HomeMy WebLinkAboutCOW 2009-04-13 COMPLETE AGENDA PACKET Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder
Rhonda Berry, CityAdministrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy s• De'Sean Quinn
Monday, April 13, 2009, 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
to be led byRuth Dykeman Youth and Family Services.
2. SPECIAL Update on services provided by Ruth Dykeman Youth and Family Services;
PRESENTATIONS Jennifer Higgins, Clinical Supervisor and Liz Lang, SubstanceAbuse Counselor.
3. 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.
4. SPECIAL a. Tukwila South Project overview. Pg.l
ISSUES b. Storm water easement for property at South 112th Street and Tukwila Pg.7
International Boulevard.
c. General Fund contribution to Equipment Rental Fund. Pg.21
d. Contract with Community Schools Collaboration of Tukwila. Pg.27
e. Design report consultant selection for the Walk and Roll Plan. Pg.39
(Please bring your copy of the Washington D.C. briefing notebook.)
f. Contract for Foster Golf Links restaurant. Pg.57
g. Contracts for Animal Control Services. Pg.101
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. 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 /TDD 206 248 -2933. This notice is available at
www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
CAS NUMBER: 09-041
CATEGORY
SP( )Nti()R
Si )NSOR'S
SE \1M. \RY
RI'\'II? \\'l: ;D BY
Fund Source:
Conmzettts
MTG. DATE
4/13/09
MTG. DATE
4/13/09
0 0'1/
A(, END,\ ITI 1\1TrrLE Tukwila South Project
Discussion Motion
Alts Date 04/13/09 Mtg Date
EXPI',NDITURI; Rl?OU1R1,D
COUNCIL AGENDA SYNOPSIS
Initials
Meetin Date Prepared by Mgpo '.r review 1 Council review
04/13/09 LV I O. ,c.
I i s
ITEM INFORMATION
ORIGINALAGENDA DATE: APRIL 13, 2009
Resolution n Ordinance n Bid Atvarcl Public Heating Other
Mtg Date Mtg Date Mtg Date
n COW Mtg. 1 CA &P Cmte Pn F &S Cmte
Utilities Cmte I Arts Comm. Parks Comm.
RECORD OF COUNCIL ACTION
ATTACHMENTS
Distribution of notebooks to Councilmembers at the meeting
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office /Administration: recommend approval
C O I\M I\11 "1TI E
ITEM No.
Mtg Date Mtg Date
U Council Mayor n Adm Svcs H DCD 1 Finance n Fire I Legal 1 P&R U Police PA%
4/13/09 Introduction to Tukwila South Project and distribution of notebooks with background
material to Councilmembers for use in a series of work sessions and Council meetings.
5/18/09 and 5/26/09 Public Hearings. The Council is being asked to consider and authorize
the Mayor to sign the Development Agreement and approve land use actions, and ordinances
relative to the project.
Transportation Cmte
Planning Comm.
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
City of Tukwila
TO: Mayor Haggerton
Council Committee of the Whole
FROM: Lisa Verner, Mayor's Office
Shelley Kerslake, City Attorney
DATE: April 13, 2009
SUBJECT: Tukwila South Project
ISSUE
Over the next couple of months, Council is being asked to review and make decisions regarding
the Tukwila South Project. The Mayor recommends Council approval of a Development
Agreement for the Tukwila South Project, a proposed 10.3 million square foot development on
approximately 492 acres. The Mayor also recommends Council approve other related actions
concerning the Tukwila South Project.
BACKGROUND
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
The applicant is Mario Segale, through his company La Pianta LLC, which is managed by Metro
Land Development, Inc. Discussions between the City and La Pianta on the project began in
early 2004, with formal applications being submitted in May, 2005.
The proposal is called the Tukwila South Project, and the site is approximately 492 acres. Of
this, 22 acres are in Kent, are wetlands, and are located south of S 204 Street. Another 253
acres are in King County and proposed for annexation into the City of Tukwila. The final 217
acres are currently within the City limits. The general boundaries of the project are S 180
Street on the north, the Green River on the east, S 204 Street on the south, and Orillia Road /I-
5 on the west.
The project description has evolved over the last 4 years. The Tukwila South Project began as
14 Million square feet of development and was reduced because the traffic impacts could not be
mitigated and level of service standards would be exceeded. The current project description, as
the City understands it, is:
Approximately 10 Million square feet' of development consisting of a combination of
campus style research and office environments with a mix of other supporting uses such
as retail, residential, commercial, hotel and flex tech. Any mix of uses is acceptable as
well as any timing of development. The limiting factor is a total of 10,166 Net New PM
Peak Hour vehicle trips. Wetland fill will be mitigated through new creation, restoration
and enhancement.
For purposed of comparison, 10 Million square feet is 6 times the size of Southcenter Mall or 2 times the
size of the Tukwila Urban Center (TUC)
INFORMATIONAL MEMO
Page 2
DISCUSSION
The Administration, under the Mayor's direction, negotiated a Development Agreement with La
Pianta. The Development Agreement identifies the rules for development on the La Pianta
property. Along with the Development Agreement, La Pianta has submitted applications for
Zoning Code amendments, Subdivision Code amendments, approval of a Master Plan, a map
amendment to the Shoreline Master Plan /Program, a request for designation as a Sensitive
Area Master Plan Overlay District, and annexation of 258 acres into the City. Additionally, right
of -way vacations and donations and declarations of surplus City property are part of the
proposal.
The following schedule for Council review of the Tukwila South Project is proposed:
April 13
April 22
May 5
May 12
May 18
May 19
May 26
June 1
Committee of the
Whole
Special Meeting
Special Meeting
Special Meeting
Regular Meeting
Special Meeting
Committee of the
Whole
Regular Meeting
General overview of Tukwila South Project; distribution of
proposal and background materials to Council members
1 work session
2nd work session
3 work session
Public hearing on Development Agreement
4 work session
Public hearing on land use actions; Council discussion and
deliberation; forward items to next Regular Meeting
Council decision
A notebook with the recommended Development Agreement, a list of proposed Council actions,
and the background materials will be distributed to Council members at the Committee of the
Whole meeting on April 13. Staff will also provide an overview of the Tukwila South Project at
that meeting. Council members will then have a week and one half to review the documents;
during this time, staff will meet with individual Council members to answer questions and clarify
information presented.
Because of all the moving parts and interconnected parts associated with this agreement, staff
would like to present the Tukwila South Project proposal in a "topical" fashion: discuss topics
such as risk, financing, public works issues, development issues, and others, rather than page
by page or section by section. Each topic discussion will include subject matter experts to
present information and be available for questions.
La Pianta representatives will participate in the presentations of material to the Council. As
partners to the Development Agreement, La Pianta representatives can answer questions and
confirm support, as needed.
At the April 13 meeting, Council members will have an overview presentation and general
orientation. Due to the tight timeline for review and deliberation, Council members should
discuss and agree at this meeting how they wish to conduct the review process.
W:12009 InfoMemoslI nfoTu kSouth4- 13 -09. doc
INFORMATIONAL MEMO
Page 3
RECOMMENDATION
April 13 Information Only
May 18 Public Hearing on Development Agreement
May 26 Public Hearing on and use issues and continued Council deliberation on
Development Agreement and other Tukwila South issues; forward items to next
Regular Session on June 1, 2009
June 1
ATTACHMENTS
Approve Tukwila South Project Development Agreement, other land use issues,
and associated ordinances /motions. If additional deliberations become
necessary, decisions can be made up to June 15, 2009, to meet required
deadlines.
Tukwila South Project notebook dated April 13, 2009, distributed under separate cover
W:12009 I nfoMemosll nfoT ukSouth4- 13 -09. doc
CAS NUMBER: 09-042
CA 'I EGORY
SPONSOR
SPONSOR'S
SUMMARY
MTG. DATE
04/13/09
04/20/09
MTG. DATE
04/13/09
04/20/09
0 `J J-
Meeting Date
04/13/09
04/20/09
COUNCIL AGENDA SYNOPSIS
Mtg Date 04/13/09 Mtg Date 04/20/09 Mtg Date Mtg Date
REVIEWED BY COW Mtg.
Utilities Cmte
DATE: 03/24/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
Initials
Pre J M by May eviezv
7M
Council review
J
ITEM INFORMATION
ORIGINAL AGENDA DATE: APRIL 13, 2009
AGENDA ITEM TITLE Private Storm System Adoption and Rehabilitation Program
Storm Water Easement at S 112 St Tukwila Int'I Blvd (TIB) Vicinity
Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Council Mayor Adm Svcs DCD Finance E Fire Legal P&R Police Pr
The City has identified 25 locations throughout the City where the public storm drainage
system is routed through private parcels without a known easement. Drainage from South
112 St and TIB discharge into a private failing storm drainage system that needs repair.
The property owner, Carrossino Holdings, LLC, has agreed to line the existing pipe and has
requested that the City pay for half of this repair in exchange for an easement that
clarifies ownership and maintenance responsibilities. Council is being asked to approve the
easement with Carrossino Holdings in the amount of $35,500.00.
CA &P Cmte
Arts Comm.
II
Mtg Date
F &S Cmte
Parks Comm.
II
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$35,500.00 $200,000.00
Fund Source: 412.02 SURFACE WATER (PAGE 147, 2009 CIP)
Comments:
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 03/18/09
GIS Drainage Map
Easement
Minutes from the Utilities Committee meeting of 03/24/09
Planning Comm.
ITEM No.
Mtg Date Mtg Date
Transportation Cmte
APPROPRIATION REQUIRED
$0.00
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: March 18, 2009 V
SUBJECT: Private Storm System Adoption and Rehabilitation Program
Project No. 06 -DRO3
Storm Water Easement at S. 112 /Tukwila International Blvd. Vicinity
ISSUE
Approve a storm water easement and payment to Carrossino Holdings LLC.
BUDGET SUMMARY
Easement
attachments: GIS Drainage Map
Easement
Carrossino Budget (2009)
$35,500.00 $200,000.00
P: \PROJECTS\A- DR Projects \06 -DRO3 (Private Storm Adoption) \Design \Carrossino \InfoMemo Easement gt.doc
Jim Haggerton, Mayor
BACKGROUND
The City of Tukwila has identified approximately 25 locations throughout the City where the public
storm drainage system is routed through private parcels without a known easement. The City has an
active project to research these locations, secure easements where necessary, and design repairs
to ensure the reliability of the public drainage system.
City Staff has been working with Carrossino Holdings LLC, the owner of private property where
drainage from the vicinity of the South 112 intersection is discharged into a private failing storm
drainage system. The property owner has had several repairs made in the past few years to an
outfall and sinkholes within his parking area. A video inspection showed that the pipe has failing
joints and needs replacement or repair. The property owner has received a bid of $71,000.00 to line
the existing pipe and has asked the City to pay for half of this repair in exchange for an easement
clarifying ownership and maintenance responsibilities.
ANALYSIS
City staff has worked with the City Attorney's office to draft an easement that permits the discharge
of City stormwater into this private system and at the same time continues the ownership of the pipe
and future maintenance responsibly with the property owner. The reason for requiring the property
owner to maintain ownership and all future maintenance responsibilities is that the pipe is an integral
part of the private drainage system and that given the location and age of the pipe, there is a risk of
contaminated soils surrounding the pipe caused by private land use activities.
RECOMMENDATION
The Council is being asked to approve this easement and authorize a payment of $35,500.00 to
Carrossino Holdings, LLC and consider this item at the April 13, 2009 Committee of the Whole
Meeting and the subsequent April 20, 2009 Regular Meeting.
Stormwater System Map A milimmimmi 142 ft
S. 112th TIB Vicinity N CityGIS
httn•Hmang dipitalmancentral.com/nroduction/CitvGIS/v07 01 059/index.html
Page 1 of 1
Copyright 02006 All Rights Reserved. The information contained herein is the prorrietary propErty of the
contributor supplied under license and may not be approved except as licensed kni Digital Map Products.
03/19/2009
AFTER RECORDING RETURN TO:
City of Tukwila
Public Works Department
ATTN: Ryan Larson
6200 Southcenter Blvd.
Tukwila, WA 98188
Reference No.:
Grantor:
Grantee:
Carrossino Holdings LLC
Tax Parcel No.: 0423049153 and 0423049082
Recording No.:
City of Tukwila, a municipal corporation of the State of Washington
EASEMENT
THIS AGREEMENT made this day of 2009, between the GRANTOR,
Carrossino Holdings LLC, its successors, heirs and assigns, as owner of the following described
real property, for and in consideration of the sum of THIRTY FIVE THOUSAND FIVE
HUNDRED AND NO /100 DOLLARS ($35,500.00), and other good and valuable consideration,
receipt of which is hereby acknowledged, hereby conveys and grants to the GRANTEE, CITY
OF TUKWILA, a municipal corporation of the State of Washington, its successors and assigns, a
perpetual nonexclusive easement over, under, upon and across the following described property
(the "Burdened Property") for the purpose of discharging storm drainage and accessing a storm
drainage pipe. The Burdened Property is legally described as set forth in Exhibit "A," attached
hereto and by this reference incorporated herein.
The purpose of the Easement contemplated herein is solely for the discharge and conveyance of
storm water, which originates east of the Grantor's property, crosses the Grantor's property and
discharges into the Duwamish River. The Easement Area consists of ten (10) feet on either side
of the existing storm drainage pipe located on the Burdened Property and shown on Exhibit `B
The drainage pipeline, catch basins, outfall and appurtenances thereof as well as any and all
surfacing and other improvements shall remain under the Grantor's ownership. Any and all
maintenance of said improvements shall remain the Grantor's responsibility.
The Grantor shall retain the right to use the surface of said Easement Area and stoi ni drainage
pipe, so long as said use does not interfere with the existing capacity and proper functioning of
the storm drainage pipe.
Neither the Grantor nor the Grantee shall direct additional peak storm water flow volumes to the
storm water pipe.
General Provisions.
A. Access. Grantee shall have the right of access to the easement under, across, and
over the Property to enable Grantee to inspect and otherwise exercise its rights hereunder.
Grantor and Grantee herein acknowledge that access to all subsurface features by the Grantee
shall be limited to the drainage pipe itself, the catch basins, the outfall, and appurtenances. There
shall be no drilling or excavation without prior approval of the Grantor herein. Grantee shall
have the ability to be able to access through the use of television, i.e. mobile procedure wherein a
camera can be placed within the drain pipe.
B. Maintenance. Should maintenance be required with respect to the storm water
pipe, the parties hereto agree that the Grantor of said easement shall retain the exclusive right to
hire any contractor or organization whose services may be necessary to maintain said storm
drainage pipe. Grantor herein shall have the sole authority to deal with any entity that may be
hired or retained to provide maintenance or improvements with respect to the drain pipe.
C. Structures and obstructions. The Grantor, its successors, heirs, employees,
agents and assigns hereby warrants that it shall not cause any structure nor obstruction of a
temporary or permanent nature (including but not limited to, fences and/or walls) to be
constructed or allowed to remain in, over or upon the Easement Area herein granted with the
exception of any structures or obstructions currently in place.
D. Indemnification. Grantee shall hold the Grantor, and its employees, agents or
invitees, harmless from all costs, claims, or liabilities of any nature, including attorneys' fees,
costs, and expenses for or on account of injuries or damages sustained by any persons or property
resulting from the negligent activities or omissions of the Grantee resulting from this easement.
Grantor shall hold the Grantee and its officers, agents and employees harmless from all
costs, claims or liabilities of any nature including attorneys' fees, costs and expenses for or on
account of injuries or damages sustained by any persons or property resulting from the negligent
activities or omissions of the Grantor, or Grantor's employees, agents or invitees resulting from
this easement.
E. Attorneys' Fees. In the event that any suit or other proceeding is instituted by
either party to this instrument arising out of or pertaining to this instrument or the relationship of
the parties, including but not limited to the filing of a lawsuit, a request for an arbitration,
mediation, or other alternative dispute resolution process (collectively, "Proceeding and any
appeals and collateral actions relative to such a Proceeding, the substantially prevailing party as
determined by the court or as determined in the Proceeding shall be entitled to recover its
reasonable attorneys' fees and all costs and expenses incurred relative to such Proceeding from
the non prevailing party, in addition to such other relief as may be awarded.
F. Binding Effect. This instrument shall be binding upon and inure to the benefit of
the parties and their successors, heirs, assigns, and personal representatives and all persons
claiming by, through or under the parties hereto. The easement created by this instrument shall be
appurtenant, shall touch and concern the real property identified as Parcel A, and shall run with
the land.
G. Applicable Law. This instrument shall be governed by and construed in
accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit
arising out of or related to this instrument shall be exclusively within the state or federal courts of
King County, Washington.
H. Entire Agreement. This instrument contains the entire agreement between the
parties with respect to this matter. It may not be modified except in a writing signed by both
parties.
I. Waiver. Any waiver by a party of a breach of any provision of the agreement
contained within this instrument by the other party shall not operate or be construed as a waiver
of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by
the party against whom enforcement of the waiver is sought.
J. Severabilitv. If for any reason any portion of this instrument or any agreement
contained herein shall be held to be invalid or unenforceable, the holding of invalidity or
unenforceability of that portion shall not affect any other portion of this instrument or agreement
and the remaining portions of the instrument shall remain in full force and effect.
GRANTEE GRANTOR
CITY OF TUKWILA, WASHINGTON CARROSSINO HOLDINGS LLC
By: By:
Title: Mayor Title:
Date: Date:
Attest/Authenticated: Approved As To Form:
City Clerk City Attorney
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day of 2009, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Jim
Haggerton, to me known to be the person who signed as Mayor of the City of Tukwila, a
municipal corporation of the State of Washington, that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that he was duly
elected, qualified and acting as said officer of the corporation, that he was authorized to execute
said instrument for the purposes mentioned therein.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
Print Name:
Notary Public in and for the State of Washington,
residing at
My commission expires:
STATE OF WASHINGTON
)ss.
COUNTY OF KING
On this day of 2009, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Douglas G.
Carrossino, to me known to be the person who signed as of Carrossino
Holdings LLC, a Washington limited liability company that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
Limited Liability Company for the uses and purposes therein mentioned, and on oath stated that
he was duly elected, qualified and acting as said officer of the Limited Liability Company, and
that he was authorized to execute said instrument on behalf of the Limited Liability Company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
Print Name:
Notary Public in and for the State of Washington,
residing at
My commission expires:
Exhibit "A"
LEGAL DESCRIPTION OF PARCEL No. 0423049082
POR OF GL 10 IN SE 1/4 BEG ON NWLY MGN OF ST HWY N 18 -58 -45 E
869.36 FT FR NXN WITH N LN OF PL R/W TH S 18 -58-45 W 213.36 FT ALG
SD MGN TH N 71 -01 -15 W TO BANK OF DUWAMISH RIVER TH NELY ALG
SD BANK TO PT S 85 -16 -00 W OF BEG TH N 85 -16 -00 E 405.32 FT M/L TO
BEG
LEGAL DESCRIPTION OF PARCEL No. 0423049153
POR GL 10 DAF BEG SE COR SEC 04 -23 -04 TH S 89 -30 -50 W 425.78 FT
ALG S LN SD SEC TO NXN WITH C/L PACIFIC HWY S TH ALG SD C/L N 19-
01-25 E 701.94 FT TH N 70 -58 -35 W 50.00 FT TAP MARKED BY A NAIL SET
IN WLY MGN SD PACIFIC HWY S TPOB TH CONT N 70 -58 -35 W 416.49 FT
TAP APPROX 11 FT FR TOP OF BANK OF DUWAMISH RIVER, WH PT
HEREINAFTER DESIG POINT "A" IS MARKED BY A SET REBAR CAP,
TH CONT N 70 -58 -35 W 11 FT M/L TO TOP OF BANK OF DUWAMISH RIVER
TH SELY ALG TOP OF BANK OF DUWAMISH RIVER TAP APPROX 43 FT FR
BRG N 63 -36 -45 W FAP HEREINAFTER DESIG POINT "B" SD PT "B"
BRG S 46 -26 -28 W 160.92 FT FR POINT "A" AND MARKED BY A SET
REBAR CAP TH S 63 -36 -45 E 43 FT M/L TO POINT "B" TH CONT S 63 -36-
45 E 339.60 FT TAP TH S 17 -52 -02 W 34.75 FT TH S 70 -38 -21 E 153.09 FT
TAP MARKED BY REBAR CAP SET IN WLY MGN SD PACIFIC HWY S TH
N 19 -01 -25 E ALG SD WLY MGN 222.01 FT TO TPOB AKA LOT 1 KC LOT
LN ADJUSTMENT NO 8612050 APPROVED 14 MAY 1987
Legend
E:1,10, 20 Easement
Easement Location
Exhibit B
042 3049082
Not to Scale
UTILITIES COMMITTEE
Meeting Minutes
March 24, 2009 5:00 p.m. Conference Room #1
PRESENT
Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Frank Iriarte, Bob Giberson, Ryan Larson, Gail Labanara and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:06 p.m.
I. PRESENTATIONS
No Presentations.
t"\ ti, Committee Chair Approval
Minut by KAM. Reviewed by RL.
II. BUSINESS AGENDA
A. Stormwater Easement at South 112 Street/Tukwila International Boulevard Vicinity
Staff is seeking full Council approval of:
A storm water easement in the vicinity of South 112 and Tukwila International Boulevard;
and
A payment to Carrossino Holdings LLC in the amount of $35,500.
The location above is one of approximately 25 areas in the City where the public storm drain system is
routed through a private parcel without a known easement.
The property owner, Carrossino Holdings LLC, has agreed to provide an easement to the City clarifying
ownership and maintenance responsibilities of such in exchange for $35,500. This amount has been
determined as one -half of the cost of repair for the pipe in the private system which has failing joints. The
easement gives the City the right to discharge to this private pipe system and requires the property owner
to maintain the system in perpetuity. The City Attorney has reviewed and approved the proposed
easement language.
III. MISCELLANEOUS
Meeting adjourned at 5:18 p.m.
