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Home My WebLink AboutReg 2013-11-18 Complete Agenda PacketL Op .y Tukwila City Council Agenda • REGULAR MEETING • 2 Jim Haggerton, Mayor Counciimembers + Joe Duffie + Dennis Robertson David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kathy Hougardy, Council President + De'Sean Quinn + Kate Kruller Monday, November EXECUTIVE SESSION — 6:00 PM — 6:45 PM Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) (45 minutes) 4 LOCATION: Conference Room #3 18, 2013; 7:00 PM • Ord #2420 • Res #1806 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATION Oath of Office to Judge Kimberly Walden. Mayor Haggerton 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease 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. CONSENT AGENDA a. Approval of Minutes: 11/4/13 (Regular Mtg.) b. Approval of Vouchers. c. Authorize the acceptance of the Washington State Military Homeland Security Grant for emergency management in the amount of $58,102.00. [Reviewed and forwarded to Consent by Finance and Safety Committee on 11/5/13.] d. Authorize the acceptance of an amendment to the King County Flood Control District Grant Agreement ( #12 -151) for the Duwamish Gardens Project in the amount of $765,000.00. [Reviewed and forwarded to Consent by Community Affairs and Parks Committee on 11/12/13.] e. Authorize the Mayor to sign an Interlocal Agreement with the Washington State Department of Ecology and accept the Coordinated Prevention Grant for recycling activities in the amount of $46,630.67. [Reviewed and forwarded to Consent by Community Affairs and Parks Committee on 11/12/13.] Pg.1 Pg.9 Pg.25 5. UNFINISHED BUSINESS a. An ordinance amending Ordinance No. 2261, as codified at Tukwila Municipal Code Section 2.68.026, regarding the setting of salary for the Municipal Court Judge. b. Tax levy legislation: (1) An ordinance levying the general taxes for the City of Tukwila in King County for the fiscal year commencing January 1, 2014. (2) An ordinance increasing the City of Tukwila regular property tax levy 1 percent from the previous year commencing January 1, 2014. Pg.49 Pg.57 Pg.59 Pg.61 (continued.) REGULAR MEETING Monday, November 18, 2013 Page 2 5. UNFINISHED BUSINESS (cone) c. Tukwila Transit Center /Andover Park West Street Improvements and Waterline Project: (1) A resolution rejecting the bid submitted by Gary Merlino Construction Company, Inc., for the Tukwila Urban Center Transit Center, Andover Park West Widening and Andover Park West Water Main Replacement Projects. (2) Award a bid to Road Construction Northwest, Inc., for the Tukwila Urban Center Transit Center, Andover Park West Widening and Andover Park West Water Main Replacement Projects in the amount of $6,037,510.00 and authorize the Mayor to sign the contract. Please refer to 11/12/13 C.O.W. packet. Q d. An ordinance amending Ordinance No. 2274, as codified at Tukwila Municipal Code Chapter 14.30, "Surface Water Management," to clarify regulations regarding surface water management. e. An ordinance repealing Ordinance No. 2313 §1 (part), as codified at Tukwila Municipal Code Section 14.04.320, relating to payment by the City for water furnished to fire hydrants. f. Authorize the Mayor to sign an Interlocal Agreement with the Kent Fire Department Regional Fire Authority for the regional training consortium. Please refer to 11/12/13 C.O.W. packet. Q g. Authorize the purchase of 271 LED roadway lighting fixtures from Consolidated Electric Distributors (CED) in the amount of $217,190.63. Please refer to 11/12/13 C.O.W. packet. Q h. Authorize the purchase of two Intelligent Transportation System (ITS) traffic signal control cabinets from Western Systems in the amount of $53,074.34. Please refer to 11/12/13 C.O.W. packet. Q Pg.63 Pg.65 Pg.67 Pg.71 Pg.75 Pg.77 Pg.79 6. NEW BUSINESS An ordinance amending various ordinances, as codified at Tukwila Municipal Code Section 5.04.020, "Application and Fees Required," to amend the fee structure on residential rental business licenses. Pg.81 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.91 8. MISCELLANEOUS ..9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www,tukwilawa,gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayore review Couny7 review 11/18/13 MG , ' ,,-/-.--- E Bid Award Mtg Date fl Public F 1 earing Mtg Date E Other Mtg Date SPONSOR E Council Mayor E HR E DCD Finance Fire IT E Pe7R E Police PW SPONSOR'S The City was awarded the U.S. Department of Homeland Security (DHS) Emergency SUMMARY Management Performance Grant (EMPG). The grant is for local jurisdictions with emergency management programs to support and enhance the agency's Emergency management program. The grant requires a 50% percent match which is satisfied by staff salaries and the Emergency Management budget. There are no additional costs to the City. The Council is being formally asked to accept the grant in the amount of $58,102.00. REVIEWED BY fl COW Mtg. E CA&P Cmte Utilities Cmte E Arts Comm. DATE: 11/05/13 11 F&S Cmte Transportation Cmte Comm. 0 Planning Comm. CHAIR: ROBERTSON pi Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Emergency Management, Fire and Finance Department Unanimous Approval; Forward to Consent Agenda on 11/18/13 ITEM INFORMATION ITEM No. 4.C. 1 STAFF SPONSOR: MARTY GRISHAM ORIGINAL AGENDA DATE: 11/18/13 AGENDA ITEM TITLE Washington State Military Department and U.S. Dept. of Homeland Security Grant Acceptance of the Emergency Management grant CAT] GORY Discussion Mtg Date E] Motion/ Consent Mtg Date 11/18/13 E Resolution MtsDate I— Ordinance Mg Date E Bid Award Mtg Date fl Public F 1 earing Mtg Date E Other Mtg Date SPONSOR E Council Mayor E HR E DCD Finance Fire IT E Pe7R E Police PW SPONSOR'S The City was awarded the U.S. Department of Homeland Security (DHS) Emergency SUMMARY Management Performance Grant (EMPG). The grant is for local jurisdictions with emergency management programs to support and enhance the agency's Emergency management program. The grant requires a 50% percent match which is satisfied by staff salaries and the Emergency Management budget. There are no additional costs to the City. The Council is being formally asked to accept the grant in the amount of $58,102.00. REVIEWED BY fl COW Mtg. E CA&P Cmte Utilities Cmte E Arts Comm. DATE: 11/05/13 11 F&S Cmte Transportation Cmte Comm. 0 Planning Comm. CHAIR: ROBERTSON pi Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Emergency Management, Fire and Finance Department Unanimous Approval; Forward to Consent Agenda on 11/18/13 COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: No additional City funding required, MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/18/13 Informational Memorandum dated 10/10/13 Washington State Military, Homeland Security Grant Agreement FACE SHEET Minutes from the Finance and Safety Committee meeting of 11/5/13 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Martin F. Grisham Emergency Manager DATE: October 10, 2013 SUBJECT: Emergency Management Performance Grant (EMPG) Acceptance ISSUE The City of Tukwila Emergency Management Division has been awarded an "Emergency Management Performance Grant" (EMPG) in the amount of $58,102.00. BACKGROUND This is the third year the city has been awarded this grant. The grant comes from the Washington State Military Department and US Department of Homeland Security. DISCUSSION • The grant is a 50/50 matching grant. We have met and exceeded the match. • The grant period runs from June 1, 2013 to August 31, 2014 • This is an annual grant that we apply for every year. • This grant award is approximately $24,000 less than last year, and will continue to decrease in 2014 and beyond. FINANCIAL IMPACT • The majority of this grant will be used to fund 50% of our CERT Coordinator /Public Educator, bringing the position to a FTE in 2014. • Rest of the grant will be used for equipment and supplies to support Emergency Management programs. RECOMMENDATION The Finance and Safety Committee is being asked to forward this item to the November 18, 2013 Regular Meeting Consent agenda. ATTACHMENTS "Face Sheet" of Washington State Military Department, Homeland Security Grant Agreement # E14 -122 3 4 Washington State Military Department ANT AGREEMENT FACE SHEET 1. Sub - grantee Name and Address: City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 -2544 2. Grant Agreement Amount: $58,102 3. Grant Agreement Number: E14 -122 4. Sub - grantee Contact, phone /email: Martin Grisham, (206) 971 -8740 marty.grisham @tukwilawa.gov 5. Grant Agreement Start Date: June 1, 2013 6. Grant Agreement End Date: August 31, 2014 7. Department Program Manager, phone /email: Sierra Wardell, (253) 512 -7121 sierra.wardell @mil.wa.gov 8. Data Universal Numbering System (DUNS): 010207504 9. UBI # (state revenue): 179 - 000 -208 10. Funding Authority: Washington State Military Department (the "DEPARTMENT ") and the U.S. Department of Homeland Security (DHS) 11. Funding Source Agreement #: EMW- 2013 -EP- 00050 -S01 12. Program Index # & OBJ /SUB -OJ 733PT NZ 13. CFDA# & Title: 97.042 EMPG 14. TIN: 91- 6001519 15. Service Districts: (BY LEGISLATIVE DISTRICT): 11, 33, 37 (BY CONGRESSIONAL DISTRICT): 7, 9 16. Service Area by County(ies): King 17. Women /Minority- Certified ?: Owned, State X N/A • NO • YES, OMWBE # 18. Agreement Classification Services X Public /Local Gov't Other 19. Contract Type (check all that apply): X Grant (RCW 39.34) X Agreement • Personal Services • Client • Contract • Intergovernmental • Interagency • Collaborative Research • A/E • 20. Sub - Grantee Selection Process: X "To all who apply & qualify" Bidding 21. Sub - Grantee Type (check all that apply) Organization /Individual Organization /Jurisdiction X SUBRECIPIENT • Competitive • Private • For - Profit X Public • Sole Source • NE RCW • N/A • Non - Profit • Filed w /OFM? • Advertised? • YES ONO • VENDOR • OTHER 22. PURPOSE: Provide U.S. Department of Homeland Security (DHS) Emergency local jurisdictions and tribes with emergency management described in the Work Plan. Management Performance Grant (EMPG) funds to programs to support and enhance those programs as IN WITNESS WHEREOF, the Department and Sub - Grantee acknowledge and accept the terms of this Grant Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Milestone Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 2. Work Plan 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the grant agreement incorporated by reference. WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature Dan Swisher, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED AS TO FORM: Brian E. Buchholz (signature on file) 9/16/2013 Assistant Attorney General Date Signature Date Jim Haggerton Mayor APPROVED AS TO FORM (if applicable): Applicant's Legal Review Date Form 10/27/00 kdb DHS - FEMA - EMPG -FFY 13 Page 1 of 28 City of Tukwila, E14 -122 5 6 FINANCE AND SAFETY COMMITTEE Meeting Minutes November 5, 2013 — 5:30 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De' Sean Quinn and Verna Seal Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Shelley Kerslake, Chris Flores, Marty Grisham, Jack Pace, Trish Kinlow, Bob Giberson, Gail Labanara, Laurel Humphrey Guest: Chuck Parrish CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Acceptance: Emergency Management Performance Staff is seeking Council approval to accept a $58,102.00 Emergency Management Performance grant from the Washington State Military Department and US Department of Homeland Security. This is the third year that the City has been awarded this grant, which will be used to fund 50% of the CERT Coordinator /Public Educator position as well as equipment and supplies for emergency management programs. The grant requires a 50% City match which has been met and exceeded. MAJORITY APPROVAL. FORWARD TO NOVEMBER 18 REGULAR CONSENT AGENDA. B. Interlocal Agreement: Regional Fire Training Consortium Staff is seeking Council approval to enter into an Interlocal Agreement with the Kent Regional Fire Authority (KRFA) that would renew the City's participation in the South King County Training Consortium. The Tukwila Fire Department has belonged to this consortium since January 2012 and it has been of great benefit to the City. After reviewing the last two years of participation, the KRFA is proposing a new fee of $13,800.00 to be applied to overhead and administrative costs. In addition, the two .75 FTE Training Division Captains assigned to the training facility will be increased to .85 FTE. The Fire Department's training budget will absorb these costs, which represent a compromise from the original proposal by the KRFA. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. C. Ordinance: Amending Tukwila Municipal Code Section 2.68.026, Municipal Judge Salary Staff is seeking Council approval of an ordinance that would fix the salary for the Municipal Judge as required by the Revised Code of Washington. This proposal increases the Judge's position from .75 to .85 FTE and calculates the salary at .85 of the salary set for District Court Judges in the Salary Schedule annually adopted by the Washington Citizen's Commission on Salaries for Elected Officials. Benefits will also be prorated at 85 %. It is the Mayor's intention to reappoint Kimberly Walden as Municipal Judge, which will be subject to confirmation by the City Council by a separate action later this month. