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Reg 2014-08-04 COMPLETE AGENDA PACKET
L Tukwila City Council Agenda ❖REGULAR MEETING • Op 2 Jim Haggerton, .y David Mayor Councilmembers + Joe Duffie + Dennis Robertson Cline, CityAdministrator + Allan Ekberg + Verna Seal Quinn, Council President + Kathy Hougardy + Kate Kruller De'Sean Monday, August 4, 2014; 7:00 PM • Ord #2445 • Res #1836 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATION SCORE (South Correctional Entity) update. Penny Bartley, Director 3. APPOINTMENTS a. Confirm the appointment of Crystal Sweet to Position #4 on the Equity and Diversity Commission, with a term expiring 7/31/16. b. Confirm the appointment of Thong Ung to Position #6 on the Equity and Diversity Commission, with a term expiring 7/31/16. c. Confirm the appointment of Melissa Hart to Position #9 on the Equity and Diversity Commission, with a term expiring 7/31/16. d. Confirm the appointment of Joan Hernandez to the City's Landmark Commission Pg.1 Pg.1 Pg.1 Pg.11 4. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 7/21/14 (Regular Mtg.) b. Approval of Vouchers. c. An ordinance granting a non - exclusive franchise agreement to Astound Broadband, LLC, for the purpose of constructing, operating and maintaining a telecommunications system in certain public rights -of -way in the City. (Reviewed and forwarded to Consent by Utilities Committee on 7/21/14.) d. Authorize the Mayor to sign Supplement No. 1 to contract #14 -010 with KPG, Inc., for design services for the East Marginal Way South Stormwater Outfalls Project in the amount of $117,889.40. (Reviewed and forwarded to Consent by Utilities Committee on 7/21/14.) e. Authorize the acceptance of the 2014 FEMA Firefighters Grant from the U.S. Department of Homeland Security to be used to replace all existing Fire Department communication radios and operating system in the amount of $353,934.00. (Reviewed and forwarded to Consent by Finance and Safety Committee on 7/22/14.) f. An ordinance amending various ordinances codified at Tukwila Municipal Code Section 2.52.030 to provide for two unpaid holidays for a reason of faith or conscience for all City employees. (Reviewed and forwarded to Consent by Finance and Safety Committee on 7/22/14.) Pg.19 Pg.45 Pg.61 Pg.77 (continued.) REGULAR MEETING Monday, August 4, 2014 Page 2 6. UNFINISHED BUSINESS a. A resolution authorizing the transfer of funds from various funds to the Facility Replacement Fund to purchase properties in the Urban Renewal area. b. Amendments to the Ethics Code: (1) An ordinance adopting a Code of Ethics for Elected Officials to be codified at Tukwila Municipal Code Chapter 2.97. (2) An ordinance amending Ordinance Nos. 2127 and 2068, as codified at Tukwila Municipal Code Chapter 2.95, "Code of Ethics," to change the title to "Code of Ethics for Employees and Appointed Officials," and to remove Elected Officials from the ethics process used for employees and appointed officials. c. Authorize the Mayor to sign an Interlocal Agreement with the Tukwila Pool Metropolitan Park District relating to operations of the Tukwila Pool. d. A resolution amending the "Tukwila, City of Opportunity" scholarship program to increase the funding level and refine procedures. Pg.87 Pg.91 Pg.93 Pg.105 Pg.115 Pg.125 7. NEW BUSINESS 8. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.129 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Meetiq I: ale Prepared by if or :r rep/ en,, Counill review 08/04/14 CT '' `, Al of ion Dab, 08/04/14 1Zesolunon illig Dah, ()rdinan,? <1N 0,11,, Bid /Award it Ti 0 bto Pulilk I learmy, ,lpw,Dat, Vier ,1N I ),Il i, API; SP( )NSUR LI Council A4(!yor I IN L O( I) EEl I 'inane I I IT Eli P&R Poli,r PIV Sr( )1\ Suit' S Appointment of Crystal Sweet, Thong Ung & Melissa Hart o the Equity Diversity St MNI \ In Commission. Rrvw\xvi) By CO \X' NItg: El ( \&P Cmtc ' : Cmte " "ransporttmon Lm(' El I. Itilittes Crntc LI Arts Comm: E Parks Comm, Planning Comm. DATE: N/A (x)mmiTTIT. CI L\ IR: N/A ITEM INFORMATION ITEM No. 3.A. - 3.0. Si ,\ H SN )Ns( )R: MAYOR HAGGERTON OR!( IN \I Acd,',ND \ \ rr: 08/04/14 A I I,NI) \ I I l'At TI 11,1, Appointments to the Equity & Diversity Commission C \'11,;(;()R ' Di■tioion Iti.,,,,, I )it e Al of ion Dab, 08/04/14 1Zesolunon illig Dah, ()rdinan,? <1N 0,11,, Bid /Award it Ti 0 bto Pulilk I learmy, ,lpw,Dat, Vier ,1N I ),Il i, API; SP( )NSUR LI Council A4(!yor I IN L O( I) EEl I 'inane I I IT Eli P&R Poli,r PIV Sr( )1\ Suit' S Appointment of Crystal Sweet, Thong Ung & Melissa Hart o the Equity Diversity St MNI \ In Commission. Rrvw\xvi) By CO \X' NItg: El ( \&P Cmtc ' : Cmte " "ransporttmon Lm(' El I. Itilittes Crntc LI Arts Comm: E Parks Comm, Planning Comm. DATE: N/A (x)mmiTTIT. CI L\ IR: N/A RECOMMENDATIONS: sPoNsuk/ADNIIN. ( ()NNIIII± Confirm Appointments N/A COST IMPACT / FUND SOURCE Expl,m)111,RI, RI AMOUNT B u OGETED APPROPRIATION RE IREI Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/04/14 MTG. DATE ATTACHMENTS 08/04/ 14 Informational Memorandum dated July 17, 2014 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: CITY COUNCIL iij MAYOR HAGGERTON ff DATE: JULY 17, 2014 FROM: SUBJECT: NEW APPOINTMENTS TO THE EQUITY AND DIVERSITY COMMISSION ISSUE Equity and Diversity Commission Position #4: Mary Hu lvey's term of service expired on July 31, 2014. Attached is an application from Crystal Sweet. I am recommending that she be appointed to position #4. Her term will expire on July 31, 2016. Position #6: This position has been vacant. Attached is an application from Thong Ung. I am recommending that he be appointed to position #6. His term will expire on July 31, 2016. Position #9: Charlie Penor's term of service expired on July 31, 2014. Attached is an application from Melissa Hart. I am recommending that she be appointed to position #9. Her term will expire on July 31, 2016. If you have any questions regarding these applications or appointments, please let me know by noon on Tuesday, July 22, 2014. RECOMMENDATION I am recommending the appointments as listed above for the August 4, 2014 Council Meeting. 3 4 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application for Appointment BOARDS AND COMMISSIONS Email: BoardsCommstukwilawa.qov Website: www,tukwilawa,gov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. NAME: Last ADDRESS: 1 19 2/1-5. 4-4 Street MAILING ADDRESS (if different): HOME PHONE: EMPLOYER: DATE: g -c)1(,),/ V q&Q Firs i A-uloutr-vN City Zip CELL/MOBILE PHONE: (74.1 - 5 3 3 '4 E-MAIL: 0.11/L1 C TIA,k ) Please check all that apply to you within the City of Tukwila limits: El Resident El Business Owner/Representative LI School District Representative E High School Student I wish to be considered for appointment to the following board or commission (check all that apply) COMMISSIONS: CI Arts [ii Civil Service 74 Equity & Diversity El Parks El Planning BOARDS & COMMITTEES: Li Community Police Advisory El Human Services El Library El Sister Cities El Lodging Tax El Pool Advisory (TMPD) 0 Other/Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? El Yes No If "yes", please list: AVAILABLE TO ATTEND MEETINGS: )4 Daytime Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box) FOR CITY USE ONLY: INTERVIEW DATE: APPOINTED: El Yes El No TERM EXPIRES: Boards 8. Commissions Application for Appointment Page 1 5 Professional/Community Activities (organizations, clubs, service groups, etc):. zAlt 1/1/1(./ 9, i9 I sys -4 4 I 0 A A. //l-Let a//(14._ LI-4uL Lal&Ol ( f Hobbies/Interes .41..4 L 0/ A 4 .4 (Li T Le `[.6 e/Of-"it-t4 as 4.1 s'il--- aypt-i2.. 170 Qualifications as related to this position: F A.. ./14.41.4......0 uLdi-e.o-71 too-- 117-e. pas- If( &-71 he. /1 c;72612 t ) 14- / (_32 p f _r) -(/ e Other comments/additional information for consideration: Applicant's Signature Date ek?Aia _i{ cfr,-Prizrs. 1/1 0-4-ee_Or- Wit?: Upormission, all information on this form becomes public record, For further clarification regarding this appiica don or more information regarding the boards or commissions, please call (206) 433-1800, Boards & Commissions Application for Appointment 6 0 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application for Appointment BOARDS AND COMMISSIONS RECEIVED Email: BoardsCommstukwilawa.qov Website: www.tukwilawaq ov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. DATE: - NAME: tast fr,-) Li) ADDRESS: Street MAILING ADDRESS (if different): i71') HOME PHONE: k :- EMPLOYER: CELL/MOBILE PHONE: (,,2- 0 ) ) ,(7: 211, E-MAIL: Lk, rt )27C) Please check all that apply to you within the City of Tukwila limits: Resident Business Owner/Representative 0 School District Representative 0 High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: El Arts 0 Civil Service X Equity & Diversity ID Parks LI Planning BOARDS & COMMITTEES: El Community Police Advisory 0 Human Services El Library El Sister Cities 111 Lodging Tax LI Pool Advisory (TMPD) 0 Other/Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? g Yes 111 No If "yes", please list: I AVAILABLE TO ATTEND MEETINGS: , 71 LI Daytime Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): FOR CITY USE ONLY: INTERVIEW DATE: APPOINTED: 111 Yes El No TERM EXPIRES: 7 Professional/Community Activities (organizations, clubs, service groups, etc): 0'4" (1,16: v\,k1 ;C" Ccw i t k", '"?-).U'AIII)e-iii" \ V Kt) { V" c\O'„\i'.,, d 1,",r1 (1,Lro..r\,(:), vvitc".A_d-1!6•‘,4,_/it P,2,1411/11:41 ) " ) j •-r Hobbies/Interests: K V V\-kk ' .(7'. 16,"„) Qualifications as related to this position: T 0,A.,,,„ (:)....L(-1've L. ,;.\..0 ot\,' C./,:t 1 A.,-1' 4 Q: ( C.; .54 1M - , \ ) U,I,.101t ' G .„,r vi\, W i ' ' i ■, i i ,d , r (,' ( I i (,.', Oft( I„ ,--- - I - 'V C (' 0. i 1(1,4 42 `‘,,,,,i h() ,/..' ? o, TO '' cN1__ I ,--, 5 L L, v\--1.„,t,k 0„, , .1 T7 _ ow\,, ,kf"'' ,e,p4,,,4).),,,; 4‘,,,, tr. 0, y'',., a Ittol ti v,„, ii,\ e,,,/).1,t..-..) (AIN, cilmi „). Other comments/additional information for consideration: (1:Kre4..t. '''''W1,,f,..,t Le;ovOv',,(-oTity" ,5o/vt ft t ,"),)/0?' '1/." CI L ' Applicant's Signatur A Date Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Volunteer Program Office at (206) 768-2822. City of Tukwila Volunteer Program — Application for Appointment Boards & Commissions 8 Page 2 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application fn F Appointment BOARDS �� [l� � 0 Fl COMMISSIONS ���,/`/ ��^^� ^`/ "�, RECEIVED Email: BmsrdaConnmatukvv|avva0ov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. June 25 9014 DATE: Hart Melissa �� NAME:' ' '^ '~ ' ^' Last First M.I. 13215 40th So. Tukwila QA1�� ADDRESS. ~ '~'''``~�~ � ' '``` ~~'�~ Street City Z p MAILING ADDRESS (if different): �0�-���-AO{�� HOME PHONE: ^-""^-'' """" CELL/MOBILE PHONE: City of Melissa.Hart@TukwilaVVA.gov EMPLOYER: `^'^� °' Tukwila E-MAIL: '`' '' ' '^'�� ' '^`` ^`' `'� Please check all that apply to you within the City of Tukwila limits: L. Resident El Business Owner/Representative [] School District Representative [Ti High School Student I wish to be considered for appointment to the following board or commission (check all that apply) COMMISSIONS: BOARDS & COMMITTEES: O Arts U Community Police Advisory U Civil Service L] Human Services U Equity & Diversity |J Library U Parks [] Sister Cities [Ti Planning [] Lodging Tax [] Pool Advisory (TMPD) [] Othur/Specie|Conunnittee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? Ei Yes M. No If "yes", please list: AVAILABLE TO ATTEND MEETINGS: Li Daytime *0 Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): Li FOR CITY USE ONLY: APPOINTED: El Yes Li No TERM EXPIRES: INTERVIEW DATE: Boards & Commissions Application for Appointment Page 1 Professional/Community Activities (organizations, clubs, service groups, etc): Treasurer - King County Municipal Clerk's Association Washington Municipal Clerk's Association - Scholarship Committee Washington Association of Public Records Officers - Policies and Practices Committee Hobbies/Interests: Reading, gardening, cooking, camping, and spending time with family. I truly enjoyed working within the community while seeking Qualifications as related to this position: comments relating to the city's Strategic Plan. Engaging residents during City sponsored events and re-connecting with my neighbors is a great way for me to provide the greates assistance to my community. Other comments/additional information for consideration: I began my employment with the City in 2007 and I am a 34 year resident of Tukwila. Applicant's Signature Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or moo/nmnnaxooegard/nom=uoord,m,ommisnionu.p/ev»ccun(2m6) 433-1e00. Boards & Com ssions Application for Appointment 10 Page 2 4 2905 COUNCIL AGENDA SYNOPSIS )ate Avured Iii Alavor:HYTiew Cowl/ review 08/04/14 BM ITEM INFORMATION ITEM No. 3.D. 11 S 1 \ H, Siq )N. sc )k: B. MILES to the City's Landmark ORR3r.N \I Commission. /VII ND \ II\ I r,: 08/04/14 ,1 'I '11) II, \I TI I I I Appointment of Joan Hernandez Cvii (( )R E D/yis/on AN I) it Sl'IJN,A /R Councd ,l/Jo//on Dale 8/4/14 HR I I R4'00/II/run ,I .11 1.),er I)(1) 01`dinance Allt D,th, « lirci /''livard A lig I),de ire 11 Pm NI( 1 Ica 711, A hg LUe Pc.:2-R P0/h/( OtAsr All I >die' Ali: a)01 I width? I' PIF A4 :lict'v,( )it'z, Appointment of Joan Hernandez to serve as the City's designee to the City's Landmark stl,\IV \MY Commission. Ri vii Ail 31' COW Mtg. CA&P Cmte F&S Cmtc Transportation Cline lItilincs Cline ] Arts Comm. I Parks Comm. _ Planning Comm. DATE: N/A CoMMITIEF Cl IAIR: N/A RECOMMENDATIONS: SP( )NsuR/A1 OY\NII'll.1 NIN. Mayors Office, Economic Development COST IMPACT / FUND SOURCE I: \ II NI )11l rl<1 RI ()IRO I) AMOUN I 13UDGF, Fri) AI'PIw['RiAIION IA l RI I) $N/A $N/A $N/A Fund Source: N/A ( 'on/me/its: N/A MTG. DATE RECORD OF COUNCIL ACTION 08/04/14 MTG. DATE ATTACHMENTS 08/04/14 Mayor's Appointment Memorandum dated 7/18/14 Boards and Commissions Application for Joan Hernandez 11 12 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL ������������ nn�n ��nnx�n��x n��n����~ nmn�~nmn��xn�mx�����nmo TO: CITY COUNCIL FROM: Mayor Haggerton DATE: July 18, 2014 SUBJECT: APPOINTMENT TO THE TUKWILA LANDMARK COMMISSION ISSUE Appointment of Joan Hernandez to the City's Landmark Commission. BACKGROW0D. Under Tukwila Municipal Code16.60.020 the King County Landmark Commission is designated and empowered to act as the Landmark Commission for the City, thus becoming the "Tukwila Landmark Commission." The Tukwila Landmark Commission has the power and authority to designate any real property within the City as a landmark (subject to the property owner's permission). The City is permitted to have one special member serve on the Commission. The special member is appointed by the Mayor, subject to confirmation by the City Council. The special member must be a resident and have "a demonstrated interest in historic preservation." Attached with this memo is the application of Joan Hernandez, former City Councilmember and current President of the Tukwila Historical Society. I recommend Ms. Hernandez to be appointed as the "special member" to the Tukwila Landmark Commission. If you have any questions regarding these appointments, please let me know by noon on Tuesday, July 2B'2014- RECOMMENDATION Appoint Joan Hernandez to the City's Landmark Commissiom 14 it of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application for Appointment BOARDS AND COMMISSIONS (31"FY (ai: Val LA Email: E3o a rd sC rn sgant u kwi aw a lolaa Website: PAW (ILL Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. NAME: IVAN D ES 7— Last 74A1,1 First DATE: 4 --r 4 ADDRESS: 1 5L1 S tit/Wood— r 1.1141#10—A Street City MI. Zip MAILING ADDRESS (if different): HOME PHONE: I CELL/MOBILE PHONE: (62-04) EMPLOYER: E-MAIL: Cm, 3-0 Fi 6 de.cal__. Co" Please check all that apply to you within the City of Tukwila limits: Di Resident CI Business Owner/Representative 0 School District Representative II High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: BOARDS & COMMITTEES: 0 Arts 0 Community Police Advisory 0 Civil Service 0 Human Services 111 Equity & Diversity 0 Library 0 Parks 0 Sister Cities 0 Planning LI Lodging Tax 0 Pool Advisory (TMPD) IJ Other/Special Committee: LAN Ai t CS 1'0 xi HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? Yes 0 No If "yes", please list: E-6)0g.1"/ &MD V com £ Al AVAILABLE TO ATTEND MEETINGS: Daytime 54, Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): i] INTERVIEW DATE: et. FOR CITY USE ONLY: APPOINTED: El Yes 0 No TERM EXPIRES: Boards & Commissions Application for Appointment Page 1 15 Professional/Community Activities (organizations, clubs, service groups, etc): 7 f a re. V ,Ar D Hobbies/Interests: A Qualifications as related to this position: rtiktvVei,,A, f4i5roitec,41_ la cE/ME PA31- V l'c_ plE,�,aMr CuLEMtY lot a' s rok s'a 1+6 At E. 444 ii-tOt S rou /4_ CLA-, -R La A-D 5 e-6 au/ oc-rtre-rt I ii - PR cr. PI-2-A-15.E. yea A-7-rttette0 Fog 0 a 40 A4 e N S Other comments/additional information for consideration: 9241 A. At ittP$ 0 13 62431(Af MI/4 re_ cr p AN At a• A/1 co pA isk •rti A- '5 a. v5"Aii. at- cam Ate I 4 5 A. Cry eue—tt.c.nt irk/ Ar C.