Next meeting: Tuesday, April 14, 2009 5:00 p.m. Conference Room No. 1.
City of Tukwila
Utilities Committee
This item will be funded through the Storm/Surface Water 412 Fund. UNANIMOUS APPROVAL.
FORWARD TO APRIL 13 COW FOR DISCUSSION.
CAS NUMBER: 09-043
Oq
COUNCIL AGENDA SYNOPSIS
Itzztzals
Meeting Date Prepared by 1 Mgyo s revien'
04/13/09 SH 1
04/20/09 SH 1 2454:
ITEM INFORMATION
Coznacil revie,a■
ORIGINAL AGENDA DATE: APRIL 13, 2009
Ac; I :ND.\ T 1'I :\1 TI I ]J General Fund contribution to the Equipment Rental Fund
C.\'1'I ,c;c )R1'
SP'O'NSOR
SP( )NSOR'S
\R\'
Fund Source:
Convnents:
MTG. DATE
04/13/09
MTG. DATE
04/13/09
04/20/09
Discussion Motion
n Council
Mtg Date 04/13/09 11 Ltg Date 04/20/09 Mtg Date Ititg Date
I1
Resolution Ordinance Bid Award
Mtg Date
Mayor 1 Adzn Svcs 1 1 DCD Finance 1 Fire 1 Legal
II
11ltg Date
P &R
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 04/01/09
Authorization for Transfer of Funds dated 04/01/09
Minutes from the Finance and Safety Committee meeting of 4/7/09
ITEM No.
Police
C
Public Hearing n Other
Mtg Date
This item will involve removal of the General Fund contribution for equipment replacement
to the Equipment Rental Fund for 2009. The departmental contributions will be moved out
of the departments and added back to Department 20 to prevent the funding from being
spent. The Council is being asked to consider and approve the budget amendment
removing departmental contributions to the Equipment Rental Fund for 2009.
RI 11 BY n COW Mtg. 1 CA &P Cmte F &S Cmte 1 I Transportation Cmte
n Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 04/07/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
COMM1 TEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
E\PEND1"1'URI. RI?(>UIRI?D AMOUNT BUDGETED
$464,964 $464,964
APPROPRIATION REQUIRED
P11/
TO:
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
FROM: Shawn Hunstock, Finance Directo
DATE: April 1, 2009
SUBJECT: General Fund Contribution to Equipment Rental Fund
Authorization for Transfer of Funds form
Jim Haggerton, Mayor
Given the current economic condition the City finds itself in, the administration is looking
for ways to reduce the overall level of expenditures in the General Fund. One of the
ideas being considered is not funding the equipment replacement contribution from the
General Fund to the Equipment Rental Fund for 2009, which would save $464,964. This
expenditure reduction would not affect the General Fund contribution to the Equipment
Rental Fund for operations and maintenance, which totals $1,115,298 for 2009.
The Equipment Rental fund (501) ended 2007 with over $3.3 million in cash, $6.1
million in Net Assets and $3.4 million in unrestricted fund balance. Preliminary estimates
for 2008 show revenue of $2.3 million and expenditures of $2.4 million, meaning the
cash and fund balance did not change substantially during 2008. During the last five
years, the Equipment Rental fund earned over $589,000 in investment income.
The attached Authorization for Transfer of Funds will move the budgeted equipment
replacement contributions for the General Fund out of individual departments and into
Department 20 to segregate the cost savings and prevent this amount from being spent.
Budgeted revenue for the Equipment Rental Fund will not be adjusted at this time until it
can be determined if this amendment is temporary or permanent.
The Council is being asked to approve the Authorization for Transfer of Funds and
consider this item at the April 7, 2009 Finance and Safety Committee meeting, the April
13, 2009 Committee of the Whole meeting and subsequent April 20, 2009 Regular
Meeting.
City of Tukwila
AUTHORIZATION FOR
TRANSFER OF FUNDS
Department: Finance Department Date: April 1, 2009
Under the provisions of Ordinance No. 2221, the following transfer of funds within the budget class is requested:
From:
Budget Line Item Number/ BAR
000.03.513.100.45.94 Mayor's Office
000.07.574.100.45.94 Parks Rec
000.07.574.200.45.94
000.08.558.100.45.94 DCD
000.08.558.600.45.94
000.10.521.100.45.94 Police
000.10.521.210.45.94
000.10.521.220.45.94
000.10.521.250.45.94
000.10.521.700.45.94
000.11.522.100.45.94 Fire
000.11.522.200.45.94
000.11.522.300.45.94
000.11.522.400.45.94
000.11.522.601.45.94
000.13.518.300.45.94 Public Works
000.13.532.100.45.94
000.13.532.101.45.94
000.13.532.200.45.94
000.15.576.800.45.94 Parks Maint.
000.16.543.300.45.94 Streets Div.
Total
Budget Line Item Number/ BAR
To: 000.20.291.840.00.00 End Fund Balance
the
Total
APPROVED BY THE DEPARTMENT HEAD:
Signature:
APPROVED BY THE MAYOR:
Signature:
CO:ksn 4/1/2009
464,964
Detailed justification for transfer: Remove General Fund contribution for 2009 to the Eauipment Rental Fund.
APPROVED BY THE TUKWILA CITY COUNCIL AT A MEETING THEREOF:
day of 20
464,964
Date:
Date:
Amount
9,323
2,247
14,358
6,987
3,804
16,985
22,737
119,886
4,994
13,206
30,028
4,564
17,474
5,081
6,811
10,864
2,455
4,134
1,929
30,106
136,991
Amount
464,964
Finance Safety Committee Minutes Aoril 7, 2009 Pape 2
funding relative to this outreach. Expenses are estimated at this time. UNANIMOUS APPROVAL.
FORWARD TO APRIL 20 REGULAR MEETING.
*Due to a full agenda for the April 13, 2009, Committee of the Whole Meeting, Committee Chair
Linder, with the concurrence of Committee Members, has approved the above three items to move
directly to the April 20, 2009, Regular Meeting for discussion and subsequent action.
D. General Fund Contribution to Equipment Rental
Staff is seeking full Council authorization to transfer $464,964 of General Fund contributions to the
General Fund balance rather than to the Equipment Rental Fund.
In response to continued unstable economic conditions, City Administration is proactively identifying
opportunities, such as this, to reduce General Fund expenditures. Removing the 2009 General Fund
contribution of $464,964 to the Equipment Rental Fund will not effect the Fund's operations and
maintenance budget; it will only effect the 2009 equipment replacement contributions which are utilized
to purchase replacement vehicles. The money will be moved to Department 20 (Contributions/Fund
Balance), segregating the cost savings and preventing the money from being spent.
It will be determined at a later time if this transfer is temporary or permanent. Temporary, meaning that
the money will be reimbursed to the specific fund when and if the Administration determines
replacement is plausible; or permanent, meaning that this is a one -time cost savings contribution that will
not be returned to the Fund.
Committee Members recognize the need for the City to be proactive during these times, and expressed
their appreciation for Administration attention to and recognition of cost savings opportunities.
UNANIMOUS APPROVAL. FORWARD TO APRIL 13 COW FOR DISCUSSION.
E. Kinu County Animal Control Services
Staff is seeking full Council approval to enter into two interlocal agreements for enhanced animal
services and programs. One interlocal agreement is between the City of Tukwila and King County in an
amount not to exceed $60,000 annually. The second interlocal agreement is between Tukwila and
SeaTac providing for priority response and mutual aid in the event of an emergency animal control
incident.
Assistant Chief Villa gave a brief history of animal control services in the City as summarized below
(taken directly from his informational memo to Committee):
The City of Tukwila and King County entered into an Interlocal Agreement dated December
15, 1993, relating to the provision of animal control services within the City.
In 1994, the Interlocal was amended. King County agreed to provide supplemental animal
control services to average 12 hours per week.
In August of 2007, the City and King County amended the Interlocal Agreement increasing
dedicated animal control services from 12 hours per week to 20 hours per week. However,
the amendment was never finalized because King County was unable to provide 20 hours of
supplemental services during 2007 or 2008.
King County is now able to provide the supplemental animal control services, in the form of an
additional animal control officer dedicated to the City, for an additional 20 hours per week. The total cost
of this additional service will not exceed $60,000 annually. This amount includes $6,480 for the County
to provide a dedicated animal control vehicle, plus the animal control officer's base hourly rate including
benefits. As determined by the interlocal agreement, the animal control officer will report directly to the
officer in charge (which will be Traffic Officer Jon Harrison) as well as the contract administrator
(Assistant Chief Mike Villa).
CAS NUMBER: 09-044
Ac ;1 DA ITIAI Trrl.i, Contract with Community Schools Collaboration
C. \'I'I?GORY
Si NSOR Council Mayor U Adtn Svcs 1 DCD
SPONSOR'S
SUMMARY
MTG. DATE
04/13/09
MTG. DATE
04/13/09
04/20/09
9 Qqq
Mtg Date 04/13/09 Mtg Date 04/20/09 Mtg Date
COUNCIL AGENDA SYNOPSIS
Meeting Date 1 Prepared by 1 Mgyo s review Comic/ l review
04/13/09 EB I .9144j- v-`L%
04/20/09 EB
ITEM INFORMATION
ORIGINALAGENDA DATE: APRIL 13, 2009
Discussion Motion n Resolution Ordinance n Bid Award Public Hear-1)2g Other
Mtg Date Alts Date Mtg Date
Finance 1 I .Fire Legal 1 P&R Police n NV
Mtg Date
Initials
The City Council awarded the Community Schools Collaboration a total of $260,000 for
2009 and 2010 ($130,000 for 2009; $130,000 for 2010). Contracts over $25,000 require
approval by the City Council.
RI I I:, %I u) BY COW Mtg. CA &P Cmte 1 F &S Cmte Transportation Cmte
Utilities Cmte n Arts Comm. 1 Parks Comm. n Planning Comm.
DATE: 3/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office, Human Services
COMMITTEE Unanimous approval; Forward to Council of the Whole
COST IMPACT FUND SOURCE
E\PI?ND1'I'URIs Rl )_UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$260,000 $260,000
Fund Source: GENERAL FUND
Comments:
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 3/23/09
Draft contract
Minutes from the Community Affairs and Parks Committee meeting of 3/23/09
ITEM NO.
TO:
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community and Parks
FROM: Evelyn Boykan, Human Services Manager
DATE: 3/23/09
SUBJECT: Community Schools of King County contract
The City Council awarded the Community Schools Collaboration $260,000 for 2009 and 2010
($130,000 for 2009; $130,000 for 2010) to support the operations of the Tukwila Community
Schools Collaboration program. Contracts over $25,000 require Council approval.
The Parks and Recreation department is no longer providing in -kind recreation services the
Human Services Division has taken over the management and monitoring of this contract.
Draft Contract for Social Services
Jim Haggerton, Mayor
The Community Schools Collaboration provides afterschool programming at each one of the
five schools in Tukwila. The CSC program provides services in the areas of: academic and
program enrichment, family support, education and community linkages and health services
support including medical, dental and coordinated community health services.
Currently, monthly reporting includes narrative updates from the Director and Community
Schools Health Coordinator in addition to detailed community liaison reports. Reporting also
includes numbers of students attending, types of activity provided, program highlights, issues
and concerns and upcoming events. The proposed contract will include outcomes around
professional development needs, parent engagement and other measures as identified by an
outside evaluator.
Council is being asked to consider this item at the April 13 Committee of the Whole meeting and
April 20 Regular meeting.
DRAFT
Contract No.
CONTRACT FOR SOCIAL SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City and
Community Schools Collaboration of Tukwila, hereinafter referred to as "the
Contractor" whose principal office is located at 16256 Military Rd South, Suite 102,
SeaTac, WA 98188.
WHEREAS, the City has determined the need to have certain social services
performed for its citizens but does not have the personnel or expertise to perform such
services, and
WHEREAS, the City desires to have the Contractor perform such services
pursuant to certain terms and conditions, now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter
contained, the parties hereto agree as follows:
1. Scone of Services to be Performed by Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein
by this reference as if fully set forth. In performing such services, the Contractor shall at
all times comply with all Federal, State, and local statutes, rules and ordinances
applicable to the performance of such services and the handling of any funds used in
connection therewith.
2. Compensation and Method of Payment. The City shall pay the Contractor
for services rendered using billing voucher and method set forth on Exhibit B attached
hereto and incorporated herein by this reference. The total amount to be paid shall not
exceed $130,000 for 2009 and $130,000 for 2010 at a rate of $10,833.33 monthly
2A. Criteria for Compensation. The Contractor will be expected to
submit required reports and initiate bi- yearly presentations in a timely
fashion.
3. Contractor Budget. The Contractor shall apply the funds received under
this Agreement within the maximum limits set forth in this Agreement and according to
the budget attached hereto as Exhibit C and incorporated herein by this reference as if
fully set forth. The Contractor shall request prior approval from the City whenever the
Contractor desires to amend its budget by transferring funds among the budget
categories.
4. Duration of Agreement. This Agreement shall be in full force and effect
for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner
terminated under the provisions hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an
independent contractor with respect to the services provided pursuant to this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither Contractor nor any
employee of Contractor shall be entitled to any benefits accorded City employees by
virtue of the services provided under this Agreement. The City shall not be responsible
for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the
duties of an employer with respect to the Contractor, or any employee of the
Contractor.
6. Indemnification. The Contractor shall indemnify, defend and hold
harmless the City, its officers, agents and employees, from and against any and all
claims, losses or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of the
Contractor, its officers, agents and employees, in performing the work required by this
Agreement. With respect to the performance of this Agreement and as to claims against
the City, its officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance
Act, for injuries to its employees, and agrees that the obligation to indemnify, defend
and hold harmless provided for in this paragraph extends to any claim brought by or
on behalf of any employee of the Contractor. This waiver is mutually negotiated by the
parties. This paragraph shall not apply to any damage resulting from the sole
negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent
negligence of the City, its agents or employees, this obligation to indemnify, defend and
hold harmless is valid and enforceable only to the extent of the negligence of the
Contractor, its officers, agents, and employees.
7. Insurance.
A. The Contractor shall procure and maintain in full force throughout
the duration of the Agreement comprehensive general liability insurance with a
minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and
property damage. Said policy shall name the city of Tukwila as an additional named
insured and shall include a provision prohibiting cancellation or reduction in the
amount of said policy except upon thirty (30) days prior written notice to the City.
Cancellation of the required insurance shall automatically result in termination of this
Agreement.
B. In addition to the insurance provided for in Paragraph A above, the
Contractor shall maintain or insure, that its professional employees or contractors
maintain professional liability insurance in the event that services delivered pursuant to
this Agreement, either directly or indirectly, involve providing professional services.
Such professional liability insurance shall be maintained in an amount not less than
$500,000.00 combined single limit per claim /aggregate. For the purposes of this
Paragraph "professional services" shall mean any services provided by a physician,
licensed psychologist, or other licensed professional.
C. Certificates of coverage as required by Paragraphs A and B above
shall be delivered to the City within fifteen (15) days of execution of this Agreement.
2
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including
personnel, property, financial and programmatic records which sufficiently and
properly reflect all direct and indirect costs of any nature expended and services
performed in the performance of this Agreement and other such records as may be
deemed necessary by the City to ensure properly accounting for all funds contributed
by the City to the performance of this Agreement and compliance with this Agreement.
B. These records shall be maintained for a period of seven (7) years
after termination hereof unless permission to destroy them is granted by the office of
the archivist in accordance with RCW Chapter 40.14 and by the City.
C. The Contractor shall provide monthly or quarterly reports to the
City containing statistical data concerning client services performed by the Contractor
during the reporting period. The Contractor will report to the City the types and
number of services which the Contractor provided, together with information
concerning the number of people who participated or received the services, and other
information as agreed upon. The Contractor shall submit its report according to Exhibit
A and incorporated herein by this reference as if fully set forth.
9. Compensation and Method of Payment. The Contractor shall submit an
invoice and all accompanying reports as specified in the attached exhibit not more than
15 working days after the close of each indicated reporting period. The City will initiate
authorization for payment after approval of corrected invoices and reports.
10. Revenues or Fees. A list of all proposed revenues or fees to be charged
participants of the City funded program must be attached to this Agreement. Please
attach the sliding fee scale if one is used. If fees to be charged is still in negotiation,
those fee schedules must be received by the City as soon as they are agreed upon.
11. Audits and Inspections. The records and documents with respect to all
matters covered by this Agreement shall be subject at all times to inspection, review or
audit by law during the performance of this Agreement. The City shall have the right
to an annual audit of the Contractor's financial statement and condition.
12. Termination. This Agreement may at any time be terminated by the City
giving to the Contractor thirty (30) days written notice of the City's intention to
terminate the same. If the Contractor's insurance coverage is canceled for any reason,
the City shall have the right to terminate this Agreement immediately.
13. Discrimination Prohibited. The Contractor shall not discriminate against
any employee, applicant for employment, or any person seeking the services of the
Contractor to be provided under this Agreement on the basis of race, color, religion,
creed, sex, age, national origin, marital status or presence of any sensory, mental or
physical handicap. For religious organizations providing services they will provide no
religious instruction or counseling, conduct no religious worship or services, engage in
no religious proselytizing and exert no other religious influence in the provision of such
public services.
3
14. Assignment and Subcontract. The Contractor shall not assign or
subcontract any portion of the services contemplated by this Agreement without the
written consent of the City.
15. Entire Agreement. This Agreement contains the entire Agreement
between the parties hereto and no other Agreements, oral or otherwise, regarding the
subject matter of this Agreement, shall be deemed to exist or bind any of the parties
hereto. Either party may request changes in the agreement. Proposed changes, which
are mutually agreed upon, shall be incorporated by written amendments to this
Agreement.
16. Notices. Notices to the City of Tukwila shall be sent to the following
address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the
Contractor upon the signature line below.
17. Apvlicable Law; Venue; Attorney's Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. In
the event any suit, arbitration, or other proceeding is instituted to enforce any term of
this Agreement, the parties specifically understand and agree that venue shall be
properly laid in King County, Washington. The prevailing party in any such action
shall be entitled to its attorney's fees and costs of suit.
DATED this day of
CITY OF TUKWILA CONTRACTOR:
BY:
MAYOR, JIM HAGGERTON
ATTEST/ AUTHENTICATED:
CITY CLERK ,CHRISTY O'FLAHERTY,CMC
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
BY
ADDRESS:
4
EXHIBIT A
Contractor will provide the following programs to Tukwila students and families
within the Tukwila School District: Student support including academic and program
enrichment, family support including information, education and community linkages,
and health services support including medical, dental and coordinated community
health services.
Contractor will provide the following reports to the City as indicated:
1. Monthly: Number of children served at each school, activities offered, program
highlights and students on waiting lists. Report will also include summary of
cultural liaisons. Reports will be sent to Mayor's Office, Human Services, Parks
and Recreation and City Council.
2. Quarterly: Financial statements reflecting year to date expenditures and
revenues related to Tukwila programming. Progress report on outcomes.
3. Bi- Yearly Presentation to City Council to address program update, progress on
identified outcomes
4. Outcomes 2009
A. Increased Professional Development for CSC staff CSC will submit a
report identifying the professional development needs for CSC staff,
along wth a professional development plan by 4th quarter. This will
include, but not be limited to training as it relates to data collection and
management.
B. Increased parent engagement CSC will collect baseline data regarding
levels of parent participation in afterschool program. This will be
submitted by 4th quarter.
C. CSC will submit any other additional evaluative data collected by the
Stuart funded contracted evaluator.
Funds will be used to pay for the following expenses:.
Personnel and Operations for both Site based programming as well as cultural liaisons
School based community programs:
Cascade View Elementary $30,000
Thorndyke Elementary $30,000
Tukwila Elementary $30,000
Showalter Middle Schools $15,000
Foster High School $10,000
Cultural Liaisons Parent Engagement and Community Outreach $10,000
Administration costs supporting staff development $5,000
Total $130,000
6
Agency:
Mailing Address:
Specific Program:
Reporting Period:
Amount Requested This Invoice
Authorized Signature
Approved for Payment:
EXHIBIT B
CITY OF TUKWILA
BILLING VOUCHER HUMAN SERVICES CONTRACTOR
•Officeof Human Services
6200 Southceriter Blvd.
:Tukwila, WA .98188
UDGET SUMMARY
Total Contract for Year
Previous Payments This Year
Current Request
Previous Payment Current -YTD
Balance Remaining
Note: Submit a separate voucher for each program which is funded by your City of Tukwila contract.
For Department Use Only
Telephone
Invoice
Date of Invoice
Date
EXHIBIT C
Operating Budget
Planned monthly expenditures
Agency will bill the City $10,833.33 monthly for a total of $130,000
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
March 23, 2009 5:00 p.m.; Conference Room #3
City of Tukwila
Community Affairs and Parks Committee
PRESENT
Councilmembers: Verna Griffin, Chair; Joe Duffle and Kathy Hougady
Staff: Evie Boykan, Bruce Fletcher, Rhonda Berry and Kimberly Matej
Guests: Chuck Parrish, Deborah Salas and Lynda Hall of Community Schools Collaboration
CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:00 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Community Schools Collaboration Contract
Staff is seeking full Council approval of a two -year social services contract with Community School
Collaboration (CSC) in an amount not to exceed $260,000 ($130,000 in 2009 and $130,000 in 2010).
CSC is funded in the 2009/10 City Budget under the Parks Recreation Department budget page 72.
However, the management and monitoring of this contract has been assigned to the Human Services
Division. The draft contract requires reporting of professional development needs outcomes, parent
involvement and engagement, and other measures indentified by a third party evaluator currently retained
by Community Schools Collaboration (Judy Swanson Stuart Foundation) as found in Exhibit A, page 6
of the Committee agenda packet. Committee Chair Griffin inquired about the formula utilized to
distribute the funding from the City to the school based community programs as outlined in Exhibit A.
