and W: Word Processing \Ordinances\Aquisition of land- Transit Center project -rvsd 4 -23 -12 CK:bjs Page 1 of 3 191 WHEREAS, the Tukwila Transit Center project and the Andover Park West Widening project are being designed concurrently because of the overlapping project limits making distinct project limits difficult to define; and WHEREAS, notice of the planned final action was handled in accordance with RCW 8.25.290 to include publication in "The Seattle Times" and "Daily Journal of Commerce" on May 7 and May 14, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2364 is hereby repealed in its entirety. Section 2. The land and property rights within the City of Tukwila, King County, Washington, commonly known as a portion of Andover Park West near Baker Boulevard and further described in the attached Exhibits A through E, are necessary for construction of the Tukwila Urban Center Transit Center Project described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 3. The City of Tukwila specifically finds construction of the project to be a public use, specifically the lengthening of the existing bus pull -out on the west side of Andover Park West, widening a portion of Andover Park West to accommodate a new bus pull -out, and construction of an improved on- street transit center including the improvement or installation of custom bus shelters, street furniture, pedestrian plazas, and the related construction or addition of curb, gutter and sidewalk, signalization, illumination, landscaping, irrigation, storm drainage and storm detention. The City Council specifically finds construction of the project to be necessary and in the best interests of the citizens. Section 4. The cost and expense of acquiring said property rights shall be paid from the 2011 -2013 Regional Mobility Grant awarded to the City of Tukwila by the Washington State Department of Transportation, from general funds of the City of Tukwila, and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 5. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners or as ordered by the Court. W: Word Processing \Ordinances\Aquisition of land- Transit Center project -rvsd 4 -23 -12 192 CK:bjs Page 2 of 3 Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Attachments: Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A (6 pages) Andover Park West Right -of -Way Take Legal Description and Map Northbound Transit Temporary Construction Easement Legal Description and Map Andover Park West Temporary Construction Easement Legal Description and Map Exhibit B (6 pages) Southbound Transit Easement Legal Description Southbound Transit Center Temporary Construction Easement Legal Description and Map Exhibit C (2 pages) Temporary Construction Easement Legal Description and Map Exhibit D (4 pages) Temporary Construction Easement Legal Description and Map Exhibit E (2 pages) Canopy Easement Legal Description and Map W: Word Processing \Ordinances\Aquisition of land- Transit Center project -rvsd 4 -23 -12 CK:bjs Page 3 of 3 193 194 EXH' GIT a City of Tukwila Tax Parcel No. 0223 10000 10 Andover Park West Right of Way Take That portion of Lot 2 of City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under Recording No. 20050928900006, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 2; Thence South 00 °11'38" East, along the west line thereof and the east margin of Andover Park West, a distance of 12.04 feet to the POINT OF BEGINNING; Thence continuing along said east margin through the following courses: South 00 °11'38" East a distance of 23.21 feet; Thence South 89 °48'22" West a distance of 5.50 feet; Thence South 00°11'38" East a distance of 250.50 feet to the beginning of a tangent curve concave to the northeast and having a radius of 50.00 feet; Thence southeasterly along the are of said curve through a central angle of 55 °28'55" a distance of 48.42 feet; Thence leaving said east margin, North 00 °11'38" West a distance of 314.91 feet; Thence South 89 °48'22" West a distance of 16.17 feet to the POINT OF BEGINNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 6,429 square feet, more or less. n i P:\P09 \09603.13 Final Design \docs\lBI Tukwila APW Right of Way Take.doc .im EXHIBIT NAP TUKWILA TRANSIT CENTER ANDOVER PARK WEST RIGHT OF WAY TAKE LINE TABLE I LINE I BEARING I LENGTH I L341 S00'1 1'38 "E 12.04 1 L351 S89 48'22 "W 16.171 1 L361 S00'11'38 "EI 23.211 1 L371 S89 48'22 "WI 5.501 I CURVE TABLE CURVE I LENGTH I RADIUS I DELTA I C211 48.421 50.001 55'28'55" AREA OF RIGHT OF WAY TAKE 0 it Pr U is PO U) 0 0 W co M I I ao I_ �r I PAR 0223100020 NW COR. LOT 2 �L35 CONC. DR. i 0 rn PARCEL 0223100010 O h G 00' CD X00 C N L A ASPH. BLDG. /Z CONC I 1 BAKER I S89 "E BL VD. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 SCALE: 1" 50' I I FILE: \EASEMENT EXHIBIT.DWG Civil I Structural I Planning I Survey DATE: O J N0.: NO.: 09 C PJAC,r1U= 603.13 BY: FW PR An Engineering Services Company paceengrs.com mi City of' uIr wi'Ia Nortlilxntnd `1 ransit Stop Temporary Construction f-;ascmcnt Description Tax- Parcc;l No. 0 1 000 10 1'Irat portion ol'Lot:.',, City o.f Tukwila Boundary Line Adjustment. No. L.O5 -025 recorded under Recording; No. 20050928900006, records of TCing; Counl.y, Wa shing;ton, c.lc;sCribed as follows: BEGINNING at, tlrr; northwest corner of said Lot 2; Thence South 00° 1 198" East, along; the west line thereof and the east margin of Andover Park West. a distance, of 12.04 feet; Thence North 89 "48'22" East; at right angles to said west line and east margin, a distance of 16.17 fcct; Thence South 00 °1 1'38" Gast, parallel with said west line and cast margin, a distance of 297.29 feet to the North 'line of an existing City of Tukwila sidewalk and traffic signal easement recorded under King County Recording; No. 951 1300537; Thence North 89 "48'22" East, along; said north easement line, a distance of feet 10 an anglee point in said easement; `]hence South 00 °17'49" Nest, along the east line of said easement, a distance of 937 feet to the northerly line; of mt c °;xistin City of' sidev�lalk and street light easenrc:nt recorded under King County Recording No. 20080305001758 and the beginning of a non tangent curve concave to the northeast from which the radius point bears North 41 '03"17" .East a distanr..e of 35.61 feet; Thence southeasterly ,along the arc of said curve and northerly line through a central an-le of 33 °21'03" a distance of 20.73 Peet; Thence South 89 °37'17" East, along said easement line, a distance of] 3.35 feet: Thence. North 00" 1 l'38" West parallel with said west line of Lot 2 a.nd east mar -iii of Andover Park West a distance of 22.84 feet; Thence North 36 °58' West a distance of 30,89 feet; Thence North 00 West, parallel with said west line and cast margin a distance of 277.01 fcct to the north line of said L,ot 2; Thence North 89"42'31 West along said north Line, a distance of 34.17 feet to the POINT OF BEGIN -NTNG. Situate in the City of Tukm County of King, State of Washington, The ,Above described easement areas contain 6,590 square .feet, more or less N P:\ final Design\ctucs\1B1 T1.110v iIa I` �orthbound''mrsiI Ten 1--;smt.doc 197 EXHIBIT MAP TUKWILA TRANSIT CENTER NORTHBOUND STOP TEMPORARY CONSTRUCTION EASEMENT LINE TABLE 0223100010 LINE I BEARING I LENGTH 1 L11 S00'1 1'38 "E 1 12.041 L21 N89'48'22 "E 1 16.171 L31 N89'48'22 "E1 3.711 L4 S00'1 7'49 "W1 9.371 1-51 S89 7"E 1 13.351 L61 N00'11'38 "WI 22.841 L71 N36'58'29 "W 30.891 L81 N89'42'31 "W I 34.171 CURVE TABLE I CURVE I LENGTH I RADIUS 1 DELTA I I C11 20.731 35.611 33 30' P.O.B. N NW bOR,, LOT 2, I L2 I i' 40' i I� Cr of o 0 I� O f[ TEMPORARY CONSTRUCTION EASEMENT AREA DETAIL 1" 20' 1 w m M 0 0 N PA 0223000020 `PARCEL 0223100010 CONC. DR. 18.00' Qi op 0 rn N O. 3 0 w (f). 0 BLDG. l AI\1 VEF b�1D rFtl 1 CONIC i PARi< I\1J. 2 L5 SEE DETAIL I OPPOSITE Z EXIST. ESM'T 20080305001758 f BAKER S89'42'31 "E BL VD. 1 I EXIST. ESM'T 9511300537 I 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 CPAiCE p. 425.827.20141 f. 425.827.5043 Civil Structural 1 Planning I Survey An Engineering Services Company paceengrs.com 0 0 M SCALE: 1" 50' FILE: \EASEMENT '-XHIBII'.DWG DATE: 03/17/12 BY: FW PROJ. NO.:09603.13 \i X X14 z 0 °o z o ASPH 3 0 w (f). 0 BLDG. l AI\1 VEF b�1D rFtl 1 CONIC i PARi< I\1J. 2 L5 SEE DETAIL I OPPOSITE Z EXIST. ESM'T 20080305001758 f BAKER S89'42'31 "E BL VD. 1 I EXIST. ESM'T 9511300537 I 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 CPAiCE p. 425.827.20141 f. 425.827.5043 Civil Structural 1 Planning I Survey An Engineering Services Company paceengrs.com 0 0 M SCALE: 1" 50' FILE: \EASEMENT '-XHIBII'.DWG DATE: 03/17/12 BY: FW PROJ. NO.:09603.13 City ol'TukwIla Andover .Park West Temporary Construction Easement Description I'a.x Parcel No: OT)3000020 Thal. portion of I,ot I, City of Tllhvila Boundary/ tine AdjUS (HIellt 1\ rec orded Under Recordin fz No. 20050928900006, records of KilIg County, %Vastlington, described as follows: B GIININING at the northwcst corner of said L,ot I; Tltr:nce South 00"14'09" East, alon- the west line thereof and the cast margin ofAnclover :Pak West, a distance of'3-59.68 Peet; Thence continuirl4>, along said west line and east niargin, South 00 °1 P38" East a distance of 89.04 feet to the south line of said Lot: 1, "Thence North 89 °42'3 1" East along said south lined, a distance of 34.1.7 feet; Thence; 110111IC lY, parallel v ith or at right wlnles to, said vvest line and east margin through the follcnvill" r-ou tses: North 00° t P38" West a distance of 51.90 feet; Thence South 89 °4822" West a distance of 1.9.17 feet: Thcmcc North 00 °1 P38" West a distance: of 37.45 1ect; Thence North 00"14'09" West a distance of 3_ feet to the north line of saicl Lot: 1; Thence North 89 "41'31 West along said north line, a distance, of 15.00 feet to the POINT OF Bf_;G 1N N FN C; S,it:uafe in the City of Tukwila, County of kill, Statc of Washington, The above described easement areas contain 7,724 square I'eet, more or less. i rah lti P:AP(JVM9603.13 Final D siLwdcwlttil 'rukwilet t'arccl 02230000::0 Tcnip Esuit.doc 199 3'() 40 PARCEL 022300 EXHIBIT MAP ANDOVER PARK WEST PARCEL 0223000020 7 TEMPORARY CONSTRUCTION P. 0 B. J N 8 9'4 2'31 W EASEMENT 15.00' TEMPORARY CONSTRUCTION L-U EASEMENT AREA E=H\ Ln 0 SCALE: 1" 50' G FILE: \EASEMENT EXHIBIT.DWG 0- CONIC. WALK DATE: 02/23/12 BY: FW 3 PRQJ. NO.: 09603.13 Q CY) 0 j 1 D F- 0 °o Z I- L Lr) TF? Or TRACT j X Ln A o I S89'48'22"W CIA—ACE M /b 19 17' CIO An Engineering Services Company I ELI' Do 11255 Kirkland Way, Suite 300 C 0 C.3 1 Kirkland, WA 98033 0 co A 425.827.2014 1 f. 425.827,5043 Ln. 30' 40- z Civil I Structural I Planning I Survey /34. 