-Go 'L.- lb C- As ; i;) eN e TO A- CC P 41 -0 m eq Date Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call (206) 433-1800. Boards & Commissions Application for Appointment 16 Page 2 1 ukwi la Joan Hernandez, «ri Ft6D r E-D oP Term of Office: D ee,teR 4 I' 51 « D CELE-I R coaivc..si.me._•me C.. °'-' i 5 -o 3;c Coni156 172; R .144.5 (44 V Occupation: Retired Executive Assistant, Housing Management Office King County Housing Authority (20 years) Hobbies: Photography, Genealogy, Traveling, M Ssra )1 Awards: State of Washington: 2009 Governor's Award of Excellence for outstanding volunteer service to community and state. Affiliations/Associations: National Association of Housing & Redevelopment Officials Past VP & Woman of Distinction, Soroptimist International, Seattle-South Past VP and Woman of the Year, Business & Professional Women Past Member, Board of Directors, Hand-Up Foundation Past Chair, REACH (Regional Effort to Achieve Affordable Housing) 2010 South County Area Transportation Board Representative oil-President Tukwila Historical Society Centennial Steering Committee 2007 - 2008 Current Member & Past Chair, Equity & Diversity Commission of Tukwila Appointed to Affordable Housing Advisory Board by Gov. Locke 2004 AWC Housing Policy Advisory Committee 2007 - 2008 AWC Certificate of Municipal Leadership 2007 Other: Council President 1990, 2001, & 2009 2001, 2009 Chair of Lodging Tax Committee Past Chair of four Council Committees: Community Affairs & Parks, Finance & Safety, Transportation Committee, Utilities Committee Member, Human Services Roundtable, 1991 - 1997 Suburban Cities Association Southwest King County Chamber of Commerce Email: CAA roaln pt ik-a c. m Plt6-IE-- .2, c4) A/raw tiee.L. 17 18 COUNCIL AGENDA SYNOPSIS iii jtlult ITEM INFORMATION ITEM No. 5.C. S 1 u 1 SP0Nm nt. BOB GIBERSON RICIN \I, Ac,i Ni) \ D \ II' 08/04/14 \G I ND\ I I \ I T1 li 1 Ordinance Granting a Non-Exclusive Franchise Agreement with Astound Broadband, LLC 08/04/14 BG 3' 1 t Ord/name Biel ,12varr 11/0, I .),Ile Pub/r, I icaring ,IlIgl)die ()/her Atte, I) flu Allg Date 08/04/14 Si' ( r\.,s( )It ( oun,r/ Mayor L HR El DC I) t'inane E I ii IT li IV* Police l'Ir SP( r\,,,( )it's Astound Broadband, LLC, a subsidiary of Wave Division Holdings, LLC, provides Sc\P\1\10 telecommunication services including high-speed internet access, data transport, and dark fiber leasing. Astound intends to construct fiber optic laterals for the Tukwila School District's broadband capacity. The Astound franchise agreement is for five years with a possible one year extension. Council is being asked to approve the new ordinance for the franchise agreement to Astound Broadband, LLC. I v i i \ x , I D liV ; V MIg C. Cmtc I'&S (/ Transportation Cmte Z I 1tilitics C Arts (mm, Parks Comm _ Planning Comm. DAT!' 07/21/14 (:( )NiNtirriE CI IAIR: ALLAN EKBERG(ACTING) RECOMMENDATIONS: SP( )Nm )R/ADMIN. 0 ):\INII Public Works Department 11 II Majority Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE u\pi Nl)ll[ 1RU m QI,IRI t AMOUNT r BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 ITEM INFORMATION ITEM No. 5.C. 19 S 1 u 1 SP0Nm nt. BOB GIBERSON RICIN \I, Ac,i Ni) \ D \ II' 08/04/14 \G I ND\ I I \ I T1 li 1 Ordinance Granting a Non-Exclusive Franchise Agreement with Astound Broadband, LLC : \ II Gun I )1,,n1■7on _ INI)eliC Alolron 11 /(,,l)ai e Reioltthon Allg 1),1/e Ord/name Biel ,12varr 11/0, I .),Ile Pub/r, I icaring ,IlIgl)die ()/her Atte, I) flu Allg Date 08/04/14 Si' ( r\.,s( )It ( oun,r/ Mayor L HR El DC I) t'inane E I ii IT li IV* Police l'Ir SP( r\,,,( )it's Astound Broadband, LLC, a subsidiary of Wave Division Holdings, LLC, provides Sc\P\1\10 telecommunication services including high-speed internet access, data transport, and dark fiber leasing. Astound intends to construct fiber optic laterals for the Tukwila School District's broadband capacity. The Astound franchise agreement is for five years with a possible one year extension. Council is being asked to approve the new ordinance for the franchise agreement to Astound Broadband, LLC. I v i i \ x , I D liV ; V MIg C. Cmtc I'&S (/ Transportation Cmte Z I 1tilitics C Arts (mm, Parks Comm _ Planning Comm. DAT!' 07/21/14 (:( )NiNtirriE CI IAIR: ALLAN EKBERG(ACTING) RECOMMENDATIONS: SP( )Nm )R/ADMIN. 0 ):\INII Public Works Department 11 II Majority Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE u\pi Nl)ll[ 1RU m QI,IRI t AMOUNT r BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments MTG. DATE RECORD OF COUNCIL ACTION 08/04/14 MTG. DATE ATTACHMENTS 08/04/14 Informational Memorandum dated 07/18/14 Draft Franchise Ordinance with Exhibits (revised after 7/21 UC) Minutes from the Utilities Committee meeting of 07/21/14 19 20 of City of Tukwila Jim Haggerion, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Frank Iriarte, Deputy Public Works Director DATE: July 18, 2014 SUBJECT: Astound Broadband LLC Ordinance Approving Franchise Agreement ISSUE Approve Ordinance for Astound Broadband LLC (Astound) Franchise Agreement. BACKGROUND Astound is a Washington limited liability company and is a wholly-owned subsidiary of Wave Division Holdings LLC. Astound provides telecommunication services including high-speed internet access, data transport and dark fiber leasing to business customers. DISCUSSION Astound owns conduit and fiber assets within the Lake Washington Ring. Astound's backbone enters the City from SW Grady Way, proceeding north along Interurban Ave S to East Marginal Way S. then to Boeing Access Rd and continues north on Airport Way S into Seattle. From the backbone, Astound intends to construct fiber optic laterals to provide fiber connectivity to the Tukwila School District. When completed, the fiber project will significantly increase Tukwila School District's broadband capacity. In addition to the Tukwila School District, Astound's fiber p ject will include a connection to serve a potential customer located in the vicinity of King County Bow Lake Transfer Station. Astound's fiber project is depicted in Exhibit A. Fiber Optic System Description and Project Map. The attached Franchise Agreement would allow Astound to construct, operate and maintain a fiber optic system in the City's right-of-way. FINANCIAL IMPACT Under the terms of the Franchise, Astound will be required to pay the City a $5.000 administrative fee within 30 days of franchise approval. RECOMMENDATION Council is being asked to approve the Ordinance allowing Astound Broadband LLC Franchise Agreement and consider this item on the Consent Agenda at the August 4, 2014 Regular Meeting. Attachment: Draft Franchise Ordinance with Exhibits A & B WAPW Eng \PROJECTS\ Franchise\ Info Memo Ordinance Franchise Astound Broadband FINAL.docx 22 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO ASTOUND BROADBAND, LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Astound Broadband, LLC ("Astound") is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound region; and WHEREAS, Astound's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights-of-way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights-of-way is necessary to ensure that the burden of costs for the operations of non-municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non-exclusive franchises for the use of public streets, rights-of-way, and other public property for transmission of communications; W: Word Process ng \Ordinances \Astound franchise agreement 7-15-14 Ft:bjs Page 1 of 11 23 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1, Non-exclusive Franchise Granted. A. The City hereby grants to Astound, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City-owned rights-of-way generally described in Exhibit A attached hereto, and hereinafter referred to as the "Franchise Area." B. The foregoing franchise rights and authority ("Franchise") shall not be deemed to be exclusive to Astound and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to Astound; provided, that such other franchises do not unreasonably interfere with Astound's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes Astound to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to Astound. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful, uniform, non-discriminatory, and reasonable rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of five years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and Astound shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If Astound requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise Agreement, written notice of the extension shall be provided to Astound prior to the Franchise expiration date. W: Word Processing \Ordinances \Astound franchise agreement 7-15-14 Fltjs 24 Page 2 of 11 Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of Astound to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, Astound shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila's Department of Public Works. 2. Coordination. All capital construction projects performed by Astound within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Public Works Engineering Division to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. 3. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for Astound within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. 4. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. 5. Relocation. a. Whenever the City causes a public improvement to be constructed within the Franchise Area, and such public improvement requires the relocation of Astound's facilities, the City shall provide Astound with written notice requesting such relocation along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and Astound shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction W: Word Processing \Ord nances\Astound franchise agreement 7-15-14 Fl:bjs Page 3 of 11 25 standards, utility conflicts, as-built requirements, and other pertinent relocation plan details. b. To ensure timely execution of relocation requirements, Astound shall, upon written request from the City, provide at Astound's expense, base maps, current as-built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the timeframe specified by the City. c. Astound may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within a reasonable time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise Astound in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, Astound shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Astound full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Astound shall relocate its facilities as otherwise specified in Section 5, subparagraph 5. d. Upon final approval of the relocation plan by the City, Astound shall, at its own expense, unless otherwise prohibited by statute, and at the timeframe specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right-of-way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights-of-way. e. If during the construction, repair, or maintenance of the City's public improvement project an unexpected conflict occurs from Astound's facilities, Astound shall, upon notification from the City, respond within 24 hours to resolve the conflict. 6. Removal or Abandonment. Upon removal from service of Astound's facilities or equipment that are located within the Franchise Area, Astound shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by Astound may be abandoned without the express written consent of the City. 7. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Astound shall, upon the request of the City, furnish a bond executed by Astound and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to W: Word Processing \Ordinances\Astound franchise agreement 7-15-14 Fltjs 26 Page 4 of 11 ensure performance of Astound's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by Astound in the City rights-of-way. At Astound's sole option, Astound may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that Astound shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective Astound work or materials discovered in the City's roads, streets, or property. 8. "One-Call" Location and Liability. Astound shall subscribe to and maintain membership in the regional "One-Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to Astound's system components or for interruptions in service to Astound customers which are a direct result of work performed for any City project for which Astound has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One-Call. The City shall also not be liable for any damages to the Astound system components or for interruptions in service to Astound customers resulting from work performed under a permit issued by the City. 9. As-Built Plans Required. Astound shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permit issued by the City and any work undertaken by Astound pursuant to this Franchise Agreement. The City shall determine the acceptability of any as-built submittals provided under this section. 10. Recovery of Costs. Astound shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Astound shall pay such reasonable costs and expenses directly to the City. 11, Vacation. If, at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to Astound, terminate this Franchise Agreement with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages or loss to Astound by reason of such termination other than those provided for in RCW 35.99. W: Word Processing \OrdinancesV\stound franchise agreement 7-15-14 Fl:bjs Page 5 of 11 27 Section 6. Franchise Compliance. A. Franchise Violations. The failure by Astound to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City which describes the violations of the Franchise Agreement and requests remedial action within 30 days of receipt of such notice. If Astound has not attained full compliance at the end of the 30-day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30-day period. B. Emergency Actions. 