Ms. Salas responded that there is no formal process for fund distribution, however, and an effort is made
to fund each site equally based on participation. UNANIMOUS APPROVAL. FORWARD TO APRIL
13 COW FOR DISCUSSION.
B. Update on Foster Golf Links Restaurant Vender Search
As an information only item, Bruce Fletcher updated the Committee on the process of searching for a
restaurant vendor for Foster Golf Links. The outline below summarizes the process so far:
A call for Request for Qualifications (RFQ) was released in January
Five qualified vendors submitted RFQ's
A five- member panel was created to interview vendors and make appropriate
recommendations
o Panel members: Parks Recreation Director; Parks Recreation Deputy Director; Golf
Maintenance Operations Superintendent; Finance Director; and the Economic
Development Administrator.
The panel interviewed each of the five vendors, and the top two were chosen to move forward
in the vendor search process
The top two vendors attended a second interview with the five- member panel in addition to
the Mayor and City Administrator
After the second interview, Bruce Fletcher asked each panel member for feedback and
provided a vendor recommendation to the Mayor on February 23, 2009
A financial background check has been conducted on the recommended vendor
ITEM INFORMATION
CAS NUMBER 09-045
ORIGINAL AGENDA DATE: APRIL 13, 2009
AG I?ND.\ I'1'13d Ti'i]
C. \'1'l 1;ORY
SPONSOR
SPONSOR'S
SI ;;\-11\1. Y
MTG. DATE
04/13/09
04/20/09
MTG. DATE
04/13/09
04/20/09
COUNCIL AGENDA SYNOPSIS
Meetin7 Date Prepared by 1 Mayor's review
04/13/09 JP
04/20/09 JP 1
Walk and Roll Plan (Nonmotorized Transportation Plan)
Design Report Consultant Selection and Contract
Discussion Motion n Resolution Ordinance n Bid Award Public Heating I I Other
Mtg Date Mtg Date Aitg Date
Council Mayor 1 I Adm Svcs DCD n Finance I I .Fire U Legal P&R I Police I PV
Mtg Date 04/13/09 Mtg Date 04/20/09 Mtg Date
I I
Staff has negotiated a contract with Perteet, Inc. for development of a design report for
Tukwila's bicycle routes and 12 priority sidewalk segments. The results of this design
report will provide conceptual design recommendations for each bicycle route and
missing sidewalk segment, a planning -level cost estimate for the recommended design,
and a ranking of projects based on how difficult they will be to construct. Council is being
asked to approve the contract with Perteet in the amount of $60,357.00.
Ri :vili\\'I?D BY I COW Mtg. I I CA &P Cmte I 1 F &S Cmte
Utilities Cmte I 1 Arts Cornrn. Parks Comm.
DATE: 04/06/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Forward to Committee of the Whole for discussion
Initials
Council review
t raJ
d
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 04/13/09 (revised after TC)
Draft Consultant Agreement
Consultant Selection Scores and Criteria
CIP page
Minutes from the Transportation Committee Meeting of 4/6/09
(Please bring your Washington, DC briefing notebook)
ITEM No.
E
Mtg Date
Transportation Cmte
Planning Comm.
COST IMPACT FUND SOURCE
EXPI?N1)ITURI; RI (,)1_11R ED AMOUNT BUDGETED APPROPRIATION REQUIRED
$60,357.00 $110,000.00 $0.00
Fund Source: 104.02 ARTERIAL STREETS (PAGE 24, 2009 CIP)
Comments:
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Jack Pace, Community Development Directo
DATE: April 13, 2009
SUBJECT: Walk and Roll Plan (Nonmotorized Transportation Plan) Design Report
Consultant Selection and Contract
Jim Haggerton, Mayor
ISSUE
Staff is seeking approval of a contract with Perteet, Inc. to develop a design report for bike route
and sidewalk projects in the Walk and Roll Plan.
BACKGROUND
The Walk and Roll Plan was adopted by Ordinance No. 2222 on January 20 2009. In
February 2009, staff issued a request for proposals (RFP), to hire a consultant for development
of a design report on Tukwila's designated bicycle routes and 12 priority sidewalk segments.
The selected firm, Perteet, Inc., submitted the highest- scoring proposal based on the criteria
listed in the RFP (see attached sheet showing criteria and scores).
On April 6 2009, the consultant contract was reviewed by the Transportation Committee,
during which there were no specific concerns related to the contract. However, there was
general concern related to ongoing budget issues. A discussion followed on whether delaying
the decision to approve the contract for the design report could have negative impacts on the
ability to obtain outside sources of funding in light of the city's recent federal appropriations
request and upcoming grant and stimulus fund applications (minutes from the 4/6/09
Transportation Committee meeting are attached).
ANALYSIS
The attached contract, with scope and budget, has been negotiated with Perteet, Inc. The
amount budgeted for design for the Walk and Roll program is $110,000.00 (see attached CIP
sheet), and the Perteet contract is for $60,357.00. The tasks outlined in the scope will result in
conceptual design recommendations for each bicycle route and missing sidewalk segment, a
planning -level cost estimate for the recommended design, and a ranking of projects based on
how difficult they will be to construct. The results will help provide essential background
information for future decisions regarding which nonmotorized facilities should be built first.
The City of Tukwila is actively pursuing funding for projects in the Walk and Roll Plan (federal
appropriations, stimulus funds, and grants). Completion of the design report will demonstrate
Tukwila's commitment to move forward with projects in the Walk and Roll Plan, helping to
maximize the city's opportunities to receive outside funding for final design and construction,
and getting Walk and Roll projects one step closer to being shovel- ready. In the coming weeks,
staff will continue to apply for outside sources of funding for projects in the Walk and Roll Plan.
RECOMMENDATION
The Council is being asked to approve this contract, scope, and budget in the amount of
$60,357.00 and consider this item at the April 13, 2009 Committee of the Whole meeting and
the April 20, 2009 Regular Meeting.
Attachment: Perteet Contract
Consultant Selection Criteria and Scores
CIP Page
Minutes from 4/6/09 Transportation Committee Meeting
CONSULTANT AGREEMENT FOR
PRELIMINARY DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and Perteet Inc., hereinafter referred to as "the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform design and
engineering services in connection with the project titled Tukwila Bicycle Friendly Routes and
Missing Sidewalks Design Report.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 120 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $60,357 without express written modification of the Agreement signed by the
City.
B. The Consultant shall submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
Mayor
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
DATED this
Petted, Inc.
Attn: Steve Sindiong
505 5 Avenue, Suite 210
Seattle, Washington 98104
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
CITY OF TUKWILA
day of 20
CONSULTANT
By:
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
Perteet
EXHIBIT A
SCOPE OF SERVICES
City of Tukwila Bicycle Friendly Routes and Missing Sidewalks
Background
The City of Tukwila currently has bike lanes along limited roadways, 10 miles of paved
trails, 2 miles of unpaved trails, and 57 miles of sidewalk throughout the City. The City's
Comprehensive Plan includes policies aimed at the implementation of complete streets to
improve mobility for all users; allowing them to reach existing and planned schools, civic
and recreational facilities, transit facilities, regional trails, and major activity centers. A
non motorized system should complement existing and future roadway networks, and
allow pedestrians and bicyclists to reach key activity centers.
The City recently adopted the Walk and Roll Plan, the City's first nonmotorized
transportation plan. The Walk and Roll Plan is based on policies outlined in the City's
Comprehensive Plan, and offers a perspective of "complete streets" that allows for
mobility for all users and modes. The Walk and Roll Plan includes an analysis of existing
conditions, recommended actions, bicycle and pedestrian infrastructure goals, a list of
pedestrian and bicycle projects, and performance goals and measurements.
The Walk and Roll Plan identifies approximately 28.5 miles of Tukwila streets
designated as Bicycle Friendly Routes, and twelve selected segments missing sidewalks
which amount to approximately 41,130 linear feet of street edge missing sidewalks.
Project Purpose
The purpose of the project is to develop a design report that includes researching existing
conditions, preliminary design concepts, alternatives, and opinions of cost for
constructing bike facilities on Tukwila's designated Bicycle Friendly Routes, and for
future sidewalk construction projects. The key project tasks include:
Analysis of existing roadway conditions (to include available right -of -way width,
traffic volumes and speeds, topography, infrastructure)
Recommend a facility type for each route and segment (ie, bike lane, paved
shoulder, drainage improvements). On routes where conditions change (due to
right -of -way constraints, etc.) more than one cross section may be necessary.
Design recommendations, costs of construction, and a ranking of construction
feasibility for each bike route and sidewalk segment.
Optional future work by supplemental agreement includes final design for
construction purposes of selected bicycle and sidewalk segments with plans,
specifications, estimates and bid documents. Optional future (supplemental) work
may also include construction management of these projects.
P. \Long Range Projects Walk and Roll\Projects, Cost Estimates, Funding, Priorities \RFP materials \Tukwila_Scope of Work_Final Draft 4- I- 09.doc
Deliverables:
1. Project Work Plan
2. Monthly Progress Reports and invoices.
3. Project Schedule
P.\L.ong Range Projects \Walk and Roll\Projects, Cost Estimates, Funding, Priorities\RFP materials \Tukwila_Scope of Work_Final Draft 4 -1 -09 doc
Perteet
Scope of Services
Perteet, Inc. (Herein called the CONSULTANT) will conduct the following work
elements for the City of Tukwila (Herein called the CITY), as part of the Bicycle
Friendly Routes and Sidewalk Segments Design Report project: The project is
anticipated to begin in late April, 2009, with a project duration anticipated to be
approximately 4 months.
Task 1: Project Management
This work element will have the following sub elements:
1.1. Kick -Off Meeting: The CONSULTANT will coordinate and participate in an
initial project kick off/chartering meeting with the CITY and other stakeholders at
a location within the City. A Work Plan will be prepared, and reviewed by the
CITY in advance of the kick -off meeting.
1.2 Client Contact: Maintain day -to -day contact with CITY project manager via e-
mail and telephone. The CITY will be kept informed on issues concerning work
progress and factors affecting project progress. In addition, a project Sharepoint
site will be developed by the CONSULTANT, that allows for the ability of the
CONSULTANT and CITY to share files.
1.3. Progress Reports: Prepare monthly progress reports and invoices that document
progress to date, expenditures to date, and work anticipated in future months.
CONSULTANT shall identify on the monthly invoice any changes and/or
potential impacts to scope, schedule, and budget. The CITY and CONSULTANT
shall review the issue(s) and both shall agree, in writing, as to the nature of the
need for the change and/or impact, potential strategies to resolve the issue(s), and
corrective action necessary to maintain and/or adjust the scope, schedule, and
budget. The CITY project manager shall be kept up -to -date with anticipated
changes and/or potential impacts to scope, schedule, and budget on a weekly basis
by phone, as outlined in sub element 1.2 above.
1.4 Schedule: Prepare, monitor, and update project schedule monthly. It will identify
work element duration, deliverables, review periods and milestones.
1.5 Meetings: The CONSULTANT will attend up to four (4) additional meetings
with the City project staff during the course of the project. It is anticipated that the
CITY will prepare meeting notes for each meeting.
1.6 Quality Assurance Quality Control: The CONSULTANT will conduct
QA/QC review of deliverables within this scope, including the Improvement
Options report, preliminary design concepts, and opinions of cost.
Task 2: Analysis of Right -of -Way Availability, Roadway Conditions, and Available
Improvement Options
This work element will have the following sub elements:
P:1Long Range Projects \Walk and Ro111Projects, Cost Estimates, Funding, Priorities\RFP materials \Tukwila_Scope of Work_Final Draft 4- 1- 09.doc
Perteet
2.1. Review Existing Plans and Standards: The CONSULTANT will review the
City's Walk and Roll Non Motorized Transportation Plan to better understand the
City's goals for non motorized connectivity, the initial identified conditions and
issues, and current design recommendations for specific pedestrian and bicycle
facilities. The CONSULTANT will also review other documents, including the
CITY's Design Standards, plans for adjacent jurisdictions, and transit routes.
2.2. Review GIS Mapping: The CITY will provide and the CONSULTANT will
review existing available GIS information for the roads that are affected by the
project. The available GIS data will be used to review the available rights of way,
utilities, contours, and other pertinent information. Project locations will be
overlaid with the aerial photographs. Locations where pedestrian and bicycle
projects overlap (Macadam Road, 53rd Avenue S, and S 130th Street) will be
identified as high priority. This task will help us to determine whether the right of
way is adequate for projects to meet the City's standards.
2.3. Conduct Field Reviews: The CONSULTANT will organize a field trip with the
combined core team, focused on some of the most important and most
challenging of the projects. Prior to this staff field trip, Perteet will identify
corridors that have more significant issues, such as right -of -way. This field trip
will occur early on in the project schedule, and could occur immediately
following the kick -off meeting. The CITY will provide a vehicle and fuel, or
bicycles for this field trip. Candidates include Boeing Access Road/S Ryan Way,
Tukwila International Boulevard, and Southcenter Boulevard. The objective will
be to make sure that everyone understands the context and trade -offs, and the
consultant team has the best available information about the desired direction
going forward.
After the initial field trip, the CONSULTANT will conduct an additional field
review for each project location listed in Task 3.1, and document the existing
conditions, including road width, availability of or need for additional right -of-
way, channelization, existing curb conditions, shoulder conditions, parking,
posted and observed speed limits, freight use, adjacent land use, major
obstructions such as culverts, utility poles, rockeries or retaining walls, and
hillsides. The field review will be used to identify opportunities and constraints.
Personal Digital Assistants (PDAs) may be used (if budget is available) to
document existing conditions. An inventory matrix will be created to document
existing conditions.
Perteet
2.4. Improvement Options Report: The CONSULTANT will prepare an
Improvement Options draft report. The report will include a summary of existing
conditions, constraints/barriers (such as inadequate right of way, utility poles),
opportunities, and potential design solutions, including typical cross sections for
the range of design solutions, for each project location.
2.5. Workshop: The CONSULTANT will conduct a half day workshop with selected
City staff, to review preliminary identified improvement options for each project,
and provide additional input toward the improvement options for each facility.
Issues, needs and policy implications will be identified such as the removal of on-
street parking, right -of -way availability and areas where additional right -of -way
may be required, emergency access, utility impacts, landscape buffers, low impact
development opportunities, opportunities for use of sharrows or bike boulevards,
and minimum width for bike lanes or shared lanes. A goal will be to identify a
preferred design solution for each corridor, prior to the development of the
preliminary design recommendations (Task 3). Based on the results of the
workshop, the Improvement Options report will be edited into a final draft report.
The workshop format will include use of maps, field inventory data, photos, and if
the room allows, use of internet resources, such as Google maps.
Deliverables:
1. Draft Improvement Options Report 1 electronic copy, 15 hard copies
2. Final Improvement Options Report 1 electronic copy, 20 hard copies
Task 3: Design Recommendations and Cost Estimates
This work element will have the following sub elements:
Conceptual design recommendations will be made for the following locations:
P.\Long Range Projects Walk and Roll\Projects, Cost Estimates, Funding, Priiorities\RFP materials \Tukwila_Scope of Work_Final Draft 4 -1 -09 doc
3.1. Preliminary Design Recommendations: The CONSULTANT will prepare
conceptual design plans (to include signage, such as the recommended type and
number /spacing per project) and conceptual cross sections for each bicycle
friendly route and missing sidewalk segment based on the results of the
Improvement Options Report, workshop and input from City of Tukwila staff.
Preliminary concepts will be developed for each corridor after alternatives have
been reviewed and a preferred alternative is agreed upon for each corridor. Based
upon feedback and review of the concepts, refined concepts will be developed.
Bicycle Friendly Routes
W. Marginal Place S from 14 Avenue S to existing trail
E. Marginal Way S from north city limit to S Boeing Access Road
Boeing Access Road/ S Ryan Way from Marginal Way S to 51 Avenue S
P:\Long Range Projects\Wa1k and Ro11\Projects, Cost Estimates, Funding, Priorities\RFP materials \Tukwila_Scope of Work_Final Draft 4- 1- 09.doc
Perteet
On- and off- ramps to /from Airport Way and Boeing Access Rd
S 112 Street from Tukwila International Blvd to Interurban Avenue
Tukwila International Boulevard from Boeing Access Road to S 154
Street
E Marginal Way from Boeing Access Road to SR599
S 102 Street and Norfolk Street from W Marginal Place S to Airport
Way
S 115 Street/ 42 Avenue S from Interurban to S 130 Street
S 135 Street/ 37 Avenue S from Military Road to Tukwila International
Boulevard
40 Avenue S/ 42 Avenue S from S 128 Street to S 160 Street
S 133 St/East Marginal Way S between 40 Ave S and Macadam Rd S
S 125 Street/ 50 Place S from 46 Avenue S to east city limit
51 Ave S/Macadam Road S from S 130 Street to S 144 Street
53 Ave S 56 Ave S from S 144 Street to 50 Place S
S 144 Street from Military Road to Macadam Road S
Macadam Road from S 144 Street to Southcenter Boulevard
51 Avenue S/ Klickitat Drive from S 144 Street to Southcenter Parkway
S 160 Street 53 Ave S from 42 Avenue S to Klickitat Drive
Southcenter Blvd from 53 Ave S to Interurban Ave S
Tukwila Parkway from 61 Ave S to 66 Ave S
61 Ave S bridge
66 Ave S bridge
Andover Park E from S 180 Street to Tukwila Parkway
Baker Boulevard from Andover Park W to Christensen Road
Minker Bld. from Southcenter Pkwy. to Green River
S 180 St. from Southcenter Pkwy to BNSF RR
Sidewalk Segments
S 130 Street from Tukwila International Boulevard to Macadam Rd S
S 140 Street from Tukwila International Boulevard to 46 Avenue S
S 141 Street from Tukwila International Boulevard to 42 Avenue S
S 142 Street from 37 Avenue S to Tukwila International Boulevard
S 144 Street south side of street from Tukwila International Boulevard to
51 Avenue S
S 146 Street from Tukwila International Boulevard to 47 Avenue S
Items to Be Furnished by the City of Tukwila
P:\Long Range Projects \Walk and Roll\Projects, Cost Estimates, Funding, Priorities \RFP materials \Tukwila_Scope of Work_Final Draft 4- I- 09.doc
Perteet
S 148 Street from Tukwila International Boulevard to 46 Avenue S
S 152 Street from Tukwila International Boulevard to 42 Avenue S
52 Place 5/53 Avenue S from Interurban Avenue S to S 144 Street
Macadam Road S from S 144 Street to S 150 Street
Klickitat Drive from SR518 to 53rd Ave S
3.2. Planning Comparison Level Opinions of Cost: The CONSULTANT will
prepare planning/ comparison level opinions of cost for each pedestrian and
bicycle project. The opinions of cost will include engineering, and construction.
Costs will be developed using the City's critical areas mapping and parcel lines
and other layers available in the City's GIS database. This task will also include a
screening analysis and matrix for the feasibility of construction of each pedestrian
and bicycle project, taking into consideration factors including any environmental
permits that would be required for construction of the project, and extra costs and
difficulty that would be posed by steep slopes, the need to acquire additional
right -of -way, etc.
Deliverables: (1 electronic copy, 15 hard copies will be provided for each deliverable
below)
1. Draft Preliminary Concept Plan for each pedestrian and bicycle project
2. Final Preliminary Concept Plan for each pedestrian and bicycle project
3. Planning/ comparison level opinions of cost for each pedestrian and bicycle
project
4. Screening analysis and ranking by feasibility (permits, widening efforts, etc.).
1. GIS datasets and other associated data for the update of all mapping for the study,
including edge of pavement, right -of -way, building lines, contours, aerial
photography
2. Electronic (WORD) version of the Walk and Roll Plan
3. Available pedestrian and bicycle accident data
4. Available average daily traffic counts (ADT) for all project locations and intersection
turning movements)
5. Current functional classifications
6. Engineering design/as- builts for upcoming and past CIP projects (i.e., Tukwila
International Blvd, 42 Ave S)
(206) 252 -7233
EXHIBIT B: Project Budget
Project: Bicycle Friendly Routes and Sidewalk Segments Design Report
Client: City of Tukwila
April 1, 2009
TASic/PliASE,
Rates
Project Management
Kick Off Meeting
Client Contact
Progress Reports
Progress Schedule
Meetings
Q
Analysis of ROW; Roadway Conditions, Improvement Options
Review Existing Plans Standards
Review GIS Mapping
Conduct Field Reviews
Improvement Options Report (Draft/ Final)
Workshop
Design Recommendations and Cost Estimates
Preliminary Design Recommendations
Planning Level Cost Estimates Screening of Projects
Total Hours
Total Dollars
Direct Salary Cost $19,287 Expenses:
Overhead Cost (172.47) $33,264 Printing .20 ea $440
Sub -total $52,551 CAD $15 /hr $1,380
Net Fee 30% DPS $5,786 Mileage (50 55 /mile) $200
Expenses $2,020
Total $60,357
Perteet Engineering, Inc. Confidential
Project Hour Estimate
Principal Project Manager Project Mgr Associate..