1 PARCEL 0223000020 IN89 "E PARCEL 0223100010 200 City of Tukwila Parcel A and G— Binding Site Plan 111-10 -032 Tax Parcel No. 9202470010 and 9202470070 Southbound Transit Easement Description P7XHIBIT T That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L10 -032, recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 20101.021000765, records of King Counts, Washington, described as follows: Commencing at the northeast corner of said Parcel G; "Thence North 00 °1 1'38" West along the east line of said Parcels G and A, and the west margin of Andover Park West, a distance of 288.32 feet; Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the south and having a radius of 125.00 feet, "Thence westerly along the arc of said curve through a central angle of 3 °47'32" a distance of 8.27 feet; Thence South 00'1.1'38" .East a distance of 14.75 feet to the beginning of a non tangent curve concave to the south from which the center point bears South 05 °48'17" East a distance of 95.00 feet; Thence westerly along the arc of said curve through a central angle of 27 °43'16" a distance of 45.96 feet; Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the northeast and having a radius of 8.00 feet; Thence southeasterly along the arc of said curve through a central angle of 56 °20'23" a distance of 7.87 feet; "Thence North 89 °46'16" Mast a distance of 18.79 feet; Thence South 00 °04'14" East a distance of 219.23 feet; Thence South 00 °19'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the cast and having a radius of 8.25 .feet; Thence southerly along the arc of said curve through a central angle of44 °07'53" a distance of'6.35 feet to the beginning of a compound curve concave to the north and having a radius of 13.00 feet; Thence easterly along the arc of said curve through a central angle of 48 °27'27" a distance of 1099 feet; Thence North 89 °48'22" East a distance of 23.40 feet to the east line of'said Parcel A and west margin of Andover Park West; "Thence North 00"1 1'38" West along said east line of Parcels A and G and west margin of Andover Park West, a distance of 167.81 feet to the POINT OF BEGINNING. Together with that portion of said Parcel A described as follows: Commencing at northeast corner of said Parcel G; Thence North 00 °1 1'38" West along the east lines of said Parcels G and A and said west margin of Andover Park West, a distance of 317.54 feet to the POINT OF BEGINNING of the casement area herein described; Thence continuing North 00'] P38" West along said east line of Parcel A and west margin, a distance of 44.57 feet; Thence North 89 °10'47" West a distance of 29.34 feet to the beginning of a tangent curve concave to the southeast and having a radius of 2.00 feet; "Thence southwesterly along the arc of said cove through a central angle of'90 °02'27" a distance of 3.14 f'cct; Thence South 00 °46'46" West a distance of 43.13 feet; 1 \09603.13 Pinal Design \docs\1131 I'ukwila Southbound Transit rasement.doc 201 EaV a distance of 32,11 f,(,(� t the jjc)j ill lite of COL1111)' OfKirlg Stale of' Washingtorl, Aw above dowNed ememna areas COMM I 158o qu ov feet, mom or W. PAP09119603 13 ilia! 1)esynM91131 Tukwila Southbound Fransil F"ascineni'doc 202 City of Tuk\vlla Parcel A and G Binding Site Plan 41,1.0 -032 Tax Parcel No. 9202470010 and 9202470070 SouthboU]7d "Transit Center Temporary Construction Easement Description That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L10 -032, recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 20101021000765, records of' King County Washington, described as follows: Commencing at the northeast corner of said Parcel G; Thence North 00 11'38" West along the east line of said Parcels G and A, and the west margin of Andover Park West, a distance of 288,32 feet to the POINT OF BEGINNING of the easement herein described; Thence South 89 °46'20" West a distance of 29,76 feet to the beginning of a tangent curve concave to the south and having a radius of 125.00 feet; Thence westerly along the are of said curve through a central angle of 3 °47'32" a distance of 8.27 feet; "Thence South 00 °1 1.'38" East a distance of 14.75 feet to the beginning of a non- tangent curve concave to the south from which the center point bears South 05 °48'17" East a distance of95,00 feet; Thence westerly along tlue are of said curve through a central angle of 27 °43'16" a distance of 45,96 feet; Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the northeast and having a radius of 8.00 feet; Thence southeasterly along the arc of said curve through a central angle of 56 °20'23" a distance of' 7.87 feet; Thcncc North 89"46'16" East a distance of 18.79 feet; Thence South 00 °04'14" East a distance of 21.9.23 feet; Thence South 00 °19'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the cast and having a radius of 8.25 feet; Thence southerly along the are of said curve through a central angle of 44 °07'53" a distance of 6.35 feet to the beginning of a compound curve concave to the north and having a radius of 13.00 feet; Thence easterly along the are of said curve through a central angle of 48 °27'27" a distance of 10.99 feet; Thence North 89 °48'22" East a distance of 23.40 feet to said west margin of Andover Park West; T helrCe South OO'l 1'38" East along said west margin a distance of`5.00'; South 89 °48'22" West a distance of 23,40 feet to the beginning of a tangent curve concave to the northeast and having a radius of 18.00 feet; Thence northwesterly along the arc of said curve through a central angle of 48 27'27" a distance of 15.22 feet to the beginning of a compound curve having a radius of 13.25 feet; Thence northerly along the are of said curve through a central angle of'44 °07'53" a distance off 0,2 1 feet Feet; "Thence North 00° 19'53" West a distance of 6.27 feet; "Thence Soutar 89 °40'07" West a distance of 4.00 feet; "Thence North 00'19'53" West a distance of l 5.88 feet; Thence North 89 °40'07" East a distance of 4.00 feet; 'I'henec North 00° 19'53" West a distance of 1.12.51 feet; "Thcncc South 90 °00'00" West a distance of 13.00 feet; Thence North 00'16'56" West a distance of 243.16 feet to the beginning of a non tangent curve concave to the northeast from which the radius point bears North 00 °13'44" West a distance of 13.00 feet; Thence northwesterly along the arc of said curve through a central angle of 56 °20'23" a distance of 12.78 feet; P WOM9603.13 Final Design\docs\1131 Tukn-ila Southbound Temp Eascment.doc 203 Thcoce Nonh 1V532 \Y"| a Jiswo,o o| 1179 that m to beginning mx/-bmWuo|curn: *mvnivo (o Wc»nu{hcun TomwhichNemd his poix(hcuu South ]6"2417 Eos|u'{ignxccof|O0mO to; Tiononxndhcos|nr|y along Unus Maid curve <hnmghuocuhn|omdou[ MOM" aJismxrvoA1X7 Go, Nor h0O West udi`tynonu[NA0h:ct\o the bc/ixoing the sox|hCrom which |6ccon(cr poi 6cxm 07"2849"2as/udismwrof)30/06c/� llhonu:,ugurlyulnogU/can Maid comn|ho`udixcent o[M8]6"aJkloxcrnf|l|Srba ll/M,o* NoUh 89»4620" Last Jixfanoc o[2176 fact In miJ west mo m o[/\nJovmr Part \Vr:<; T}muc South 08°] 118" Cuxi along soiJ wo1 morgix o dixtao�o ofi00 red io to PON] U|� Tuge(k,xvviUh that. portion orsuiJ Parcel /\described as follows; Cmnmmnningoinudbcus( corner n[miJPnoo O; Tlm/culNlouh00"||9X" VVes( along die cast |ioeso[sa@ PamdoG and AunJ said vmimxrgino[ /\odovc/ Park West, ndiu/onnon[]62.}} f& 1n the YODNTOy BEGINNING of the casommourc�lhcr:in dwxui|md; ]lhcnvoNorU/ 89' 1017" Went n distance of2V34 ON to tokyiuningofutangent curve concave N\ho sou*ood and having mdioc of IN; Thcnco mn/U/oesmdyu|m,Uhicaoo[mid coneLhnxeii a ccohn| an o[9O"02'27"o6iyunceof� l4 fcc/;- Thouoo South 0O"46'46^ West x distance nC4I73 feet Thmmo North 89"4822" East nJiotaucuo[32J/A/k/ro@nm|mtrigioo[Anbvo/PA W, ll/e/ccSoo(b0O"l/98" East u|ooyAJ west mo/iinadisilinoco[l00tcc[; Tkmmo South 8O"4822'' West nJhomnrx[3T|yIM; l[hcnoo Nardi 8O"46'46" EosLo distance of4X.22 feet cc) the beginning ofa tangent c concxrcWdn sourhcust and hovixgxmdiusn[71Ofaw Tboocono�bmrshe6vo|on&bo are o[soi6ourvednouglixcootm|unglcof90"02'27"ndiu|ooceo[il.O0 ftc/; Il/unxn South UV°(O47" fist aJisNx;noF2925 Pet m said vestmo kof&odovcrPu/k s/; Thence 8?u(b08"|i38"Eua along xu�J west m inadio|xonuo[5,0Oficet!othoYDUqT0F 8iiomtc io\hc City ufTuk*i|u. County ufKing, Stateo[VVouhiogton. The aNwe descrMed easemms areas contain 6,850 sqLlal'(-,' rao, more or less. Zvi q EX I I 1 1 1IT MAP TUKWILA TRANSIT CENTER EASEMENT WESTFIELD PARCEL LEGEND: HORIZONIAL DATUM CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L10 -032 NEW TRANSIT EASEMENT HATCHED AREAS BSIP PARCEL LINES CENTERLINE RIGHT OF WAY LINE PAGE 2 30' 40 C11 30 11 4i C2o r j POB iLl4'� NORrFi1 ,.43��- N AREA BAKER' 615 BL Va. 'C 3 C4��\ 1 C17 i Q) i 30' 1 3D I N Co CONTINUED FROM PAGE 1 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425,827.5043 I................. Civil Structural I Planning I Survey paceengrs.com DATE: 03/19/12 BY: FW 205 CURVE TABLE CURVE I LENGTH RADIUS I DELTA C31 45.96 95.001 27 43'16" 1 C4 7.87 8.001 56'20'23 "1 1 C71 6.351 8.251 44 0753 "1 1 C81 10.991 13.001 48 2727 1 C111 3.14 2.001 90 0227" I C141 8.271 125.001 3'47'32 "1 C151 13.181 130.001 5'48'36 1 C161 48.871 100.001 28'00'04 1 1 CI 12.781 13.001 56'20'23 "1 C181 10.211 13.251 44'07'53 "1 C191 15.221 18.001 48'27'27" 1 1 C201 11.001 7.001 90'02'27" 1 LEGEND: HORIZONIAL DATUM CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L10 -032 NEW TRANSIT EASEMENT HATCHED AREAS BSIP PARCEL LINES CENTERLINE RIGHT OF WAY LINE PAGE 2 30' 40 C11 30 11 4i C2o r j POB iLl4'� NORrFi1 ,.43��- N AREA BAKER' 615 BL Va. 'C 3 C4��\ 1 C17 i Q) i 30' 1 3D I N Co CONTINUED FROM PAGE 1 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425,827.5043 I................. Civil Structural I Planning I Survey paceengrs.com DATE: 03/19/12 BY: FW 205 PACE I EXHIBIT MAP TUKWILA TRANSIT CENTER EASEMENT WESTFIELD PARCEL CONTINUED ON PAGE 2 LINE TABLE LINE BEARING LENGTH I 00 L2 S00'1 1'38 "E 14.751 fl L3 S33'53'21 "E 35.871 CD L 4 18.791 N89*46'1 6"E 0 1-7 N00 1'38"W 1 44.571 LB N89 '1 0'4 7"W 29.341 L11 �j L101 SOO 43. U �i L12 29.76 L SB9 ti: P L13 N89 1 23.401 L141 N89'48'22"E 32.111 1; I t L1 51 N89'46'20"E 29.761 0, L161 N00'1 1'38 "W 1 14,601 30' L171 N33 40.781 L18 S89 13.771 POB L SOUTH 1� L19 S89 12.011 L24 A R E A L20 S00'00'00"E 1 21.871 P L21 N89'59'37"E 3.661 5.0' T YP. L22 SO4*20'21 "E 1 63.361 L23 S00'00'34"WI 53.581 L24 S90 13.001 Ld c L 25 N89'40'07"E 1 4.001 0 w cr- 26 N00 15.881 cr� L27 S89'40'07"Wl 4.001 Q) L28 N00 1 9'53 "W 1 6.271 c L291 S89'48'22"WI 23.401 LA/ S89 1 0'47 "E 29.251 cl- 0 z L321 S00 48.221 u L331 S89 37.191 L25 r- SEE PAGE 2 FOR CURVE TABLE 4 -2 6 3:0' 30 "j IV C7 L TRANSIT EASEMENT C18 IL29 TEMPORARY. CONSTRUCTION EASEMENT cig J III J L— C8 30.00- E 1 7E 1 7 1- s SCALE: 'I" 50' FILE:\EASEMENT EXHIBIT.DWG DATE: 03/19/12 BY: FW PROJ, NO.: 09603.13 206 EXHIBIT G Cky of'Tlkwila Anclovcr Pail; West Temporary Construct On Easement Description ax Parcel No. 02231000'70 That portion of -Tract 7, Andover Industrial Park No. 2, accordhig to the plat t hereof recorded in Volume 71 of Flats, parses 68 and 69, iu King County Washington lying southerly of a line drawn paralh:d -t -ith Me south he of Dakar Boulevard, and 459 feet southerly thereof, as mean red at right angles to said south line said casement being more particularly described as follows: Commencing at the northwest corner of the above