1. If any of Astound's actions under this Franchise Agreement, or any failure by Astound to act to correct a situation caused by Astound, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order Astound to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify Astound and give Astound an opportunity to correct within a reasonable specified time, said threat, financial harm or delay before undertaking such corrective measures. Astound shall be liable for all reasonable costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by Astound and shall further be liable for all reasonable costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by Astound to take appropriate action to correct a situation caused by Astound and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of the terms of this Franchise Agreement. 2. If, during construction or maintenance of Astound's facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, Astound or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of Astound's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and/or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, Astound shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow Astound to abandon its facilities in place. W: Word Processing \Ordinances\Astound franchise agreement 7-15-14 Fl:bjs 28 Page 6 of 11 Section 7. Insurance. A. Astound shall maintain liability insurance written on a per occurrence basis during the full term of this Franchise Agreement for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name as additional insured the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve Astound from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this Franchise Agreement shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not to be unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in Astound's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from Astound to another person or entity controlling, controlled by, or under common control with Astound. Astound may license fibers to other users without the consent of the City provided that Astound remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this Franchise which requires the approval of the City, Astound shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure that the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any actual and W: Word Processing \Ordinances\Astound franchise agreement 7-15-14 H:bjs Page 7 of 11 29 reasonable administrative costs associated with a transfer of this Franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative/Franchise Fees, A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for any "telephone business" as defined in RCW 82.16.010 or "service provider" as defined in RCW 35.99.010, except that fees may be collected for administrative expenses related to such franchise. Astound does hereby warrant that its operations as authorized under this Franchise Agreement are those of a telephone business as defined in RCW 82.16.010 or a service provider as defined in RCW 35.99.010. B. Astound shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of the City's right-of-way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time administrative fee is due 30 days after franchise approval. C. The City reserves the right to exercise authority it has or may acquire in the future to charge a franchise fee as authorized by law. D. In the event Astound submits a request for work beyond the scope of this Franchise Agreement, or submits a complex project that requires significant comprehensive plan review or inspection, Astound shall reimburse the City for amendments and expenses associated with the project. Astound shall pay such costs within 30 days of receipt of a bill from the City. E. Failure by Astound to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or Astound shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: christy.oflaherty@tukwilawa.gov Phone: 206-433-1855 W: Word Process ng\OrdinanceslAstound franchise agreement 7-15-14 Fl:bjs 30 Page 8 of 11 Astound Broadband, LLC Attn: James A. Penney, EVP 401 Kirkland Parkplace, Suite 500 Kirkland, WA 98033 Email: jpenney©wavebroadband.com Phone: 425-896-1891 with an additional copy to: Cinnamon Mueller 307 N. Michigan Ave., Suite 1020 Chicago, IL 60601 Section 12. Indemnification. A. Astound shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities within the Franchise Area. Astound shall indemnify and hold the City harmless from all third party claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of Astound, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Astound by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to Astound's obligation pursuant to this section, the City shall within a reasonable time notify Astound thereof and Astound shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to Astound's obligation pursuant to this section, the City shall promptly notify Astound thereof, and Astound shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, Astound may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require Astound to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. W: Word Processing\Ordinances\Astound franchise agreement 7-15-14 Fl:bjs Page 9 of 11 31 B. To the extent of any concurrent negligence between Astound and the City, Astound's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action that arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, Astound expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of Astound's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by Astound, to enforce the remaining provisions of the ordinance, Astound shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance that may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. Astound shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right-of-way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. W: Word Processing \Ordinances\Astound franchise agreement 7-15-14 Fl:bjs 32 Page 10 of 11 Section 16. Future Rules, Regulations, and Specifications. Astound acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to Astound, shall thereafter govern Astound's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect Astound's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to Astound and other similar users of such facilities. Section 17. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 18. 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 , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Astound Broadband, LLC, Fiber Optic System Description and Project Map Exhibit B — Astound Broadband, LLC, Franchise Agreement Acceptance Form W: Word Processing \Ordinances \Astound franchise agreement 7-15-14 H:bjs Page 11 of 11 33 34 Exhibit A Astound Broadband, LLC Fiber Optic System Description Existing Conduit Path: Beginning at the Eastern City limits at Southwest Grady Way and Monster Road, Astound has ownership in a single conduit within the conduit path commonly known as the "Lake Washington Ring ", constructed by 360 Networks, and currently operated by Zayo Group. This path routes along Southwest Grady Way, then proceeds north along Interurban Ave South, which then changes to East Marginal Way South. The route then transitions at State Route 900 to Airport Way South, leaving Tukwila right of way at a point north of State Route 900, and south of Boeing Field. This route then re- enters Tukwila right of way on Airport Way South for approximately 2,000 feet, then leaves Tukwila right of way, and continues north into Seattle. All Routes in Tukwila will ultimately extend from this existing path to service locations on the network. Below are the route descriptions working from south to north, identifying each route and sub -route as a "Spur Route ". Spur Route 1, 1A, 1B Spur Route 1 (Serving Tukwila Elementary) Beginning at Interurban Avenue South and 58th Avenue South, construct on 58th Avenue South to South 147th Street, then east to 59th Ave South, and then south on 59th Ave South to South 149th Street, then east on South 149th Street to Tukwila Elementary School. This entire route is to be constructed using underground construction methodology. Spur Route 1A Beginning at 58th Avenue South and South 144th Street, proceed west using underground construction methodology on South 144th Street across Interstate 5 to 51st Avenue South. Proceed south on 51st Avenue South, placing aerial cable on existing poles, to Southcenter Boulevard. The route continues south using underground construction methodology across Highway 518, following to the point the road turns into Klickitat Drive, then across Interstate 5 and into Southcenter Mall property to serve a customer. Spur Route 1A is a future planned route 35 Spur Route 1B Beginning at 51st Avenue South, using underground construction methodology, the route proceeds west on Southcenter Boulevard to 42nd Avenue South. Continue south on 42nd Avenue South, across Highway 518, to South 164th Street, where this route departs Tukwila right of way. This route will continue south outside Tukwila right of way, and will re -enter the right of way for a connection to a customer at the Bow Lake Landfill facility north of South 188th Street and Orillia Road South. After crossing Highway 518, to the point the route departs Tukwila Right of way, the cable will be aerial cable on existing poles. Spur Route 1B is a future planned route. Spur Route 2 Route begins at Interurban Avenue South and South 133rd Street, then proceeds west, crossing Interurban Avenue South with underground construction methodology to a point west of South 134th Place, just beyond the entrance to the on -ramp to Highway 599. The route will then continue with aerial placement on existing poles on South 133rd Street to South 130th Street, then continues west on South 130th Street to 37th Avenue South. Continue south on 37th Avenue South to South 132nd Street, then southwest on South 132nd Street, across Tukwila International Boulevard, and on to South 133rd Street, leaving Tukwila right of way at the western City limits on South 133rd Street at Military Road South. Spur Route 2 is a future planned route. Spur Route 3 Beginning at Interurban Avenue South and 42nd Avenue South, the route will proceed north on 42nd Avenue South to South 124th Street, then proceed east on South 124th Street to 50th Place South. Continue south on 50th Place South and South 129th Street, leaving Tukwila right of way after crossing Interstate 5 on South 129th Street. Spur Route 3 is a future planned route. Spur Route 4 (to Serve Tukwila School District Sites) Beginning at an existing vault on Interurban Avenue South, approximately 200 feet south of East Marginal Way South, using underground construction methodology, new conduit will be constructed north on Interurban Avenue South to East Marginal Way South, to an existing pole line. The route will then proceed south, using aerial cable placement, on East Marginal Way South to South 126th Street, then west on South 126th Street to 35th Avenue South. At this point, the route will continue north on 35th Avenue 36 South to Sabey property for connectivity to electronic switching gear. The route will also proceed south on 35th Avenue South, still with aerial placement on existing poles, to a point about 100 feet north of South 130th Street. The route will cross South 130th Street, then proceed west to a pole on the east side of Tukwila International Boulevard, where it will rise to aerial placement on existing poles. The route will cross Tukwila International Boulevard, and continue south on 34th Avenue South to South 135th Street, then west to a point approximately 100 feet east of 32nd Avenue South. The route will continue, using underground construction methodology, to 32nd Avenue South, with a termination taking place at Cascade View Elementary School, then south to South 137th Street, then east approximately 100 feet to existing poles. The route will continue with aerial placement east on South 137th Street to 37th Avenue South, then south to South 140th Street, then east to Tukwila International Boulevard, crossing Tukwila International Boulevard with underground construction methodology. The route will proceed east on South 140th Street, rising to aerial placement for a short span, then crossing 42nd Avenue South with underground construction, then rising to aerial placement again at 43rd Avenue South, then south on 43rd Avenue South aerially to a point about 200 feet north of South 142nd Street. The route will then go to underground construction to South 142nd Street, west to 42nd Avenue South, then south to South 144th Street, and east to 46th Avenue South. The route will return to aerial construction at 46th Avenue South, and proceed south to South 150th Street. The route will proceed with underground construction on South 150th Street, and will terminate at Thorndyke Elementary. 37 38 4) Oi 1. 1_, 1° 1908 City of Tukwila W N E 1 \'‘. ply, S Not to Scale ..I1 4y �' sIa 1 1 : 'J nigItta w ASTOUND FIBER 1. EXISTING 11111111111111111111111111111111111111111111111111111111111111111I 2. AERIAL �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIY 3. UNDERGROUND 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 0 6 1 ■ 5 II m ht ss "a s Ih 'I 4 0 y n) m H 4 VI �\a I r Po ,� 1112„g1I'll .,,,. . .. IF IiiIII i 111 S[ 1 11 4h 1 � r 1� 1111� e,a , , en,. W\ s a.y ., r d i4 fe fl �h I Vx � 0�Im 1 1k I "Hi Asa 10 ., � 1 2 ea 11111 ' . 405 ' d .,a• 4 e i I 11...... j 11 1 III 1 Vicinity Map �.rxria o ,carp or o scla n er The location of features and e approximate and are intended reference only. Data is based information available. boundaries for on best GIS Tukwl la on 40 Date : EXHIBIT B Astound Broadband LLC Franchise Agreement Acceptance Form City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila WA 98188 Re: Ordinance No. , Adopted on Dear City Clerk: In accordance with and as required by Section 4 of City of Tukwila Ordinance No. , passed by the City Council and approved by the Mayor on (the "Ordinance "), Astound Broadband, LLC hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Signature Printed Name and Title cc: Frank Iriarte, Deputy Public Works Director Exhibit B 41 42 UTILITIES COMMITTEE Meeting Minutes July 21, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building City of Tukwila Utilities Committee PRESENT Councilmembers: Allan Ekberg, Kathy Hougardy (Absent: Kate Kruller) Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Ryan Larson, Pat Brodin, Gail Labanara, Laurel Humphrey Guests: Vic Peterson and Dan Walla, Astound Broadband LLC CALL TO ORDER: The meeting was called to order at 5:19 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Franchise Agreement, Astound Broadband LLC Staff is seeking Council approval of an ordinance that would grant a franchise to Astound Broadband LLC for the purpose of construction, operation and maintenance of a fiber optic *system in the City right-of-way. Astound intends to construct fiber optic laterals, or "spur routes" from their existing conduit path as described in Exhibit A. These routes will provide connectivity to the Tukwila School District, significantly increasing its broadband capacity. This proposed project will also include a connection to serve a potential customer near the Bow Lake Transfer Station. Under the terms of the proposed Franchise agreement, Astound will pay the City $5,000 within 30 days of approval. Councilmember Hougardy asked for clarification about the proposed aerial facilities shown on the project map, and ensuing discussion and investigation revealed the map contained errors. An updated map will be provided prior to full Council action. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 2014 REGULAR CONSENT AGENDA B. Supplemental Agreement: East Marginal Way South Stormwater Outfalls Staff is seeking Council approval of Supplemental Agreement No. 1 to Contract No. 14-010 with KPG, Inc. in the amount of $117,889.40 to produce 90% plans, specifications and cost estimate for the East Marginal Way South Stormwater Outfalls project. The base contract was for the design report, which following a review by the Washington State Department of Ecology was determined to require additional analysis to demonstrate that the planned permeable pavement Low Impact Development (LID) technique is appropriate at this location. LID water quality measures are a requirement of the $120,000 funding the City received from the DOE Municipal Stormwater Capacity Grant. This supplement will address the DOE's concerns and take the design to 90%. Funds for the total design effort are available from the 412 Surface Water fund using DOE Municipal Stormwater Capacity and Watershed Grant funding. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 2014 REGULAR CONSENT AGENDA. C. Purchase of Accelerated Vactor Truck Staff is seeking Committee authorization to accelerate the purchase of a new Vactor truck for the Water/Sewer Department in the amount of $522,795.36. The City currently owns two Vactor trucks, one of which was replaced approximately six years ago. The second, Unit #1309, is 16 years old and is currently out of service due to a variety of serious issues. Repairs would require approximately $90,000 which exceeds the assessed value of the truck. It is scheduled for replacement in 2015, but staff would like to accelerate the purchase to this year. The truck will take approximately 6 months to build so actual payment will be in January 2015 43 44 COUNCIL AGENDA SYNOPSIS Aleethrt; Da./e Prepared 1?y, , Alayor:r reviii, Council re Vi eli, 08/04/14 Motion 08/04/14 E ReloluPon ,11.41)alt ()hI/mince Illf, 1),,le 8141 ,z1nial( <11/1) 11( Publti I leann AIry 1 llt(' P ()firer :111q1),Itr 11/,;1),IP Si )N( It ( 0011, 1/ fJ 11(13 o j 1ii. Ej /)( 1) J i 'tmiv LI I ir Eli II 11111 PC , R Po/he P!! SI)( )\,',( )1C,, KPG, Inc. is currently the design report consultant for the East Marginal Way South \i \I \JO Stormwater Outfalls with Contract No. 14-010. This Supplement will take the design to the 90% level and include additional analysis for the planned permeable pavement Low Impact Development (LID) technique proposed for the area. Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 14-010 with KPG for 90% design services in the amount of $117,889.40, bringing the total contract amount to $139,593.72. RI \ II \\I DI ,( V Nlrg. ( !fit( CA&P (Am, E P&S Cnite Ell l ranTortation Crnte E Parl,,, Comm El Planning Conlin CONIMIFFITh, LI I \ IR. ALLAN EKBERG (ACTING) ITEM INFORMATION ITEM No. 5.D. 45 SI \I I Si II /N‘,OR BOB GIBERSON ( )iti( IN \I A( I NI) \ I) \ I I ' 08/04/14 , ,i \I Iii \I ' 1 ii 1 East Marginal Way S Stormwater Outfalls Design Supplement No. 1 with KPG, Inc. , \ I I ( ( 1R — 1)hcifi■Ion ,11/1 lilt, Motion 08/04/14 E ReloluPon ,11.41)alt ()hI/mince Illf, 1),,le 8141 ,z1nial( <11/1) 11( Publti I leann AIry 1 llt(' P ()firer :111q1),Itr 11/,;1),IP Si )N( It ( 0011, 1/ fJ 11(13 o j 1ii. Ej /)( 1) J i 'tmiv LI I ir Eli II 11111 PC , R Po/he P!! SI)( )\,',( )1C,, KPG, Inc. is currently the design report consultant for the East Marginal Way South \i \I \JO Stormwater Outfalls with Contract No. 14-010. This Supplement will take the design to the 90% level and include additional analysis for the planned permeable pavement Low Impact Development (LID) technique proposed for the area. Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 14-010 with KPG for 90% design services in the amount of $117,889.40, bringing the total contract amount to $139,593.72. RI \ II \\I DI ,( V Nlrg. ( !fit( CA&P (Am, E P&S Cnite Ell l ranTortation Crnte E Parl,,, Comm El Planning Conlin CONIMIFFITh, LI I \ IR. ALLAN EKBERG (ACTING) I Ttilities U Art., Ginim ),\11.1. 07/21/14 RECOMMENDATIONS: si,c)-()1;/,\IAIIN ( ( ) \I \II Public Works Department Ii I I Majority Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE IAN NI)11 I RI RI QUM! I) AMOUNT BUDGETED APPROPRIATION REQUIRED $117,889.40 $140,000.00 $0.00 Fund Source: 412 SURFACE WATER (PAGES 88, 2014 CIP) ' (onunen ts: MTG. DATE RECORD OF COUNCIL ACTION 08/04/14 MTG. DATE ATTACHMENTS 08/04/ 14 Informational Memorandum dated 07/18/14 (Council action revised) Page 88, 2014 CIP and Page 87, Proposed 2015 CIP Supplemental Agreement No. 1 to Contract 14-010 Minutes from the Utilities Committee meeting of 07/21/ 14 45 46 City of Tukwila Jim Haggerton, Mayo/ INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Gibemmn. Public Works Director 421/ By: Ryan Larson, Senior Program Manager DATE: July 18, 2014 SUBJECT: East Marginal Way BS1ormwmterOuffoUo Project No. 91041204, Contact No. 14'010 Supplemental Agreement No. 1 ISSUE Approve Supplemental Agreement No. 1 to Contact No. 14-010 with KPG, Inc. (KPG) to produce 90% plans, and cost estimate for the East Marginal Way S (EMWS) Stormwater Outfalls project. BACKGROUND Drainage along the northern portion of EMWS is conveyed to the Duwamish River through four separate outfalls. The ouffalls are owned by Jorgensen Forge, the Boeing Company (Boeing), and two by the King County International Airport. The Jorgensen Forge outfall was abandoned in 2012 under an order from the Environmental Protection Agency (EPA) and flows have been temporally diverted to a King County Airport outfall. Boeing is currently in final negotiations with the City to transfer ownership of their outfall. KPG was contracted for the design report through Contrac No. 14-010. The City received a 2013-15 Department of Ecology (DOE) Municipal Stormwater Capacity grant for the EMWS Stormwater Outfalls project. ThegrantmquimoUhat the p ject incorporate Low Impact Development (LID) water quality measures within the outfall basins. ANALYSIS The City submitted the required desi n report to the WA State DOE for review. The DOE is requiring that additional analysis be done to demonstrate that the planned permeable pavement LID technique proposed in the Design Report is appropriate at this location due to the areas designation as a Superfund Site. Supplement No. 1 will address the DOE's concerns and take the design to the 90% level. Completion of final design will be done once additional design and construction funding is secured. BUDGET SUMMARY This p ject*iUb8fuOded8l0Ugh1h8412GurfaceVV8te[FUndUSingVVA8hate DOE gran funds. In addition to the DOE Municipal Stormwater grant, the City also received $50,000 in a DOE Watershed Grant. It is proposed that $20,000 from the DOE Watershed grant be used to fund this design effort. Cost Budget Design Report $ 21,704.32 90% Design 117'889.40 DOE Municipal Stormwater Capacity Gran $12O'UOO.OU DOE Watershed Grant 20.000.00 Total $133.593.72 $140.000.00 RECOMMENDATION Council is being asked to approve Supplement Agreement No. 1 with KPG, Inc. in the amount Of$117'889.40 and consider this item on the Consent Agenda at the August 4, 2014 Regular Meeting. Attachments: Page 88 of 2014 CIP Page 87 of Proposed 2015 CIP Supplemental Agreement No. 1 wAPwEng\ PROJECTS wnnrroj°cls \ East Marginal Way m"rm=m°.ommn,(9,04,e04)\ rsu"mw.m"cmWaysomfallsn~p"`FIw^w".moc CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2014 to 2019 PROJECT: East Marginal Wy S Stormwater Outfalls Project No. 81041204 DESCRIPTION: Establish legal drainage connections from East Marginal Way South to the Duwamish River. Drainage Co., � Jorgensen Forge, and two King County Airport storm systems without easements. Jorgensen Forge outfall was closed in 2011 under an order from the US EPA. The Boeing Company STATUS' � contacted the City in 2009 requesting that the City take over ownership of their storm line and outfall. MAINT. IMPACT: Clarifies maintenance responsibility and will ensure reliability of system. City Attorney is working on the easements for Jorgensen's and Boeing's outfalls. Phase I: Adopt Boeing's COMMENT: Z Line and then line lower portion of pipe in 2014. Phase II: Line pipe, add water quality device and connect Jorgenson's drainage to Boeing's Z Line in 2015 and 2016. DOE design grant proposed in 2014. FINANCIAL Through Estimated (in $000's) 2012 2013 2014 2015 2016 2017 2018 2019 BEYOND TOTAL EXPENSES Design 56 120 10 50 236 LonU(RmV) O Const. Mgmt. 10 30 94 134 Construction 100 191 550 841 TOTAL EXPENSES 56 0 120 130 271 644 o o V 1,211 FUND SOURCES Awarded Grant 0 Proposed Grant 120 120 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 56 O 0 120 271 644 0 0 0 1.091 TOTAL SOURCES 56 0 120 120 271 644 0 0 0 1,211 oject Location 48 2014 2019 Capital Improvement Program 88 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: East Marginal Wy S Stormwater Outfalls Project No. 91041204 DESCRIPTION: Establish legal drainage connections from East Marginal Way South to the Duwamish River. Drainage from E Marginal Wy S is discharged through outfalls owned and operated by the Boeing Co., JUSTIFICATION: ' JorgenaenFo»ge.andtwoKingCoun1yAiqportxtormsyotemawi!hou1eoaomenta. Jorgensen Forge outfall was closed in 2011 under an order from the US EPA. The Boeing Company STATUS: contacted the City in 2009 requesting that the City take over ownership of their storm line and outfall. A consultant is preparing design for rerouting the Jorgensen outfall and adding water quality features. MA|NT|MPACT: Clarifies maintenance responsibility and will ensure reliability of system. City Attorney is working on the easements for Jorgensen's and Boeing's outfalls. Phase I: Adopt Boeing's COMMENT: Z Line and then line lower portion of pipe in 2014. Phase II: Line pipe, add water quality device and connect Jorgenson's drainage to Boeing's Z Line in 2015 and 2016. DOE design grant proposed in 2014. FINANCIAL Through Estimated 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 59 140 10 50 259 LanU(R8V) O Const. Mgmt 10 30 91 131 Construction 100 191 550 841 TOTAL EXPENSES 59 140 120 271 641 0 0 0 0 1,231 FUND SOURCES Awarded Grant 120 120 Awarded Grant 20 20 Mitigation Actual O Mitigation Expected 0 Utility Revenue 59 0 120 271 641 0 O o 0 1.091 TOTAL SOURCES 59 140 120 271 641 0 0 o 0 1,231 2015 - 2020 Capita Improvement Program 87 50 SUPPLEMENTAL AGREEMENT NO. 1 AGREEMENT NO. 14 -010 PROJECT NO. 91041204 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 753 - 9th Avenue N. Seattle, WA 98109 PROJECT: E. Marginal Way S Stormwater Outfalls Project — Prepare 90% Design This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 4th day of February, 2014. All provisions in the basic agreement remain in effect, except as expressly modified as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide additional survey, geotechnical, environmental, and final design services in accordance with the scope of work included as Exhibit A. Article 3, Duration of Agreement, Time for Performance, shall be modified as follows: The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than April 1, 2015 unless an extension of such time is granted in writing by the City. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto, provided that the total amount of payment to the Consultant for this work not exceed $117,889.40 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $139,593.72 without express written modification of the Agreement signed by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2014. APPROVED: APPROVED: CITY OF TUKWILA KPG, INC. Jim Haggerton Mayor Attested: Christy O'Flaherty, City Clerk Nelson Davis, P.E. Principal 51 EXHIBIT A City of Tukwila East Marginal Way South Stormwater Outfalls Project Supplement No. 1 Prepare 90% Design Scope of Work July 15, 2014 Drainage from East Marginal Way South historically discharged through outfalls owned and operated by the Boeing Company, Jorgensen Forge, and two King County Airport storm systems. The Jorgensen Forge outfall was abandoned in 2012 under orders from the Department of Ecology (DOE) due to contaminants within the conveyance pipe and this East Marginal Way South discharge has been temporarily diverted to the King County Airport outfall. Grant funds may be available from DOE through the 2013 -15 Municipal Stormwater Capacity Grant Program for permanent outfall modifications. In order to be eligible for this grant program, the project must incorporate Low Impact Development (LID) water quality measures to the extent feasible within the outfall basin. An analysis for a permanent conveyance solution was completed by GHD Consultants in September 2011. This analysis provided conveyance options for the abandoned Jorgensen Outfall, but did not consider water quality retrofit as required by the current DOE grant program. The grant program requires all participants to submit a pre- design report to determine grant eligibility. Under the original contract authorization, KPG prepared a pre- design report in the format required for the 2013 -15 Municipal Stormwater Capacity Grant Program based on previous conveyance analysis and findings of water quality analysis. Maps and layouts for the pre- design report will be based on aerial mapping, GIS data, and available as -built data. DOE has provided comments to this report and determined that the project remains eligible for design grant funds. This supplement is provided to complete survey, environmental documentation, geotechnical analysis, and 90% design in accordance with the attached scope of work and grant funding requirements. City of Tukwila KPG, Inc. EMW Storm water Outfalls — Supp 1 Page 2 of 6 July 15, 2014 52 TASK 1 — MANAGEMENT / COORDINATION / ADMINISTRATION 1.1 The Consultant will provide continuous project management for the project duration (8 months). 1.2 The Consultant shall prepare monthly progress reports identifying work in progress, upcoming work elements, and reporting of any delays, problems, or additional information needs. The monthly progress reports shall be submitted with invoices. Task 1 Deliverables: • Monthly progress reports (8 months). TASK 2 — SURVEY AND BASE MAPPING 2.1 The Consultant shall perform field surveys and prepare base maps within the project limits and prepare 1" = 20' detailed topographic base maps of each street corridor. 2.2 The Consultant shall field verify the base map for accuracy. 