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FS 2010-06-08 COMPLETE AGENDA PACKET
1. PRESENTATION(S) 2. BUSINESS AGENDA a. Fireworks Permit for the July 4 event; Don Tomaso, Fire Marshal. b. An Ordinance adopting the 2009 International Fire Code; Don Tomaso, Fire Marsha c. Proposed Land Use Fee Schedule; Jack Pace, Community Development Director. d. Bond Ordinance for Southcenter Parkway Construction; Shawn Hunstock, Finance Director. e. An Interlocal Agreement for Animal Control Services; Shawn Hunstock, Finance Director. f. Update on Filing Dates for Elections; Shawn Hunstock, Finance Director. 3. ANNOUNCEMENTS 4. MISCELLANEOUS City of Tukwila Finance and Safety Committee o De'Sean Quinn, Chair O Allan Ekberg 0 Kathy Hougardy AGENDA TUESDAY, JUNE 8, 2010 CONFERENCE Room #3; 5:00 PM Item Recommended Action Page Next Scheduled Meeting: Tuesday, June 22, 2010 15. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 for assistance. Distribution: D. Quinn S. Hunstock D. Speck A. Ekberg M. Hart R. Still K. Hougardy S. Kerslake D. Tomaso D. Robertson K. Kertzman J. Trantina Mayor Haggerton T. Kinlow M. Villa S. Lancaster K. Matej Judge Walden C. O'Flaherty M. Miotke B. Arthur S. Brown G. Labanara C. Parrish J. Ferrer -Santa Ines D. Lincoln K. Narog B. Giberson N. Olivas S. Kirby D. Haynes J. Pace S. Norris a. Forward to 6/14 C.O.W. Pg.1 and 6/21 Regular. b. Forward to 6/14 C.O.W. Pg.25 and 6/21 Regular. c. Forward to 6/14 C.O.W. Pg.43 and 6/21 Regular. d. Forward to 6/14 C.O.W. Pg.53 and 6/21 Regular. e. Forward to 6/14 C.O.W. Pg.81 and 6/21 Regular. f. Information only. Pg.149 Committee Goals: Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road. Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to CAP). Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to CAP). BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Don Tomaso, Fire Marshal DATE: May 21, 2010 SUBJECT: Tukwila's Family Fourth event on July 4, ISSUE The City has received an application for public fire works display at Starfire Sports complex in conjunction with the City sponsored Tukwila's Family Fourth Event. The event is held in the northwest corner of the complex, with the fireworks being discharged from the northeast corner of the complex. Tukwila Municipal Code 8.12.20 regulates Fireworks within the City in addition to RCW 70.77. TMC requires that the City Council approve all Public Displays under TMC 8.12.20.b. The application was received more than 14 days prior to the proposed display and has been investigated by the Fire Marshal's Office and found to comply with the requirements listed in RCW 70.77. This will be the eighth year we have had displays at this location with the same pyrotechnician. Given the location of the display the Fire Marshal's office will require the same safety conditions as in previous years to mitigate potential fallout and crowd control issues. In addition, this year we will require two additional fire watch personnel to be on the new Seattle Sounder FC sports turf field. Last year we used hose lines to wet the field and to be available for immediate use in case of falling debris that was still hot. We had two small scorch marks that occurred. To prevent that type of damage this year, we will require that the sport turf fields be covered in vis- queen, and we will flood that with water. This should extinguish any hot debris on impact before it can damage the field. ANALYSIS This event has been very successful for the City and citizens that attend, with attendance increasing each year. There have been no major emergency events in previous years in regard to fire or aid calls. We have experienced the normal type of minor fire and aid calls typical for crowds of this size. RECOMMENDATION Approve the proposed public fireworks display permit and forward this to the Council agenda for June 14 and 21 Jim Haggerton, Mayor INFORMATIONAL MEMO Page 2 ATTACHMENTS A copy of the condition's letter and a site map is attached for reference as well as a copy of TMC 8.12, RCW 70.77.255, 70.77.260, and 70.77.280 through 70.77.295. H:12010 4th of July Fire Works Permit110 Council Memo.doc Fort Dent 4th of July Fireworks Plan Aerial Photo Map Starfire Sports Fireworks Discharge and Restricted Area Map PART I TO: Governing_ body ofcitv, town, or county in which display is to be conducted. TIVISSIEMENEMERMantalii::.MEMOVSEREMMaREORMEWEREAWS NAME Entertainment Fireworks, SPONSOR City of Tukwila PQTECEINECOPEI NAME Tom Whit aNULL NAME Jim Malin NAME EL TON ME PFRO it=r ADDRESS I PHONE nc. PO Box 7160 Olympia WA 98507-7160 360-352-8911 ADDRESS C/O Tracy Gallaway PHONE 12424 42nd Ave S Tukwila WA 98168 206-768-2822 ADDRESS LICENSE# 3800 NE 6th PL Renton WA 98056 ADDRESS ill4 r13807 SE mRi4gtitfki Rg Renton WA 98059 59 AGE Paggan APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT ADDRESS Ai LOCATION Starfire Sports Complex 14600 Starfire Way Tukwila WA 98188 DATE July 4, 2010 TIME Approx. 10:00 PM NumBERIANDAKINIISOFIF) ,S 3.0" Salutes 160; up to 3.0" Multi-Shot 3.0" Aerial Shells 102; 4.0" Aerial Shells 6.0" Aerial Shells 99. iimANNwksm, e.f PART II Delivered to site day of display. 4EINANclAUSFSPANSI _VI AM; BONDING OR INSURANCE COMPANY Britton Gallagher Associates ADDRESS 6240 SOM Center Rd. Cleveland OH PERMIT NAME: RESTRICTIONS: Permit not valid without verification of the appropriate State Fireworks License LICENSE NUMBER: C nonn-42n_n5n (R nmfit 1DiPL Cakes 12; iibleCtAb.iPbObVOttif PERMIT (Instructions on reverse side) 92;5Aerial Shells 90; DATE: (Full name of person, firm, or corporation granted permit) (Title) DATE OF APPLICATION 5-6-2010 P-04092 AGE (Mark One) Bond or certificate of insurance attached Bond or certificate of insurance on file with State Fire Marshal Bond or certificate of insurance shalt provide minimum coverage of 44139 $50,000/$1,000,000 bodily injury liability for each person and event, respectively, and $25,000 property damage In accordance with the provisions of RCW 70.77 and applicable local ordinances, this permit is granted to conduct a fireworks display as per the above application. (Signature of Official granting permit) Distribution: WHITE (A): Local Fire Authority; YELLOW (B): Permitee WAS1HINGTON DRIVER LICENSE t_ic.# WHIT0481111 EXP 03 -2A1 MrrAg iOMA3 LEROY cot -.0 `Eriolrl' iei s K SE HG: EYES M 6=0e 18 'BRN tssuE aigr p: Pivrotectlt ,coat il.f b aiiias. Whitacre Lieeii`si. Type"of r a echiiiic Operator O tpirotion Dat 8;. 3 Tit, 2011 State )+iir:VF slie rSignatdz e Im9trv.dIKme.u..MdWhit3Cte T4911.- In.. ova .10 ...rat Now CArw SYp nu0.rm. (19 CR%I 41y119).d9dl.Nw...N.d..6M9SL. Iw ,nps o..0� IRO�b, eY,Mn. l .•••A•a corn... kn.. INeadnEh•A+ro re 1 by ••al..9.m.a<n MEDICAL EXAMINER'S CERTIFICATE 11104uanulnnIFenNzvAidigortYNIFiFINdelsoninglello 9uwd©a7S vlAalmbnEN9A +•am.anmao nu/ M1 N4mMlnny We: 5GNATUREUeM INIR Ty.EPNONE DATE (425) 656 -5020 05/27/2009 MEDICAL PXANNEIYS NAME(PI1NT) (IMO )00 (1CMnpnda I IEfiyad.n (1Ad..nw Dennis Stumpy, MD A.ddw NN„"C°,,s MEDICAL ECAASNERS MENU OR CERTIFICATENO /19SUN0 STATE MD00027714 1 WA SICNATU rJ I DRIVERS LICENSE f sra WA ACCRUE OFOIOypt 3800 NE 6th P1,. Renton, WA 98056 Ml ICAL CERTUIGTE EXPIRATION nAT ashingtgn,_ ;Stage Pa trol 8 1 4 k'ire -Frb #ee "tion;$ureau Q TGeState.FireMarshal Licensee Signature ....q. I.e.dly raw (CI an 391 12) W• 9M1 P.danwp Erd9.9e. CN9ut.)9Pq I 1 0.1IAMOy Kant. o(.. CFA 991.69 ‘1 Ui/ PRODUCER Britton Gallagher and Associates, Inc. 6240 SOM Center Rd. Cleveland OH 44139 INSURER(S) AFFORDING COVERAGE 1 NAIC I INSURER A Lexinaton Insurance Co 1 INSURER B Granite State Insurance Co. 23809 1 INSURER C I INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 17554 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURED Entertainment Fireworks, Inc. P. O. Box 7160 Olympia WA 98507 -7160 INSR LTR TYPE OF INSURANCE A GENERAL LIABILITY X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR B a� CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMIDD/YYYY) 5/4/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY X I .!ri'rc r I I LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DEDUCTIBLE OCCUR CLAIMS -MADE RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 9 yes, describe under DESCRIPTION OF OPERATIONS below Y/N I AUULISUBR INSR WVD NIA 1619933 -02 2/15/2010 2/15/2011 CA62658527 POLICY NUMBER City of Tukwila (Tukwila's Family Fourth at the Fort) C/O 12424 42nd Ave S Tukwila WA 98168 CONTACT NAME: PHONE (A /C. No. Extl: 44 CI-748-4711 E -MAIL ADDRESS: PRODUCER CUSTOMER ID POLICY EFF POLICY EXP IMM /DD/YYYYII IMM/DD/YYYYI 2/15/2010 2/15/2011 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Date of Display: July 4, 2010. Location: Ft Dent Park 14600 Starfire Insureds: Tukwila's Family Fourth at the Fort, City of Tukwila, Tukwila agents, and employees when acting in their official capacity as such. CERTIFICATE HOLDER CANCELLATION AUTHORIZED REPRESENTATIVE LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrencel MED EXP (Any one person) PERSONAL ADV INJURY GENERAL AGGREGATE PRODUCTS COMP /OP AGG FAX IA/C.Nol:44n -8 -1234 $1,000,000 $50,000 $1,000,000 $2,000,000 $2,000,000 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) 1 PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE WC STATU- 1OTH- TORYIIMITS ER E.L. EACH ACCIDENT E.L. DISEASE EA EMPLOYE E.L. DISEASE POLICY LIMIT Way, Tukwila WA 98188. Addl. Fire Dept., their officers, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Fort Dent Park Fireworks Discharge Aerial Photo Map Citv of Tukwila Jim Haggerton, Mayor Fire Department Nicholas J. Olivas, Fire Chief Date: May 21, 2010 To: Chief Olivas From: B/C Tomaso� Re: Public Fire Works Display Permit I have reviewed the permit application information provided by Mr. Tom Whitacre, who has applied for the permit for a public fireworks display at the Starfire Sports Complex, 14600 Starfire Way. Mr. Whitacre is a licensed Pyrotechnic Operator with the State of Washington and with the Bureau of Alcohol, Tobacco and Fire Arms. The State Department of licensing also licenses Mr. Whitacre to transport fire works. The display will be held in conjunction with the City's planned event on the 4 of July, "Family Fun at the Fort", being organized by the Parks and Recreation Department. This will be a 35 to 40 minute show starting at approximately 2200 hours. The fireworks will be transported to the site in the AM of July 4 and will be under the required supervision until they are discharged. The mortar tubes and other equipment will be brought to the location on July 2 3rd The application was reviewed to WAC 212 -17 and accepted industry standards, and we find everything is within these guidelines. I do have some concerns this year regarding the railroad right of way, Seattle Sounders FC practice fields and the limited access this allows. In addition, a portion of the fallout area includes a portion of a commercial property within the City of Renton. I have contacted Renton Fire Officials and have not received a response at the time of this memo. Last year the Renton Fire Marshal approved our plan, which is the same as in previous years. Crowd control can be a potential issue, as the crowd that assembles to watch the fire works show has increased each and every year. Last year the traffic leaving the site was managed with the available Tukwila Police on site and available patrol units. To mitigate these issues I believe the following measures should be done: Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 City of Tukwila Page 2 Stage two fire apparatus at the site: one apparatus on each side of the Railroad right of way. Apparatus shall be out of service during the display and for 30 minutes following the display. Cover the Seattle sounder FC practice fields with vis- queen, tape the seams and flood with water. This will allow hot debris to and in water which should extinguish it immediately and should reduce the risk of damage to the fields. Stage two firefighters in the Seattle Sounder FC practice fields as fire watch personnel with portable extinguishers and garden hoses supplied by Starfire staff. Have Tukwila Police provide crowd control during the public display. A minimum of 4 officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave intersection to expedite traffic flow. (2 additional Tukwila Police shall be available to respond to the site if requested.) Comply with Fire Works Permit Conditions attached. Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 To: Mr. Tom Whitacre From: B /C. Tomaso Re: July 4 Fireworks display Date: May 21, 2010 Citv of Tukwila Jim Haggerton, Mayor Fire Department Nicholas J. Olivas, Fire Chief FIREWORKS PERMIT CONDITIONS 1. Notify Washington State Patrol at 425 649 -4658. 2. Notify FAA specialist at 425 227 -2536 or 425 227 -2500. 3. Notify BNSF railroad resources at 1- 800 832 -5452, 2 hours prior to display time. 4. Establish Safety perimeter a minimum of 30 minutes prior to display start. 5. Have discharge monitors in visible uniform clothing. 6. No Pyrotechnics to be brought to site prior to the day of the display. 7. All personnel inside the safety perimeter shall use Personnel Protective equipment as outlined in NFPA 1123. 8. Only Pyrotechnicians and Fire Watch personnel will be within the safety perimeter. 9. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from transport vehicle. (2A 20 BC Minimum Size) 10.4 Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of the display for crowd control and shall remain for a minimum of 30 minutes past the end Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 City of Tukwila Page 2 of the display or the crowd disperses. (2 additional Tukwila Police officers shall be available to respond to the site if requested.) 11. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic shells. 12. Tukwila Fire Department shall inspect all static displays upon completion of set up. 13. Two Tukwila Fire Department apparatus shall be on location prior to the start of the display. (One will be an overtime staffed Engine) 14.Two additional overtime firefighters will be the designated fire watch personnel assigned to the Seattle Sounder FC practice fields. 15. The Seattle Sounder FC practice fields shall be covered with vis -queen with seams taped and flooded with water to extinguish hot debris falling on the fields. 16.Any breech of the safety perimeter shall suspend the display until the perimeter is cleared and re established. 17. Upon completion of the display, the fallout area shall be checked for unexploded shells. Cleaning of debris, if not practical on the night of the event shall be at first Tight the next day. 18. No combustible materials shall be stored inside the safety perimeter. Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 May 21, 2010 City of Tukwila Steven M. Mullet, Mayor Fire Department David Pargas Assistant Fire Marshal Renton Fire Department 1055 S Grady Way Renton, WA 98055 Nicholas J. Olivas, Fire Chief RE: Public Firework Display's Dear Dave: The City of Tukwila will again be sponsoring a public fireworks show on July 4 this year at the Starfire Sports Complex that borders the City of Renton. As a result of this close proximity to Renton, a portion of the fallout area is within the Renton City limits. I have always notified and obtained approval from your office. As in past years the City will stage a 3 person overtime Engine Company on the Renton side of the railroad tracks in the event of a fireworks related incident. There is a small portion of one commercial building that falls within the fallout area, and this engine company will provide coverage for this facility as well. The engine company will be on site 30 minutes prior to the start of the display and remain on location for 30 minutes after the show's completion. In addition, we have an engine company located on the Tukwila side of the railroad tracks within the Starfire Complex. We have held this event for the last 8 years at this location without an incident related to the fireworks display and no events within the City of Renton. In previous years we have had issues on the 4 with individuals bringing in consumer and illegal fireworks for personal use, so we have signed the park and increased Police presence to remediate this issue with good success. Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 City of Tukwila Page 2 I have attached a site diagram for your convenience; if you have any further questions please contact me at 206 575 -4407. B /C. Don Tomaso Fire Marshal City Of Tukwila dtomaso@ci.tukwila.wa.us Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439 Chapter 8.12 FIREWORKS Sections: 8.12.010 Sale of Fireworks Prohibited 8.12.020 Ban on Fireworks Discharge 8.12.030 Fireworks Discharge, Enforcement Authority 8.12.040 Fireworks Discharge, Penalties 8.12.010 Sale of Fireworks Prohibited No person, firm or corporation shall manufacture, sell, or store fireworks in the City of Tukwila, except that a person granted a permit for a public display of fireworks shall be allowed to buy, possess and store fireworks according to the permit granted. (Ord. 1786 §1, 1996) 8.12.020 Ban on Fireworks Discharge No person or persons shall ignite, explode or discharge any fireworks or firecrackers within the city limits of Tukwila, except as provided below: 1. Use by a group or individual for religious or other specific purposes on an approved date an approved location pursuant to a permit issued pursuant to RCW 70.77.311. 2. Use of trick and novelty devices as defined in WAC 212.17.030, and use of agricultural and wildlife fireworks as defined in WAC 212.17.045. 3. Public Display of Fireworks a. "Public displays of fireworks" are defined as an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. b. Public displays of fireworks shall be allowed pursuant to the definitions and permit provisions found in RCW 70.77.255, 70.77.260 (2), 70.77.280 through 70.77.295, and City requirements in TMC 8.12.020 -3.c, 3.d 3.e below. c. Applications for public display of fireworks shall be made in writing at least 14 days before the proposed display. The Fire Marshal shall investigate the safety, supervision, responsibility and preparation for the display, and shall report to the City Council those findings. TITLE 8 PUBLIC PEACE, MORALS AND SAFETY d. The City Council shall review all permit applications for a public display of fireworks, and shall have the power, based upon the finding of their investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as they shall prescribe. Said decision to grant, deny, or grant subject to conditions shall be in writing with findings and conclusions provided therein in support of the City Council's decision. e. The fee for a public display shall be $100. f. Permits granted shall be in effect for the specified single event, date and time specified in the permit. Such permit shall not be transferable. g. Any applicant who feels he /she has been denied a permit for reasons other than those set forth in this section, is entitled to appeal the written decision in accordance with procedures set forth in TMC 8.45.060 relating to appeals from notice and orders. (Ord. 1787,1, 1996) 8.12.030 Fireworks Discharge, Enforcement Authority The Chief of Police and Fire Marshal are both directed to administer and enforce the provisions of this chapter. Upon request by the Chief of Police or the Fire Marshal, all other City departments and divisions are authorized to assist them in enforcing this Chapter (Ord. 1787,¢2, 1996) 8.12.040 Fireworks Discharge, Penalties Any person who violates any portion of this ordinance shall be subject to having their fireworks confiscated as provided for in RCW 70.77.435, and shall be guilty of a civil violation and penalty as provided in TMC Chapter 8.45. (Ord. 1787 §3, 1996) Printed March 2010 Page 8-13 RCW 70.77.160: Definitions "Public display of fireworks." Page 1 of 1 RCW 70.77.160 Definitions "Public display of fireworks." "Public display of fireworks" means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks. [2002 c 370 9; 1997 c 182 1; 1982 c 230 6; 1961 c 228 9.1 Notes: Severability 2002 c 370: See note following RCW 70.77.126. Severability -1997 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 182 26.] Effective date -1997 c 182: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 23, 1997j." [1997 c 182 27.] httn:// anns .lea.wa.gov/RCW /default.aspx ?cite= 70.77.160 05/21/2010 RCW 70.77.255: Acts prohibited without appropriate licenses and permits Minimum age for license o... Page 1 of 1 RCW 70.77.255 Acts prohibited without appropriate licenses and permits Minimum age for license or permit Activities permitted without license or permit. (1) Except as otherwise provided in this chapter, no person, without appropriate state licenses and city or county permits as required by this chapter may: (a) Manufacture, import, possess, or sell any fireworks at wholesale or retail for any use; (b) Make a public display of fireworks; (c) Transport fireworks, except as a licensee or as a public carrier delivering to a licensee; or (d) Knowingly manufacture, import, transport, store, sell, or possess with intent to sell, as fireworks, explosives, as defined under RCW 70.74.010, that are not fireworks, as defined under this chapter. (2) Except as authorized by a license and permit under subsection (1)(b) of this section or as provided in RCW 70.77.311, no person may discharge display fireworks at any place. (3) No person less than eighteen years of age may apply for or receive a license or permit under this chapter. (4) No license or permit is required for the possession or use of consumer fireworks lawfully purchased at retail. 12002 c 370 21; 1997 c 182 6; 1995 c 61 13; 1994 c 133 4; 1984 c 249 10; 1982 c 230 14; 1961 c 228 28.] Notes: Severability 2002 c 370: See note following RCW 70.77.126. Severability Effective date -1997 c 182: See notes following RCW 70.77.160. Severability Effective date -1995 c 61: See notes following RCW 70.77.111. Severability Effective date -1994 c 133: See notes following RCW 70.77.146. httn://anns.leg.wa.gov/RCW/default. asnx?cite=70.77.255 05/21/2010 RCW 70.77.260: Application for permit. Page 1 of 1 RCW 70.77.260 Application for permit. (1) Any person desiring to do any act mentioned in RCW 70.77.255(1) (a) or (c) shall apply in writing to a local fire official for a permit. (2) Any person desiring to put on a public display of fireworks under RCW 70.77.255(1)(b) shall apply in writing to a local fire official for a permit. Application shall be made at least ten days in advance of the proposed display. [1984 c 249 11; 1982 c 230 15; 1961 c 228 29.] Notes: General license holders to file license certificate with application for permit for public display of fireworks: RCW 70.77.355. httn: /aoos.lea.wa. aov/RCW /defauit.aspx ?cite= 70.77.260 05/21/2010 RCW 70.77.265: Investigation, report on permit application. Page 1 of 1 RCW 70.77.265 Investigation, report on permit application. The local fire official receiving an application for a permit under RCW 70.77.260(1) shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city or county. [1994 c 133 5; 1984 c 249 12; 1961 c228 §30.1 Notes: Severability Effective date -1994 c 133: See notes following RCW 70.77.146. httn://anns.leg.wa.gov/RCW/defaultaspx?cite=70.77.265 05/21/2010 RCW 70.77.270: Governing body to grant permits Statewide standards Liability insurance, Page 1 of 1 RCW 70.77.270 Governing body to grant permits Statewide standards Liability insurance. (1) The governing body of a city or county, or a designee, shall grant an application for a permit under RCW 70.77.260(1) if the application meets the standards under this chapter, and the applicable ordinances of the city or county. The permit shall be granted by June 10, or no less than thirty days after receipt of an application whichever date occurs first, for sales commencing on June 28 and on December 27; or by December 10, or no less than thirty days after receipt of an application whichever date occurs first, for safes commencing only on December 27. (2) The chief of the Washington state patrol, through the director of fire protection, shall prescribe uniform, statewide standards for retail fireworks stands including, but not limited to, the location of the stands, setback requirements and siting of the stands, types of buildings and construction material that may be used for the stands, use of the stands and areas around the stands, cleanup of the area around the stands, transportation of fireworks to and from the stands, and temporary storage of fireworks associated with the retail fireworks stands. All cities and counties which allow retail fireworks sales shall comply with these standards. (3) No retail fireworks permit may be issued to any applicant unless the retail fireworks stand is covered by a liability insurance policy with coverage of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence, respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit shall be covered by a liability insurance policy in the maximum amount offered by at least three different approved insurance companies. No wholesaler may knowingly sell or supply fireworks to any retail fireworks licensee unless the wholesaler determines that the retail fireworks licensee is covered by liability insurance in the same, or greater, amount as provided in this subsection. [2002 c 370 22; 1997 c 182 8; 1995 c 61 14; 1994 c 133 6; 1984 c 249 13; 1961 c 228 31.] Notes: Severability 2002 c 370: See note following RCW 70.77.126. Severability Effective date -1997 c 182: See notes following RCW 70.77.160. Severability Effective date -1995 c 61: See notes following RCW 70.77.111. Severability Effective date -1994 c 133: See notes following RCW 70.77.146. httn://anns.leg.wa.gov/RCW/default.asnx?cite=70.77.270 05/21/2010 RCW 70.77.280: Public display permit Investigation Governing body to grant Conditions. Page 1 of 1 RCW 70.77.280 Public display permit Investigation Governing body to grant Conditions. The local fire official receiving an application for a permit under RCW 70.77.260(2) for a public display of fireworks shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. Based on the investigation, the official shall submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body of the city or county. The governing body shall grant the application if it meets the requirements of this chapter and the ordinance of the city or county. [1995 c 61 15; 1994 c 133 §7; 1984 c 249 14; 1961 c 228 §33.1 Notes: Severability Effective date -1995 c 61: See notes following RCW 70.77.111. Severability Effective date -1994 c 133: See notes following RCW 70.77.146. httn://anus.lea.wa.gov/RCW/default.aspx?cite=70.77.280 05/21/2010 RCW 70.77.285: Public display permit Bond or insurance for liability. Page 1 of 1 RCW 70.77.285 Public display permit Bond or insurance for liability. Except as provided in RCW 70.77.355, the applicant for a permit under RCW 70.77.260(2) for a public display of fireworks shall include with the application evidence of a bond issued by an authorized surety company. The bond shall be in the amount required by RCW 70.77.295 and shall be conditioned upon the applicant's payment of all damages to persons or property resulting from or caused by such public display of fireworks, or any negligence on the part of the applicant or its agents, servants, employees, or subcontractors in the presentation of the display. Instead of a bond, the applicant may include a certificate of insurance evidencing the carrying of appropriate liability insurance in the amount required by RCW 70.77.295 for the benefit of the person named therein as assured, as evidence of ability to respond in damages. The local fire official receiving the application shall approve the bond or insurance if it meets the requirements of this section. [1995 c 61 16; 1984 c 249 15; 1982 c 230 16; 1961 c 228 34.] Notes: Severability Effective date -1995 c 61: See notes following RCW 70.77.111. httn:// arms .le2.wa.gov /RCW /default.aspx ?cite= 70.77.285 05/21/2010 RCW 70.77.290: Public display permit Granted for exclusive purpose. Page 1 of 1 RCW 70.77.290 Public display permit Granted for exclusive purpose. If a permit under RCW 70.77.260(2) for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. [1997 c 182 9; 1984 c 249 16; 1961 c 228 351 Notes: Severability Effective date -1997 c 182: See notes following RCW 70.77. 160. httn: /anns.lea.wa.gov/ RCW /default.aspx ?cite 70.77.290 05/21/2010 RCW 70.77.295: Public display permit Amount of bond or insurance. Page 1 of 1 RCW 70.77.295 Public display permit Amount of bond or insurance. In the case of an application for a permit under RCW 70.77.260(2) for the public display of fireworks, the amount of the surety bond or certificate of insurance required under RCW 70.77.285 shall be not less than fifty thousand dollars and one million dollars for bodily injury liability for each person and event, respectively, and not less than twenty -five thousand dollars for property damage liability for each event. 11984 c 249 17; 1982 c 230 17; 1961 c 228 36.] httnr flanns.leg.wa.gov/RCW/defaultasox?cite=70.77.295 05/21/2010 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: B/C Don Tomaso, Fire Marshal DATE: May 24, 2010 SUBJECT: 2009 International Fire Code Adoption ISSUE Jim Haggerton, Mayor Washington State has adopted this code effective July 1, 2010 and the City has until July 1, 2010 to adopt this code and City amendments. BACKGROUND The City is required to adopt the current fire code and any modifications that can be more restrictive, but not less restrictive, than the adopted State version of the fire code by June 30, 2010. We have made a few changes to clarify portions of the ordinance for the contractors and architects. They are noted in blue on your copies. ANALYSIS This code cycle adoption has one section that is considered a retroactive chapter for existing buildings. Chapter 46 is designed to provide base line fire safety for existing buildings within the state. The majority of the commercial structures that will be affected in Tukwila will be multi family apartment or condominium complexes classified as R 2; they will be installing fire alarm systems with occupant notification. In addition some of the larger "M" mercantile occupancies will also be required to provide some degree of fire alarm upgrades if they currently do not already have a fire alarm installed. RECOMMENDATION The Committee is being asked to forward this item to the June 14, 2010 Committee of the Whole and subsequent June 21, 2010 Regular meeting for adoption of the 2009 International Fire Code and appendices as amended. ATTACHMENTS Draft Fire Code Ordinance Copy of Chapter 46 of the International Fire Code. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2086 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.16, TO APPLY WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2047, 2129 AND 2166; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect the health, welfare and safety of Tukwila citizens by keeping current with the most recent fire code requirements; and WHEREAS, to achieve this end, the City Council has determined to update its current fire prevention and protection regulations by adopting the 2006 2009 Edition of the International Fire Code and appendices; and WHEREAS, the City Council desires to utilize its personnel resources in the most efficient manner, and increased demands have reduced the time available to complete inspections in a timely manner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 16.16 shall read as follows: Chapter 16.16 INTERNATIONAL FIRE CODE Sections: 16.16.010 Adoption of the International Fire Code. 16.16.020 Enforcement. 16.16.030 Definitions. 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. 16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited. 16.16.070 Amendments to the International Fire Code. 16.16.080 Fees. 16.16.085 Exceptions. 16.16.090 Appeals. 16.16.100 New Materials, Processes or Occupancies which may Require Permits. 16.16.110 Violations Penalties. 16.16.120 Conflicts with Existing Codes and Ordinances. Section 2. TMC Section 16.16.010 shall read as follows: 16.16.010 Adoption of the International Fire Code. Pursuant to RCW 35.21.180, that certain code of technical regulations known as the International Fire Code and Appendices B, C and D, except Section D -107 is not adopted, (2806 2009 Edition) and any amendments thereto published by the Western Fire Chiefs Association and the International Conference of Building Officials, is hereby adopted by this reference as if fully set forth, subject to the modifications and amendments set forth in TMC Chapter 16.16. One copy of said Fire Code shall be maintained on file in the office of the City Clerk for public use and inspection. W:\ Word Processing Ordinances \Fire Code.docx DT:ksn 06/02/2010 Page 1 of 6 Section 3. TMC Section 16.16.020 shall read as follows: 16.16.020 Enforcement. A. The International Fire Code shall be enforced by the Fire Prevention Bureau in the Fire Department of the City, which is operated under the supervision of the Chief of the Fire Department. B. There shall be a Fire Marshal in charge of the Fire Prevention Bureau who shall be appointed by the Chief of the Fire Department on the basis of an examination to determine his qualifications. Section 4. TMC Section 16.16.030 shall read as follows: 16.16.030 Definitions. A. Wherever the word "jurisdiction" is used in the International Fire Code, it means the area within the city limits of the City of Tukwila, Washington. B. Wherever the words "Fire Code Official" are used in the International Fire Code, they mean the Fire Marshal in charge of fire prevention. Section 5. TMC Section 16.16.040 shall read as follows: 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. The storage of flammable or combustible liquids in outside aboveground storage tanks is prohibited within the City, except as conditioned below: 1. Aboveground storage tanks shall meet the requirements of Chapter 34 of the International Fire Code. 2. Tanks containing Class I, II or III -A Liquids shall not exceed 12,000 gallons individual or 24,000 gallons aggregate. 3. Installation of aboveground tanks shall be subject to berming and screening as required by the Public Works and Planning Departments respectively. 4. Installation of aboveground tanks shall be limited to MIC, LI or CLI zones. Section 6. TMC Section 16.16.050 shall read as follows: 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in Chapter 38, Section 3804.2 of the International Fire Code, in which storage of liquefied petroleum gas is restricted, shall apply throughout the City. NFPA 58 shall be used as the installation guide for all propane systems. Section 7. TMC Section 16.16.060 shall read as follows: 16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred to in Chapter 33, Section 3304 of the International Fire Code, in which storage of explosives and blasting agents is prohibited, shall apply throughout the City. Section 8. TMC Section 16.16.070 shall read as follows: 16.16.070 Amendments to the International Fire Code. A. Portable fire extinguishers shall be installed in all occupancies. No exceptions will be allowed. B. Adeouate eround ladder access shall be provided to all rescue windows above the first story. Landscape a flat, 12 -foot deep by 4 -foot wide area below each reouired rescue window. BC.Section 503 of the International Fire Code (2003 2009 edition) adopted by this chapter is hereby amended to read as follows: Section 503.2 1. General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. 2. Definitions. The following definitions shall apply in the interpretation and enforcement of this section: a. "Fire apparatus access road(s)" means that area within any public right -of -way, easement, or private property designated for the purpose of permitting fire trucks and other firefighting or emergency equipment to use, travel upon and park. W:\ Word Processing Ordinances \Fire Code.docx DT:ksn 06 /02/2010 Page 2 of 6 b. "Park," "parking," "stop," "stand" or "standing" means the halting of a vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or fire official or traffic signal or sign. c. "Vehicle" means a machine propelled by power, other than human power, designed to travel along the ground or rail, by the use of wheels, treads, runners or slides, and shall include, without limitation, truck, automobile, trailer, motorcycle, tractor, buggy, wagon and locomotive. 3. Requirements Standards. a. When required by the Fire Department, hard surfaced fire apparatus access road(s) shall be provided around facilities which, by their size, location, design or contents warrant access which exceeds that normally provided by the proximity of city streets. b. Fire apparatus access road(s) shall be required when any portion of an exterior wall of the first story is located more than 150 feet from Fire Department vehicle access. 