Ue,D0101 Jloalong; D: I Cy '1'. I:l13eola(
•,17WaT4oS1t [ota[71a61c
Eng >111 5. %E ng,il<...`Sr.'Projlvlgr Lead Planner' Accountingp Clerical'; Hours.,.' I Dollars
IVl rICROrteKS I l. 151 tldnort J.'s.JOIWCII U „IVIVQR W.1VCIJdR
$58.32'...'.';' $50.41' 52. 0. 0. r _'''.'.$57.69t;:...,$40:87-,`i ,'$41;02', 630.45'.'.;.,.'.$26.04
18 12 0. 0 0 0, 0 3 0' 39
2 4 2 0 8
2 2 4
3 3 6
1 1
8 8 16
4 4
'8 44.' 18. 26 7 ,6 0 2, 135
4 1 2 7
3 2 2 2 9
4 12 8 4 16 16 2 62
20 2 2 8 3 2 37
4 8 4 0 4 20
9 '5 29 2 '.70 220 0 4 0 0 339
7 4 24 2 60 180 0 4 0 0 281
2 1 5 10 40 0 58
23 67 I 59 8 88 246 7 10 3 2 513
$1,341 $3,377 $3,068 $462 $3,597 $6,519 6369 $410 $91 $52I $19,287
TOTAL COMPENSATION 660,357 TOTAL 62,020
61,973
$422
5205
$243
650
$819
$233
$6,059
$359
$373
$2,668
$1,650
$1,009
$11,255
$9,360
$1,896
Worksheet Page 1
Consultant Selection Criteria and Scores Tukwila Walk and Roll Plan (Nonmotorized Transportation Plan)
Design Report Proposals
Criteria
1) Responsiveness of the written proposal to the
scope of work and terms and conditions. (25
2) Experience preparing bicycle facility designs that
resulted in project implementation. (25
1,KPFFi jOtak IParametrix 11 l_
23
21 19 23
18 20 20
17 21 20 19
20
3) Experience in creative pedestrian retrofit designs
in existing streets. (25
1
4) Ability and history of successfully completing
contracts of this type and meeting projected 18 20 20 22
deadlines. (25
[TOTALS 74 80 83 84
All four criteria were weighted equally. There were 5 reviewers; each reviewer was asked to rate how well the consultant proposal addressed each of the
criteria on a scale of 1 to 5, with 5 being the best score. Adding together the scores from all reviewers for all the criteria, the maximum score for each
consultant proposal was 100 points.
PROJECT: Walk Roll Plan (Nonmotorized Transportation Plan)
LINE ITEM: 104.02.595. .32 PROJECT NO. 07 -RWO4
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
Select, design, and construct non motorized projects including bike lanes, sidewalks, and trails.
Enhance bicycle, pedestrian, and vehicle safety, provide missing link connections to the City and the region's
non motorized transportation network and encourage use of walking and biking as an alternative. Dependent
on adoption of the Walk Roll Plan.
Walk Roll Plan to be adopted in 2009. Funding of $60,000 is included in 2009 (with Climate funds) for a
bicycle signage program. Funds will also be used for an engineering feasibility and design study for bicycle routes.
This project is flagged as a potential project for Climate Change Initiative funds. Ongoing program, funding
available as street improvement projects, new development and /or as other opportunities arise. Next update is
scheduled in 2015.
FINANCIAL Through Estimated
(in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL
EXPENSES
Design 60 50 50 50 50 50 310
Land (R/W)
0
Const. Mgmt. 30 30 30 30 30 30 180
Construction 170 120 120 120 120 120 770
TOTAL EXPENSES 0 0 260 200 200 200 200 200 0 1,260
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Impact Fees 0
City Oper. Revenue 0 0 260 200 200 200 200 200 0 1,260
TOTAL SOURCES 0 0 260 200 200 200 200 200 0 1,260
Project Location
•fnnn •n4 4 -.u..I I..... m...-..++r+nf Der.rvro
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2009 to 2014
94
TRANSPORTATION COMMITTEE
Meeting Minutes
April 6, 2009 5:00 p.m. Conference Room 1
PRESENT
Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Griffin
Staff: Jim Morrow, Bob Giberson, Peter Lau, Cyndy Knighton, Gail Labanara, Jack Pace, Jaimie
Reavis and Kimberly Matej
Guests: Lisa Hodgson and Denise Foster, WSDOT
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:06 p.m.
City of Tukwila
Transportation Committee
I. PRESENTATIONS
WSDOT I -405 Project On Ramo Closure
Lisa Hodgson (Project Engineer) and Denise Foster from Washington State Department of Transportation
attended the meeting to update the Committee on some upcoming closures relative to the I- 405/I -5 to SR 169
widening project which will effect the Tukwila community.
Widening of the Tukwila Parkway on -ramp (entrance to I -405)
Closure Date: Spring 2009
Length of Closure: 14 days
Realizing the impact that this will have on the Tukwila community, WSDOT staff will be conducting an
outreach campaign on this closure to include notification to: City, local businesses, emergency services, transit,
WSDOT website and a news release. Cyndy Knighton mentioned that this information will also be available on
the City's website and TV21. Detour will direct traffic to Southcenter Blvd and then on to the West Valley I -405
on -ramp (map will be distributed to Council). INFORMATION ONLY.
II. BUSINESS AGENDA
A. Walk Roll Plan Design Report Consultant Selection Anreement
Staff is seeking full Council approval of a contract with Perteet, Inc. in the amount of $60,357.00 to develop
a design report for the bike routes and sidewalk projects listed in the Nonmotorized Capital Facilities list
included in the City's Walk Roll Plan (adopted by Ordinance No. 2222).
Jaimie Reavis explained that the design report will provide a feasibility study and appropriate
recommendations, which will identify areas fit for bicycle lanes and sidewalk segments. Additionally, the
design study will offer other suggestions for areas that may not be the best fit for bicycle lanes and sidewalk
segments.
Staff will be include copies of the score sheet and selection criteria that were utilized for the consultant
selection along with the informational memo which goes to full Council.
Committee Member Robertson stated, that although he is supportive of this project, the current state of the
economy causes him to question if City funds should be dedicated to this specific study. Both Chair Quinn
and Committee Member Griffin expressed that the cost/benefit of this feasibility study is vital to the recent
Congressional appropriations request made while in Washington D.C. as well as the overall need for the
City to continue forward in good faith efforts to research well- needed projects.
Transportation Committee Minutes April 6, 2009 Paae 2
The discussion resulted in agreement from each Committee Member that a full Council discussion is needed
to determine spending priority relative to recent and upcoming items. FORWARD TO APRIL 13 COW
FOR DISCUSSION.
B. East Marginal Wav South/92 Place South Signal Pole Renlacement Proiect Completion Acceptance
Staff is seeking full Council approval to accept the contract as complete and authorize release of retainage to
TransTech Electric, Inc. for the signal pole and luminaire replacement at the southwest corner of East
Marginal Way South and South 92n Place.
The project carne in at the contract award amount with no change orders. Costs associated with this
replacement will be reimbursed through the driver's insurance company who originally caused the damage.
UNANIMOUS APPROVAL. FORWARD TO APRIL 20 CONSENT AGENDA.
C. Green River Pedestrian Bridge and Utility Bridge Re -Bid Painting Project Completion Acceptance
Staff is seeking full Council approval to accept the contract as complete and authorize release of retainage to
Purcell Painting Coating, LLC for the painting of the Green River Pedestrian and Utility Bridge (re -bid).
This project came in $7,390 under budget due to a price under -run. UNANIMOUS APPROVAL.
FORWARD TO APRIL 20 CONSENT AGENDA.
III. MISCELLANEOUS
Jim Morrow shared that he has recently been directed to cut $464,000 from the Equipment Rental Fund (501)
for 2009 (see 2009 -10 Biennial Budget page 184). This reduction will primarily affect the purchase of new
police cruisers. There are no anticipated safety issues surrounding this funding cut.
Meeting adjourned at 6:00 p.m.
Next meeting: Monday, April 20, 2009 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM. Reviewed by GL.
CAS NUMBER 09-046
Fund Source:
Comments:
MTG. DATE
4/13/09
MTG. DATE
4/13/09
\r1:ND I T111E Foster Golf Links Restaurant Agreement
COUNCIL AGENDA SYNOPSIS
Initial r
Meeting Date Prepared by 1 Mayor's review 1 Council review
04/13/09 1 BF I
04/20/09 1 BF I I
ITEM INFORMATION
ORIGINAL AGENDA DATE: APRIL 13, 2009
C.\'I'I,GOR1' Discussion Motion Resolution 1 Ordinance 1 Bid Award Public Hearing 1 Other
Alts Date 4/13/09 A4tg Date 4/20/09 Mtg Date Mtg Date
SPONSOR U Council 1 Ma n Adm Svcs DCD U Finance
SPONSOR'S
51 \1M. \RY
ITEM No.
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Mtg Date Mtg Date Mtg Date
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With the golf season arriving, it is a priority that the Foster Golf Links restaurant be
opened for business with a new restaurant vendor. The Request for Qualifications (RFQ)
and interview process has been completed, and it is the recommendation of the Parks and
Recreation Director to authorize the Mayor to enter into a concessionaire agreement with
Steve Habecker and Matt Vannini (Norm's Eatery).
iw1 BY COW Mtg. CA &P Cmte 1 1 F &S Cmte
n Utilities Cmte Arts Comm. Parks Comm.
DATE: 3/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Approval of Agreement
COMMI I ILE Forward to Committee of the Whole meeting
EXPI?NDl'1'URI? RI ,1_1112,1;,1)
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
T1 Transportation Cmte
Planning Comm.
ATTACHMENTS
Informational Memorandum dated 4/8/09, with personal biographies
Draft Agreement
Minutes from the Community Affairs and Parks Committee meeting of 3/23/09
TO:
ISSUE
BACKGROUND
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Tukwila City Council
FROM: Bruce Fletcher, Director of Parks and Recreation
DATE: April 8, 2009
SUBJECT: Foster Golf Links Restaurant Agreement
In response to the five qualified vendors, the City assembled an interview team made up of
representation from Parks Administration, Golf, Finance and Economic Development.
Jim Haggerton, Mayor
Foster Golf Links was forced into finding a new restaurant vendor when the last concessionaire
filed for bankruptcy. The Parks and Recreation Department issued a Request For Qualifications
in December of 2008 that resulted in five qualified vendors.
Interviews were conducted on February 5, 2009, and the top two vendors in order were 1)
Norm's Eatery and Ale House of Freemont and 2) Mick Kelly's Irish Restaurant of Burien. The
interview team along with the Mayor and City Administrator visited each restaurant for a lunch to
experience each facility.
The interview team rated each restaurant during the interview process followed by a pro and
con statement for both finalists. After collecting all the data, Norm's was rated number, one and
a recommendation was made to the Mayor to enter into contract negotiations.
Before the final recommendation came to the City Council, it was suggested that a Commercial
Real Estate Broker be obtained to assist in the qualifying process. Dan Foster of Pacific Real
Estate Partners, Inc. was hired to investigate our findings. After completing his qualifying
process, he has recommended to continue the negotiations with Steve Habecker and Matt
Vannini of Norm's. The Community Affairs and Parks Committee requested a presentation by
Mr. Foster at the next Committee of the Whole City Council meeting.
Steve Habecker has extensive experience in private golf course and country club operations
and owns and operates his own restaurant (Norm's). Matt Vannini has grown up in the
restaurant business and is the founder /partner of Restaurant Solutions Inc., a restaurant
accounting firm. The combination of food services, golf expertise and restaurant financial
management will be a terrific owner combination for our new food vendor at Foster Golf Links
(please see their attached personal bio's).
Norm's was the only applicant who planned on investing into a redesign and remodel of the
restaurant to give it a better flow and a new brand with new interior improvements. The
investment is estimated at over $100,000. All structural improvements will then belong to the
City.
INFORMATIONAL MEMO
Page 2
DISCUSSION
With the golf season arriving, it is a priority that we get our new restaurant vendor opened for
business. Some of the challenges include a 45 -day liquor license approval process and a 30-
day construction completion once permits are issued. It is also recommended that operations
begin quickly so the City can start collecting revenue from food sales.
RECOMMENDATION
It is the recommendation of the Parks and Recreation Department to authorize the Mayor to
enter into a concessionaire agreement with Steve Habecker and Matt Vannini. The Council is
being asked to consider this item at the April 13, 2009 Committee of the Whole meeting and
subsequent April 20, 2009 Regular meeting.
ATTACHMENTS
Steve Habecker Personal Bio
Matt Vannini Personal Bio
-Draft Agreement
W:12009 InfoMemoslInfoMemoFoster Concessions Agreement Norms memo.doc
Steve Habecker
Personal Bio
Mr. Habecker started off in 1989 at The Columbus Club in Columbus, Ohio. This
is an exclusive private downtown city club where he held the position of Bar Manager for
5 1 /2 years. His duties included everyday bartending, inventory control, management of
high end wine list, and banquet management.
In 1994 he moved on to Scioto Golf and Country Club, on the west side of
Columbus, Ohio, where he was hired as the Food and Beverage Director. Within two
months he was promoted to Assistant General Manager. Scioto Golf and Country Club is
one of the premier golf clubs in the Midwest, if not the country (also happeris to be where
Jack Nicklaus grew up). Mr. Habecker was responsible for the management of complete
day -to -day operations of the entire 45,000 square foot clubhouse with annual food and
beverage sales exceeding $2 million. The facility included a formal dining room (cap.
150, a casual grill room (cap. 100), men's stag bar and grill (cap. 125), three separate
banquet rooms (cap. 15 to 100), and a pool snack stand which serviced a pool facility that
averaged 300 people a day between May and September. Total clubhouse staff included
35 wait staff, 35 pool snack stand employees (seasonal), 6 bar staff, dining room
hosts/hostesses, and two assistant managers.
In January, 1998 he left Scioto to organize the move with his wife to Seattle.
Upon his arrival in Seattle, he took the position of General Manager of Tam O'Shanter
Golf and Country Club. This is a private nine -hole facility within a home owners
association on the east side of Bellevue, Washington. Besides the golf course the facility
includes a 10,000 square foot clubhouse with a 125 person banquet room with separate
kitchen, and a casual dining restaurant. He assumed responsibilities of the entire
operation of the club from every day operations to cooperation with the board of directors
in maintaining financial stability and the general well being of the club. With Tam
O'Shanter being a home owners association, his time had to be readily available to all
members on every issue that may arise and all monthly board meetings were open forum.
Hence being a "hands on" position.
In June of 1999 Steve was offered a position at Overtake Golf and Country Club
that he just couldn't turn down. He took the position of Food and Beverage Director to
get into one of the best known clubs in the northwest and to get back to his management
roots. At Overlake he was responsible for the complete operation of the restaurant and
banquet facility. He managed a staff of 25 restaurant and banquet staff as well as tending
to the needs of the ever demanding membership. Overlake does over $1.5 million in food
and beverage sales, of that being approximately $500,000 in non member banquet sales.
The facility includes an eighteen -hole championship golf course, pool facility with snack
bar, main dining room, bar and grill, men's stag room, side banquet room with 25 person
capacity, board room, and a large banquet room with a total capacity of 300 that can be
partitioned off to make three separate banquet areas. Nearly every weekend from May to
5
11;n
October there was a wedding reception or golf event being held at the club. Annually,
the golf events included men's and women's Member/Member tournaments,
Member /Guest, Club Championships, as well as smaller weekly events. There were also
numerous monthly member parties such as Seafood Buffet every first Friday, Sunday
night summer barbeques, etc.
At Overlake Steve earned his true experience in the golf business. The
management and coordination of golf events and the food service that goes along with
them became his forte. This included everything form organizing coffee and cold
beverages on the course to the faunal awards dinners. Although he was one of four
managers at the club he became the go -to -guy for these events. He had an excellent
relationship with membership and truly understood their needs.
After nearly 3 years at Overlake another opportunity fell in his lap...a
restaurant of his own. In March of 2003 Steve opened his own restaurant and bar,
Norm's Eatery and Ale House. Located in the Fremont neighborhood of Seattle, Nom1's
is a casual restaurant/bar that caters to a wide range of clientele. It occupies a space that
was formerly a seafood restaurant that in its last year of operation did less than $450,000
in sales. Norm's has just ended 2008 with 1.25 million in sales. The last two years
have seen an increase of over 20% each year. Even with the economy on the downturn,
2008 finished 23% ahead of 2007. One aspect of norm's that has made it so successful is
the quality of the food. Steve did not want to open a bar with typical greasy bar food.
Norm's offers a wide range of appetizers and entrees to satisfy all levels of hunger with
an attention to detail and quality. In fact, the proposed menu included in this packet
includes many items from the Norm's menu. Through the nearly six years of Norm's
existence Steve has gained valuable experience in every aspect of restaurant operations
and what it takes in time and effort to make it successful.
Steve has another attribute that would lend in the success of this restaurant...his
love for the game of golf. In his experience in the golf and country club environment and
the fact he is an avid golfer with a 6 handicap, he knows the true worth of quality service
to the golfers of the world. They are the "bread and butter" of a restaurant at a golf
course. They like to eat and drink before, during and after a round of golf. It's as if you
have them for all three meals of the day. He understands that if you don't cater to them
you make their experience at the golf course incomplete.
Matthew Vannini
Personal Bio
2007 Current: Heartland Payment Systems: Director, Restaurant Management Systems
Responsible for the successful implementation of Restaurant Solutions (RSI) for
the HPS Sales channel. (Contracted as part of the RSI acquisition by HPS)
Develop sales and training program for the 1700 sales reps
Develop successful business model for Heartland Point of Sale System
2005- Current: Roadrunner Consulting, President/CEO
Management and consulting film dedicated to the education of single and multi-
unit hospitality organizations
o Operational strategies
o Rebranding
o Ownership and responsibility
2000 Current: Restaurant Solutions Inc. Partner, Chief Operating Officer:
Built 7 million dollar reoccurring organization from a startup. Currently
providing management systems and accounting for over 700 restaurants in 46
states. Currently growing at 41% annually
Developed the user interface based on personal experience as a restaurant owner
and as an operator. Provided the information to other partners who developed the
functionality (code) (This was the best part of the business). The building of a
system with your friends with a common goal!
Developed and trained clients on how to use the RSI system. Developed the
integrated tier 1, tier 2 and tier 3 training processes.
Hired and trained operational specialists who implemented the training process
On -going duties included the overall operational success and business
development strategies for the company. Communication of these strategies to
other pal tiers in the business.
1998 -2000: Bristol POS Systems Inc. Product Manager
Product manager for 5 million dollar sales channel on hospitality Point of Sale
o Products included Aloha POS and Panasonic POS
Trained Sales Reps on various POS products and services
Maintained a 1 million personal sales quota
1996 -1998: Red Robin International: General Manager, Special Operations Manager
Operated 3 Red Robin Restaurants with 4.5 million (each) in sales.
Trained GM's on profit producing strategies for low producing restaurants
Developed integration strategies for Aloha POS, ADP and Menulink for national
rollout.
1992 -1999: B V Eateries: Owner:
Owned and operated two award winning restaurants and brewery
Successfully sold the businesses.
7
FOSTER GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement Agreement") is entered into by and between the CITY OF
TUKWILA, a municipal corporation of the State of Washington (hereinafter referred to
as the "City and Steve Habecker and Matthew Vannini, a Washington a limited
liability company to be formed (hereinafter referred to as "Concessionaire
WITNESSETH, that in consideration of the mutual promises, covenants and
agreement contained herein, the parties hereby agree as follows:
The City hereby grants to the Concessionaire for the term and upon the conditions and
provisions contained herein the exclusive restaurant, lounge, snack bar, catering, and
beverage /snack cart concession rights at the Foster Golf Course located at 13500
Interurban Avenue, Tukwila, Washington, legally described in Exhibit B attached
hereto and incorporated herein by reference. The facilities available to the
Concessionaire to carry on all activities authorized in this Agreement shall be located
within the Club House and shall hereinafter be referred to as the "Concession Areas"
and shall include only the Restaurant, Lounge, Kitchen, Banquet Rooms, Storage,
Hallway to Banquet Rooms, Covered Patio, Patio, Interior Rest Rooms, Marketing
Office, Lobby /Hospitality Area also known as rooms 101, 102, 104, 103, 108, 110, 111,
112, 114, 115, 116, 121,122, 129, 130,130A, and A -3 as shown on the floor plan attached
as Exhibit A attached hereto and incorporated by reference. In addition, the City grants
the Concessionaire the exclusive right to operate a beverage/ snack cart on the golf
course. City reserves the right, and Concessionaire acknowledges City's right, for the
golf course pro shop to sell drip coffee, bottled or canned beverages (including water,
soda, juices, but not alcoholic beverages), prepackaged snacks and prepackaged
sandwiches incidental to the operation of the pro shop.
H: \Word Processing \Contracts- Agreements\Foster Golf Rest.doc
I. CONCESSION RIGHTS GRANTED
II. TERM OF CONCESSION AGREEMENT
This agreement shall commence on (the "Commencement Date
and shall expire seven (7) years from the first day of the first calendar month
immediately following the Commencement Date. Provided that Concessionaire is not
then in default of this Agreement, Concessionaire shall have right to further extend the
lease for an additional seven (7) years, provided the city and concessionaire mutually
agree upon reasonable modifications (if any) to those fees and assessments contained in
Article III of this agreement, and further agree upon any facility restorations,
improvements, or upgrades that result from the evaluation of facility conditions,
potential improvements or alterations. Notification of the Concessionaire's intent to
Page 1 of 31
exercise provisions for this lease must be issued by the Concessionaire to the City by
formal written notice, not later than one hundred eighty (180) days prior to the
expiration of the initial term of this Agreement. If the seven (7) year extension is sought,
the terms of this Agreement or any revisions thereto when mutually agreed to by the
City and Concessionaire shall apply to the additional seven (7) year period.
III. CONCESSION FEES
A. Concession Fees (defined below in Section III.G.) shall be paid to the City by the
Concessionaire as follows:
Restaurant /Lounge 6% of Gross Receipts up to $2,000,000.00
5% of Gross Receipts above $2,000,000.00
Catering /Room Rental 6% of Gross Receipts up to $500,000.00
5% of Gross Receipts above S500,000.00
Out Catering 2% of Gross Receipts
B. The payments of a percentage of Gross Receipts, as set forth above, are hereinafter
referred to as the "Percentage Fees."
C. In accordance with state law the City is charged a leasehold tax on the Percentage
Fees paid to the City at a rate of 12.84% "Leasehold Tax The Leasehold Tax is in
lieu of payment of property tax and shall be payable to the city by the
Concessionaire.