2.3 The Consultant shall coordinate field utility locates for underground utilities, by subcontracting with a reputable locate firm to paint horizontal utility locations prior to topographic survey updates for inclusion on the project base maps. 2.4 Research available public records and perform field ties to show existing right of way on the project base maps. Task 2 Deliverables: • Electronic Base Map showing utility locations, surface features, contours, and existing right -of -way. Task 2 Assumptions: • Basemap will be prepared in AutoCAD Civil 3D 2013 using KPG drafting standards • Right -of -way Plans, legal descriptions, or acquisition will not be required. • Potholing, if required, will be provided by private utility owners. TASK 3 — GEOTECHNICAL EXPLORATION 3.1 GEOTECHNICAL SERVICES: Geotechnical services will support design and construction of the new storm drain and will be performed by GeoDesign under subcontract to the Consultant. The purpose of these services will be to explore subsurface conditions at the proposed locations of the improvements and provide integrated geotechnical and environmental services to support design of the planned City of Tukwila EMW Storm water Outfalls — Supp 1 Page 3 of 6 KPG, Inc. July 15, 2014 53 improvements. The specific scope of services will include: • Review of the pre- design plans and existing geotechnical and environmental information. • Attend a kick -off meeting with the project team. • Plan and perform a subsurface investigation that includes: • Complete a traffic control plan for the proposed work and obtain appropriate right -of- way (ROW) permits. • Identify and mark boring locations based on proposed improvements and existing utility information. During Phase I of the project for the pavement rehabilitation along East Marginal Way we encountered numerous utility conflicts that created challenges with completing borings along the roadway. Separate site visits will be necessary to locate the borings and complete the utility locate services and then review locates to verify the proposed locations are clear of utilities. • Complete up to 6 subsurface borings to the base of the proposed pavement section or bioretention cell and complete in situ infiltration tests. Borings will be completed to a depth of 15 feet BGS or groundwater, whichever is less, to explore conditions below the base of each facility. Soil samples will be collected at 2.5 -foot intervals to the bottom of each boring. Samples will be screened for potential volatile organic compounds with a photoionization detector. Environmental samples will be collected of material suspect of contamination. Complete in situ falling head tests in each boring to obtain an estimate of the short -term infiltration rate. Maintain a detailed log of the explorations, and obtain samples of soil encountered. • Perform geotechnical laboratory testing that includes 3 grain -size determinations and 3 grain -size determinations with hydrometer tests, up to 7 moisture content determinations, and 6 cation exchange capacity and organic content tests for evaluation of soil water quality treatment capacity. • Perform analytical testing to screen samples suspect of being impacted by contaminants. Required tests will vary depending on the type of contamination suspected. We have provided an analytical testing allowance for the tests. • Provide a draft report that summarizes the results of our investigation and our conclusions and recommendations regarding the following: • Subsurface conditions • Results of environmental screening and analytical testing • Results of in situ infiltration tests and geotechnical laboratory tests • Estimated long -term infiltration rates based on our experience, results of in situ testing, and laboratory testing • Impacts associated with stormwater infiltration • Subgrade preparation and fill materials for construction. • Attend a post draft report meeting to discuss findings and conclusions. • Prepare a final report that incorporates design team comments on the draft report. City of Tukwila KPG, Inc. EMW Storm water Outfalls — Supp 1 Page 4 of 6 July 15, 2014 54 Task 3 Deliverables: • Right -of -Way Permit Application, including Traffic Control Plan • Draft Report (electronic PDF copy) • Final Report (three paper copies and a PDF electronic copy) TASK 4 — UTILITY AND AGENCY COORDINATION 4.1 Washington Department of Ecology: The Consultant shall prepare for and attend up to two (2) coordination meetings and provide necessary phone and email communication with DOE and the City for review and comment of the pre design and design submittal. 4.2 Boeing: The Consultant shall prepare for and attend up to two (2) coordination meetings with the City and Boeing to coordinate access and design information for work on Boeing property. 4.3 Private Utilities (gas, water, sewer, power, telephone, cable): The Consultant shall distribute design submittals to utility owners and identify and conflicts and potholing needs. Utility provided potholes shall be surveyed by the Consultant and incorporated into base maps. 4.4 BNSF: The Consultant shall attend up to two (2) meetings with the City and BNSF to coordinate construction access for pipe installation. Task 4 Deliverables: • Plan distribution to private utilities. Task 4 Assumptions: • Potholing of existing private utilities, if required, will be performed by the utility owner and is not included in this scope of work. • No permits will be required by BNSF for work in the City right of way. • Obtaining easements from Boeing is not included in this scope of work. TASK 5 — PERMITTING 5.1 The Consultant shall prepare a draft and final SEPA checklist describing the project improvements for submittal and coordination by the City. 5.2 EO 05 -05 requires all state agencies with capital improvement projects consult with the Department of Archaeology and Historic Preservation (DAHP) and concerned tribes. Its purpose is to ensure state agencies take lead in protecting and preserving the rich history of Washington State. Consultations under 05 -05 will involve completing the following tasks. • Identification of the project's area of potential impacts (API). The API shall be mapped and City of Tukwila KPG, Inc. EMW Storm water Outfalls — Stipp 1 Page 5 of 6 July 15, 2014 55 include all areas proposed for ground disturbance, including staging areas. • Preparation of the EZ1 form • Submit the EZ1 form to DAHP. Task 5 Deliverables: • Draft and Final SEPA checklist, 2 paper copies and 1 pdf. • Executive Order 05 -05 documentation noted above. Task 5 Assumptions: • No other permits will be required. • Fees, signage, and public notice of SEPA will be by the City. TASK 6 — FINAL DESIGN The Consultant shall prepare Final Plans, Specifications and Estimates for review and approval by the City based on City and DOE comments received at the 30% design submittal. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. 6.1 The Consultant shall prepare 60% complete drawings of the project. The 60% submittal will include responses to all comments received from the 30% review by the City and DOE and include re- submittal to DOE for review. 6.2 The Consultant shall prepare 90% complete drawings of the project. The 90% submittal will include responses to all comments received from the 60% review. 6.3 The Consultant will calculate quantities and prepare construction cost opinions in support of the 60% and 90% Plans. 6.4 The Consultant will prepare 90% specifications for review and approval by the City. Specifications will be based on 2012 WSDOT Standard Specifications, using contract boilerplate and general special provisions provided by the City. Task 6 Deliverables: 60% and 90% Submittals • One (1) •-size unbound, seven (7) % -size bound of the Construction plans. • One (1) hard copy, and two (2) electronic version (PDF and Excel) of the Engineer's Estimate of Probable Cost.. • One (1) electronic version of the Special Provisions and seven (7) hard copies. • One (1) hard copy with a summary of responses to the previous submittal. City of Tukwila KPG, Inc. EMW Stormwater Outfalls — Supp 1 Page 6 of 6 July 15, 2014 56 Task 6 Assumptions: • Grant funding is only for 90% Design. Bid documents, if required will be prepared under a future supplement and include current specifications at time of bid. Additional Services The City may require additional services of the Consultant in order to advance the project corridor through final design, bidding and /or construction. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: • Right of way and easement research and /or acquisition • Providing bid documents and bid period assistance • Providing construction phase support • Preparation of Record Drawings These services will be authorized under a future contract supplement if necessary. At the time these services are required, the Consultant shall provide a detailed scope of work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. City of Tukwila EMW Storm water Outfalls — Supp 1 Page 7 of 6 KPG, Inc. July 15, 2014 57 HOUR AND FEE ESTIMATE Project: City of Tukwila East Marginal Way S. Stormwater Outfalls Project Supplement No. 1 - Prepare 90% Design EXHIBIT B IC.1P • Architecture • Landscape Architecture • Civil Engineering • Task Description Labor Hour Estimate Total Fee Project Manager $ 165.00 Senior Engineer $ 153.37 Project Engineer $ 119.72 Design Engineer $ 100.49 CAD Technician $ 86.54 Const Inspector $ 99.29 Survey Crew $ 139.01 Senior Admin $ 100.49 Office Admin $ 58.11 Fee Task 1 - Management, Coordination, Administration 1.1 Project Management (8 months) 8 0 0 0 0 0 0 8 8 1.2 Prepare monthly progress reports 8 0 8 0 0 0 0 0 8 Task Total 16 0 8 0 0 0 0 8 16 $ 2,588.79 $ 2,742.64 $ 5,331.43 Task 2 - Survey and Base Maps 2.1 Topographic survey 2 0 0 50 0 0 50 2 0 $ 12,506.04 2.2 Field verify base maps 0 0 4 0 4 0 0 0 0 $ 825.04 2.3 Utility pick ups 1 0 0 10 0 0 10 0 0 $ 2,560.01 2.4 Incorporate GIS right of way into base maps 1 0 4 0 0 0 0 0 0 $ 643.88 Reimbursable - Utility locates $ 3,000.00 Task Total 4 0 8 60 4 0 60 2 0 $ 19,534.97 Task 3- Geotechnical Exploration 3.1 Geotechnical coordination Reimbursable - Geotechical allowance (GeoDesign Task Total 4 2 8 0 4 0 0 2 4 4 2 8 0 4 0 0 2 4 $ 2,704.08 $ 30,000.00 $ 32,704.08 Task 4 - Utility and Agency Coordination 4.1 DOE coordination 8 4 16 8 4 0 0 0 4 $ 5,231.51 4.2 Boeing coordination 4 4 4 0 4 0 0 0 4 $ 2,330.96 4.3 Franchise utility coordination 2 0 8 0 8 0 8 0 4 $ 3,324.62 4.4 BNSF coordination 4 8 8 0 4 0 0 0 4 $ 3,423.32 Reimbursable - Mileage $ 200.00 Reimbursable - Reprographics $ 250.00 Task Total 18 16 36 _ 8 20 0 8 0 16 $ 14,760.41 Task 5 - Permittin 5.1 Executive Order 05 -05 0 0 2 0 0 0 0 2 2 $ 556.64 5.2 Prepare and submit SEPA checklist 4 0 8 0 8 0 0 0 4 $ 2,542.52 Reimbursable - Environmental Documentation (Widener) 2 4 8 8 8 0 0 0 $ 2,500.00 Task Total I 0 _ 0 2 0 0 0 0 2 2 $ 5,599.16 Task 6 - Final Design 6.1 Prepare 60% Plan Submittal 8 16 60 40 16 0 0 0 4 $ 16,593.76 6.2 Prepare 90% Plan Submittal 8 12 40 40 16 0 0 0 4 $ 13,585.88 6.3 Calculate quantities and prepare cost opinions 2 4 8 8 8 0 0 0 0 $ 3,397.47 6.4 Prepare 90% Specifications 4 8 16 0 0 0 0 0 16 $ 4,732.24 Reimbursable - Mileage $ 150.00 Reimbursable - Reprographics $ 1,500.00 Task Total 22 40 124 88 40 0 0 0 24 $ 39,959.35 Project Total: $ 117,889.40 7/16/2014 UTILITIES COMMITTEE Meeting Minutes July 21, 2014 — 5:15 p.m. — Foster Conference Room, 6300 Building ^,�. Tukwila City of � ������7��a Utilities Committee PRESENT Councilmembers: Allan Ekberg, Kathy Hougardy (Absent: Kate Kruller) Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Ryan Lanaon, Pat Brodin, Gail Labanara, Laurel Humphrey Guests: Vic Peterson and Dan Walla, Astound Broadband LLC CALL TO ORDER: The meeting was called to order at 5:19 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Franchise Agreement, Astound Broadband LLC Staff is seeking Council approval of an ordinance that would grant a franchise to Astound Broadband LLC for the purpose of construction, operation and maintenance of a fiber optic system in the City right-of-way. Astound intends to construct fiber optic laterals, or "spur routes" from their existing conduit path as described in Exhibit A. These routes will provide connectivity to the Tukwila School District, significantly increasing its broadband capacity. This proposed project will also include a connection to serve a potential customer near the Bow Lake Transfer Station. Under the terms of the proposed Franchise agreement, Astound will pay the City $5,000 within 30 days of approval. Councilmember Hougardy asked for clarification about the proposed aerial facilities shown on the pr ject map, and ensuing discussion and investigation revealed the map contained errors. An updated map will be provided prior to full Council action. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 2014 REGULAR CONSENT AGENDA B. Supplemental Agreement: East Marginal Way South 8Lomnvvater[>utfaUe Staff is seeking Council approval of Supplemental Agreement No. 1 to Contract No. 14-010 with KPG, Inc. in the amount of $117,889.40 to produce 90% plans, specifications and cost estimate *for the East Marginal Way South Stormwater Outfalls project. The base contract was for the design report, which following a review by the Washington State Department of Ecology was determined to require additional analysis to demonstrate that the planned permeable pavement Low Impact Development (LID) technique is appropriate at this location. LID water quality measures are a requirement of the $120,000 funding the City received from the DOE Municipal Stormwater Capacity Grant. This supplement will address the DOE's concerns and take the design to 90%. Funds for the total design effort are available from the 412 Surface Water fund using DOE Municipal Stormwater Capacity and Watershed Grant funding. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 2014 REGULAR CONSENT AGENDA. C. Purchase of Accelerated Vactor Truck Staff is seeking Committee authorization to accelerate the purchase of a new Vactor truck for the Water/Sewer Department in the amount of $522,795.36. The City currently owns two Vactor tnuche, one of which was replaced approximately six years ago. The second, Unit #1309, is 16 years old and is currently out of service due to a variety of serious issues. Repairs would require approximately $90,000 which exceeds the assessed value of the truck. It is scheduled for replacement in 2015, but staff would like to accelerate the purchase to this year. The truck will take approximately 6 months to build so actual payment will be in January 2015 60 COUNCIL AGENDA SYNOPSIS illeciing Dale Prepanyi by Alayor's re 08/04/14 MG Counti/ review ITEM INFORMATION ITEM No. 5.E. 61 :1 \11 SN )NN)R: MARTY GRISHAM itR,INU AGI ND \ DM : 08/04/14 A( d N I 1 1 :t Tin I 2014 FEMA Assistance to Firefighters Grant 01),11$ Jim \11„ 1 )ale. 1 dion Date 08/04/14 I IR AN, Dale Ordj,sanc e Al/v, Date Bid Avard A 1 lc Date Pulthc I fearing Alt,e, Date Olher Alt Date .Alt sit ).N( )1(. _ ( oll/// Mayor 7 DC J) I l'Phin, c Eire I I TI I I P&R Police J'W :Pt rNm )10-, The Fire department has been awarded the 2014 FEMA Assistance to Firefighters Grant in si mi mo the amount of $353,934.00. The grant will be used to replace Fire Department portable and mobile radios. The City's matching amount is $17,696.00. Those funds will be taken from the Fire Department operating budget. it] vti \\Ai KY (A )W Mtg. CA&P Cmte Z F&S Cmte _1 Transportation Cmte Utilities 011ie Arts Comm. Parks Comm. Planning Comm. DATP, 07/22/14 (,OMMITTP,F, CHAIR: SEAL RECOMMENDATIONS: Spui\m)k/ADmi\. 