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. D. Ordinance: Amending Revenue Generating Regulatory License (RGRL) Fee Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code 5.04.02 to exempt residential rental properties with 4 or fewer units from the Revenue Generating Regulatory License (RGRL) fee and eliminate the existing RGRL exemption applicable to residential rental properties with gross annual receipts of less than $12,000. This simplified process will have the benefit of reducing Code Enforcement staff time associated with explaining the fee as well as with identifying criteria under the 7 8 144,4■14 *We '410.1414 ; ',4411,Jr4t1' COUNCIL AGENDA SYNOPSIS Initials MeetinsDate Prepared by Mayor's review Counci review 11/18/13 BG , , lelIC i4 Motion Date 11/18/13 El Resolution Mtg Date El] Ordinance Mtg Date • Bid Award Ill Public Hearing Mtg Date E Other Mtg Date Mtg Mtg Date SPONSOR E Council Mayor 0 HR E DCD E Finance Fire E IT P&R Police IZ PTV SPONSOR'S The City was awarded a $500,000 grant for the Duwamish Gardens Project from King SUMMARY County Flood Control District in the 2012 funding cycle. Staff applied for additional construction funding through the 2013 funding cycle and were awarded an additional $765,000. There are no City matching requirements for the grant funding. Council is being asked to accept the King County Flood Control grant amendment for $765,000.00. REVIEWED BY II COW Mtg. Z CA&P Cmte E Utilities Cmte E] Arts Comm. DATE: 11/12/13 ITEM INFORMATION ITEM NO. 4.D. 9 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/18/13 AGENDA ITEM TITLE Duwamish Gardens Acceptance of King County Flood Control District Grant Amendment CATEGORY E Discussion Mtg Date i4 Motion Date 11/18/13 El Resolution Mtg Date El] Ordinance Mtg Date • Bid Award Ill Public Hearing Mtg Date E Other Mtg Date Mtg Mtg Date SPONSOR E Council Mayor 0 HR E DCD E Finance Fire E IT P&R Police IZ PTV SPONSOR'S The City was awarded a $500,000 grant for the Duwamish Gardens Project from King SUMMARY County Flood Control District in the 2012 funding cycle. Staff applied for additional construction funding through the 2013 funding cycle and were awarded an additional $765,000. There are no City matching requirements for the grant funding. Council is being asked to accept the King County Flood Control grant amendment for $765,000.00. REVIEWED BY II COW Mtg. Z CA&P Cmte E Utilities Cmte E] Arts Comm. DATE: 11/12/13 II F&S Cmte Comm E] Transportation Cmte El Planning Comm. EKBERG Parks COMMITTEE CHAIR: ALLAN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE I ED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 301 PARKS (PG 41, PROPOSED 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/18/13 MTG, DATE ATTACHMENTS 11/18/13 Informational Memorandum dated 11/08/13 King County Flood Control District Grant Amendment Page 41, Proposed 2014 CIP Minutes from the Community Affairs & Parks Committee meeting of 11/12/13 9 10 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community and Parks Committee FROM: Bob Giberson, Public Works Director By: Ryan Larson, Senior Program Manager DATE: November 8, 2013 SUBJECT: Duwamish Gardens Project No. 90630102, Agreement No. 12 -151 Grant Amendment - King County Flood Control District ISSUE Authorize the Mayor to sign a grant amendment to Agreement No. 12 -151 with the King County Flood Control District. BACKGROUND The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat with minor park elements. The project is currently in the design phase and staff is in the process of obtaining all required construction permits and securing construction funding. Construction is anticipated to begin in July 2014. The City received $500,000 in construction funding from the King County Flood Control District (District) through Agreement No. 12 -151. These grant funds were from the District's 2012 funding cycle. Staff applied for additional construction funding through the District's 2013 funding cycle and has been awarded an additional $765,000. ANALYSIS King County has prepared an amendment to Agreement No. 12 -151 that increases the total award to $1,265,000, extends the time to complete the project to December 2015, and adds additional reimbursable items to the agreement. The overall project scope for Duwamish Gardens remains the same and the new grant funding requires no additional match from the City. To date, the City has secured construction funding of $1,265,000 from the District, $300,000 from the King Conservation District, and has $81,000 in City funds. In addition, we have received notification that the Salmon Recovery Funding Board (SRFB) staff has recommended $949,434 in funding to their Board with a final decision expected in December. With the current construction estimate at $2,478,540, Duwamish Gardens is projected to be fully funded by 2014. RECOMMENDATION The Council is being asked to approve an amendment to grant Agreement No. 12 -151 with the King County Flood Control District for a revised total of $1,265,000 and consider this item on the Consent Agenda of the November 18, 2013 Regular Meeting. Attachments: King County Cooperative Watershed Management Grant Amendment Page 41, Proposed 2014 CIP W: \PW Eng\PROJECTS\A- DR Projects \Duwamish Gardens 06 -DRO2 ( 90630102) \Grants \Construction \KCFCD \Info Memo GRFCD Grant Ammendment.docx 11 12 AMENDMENT N AGREEMENT ❑ SCOPE OF WORK Project Name: Duwamish Gardens Construction Recipient: CITY OF TUKWILA Address: Tukwila City Hall 6200 Southcenter Blvd. Tukwila, WA 98188 AMENDMENT REQUESTED BY Ken Pritchard Name Grant Admistrator Title Agreement No.: 9.12.006 Amendment Date : 10/28/13 Amendment No.: 1 AMENDMENT EFFECTS ® Change of Scope ❑ Method of Payment ® Time of Performance ❑ Compensation ❑ Terms and Conditions ® Results of Services ❑ Other FIRST CHANGE READS: This Agreement is made between King County, a municipal corporation, and City of Tukwila (referred to herein as "Recipient "), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2014. TO READ: This Agreement is made between King County, a municipal corporation, and City of Tukwila (referred to herein as "Recipient "), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2015. SECOND CHANGE TO ADD: TO SECTION 1.3: And Whereas, the Board of Supervisors of the District, the District's governing body, passed Resolution FDC 2012.11.2 on October 29, 2012, authorizing the King County executive or his designee to develop and administer a grant award program of up to $3,150,000 in 2013 for water quality and water resources and habitat restoration and management projects and activities allocated in the amounts of $1.2 million for WRIA 8, $1.2 million for WRIA 9, $600,000 for the Snoqualmie PAGE 1 OF 7 13 Watershed and $150,000 for WRIA 10 projects in King County, provided that the project list is approved by the District executive committee; THIRD CHANGE READS: SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount of $500,000.00; TO READ: SECTION 1.6: Whereas the District's Executive Committee has received a list of proposed projects that includes the Project, as described in Exhibit A attached hereto and incorporated herein by this reference, and the Executive Committee has approved the Project for funding up to the amount of $1,265,000.00 combining the 2012 Award with the 2013 Award. FOURTH CHANGE READS: SECTION 2.2: King County agrees to award the Recipient an award in the total amount of $500,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures TO READ: SECTION 2.2: King County agrees to award the Recipient an award in the total amount of $1,265,000.00 from District funds (the Award). The Award shall be used by the Recipient solely for the performance of the Project, as described in Exhibit A of this Agreement. King County shall pay the Recipient in accordance with the Grant Policies and Procedures FIFTH CHANGE READS: SECTION 3.5: The Project shall be completed by no later than December 31, 2014. TO READ: SECTION 3.5: The Project shall be completed by no later than December 31, 2015. SIXTH CHANGE ADD: EXHIBIT A: Project Description WRIA APPLICANT PROJECT DESCRIPTION AWARD MATCH 9 City of Tukwila Duwamish Gardens Construction (Year 2) Construct off - channel fish habitat, riparian plantings, and minor park elements on a 2.16 acre site owned by the City of Tukwila. This project will create approximately one acre of shallow water juvenile salmonid habitat in the Duwamish sub - watershed transition zone. $765,000 $1,213,540 SEVENTH CHANGE READS: EXHIBIT B: SCOPE OF WORK PAGE 2 OF 7 14 Activity Description Deliverables Timeline Share of award 1 Project City of Tukwila will oversee all aspects of the Project, hire and oversee 2012- 15,000 PAGE 2 OF 7 14 TO READ: EXHIBIT B: SCOPE OF WORK TASK Management the work of consultants and contractors to ensure that scope of work elements are carried out as described below. 2014 The City will oversee all aspects of the Project, hire and oversee the work of Remove Remove five structures including a barn (2,000 Ft.2), two houses (1820 Ft.2, 2,200 Ft.2), a bunk house (500 Ft.2), and an outbuilding (4,000 2012- consultants and contractors to ensure that scope of work elements are carried 2 structures Ft.2) located on Parcels 1023049060, 1023049055 and 1023049071 2013 70,000 12/31/2015 Plan for and remove contaminated Remove and dispose of approximately 5,000 CYof material that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains detectable levels of 2012- 2015 3 soils PAHs below or above the threshold for a MTCA Method A cleanup. 2014 117,000 DELIVERABLES: Plan for and complete all necessary data recovery for archeological Data recovery plan will outline how the City of Tukwila plans to investigate the site to determine if archeological resources are present, and if so, their approximate location and depth. Excavate a series of trenches where archeologists can observe the trench sides for sedimentation layering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cultural resources, and if not, will allow them to determine the quantity and types of artifacts that are anticipated 2012- • A copy of the duly executed contract agreement between the consultant hired for the Project and the City 4 artifacts during excavation. Submit plan to King County as a deliverable. 2014 298,000 6/1/2014 - Excavate and grade site and restore it into a Remove approximately 55,000 CYof material from the center of the site and adjacent to the Duwamish River to establish 1.3 acres of shallow water mudflat and marsh habitat and 0.8 acre of restored 105,000 12/31/2015 5 shallow marsh riparian area. 2014 0 • Construction monitoring and data recovery if required Credit the King County Flood Provide proper credit as provided by King County for funding this project by the following needs as applicable: On -site signage, consumable printed materials such as flyers, brochures, etc, press releases, electronic postings such as web sites, electronic newsletters 2012- As follows: 6 Control District and reports. 2014 0 Prepare and the site to determine if archeological resources are present, and if so, their 9/1/2012 - Investigation submit Final 298,000 December 7 Report Final report shall follow the format of Exhibit E 31, 2014 0 $500,000 TO READ: EXHIBIT B: SCOPE OF WORK TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE The City will oversee all aspects of the Project, hire and oversee the work of consultants and contractors to ensure that scope of work elements are carried 9/1/2012 - Project out as described below 12/31/2015 Management DELIVERABLE: A record of staff time charged to the Project 50,000 2015 The Consultant contract to manage and inspect construction activities DELIVERABLES: • A copy of the duly executed contract agreement between the consultant hired for the Project and the City Construction • A copy of the duly executed contract agreement between the construction 6/1/2014 - Engineering contractor and the City of Tukwila hereafter, the Contract. 105,000 12/31/2015 • Development of a cultural resources plan • Construction monitoring and data recovery if required As follows: Data recovery plan will outline how the City of Tukwila plans to investigate Cultural the site to determine if archeological resources are present, and if so, their 9/1/2012 - Investigation approximate location and depth. Excavate a series of trenches where 298,000 9/1/2015 PAGE 3 OF 7 15 TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE archeologists can observe the trench sides for sedimentation layering and sieve the excavated material for artifacts. This information is used by the project designers to determine if they can avoid impacts to the cultural resources, and if not, will allow them to determine the quantity and types of artifacts that are anticipated during excavation. DELIVERABLES: A copy of the recovery plan • Contract with King County for real estate acquisition services • Obtain approval from various granting agencies • Exchange properties • Apply restrictive covenant to the Record of Deed DELIVERABLES: • Interlocal Agreement with KC for Acquisition • Official Record of Deed for Parcel # (s) naming the City as the property owner with title. The title shall include the following restriction: Property title shall include a covenant that shall say: The acquisition of the property herein conveyed was funded in part by a Cooperative Watershed Management grant authorized under RCW 86.15.035, and therefore shall not be used in any manner inconsistent with the purposes specified in RCW 86.15.035. This restriction shall run with the land and shall be binding upon Grantee, its successors in interest, assigns, and upon any person acquiring the property, or any portion thereof, or any interest therein, including leasehold interest, whether by operation of law or otherwise. In the event of such acquisition by Land any person or entity, King County hereby reserves the right to enforce this 9/1/2013 - Exchange restriction against such person or entity to the full extent allowed by law. 87,240 6/1/2014 Contractor mobilization DELIVERABLE: Release of payment by the City upon evidence provided by 6/12014 - Mobilization contractor 50,000 9/1/2015 Traffic control for work within East Marginal Way S. Traffic DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Control to the Contract design specifications 30,000 10/1/2015 • Removal of Existing structures including foundations, driveways, underground storage tanks, and other site debris as follows: Remove five structures including a barn (2,000 Ft.2), two houses (1820 Ft.2, 2,200 Ft.2), a bunk house (500 Ft.2), and an outbuilding (4,000 Ft.2) located on Parcels 1023049060, 1023049055 and 1023049071 • Removal of required vegetation Demolition DELIVERABLE: Copy of field verification by City of work completion according to 1/1/2014 - and Clearing the Contract design specifications 120,000 8/1/2014 Temporary • Site sediment and erosion control Sedimentatio • Silt curtain for in water work. n & Erosion DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Control to the Contract design specifications 22,656 10/1/2015 • Excavation of site materials to be removed, relocated, or capped • Material haul of site and disposal including contaminated soils • Contaminated Soils monitoring • Providing soil amendments As follows: o Remove and dispose of approximately 5,000 CY of material that will require special handling and disposal. Excavate soil down to a maximum of 4 feet where needed when it contains detectable levels 6/1/2014 - Grading of PAHs below or above the threshold for a MTCA Method A cleanup. 