D. The term 'Gross Receipts" shall include the total amount in dollars of the actual
price charged, whether for cash or on credit, for all sales by Concessionaire for
merchandise, food, beverages, services, gift or merchandise certificates, rentals, and
all other receipts from business conducted at, in, on, about or from the Concession
Areas (including internet sales), but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by redemption
on the Concession Areas;
(b) any sums collected and remitted for any retail sales tax, retail excise tax or
general excise tax imposed by any duly constituted governmental authority and
separately stated to and collected from customers;
(c) any exchange of goods or merchandise between the stores of Concessionaire where
such exchange of goods or merchandise is made solely for the convenient operation
of the business of Concessionaire;
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Page 2 of 31
(d) any cash or credit discount, allowance or refund made upon any sale;
(e) any sales of fixtures and equipment which are not a part of Concessionaire's stock
in trade;
(f) the sales price of meals provided to employees;
(g) the portion of meals provided to customers pursuant to coupons or other
promotional programs or devices (to the extent that Concessionaire receives no
payment for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire's
employees which are retained by Concessionaire's employees;
(i) the portion of the receipts from any vending machines or other coin- or
token operated device that Concessionaire must remit to any third party for
providing and /or stocking said machine or device, excluding any vending
machines located inside the Pro Shop;
(j) the price charged for sales to purchasers who, by reason of canceled credit cards,
bad checks, and the like, do not pay for the same;
(k) interest, service, finance or sales carrying charges applicable to credit transactions;
(1) postage, parcel post freight, express or other delivery charges paid in connection
with any mail order sales;
(m) layaways until the sale is completed or the deposit abandoned by the customer
provided any forfeited deposits shall be reported as sales;
(n) occasional bulk sales of inventory, including damaged or aged merchandise to
commercial customers or jobbers; and
(o) insurance proceeds for damaged furniture, improvements, fixtures, equipment and
merchandise.
E. Concessionaire shall deliver to the City on or before the 15th day of each month
following the first day of operations (1) a written report for the prior calendar month
period of all Gross Receipts from concessions for such period in a form reasonably
approved by the City, and (2) payment of the Percentage Fees for such period
calculated in accordance with Section III above. The first month's concession fees
will be waived. If the monthly Percentage Fees payment is not received by the 15th
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Page 3 of 31
of each month, then the Concessionaire shall pay a late charge of five percent (5%) of
the applicable month's Percentage Fees.
F. The City shall own all listed food service equipment (see Exhibit E). Concessionaire
shall be responsible for all reasonably necessary maintenance, and /or repair and
replacement of equipment listed in Exhibit E for the life of the concession agreement.
The City warrants that all food service equipment is in good working condition as of
the date of this Agreement, and will remain in good working condition for a period
of ninety (90) days from the date Concessionaire commences business. The
concessionaire shall provide proof of normal and periodic maintenance for range
hood, exhaust and makeup air exchange, HVAC system and all maintenance or
work performed to any equipment listed in exhibit E by furnishing quarterly reports
which include copies of servicing reports and invoices. At the termination of this
Agreement, Concessionaire shall return the listed food service equipment to the
City, subject to any wear and tear occasioned by the normal and customary use of
such equipment.
G. The Percentage Fees and Leasehold Tax are referred to collectively as the
"Concession Fees." All required payments of Concession Fees and the monthly
Gross Receipt reports shall be delivered to the:
Finance Director
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
H. Concessionaire shall deposit with City the amount of FIFTEEN THOUSAND AND
NO /100 DOLLARS ($15,000) (the "Security Deposit as security for
Concessionaire's compliance with its obligations under this Agreement. City shall
deposit the concessionaire security deposit in an interest bearing account to the
benefit of the Concessionaire. During the term of this Agreement, or upon
termination, in the event of any failure of performance or other default by
Concessionaire, the City shall be entitled to have recourse to the Security Deposit for
any unpaid concession fees, damages to the Concession Area, or other City losses
arising from Concessionaire conduct. If Concessionaire has fulfilled all of its
obligations under this Agreement, City shall reimburse to Concessionaire the
Security Deposit, together with interest accrued, within fifteen (15) days following
the expiration date of the agreement, or a termination of the agreement that is not
occasioned by a failure of performance or other default by Concessionaire. Within
fifteen (15) days following a termination of the agreement that is occasioned by a
failure of performance or other default by Concessionaire, City shall reimburse to
Concessionaire any remaining balance of the Security Deposit.
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Page 4 of 31
A. The Concessionaire shall:
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IV. OPERATIONS AND SERVICE
1. Provide the number of personnel (in Concessionaire's sole and reasonable
judgment) to adequately manage and staff the Restaurant portion of the
Concession Areas. Personnel shall include a manager, whose principal
employment responsibility shall be the management of this Restaurant and who
shall spend a majority of his /her hours in such management capacity on site at
the Restaurant.
2. Prepare the application and assume responsibility for all costs and expenses of
the application and obtaining of a Class H license issued by the Washington State
Liquor Control Board. Concessionaire shall abide by the rules and regulations of
the Liquor Control Board relative to any such licenses. The City shall cooperate
in the application including, without limitation, executing any reasonable,
appropriate documents as "owner" of the Concession Areas that may be
required in conjunction with such application.
3. Provide complete food services, in compliance with all applicable health and
food service regulations, in and from the Restaurant for a minimum of ten (10)
consecutive hours per day during each day of golf course operations, which
include most holidays and all weekends; provided, that limited food service as
reasonably approved by the City may be provided during the period(s) when
remodeling and equipment installation is taking place. Food service shall not be
limited at any other time without prior written approval of the City. The
Concessionaire shall determine and post in a visible location which actual hours
during each day the Restaurant shall be open.
4. Keep the areas for which the Concessionaire is responsible under this Agreement
open and use them to transact business with the public daily during hours
designated by the Concessionaire. The holidays the Concession Areas may be
closed are Christmas Eve, Christmas Day, New Year's Day, and Thanksgiving
Day. Subject to the approval of the City, the Concessionaire may, upon posting a
written notice to the public of not less than one week, close the restaurant and
lounge for a reasonable period of time for repairs or remodeling as authorized,
for taking inventory, or to accommodate construction by the City of public
improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet
Rooms and establish an advertising program acceptable to and approved by the
City's Director of Parks and Recreation Department or designee. The City shall
Page 5 of 3l
not unreasonably withhold its approval of an advertising program proposed by
the Concessionaire provided it is in conformance with applicable laws and
regulations, is generally accepted as advertising practices for similar business
operations, and reflects community standards.
B. The facility shall be smoke free. Designated smoking areas shall be at least 25ft from
the building.
C. The City shall allow the Concessionaire to operate a beverage/ snack cart on the golf
course. The cart may serve and sell alcoholic beverages if authorized by State
license, food items, and sundries.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas, subject to the right of the City to
periodically review the price schedules for all food and beverages to ensure
competitive pricing with other golf course concessions.
E. Concessionaire may not subcontract all or any portion of the Restaurant, Lounge or
beverage cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval of the City, which
approval shall not be unreasonably withheld, conditioned or delayed. The
Concessionaire shall submit detailed plans and secure any needed
permits /approvals for all exterior and interior signs. In all cases, signage shall be
consistent in size, color, lettering and theme to the clubhouse design and regular
park signage and specifications, and in accordance all governmental regulations.
G. With respect to the entry signage, including building entry and roadside signage,
the Concessionaire shall pay all related costs.
H. Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and "private"
function activities in the Concession Areas so as to avoid unreasonable conflicts with
golf course events and activities, particularly when parking limitations exist due to
tournaments, demonstrations or other similar "high use" periods. Concessionaire
shall maintain at all times readily accessible, up -to -date scheduling records
associated with the Restaurant and Banquet Rooms.
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I. The following shall be excluded from the Concessionaire's operation:
1. Non -food products unless approved by the City; which approval shall not be
unreasonably withheld, conditioned or delayed;
2. Vending machines unless approved by the City, which approval shall not be
unreasonably withheld, conditioned or delayed; (provided, however, that
Concessionaire shall be allowed to install and maintain one (1) cash machine in
the Concession Areas); and
3. Video games or gambling devices unless approved by the City, which approval
shall not be unreasonably withheld, conditioned or delayed;
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V. RELATED RIGHTS
The City shall have the right at any time to establish and revise, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas
provided that the City shall give thirty (30) days written notice to Concessionaire prior
to imposing or revising such rules and regulation. The rules and regulations may
include, but are not limited to, the following:
1. The minimum number of hours that the Restaurant, Lounge, and restrooms are
to be open to the public, provided that in no event shall Concessionaire be
required to operate the Restaurant or Lounge more than eight (8) hours per day.
2. General rules of conduct regarding use of the Restaurant, provided that such
rules shall be consistent with the spirit of this Agreement and the operation of a
first -class restaurant operation, and shall not materially increase Concessionaire's
operating costs.
3. The City reserves the right to use the Banquet Rooms for eight (8) events
annually, at no fee to the City for the use of the Banquet Rooms. City shall
schedule such Banquet Room events in writing with Concessionaire not less than
thirty (30) days prior to the planned event date, and scheduling shall be subject
to events scheduled by Concessionaire prior to receipt of City's scheduling
notice. City shall be required to use Concessionaire's food and beverage services
and shall pay scheduled prices for any food, beverages or services provided to
City during its use of the Banquet Rooms.
4. The City reserves the right to use the Covered Patio for eight (8) events annually,
at no fee to the City, for the promotion of the men's and women's clubs and
course tournament program. City shall schedule such Covered Patio events in
Page 7of3l
writing with Concessionaire not less than thirty (30) days prior to the planned
event date, and scheduling shall be subject to events scheduled by
Concessionaire prior to receipt of City's scheduling notice. City shall be required
to use Concessionaire's food and beverage services and shall pay scheduled
prices for any food, beverages or services provided to City during its use of the
Covered Patio.
5. The City reserves the right to use of the Banquet Area and Covered Patio for
impromptu use if no conflicting events are scheduled with Concessionaire for the
use of such areas, provided that City shall give Concessionaire as much advance
notice as possible. City shall be required to use Concessionaire's food and
beverage services and shall pay scheduled prices for any food, beverages or
services provided to City during its use of the Banquet Area or Covered Patio.
City shall retain all rights to make reasonable improvements to the Club House
building to enhance access or use. Prior to commencing any such improvements, the
City shall give the Concessionaire not less than thirty (30) days prior written notice of
the nature and schedule of such improvements in order for Concessionaire to review
and comment on the proposed improvements. The City shall review and duly consider
the comments of the Concessionaire and other relevant information prior to making a
final decision regarding the completion of the improvements. If these additional
improvements increase the cost of the basic liability policy to the Concessionaire, the
City shall reimburse the Concessionaire for any reasonable additional cost. City shall
use best efforts to minimize disruption, construction- related dust, and to otherwise not
interfere with Concessionaire's operations in the Concession Areas. The City shall not
unreasonably interfere with access to the Premises by Concessionaire, its employees,
vendors, and customers.
VI. PRICES AND WEIGHTS
Concessionaire and its employees shall not make or permit any misrepresentation as to
kind, quality, weight or price of food, beverages or merchandise offered for sale, nor
refuse to sell the same, which have been displayed or advertised (except due to
unavailability of the particular item or running out of stock).
VII. CUSTODIAN AND SECURITY SERVICES
Concessionaire shall, at all times, keep the Concession Areas in a neat, clean, safe and
sanitary condition, and in compliance with all applicable codes. Concessionaire shall
keep the glass of all windows and doors clean and presentable, furnish all cleaning
supplies and materials needed to operate the Concession Areas in a manner prescribed
in this Agreement, and provide all necessary janitorial services to adequately maintain
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Concession Areas. Concessionaire shall provide alarmed security in the concession
areas when the premises is closed.
VIII. UTILITIES
The City and Concessionaire agree to pay for utility charges consistent with Exhibit "E"
of this agreement. Generally, the Concessionaire shall pay all charges for water, sewer,
electricity, Metro utility, natural gas, garbage, and security for the following Concession
Areas: the Restaurant, Lounge, Kitchen, mechanical room (for the Concession Areas),
storage area, Banquet Rooms, Patio, Covered Patio, Interior Rest Rooms, and all sewer,
water and garbage.
The City will be responsible for the utility charges from: the Concessionaire office
Lobby /Hospitality, hallway to Banquet Rooms, vestibule, pro shop storage, pro shop,
cart storage, exterior rest rooms parking lot, exterior lighting. The Concessionaire shall
install and maintain at its expense, a private telephone in the Concessionaire office.
A. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements or construction (interior or exterior), submit to the City's
Director of Parks and Recreation a concept proposal paper including preliminary
sketches of such work. If approved by the Director of Parks and Recreation, the
Concessionaire may then submit to the City in writing, formal plans for alterations,
improvements, and construction along with a breakdown of costs for such
improvements. Such approval by the Director of Parks and Recreation shall not be
unreasonably withheld, conditioned or delayed.
B. All plans submitted are subject to the approval of the City prior to commencement
of any alteration, improvements or construction. The City agrees to promptly review
said plans, and if the alterations, improvements, and construction are acceptable, to
promptly approve the same, and the plans as approved shall be attached to an
executed copy of this Agreement and incorporated herein. Such approval by the
City shall not be unreasonably withheld, conditioned or delayed.
C. The City's Consent may be conditioned on compliance with any applicable City and
State laws regarding procurement of the capital improvement work, and or
working conditions on the project.
D. All work performed shall be in accordance with approved plans, and shall be
carried out in a manner that minimizes impact upon the use of golf course to the
public. Concessionaire shall be responsible for obtaining all governmental permits
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IX. CAPITAL IMPROVEMENTS
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and meeting all code requirements and shall submit copies of the same to the City or
its representative prior to commencing any construction on the Concession Areas.
E. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In
the event any such work is not according to plans as then approved by the City,
shall send a Notice of Non Compliance to the Concessionaire. In the event the
Concessionaire fails to make corrections within twenty (20) days after the
Concessionaire's receipt of such Notice of Non Compliance, the City may make
whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such
corrective work.
F. All alterations, improvements, and construction (excluding trade fixtures) shall
become the property of the City upon termination or expiration of this Agreement
and shall be installed solely at the Concessionaire's expense unless the City
expressly agrees in writing to contribute toward the costs thereof. Notwithstanding
any provision to the contrary contained herein, upon termination of this Agreement,
Concessionaire shall have the right to de- identify the Concession Areas by removing
all brand identity elements such as proprietary signage, custom lighting, trade
fixtures, and personal property related to the Concessionaire's restaurant brand.
X. MAINTENANCE
A. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of
the concession areas, reasonable wear and tear excepted. Maintenance shall include
cleaning, refinishing and painting of the interior of the Concession Areas specifically
including the restaurant, lounge, kitchen, banquet rooms, carpet, and interior
restrooms and the exterior's covered patio, and patio areas. Concessionaire shall
maintain the Concession Areas to first class commercial facilities standards. Any
failure by the Concessionaire to maintain the Concession Areas shall be deemed a
default under the Agreement.
B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, HVAC system (not including
kitchen range hood, exhaust and make -up air exchange and HVAC system servicing
the kitchen area), electric power lighting panels and distribution circuits, plumbing
system including plumbing fixtures, provided, that any damages or repairs which
are the result of the Concessionaire's negligent or intentional acts shall be the
responsibility of the Concessionaire. City acknowledges that it is responsible for the
construction and installation of the plumbing system, including the dishwasher
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drain and any grease traps. City shall indemnify and hold harmless Concessionaire
from any cost or expense associated with the maintenance, repair, or replacement of
the dishwasher drain/ plumbing system due to the City's election to construct the
dishwasher drain /plumbing system without a grease trap.
C. The Concessionaire and City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns.
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XI. HAZARDOUS SUBSTANCES
A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any
federal, state, or local statute, ordinance, rule, regulation, or other law now or
hereafter in affect pertaining to environmental protection, contamination, or cleanup
(collectively, "Environmental Laws
B. Concessionaire shall keep upon the Concession Areas, in a location accessible to
City, on request during normal business hours, copies of all reports regarding
hazardous or toxic materials in the Concession Areas that Concessionaire has
provided to any governmental agency in the previous quarter. Concessionaire shall,
upon request and at Concessionaire's expense, provide City with a copy of any such
report as to which City requests a copy. In the event of any accident, spill, or other
incident involving hazardous or toxic matter that Concessionaire is required to
report to any governmental agency, Concessionaire shall immediately report the
same to the City and supply City with all information and reports with respect to
the same, together with Concessionaire's clean -up or remediation plan and
schedule. If such clean -up or remediation plan is not acceptable to City in City's sole
discretion, City may so notify Concessionaire and, upon 48 hours prior written
notice (or without notice if so required by an emergency) may enter on the
Concession Areas to conduct the cleanup or remediation and charge Concessionaire
the costs thereof. All information described herein shall be provided to City
regardless of any claim by Concessionaire that it is confidential or privileged,
provided that the City shall not publish or disclose the information to any third
party except as pursuant to Chapter 42.56, the public Records Act.
C. Indemnification: Concessionaire agrees to hold harmless, protect, indemnify, and
defend City from and against any damage, loss, claim, or liability, INCLUDING
reasonable attorney's fees and costs, resulting from Concessionaire's use, disposal,
transportation, generation, and /or sale of any Hazardous Substances. The City
agrees to hold harmless, protect, indemnify, and defend Concessionaire from and
against any damage, loss, claim, or liability, including attorney's fees and costs,
resulting from (a) Hazardous Substances existing on the Concession Areas as of the
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date of execution of this Agreement; or (b) Hazardous Substances thereafter used,
disposed of, or generated on the Concession Areas by the City; or (c) Hazardous
Substances used, disposed of, or generated on the Concession Areas by any third
party unrelated to Concessionaire. These indemnities will survive the termination of
this Agreement, whether by expiration of the Term or otherwise.
D. Risk of Loss: All personal property of any kind or description whatsoever in the
Concession Areas shall be at the Concessionaire's sole risk, and City shall not be
liable for any damage done to, or loss of, such personal property. However,
Concessionaire is not responsible for losses or claims of stolen property during those
periods of exclusive use of these areas by the city or its employees.
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XII. TERMINATION
A. The parties may terminate this Agreement at any time by mutual execution of such
written termination agreement as may be negotiated between the parties.
B. The City may terminate this Agreement and take immediate possession of the
Concession Areas in the event that the Concessionaire shall have failed to perform
any of the covenants or conditions of this Agreement and such default or deficiency
in performance was not remedied by the Concessionaire within thirty (30) days after
receiving notice in writing stating with reasonable specificity the nature of the
default or deficiency and the City's intention to terminate if not corrected; provided,
however, that in the event of a default or deficiency that is of a nature requiring
more than 30 days to remedy, Concessionaire shall not be in default so long as
Concessionaire undertakes to remedy the default or deficiency within the 30 -day
period and thereafter diligently pursues completion of the remedy.
This paragraph shall not apply where the Concessionaire's failure to perform in a
timely manner was caused by the Concessionaire's inability to secure necessary
governmental permits, excluding licenses from the Washington State Liquor Control
Board. The Concessionaire may terminate this Concession Agreement in the event it is
unable to secure the governmental permits necessary to the use of the Concession Areas
proposed herein.
C. In addition, the City may terminate this Agreement and take immediate possession
of the Concession Areas in the event that the Concessionaire shall have been
convicted of committing or engaging in any illegal activity as a part of the
concession operations, including the willful failure to pay all taxes and required fees.
D. In the event that after termination, as provided herein, Concessionaire has not
removed its property and fixtures within the time allowed, the City may, but need
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not, remove said personal property and hold it for the owners thereof, or place the
same in storage, all at the expense and risk of the owners thereof, and
Concessionaire shall reimburse the City for any expense incurred by the City in
connection with such removal and storage. The City shall have the right to sell such
stored property, without notice to Concessionaire, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale shall be applied first to
the cost of such sale, second to the payment of the charges for storage, and the third
to the payment of any other amounts which may then be due from Concessionaire to
the City, and the balance, if any, shall be paid to the Concessionaire.
Notwithstanding any provision to the contrary contained herein, City's and
Concessionaires rights under this paragraph shall be subject to the applicable laws
of the State of Washington.
E. Upon expiration of the term of this Agreement, Concessionaire shall remove all its
goods, wares and merchandise from the Concession Areas and shall remove any
equipment or trade fixtures placed therein by Concessionaire pursuant to the terms
of any written Agreement providing for removal by the Concessionaire upon
expiration. The Concessionaire shall have twenty (20) days to complete removal of
such property from the Concession Areas. The Concessionaire shall restore any
areas damaged by the installation of trade fixtures or equipment to the condition of
the area before installation occurred, reasonable wear and tear excepted. No non
trade fixtures or improvements or additions to the Concession Areas shall be
removed unless previously agreed in this Agreement or a separate writing signed by
both parties. The City may, but need not, treat any property remaining upon the
Concession Areas after expiration of this Agreement or period for removal of
Concessionaire's property as abandoned by Concessionaire, and may make any
disposition of such property as the City deems fit.
F. Upon termination or expiration of this Agreement, the Concessionaire shall
surrender the Concession Areas to the City in as good condition as at the date of
execution of this Agreement, except for the effects of reasonable wear and tear,
alterations and repairs made with the concurrence of the City, and property damage
caused by risks insured against under fire, extended coverage and vandalism
insurance in current practice.
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XIII. STANDARDS OF CONDUCT
A. Concessionaire recognizes that, although it is operating the concession facilities as
an independent operator for profit, the City's Department of Parks and Recreation is
organized and exists for the purpose of maintaining park and recreation facilities for
the use and enjoyment of the general public. The Concessionaire and its employees
will devote their best efforts toward rendering courteous service to the public as
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though Concessionaire and its employees were employees of the City, with a view
of adding to the enjoyment of the patrons of this recreational facility.
B. Concessionaire shall operate and conduct the concessions in the Concession Areas in
a business like manner, and will not permit any acts or conduct on the part of the
Concessionaire's employees that would be detrimental to the City's image and
operation of the golf course.
C. Concessionaire shall at all times provide sufficient personnel to adequately staff the
Concession Areas. All personnel shall be dressed in neat appearing attire, which
shall include a standard uniform and shirt logo for Concessionaire personnel that
shall uniquely identify a Concessionaire's employee but which shall not in any way
infer association with or depict representation of the City.