4. Surface. Fire apparatus access road(s) shall be either asphalt or reinforced concrete, a minimum two inches thick, or when specifically authorized by the Fire Department, compacted crushed rock or other alternate surfaces may be used. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus. 5. Width. The minimum unobstructed width of a fire apparatus access road shall not be less than 20 feet. 6. Aerial Apparatus Access Roads. Aerial apparatus access roads shall not be less than 26 feet in width. 7. Vertical clearance. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Exceptions: a. When conditions prevent the installation of an approved fire apparatus access road, the Fire Marshal may permit the installation of a fire protection system or systems in lieu of a road. b. When there are not more than two Group R, Division 3 or Group U occupancies, the requirements of this section may be modified, provided that in the opinion of the Fire Marshal, firefighting or rescue operations would not be impaired. c. Clearances or widths required by this section may be increased, when in the opinion of the Fire Marshal, clearances or widths are not adequate to provide fire apparatus access. 8. Turning Radius. The turning radius of a fire apparatus access road shall be approved by the Fire Marshal. 9. Turnarounds. All dead -end apparatus access roads in excess of 150 feet shall be provided with approved provisions for the turning around of fire apparatus. 10. Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the International Building Code or other regulations adopted by the City and shall use designed live loading sufficient to carry the imposed loads of fire apparatus. 11. Grade. The gradient for a fire apparatus access road shall not exceed 15% with a cross slope no greater than 5 12. Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 13. Signs. a. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. b. Fire apparatus access roads shall be identified by painting the curb yellow and a 4 -inch -wide line and block letters 18 inches high, painted in the lane, at 50 -foot intervals, stating, "FIRE LANE NO PARKING," color to be bright yellow, or by the posting of signs W: \Word Processing\ Ordinances \Fire Code.docx DT:ksn 06 /02/2010 Page 3 of 6 stating, "FIRE LANE NO PARKING," and painting the curb. Signs shall be posted on or immediately next to the curb line or on the building. Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting color, readily readable from at least a 50 -foot distance. Signs shall be spaced not further than 50 feet apart, nor shall they be more than four feet from the ground. c. Residential fire apparatus access roads shall be marked with signs described in (b) above; no striping or painting shall be required. 14. Parking Prohibited. Except when necessary to avoid conflict with other traffic, or in compliance with the direction of a police or fire official, or traffic control sign, signal or device, no person shall stop, stand or park a vehicle, whether occupied or not at any place where official fire lane signs are posted, except: a. Momentarily to pick up or discharge a passenger or passengers, or b. Temporarily for the purpose of and while actually engaged in loading property. 15. Fire Apparatus Road(s) as part of Driveways and/or Parking Areas. The Fire Department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in TMC Section 16.16.070C.13.b or TMC Section 16.16.070C.13.c. 16. Existing Buildings. When the Fire Department determines that a hazard, due to inaccessibility of fire apparatus, exists around existing buildings, they may require fire apparatus access road(s) to be constructed and maintained. 17. Enforcement. It shall be the duty of the Tukwila Fire Marshal and /or the authorized designee(s) to enforce Subsection 503.2. 18. Violation Penalty. Any person violating any of the provisions of Section 503.2 shall be guilty of a misdemeanor, and upon conviction, shall result in a fine of not more than $75.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Section 9. TMC Section 16.16.080 shall read as follows: 16.16.080 Fees. A. Permit Fees: A fee of $100.00 shall be charged for each permit required by the International Fire Code. B. Plan review fees for alternative fire protection systems are as follows: Commercial: For 1 -5 devices /heads: Base fee $100.00 Commercial: For 6 or more devices /heads: Base fee $200.00 $1.50 ver device /head in excess of 10 Resubmittal: Fee $200.00 BC. Re- inspection Fees: 1. Re- inspection Fees for New Construction and Tenant Improvements. When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.008000 will be assessed. 2. Re- inspection Fees for Company Level Inspections. A re- inspection fee of $60.00 will be assessed when, on the follow -up inspection 30 days after the initial company level inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $85.00 will be assessed when, on a second follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of $110.00 will be assessed when, on a third follow -up inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $135.00 will be assessed when, on a fourth and subsequent follow -up inspections, the inspector finds that the violations have not been corrected. 3. Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. GD. Penalties: The following penalties shall apply to these violations of the Fire Code: W:\ Word Processing\ Ordinances\ Fire Code.docx DT:ksn 06/02/2010 Page 4 of 6 IFC Section 109.2.2 111.1 111.4 109.2.4 503.42 609.3.3 901.6.1 901.7 904.11.6 1003.6 TMC Section 16.40.110 Offense Non compliance with orders and notices Unlawful continuance of a hazard Non compliance with a Stop Work Order Unlawful removal of a tag Illegal parking on fire apparatus access roads Failure to: Clean commercial kitchen hoods Failure to: Maintain fire protection systems Failure to: Conduct a reauired fire watch Failure to: Maintain commercial cooking extinguishing systems Failure to: Maintain means of egress continuity Failure to: Provide required UL central station monitoring Bail $5,000.00 $5,000.00 $5,000.00 $5,000.00 $10075.00 $500.00 $500.00 $500.00 $500.00 $250.00 $500.00 DE.Other Violations: Bail for all other violations is $150.0075.00 plus court costs. Fines are forfeitable on the first offense and mandatory appearance is required on second offense. EF. False Alarms: 1. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. False alarms, in excess of two per year, shall be fined under the following schedule: a. First false alarm no fine, warning b. Second false alarm no fine, warning c. Third false alarm $25.00 fine d. Fourth and subsequent false alarms $50.00 fine 2. The number of false alarms shall be calculated by calendar year beginning January 1 and ending December 31. Section 10. TMC Section 16.16.085 shall read as follows: 16.16.085 Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. Section 11. TMC Section 16.16.090 shall read as follows: 16.16.090 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 12. TMC Section 16.16.100 shall read as follows: 16.16.100 New Materials, Processes or Occupancies which may Require Permits. The Planning Director, the Fire Chief and the Fire Marshal of the Fire Prevention Bureau shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials processes or occupancies for which permits are required, in addition to those now encumbered in said code. The Fire Marshal of the Fire Prevention Bureau shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 13. TMC Section 16.16.110 shall read as follows: 16.16.110 Violations Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.16, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to W:\ Word Processing Ordinances \Fire Code.docx DT:ksn 06/02/2010 Page 5 of 6 continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. Section 14. TMC Section 16.16.120 shall read as follows: 16.16.120 Conflicts with Existing Codes and Ordinances. Whenever any provision of the International Fire Code or Appendices adopted by this ordinance conflicts with any provision of any other adopted code or ordinance of the City, the provision providing the greater or most effective protection shall govern. Section 15. Repealer. Ordinance Nos. 2047, 2129 and 2166 are hereby repealed. Section 16. 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 17. 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 July 1, 2010, 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Ordinances \Fire Code.docx DT:ksn 06/02/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 6 of 6 SECTION 4602 DEFINITIONS 4602.1 Definition. The following word and term shall, for the 1 purpose of this chapter and as used elsewhere in this code, have the meaning shown herein. EXISTING. Buildings, facilities or conditions that are already in existence, constructed or officially authorized prior to the adoption of this code. CHAPTER 46 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SECTION 4601 GENERAL 9601.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code. 4601.2 Intent. The intent of this chapter is to provide a mini- mum degree of fire and life safety to persons occupying exist- ing buildings by providing for alterations to such buildings that do not comply with the minimum requirements of the Interna- tional Building Code. 4601.3 Permits. Permits shall be required as set forth in Sec- tion 105.7 and the International Building Codeand this code. 4601.4 Owner notification. Where a building is found to be in noncompliance, the fire code official shall duly notify the owner of the building. Upon receipt of such notice, the owner shall, subject to the following time limits, take necessary actions to comply with the provisions of this chapter. 4601.4.1 Construction documents. Construction docu- ments for the necessary alterations shall be completed within a time schedule approved by the fire code official. 4601.4.2 Completion of work. Work on the required alter- ations to the building shall be completed within a time schedule approved by the fire code official. 4601.4.3 Extension of time. The fire code official is autho- rized to grant necessary extensions of time when it can be shown that the specified time periods are not physically practical or pose an undue hardship. The granting of an extension of time for compliance shall be based on the showing of good cause and subject to the filing of an accept- able systematic plan of correction with the fire code official. SECTION 4603 FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS 4603.1 Required construction. Existing buildings shall com- ply with not less than the minimum provisions specified in Table 4603.1 and as further enumerated in Sections 4603.2 through 4603.7.3. The provisions of this chapter shall not be construed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accor- dance with previously adopted codes. Exception: Group U occupancies. 4603.2 Elevator operation. Existing elevators with a travel distance of 25 feet (7620 mm) or more above or below the main floor or other level of a building and intended to serve the needs of emergency personnel for fire- fighting or rescue purposes shall be provided with emergency operation in accordance with ASME A17.3. 4603.3 Vertical openings. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building, shall be enclosed or protected as specified in Sections 4603.3.1 through 4603.3.7. 4603.3.1 Group I occupancies. In Group I occupancies, interior vertical openings connecting two or more stories shall be protected with 1 -hour fire- resistance -rated con- struction. 4603.3.2 Three to five stories. In other than Group I occu- pancies, interior vertical openings connecting three to five stories shall be protected by either 1 -hour fire- resis- tance -rated construction or an automatic sprinkler system shall be installed throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2. Exceptions: 1. Vertical opening protection is not required for Group R -3 occupancies. 2. Vertical opening protection is not required for open parking garages and ramps. 3. Vertical opening protection is not required for escalators. 4603.3.3 More than five stories. In other than Group I occupancies, interior vertical openings connecting more than five stories shall be protected by 1 -hour fire- resis- tance -rated construction. Exceptions: 1. Vertical opening protection is not required for Group R -3 occupancies. 2. Vertical opening protection is not required for open parking garages and ramps. 3. Vertical opening protection is not required for escalators. 2009 INTERNATIONAL FIRE CODE® 403 0 USE Under- 1 High Atrium and ground SECTION rise covered building A B E F H-1 H-2 wx H-4 1-1 1-2 1-3 46032 R R R R R D R R R D D R R R 460�1 R R I 403.3.2 R R R R R R R 4603�.3 R R R R R R R 4603.3.4 4603.5 R 4003�.6 R R R R 4603.3.7 R R D R 9603.4 R 4603.5 R R R R B D *003.6.1 4603.6.2 4603.6.3 4603.0.4 4603,6.5 *503.6.0 4603.6.7 4603.7 4604.4 R R The building is required to comply. TABLE 4603.1 OCCUPANCY AND USE REQUIREMENTS R R R R R R R R R R R R R R R R R R R R R R R —B R D R R R B 8 R R OCCUPANCY CLASSIFICATION R R R R D D|8 R |8 R D!B D D R R R _R R R R R R R DIRi R R R R B R R R R R R R R R D R F 1-4 M m R-2 R-3 R D|B R R D B R R R R R R R R R R R R R R R 4603.3.4 Atriums and covered malls. In other than Group I occupancies, interior vertical openings in a covered mall building or a building with an atrium shall be protected by either 1 -hour fire- resistance -rated construction or an auto- matic sprinkler system shall be installed throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2. Exceptions: 1. Vertical opening protection is not required for Group R -3 occupancies. 2. Vertical opening protection is not required for open parking garages and ramps. 4603.3.5 Escalators in Group B and M occupancies. Escalators creating vertical openings connecting any num- ber of stories shall be protected by either 1 -hour fire- resis- tance -rated construction or an automatic fire sprinkler system in accordance with Section 903.3.1.1 installed throughout the building, with a draft curtain and closely spaced sprinklers around the escalator opening. 4603.3.6 Escalators connecting four or fewer stories. In other than Group B and M occupancies, escalators creating vertical openings connecting four or fewer stories shall be protected by either 1 -hour fire- resistance -rated construction or an automaticsprinklersystem accordance with Section 903.3.1.1 or 903.3.1.2 shall be installed throughout the building, and a draft curtain with closely spaced sprinklers shall be installed around the escalator opening. 4603.3.7 Escalators connecting more than four stories. In other than Group B and M occupancies, escalators creat- ing vertical openings connecting five or more stories shall be protected by 1 -hour fire- resistance -rated construction. 4603.4 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Sec- tions 4603.4.1 and 4603.4.2. 4603.4.1 Pyroxylin plastics. An automatic sprinkler sys- tem shall be provided throughout existing buildings where cellulose nitrate film or pyroxylin plastics are manufac- tured, stored or handled in quantities exceeding 100 pounds (45 kg). Vaults located within buildings for the storage of raw pyroxylin shall be protected with an approved auto- matic sprinkler system capable of discharging 1.66 gallons per minute per square foot (68 L /min /m over the area of the vault. 4603.4.2 Group I -2. An automatic sprinkler systemshall be provided throughout existing Group 1 -2 fire areas. The sprinkler system shall be provided throughout the floor where the Group I -2 occupancy is located, and in all floors between the Group I -2 occupancy and the level of exit dis- charge. 4603.5 Standpipes. Existing structures with occupied floors located more than 50 feet (15 240 mm) above or below the low- est level of fire department vehicle access shall be equipped with standpipes installed in accordance with Section 905. The standpipes shall have an approved fire department connection with hose connections at each floor level above or below the lowest level of fire department' access. The fire code official is authorized to approve the installation of manual standpipe sys- CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS tems to achieve compliance with this section where the responding fire department is capable of providing the required hose flow at the highest standpipe outlet. 4603.6 Fire alarm systems. An approved fire alarm system shall be installed in existing buildings and structures in accor- dance with Sections 4603.6.1 through 4603.6.7 and provide occupant notification in accordance with Section 907.6 unless other requirements are provided by other sections of this code. Exception: Occupancies with an existing, previously approved fire alarm system. 4603.6.1 Group E. A fire alarm system shall be installed in existing Group E occupancies in accordance with Section 907.2.3. Exceptions: 1. A manual fire alarm system is not required in a building with a maximum area of 1,000 square feet (93 m that contains a single classroom and is located no closer than 50 feet (15 240 mm) from another building. 2. A manual fire alarm system is not required in Group E occupancies with an occupant load less than 50. 4603.6.2 Group I -1. An automatic fire alarm system shall be installed in existing Group I -1 residential care /assisted living facilities in accordance with Section 907.2.6.1. Exceptions: 1. Manual fire alarm boxes in resident or patient sleeping areas shall not be required at exits if located at all nurses' control stations or other con- stantly attended staff locations, provided such sta- tions are visible and continuously accessible and that travel distances required in Section 907.5.2 are not exceeded. 2. Where each sleeping room has a means of egress door opening directly to an exterior egress balcony that leads directly to the exits in accordance with Section 1019, and the building is not more than three stories in height. 4603.6.3 Group I -2. An automatic fire alarm system shall be installed in existing Group I -2 occupancies in accordance with Section 907.2.6.2. Exception: Manual fire alarm boxes in resident or patient sleeping areas shall not be required at exits if located at all nurses' control stations or other constantly attended staff locations, provided such stations are visi- ble and continuously accessible and that travel distances required in Section 907.5.2.1 are not exceeded. 4603.6.4 Group I -3. An automatic and manual fire alarm system shall be installed in existing Group I -3 occupancies in accordance with Section 907.2.6.3. 4603.6.5 Group R -1. A fire alarm system and smoke alarms shall be installed in existing Group R -1 occupancies in accordance with Sections 4603.6.5.1 through 4603.6.5.2.1. 2009 INTERNATIONAL FIRE CODE 405 1 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 4603.6.5.1 Group R -1 hotel and motel manual fire alarm system. A manual fire alarm system that activates the occupant notification system in accordance with Sec- tion 907.6 shall be installed in existing Group R -1 hotels and motels more than three stories or with more than 20 sleeping units. Exceptions: 1. Buildings less than two stories in height where all sleeping units, attics and crawl spaces are separated by 1 -hour fire- resistance -rated con- struction and each sleeping unit has direct access to a public way, exit court or yard. 2. Manual fire alarm boxes are not required throughout the building when the following conditions are met: 2.1. The building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2; 2.2. The notification appliances will acti- vate upon sprinkler water flow; and 2.3. At least one manual fire alarm box is installed at an approved location. 4603.6.5.1.1 Group R -1 hotel and motel automatic smoke detection system. An automatic smoke detec- tion system that activates the occupant notification sys- tem in accordance with Section 907.6 shall be installed in existing Group R -1 hotels and motels throughout all interior corridors serving sleeping rooms not equipped with an approved, supervised sprinkler system installed in accordance with Section 903. Exception: An automatic smoke detection system is not required in buildings that do not have interior corridors serving sleeping units and where each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that leads directly to an exit. 4603.6.5.2 Group R -1 boarding and rooming houses manual fire alarm system. A manual fire alarm system that activates the occupant notification system in accor- dance with Section 907.6 shall be installed in existing Group R -1 boarding and rooming houses. Exception: Buildings less than two stories in height where all sleeping units, attics and crawl spaces are separated by 1 -hour fire- resistance -rated construc- tion and each sleeping unit has direct access to a pub- lic way, exit court or yard. 4603.6.5.2.1 Group R -1 boarding and rooming houses automatic smoke detection system. An automatic smoke detection system that activates the occupant notification system in accordance with Sec- tion 907.6 shall be installed in existing Group R -1 boarding and rooming houses throughout all interior corridors serving sleeping units not equipped with an approved, supervised sprinkler system installed in accordance with Section 903. Exception: Buildings equipped with single -sta- tion smoke alarms meeting or exceeding the requirements of Section 907.2.10.1 and where the fire alarm system includes at least one manual fire alarm box per floor arranged to initiate the alarm. 4603.6.6 Group R -2. An automatic or manual fire alarm system that activates the occupant notification system in accordance with Section 907.6 shall be installed in existing Group R -2 occupancies more than three stories in height or with more than 16 dwelling or sleeping units. Exceptions: 1. Where each living unit is separated from other contiguous living units by fire barriers having a fire resistance rating of not less than 0.75 hour, and where each living unit has either its own inde- pendent exit or its own independent stairway or ramp discharging at grade. 2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants. 3. A fire alarm system is not required in buildings that do not have interior corridors serving dwell- ing units and are protected by an approved auto- matic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open -ended corridors designed in accordance with Section 1023.6, Exception 4. 4603.6.7 Group R -4. An automatic or manual fire alarm system that activates the occupant notification system in accordance with Section 907.6 shall be installed in existing Group R -4 residential care /assisted living facilities in accor- dance with Section 907.2.10. Exceptions: 1. Where there are interconnected smoke alarms meeting the requirements of Section 907.2.11 and there is at least one manual fire alarm box per floor arranged to continuously sound the smoke alarms. 2. Other manually activated, continuously sounding alarms approved by the fire code official. 4603.7 Single- and multiple- station smoke alarms. Single and multiple- station smoke alarms shall be installed in existing Group R occupancies and in dwellings not classified as Group R occupancies in accordance with Sections 4603.7.1 through 4603.7.3. 4603.7.1 Where required. Existing Group R occupancies and dwellings not classified as Group R occupancies not 406 2009 INTERNATIONAL FIRE CODE® already provided with single- station smoke alarms shall be provided with single- station smoke alarms. Installation shall be in accordance with Section 907.2.10, except as pro- vided in Sections 4603.7.2 and 4603.7.3. 9603.7.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwell- ing or sleeping unit, the smoke alarms shall be intercon- nected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or con- struction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. 4603.7.3 Power source. Single- station smoke alarms shall receive their primary power from the building wiring pro- vided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical sys- tem. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construc- tion is taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterationsor repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or base mentavailable which could provide access for build- ing wiring without the removal of interior finishes. SECTION 4604 MEANS OF EGRESS FOR EXISTING BUILDINGS 4604.1 General. Means of egress in existing buildings shall comply with the minimum egress requirements when specified in Table 4603.1 as further enumerated in Sections 4604.2 through 4604.21, and the building code that applied at the time of construction. Where the provisions conflict, the most CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS restrictive provision shall apply. Existing buildings that were not required to comply with a building code at the time of con- struction shall comply with the minimum egress requirements when specified in Table 4603.1 as further enumerated in Sec- tions 4604.2 through 4604.21 and, in addition, shall have a life safety evaluation prepared, consistent with the requirements of Section 104.7.2. The life safety evaluation shall identify any changes to the means of egress that are necessary to provide safe egress to occupants and shall be subject to review and approval by the fire code official. The building shall be modi- fied to comply with the recommendations set forth in the approved evaluation. 4604.2 Elevators, escalators and moving walks. Elevators, escalators and moving walks shall not be used as a component of a required means of egress. Exceptions: 1. Elevators used as an accessible means of egress where allowed by Section 1007.4. 2. Previously approved escalators and moving walks in existing buildings. 4604.3 Exit sign illumination. Exitsigns shall be internally or externally illuminated. The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 foot candles (54 lux). Internally illuminated signs shall pro- vide equivalent luminance and be listed for the purpose. Exception: Approved self luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot lamberts (0.21 cd /m 4604.4 Power source. Where emergency illumination is required in Section 4604.5, exit signs shall be visible under emergency illumination conditions. Exception: Approved signs that provide continuous illu- mination independent of external power sources are not required to be connected to an emergency electrical sys- tem. 4604.5 Illumination emergency power. The power supply for means of egress illumination shall normally be provided by the premises' electrical supply. In the event of power sup- ply failure, illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress: 1. Group A having 50 or more occupants. Exception: Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300. 2. Group B buildings three or more stories in height, build- ings with 100 or more occupants above or below a level of exit discharge serving the occupants or buildings with 1,000 or more total occupants. 3. Group E in interior stairs, corridors, windowless areas with student occupancy, shops and laboratories. 2009 INTERNATIONAL FIRE CODE 407 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 4. Group F having more than 100 occupants. Exception: Buildings used only during daylight hours which are provided with windows for natural light in accordance with the International Building Code. 5. Group I. 6. Group M. Exception: Buildings less than 3,000 square feet (279 m in gross sales area on one story only, exclud- ing mezzanines. 7. Group R -1. Exception: Where each sleeping unit has direct access to the outside of the building at grade. 8. Group R -2. Exception: Where each dwelling unit or sleeping unit has direct access to the outside of the building at grade. 9. Group R -4. Exception: Where each sleeping unit has direct access to the outside of the building at ground level. 4604.5.1 Emergency power duration and installation. In other than Group I -2, the emergency power system shall provide power for not less than 60 minutes and consist of storage batteries, unit equipment or an on -site generator. In Group I -2, the emergency power system shall provide power for not less than 90 minutes and consist of storage batteries, unit equipment or an on -site generator. The instal- lation of the emergency power system shall be in accor- dance with Section 604. 4604.6 Guards. Guards complying with this section shall be provided at the open sides of means ofegress are more than 30 inches (762 mm) above the floor or grade below. 4604.6.1 Height of guards. Guards shall form a protective barrier not less than 42 inches (1067 mm) high. Exceptions: 1. Existing guards on the open side of stairs shall be not less than 30 inches (760 mm) high. 2. Existing guards within dwelling units shall be not less than 36 inches (910 mm) high. 3. Existing guards in assembly seating areas. 4604.6.2 Opening limitations. Open guards shall have bal- usters or ornamental patterns such that a 6- inch diameter TABLE 4604.7 EGRESS WIDTH PER OCCUPANT SERVED WITHOUT SPRINKLER SYSTEM Stairways I Other egress components (inches per occupant) j (inches per occupant) OCCUPANCY Occupancies other than those listed below Hazardous: H -1, H -2, H -3 and H -4 I Institutional: 1-2 For SI: 1 inch 25.9 mm. a. Buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. 0.3 Not permitted Not permitted (152 mm) sphere cannot pass through any opening up to a height of 34 inches (864 mm). Exceptions: 1. At elevated walking surfaces for access to, and use of, electrical, mechanical or plumbing systems or equipment, guards shall have balusters or be of solid materials such that a sphere with a diameter of 21 inches (533 mm) cannot pass through any opening. 2. In occupancies in Group I -3, F, H or S, the clear distance between intermediate rails measured at right angles to the rails shall not exceed 21 inches (533 mm). 3. Approved existing open guards. 4604.7 Minimum required egress width. The means of egress width shall not be less than as required by the code under which constructed but not less than as required by this section. The total width of means of egress in inches (mm) shall not be less than the total occupant load served by the means of egress multiplied by the factors in Table 4604.7 and not less than specified elsewhere in this section. Multiple means of egress shall be sized such that the loss of any one means of egress shall not reduce the available capacity to less than 50 percent of the required capacity. The maximum capacity required from any story of a building shall be maintained to the termination of the means of egress. 4604.8 Size of doors. The minimum width of each door open- ing shall be sufficient for the occupant load thereof and shall provide a clear width of not less than 28 inches (711 mm). Where this section requires a minimum clear width of 28 inches (711 mm) and a door opening includes two door leaves without a mullion, one leaf shall provide a clear opening width of 28 inches (711 mm). The maximum width of a swinging door leaf shall be 48 inches (1219 mm) nominal. Means of egress doors in an occupancy in Group I -2 used for the move- ment of beds shall provide a clear width not less than 41.5 inches (1054 mm). The height of doors shall not be less than 80 inches (2032 mm). Exceptions: 1. The minimum and maximum width shall not apply to door openings that are not part of the required means of egress in occupancies in Groups R -2 and R -3. 2. Door openings to storage closets less than 10 square feet (0.93 m in area shall not be limited by the mini- mum width. WITH SPRINKLER SYSTEM' Stairways Other egress components (inches per occupant) (inches per occupant) 0.2 0.2 0.15 Not permitted Not permitted 0.3 0.2 0.3 0.2 408 2009 INTERNATIONAL FIRE CODE® 1 1 1 3. Width of door leafs in revolving doors that comply with Section 1008.1.4.1 shall not be limited. 4. Door openings within a dwelling unit shall not be less than 78 inches (1981 mm) in height. 5. Exterior door openings in dwelling units, other than the required exit door, shall not be less than 76 inches (1930 mm) in height. 6. Exit access doors serving a room not larger than 70 square feet (6.5 m shall be not less than 24 inches (610 mm) in door width. 4604.9 Opening force for doors. The opening force for inte- rior side swinging doors without closers shall not exceed a 5 -pound (22 N) force. For other side swinging, sliding and folding doors, the door latch shall release when subjected to a force of not more than 15 pounds (66 N). The door shall be set motion when subjected to a force not exceeding 30 pounds (133 N). The door shall swing to a full -open position when sub- jected to a force of not more than 50 pounds (222 N). Forces shall be applied to the latch side. 4604.10 Revolving doors. Revolving doors shall comply with the following: 1. A revolving door shall not be located within 10 feet (3048 mm) of the foot or top of stairs or escalators. A dis- persal area shall be provided between the stairs or escala- tors and the revolving doors. 2. The revolutions per minute for a revolving door shall not exceed those shown in Table 4604.10. 3. Each revolving door shall have a conforming side hinged swinging door in the same wall as the revolving door and within 10 feet (3048 mm). Exceptions: 1. A revolving door is permitted to be used with- out an adjacent swinging door for street -floor elevator lobbies provided a stairway, escalator or door from other parts of the building does not discharge through the lobby and the lobby does not have any occupancy or use other than as a means of travel between elevators and a street. 2. Existing revolving doors where the number of revolving doors does not exceed the number of swinging doors within 20 feet (6096 mm). 4604.10.1 Egress component. A revolving door used as a component of a means of egress shall comply with Section 4604.10 and all of the following conditions: 1. Revolving doors shall not be given credit for more than 50 percent of the required egress capacity. 2. Each revolving door shall be credited with not more than a 50- person capacity. 3. Revolving doors shall be capable of being collapsed when a force of not more than 130 pounds (578 N) is applied within 3 inches (76 mm) of the outer edge of a wing. CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS INSIDE DIAMETER 6' 6" 7 0" 7 6" 8' 0" 8' 6" 9' 0" 9' 6" 10' 0" TABLE 4604.10 REVOLVING DOOR SPEEDS For SI: 1 inch 25.4 mm, 1 foot 304.8 mm. POWER DRIVEN -TYPE MANUAL -TYPE SPEED SPEED CONTROL(RPM) CONTROL (RPM) 11 10 9 9 8 8 7 7 12 11 11 10 9 9 8 8 4604.11 Stair dimensions for existing stairs. Existing stairs in buildings shall be permitted to remain if the rise does not exceed 8 inches (210 mm) and the run is not less than 9 inches (229 mm). Existing stairs can be rebuilt. Exception: Other stairs approved by the fire code official. 4604.11.1 Dimensions for replacement stairs. The replacement of an existing stairway in a structure shall not be required to comply with the new stairway requirements of Section 1009 where the existing space and construction will not allow a reduction in pitch or slope. 4604.12 Winders. Existing winders shall be allowed to remain in use if they have a minimum tread depth of 6 inches (152 mm) and a minimum tread depth of 9 inches (229 mm) at a point 12 inches (305 mm) from the narrowest edge. 4604.13 Circular stairways. Existing circular stairs shall be allowed to continue in use provided the minimum depth of tread is 10 inches (254 mm) and the smallest radius shall not be less than twice the width of the stairway. 4604.14 Stairway handrails. Stairways shall have handrails on at least one side. Handrails shall be located so that all por- tions of the stairway width required for egress capacity are within 44 inches (1118 mm) of a handrail. Exception: Aisle stairs provided with a center handrail are not required to have additional handrails. 4604.1.4.1 Height. Handrail height, measured above stair tread nosings, shall be uniform, not less than 30 inches (762 mm) and not more than 42 inches (1067 mm). 4604.15 Slope of ramps. Ramp runs utilized as part of a means of egress shall have a running slope not steeper than one unit vertical in 10 units horizontal (10- percent slope). The slope of other ramps shall not be steeper than one unit vertical in eight units horizontal (12.5- percent slope). 4604.16 Width of ramps. Existing ramps are permitted to have a minimum width of 30 inches (762 mm) but not less than the width required for the number of occupants served as deter- mined by Section 1005.1. 2009 INTERNATIONAL FIRE CODE 409 1 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 9604.17 Fire escape stairs. Fire escape stairs shall comply with Sections 4604.17.1 through 4604.17.7. 