described parcel; Thence South 89'4211 East along said north Ike a distance of] 0.00 feet to the east line of cxi ;tins:; 10.00 ,foot utility easement per said plat of Andover ]rulustrial Park No. 2 and the POINT OF' 131 GINNING; Thence South 0011'38" Fast, along said ensernent, a distance of'301.89 feel to the beginning ora tangenl curve concave to the northeast and having a radius of 4100 feet; Thence southeasterly along; Me arc of said curve and easement line, through a central anj of 25°50' 9" a. distance of] 8.04 feet; "Thence nord parallel wilh or at right angles to, the centerline of said Andover Park West, through the following courses: North on 1'38" vilest a distance of2331:3 feet; Thence North 89°48'22" Fast a distance of 22.50 feet; Thcnce North 001 1IS" M!"t a distance of 5185 feet; "Thence South SV48'22" West a distance of 19.50 feet; "Thence North 009 118" West a distance:' of 2819 feet to the north line of the above described parcel; Thence North 89 °42'31 W=1 along said north line: a distance of 7.00 fact to the PO.fN'h Ol" BEGINNING. Situate in to City or"rAwila, County of King„ State of Washington, The above described casement areas contain :2300 square Feet, Wrote or less. `i j: `1:. mil _:�`i 1..A' P:'.PNW960:i.1:i Final DeMgn`• hcs`!BI 11it,vNila Pmccl 022') 100070'1'e:ny) Gsnmdoc 207 EXHIBIT MAP Li PARCEL 0223100075 ANDOVER PARK WEST PARCEL 0223100070 PARCEL 0223100070 CONC. TEMPORARY CONSTRUCTION L3 EASEMENT POD i tj z"— '00 ct� D f o LINE TAKE 0223100070 LINE I BEARING I LENGTH PC 1-2 LIJ S89 42'31'E1 10.001 L21 N89 1 22.501 I L31 S89 1 19,501 I Q �1 LJ 1-4 N00 1'38"W 28.59 00 L51 N89.42'31 "W 7.00 C V) Co Ld€ L TEMPORARY CONSTRUCTION C) 4.00' EASEMENT AREA 1D.00' C\j ASPH. PARKING 3 0 30 6=25'50'29" R=40.00' 10.00' ESM 1 K) L= 1 8.04' rPE R PLAT r ow Wes- S TRA AIDER 8L VD. N89*32'46"W 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 SCALE: 1 50' FILE: \EASEMENT EXHIBIT DWG R.ACi) C ivil I ''*I'St*r*u'c't'u'r'a*l"l"P'I'a'n'n'i'n'g'I"S'u'r'v'ey DATE: 03117112 BY: FW An Engineeriq Services Company paceengrs.com PROJ. NO.: 09603.13 ON FxHOQir D City of Tukwila Andover Park West Temporary Construction Easement Description Tax Parcel No. 0223100075 That portion of Tract 7, Andover Industrial Park No. 2, according to the plat thereof recorded in Volume 71 of Plats, pages 68 and 69, in King County Washington, lying north of a line drawn parallel with the south line of Baker Boulevard, and 459 feet southerly thereof, as measured at right angles to said south line, said easement being more particularly described as follows: Commencing at the southwest corner of the above described parcel; Thence North 89 °42'31" West along said south line a distance of 10.00 feet to the east line of existing utility easement per said plat of Andover Industrial Park No. 2 and the POINT OF BEGINNING; Thence North 00°11'38" West, along the east line thereof, a distance of 408.67 feet to the beginning of a tangent curve concave to the southeast and having a radius of 40.00 feet; Thence northeasterly along said east line and the arc of said curve, through a central angle of 34 °24'41" a distance of 24.02 feet; Thence parallel with or at right angles to the centerline of Andover Park West, through the following courses: South 00 °1 1'38" East a distance of 125.41 feet; Thence North 89°48'22" East a distance of 21.00 feet; Thence South 00 °11'38" East a distance of 33.90 feet; Thence South 89 °48'22" West a distance of 21.00 feet; Thence South 00 °11'38" East a distance of 198.09 feet; Thence North 89 °48'22" East a distance of 20.50 feet; Thence South 00 °1138" East a distance of 33.59 feet; Thence South 89 °48'22" West a distance of 20.50 feet; Thence South 00 °11'38" East a distance of 40.35 feet to the south line of the above described parcel; Thence North 89 °42'31" West along said south line a distance of 7.00 feet to the POINT OF BEGINNING. "Together with the following describe easement area; Commencing at the southwest corner of the above described parcel; Thence North 89 °42'31" West along said south line a distance of 10.00 feet to the east line of existing utility easement per said plat of Andover Industrial Park No. 2; Thence North 00 °11'38" West, along the east line thereof, a distance of 408.67 feet to the beginning of a tangent curve concave to the southeast and having a radius of 40.00 feet; Thence northeasterly along said east line and the arc of said curve, through a central angle of 57 °21'45" a distance of 40.04 feet to the POINT OF BEGINNING of the easement area herein described and the beginning of a compound curve concave to the south and having a radius of 40.00 feet; Thence easterly along said curve and existing utility easement through a central angle of 33 °07'23" a distance of 23.12 feet; 1 \09603.13 Final Design docsUBI Tukwila Parcel 0223100075 Tcmp Esint.doc 209 Tbcno*cou{inuingoJongsuidonsmnoMAouib89°42'3]" East, udbstunueof|06A8Net; 11swe AM 00 West, at dght anghs to Ad eawmeM, a Imams of UO Rxt, Tbooce Shah 89 42'31"VVost,puraDr| wit mid ouscucoL,u distance oFl27Rjhc{|o|ho pO{NTOFB£GDqN]NG. 3ituu1C ill d1C City n{Tukniia County of ling, We of 0/uxNngton, Ile ubovc MAW rayonnonloroax contain 5,l55sgoarn morcor|csx. Own EXHIB C���K������ SHEET 1 OF 2 IT xvx��o ANDOVER PARK WEST PARCEL 0223100075 CON TIN LIED Ow SHEET Z TEMPORARY CONSTRUCTION EASEMENT JO TEMPORARY CONSTRUCTION EASEMENT AREA l �i BUILDING 3E[ SHEET z FOR uw[ TABLE �Q 1, n~ jL ATX- i Jb' JO v 7 PO3 p�RC[L O22Jl00075 `Y L9 PARCEL 0223100070 CONC. 1125S Kirkland Way, Suite 30b Kirkland, VVAQ8033 p. 425.8272014 425.827.5043 SCALE: 50' F|�E�\[x5E�EmT [xmB�TDwo DATE: 0�/n/l2 B, Fw Ck41I8�uo�m| P�n�ngISume /w�W»'cmwmm�,cvmp� punaongm.nom pnOJ. w{l:0e50I13 SHEE i 2 OF 2 ANDOVER PARK WEST PARCEL 0223100075 TEMPORARY CONSTRUCTION EASEMENT LINE TABLE 0223100075 1 TEMPORARY CONSTRUCTION J LINE J BEARING I LENGTII 1 EASEMENT AREA I L1 S89'42'31 "F1 10.001 L2 N89'48'22 "E 1 21.001 L31 S00 "1'38 "EI 33.90 I L41 589'48'22 "W 1 21.001 1 L51 N89'48'22 "E 1 20.501 I CURVE TABLE 0223100075 1 1 L6 SC01 1'38 "E 33.591 1 CURVE J LENGTH I RADIUS 1 DELTA J L7 S89'48'22 "W 20.501 1 C1 24.021 40.001 34'24'41 "1 I L S00'11'38 "E1 40.351 1 C2 16.021 40.001 22 °1 1 L N89'42'31 "W1 7.001 1 C31 23.121 40.001 33 1 L101 N00'1 7'29 "E 1 6.501 O B AKER I S89'42'31 "E BL VD. O 11 6 10.00' ESM'T PER PLAT cONI 106.48' N89 42 31 "W 112 7.8'5 L10 0 W_ PARCEL 0223100075' CL- 30' 30' I� CONTINUED FROM SHEET 1 OF 2 CDAT 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 SCALE: 1 50' FILE: \EASEMENT EXHIBIT.DWG Civil I Structural J Planning I Survey E: 02/29/12 BY: FW An Engineering Services Company paceengrs.com PROJ. NC.: 09603.13 212 EXHIBIT E City of Tukwila Parcels A and G Binding Site Plan #L10 -032 Tax Parcel No.'s 9202470010 and 9202470070 Canopy Easement Description That portion of Parcels A and G of City of Tukwila Binding Site Improvement .Plan No. L 10 -032, recorded in volume 256 of Plats. Pages 1 through 9, under Recording No. 20101021000765, records of King County, Washington, described as follows: Commencing at the northeast corner of said Parcel G; Thence South 00'I V38" East along the east line thereof and the west margin of Andover Park West a distance of 42.73 feet to the POINT OF BEGINNING; Thence continuing South 00 °1 1'38" East along said west margin a distance of 68.17 feet; Thence North 89 °54'34" West a distance of 62.85 feet; Thence North 00'] 9'59" East a distance of 68.15 feet; Thence South 89 °56'07" East a distance of 62.27 feet; to the POINT OF BEGINNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 4,264 square feet, more or less 1 Final DcsignWocsUHl Tulmila Canopy Easementldoc 213 EXHIBIT MAP FIRESTONE CANOPY EASEMENT PARCEL G BSIP L10 -032 LEGEND: NE COR. PARCEL G �I N d CANOPY N89 "W 62.27 I �i 77-/ POB LLJ z o CC,� or /I `��J Ao i/ co �n z c Es 4 0'56'31" o 45.00' 0 =2.31' N89'54'34 "W 62.85' I �I I i I N w 00 i 0 Li PARCEL G WEA L F I NTER E VOL 24977 -84 30.D0' it i PARCEL A J I Ii HORIZONTAL DATUM CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L10 -032 NEW CANOPY EASEMENT HATCHED AREA 30.00 i I BSIP PARCEL LINES CENTERLINE RIGHT OF WAY LINE 214 City of Tukwi"la Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE ANDOVER PARK WEST WIDENING PROJECT; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFORE; PROVIDING FOR PAYMENT THEREOF; AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a Design Report was completed in 1991 documenting the necessity of widening Andover Park West to provide for increased roadway capacity and to improve safety; and WHEREAS, on December 5, 2005, the City Council amended the Transportation Element of the Comprehensive Plan, by Ordinance No. 2108, which included the Andover Park West Widening Project as a high priority project necessary to provide adequate roadway capacity; and WHEREAS, on December 5, 2011, the City Council adopted the 2012 -2017 Capital Improvement Program (CIP), by Resolution No. 1753; and WHEREAS, the City Council has found that the public health, safety, necessity and convenience demand that said project be undertaken at this time and that in order to carry out the project it is necessary at this time for the City to acquire interests and rights to the properties described herein; and WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that interests in the land and property rights hereinafter described be condemned, appropriated, and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and W: Word Processing \OrdinancesWquisition of land -APW Widening project 4 -23 -12 CK:bjs Page 1 of 3 215 WHEREAS, notice of the planned final action was handled in accordance with RCW 8.25.290 to include publication in "The Seattle Times" and "Daily Journal of Commerce" on May 7 and May 14, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The land and property rights within the City of Tukwila, King County, Washington, commonly known as a portion of Andover Park West between Strander Boulevard and Tukwila Parkway and further described in the attached Exhibits A through E, are necessary for construction of the Andover Park West Widening Project described above, subject to making or paying just compensation to the owners thereof in the manner provided by law. Section 2. The City of Tukwila specifically finds construction of the project to be a public use, specifically the widening of Andover Park West to accommodate left turn pockets and landscaped medians, and construction or addition of curb, gutter and sidewalk, signalization, illumination, landscaping, irrigation, storm drainage and storm detention. The City Council specifically finds construction of the project to be necessary and in the best interests of the citizens. Section 3. The cost and expense of acquiring said property rights shall be paid from general funds of the City of Tukwila, and from other monies applicable thereto that the City may have available or may obtain. The Director of the Public Works Department or his designee is hereby authorized to negotiate with and make offers to the owners of said land or property for the purposes of making or paying just compensation, and to approve the payment of just compensation as negotiated with said owners or as ordered by the Court. Section 4. In the absence of negotiated purchases with the affected property owners, the City Attorney is hereby authorized and directed to undertake proceedings provided by law to condemn, appropriate, and take the property necessary to carry out the provisions of this ordinance. The City Attorney is further authorized to approve and enter into any and all such agreements, stipulations, and orders necessary to carry out the provisions of this ordinance, including for the payment of just compensation as agreed to with the property owners or as ordered by the Court. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such W: Word Processing \OrdinancesWquisition of land -APW Widening project 4 -23 -12 216 CK.bjs Page 2 of 3 invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance 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 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Attachments: Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A (6 pages) Andover Park West Right -of -Way Take Legal Description and Map Northbound Transit Temporary Construction Easement Legal Description and Map Andover Park West Temporary Construction Easement Legal Description and Map Exhibit B (6 pages) Southbound Transit Easement Legal Description Southbound Transit Center Temporary Construction Easement Legal Description and Map Exhibit C (2 pages) Temporary Construction Easement Legal Description and Map Exhibit D (4 pages) Temporary Construction Easement Legal Description and Map Exhibit E (2 pages) Temporary Construction Easement Legal Description and Map W: Word Processing \Ordinances\Aquisition of land -APW Widening project 4 -23 -12 CK:bjs Page 3 of 3 217 EXHIBIT A City of Tukwila Tax Parcel No. 02231000010 Andover Park West Right of Way Take That portion of Lot 2 of City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under Recording No. 20050928900006, records of King County, Washington, described as follows: Commencing at the northwest corner of said Lot 2; Thence South 00 °11'38" East, along the west line thereof and the east margin of Andover Park West, a distance of 12.04 feet to the POINT OF BEGINNING; Thence continuing along said east margin through the following courses: South 00 °11'38" East a distance of 23.21 feet; Thence South 89 °48'22" West a distance of 5.50 feet; Thence South 00 °11'38" East a distance of 2 50.5 0 feet to the beginning of a tangent curve concave to the northeast and having a radius of 50.00 feet; Thence southeasterly along the are of said curve through a central angle of 55 °28'55" a distance of 48.42 feet; Thence leaving said east margin, North 00 °11'38" West a distance of 314.91 feet; Thence South 89 °48'22" West a distance of 16.17 feet to the POINT OF BEGINNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 6,429 square feet, more or less. oil/ y PA\P09 \09603.13 Final Design \docsV131 Tukwila A.PW Right of Way Take.doc MR, EXHIBIT MAP TUKWILA TRANSIT CENTER ANDOVER PARK WEST RIGHT OF WAY TAKE 1 CURVE TABLE 1 1 CURVE I LENGTH 1 RADIUS 1 DELTA 1 1 C211 48.421 50.001 55'28'55 "1 AREA OF RIGHT OF WAY TAKE it 17 U FA N PAR 0223100020 NW COR. LOT 2 POB— A rC35� CONIC. DR. w L3 7 r 1 PARCEL 0223 000 10 co bo o o F 'I o T Cr/ w C ASPH. BLDG. Li CONIC I 1 1 1 1 BAKER S89 E BL VD. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014) f. 425.827.5043 SCALE: 1" 50' FILE: \EASEMENT EXHIBIT,DWG M Aw Civil 1 Structural 1 Planning 1 Sury ey DATE: 11/16/11 BY: FW PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com ME LINE TABLE I LINE BEARING I LENGTH 1 L34 S00'11'38 "E1 12.04 1 L351 S89'48'22 "WI 16.171 1 L361 S00'1 1'38 "E1 23.211 1 L371 S89'48'22 "W 1 5.501 1 CURVE TABLE 1 1 CURVE I LENGTH 1 RADIUS 1 DELTA 1 1 C211 48.421 50.001 55'28'55 "1 AREA OF RIGHT OF WAY TAKE it 17 U FA N PAR 0223100020 NW COR. LOT 2 POB— A rC35� CONIC. DR. w L3 7 r 1 PARCEL 0223 000 10 co bo o o F 'I o T Cr/ w C ASPH. BLDG. Li CONIC I 1 1 1 1 BAKER S89 E BL VD. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014) f. 425.827.5043 SCALE: 1" 50' FILE: \EASEMENT EXHIBIT,DWG M Aw Civil 1 Structural 1 Planning 1 Sury ey DATE: 11/16/11 BY: FW PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com ME City of Tukwila Northbound Transit Stop Temporary Construction Eascment Description Tax Parcel No. 0223100010 That portion of Lot 2, City of Tukwila Boundary Line Adjustment No. L05 -025, recorded under Recording No. 20050928900006, records of King County, Washington, described as follows: BEGTNNING at the northwest corner of said Lot 2; Thence South 00° 1 1'38" East, along the west: line thereof and the east margin of Andover Park West, a distance of 12.04 feet; Thence North 89 °48'22" East, at right angles to said west line and cast margin, a distance of 16.17 feet; Thence South 00'11'38" East, parallel with said west line and cast margin, a distance of 29729 feet to the North line of an existing City of Tukwila sidewalk and traffic signal easement recorded under King County Recording No. 9511300537; Thence North 89 °48'22" East, along said north easement line, a distance of 3.71 feet to an angle point in said easement; Thence South 00° 1 T49" West, along the east line of said easement, a distance of 9.37 feet to the northerly line of an existing City of Tukwila sidewalk and street light easement recorded under King County Recording No. 20080305001758 and the beginning of a non- tangent curve concave to the northeast froth which the radius point bears North 41 °03'17" East a distance of 35.61 feet; Thence southeasterly along the arc of said curve and northerly line through a central angle of' 3 °21'03" a distance of 20.73 feet; Thence South 89 °37'17" East, along said easement line, a distance of 13.35 feet; Thence North 00 °11'38" West parallel 4vith said west line of Lot 2 and east margin of Andover Park West a distance of 22.84 feet; Thence North 36 °58'29" West a distance of 30.89 feet; Thence North 00° 1 P38" West, parallel with said west line and cast margin a distance of 277.01 feet to the north line of said Lot 2; Thence North 89 °42'31 West along said north line a distance of 34.17 feet to the POINT OF BEGTNNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 6,590 square feet, more or less. y r/7 4 f f�� 1 \09603.13 .Final Design docs\IBI Tuk«I1a Northbound Transit "Temp Esmt.doc 220 EXHIBIT MAP TUKWILA TRANSIT CENTER NORTHBOUND STOP TEMPORARY CONSTRUCTION EASEMENT PARCEL 0223000020 NW 7 1Lb l APARCEL 0223100010 LOT i- LZ I�! CONC. DR. 1 40' 18.00' Cr W oD/4 ,Q 0 LO Q co)) j 0) 04 co o z 0 z L) bi ASPH 3 BLDG. Uj 0 0- 0 0- L/ 30' LINE TABLE 0223100010 LINE 1 BEARING I LENGTH 1-11 S00'1 1'38 "E I 12.04.1 L21 N89'48'22"E I 16.171 L31 N89 I 3.71 co L4 I S00'1 7'49 "W I 9.371 L51 S89 37'17 "E I 13.351 L61 N00 1'38"W 22.841 V) F. L71 N36 30.891 L81 N89 "W I 34.171 CURVE TABLE li CURVE 1 LENGTH 1 RADIUS DELTA 1 II C11 20.731 35.611 33'21'03"1 TEMPORARY CONSTRUCTION EASEMENT AREA DETAIL 1" 20' E E 1 r r 30' !J 0) 15 EXIST. ESM'T 20080305001758 ESM'T 9511300537 Ak An Engineering Services Company 40' rF?ACT` 1 A NDD V "J? j,\jf)tjs CONC 2 r j SEE DETAIL OPPOSITE BAKER 589*42'31 "E BL VD, 1 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 f. 425.827.5043 I Civil I Structural I Planning I Survey paceengrs.com SCALE: 1" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 03/17/12 BY: FW PROJ. NO.:09603-13 221 City of Tul(wila Andover Park West Temporary ConStt'Uetlon Easement Description Tas. Parcel No. 0223000020 That portion of Lot 1, City of Tukwila Boundary Line Adjustment No, L05-025, recorded under Recording No. 20050928900006, records of King County, Washington, described as .follows: 1313 GINNING at the northAvest corner of said Lot 1; Thence South 00 °14'09" East, along the west. line thereof and the east margin of Andover Park. West, a distance of 359.68 feet: Thence continuing along said west line and east margin, South 00 °1 1'38" .East a distance of 89.04 feet to the south line of said Lot 1; Thence North 89 °42'31 East along said south line, a distance of 34.17 fect; Thence northerly, parallel with or at right angles to, said west line and east margin through the following courses: North 00 °11'38" West a distance of 51.90 feet; Thence South 89 °48'22" West a distance of 1.9.17 feet; Thence North 00 °l P38" West a distance of 37.45 feet; Thence North 00 °14'09" West a distance of 359.53 feet to the north 'line of said Lot 1; Thence North 89 °42'31 West: along said north line, a distance of 1.5.00 feet to the POINT OF BEGINNING. Situate in the City of Tukwila, County of King, State of Washington, The above described easement areas contain 7,724 square feet, more or less. PAP09\09603.13 Final Design docs \IBI Tubvila Parcel 0223000020 Kemp 1 smt.doc 222 EXHIBIT MAP' ARCEL 022,300'0020 3.0 40' P ANDOVER PARK WEST PARCEL 0223000020 TEMPORARY CONSTRUCTION P. 0 a. N89'42'31 "W EASEMENT 15.00' C' TEMPORARY CONSTRUCTION EASEMENT AREA oc U) SCALE: 1" 50' PC L FILE: \EASEMENT EXHIBIT.DWG a- CONC. WALK DATE: 02/23/12 BY: FW Q) PROJ. NO.: 09603.13 j 0) L 2 P C\j �C) -C 00 L Z Ln TR AC T 2 TRACT 1 o AV r110) S89*48'22"W `)a-Ti 9.17' F An Engineering Services Company 7�1 CO- �e Wo 11255 Kirkland Way, Suite 300 C;) l r*- M Kirkland, WA 98033 z fl) p. 425.827.2014 1 f. 425.827.5043 n 0 0 Civil I Structural I Planning I Survey 30 40' 17' PARCEL 0223000020 IN 89 "E PARCEL 02231000 223 City of Tukwila Parcel A and G Binding Site Plan IIL10 -032 Tax Parcel No. 9202470010 and 9202470070 Southbound Transit Easement Description EXHIBIT I That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L10 -032, recorded in volume 256 of Plats, Pages 1 through 9, under Recording No. 20101021000765, records of King County, Washington, described as follows: Commencing at the northeast corner of said Parcel G; Thence North 00 °1 1'38" West along the east line of said Parcels G and A, and the west margin of Andover Park West, a distance of 288.32 feet; Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the south and having a radius of 125.00 feet; Thence westerly along the are of said curve through a central angle of 3 °47'32" a distance of' 8.27 feet; Thence South 00'11'38" East a distance of 14.75 feet to the beginning of a non tangent curve concave to the south from which the center point bears South 05 °48'17" East a distance of 95.00 feet; "Thence westerly along the are of said curve through a central angle of 27 °43'16" a distance of 45.96 feet; Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the northeast and having a radius of 8.00 feet; Thence southeasterly along the are of said curve through a central angle of 56 °20'23" a distance of 7.87 feet; Thence North 89 46'16" East a distance of 18.79 feet; "Thence South 00 °04'14" East a distance of 219.23 feet; Thence South 