XIV. COMPLIANCE WITH LAWS
The Concessionaire, its officers, employees, and agents shall comply with applicable
federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in
performing its obligations under this Agreement. Such compliance shall include abiding
by all applicable federal, state and local policies to ensure equal employment
opportunity based on ability and fitness to all persons regardless of race, creed, color,
national origin, religion, sex, physical handicaps or age. The Concessionaire shall
comply with applicable laws, standards, and regulations pertaining to employment
practices and employee treatment. Conditions of the Federal Occupational Safety and
Health Act of 1970 (OSHA), and the Washington Industrial Safety and Health Act of
1973 (WISHA). Concessionaire agrees to indemnify and hold harmless the City from all
damages assessed for the Concessionaire's failure to comply with the Acts and
Standards issued thereunder. The Concessionaire is also responsible for meeting all
pertinent local, state and federal health and environmental regulations and standards
applying to any operation in the performance of this Agreement.
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XV. ACCESS TO BOOKS AND RECORDS
A. The City or its agents shall have the right to examine and inspect the books and
records of the Concessionaire for the purpose of validating Gross Receipts reports.
If Concessionaire conducts business operations at a location outside the Concession
Areas, Concessionaire shall adopt an accounting system to accurately reflect the
Gross Receipts and expenses derived from the Concession Areas to include
beverage/ snack cart sales. Concessionaire shall record all Restaurant sales using
systems which electronically and/ or digitally record and identify the dates of sales
and the types and amounts of each transaction (so- called "point of sale" or "POS"
systems). The electronic and /or digital POS system data files from the restaurant
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and lounge areas may be required to be turned in to the City and are also subject to
annual on -site inspections. All electronic and/or digital POS system data files are to
be maintained for two (2) years.
B. The Concessionaire shall provide to the City within one hundred five (105) days of
the end of a calendar year, a copy of its State B &O Tax Report for the previous year.
No certified copy of an annual report shall be required. The City shall not pay the
Concessionaire for preparation of any of the financial records or State B &O Tax
Report that will be provided to the City.
Either party shall have the right without liability to the other to make photographs or
motion pictures of the facilities, grounds, golf course, and proximate spaces, activity
therein, and/or displays or exhibits.
Except for payments and Gross Receipt reports as directed by Article III.E. above, any
notice required or permitted hereunder must be in writing and will be effective upon
the earlier of personal delivery or three days after being mailed by certified mail, return
receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that
party designated herein. Either party may specify a different address for notice
purposes by written notice to the other. All notices shall be delivered to the following
addresses:
To the City at the following address:
Office of the City Clerk
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
XVI. PHOTOGRAPHS
XVII. ADDRESSES FOR NOTICES
And to the Concessionaire at the following address:
With a copy to:
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The City and Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall
assign the contract in part or as a whole, without the written consent of the other, which
consent shall not be unreasonably withheld, conditioned or delayed. In circumstances
where subcontracting is not prohibited elsewhere in this Agreement, the Concessionaire
shall not subcontract any of the Concession Areas, services, facilities, or equipment, or
delegate any of its duties under this Agreement without the prior written approval of
the City, which approval shall not be unreasonably withheld, conditioned or delayed.
A. Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard
to race, color, religion, sex, age, or national origin. No person shall be refused
service, be given discriminatory treatment, or be denied any privilege, use of
facilities or participation in activities on the Concession Areas on account of race,
color, religion, sex, age or national origin.
B. Concessionaire shall not discriminate in employment on the basis of race, color,
national origin, sex, religion, age, marital status, or disability, except for
employment actions based on bona fide occupational qualification.
XX. CASUALTY TO OR DEMOLITION OF CONCESSION AREAS
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties
recognize that some one or more of these uses may be interfered with or prevented
because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other
extraordinary casualty "Casualty"
A. Material Damage. If the Concession Areas are damaged or destroyed by fire or any
Casualty which cannot, despite diligent, good faith efforts be repaired or restored
within one hundred twenty (120) days following the date on which such damage
occurs, then Concessionaire may elect to terminate the Agreement effective as of the
date of such damage or destruction. Within thirty (30) days after the date of such
damage, the parties shall determine how long the repair and restoration will take.
After that determination has been made, Concessionaire shall have a period of thirty
(30) days to terminate the Agreement by giving written notice to City.
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XVIII. ASSIGNMENT OF AGREEMENT
XIX. EQUALITY OF TREATMENT
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B. Repair After Damage. If Concessionaire does not give notice of Concessionaire's
election to terminate as provided in Section XII A, then City shall, subject to the
provisions of this Section, immediately commence and diligently pursue the
completion of the repair of such damage so that the Concession Areas and the Golf
Course Property is restored to a condition of similar quality, character and utility for
Concessionaire's purposes, including restoration of all items described on Exhibit C
and Exhibit E existing in the Concession Areas prior to such damage.
Notwithstanding anything contained herein to the contrary, if the Concession Areas
or the Golf Course property is not repaired and restored within one hundred twenty
(120) days from the date of the damage, Concessionaire may cancel the Agreement
at any time before City completes the repairs and delivers the restored Concession
Areas to Concessionaire. If Concessionaire does not so terminate, City shall
continue to restore the Concession Areas. Concessionaire shall have no claim
against the City for any direct, incidental or consequential damages arising from the
City's failure to commence or complete any repairs to the Concession Areas.
C. Uninsured Damage. If damage or destruction is caused by a peril not required to be
insured against hereunder and for which insurance proceeds are not available, either
City or Concessionaire may terminate this Agreement by thirty (30) days written
notice to the other of its election so to do and the Agreement shall be deemed to
have terminated as of such date unless the other party agrees in writing to pay for
such repairs or restoration.
XXI. NO LIENS OR ENCUMBRANCES
It is mutually understood and agreed that the Concessionaire shall have no authority,
express or implied, to create or place any lien or encumbrance of any kind or nature
whatsoever upon, or in any manner to bind, the interest of the City in the Concession
Areas or to charge the rentals payable hereunder for any claim in favor of any person
dealing with Concessionaire, including those who may furnish materials or perform
labor for any construction or repairs, and each such claim shall affect and each such lien
shall attach to, if at all, only the right and interest granted to Concessionaire by this
Agreement. If any such liens are filed, City may, without waiving its rights and
remedies for breach, and without releasing Concessionaire from its obligations
hereunder, require Concessionaire to post security in form and amount reasonably
satisfactory to City or cause such liens to be released by any means City deems proper,
including payment in satisfaction of the claim giving rise to the lien. Concessionaire
shall pay to City upon demand any sum paid by City to remove the liens. Further,
Concessionaire agrees that it will save and hold the City harmless from any and all loss,
cost, or expenses based on or arising out of the asserted claims or liens, against this
Agreement or against the right, title, and interest of the City in the Concession Areas or
under the terms of this Agreement, including reasonable attorney's fees and costs
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incurred by City in removing such liens, and in enforcing this paragraph. Additionally,
it is mutually understood and agreed that this paragraph is intended to be a continuing
provision applicable to future repairs and improvements after the initial construction
phase.
B. Liability Insurance: Not less than thirty (30) days prior to the date of
Concessionaire's entry onto the Concession Areas, Concessionaire, at its own
expense shall obtain and file with the City's Risk Manager a Certificate of Insurance
evidencing commercial general liability insurance coverage "CGL providing
coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per
occurrence for property damage. This Certificate of Insurance shall be subject to
approval by the City's Risk Manager as to company, terms and coverage, and said
approval shall not be unreasonably withheld. The CGL shall name the City as an
additional insured and must fully protect the City from any and all claims and risks
and losses in connection with any activities or omissions by the Concessionaire by
virtue of this Agreement. The CGL policy shall remain in full force and effect at the
Concessionaire's sole expense for liability for property damage or personal injury
that may occur in connection with activities or omissions by the Concessionaire or
its patrons, and provide coverage for the full term of this Agreement. Concessionaire
shall insure that the City's Risk Manager is given thirty (30) calendar days prior
written notice, by certified mail, of any cancellation, lapse, reduction or modification
of such insurance. Concessionaire shall have the right to maintain a deductible level
of up to $5,000.00.
XXII. INSURANCE
A. Fire, Earthquake, Flood Casualty Insurance: The Concessionaire agrees that, at all
times during the full term of this Agreement and at its own expense, Concessionaire
shall, at its sole cost and expense, maintain in full force and effect adequate fire,
flood and other casualty coverage covering the Concession Areas and its contents,
including all personal property, fixtures, improvements. Consessionaire agrees to
hold City harmless for any loss of Consessionaire owned furniture, fixtures,
equipment etc, due to an earthquake. Such policy shall include a replacement cost
endorsement. Concessionaire will, prior to commencing installations of their
supplied equipment at the worksite and before business operations commence, shall
obtain and file with the City's Risk Manager a Certificate of Insurance evidencing
such coverage. All such insurance coverage shall include a thirty -(30) day
cancellation notice to Concessionaire and the City. Adequacy of coverage is defined
as insurance sufficient to restore the Concession Areas to its pre- casualty condition.
C. Release and Waiver of Subrogation: Any policy of insurance carried by either City or
Concessionaire pursuant to any obligation under this Agreement, shall, to the extent
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available, contain a waiver of subrogation clause on the part of the insurer. Such
waiver shall apply to damages to adjacent property. Notwithstanding any other
provision of this Agreement, neither City nor Concessionaire shall be liable to the
other party or to any insurance company (by subrogation or otherwise) insuring the
other party for any loss or damage to any building, structure or tangible personal
property of the other occurring in or about the Concession Areas, even though such
loss or damage might have been occasioned by the negligence of such party, its
agents or employees, if such loss or damage is covered by insurance issued by an
insurance carrier authorized or licensed by the Insurance Commissioner of the State
of Washington to issue lines of insurance, benefiting the party suffering such loss or
damage or was required under the terms of this Agreement to be covered by
insurance by the party covering the loss.
XXIII. HOLD HARMLESS, INDEMNIFICATION,
AND INDUSTRIAL INSURANCE
A. Hold Harmless Indemnification: Each party hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its
officers, agents, or employees to the fullest extent required by law. Each party agrees
to save, indemnify, defend, or hold the other party harmless against all liability, loss,
damages, and expenses, including costs and attorney's fees, resulting from actions,
claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
consequence of the acts or failures to act of the other party, its employees, its
subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the
Concessionaire, any damages allowed shall be levied in proportion to the percentage
of negligence attributable to each party, and each party shall have the right to seek
contribution from the other party in proportion to the percentage of negligence
attributable to the other party.
S. Industrial Insurance: The parties have specifically negotiated Concessionaire's
waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of
Concessionaire's indemnification and hold harmless of the City, including the duty
to defend. This provision shall be inapplicable to the extent such action, claim, or
lawsuit is judicially found to arise solely from the acts or failures to act of the City.
A. Concessionaire Independent Contractor Status: The parties intend that an
independent contractor relationship shall be created by this Agreement. Nothing
contained herein shall create the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, and neither the method of
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XXIV. RELATIONSHIP OF PARTIES
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computation of consideration nor any other provision contained herein shall be
deemed to create any relationship between the parties hereto other than the
relationship of City as granting a concession to the Concessionaire. Concessionaire
has the experience, ability, and resources to develop and operate restaurant facility
and is performing independent functions and responsibilities within its field of
expertise. Concessionaire and its personnel are independent contractors and not
employees of the City. No agent, employee, servant, or representative of the
Concessionaire shall be deemed to be an employee, agent, servant or representative
of the City. Concessionaire and its personnel have no authority to bind the City or to
control the City's employees. As an independent contractor, Concessionaire is
responsible for its own management. The City's administration and enforcement of
this Agreement shall not be deemed an exercise of managerial control over
Concessionaire or its personnel.
B. No Third Party Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any
other party.
C. No Joint Venture /Partnership: It is mutually understood and agreed that no joint
venture or partnership formed as a result of this Agreement.
D. Formation of Concessionaire: Concessionaire is a Washington limited liability
company to be formed. No liability shall accrue to the members thereof by reason of
the formation of the limited liability company after execution of this Agreement.
XXV. PERMITS, LICENSES, TAXES AND FEES
A. The Concessionaire shall obtain and at all times maintain a current Tukwila Business
License and shall obtain all liquor, health, and all other regulatory licenses and
permits as may be required or become necessary, including all construction and
building permits, necessary to fulfill Concessionaire's obligations under this
Agreement at Concessionaire's sole expense. Each party agrees to execute such
additional or other documents as may be required to fully implement the intent of
this Agreement.
B. As an independent contractor, the Concessionaire shall be solely responsible for all
taxes, fees and charges incurred, including but not limited to license fees, business
and occupation taxes, workers' compensation and unemployment benefits, all
federal, state, regional, county and local taxes and fees, including income taxes,
leaseholder taxes, permit fees, operating fees, surcharges of any kind that apply to
any and all persons, facilities, property, income, equipment, materials, supplies or
activities related to the Concessionaire's obligations under this Agreement.
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XXVI. WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective
unless in writing, specifying such waiver, executed by the party against whom such
waiver is sought to be enforced. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
XXVII. ADVERTISING
Concessionaire shall submit for the City's approval, not to be unreasonably withheld,
all advertisements for commercial vendors related to the concession operation.
XXVIII. REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the
actual damages suffered by the City may be difficult to calculate and, in the event of the
abandonment of the premises by Concessionaire or entry by the City because of breach
or default by Concessionaire, Concessionaire shall pay at the City's option to the City
1/365th per day of prior year's concession fee as liquidated damages until the City has
obtained a new Concessionaire satisfactory to the City. For 2009, the rate would be at a
pro -rated daily amount. Such liquidated damages, if elected by the City, shall be in lieu
of any other remedy provided by law.
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or
for the restitution of the Concession Areas to the City or eviction of the Concessionaire
during the term or after expiration thereof, the substantially prevailing party shall be
entitled to recover from the other party all reasonable costs and reasonable attorney's
fees incurred, including the fees of accountants, appraisers, and other professionals, at
trial or on appeal, and without resort to suit.
XXX. ARTICLE HEADINGS, GENDER, NUMBER
Article paragraph headings are not to be construed as binding provisions of this
concession; they are for the convenience of the parties only. The masculine, feminine,
singular and plural of any word or words shall be deemed to include and refer to the
gender and number appropriate in the context.
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XXIX. COSTS ATTORNEY'S FEES
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XXXI. ENTIRE AGREEMENT
This Agreement and its Exhibits constitutes the entire agreement between the parties,
and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
XXXII. CHOICE OF LAW VENUE
This Agreement shall be interpreted according to the laws of the State of Washington.
Any judicial action to resolve disputes arising out of this Agreement shall be brought in
King County Superior Court.
XXXIII. MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXIV. ILLEGAL PROVISIONS SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance
of the Agreement shall remain in full force and effect.
XXXV. COUNTERPARTS
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
XXXVI. RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
IN WITNESS WHEREOF, this Agreement has been entered into between the City
of Tukwila and as of the day of 2009.
CONCESSIONAIRE, a Washington corporation
By:
CITY OF TUKWILA
Jim Haggerton, Mayor
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
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Page 22 of 31
LIST OF EXHIBITS
Exhibit A Architectural Floor Plan with Nunierical Identification of Rooms /Spaces
Exhibit B Legal Description of Foster Golf Course Property
Exhibit C Provided by the City in Concessionaire's Interests
Exhibit D Rights in Use and Control of Facility Spaces with Apportioning of Utility
Maintenance and Custodial Costs
Exhibit E Foster Golf Links Kitchen Equipment List
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Page 23 of 3 l
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that JIM HAGGERTON is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the CITY OF TUKWILA to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day of 2009, before me personally appeared
to me known to be the a
Washington corporation, that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute and in fact executed said instrument on behalf of the
corporation.
Given under my hand and official seal this
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day of 2009.
Type /Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
day of 2009.
Type /Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
Page 24 of 31
EXI- -4I5IT 4
BEI
°FRCP
LOWS
FO, A14
DMI41
FLOOR PLAN
Ell
t1F 2QR
IP" Et
11
LIEIIIIITGA
p1
1FFTIH'. e
P°'s
E44L
10 141
PATIO
EXHIBIT "B"
Legal Description of Property
King County Parcel Account Number 000300004900 Record Number 01
Legal Description:
0049 FOSTER STEPHEN DC #38 POR OF DC LY NELY OF PS E RY R/ W& NELY
ELY SELY OF FOLG
DESC LN BEG AT NXN OF ELY LN OF PS E RY R/W NLY MGN OF FOSTER ST
PROD ELY THN 49 -11 -08 E 51.59 FT TH
S 75 -02 -50 E TO C/L OF FOSTER ST PROD ELY TH NELY ALG SDC /L TO BANK OF
GREEN RIVER
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Page 26 of 31
EXHIBIT "C"
Provided by the City in the Concessionair's Interests
Bolded Items As specified within the project's construction documents,
required by the city pursuant to its construction contract with Wade Perrow
Construction, LLC., General Contractor.
1. Value of entire project 4- phased scope, including but not limited to: staff and legal
time and resources; architect; facility engineering; utility coordination; permits and
bidding; contracting; siting, site preparation; coordination with contractor and
construction administration required by project documents in concessionaire's areas
of use;
2. Project management /administrative services provided by the owner's
representative during construction; including the procurement of certain restaurant
equipment specified and contained within Volume 2 of the project manual.
3. Restaurant wood base molding, door, and window casings.
4. Epoxy kitchen flooring.
5. Carpeting.
6. Finished ceilings and soffits
7. Interior paint and wainscot finishes
8. One air curtain at kitchen door
9. Building security and fire alarm hardware systems (security not exceeding $8,704
owners allowance, with consultation)
10. Power, phone, and data infrastructure
11. Standard electrical type j boxes for future connections of music system by others
12. Restaurant booth stubout walls
13. Restaurant exterior walk up service counter
14. Patio and patio lighting
15. Ducts and fans for connection to three concessionaire supplied and installed
kitchen hoods
16. Raised floor for booths
17. Raised floor for breakfast bar
18. Underslab soda sleeves
19. Underslab plumbing
20. Slab floor sinks and drains
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Page 27 of 31
21. Backing for restaurant shelving
22. HVAC system and controls for kitchen, restaurant, lounge, (and all other
concessionaire use or joint use areas)
23. Kitchen make up air supply
24. Kitchen ductwork
25. Roof penetrations and venting, kitchen, restaurant, lounge and all other
26. Smoker slab, shed roof, and installation connections
27. Meeting room data wiring and floorbox connection
28. Meeting room divider /operable partition
29. All water routing and piping
30. General exterior building, grounds, parking lot, and landscape maintenance
31. Shared use benefit of "joint use areas
32. Exterior signage as budgeted by owner not to exceed $16,320
33. General overhead lighting fixtures in restaurant and in all other concessionaire
and joint use spaces;
34. Interior and exterior facility artwork, motif, and decor accessories procured by
owner to the extent provided in areas exclusive of the concessionaire's spaces.
35. Lobby furniture as selected and procured by owner;
36. Grease trap as required for compliance to city code
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Page 28 of 31
EXHIBIT "D"
Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance and Custodial Costs
The city and concessionaire have agreed that joint operations of the facility require 1)
that rights and responsibilities for the use and control of spaces be established, and 2)
that operating costs respective to those spaces which require utilities 3) necessary
maintenance and repair, and 4) custodial services be delineated. The following table
depicts these responsibilities:
Rm. Room/
No. Space Name
100 Pro Shop
101 Hospitality
102 Restaurant
103 Lounge
104 Kitchen
108 Meeting Room B (Banquet)
110 Meeting Room A (Banquet)
111 Meeting Hallway Corridor
112 Restroom Hallway Corridor
113 Mechanical
114 Storage (Meeting Rooms)
115 Women's Restroom
116 Men's Restroom
117 Electrical Data Room
119 Vestibule Front /Main Entry
120 SRR Sprinkler Riser Room
121 Lobby
122 Concessionaire Office
123 Storage Golf Retail
124 Cart Barn
125 Instruction Area
126 Men's Restroom Exterior
127 Women's Restroom Exterior
128 Office (Pro -Shop)
129 Patio, West Covered Dining
130 Patio, East Covered Dining
130A Patio, Meeting Room
Parking Lots
Exterior Site Lighting
Landscape
1
Right
City
Joint Use
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Joint Use
City
Concessionaire
Joint Use
Joint Use
Joint Use
Joint Use
City
Joint Use
Concessionaire
City
City
City
City
City
City
Concessionaire
Concessionaire
Concessionaire
Joint Use
Joint Use
Joint Use
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2
Utility
City
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
City
City
City
City
City
City
City
City
City
Joint Use
Joint Use
Joint Use
City
City
City
3
Maint
City
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
City
City
Concessionaire
Concessionaire
Concessionaire
City
City
City
City
Concessionaire
City
City
City
City
City
City
City
City
City
City
City
City
4
Custodial
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Not Required
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
Concessionaire
Concessionaire
City
City
City
City
City
City
Joint (note #1)
Joint (note #1)
Joint (note #1)
City
City
City
Page 29 of 31
Notes of Explanation
Exhibit "D" (Continued)
1. Patios: Daily maintenance is jointly shared in that the city will perform daily
cleaning in its proximity and landscape. The concessionaire will be responsible for
wastes, cleaning fixtures and furnishings including food and beverage stains.
2. Utilities: In consideration of overall HVAC, power, sewer, water, waste disposal,
CATV, landscape, parking lot cleaning, exterior building maintenance and lighting,
site and facility utility needs overall utility use considering rights to spaces were
deliberated. Facility utility loads, durations of daily operations, were considered and
utility responsibilities are apportioned by balancing some areas against others. The
right of use of the room or space does not strictly assign responsibility for utilities.
Phone/Data/CATV: Infrastructure is provided by the city. Trailing costs of
connections, installation, lines, and subscriber fees are the responsibility of the user.