4604.17.1 Existing means of egress. Fire escape stairs shall be permitted in existing buildings but shall not consti- tute more than 50 percent of the required exit capacity. 4604.17.2 Protection of openings. Openings within 10 feet (3048 mm) of fire escape stairs shall be protected by fire door assemblies having a minimum 3 4 -hour fire- resistance rating. Exception: In buildings equipped throughout with an approved automatic sprinkler system, opening protec- tion is not required. 9604.17.3 Dimensions. Fire escape stairs shall meet the minimum width, capacity, riser height and tread depth as specified in Section 4604.11. 4604.17.4 Access. Access to a fire escape from a corridor shall not be through an intervening room. Access to a fire escape stair shall be from a door or window meeting the cri- teria of Section 1005.1. Access to a fire escape stair shall be directly to a balcony, landing or platform. These shall be no higher than the floor or window sill level and no lower than 8 inches (203 mm) below the floor level or 18 inches (457 mm) below the window sill. 4609.17.5 Materials and strength. Components of fire escape stairs shall be constructed of noncombustible materi- als. Fire escape stairs and balconies shall support the dead load plus a live load of not less than 100 pounds per square foot (4.78 kN /m Fire escape stairs and balconies shall be provided with a top and intermediate handrail on each side. The fire code official is authorized to require testing or other satisfactory evidence that an existing fire escape stair meets the requirements of this section. 4604.17.6 Termination. The lowest balcony shall not be more than 18 feet (5486 mm) from the ground. Fire escape stairs shall extend to the ground or be provided with coun- terbalanced stairs reaching the ground. Exception: For fire escape stairs serving 10 or fewer occupants, an approved fire escape ladder is allowed to serve as the termination. 9604.17.7 Maintenance. Fire escapes shall be kept clear and unobstructed at all times and shall be maintained in good working order. 9604.18 Corridors. Corridors serving an occupant load greater than 30 and the openings therein shall provide an effec- tive barrier to resist the movement of smoke. Transoms, lou- vers, doors and other openings shall be kept closed or self closing. Exceptions: 1. Corridors in occupancies other than in Group H, which are equipped throughout with an approved automatic sprinkler system. 2. Patient room doors in corridors in occupancies in Group I -2 where smoke barriers are provided in accordance with the International Building Code. 3. Corridors in occupancies in Group E where each room utilized for instruction or assembly has at least one -half of the required means of egress doors open- ing directly to the exterior of the building at ground level. 4. Corridors that are in accordance with the Interna- tional Building Code. 4604.18.1 Corridor openings. Openings in corridorwalls shall comply with the requirements of the International Building Code. Exceptions: 1. Where 20- minute fire door assemblies are required, solid wood doors at least 1.75 inches (44 mm) thick or insulated steel doors are allowed. 2. Openings protected with fixed wire glass set in steel frames. 3. Openings covered with 0.5 -inch (12.7 mm) gyp- sum wallboard or 0.75 -inch (19.1 mm) plywood on the room side. 4. Opening protection is not required when the build- ing is equipped throughout with an approved auto- matic sprinkler system. 4604.18.2 Dead ends. Where more than one exit or exit access doorway is required, the exitaccessshall be arranged such that dead ends do not exceed the limits specified in Table 4604.18.2. Exception: A dead -end passageway or corridor shall not be limited in length where the length of the dead -end passageway or corridor is less than 2.5 times the least width of the dead -end passageway or corridor. 4604.18.3 Exit access travel distance. Exits shall be located so that the maximum length of exit access travel, measured from the most remote point to an approved exit along the natural and unobstructed path of egress travel, does not exceed the distances given in Table 4604.18.2. 4609.18.4 Common path of egress travel. The common path of egress travel shall not exceed the distances given in Table 4604.18.2. 4604.19 Stairway discharge identification. A stairway in an exit enclosure which continues below its level of exit discharge shall be arranged and marked to make the direction of egress to a public way readily identifiable. Exception: Stairs that continue one -half story beyond their levels of exit discharge need not be provided with barriers where the exit discharge is obvious. 4604.20 Exterior stairway protection. Exterior exit stairs shall be separated from the interior of the building as required in Section 1026.6. Openings shall be limited to those necessary for egress from normally occupied spaces. Exceptions: 1. Separation from the interior of the building is not required for buildings that are two stories or less 410 2009 INTERNATIONAL FIRE CODE® above grade where the level of exit discharge serving such occupancies is the first story above grade. 2. Separation from the interior of the building is not required where the exterior stairway is served by an exterior balcony that connects two remote exterior stairways or other approved exits, with a perimeter that is not less than 50 percent open. To be considered open, the opening shall be a minimum of 50 percent of the height of the enclosing wall, with the top of the opening not less than 7 feet (2134 mm) above the top of the balcony. 3. Separation from the interior of the building is not required for an exterior stairway located in a build- ing or structure that is permitted to have unenclosed interior stairwaysin accordance with Section 1022. OCCUPANCY Group A Group B Group E Group F -1, S -l Group F -2, S -2d Group H -1 Group H -2 Group H -3 Group H -4 Group H -5 Group I -1 Group 1 -2 (Health Care) Group 1 -3 (Detention and Correctional Use Conditions II, III, IV, V) Group 1 -4 (Day Care Centers) NR Group M (Covered Mall) 75 1 Group M (Mercantile) 1 75 1 Group R -1 (Hotels) 1 75 Group R -2 (Apartments)__ 1 75 Group R -3 (One- and Two- Family) 1 NR TABLE 4604.18.2 COMMON PATH, DEAD -END AND TRAVEL DISTANCE LIMITS (by occupancy) COMMON PATH LIMIT Unsprinklered Sprinklered (feet) (feet) 20/75a 20/75a 75 100 75 75 75 100 75 100 25 25 50 100 50 100 75 75 75 75 75 75 NRe NRe 100 100 NR NR NR 1 100 100 75 j 75 NR CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 4. Separation from the interior of the building is not required for exterior stairways connected to open -ended corridors, provided that: 4.1. The building, including corridors and stairs, is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2. 4.2. The open -ended corridors comply with Sec- tion 1018. Unsprinklered (feet) 20b 50 20 50 50 0 0 20 20 20 20 NR 4.3. The open -ended corridors are connected on each end to an exterior exit stairway comply- ing with Section 1026. 4.4. At any location in an open -ended corridor where a change of direction exceeding 45 de- DEAD -END LIMIT TRAVEL DISTANCE LIMIT NR NR 20 20 200 50 50 200 50 1 50 200 1 50 I 50 200 1 50 1 50 200 NR 1 NR NR NR NR Sprinklered Unsprinklered feet) (feet) 20" 200 50 I 200 50 200 50 200 50 300 0 75 0 75 20 100 20 150 20 150 50 200 NR 150 Sprinklered (feet) 250 250 250 250 400 75 100 150 175 200 250 200' 150' 200' Group R -4 (Residential Care /Assisted Living) 1 Group U 1 75 1 75 1 20 1 50 1 200 1 250 For SI: I foot 304.8 mm. a. 20 feet for common path serving 50 or more persons: 75 feet for common path serving less than 50 persons. b. See Section 1028.9.5 for dead -end aisles in Group A occupancies. c. This dimension is for the total travel distance, assuming incremental portions have fully utilized their allowable maximums. For travel distance within the room, and from the room exit access door to the exit, see the appropriate occupancy chapter. d. See the International Building Code for special requirements on spacing of doors in aircraft hangars. e. Any patient sleeping room, or any suite that includes patient sleeping rooms, of more than 1.000 square feet (93 m shall have at least two exit access doors placed a distance apart equal to not less than one -third of the length of the maximum overall diagonal dimension of the patient sleeping room or suite to be served, measured in a straight line between exit access doors. NR No requirements. NR NR 250 400 250 250 250 NR 2009 INTERNATIONAL FIRE CODE 411 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS grees occurs, a clear opening of not less than 35 square feet (3 m or an exterior stairway shall be provided. Where clear openings are provided, they shall be located so as to mini- mize the accumulation of smoke or toxic gases. 4604.21 Minimum aisle width. The minimum clear width of aisles shall be: 1. Forty -two inches (1067 mm) for aisle stairs having seat- ing on each side. Exception: Thirty -six inches (914 mm) where the aisle serves less than 50 seats. 2. Thirty -six inches (914 mm) for stepped aisles having seating on only one side. Exception: Thirty inches (760 mm) for catchment areas serving not more than 60 seats. 3. Twenty inches (508 mm) between a stepped aisle hand- rail or guard and seating when the aisle is subdivided by the handrail. 4. Forty -two inches (1067 mm) for level or ramped aisles having seating on both sides. Exception: Thirty -six inches (914 mm) where the aisle serves less than 50 seats. 5. Thirty -six inches (914 mrn) for level or ramped aisles having seating on only one side. Exception: Thirty inches (760 mm) for catchment areas serving not more than 60 seats. 6. Twenty -three inches (584 mm) between a stepped stair handrail and seating where an aisle does not serve more than five rows on one side. 4604.22 Stairway floor number signs. Existing stairs shall be marked in accordance with Section 1022.8. 9604.23 Egress path markings. Existing buildings of Groups A, B, E, I, M and R -1 having occupied floors located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access shall be provided with luminous egress path markings in accordance with Section 1024. Exception: Open, unenclosed stairwells in historic build- ings designated as historic under a state or local historic preservation program. SECTION 4605 REQUIREMENTS FOR OUTDOOR OPERATIONS 4605.1 Tire storage yards. Existing tire storage yards shall be provided with fire apparatus access roads in accordance with Sections 4605.1.1 and 4605.1.2. 4605.1.1 Access to piles. Access roadways shall be within 150 feet (45 720 mm) of any point in the storage yard where storage piles are located, at least 20 feet (6096 mm) from any storage pile. 4605.1.2 Location within piles. Fire apparatus access roads shall be located within all pile clearances identified in Section 2505.4 and within all fire breaks required in Section 2505.5. 412 2009 INTERNATIONAL. FIRE CODE® City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Jack Pace, Community Development Director DATE: June 1, 2010 SUBJECT: Proposed Land Use Fee Schedule ISSUE The Department of Community Development (DCD) has developed a revised land use fee schedule that would result in greater cost recovery for current planning review. BACKGROUND Jim Haggerton, Mayor The Council reviewed DCD's revenue enhancement proposal at the April 26, 2010 Committee of the Whole meeting. They expressed support for a hybrid fee approach that would retain fixed application fees for most routine permit types but charge a retainer and hourly fees for more complex, Tess predictable permits. They also asked that the proposed fees be compared to the average fees charged by nearby cities, see Attachment A. This chart comparing Tukwila's fees to other cities has been expanded by including Des Moines, the only other nearby city that has fixed fees, and adding additional permit types. DISCUSSION Staff has developed a and use fee schedule that would result in an expected increase in permit revenue of 80 to 120% over current levels, see Attachment B. The actual revenue generated in a given year depends on the number and type of permits that are submitted. For comparison here are the actual fees received over the past few years and the estimated amount that would have been generated under the proposed fee schedule: Estimated 2010 2009 2008 2007 Actual Permit Revenue $86,475 $86,129 $135,297 $119,944 Estimate w /New Fees $191,306 $168,246 $240,628 $246,705 Percentage Increase 121% 95% 78% 105% The new fees are based on the estimated number of hours of planner and administrative support time required to process each application. Hearing examiner charges as well as the costs for any special studies would be passed through to applicants. To be defensible permit fees should only recover costs incurred to provide review service. The average permit fee charged by nearby cities is listed in the far right column of Attachment B for comparison. INFORMATIONAL MEMO Page 2 The fee for a tree permit has been codified by ordinance as $25 since the adoption of the Tree Regulations, TMC Chapter 18.54, in 1995. While it is desirable to keep the initial application fee low to encourage compliance, tree regulation violations can require significant staff time to resolve. Staff proposes adoption of the attached ordinance, see Attachment C, to remove the fee listing from TMC 18.54.100, move it to the land use fee resolution, Attachment D, and charge hourly for complex permits such as those to mitigate illegal tree removal in environmentally sensitive areas. The updated land use fee resolution is Attachment D. Given the current budget situation, staff plans to develop the necessary procedures to start charging hourly fees by the third quarter of 2010, so the fee resolution is written to take effect July 1, 2010. The resolution lists one set of fees for the second half of 2010 and 2011 with an increase of 5% planned for 2012. RECOMMENDATION The Committee is being asked to review the fee schedule and provide comments on any changes. The Committee is being asked to forward the resolution and ordinance to the June 14, 2010 Committee of the Whole meeting and subsequent June 21, 2010 Regular meeting. ATTACHMENTS Attachment A Attachment B Attachment C Attachment D W:12010 InfoMemos \Land UseFeeMemo2.doc Comparison of City Land Use Permit Fees 2011 -2012 Land Use Fee Proposal Ordinance amending TMC 18.54 Tree Regulations Land Use Fee Resolution Comparison of City Land Use Permit Fees 2010 Tukwila Fees Average Difference Other of Other (Tukwila Decision Type LDR Zones Cities Lower) Auburn Burien Federal Way Kent Des Moines Renton SeaTac Appeal of Type 1 hearing Decision $120 $235 $342 ($107) $110 exam $287 $215 $825 $75 Boundary Line Adjustment $305 $545 $1,078 ($533) $854 $574 $1,412 $384 $3,475 $450 $400 Lot Consolidation $105 $210 $526 ($316) $500 $173 $108 $1,325 +Buildin g& Permanent Sign Permit $135 $135 $188 ($53) $100 $69 $49 Elec $162 $500 $175 $164 Temporary Sign Permit $75 $75 $68 $7 $34 $49 $81 $175 Wireless Communication Facility, Minor $265 $265 $372 ($107) $372 Administrative Design Review $540 $540 $864 ($324) $1,139 $588 Appeal of Type 2 Decision $120 $235 $382 ($147) $1,000 $288 $172 $215 $825 $75 $100 $1551 +.10 /sf Binding Site Plus for of lot Improvement Plan $1,340 $1,340 $3,345 ($2,005) $1,139 $60 /lot $5,169 minor $2,251 $685 $8,525 area $1,000 N/A Code Interpretation $120 $120 $350 ($230) $500 $200 Environmentally Sensitive Areas Deviation $260 $400 $199 $202 $259 $138 Exception from Single Family Design Standard $260 NA $336 ($76) $500 $172 Up to Varies Shoreline Substantial $13,81 $350 Development Permit $2,100 $2,685 $2,100 $585 $1,139 $1,120 $3,791 8 $1,126 $3,525 $1,000 $3,000 8000 Short Plat (2 -4 lots) $1,050 $2,100 $3,053 ($953) $1,449 $3,790 $2,251 $960 $7,625 $1,000 $4,295 Plus Short Plat (5 -9 lots) $2,100 $2,625 $3,562 ($937) $1,449 $3,790 $2,251 $3,919 $76 /lot $7,625 $1,000 $4,295 ($904 Variance $840 $1,785 $2,610 ($825) $575 $3,791 $3,665forres) $2,213 $5,525 $500 $2,000 Appeal of Type 4 transcri Decision $115 $225 $425 ($200) N/A $288 $172 $215 $1,375 pt $75 N/A H:1Budget \Fee comparison.xls 2 05/11/2010 Decision Type Conditional Use Permit Shoreline Conditional Use Permit Public Hearing Design Review Parking Variance, Modification or Waiver Reasonable Use Exception Subdivision Preliminary Plat(10+ lots) Wireless Communication Facility, Major or Height Waiver Comprehensive Plan Amendment Planned Residential Development Rezone (Map Change) or Zoning Code Text Amendment Subdivision Final Plat (10+ lots) Unclassified Use Permit Preapplication Meeting SEPA Checklist SEPA EIS Administrative Fee Shoreline Permit Exemption Letter Zoning Verification Letter 2010 Tukwila Fees Average Difference Other of Other (Tukwila LDR Zones Cities Lower) $2,685 $2,685 $2,685 $2,685 $1,875 $2,855 $3,026 ($171) N/A $4,767 $260 $400 $436 ($36) $500 $840 $1,330 $2,588 ($1,258) $1,000 $2,240 $3830 +1 $3830 +1 Plus 35 new 35 new $120/ unit unit $5,596 ($416) $3,000 lot $5,170 $2,685 $2,685 $2,100 $2,100 $3290 $3290 135 new 135 /new unit unit $1,050 $1,050 $4,015 ($2,965) $1,760 $4,761 $1330 75 new unit $1330+ $75 new unit $260 $260 $1,050 $1,050 $1,340 $1,340 $0 $140 $0 $140 Comparison of City Land Use Permit Fees Auburn $3,313 ($628) $2,000 $3,000 ($315) $1,139 Burien $3,791 $1,120 $2,213 $472 $1,660 $440 $2,070 $1,723 $5,131 ($491) $2,588 Plus $2,566 ($486) $1,533 $52 /lot $1,550 $2,685 $2,685 $7,525 ($4,840) $331 ($71) $259 $287 Plus $259/ $2,247 ($1,197) $802 study $2,110 +actual $1,496 ($156) $802 costs $168 ($28) $215 $143 $157 ($17) $104 $69 Federal Way $3,665 $5,863 $1,351 $5,525 $11 .25 to up to multifa .65 per $2,252 $3,113 $588 m unit $5,525 sf $2,000 $372 Plus $79/ Plus $7,436 acre $4,101 $54 /lot $8,525 $2,213 +85.5/ $867 acre $1,616 Plus $1378/ $1,120 acre $2,260 $2,912 $458 $1,599 $85 Kent Des Moines Renton $2,213 $5,525 $2,000 $4,525 $2,525 $2,000 $1,000 +59/ +.10 /sf $2,752 unit $12,525 lot area $3,000 $1000 10 -20 $8,525 $2,000 acres Plus $2,203 $22 /lot $4,025 $318 $790 $2,190 $215 $54 $7,525 +.35 /sf of $4,525 building $1,000 All Costs $200 $1,000 $0 SeaTac $4,000 N/A Plus $100/ $6,000 lot +200/ $700 lot Plus $1800/ $4,500 acre Plus $100/ $3,000 lot Varies $1000 $1,400 to 3000 $150 $400 H: \Budget \Fee comparison.xls 2 05/11/2010 Permit Type Administrative Review (P- Admin) Accessory Dwelling Unit Inspection Rental Housing Ord Code Interpretation Legal Lot Verification Shoreline Permit Exemption Zoning Verification Letter Annexation (P- Annex) Land Use Appeal (P- Appeal) Binding Site Improvement Plan (P -BSIP) Boundary Line Adjustment/Lot Consolidation (P- BLA/LC Boundary Line Adjustment Lot Consolidation Zoning Code Amendment (P -Code) Comprehensive Plan Amendment (P -CPA) Conditional Use Permit (P -CUP), Shoreline CUP Development Agreement (P -DA) 20 H then hourly Design Review (P -DR) Administrative Public Hearing Major Modification Minor Modification new fee Noise Variance new fees per Noise Ordinance Type I Type II Type III SEPA Planned Action (P -PACT) Planned Residential Development Minor Modification Administrative (P -APRD) Public Hearing (P -PRD) Major Modification Pre Application Meeting (PREAPP) Rezone (P -R) Reasonable Use Exception to SAO Sensitive Area Master Plan Overlay (P -SAMP) SEPA Environmental Review (P -SEPA) SEPA Checklist SEPA EIS Fee SEPA Addendum new fee 2011 -2012 Land Use Fee Proposal Estimated Admin New Plus Hearing Other City 2010 Land Use Fees Review Hours at Application Examiner and Average LDR Other Zones Hours at $92 $55 Fees Addl. Staff time Fees $120 NA $120 $120 $0 $140 $0 $140 $2,625 $2,625 $120 $235 $1,340 $1,340 $420 $630 $105 $210 $1,050 $1,050 $2,100 $2,100 $2,685 $2,685 $525 $525 $540 $540 $1,875 $2,685 $540 $540 NA 1 $370 I $840 1 $840 $3290 +135 $3290 +135 /unit /unit $260 $1,050 $840 $1,340 $1,050 $1,340 $260 $1,050 $1,330 $1,340 $1,050 $1,340 NG H: \Budget \Budget.xls NA 3 0.5 $304 5 0.5 $488 2 0.5 $212 3 0.5 $304 50 10.0 $5,150 5 1.0 $515 35 2.0 $3,330 15 1.5 $1,463 5 1.5 $543 40 5.0 $3,955 40 5.0 $3,955 35 3.0 $3,385 20 1.0 $1,895 20 2.0 $1,950 35 5.0 $3,495 10 5.0 $1,195 5 1.5 $543 4 1.0 $423 5 2.0 $570 12 3.0 $1,269 5 1.0 $515 5 1.0 $515 20 1.0 $1,895 50 5.0 20 5.0 4 1.0 35 5.0 30 3.0 50 5.0 15 2.0 30 5.0 5 1.0 HE Hours addl. hours HE addl. Hours HE $4,875 addl. Hours $2,1151 $4231 $3,4951+ addl. Hours $2,9251+ HE Hours $4,8751+ addl. Hours 1 $1,4901 $3,0351+ addl. Hours $5151 $350 $168 $157 $425 $3,345 $1,078 $526 $4,015 $1,660 $3,313 $8641 $3,0261 1 $5,131 $331 $4,015 $2,588 $2,247 $1,496 05/11/2010 Permit Type Shoreline Environment Redesignation (P- ShoreD) Shoreline Substantial Development Permit (P- Shore) Project Value $5000 10,000 $10,001 50,000 $50,001 500,000 More than $500,001 Signs Temporary Sign Permit (P- Tsign) Permanent Sign (P- Psign) Master Sign Program, Admin new fee in Sign; Cede Master Sign' Program BAR new fee in Sign Code Special Permission (P -SP) Cargo Container Landscape Requirement Deviation Parking Determination Parking Variance, Modification or Waiver Sensitive Area Deviation, Buffer Reduction Single Family Design Standard Exception Sign Modification or Area Increase Not in new sign code Parking Lot Restriping new fee Short Plat (P -SS) 2 -4 Lots 5 -9 Lots Subdivision Preliminary Approval (P -SUBP) Subdivision Final Approval (P -SUBF) Tree Permit (P -Tree) Fee is codified at $25 Zoning Code Variance (P -VAR) Unclassified Use Permit (P -UU) Wireless Communication Facility (P -Wire) Minor Administrative Major or Height Waiver Mailing Label Fee Public Notice Mailing Fee to cover postage (.44) and paper (.54) 2011 -2012 Land Use Fee Proposal Estimated Admin 2010 Land Use Fees Review Hours at LDR Other Zones Hours at $92 $55 $1,340 1 $1,340 35 $2,100 1 $2,685 10 25 40 50 $75 $75 1 $135 $135 2 20 30 $260 $400 5 $260 $400 5 $260 $400 5 $260 $400 8 $260 $400 15 $260 NA 5 $260 $400 NA 5 $1,050 1 $2,100 1 35 $2,100 1 $2,625 1 40 $3830 +135 $3830 +135 /unit /unit 50 $1330 +75 $1330 +75 unit unit 30 $25 $25 2 $840 $1,785 25 $2,685 $2,685 50 $265 1 $265 5 $540 1 $540 15 $2,685 1 $2,685 30 $2101 $210 5.0 2.0 2.0 3.0 5.0 0.5 1.0 5.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 2.0 2.0 5.0 $4,875 addl. Hours 5.0 0.5 3.0 5.0 1.0 1.5 3.0 New Application Fees $3,4951+ addl. Hours I I I $1,0301 $2,410 addl. Hours $3,845 addl. Hours $4,875 addl. Hours $92 $212 $1,895 $3,035 $515 $515 $515 $846 $1,435 $515 $515 $3,330 $3,790 Plus Hearing Other City Examiner and Average Addl. Staff time Fees addl. hours HE Hours addl. hours $3,035 addl. Hours $501+ addl. Hours $2,4651+ HE $4,8751+ addl. Hours 1 $5151 $1,4631 $2,9251+ HE $4001 $1 per address per mailing $2,1001 $68 $188 $436 $336 $3,0531 $3,562 $5,596 $2,566 $2,610 $7,525 $3721 $2,213 NG H: \Budget \Budget.xls 05/11/2010 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1758, §l, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 18.54.100, TO MOVE THE TREE CLEARING PERMIT FEE INTO THE LAND USE FEE TABLE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the processing fee for tree clearing permits has not changed since adoption of the tree ordinance in 1995; and WHEREAS, the codified fee of $25.00 is no longer sufficient to cover the City's costs to provide this review; and WHEREAS, all other land use fees have been removed from the Zoning Code and adopted separately by the City Council in a land use fee resolution; and WHEREAS, the City Council desires to move the tree clearing permit fee to the land use fee resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1758, §1, as codified at Tukwila Municipal Code Section 18.54.100, is hereby amended to read as follows: 18.54.100 Permit Application Fee A. Fee required: A non refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. The application fcc _.cidcd, by the City Council. B. Fee- __t.r..yat: The City shall collect a fee of $25.00 for processing a Tree Clearing Permit ner TMC Section 18.88.010. except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land altering activity approved under a Land Altering Permit. Section 2. 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 3. 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 2010. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W:\ Word Processing \Ordinances \Tree Permit Fee.docx 6/2/2010 Page 1 of 1 C DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LAND USE FEE SCHEDULE, AND REPEALING RESOLUTION NO. 1672. WHEREAS, the City intends to update land use permit fees on an annual basis with any increases tied to growth in City expenses for providing land use services; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, the City has studied its costs related to providing land use services and found the current fees do not cover the City's expenses and need to be increased; and WHEREAS, budget constraints prevent the City from retaining the lower fee schedule for LDR zoned properties; and WHEREAS, the City has determined the fee increase will take effect July 1, 2010; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Land use permit and processing fees will be charged according to the following schedule: Permit Type Appeal Zoning, Sign, SEPA, Subdivision Code (P- Appeal)* Binding Site Improvement Plan (TMC Chapter 17.16) (P -BSIP) Boundary Line Adjustment (P- BLA /LC) Code Interpretation (TMC Section 18.96.020) Comprehensive Plan Amendment (TMC Chapter 18.80) (P -CPA) Conditional Use Permit (P -CUP), Shoreline CUP Design Review (TMC Section 18.60.030) (P -DR) Administrative Public Hearing Major Modification Minor Modification Lot Consolidation (P -BLA/ LC) Noise Variance (TMC Chapter 8.22) Type I Type II Type III* Planned Residential Development Administrative (TMC Section 18.46.110) (P -APRD) Public Hearing (TMC Section 18.46.110) (P -PRD) Minor Modification (TMC Section 18.46.130) Major Modification (TMC Section 18.46.130) Rezone Map Change (TMC Chapter 18.84) (P -R) Reasonable Use Exception to SAO (TMC Section 18.45.180)* Sensitive Area Master Plan Overlay (TMC Section 18.45.160) (P -SAMP) W: \Word Processing Resolutions \Land Use Fee Schedule 2011 -2012 doc P13 6/3/2010 2010 -2011 2012 Fee/ Fee/ Retainer Retainer $515 $3,330 $1,463 1 $304 $3,955 $3,385 $1,950 $3,495 $1,195 $543 $543 $423 $570 $1,269 $1,895 $4,875 $515 $2,115 $3,495 $2,925 $4,875 $541 hours over 5 $3,497 $1,536 1 $319 1 $4,153 $3,554 1 $2,048 1 $3,670 1 $1,255 1 $570 1 $570 $444 $599 $1,332 $1,990 $5,119 $541 $2,221 $3,670 $3,071 $5,119 Plus any review hours over retainer hours over 40 hours over 50 1 1 hours over 35 1 hours over 30 hours over 50 Page 1 of 3 D Permit Type SEPA Environmental Review (TMC Title 21) (P -SEPA) SEPA Planned Action (P -PACT) SEPA Checklist SEPA EIS Fee SEPA Addendum Shoreline Environment Re- designation (P -Shore D) Shoreline Permit Exemption (TMC Chapter 18.44) Shoreline Substantial Development Permit (TMC Chapter 18.44) (P- Shore) Project Value $5,000 10,000 $10,001- 50,000 $50,001 500,000 More than $500,000 Signs (TMC Title 19) Temporary Sign Permit (P -T sign) Permanent Sign Permit (P -P sign) Master Sign Program Administration Master Sign Program BAR Special Permission (P -SP) Cargo Container (TMC Section 18.50.060) Landscape Perimeter Averaging (TMC Section 18.52.020) Parking Standard for Use Not Specified (TMC Section 18.56.100) Parking Variance, Modification or Waiver (TMC Sections 18.56.130 and 18.56.140)* Parking Lot Re- striping Residential Parking Reduction (TMC Section 18.56.065) Shared, Covenant and Complementary Parking Reduction (TMC Section 18.56.070) Sensitive Area Deviation, Buffer Reduction (TMC Chapter 18.45) Single Family Design Standard Exception (TMC Section 18.50.055) TSO Special Permission Use (TMC Section 18.41.060)* Short Plat (TMC Chapter 17.12) (P -SS) 2 -4 Lots 5 -9 Lots Subdivision Preliminary Approval (TMC Chapter 17.14) (P -SUBP) 1 Subdivision Final Approval (P -SUBF) Tree Clearing Permit and Exception (TMC Chapter 18.54) (P -Tree) 1 Unclassified Use Permit (TMC Chapter 18.66) (P -UU) 1 Variance Zoning, Sign, Shoreline (P -VAR) Wireless Communication Facility (TMC Chapter 18.58) (P -Wire) Minor Administrative Major or Height Waiver Zoning Code Text Amendment (TMC Chapter 18.80) (P -Code) W: \Word Processing \Resolutions \Land Use Fee Schedule 201 I- 2012.doc PBdksn 6/3/2010 2010 -2011 2012 Plus any review Fee/ Fee/ hours over Retainer Retainer retainer $515 $1,490 $3,035 $515 $3,495 $212 $1,030 $2,410 $3,845 $4,875 $92 $212 $1,895 $3,035 $515 $515 $515 $846 $888 $515 1 $541 $3,330 1 $50 $4,875 $2,465 $515 $1,463 $2,925 $3,955 $541 $1,565 $3,187 1 hours over 30 $541 $3,670 1 hours over 30 $222 1 $1,082 1 $2,531 1 hours over 25 $4,037 1 hours over 40 $5,119 1 hours over 50 $97 1 $222 1 $1,990 1 $3,187 1 $541 $541 $541 $515 $541 $515 $541 hours over 5 $1,435 $1,507 hours over 15 $515 $541 $846 $888 $3,497 1 $3,790 1 $3,980 $4,875 $5,119 hours over 50 $3,035 1 $3,187 hours over 301 $53 hours over 2 $5,119 1 hours over 501 $2,588 1 $541 $1,536 $3,071 $4,153 hours over 5 hours over 8 1 All Hearing Examiner costs will be passed through to the applicant. The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. Page 2 of 3 Fee Type Annexation (P- Annex) Development Agreement (P -DA) Legal Lot Verification Mailing Label Fee for City to generate labels Pre Application Meeting (PREAPP) Public Notice Mailing Fee Zoning Verification Letter The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. Section 2. Resolution No. 1672, dated December 1, 2008, is hereby repealed, effective July 1, 2010. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W.\Word Processing \Resolutions \Land Use Fee Schedule 2011- 2012.doc P13•ksn 6/3/2010 Plus any 2010 -2011 2012 review hours Fee/Retainer Fee/Retainer over retainer $5,150 1 $5,408 $1,895 1 $1,990 hours over 20 $488 $512 $400 $420 $423 I $444 $1 per address, per mailing $304 1 $319 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 3 of 3 TO: FROM: Shawn Hunstock, Finance Director DATE: June 3, 2010 SUBJECT: Bond Ordinance ISSUE Section 4.3.7 of the Tukwila South Development Agreement (DA) calls for the City to issue up to $8.25 million in general obligation bonds for construction of Southcenter Parkway within the newly annexed area. All funding arrangements for the construction project, including securing the bonds, is to be accomplished by December 31, 2010 according to the DA. BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Jim Haggerton, Mayor The City Council, at its May 17, 2010 meeting, approved the acceptance of nearly $12 million in state grant funding related to Tukwila South. The state funding, in addition to nearly $3.7 million in federal funding, will be used along with bonded indebtedness to fund realignment and construction of Southcenter Parkway. In addition to providing bond funding for the Southcenter Parkway project, the administration is proposing to reimburse the City for previously incurred expenses related to flood planning, response and mitigation, as well as fund some related projects that have not occurred yet. The City Council on December 7, 2009 adopted Resolution No. 1702, thereby approving reimbursement for flood related expenses from bond funding to occur later. It should be noted that the City originally intended to bond this year for up to $1.9 million in expenses related to the Strander Boulevard project. Due to uncertainties related to funding for the project and the likelihood of rail line relocation, a key component of an overpass or underpass, the project is on hold indefinitely at this time. According to Section 4.8.2 of the DA, the City will use increased property tax revenue from the annexation area to pay debt service costs on the first $6 million in bonding required to fund the Southcenter Parkway construction project. If it is necessary to issue more than $6 million in bonds, the DA states that the developer will pay for the INFORMATIONAL MEMO Page 2 additional debt service costs, up to a total of $8.25 million in bonds. Should the increased property tax revenue more than cover the cost of debt service, this additional amount is available to the City's General Fund for regular operating expenses. According to the total project funding recently approved by Council, the Southcenter Parkway construction project will include $3,678,627 in federal funding, $11,980,000 in state funding, and $4,355,930 in bond funding. The total project costs are $19,714,557 plus $300,000 in City construction management, for a combined total of $20,014,557. Because the amount of bond funding needed is less than $6 million, according to the DA, the City will be responsible for debt service on this portion of the bond issue. Future property tax increases will be used to pay for this portion of the debt service, currently estimated to be approximately $382,000 annually, depending on the final structure of the bond sale. At the City's current property tax levy rate of $2.67 per $1,000 of assessed value, it would take an increase of just over $143 million in assessed value from the annexation area to pay for the annual debt service of $382,000. In addition to providing funding for the Southcenter Parkway, the administration is proposing to use additional bond proceeds to reimburse the City for previously incurred flood related expenses, as well as some needed purchases and facility upgrades for flood response and mitigation purposes. A detailed list of previously incurred and proposed expenses is attached to this information memorandum. The items are capital in nature, and are part of an overall $3.2 million the City has spent on flood related expenses since last fall. The total amount of flood related expenses proposed for bond funding is $1,544,231. The administration has determined that these items are above and beyond the normal operating expenses of the City, and the City's bond counsel has made a preliminary determination that these items are eligible for bond funding. Two of the emergency response capital equipment items impact the budget reductions recently reviewed by Council for the Information Technology department. The Microsoft Enterprise Agreement (EA) for MS Office, MS Exchange email using MS Outlook plus other software products will not at first decrease the annual budget needed for MS Office license purchases, but will immediately provide consistency with standardized versions for all PCs and laptops. Currently a new Office license is purchased every time a new computer is purchased, one quarter of the total per year allowing for differing versions throughout the departments. The EA will essentially give the City a site license for MS Office and other products, decreasing the current annual licensing costs for the IT department after the first three years and into the future. Software standardization will also decrease IT staff costs for software and hardware deployment. Training costs will be lowered with standardized software; the EA includes vouchers for IT staff technical training on the covered software plus online training for all users. The annual savings after the first three years for this item is estimated to be $27,000. The other item that impacts the IT budget reductions is the phone system replacement. Most of the required software for this new voice over IP phone technology system is included in the EA and will decrease the annual telephone system maintenance costs by approximately $30,000. The hardware costs and system maintenance through IT staff or outside consultants will be less than our current aging phone system once the new system is in place. Both items will provide the ability for system redundancy, disaster recovery and backup communications for our network infrastructure. W: \2010 I nfoMemos\ TukSoBondOrdinanceREVISED_1.doc INFORMATIONAL MEMO Page 3 The total bond issue for both Southcenter Parkway construction costs ($4,355,930) and flood related expenses ($1,544,231) is $5,900,161. A ratings presentation for the City was conducted on June 1, 2010 with Moody's Investors Service. The presentation went very well, and Moody's showed particular interest in the City's recently adopted reserve policy. The bonds are currently scheduled for pricing on June 21, 2010. RECOMMENDATION The Council is being asked to approve the ordinance providing for issuance of the new bonds, and authorizing the Mayor to execute a continuing disclosure agreement. This item is scheduled to be discussed at the June 8, 2010 Finance and Safety Committee meeting, the June 14 Committee of the Whole meeting, and the June 21 Regular meeting. ATTACHMENTS Bond Ordinance Information Memo, dated April 5, 2010, from Lisa Verner Southcenter Parkway spreadsheet, Attachment 9, from April 12, 2010 C.O.W packet Resolution 1702, Intent to Reimburse Capital Expenditures, passed December 7, 2009 Emergency Preparedness Capital Asset List W:1 2010InfoMemos \TukSoBondOrdinanceREVISED 1.doc Bonds. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE OF $1,600,000 PAR VALUE OF LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2010A, AND $4,400,000 PAR VALUE LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2010B (TAXABLE BUILD AMERICA BONDS DIRECT PAYMENT), OF THE CITY FOR GENERAL CITY PURPOSES TO PROVIDE FUNDS WITH WHICH TO PAY THE COST OF SOUTHCENTER PARKWAY IMPROVEMENTS AND EMERGENCY RESPONSE CAPITAL EQUIPMENT; FIXING THE DATE, FORM, MATURITIES, INTEREST RATES, TERMS AND COVENANTS OF THE BONDS; ESTABLISHING A BOND REDEMPTION FUND AND PROJECT FUNDS; PROVIDING FOR THE PURCHASE OF BOND INSURANCE; AND APPROVING THE SALE AND PROVIDING FOR THE DELIVERY OF THE BONDS TO SEATTLE NORTHWEST SECURITIES CORPORATION OF SEATTLE, WASHINGTON; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila, Washington (the "City is in need of carrying out the "Projects" (as that term is hereinafter defined), the estimated cost of which is $6,000,000 and the City does not have available sufficient funds to pay the cost; and WHEREAS, the City Council deems it to be in the best interest of the City to borrow money by the issuance of limited tax general obligation bonds (the "Bonds"), authorized herein for general City purposes, to provide funds to carry out the Projects and to pay the costs of issuance of the Bonds; and WHEREAS, Seattle- Northwest Securities Corporation has offered to purchase the Bonds authorized herein under the terms and conditions set forth in this ordinance in the form of a bond purchase contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. For the purposes of this ordinance the words or phrases defined in this section shall have the following meanings: 1. `Bond Fund" means the Limited Tax General Obligation Bond Fund, 2010, created by this ordinance for the payment of the Bonds. 2. "Bond Register" means the books or records maintained by the Bond Registrar containing the name and mailing address of the owner of each Bond and the principal amount and number of Bonds held by each owner. 3. "Bond Registrar" means the Fiscal Agent. 4. "Bonds" means, collectively, the Series 2010A Bonds and the Series 2010B 5. "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under and by virtue of the laws of the state of Washington. 6. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. W:\ Word Processing \Ordinances \General Obligation Bonds.docx KS:ksn 06/02/2010 Page 1 of 13 7. "DTC" means The Depository Trust Company, New York, New York. 8. "Finance Director" means the Finance Director of the City. 9. "Fiscal Agent" means the fiscal agent of the State of Washington, as the same may be designated by the State from time to time. 10. "Letter of Representations" means the Blanket Issuer Letter of Representations dated October 18, 1999, between the City and DTC, as it may be amended from time to time. 11. "MSRB" means the Municipal Securities Rulernaking Board. 12. "Projects" means Southcenter Parkway Improvements and Emergency Response Capital Equipment. 13. "Project Funds" means, collectively, the Southcenter Parkway Construction Fund, the Strander Boulevard Construction Fund and the Emergency Capital Fund, each created by this ordinance. 14. "Rating Agency" means the nationally recognized rating agency or agencies, if any, at the time rating the Bonds at the request of the City. 15. "SEC" means the United States Securities and Exchange Commission. 16. "Series 2010A Bonds" means the $1,600,000 par value Limited Tax General Obligation Bonds, Series 2010A, of the City issued pursuant to and for the purposes provided in this ordinance. 17. "Series 2010B Bonds" means the $4,400,000 par value Limited Tax General Obligation Bonds, Series 2010B (Taxable Build America Bonds Direct Payment), of the City issued pursuant to and for the purposes provided in this ordinance. Section 2. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2010 is $4,982,452,351, and the City has outstanding general indebtedness evidenced by limited tax general obligation bonds, notes, leases or conditional sales contracts in the principal amount of $25,876,800 incurred within the limit of up to 1- 1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein; has no outstanding unlimited tax general obligation bonds issued pursuant to a vote of the qualified voters of the City; and the amount of indebtedness for which the Bonds are authorized herein to be issued is $6,000,000. Section 3. Authorization of Bonds. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing that indebtedness in the aggregate principal amount of $6,000,000 for general City purposes to provide the funds to pay the cost of the Projects and to pay the costs of issuance and sale of the Bonds (the "costs of issuance The general indebtedness to be incurred shall be within the limit of up to 1 -1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. Section 4. Description of Bonds. A. The Series 2010A Bonds shall be called Limited Tax General Obligation Bonds, Series 2010A, of the City and shall be issued in the aggregate principal amount of $1,600,000. The Series 2010B Bonds shall be called Limited Tax General Obligation Bonds, Series 2010B (Taxable Build America Bonds Direct Payment), of the City and shall be issued in the aggregate principal amount of $4,400,000. The Bonds shall be dated the date of their initial delivery; shall be in the denomination of $5,000 or any integral multiple thereof within a single series and maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest (computed on the basis of a 360 -day year of twelve 30 -day months) payable semiannually on each June 1 and December 1, commencing June 1, 2010, to the maturity or earlier redemption of the W:\ Word Processing Ordinances \General Obligation Bonds.docx KS:ksn 06 /02/2010 Page 2 of 13 Bonds; and shall mature on December 1 in years and amounts and bear interest at the rates per annum as follows: Series 2O1OA Bonds Series 2O10B Bonds Maturity Interest Maturity Interest Years Amounts Rates Years Amounts Rates 2010 2011 2012 2013 2014 2015 B. The life of the capital facilities financed with the proceeds of the Bonds exceeds the term of the Bonds. Section 5. Registration and Transfer of Bonds. A. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. B. Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any authorized denomination of an equal aggregate principal amount and of the same series, interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. C. The Bonds initially shall be registered in the name of Cede Co., as the nominee of DTC. The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to registered owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC). D. For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the registered owner for all purposes hereunder and all references to registered owners, bondowners, bondholders or the like shall mean DTC or its nominee and, except for the purpose of the City's undertaking herein to provide continuing disclosure, shall not mean the owners of any beneficial interests in the Bonds. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: 1. to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services proposed to be provided by it; 2. to any substitute depository appointed by the City or such substitute depository's successor; or 3. to any person if the Bonds are no longer held in immobilized form. E. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. W: \Word Processing Ordinances \General Obligation Bonds.docx KS:ksn 06/02/2010 Page 3 of 13 F. If 1) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or 2) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form. Section 6. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date or, if requested in writing by a registered owner of Bonds prior to the applicable record date, by wire transfer on the interest payment date, provided that costs of the electronic transfer will be paid by the requesting registered owner. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners to the Bond Registrar. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations. Section 7. Redemption Provisions and Open Market Purchase of Bonds. A. Optional Redemption. The Series 2010A Bonds shall be issued without the right or option of the City to redeem the Series 2010A Bonds prior to their stated maturity dates. The City reserves the right and option to redeem the Series 2010B Bonds maturing on or after December 1, 2020, prior to their stated maturity dates at any time on or after December 1, 2019, as a whole or in part, at a price equal to the principal amount to be redeemed, without premium, plus accrued interest to the date fixed for redemption. B. Extraordinary Optional Redemption. The City additionally reserves the right and option to redeem the Series 2010B Bonds prior to their stated maturity dates at any time prior to December 1, 2019, as a whole or in part, upon the occurrence of an Extraordinary Event, at the Extraordinary Optional Redemption Price. 1. An "Extraordinary Event" will have occurred if the City determines that a material adverse change has occurred to Section 54AA or Section 6431 of the Code or there is any guidance published by the Internal Revenue Service or the United States Treasury with respect to such Sections or any other determination by the Internal Revenue Service or the United States Treasury, which determination is not the result of any act or omission by the City to satisfy the requirements to qualify to receive the 35% cash subsidy payment from the United States Treasury, pursuant to which the City's 35 cash subsidy payment from the United States Treasury is reduced or eliminated. 2. "Extraordinary Optional Redemption Price" means the greater of: a) 100% of the principal amount of the Series 2010B Bonds to be redeemed; or b) the sum of the present values of the remaining scheduled payments of principal of and interest to the stated maturity date on the Series 2010B Bonds to be redeemed, discounted to the date on which such Series 2010B Bonds are to be redeemed on a semi- annual basis, assuming a 360 -day year consisting of twelve 30 -day months, at the Treasury Rate plus 100 basis points, plus, in each case, accrued interest on the Series 2010B Bonds to be redeemed to the date fixed for redemption. 3. "Treasury Rate" means, with respect to any date fixed for redemption for a particular Series 2010B Bond, the yield to maturity as of such date of United States Treasury securities with a constant maturity (excluding inflation indexed securities, and as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519) that has become publicly available as of the first business day that is at least two business days prior to such date or, if such Statistical Release is no longer published, any publicly available source of similar market data) most nearly equal to the period from such date to the stated maturity date of such Series 2010B Bond. W: \Word Processing \Ordinances \General Obligation Bonds.docx KS:ksn 06/02/2010 Page 4 of 13 4. At the request of the Bond Registrar, the Extraordinary Optional Redemption Price shall be determined by an independent accounting firm, investment banking firm or financial advisor retained by the City at the City's expense. Absent manifest error, such determination shall be conclusive and binding on the City, the Bond Registrar and the Registered Owners, and neither the City nor the Bond Registrar shall be liable for relying on such determination. C. Mandatory Redemption. 1. The Series 2010B Bonds maturing in 20_ and 20 are Term Bonds and, if not redeemed under the optional or extraordinary optional redemption provisions set forth above or purchased in the open market under the provisions set forth below, shall be called for redemption randomly (in such manner as the Bond Registrar shall determine) at par plus accrued interest on December 1 in years and amounts as follows: 2010B Term Bonds Maturing 2010B Term Bonds Maturity in 20_ in 20 Mandatory Mandatory Redemption Mandatory Redemption Mandatory Dates Redemption Dates Redemption (December 1) Amounts (December 1) Amounts Maturity 2. If the City redeems under Section 7.A or B, purchases in the open market or defeases Term Bonds, the par amount of the Term Bonds so redeemed, purchased or defeased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation at least 60 days prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. D. Partial Redemption of Bonds. Portions of the principal amount of any Bond, in installments of $5,000 or any integral multiple thereof, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the registered owner, without charge therefor, a new Bond (or Bonds, at the option of the registered owner) of the same series, maturity and interest rate in any of the denominations authorized by this ordinance in the aggregate principal amount remaining unredeemed. E. Open Market Purchase. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price plus accrued interest to the date of purchase. F. Selection of Bonds for Redemption. If fewer than all of the outstanding Series 2010B Bonds are to be redeemed prior to maturity, then (a) if the Series 2010B Bonds are in book -entry form at the time of such redemption, the Bond Registrar shall instruct DTC to instruct the DTC participants to select the specific Series 2010B Bonds for redemption pro rata, and neither the City nor the Bond Registrar shall have any responsibility to ensure that DTC or the DTC participants properly select such Series 2010B Bonds for redemption; and (b) if the Series 2010B Bonds are not then in book entry form at the time of such redemption, on each date fixed for redemption, the Bond Registrar shall select the specific Series 2010B Bonds for redemption pro rata. The portion of any Series 2010B Bonds of a denomination more than $5,000 to be redeemed shall be in the principal amount of $5,000 or any integral multiple thereof. The Bond W: \Word Processing \Ordinances \General Obligation Bonds.docx KS:ksn 06 /02/2010 Page 5 of 13 Registrar shall select such portions of Series 201013 Bonds to be redeemed in such manner as the Bond Registrar in its discretion may deem to be fair and appropriate. Notwithstanding the foregoing, for as long as the Series 2010B Bonds are registered in the name of DTC or its nominee, selection of Series 2010B Bonds for redemption shall be in accordance with the Letter of Representations. G. Cancellation of Bonds. All Bonds purchased or redeemed under this section shall be canceled. Section 8. Notice of Redemption. A. While the Bonds are held by DTC in book -entry only form, any notice of redemption shall be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar shall not be required to give any other notice of redemption. If the Bonds cease to be in book -entry only form, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 30 nor more than 60 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. B. In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice of rescission to the affected registered owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. C. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to the MSRB and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 9. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. Section 10. Pledge of Taxes. For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor (including the federal credit payments described in the following sentence), to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Section 11. Form and Execution of Bonds. A. The Bonds shall be prepared in a form consistent with the provisions of this ordinance and state law and shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. W:\ Word Processing Ordinances General Obligation Bonds.docx KS:ksn 06 /02/2010 Page 6of13 B. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This Bond is one of the fully registered City of Tukwila, Washington, Limited Tax General Obligation Bonds, [Series 2010A/Series 2010B (Taxable Build America Bonds Direct Payment)], described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENT Bond Registrar By Authorized Signer C. The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. D. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds. Section 12. Duties of Bond Registrar. A. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 1338 establishing a system of registration for the City's bonds and obligations. B. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 13. Preservation of Tax Exemption for Interest on Series 2010A Bonds. The City covenants that it will take all actions necessary to prevent interest on the Series 2010A Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Series 2010A Bonds or other funds of the City treated as proceeds of the Series 2010A Bonds at any time during the term of the Series 2010A Bonds which will cause interest on the Series 2010A Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirement of Section 148 of the Code is applicable to the Series 2010A Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Series 2010A Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the W:\ Word Processing\ Ordinances \General Obligation Bonds.docx KS:ksn 06/02/2010 Page 7 of 13 Code to prevent interest on the Series 2010A Bonds from being included in gross income for federal income tax purposes. Section 14. Designation of Series 2010A Bonds as "Qualified Tax- Exempt Obligations." The City has determined and certifies that: 1. the Series 2010A Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; 2. the reasonably anticipated amount of tax exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax- exempt obligations from the City, or that issues tax- exempt obligations on behalf of the City) will issue during the calendar year in which the Series 2010A Bonds are issued will not exceed $30,000,000; and 3. the amount of tax exempt obligations, including the Series 2010A Bonds, designated by the City as "qualified tax exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Series 2010A Bonds are issued does not exceed $30,000,000. The City designates the Series 2010A Bonds as "qualified tax exempt obligations" for the purposes of Section 265(b)(3) of the Code. Section 15. Election to Treat Series 2010B Bonds as "Build America Bonds Tax Covenants. A. The City hereby irrevocably elects to have Section 54AA of the Code apply to the Series 2010B Bonds so that the Series 2010B Bonds are treated as "build America bonds," and further to have Subsection 54AA(g) of the Code apply to the Series 2010B Bonds so that the Series 2010B Bonds are treated as "qualified bonds" with respect to which the City will be allowed a credit payable by the United States Treasury to the City pursuant to Section 6431 of the Code in an amount equal to 35% of the interest payable on the Series 2010B Bonds on each interest payment date. The City authorizes and directs the Finance Director (or his or her designee) to take such actions and enter into such agreements as are necessary or appropriate for the City to receive from the United States Treasury the applicable federal credit payments in respect of the Series 2010B Bonds, including, but not limited to, entering into a calculation agency agreement with a calculation agent and the timely filing with the Internal Revenue Service of Form 8038 -CP- "Return for Credit Payments to Issuers of Qualified Bonds" in the manner prescribed by Internal Revenue Service Notice 2009 -26. B. The City also covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the entitlement of the City to receive from the United States Treasury the applicable federal credit payments in respect of the Series 2010B Bonds. Without limiting the generality of the foregoing, the City will comply with the provisions of the Code, compliance with which would result in the interest on the Series 2010B Bonds being excluded from gross income for federal tax purposes but for the City's irrevocable election to have Section 54AA of the Code apply to the Series 2010B Bonds. Section 16. Refunding or Defeasance of the Bonds. A. The City may issue refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then outstanding Bonds (hereinafter collectively called the "defeased Bonds and to pay the costs of the refunding or defeasance. If money and/ or "government obligations" (as defined in chapter 39.53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, W:\ Word Processing Ordinances General Obligation Bonds.docx KS:ksn 06/02/2010 Page 8 of 13 retirement or defeasance of defeased Bonds (hereinafter called the "trust account then all right and interest of the owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of a series of Bonds, for notice of the defeasance to be given to the owners of the defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. B. If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. Section 17. Bond Fund; Project Funds; and Deposit of Bond Proceeds. A. The Bond Fund is hereby created and established in the office of the Finance Director as a special fund designated the Limited Tax General Obligation Bond Fund, 2010, for the purpose of paying principal of and interest on the Bonds. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. B. The Project Funds also are hereby created and established in the office of the Finance Director as special funds designated the Southcenter Parkway Construction Fund, the Strander Boulevard Construction Fund and the Emergency Capital Fund. The principal proceeds and premium, if any, received from the sale and delivery of the Bonds shall be paid into the Project Funds and used to pay the costs of the Projects and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Project Funds and be spent for the purposes of those funds except that earnings subject to a federal tax or rebate requirement may be withdrawn from the Project Funds and used for those tax or rebate purposes. Any amounts remaining in the Project Funds after payment of the costs of the Projects and costs of issuance of the Bonds may be used for any other proper City purpose. Section 18. Approval of Bond Purchase Contract. A. Seattle- Northwest Securities Corporation of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the Finance Director and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. B. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper PLLC, municipal bond counsel of Seattle, Washington, regarding the Bonds. C. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser and for the proper application and use of the proceeds of the sale thereof. Section 19. Preliminary Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated 2010 (the "Preliminary Official Statement prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with SEC Rule 15c2- 12(b)(1), the City "deems final" that Preliminary Official Statement as of its date, except W:\ Word Processing \Ordinances \General Obligation Bonds.docx KS:ksn 06/02/2010 Page 9 of 13 for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. Section 20. Undertaking to Provide Continuing Disclosure. To meet the requirements of SEC Rule 15c2- 12(b)(5) (the "Rule as applicable to a participating underwriter for the Bonds, the City makes the following written undertaking (the "Undertaking for the benefit of holders of the Bonds: 1. Undertaking to Provide Annual Financial Information and Notice of Material Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: a. Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection 2 of this section "annual financial information b. Timely notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax- exempt status of the Series 2010A Bonds; (7) modifications to rights of holders of the Bonds; (8) Bond calls (other than scheduled mandatory redemptions of Term Bonds); Bonds; and (9) defeasances; (10) release, substitution, or sale of property securing repayment of the (11) rating changes. c. Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection 2 of this section. 2. Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection 1 of this section: a. Shall consist of: (1) annual financial statements prepared (except as noted in the financial statements) in accordance with the generally accepted accounting principles applicable to Washington State local governmental units, as such principles may be changed from time to time, which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided; bonds; (2) authorized, issued and outstanding balance of general obligation W:\ Word Processing \Ordinances \General Obligation Bonds.docx KS:ksn 06/02/2010 Page l0of13 (3) assessed valuation of property within the City for the fiscal year; and (4) regular property tax levy rate and regular property tax levy rate limit for the fiscal year; b. Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2009; and c. May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. 3. Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by the Rule. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. 4. Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any holder of Bonds, and shall not inure to the benefit of or create any rights in any other person. 5. Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of prior redemption or payment in full of all the then outstanding Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of the Rule which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to the MSRB. 6. Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. 7. Designation of Official Responsible to Administer Undertaking. The Finance Director (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with the Rule, including, without limitation, the following actions: a. Preparing and filing the annual financial information undertaken to be provided; b. Determining whether any event specified in subsection 1 has occurred, assessing its materiality with respect to the Bonds, and, if material, preparing and disseminating notice of its occurrence; c. Determining whether any person other than the City is an "obligated person" within the meaning of the Rule with respect to the Bonds, and obtaining from W:\ Word Processing \Ordinances \General Obligation Bonds.docx KS:ksn 06 /02/2010 Page 11 of 13 such person an undertaking to provide any annual financial information and notice of material events for that person in accordance with the Rule; d. Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and e. Effecting any necessary amendment of the Undertaking. Section 21. Bond Insurance. The City Council finds that it is in the City's best interest to purchase, and that a savings will result from purchasing, the financial guaranty insurance policy for the Bonds. The City is hereby authorized to purchase from the Bond Insurer the financial guaranty insurance policy insuring the prompt payment of the principal of and interest on the Bonds and agrees to the conditions for obtaining such policy, including the payment of the premium therefor. The Mayor and the Finance Director are each independently authorized to execute the Bond Insurer's Commitment to Issue Financial Guaranty Insurance Policy and all other documents on behalf of the City in connection with the financial guaranty insurance policies. Section 22. 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 23. 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Processing\ Ordinances \General Obligation Bonds. docx KS:ksn 06/02/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 12 of 13 I, the undersigned, City Clerk of the City of Tukwila, Washington (the "City hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance is a full, true and correct copy of an ordinance duly passed at a special meeting of the City Council of the City held at the regular meeting place thereof on 2010, as that ordinance appears on the minute book of the City; and the ordinance will be in full force and effect five days after publication in the City's official newspaper; 2. Written notice specifying the time and place of the special meeting and noting the business to be transacted was given to all members of the City Council by mail or by personal delivery at least 24 hours prior to the special meeting, a true and complete copy of which notice is attached hereto as Appendix 1; 3. Written notice of the special meeting was given to each local radio or television station and to each newspaper of general circulation that has on file with the City a written request to be notified of special meetings, or to which such notice customarily is given; and 4. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2010. W: \Word Processing \Ordinances\ General Obligation Bonds.docx KS:ksn 06 /02/2010 CERTIFICATION CITY OF TUKWILA, WASHINGTON Christy O'Flaherty, CMC, City Clerk Page 13 of 13 ISSUE City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Transportation Committee FROM: Lisa Verner, Mayor's Office DATE: April 5, 2010 SUBJECT: Tukwila South Southcenter Parkway Authorize the Mayor to sign various contracts which collectively provide funding and will allow construction to begin on Southcenter Parkway BACKGROUND The Tukwila South Development Agreement calls for the City to relocate and construct a 5 -lane Southcenter Parkway Extension. The City hired David Evans Associates to design the new Southcenter Parkway; a call for bids was advertised on February 25, March 3 and March 10. Nine bids were opened on March 18. The lowest responsible bidder is Scarsella Bros, Inc. The construction bids were reviewed and no mathematical errors were found on Scarsella's bid. The third low bidder submitted a bid protest stating that Scarsella Bros, Inc bid should be rejected as non responsive because the bid amounts were not written out in full by hand; they were listed in numerical form. The contract specifications allow the City to waive any immaterial irregularities such as not writing the bid amount in full by hand; the City Attorney is in agreement. References indicate Scarsella Bros, Inc has performed this type of work in the past and the work has been satisfactory. The construction bid includes Schedule F for additional improvements to the City's water line on Southcenter Parkway from Minkler Blvd to S 180 St. Since the roadway will be under construction for the necessary sewer improvements, the City is taking advantage of a favorable bidding climate for a project that is scheduled in the CIP. Funding is from the Water Enterprise Fund. Over the last several years, the City has secured grant funding for Southcenter Parkway from several sources: federal funds, state Community Economic Revitalization Board (CERB) funds, state Capital Projects funds, and state Transportation Improvement Board (TIB) funds. The federal funds have already been obligated. The City needs to contract with the other three funding sources in order to utilize the grant funds. TIB funds are for construction only, while the CERB and Capital Projects funds may be used for all aspects of the project. Pursuant to CIP Policy, the grant contracts are brought to Council for acceptance. INFORMATIONAL MEMO Page 2 The City interviewed four firms out of nine submittals for construction management services. KBA, Inc. is the firm which best met the City's criteria and needs. The Mayor has signed an initial contract with KBA for $35,000.00 for work started in March. Supplement No. 1 is now needed for the full construction management contract. As part of the arrangement negotiated in the Development Agreement, the City included construction of a water line for Highline Water District in the City's construction bid (Schedule E), will include the work in the construction contract and will sign an Interlocal Agreement with Highline. A portion of the construction is to relocate the existing water line (franchise work) and a portion is to upsize the line (oversize work) in order to serve the new, anticipated Tukwila South development. Highline will reimburse the City for the franchise work and Segale Properties will reimburse the City for the oversizing work. Also pursuant to the Development Agreement, Segale Properties will provide a Letter of Credit to the Escrow Agent for its share of the costs prior to the City signing the construction contract. Also as part of the arrangement negotiated in the Development Agreement, the City will ask Puget Sound Energy (PSE) to underground the existing overhead electric distribution wires as part of the Southcenter Parkway project, pursuant to the franchise and Schedule 74. The City is to sign a Project Plan Agreement and a Construction Agreement with PSE to implement the undergrounding. Under Schedule 74, the costs are split 60/40 with the City responsible for 40 Segale Properties will reimburse the City for the 40% costs ($241,400.00) and will deposit a Letter of Credit for 110% of the estimated costs with the Escrow Agent prior to the City signing PSE's construction contract. DISCUSSION Southcenter Parkway Extension runs from S 180 Street to S 200 Street. The full right -of -way is within the city limits. A Possession Use Agreement for the new right -of -way and construction area was signed by Segale Properties and recorded. In order to begin construction on Southcenter Parkway, the City needs to contract with several granting agencies to accept the grant funds, to conclude agreements with Highline Water District and Puget Sound Energy, to supplement a contract with a construction manager, and to award a bid for construction work. Below is a list of these various contracts: 1. State Capital Projects grant for $3.98 Million 2. State CERB grant for $6 Million 3. TIB Grant for $2 Million 4. Highline Water District Interlocal Agreement 5. Puget Sound Energy Project Plan Agreement for $241,400.00 6. Puget Sound Energy Construction Agreement for $241,400.00 7. Amend Contract 10 -038 for Construction Management and Design Services contract with KBA, Inc for $2,488,950.00 8. Construction Bid Award to Scarsella Bros, Inc for $16,030,030.64 Attached is a chart of the Southcenter Parkway Expenses and Revenues (4 -5 -10) which demonstrates that the City has enough revenues to cover the expenses of this project. Construction Management costs of 15% and a contingency fund of 15% are included in the calculations, pursuant to the Development Agreement. The Development Agreement calls for W:12010 InfoMemos\InfoMemo SCP contracts and ILA 4- 5- 10.doc INFORMATIONAL MEMO Page 3 up to $8.25M in City GO bonds for this project; based on the grants received and low bid amount, the City needs bond funds in the amount of approximately $4.056 Million. RECOMMENDATIONS 1. Discuss authorizing the Mayor to sign the State Capital Proiects arant for $3.98 Million for funding for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting 2. Discuss authorizing the Mayor to sign the State CERB (Community Economic Revitalization Board) arant for $6 Million for funding for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting 3. Discuss authorizing the Mayor to sign the TIB (Transportation Improvement Board) arant for $2 Million for funding for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting 4. Discuss authorizing the Mayor to sign the Hiahline Water District Interlocal Aareement for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting 5. Discuss authorizing the Mayor to sign the Puaet Sound Enerav Proiect Plan Aareement for $241.400.00 for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting 6. Discuss authorizing the Mayor to sign the Puaet Sound Enerav Construction Aareement for $241.400.00 for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting 7. Discuss authorizing the Mayor to sign Amendment #1 to Contract 10 -038 for Construction Manaaement and Desian Services Contract with KBA, Inc for $2,488.949.43 for Southcenter Parkway Extension at Council's April 12, 2010 Committee of the Whole meeting and forward for a decision to April 19, 2010 Regular Meeting 8. Discuss waiving the immaterial bid irregularity and awarding the Southcenter Parkway Extension construction project (all schedules) to Scarsella Bros. Inc for $16.030.030.64 at Council's April 12, 2010 Committee of the Whole meeting and forward for decisions to April 19, 2010 Regular Meeting ATTACHMENTS 1. State Capital Projects grant contract for $3.98 Million 2. State CERB grant contract for $6 Million 3. TIB grant contract for $2 Million 4. Highline Water District Interlocal Agreement W:\2010 InfoMemosUnfoMemo SCP contracts and ILA 4- 5- 10.doc INFORMATIONAL MEMO Page 4 5. Puget Sound Energy Project Plan Agreement for $241,400.00 6. Puget Sound Energy Construction Agreement for $241,400.00 7. Amendment to Contract 10 -038 for Construction Management and Design Services contract with KBA, Inc for $2,488,750.00 8. DEA's Southcenter Parkway Contractor Award Recommendation Letter and Bid Tabulation 9. Southcenter Parkway Expenses and Revenues chart dated 4 -5 -10 W:12010 InfoMemos\InfoMemo SCP contracts and ILA 4- 5- 10.doc Southcenter Parkway 04/5/10 Federal Funds State CERB State Capital Projects TIB City GO Bonds Expenses Schedule A roadway Schedule B sanitary sewer Schedule C building demo Schedule D owner directed Schedule E Highline water Total Base Bid Schedule F Tukwila Water** Total Base Bid with Additives Construction Management (15 Contingency (15 Design costs (DEA Supp #8, #9) On -call design (DEA, in KBA contract) Design costs (Highline) PW Proj Coordinator support PSE Schedule 74 City Construction Management TOTAL COST 8% for Highline water City Water Fund Revenues Total Grants City General Fund* Federal TIB grants for design Supplements 1, 2, 3 Original DEA contract TOTAL Scarsella Bros Inc Bid 11,483,500.00 1,916,251.10 40,000.00 849,500.00 1,367,930.94 15,657,182.04 372,848.60 16,030,030.64 2,308,750.00 2,404,505.00 599,713.00 215,200.00 116,756.00 125,000.00 241,400.00 300,000.00 $22,341,354.64 Original 3,683,000.00 6,000,000.00 3,980,000.00 5,000,000.00 6,000,000.00 24,663,000.00 620,000.00 350,000.00 $25,633,000.00 Reimbursement By Highline /Segale 1,367,930.94 109,434.48 116,756.00 62,500.00 241,400.00 1,898,021.42 Spent/ Unavailable 4,373.00 3,000,000.00 1,944,070.00 625,337.00 345,800.00 $5,919,580.00 Division of Costs City Responsibility (not Tuk So) 372,848.60 55,927.29 300,000.00 728,775.89 Available 3,678,627.00 6,000,000.00 3,980,000.00 2,000,000.00 4,055,930.00 $19,714,557.00 Revenue Less Expenses 0.00 0.00 Tukwila South (City Grants Bonds) 11,483,500.00 1,916,251.10 40,000.00 849,500.00 2,143,388.24 2,404,505.00 599,713.00 215,200.00 62,500.00 19,714,557.33 $19,714,557.00 1 9,714,557.33 -$0.33 City of Tukwila Washington Resolution No. 1 0 c).. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING ITS OFFICIAL INTENT TO REIMBURSE CAPITAL EXPENDITURES IN CONNECTION WITH 1) THE COSTS OF THE SOUTHCENTER PARKWAY CONSTRUCTION AND REALIGNMENT IN THE TUKWILA SOUTH ANNEXATION AREA, TOGETHER WITH RELATED IMPROVEMENTS; 2) COSTS OF RIGHT -OF -WAY ACQUISITION, ARTERIAL IMPROVEMENTS, EXTENSION OF STRANDER BOULEVARD AND RAILROAD CROSSING, TOGETHER WITH RELATED IMPROVEMENTS; AND 3) THE COSTS OF FLOOD CONTROL FACILITIES, EQUIPMENT, MATERIALS AND SUPPLIES FROM PROCEEDS OF A FUTURE BORROWING. WHEREAS, the City of Tukwila, Washington (the "City intends to make expenditures for the Project (identified below) from funds that are available but that are not (and are not reasonably expected to be) reserved, allocated on a long -term basis, or otherwise set aside for those expenditures, and reasonably expects to be reimbursed for those expenditures from proceeds of bonds or other obligations "bonds issued to finance those expenditures; and WHEREAS, certain federal regulations (the "federal reimbursement regulations relating to the use of proceeds of tax exempt bonds to reimburse the issuer of the bonds for expenditures made before the issue date of the bonds require, among other things, that not later than 60 days after payment of the original expenditure the City (or any person designated by the City to do so on its behalf) declare a reasonable official intent to reimburse those expenditures from proceeds of bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Description of Project for which Expenditures are to be Made. The City intends to make (and /or, not more than 60 days before the date of this declaration, has made) expenditures and reasonably expects to reimburse itself for those expenditures from proceeds of bonds for the following project, property, or program (the "Project 1) Costs of Southcenter Parkway construction and realignment in the Tukwila South annexation area, together with related improvements; and 2) Costs of right -of -way acquisition, arterial improvements, extension of Strander Boulevard and railroad crossing, together with related improvements; and 3) Costs of flood control facilities, equipment, materials and supplies. Section 2. Maximum Principal Amount of Obligations Expected to be Issued for the Project. The City expects the maximum principal amount of bonds that will be issued to finance the Project will be $15,500,000. Section 3. Declaration Reasonable. The City Council has reviewed its existing and reasonably foreseeable budgetary and financial circumstances and has determined the City reasonably expects to reimburse itself for expenditures for the Project from W:\ Word Processing \Resolutions \Bond Reimbursement.doc SH:ksn 12/02/2009 Page 1 of 2 proceeds of bonds because the City has no funds available that already are or are reasonably expected to be reserved, allocated on a long -term basis or otherwise set aside by the City for those expenditures on the Project. Section 4. Limitations on Uses of Reimbursement Amounts. The City will not, within one year after the expected reimbursement, use amounts corresponding to proceeds received from bonds issued in the future to reimburse the City for previously paid expenditures for the Project in any manner that results in those amounts being treated as replacement proceeds of any tax exempt bonds, i.e., as a result of being deposited in a reserve fund, pledged fund, sinking fund or similar fund (other than a bona fide debt service fund) that is expected to be used to pay principal of or interest on tax exempt bonds. Nor will the City use those amounts in any manner that employs an abusive arbitrage device to avoid arbitrage restrictions. Section 5. Date of Declaration. This declaration of official intent shall be dated as of the date of adoption of this resolution. Section 6. Ratification and Confirmation. Any actions of the City or its officers prior to the date thereof and consistent with the terms of this resolution are ratified and confirmed. PASSED BY THE CITY COUNCIL OF THE CITY OF UK �WI LA, WASHINGTON, at a Regular Meeting thereof this 1T day of Q �i 2009. ATTEST/ AUTHENTICATED: Chris CMC, City Clerk APPROVED AS T FORM BY: Officeccr6he dty At arney W Word Processing\ Resolutions\ Bond Reimbursement.doc SH:ksn 12/02/2009 JoArt Council President' Filed with the City Clerk: Passed by the City Council: Resolution Number: 1 'J D c. Page 2 of 2 Emergency Preparedness Capital Asset List Summary by Asset Category Software IT Communication Furniture /Fixture /Equipment Structure Logs Ctr Equip IT Logs Ctr Equip Logs Ctr Equip Logs Ctr Equip Logs Ctr Equip Logs Ctr Equip Logs Ctr Equip Logs Ctr Equip Logs Ctr Equip Fire /Police DCD DCD DCD DCD DCD DCD DCD DCD DCD DCD DCD DCD Prk &Rec Prk &Rec Prk &Rec Prk &Rec Prk &Rec Prk &Rec Large DOC ECC Basic Load ECC Basic Load Item communication equipment, various Citywide phone system replacement Fencing Power Pallet Jack Racking, Starter (L10' H10 W42 Racking, Add On (L10' H10 W42 Manual Power Jack Pressure Washer /Steam Cleaner Frieght Scale 48 X48 Air Compressor Command Unit Moisture meters Laser measuring device Hip boots 6 vehicles 3 person teams Electrical voltage tester kits Digital Cameras w /battery chargers Flashlights, headlamps, extra batteries Gas leak detectors Measuring wheels Tool bags Rain gear, heavy duty Hardhats Posting placards Utility Vehicle Fencing Fencing Triple Burner Stove for Shelter Operations Child Seats Reflective Vests City of Tukwila Volunteer Computer, Laptop, with software, IBM Think P R -500 Google Earth Enterprise AutoCad MAP ECC Basic Load Trailer EW2224W ECC Basic Load 16 port cisco switch SR2016 IT Touch Screens DELL 5 6 8 10 30 Model Number Manufacture 332,034.00 104,310.00 554,000.00 326,877.00 227,010.00 1,544,231.00 I TBD TBD 2LEB9 Dayton 1 KBG6 Wireway Husky 1KBH9 Wireway Husky 4YX96 Dayton GH- 1502 -LM10 MI -T -M 3CWN3 Mettler Toledo 2MLW2 Speedaire Police Response trailer* ($200,000 is secured) 000.13.525.100.31.00 Moisture meters Furniture /Fixture /Equipme Laser measuring device Hip boots 6 vehicles 3 person teams Electrical voltage tester kits Digital Cameras w /battery chargers Flashlights, headlamps, extra batteries Gas leak detectors Measuring wheels Tool bags Rain gear, heavy duty Hardhats Posting placards Toro is $7,000 IBM 0 0 Wells Cargo Cisco For Remote TimeKeeping Stations, used in conjunction with Renton's Timekeeping Program 0 0 Need 1,660,170.00 625,860.00 4,432,000.00 3,268,770.00 6,810,300.00 16,797,100.00 Notes 1 1 1 Fencing for secu 1 Grainger 14 Grainger 42 Grainger 1 Grainger 1 Grainger 1 Grainger 1 Grainger 1 6 6 18 6 4 12 6 6 6 18 12 4 500 10 0 0 0 0 22' X 102" Trailer to store and transport Cache w/ workspace. And 1 Generator. 1 0 5 9.88% 0.4942 3.73% 0.2236 26.39% 2.1108 19.46% 1.9460 40.54% 12.1633 16.9380 Weighted Average Life of Equipment Unit price Total 20,000.00 20,000.00 534,000.00 534,000.00 7,000.00 7,000.00 6,641.00 6,641.00 881.50 12,341.00 709.50 29,799.00 867.00 867.00 3,524.00 3,524.00 1,718.00 1,718.00 549.00 549.00 350,000.00 150, 000.00 500.00 3,000.00 550.00 3,300.00 100.00 1,800.00 225.00 1,350.00 450.00 1,800.00 150.00 1,800.00 250.00 1,500.00 175.00 1,050.00 100.00 600.00 200.00 3,600.00 50.00 600.00 800.00 3,200.00 7,000.00 1,000.00 500.00 500.00 2,000.00 20.00 10,000.00 1,298.00 12,980.00 20,000.00 20,000.00 4,999.00 9,998.00 Asset Cateaory Communications Communications Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer Fumiture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture/Fixture/Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture/Fixture/Equipmer Furniture /Fixture /Equipmer Furniture/Fixture/Equipmer Furniture /Fixture /Equipmer Furniture /Fixture /Equipmer Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer Furniture/Fixture/Equipmer 24,000.00 24,000.00 Furniture /Fixture /Equipmer 215.00 215.00 Furniture /Fixture /Equipmer Life 8 8 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 529.00 2,645.00 Furniture /Fixture /Equipmer 10 Item Logs Ctr Equip IT, Laptop, with software, IBM Think Pad IT Laptops w/ 15 screen IT IT IT IT Cisco Catalyst 3560 24 port Cisco GBIC for 3560 Watchguard 1250e firewallw/ UTM Bundle TB External Hard Drive HP StorageWorks SAN IT Server with Virtualizing Software ECC Basic Load AutoCad 2010 IT IT IT Misc Online Timekeeping Software Cold Fusion V9 Enterprise Agreement 6300 Building Backup Power Model Number R -500 DELL CISCO CISCO OTHER SOURCE OTHER SOURCE HP DELL OTHER SOURCE OTHER SOURCE Microsoft Manufacture IBM For other departments To replace existing 10/100 Mbps switches that can't be managed remotely and will not allow large format files or video conferencing. Some switches will need more than one GBIC to daisy -chain VPN connectivity if 6300 system is down /lack of power Portable storage for IT Specialty Departmental uses Storage -Area Network for data storage redundancy Supporting up to 8 virtual servers. Specs:PowerEdge 2900 Intel Quad Core CPU, 16GB RAM, 8 TB hard drive space, non -rack mount 0 0 To implement Renton's Time Clock Program; will allow project accounting efficiency To implement Renton's Time Clock Program; will allow project accounting efficiency Per WA DIS bid dated 9/1/2009 (covers ALL City ITs and laptops) Need 4 4 6 12 1 6 2 2 0 Notes Unit orice Total Asset Category 1,298.00 5,192.00 IT 1,762.00 7,048.00 IT 3,300.00 600.00 2,520.00 125.00 18,000.00 19,800.00 IT 7,200.00 IT 2,520.00 IT 750.00 IT 36,000.00 IT 12,900.00 25,800.00 IT 0 4,000.00 8,000.00 Software 12,600.00 12,600.00 Software 1,300.00 1,300.00 Software 310,134.00 310,134.00 Software 227,010.00 Structures 1,544,231.00 Life 6 6 6 6 6 6 6 5 5 5 5 30 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: June 2, 2010 SUBJECT: Animal Care Interlocal Agreement ISSUE The City of Tukwila has received animal control services through an interlocal agreement with King County for many years. The City also shares the cost of an animal control officer with the City of SeaTac for enhanced services. Due to budgetary constraints and a desire on the part of the King County Council to pursue a full -cost recovery model, King County will fundamentally alter how they provide animal control services to cities that continue to contract with them. Specifically, the County will close their animal shelter to cities by June 30, 2010 unless a regional strategy to provide animal control services can be created, negotiated and implemented. The County has finalized what they consider to be their best, lowest cost, option for cities to participate in a regional animal services model. The new model forms the basis of the interlocal agreement that Council is being asked to hereby consider and approve. BACKGROUND The County's new model for animal care and control was presented to the Committee of the Whole meeting on April 26, 2010. The attached interlocal agreement and supporting documents incorporate changes from that date. The most significant change is the removal of certain cities that have opted out of the regional model altogether, or have expressed an intent to only participate through the end of 2010 as they put their own animal services model together. Cities opting out of the regional model include Bothell and Burien. The removal of Burien impacted the costs for Tukwila because each district shares the burden of certain costs like animal control field services. With Burien removed, there were fewer cities in the south county area to spread these costs over. The annual increase in costs from what was presented on April 26 is approximately $11,000. (The actual impact is not known at this time as costs will depend on shelter intake, calls for service, etc). Relatively all other terms of the new animal control model remain the same as what was presented at COW on April 26 DISCUSSION The County has provided overall cost information to the cities for field services, sheltering and licensing under the new regional model recently developed. The total estimated cost for animal services is $5,601,800, broken down into $1,698,500 for field services, $3,004,900 for sheltering and $898,400 for licensing. INFORMATIONAL MEMO Page 2 The County's estimated cost for Tukwila for field services ($47,153) assumes one animal control officer for forty hours per week to cover the "240" district, which includes Kent, Tukwila, SeaTac and Vashon Island. The County estimates that services to Vashon Island are minimal, essentially making the service delivery to just the three cities and small portions of unincorporated area near Tukwila. Animal control for the entire County would include one animal control officer in each of the four districts, plus two other officers for backup coverage during sick leave, vacations, training, etc. Some additional resources would be shared county -wide, such as a field sergeant, an animal cruelty sergeant and three FTE positions in dispatch. Off -duty hours would be covered by either on -call animal control officers who are called back to duty, or King County Sheriff's Office deputies. Total estimated costs for Tukwila for field services are based on a three -year average of 373 calls for service from 2007 -2009. Estimated sheltering costs for Tukwila ($84,411) are based on a 50/50 allocation of usage at the Kent shelter and City population. The combination of usage and population effectively spreads the cost of the Kent shelter over a larger number of King County cities. Had the costs been allocated strictly based on shelter usage, the amounts allocated to south King County cities would have been considerably higher. Despite the fact that several north King County cities will be contracting with PAWS for sheltering services, they would still contribute to system -wide sheltering costs. The County's cost estimate for Tukwila is based on an average intake for the last two years of 268 animals at the Kent shelter. Estimated licensing costs for Tukwila ($12,915) are allocated based on total system costs divided by a three -year average for licenses issued (1,207 for Tukwila). The cost of licensing system -wide include issuance of the licenses, maintenance of owner information to assist with tracking and placement of lost pets, preparation and distribution of marketing materials for licensing purposes, pet owner education programs, and public outreach in an attempt to increase licensing rates within each city. The County has a deadline of June 30 for cities to opt in to the regional model and formally approve and execute the new interlocal agreement. RECOMMENDATION The administration is requesting authorization for the Mayor to execute the interlocal agreement with King County for animal care services. The interlocal agreement will be for a two and a half year term, effective July 1, 2010. This item is scheduled to be discussed at the June 8, 2010 Finance and Safety Committee meeting, the June 14 Committee of the Whole meeting, and the June 21 Regular meeting. ATTACHMENTS Animal Services Interlocal Agreement W:12010 InfoMemos\AnlmalServices LA.docx Animal Services Interlocal Agreement, This AGREEMENT is made and entered into this 1St day of July, 2010, by and between KING COUNTY, a Washington municipal corporation and legal subdivision of the State of Washington (the "County and the City of TUKWILA a Washington municipal corporation (the "City WHEREAS, the provision of animal control, sheltering and licensing services protects public health and safety and promotes animal welfare; and WHEREAS, providing such services on a regional basis allows for enhanced coordination and tracking of regional public and animal health issues, consistency of regulatory approach across jurisdictional boundaries, economies of scale, and ease of system access for the public; and WHEREAS, the City pursuant to the Interlocal Cooperation Act (RCW Chapter 39.34) is authorized and desires to contract with the County for the performance of Animal Services; and WHEREAS, the County is authorized by the Interlocal Cooperation Act, Section 120 of the King County Charter and King County Code 11.02.030 to render such services and is willing to render such services on the terms and conditions hereinafter set forth; and WHEREAS, the County is offering a similar form of Animal Services Interlocal Agreement to all cities in King County other than the City of Seattle, and has received a statement of intent to sign such agreement from all Cities listed in Exhibit C -1 to this Agreement; NOW THEREFORE, in consideration of the promises, covenants and agreements contained in this Agreement, the parties agree as follows: 1. Definitions. Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this Agreement: a. "Agreement" means this Animal Services Interlocal Agreement between the Parties including any and all Exhibits hereto, unless the context clearly indicates an intention to reference all such Agreements by and between the Contracting Parties. b. "Animal Services" means Control Services, Shelter Services and Licensing Services combined, as these services are described in Exhibit A. Document Dated 5 -28 -10 1 2. Services Provided. The County will provide the City with Animal Services described in Exhibit A. The County will perform these services consistent with governing City ordinances adopted in accordance with Section 3. In providing such Animal Services consistent with Exhibit A, the County shall have sole discretion as to the staffing assigned to receive and dispatch calls and shall be the sole judge as to the most expeditious, efficient and effective manner of handling and responding to calls for Animal Services. Except as set forth in Section 9 (Indemnification and Hold Harmless), services to be provided by the County pursuant to this Agreement Document Dated 5 -28 -10 c. "Enhanced Control Services" are additional Control Services that the City may purchase under certain terms and conditions as described in Exhibit E (the "Enhance Control Services Contract d. "Contracting Cities" means all cities that are parties to an Animal Services Interlocal Agreement that has gone into effect as of July 1, 2010, per Section 15. e. "Parties" means the City and the County. f. "Contracting Parties" means all Contracting Cities and the County. g. "Estimated Payment" means the amount the City is estimated to owe to the County for the provision of Animal Services over a six month period per the formulas set forth in Exhibit C. The Estimated Payment calculation may result in a credit to the City payable by the County. h. "Preliminary Estimated 2010 Payment" means the preliminary estimate of the amount that will be owed by (or payable to) each Contracting Party on January 15, 2011, as shown on Exhibit C -1. i. "Final Estimated 2010 Payment" means the amount finally determined and owed by each Contracting Party, on January 15, 2011, based on the number of Contracting Cities with respect to which the Agreement goes into effect per Sectionl5. j. "Control District" means one of the four geographic areas delineated in Exhibit B for the provision of Animal Control Services. k. "Reconciliation Adjustment Amount" means the amount payable each August 15 (commencing 2011) by either the City or County as determined per the reconciliation process described in Exhibit D in order to reconcile the Estimated Payments made for the prior Service Year as compared to actual cost, revenue, population and usage data for such Service Year, so that Cities pay for Animal Services based on actual (rather than estimated) data. 1. "Service Year" means the calendar year in which Animal Services are or were provided; provided that in 2010, the Service Year is the period from July 1, 2010 December 31, 2010. 2 do not include legal services, which shall be provided by the City at its own expense. a. Enhanced Control Services. The City may request Enhanced Control Services by completing and submitting Exhibit E to the County at any time before August 1, 2011. Enhanced Services will be provided subject to the terms and conditions described in Exhibit E. As further detailed in Exhibit E, if a request for Enhanced Control Service is made after the commencement of this Agreement, the County shall decide when and if the service begins based on the necessity for and ability of the County to hire additional staff to provide the service and the increment of service requested. 3. City Obligations. a. Animal Regulatory Codes Adopted. The City shall promptly enact an ordinance or resolution that includes license, fee, penalty, enforcement, impound/ redemption and sheltering provisions that are substantially the same as those of Title 11 King County Code as now in effect or hereafter amended (hereinafter "the City Ordinance The City shall advise the County of any City animal care and control standards that differ from those of the County. b. Authorization to Act on Behalf of City. The City authorizes the County to act on its behalf in undertaking the following: i. Determining eligibility for and issuing licenses under the terms of the City Ordinance, subject to the conditions set forth in such laws. ii. Enforcing the terms of the City Ordinance, including the power to issue enforcement notices and orders and to deny, suspend or revoke licenses issued thereunder. iii. Conducting administrative appeals of those County licensing determinations made and enforcement actions taken on behalf of the City. Such appeals shall be considered by the King County Board of Appeals unless either the City or the County determines that the particular matter should be heard by the City. iv. Nothing in this Agreement is intended to divest the City of authority to independently undertake such enforcement actions as it deems appropriate to respond to alleged violations of City ordinances. c. Cooperation and Licensing Support. The City will assist the County in its efforts to inform City residents regarding animal codes and regulations and licensing requirements and will promote the licensing of pets by City residents through various means as the City shall reasonably determine, including but not limited to offering the sale of pet licenses at City Hall, mailing information to residents (using existing City communication Document Dated 5 -28 -10 3 5. Compensation. The County will develop an Estimated Payment calculation for each Service Year using the formulas described in Exhibit C, and shall transmit the 4. Term. This Agreement will take effect on July 1, 2010 and unless extended pursuant to Subparagraph 4.a below, shall remain in effect for a term of two and one -half years ending on December 31, 2012. Notwithstanding anything in this section to the contrary, this Agreement shall remain in effect for only 60 days if the Minimum Contracting Requirements in Section 15 (Terms to Implement Agreement) are not met. The Agreement may not be terminated for convenience. Document Dated 5 -28 -10 mechanisms such as utility bill inserts or community newsletters) and posting a weblink to the County's animal licensing program on the City's official website. The City will provide accurate and timely records regarding all pet license sales processed by the City to the County; all proceeds of such sales shall be remitted to the County by the City on a quarterly basis (no later than each March 31, June 30, September 30, and December 31). a. Extension of Term. i. Automatic Extension of Agreement. This Agreement shall be automatically extended for an additional two year term, ending on December 31, 2014; provided that such an automatic extension shall not occur if any Contracting Party has provided a written Notice of Intent to Not Automatically Extend as provided in subsection (ii) below. ii. Notice of Intent to Not Automatically Extend. Any Party may chose to not automatically extend its Agreement by providing a written notice of such intent to the other Party no later than May 1, 2012. The County will include a written reminder of this May 1 deadline when providing the City notice of its 2012 Estimated Payments (notice due December 15, 2011 per Section 5). iii. Process for Agreed Extension. Upon receiving or issuing a Notice of Intent to Not Automatically Extend pursuant to subsection (ii), the County shall arrange for the Contracting Parties to meet no later than June 1, 2012, in order to confer on whether they wish to extend their respective Agreements given revised costs and other implications resulting from the potential reduced number of Contracting Parties. Contracting Parties wishing to extend their respective Agreements through December 31, 2014 may mutually agree in writing to do so by no later than July 1, 2012. Absent such an agreed extension, the Agreement shall terminate on December 31, 2012. 4 payment information to the City according to the schedule described below. The County will also calculate and inform the City as to the Reconciliation Adjustment Amount on or before June 30 of each year, as described in Section 6 below and Exhibit D, in order to reconcile the Estimated Payments made by the City in the prior Service Year. The City (or County, if applicable) will pay the Estimated Payment, and any applicable Reconciliation Adjustment Amounts, as and when described as follows (a list of all payment related notices and dates is included at Exhibit C -7): a. Service Year 2010: Animal Services Provided from Tuly 1 through December 31. 2010. On or before August 1, 2010, the County shall provide notice to each Contracting Party of the Final Estimated 2010 Payment schedule. The Final Estimated 2010 Payment will be derived from the Preliminary Estimated 2010 Payment Amount set forth in Exhibit C -1, adjusted based on the final Contracting Cities. The City shall pay the County the Final Estimated 2010 Payment on or before January 15, 2011; provided that, if the calculation of the Final Estimated 2010 Payment shows the City is entitled to receive a payment from the County, the County shall pay the City the amount owing on or before such date. The County will issue a notice of the City's Reconciliation Adjustment Amount for Service Year 2010 on or before June 30, 2011. The Reconciliation Adjustment Amount shall be payable on or before August 15, 2011. b. Service Years after 2010. i. Initial Estimate by August 1. To assist the City with its budgeting process, the County shall provide the City with a non binding, preliminary estimate of the Estimated Payments for the upcoming Service Year on or before each August 1. ii. Estimated Payment Determined by December 15. The Estimated Payment amounts for the upcoming Service Year will be determined by the County following adoption of the County's budget and applying the formulas in Exhibit C. The County will by December 15 provide written notice to all Contracting Parties of the schedule of Estimated Payments for the upcoming Service Year. iii. Estimated Payments Due Each Tune 15 and December 15. The City shall pay the County the Estimated Payment Amount on or before each June 15 and December 15. If the calculation of the Estimated Payment shows the City is entitled to receive a payment from the County, the County shall pay the City such amount on or before each June 15 and December 15. Document Dated 5 -28 -10 5 iv. The Reconciliation Adjustment Amount for the prior Service Year shall be payable on or before August 15 of the following calendar year, as described in Section 6. v. If a Party fails to pay an Estimated Payment or Reconciliation Adjustment Amount within 15 days of the date owed, the Party owed shall notify the owing Party which shall have ten (10) days to cure non payment. In the event the Party fails to cure its nonpayment, the amount owed shall accrue interest thereon at the rate of 1% per month from and after the original due date and, in the event the nonpaying Party is the City, the County at its sole discretion may withhold provision of Animal Services to the City until all outstanding amounts are paid. In the event the nonpaying Party is the County, the City may withhold future Estimated Payments until all outstanding amounts are paid. Each Party may examine the other's books and records to verify charges. vi. Unless the Parties otherwise direct, payments shall be submitted to the addresses noted at Section 14.h. c. Payment Obligation Survives Expiration or Termination of Agreement. The obligation of the City (or as applicable, the County), to pay an Estimated Payment Amount or Reconciliation Adjustment Amount for a Service Year included in the term of this Agreement shall survive the Expiration or Termination of this Agreement. For example, if this Agreement terminates on December 31, 2010, the Final Estimated 2010 Payment is nevertheless due on or before January 15, 2011, and the Reconciliation Adjustment Amount shall be payable on or before August 15, 2011. d. The Parties agree the payment and reconciliation formulas in this Agreement (including all Exhibits) are fair and reasonable. 6. Reconciliation of Estimated Payments and Actual Costs and Revenues. In order that the Contracting Parties share costs of the regional Animal Services system based on their actual, rather than estimated, use of Animal Services, there will be an annual reconciliation of actual costs and usage. Specifically, on or before June 30 of each year, the County will reconcile amounts owed under this Agreement for the prior Service Year by comparing each Contracting Party's Estimated Payments to the amount derived by recalculating the formulas in Exhibit C using actual cost, revenue, usage and population data for such Service Period as detailed in Exhibit D. The County shall provide the results of the reconciliation to all Contracting Parties in writing on or before June 30. The Reconciliation Adjustment Amount shall be payable on August 15 of the then current year, regardless of the prior termination of the Agreement as per Section 5.c. Document Dated 5 -28 -10 6 7. Transitional Licensing Revenue Support Services. The County will provide enhanced licensing marketing services in 2010 as described in this section to the five cities with the lowest per- capita rates of licensing revenue shown on Exhibit C -5 (the "Licensing Revenue Support Cities but any such city shall receive these services only if the effective term (determined per Section 15) of its specific Agreement is for two- and one half years. a. The marketing support services include, on a "per unit" basis, approximately $20,000 in County staff and materials support (which may include use of volunteers or other in -kind support) and is estimated to generate 1,250 new licenses (equivalent to approximately $30,000 in licensing revenue). i. Licensing Revenue Support Cities over 100,000 in population will each receive two units of enhanced licensing marketing support. ii. Licensing Revenue Support Cities less than 100,000 in population will share in one unit of enhanced licensing marketing support. b. Receipt of a unit of licensing revenue support is subject to the receiving City providing in -kind services, including but not limited to: assisting in communication with City residents; publicizing any canvassing efforts the Parties have agreed should be implemented; assistance in recruiting canvassing staff, if applicable; and providing information to the County to assist in targeting its canvassing activities, if applicable. 8. Mutual Covenants/Independent Contractor. Both Parties understand and agree that the County is acting hereunder as an independent contractor with the intended following results: a. Control of County personnel, standards of performance, discipline, and all other aspects of performance shall be governed entirely by the County; b. All County persons rendering service hereunder shall be for all purposes employees of the County, although they may from time to time act as commissioned officers of the City; c. The County contact person for the City regarding citizen complaints, service requests and general information on animal control services is the Manager of Regional Animal Services. 9. Indemnification and Hold Harmless. a. City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them Document Dated 5 -28 -10 7 Document Dated 5 -28 -10 relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. County Held Harmless. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. c. Liability Related to City Ordinances. Policies. Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility that arises in whole or in part as a result of the application of City ordinances, policies, rules or regulations that are either in place at the time this Agreement takes effect or differ from those of the County; or that arise in whole or in part based upon any failure of the City to comply with applicable adoption requirements or procedures. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and /or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. d. Waiver Under Washington Industrial Insurance Act.. The foregoing indemnity is specifically intended to constitute a waiver of each party's 8 immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 10. Dispute Resolution. Whenever any dispute arises between the Parties or between the Contracting Parties under this Agreement which is not resolved by routine meetings or communications, the disputing parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting shall include the Chief Executive Officer (or his/her designee) of each party involved in the dispute and the Manager of the Regional Animal Services Program. If the parties do not come to an agreement on the dispute, any party may pursue mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute shall share equally the costs of mediation and assume their own costs. 11. Joint City County Committee and Collaborative Initiatives. A committee composed of 3 county representatives (appointed by the County) and one representative from each City that has signed a like Agreement and chooses to appoint a representative shall meet not less than twice each year. Committee members may not be elected officials. The Committee shall review service issues and make recommendations regarding efficiencies and improvements to services and shall review and make recommendations regarding the conduct and findings of the collaborative initiatives identified below. Subcommittees to focus on individual initiatives may be formed, each of which shall include membership from both county and city members of the Joint City County Committee. Recommendations of the Joint City County Committee are non binding. The collaborative initiatives to be explored shall include: a. Proposals to update animal services codes, including fees and penalties, as a means to increase revenues and incentives for residents to license, retain, and care for pets. b. Exploring the practicability of engaging a private for profit licensing system operator. c. Pursuing linkages between County and private non profit shelter and rescue operations to maximize opportunities for pet adoption, reduction in homeless pet population, and other efficiencies. Document Dated 5 -28 -10 9 12. Reporting. The County will provide the City with an electronic report not less than twice each year summarizing call response and system usage data for each of the Contracting Cities and the County and the Animal Services system. The formatting, content and details of the report will be developed in consultation with the Joint City County Committee. 13. Amendments. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of the County and at least two thirds (66 of the legislative bodies of all other Contracting Parties to this Agreement (in both number and in the percentage of the prior total Estimated Payments owing from such Contracting Parties in the then current Service Year), evidenced by the authorized signatures of such approving Parties as of the effective date of the amendment; provided that any amendment to this Agreement affecting the Party contribution responsibilities, hold harmless and indemnification requirements, provisions regarding duration, termination or withdrawal, or the conditions of this Section shall require consent of the legislative authorities of all Parties. 14. General Provisions. a. Other Facilities. The County reserves the right to contract with other shelter service providers for housing animals received from within the City or from City residents, whose levels of service meet or exceed those at the County Document Dated 5 -28 -10 d. Promoting licensing through joint marketing activities of cities and the County, including recommending where the County's marketing efforts will be deployed each year. e. Exploring options for increasing service delivery efficiencies across the board. f. Studying options for repair and /or replacement of the Kent Shelter. g. Reviewing results of a compensation and classification study which the County agrees to complete by July 1, 2011, benchmarking the County's Animal Services staffing policies as compared to other publicly operated animal services systems. h. Review the results of the County's calculation of the Reconciliation Adjustment Amounts. i. Reviewing preliminary proposed budgets for Animal Services. j. Providing input into the formatting, content and details of periodic system reports as per Section 12 of this Agreement. k. Reviewing and providing input on proposed Animal Services operational initiatives. 10 Document Dated 5 -28 -10 shelter for purposes of addressing shelter overcrowding or developing other means to enhance the effectiveness, efficiency or capacity of the animal care and sheltering system within King County. b. Severabilitv,. The invalidity of any clause, sentence, paragraph, subdivision, section or portion thereof, shall not affect the validity of the remaining provisions of the Agreement. c. Survivability. Notwithstanding any provision in this Agreement to the contrary, the provisions of Section 9 (Indemnification and Hold Harmless) shall remain operative and in full force and effect, regardless of the withdrawal or termination of this Agreement. d. Waiver and Remedies. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Failure to insist upon full perfoimance of any one or several occasions does not constitute consent to or waiver of any later non performance nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. The Parties are entitled to all remedies in law or equity. e. Grants. Both Parties shall cooperate and assist each other toward procuring grants or financial assistance from governmental agencies or private benefactors for reduction of costs of operating and maintaining Animal Services programs and the care and treatment of animals in those programs. f. Force Maieure. In the event either Party's performance of any of the provisions of this Agreement becomes impossible due to war, civil unrest, and any natural event outside of the Party's reasonable control, including fire, storm, flood, earthquake or other act of nature, that Party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and /or restored. g. Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. h. Notices. Except as otherwise provided in this Agreement, any notice required to be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested or by personal service to the following person: For the City: CITY OF TUKWILA 6200 SOUTHCENTER BLVD. TUKWILA, WA 98188 ATTN: SHAWN HUNSTOCK, FINANCE DIRECTOR 11 For the County: Caroline Whalen, Director King County Dept. of Executive Services 401 Fifth Avenue, Suite 610 Seattle WA. 98104 i. Assignment. No Party may sell, transfer or assign any of its rights or benefits under this Agreement without the approval of the other Party. j. Venue. The Venue for any action related to this Agreement shall be in Superior Court in and for King County, Washington. k. Records. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection and review by the County or City for such period as is required by state law (Records Retention Act, Ch. 40.14 RCW) but in any event for not less than 1 year following the expiration or termination of this Agreement. 1. No Third Party Beneficiaries. This Agreement is for the benefit of the Parties only, and no third party shall have any rights hereunder. m. Counterparts. This Agreement and any amendments thereto, shall be executed on behalf of each Party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 15. Terms to Implement Agreement. Because it is unknown how many parties will ultimately approve the Agreement, and participation of each Contracting Party impacts the costs of all other Contracting Parties, the Agreement will go into effect for the full proposed two and a half year term only if certain Minimum Contracting Requirements are met or waived as described in this section; provided further, that if such conditions are not met, then the Agreement will go into effect for a six month term per subparagraph (c) or a 60 -day emergency period as provided for below under subparagraph (d). The Minimum Contracting Requirements include: a. For both the City and the County: i. 2010 Payment Test: The Final Estimated 2010 Payment, calculated including the County and all Cities that have executed the Agreement prior to July 1, 2010 (regardless of whether such Contracting Parties have opted for a 6 month or 2.5 year initial term), does not exceed the Preliminary Estimated 2010 Payment as set forth in Exhibit C -1 by more than five percent (5 or $3,500, whichever is greater. Either Party may waive its failure to meet this test in order to allow the Agreement to go into effect for the 6 month term. Document Dated 5 -28 -10 12 16. Administration. This Agreement shall be administered by the County Administrative Officer or his/her designee, and by the City TUKW I LA or his/her designee. Document Dated 5 -28 -10 ii. Implied 2011 Payment Test: In addition, if the City has agreed to an initial term of 2.5 years, the Final Estimated 2010 Payment, calculated including the County and those Cities that have similarly opted for an Initial Term of 2.5 years, does not exceed the Preliminary Estimated 2010 Payment shown for the Party in Exhibit C -1(A) by more than five percent (5 or $3,500, whichever is greater. Either Party may waive its failure to meet this test in order to allow the Agreement to go into effect for the 2.5 year term. b. For the County: the Minimum Contiguity of Service Condition must be met, such that the County is only obligated to enter into the Agreement if the County will be providing Animal Services in areas contiguous to the City, whether by reason of having an Agreement with another City or due to the fact that the City is contiguous to unincorporated areas (excluding unincorporated islands within the City limits). The Minimum Contiguity of Service Condition may be waived by the County in its sole discretion. c. Term of Agreement Limited to Six Months if Implied 2011 Payment Test Not Met: If the County's Minimum Contiguity of Service Requirement is met or waived by the County and the 2010 Payment Test with respect to both Parties is met or waived, but the 2011 Test is not met or waived for both Parties, then the Agreement shall take effect for a term of only six months (expiring December 31, 2010). d. Emergency 60 -day agreement. Notwithstanding the foregoing, if the 2010 Payment Test is not met, then regardless of whether the County's Minimum Contiguity of Service Requirement is met, this Agreement shall go into effect on July 1, 2010, on an emergency basis for a period of 60 -days, terminating August 31, 2010. The City shall by January 15, 2011, pay the Final Estimated 2010 Payment calculated in accordance with Section 6.a, pro -rated to reflect the 60 day (rather than 6- month) term, provided further that there will be no reconciliation of the Estimated Payment amounts so paid. 13 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed effective as of July 1, 2010. King County Date Date King County City Attorney Deputy Prosecuting Attorney Date Date Document Dated 5 -28 -10 City of TUKW I LA JIM HAGGERTON, MAYOR Dow Constantine King County Executive City Manager Mayor Approved as to Form: Approved as to Form: 14 Exhibit A: Animal Services Description List of Exhibits Exhibit B: Control Services District Map Description Exhibit B Map of Control Service District, as initially applicable Exhibit B Map of Control Service Districts beginning January 1, 2011 Exhibit C: Calculation of Estimated Payments Document Dated 5 -28 -10 Exhibit C -1: Preliminary Estimated 2010 Payment (Annualized) (showing participation only by those jurisdictions that have expressed interest as of May 27, 2010 in contracting for either 6 months or 2.5 years)) Exhibit C -1(A): "Implied 2011" Estimated Payments for purposes of Section 15.a.2 (2010 Estimated Payment (Annualized) showing participation only of those jurisdictions that indicated they are seeking a 2.5 year Agreement— Actual Estimated 2011 Payments will be different, based on adjustments for 2011 Budgeted Total Allocable Costs, revised Revenue estimates, and application of Budget Inflator Cap) Exhibit C -2: Population, Calls for Service, Shelter Use and Licensing Data for Jurisdictions, Used to Derive the Preliminary and Final Estimated 2010 Payment Exhibit C -3: Calculation of Budgeted Total Allocable Animal Services Costs, Budgeted Total Non Licensing Revenue and Budget Net Allocable Animal Services Costs for 2010 Exhibit C -4: Transition Credit, Resident Usage Credit and Impact Mitigation Credit Calculation and Allocation Exhibit C -5: Cities receiving Transitional Licensing Revenue Support in 2010 Exhibit C -6: Summary of Calculation Periods for Use and Population Components Exhibit C -7: Payment and Calculation Schedule 15 Exhibit D: Reconciliation Exhibit D -1: Calculation of Support Cost Adjustment Factor Associated with Enhanced Control Service ("0") Exhibit E: Enhanced Control Services Contract (Optional) Document Dated 5 -28 -10 16 Document Dated 5 -28 -10 Exhibit A Animal Service Description Part I: Control Services Control Services include the operation of a public call center, the dispatch of animal control officers in response to calls, and the handling of calls in the field by animal control officers, including the collection and delivery of animals to the Kent Shelter (or such other shelters as the County may utilize in accordance with this Agreement). 1. Call Center a. The County will operate an animal control call center Monday through Friday every week (excluding holidays and County- designated furlough days, if applicable) for a minimum of eight hours per day (normal business hours). The County may adjust the days of the week the call center operates based on the final choice of Control District service days. b. The animal control call center will provide callers with guidance, education, options and alternative resources as possible /appropriate. c. When the call center is not in operation, callers will hear a recorded message referring them to 911 in case of emergency, or if the event is not an emergency, to either leave a message or call back during regular business hours. 2. Animal Control Officers a. The County will divide the area receiving Control Services into Control Districts. Each of the geographic Control Districts, as shown on Exhibit B will be staffed with one Animal Control Officer (ACO) five consecutive days per -week. (such days to be selected by the County) for not less than eight hours per -day "Regular ACO Service Hours subject to the limitations provided in this Section. Except as the County may in its sole discretion determine is necessary to protect officer safety, Animal Control Officers shall be available for responding to calls within their assigned Control District and will not be generally available to respond to calls in other Control Districts. Exhibit B -1 shows the map of Control Districts for the period from July 1 through December 31, 2010; Exhibit B -2 shows the map of Control Districts for the period after 2010. The daily eight -hour service period shall be determined by the County and shall start not earlier than 7 a.m. and end not later than 7 p.m. Countywide, the County will have a total of not less than 6 Animal Control Officers (Full -Time Equivalent employees) on staff to maximize the ability of the County to staff each Control District notwithstanding vacation, sick leave, and other absences, and to respond to 17 Document Dated 5 -28 -10 high workload areas on a day -to -day basis. While the Parties recognize that the County may at times not be able to staff all Control Districts as proposed given unscheduled sick leave or vacancies, the County will make its best efforts to establish regular hourly schedules and vacations for Animal Control Officers in order to minimize any such gaps in coverage. In the event of extended absences among the 6 Animal Control Officers, the County will re- allocate remaining Animal Control Officers as practicable in order to balance the hours of service available in each Control District. b. Control District boundaries have been designed to balance work load, correspond to jurisdictional boundaries and facilitate expedient transportation access across each district. The County will provide for a location for Animal Control vehicles to be stationed overnight in both north and south King County. c. The County will use its best efforts to ensure that High Priority Calls are responded to by an Animal Control Officer during Regular ACO Service Hours on the day such call is received. The County shall retain full discretion as to the order in which High Priority calls are responded. High Priority Calls include those calls that pose an emergent danger to the community, including: 1. Emergent animal bite, 2. Emergent vicious dog, 3. Emergent injured animal, 4. Police assist calls (police officer on scene requesting assistance from an Animal Control Officer), 5. Emergent loose livestock or other loose or deceased animal that poses a potential danger to the community, and 6. Emergent animal cruelty. d. Lower priority calls include all calls that are not High Priority Calls. These calls will be responded to by the call center staff over the telephone, referral to other resources, or by dispatching of an Animal Control Officer as necessary oravailable, all as determined necessary and appropriate in the sole discretion of the County. Particularly in the busier seasons of the year (spring through fall), lower priority calls may only receive a telephone response from the Call Center. Lower Priority calls are non emergent requests for service, including but not limited to: 1. Non emergent high priority events, 2. Patrol request (Animal Control Officer requested to patrol a specific area due to possible code violations), 3. Trespass, 4. Stray Dog /Cat /other animal confined, 18 Part II: Shelter Services Shelter services include the general care, cleaning and nourishment of owner- released, lost or stray dogs, cats and other animals. Such services shall be provided 7 -days per week, 365 days per year at the County's animal shelter in Kent (the "Shelter or other shelter locations utilized by the County, including related services described in this section. The County's Eastside Pet Adoption Center in the Crossroads area of Bellevue will be closed to the public. 1. Shelter Services a. Services provided to animals will include enrichment, exercise, care and feeding, and reasonable medical attention. b. The Public Service Counter at the Shelter will be open to the public not less than 30 hours per week and not less than 5 days per week, excluding holidays and County designated furlough days, for purposes of pet Document Dated 5 -28 -10 5. Barking Dog, 6. Leash Law Violation, 7. Deceased Animal, 8. Trap Request, 9. Female animal in season, and 10. Owner's Dog /Cat /other animal confined. e. In addition to the Animal Control Officers serving specific districts, the following Control Service resources will be available on a shared basis for all Parties and shall be dispatched as deemed necessary and appropriate by the County. 1. An animal control sergeant will provide oversight of and back- up for Animal Control Officers five days per week at least 8 hours /day (subject to vacation /sick leave /training /etc.). 2. An Animal Cruelty Sergeant will be on staff at least 40 hours per week to respond to animal cruelty cases and prepare related reports (subject to vacation /sick leave /training /etc.). 3. Two Animal Control Officers will be on call every day at times that are not Regular ACO Service Hours (including the two days per week that are not included within Regular ACO Service Hours), to respond to High Priority Calls posing an extreme life and safety danger, as determined by the County. f. The Parties understand that rural areas of the County will generally receive a less rapid response time from ACOs than urban areas. g. Cities may contract with King County for "Enhanced Control Services" through separate agreement (as set forth in Exhibit E). 19 redemption, adoption, license sales services and (as may be offered from time to time) pet surrenders. The Public Service Counter at the shelter may be open for additional hours if practicable within available resources. c. The County will maintain a volunteer /foster care coordinator at the Shelter to encourage use of volunteers working at the shelter and use of foster families to provide fostering /transitional care between shelter and permanent homes for adoptable animals. d. The County will maintain an animal placement specialist at the Shelter to provide for and manage adoption events and other activities leading to the placement of animals in appropriate homes. e. One veterinarian and one veterinarian technician will be scheduled to work at the Shelter six -days per week, during normal business hours. Veterinary services provided include animal exams, treatment and minor procedures, spay /neuter and other surgeries Limited emergency veterinary services will be available in non business hours, through third -party contracts, and engaged if and when the County determines necessary. f. Targeted animal operating capacity at the Shelter is 7,000 per year. The County will take steps through its operating policies, codes, public fee structures and partnerships to reduce the number of animals and their length of stay in the Shelter, and may at times limit owner- surrenders and field pick -ups, adjust fees and incentivize community -based solutions. 2. Other Shelter services a. Dangerous animals will be confined as appropriate /necessary. b. Disaster /emergency preparedness for animals will be coordinated regionally through efforts of King County staff. 3. Shelter for Cities contracting with PAWS (Potentially including Shoreline, Bothell, Woodinville, Lake Forest Park, Kenmore "Northern Cities For so long as a Northern City has a contract in effect for sheltering dogs and cats with the Progressive Animal Welfare Society in Lynnwood (PAWS), the County will not shelter dogs and cats picked up within the boundaries of such City(s), except in emergent circumstances and when the PAWS Lynwood shelter is not available. Dogs and cats picked up by the County within such City(s) will be transferred by the County to the PAWS shelter in Lynnwood for shelter care, which will be provided and funded solely through separate contracts between each Northern City and PAWS, and the County will refer residents of that City to PAWS for sheltering services. The County will provide shelter services for animals other than dogs and cats that are picked up within the boundaries of Northern Cities contracting with PAWS on the same terms and conditions that such shelter services are provided to other Contracting Parties. Except as provided in this Section, the County is under Document Dated 5 -28 -10 20 no obligation to drop animals picked up in any Contracting City at any shelter other than the County shelter in Kent. 4. County Contract with PAWS. Nothing in this Agreement is intended to preclude the County from contracting with PAWS in Lynnwood to care for animals taken in by control officers in the Northern #200) district of the County. 5. Service to Persons who are not Residents of Contracting Cities. The County will not provide routine shelter services for animals brought in by persons who are not residents of Contracting Cities, but may provide emergency medical care to such animals, and may seek to recover the cost of such services from the pet owner and /or the City in which the resident lives. Part III: Licensing Services Licensing services include the operation and maintenance of a unified system to license pets in Contracting Cities. 1. The public will be able to purchase pet licenses in person at the County Licensing Division public service counter in downtown Seattle (500 4th Avenue), King County Community Service Centers and the Kent Animal Shelter during regular business hours. The County will maintain on its website the capacity for residents to purchase pet Licenses on -line. 2. The County will seek to engage and maintain a variety of private sector partners (e.g. veterinary clinics, pet stores, grocery stores, city halls, apartment complexes) as hosts for locations where licenses can be sold or promoted in addition to County facilities. 3. The County will furnish licenses and application forms and other materials to the City for its use in selling licenses to the public at City facilities and at public events. 4. The County will publicize reminders and information about pet licensing from time to time through inserts in County mailings to residents and on the County's public television channel. 5. The County will annually mail at least one renewal form, reminder and late notice (as applicable) to the last known addresses of all City residents who purchased a pet license from the County within the previous year (using a rolling 12 -month calendar). 6. The County may make telephone reminder calls in an effort to encourage pet license renewals. 7. The County shall mail pet license tags or renewal notices as appropriate to individuals who purchase new or renew their pet licenses. 8. The County will maintain a database of pets owned, owners, addresses and violations. Document Dated 5 -28 -10 21 9. The County will provide limited sales and marketing support in an effort to maintain the existing licensing base and increase future license sales. The County reserves the right to determine the level of sales and marketing support provided from year to year in consultation with the Joint City County Committee. The County will work with any City in which door -to -door canvassing takes place to reach agreement with the City as to the hours and locations of such canvassing. Document Dated 5 -28 -10 22 District #200 (Northern District) Shoreline Lake Forest Park Kenmore Bothell (only through December 31, 2010) Woodinville Kirkland Redmond Duvall Carnation Sammamish District #240 (Western District) Tukwila SeaTac Kent Document Dated 5 -28 -W Exhibit B: Control Service District Map The attached map (Exhibit B -1) shows the boundaries of the 4 Control Service Districts as established at the commencement of this Agreement. Exhibit B -2 shows the proposed boundaries for the Control Service Districts to be established effective January 1, 2011. The cities and towns included in each Control District are as follows: District #220 (Eastern District) Bellevue Mercer Island Yarrow Point Clyde Hill Town of Beaux Arts Issaquah Snoqualmie North Bend Newcastle District #260 (Southern District) Auburn Covington Maple Valley Black Diamond Enumclaw The Districts shall each include portions of unincorporated King County as illustrated on the Exhibits B -1 and B -2. 23 Document Dated 5-28-10 c. fesi W horeline 1 "it. FS Urban Growth Boundary A tkontract Cities Exhibit B-1 The Control District Map, applicable through December 31, 2010 KrklanifHt Redmond 4423lal Cats: 2,20k, i it 4. 1 f" 385000 Po, OlaledAta".:,,.320 sq.70. rdterOagsr ""'l :e l 22)V; i Plea: "..1;1`)-sc(n):1. '1 •A.1" li.. 2.{,kZE" 1 I l I 1 Ti Control Districts 2010 all volumes estimated based on 2007 2009 averages King County :7 24 E :Population: 20■5:,00 J Populate:1Na: lop 5311111., fi Total Calls: 2890; I Document Dated 5-28-10 Veder4.., Urban Growth Boundary Non-Contract Cities Exhibit B-2 Control District Map applicable January 2011 and Beyond 1 111g1i)el1k Wo9 inqle 1 ---1 4-1Lre-4'1?x .4 'ir:,,,k.a pulation:...351,000 r fr 'lb sii ,o 713,11,1akeflAre4.: 310 sq„ffli: t Rednioricki d. dif.4701 iadA360 sq.mi. Total Calls: 4200 Populat1cti. 2(.12.(DO Popul4 Control Districts 2011 and Out Years Call volumes estimated based on 2007 2009 averages King County ,ZEVS-riS 25 26 Exhibit C Calculation of Estimated Payments The Estimated Payment is the amount, before reconciliation, owed by the City to the County (or owed by the County to the City if the amount calculated is less than $0) for the provision of six months of Animal Services, based on the formulas below. In summary and subject to the more detailed descriptions herein: Control Services costs are to be equally shared among the 4 geographic Control Districts. Each Contracting Party located within a Control District is to be allocated a share of Control District costs based 50% on the Party's relative share of total Calls for Service within the Control District and 50% on its relative share of total population within the Control District. Shelter Services costs are to be allocated among all Contracting Parties based 50% on their relative population and 50% on the total shelter intake of animals attributable to each Contracting Party, except that cities contracting for shelter services with PAWS will pay only a population -based charge and that charge will be one -half the regular shelter services cost population component payable by other cities; and Licensing Services costs are to be allocated between all Contracting Parties, based 50% on their relative population and 50% on the number of licenses issued to residents of each Contracting Party. Licensing revenue is to be attributed based on the residency of the individual purchasing the license. Each Estimated Payment covers the cost of six months of Animal Services. Three credits are applicable to various cities to reduce the amount of their Estimated Payments: a Transition Funding Credit (for cities with high per- capita costs); a Resident Usage Credit (for cities with low usage as compared to population); and an Impact Mitigation Credit (for cities whose projected costs were most impacted by decisions of certain cities not to participate in the regional Agreement). Application of these Credits is limited such that the Estimated Payment cannot fall below zero (before or after the annual reconciliation calculation) with respect to the Transition Funding Credit, or below $2,750 or $2,850 (both amounts are annualized) with respect to the Resident Usage Credit and Document Dated 5 -28 -10 27 Impact Mitigation Credit (depending on whether Bothell received Animal Services in the Service Year being reconciled). Estimated Payments are reconciled to reflect actual revenues and actual usage as well as changes in population. The reconciliation calculation occurs in June of the following calendar year. The reconciliation calculation and payment process is described in Exhibit D. The receipt of Transition Funding Credits, Resident Usage Credits, or Impact Mitigation Credits can never result in the amount of the Estimated Payments as reconciled falling below the limits described in the paragraph above ($0, $2,750 or $2,875 (annualized), depending on the credit and whether Bothell received service under an Agreement during the Service Year). Estimated Payment Formula: EP= [EC +ES +EL- ER— T— U —M] =2 Where: "EP" is the Estimated Payment. For Cities receiving a Transition Credit, Resident Usage Credit or Impact Mitigation Credit, the value of EP may not be less than the amounts prescribed in Exhibit C -4. "EC" is the City's share of the Budgeted Net Allocable Control Services Cost for the Service Year. See formula below for deriving "EC. "ES" is the City's share of the Budged Net Allocable Shelter Services Cost for the Service Year. See formula below for deriving "ES." "EL" is the City's share of the Budgeted Net Allocable Licensing Services Cost for the Service Year. See formula below for deriving "EL." "ER" is Estimated Licensing Revenue attributable to the City. For purposes of determining the Estimated Payment in Years 2010 and 2011, ER is derived from the number of each type of active license issued to City residents in years 2009 (the "Calculation Period shown on Exhibit C -2. For Service Year 2010, that number is multiplied by the cost of those licenses in 2009 resulting in the estimated values for Service Year 2010 shown on 2009 licensing types and costs used for purposes of calculating Estimated Licensing Revenue per jurisdiction in Exhibit C -1 include: Cat and Dog, Altered (spayed or neutered) $30; Cat and Dog, Unaltered- $90; Cat and Dog, Juvenile (Iess than 6 months in age) $5; Dog, Senior (over 65)owner $20; Cat, Senior Document Dated 5 -28 -10 28 Exhibit C -1, and then adding the amount of revenue estimated to be derived as a result of the Transitional Licensing Support Services in 2010 to those five Cities identified in Exhibit C -5 (the estimated Transitional Licensing Support Services revenue is also shown on Exhibit C -1). License Revenue that cannot be attributed to a specific Party (e.g., License Revenue associated with incomplete address information), which generally represents a very small fraction of overall revenue, is allocated amongst the Parties based on their respective percentages of ER as compared to Total Licensing Revenue. "T" is the Transition Funding Credit, if any, allocable to the City for each Service Year, calculated per Exhibit C -4; provided however, a City identified in Exhibit C -4 is only eligible for a Transition Credit if that City agreed to enter into this Agreement for a term through December 31, 2012; provided further, that the amount of "T if any, for Service Year 2010 shall be applied pro rata to the calculation of the Final Estimated 2010 Payment even if, despite the agreement of the City, the Agreement only goes into effect for 6 months or 60 days per Section 15. "U" is the Resident Usage Credit, if any, allocable to the City for each Service Year, calculated per Exhibit C -4; provided however, a City identified in Exhibit C -4 is only eligible for a Resident Usage Credit if that City agreed to enter into this Agreement for a term through December 31, 2012; provided further, that the amount of "U if any, for Service Year 2010 shall be applied pro rata to the calculation of the Final Estimated 2010 Payment even if, despite the agreement of the City, the Agreement only goes into effect for 6 months or 60 days per Section 15. "M" is the Impact Mitigation Credit, if any, allocable to the City for each Service Year, calculated per Exhibit C -4; provided however, a City identified in Exhibit C -4 is only eligible for an Impact Mitigation Credit if that City agreed to enter into this Agreement for a term through December 31, 2012; provided further, that the amount of "M," if any, for Service Year 2010 shall be applied pro rata to the calculation of the Final Estimated 2010 Payment even if, despite the agreement of the City, the Agreement only goes into effect for 6 months or 60 days per Section 15. And where: "Budgeted Net Allocable Costs" are the estimated costs for the Service Year for the provision of Animal Services which are allocated among the Contracting Parties for the owner $12; Cat and Dog, Renewal, Service and Temporary, Senior owner renewal $0. License types and costs are subject to change over time. Document Dated 5 -28 -10 29 purposes of determining the Estimated Payment. The Budgeted Net Allocable Costs are calculated as the Budgeted Total Allocable Costs (subject to the Annual Budget Inflator Cap) less Budgeted Total Non- Licensing Revenue. The Budgeted Total Allocable Costs exclude any amount expended by the County as Transition Funding Credits, Resident Use Credits, or Impact Mitigation Credits (described in Exhibit C -4) or to provide Transitional Licensing Revenue Support Services (described in Section 7). The calculation of Budgeted Net Allocable Costs, Budgeted Total Allocable Costs and Budgeted Total Non Licensing Revenue for purposes of calculating the Estimated 2010 Payments is set forth in Exhibit C- 3. "Total Licensing Revenue" means all revenue received by the County's Animal Services System attributable to the sale of pet licenses excluding late fees. With respect to each Contracting Party, the amount Licensing Revenue is the revenue generated by the sale of pet licenses to residents of the jurisdiction. (With respect to the County, the jurisdiction is the unincorporated area of King County.) The value of Estimated Licensing Revenue for each Contracting Party for purposes of calculating the Estimated 2010 Payment includes amounts estimated to be generated from Transitional Licensing Revenue Support Services, and is shown on Exhibit C -1. "Total Non Licensing Revenue" means all revenue from fine, forfeitures, and all other fees and charges received by the County's Animal Services system, excluding Total Licensing Revenue. "Transitional Licensing Support Services" means activities to be undertaken in specific cities in 2010 to enhance licensing revenues, per Section 7 of the Agreement. "Annual Budget Inflator Cap" means the maximum amount by which the Budgeted Total Allocable Costs may be increased from one Service Year to the next Service Year, and year to year, which is calculated as the rate of inflation (based on the annual change in the September CPI -U for the Seattle- Tacoma Bremerton area over the rate the preceding year) plus the rate of population growth for the preceding year for the County (including only the unincorporated area) plus all Contracting Cities, as identified by comparing the two most recently published July OFM city and county population reports. The cost allocations to individual services (e.g. Control Services, Shelter Services or Licensing Services) or specific items within those services may be increased or decreased from year to year in so long as the Budgeted Total Annual Allocable Costs do not exceed the Annual Budget Inflator Cap. Similarly, the Estimated Payment for any Party will increase or decrease from Service Year to Service Year based on that Party's population and usage of Animal Services from year to year Document Dated 5 -28 -10 30 "Service Year" is the calendar year in which Animal Services are /were provided. (In 2010, the Service Year is the period from July 1, 2010 —December 31, 2010; the Estimated Payment calculation shown in Exhibit C is based on annualized costs). "Calculation Period" is the time period from which data is used to calculate the Estimated Payment. The Calculation Period differs by formula component and Service Year. In Service Years 2010 and 2011, the Calculation Period for Calls for Service "CFS Animals "A or Licenses Issued ("I") (all as further defined below) is based on multiple year averages as detailed in Exhibit C -6. For Service Year 2012 and beyond (if the Agreement is extended into an additional 2 -year term), the Calculation Period is the year that is two calendar years prior to the Service Year (thus, for Service Year 2012, the Calculation Period is 2010). Exhibit C -6 summarizes in table form the Calculation Periods for the usage and population factors for Service Years 2010, 2011 and 2012. "Population" with respect to any Contracting Party for any Service Year means the population number derived from the State Office of Financial Management (OFM) most recent annually published report of population to be used for purposes of allocation of state shared revenues in the subsequent calendar year (typically published by OFM each July, reflecting final population estimates as of April of the same calendar uearl. The OFM reported population will be adjusted for annexations of 2,500 or more residents. For example, when the final Estimated Payment calculation for 2012 is provided on December 15, 2011, the population numbers used will be from the OFM report issued in July 2011 and will be adjusted for all annexations of 2,500 or more residents that occurred (or will occur) between April 1 and December 31, 2011. By way of further example, the reconciliation of the 2012 payment (calculated