00 °1 9'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the east and having a radius of 8.25 .feet; Thence southerly along the are of said curve through a central angle of 44 °07'53" a distance of 6.35 feet to the beginning of a compound curve concave to the north and having a radius of 13.00 feet; Thence easterly along the arc of said curve through a central angle of 48 °27'27" a distance of 10.99 feet; Thence North 89 °48'22" East a distance of 23.40 feet to the east line of said Parcel A and west margin of Andover Park West; Thence North 00 °1 1'38" West along said east line of Parcels A and G and west margin of Andover Park West, a distance of 167.81 feet to the POINT OF BEGINNING, Together with that portion of said Parcel A described as follows: Commencing at northeast corner of said Parcel G; Thence North 00 °1 1'38" West along the east lines of said Parcels G and A and said west margin of Andover Park West, a distance of 317.54 feet to the POINT OF BEGINNING of the easement area herein described; Thence continuing North 00'11'38" West along said east line of Parcel A and west margin, a distance of 44.57 feet; Thence North 89'10'47" West a distance of 29.34 feet to the beginning of a tangent curve concave to the southeast and having a radius of 2.00 feet; "Thence southwesterly along the are of said curve through a central angle of 90 °02'27" a distance of 3.14 feet; Thence South 00 °46'46" West a distance of 43.13 feet; P: \1 \09603.13 Final Dcsign \dots \1 BI Tukwila Southbound Transit Easement.doc 224 Thence North 89'-18'22" East a distance of")2,1 I fee( to (fie POINT OF BEGlNNfNG; S I mare I n f fie City of Tukwila, County of &jjia, St or washim-1011, The above descijbcd casement areas Contain 18,580 square feet more or less. QW Vt Q'( M'09W9603,13 Final Dcsign\do&lBl TUkWila S01 1 01bound'Fransil Easemenuloc 225 City of Tukwila Parcel A and G Binding Site Plan 4L1.0 -032 Tax Parcel No. 9202470010 and 9202470070 Southbound Transit Center Temporary Construction Easement Description That portion of Parcels A and G of City of Tukwila Binding Site Improvement .Plan No. LI 0 -032, recorded in volume 256 of Plats, Pages I through 9, under Recording No. 20101021000765, records of King County, 'Washington, described as follows: Commencing at the northeast corner of said Parcel G; Thence North 00 °11'38" West along the east line of said Parcels G and A, and the west margin of Andover Park West, a distance of'288.32 feet to the POINT OF BEGINNING of the easement herein described; Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the south and having a radius of 125.00 feet; Thence westerly along the are of said curve through a central angle of 3 °47'32" a distance of 8.27 feet; Thence South 00 °1.1'38" East a distance of 14.75 feet to the beginning of a non- tangent curve concave to the south fi om which the center point bears South 05 °48'17" East a distance of 95.00 feet; Thence westerly along the are of said curve through a central angle of 27 °43'16" a distance of 45,96 feet; Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the northeast and having a radius of 8.00 feet; Thence southeasterly along the are of said curve through a central angle of 56 °20'23" a distance of 7.87 feet; Thence North 89 °46'16" East a distance of 18.79 feet; Thence South 00'04'14" East a distance of 21.9.23 feet; Thence South 00 °19'53" East a distance of 163.62 feet to the beginning of a tangent curve concave to the east and having a radius of 8.25 feet; Thence southerly along the are of said curve through a central angle of 44 °07'53" a distance of 6.35 f eet to the beginning of a compound curve concave to the north and having a radius of 13.00 feet; Thence easterly along the are of said curve through a central angle of 48 °27'27" a distance of 10.99 feet; Thence North 89 °48'22" East a distance of 23.40 feet to said west margin of Andover Park West; Thence South 00 °1 1'38" East along said west margin a distance of 5.00'; South 89 °48'22" West a distance of 23.40 feet to the beginning of a tangent curve concave to the northeast and having a radius of 18.00 feet; Thence northwesterly along the are of said curve through a central angle of 48 °27'27" a distance of 15.22 feet to the beginning of a compound curve having a radius of 13.25 feet; Thence northerly along the are of said curve through a central angle of 44 °07'53" a distance of 1 0.21 feet Feet; Thence North 00 °19'53" West a distance of 6.27 feet; Thence South 89 °40'07" West a distance of 4.00 feet; Thence North 00'19'53 West a distance of 15.88 feet; Thence North 89 °40'07" East a distance of 4.00 feet; Thence North 00° 19'53" West a distance of 112.51 feet; Thence South 90 °00'00" West a distance of 13.00 feet; Thence North 00° 16'56" West a distance of 243.16 feet to the beginning of a non- tangent curve concave to the northeast from which the radius point bears North 009 3'44" West a distance of 13.00 feet; Thence northwesterly along the are of said curve through a central angle of 56 °20'23" a distance of 12.78 feet; 1 \09603.13 Final Design \does \I81 Tukw la Southbound Temp Easement.doc 226 Thence North 33 °53'21 West a distance of 40.78 feet to the beginning of a non tangent curve Concave (0 the southeast from which the radius Poirlt bears South 36 °24'35" Last a distance of 100.00 feet; 'I northeasterly along the arc of said curve through a central angle of 28 °00'04" a distance of 118.87 feel.; Thence North 00° 1 1'38" West a distance of 14.60 feet to the beginning of a non tangent cun concave to the south from which the center Point bears South 07 0 28'49" East a distance of 130.00 feet; Thence easterly along the arc of said curve through a central angle of 5 °48'36" a distance of 13.18 feet; Thence North 89 °46'20" East a distance of 29.76 feet to said west margin of Andover Park Mlcst; Thence South 00'I 1 '38" East, along said west margin, a distance of 5.00 feet to the POINT 01" BEGINNING. Together with that Portion of said Parcel A cescribed as follows; Commencing at noi corner of said Parcel G; Thence Nortlr 00'11'38" West alone the east lines of said Parcels G and A and said west margin of Andover Park West, a distance of 362.1 l feet to the POINT OF BEGINNING of the easement area herein described; Thu:alcc North 89 °10'47" West a distance of 29.34 feet to the beginning of a tangent curve concave to the southeast and having a radius of 2.00 feet; Thence southwesterly along the arc of said curve through a central angle of 90 °02' a distance of 3.14 feet: Thence South 00 °46'46" Vilest a distance of 43.13 feet; Thence North 89 °48'2 Gast a distance of 32.11 feet to said west margin of .Andover ,Park 'Wost; Thence South 00'11'38" East along said west: margin a distance of 5.00 feet; Tlu;uce South 89 °48'22" West a distance of 37.19 feet; Thence North 00 °46'46" Cast a cistance of 48.22 feet to the beginning of a tangent curve concave to the southeast and having a radius of 7.00 feet, Thence northeasterly along the arc of said curve through a central angle of 90 02'27" a distance of 1 '1.00 feet: Thence South 89 °10'47" East a distance of 29.25 feet to said west margin of Andover Park West; Thence South 00'11'38" East along said west margin a distance of 5.00 feet to the POINT OF BEGINNING: Situate in the City of TLIkvVila, County of King, State of Washington, The above described easement areas contain 6,850 square feet, rnore or less. P. °,1 \09603 13 Final DesiLn \does \1131 Tukwila Southbound Temp Basementdoc 227 EXHIBIT MAP PAGE 2 TUKWILA TRANSIT CENTER EASEMENT WESTFIELD PARCEL 30' 40' C11 L30 lip i CURVE TABLE C20 CURVE I LENGTH RADIUS I DELTA I C31 45.961 95.001 2 7 .4 3'16 "1 L 7 I C41 7.871 8.001 56 1 I C71 6-351 8.251 44 07' 53"1 k L'i 41 /—POB 1 C81 10.991 13.001 48'27' I ANORTHI REA C111 3.141 2.001 90 14 BAKER' I C141 8.271 125.001 3'47'32 "I C15 ___�\I rn C15 13.181 130.001 5- 4 BLVD. 1 'C16 C16 100,001 28 48.871 :3 0 4l I C171 12.781 13,001 56 2023 I C181 10.211 13.251 44-07'53"Il o I C191 15.221 18.001 48. 27'27"1 u I C201 11.001 7.001 90 Li C4 LEGEND: C17 HORIZONTAL DATUM CITY OF TUKWILA BINDING SITE IMPROVEMENT PLAN NO. L10-032 NEW TRANSIT EASEMENT HATCHED AREAS BSIP PARCEL LINES L1 CENTERLINE rn co 30 3 RIGHT OF WAY LINE N 0 \x co V) co CONTINUED FROM PACE I 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 P. 425.827.2014 1.425.827.5043 C i v i I j S t r u c t u r a 1 Plann I Survey An Engineering Services Company paceengrs.corn SCALE: I" 50' FILE: \EASEMENT EXHIBIT.DWG DATE: 03/19/12 BY: FW PROD. NO.: 09603.13 228 EXHIBIT MAP TUKWILA TRANSIT CENTER EASEMENT WESTFIELD PARCEL SEE PAGE 2 FOR CURVE TABLE TRANSI E E/:=,7 TEMPORARY. CONSTRUCTION EASEMENT PAGE 1 CONTINUED ON PAGE 2 (D EI L� O o If_ o g "i t il Q Lt 1 y 30' \-POB 6 I i 30' f r L���\ SOUTHI 1-24 AREA! 5.0' TYP. [O W I z N o w J Of 1 i Ch f L 1-25 U, LDS, N C7� L1 y C18 L29 C1 C8y it 30' C Q I il 30' I!P Imo. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.20141 f, 425.827.5043 Civil 1 Structural 1 Planning 1 Survey paceengrs.com DATE: 03/19/12 BY: FW 229 LINE TABLE I LINE BEARING I LENGTH L2 S00'1 1'38 "E 1 14.751 L3 533'53'21 "E 1 35.871 L4 N89 6"E 18.791 1-7 NOO 11'38 "W I 44.571 1-8 N89 10'47 "W 29.34 I L101 I S00'46'46 "W I I 43.131 L121 S89 46'20 "W I 29.76 L131 N89'48'22 "E I 23.401 L14 N89'48'22 "E I 32.111 L15 N89'46'20 "E I 29.761 L161 N00'11'38 "W 1 14.601 1-171 N33'53'21 "W 1 40.781 1-181 S89 6"W 13.771 L191 S89 59'26 "WI 12.011 L201 S00'00'00 "E I 21.871 L211 N89'59'37 "E I 3.661 L221 SO4'20'21 "E1 63.361 L231 S00'00'34 "W 1 53.581 L24 I S90'DO'00 "W I 13.001 L251 N89'40'07 "E1 4.001 L26 N00'1 9'53 "W 1 15.881 L27 S89'40'07 "WI 4.001 L28 N00'19'53 "WI 6.271 L29 S89'48'22 "WI 23.401 L30 S89 10'47 "E I 29.251 L32 I SOO'46'46 "WI I 48.221 1-331 S89'48'22 "WI 37.191 SEE PAGE 2 FOR CURVE TABLE TRANSI E E/:=,7 TEMPORARY. CONSTRUCTION EASEMENT PAGE 1 CONTINUED ON PAGE 2 (D EI L� O o If_ o g "i t il Q Lt 1 y 30' \-POB 6 I i 30' f r L���\ SOUTHI 1-24 AREA! 5.0' TYP. [O W I z N o w J Of 1 i Ch f L 1-25 U, LDS, N C7� L1 y C18 L29 C1 C8y it 30' C Q I il 30' I!P Imo. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.20141 f, 425.827.5043 Civil 1 Structural 1 Planning 1 Survey paceengrs.com DATE: 03/19/12 BY: FW 229 EXHIBIT Ce City of Tukwila Andover Park West Temporary Construction Easement Description Tax Parcel No. 0223100070 That portion of Tract 7, Andover Industrial Par]: No. 2, according to the plat thereof recorded it] Volume 71 of Plats, pa- s 68 and 69, iu King County Washington, lying southerly of a line drawn parallel with the south line of Balser Boulevard, and 459 feet southerly thereof, as measured at right angles to said south line, said casement being more particularly described as follows: Commencing at the northwest corner of the above described parcel; Thence South 89 °42'31" East along said north line a distance of 10.00 feet to the east line of existing 10.00 foot utility easement per said plat of Andover Industrial Par]: No. 2 and the POINT OF 131 GINNING; Thence South 00 °'1 1'38" East, along said easement, a distance of 304.89 feet to the beginning of a tangent curve concave to the northeast and having a radius of 40.00 feet; Thence southeasterly along the are of said curve and easement line, through a central angle of 28'50'29" a distance of 18.04 feet; Thence northerly, parallel with or at right angles to, the centerline of said Andover Park West, through the following courses: North 00 °11'38" West a distance of233.83 feet; Thence North 89'48'22" East a distance of 22.50 feet; `thence North 00° 11'38" West a distance of 59.85 feet; Thence South 89 °48'22" West a distance of 19.50 feet; Thence North 00° 11'38" West. a distance of 28.59 feet to the north line of the above described parcel: Thence North 89'42'31 West along said north line a distance of 7.00 feet to the POINT OF BEG I1\tN IN G. Situate in the City of Tukwila, County of Ding, State of Washington, The above described easement areas contain 2,700 square feet, more or less. tam -1420 `1 LA P:AP09W9603.13 Final Dcsi -n \doss \IBI -Tukwila Parcel 0223100070 Temp Esmt.doc 230 EXHIBIT MAP I I\ Ni PARCEL 0223100075 ANDOVER PARK WEST PARCEL 0223100070 PARCEL 0223100070 CONC. TEMPORARY CONSTRUCTION L3 EASEMENT POB 00 ct� LINE TABLE 0223100070 A LINE BEARING I LENGTH I Qr: L2 1-11 S89 "E 10.001 1-21 N89'48'22"E 22.50 L3 S89 '45'2 2 "W 19.501 L4 N00 1'38 1 28.591 00 L51 N89 "W 7.00 10 V) t I Co _j m 4.00' TEMPORARY CONSTRUCTION EASEMENT AREA 7' 10.00' ASPH. PARKING 3!0 30- A= 25'5 F R 40, 00' 10.00' ESMI L= 1 8.04' PER PLAT ('0 Uf— WAL K S TRA NDER BL VD. N89'32'46"W 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. SCALE: 1 50' FILE: 425.827.2014 1 f� 425.827.5043 \EASEMENT EXHIBIT.DWC (PRACEM DATE: 03/17/12 BY: FW PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com 231 EXHIBIT City of Tukwila Andover Park West Temporary Construction Easement Description Tax Parcel No. 0223100075 That portion of Tract 7, Andover Industrial Park No. 2, according to the plat thereof recorded in Volume 71 of Plats, pages 68 and 69, in King County Washington, lying north of a line drawn parallel with the south line of Baker Boulevard, and 459 feet southerly thereof, as measured at right angles to said south line, said easement being more particularly described as follows: Commencing at the southwest corner of the above described parcel; Thence North 89 °42'31" West along said south line a distance of 10.00 feet to the east line of existing utility easement per said plat of Andover Industrial Park No. 2 and the POINT OF BEGINNING; Thence North 00 °11'38" West, along the east line thereof, a distance of 408.67 feet to the beginning of a tangent curve concave to the southeast and having a radius of 40.00 feet; Thence northeasterly along said east line and the are of said curve, through a central angle of 34 °24'41" a distance of 24.02 feet; Thence parallel with or at right angles to the centerline of Andover Park West, through the following courses: South 00 °1.1'38" East a distance of 125.41 feet; Thence North 89 °48'22" East a distance of 21.00 feet; Thence South 00 °11'38" East a distance of 33.90 feet; Thence South 89 °48'22" West a distance of 21.00 feet; Thence South 00 °11'38" East a distance of 198.09 feet; Thence North 89 °48'22" East a distance of 20.50 feet; Thence South 00 °11'38" East a distance of 33.59 feet; Thence South 89 °48'22" West a distance of 20.50 feet; Thence South 00 °11'38" East a distance of 40.35 feet to the south line of the above described parcel; Thence North 89 °42'31" West along said south line a distance of 7.00 feet to the POINT OF BEGINNING. Together with the following describe easement area; Commencing at the southwest coiner of the above described parcel; Thence North 89 °42'31" West along said south line a distance of 10.00 feet to the east line of existing utility easement per said plat of Andover Industrial Park No. 2; Thence North 00 °11'38" West, along the east line thereof, a distance of 408.67 feet to the beginning of a tangent curve concave to the southeast and having a radius of 40.00 feet; Thence northeasterly along said east line and the are of said curve, through a central angle of 57 °21'45" a distance of 40.04 feet to the POINT OF BEGINNING of the easement area herein described and the beginning of a compound curve concave to the south and having a radius of 40.00 feet; Thence easterly along said curve and existing utility easement through a central angle of 33 °07'23" a distance of 23.12 feet; PAP09109603.13 Final DesignldocsUB1 Tukwila Parcel 0223100075 Temp Esint.doc 232 Thence continuing along said easement, South 89 °42'31 "least, a distance of :106.48 feet Thence South 00 °17'29" West, at right angles to said easement, a distance of 6.50 feet; Thence North 89 °42'31" West, parallel with said easement, a distance of 427.85 f=eet to the POINT OF BEGINNING. Situate in the City of "1'ukwita, County of King, State of Washington, The above described easement areas contain 5,155 square feet., n or less. PAP 09\0960:3.13 Filial Design \docsAB1 Tukwila Nice] 0223100075 Temp Esmt.dou 233 ANDOVER PARK WEST PARCEL 0223100075 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA SEE SHEET 2 FOR LINE TABLE JU SHEET 1 OF 2 CONTINUED ON SHEET 2 lakf Ln JI |pj 0 00 4� BUILDING i 30 Co P&] PARCEL O223l00075 PARCEL 0223100070 CONC. 11255 Kirkland Way Suite 300 Kirkland, WA 98033 /z425�8272014�[425�82� 7�43 SCALE: 1 50' qL cj 7e F/�E�\c��cu�wTExm�T�owo Ck��S�uo�m|� —'�'----y DATE: 03/17/12 g» rw *'amm;»mwo�x�ocvm�� pa�mngm.cnm pROu, m[I:09503.13 EXHIBIT MAP SHEET 2 OF 2 ANDOVER PARK WEST PARCEL 0223100075 TEMPORARY CONSTRUCTION EASEMENT LINE TABLE 0223100075 LINE I BEARING LENGTH TEMPORARY CONSTRUCTION L11 S89'42'31 "E 10.00 EASEMENT AREA L21 N89'48'22 "E� 21.00 C L31 S00'1 1'38 "E I 33.901 L41 S89'48'22 "W 21.001 L51 N89'48'22 "E 20.501 CURVE TABLE 0223100075 L61 SO0'11'38 "E 33.591 CURVE I LENGTH I RADIUS I DELTA I L71 S89'48'22 "W 20.501 C11 24.021 40.00 34'24'41 "1 L81 S00'11'38 "EI 40.351 C21 16.021 40.00 22'57'04 "1 L9 N89 "W 7.00 C31 23.121 40.00 33'07'23 L10 N00'1 7'29 "E 6.501 I I r yuuu.xntumf: mubnn.tc v o BAKER S89'42'31 "E BL VD. o o V 10.00' ESM'T I 17 PER PLAT 3 106.48' N89 42 31 °W 11 121 �5' �L10 Ln Cr PARCEL 02231000751 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 SCALE: 1" 50' (VACum FILE: \EASEMENT EXHIBIT,DWC Civil Strucfural Planning Survey DATE: 02/29/12 BY: FW PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com 235 I _o_. 30' 3'p CONTINUED FROM SHEET 1 OF 2 PARCEL 02231000751 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 p. 425.827.2014 1 f. 425.827.5043 SCALE: 1" 50' (VACum FILE: \EASEMENT EXHIBIT,DWC Civil Strucfural Planning Survey DATE: 02/29/12 BY: FW PROJ. NO.: 09603.13 An Engineering Services Company paceengrs.com 235 EXHIBIT E City of Tukwila Andover Park West Temporary Construction Easement. Description Tax Parcel No. 0223 0000 10 That portion ofTract 1, Andover fildustrial Park No. 1, according to the plat thereof recorded in Volume 66 of Plats, page 36, in ling County Washington, Except that portion thereof conveyed to the City of Tllk ila by deed recorded under Recording No. 8602100678, described as follows: I3E.GINNING at tale southwest corner of the above described parcel; Thence North 00 °14'09" West, along the west line thereof and tale east margin Of Andover Part: Wesi, a distance of 130.19 feet; Thence southerly, parallel with or at right angles to, the centcrlinc of said Andover Park. W'e.st through the following courses: Thence North 89 °45'51 East a distance of 32.00 feet; Thence South 00° 14'09" East a distance of 43.50 feet; Thcncc South 89 °45'51" West a distance of 22.50 feet; Thence South 00° 14'09" Last a distance of 86.78 feet to the south line of said Tract 1; Thence North 89 °42'31 West along said south line a distance of 9.50 feet to the POINT OF BEIGINNFNG Situate in the City of'T'ul«vila County of Bing, State of WashinL The above described easement areas contain 2,215sduare feet, more or less 01�/z P:T09 \09603.13 Final Design \does \It31 I Wila Parcel 0223000010 Temp Gsmt.doc M -i E Jw lL i1 ANDOVER PARK WEST PARCEL 0223100010 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT AREA N88'38'00"E TUKWILA PARKWAY WALK 30' SCALE: 1" 50' FILE: \EASEMENT EXHIBIT,DWG DATE: 03/17/12 BY: FW PROJ. NO.: 09603.13 l i z 4 2' xco x ASPHALT PARKING LOT 6 BUILDING ct N89 "45'51 "E 3 Uj b r, Z Lnj L6 V) -,\j S89'45'51 "W 22.50' 00 CD BUILDING 0 42' CD kn 9, 5 PARCEL 0223000010 S89'42'�I1"E 40' i PARCEL 0223000020 i P08 An Engineering Services Company 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 P. 425.827.2014 1 f. 425.827.5043 30 Civil I Structural I Planning I Survey 237 r�•� COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review 05/21/12 7P ITEM INFORMATION STAFF SPONSOR: MINNIE DHALIWAL ITEMNO. Council review 7 ORIGINAL AGENDA DATE: AGENDA ITEM TITLE 10% annexation petition for Tukwila's Potential Annexation Area(PAA) -North Highline CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05121112 Mtg Date 05121112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW SPONSOR'S The property owners representing at least 10% of the assessed value of the proposed SUMMARY annexation area of Tukwila's PAA in the North Highline area have submitted their intent to commence annexation proceedings. City Council is being asked to accept the 10 0 /0 petition and authorize the circulation of 60% petition for annexation. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 05/21/12 MTG. DATE 05/21/12 RECORD OF COUNCIL ACTION ATTACHMENTS Information Memorandum dated 5/17/12 Detailed procedures and flowchart of the petition method of annexation 10% petition including the map and legal description of the proposed annexation area 239 240 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Committee of the Whole FROM: Jack Pace, Department of Community Development Director BY: Minnie Dhaliwal, Planning Supervisor DATE: May 17, 2012 SUBJECT: 10% Request for Annexation for Tukwila's Potential Annexation Area in North Highline Annexation Area. ISSUE Should the City Council accept the 10% petition and allow the property owners to gather signatures on the 60% petition? BACKGROUND Tukwila designated the North Highline area as a potential annexation area (PAA) in the City's Comprehensive Plan in 1995.The City of Seattle has also designated a PAA that includes a much larger area of unincorporated North Highline that overlaps with Tukwila's PAA. There are no overlap issues between Burien and Tukwila's PAA. The Burien City Council adopted a resolution on April 2, 2012, requesting King County to place annexation of its PAA on the November 6, 2012, General Election ballot. The Community Affairs and Parks Committee was briefed on this issue on March 14, 2011, and the Committee of the Whole was briefed on March 28, 2011. On April 4, 2011, Tukwila City Council adopted the resolution number 1737 to commence negotiations with King County for an Interlocal Agreement with King County. The Community Affairs and Parks Committee was briefed on July 27, 2011, informing them that staff and administration will be meeting with the property owners and reviewing the feasibility of other methods of annexation. There are a number of methods of annexation including election, petition and Interlocal Agreement method. Since then administration and staff has met with some of the property owners in the area. DISCUSSION At this time property owners representing at least 10% of the assessed value of the proposed annexation area of Tukwila's PAA have submitted their intent to commence annexation proceedings. City Council is being asked to accept the 10% petition. Pursuant to RCW 35A.14.120, the City Council shall set a date, no more than sixty days after the filing of this request, for a meeting with the signers to determine whether the Council will accept, reject or modify the proposed annexation. Additionally, if the Council accepts the 10% petition, it must also determine whether: 1. The simultaneous adoption of proposed zoning regulations shall be required; and 2. The assumption of all or any portion of existing city indebtedness by the area to be annexed shall be required. 