0 ).,\I'\11 Accept Grant I'l I I Unanimous Approval; Forward to 8/4/14 Consent COST IMPACT / FUND SOURCE p xl,1 N1)11(10 RI (,21 HRH ) AMOUNT 13111)(11 I I I) APPROPRIA HON I " I $17,696.00 $17,696.00 $0 Fund Source: ('ommenks MTG. DATE RECORD OF COUNCIL ACTION 8/4/14 MTG. DATE ATTACHMENTS 8/4/14 Informational Memorandum dated 7/11/14 Summary of FEMA Grant Award Minutes from the February 2, 2014 Finance and Safety Committee Meeting Minutes from the July 22, 2014 Finance and Safety Committee Meeting 61 62 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Chris Flores, Interim Fire Chief PREPARED BY: Marty Grisham, Emergency Manager [)ATE: July 11, 2014 SUBJECT: 2014 FEMA Assistance to Firefighters Grant Acceptance UPDATED INFOMEMO ISSUE The Tukwila Fire Department has been awarded a FEMA and DHS grant titled ^FY2O15 Assistance to Firefighters Grant", in the amount of $336,238.00. BACKGROUND In approximately 5 years our current radios and the operating system will become completely obsolete and cease to exist. It is important to note that this will affect most existing city 800 MHz radios. Radio replacement is impending and certain. The current cost of replacing all Tukwila Fire Department radios and their supporting components is approximately $412,000.00. On March 3, 2014 staff was authorized to apply for the FEMA Assistance to Firefighters Grant in the amount of $391,272, with a city match of $20,593 for the replacement of the Fire Department radios and operating system" On July 10, 2014, we received notice of the Grant Award to the Tukwila Fire Department for the grant in the amount of $353,934.00. The difference in the original requested amount and the actual award is due to slight changes in the amount and type of radio equipment requested and the amount awarded. The grant funds will be used to replace all mobile and portable radios in the Fire Department. DISCUSSION AND FINANCIAL IMPACT The grant is a 95/5 matching grant with the City's actual match amount is $17.696.00. Matching funds will come from existing fire department budget to replace all existing Fire Department radios. Some of the 800 Mhz radios will also be used by the Tukwila Police and Public Works Departments. RECOMMENDATION The Council is being asked to approve the amended ordinance and consider this item at the Consent Agenda of the August 4, 2014 Regular Meeting. ATTACHMENTS Summary of FEMA Grant award, Department of Homeland Security Minutes from the February 19. 2014 Finance and Safety Committee Meeting Panel Review Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW- 2013 -FO -02617 GRANTEE: Tukwila Fire Department AMOUNT: $353,934.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire - related hazards. After careful consideration, FEMA has determined that the recipient's project submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant program's purpose and worthy of award. The recipient shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application narrative. These sections of the application are made a part of these grant agreement articles by reference. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Grantee Concurrence By providing the Primary Contact's electronic signature and indicating acceptance of the award, the recipient accepts and agrees to abide by the terms and conditions of the grant as set forth in this document. Recipients agree that they will use the funds provided through the Fiscal Year 2013 Assistance to Firefighters grant in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2013 Assistance to Firefighters program guidance. All documents submitted as part of the original grant application are made a part of this agreement by reference. Period of Performance 03- JUL -14 to 02- JUL -15 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $318,134.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $2,000.00 Indirect Charges $0.00 Total $353,934.00 64 https: / /eservices. fema. gov /FemaFireGrant/ firegrant /jsp /fire_admin/awards /s... 7/16/2014 Panel Review NEGOTIATION COMMENTS IF APPLICABLE (max 4000 characters) 1. The Program Office has made the following reductions to your grant: The approved quantity for portable radios is 54 @ $5,091 each not 65. Therefore, they have recommended the award at this level: Total budget $353,934 Federal share $336,238 Applicant share $17,696 2. Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Katrice Hagan at katrice.hagan@dhs.gov. System for Award Management (SAM) Prior to requesting federal funds, all recipients are required to register their entity information in the System for Award Management (SAM.gov). As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information at least annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on -line at https : / /www.sam.gov /portal /public /SAM /. It is your entity's responsibility to have a valid DUNS number at the time of registration. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. If you have any programmatic questions regarding your grant, please call the AFG Help Desk at 866- 274 -0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK -GMD at 866- 927 -5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK -GMD at 866- 927 -5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS (IF APPLICABLE) (max 4000 characters) 1. The Program Office has made the following reductions to your grant: The approved quantity for portable radios is 54 @ $5,091 each not 65. Therefore, they have recommended the award at this level: Total budget $353,934 Federal share $336,238 Applicant share $17,696 2. Any questions pertaining to your award package, please contact your GPD Grants Management Specialist: Katrice Hagan at katrice.hagan@dhs.gov. https: / /eservices. fema. gov /FemaFireGrant/ firegrant /jsp /fire_admin/awards /s... 7/16/2014 65 Panel Review Agreement Articles J�:y � U ' ' Department of Homeland nd S ecUr'fx FJJ\fJ\ Washington, D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety GRANTEE: Tukwila Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EKxVV-2013-FO-02617 AMENDMENT NUMBER: TABLE OF CONTENTS Article I Administrative Requirements Article II Lobbying Prohibitions Article III Financial Reporting Article IV GPD Trafficking Victims Protection Act of 2000 Article V GPD - Drug-Free Workplace Regulations Article VI Fly America Act of 1974 Article VII Activities Conducted Abroad Article VIII Acknowledgement of Federal Funding from DHS Article IX Copyright Article X Use of DHS Seal, Logo and Flags Article XI OHS Specifc Acknowledgements and Assurances Article XU Civil Rights Act of 1964 Article XIII Civil Right Ac of 1968 Article XIV Americans with Disabilities Act of 1990 Article XV Age Discrimination Act of 1975 Article XVI Title IX of the Education Amendments of 1972 Article XVII Rehabilitation Act of 1973 Article XVIII Limited English Proficiency Article XIX Animal Welfare Act of 1966 Article XX Clean Air Ac of 1970 and Clean Water Act of 1977 Article XXI Protection of Human Subjects Article XXII National Environmental Policy Act (NEPA) of 1869 Article XXIII National Flood Insurance Ac of 1968 Article XXIV Flood Disaster Protection Act of 1973 66 hnn3://^SerV' es.feIDO.gO`/Femnp'Fe re ' — 7/|6/70|4 Panel Review Article XXV Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Article XXVI USA Patriot Act of 2001 Article XXVII Environmental Planning and Historic Preservation Screening Article XXVIII Vehicle Awards Article I - Administrative Requirements The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: - Office of Management and Budget (OMB) Circular A -102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A -102 Common Rule "), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." - OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs /cost principles are contained in the A -102 Common Rule, OMB Circular A -110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The four costs principles circulars are as follows: - OMB Circular A -21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. - OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A -122, Cost Principles for Non - Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations. Article II - Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. Article Ill - Financial Reporting Recipients will be required to submit a semi - annual Federal Financial Report (FFR), Standard Form (SF -425) through the AFG online e -grant system. The FFR is intended to provide Federal agencies and grant recipients with a standard format and consistent reporting requirements throughout the government. The FFR is due semi - annually based on the calendar year beginning with the period after the award is made. Recipients are required to submit an FFR throughout the entire period of performance of the grant. The reporting periods for the FFR are January 1 through June 30 (report due by July 31), and July 1 through December 31 (report due by January 31). At the end of the grant's period of performance, all recipients are required to produce a final report on how the grant funding was used and the benefits realized from the award. Recipients must submit a . final financial report and a final performance report within 90 days after the end of the period of performance. Article IV - GPD - Trafficking Victims Protection Act of 2000 All recipients of financial assistance will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub - recipient - (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. Article V - GPD - Drug -Free Workplace Regulations https: / /eservices. fema. gov /FemaFireGrant/ firegrant /jsp /fire_admin/awards /s... 7/16/2014 67 Panel Review All recipients of financial assistance will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR3001. Article VI - Fly America Act of 1974 All recipients of financial assistance will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.- 4 -§ 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 13138942. Article VII - Activities Conducted Abroad All recipients of financial assistance will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VIII - Acknowledgement of Federal Funding from DHS All recipients of financial assistance will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article IX - Copyright All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. Article X - Use of DHS Seal, Logo and Flags All recipients of financial assistance must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XI - DHS Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree -and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by OHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the 68 https: // eservices .fema.gov /FemaFireGrant /firegrant /j sp /fire_admin/awards /s... 7/16/2014 Panel Review grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and /or awarding office. The United States has the right to seek judicial enforcement of these obligations. Article XII - Civil Rights Act of 1964 Recipients of financial assistance will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C.§ 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XIII - Civil Right Act of 1968 All recipients of financial assistance will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.),as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units -i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features (see 24 CFR § 100.201). Article XIV - Americans with Disabilities Act of 1990 All recipients of financial assistance will comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101 - 12213). Article XV - Age Discrimination Act of 1975 All recipients of financial assistance will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI - Title IX of the Education Amendments of 1972 All recipients of financial assistance will comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XVII - Rehabilitation Act of 1973 All recipients of financial assistance will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XVIII - Limited English Proficiency All recipients of financial assistance will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of https: / /eservices. fema. gov/ FemaFireGrant/ firegrant /jsp /fire_admin/awards /s... 7/16/2014 69 Panel Review limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http: / /www.lep.gov. Article XIX - Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX - Clean Air Act of 1970 and Clean Water Act of 1977 All recipients of financial assistance will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXI - Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions /law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026 -04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Article XXII - National Environmental Policy Act (NEPA) of 1969 All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act (NEPA),as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant - supported activities, DHS requires the environmental aspects of construction grants (and certain non - construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. Article XXIII - National Flood Insurance Act of 1968 All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44CFR Part 63. Article XXIV - Flood Disaster Protection Act of 1973 All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased 70 https: / /eservices. fema. gov/FemaFireGrant /firegrant /j sp /fire_admin/awards /s... 7/1 6/20 1 4 Panel Review within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Article XXV - Coastal Wetlands Planning, Protection, and Restoration Act of 1990 All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. Article XXVI - USA Patriot Act of 2001 All recipients of financial assistance will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. Article XXVII - Environmental Planning and Historic Preservation Screening AFG funded activities (Modification to Facility or Equipment) that may require an EHP review, involving the installation or requiring renovations to facilities, including but not limited to air compressor /fill station /cascade system (Fixed) for filling SCBA, air improvement systems, alarm systems, antennas, gear dryer, generators (fixed), permanently mounted signs, renovations to facilities, sprinklers, vehicle exhaust systems (fixed) or washer /extractors are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to our Department of Homeland Security /Federal Emergency Management Agency- website at: https://www.fema.qovilibrary/viewRecord.do?id=6906 In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. Article XXVIII - Vehicle Awards If awarded any AFG vehicle grant, you must obtain a vehicle purchase contract from the vendor or manufacturer and send it by e-mail to your AFG Regional Representative. A list of the AFG Regional Representatives and their contact information can be found on the AFG website at http: / /www.fema.gov /fire- grant- contact - information. The grantee must include in their vehicle purchase contract specific performance requirements and penalties (penalty clause) for noncompliance with the requirements. The clause should specify a delivery date for the vehicle under contract and include a provision for a penalty for non - delivery on the specified date. Non- delivery by the contract's guaranteed date should require a penalty for non - performance of at least $100 per day until the date that the vehicle is delivered. https: / /eservices. fema. gov /FemaFireGrant/ firegrant /jsp /fire_admin/awards /s... 7/16/2014 71 Panel Review It is recommended that any department/organization that will advance their own local funds to their vendor prior to receipt of the vehicle obtain a performance bond. The bond may be obtained through the vendor or a local bank. It is required that any department/organization that will advance of Federal funds to their vendor prior to receipt of the vehicle obtain a prepayment bond. A prepayment bond may be obtained through your bank or the vendor. The cost for the bond may be included in the grant. Grantees that fail to comply with these requirements - -fail to provide the AFG with a copy of the vehicle purchase contract, or fail to obtain the necessary prepayment bond - will not be eligible for an extension of the grant's period of performance. If you have questions about these procedures, please contact the AFG Help Desk at 1- 866 - 274 -0960, or send an email to firegrants @dhs.gov. 72 https:// eservices .fema.gov /FemaFireGrant /firegrant /j sp /fire_admin/awards /s... 7/16/2014 Panel Review 1 a. AGREEMENT NO. EMW- 2013 -FO -02617 6. RECIPIENT NAME AND ADDRESS Tukwila Fire Department 444 Andover Pk. E Tukwila Washington, 98188 -7606 9. NAME OF RECIPIENT PROJECT OFFICER Matt Hickey 11. EFFECTIVE DATE OF THIS ACTION 03- JUL -14 15. DESCRIPTION a. (Indicate funding PROGRAM NAME ACRONYM FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD /AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. NO. 91- 6001519 0 7. ISSUING OFFICE AND ADDRESS Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528 -7000 POC: Andrea Day 4. TYPE OF ACTION W518706N AWARD 5. CONTROL NO. 8. PAYMENT OFFICE AND ADDRESS FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 PHONE NO. 10. NAME OF PROJECT COORDINATOR 2065754404 Catherine Patterson 12. METHOD OF 13. ASSISTANCE ARRANGEMENT PAYMENT Cost Sharing SF -270 OF ACTION data for awards or financial changes) CFDA NO. ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXXXX-XXXXX- XXXX- XXXX -X AFG 97.044 2014-M3-C111-P4310000- 4101 -D PRIOR TOTAL AWARD PHONE NO. 1- 866 - 274 -0960 14. PERFORMANCE PERIOD From:03 -JUL To:02- JUL -15 14 Budget Period From:05 -MAR- To:30- SEP -14 14 AMOUNT CURRENT AWARDED THIS TOTAL AWARD ACTION + OR ( -) CUMMULATIVE NON- FEDERAL COMMITMENT $0.00 $336,238.00 $336,238.00 $17,696.00 TOTALS $0.00 $336,238.00 $336,238.00 $17,696.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16a. FOR NON - DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Andrea Day Go Back DATE N/A DATE 01- JUL -14 https: / /eservices. fema. gov /FemaFireGrant/ firegrant /jsp /fire_admin/awards /s... 7/16/2014 73 74 C i t y [l of Tukwila a Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes February 19, 2014 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, Kathy Hougardy Staff: David C|ine, Chris Flores, Peggy McCarthy, Vicky Carlsen, Mike Villa, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:32 p.m. I. PRESENTATIONS No presentations. U. BUSINESS AGENDA A. Fire Department Pipeline Staffing Proposal The Fire Department is seeking Council approval to create up to three pipeline positions which would allow for the recruitment, hiring and training of new employees when vacancies are known in advance, as with retirements. This would help ensure continuity of service as well as reduce the high overtime costs incurred when staff at current levels must cover vacancies. There are currently 10 Fire Department personnel eligible for retirement within the next two yeare, and the Police Department has successfully used this strategy to reduce overtime costs for several years. Councilmembers asked clarifying questions, including how the City will measure the financial impact of this practice. Staff indicated that measures are included in the normal budgeting processes. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 24, 2014 COMMITTEE OF THE WHOLE. B. Grant Application: 2014 FEMA Assistance to Firefighters The Fire Department is seeking Council approval to proceed with an application to FEMA for the *2014 Assistance to Firefighters Grant in the amount of $391.272.00 for replacement of radios and operating system. The current radios and system will be obsolete in five years, and the cost to replace them is approximately S412.000.00. If the grant is awarded, the City will be required to contribute $20. 503.00 in matching funds , which are available in the Fire Department's equipment budget. Staff will continue to pursue this particular grant if it is not awarded in 2014. Councilmember Hougardy noted that a radio system overhaul such as this should be planned for through the budget process by use of a replacement schedule. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 24, 2014 COMMITTEE OF ThE WHOLE. C Ordinance and Resolution: False Alarm Fees Staff is seeking Council approval of an ordinance and companion resolution relating to updating the fees charged for false alarms. Police false alarm fees have not been adjusted since 1985 and fire not since 2004. Because significant City resources are required to both respond to and bill for false a|arms, staff is proposing an increase to the fees to offset the costs to the City as well as to act as a deterrent. False alarm statistics in Tukwila as well as fees assessed by neighboring jurisdictions were reviewed. Under the propona|, the first two false alarms within one calendar year will not be assessed a fee, which is not a change from the current practice. The third false alarm in the year would be $150, an increase from the currently charged $25. and the fourth and subsequent false alarms would be charged $200. up from the current $50. The fees City '�`_.I `7 ��2t� of � ��%�//�� �� � Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes July 22,20Y4-5:30p./n.'Hazelnut Conference Room PRESENT Counni|nnennbern: Verna Seal, Chair; Joe Duffie, Kathy Hougardy Staff: David C|ine, Peggy McCarthy, Bruce Linton, Chris F|Vnaa, Stephanie Brovvn, Kim Gilman, Laurel Humphrey Guest: Chuck Parrish, Resident CALL TO ORDER: The meeting was called to order at 5:30 p.m. I. PRESENTATIONS No presentations. U. BUSINESS AGENDA A. Ordinance: Two Unpaid Holidays Staff is seeking Council approval of an ordinance that will amend Tukwila Municipal Code Section 2.52.030 to provide City employees with two unpaid holidays per calendar year for a reason of faith or conscience. This amendment will bring the City into compliance with State Law due to the passage of State Senate Bill 5173, effective June 12, 2014, entitling state and local government employees to these two unpaid holidays. The committee asked for a revision to the informational memo to reflect the possibility of financial impact, although significant impact is not anticipated. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 2014 REGULAR CONSENT AGENDA. 76 Grant Acceptance: 2014 FEMA Firefighters Assistance Staff is seeking Council approval of a grant acceptance agreement for $353.934.00 for the replacement of Fire Department radios and operating system from the FEMA Assistance to Firefighters Program. The current radios and system will be obsolete in approximately five yoars, and the grant funds will be used to replace all mobile and portable radios in the Fire Department. The City's required 5% match, or $17.696.00. is available from the Fire Department's equipment budget. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 3014 REGULAR CONSENT AGENDA. C. Police and Fire Departmental 2014 2nd Quarter Reports Assistant Chief Linton and Acting Chief Flores co-presented a report reflecting their respective departments' 2014 2nd quarter activities and items of significance. The information included staffing and operational high|ights, statistics, and crime reduction strategies. Councilmember Hougardy requested additional TrackMole informational fliers for distribution at National Night Out on August 5, 2014. In response to a citizen inquiry, Assistant Chief Linton noted that crime reduction is ongoing and that resources have not been relocated from the TIB corridor in relation to the 2013 hotel closures. City Administrator David Cline noted that this is the first presentation of a joint Public Safety quarterly report, and asked that the Committee provide feedback on the report given today and at future meetings in an effort to refine the format and ensure consistency. He suggested that Fire Department statistics include calls by station and the Committee agreed. INFORMATION ONLY. COUNCIL AGENDA SYNOPSIS -1/1/71,1/S Meelin,s;12a/e l'rtpcired by Mayor '.; nivieq, (,01111C11 review 08/04/14 KG ,,,, (,. \ II (,( )R1 Di)//,o,/on Alt,,, Date ounci/ 7 Major 1 ,1,1olto a I/p il )ale _ Re■olulton ,111g Dale Ord/1'1,111,e Bul Al it; 1),Ile /in ,lwal(i Pub/lc I leanny, Alie, Rite (I/Inn AN1)(Ite Aft 1/al e (Th/04/14 l'illellice I- `-.1)( ) Non )R ( I I ,I) , , I) &R. Police PIV" ITEM INFORMATION TEM No. 5.F. 77 Si \I 1 SPONOR. STEPHANIE BROWN 2 unpaid ORIOIN \I AC,I Ni) 1 1)1, II: 08/04/14 A(,1N1)1111 \I 11111 An ordinance updating TMC 2.52 to allow for holidays. (,. \ II (,( )R1 Di)//,o,/on Alt,,, Date ounci/ 7 Major 1 ,1,1olto a I/p il )ale _ Re■olulton ,111g Dale Ord/1'1,111,e Bul Al it; 1),Ile /in ,lwal(i Pub/lc I leanny, Alie, Rite (I/Inn AN1)(Ite Aft 1/al e (Th/04/14 l'illellice I- `-.1)( ) Non )R ( I I ,I) , , I) &R. Police PIV" ,1■01.\,,-,( )I('', Chapter 168, Laws of 2014 (State Senate Bill 5173), effective June 12, 2014 entitles Washington State and local government employees to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. RI \ 11 \\I I) lil COW Mlg CA&R (into [Z] I 8z.S Cmte I 1 Tran,portation Clm. italic ("inn: Ari.,,, Comm. E Park,' Comm. Planning Collin' 1.)A 11; 07/22/14 CoMMITIME (,11AIR SEAL RECOMMENDATIONS: i)( )\,y )1t/AlAtIN (-()NE \II Human Resources Department ri I I Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE 1 \pi NI Fit RI RI (,21 IRI 1) A MUNI B111)01 II 1) APPROPRIA HON RlQVIRID $N/A $ $ Fund Source. ( 'ol)immis MTG. DATE 08/04/14 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 08/04/14 Informational Memorandum dated 06/30/14 (Changed after FS Meeting) Ordinance in Draft Form TMC 2.52.030 in Draft Form Minutes from the Finance & Safety Committee Meeting 7/22/14 77 78 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Stephanie Brown, Human Resources Director BY: Kim Gilman, Human Resources Analyst DATE: June 30, 2014 SUBJECT: Amendment to Ordinance 1663 hanqdafterFSmeetnchariqess!iownb&o) g ISSUE Effective June 12, 2014 Washington State and local government employees are eligible to take two unpaid holidays per calendar year for a reason of faith or conscience. BACKGROUND Chapter 168, Laws of 2014 (State Senate Bill 5173), effective June 12, 2014 entitles Washington State and local government employees to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. Per the advice of the City Attorney's Office, staff are presenting an amendment to Ordinance 1663 to comply with the State's amendment to ROW 1.16.050. DISCUSSION This amendment is needed to comply with State law. FINANCIAL IMPACT These are unpaid holidays and therefore the City does not anticipate a significant financial impact due to this amendment. do-Rot-present-a4-reet-f-inanc41--i-rrtpaGt, RECOMMENDATION The Council is being asked to approve the amended ordinance and consider this item at the August 4, 2014 Regular Meeting. ATTACHMENTS Ordinance 1663 (in draft form) TMC 2.52.030 (in draft form) 79 80 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 1663 §1, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.52.030, TO PROVIDE FOR TWO UNPAID HOLIDAYS FOR A REASON OF FAITH OR CONSCIENCE FOR ALL CITY EMPLOYEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 168, Laws of 2014 (State Senate Bill 5173), effective June 12, 2014, entitles Washington State and local government employees to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization; and WHEREAS, Section 2.52.030 of the Tukwila Municipal Code has been in effect since 1993; and WHEREAS, the City Council has determined that the City's Code provisions relating to legal holidays should be revised to be consistent throughout the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 2.52.030 Amended. Ordinance No. 1663 §1, as codified at Tukwila Municipal Code Section 2.52.030, "Legal Holidays," is hereby amended to add a new subparagraph F to read as follows: F. Employees of the City will be granted up to 2 unpaid holidays per year for reasons of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church or religious organization. If an employee prefers to take the two unpaid holidays on specific days, then the employee will be allowed to take the unpaid holidays on the days he or she has selected unless the absence would unduly disrupt operations, impose an undue hardship, or the employee is necessary to maintain public safety. W: Word Processing \Ordinances\Provide for two unpaid holidays 7-3-14.doc :bjs Page 1 of 2 81 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, Assistant City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Provide for two unpaid holidays 7-3-14.doc :bjs 82 Page 2 of 2 2.52.030 Legal Holidays A. Unless otherwise provided in applicable collective bargaining agnegmmnto, all employees shall receive the following holidays off with 8 hours' compensation at their regular straight-time hourly rate of pay: New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday of January President's Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4 Labor Day 1St Monday of September Veteran's Day November 11 Thanksgiving Day 4th Thursday of November Day after Thanksgiving Day Friday ` Christmas Day December 25 One Floating Holiday At employee's choice B. An employee may select one personal holiday each calendar year as a floating holiday, and the City must grant such a day, provided: 1. The employee has been or is scheduled to be continuously employed by the City for more than four months during the calendar year in which the floating holiday is to be taken; 2. The employee has given not less than 14 calendar days' notice to the supervisor, provided, however, that the employee and the supervisor may agree upon an earlier date; and 3. The number of employees selecting a particular day off does not prevent the City from providing continued public service. C. The floating personal holiday must be taken during the calendar year of entitlement or the day shall lapse, except when an employee has requested a personal holiday and the request has been denied D. In the event that a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. E. Nothing in this section shall be construed to have the effect of adding or deleting the number of paid holidays provided for in existing agreements between employees and the City. F) Employees of the City will be granted up to two unpaid holidays per year for reasons of faith or conscience or an oronized activity conducted under the auspices of a religious denomination, church or religious organization. If an employee prefers to take the two unpaid holidays on specific days, then the employee will be allowed to take the unpaid holidays on the days he or she has selected unless the absence would unduly_disrupt operations, impose an undue hardship, or the employee is necessary to maintain public safety. 