in June 2013) will incorporate adjusted population numbers based on the OFM population report issued in July 2012 adjusted for all annexations of 2,500 or more residents that occurred between April 1, 2012 and December 31, 2012. Where annexations occur, the City and County population values will be adjusted pro rata to reflect the portion of the year in which the annexed area was in the City and the portion of the year in which the area was unincorporated. The population of an annexed area will be as determined by the Boundary Review Board, in consultation with the annexing city. The population of the unincorporated area within any District will be determined by the King County demographer. Notwithstanding the foregoing, the population for all potential Contracting Parties for purposes of determining the final Estimated 2010 Payment will be based on the July 2009 OFM report, adjusted for annexations occurring through the end of December 2010, as known as of April, 2010, and shown on Exhibit C -2, and the reconciliation of the Estimated 2010 Payments (calculated in June 2011) will incorporate changes to population as reflected in the 2010 U.S. Census (results expected to be published April 2011). Document Dated 5 -28 -10 31 Exhibit C -1 shows the preliminary of EP for July 1— December 31, 2010, assuming that the County and all Cities that have expressed interest in signing this Agreement as of May 27, 2010, do in fact approve and sign the Agreement and as a result the Minimum Contract Requirements with respect to all such Cities and the County are met per Section 15. Component Calculation Formulas: EC is calculated as follows: EC {[(C x .25) x .5] x CFS} {[(C x. 25) x .5] x D -Pop} Where: "C" is the Budgeted Net Allocable Control Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for Control Services in the Service Year, less the Budgeted Total Non Licensing Revenue attributable to Control Services in the Service Year (for example, fines issued in the field). Budgeted Net Allocable Control Services Cost for Service Year 2010 is $1,698,600, calculated as shown on Exhibit C -3, and shall be similarly derived for Service Years after 2010. "CFS" is the total annual number of Calls for Service for the Service Year for Control Services originating within the City expressed as a percentage of the CFS for all Contract Parties within the same Control District. A Call for Service is defined as a request from an individual, business or jurisdiction for a control service response to a location within the City, or a response initiated by an Animal Control Officer in the field, which is entered into the County's data system (at the Animal Services call center or the sheriff's dispatch center acting as back -up to the call center) as a request for service. Calls for information, hang -ups and veterinary transfers are not included in the calculation of Calls for Service. A response by an Animal Control Officer pursuant to an Enhanced Control Services Contract will not be counted as a Call for Service. For purposes of determining the Estimated Payment in 2010 and 2011, the Calculation Period for CFS is the 3 -year period from 2007 -2009, resulting in an annual average number of Calls for Service for the City and each Contracting Party as shown on Exhibit C- 2. "D -Pop" is the Population of the City, expressed as a percentage of the Population of all jurisdictions within the applicable Control District. Document Dated 5 -28 -10 32 ES is calculated as follows: If, as of the effective date of this Agreement, the City has entered into a contract for shelter services with the Progressive Animal Welfare Society (PAWS) in Lynnwood, WA, then, for so long as such contract remains in effect, the City will not pay a share of shelter costs associated with shelter usage "A" as defined below) and instead the Estimated Payment will include a reduced population -based charge reflecting the regional shelter benefits nonetheless received by such City, calculated as follows (the components of this calculation are defined as described below). ES (S x.5 x Pop) -2 If the City does not qualify for the reduced population -based shelter charge, ES is determined as follows: ES [Sx.5x Pop' (ESP xPop2) +(Sx.5xA) Where: "S" is the Budgeted Net Allocable Shelter Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for Shelter Services less Budgeted Total Non Licensing Revenue attributable to Shelter operations (i.e., adoption fees, microchip fees, impound fees, owner surrender fees, from all Contracting Parties) in the Service Year. The Budgeted Net Allocable Shelter Services Cost for purposes of calculating Estimated 2010 Payments is $3,004,900 as shown on Exhibit C -3, and shall be similarly derived for Service Years after 2010. "ESP" is the sum of all reduced shelter costs payable in the Service Year by all cities qualifying for such reduced charge. "Pop" is the population of the City expressed as a percentage of the Population of all Contracting Parties. "Pop2" is the Population of the City expressed as a percentage of the Population of all Contracting Parties that do not qualify for the reduced population -based shelter charge. "A" is the total number of animals that were: (1) picked up by County Animal Control Officers from within the City, (2) delivered by a City resident to the County shelter, or (3) delivered to the shelter that are owned by a resident of the City expressed as a percentage of the total number of animals in the County Shelter during the Calculation Period. For Document Dated 5 -28 -10 33 purposes of the Estimated Payment in 2010 and 2011, the Calculation Period for "A" is the two year period of 2008 and 2009, resulting in an average annual shelter usage number for the City and each Contracting Party as shown in Exhibit C -2. EL is calculated as follows: EL I(L x .5 x Pop) (L x .5 x I)] Where: "L" is the Budgeted Net Licensing Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for License Services in the Service Year less Budgeted Total Non Licensing Revenue attributable to License Services (for example, pet license late fees) in the Service Year. The Budgeted Net Licensing Cost for purposes of calculating Estimated 2010 Payments is $898,400, calculated as shown on Exhibit C -3, and shall be similarly derived for Service Years after 2010. "Pop" is the Population of the City expressed as a percentage of the population of all Contracting Parties. "I" is the number of active paid regular pet licenses (e.g., excluding 'buddy licenses" or temporary licenses) issued to City residents during the Calculation Period. For purposes of calculating the Estimated Payment in 2010 and 2011, the Calculation Period for "I" is the three year period from 2007 -2009, and the resulting average annual number of licenses as so calculated for the City and each Contracting Party is shown on Exhibit C =2. Document Dated 5 -28 -10 34 Document Dated 5 -28 -10 35 (Budgeted Total Allocable Costs I Budgeted Non Licensing Revenue !Budgeted Net Allocable Costs Animal Control District Number Bothell Carnation Duvall Estimated Unincorporated King County Kenmore N Kirkland Lake Forest Park Redmond Sammamish Shoreline Woodinville SUBTOTAL FOR CITIES IN 200 (excludes unincorporated area) Beaux Ans Bellevue Clyde Hill Estimated Unincorporated King County O Hunts Point N Issaquah Mercer island Newcastle (7) North Bend Snoqualmle Yarrow Point SUBTOTAL FOR CITIES IN 220 (excludes unincorporated area) Burien (Includes North Highllne Area X Annexation) Estimated Unincorporated King County N Kent (Includes Panther Lake Annexation) SeaTac Tukwila SUBTOTAL FOR CITIES IN 240 (excludes unincorporated area) Algona Auburn Black Diamond Covington tO ry Enumclaw Estimated Unincorporated King County Maple Valley Pacific SUBTOTAL FOR CITIES IN 260 (excludes unincorporated area) (TOTAL FOR CITIES 'Total King County Unincorporated Area Allocation Document Dated 5 -28 -10 Exhibit C -1 Preliminary Estimated 2010 Payment (Annualized) (1) (Showing participation only of those Jurisdictions that have expressed interest as of May 27, 2010 in contracting for either 6 months or 2.5 years) Jurisdiction I Source: HC 0 /(Iee o(Meneeemenr and Budget and Animal Can and Control Dale: May 27, 2010 Control 51,705,0001 56.5001 51,698,5001 Sh'el2er:> $3.207.400i 5202,6001 53,004.9001 Estimated Control Estt'matekl Sheller Servidae'Coet Serylcee Cost .Alloeatlan', (Y) Allocation(3)II 534.993 52.650 $6.806 5108.379 526,305 $51.479 $14,144 $51.589 839.496 673,664 515 121 $315;245) 525 8941 $13.931t $9,918) 512.4481 51-0651 $253,7811' $106.877 5208,4501 562.145t $47 153t $317.7461 5144.84 $10.251t $49,589r 530.5961 $143,3891 $4596 $281,236 I $1,169,0121 $529,4881 0353.200 $18.659r 568.0631 $747,091 I Licerisliiti_I: $943,400, 545.0001 $898,4001 $39.2491 517.8331 619.3491 55,7651 $15,427) $4.188: $22.0041 57.1771 $1.4611 $8531 $409,5411••• $1530161.: /see tote) below) (see total below) $694.3091 087.5551 8112,8311 519,605) 583.9961 512.478) $891;1366.• 3119;6371` 549.684 53.525r $16.3861 $57.5021 08.8851 (see Iola) below)) /see total below) $6801/ $17749 ..Estimated E4tiniated.Totat: 9 -LieelieIeg Cost ''(Aplmal Saividest is Ailocat)on (4), Cost Atloeallofi 5665,441 '$96,328 52,257,8091 $618,2851 $280,1151 r:).TOtal ko,LP,at$V'••200.9141F9a,Jngr vK tteveniie; ix "r,'+ $5,866,800 $254,000 55,601.8001 $3,068,875 5123.110 582 9760 539.065) $29.531) $41.630) $3,3791 58171390 (see total below) (see total below) 5990.3140 $255.3651 5194.580) 553.0651 5143.627) $30.3481 91,328,5220.:;.;, •.$338 ;7771•.'. 6547.72 $32.534) 5134.036) 596.9631 /see total be/owll 5131 726 $943,096 r -':$316;777 54,045,10611 52,040,5231 $1,558,694 J 5159415 513.0711 560.5341 522,4641 /see total below)! 062 2931 $1,029,3521 tlmated'Net ?1�.E4st 42.531,925 Eatiio`$tetl CbhtIAlleca0pn tFuit8tri 523.5051 531.1341 589.63211 $102.0671 $12.4351 501 58.6881 51.627: 512.965) 55.7231 57.2421 51.674 $13.2701 55605) S25.681) 522.1131 $3.5681 00 /see Iota) below) /see total below)�(see total below) (see total below) I (see total below) I 514.401 019,926 660.6911 573.165 512,469, 5102.7671 040.559 5194.8040 6159,2111 535.5991 SO 59.0651 513,251 536,4611 571.9871 035.527) SO 5102.1751 542.704 5196,4681 5134,3111 562,1570 50 071.8031 535.939 $147.2371 5135.3471 511,8901 50 $38 4111 $47.910 $159.985) 5189.3471 $29,3621 $0 57.5451 59,849 032.515) $37.9181 $5,4030 SO $391,6911. $248,5031' 5956,4400 '$931,1861, 425.255% 41.674 564,509 $58,601 $55.1131 527.863) $10.0001 529,0650 574.3411 -$15,190) $23.6671 -517.9631 $2984) -$5151 5453,784t.- 4363,3651 5389.310 519.4631 473,504) 574.519) (see tote/betowll -569 433 42,004,582 -$527,343 NA 54471 $4771 83131 51.237) 59001 -$3371 80 $145.7291 $245.5201 594 283i 8485.532) 5274.3461 5211,185) 50 $3536r 84.578) 52.5661 510.680) 08.0441 82,636) $0 5170.844 see total below see iota/ below (5881otat below /see total below see toter below NA (r: $20,8 9 $40,815 $61,476 $0 $0 558,601 $01 $25.1131 42.7500 001 510,9671 418,0981 $4.1721 501 411,0181 $0) $3.9581 514.005) $5) 001 4515) $4,1721.,,: $133,0681.:'.; ••,4226.114r (see total below) NA 5734.9491 5334,8341 5141.5161 $22,5511 $113,279) 515,9251 4989.744)' -r $373 13091 5199,64 $3.6641 515.3641 633.9031 NAI $18 265 $01 $124351 $0 -$5.558) 5865 52.703) NA NA SO 512.469 930.557 55.037) S0 035.527) 543.060 $18097) 59,140 -$2,7501 60 529.362) 50 $5,403) $83:6221. :•'.!4; 501 593,0301 501 NA NA 549.065( 57.9531 $5.6441 $62 ;6631':',. 80) 60 $169 NAI SO 5337) 0118.155) 42.636) NA NA NA NA 4351.0501 560,0001 5291.0501 4111,012) 510,0001 5101,0121 491.7101 $10,000) 481,71151 .4563,772%.,,... 5805091- .4473.7721 4189,66 515;1991 456,1401 540,4471 NA; -551 16 4626,228 :$270;645 r' ;$169 4365,214 $650,000) 6279,6211 41,075,061% Kind County Transitional Costs One -Time Implementation Costs 181' Other Operational and Reform Effort Costs 191 Transition Fundlna for Cities Credits TOTAL' FOR Estimetad;,i e ,',enue,fioni, Estimated Net Tianaltloaa Final cost=. iLl cagelri9i ;,Support, SO1 sot $01 NA) SO) 501 50) $01 Sot SO1 SOt $01 $60,040 sot 4337 $60.0001 456.155 $01 42,636 NA NA SO $m sot 510.000) NA) SO 1, :$10;0 $160,000) $17.435 -55.555 52,7031 NA I $12,469 $5,037 $35,527 519.097 -$2,750 529.362 95,4031 458,601 42.750 418.091 411.0181 514,00:9 -$5151 '3166;114' $189.661 $15,7991 $58.1401 530.4471 NA 451,168 :-$345;214 $925,061 $527,343 1 1 $495,0001 6689,0001 $660,000 1 $279,521 -1 36 Valdes for northern cities anticipating using PAWS for sheltering C01`tird, Its overall net cost ee ExhiWt 2 ImPaU typigat'wn Credswh1Gh Omits Moines, No 50% try total c led 50% by King Utensil? revenue. For, a is g than 85,Dg0 and 1 N 1 'm enhanc 1 poasro 2 �g poputalbn, 50.1. 2009 population. Pant, Algona• Pa 20091 and SX Sin/Cornish, M{aoa• Nums 07. y1 and 54 %lY1' avera9etl for 2D08- avera9?d Uom 20 shelter volume intake (averaged tleu0, s andY Park. Medina, 911 volume l County a Dea Ica pee o 1 p gvAM cities allocated at PAWS 2p07.2009) support s% wood be 2 3 include Renton. s14 are further allocated Shelter costs ate al e per capita one net participate: Federal Way, then costs contracts. S towel P mode Ms n and 1 e only to al s do not Pa ed to each control district under separate to the five cule�ttusa9 be nd dt a costs thei( average 0%gr Assumes the licensg costs. dated va s d servl °04 contraaa era revenue backs a One quarter oI control service em cities of sheltering a net cost allocations. Licensing 20 %gwatat man the charge et King County al vet tech. however' th fu ed do at Ably total number of adNe licenses t ore than d Moved in cenam per capita nom and wag con tingency This excludes the cost to northern allocation. %bY PopulsiWa and u1a to cities with the regional mods) Mtpt G4 for more Newcastle to 2009 being a all rxdu hiring add rwtudn only the 50 h population Ile In n two per ode1. Sea Ex s issued W N¢wo A. and vadoua sa o y elymenle. Costs a A reform efforts. Reform triode include .r In an it on t Capita limits the cost asocatwn In evious m A0p license transitional licensing support. aflons 4, licensing 009 are opting out of C lto n Exhibit C-1, wh realer than in the W d mor markelirtg 8. Transition is allocated per 9 ovlded hate assumes trade, and rated area only adgtwislrator to support the Resident Usage etta nor more Cable W IT system up9 King unit progress, adding an Maude 13 out of the mod to 2009. The revenue tact 0 egotiatwn ress, 6. Credits c rates aptM9 County tacitly Inane. Ks'grevrow reform pto9 increases Item license vn04 King temematton include,ern and crossroads consultants to site did not h model imp ding sirudtae, hiring One-t odiated brit i°r the ma1N(e clinic S One -lime costs ass de services es to Ili g, Other operational costs msW i Jr reported here. Reldrmt, reported here. changes therefore the cost Is not reported here. Bothell enmore t os,X Lake f Shoreli DocwTtent Dated 5-28-10 Jurisdiction cMc, and Borten. eP° Costs with nctudin9 PAW S, I PAWS Shallaring trading tea,ftnal N,er cost.. boom? e t rsat ma tAdudln °Fie Estimated Final Net Costs for Northern Cities COn 1� PAWS Shalterinr` As50r0109 Kleg 20% in 20 9E Assumtn t Pote rittat Co. !t 8 Warning COUntY.2008:.2009 In Intake a; saty 20 0 Kln 9 Incieasa lit. .•i ,and'415WAn{:nal §4 2009.2009 Intake and.' pvera9n fnteXa and'. Increaab 3.225 CouhN S /60tAntma g 83.3791 SO Avere9e lrtake'and',SlWiAnlida -8815! Es11(aatnd 8150rAnimai 815 0312 88114 SG i4e1 Cost 813.0501 8c X0 532 82 272 803 8 351 87.57 S72 §6 -S2 5171 81246 831 82719U' §1197 1 8' 53 822. 97.92 82936 86.6 §5 4031 37 (Showing participation only of those jurisdictions (Budgeted Total Allocable Costs (excluding budget Infatorl !Budgeted Non Licensing Revenue (Budgeted Net Allocable Costs Animal Control District Number, Bothell Carnation Duvall Estimated Unincorporated King County Kenmore N Kirkland Lake Forest Park Redmond Sammamish Shoreline Woodinville SUBTOTAL FOR CITIES IN 200 (excludes unincorporated area) Beaux Arts Bellevue Clyde Hill Estimated Unincorporated King County Hunts Point C4 Issaquah Mercer Island Newcastle (7) North Bend Snoqualmle Yarrow Point SUBTOTAL FOP. CITIES IN 220 (excludes unincorporated area) Bunen (Includes North Highline Area X Annexation) Estimated Unincorporated King County N Kent (Includes Panther Lake Annexation) SeaTac Tukwila SUBTOTAL FOR CITIES IN 240 (excludes unincorporated'erea) Algona Auburn Black Diamond Covington ro C.4 Enumclaw Estimated Unincorporated King County Maple Valley Pacific SUBTOTAL FOG. CITIES IN 260 (excludes unincorporated area) 'TOTAL FOR CITIES I Total King County Unincorporated Area Allocation Document Dated 5 -28 -10 Jurisdiction Source' NC Office ofManaaemenl and Budg.l and Animal Can, and Control Bare: May 27, 2010 Exhibit C -1(A) Implied 2011 Payments for Purpose of Section 15.a.2 (1) that have expressed interest as of May 27, 2010 in contracting for 2.5 years actual estimated 2011 payments will be different, based on adjustments for 2011 budgeted total allocable costs, revenues, and the application of budget inflator cap) 20 Total Allocated,. 09 ^Licensing EstimatedtNet. I: Contioi' I Shelter Lhen51ri9_ Costs.„ I iRevenue `Gost:i 53,207,4001 $943,4001 $6,855,800 5202.5001 545.0001 5254,000 33.004,9001 5898,4001 $5,601,8001 52,967,808 $2,633,992 $1,705,0001 56,5001 $1.698.5001 'Estimated'AnimaI '''Eelinieted'. Estimated Estimated Tote! Control Cost ,'.0 Sheltering.Cost •Licensing Gost ,Anlmal'Services :?OOD LIcensin9 'Eatlre )ed.Net 'i7raonlUon''• Allocation (2) 'Allobatlon'(3),' ..A116411014) j Cost :Allocation 'R Pat Alloept101! i •Fupdi!10,(5).' $2.685 $7,417 $118.143 $28,650 $56.116 $15,415 $56.251 543,070 $80,215 $16,463 .6308,4821 54471 5145.7291 $3,5361 $170,8441 540.815 025.8941 013.9311 $9.9161 512.4481 51.0651 $253 :7811 I $208.4501 I 562.1451 I 5471531 'I $317,748):. $144.841 510.2511 $49.5891 530.5961 5143.3891 $45,960 $8,732 $1,686 513.4061 55,808 (see inlet below)! (see total below) 014.9281 020,651 5103.8861 542,012 89,3581 013.735 5103.3601 544.234 572.7321 537.235 039.6521 049,637 07,7891 510,206 $373,8431 $225,203 $484' $281,236 $5681216 $1,159,2481 $2,250,8631 53251 0248.2741 $97,6411 $4.6431 $2,6581 ea total below)! (sae total belo 562.09 539.7661 $19.5751 515.5361 522.2261 51,4831 3414,0801, 521.560 518,4681 05.9831 54.3391 $7.4311 $8841 515912891 5354,741 551.441 818.7541 53,7551 568.4641 $16.9801 057.7641 59.2011 (see total below)! (see total below) I 568,493 518,387 $13,30 526.6311 (see total below) 564,2281 5202,0151 $38,5091 5203,8451 8153,0371 5169,5051 534,4581 $9.053291:•' 51,2561 $491,6441 810,8371 $124,46 $84,1311 539,4901 529.7901 042.1061 53,4321 S13271501.. 0551.02 532,7601 5135.0331 597.5611 (see total below)) 5132.840 $99;764. $949,216 6608,1421 54,018,2631 $5,723 522,113 (see total below) $73,160 5159,211 $71,907 0134,311 $135,347 0189,347 $37,918 3829;117 $9001 $274,3461 56,0441 see total below $64,509 $59,956 $55,1131 529,0181 $10,0001 $29,4901 $14.3411 515.4491 523,6671 518,4391 $2,8641 -$5681 $453.7841,.: -3 4373;3661 5158,415 513,0711 $60,534, 522,4641 (see total below)! $62 293 54.5181 /see total below)) $8,9321 542,8041 533.4791 469,5331 517,6901 519,8421 5392,608 419,6891 574.4981 575,0971 (see total below) I 470 54/ $316,777 4632.439 $1,938,4561 52,079,7971 $539,2521 $754,0371 $290,258 91,583,5471 51,029,302 4554,1951 51,6 Sol NA) $01 $01 501 50 $01 501 53,4601 501 $76,412I:. 43561 $01 5217,2981 $01 52,7931 501 ee total below NA $0 $01 501 54.1721 801 501 :.1. .;541.721 $199,649 53,6641 815,3641 533,9031 NA) :5270,045 •SO $650,0001 $81 01,693 NA S0 537,540 $0 $48.637 $14,815 50 $O S0) 596,5001 501 N. $0 526,143 $10,569 SO 04,144 $35 '$137;390 5 0 S0! $0) $0) NA) $289,1191 5,825 42,8261 NA I 58,9321 45,2641 533,479, 420,8971 42.8751 018.8421 53,4601 :':.'6$28,0271'. -$3561 4120,7981 42,7931 N 459,956 -52,8751 518,9211 411.2771 414,2951 45321 501 4231' :8041'0'' $106,877 /see total below) (see Iota/ below) i (see Intel below) l (see total De/owl )see total below) NA NA NA 5696.8941 $90.6701 5996.0141 5255,3651 47466491 53346341 541,5361 4364,2801 5113.4191 520.3011 5195,8641 553,0651 4142,8001 522,5511 54,645) 4115.6031 584.4111 012,9151 5144,4801 $30,3481 5114,1321 015,9251 52,7831 495,4241 '$894,7241:,.:. .$123,8861 $1.336:3 if,.. 33337771 ..,:$997.5811 :._,$373;3091" +$49,9641'• ,$575,307I.': slip ":;a. 4192,960 416,0251 459,1341 441,1931 NAI $18 265 $0 452 282 :.:$361.594 $1,140,6781 Klnn County Transitional Costs One -TIme Implementation Costs (8) Other Operational and Reform Effort Costs (9) Transition Funding for Cities Credits TOTAL.•FORNINGicOUNT1';r' <`'_.4. ,'41 $150,000 SO NA SO So $0 $0 SO So $0 $01 360.0001 501 N. S0 $01 501 $0) $01 4 42.826 NA 56532 45,264 $33,479 420.897 42,875 $19,842 $3,460 -03561 460,798 $2,793 NA 459,956 42.875 410,921 411,277 414,295 -$532 $171,8041 NA NA $60,0001 4304,2801 510.0001 4105,6031 510.000' 485.4241 $80,0001 5495,3071 SO $01 $0) $10,000) NA) $o 5192,960 416,0251 -059.1341 431.1931 NA I 452,282 -$351;594 $590,678 $994,195 $495.000 $689,0001 5650,000 $289,119 $2:677:3.14 38 Po1M. 419 °na, Paci6e, Butie, and =Ion, n. 1 1 2009 rC9 tit C -Z�A) cont komish, Mitlon,Hed tram 007.2009 k e to and 50'4 n avera ed lu Exhibit i• i b Park Medina. V e lavers Kln9 G °only shell in ke rF er vo Moines. mandY Ica9volum Not 5 0.5 by rota qy hY RanWn. pea her agocated are allocated 59 Way, S eattle coats ereau c�tracts Sheller costs t ar saps a true cities via„ tit participate: Federal W V rot district. th6n tour ha untlu t e usags i st Par capda only mod el Notes: titles do not P allocated to each otrrMia�s at PAW S e 2007.200 oM1 is allocated is 1, Assumes the 1o5owln9 jaw costs are ter)n9lrteir a licenses tavgfa9 lofts. ticenafn9 srtPP tits charge would gfRnskt9 CO e. vt control aervi r tales of shat ,.,vita net cost adocat roster than n County uda only ms a a9oGateP mr,. aUta Mm "ag the coat reviaus AOU nw�• gcem "ro ich km Iha P es the arks Ucensin9 ce51s ar cared pet °aPe Crad6, t OoA grtatet than m tads, and transrilon and eddi°9 an adminlstretor m s° ResitleM Usa9 mare avltled he �Ya ysiamn uP0 County unlncorporaled area onW m Transition lundin9l�oea° oriel to not revenue value n eva9an, tease, Km0 to9teas Cred11s m °rude t ou t of me m m 2009. Tits ract ne9 ream P tales opttn9 County Include coM crossroads tactlriY creases Irom tvth King al lmPlem antatlon stems and hiring consultants to fewest t of get effort vdm mod di structure, h 9 Newcastle d'rd n maintome sV PAWS Sheltadn8 Costs J... costs assn is lndude services for ma ts to the clinic reporting i, One•11me Intrude changes tndud /n PAtinal Net Cost r 3 Other operenonai cos casts Contracting with PAWS ales PAWS Coats Reform effort Had Pete ring rat)m reported here is not mPO ern Cities Co Gost 1dilUdtn lneretote me cost I Nat Costs tot North imate° Estimate Fina a e Bothell Kenmore t P ^rk ,I, F ares W lllP Jurisdicti gated 5 -2 8-10 .Eat, ShelleAn? 'tor PAWS Asaum• i 10'Y° g s a umh i g'0 .peaumth9 K PptaOUal Credit PM% ,:county lnlakeand lnssoin imat Assuming Inereasa In :Averag andise Count 2006. 'u and s1509Antm Finat AVaro9 lnWke end 51501Anrma1 52 oetlinated 91501An 59090 5373? ,,.1 6 Net Cdst 5 67.57 63. 922.5 966 MO Sr OW a7 9201 pot 91 5 41540 •St56 9.69 54,373, 47.2 4, 7S ,54,460 39 Document Dated 5 -28 -10 Exhibit C -2 Population, Calls for Service, Shelter Use and Licensing Data for Jurisdictions, Used to Derive the Preliminary and Final Estimated 2010 Payment Source: KC Office of Management and Budget and Animal Care and Control Date: May 27, 2010 Proposed District Jurisdiction Bothell (2) Carnation Duvall Estimated Unincorporated King County Kenmore o Kirkland Lake Forest Park Redmond Sammamish Shoreline Woodinville Beaux Arts Bellevue Clyde Hill Estimated Unincorporated King County Hunts Point Issaquah Mercer Island Newcastle North Bend Snoqualmie Yarrow Pt Burien (includes North Highline Area X Annexation) Estimated Unincorporated King County N Kent (Includes Panther Lake Annexation) SeaTac Tukwila Algona Auburn Black Diamond Covington N Enumclaw Estimated Unincorporated King County Maple Valley Pacific Population 3-Year Average 2 -Year Average 3 -Year Average (1) Control Calls Shelter Intake Active Licenses 33,240 195 NAI 4,301 1,910 19 281 2061 5.980 41 201 7751 103,400 600 (see total below)I (see total below) 20.450 176 NAI 2,840 49,010 286 1361 4.995 12.820 83 NAI 1.972 51.890 268 1121 5,228 40.670 199 491 4.719 54.320 511 NAI 6,2801 10,670 108 NAI 1.344 s 3151 21 01 45 120.6001 5331 2991 10,900 1 2.815i 141 21 3461 92,800 9501 s ee total below (see total below) 26.890 22.720 9,925 4,760 9.730 965 48,200 750 113,1801 1,2021 25,7301 4671 18,1701 3731 195 861 621 591 491 31 991 231 211 391 351 O1 2,3791 2.0711 4001 548 771 112 (see total below) I (see total below) 2,4811 9.996 3511 2,197 268 1.207 67.485 672 1.191 5.325 4,1801 551 591 468 17.5301 2971 1971 2.260 11.4601 1751 1911 1.017 59,7001 7501 (see total below) I (see total below)1 20.8401 2201 1731 2.250 1 City Totals I 758,2551 6,3491 5,7691 74,954 King County Unincorporated Area Totals I 304,100 3,0501 1,3601 38,156 TOTALS:::::'..' I..: :."9;062,355: 3,399'1;- 7,929 '993;110 1. Population and usage values have been adjusted to include 2010 annexations with effective dates of July 1, 2010 or earlier (i.e., Burien, Panther Lake). 2. Bothell is opting for a 6 month option. They will not be included in allocations for 2011 and 2012. 40 5 6 7 8 9 10 11 12 13 14 15 16 General Fund Overhead Costs Division Overhead Costs Other Overhead Costs Exhibit C -3 Calculation of Budgeted Total Allocable Costs, Budgeted Total Non Licensing Revenue, and Budgeted Net Allocable Costs This Exhibit Shows the Calculation of Budgeted Total Allocable Costs, Budgeted Total Non Licensing Revenue, and Budgeted Net Allocable Costs to derive Estimated 2010 Payments. All values shown are based on annualized costs and revenues. The staffing levels incorporated in this calculation are for year 2010 only and except as otherwise expressly provided in the Agreement may change from year to year as the County determines may be appropriate to achieve efficiencies, etc. Control Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non Licensing Revenue, and Budgeted Net Allocable Costs The calculation of 2010 (Annualized) Control Services Costs is shown below (all costs in 2010 dollars). 1 I Direct Service Management Staff Costs 2 Direct Service Field Staff Costs 3 Call Center Direct Service Staff Costs 4 Overtime, Duty, Shift Differential and Temp Costs Facilities Costs Office and Other Operational Supplies and Equipment Printing, Publications, and Postage Medical Costs Other Services Transportation Communications Costs IT Costs and Services Misc Direct Costs 2010 Budgeted Total Allocable Control Services Cost 17 Less 2010 Budgeted Total Non Licensing Revenue Attributable to Control Services Document Dated 5 -28 -10 Cost Methodology $109,400 I $683,300 I $209,300 $71,500 $10,200 $22,900 $45,000 $25,000 $80,000 $155,000 $35,600 $57,500 $25,400 $17,400 $111,300 $46,200 $1,705,000 $6,400 2010 Budgeted Net Allocable Control Services Cost I $1,698,600 41 NOTES: 1 Management direct service staff consists of 0.40 FTE Animal Care and Control Manager, 0.40 FTE Operations Manager, and 0.17 Information Technology Manager. 2 Direct Service Field Staff Costs consist of 1.00 FTE Animal Control Officer Sergeant, 1.00 FTE Animal Control Officer Cruelty Sergeant, 6.00 FTE Animal Control Officers. 3 Call center costs for 1.00 FTE Administrative Assistant/Lead and 2.00FTE call takers. 4 These additional salary costs support complete response to calls at the end of the day, limited response to emergency calls after hours, and extra help during peak call times. 5 Facilities costs include maintenance and utilities for a portion (5 of the Kent Shelter (which houses the call center staff operations and records retention as well as providing a base station for field officers). Excludes all costs associated with the Crossroads facility. 6 This item includes the office supplies required for both the call center as well as a wide variety of non computer equipment and supplies related to animal control field operations (e.g., uniforms, tranquilizer guns, boots, etc.). 7 This cost element consists of printing and publication costs for various materials used in the field for animal control. 8 Medical costs include the cost for ambulance and hospital care for animals requiring emergency services. 9 Services for animal control operations vary by year but consist primarily of consulting vets and laboratory costs associated with cruelty cases. 10 Transportation costs include the cost of the maintenance, repair, and replacement of the animal care and control vehicles and cabs, fuel, and reimbursement for occasional job related use of a personal vehicle. 11 Communication costs involve the direct service costs for telephone, cell phone, radio, and pager use. 12 Information technology direct costs include IT equipment replacement as well as direct services costs. Excludes approximately $50,000 in service costs associated with mainframe systems. 13 Miscellaneous direct costs consist of all animal control costs not listed above ,including but not limited to contingency, training, certification, and bad checks. 14 General fund overhead costs included in this model include building occupancy charges and HR/personnel services. No other General Fund overhead costs are included in the model. 15 Division overhead includes a portion of the following personnel time as well as a portion of division administration non -labor costs, both based on FTEs: division director, assistant division director, administration, program manager, finance officer, payroll /accounts payable, and human resource officer. 16 Other overhead costs include IT, telecommunications, finance, and property services. 17 Non licensing revenue attributable to field operations include animal control violation penalties, charges for field pickup of deceased/owner relinquished animals, and fines for failure to license. Document Dated 5 -28 -10 42 Shelter Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non Licensing Revenue, and Budgeted Net Allocable Costs The calculation of 2010 (Annualized) Shelter Services Costs is shown below (all costs in 2010 dollars). 1 2 1 3 4 5 6 7 8 9 10 11 12 13 Direct Service Management Staff Costs Direct Service Shelter Staff Costs Direct Service Clinic Staff Costs Overtime, Duty, Shift Differential and Temp Costs Facilities Costs Office and Other Operational Supplies and Equipment Printing, Publications, and Postage Medical Costs Other Services Transportation Communications Costs IT Costs and Services Misc Direct Costs 14 General Fund Overhead Costs 15 Division Overhead Costs 16 I Other Overhead Costs 2010 Budgeted Total Allocable Shelter Services Cost 17 Less 2010 Budgeted Total Non Licensing Revenue Attributable to Shelter Services 1 1 2010 Budgeted Net Allocable Shelter Services Cost NOTES: 1 Management direct service staff consists of 0.60 FTE Animal Care and Control Manager, 0.60 FTE Operations Manager, and 0.17 Information Technology Manager. 2 Direct Service Shelter Staff Costs consist of 2.00 FTE Animal Control Officer Sergeants, 12.00 FTE Animal Control Officers, 1.00 FTE Placement Specialist, 1.00 FTE Volunteer Coordinator. 3 Direct Service Clinic Staff Costs consist of 2.00 FTE veterinarians and 2.00 FTE veterinarian techs. Document Dated 5 -28 -10 Cost Methodology $154,900 $1,280,200 $399,100 $205,100 $150,000 $130,200 $5,000 $145,000 $200,000 $10,000 $13,200 $35,000 $33,300 $203,100 $195,500 $47,700 3,207,300 $202,500 $3,004,500 43 4 These additional salary costs support complete processing of animals received late in the day, extra help during kitten season, and limited backfill for vet and vet techs when on vacation. 5 Facilities costs include maintenance and utilities for the majority (95 of the Kent Shelter (which also houses the call center staff operations and records retention as well as providing a base station for field officers). It excludes all costs associated with the Crossroads facility. 6 This item includes the office supplies as well as a wide variety of non computer equipment and supplies related to animal care (e.g., uniforms, food, litter, etc.). 7 This cost element consists of printing and publication costs for various materials used at the shelter. 8 Medical costs include the cost for ambulance and hospital care for animals requiring emergency services as well as the cost for consulting vets, laboratory costs, medicine, and vaccines. 9 Services for animal control operations vary by year but include costs such as shipping of food provided free of charge and sheltering of large animals. 10 Transportation costs include the cost of the maintenance, repair, and replacement of and fuel for the animal care and control vehicles used by the shelter to facilitate adoptions, as well as reimbursement for occasional job related use of a personal vehicle. 11 Communication costs involve the direct service costs for telephone, cell phone, radio, and pager use. 12 Information technology direct costs include IT equipment replacement as well as direct services costs. 13 Miscellaneous direct costs consist of all animal care costs not listed above including but not limited to contingency, training, certification, and bad checks. 14 General fund overhead costs included in this model include building occupancy charges and HR/personnel services. No other General Fund overhead costs are included in the model. 15 Division overhead includes a portion of the following personnel time as well as a portion of division administration non -labor costs, both based on FTEs: division director, assistant division director, administration; program manager, finance officer, payroll /accounts payable, and human resource officer. 16 Other overhead costs include IT, telecommunications, finance, and property services. 17 Non licensing revenue attributable to sheltering operations include impound fees, microchip fees, adoption fees, and owner relinquished euthanasia costs. Document Dated 5 -28 -10 44 Licensing Services: Calculation of Budgeted Total Allocable Costs, Budgeted Total Non Licensing Revenue, and Budgeted Net Allocable Costs The calculation of 2010 (Annualized) Licensing Services Costs is shown below (all costs in 2010 dollars). 1 12 3 4 I5 6 7 8 9 10 11 12 13 Direct Service Management Staff Costs Direct Service Licensing Staff Costs Overtime, Duty, Shift Differential and Temp Costs Facilities Costs Office and Other Operational Supplies and Equipment Printing, Publications, and Postage Other Services Communications Costs IT Costs and Services Misc Direct Costs General Fund Overhead Costs Division Overhead Costs Other Overhead Costs 2010 Budgeted Total Allocable Licensing Services Cost 2010 Budgeted Net Allocable Licensing Services Cost Document Dated 5 -28 -10 Cost Methodology $60,000 I $423,900 $30,000 $13,100 $3,300 f $166,000 $15,000 $5,000 $85,000 $2,000 $25,300 $54,800 $60,000 $943,400 14 Less 2010 Budgeted Total Non Licensing Revenue $45,000 Attributable to Licensing Services f I $989,400 I NOTES: 1 Management direct service staff consists of 0.17 Information Technology Manager and 0.33 Licensing Section Manager. 2 Direct Service Licensing Staff Costs consist of 0.5 FTE Pet License Supervisor, 1.00 FTE Sales and Marketing Manager, 2.80 FTE Customer Specialists, 1.00 FTE Fiscal Specialist, and 1.00 Administration Assistant. 3 These additional salary costs support overtime costs as well as a limited non jurisdiction specific marketing effort. These costs do not include the enhanced transitional licensing support to be provided by King County to certain cities. 4 Facilities costs include maintenance and utilities for the portion of the King County Administration building occupied by the pet licensing staff and associated records. 5 This item includes the office supplies required for the licensing call center. 6 This cost element consists of printing, publication, and distribution costs for various materials used to promote licensing of pets, including services to prepare materials for mailing. 45 7 Services for animal licensing operations include the purchase of tags and monthly fees for online pet licensing hosting. 8 Communication costs involve the direct service costs for telephone, cell phone, radio, and pager use. 9 Information technology direct costs include IT equipment replacement as well as direct services costs. Excludes approximately $120,000 in service costs associated with mainframe systems. 10 Miscellaneous direct costs consist of all pet licensing costs not listed above including but not limited to training, certification, transportation, and bad checks. 11 General fund overhead costs included in this model include building occupancy charges and HR/personnel services. No other General Fund overhead costs are included in the model. 