117,000 12/31/2015 PAGE 4 OF 7 16 TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE o Remove approximately 35,000 CY of material from the center of the site and adjacent to the Duwamish River to establish 1.0 acres of shallow water mudflat and marsh habitat and 1.0 acre of restored riparian area DELIVERABLE: Copy of field verification by City of work completion according to the Contract design specifications • Construct onsite parking area • Construct sidewalks along EMWS. Parking and DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Sidewalks to the Contract design specifications 85,829 10/1/2015 Trails and • Construction of pedestrian trails, gathering areas, interpretive signs and art work Gathering DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Areas to the Contract design specifications 32,659 10/1/2015 • Installing onsite storm water conveyance, treatment and detention, • Protecting, adjusting and relocating existing utilities. DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Utilities to the Contract design specifications 32,978 10/1/2015 • Installing soil amendments • Installing permanent and temporary irrigation systems • Planting marsh • Planting uplands • Permanent vegetative erosion control • DELIVERABLE: Copy of field verification by City of work completion 6/1/2014 - Plantings according to the Contract design specifications 130,000 10/1/2015 • Logs • Snags • Woody debris • Boulders Habitat DELIVERABLE: Copy of field verification by City of work completion according 6/1/2014 - Structures to the Contract design specifications 0 10/1/2015 • Park benches • bike rack, • trash receptacle • habitat protection fence • Kiosk and park signs Park DELIVERABLE: Copy of field verification by City of work completion according 1/1/2015 - Amenities to the Contract design specifications 103,638 10/1/2015 The following permits will be secured for this Project: f t, i1 �t '! �(� • Aquatic Lands Use Authorization — DNR; • SEPA , Shoreline, grading, and Building — City of Tukwila; � • Cultural Assessment; Section 106 - Dredge Permit, US Army Corps; • Hydraulic Project Approval — Washington Fish and Wildlife • Endangered Species Act Compliance — Part of federal permitting 4(e (USACOE, FEMA) gyp, "�''o`' Permits Y Newspaper articles and interpretive signs will acknowledge the various funding Acknowledgm partners that contributed to the acquisition, design, and construction of the, ent project. „ Submit a final report and the financial closeout documentation. Cannot be p Final Report later than 30 days after the end date of the project. ",'' , - PAGE 5 OF 7 17 TASK DESCRIPTION AWARD SHARE COMPLE- TION DATE Total SHARE OF AWARD $1,265,000 185 EIGHTH CHANGE READS: EXHIBIT C: BUDGET BUDGET ITEM GRANT REQUEST OTHER FUNDS /MATCH (Source and Status) COST BASIS FOR CALCULATING AMOUNT TOTAL SHARE OF AWARD Various sources ($860,280) 185 Salaries & benefits 15,000.00 15,000 185 hrs X $81.24 for project mgmt. Consultant services 1 LS Subtotal ffi sr ,? r1, li ;& t I° q f 44 tt Project supplies, materials and equipment 8,000 8,000 8,000 Commercial services (e.g., printing, back hoeing) 485,000.00 860,280.00 See Budget Details table Transportation 117,000 Cultural /Historic Data Recovery 1 Office expenses (broken down unless requesting a blanket overhead rate) 400,000 $400,000 200,000 Real estate - related costs 55,000 CY 3.2 Other costs 0 Material Haul Off Site (Trucks, Operator and Fuel) 55,000 Subtotal ?rN r u G d ' i �,': `Y , 1) '� r{ )l it r °F F �� } ��`� ��•" jr��"r p 1 t i,i Existing Structure Demolition GRAND TOTAL tfr " to a► r`e BUDGET DETAILS ITEM QY UNIT UNIT COST TOTAL SHARE OF AWARD Personnel costs 185 hrs 81.24 15,000 15,000 Cultural /Historic Investigations & Plan 1 LS 90,000 90,000 90,000 Artifact Curating 1 8,000 8,000 8,000 Contaminated Soil Removal 1 LS 172,180 172,180 117,000 Cultural /Historic Data Recovery 1 Site 400,000 $400,000 200,000 Material Excavation (Excavators & Operator) 55,000 CY 3.2 176,000 0 Material Haul Off Site (Trucks, Operator and Fuel) 55,000 CY 7.62 419,100 0 Existing Structure Demolition 1 LS 80,000 80,000 70,000 $1,360,280.00 $500,000 PAGE 6 OF 7 18 TO READ: EXHIBIT C: BUDGET IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND INSTITUTED ON THE DATE FIRST ABOVE WRITTEN. King County, Washington By Title Date PAGE 7 OF 7 RECIPIENT By Title Date 19 COST ITEM TOTAL MATCH AWARD PERSONNEL 50,000 0 50,000 CONSULTING Cultural Investigation 298,000 0 298,000 Construction Engineering 267,992 162,992 105,000 SUB CONSULTANT 565,992 162,992 403,000 COMMERCIAL SERVICES Mobilization 150,000 100,000 50,000 Traffic Control 30,000 0 30,000 Demolition and Clearing 137,213 17,213 120,000 Temporary Sedimentation & Erosion Control 22,656 0 22,656 Grading 591,517 474,517 117,000 Parking and Sidewalks 85,829 0 85,829 Trails and Gathering Areas 32,659 0 32,659 Utilities 32,978 0 32,978 Plantings 279,946 149,946 130,000 Habitat Structures 146,112 146,112 0 Park Amenities 103,638 0 103,638 SUB CONTRACTOR 1,612,548 887,788 724,760 REAL - ESTATE RELATED 250,000 162,760 87,240 TOTAL $2,478,540 $1,213,540 $1,265,000 IN WITNESS HEREOF, THE PARTIES HERETO HAVE CAUSED THIS AMENDMENT TO BE EXECUTED AND INSTITUTED ON THE DATE FIRST ABOVE WRITTEN. King County, Washington By Title Date PAGE 7 OF 7 RECIPIENT By Title Date 19 20 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: Duwamish Gardens Project No. 90630102 DESCRIPTION: Purchase and restore site as a salmon estuary and passive park. This project is included in the WRIA 9 Salmon Recovery Plan's efforts to acquire and restore 20-acres JUSTIFICATION: within the Duwamish estuary. Also includes all riverfront property from E Marginal Wy S to Tu la Intl Blvd. STATUS: Property acquired in 2008. Design began in 2012 with construction scheduled for 2014, grant dependent. MAINT. IMPACT: With a new passive park, additiona maintenance will be needed. Design funding from State Salmon Recovery Board (SRFB) and King Conservation District (KCD). COMMENT: Acquisition grants included SRFB, WRIA 9 King Conservation District, KC Conservation Futures, WA State Aquatic Lands and WA State Earmark grant. FINANCIAL Through Estimated in 000's 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL ` ' EXPENSES Design 200 260 460 Land(R8N) 2.116 50 150 2.316 Const. Mgmt. 15 250 50 315 Construction 7 75 1.300 750 2,132 TOTAL EXPENSES 2,323 400 1J00 800 0 0 0 0 ' 0 5,223 FUND SOURCES Awarded Grant Land 2.011 2.011 Award Grant Design 111 350 189 600 Proposed Grants 1.550 780 2.330 Mitigation Expected 0 City Dper.Revenue 201 50 11 20 0 0 0 0 0 282 TOTAL SOURCES 2,323 400 1J00 800 0 0 0 0 0 5,223 2ow-on1n Capital Improvement Program 37 22 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes November 12, 2013 - 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De' Sean Quinn and Kate Kruller (via phone) Staff: Jack Pace, Rebecca Fox, Ryan Larson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Amendment: #12 -151 with King County Flood Control District Staff is seeking Council approval for the Mayor to sign an amendment to Agreement No. 12 -151 with the King County Flood Control District. This amendment would add an additional $765,000 secured through the 2013 funding cycle for a total award of $1,265,000. The amendment also extends the completion time of the project to December 2015 as well as adds additional reimbursable items. The project scope for Duwamish Gardens remains the same and the additional funding requires no City match. UNANIMOUS APPROVAL. FORWARD TO THE NOVEMBER 18 REGULAR CONSENT AGENDA. B. Grant Acceptance: Coordinated Prevention Grant from Washington State Department of Ecology Staff is seeking Council approval for the Mayor to sign and enter into an Interlocal Agreement with the State of Washington Department of Ecology for the acceptance of $46,630.67 to fund Tukwila's Recyling Assistance Program through June 30, 2015. The Coordinated Prevention Grant funds from the State will be used as follows: • Commercial Education and Outreach = $29,630.67 • Residential Recycling Collections-117,000 The required 25% local match is obtained by separate grant award, the Waste Reduction Recycling grant from King County, making this program entirely grant- funded. UNANIMOUS APPROVAL. FORWARD TO THE NOVEMBER 18 REGULAR CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:24 p.m. Next meeting: Monday, November 25, 2013 — 5:15 p.m. — Conference Room #3 Committee Chair Approval Minutes by LH. 23 24 *ILA he 16. —f 2906 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma or's review Coati// 4e vine 11/18/13 RF Resolution Mtg Date Ordinance Mtg Date Bid Award ill i:gDate 7 Public Hears. n,g IINDate I J Other 11.11g Date SPONSOR Council Algot- 1 I FIR DCD Finance Fire — IT — P&R Police P117 SP( )NSOR'S Tukwila has received a grant for $46,630.67 from the Washington Department of Ecology SUMMARY to implement Tukwila's Recycling Program to assist residents and businesses from 7/1/13 through 6/30/15. The Council is requested to authorize the Mayor to sign an interlocal agreement with the Washington Department of Ecology so that the City can receive the Coordinated Prevention Grant (CPG). RI*11\x/I;;D BY COW Mtg. Utilities Cmte DATE: 11/12/13 CA&P Cmte F&S Cmte Transportation Cmte Parks Comm. Planning Comm. COMMITTEE CHAIR: EKBERG Arts Comm. RECOMMENDATIONS: So )Ns( )t/ ADmiN. CONIMITTKI Department of Community Development ITEM INFORMATION ITEM No. 4.E. 25 STAH; SPONSOR: JACK PACE ORIGINAL AG KNDA DATE: 11/18/13 \.(mi).\ tiE;\I-Fritk Recycling Grant--Interlocal Agreement C.vi'IG()RY 1 1 Discussion Mt Date El Motion illtsDate 11/18/13 Resolution Mtg Date Ordinance Mtg Date Bid Award ill i:gDate 7 Public Hears. n,g IINDate I J Other 11.11g Date SPONSOR Council Algot- 1 I FIR DCD Finance Fire — IT — P&R Police P117 SP( )NSOR'S Tukwila has received a grant for $46,630.67 from the Washington Department of Ecology SUMMARY to implement Tukwila's Recycling Program to assist residents and businesses from 7/1/13 through 6/30/15. The Council is requested to authorize the Mayor to sign an interlocal agreement with the Washington Department of Ecology so that the City can receive the Coordinated Prevention Grant (CPG). RI*11\x/I;;D BY COW Mtg. Utilities Cmte DATE: 11/12/13 CA&P Cmte F&S Cmte Transportation Cmte Parks Comm. Planning Comm. COMMITTEE CHAIR: EKBERG Arts Comm. RECOMMENDATIONS: So )Ns( )t/ ADmiN. CONIMITTKI Department of Community Development Forward to Regular Meeting consent agenda COST IMPACT / FUND SOURCE ExpiNDITURI R1 (,)l.11121 (1) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $46,630.67 $0 Fund Source: WASHINGTON DEPT. OF ECOLOGY Comments: Grant total includes $11, 657 in matching funds from a King County WRR recycling grant MTG. DATE RECORD OF COUNCIL ACTION 11/18/13 MTG. DATE ATTACHMENTS 11/18/13 Informational Memorandum dated 10/30/13 Interlocal agreement with Washington Department of Ecology Minutes from the 11/12/13 Community Affairs and Parks Committee meeting 25 26 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Community Development Director BY: Rebecca Fox DATE: October 30, 2013 SUBJECT: Recycling Grant — Interlocal Agreement ISSUE Council approval is required to authorize the Mayor to sign an Interlocal Agreement, and accept $46, 630.67 (grant plus local match) in recycling funds from the Washington Department of Ecology. BACKGROUND Tukwila has been awarded a Coordinated Prevention Grant (CPG) from the Washington Department of Ecology to fund Tukwila's Recycling Assistance program through June 30, 2015. Tukwila regularly obtains this grant, as well as a grant from King County, to support the recycling program. Tukwila's Recycling Assistance Program is financed entirely through outside grants rather than with City of Tukwila funds. A signed Interlocal Agreement is required to accept the grant money. DISCUSSION The CPG grant funds will be used as follows: • Commercial Education and Outreach - -$29, 630.67 (Two -year total combines grant and 25% required local match) Assist Tukwila businesses and multi - family complexes secure and improve recycling services and adopt practices that result in higher recycling rates through new and /or improved recycling programs, waste prevention. Resource conservation, environmentally preferable purchasing practices, and product stewardship will also be targeted. Special emphasis will be placed on promoting Tukwila's free business recycling program through Waste Management. • Residential Recycling Collections —$17, 000 (Two -year total combines grant and 25% required local match) Hold drop -off events for Tukwila residents in 2014 and 2015 to collect and recycle hard -to- recycle goods (i.e. tires, furniture, bulky yard debris, sinks, appliances, Styrofoam, textiles etc.). FINANCIAL IMPACT The Coordinated Prevention Grant (CPG) from the Washington Department of Ecology (DOE) totals a maximum allowable cost of $46, 630.76. The State grant share is $34, 973. Another grant, the Waste Reduction Recycling (WRR) grant from King County, will be used to provide the required 25% local share /match of $11, 657.67. No direct City of Tukwila funds are used. Rf Z: \DCD n Clerk's \Rebecca \CAP 11.12.13 \CPG -- InfoMemo.doc 10/30/13 27 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Council is being asked to forward the Interlocal Agreement to the Regular Meeting on November 18, 2013 for approval on the consent agenda. ATTACHMENTS Coordinated Prevention Grant (CPG) agreement Rf 28 Z: \DCD n Clerk's \Rebecca \CAP 11.12.13 \CPG-- InfoMemo.doc 10/30/2013 DEPARTMENT OF ECOLOGY State of Washington COORDINATED PREVENTION GRANT (CPG) AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF TUKWILA Grant No. G1400151 29 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 2 of 18 This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as the "DEPARTMENT" or as "ECOLOGY ", and the City of Tukwila hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: MAILING ADDRESS: CITY, STATE, ZIP: RECIPIENT GRANT COORDINATOR: TELEPHONE: E -MAIL: RECIPIENT BILLING /INVOICE COORDINATOR: TELEPHONE: E -MAIL: City of Tukwila 6300 Southcenter Boulevard Tukwila, WA, 98188 Rebecca Fox 206 -431 -3683 rebecca.fox@tukwilawa.gov Rebecca Fox 206 - 431 -3683 rebecca.fox@tukwilawa.gov ECOLOGY: Diana Wadley TELEPHONE: 425- 649 -7056 E -MAIL: Diana.wadley @ecy.wa.gov FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $46,630.67 STATE GRANT SHARE $34,973.00 LOCAL SHARE $11,657.67 STATE MAXIMUM GRANT PERCENT 75 % FEDERAL TAX IDENTIFICATION NO. 91- 6001519 EFFECTIVE DATE OF THE AGREEMENT: 07 -01 -2013 EXPIRATION DATE OF THE AGREEMENT: 06 -30 -2015 30 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 3 of 18 PART 1: SCOPE OF WORK The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of work and budget. The RECIPIENT must complete all deliverables by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing. Note: The term "task" as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse and "element" as used on payment request forms. The "Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this grant. RECIPIENT shall identify the work plan and activities by "Quarter." A quarter is defined by calendar year and begins with the first three months of the grant period. The RECIPIENT may negotiate changes to the work plan with the ECOLOGY grant officer. ECOLOGY shall document mutually agreed changes to the plan in writing. Expenses relating to the collection and recycling of mercury containing lights shall be eligible for CPG reimbursement until such time that the Mercury Light Recycling program is fully implemented or the grant agreement expires, whichever is the earliest date. CATEGORY: Waste Reduction and Recycling 1. TASK TITLE: Commercial Education and Outreach Maximum Eligible Task Cost: $ 29,630.67 Task Description: The RECIPIENT will provide Tukwila businesses, including the City of Tukwila facilities and some multifamily complexes, with information about recycling, waste prevention, use of recycled- content products and resource conservation, and how to achieve good results. The RECIPIENT will assist businesses in securing recycling services and adopting practices that will result in new and /or improved recycling programs, waste prevention, resource conservation and environmentally - preferable practices and programs. The RECIPIENT will continue to implement the popular "Tukwila GreenWorks" and "Tukwila Business Recycler of the Year programs. Items that may be provided to participating businesses include indoor containers and signage. Since Tukwila's solid waste contract began on 11/1/12, commercial recycling service has been embedded with garbage collection rates. This should be a great incentive for businesses to recycle. Even so, businesses need additional information and assistance to sign up for recycling service and to recycle, prevent waste and buy recycled . Additionally, there are best management practices related to multifamily recycling emerging from the statewide efforts by the Washington State Recycling Association which could be encouraged through this task. Another way to enhance synergies and consistency of messaging is to see what others have done on this topic via browsing the Solid Waste Information Clearinghouse. A consultant and RECIPIENT staff will perform the work. 31 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 4 of 18 Note: Promotion specifically targeted to increasing the volume of offsite- composting of organics is not eligible during this grant cycle. However, materials or programs addressing contamination in food and yard waste carts is eligible. This task also includes development and distribution of promotional and educational materials in a variety of formats to encourage participation. Please see page 50 of the CPG Program Guidelines for the 2013 -2015 cycle for information on how to credit Ecology on grant - supported publications. Target Audience: Tukwila businesses, including multifamily complexes and their residents. Goal Statement: The goal of this task is to reduce waste produced by businesses, increase Tukwila recycling rates and participation of businesses and multifamily residents, and to ensure that businesses and multifamily residents are recycling the correct items onsite, and bringing other items, such as computers, to proper recycling facilities. Estimated outcomes over the two -year grant period with available budget: Recycling/Reuse: approx. 