Gas: gas usage has been established by separate meters and separate accounts.
Water: Interior water use is the responsibility of the concessionaire; exterior water
for irrigation and other uses are the responsibility of the city.
Waste Disposal &/or Recycling: is the responsibility of the concessionaire
Power: power use has not been established by separate meters and separate
accounts therefore it is the responsibility of the concessionaire to reimburse the City
for 80% of usage cost
3. Maintenance: "maintenance" refers not to routine custodial work, but to the
maintenance of walls, carpets, fixed and portable furnishings the condition of the
space and its contents. It includes replacements of light bulbs, repairs, stain removal,
painting, and refurbishing of spaces as it deteriorates through use over time.
4. Custodial: refers to routine, daily and other custodial functions, including, but not
limited to, sweeping, mopping, vacuuming, dusting, surface cleaning, waste
disposal.
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Page 30of31
EXHIBIT E FOSTER GOLF LINKS KITCHEN EQUIPMENT LIST
ITEM QTY DESCRIPTION MFR MODEL EACH PRICE TOTAL PRICE
1 1 EA 1 WALK -IN COOLER /FREEZER KYSOR CUSTOM 16'x12'x8'3" $9,710.00 $9,710.00
2 1 EA 1 EVAPORATOR COIL, COOLER ERICKSON REF Included 2.1
2.1 1 EA 1 COMPRESSOR, COOLER ERICKSON REF TBD $5,500.00 $5,500.00
3 LOT 1 COOLER SHELVING METRO MODEL $450.00 $450.00
4 2 EA 2 UTILITY RACK METRO RE1 $155.00 $310.00
5.1 1 EA 1 DUNNAGE RACK METRO 2KR346MC $660.00 $660.00
5.2 1 EA 1 DUNNAGE RACK METRO 2KR366MC $760.00 $760.00
6 1 EA 1 WALK -IN FREEZER KYSOR CUSTOM (inc in item #1)
7.1 1 EA 1 EVAPORATOR COIL, FREEZER ERICKSON REF included in item #7.2
7.2 1 EA 1 COMPRESSOR, FREEZER ERICKSON REF TBD $5,620.00 $5,620.00
8 1 LOT 1 FREEZER SHELVING METRO MODEL $1,120.00 $1,120.00
9 2 EA 2 UTILITY RACK METRO RE1 $155.00 $310.00
10.1 1 EA 1 SPARE NUMBER SPARE NUMBER NOT IN CONTRACT
11 1 EA 1 RACK #10 STORAGE LOCKWOOD CR69 -7 $390.00 $390.00
12 1 EA 1 MOBILE RACK METRO RE1 $200.00 $200.00
13 1 EA 1 COUNTER MIXER HOBART A200 +BUILDUP $3,450.00 $3,450.00
13.1 1 EA 1 MIXER STAND ADVANCE MT -GL -242 $260.00 $260.00
14 1 EA 1 WORK TABLE ADVANCE KAG -306 $380.00 $380.00
15 1 EA 1 WIRE SHELVING METRO 1436BR $40.00 $40.00
16 2 EA 2 INGREDIENT BIN RUBBERMAID 3600 $135.00 $270.00
17 1 EA 1 WORK TABLE ADVANCE KAG -303 (no shelf) $340.00 $340.00
18 1 EA 1 WIRE SHELVING METRO 1436BR $50.00 $50.00
19 1 EA 1 REACH -IN REFRIGERATOR TRUE T -49 $2,080.00 $2,080.00
20 1 EA 1 EMPLOYEE COUNTER BY GC CUSTOM
21 1 EA 1 EMPLOYEE LOCKERS BY GC CUSTOM
22 1 EA 1 WORK TABLE ADVANCE KAG -306 $340.00 $340.00
23 1 EA 1 OVEN, SLOW COOK/HOLD ALTO -SHAAM 1000 -TH -1 /HDII $7,040.00 $7,040.00
24 1 EA 1 TILT SKILLET GROEN HFP /2 -4,NAT $9,080.00 $9,080.00
25 1 EA 1 KETTLE, STEAM JACKETED GROEN TDB /C -40 $3,530.00 $3,530.00
25.1 1 EA 1 KETTLE POT FILLER FISHER 2040 $230.00 $230.00
25.2 1 EA 1 KETTLE STAND GROEN TS /9 -2 F/TDB /C -40 $580.00 $580.00
ITEM QTY DESCRIPTION MFR MODEL EACH PRICE TOTAL PRICE
26 1 EA 1 HEAVY DUTY GAS RANGE JADE RANGE JTRH -6 -36 $2,980.00 $2,980.00
27 1 EA 1 CONVECTION OVEN GAS BLODGETT OVENS DFG100 $8,200.00 $8,200.00
28 3 EA 3 KITCHEN SWING DOOR ELIASON LWP -3 $296.67 $890.00
29 1 EA 1 HAND SINK ADVANCE 7 -PS -60 $130.00 $130.00
30 1 EA 1 EXHAUST HOOD SPRING -AIR CUSTOM (PREP) 14' $7,320.00 $7,320.00
30.1 1 EA 1 EXHAUST HOOD FAN SPRING -AIR CUSTOM (INCLUDES #10.1& #94.1 LOAD $2,420.00 $2,420.00
31 1 EA 1 FIRE SUPPRESSION (PREP LINE) ANSUL CUSTOM (USES #95 UTILITIES)
32 2 EA 2 BANQUET SERVICE CARTS CRES COR H- 137- S -96 -BC $3,030.00 $6,060.00
33 1 EA 1 FOOD SLICER GLOBE 3600 $2,320.00 $2,320.00
34 1 EA 1 WORK TABLE ADVANCE KAG -304 $340.00 $340.00
35 1 EA 1 PREP SINK SSP 2c23X25 -224 $570.00 $570.00
35.1 1 EA 1 WALL -MOUNT FAUCET FISHER 3252 $50.00 $50.00
36 1 LOT 1 WIRE SHELVING METRO SHELVING $280.00 $280.00
37 1 EA 1 SOIL DISH TABLE METAL FAB CUSTOM $4,360.00 $4,360.00
38 1 EA 1 CLEAN DISH TABLE METAL FAB CUSTOM $1,320.00 $1,320.00
39 1 EA 1 RACK CONVEYOR WAREWASHER HOBART C44A- BUILDUP $10,890.00 $10,890.00
40 1 EA 1 PRE RINSE, WALL MOUNT FISHER 2210 -WB $180.00 $180.00
41 1 EA 1 WATER HEATER, BOOSTER HATCO C -27 $1,430.00 $1,430.00
42 1 LOT 1 WIRE SHELVING METRO SHELVING $130.00 $130.00
43 1 EA 1 DUCT HOOD (D/W) METAL FAB CUSTOM $820.00 $820.00
44 2 EA 2 WALL MOUNT FAUCET FISHER 3253 $80.00 $160.00
45 1 EA 1 3 COMP. SINK METAL FAB CUSTOM $2,700.00 $2,700.00
46 1 EA 1 MOP SINK ADVANCE B -OP -20 W/K -240 FAUCET $590.00 $590.00
47 1 LOT 1 WIRE SHELVING (DRY STORAGE) METRO MODEL $670.00 $670.00
49 1 EA 1 CO2 TANK N.J.C. Not in contract
50 1 EA 1 WIRE SHELVING (LOCKED 00. STOR) METRO SEC56CQ $730.00 $730.00
51 1 EA 1 DROP -IN SINK ADVANCE D1 -7 -10 $120.00 $120.00
52 1 EA 1 TRASH CAN RUBBERMAID SLIM JIM #9540 $30.00 $30.00
53 1 EA 1 UC COMPACT REFRIGERATOR BEVERAGE -AIR UCR20 $840.00 $840.00
54 1 EA 1 RACK (CUP) STORAGE BY GC CUSTOM
55 1 EA 1 DOLLY, DISHRACK CRES COR 501 -D $440.00 $440.00
56 1 EA 1 ESPRESSO EQUIPMENT ESPRESSIMO (SPEC Not in contract
57 1 EA 1 GRINDER ESPRESSIMO (OTHER) Not in contract
58 1 EA 1 SERVICE COUNTER BY GC CUSTOM
59 1 EA 1 SYRUP WARMER CECILWARE SD1 $130.00 $130.00
ITEM QTY
60 1 EA
61 1 EA
62 1 EA
63 1 EA
64 1 EA
65 1 LOT
67 1 EA
68 1 EA
69 1 EA
70 1 EA
71 1 EA
72 1 LOT
74 1 EA
75 1 EA
76 1 EA
77 1 EA
78 1 EA
79 1 EA
80 1 EA
81 1 EA
81.1 1 EA
81.2 1 EA
82 2 EA
83 1 EA
84 1 EA
85 1 EA
86 1 EA
87 1 EA
88 1 EA
89 1 EA
90 1 EA
91 2 EA
92 1 EA
93 1 EA
94 1 EA
DESCRIPTION
1 DROP -IN SINK
1 RACK (CUP) STORAGE
1 COFFEE MAKER, SATELLITE SYSTEM
1 WARMER
1 INSIDE SERVICE COUNTER
1 WIRE SHELVING
1 BEVERAGE COUNTER
1 GLASS RACKS
1 DROP -IN WATER ICE STATION
1 ICE /BEVERAGE DISPENSER
1 ICE TEA DISPENSER
1 WIRE SHELVING
1 SODA RACK STORAGE
1 PANTRY ISLAND
1 ELEC FOOD WARMER
1 DRAWER TYPE WARMER
1 UC COMPACT REFRIGERATOR
1 DIPPERWELL ASSEMBLY
1 ICE CREAM CABINET
1 ICE MAKER W/O BIN
1 ICE BIN
1 WATER FILTER
2 HAND SINK
1 SALAD PREP REFRIGERATOR
1 HOT FOOD TABLE
1 PREP REFRIGERATOR
1 MICROWAVE OVEN
1 MICROWAVE SHELF
1 SLOW COOK/HOLD OVEN
1 CARVING STATION
1 WIRE SHELVING
2 FOOD OVERHEAD WARMER
1 DBL PASS SHELF
1 WORK TABLE
1 EXHAUST HOOD (COOKLINE)
MFR
ADVANCE
BY GC
NEWCO
MEWCO
BY GC
METRO
BY GC
BY GC
DELFIELD
MI CORNELIUS
CECILWARE
METRO
N.I.C.
METAL FAB
DUKE
WELLS
TRUE
FISHER
EXCELLENCE
MANITOWOC
MANITOWOC
MANITOWOC
ADVANCE
TRUE
DUKE
TRUE
PANASONIC
ADVANCE
ALTO -SHAAM
CARLISLE
METRO
HATCO
METAL FAB
ADVANCE
SPRING -AIR
MODEL EACH PRICE TOTAL PRICE
D1 -1 -1-
CUSTOM
DUAL D @0011 GXDF -8D
GWT 70D496
CUSTOM
SHELVING
CUSTOM
CUSTOM
204
Not in contract
S2
SHELVING
Not in contract
CUSTOM
ACTW -1
RW -36
TUC -48
3041
B -5 EPT44SS
QY -1804A
F- 1300 -4B
TR1- L -25NH
7 -PS -60
TSSU -72 -1 B
E304SW
TSSU -72 -1 B
NE -1021
MS -18 -24
750 -TH -11
HL8195B
SHELVING
GRAH -48 -D
CUSTOM
KAG -303
CUSTOM -RIGHT 11'
$120.00
$1,790.00
$40.00
$50.00
$530.00
$50.00
$90.00
$3,830.00
$130.00
$1,890.00
$1,390.00
$110.00
$830.00
$5,460.00
$2,360.00
$280.00
$135.00
$2,000.00
$1,430.00
$2,000.00
$220.00
$150.00
$3,410.00
$430.00
$40.00
$130.00
$1,770.00
$340.00
$5,510.00
$120.00
$1,790.00
$40.00
$50.00
$530.00
$50.00
$90.00
$3,830.00
$130.00
$1,890.00
$1,390.00
$110.00
$830.00
$5,460.00
$2,360.00
$280.00
$270.00
$2,000.00
$1,430.00
$2,000.00
$220.00
$150.00
$3,410.00
$430.00
$40.00
$260.00
$1,770.00
$340.00
$5,510.00
ITEM QTY
94.1 1 EA
95 1 EA
95.1 1 EA
95.2 1 EA
96 1 EA
97 1 EA
98 1 EA
99 1 EA
100 1 EA
101 1 EA
102 1 EA
103 1 EA
104 1 EA
104.1 1 EA
105 1 EA
106 1 EA
107 1 EA
108 1 EA
109 1 LOT
110.1 1 EA
110.2 1 EA
B00 1 LOT
B02 1 EA
B03 2 EA
B04 1 EA
B05 2 EA
B06 2 EA
B07 1 EA
B08 2 EA
B09 1 EA
B10 1 EA
B11 1 EA
B12 1 EA
B12.1 1 EA
B13 1 EA
DESCRIPTION
1 COOKLINE EXHAUST HOOD
1 FIRE SUPPRESSION COOKLINE)
1 EXHAUST HOOD FAN
1 MAKEUP AIR SYSTEM
1 SPREADER RANGE
1 OPEN BURNERS /REFRIG.RAIL
1 SHORTY REFRIGERATOR
1 GAS SALAMANDER BROILER
1 HEAVY DUTY MODULAR GAS RANGE
1 GAS SALAMANDER BROILER
1 SHORTY REFRIGERATOR
1 HEAVY DUTY MODULAR GAS RANGE
1 SHORTY REFRIGERATOR
1 REMOTE REFRIGERATOR
1 FRYER DUMP STATION
1 DEEP FAT FRYER, GAS
1 WORK TABLE
1 CONVEYOR TOASTER (FUTURE)
1 WALL CAPS CORNER GUARDS
1 WALL FLASHING
1 WALL FLASHING
1 UNDERBAR MODULAR BAR DIE
1 UNDERBAR GLASS RACK
2 UNDERBAR COMB ICE BIN
1 UNDERBAR FILLERS DRAINBOARDE
2 BSA -18L
2 FROSTER GLASS /MUG
1 UNDERBAR DRY WASTE
2 UNDERBAR GLASS RACK
1 GLASSWASHER
1 UNDERBAR SINK
1 UNDERBAR FILLERS DRAINBOARD5
1 BACK BAR COOLER
1 REMOTE REFRIGERATOR
1 BACK BAR COOLER
MFR
SPRING -AIR
ANSUL
0
SPRING -AIR
JADE RANGE
JADE RANGE
JADE RANGE
JADE RANGE
JADE RANGE
JADE RANGE
JADE RANGE
JADE RANGE
JADE RANGE
ERICKSON REF
JADE RANGE
JADE RANGE
ADVANCE
HATCO
METAL FAB
METAL FAB
METAL FAB
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
GLASTENDER
ERICKSON REF
GLASTENDER
MODEL EACH PRICE TOTAL PRICE
CUSTOM -LEFT 14'
CUSTOM
FOR #94
SFA18-1GOD
JTPR -36 -SD
JMSS- 05 -T -60
JRLH- Q4R -5 -54
JSB -36RM
JMRH -72BGT
JSB -36RM
JRLH- 04R -T -72
JMRH -72B
JRLH- 04R -T -72
COOKLINE REFRIGERATORS
JTDS -18
JTFF- 240 -38
KAG -243
TQ -1200
CUSTOM
CUSTOM COOK LINE
CUSTOM PREP LINE
MD (31')
DBGR -18
CBA- 36L -CP 10
ICCB -45 UB CUSTOM
MODEL
MF24 -SF2
DWB -12
DBGR -24
GT- 24 -CCW -208
SWB-12-C
IFC -2424 CUSTOM UB
BB96 -N
PART OF #2.1 UNIT
RF72 -N6 -N
$7,560.00 $7,560.00
$6,840.00 $6,840.00
$2,420.00 $2,420.00
$8,370.00 $8,370.00
$1,790.00 $1,790.00
$6,650.00 $6,650.00
$4,010.00 $4,010.00
$1,770.00 $1,770.00
$4,000.00 $4,000.00
$1,770.00 $1,770.00
$4,100.00 $4,100.00
$4,490.00 $4,490.00
$4,100.00 $4,100.00
$5,160.00 $5,160.00
$870.00 $870.00
$4,320.00 $4,320.00
$330.00 $330.00
$1,000.00 $1,000.00
$370.00 $370.00
$1,220.00 $1,220.00
$810.00 $810.00
$2,980.00 $2,980.00
$450.00 $450.00
$1,520.00 $3,040.00
$270.00 $270.00
$545.00 $1,090.00
$1,435.00 $2,870.00
$230.00 $230.00
$500.00 $1,000.00
$4,300.00 $4,300.00
$620.00 $620.00
$330.00 $330.00
$2,310.00 $2,310.00
$1,830.00 $1,830.00
ITEM QTY DESCRIPTION MFR MODEL EACH PRICE TOTAL PRICE
B14 1 LOT 1 UNDERBAR BEVERAGE TOWER GLASTENDER BT -6 -MF
B15 1 EA 1 ESPRESSO EQUIPMENT N.I.C. Not in contract
B16 1 EA 1 GRINDER N.I.C. Not in contract
FT1 1 EA 1 FLOOR TROUGH (PREP LINE) EAGLE FT- 1884 -SG
FT2 1 EA 1 FLOOR TROUGH (ICE MACHINE) EAGLE FT- 1248 -SG
POS 1 EA 1 NOT IN CONTRACT ITEM N.I.C. Not in contract
901 1 LT 1 INSTALLATION OF BUY -OUT ITEMS 0
902 1 LT 1 INSTALLATION OF SHEET METAL ITEM 0
903 1 LT 1 WAREHOUSING DELIVERIES TO JOE 0
TOTAL
$1,470.00
$2,320.00
$1,220.00
$11,670.00
$3,330.00
$990.00
$1,470.00
$2,320.00
$1,220.00
$11,670.00
$3,330.00
$990.00
$260,850.00
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
March 23, 2009 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Verna Griffin, Chair; Joe Duffle and Kathy Hougady
Staff: Evie Boykan, Bruce Fletcher, Rhonda Berry and Kimberly Matej
Guests: Chuck Parrish, Deborah Salas and Lynda Hall of Community Schools Collaboration
CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Community Schools Collaboration Contract
Staff is seeking full Council approval of a two -year social services contract with Community School
Collaboration (CSC) in an amount not to exceed $260,000 ($130,000 in 2009 and $130,000 in 2010).
CSC is funded in the 2009/10 City Budget under the Parks Recreation Department budget page 72.
However, the management and monitoring of this contract has been assigned to the Human Services
Division. The draft contract requires reporting of professional development needs outcomes, parent
involvement and engagement, and other measures indentified by a third party evaluator currently retained
by Community Schools Collaboration (Judy Swanson Stuart Foundation) as found in Exhibit A, page 6
of the Committee agenda packet. Committee Chair Griffin inquired about the formula utilized to
distribute the funding from the City to the school based community programs as outlined in Exhibit A.
Ms. Salas responded that there is no formal process for fund distribution, however, and an effort is made
to fund each site equally based on participation. UNANIMOUS APPROVAL. FORWARD TO APRIL
13 COW FOR DISCUSSION.
City of Tukwila
Community Affairs and Parks Committee
B. Update on Foster Golf Links Restaurant Vender Search
As an information only item, Bruce Fletcher updated the Committee on the process of searching for a
restaurant vendor for Foster Golf Links. The outline below summarizes the process so far:
A call for Request for Qualifications (RFQ) was released in January
Five qualified vendors submitted RFQ's
A five- member panel was created to interview vendors and make appropriate
recommendations
o Panel members: Parks Recreation Director; Parks Recreation Deputy Director; Golf
Maintenance Operations Superintendent; Finance Director; and the Economic
Development Administrator.
The panel interviewed each of the five vendors, and the top two were chosen to move forward
in the vendor search process
The top two vendors attended a second interview with the five- member panel in addition to
the Mayor and City Administrator
After the second interview, Bruce Fletcher asked each panel member for feedback and
provided a vendor recommendation to the Mayor on February 23, 2009
A financial background check has been conducted on the recommended vendor
Community Affairs Parks Committee Minutes March 23. 2009 Paoe 2
A commercial real estate broker has been retained to conduct a financial analysis of the
recommended vendor to ensure this vendor is rightly qualified to move forward with
operating this restaurant location
Pursuant to the broker's review, a draft contract will be submitted to Council for review
Staff inquired about the possibility of going straight to COW with the draft contract rather than returning to
Committee. Committee members supported staff's request with the understanding that time is of the essence
in securing at restaurant vendor for Foster Golf Links Additionally, the commercial real estate broker who
conducted the analysis will attend the Council meeting at which the draft contract is discussed.
INFORMATION ONLY.
III. MISCELLANEOUS
Ms. Salas mentioned that Cascade View Elementary School has been targeted by National Institute of
Health (NIH) for an intensive health program that will center on nutrition and obesity. $1 million of HIH
funding has been committed for this demonstration project.
Meeting adjourned at 5:45 p.m.
Next meeting: Monday, April 13, 2009— 5:00 p.m. Conference Room #3
Committee Chair Approval
KAM. Reviewed by BF.
CAS NUMBER 09-047
A(;l Contracts for Animal Control Services
C \TuGOR\'
SPONSOR
SP()NS( )R'S
SUMMARY
MTG. DATE
04/13/09
MTG. DATE
04/13/09
Discussion Motion
Mtg Date 04/13/09 Alts Date 04/20/09 Mtg Date
COUNCIL AGENDA SYNOPSIS
iVleetin Date Prepared by Mayo,.r's review Council review 1
04/13/09 M.Villa G Jv
04/20/09 M.ViIIa 1 1
ITEM INFORMATION
ORIGINAL AGENDA DATE: APRIL 13, 2009
1
Resolution Ordinance 1 Bid Award Public Heating E Other
Altg Date
Initials
ITEM No,
Mtg Date Mtg Date Mtg Date
_J Council n Mayor 1 1 Adm Svcs 1 1 DCD !Finance 1 Fire LJ Le U PoR Police 1 1 Pik'
Currently, King County Animal Control and the City have an interlocal agreement that calls
for 12 hours of supplemental animal control services per week. An amendment to the
Interlocal will provide one full time officer to work within SeaTac and Tukwila, dedicating
twenty (20) hours of services per week to each city. The Council is being asked to
authorize the Mayor to sign an Interlocal Agreement with King County and an Interlocal
Agreement with the City of SeaTac for the enhanced animal control services.