241 INFORMATIONAL MEMO Page 2 By accepting the 10% petition, City Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries. After the 60% petition is signed the City Council will be asked to hold a public hearing and accept the 60% petition. It will then be submitted to King County Boundary Review Board for approval. The detailed steps involved with the petition method of annexation are attached to this memo. FINANCIAL IMPACT Preliminary fiscal analysis indicates that additional revenue will likely exceed the costs associated with the annexation. RECOMMENDATION Accept the 10% Request as submitted, authorize the circulation of the Petition for Annexation (60% petition) and require both the simultaneous adoption of zoning and the assumption of all existing city indebtedness. ATTACHMENTS Detailed procedures and flowchart of the petition method of annexation 10% petition including the map and legal description of the proposed annexation area MVA Detailed Procedures for 60% Petition Method of Annexation (RCW 35A.14) 1. Community initiates preliminary petition: The initiating party or parties (owners representing not less than 10% of the value of properties) give notice to the City Council of their intention to commence annexation. Preliminary petition is provided to City. 2. City Council decision: City Council meets with the initiating party and accepts, rejects or modifies annexation. May require area to adopt Comprehensive Plan assume portion of indebtedness. No appeal from Council decision. (Time Period: Council meets within 60 days of 10% petition) 3. Community initiates 60% petition after the City Council approves annexation. Petition with signatures of owners representing not less than 60% of the value of properties or acreage must be provided to the City. King County Assessor validates notifies. With a validated petition, the City Council holds a public hearing and makes a decision. (Time Period: Signatures valid for 180 days. Assessor must process with "reasonable promptness. City Council hearing as soon as possible) 4. City submits a Notice of Intention to Annex (NOI) to the King County Boundary Review Board (BRB). NOI includes the rationale for annexation, legal documents, maps, service data, and compliance with state /regional law. (Time Period: Immediately after the City Council action) 5. BRB Process: BRB coordinates NOI review by County agencies, other affected agencies, and public. Reviews NOI at a Board meeting. Holds a public hearing if jurisdiction is invoked. Takes action to approve, deny or modify the application. (Time Period: 120 day maximum, with possible extensions for public hearing) 6. Appeals Process: BRB decision can be appealed. Issues dictate whether appeal is to BRB, to Superior Court or to Growth Management Hearings Board. (Time Period: 10 days to appeal to BRB; typically 30 days to Superior Court or GMHB) 7. Annexation Approval Process: a) With BRB Approval: City finalizes. City adopts annexation ordinance setting terms for adoption of Comprehensive Plan assumption of debt. Area joins city. (Time Period: Open usually 30 -60 days) b) With BRB Changes: If the BRB modifies annexation, next actions are based on change for example if BRB reduces area, change is acceptable to community, the modified annexation can be submitted to City Council to adopt per previous direct petition method. If BRB makes other changes to area, a new petition may be required. (Time Period: Based on modifications c) With BRB Denial: If BRB denies annexation, then proposed annexation cannot be resubmitted for 12 months. A new proposal including some properties within the original area (e.g., smaller area, different area) can be submitted sooner. 8. Becoming a part of the City: When annexation is completed (e.g., ordinances /resolutions adopted), and filed with State, the area joins City. The City will conduct a census of the annexed area. The information will become the basis for establishing representation, service levels, revenues and costs. (Time Period: Open generally occurs within 3 months.) 243 direct petition annexation process chart Request for Annexation to Tukwila The undersigned property owners hereby notify the City of Tukwila of the property owners' intent to commence annexation proceedings pursuant to RCW 35A.14.120. At least 10% of the proposed annexation territory is owned by the undersigned and a map and legal description of the full area proposed for annexation is attached to this petition. This fulfills the 10% requirement of RCW 35A.14.120. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 000160 -0046 Assessor's Tax Lot Number 932214 1h Avenue South. Seattle, 98108 Property Address Driftwood Developments LLC Property Owner Name (Printed) Warren Beardslev Property Owner Signa 16209 Crescent Dr' SW, Vashon. WA 98070 Property Owneriling Address 5/14/12 Date 000160 -0037 Assessor's Tax Lot Number 9300 14 Avenue South, Seattle, 98108 Property Address Driftwood Develotments LLC Property Owner Name nted) Warren Beardslev Property Owner ure 16209 Crescent rrive W Vashon, WA 98070 Property Owner Mailing Address 5/14/12 Date 000160 -0042 Assessor's Tax Lot Number 1425 14 Avenue South, Seattle. 98108 Property Address Driftwood Developments LLC Property Owner Name /Veashon. Warren Beardslev Property Owner Signa 16209 Crescent Drive WA 98070 Property Owner Mailing Address 5/14/12 000160- 0050 -05 Assessor's Tax Lot Number 9320 15 Avenue South Property Address Harsch Investment Properties LLC Property Owner Name (Printed) Robert L. Aianer Property Owner Sg"natute���'% 1121 SW Salmon Street. Portland. OR 97205 Property Owner Mailing Address 5/14/12 Date 245 Request for Annexation to Tukwila The undersigned property owners hereby notify the City of Tukwila of the property owners' intent to commence annexation proceedings pursuant to RCW 35A.14.120. At least 10% of the proposed annexation territory is owned by the undersigned and a map and legal description of the full area proposed for annexation is attached to this petition. This fulfills the 10% requirement of RCW 35A.14.120. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 2-4) Assessor's Tax Lot Number Assessor's Tax Lot Number 9 2 1 A ,s.. Property Address ff j.e Lc -IM Property Address <J LI I/xI A JQ rX t` o Property Owner Name (Printed) Property Owner Name (Printed) Property Owner Signature Property Owner Signature 14W A -K Property Owner Mailing Address J.J4 Wle Property Owner Mailing Address Date Date Assessor's Tax Lot Number Assessor's Tax Lot Number Property Address Property Address Property Owner Name (Printed) Property Owner Name (Printed) Property Owner Signature Property Owner Signature Property Owner Mailing Address Property Owner Mailing Address Date Date M: Request for Annexation to Tukwila The undersigned property owners hereby notify the City of Tukwila of the property owners' intent to commence annexation proceedings pursuant to RCW 35A.14.120. At least 10% of the proposed annexation territory is owned by the undersigned and a map and legal description of the full area proposed for annexation is attached to this petition. This fulfills the 10% requirement of RCW 35A.14.120. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 562420- 0021 -06 Assessor's Tax Lot Number 1608 S 96th St Seattle, 98108 Property Address Delta Marine Industries, Inc. Property Ow e rinte ProperyOwne ig ure Same as above Property Owner Mailing Address 5 J Date 562420 0005 -06 Assessor's Tax Lot Number 1835 S 96th Street, Seattle, 98108 Property Address Delta Marine Industries, Inc. Property O r N e rinted�) Property Owne SigpZure Same as above Property Owner Mailing Address 511-71/2 Date 562420 0006 -05 Assessor's Tax Lot Number 1745 S 96th St Seattle, 98108 Property Address Latitude Fort even, LLC Property O r e rinte Prope y Owne Si ture Same as above Property Owner Mailing Address 5 //7 Z Date Assessor's Tax Lot Number Property Address Property Owner Name (Printed) Property Owner Signature Property Owner Mailing Address Date 247 M 249 north highline annexation area map 250 PROPOSED ANNEXATION AREA THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 32 AND SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., AND OF THE NORTHWEST QUARTER OF SECTION 4 AND NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF WESTERLY MARGIN STATE ROUTE 99 WITH THE NORTH LINE OF TRACT 55 OF MOORE'S FIVE ACRE TRACTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY WASHINGTON; THENCE EASTERLY ALONG SAID NORTH LINE OF TRACT 55 AND CONTINUING ALONG THE EASTERLY EXTENSION THEREOF TO THE THREAD OF THE DUWAMISH WATERWAY; THENCE NORTHERLY ALONG SAID THREAD OF THE DUWAMISH WATERWAY TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF MCNATT'S IT ADDITION TO SOUTH PARK HEIGHTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 9, RECORDS OF KING COUNTY, WASHINGTON, SAID LINE ALSO BEING THE EASTERLY EXTENSION OF THE PRESENT LIMITS OF THE CITY OF SEATTLE; THENCE WESTERLY ALONG SAID SOUTH LINE AND ALONG SAID LIMITS OF THE CITY OF SEATTLE TO THE EAST MARGIN OF 12' AVENUE SOUTH; THENCE SOUTHERLY ALONG THE EXTENSION OF SAID EAST MARGIN OF 12 AVENUE SOUTH AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED EASTERLY; THENCE WESTERLY ALONG THE EXTENSION OF SAID SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE INTERSECTION OF THE SOUTH LINE OF EXCELSIOR ACRE TRACTS NO.2 AS RECORDED IN VOLUME 9 OF PLATS, PAGE 48, RECORDS OF KING COUNTY, WASHINGTON WITH THE WESTERLY MARGIN OF SAID STATE ROUTE 99; THENCE LEAVING SAID PRESENT LIMITS OF THE CITY OF SEATTLE, SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE 251 INTERSECTION WITH THE EAST LINE OF THE WESTERLY 178.51 FEET OF TRACT 8 OF SAID MOORE'S FIVE ACRE TRACTS; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE NORTH MARGIN OF SOUTH 96' STREET; THENCE EASTERLY ALONG SAID NORTH MARGIN OF SOUTH 96 STREET TO THE INTERSECTION WITH THE WESTERLY MARGIN OF STATE ROUTE 99; THE SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE INTERSECTION WITH THE NORTH LINE OF SAID TRACT 55 OF MOORE'S FIVE ACRE TRACTS AND THE POINT OF BEGINNING. 