30.44 tons* Organics Diversion: trace (organics focus is not a part of this grant) Business Contacts: 1,300+ Business Participants: 100 Residential Contacts: 5,000 Residential Participants: 500 Other Outcomes: Additional recycling (and composting, though not a part of this grant) signups, and greater participation. *Assumptions for recycling distribution of 200 7- gallon deskside /in -unit containers. Containers are emptied 2 times /week and are filled with 1/2 office paper and 1/2 cans + glass. Conversion tables were used. Work Plan, Deliverables and Timeline: GRANT- YEAR 1 GRANT- YEAR 2 Jul- Sep Jul- Sep No activity Business outreach, education, technical assistance to businesses, including property managed facilities. On -call assistance to businesses, including City of Tukwila facilities, that call with questions, requests for information and /or assistance. Continue with free desk -side container promotion. Coordinate with Tukwila's solid waste hauler and other commercial recycling providers for 32 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 5 of 18 Method of Evaluation: The RECIPIENT plans to conduct an e-mail or phone survey with selected business participants to determine what changes, if any, they made to their program and what assistance was most and least helpful. The RECIPIENT will also tabulate the number of recycling deskside /in -unit containers distributed, and calculate the tonnage diverted /recycled based on records of times /week emptied and container size. The RECIPIENT will also track the number of residents contacted and estimate the number of residents who take positive action (participate) as a result of this task. 2. TASK TITLE: Recycling Collection Event - Residential Maximum Eligible Task Cost: $ 17,000.00 Task Description: The RECIPIENT will offer residents the opportunity to self -haul unusual recyclable and reusable materials to a temporary drop site, open one day each spring for approximately six hours. Materials targeted for collection may include, but are not limited to: tires, metal, wood, sinks /toilets, styrofoam, large branches, household items, appliances, and furniture. Additional 33 new materials and additional outreach. Oct- Dec Oct- Dec No activity Same as previous quarter. Jan -Mar Jan -Mar Contract with consultant. Business outreach, education, technical assistance to businesses and multifamily residents. On -call technical assistance to firms, including City of Tukwila facilities, that request help. Same as previous quarter. Apr -Jun Apr -Jun Business outreach, education, technical assistance to businesses, including property managers. On -call assistance to businesses, including City of Tukwila facilities and multifamily complexes, that request assistance. Publication -- create and distribute postcard and /or email to businesses that encourages them to sign up for recycling, and offers free deskside container promotion. Continue business outreach, and on -call assistance. Conduct evaluation via phone, mail or email with selected businesses. Method of Evaluation: The RECIPIENT plans to conduct an e-mail or phone survey with selected business participants to determine what changes, if any, they made to their program and what assistance was most and least helpful. The RECIPIENT will also tabulate the number of recycling deskside /in -unit containers distributed, and calculate the tonnage diverted /recycled based on records of times /week emptied and container size. The RECIPIENT will also track the number of residents contacted and estimate the number of residents who take positive action (participate) as a result of this task. 2. TASK TITLE: Recycling Collection Event - Residential Maximum Eligible Task Cost: $ 17,000.00 Task Description: The RECIPIENT will offer residents the opportunity to self -haul unusual recyclable and reusable materials to a temporary drop site, open one day each spring for approximately six hours. Materials targeted for collection may include, but are not limited to: tires, metal, wood, sinks /toilets, styrofoam, large branches, household items, appliances, and furniture. Additional 33 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 6of18 materials may be included as budget and markets allow. This task also includes development and distribution of promotional materials in a variety of formats to encourage participation. Participants may pay some or all of the fees associated with handling, hauling or recycling various materials. The RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales on items the grant is supporting. Note: costs for disposal of non - recyclable components are not grant - eligible unless they are a direct and unavoidable byproduct of a recycling activity (e.g. emptied jugs used for waste motor oil or antifreeze). Target Audience: Tukwila residents (primary audience) and King County residents (secondary audience). Goal Statement: The RECIPIENT will collect "hard to recycle" items for recycling and reuse, and prevent them from going into the landfill. Estimated outcomes over the two years with available budget: MRW Diversion: 4 tons Recycling/Reuse: 33 tons Organics Diversion: 3 tons Residential Contacts: 7,600 households per year. Residential Participants: 800 households over the two years. Other Outcomes: Through our flyer, we will provide information about electronics recycling to 7,600 Tukwila households potentially affecting approximately 19,000 Tukwila residents who receive information in the mail, or access it on Tukwila's website. Work Plan, Deliverables and Timeline: GRANT- YEAR 1 GRANT- YEAR 2 Jul- Sep Jul- Sep No activity. No activity. Oct- Dec Oct- Dec No activity No activity. Jan -Mar Jan -Mar Finalize event date for 2014. Arrange use of 2014 site. Consultant to prepare hold harmless & vendor agreements w /service Finalize event date for 2015. Consultant to prepare hold harmless & vendor agreements w /service providers (2015 Event) 34 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 7 of 18 providers (2014 event). Apr -Jun Apr -Jun Obtain insurance provisions. Prepare and distribute event flyer, website info and newsletter article. Hold event. Evaluate event/project. Obtain insu ance provisions. Prepare and distribute event flyer, website info and newsletter article. Hold event. Evaluate event/project. Method of Evaluation: This task will be evaluated by: • Number of participating vehicles at entrance to events (Greeter to keep count) • Number of Tukwila households participating (Greeter will determine by requesting proof of residence) • Amount and type of materials collected and diverted from landfill (Iufonnu1ion from vendors to be collected and compiled by consultant.). For the purposes of the Final Perfonance Analysis, this will be reported in tons in the categories of recycle/reuse, moderate risk waste, or organics. PART 2: BUDGET CATEGORY: Waste Reduction and Recycling 1. Commerical Education and Outreach $ 29,630.67 2. Recycling Collection Events Residential $ 17,000.00 $ 12,750.00 TOTAL MAXIMUM ELIGIBLE COST $ STATE GRANT SHARE (75%) $ 34,973.00 LOCAL CASH MATCH (25%) INTERLOCAL COSTS (0 %) Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 8 of 18 PART 3: BUDGET CONDITIONS A. ECOLOGY requires the RECIPIENT to provide a match of 25 percent of the maximum eligible cost with cash or interlocal costs. Interlocal costs are the only type of in -kind contributions the RECIPIENT may use as match. B. If parties are contributing to the local share of task costs (match) through interlocal -in kind contributions, the RECIPIENT shall negotiate a memorandum of understanding or other written agreement confirming the contribution between the parties. These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are eligible (excluding time spent to write a CPG grant application). D. RECIPIENT must submit a written request to ECOLOGY to amend budgets between grant tasks, to modify a scope of work, or for a budget increase or decrease. To increase or decrease the agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment. E. RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY. F. Any work performed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of the RECIPIENT. PART 4: SPECIAL TERMS AND CONDITIONS A. BILLING 1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly (by calendar year), but no more often than once per month. 2. RECIPIENT must submit payment requests on approved State Invoice Voucher forms: A19 -1A, B1/B2, C1 /C2. Until there is a change in agency policy, the recipient must submit an A19 -1A with an original signature in blue ink, signed by an authorized person. The B2 and C2 forms are acceptable in electronic format. The RECIPIENT must also include all backup documentation to support costs itemized on Form Cl /C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by task on Form Cl /C2 and Form BI/B2. Forms B1 and Cl are used only when interlocal costs are used towards the 25% match. 3. Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as defined by ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication 1191 -18. 36 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 9 of 18 4. RECIPIENT shall submit supporting documents with each payment request. This includes copies of invoices, purchase receipts, payroll records, time and attendance records, grant award documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense listed on Form Cl/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form C1 /C2. 5. RECIPIENT shall maintain grant related material and supporting documents including invoice vouchers sent to ECOLOGY in a common file. The RECIPIENT shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. B. REPORTING 1. Progress reports and Final Performance Analyses must be submitted through the web -based database, the Solid Waste Information Clearinghouse. The RECIPIENT must submit a progress report with each payment request. If a quarterly payment request is not submitted, the RECIPIENT is still required to submit a progress report for that quarter. These reports shall include information that supports incurred costs identified on the corresponding Cl or C2 of the payment request, and provide a brief update in support of the outcomes and or method of evaluation in the grant agreement. a) A Final Performance Analysis (FPA) report must be submitted for each task in a Planning and Implementation grant before ECOLOGY can process a final payment request. C. COMPENSATION Payment to RECIPIENT will be issued through Washington State's Department of Enterprise Services (DES). DES maintains a central vendor file for Washington state agency use to process vendor payments. This allows vendors to receive payments from all participating state agencies. RECIPIENTS must register as a state -wide vendor (SWV) by submitting a state -wide vendor registration form and an IRS W -9 form http: / /www.ofm.wa.gov /isd /vendors /payee_registration.doc to DES. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at (360) 664 -7779 or email to payeehelpdesk(a�ofm.wa.gov. D. TRAINING RECIPIENT is expected to participate in any ECOLOGY recommended trainings related to managing a CPG agreement when feasible unless exempted by ECOLOGY in writing. E. PROCUREMENT AND CONTRACTS 1. RECIPIENT must follow local procurement procedures or current state procurement procedures, whichever is stricter. A RECIPIENT with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation" found in Part V of the Administrative Requirements for Recipients of Ecology Grants and Loans — Yellow Book, Ecology Publication #91 -18. 2. Upon issuance, the RECIPIENT may submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S grant officer to be placed in the file. 37 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 10 of 18 3. Prior to contract execution, the RECIPIENT may submit all draft documents and a copy of the draft proposed contract to ECOLOGY'S grant officer for review. The RECIPIENT assumes any risks associated with the failure to consult with the regional grant officer. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to ECOLOGY's assigned grant officer to be placed in the file. 4. Unless a specific purchase of equipment or real property is already written into a task's scope of work, the RECIPIENT must submit a written request to ECOLOGY to purchase any equipment or real property (Property) with a single unit purchase price of $5,000 or more. The request must include the justification for the purchase of the property, the total cost, the intended use, and the anticipated useful life of the property. The request must be approved in writing by ECOLOGY prior to the purchase. F. USE OF EXISTING CONTRACTS RECIPIENT may use existing contracts that conform to local adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if intending to use contracts entered into prior to the execution of the grant agreement for performance of grant- funded activities. The RECIPIENT shall submit a copy of the contract to its assigned ECOLOGY grant officer to be placed in the file. The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. G. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the RECIPIENT must utilize an inventory control system, including physical inventory to document the ongoing use, a description of the item (including serial or vehicle identification number (VIN when possible) and location. The information shall be submitted to ECOLOGY upon request until final disposition is made. The RECIPIENT shall investigate, document, and report to ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. RECIPIENT shall submit a written request to the ECOLOGY for any intent to change the use of the equipment as outlined in this grant agreement, including uses past the expiration date of this agreement. Disposition of the equipment shall be determined by ECOLOGY and documented in writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work. o If the equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to ECOLOGY. o If the project has no further significant use for the equipment, the grant officer may instruct the recipient to retain or sell the equipment and pay ECOLOGY an amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. o The grant officer may instruct the recipient to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes. 38 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 11 of 18 H. ALL WRITINGS CONTAINED HEREIN This agreement, including the appended "General Terms and Conditions," current cycle Program Guidelines — Coordinated Prevention Grants found at https: // for tress. wa. gov /ecy/ publications /summarypages /1107008.htm1, and ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication #91 -18, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment(s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement. I. ARCHEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586 -3065. Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on -site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). J. ENVIRONMENTALLY PREFERRABLE PURCHASING In a joint effort to save costs, produce energy savings and prevent waste, the RECIPIENT agrees to use both sides of paper sheets for copying and printing when feasible. The RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content when they are comparable in quality, available, and cost effective. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF TUKWILA Laurie G. Davies Date Signatory Program Manager Waste 2 Resources Program Date Printed Name and Title of Signatory APPROVED AS TO FORM ONLY Assistant Attorney General 39 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 12 of 18 APPENDIX A PART 5: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology, SS -010 Rev. 04/04 A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor /consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE /CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally- funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 40 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 13 of 18 3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he /she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and /or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A -133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. L PERFORMANCE REPORTING RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a 41 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 14 of 18 statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Recipients of Ecology Grants and Loans ", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10 %) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5 herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. 42 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 15 of 18 K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and /or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and /or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. 43 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 16 of 18 M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200 -212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans ", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land /or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. 44 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 17 of 18 N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper). For more information, see www.ecy.wa.gov /sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12 %) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT 45 Washington State Department of Ecology Grant No. G1400151 City of Tukwila Page 18 of 18 shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his /her personal interest or the interest of any corporation, partnership or association in which he /she is, directly or indirectly interested; nor shall he /she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans "; and (e) the General Terms and Conditions. 46 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes November 12, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller (via phone) Staff: Jack Pace, Rebecca Fox, Ryan Larson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Amendment: #12 -151 with King County Flood Control District Staff is seeking Council approval for the Mayor to sign an amendment to Agreement No. 12 -151 with the King County Flood Control District. This amendment would add an additional $765,000 secured through the 2013 funding cycle for a total award of $1,265,000. The amendment also extends the completion time of the project to December 2015 as well as adds additional reimbursable items. The project scope for Duwamish Gardens remains the same and the additional funding requires no City match. UNANIMOUS APPROVAL. FORWARD TO THE NOVEMBER 18 REGULAR CONSENT AGENDA. B. Grant Acceptance: Coordinated Prevention Grant from Washington State Department of Ecology Staff is seeking Council approval for the Mayor to sign and enter into an Interlocal Agreement with the State of Washington Department of Ecology for the acceptance of $46,630.67 to fund Tukwila's Recyling Assistance Program through June 30, 2015. The Coordinated Prevention Grant funds from the State will be used as follows: • Commercial Education and Outreach = $29,630.67 • Residential Recycling Collections = $17,000 The required 25% local match is obtained by separate grant award, the Waste Reduction Recycling grant from King County, making this program entirely grant- funded. UNANIMOUS APPROVAL. FORWARD TO THE NOVEMBER 18 REGULAR CONSENT AGENDA. III. MISCELLANEOUS Meeting adjourned at 5:24 p.m. Next meeting: Monday, November 25, 2013 — 5:15 p.m. — Conference Room #3 Committee Chair Approval Minutes by LH. 47 48 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M yors review Council review 11/12/13 CT [ Resolution Mtg Date 0 11/18/13 CT E Other Mtg Date SPONSOR Council Z Mayor HR I DCD r Finance Fire IT — P&R r Poltee PIF SPONSOR'S The Council is being asked confirm the reappointment of Kimberly Walden as Municipal SUMMARY Court Judge through December 31, 2017. It is proposed to increase the Judge's position from a .75 FTE to a .85 FTE, an additional 4 hours per week, to calculate Judge Walden's salary at .85 of the salary set for District Court Judges in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials adopted on an annual basis and prorate holidays and healthcare/dental benefits at 85%. REVIEWED BY COW Mtg. CA&P Cmte Z F&S Cmte r Transportation Cmte E Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/5/2013 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMIITEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: ITEM INFORMATION ITEM No. 5.A. 49 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM TITLE Reappointment of Municipal Court Judge; Amending Judge's Salary CATEGORY Discussion Mtg Date 11/12/13 E Motion Mtg Date [ Resolution Mtg Date Z Ordinance Mtg Date 11/18/13 Bid Award Mtg Date E Public Hearin,g Mtg Date E Other Mtg Date SPONSOR Council Z Mayor HR I DCD r Finance Fire IT — P&R r Poltee PIF SPONSOR'S The Council is being asked confirm the reappointment of Kimberly Walden as Municipal SUMMARY Court Judge through December 31, 2017. It is proposed to increase the Judge's position from a .75 FTE to a .85 FTE, an additional 4 hours per week, to calculate Judge Walden's salary at .85 of the salary set for District Court Judges in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials adopted on an annual basis and prorate holidays and healthcare/dental benefits at 85%. REVIEWED BY COW Mtg. CA&P Cmte Z F&S Cmte r Transportation Cmte E Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/5/2013 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMIITEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum from David Cline dated 10/31/13 Draft Ordinance amending salary of Municipal Court Judge, with attachment Minutes from the Finance & Safety Committee Meeting of 11/5/13 11/18/13 Ordinance in final form 49 50 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2261, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.68.026, REGARDING THE SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City requires the services of a Municipal Court Judge who is appointed to a four -year term; and WHEREAS, the current Municipal Court Judge will be reappointed to a term commencing January 1, 2014, under the contract for Municipal Court Judge services attached hereto as Exhibit A; and WHEREAS, pursuant to RCW 3.50.080, the salary of the Municipal Court Judge shall be fixed by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2261 §2, as codified at Tukwila Municipal Code Section 2.68.026, is hereby amended to read as follows: 2.68.026 Municipal Judge Salary. The salary of the Municipal Court Judge shall be set at the rate of 85% of the District Court Judges Salary as set by the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an annual basis. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Municipal Judge Salary amended 11 -13 -13 RT:bjs Page 1 of 2 51 Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force on January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A: Contract for Municipal Court Judge services W: Word Processing \Ordinances\Municipal Judge Salary amended 11 -13 -13 RT:bjs 52 Page 2 of 2 MEMORANDUM OF UNDERSTANDING TO: Honorable Kimberly Walden, Municipal Court Judge FROM: Jim Haggerton, Mayor DATE: November 18, 2013 RE: Terms of Re- Appointment as Tukwila Municipal Court Judge This Memorandum of Understanding will re- confirm your appointment as the Municipal Court Judge for the City of Tukwila. This appointment covers the period from January 1, 2014 through December 31, 2017 and is pursuant to judicial and legal mandates governing such appointments (RCW 3.50.040 and TMC 2.68). The following wages and benefits are provided to you effective January 1, 2014, during the term of your appointment: WAGE: Salary set at 85% of the District Court Judges Salary as set in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an annual basis. The current schedule, adopted on May 22, 2013 is attached hereto. All taxes, social security and related deductions shall be made from your wages. BENEFITS: General Leave: You are entitled to accrue a general leave bank to use for sick leave and /or vacation, as you deem appropriate. This general leave shall accrue at the rate of 12 hours per month to a maximum accrual of 96 hours. Any hours over 96 that are not used are defaulted back to the City. Upon the ending of your appointment, any leave hours, up to a maximum of 96 hours will be paid off at the rate of $70.00 per hour. Holidays: You shall be entitled to the same holidays as the Non - Represented employee group, paid at a prorated rate of 85% commensurate with your hours on the bench. Healthcare /Dental: You have the option of participating in the City of Tukwila Medical /Dental self- insured plan, Group Health Cooperative or waiving this benefit. The City will pay 85% of the premium for you and your dependents. Payments by you will be a minimum of 15% and may be higher if the GHC plan is selected and premiums are higher than the City's self- insured plan. Your share of the premium will be made by payroll deduction. Please sign the attached Personnel Action Form (PAF) and the bottom of this memorandum to indicate agreement. Agreed to this day of November, 2013. Jim Haggerton, Mayor Kimberly Walden, Judge 53 54 Exhibit A Vthshingtan c ze 'in for 2013 and 2014 Salary Schedule Adopted May 22, 2013 Executive Branch Governor 166,891 166,891 166,891 Lieutenant Governor 93,948 97,000 97,000 Secretary of State 116,950 116,950 116,950 Treasurer 116,950 125,000 125,000 Auditor 116,950 116,950 116,950 Attorney General 151,718 151,718 151,718 Insurance Commissioner 116,950 116,950 116,950 Supt. of Public Instruction 121,618 124,050 127,772 Commissioner of Public 121,618 124,050 124,050 Lands Judicial Branch Supreme Court Justices 164,221 167,505 172,531 Court of Appeals Judges 156,328 159,455 164,238 Superior Court Judges 148,832 151,809 156,363 District Court Judges 141,710 144,544 148,881 Legislative Branch Legislator 42,106 42,106 42,106 Speaker of the House 50,106 50,106 50,106 Senate Majority Leader 50,106 50,106 50,106 House Minority Leader 46,106 46,106 46,106 Senate Minority Leader 46,106 46,106 46,106 (479 total positions for whom we set salaries.) The Final salary schedule was adopted at a public meeting on May 22, 2013. 55 56 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma r's review Council review 11/12/13 PMC the 11/12/13 11/18/13 PMC 4# Bid Award Mtg Date Other Mtg Date CATEGORY hil, Discussion 1 Public Hearing Mtg Date Mtg Date 11/12/13 SPONSOR Council l Mayor HR E DD Finance — Fire — IT E P &R E Police E P IV SPONSOR'S City Council is being asked to approve an ordinance levying property tax for 2014 and an SUMMARY ordinance increasing the regular property tax levy one percent from the previous year. REVIEWED BY ITEM INFORMATION ITEM No. 5.B. 57 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 11/13/12 AGENDA ITEM TITLE An ordinance levying property taxes for 2014 and an ordinance regular property tax levy one percent from the previous year. increasing the 11/12/13 Motion Mtg Date E Resolution Mtg Date Ordinance Mtg Date 11/18/13 Bid Award Mtg Date Other Mtg Date CATEGORY hil, Discussion 1 Public Hearing Mtg Date Mtg Date 11/12/13 SPONSOR Council l Mayor HR E DD Finance — Fire — IT E P &R E Police E P IV SPONSOR'S City Council is being asked to approve an ordinance levying property tax for 2014 and an SUMMARY ordinance increasing the regular property tax levy one percent from the previous year. REVIEWED BY • COW Mtg. ___ CA&P Cmte Cmte E Arts Comm. F&S Cmte E Transportation Cmte Comm. I— Planning Comm. CHAIR: ROBERTSON Utilities DATE: 11/05/13 Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 10/30/13 Draft Ordinances (2) Preliminary Levy Limit Worksheet Property tax Historical Data and Projections Minutes from the Finance and Safety Committee Meeting of 11/05/13 11/18/13 Ordinances in final form 57 58 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2014, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2014 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regular Tax Levy. A. There shall be and hereby is levied on all real, personal and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is $4,707,092,379, current taxes for the ensuing year commencing January 2014, in the amount and at the rates specified below: Regular Tax Levy Amount $14,100,000 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila for the fiscal year beginning January 1, 2014. W: Word Processing \Ordinances \General Tax Levy 10 -24 -13 VC:bjs Page 1 of 2 59 Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the manner provided by the laws of the State of Washington for the collection of taxes for non - chartered code cities. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney W: Word Processing \Ordinances \General Tax Levy 10 -24 -13 VC:bjs 60 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2014, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a public hearing held on November 12, 2013, pursuant to RCW 84.55.120; and WHEREAS, after hearing and duly considering all relevant evidence and testimony presented, the City Council has determined that in order to discharge its expected expenses and obligations the City requires an increase in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State - assessed property; and WHEREAS, the City Council has determined it is in the City's best interest and necessary to meet its expenses and obligations for the property tax revenue to be increased for 2014, and the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. An increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of State - assessed property, is hereby authorized for the 2014 levy in the amount of $112,733, which is a percentage increase of 1.0% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in the value of State - assessed property, any annexations that have occurred and refunds made. W: Word Processing \Ordinances \Regular Tax Levy Increase 10 -24 -13 VC:bjs Page 1 of 2 61 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Regular Tax Levy Increase 10 -24 -13 VC:bjs 62 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared b I , .11 z; review Council review 11/12/13 B G gat I EP7,,i I Kt PE 11/18/13 BC //RC [ Ordinance Mtg Date d Award 11/18/13 r--- Public Hearing Mtg. Date r Other Mtg. Date CATEGORY Discussion lo Resolution 4 Bi Mtg Date Mtg Date 11/18/13 ITEM INFORMATION ITEM NO. 5.C. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM TITLE Tukwila Urban Center Resolution to Reject Transit Lowest Bidder Center, Andover and Award Park Bid W Street & Water Improvements to Road Construction Northwest 11/12/13 Motion Mtg Date [ Ordinance Mtg Date d Award 11/18/13 r--- Public Hearing Mtg. Date r Other Mtg. Date CATEGORY Discussion lo Resolution 4 Bi Mtg Date Mtg Date 11/18/13 Mtg Date SPONSOR r Council Mayor [ HR L DCD E Finance Fire IT E Pe9R Police PIT' SPONSOR'S The Tukwila Urban Center Transit Center, Andover Park West Street & Water Improvement SUMMARY Projects were advertised for bid on September 17 and 24, 2013 and five bids were opened on October 8, 2013. The low bid from Gary Merlino Construction did not have the "Buy America Certificate" and a Resolution is needed to reject their bid. Council is being asked to award the bid to the second lowest bidder, Road Construction Northwest, Inc. in the amount of $6,037,510.00. REVIEWED BY fl COW Mtg. CA&P Cmte E F&S Cmte [E] Cmte E Arts Comm. r Parks Comm. COMMITTEE CHAIR: KATE Transportation Cmte Planning Comm Utilities .11 DATE: 10/29/13 KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $6,037,510.00 $8,986,192.00 $0.00 Fund Source: 104 ARTERIAL STREETS & 402 WATER FUND (PAGES 16, 17, AND 65, PROPOSED 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 10/25/13 Draft Resolution Rejecting Lowest Bidder, Gary Merlino Construction Bid Tabulation Pages 16, 17, and 65, Proposed 2014 CIP Minutes from the Transportation Committee meeting of 10/29/13 11/18/13 Resolution in final form 63 64 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REJECTING THE BID SUBMITTED BY GARY MERLINO CONSTRUCTION COMPANY, INC., OF SEATTLE, WASHINGTON, FOR THE TUKWILA URBAN CENTER TRANSIT CENTER, ANDOVER PARK WEST WIDENING, AND ANDOVER PARK WEST WATER MAIN REPLACEMENT PROJECTS. WHEREAS, sealed bids were solicited for the Tukwila Urban Center Transit Center, Andover Park West Widening, and Andover Park West Water Main Replacement projects; and WHEREAS, bids were opened and read aloud by the City Clerk on October 8, 2013; and WHEREAS, construction of the combined projects is partially funded through a grant from the Federal Transit Administration; and WHEREAS, a condition of the Federal Transit Administration grant required bidders to complete a "Buy America Certificate" and include it in their sealed bids; and WHEREAS, bids submitted without the required "Buy America Certificate" must be rejected as nonresponsive; and WHEREAS, the apparent low bidder at the time the sealed bids were read aloud was Gary Merlino Construction Company, Inc.; and WHEREAS, the Gary Merlino Construction Company, Inc., bid did not include the "Buy America Certificate "; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: W: \Word Processing \Resolutions \Reject Gary Merlino bid - Transit Center 10 -22 -13 CK:bjs Page 1 of 2 65 The Gary Merlino Construction Company, Inc., bid for the Tukwila Urban Center Transit Center, Andover Park West Widening, and Andover Park West Water Main Replacement projects is hereby rejected as nonresponsive due to failure to include the required "Buy America Certificate" in their sealed bid proposal. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kathy Hougardy, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \Reject Gary Merlino bid - Transit Center 10 -22 -13 CK:bjs 66 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials Meetin:Date Preoa ed b jO BG AWN BG M,e2ir's review /Araimiiimmg AN, fti C Comic./ review r w 11/12/13 11/18/13 E Resolution Mtg Date Z Ordinance Mtg Date 11/18/13 El Bid Award Mfg Date Public Hearing Mtg Date 11 Other Mtg Date E Mayor El HR El DCD Finance D Fire IT E P&R Police El PW SPONSOR II Council ITEM INFORMATION ITEM No. 5.D. 67 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM TITLE Ordinance Updating Surface Water Management TMC Chapter 14.30.030 CATEGORY Z Discussion Mtg Date 11/12/13 E Motion Mtg Date E Resolution Mtg Date Z Ordinance Mtg Date 11/18/13 El Bid Award Mfg Date Public Hearing Mtg Date 11 Other Mtg Date E Mayor El HR El DCD Finance D Fire IT E P&R Police El PW SPONSOR II Council SP ONson This Ordinance will amend the Surface Water Management Ordinance No. 2274 as codified SUMMARY in Tukwila Municipal Code Chapter 14.30.030. As the definition of "conveyance system" includes rivers, this ordinance will revise the list of man-made features to include dikes, levees, and revetments. This change will clarify the intent of the surface water management ordinance to now include all drainage features in the City. Council is being asked to approve the Ordinance that will amend Ordinance No. 2274. REVIEWED BY E COW Mtg. E CA&P Cmte Cmte E Arts Comm. 0 F&S Cmte Comm. CHAIR: JOE MI Transportation Cmte E Planning Comm. DUFFIE II Utilities II Parks DATE: 11/04/13 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Majority Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 11/01/13 Draft Ordinance Minutes from the Utilities Committee meeting of 11/04/13 11/18/13 Ordinance in final form 67 68 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.30, "SURFACE WATER MANAGEMENT," TO CLARIFY REGULATIONS REGARDING SURFACE WATER MANAGEMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila ( "City ") regulates surface water within the City using the regulations set forth in Tukwila Municipal Code Chapter 14.30, "Surface Water Management "; and WHEREAS, the City Council deems it to be in the best interest of public safety, health and welfare for its citizens to amend existing surface water regulations to clarify the definition of "conveyance system "; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 14.30.030 Amended. Ordinance No. 2274 §1 (part), as codified at TMC Section 14.30.030, "Definitions," subparagraph 6, is hereby amended to read as follows: 6. "Conveyance system" means natural and man -made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features include swales, streams, rivers, lakes and wetlands. Man -made features include gutters, ditches, pipes, detention /retention facilities, dikes, levees and revetments. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing \Ordinances \Conveyance system definition amended 11 -13 -13 BG:bjs Page 1 of 2 69 Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Conveyance system definition amended 11 -13 -13 BG:bjs 70 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initia/s MeeliqDale Prepared by Mayor's review diVA_ Council review ce9_j 11/12/13 PMC 11/18/13 PMC — Motion Mg Date n Resolution MtsDate _Bid Award MtsDate ] Public Hearing Mt Date Other MtsDate CATEGORY Discussion ITEM INFORMATION ITEM No. 5.E. 71 STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM Trn.r.: Repeal Ordinance No. 2313 Section language related to payment by 1 as codified the City for at TMC Section 14.04.320 to remove water furnished to fire hydrants. 11/12/13 — Motion Mg Date n Resolution MtsDate _Bid Award MtsDate ] Public Hearing Mt Date Other MtsDate CATEGORY Discussion PI Ordinance M rg Date Mtg Date 11/18/13 SPONSOR — Council fl Mayor 7 PIR _ DCD Finance — Fire — IT — P&R Ti Police Ti AU SPONSOR'S Repeal Ordinance No. 2313 Section 1 as codified at TMC Section 14.04.320 to remove SUMMARY language related to payment by the City for water furnished to fire hydrants. REVIEWED BY — COW Mtg. CA&P Cmte fl F&S Cmte Ti Transportation Cmte Cmte Arts Comm. fl Parks Comm. 17 Planning Comm. COMMITTEE CHAIR: DUFFIE VA Utilities DATE: 11/04/13 RECOMMENDATIONS: SPONSOR/ADMIN. Commyrim Finance and Public Works Unanimous Approval, Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 11/01/13 Ordinance No. 2313 Ordinance in Draft Form Minutes from Utilities Committee meeting of 11/04/13 11/18/13 Ordinance in final form 71 72 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2313, §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 14.04.320, RELATING TO PAYMENT BY THE CITY FOR WATER FURNISHED TO FIRE HYDRANTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2313 set forth a procedure for the City to pay the Tukwila water department a monthly fee for water furnished to each fire hydrant in the City in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council; and WHEREAS, Substitute House Bill (SHB) 1512 allows "a purveyor to allocate and recover costs of fire suppression and services from all customers as costs of complying with state laws and regulations "; and WHEREAS, Substitute House Bill 1512, which pertains to fire suppression water facilities and services provided by municipal and other water purveyors was signed by the Governor on May 3, 2013 and made effective on July 28, 2013; and WHEREAS, it has been determined that water customers directly benefit from the availability of fire hydrants and adequate fire flow and that to include this cost in the customer's water rates will be a more equitable allocation of recovering public fire suppression costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2313 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 14.04.320, "Payment by City for Fire Hydrant Supply," is hereby repealed, thereby eliminating TMC Section 14.04.320. W: Word Processing \Ordinances \Repeal ordinance relating to fire hydrant monthly fee 10 -24 -13 VC:bjs Page 1 of 2 73 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Repeal ordinance relating to fire hydrant monthly fee 10 -24 -13 VC:bjs 74 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma review Council review 11/12/13 CF , L Resolution Mtg Date 11/18/13 CF 4P./IC Other Mtg Date CATEGORY Discussion Nits Date SPONSOR Council Mayor HR DCD 1 Finance 2 Fire IT P&R Police PW SP ON sOR' S The City of Tukwila Fire Department is seeking approval to enter into an Interlocal SUMMARY Agreement with the South King County Training Consortium, administered by the Kent Regional Fire Authority. This agreement pertains to the departmental relationship with the South King County Training Consortium, for the purpose of defining the participation of the Tukwila Fire Department and of partnering and participating agencies, and which defines the funding/contribution level to be borne by the City of Tukwila. REvIEWED BY COW Mtg. CA&P Cmte Utilities Cmte Arts Comm. DATE: 11/05/13 F&S Cmte E Transportation Cmte Comm. Planning Comm. CHAIR: ROBERTSON _ Parks COMMITTEE ITEM INFORMATION ITEM No. 5.F. 75 STAFF SPONSOR: CHRIS FLORES FD ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM TITLE South King County Fire Training Consortium Interlocal Agreement 11/12/13 Z Motion Mtg Date 11/18/13 L Resolution Mtg Date Ordinance Mtg Date — Bid d Award Mtg Date Public Hearing Mtg Date Other Mtg Date CATEGORY Discussion Nits Date SPONSOR Council Mayor HR DCD 1 Finance 2 Fire IT P&R Police PW SP ON sOR' S The City of Tukwila Fire Department is seeking approval to enter into an Interlocal SUMMARY Agreement with the South King County Training Consortium, administered by the Kent Regional Fire Authority. This agreement pertains to the departmental relationship with the South King County Training Consortium, for the purpose of defining the participation of the Tukwila Fire Department and of partnering and participating agencies, and which defines the funding/contribution level to be borne by the City of Tukwila. REvIEWED BY COW Mtg. CA&P Cmte Utilities Cmte Arts Comm. DATE: 11/05/13 F&S Cmte E Transportation Cmte Comm. Planning Comm. CHAIR: ROBERTSON _ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMTITEE Fire Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $13,800.00 $13,800.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 10/28/2013 Interlocal Agreement with the South King County Fire Training Consortium for 2014 Minutes from the Finance and Safety Committee meeting of 11/5/13 11/18/13 No attachments 75 76 COUNCIL AGENDA SYNOPSIS Initials Afedire:Date Pepandb g Ala; 'srev'w Immoral!, Counalrem'm 11/12/13 BG gitr 11/18/13 BG El Ordinance Mtg Date El Bid Award Mtg Date El Public Hearing Mtg Date El Other Mtg Date CATEGORY W. Discussion Mtg Date SPONSOR Council Mayor El HR El DCD • Finance Fire E IT U P&R Po/me Z PW SPONSOR'S This purchase is for 271 LEOTEK LED roadway lighting luminaires. The latest advances in SUMMARY roadway LED lighting will reduce the power consumption by nearly 50% and provide more reliability and longer life to the light fixtures. This is the third phase of the citywide conversion to LED fixtures. With the remaining budget in Streets and the Annual Signal Program, Council is being asked to purchase 271 LED luminaires from Consolidated Electrical Distributors (CED) in the amount of $217,190.63. ITEM INFORMATION ITEM No. 5.G. 77 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM TITLE Street Department's Purchase of 271 LEOTEK LED Luminaires 11/12/13 Z Motion Mtg Date 11/18/13 E Resolution Mtg Date El Ordinance Mtg Date El Bid Award Mtg Date El Public Hearing Mtg Date El Other Mtg Date CATEGORY W. Discussion Mtg Date SPONSOR Council Mayor El HR El DCD • Finance Fire E IT U P&R Po/me Z PW SPONSOR'S This purchase is for 271 LEOTEK LED roadway lighting luminaires. The latest advances in SUMMARY roadway LED lighting will reduce the power consumption by nearly 50% and provide more reliability and longer life to the light fixtures. This is the third phase of the citywide conversion to LED fixtures. With the remaining budget in Streets and the Annual Signal Program, Council is being asked to purchase 271 LED luminaires from Consolidated Electrical Distributors (CED) in the amount of $217,190.63. REVIEWED BY E COW Mtg. E Utilities Cmte DATE: 10/29/13 III CA&P Cmte 0 F&S Cmte 0 Parks COMMITTEE Comm Z Transportation Cmte U Arts Comm • Planning Comm. KRULLER CHAIR: KATE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $217,190.63 $217,190.63 $0.00 Fund Source: 000.16 STREETS AND 104 ARTERIAL STREETS (PG 20, PROPOSED 2014 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 10/25/13 CED Quotation WA State Princing & Ordering Information List of Metered Streetlights Converted to LED Map of Metered Streetlights Converted to LED Minutes from the Transportation Committee meeting of 10/29/13 11/18/13 No attachments 77 78 COUNCIL AGENDA SYNOPSIS Initials Meetin, Date P e•ared b BG LAIW,'":ffliref, Ma ' e p 's review Council review 11/12/13 11/18/13 BG 11/12/13 Motion Date 11/18/13 E Resolution Mtg Date E Ordinance Mtg Date Il Bid Award Mtg Date [1] Public Hearing Mtg Date El Other Mtg Date CATEGORY Discussion ri ITEM INFORMATION ITEM No. 5.H. 79 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/12/13 AGENDA ITEM TITLE Street Department's Purchase of 2 ITS Traffic Signal Control Cabinets 11/12/13 Motion Date 11/18/13 E Resolution Mtg Date E Ordinance Mtg Date Il Bid Award Mtg Date [1] Public Hearing Mtg Date El Other Mtg Date CATEGORY Discussion ri Mtg Date Mtg SPONSOR 1 Council D Mayor [ HR E] DCD U Finance Fire IT U P&R • Police PTV SPONSOR'S This purchase is for 2 new Intelligent Transportation System (ITS) traffic signal control SUMMARY cabinets. The existing traffic control cabinets at the intersections of Andover Park E/ S 180th St and Andover Park E/ Baker Blvd are over 25 years old and were not upgraded during the 2007 ITS Project. With the remaining budget in the Street Department's Traffic Control Devices, Council is being asked to purchase 2 ITS traffic signal control cabinets in the amount of $53,074.34 from Western Systems. REVIEWED BY E COW Mtg. 0 CA&P Cmte F&S Cmte E Utilities Cmte U Arts Comm. Parks DATE: 10/29/13 COMMITTEE Comm II Transportation Cmte Planning Comm. KRULLER CHAIR: KATE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $53,074.34 $53,074.34 $0.00 Fund Source: 000.16 STREETS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum dated 10/25/13 Western Systems Quotation Minutes from the Transportation Committee meeting of 10/29/13 11/18/13 No attachments 79 80 COUNCIL AGENDA SYNOPSIS Initials MeetiugDate Prepared by Ma or's review Council review 11/18/13 JP ITEM INFORMATION ITEM No. 6 81 STAFF SPONSOR: JACK PACE ORIG INAL AGENDA DATE: 11/18/13 AGENDA ITEM TITLE An Ordinance amending the Revenue Generating Regulatory License (RGRL) fee regarding rental housing. CATEGORY Discussion Mtg Date 11/18/13 E Motion Mtg Date E Resolution Alt,gDate 1 Ordinance Bid Award Mg Date Public Hearing Mt,gDate I— Other Mt Date Mtg Date 11/18/13 SPONSOR Council Mayor —I HR DCD hit Finance Fire E IT I— P&R Police LI Ply SPONSOR'S The City Council is being asked to approve an Ordinance amending the Revenue SUMMARY Generating Regulatory License (RGRL) fee regarding rental housing. This would exempt properties with 1-4 units from the RGRL fee. REVIEWED BY E COW Mtg. ri CA&P Cmte Utilities Cmte Fl Arts Comm. DATE: 11/05/13 F&S Cmte Transportation Cmte Comm. E Planning Comm. CHAIR: ROBERTSON E Parks COMMITTEE RECOMMENDATIONS: SPoNsoR/ADmiN. CommnTEE Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDrruRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: GENERAL FUND Comments: This would reduce general fund revenue by approximately $11,495 annually. MTG. DATE RECORD OF COUNCIL ACTION 11/18/13 MTG. DATE ATTACHMENTS 11/18/13 Informational Memorandum dated 10/16/13 Draft Ordinance Minutes from the Finance & Safety Committee Meeting of 11/05/13 81 82 T{}: City Tukwila Jim Haggerton, Mayor INFORMATIONAL ��UU�� nn�n ��nn^nmn��n n�*n��~ nmn�~u�n��n�«~un��nmu Mayor Haggerton Finance and Safety Committee FROM: Community Development Finance Department DATE: October 16, 2013 SUBJECT: Revenue Generating Regulatory License (RGRL) fee on Residential Rental Business Licenses ISSUE Revise TMC 5.04.02 to exempt residential rental properties with 1-4 units from the Revenue Generating Regulatory License (RGRL) fee; eliminate the existing RGRL exemption applicable to residential rental properties with gross annual receipts of less than $12,000. BACKGROUND In 2010. the City Clerk's Office processed and issued all business licenses. Residential rental property owners were required to have a business license if they had five or more rental units. No RGRL fees were assessed at that time. In 2011' business licensing was transferred to the Finance Department and the RGRL was adopted as a new fee, the RGRL fee was assessed to all businesses licenses including residential rental business licenses regardless of how many units there were. In general, the RGRL fee is based on a calculation of employee hours worked with a minimum fee of $55. Hovv8v8r, a residential rental property with less than $12,000 of annual gross receipts was exempted from the RGRL fee. The Code Enforcement staff administers the residential rental license program, and the RGRL fee as it pertains to the residential rental licenses. As of January 1, 2011. an applicant was subject to a base license fee of either $50 or $100 depending on the # units in the property plus the RGRL fee based OD full-time equivalent employees. If gross annual revenue is $12'000 or more the RGRL fee of $0.034890 x annual FTE hours must be calculated and paid. This dual fee structure creates confusion to the applicant and requires staff explanation of the RGRL fee and time to address inquiries on how to calculate the amount due. Additiona||y, because of the complexity and time required, verification of eligibility for the $12.000 gross receipt exemption has not been undertaken. Of the 050 rental properties on record in 2012, 0096 or 393 claimed the exemption and paid no RGRL fee. DISCUSSION Changing the RGRL fee exemption from those residential rental properties with gross receipts of less than $12,000 to those residential rental properties with 1-4 units would reduce the Code Enforcement administrative efforts required to explain and follow-up on the fee and will also provide an exemption criterion that is easier to verify. A precedence was set before the RGRL fee was established whereby residential properties of 1-4 units were not treated as businesses. Of the 850 residential rental units on record in 2012, 590 units would fall under this exemption. INFORMATIONAL MEMO Page 2 # of Units Count of Properties FEES Total License RGRL Inspection 1 510 $ 36,113 $ 25,400 $ 7,920 $ 2,800 2 17 1,650 850 660 140 3 21 3,020 1,050 990 980 4 42 4,410 2,100 1,925 385 Sub -total 590 45,193 29,400 11,495 4,305 5+ 60 11,980 6,000 4,895 1,085 TOTAL 650 $ 57,173 $ 35,400 $ 16,390 ! $ 5,390 Of the 590 properties with 1 -4 units, 387 or 66% claimed exemption to the RGRL fee and 198 or 34% paid the minimum RGRL fee of $55. FINANCIAL IMPACT Based on the 2012 results, an exemption of properties with 1 -4 units from the RGRL fee would reduce annual RGRL fee revenue by approximately $11,495. RECOMMENDATION Staff recommends omitting the RGRL fee on 1 -4 units and continuing to collect the RGRL fee on 5 or more units. This would reduce code enforcement staff time needed to explain the fee and assist with calculations and free up time to focus on the program's intent to protect the public health, safety and welfare, and proper maintenance of rental housing. The Council is being asked to approve the ordinance and consider this item at the November 12, 2013 Committee of the Whole meeting and subsequent November 18, 2013 Regular Meeting. ATTACHMENTS Ordinance in draft form 84 DR FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.04.020, "APPLICATION AND FEES REQUIRED," TO AMEND THE FEE STRUCTURE ON RESIDENTIAL RENTAL BUSINESS LICENSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City desires to eliminate the Revenue Generating Regulatory License (RGRL) fee on residential rental business licenses for properties with fewer than five units; and WHEREAS, this policy change would reduce the administrative time spent managing the fee structure for residential rental business licensing and allow more time for the inspection component of the program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.04.020 Amended. Ordinance Nos. 2381 §3, 2356 §2, 2333 §3 and 2315 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 5.04.020, "Application and fees required," are hereby amended to read as follows: 5.04.020 Application and fees required A. Application Required. Any person desiring to establish or conduct any business enterprise or undertaking within the corporate limits of the City shall first apply to the Finance Department for a license to conduct such business. The application shall be upon a form furnished by the Finance Department on which the applicant shall state the company name and address; the nature of the business activity or activities in which he desires to engage; the place where the business will be conducted; the number of employees, whether full or part-time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date; the Washington State Unified Business Identifier (UBI) number; and other information pertaining to the business as required by the City. Owners of residential rental property are not subject W: Word Processing \Ordinances \Business license fee amended for Residental Rental strike -thru 10 -4 -13 CW:bjs Page 1 of 4 85 to the application requirements in this chapter but shall adhere to the application requirements in TMC Chapter 5.06. B. Fee - General. 1. The application must be accompanied by payment for the amount of the license fee. The license fee for the annual license issued under this chapter shall be $67.00 per full -time equivalent (FTE) employee, which consists+ng of a $12.00 per FTE business license fee plus a $55.00 per FTE Revenue Generating Regulatory License (RGRL) fee. The annual license fee shall be calculated by multiplying the number of full -time equivalent employees that worked in Tukwila during the previous calendar year by the license fee. 2. For owners of residential rental properties with 5 or more units, the annual license fee shall be calculated by combining the total amounts from: a. Multiplying the number of full -time equivalent employees that worked in Tukwila during the previous calendar year by the RGRL fee, and, b. The annual Residential Rental Business fee shall include a License fee as set forth in TMC Chapter Section 5.06.040. 3. It will be the responsibility of the business or residential rental property owner to determine the total number of FTE employees and, if required, demonstrate to the satisfaction of the Finance Director or his /her designee that the calculation and information is -are accurate. Employers without a full year of operating history shall estimate the number of FTE employees that will be employed in a 12 -month period. C. Minimum Fee. There shall be a minimum fee for an annual license of $67.00, which consistsing of a $12.00 business license fee and a $55.00 RGRL fee, except for an entity defined in TMC Section 5.04.090. 1. A business with less than $12,000.00 of annual gross receipts shall pay the minimum license fee. 2. A residential rental property with receipts fewer than 5 units shall be exempt from the RGRL fee, but shall be subject to the Residential Rental Business License fee requirements as set forth in TMC Section 5.06.040. ill .. e 23. An entity engaging in some activities or functions that are exempt from the combined business license fee and some that are not exempt shall pay a license fee based on the number of full -time equivalent employees involved in the functions or activities that are not exempt. 34. An individual person operating more than one business as sole proprietorship or owning more than one residential rental property within the corporate limits of the City shall pay only one RGRL fee, at an amount equal to the highest RGRL fee for any one of the multiple businesses, if not otherwise exempt from paying the license fee pursuant to this chapter. TMC Section 5.04.020.C.34 shall not apply if any W: Word Processing \Ordinances \Business license fee amended for Residental Rental strike -thru 10 -4 -13 CW:bjs 86 Page 2 of 4 one of the businesses or properties owned by the sole proprietor has three or more full - time equivalent employees. 45. If a business has more than one location in Tukwila, the license fee calculation shall include at least the minimum fee for each location. 56. The license fee for a business required to be licensed under this chapter and not located within the City's corporate limits shall be calculated by multiplying the license fee by the number of FTE employees working within the City, but in no event shall the license fee be less than the minimum license fee set forth in this chapter. If the number of FTE employees is not known at the time of renewal, the business shall estimate the maximum number of FTE employees they anticipate working in Tukwila for the 12 -month period subject to licensure. 67. Businesses doing business in the City that have no employees physically working within the City shall pay the minimum fee required under this chapter. 78. Businesses or organizations eligible for a temporary business license pursuant to TMC Section 5.04.010 will be required to pay the minimum $67.00 business license fee unless the applicant is participating at a City- sponsored event or as part of an event held at the Tukwila Community Center. If an applicant is participating at a City- sponsored event or as part of an event held at the Tukwila Community Center, they will be required to complete all application requirements and approvals required by the City's Parks and Recreation Department. D. New Businesses. The license fee for a new business shall be based on the estimated number of FTE employees that will work in Tukwila for a 12 -month period. If, during the license year, the City determines the actual number of employees is significantly different than estimated, the amount of the license fee will be recalculated for the new business. If the revised annual license fee is higher, the business must pay the difference within 30 days after notification is sent by the City. E. Over - Reporting Number of Employees. A business may request that the City refund the license fee overpaid on the basis that the business miscounted the number of FTE employees by an error factor of more than 15 %. The request must be in writing and the City must receive the request and all supporting documentation no later than 60 days after the end of the calendar year in which the error was made. If the City is satisfied the licensee paid an excess business license fee, the City will refund the excess license fee paid by the licensee. F. Under - Reporting of Employees. If the City determines the number of employees was under - reported at the time of application or renewal by an error factor of more than 15 %, the business shall pay the balance of the applicable license fee together with a penalty of 20% of such balance due. The business shall also reimburse the City for any accounting, legal, or administrative expenses incurred by the City in determining the under - reporting or in collecting the additional amounts. The Finance Director shall mail written notice of the amount to be paid and the business shall pay said amount to the City within 30 days of the date written notice is mailed by the City. If W: Word Processing \Ordinances \Business license fee amended for Residental Rental strike -thru 10 -4 -13 CW:bjs Page 3 of 4 87 the City does not receive timely payment, an additional penalty shall be added, applying the schedule for late payments in this chapter. G. Payment by Draft or Check. Payment made by draft or check shall not be deemed a payment of the license fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the fee unless and until the check or draft is honored. Any person who submits a license fee payment by check to the City pursuant to the provisions of this chapter shall be assessed an NSF fee set by the Finance Director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Business license fee amended for Residental Rental strike -thru 10 -4 -13 CW:bjs 88 Page 4 of 4 FINANCE AND SAFETY COMMITTEE Meeting Minutes November 5, 2013 — 5:30 p.m.; Conference Room #3 City of Tulzwila Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De' Sean Quinn and Verna Seal Staff: Guest: David Cline, Peggy McCarthy, Vicky Carlsen, Shelley Kerslake, Chris Flores, Marty Grisham, Jack Pace, Trish Kinlow, Bob Giberson, Gail Labanara, Laurel Humphrey Chuck Parrish CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Acceptance: Emergency Management Performance Staff is seeking Council approval to accept a $58,102.00 Emergency Management Performance grant from the Washington State Military Department and US Department of Homeland Security. This is the third year that the City has been awarded this grant, which will be used to fund 50% of the CERT Coordinator /Public Educator position as well as equipment and supplies for emergency management programs. The grant requires a 50% City match which has been met and exceeded. MAJORITY APPROVAL. FORWARD TO NOVEMBER 18 REGULAR CONSENT AGENDA. B. Interlocal Agreement: Regional Fire Training Consortium Staff is seeking Council approval to enter into an Interlocal Agreement with the Kent Regional Fire Authority (KRFA) that would renew the City's participation in the South King County Training Consortium. The Tukwila Fire Department has belonged to this consortium since January 2012 and it has been of great benefit to the City. After reviewing the last two years of participation, the KRFA is proposing a new fee of $13,800.00 to be applied to overhead and administrative costs. In addition, the two .75 FTE Training Division Captains assigned to the training facility will be increased to .85 FTE. The Fire Department's training budget will absorb these costs, which represent a compromise from the original proposal by the KRFA. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. C. Ordinance: Amending Tukwila Municipal Code Section 2.68.026, Municipal Judge Salary Staff is seeking Council approval of an ordinance that would fix the salary for the Municipal Judge as required by the Revised Code of Washington. This proposal increases the Judge's position from .75 to .85 FTE and calculates the salary at .85 of the salary set for District Court Judges in the Salary Schedule annually adopted by the Washington Citizen's Commission on Salaries for Elected Officials. Benefits will also be prorated at 85 %. It is the Mayor's intention to reappoint Kimberly Walden as Municipal Judge, which will be subject to confirmation by the City Council by a separate action later this month. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. D. Ordinance: Amending Revenue Generating Regulatory License (RGRL) Fee Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code 5.04.02 to exempt residential rental properties with 4 or fewer units from the Revenue Generating Regulatory License (RGRL) fee and eliminate the existing RGRL exemption applicable to residential rental properties with gross annual receipts of less than $12,000. This simplified process will have the benefit of reducing Code Enforcement staff time associated with explaining the fee as well as with identifying criteria under the 89 Finance & Safety Committee Minutes November 5, 2013 — Pape 2 current system. While exempting properties with 1 -4 units from the RGRL fee will reduce annual revenue wt. by approximately $11,495, the savings in staff time makes this a cost - effective proposal. Additionally, Code Enforcement staff will have more time to focus on health, safety and maintenance components of ET* rental housing. MAJORITY APPROVAL. FORWARD TO NOVEMBER 18 REGULAR MEETING FOR DISCUSSION UNDER NEW BUSINESS. E. Ordinances: 2014 Property Tax Levy Staff is seeking Council approval of two ordinances: one that would increase the City's Regular Property Tax Levy from 2013, and one that would levy General Taxes. These ordinances are presented to the Council on an annual basis. According to the King County Assessor, the projected assessed value for Tukwila is $4,707,092,379. The allowable levy projected by King County is $14,043,979, representing the maximum 1% increase allowed by law. This is subject to change until the final rate is determined by the County. A levy amount of $14,100,000 is proposed in the draft ordinance and may be adjusted based on that determination. Because the County is now aware that the City has a firemen's pension fund, the City's maximum statutory levy rate is $3.325, pursuant to RCW 27.12.390. This is an increase that gives the City additional capacity for future growth or levy lid lifts. Staff distributed a table indicating actual property tax collection for 2011 -2013 and projections for 2014 -2017. Committee members asked that this table be attached to the information memo for Committee of the Whole discussion. A public hearing is scheduled for November 12, 2013. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. F. Budget Legislation 1) Staff is seeking Council approval of a resolution to adopt the 2014 -2019 Financial Planning Model and Capital Improvement Program (CIP). Drafts of these documents were presented to the Council at a workshop on August 28, and the Utilities and Transportation Committees conducted further review in September. Staff reviewed an attachment to the informational memo that lists all of the changes made to the CIP since it was first proposed in August. Committee members asked clarifying questions of items they considered to be large policy questions, including: Fund 104: Bonding of total $5,965,000.00 for the Boeing Access Road over BNRR Bridge Rehabilitation and Interurban Avenue South projects. Committee members and staff agreed that further review of the City's debt policies in general would be valuable, using this as an example. Fund 301/412: Tukwila 205 Levee, Riverton Creek Flap, and Lower Gilliam projects moved from Parks to Surface Water Fund. This will be reviewed further in Committee of the Whole. Additionally, the Utilities Committee has just forwarded to the Committee of the Whole an ordinance amending the definition of Surface Water Management Conveyance Systems to include dikes, levees, and revetments. 2) Staff is seeking Council approval of an ordinance to amend the 2013 Budget. Staff provided an overview of the proposed changes, including new proposals, items over budget, previous Council approvals, revenue backed expenditures, accounting changes, and carryover. A public hearing is scheduled for November 12, 2013. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. G. Ordinance: Ethics Code As follow up to the Committee's requests during the October 22 meeting, City Attorney Shelley Kerslake returned with three options for a proposed Ethics Code applicable to elected and appointed officials and City staff. The first option establishes a 5 member Ethics Board comprised of existing Commission Chairs with adjudication of complaints by the City Council. The second option establishes a 5 member Ethics Board comprised of existing Commission Chairs with adjudication of complaints by the Board itself. The third option establishes an Ethics Board comprised of three new appointees by the Council and two by the Mayor with adjudication of complaints by the Board. The Committee discussed the options, and highlights from that discussion are: 90 mon City of Tukwila CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: November 13, 2013 SUBJECT: Report for November 18, 2013 Regular Council Meeting Jim Haggerton, Mayor The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Tukwila School District provider meetinq: Human Services participated in a Tukwila School District provider meeting on November 5. This is an excellent place to learn about resources and services. Meetings are set up to meet with King County Library staff and Jessie McCall, the new Student Success Coordinator in the near future. • Southwest Kinq County Chamber Membership Luncheon: Mayor Haggerton, Council President Hougardy and staff attended the Southwest King County Chamber monthly membership luncheon where Jeff Marcel from the Economic Development Council (EDC) of Seattle and King County spoke about the EDC's structure and work plan. • Draft WA State Rail Plan: The draft plan was released on September 20th and contains the recommendation for WSDOT to adopt an interim stop policy and then to create a formal policy on adding or consolidating stops on Amtrak Cascades. The interim policy states that major service changes will not occur before 2017 and that together with ODOT, WSDOT will initiate a public process in late 2014 to formalize a new stop policy for the corridor after both states' rail plans are complete. • Kinq County City Administrators /Managers Meetinq: at this monthly meeting, the following topics were discussed: • King County reduction in snow removal due to budget reductions. The County discussed that it is reducing its snow removal efforts from approximately 30% of their lane miles down to 10 %, due to the significant reductions in the County road fund. Several cities were interested in creating a regional map of snow removal efforts to help coordinate information and services in case of a large snow event. • There was also a State Transportation update and a recap of election results, especially of local initiatives. • National Leaque of Cities Mobile Workshop on Community Schools: Several Councilmembers and community members worked with Kimberly Matej, Government Relations Manager as she coordinated a mobile workshop to attendees of the National League of Cities Congress of Cities being held in Seattle this year. The focus was on Community Schools Collaboration (CSC) and the close partnership between the Tukwila School District and the City. The mobile workshop included a tour through some of the neighborhoods served by CSC, as well as a presentation about the CSC program. 91 City Administrator Report Page 2 II. Staff Updates Public Safety • 2013 Shared Hope International JuST Conference: A team of police employees attended the 2013 Shared Hope International JuST Conference in Washington DC. The conference provided new insights for tackling the growing problem of Human Trafficking. Here are some highlights from the conference: Shared Hope teamed up with Brunner to host a live doll box installation exhibit to alarm the community to the issue of Human Trafficking in a real and tangible way. air 7 Shared Hope announced the first three states to earn an "A" on the Protected Innocence Challenge - Washington, Tennessee and Louisiana. During the JuST Conference over 35 national experts led 38 unique sessions and workshops on topics including: shelter and service provision, the American pimp, gang trafficking, demand, investigation techniques, advocacy and many other topics. Of particular interest to Law Enforcement were tools for us to prosecute purchasers ( "Johns ") at a Federal Level for soliciting a known minor. 92 City Administrator Report Page 3 Project Updates • Tukwila Home 2 Suites — 380 Upland Drive The building permit for a four story, 139 room hotel was issued today. This building is proposed to be a total of 77,578 square feet. The construction of this project is anticipated to start in the next two to three months. • TRAKiT Go LIVE: The new TRAKiT permit system was launched on Wednesday. The successful implementation of the City's new permitting software could not have been done without the hard work and dedication of the city's core team and testers. We will be rolling out a soft launch of the eTRAKiT system that will allow our customers to apply for permits, check permit status, schedule inspections, and submit inquiries /issues about a particular property or project online. We will hopefully be implementing our electronic plan review sometime in the first quarter of 2014 starting with our smaller projects and moving forward to include the option for all projects regardless of size. • Master Builders Meetinq: Staff met with Alex Wilford, the new South King County representative from the Master Builders Association (MBA). We discussed how the MBA might provide input on our update of the Comp Plan Housing Element. • Sound Transit Lonq -Ranqe Plan Update /SEIS Aqency Scopinq Meetinq: Staff attended the Open House /Presentation to various city and agency staff on Sound Transit's request for comment on their Long Range Plan Update. Staff requested a copy of the slideshow to pass on to DCD and PW for review. Information gained from the meeting will be used in the refinement of City of Tukwila staff recommendations for comment due on November 25. Community Services • Efforts continue for the Restore the Duwamish Shoreline Challenge: DCD staff (with logistical support from Parks Department) collaborated with Forterra and BECU to lead volunteers at a work party at the project site on Friday, November 9. This was the last regular monthly work party for the year, but there will be individual group events and BECU employee events through the winter. Also the project's 4 newly trained volunteer stewards (trained by Earth Corps through a grant to Forterra) will be holding work parties for site maintenance and monitoring over the winter months. 93 94 Upcoming Meetings & Events November 2013 18th (Monday) 19th (Tuesday) 20th (Wednesday) 21st (Thursday) 22nd (Friday) 23rd (Saturday) D Utilities Cmte, 5:00 PM (CR #1) D City Council Executive Session, 6:00 — 6:45 PM (NOTE CR #3) D City Council Regular Mtg., 7:00 PM (Council Chambers) D Tukwila Metropolitan Park District Board of Commissioners, 8:00 PM (Council Chambers) D Finance & Safety Cmte, 5:30 PM ( CR #3) ) D Parks Commission, 5:30 PM (Community ( y Center) Annual Thanksgiving Dinner for Seniors (Community Center) Doors open at 10:50 AM, Beverages served at 11:15 and Salad served at 11:30 AM. Lunch is served at 11:50. Dessert is served at 12:30. This is a free event for Seniors. To reserve a space call: 206 - 768 -2822 Spirit of Giving Toy Collection Event (Westfield Southcenter Mall — South Parking lot) 10:00 AM — 4:00 PM Food and Cash Donations will also be accepted for the Tukwila Pantry. For additional information, contact Shannon at 206- 767 -2312. D COPCAB, 6:30 PM (CR #5) > Tukwila Hist rical S cicty, Cancelled 25th (Monday) 26th (Tuesday) 27th (Wednesday) 28th (Thursday) 29th (Friday) 30th (Saturday) D Community Affairs & Parks Cmte, 5:15 PM (CR #3) D City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) To be immediately followed by a Special Meeting. D Transportation Cmte, 5:15 PM (CR #1) Thanksgiving Day City offices closed r / ii/ lialli h'. ° 1111 ,1,1,1,„ � l r f y, + City offices closed Tukwila Int'l. Action Cmte's Trash Pickup 9:00 10:00 4141 For location information contact Sharon Mann 206 -200 -3616 Blvd. Day AM or > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206 - 431 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:15 PM, Conf. Room #3 ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Thurs., 6:30 PM, Conf Rm #5. Chris Partman (206 -431- 2197). > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf Room #3. Contact Joyce Trantina at 206 - 433 -1868. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Conf. Room # (A) A contract for Seattle Express shuttle services. (B) A renewal agreement for Microsoft Enterprise software. (C) A marketing plan for Foster Golf Links. (D) A resolution relating to non- represented employees' wages and benefits for 2014. (E) An amendment to the contract with BERK and Associates. (F) An amendment to the lease agreement with Alliance One Receivables. (G) Discussion regarding the Council review and approval process for vouchers. > Library Advisory Board: 1st Tues., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342. > Parks Commission: 3rd Wed., 5:30 PM, Meeting Room B at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Transportation Committee: 2nd & 4th Tues., 5:15 PM, Conf Room #1 > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59th Avenue S. Contact Pat Brodin at 206 - 433 -1861 >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. (A) 2013 Annual Sewer Repair Program — Change Order No. 1 Approval. (B) Surface Water Comprehensive Plan — Resolution Adopting the 2013 SWCP. (C) Mandatory Garbage Collection. 95 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. November 4 12 (Tuesday) 18 See agenda packet cover sheet for this week's agenda (November 18 2013 Regular Meeting). 25 Special Presentation: Legislative Update from Senator Bob Hasegawa. Special Issues: -PROS Plan Phase 4 Update - Draft plan review. - Council Policies and Procedures. -A Purchase and Sale agreement and Lease agreement. - Collective Bargaining Contract. Special Meeting: Purchase and Sale agreement and Lease agreement. December 2 Unfinished Business: 9 Special Issues: 16 23 - Budget amendment Ordinance. -A resolution adopting the 2014- 2019 Financial Planning Model and Capital Improvement Program. - Collective Bargaining Contract. - Purchase and sale agreement with King County Library System. Tukwila Village boundary line adjustment. Special Meeting: Tukwila Village boundary line adjustment. 96