12 Division overhead includes a portion of the following personnel time as well as a portion of division administration non -labor costs, both based on FTEs: division director, assistant division director, administration, program manager, finance officer, payroll /accounts payable, and human resource officer. 13 Other overhead costs include IT, telecommunications, finance, and property services. 14 Non licensing revenue attributable to licensing operations consists of licensing late fees. Document Dated 5-28-10 46 To determine the initial level of the Transition Funding Credit, $250,000 has been allocated to Cities with preliminary estimated 2010 cost allocations (before considering offsetting Licensing Revenue) exceeding $6 per capita; an additional $400,000 was allocated to the Cities with preliminary estimated 2010 cost allocations (before considering offsetting Licensing Revenue) exceeding $8 per capita. (The per capita cost allocations used to qualify for this credit may be derived from Exhibit C -i in column caption "Estimated Total Cost Allocation" divided by the population for the jurisdiction as shown in Exhibit C -2.) The Transition Funding Credit declines over time: 50% of the annual amount (since the service year is six months, rather than a full year) is allocable to each qualifying City in calculating the Estimated 2010 Payment; 100% of the amount is allocable again in calculating the 2011 Estimated Payment; 66% of the amount is allocable in 2012. If the Agreement is extended for an additional two years, 33% of the amount is available in 2013; no Transition Funding Credit is allocable in 2014. The credit is only available to a qualifying City if that City has agreed to a 2.5 Year Agreement. Application of the credit can never result in the Estimated Payment Amount being less than zero ($0) (i.e., cannot result in the County owing the City an Estimated Payment). The allocation of the Transition Funding Credit is shown in Table 1 below. 1/ Exhibit C -4 Transition Funding Credit "T Resident Usage Credit "U and Impact Mitigation Credit "M Calculation and Allocation Transition Funding Credit The Transition Funding Credit has been calculated to offset costs to certain cities on a declining basis over four years. Cities qualifying for this credit, as shown below, are those that under the basic Animal Services cost allocation formula (allocating costs generally based half on population and half on usage), would pay the highest per capita costs in 2010. Document Dated 5 -28- 10 47 Table 1: Transition Funding Credit Initial Contract Period and Extension Period Jurisdiction Carnation North Bend Kent SeaTac Tukwila Auburn Black Diamond Covington Enumclaw Maple Valley Notes: Document Dated 5 -28 -10 Initial 2 112-Year Contract Period I 2 -Year Extension Period 2010 2011 2012 Transition Transition Transition Funding Funding Funding (1/2 year) $836 $1,674 $1,105 I $552 $2,086 $4,172 $2,753 I $1,376 $167,417 $334,834 $220,990 I $110,495 $11,275 $22,551 $14,884 $7,442 $7,962 $15,925 $10,510 $5,255 $99,824 $199,649 $131,768 $65,884 $1,832 $3,664 $2,418 $1,209 $7,682 $15,364 $10,140 I $5,070 $16,592 $33,903 $22,376 I $11,188 $9,133 $18,265 $12,055 I $6,027 2013 2014 Transition Transition Funding Funding 1. The transitional funding credit is the same regardless of which cities sign an Agreement. $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Resident Usage Credit The Resident Usage Credit has been calculated to offset the costs of certain cities agreeing to a 2.5 year Agreement that have a low use of King County animal services relative to their population. The amount of the credit is different depending on whether the City of Bothell is receiving service during a given Service Year. The credit has been determined by comparing the estimated cost Cities would pay on an annualized basis in 2010 if the regional payment model was based solely on usage (including estimated costs payable to PAWS by cities that will be contracting for shelter services with PAWS) to the cost payable under the adopted model (which incorporates both usage and population, including estimated costs payable to PAWS by Northern Cities that will be contracting for shelter services with PAWS). The credit is set so that no City that has a Preliminary Estimated 2010 Cost Allocation after considering 2009 Licensing Revenue (as shown in Exhibit C -1 in the column captioned "Estimated Net Cost Allocation of over $5,000 (an annualized cost) pays more than 120% above what it would pay under a usage -based model that assumes all cities that expressed interest in participating as of May 5, 2010 sign an Agreement; provided that, a City must sign a 2.5 year Agreement to qualify for the credit; and provided further, that credits are fixed in amount as shown in Table 2 below and will not change regardless of which Cities sign the Agreement. As annualized, the credit is carried forward each year without change through 2012. Application of the credit can never result in the Final Estimated Payments for any Service Year being less than $2,750 for receipt of Animal Services in that year if Bothell is served under an Agreement in such Service Year and not 48 less than $2,875 for receipt of Animal Services in that year if Bothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for such year to PAWS for shelter services). These minimum values are annualized (thus, for example, in 2010, if Bothell is served, the Final Estimated Payments cannot be less than $2750 2 $1,375). jurisdiction Kirkland Kirkland PAA(2) Redmond Sammamish I Bellevue Mercer Island Newcastle Snoqualmie Document Dated 5 -28 -10 Table 2: Resident Usage Credit (Annualized Values) (1) For Service Years in Which the City of Bothell Is Not Receiving Animal Services For Service Years in which the City of Bothell Is Receiving Animal Services under an Agreement $20,084 $16,465 $34,961 $9,140 $91,697 $25,113 $8,796 $3,958 $20,433 $16,935 $35,692 $14,815 $93,703 $26,143 $9,071 1 $4,144 Notes: 1.The residential usage credit does not change with time; it only varies based on whether Bothell is receiving services. Thus, if Bothell signs a 6 month Agreement (e.g., ending December 2010), the credit payable in 2010 will be one half the value in column 2 above; the credit payable in 2011 will be the amount in column 3. 2. Kirkland will receive this credit from and after the time the Kirkland PAA is annexed, in addition to the credit noted in the row above labeled "Kirkland." Impact Mitigation Credit The purpose of this credit is to limit the impact to Contracting Cities signing for a 2.5 year Agreement as a result of three cities (Burien, Algona and Pacific) deciding as of May 5, 2010, that they would not participate in the model, as compared to the costs presented to all cities in April, 2010, and assuming all other Cities shown in Exhibit C sign the Agreement. The amount of the credit is sized to ensure that a City's Preliminary Estimated Payment after applying the Residential Use Credit and the Transition Funding Credit is not greater than 10% more than the Preliminary Estimated 2010 Cost from the April 2010 model and not greater than 15% more than such Cost if Bothell does not contract for service past December 2010; provided that the credit amounts are fixed as shown in Table 3 below and will not change regardless of which Cities sign the Agreement; provided further that only Cities signing a 2.5 year agreement qualify for the 49 credit; and provided further that application of the credit can never result in the Estimated Payment Amount, of less than $2,750 for receipt of Animal Services in that Service Year if Bothell is served under an Agreement in such Service Year and not less than $2,875 for receipt of Animal Services in that year if Bothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for such year to PAWS for shelter services). These minimum values are annualized (thus, for example, in 2010, if Bothell is served, the Final Estimated Payments cannot be less than $2750 2 $1,375). The allocation of the Impact Mitigation Credit is shown on Table 3. Table 3: Impact Mitigation Credit (Annualized Values) (1, 2) Jurisdiction For Service Years in For Service Years in which the City of Bothell Which the City of Bothell Is Receiving Animal Is Not Receiving Animal Services under an Services Agreement Bothell (2) $475 Carnation I $81 Duvall $865 I $1,693 Kirkland $10,473 I $17,107 Redmond $8,098 I $12,945 Shoreline (2) $4,373 Woodinville (2) $1,585 Bellevue $1,334 $2,797 Newcastle $2,170 $1,498 Yarrow Point $35 Kent $49,065 $41,536 SeaTac $7,953 I $4,645 Tukwila $5,644 $2,783 I Enumclaw $169 Notes: 1. These credits do not change over the period of the Agreement. 2. These credits assume that these cities' costs to shelter animals at PAWS exceed their estimated rebate by greater than $2,750 in Column 2 situation (Bothell served) and $2,875 in the Column 3 situation (Bothell not served). At reconciliation, if a City with a PAWS shelter contract cannot demonstrate this, it will not receive the credit. Regardless of how great a PAWS shelter contract cost is, the credit cannot exceed the amount shown here. Document Dated 5-28-10 50 City of Bellevue City of Kent City of SeaTac City of Tukwila City of Enumclaw Document Dated 5 -28 -10 Exhibit C -5 Transitional Licensing Revenue Support Services Provided in 2010 The Cities that will receive Transitional Licensing Revenue Support Services in 2010 are listed below. These Cities have been selected by determining which cities in 2009 had the lowest per- capita licensing revenue amongst all cities to which the County was then providing animal care and control services, and (as shown in Exhibit C -1). The Transitional Licensing Revenue Support Services to be provided in 2010 are detailed in Section 7 of the Agreement. The 2010 Estimated Payment for these Cities incorporates the estimated revenue expected to result from these services. 51 Summary of Calculation Periods for Use and Population Components This Exhibit restates in summary table form the Calculation Periods used for calculating the usage and population components in the formulas to derive Estimated Payments. See Exhibit C for complete formulas and definitions of the formula components. ER is estimated Licensing Revenue attributable to the City CFS is total annual number of Calls for Service originating in the City A is the number of animals in the shelter attributable to the City I is the number of active paid regular pet licenses issued to City residents Pop is Population of the City expressed as a percentage of all Contracting Parties; D Pop is Population of the City expressed as a percentage of the population of all jurisdictions within a Control District Calculation Periods Service Year 2010 stmated Final 20 Payient Same ER CFS A I Pop, D -Pop July 2009 OFM report, adjusted for annexations known approved to occur in or prior to 2010 /1 Document Dated 5 -28 -10 2009 2007 -2009 2008 -2009 2007 -2009 Exhibit C -6: Same Same Same Same ecoricilat _Payment; `A.iriouit (d ed June 2611) Actual 2010 (July December) Actual 2010 (July December) Actual 2010 (July December) Actual 2010 (July December) US Census (published April 2011) 52 Calculation Periods Service Year 2011 Component Preliminary ;`Estimated 2011:: Estimated .2011 10 Payment: publisl ed= peceiri bhh dA 2010)_V ER CFS IA II Pop, D -Pop Calculation Periods: Service Year 2012 component Preliminary .Estimated 2012 Payment (published August 2011) I Actual 2010 Actual 2010 Actual 2010 I Actual 2010 ER CFS A I Pop, D -Pop July 2011 OFM report, adjusted for annexations known approved to occur in 2012. Document Dated 5 -28 -10 ent' (pu s e ugust I 2007 -2009 I 2007 -2009 I 2008 -2009 2007 -2009 July 2010 OFM report, adjusted for annexations known approved to occur in or prior to 2011. Same I Same I Same I Same Same (corrected if necessary for annexations approved after August 2010 and effective during or before 2011) Estimated 2012 10 Payment (published December 2011) Same I Same Same I Same Same (corrected if necessary for annexations approved after August 2011 and effective during or before 2012) econciliation a ent Amount determined June 2012) I Actual 2011 Actual 2011 I Actual 2011 I Actual 2011 July 2011 OFM report, adjusted for annexations approved after April 2011 to take effect in 2011 Reconciliation_ Payment. Amount (determined June 2013) Actual 2012 I Actual 2012 I Actual 2012 I Actual 2012 July 2012 OFM report, corrected if necessary for annexations approved after April 2012 to take effect in 2012 53 Exhibit C-7 Payment and Calculation Schedule Service Year 2010 (July 1, 2010 December 31, 2010) tiOANNEKRaireentl Final Estimated 2010 Payment calculation August 1, 2010 provided to City by County 2010 Estimated Payment payable by City (or January 15, 2011 County, if a credit is calculated) Reconciliation Adjustment Amount for 2010 On or before June 30, 2011 calculated by County; City notified Reconciliation Adjustment Amount for 2010 August 15, 2011 payable by City (or County, if a credit is calculated) Service Year 2011 I Item Preliminary estimate of 2011 Estimated Payments provided to City by County Final Estimated 2011Payment calculation provided to City by County First 2011 Estimated Payment due Second 2011 Estimated Payment due 2011 Reconciliation Adjustment Amount calculated 2011 Reconciliation Adjustment Amount payable I II /1 1/ 1/ Document Dated 5-28-10 August 1, 2010 December 15, 2010 I June 15, 2011 I December 15, 2011 On or before June 30, 2012 August 15, 2012 54 Service Year 2012 It' nwE: Preliminary estimate of 2012 Estimated Payments provided to City by County, (together with notice of reminder of deadline for giving notice of intent not to automatically extend Agreement an additional two years.) Final Estimated 2012 Payment calculation provided to City by County Notice of Intent not to Automatically Extend Agreement due First 2012 Estimated Payment due I Second 2012 Estimated Payment due 2012 Reconciliation Adjustment Amount calculated 2012 Reconciliation Adjustment Amount payable Dates for remittal to County of pet license sales revenues processed by Cities (per section 3.c) Document Dated 5 -28 -10 August 1, 2011 December 15, 2011 May 1, 2012 I June 15, 2012 December 2012 On or before June 30, 2013 On or before August 15, 2013 If the Agreement is extended past December 31, 2012, the schedule is developed in the same manner as described above for years 2011 and 2012. See Section 4 of Agreement for additional details on Extension of the Agreement Term for an additional two years. Quarterly, each March 31, June 30, September 30, December 31 55 The purpose of the reconciliation calculation is to adjust payments made each Service Year by Contracting Parties to reflect actual use, population, licensing rates and licensing and non- licensing revenue data as compared to the Estimated Payments made. To accomplish this, an Adjusted Payment "AP" calculation is made each June for each Contracting City, using the same formulas from Exhibit C but substituting actual values as described below (with one additional component calculation related to Enhanced Service Contracts). For Service Year 2010, AP is calculated based on actual values from the six month period of the Agreement from July- December 2010, compared against the 2010 Final Estimated Payment for the same six month period, thus: EP AP R For Service Years 2011 and beyond, AP is an annualized number, and is compared to the total Estimated Payments owed by the Party for the Service Year "EP x 2 to determine a Reconciliation Adjustment Amount "R thus: (EP x 2) AP R The value of "R" can be positive or negative; provided that in no event shall a City receiving a Transition Funding Credit for the Service Year pay less than $0 for receipt of Animal Services in that year, and in no event shall a City receiving a Resident Usage Credit or Impact Mitigation Credit for the Service Year pay less than $2,750 (annualized) for receipt of Animal Services in that year if Bothell is served, nor less than $2,875 (annualized) for receipt of Animal Services in that year if Bothell is not served in such year (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for such year to PAWS for shelter services). As described in Exhibit C, the amount of the Estimated Payment(s) "EP for each Service Year are derived from applying Budgeted Net Allocable Costs and historical (Calculation Period) use, population and licensing data to the formulas set forth in Exhibit C. These formulas are restated below, substituting actual value components (denoted by an "A" in subscript) for purposes of calculating "AP." Terms not otherwise defined here have the meanings set forth elsewhere in Exhibit C or the body of the Agreement. Document Dated 5 -28 -10 Exhibit D Reconciliation 56 AP= [AC +AS +AL- AR— T —U —M] Where: AC {[(CA x .25) x .5] x CFSA} {[(CA x. 25) x .5] x D -PopA} 0 AS (for "Northern Cities" with shelter contracts with PAWS) (SA x .5 x PopA) 2 AS (for all other cities) SA x .5 x PopA)] (ESPA x PopzA) (SA x .5 x AA) AL [(LA x .5 x PopA) (LA x .5 x IA)] And where: "AC" is the City's adjusted share of the Control Services Cost for the Service Year. "AS" is the City's adjusted share of the Shelter Services Cost for the Service Year. "AL" is the City's adjusted share of the Licensing Services Cost for the Service Year. "T" is the Transition Funding Credit, if any, for the Service Year, provided that the Transition Credit will be limited if necessary so that the value of AP is not less than zero. "U" is the Resident Usage Credit, if any, for the Service Year, provided that the Resident Usage Credit will be limited if necessary so that the value of AP is not less than $2,750 (annualized) for receipt of Animal Services in that year if Bothell is served and not less than $2,875 (annualized) for receipt of Animal Services in that year if Bothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for such year to PAWS for shelter services). "M" is the Impact Mitigation Credit, if any, for the Service Year, provided that the Impact Mitigation Credit will be limited if necessary so that the value of AP is not less than $2,750 (annualized) for receipt of Animal Services in that year if Bothell is served and not less than $2,875 (annualized) for receipt of Animal Services in that year if Bothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for such year to PAWS for shelter services). "AR" is Actual Licensing Revenue attributable to the City, based on actual Licensing Revenues received from residents of the City in the Service Year. (License Revenue that Document Dated 5 -28 -10 57 cannot be attributed to a specific Party (e.g., License Revenue associated with incomplete address information), will be allocated amongst the Parties based on their respective percentages of total AR). "CA" is Adjusted Budgeted Net Allocable Control Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for Control Services in the Service Year, less the Actual Total Non Licensing Revenue attributable to Control Services in the Service Year. "CFSA" is the actual total annual number of Calls for the Service Year for animal control services originating within the City expressed as a percentage of the CFSA for all Contract Parties within the Control District. Calls responded to by an Animal Control Officer dedicated to the City per an Enhanced Service Contract are not included in the calculation of CFSA. "D-PopA" is the Adjusted Population of the City, expressed as a percentage of the Population of all jurisdictions within the applicable Control District (pro- rated if necessary to account for annexations over 2,500 occurring during the Service Year) "PopA" is the Adjusted Population of the City expressed as a percentage of the Population of all Contracting Parties (pro -rated if necessary to account for annexations over 2,500 occurring during the Service Year) "0" is the Support Cost Adjustment Factor amount associated with Enhanced Control Service, if any, as further described in Exhibit D -1. "SA" is the Adjusted Budgeted Net Allocable Shelter Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for Shelter Services less Actual Total Non Licensing Revenue attributable to Shelter operations (i.e., adoption fees, microchip fees, impound fees, owner surrender fees, from all Contracting Parties) in the Service Year. "ESPA" is the is the sum of all reduced shelter costs allocable to all cities qualifying for such reduced charge in the Service Year (thus incorporating values of PopA). "AA" is the sum of the actual number of animals that during the Service Year that were: (1) picked up by County Animal Control Officers from within the City, (2) delivered by a City resident to the County shelter, or (3) delivered to the shelter that are owned by a resident of the City, expressed as a percentage of the total number of animals in the County shelter during the Service Year. Document Dated 5 -28 -10 58 "LA" is the Adjusted Budgeted Net Licensing Services Cost for the Service Year, which equals the County's Budgeted Total Allocable Costs for License Services in the Service Year less Actual Total Non Licensing Revenue attributable to License Services (for example, pet license late fees) in the Service Year. "IA" is the actual number of active paid regular pet licenses (e.g., excluding buddy licenses or temporary licenses) issued to City residents during the Service Year. If the resulting calculation shows that the City's AP for the Service Year is less than EP for Service Year 2010 (EP x 2 for Service Years 2011 and beyond), the difference "R shall be paid to the City by the County not later than August 15; provided that R shall be limited such that in no event shall the City pay less than zero for Animal Services for the Service Year if the City received a Transition Credit, and not less than $2750 (annualized) in that year if Bothell is served and not less than $2,875 (annualized) for receipt of Animal Services in that year if Bothell is not served (for Northern Cities with PAWS contracts in effect as of July 1, 2010, calculations are made inclusive of a City's actual payments for such year to PAWS for shelter services). If the resulting calculation shows that the City's AP is more than the EP for the Service Year, the difference "R shall be paid by the City to the County not later than August 15. Document Dated 5 -28 -10 59 Exhibit D -1 Calculation of Support Cost Adjustment Factor Associated with Enhanced Control Service ("0") The Support Cost Adjustment Factor is intended re- allocate certain indirect costs associated with Animal Control Officers (ACOs) when an Enhanced Control Service Contract is in place for any Contracting Party and the Enhanced Service is being provided during Regular ACO Service Hours as defined in Exhibit A, Part I, Section 2.a. If a Contracting Party purchases Enhanced Control Service during any part of a Service Year, and that Enhanced Control Service is provided during Regular ACO Service Hours, then a Support Cost Adjustment Factor ("0") will be calculated for all Contracting Parties in the same Control District. This calculation will be applied as part of the reconciliation process. If no Contracting Party within the Control District purchased Enhanced Control Service during any part of a Service Year, or if Enhanced Control Service was purchased but was not provided during Regular ACO Service Hours, then there is no Support Cost Adjustment Factor (that is, the value of "0" is zero). If "0" is not zero, its value will be calculated as follows: First, identify the Non Direct Service Support Costs for Control Services in a single Control District (including the management, animal cruelty sergeant, call center and IT costs and general overhead costs; excluding salary, benefits, vehicle and equipment costs). Second, divide this Non Direct Service Support Cost number by 2 (since half these costs are funded through the population -based factor in calculation of "CA to derive the Allocable Support Costs. Third, divide the Allocable Support Costs by 6 (the number of regular ACOs funded in the base service model) plus the number of Enhanced Animal Control Service Officers providing service in the Control District. For example, if a City (or Cities) in the Control District has purchased .5 FTE equivalent of Enhanced Service, the divisor is 6.5. The resulting dollar amount is then multiplied by the FTE equivalent for the Enhanced Service officer (in this example, .5) to derive the Support Cost Adjustment Factor. Document Dated 5 -28 -10 60 The Support Cost Adjustment Factor is then applied as follows to determine the value of "0" for each Contracting Party in the Control District: 1. One Half the Support Cost Adjustment Factor multiplied by the Contracting Party's percentage of Calls for Service (CFSA) is applied as a reduction in costs for all Contracting Parties in the Control District. 2. One Half the Support Cost Adjustment Factor (shared pro rata if Parties are sharing an Enhanced Control Service officer within the same Control District) is applied as an addition in costs for the Contracting Party purchasing Enhanced Service. A hypothetical example follows, based on 2010 Annualized Costs, assuming .5 FTE Enhanced Control Service purchased by 1 City in a Control District: Total Allocable Control Service Costs in the base model $1,698,500 (excluding costs of enhanced service officer): Allocable Control Service Costs per District ($1,698,500 4) $424,625 Non Direct Service Support Costs for Control Services in a Single $196,450 Control District Allocable Support Costs (allocable based on Use) $98,225 ($196,450 2) Support Cost Adjustment Factor $7,556 ($98,225 6.5 x .5FTE Assume 4 Parties in Control District City A of Calls for Service, actual (CFSA) 20% City B CFSA 30% City C CFSA 10% County CFSA 40% Assume City A purchases .5 FTE Enhanced Control Service for the full Service Year. Resulting 2010 annualized costs for "0" shown for each City and County in the rows below: City A value of "0" is an additional cost of ($7,556= 2) [20% x ($7,556 2)1= $3,778 $75 6 $3,022 $3,022 I City B value of "0" is a cost reduction of 30% x ($7,556 2) I $1,133 I City C value of "0" is a cost reduction of 10% x ($7,556 2) I $378 I County value of "0" is a cost reduction of 40% x ($7,556 2) I $1,511 Document Dated 5 -28 -I0 61 Exhibit E Enhanced Control Services Contract (Optional) Between City of "City") and King County "County The County is prepared to offer Enhanced Control Services to the City subject to the terms and conditions as described herein. The provisions of this Exhibit are optional and shall not be effective unless this Exhibit is executed by both the City and the County and the City and the County have entered into the underlying Agreement. The Parties may agree to enter into this Enhanced Control Services Contract "Contract at any point during the term of the Animal Services Interlocal Agreement between the City and the County dated effective July 1, 2010 "Agreement and prior to August 1, 2011. A. The County shall provide enhanced Control Services to the City in the form of an animal control officer dedicated to the City "Dedicated Officer as described in Attachment A (Enhanced Service Options Matrix). Such services shall be provided for the period of time and cost described on Attachment A and may not be for a term of less than one year except as per subparagraph 1 below. Costs identified in Attachment A are for one (1) year of service, in 2010 dollars, and include the cost of the employee (salary, benefits), equipment and animal control vehicle for the employee's use. Thus, the cost for service for July 1 through December 31, 2010 will be one -half the amount shown in Attachment A. Annual costs are subject to adjustment each year, limited by the Annual Budget Inflator Cap (as defined in the Agreement). 1. Notwithstanding the foregoing, a City requesting enhanced control services beginning in July 2010 can require that its Contract term end on December 31, 2010, in the event the County implements (at the County's expense) an additional 2 days per week of Control Services countywide beginning in January 2011 (resulting in 7 -day per week /8 hour day minimum). If such additional service is not funded by the County, the City's Contract for enhanced Control Services will remain in effect for such longer period as the City has requested (not less than one -year in total). B. Services of the Dedicated Officer shall be in addition to the Animal Services otherwise provided to the City by the County through the Agreement. Accordingly, the calls responded to by the Dedicated Officer shall not be incorporated in the calculation of the City's Calls for Service (as further described in Exhibit C and D to the Agreement). However, if the City is requesting that the Enhanced Service occur during Regular ACO Service Hours, the City will pay a Support Cost Adjustment Factor as part of the Document Dated 5 -28 -10 62 Reconciliation Adjustment Amount, calculated per Exhibit D -1 of the Agreement, in addition to the costs described herein. C. The scheduling of work by the Dedicated Officer shall be determined by mutual agreement of the contract administrators identified in Section 16 of the Agreement, and the mutual agreement of officials of other Cities named as contract administrators that have committed to sharing in the expense of the Dedicated Officer; provided in the event the parties are unable to agree, the County shall have the right to finally determine the schedule of the Dedicated Officer in order to best meet the requests of multiple cities in light of work rules applicable to the Dedicated Officer. D. Control Services to be provided to the City pursuant to this Enhanced Services Contract include Control Services of the type and nature as described under the Agreement with respect to Animal Control Officers serving in Control Districts, and include but are not limited to, issuing written warnings, citations and other enforcement notices and orders on behalf of the City, or such other services as the Parties may reasonably agree. E. The County shall provide the City with a general quarterly calendar of scheduled service in the City, and a monthly report of the types of services offered and performed. F. An FTE will be scheduled to serve 40 hour weeks, however, with loss of service hours potentially attributable to vacation, sick leave, training and furlough days, a minimum of 1600 hours per year will be provided. Similarly, a half -time FTE will provide a minimum of 800 hours per year. The County shall submit to the City an invoice and billing voucher at the end of each calendar quarter, excepting that during the 4th quarter of each year during the term of this Contract, an invoice shall be submitted to the City no later than December 15th. All invoiced amounts shall be payable by the City within 30 days of the invoice date. G. The City or County may terminate this Enhanced Services Contract with or without cause upon providing not less than 3 months written notice to the other Party; provided that, if the City is sharing the Enhanced Control Services with other Contracting Cities, this Contract may only be terminated by the City if: (1) all such other Contracting Cities similarly agree to terminate service on such date, or (2) if prior to such termination date another Contracting City or Cities enters into a contract with the County to purchase the Enhanced Control Service that the City wishes to terminate; provided further: except as provided in Paragraph A.1, a Contract may not be terminated if the term of service resulting is less than one year. Document Dated 5 -28 -10 63 H. All terms of the Agreement, except as expressly stated otherwise in this Exhibit, shall apply to this Enhanced Control Services Contract. Capitalized Terms not defined herein have those meanings as set forth in the Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Enhanced Services Contract to be executed effective as of this day of 201_. King County City of TUKW I LA Dow Constantine B JIM HAGGERTON, MAYOR King County Executive Mayor /City Manager Date Date Approved as to Form: Approved as to.Form: Deputy Prosecuting Attorney City Attorney Document Dated 5 -28 -10 64 Exhibit E: Attachment A ENHANCED CONTROL SERVICES OPTION REQUEST (to be completed by City requesting Enhanced Control Services; final service terms subject to adjustment by County and agreement by City and will be confirmed in writing executed and appended to Exhibit E) City Requested Enhanced Control Services Start Date: Requested Enhanced Control Services End Date: 'term of service must be at least one year, except as provided in Paragraph A.1 (alternate service end date must be provided in event sales tax vote is not approved). of Full Time Equivalent Officer (FTE) requested: (minimum request: 20 requests must be in multiples of either 20% or 25 General Description of desired services (days, hours, nature of service): Cities with whom the City proposes to share the Enhanced Control Services, and proposed percentages of an FTE those Cities are expected to request: On behalf of the City, the undersigned understands and agrees that the County will attempt to honor requests but reserves the right to propose aggregated, adjusted and variously scheduled service, including but not limited to adjusting allocations of service from increments of 20% to 25 in order to develop workable employment and scheduling for the officers within then- existing workrules, and that the City will be allowed to rescind or amend its request for Enhanced Control Services as a result of such proposed changes. Requests that cannot be combined to equal 50% of an FTE, 100% of an FTE, or some multiple thereof may not be honored. Service must be requested for a minimum term of one -year, except as permitted by Paragraph A.1. .Service may not extend beyond the term of the Agreement. Document Dated 5 -28 -10 65 City requests that alone or in combination with requests of other Cities equal at least 50% of an FTE will be charged at the rate in Column 1 below. City requests that alone or in combination with other requests for Enhanced Control Services equal 100% of an FTE will be charged at the rate in Column 2 below. Cities may propose a different allocation approach for County consideration. An FTE will be scheduled to serve 40 hour weeks, however, with loss of hours potentially attributable to vacation, sick leave, training and furlough days, a minimum of 1600 hours per year will be provided. A half -time FTE will provide a minimum of 800 hours per year. For example, a commitment to purchase 20% of an FTE for enhanced service will result in provision of not less than 320 hours per year. Hours of service lost for vacation, sick leave, training and furlough days will be allocated on pro rata basis between all cities sharing the services of that FTE. Column 1: Aggregate of 50% of an FTE Requested by all Participating Cities Cost to City: of Half -Time FTE requested) x $75,000 /year in 2010* Example: if City A requests 25% of an FTE and City B requests 25% of an FTE then each city would pay $18,750 for Enhanced Control Services from July 1, 2010 through December 31, 2011. *(50% of a Half -Time FTE) Request Signed as of this day of City of By: Its Document Dated 5 -28 -10 Column 2: Aggregate of 1 FTE Requested by all Participating Cities Cost to City: of FTE requested) x $115,000 /year in 2010 Example: If City A requests 25% of an FTE and City B requests 25% of an FTE and City C requests 50% of an FTE, Cities A and B would pay $14,375 and City C would pay $28,750 for Enhanced Control Services from July 1, 2010 through December 31, 2011. *2010 annual cost; subject to annual inflator adjustment as described in Paragraph A. 2010. 66 DATE: June 2, 2010 ISSUE City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director SUBJECT: General Election Deadlines Jim Haggerton, Mayor The Finance and Safety Committee requested information at its May 18 meeting regarding deadlines for getting items on the ballot for voter approval. From Tukwila, these items would more than likely be for voter approval of tax or fee increases. BACKGROUND Election dates are established according to state law in the Revised Code of Washington. King County publishes deadlines cities must meet in order to get items on the ballot during the special or general elections, including specific deadlines for submission of information to be included in the voter pamphlet. DISCUSSION The next general election in the state will be held on November 2, 2010. A City wishing to put an item on the ballot for that election must pass an ordinance, including the appropriate ballot title language, and transmit that ordinance to the County by August 10, 2010. The deadline for filing a statement for the voter pamphlet is August 13, 2010. Statements for and against the ballot proposal must be submitted to the County by August 18, 2010. Rebuttals of the pro /con statements must be to the County by August 20, 2010. RECOMMENDATION No recommendation, item is for informational purposes only.