RI',\ 1I',WI BY n COW Mtg. U CA &P Cmte F &S Cmte I Transportation Cmte
Utilities Cmte n Arts Comm. E Parks Comm.
DATE: 04/07/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Consideration of contracts
COMMr1`I'M Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPI?NDITURI? RI?QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$95,000 $76,000 $19,000
Fund Source: GENERAL FUND
Conmtents: Expenditure is for 7 months in 2009 and entirety of 2010 at $60,000 per year.
RECORD OF COUNCIL ACTION
n Planning Comm.
ATTACHMENTS
Information Memorandum dated 03/11/09
Interlocal Services Agreement- Amendment with King County in strike through form
Interlocal Agreement between Tukwila, King County, and SeaTac
Minutes from the Finance Safety Committee meeting of 4/07/09
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance Safety Committee
FROM: Mike Villa, Assistant Chief of Police
DATE: March 11, 2009
SUBJECT: King County Animal Control Services
ISSUE
The issue is the need for supplemental animal control services in the City of Tukwila.
BACKGROUND
The City of Tukwila and King County entered into an Interlocal Agreement dated
December 15, 1993 relating to the provision of animal control services within the City.
In 1994 the Interlocal was amended. King County agreed to provide supplemental
animal control service to average twelve (12) hours per week.
Jim Haggerton, Mayor
In August of 2007 the City and King County amended the Interlocal Agreement from
twelve hours per week to twenty (20) hours of dedicated animal services. King County
was unable to provide the twenty hours of supplemental services during 2007 or 2008.
King County is now capable of providing supplemental animal control services in the
form of an additional animal control officer dedicated to the City for an additional twenty
hours per week.
DISCUSSION
King County and the City of SeaTac have entered into essentially the same Interlocal
Agreement —a dedicated officer for twenty hours of supplemental animal services. If
the City signs this Interlocal Agreement, King County will provide one full time officer to
work within the two cities dedicating twenty (20) hours of services per week to each city.
The dedicated officer shall have a special emphasis on, but not limited to, off -leash
violations, barking dog complaints, potentially dangerous dogs, and provide special
presentations at community events such as the Backyard Wildlife Habitat Fair and
Tukwila Days.
The county fees include the officer's base hourly rate (including benefits) and the use of
the King County animal transport vehicle. The fees for the vehicle per year are $6,480.
The total costs are not to exceed $60,000 per year under this amendment. The City
budgeted, according to the previous 2007 amendment, $38,000 per year for 2009/2010.
W:I2009 In foMemoslanimalCon trol.doc
INFORMATIONAL MEMO
Page 2
The Police Department will absorb any cost overruns for 2009. A budget adjustment of
$12,000 will be needed for 2010.
RECOMMENDATION
The Council is being asked to approve the two Interlocal Agreements (one between
Tukwila and SeaTac and one between Tukwila and King County) and consider this
issue at the April 13, 2009 Committee of the Whole meeting and subsequent April 20,
2009 Regular Meeting.
ATTACHMENTS
Amendment to Interlocal Services Agreement with King County in strike through format
Interlocal Services Agreement with the City of SeaTac
W.12009 InfoMemoslanima IContradoc
INTERLOCAL SERVICES AGREEMENT AMENDMENT
Between the City of Tukwila and
King County Regarding Animal Services and Programs
This is an Amendment to the standing Interlocal Agreement between the City of Tukwila
and King County. The Amendment is for supplemental animal control services between
the City of Tukwila, a municipal corporation of the State of Washington, hereinafter
referred to as the "City and King County, a home -rule charter county, a political
subdivision of the State of Washington, hereinafter referred to as the "County
WHEREAS, the City of Tukwila (City) and King County (County) entered into an
Interlocal Agreement dated December 15, 1993 "the Interlocal Agreement relating to
the provision of animal control services within the City; and
WHEREAS, the City and County wish to amend the Interlocal Agreement to enable the
County to continue to provide the City Tukwila with additional animal control services
under an enhanced services program;
NOW, in consideration of mutual covenants, the City and County hereby agree to amend
the Interlocal Agreement by supplementing the Interlocal Agreement with the following
provisions contained in each section:
Section 1. Service Obligation
A. The County shall provide supplemental animal control services in the form of an
additional animal control officer dedicated to the City for an additional twenty
(20) hours per week. This additional twenty (20) hours of services per week
may be divided into more than one shift /day. This dedicated officer shall
have a special emphasis on, but not limited to, off -leash violations, barking dog
complaints, potentially dangerous dogs, and to provide special presentations at
community events such as the Backyard Wildlife Habitat Fair and Tukwila Days.
B. The scheduling of these additional service days will be determined by mutual
agreement of the contract administrators of this supplemental service; however,
days worked will routinely fall upon Wednesday, Thursday, Friday or
Saturday.
C. The additional animal control officer will be stationed within the City limits to
respond to specific calls for service, perform routine patrols, communicate with
City officials, and handle other related tasks as agreed to by the contract
administrators of this supplemental service.
D. The additional animal control officer will issue written warnings and citations at
the discretion of the contract administrators of this supplemental service.
Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services
Page 1of4
E. The additional animal control officer will appear in court on the City's
behalf when necessary.
F. The County shall provide the City with a general monthly calendar of scheduled
service in Tukwila, and a monthly report of the types of services offered and
performed.
G. The County shall submit to the City an invoice and billing voucher at the end of
each quarter. During the 4 quarter of 2007, a final invoice shall be submitted to
the City no later than December 15, 2007.
H. The City may provide the additional animal control officer with a City vehicle to
perforrn the supplemental animal control services or
the City may contract with
the County to provide a vehicle for the additional animal control officer at
additional expense to the City.
Section 2. Compensation.
In consideration for the supplemental services provided by the County as set forth
herein, the City promises to pay the County
we -at-the hourly rate of $3 .39- (evertime rate is $57,CQ; holiday rate is $76.7&
$3 .39). Not to exceed $35,000 per year.
as set forth below:
A. Hourly Rates for Additional Animal Control Officer When Total Hours
Worked Equal 40 Hours Per Week (Full Time):
The parties agree and anticipate that the City will share the cost of the
additional animal control officer with another city or cities so that the
additional animal control officer's work schedule will total at least forty (40)
hours per week or full -time status. The hourly rate for the additional
animal control officer at full -time use (40 hours per week) by either Tukwila
solely or in conjunction with another city or cities shall be as follows:
2009 Base Hourly Rate 1 $46.75
1 2009 Overtime Hourly Rate 1 $42.99
2009 Holiday Hourly Rate 1 $56.52
B. Hourly Rates for Additional Animal Control Officer When Total Hours
Worked Equal Less than 40 Hours Per Week (Less than Full Time):
In the event another city or cities no longer share the cost of the additional
animal control officer with Tukwila and thereby causes the additional animal
control officer's work schedule to be less than forty (40) hours per week or
less than full -time status, then the rates for enhanced service to Tukwila will
increase. The hourly rates for the additional animal control officer at less
than full -time usage are as follows:
Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services
Page 2of 4
2009 Base Hourly Rate for 20 hours per $56.72
week
2009 Base Hourly Rate for 25 hours per $51.83
week
2009 Base Hourly Rate for 30 hours per $50.63
week
2009 Overtime Hourly Rate 1 $42.99
2009 Holiday Hourly Rate 1 $56.52
C. The overtime rates are lower than the base rates because many program
costs other than salary are captured in the base rate and are therefore not
billed in the overtime rate.
D. In addition to the cost of the additional animal control officer as set forth
above, the City shall pay the County a monthly rate for the use of the
County's animal control vehicles. The monthly rate for use of the animal
control vehicle shall be proportionate to the City's usage of the vehicle for
enhanced services as set forth in this Amendment. The full 2009 monthly rate
for use of the animal transport truck is $1,080; and the full 2009 monthly
rate for use of the standard vehicle is $285.
E. The total annual compensation amount to be paid under this Agreement for
the Animal Control Officer and vehicle shall not exceed the total of sixty
thousand dollars ($60,000) per year.
Section 3. Contract Administrators. For purposes of these supplemental
services, the contract administrators shall be the City Administrator or a designee and the
King County Animal Care and Control Manager or designee.
Section 4. Other Portions of the Agreement Unaffected. Except as specifically
stated herein, all other portions of the Interlocal Agreement shall remain in place and are
unaffected by this Amendment. Further, except as specifically stated herein, all portions
of the Interlocal Agreement shall apply to the sections of this Amendment.
Section 5. Previous Amendments. All previous amendments to the Interlocal
Agreement for enhanced or supplemental animal control services are terminated.
Section 6. Discontinuation of Supplemental Services. The County or City may
discontinue the provision of supplemental services authorized by this agreement with or
without cause upon providing thirty -days written notice.
Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services
Page 3of 4
Section 7. Effective Date. This Amendment shall be effective upon the date last
signed below.
IN WITNESS WHEREOF, the parties have executed this agreement.
CITY OF TUKWILA KING COUNTY
Rhonda Berry Date Ron Sims Date
City Administrator King County Executive
Approved as to form: Approved as to form:
City Attorney Date Deputy Prosecuting Attorney Date
Amendment Interlocal Agreement Between City of SeaTac and King County Regarding Animal Services
Page 4of 4
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF TUKWILA, THE CITY OF SEATAC, AND KING COUNTY
REGARDING ENHANCED ANIMAL CONTROL SERVICES
THIS AGREEMENT is made by and between the City of Tukwila, a municipal corporation of
the State of Washington; and the City of SeaTac, a municipal corporation of the State of
Washington; and King County, a home rule charter county and political subdivision of the State
of Washington, for the purposes of cooperation and coordination regarding enhanced animal
control services provided by King County within the jurisdictions of Tukwila and SeaTac.
WHEREAS, each of the parties hereto has an interest in responsive and effective animal control
services; and
WHEREAS, the City of Tukwila and the City of SeaTac both contract with King County for
standard animal control services and enhanced (additional) animal control services; and
WHEREAS, in the event of an animal- related incident that has the potential for significant
injury to a citizen or animal, all parties desire the quickest and most effective response from the
King County enhanced services animal control officer; and
WHEREAS, the city boundaries of Tukwila and SeaTac are directly adjacent and their
communities are closely aligned; and
WHEREAS, all parties to this Agreement have determined that it is in the best interests of all
parties to set forth guidelines for providing priority animal control response and mutual aid to
each city in the case of an animal related incident with the potential for significant injury to a
citizen or animal;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. PURPOSE. The stated purpose of the Interlocal Agreement is to provide
priority response and mutual aid to the cities for additional /enhanced animal control services in
the event of an emergency animal control incident.
Section 2. DEFINITION. For the purpose of this Agreement, an emergency animal control
incident shall mean an animal- related incident with the potential for significant injury to a citizen
or animal. Additional /enhanced services Animal Control Officer references the King County
Animal Control Officer that shall provide supplemental animal control services in the form of
additional hours of service dedicated to the respective City under the provisions of an
Amendment to the Interlocal Services Agreement.
Section 3. REQUEST FOR ASSISTANCE. The Police Chief or his /her designee may
request that the additional /enhanced services Animal Control Officer terminate normal service in
the other parties' jurisdiction and respond immediately if confronted with an animal related
incident with the potential for significant injury to a citizen or animal.
Interlocal Agreement Between the City of Tukwila, City of SeaTac and King County Regarding Enhanced Animal
Control Services
Page 1 of 2
Section 4. COMPENSATION. The City of Tukwila and the City of SeaTac agree that if
either city invokes the mutual aid agreement as set forth herein by requesting assistance and
taking the additional /enhanced services Animal Control Officer away from contracted service in
the other City's jurisdiction, then the requesting City will relinquish an amount of supplemental
or enhanced animal control service time to the other city equal to the amount of service time
spent on the emergency call or mutual aid request. This reimbursement of additional /enhanced
service time shall occur as soon as practical.
Section 5. TERMINATION. This Agreement shall remain in full force and effect until
terminated by any party. A party desiring to teminate this Agreement shall serve written notice
upon all other parties of its intention to terminate this Agreement. Such notice shall be served
not less than thirty (30) calendar days prior to the termination date set forth in said written notice.
Said written notice shall automatically terminate this Agreement on the date specified therein
unless rescinded prior in writing.
Section 6. EFFECTIVE DATE. This Agreement shall be effective upon the date last
signed below.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF SEATAC KING COUNTY
Craig Ward
City Manager
Approved as to form:
City Attorney
CITY OF TUKWILA
Jim Haggerton
Mayor
Approved as to form:
Date
Date
Date
City Attorney Date
Ron Sims Date
King County Executive
Approved as to form:
Prosecuting Attorney Date
Interlocal Agreement Between the City of Tukwila, City of SeaTac and King County Regarding Enhanced Animal
Control Services
Page 2 of 2
Finance Safety Committee Minutes Aoril 7, 2009 Pace 2
funding relative to this outreach. Expenses are estimated at this time. UNANIMOUS APPROVAL.
FORWARD TO APRIL 20 REGULAR MEETING.
*Due to a full agenda for the April 13, 2009, Committee of the Whole Meeting, Committee Chair
Linder, with the concurrence of Committee Members, has approved the above three items to move
directly to the April 20, 2009, Regular Meeting for discussion and subsequent action.
D. General Fund Contribution to Equinment Rental
Staff is seeking full Council authorization to transfer $464,964 of General Fund contributions to the
General Fund balance rather than to the Equipment Rental Fund.
In response to continued unstable economic conditions, City Administration is proactively identifying
opportunities, such as this, to reduce General Fund expenditures. Removing the 2009 General Fund
contribution of $464,964 to the Equipment Rental Fund will not effect the Fund's operations and
maintenance budget; it will only effect the 2009 equipment replacement contributions which are utilized
to purchase replacement vehicles. The money will be moved to Department 20 (Contributions/Fund
Balance), segregating the cost savings and preventing the money from being spent.
It will be determined at a later time if this transfer is temporary or permanent. Temporary, meaning that
the money will be reimbursed to the specific fund when and if the Administration determines
replacement is plausible; or permanent, meaning that this is a one -time cost savings contribution that will
not be returned to the Fund.
Committee Members recognize the need for the City to be proactive during these times, and expressed
their appreciation for Administration attention to and recognition of cost savings opportunities.
UNANIMOUS APPROVAL. FORWARD TO APRIL 13 COW FOR DISCUSSION.
E. Kinu County Animal Control Services
Staff is seeking full Council approval to enter into two interlocal agreements for enhanced animal
services and programs. One interlocal agreement is between the City of Tukwila and King County in an
amount not to exceed $60,000 annually. The second interlocal agreement is between Tukwila and
SeaTac providing for priority response and mutual aid in the event of an emergency animal control
incident.
Assistant Chief Villa gave a brief history of animal control services in the City as summarized below
(taken directly from his informational memo to Committee):
The City of Tukwila and King County entered into an Interlocal Agreement dated December
15, 1993, relating to the provision of animal control services within the City.
In 1994, the Interlocal was amended. King County agreed to provide supplemental animal
control services to average 12 hours per week.
In August of 2007, the City and King County amended the Interlocal Agreement increasing
dedicated animal control services from 12 hours per week to 20 hours per week. However,
the amendment was never finalized because King County was unable to provide 20 hours of
supplemental services during 2007 or 2008.
King County is now able to provide the supplemental animal control services, in the form of an
additional animal control officer dedicated to the City, for an additional 20 hours per week. The total cost
of this additional service will not exceed $60,000 annually. This amount includes $6,480 for the County
to provide a dedicated animal control vehicle, plus the animal control officer's base hourly rate including
benefits. As determined by the interlocal agreement, the animal control officer will report directly to the
officer in charge (which will be Traffic Officer Jon Harrison) as well as the contract administrator
(Assistant Chief Mike Villa).
Finance Safety Committee Minutes Aoril 7, 2009 Paae 3
The current 2009/10 Biennium Budget reflects $38,000 annually for enhanced King County animal
control services. The Police Department will absorb additional costs in relation to increased overruns for
2009; however, a budget adjustment in the amount of $22,000 will be required for enhanced animal
control services provided in 2010. UNANIMOUS APPROVAL. FORWARD TO APRIL 13 COW
FOR DISCUSSION.
F. Sales Tax Renort: January 2009
Shawn Hunstock reviewed the January Sales Tax Report, noting that receipts are down 16% compared to
budget estimates and 13% compared to the same time period last year. If the assumption is that the City
will not meet budget (which is the current assumption), areas such as Agenda Item D above, are the first
steps the City will take in decreasing expenditures. Actual receipts for the entire first quarter will be
ready for review at the Budget Workshop scheduled for May 28. INFORMATION ONLY.
M. MISCELLANEOUS
The Committee was impressed with the efforts being taken to identify areas in the City where potential
costs savings are available (for example, Agenda Item D, above). Committee Members thanked staff for
their diligence in bringing information forward to the Finance and Safety Committee relative to financial
steps the City needs to take in response to the economy.
Meeting adjourned at 6:26 p.m.
Next meeting: Tuesday, April 21, 2009 5:00 p.m. Conference Room #3
Committee Chair Approval
Minutes by KAM. Reviewed by SH and RB.
13th (Monday)
Community
Affairs
Parks Cmte,
5: 00 PM
(CR #3)
City Council
Committee of
the Whole
Mtg.,
7:00 PM
(Council
Chambers)
14th (Tuesday)
Utilities
Cmte,
5:00 PM
(CR #I)
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
Transportation Finance
Cmte, Safety Cmte,
5:00 PM 5:00 PM
(CR #1) (CR #3)
City Council
Executive
Session,
6:30 PM
(Council
Chambers)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
Upcoming Meetings Events
APRIL 2009
15th (Wednesday)
FLOOD
INFORMATION
2:00 to 4:00 PM
Tukwila Community Ctr
Information to be
provided regarding the
Howard Hanson Dam
and personal prepared-
ness in the event of
future flooding.
Emergency
information available
at www.kingcounty.
gov floodplans.
D Parks Commission,
5:30 PM
(Community Center)
20th (Monday) 21st (Tuesday) 22nd (Wednesday)
FLOOD
INFORMATION
2:00 to 4:00 PM
Tukwila Community Ctr
Information to be
provided regarding the
Howard Hanson Dam
and personal prepared-
ness in the event of
future flooding.
Emergency
information available
at www.kingcounty.
gov /floodplans.
City Council
Special Mtg. (Work
Session on Tukwila
South project)
5:00 to 7:00 PM
(Council Chambers)
D COPCAB,
6:30 PM
(CR #5)
16th (Thursday) 17th (Friday) 18th (Saturday)
r 'ric c Met
Spots Task
Feree "Wig.
CANCELLED
Domestic
Violence Task
Force,
12:00 NOON
(Human
Services office)
Tukwila
Historical
Society,
7:00 PM
(George Long
facility)
Library
Advisory
Board,
7:00 PM
(Foster Library)
NOTE:
Meeting to be
held on
Thursday in
April and May.
A Planning
Commission
(Public Hearing
on Tukwila
Urban Center
Plan continued
from 3/26/09
meeting),
7:00 PM
(Council
Chambers)
Free Paper
Shredding Event
10:00 AM 1:00 PM
BECU parking lot
(12770 Gateway Dr.)
You may bring up to 3
grocery bags or 2
banker boxes.
Citizenship Day
Volunteer immigration
attorneys, paralegals,
and interpreters offer
FREE assistance with
citizenship applications.
10:00 AM 4:00 PM
Showalter Middle School
Call 1- 877 -926 -3924
or visit www.wanew
americans.org
Police Department's
Tip -a -Cop Fundraiser for
Special Olympics
12 Noon 8:00 PM
at Red Robin
(17300 SC Pkwy.)
Sun., April 19
Rainier Symphony
performance
3:00 PM
Foster Performing Arts
Center
For more information
call 206 -781 -5618
or visit www. rainier
symphony org
23rd (Thursday) 24th (Friday) 25th (Saturday)
Tukwila Int'I. Blvd.
Action Cmte's
Trash Pickup Day
9 10:00 AM
For location contact
Rick at
rick@forschler.org
Tentative Agenda Schedule
MONTH MEETING 1 MEETING 2
REGULAR C.O.W.
April 6
13
See agenda packet
cover sheet for this
week's agenda
(April 13, 2009
Committee of the Whole
Meeting)
20
MEETING 3
REGULAR
6:30 PM
EXECUTIVE SESSION
Special Presentations:
Zen Siegi, Small Business
Development Center at
Hzghline Conm
College
Library Advisory
Board
Proclamation:
Arbor Day in Tukwila
Public Hearing:
Shoreline Master
Program update and
environmental review
Unfinished Business:
Contract for the Bicycle
Routes and Sidewalk
Segments Design
Report
Storm drain easement
for property at
South 112th and
Tukwila Int'1 Blvd.
Contract with
Community Schools
Collaboration of
Tukwila for social
services.
Animal control
contracts (2).
Transfer of Funds from
the General Fund to
the ending fund
balance in the amount
of $464,964.00
New Business:
Authorize support of
the Court's participa-
tion in the Statewide
Amnesty Program to
provide opportunities
for driver re- licensing
Authorize purchase of
a project accounting
module for the Finance
Department
Transfer of Funds to
Emergency Manage-
ment budget in the
amount of $50,000.00,
for expenses related to
public outreach for the
Howard Hanson Dam
project
MEETING 4
C.O.W.
27
Special Presentation:
South King County
Homelessness Plan
(Jason Johnson,
City of Kent)
Proclamation:
Arts Education month