252 Cit,V of Tukwila Jim Haggerton, Mayor CITY ADMINISTRATOR REPORT TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: May 16 2012 SUBJECT: Report for May 21, 2012 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. The report consists of information provided by the Executive Team, with editing and input by the City Administrator. Please let me know if you have any questions or need additional information about any of the following items, and please feel free to contact any of the department heads for additional information. I. Intergovernmental and Local Issues Update MEETINGS Tukwila School District: On May 15, 2012 the City Administrator and staff from Community Development and Economic Development met with staff from the Tukwila School District to discuss the District's long term plans for the school bus parking lot in Riverton. Chamber of Commerce: At the Chamber's monthly membership lunch on May 11, 2012, Seattle Southside Program Manager Katherine Kertzman was the keynote speaker. In celebration of National Tourism month, she spoke about the economic value of travel and tourism in our local, regional, state, and national economies. Over 70 people who work in the local tourism industry were in attendance. King County Aerospace Alliance: On May 3, 2012 Economic Development staff attended the King County Aerospace Alliance (KCAA) quarterly meeting at Orion Industries in Federal Way. Orion is a highly respected company that assembles mechanical parts for the aerospace industry while also providing job training and placement. The Alliance members provided updates on their work to retain and expand the aerospace industry. More information is available on the King County website. Rental Car Facility Opening: The City Administrator attended the opening on May 9 of this more than $400 million facility which is funded through an additional tax on rental cars. The facility will double the amount of cars available and can handle 14,000 transactions each day. Highline Forum Meeting: In preparation for the upcoming Highline Forum meeting on May 23, the participating City Managers and City Administrator met with Mark Reis, Airport Director on May 10 to discuss how best to utilize this cooperative forum of the cities and the Port. This issue will be on the upcoming Highline Forum agenda for further discussion. 253 City Administrator Report Page 2 Department Updates HUMAN SERVICES DIVISION Requests for Funding: Staff from Human Services received 46 applications for human services funding, in the total amount of $471,501. The Human Services Advisory Board will be reviewing the applications this spring and summer, with a recommendation forthcoming to the Mayor's Office and City Council. Requests for Assistance: In the first quarter of 2012, staff from Human Services received 546 requests for assistance, with 327 being for rental or utility financial assistance. Thirty households were provided financial assistance, fulfilling approximately 10% of the need. Cultural Awareness: Staff from the Human Services Division will be visited by 3 representatives from the Inter Religious Council of Bosnia and Herzegovina, sponsored by the World Affairs Council of Seattle. These organizations have interest in discussing demographic changes in Tukwila, and how human service programs have evolved and adapted to serve Somali refugees. PARKS AND RECREATION New Service to the Community: Staff from Parks and Recreation and Human Services worked collaboratively to begin a SeaTac/Tukwila Hyde Shuttle, with a tentative start date of June 1, 2012. Service will be provided to seniors 55 years of age and older as well as people with disabilities of any age. The free shuttle will transport patrons anywhere within the city limits of SeaTac and Tukwila. Trips to Highline Medical Center are also being considered as part of the service. Backyard Wildlife Festival: This event was held on May 12, 2012 with approximately 1,000 people in attendance. The Tukwila Arts Commission hosted their annual Art Shows at the event, where nearly 75 pieces of art were displayed. City departments also had booths at the event for Parks and Recreation programs, Storm and Surface Water information from Public Works, and Pet Licensing Information from the City Clerk's Office. Service Grants: A continuation grant from the Raikes Foundation in the amount of $5,000 has been requested to continue support for teen programs. Tukwila qualifies for the Child and Adult Care Food Program which offers reimbursement for snacks provided during afterschool programs. We anticipate reimbursement up to $6,100 per year for program snacks, supplies, and administrative time spent in snack coordination. Staff Recognition: Dave Johnson, Recreation Superintendent, received the Washington Recreation and Park's Association President's Award. The award is given annually to one individual who has made a significant contribution to the organization and is one of the highest awards offered by the organization. Dave was noted for his contribution to the Executive Board (serving as treasurer), leading the membership committee, and overall contribution to the organization. FIRE Emergency Management Community Emergency Response Team (CERT): The CERT program is designed to teach participants skills they can apply following a wide -scale disaster, until professional responders are available. Skills include light search and rescue, fire suppression, medical triage and treatment, and team coordination. The first training series is currently underway, with the next series beginning in late September. 254 Z:I CityAdministratorReports20l2 \CAReponMay2l- 2012FINAL.docx City Administrator Report Page 3 PUBLIC WORKS Youth Education and Outreach: As outlined in the 2012 Surface Water Management Program, one of the program elements is Public Education and Outreach. Staff from Public Works will be giving a stormwater presentation to students of three 5 th grade Science Classes at Tukwila Elementary. The presentation will include a video on storm water pollution, a walk outside to compare their drainage system to the one in the video, and a few students will place storm drain markers at three catch basins. There will also be an opportunity to sign pledge cards and participate in a group photo for the Tukwila Reporter. COMMUNITY DEVELOPMENT Safe Routes to School Grants: On May 4, 2012 Staff from the Department of Community Development has submitted two Safe Routes to School (SRTS) grant applications to the Washington State Department of Transportation (WSDOT). The grant applications include projects in the school zone areas of Cascade View Elementary and Thorndyke Elementary. The funding request for the project at Cascade View Elementary is in the amount of $427,588 and includes construction of a trail separated from the roadway that connects the south end of the school to South 140 Street. The funding request for the project at Thorndyke Elementary is in the amount of $457,000 and includes construction of a sidewalk on the north side of South 150 Street between 42 Ave. South and Tukwila International Blvd. If the applications are successful in receiving funding, the Cascade View SRTS application would be awarded in summer 2012 and the Thorndyke application would be awarded in summer 2013. Z: kCityAdministratorReports20l21CAReportMay2l- 2012FINAL.docx 255 256 Upcoming Events May/June 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) 25th (Friday) 26th (Saturday) Transportation Finance COPCAB, Planning Spray Park Now Crate, Safety Crate, 6:30 PM Commission, Open! 5:15 PM 5:15 PM (CR 3r5) 6:30 PM 10:00 AM to (CR 41) (CR #3) (Council 8:00 PM daily Chambers) (weather permitting). Library Tukwila Community City Council Advisory Board Center Executive 7:00 PM Session, (Foster Library) 6:00 PM Date changed Tukwila int'l. Blvd. City Council from May 16. Action Crate's Regular Mtg., Trash Pickup Day 7:00 PM 9:00 10:00 AM (Council Chambers) For location contact Rick at rick@forschler.org 28th (Monday) 29th (Tuesday) 30th (Wednesday) 31st (Thursday) 1st (Friday) 2nd (Saturday) Memorial Day Community Utilities Crate, City offices closed Affairs Parks 5 PM Crate, (CR 91) 5: 00 PM (CR #3) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) Arts Commission: I st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342. Chamber of Commerce's Tukwila Government and Community Affairs Committee: I st Tues., 12:00 Noon, Chamber Offices. Contact Lynn Wallace at 206 -575 -1633. ➢City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf Room 43. Contact Kim Gilman at 206 431 -2187. ➢Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf Room #3 COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf Rm #5. Phi Huynh (206- 433 7175). ➢Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 433 -1850. ➢Finance Safety Committee: I st 3rd Tues., 5:15 PM, Conf Room 93. (A) Fireworks permit. (B) Contract for managed print services (C) Reserve policy Additional revisions (D) New position in the Mayor's Office. ➢Human Services Advisory Brit: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 -433 -7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342. ➢Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kert_man at 206 -575 -2489. ➢Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson at 206- 767 -2308. Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670. Sister City Committee: Quarterly, 5:30 PM, Tukwila Community Center. Contact Tracy Gallaway at 206 767 -2305. Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf Room 91 (A) Tukwila Urba)? Center Pedestriara/Bicycle Bridge Twin Tied Arch Bridge Architectural Selection. (B) Grant Applications for State d- Federal Funds PSRC Federal Funds 2012 Call for Projects. (C) Development Agreement Procedures Referral to Planning Commission Needed. ➢Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage Cultural Center, 14475 59 h Avenue S. Contact Pal Brodin at 206- 433 -1861. ➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 433 -1815. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf Room 41 257 entative Agenda -t MONTH MEETING 1, MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W: REGULAR 'C.O.W. May 7 14 21 29 (Tuesday) See agenda packet Special Presentations: cover sheet for this Update from the week's agenda Tukwila International (May 21, 2012 Boulevard Action Regular Meeting) committeee (TIBAC). Special Issues: Cascade Water Alliance Interlocal. June 4 11 Unfinished Business: Cascade Water Alliance Interlocal. An ordinance adopting the Development Agreement between the City of Tukwila and Riverton Development Company regarding development of land along East Marginal Way South. W 258