84 v', Tukwila `7 ��2��O� ���%�C�[� � of F' and Safety ' �oanccun a �y (� ocono�ttee FINANCE AND SAFETY COMMITTEE Meeting Minutes July 22,2014-5:30p,/n., Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie, Kathy Hougardy Staff: [}avid Cline, Peggy McCarthy, Bruce Linton, Chris F|nres, Stephanie Brovvn, Kim Gi|man, Laurel Humphrey Guest: Chuck Parrish, Resident CALL TO ORDER: The meeting was called to order at 5:30 p.m. I. PRESENTATIONS No presentations. U. BUSINESS AGENDA A. Ordinance: Two Unpaid Holidays Staff is seeking Council approval of an ordinance that will amend Tukwila Municipal Code Section 2.52.030 to provide City employees with two unpaid holidays per calendar year for a reason of faith or conscience. This amendment will bring the City into compliance with State Law due to the passage of State Senate Bill 5173, effective June 12, 2014, entitling state and local government employees to these two unpaid holidays. The committee asked for a m� revision to the informational memo to reflect the possibility of financial impact, although significant impact is not anticipated. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 2014 REGULAR CONSENT AGENDA. B. Grant Acceptance: 2014 FEMA Firefighters Assistance Staff is seeking Council approval of a grant acceptance agreement for $353.954.00 for the replacement of Fire Department radios and operating system from the FEMA Assistance to Firefighters Program. The current radios and system will be obsolete in approximately five yea/s, and the grant funds will be used to replace all mobile and portable radios in the Fire Department. The City's required 5% match, or $17.696.00. is available from the Fire Department's equipment budget. MAJORITY APPROVAL. FORWARD TO AUGUST 4, 2014 REGULAR CONSENT AGENDA. C. Police and Fire Departmental 2014 2 Quarter Reports Assistant Chief Linton and Acting Chief Flores co-presented a report reflecting their respective departments' 2014 2"« quarter activities and items of significance. The information included staffing and operational high|ights, stadistioa, and crime reduction strategies. Councilmember Hougardy requested additional TrackMole informational fliers for distribution at National Night Out on August 5, 2014. In response to a citizen inquiry, Assistant Chief Linton noted that crime reduction is ongoing and that resources have not been relocated from the TIB corridor in relation to the 2013 hotel closures. City Administrator David Cline noted that this is the first presentation of a joint Public Safety quarterly report, and asked that the Committee provide feedback on the report given today and at future meetings in an effort to refine the format and ensure consistency. He suggested that Fire Department statistics include calls by station and the Committee agreed. INFORMATION ONLY. 86 2906 COUNCIL AGENDA SYNOPSIS Al ern trg L (die repare( P %Vlo or ;,:rrvi, (,:o to yvicat, 07/28/14 PMC „, 41 Z Rio//L/toil .1 Ito 0,th 08/04/14 08/04/14 PMC Pillilic I le,Inlig Alto 1),ile /):_2-1t. Point !Inv lit; /„Ur P1F C \ 1 i t,t ) 1)t,cir,,lon ,11.(glare 1'(, i fl ( lixo Ivikinte I Approve Resolution authorizing loan(s) from the General, Contingency, and/or other funds n-,1 \i\I \in to the Facility Replacement Fund for up to 12 months. The loan(s) will be used to purchase various properties located in the Urban Renewal area. The property will most likely be purchased in August and long term bond issue or other financing will be arranged at a later date. RI \ Ii \\ I Di J C( AV MT, _ CAM) Cnitc ij t itditic, (.mte I Arts ( ()nom, I) VII.: 07/22/14 l'&S T '1 ntiv,portmuil Cum' Conlin Planning Comm, CHAIR SEAL Parks ComMITIE1 ITEM INFORMATION ITE711 No. 6.A. 87 Si \II ,S1)( )N,`,-,(.)R, PEGGY MCCARTHY ORR,IN 11 A(;I NI)1 D 111 07/28/14 .\.( ; 1 N I ) \ I 1 p\ni 1 1 iii Resolution authorizing the transfer of funds for an interfund loan(s) from the General Fund, Contingency Fund, and/or other funds to the Facility Replacement Fund for up to 12 months 07/28/14 ou nd I I ,Via}or Motion AN 1),t I II< Z Rio//L/toil .1 Ito 0,th 08/04/14 Ordmithe AN Oak E Bid 'Imircl AN [Ni e /re I I Pillilic I le,Inlig Alto 1),ile /):_2-1t. Point !Inv lit; /„Ur P1F C \ 1 i t,t ) 1)t,cir,,lon ,11.(glare 1'(, i fl ( lixo Ivikinte I Approve Resolution authorizing loan(s) from the General, Contingency, and/or other funds n-,1 \i\I \in to the Facility Replacement Fund for up to 12 months. The loan(s) will be used to purchase various properties located in the Urban Renewal area. The property will most likely be purchased in August and long term bond issue or other financing will be arranged at a later date. RI \ Ii \\ I Di J C( AV MT, _ CAM) Cnitc ij t itditic, (.mte I Arts ( ()nom, I) VII.: 07/22/14 l'&S T '1 ntiv,portmuil Cum' Conlin Planning Comm, CHAIR SEAL Parks ComMITIE1 RECOMMENDATIONS: Sit Na? ) )1</A1NIIN 0 )\INII Finance 111 L Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE 1-.1,1 Nor 11,Ri RI Q1'11(1 11 AMOHN I BIJI)(11 II I) ANT(' )1'It IA [ION Rl Of 1 1111 1) $ I mid ()minx ( "omi)/ous MTG. DATE Forward to RECORD OF COUNCIL ACTION 07/28/14 next Regular Meeting MTG. DATE ATTACHMENTS 07/28/14 Informational Memorandum dated 07/22/14 Resolution in Draft Form Minutes from the Finance and Safety Committee Meeting of 07/22/14 08/04/14 Resolution in final form 87 88 Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE TRANSFER OF FUNDS FOR THE PURPOSE OF MAKING A LOAN OR LOANS FROM THE GENERAL FUND, CONTINGENCY FUND, AND/OR OTHER FUNDS TO THE FACILITY REPLACEMENT FUND FOR UP TO A 12 MONTH PERIOD OF TIME. WHEREAS, there may be insufficient funds available from time to time during the period of August 2014 to June 2015 in the Facility Replacement Fund to cover authorized expenditures before the City can issue bonds; and WHEREAS, the General Fund, Contingency Fund, and/or other funds have sufficient funds from which to transfer funds in an amount not to exceed $6,000,000 for the purpose of making loans to cover the authorized expenditures from the Facility Replacement Fund; and WHEREAS, in the event a loan is made from the General Fund, Contingency Fund, and/or other funds to the Facility Replacement Fund as provided above, the loans shall be at the current rate of interest provided by the Local Government Investment Pool at the time the loan(s) are made; and WHEREAS, the City Council intends to replace any funds loaned to the Facility Replacement Fund with long term bonds or other financing within 12 months of expending funds to purchase various properties within the City's Urban Renewal area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. Authorization is hereby given during the time period between August 2014 to June 2015 for the transfer of funds to the Facility Replacement Fund when there are insufficient funds available therein to cover authorized expenditures for which contracts have been executed, in an amount not to exceed $6,000,000 from the General Fund, Contingency Fund, and/or other funds for the purpose of making a loan at the current rate of interest provided by the Local Government Investment Pool. W:\Word Processing \Resolutions\Interfund loan for urban renewal 7-22-14 VC:bjs Page 1 of 2 89 Section 2. Implementation. The Finance Director is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel Turpin, Assistant City Attorney W:\Word Processing\Resolutions1Interfund loan for urban renewal 7-22-14 VC:bjs 90 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Aire tine Date Prepared by Mayo nil len/ Council review, 07/28/14 CT E Relolution A liy,1)Ite th (ince \J/ 1)file 8/4/14 08/04/14 CT PHI)11, I leartm; A 11 OA LA1 11(1) I wiame I vre I 1)(/-,R I'o/,e si,()\,( )1c,, Two ordinances that provide different options for creating a Code of Ethics for Elected '-,( \I\I \in Officials. Both Ordinances create a Board of Ethics comprised of members of the City's Commissions. Option 1 has the Board of Ethics issue findings of fact, conclusions and recommended disposition. Option 2 has the Board of Ethics issue findings of fact only. A third ordinance amends TMC 2.95 Code of Ethics to no longer apply to elected officials. RI \ 11 \\ 1 I) ii) " ( )\\ N1i 2 A&P (-auto Z P&S Cinto Transportatton ('mm Ullittle, Pinto _ Arts Comm. Parks Comm. Planning Comm. [)A1 J: 06/3/14, 6/17/14 & 7/8/14 ( 0 MITTE.1 CI LAIR SEAL RECOMMENDATIONS: sl,()N,R/A1)\11N, (A )\1\111Al Mayor's Office/City Attorney I Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 6B (1) - 6B (2) 91 SI \I I S1'()V,OR nc DAVID CLINE of Tukwila Municipal Code 2.97 Code of to Tukwila Municipal Code 2.95 — Code ORK,IN \I l\( II NI) \ D \11 07/28/14 Ethics for Elected Officials and of Ethics \(,I NI) Ill NI Iii 1 Creation Amendments Vii (,( )R") 0/1/11,, um A 111 1) a e 7/28/14 ,•-,I'( )\,',(. M ( eilnr/i , M011011 Atli' /),//t, or I IR E Relolution A liy,1)Ite th (ince \J/ 1)file 8/4/14 BI(I Mg, 1),,t, ,Imarrl , 1 IT PHI)11, I leartm; A 11 OA Other A Itv, ail( vir 11(1) I wiame I vre I 1)(/-,R I'o/,e si,()\,( )1c,, Two ordinances that provide different options for creating a Code of Ethics for Elected '-,( \I\I \in Officials. Both Ordinances create a Board of Ethics comprised of members of the City's Commissions. Option 1 has the Board of Ethics issue findings of fact, conclusions and recommended disposition. Option 2 has the Board of Ethics issue findings of fact only. A third ordinance amends TMC 2.95 Code of Ethics to no longer apply to elected officials. RI \ 11 \\ 1 I) ii) " ( )\\ N1i 2 A&P (-auto Z P&S Cinto Transportatton ('mm Ullittle, Pinto _ Arts Comm. Parks Comm. Planning Comm. [)A1 J: 06/3/14, 6/17/14 & 7/8/14 ( 0 MITTE.1 CI LAIR SEAL RECOMMENDATIONS: sl,()N,R/A1)\11N, (A )\1\111Al Mayor's Office/City Attorney I Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE rxil NDI 1 I 'RI RI (/UIRI 1) AMOUN I BUD(I III!) APPROPRIA I ION RI Ol J1121 I) Lund Source: ( i wills MTG. DATE RECORD OF COUNCIL ACTION • 6,. • • • ill A .11.1111.1 . as i a 07/28/14 MTG. DATE ATTACHMENTS 07/28/14 Informational Memorandums dated 06/18/14 Minutes from the Finance and Safety Committee meeting of 07/08/ 14 Minutes from the Finance and Safety Committee meeting of 06/03/ 14 & 6/17/14 Minutes from the Finance and Safety Committee meeting of /05/ Minutes from the Finance and Safety Committee meeting of 0/0 / 13 & 10/22/ 1 Draft Ordinances 08/04/14 2 ordinances in strike thru underlined format based on Council discussion 91 92 ELECTED OFFICIALS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CODE OF ETHICS FOR ELECTED OFFICIALS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.97; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila wishes to provide uniform guidance to elected officials on ethical issues; and WHEREAS, State law prohibits certain conduct of City elected officials while serving the City; and WHEREAS, the City desires to provide for uniform investigation and adjudication of ethics complaints; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Code of Ethics Established. A Code of Ethics for Elected Officials, to be codified as Tukwila Municipal Code (TMC) Chapter 2.97, "Code of Ethics for Elected Officials," is hereby established to read as follows: CHAPTER 2.97 CODE OF ETHICS FOR ELECTED OFFICIALS Sections: 2,97.010 Purpose 2.97.020 Definitions 2.97.030 Prohibited Conduct 2.97.040 Board of Ethics 2.97.050 Complaint Process 2.97.060 Penalties for Noncompliance 2.97.070 Where to Seek Review W: Word Processing \Ordinances \Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT:bjs Page 1 of 11 93 Section 2. TMC Section 2.97.010 is hereby established to read as follows: 2.97.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its Elected Officials. Elected Officials shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; avoid any improprieties or material misrepresentations regarding their roles or authority as public servants, 4n-eluding-The-appear- * opriety as defined herein; and never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.97 be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics. In interpreting TMC Chapter 2.97, Elected Officials should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington state law, RCW Chapter 42.23. Section 3. TMC Section 2.97.020 is hereby established to read as follows: 2.97.020 Definitions As used in TMC Chapter 2.97, these words shall have the following meanings, unless the context clearly indicates otherwise; 1. "App arance of-improprier-efers to a situation -which to a reaso-nable pe-rson-without--knowledge-of-the--speoifio--cifournstances--m4g14--seera-te--raise---et-hleal uoh-oonduct-oould-be-when--a-p-erson--fegularly and reliably +s or her-employ • • e her personal wallet and later gives-it -to -his yec,-By-putt-ing-44-his-ar--her-pers-ortal-wallet,-4t-rnay-iaok-improper-and-give rise to-suspioio-n, 2. "Adverse to- thterests-of the City" means-taking---a-ction-whi-oh-could -mage or-prejudice-the-interests-of the -City-or-its-citizens: 31. "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, consultant, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. 42. "Elected Official" means every individual elected to an office or position with the City. 53. "Compensation" means payment in any form for real or personal property or services of any kind. W: Word Processing \Ordinances \Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT:bjs 94 Page 2 of 11 €4. "Gift" means a voluntary transfer of real or personal property of any kind or the voluntary rendition of services of any kind without consideration of equal or greater value, but not including any reasonable hosting expenses, including travel, entertainment, meal, and refreshment expenses incurred in connection with appearances, ceremonies, and occasions reasonably related to official City business, or where otherwise permitted by law. 75. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his/her designee. B6. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within three generations by blood or marriage of the person or the person's spouse (e.g., within three degrees of relationship by blood or marriage). 97. "Person" means any individual, corporation, business or other entity, however constituted, organized or designated. Section 4. TMC Section 2.97.030 is hereby established to read as follows: 2.97.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, o-F-ah-a-ppearahee of conflict- of- interest- or-impr-ophetyr-no current Elected Official should be involved in any activity that might be seen as conflicting with the conduct of official City business, or-as adverse-to-the-intere-sts of the -Ci . -appearanGe-of -the-conduct pcohibited in T-M-C-SeGtion 2,97:030-alone- may be eu-ffiGient to- Gonetkite -a-Atiolatioh-of-this-Gode-of EthiGS: 2. Beneficial Interests in Contracts Prohibited. No Elected Official shall participate in his/her capacity as an Elected Official in the making of a contract in which she/he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Provided, however, that this prohibition shall not apply where the Elected Official has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the official(s) having the remote interest. For purposes of this TMC Chapter 2.97, a "remote interest" means: a. That of a non-salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; W: Word Processing \Ordinances\Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT:bjs Page 3 of 11 95 c. That of a landlord or tenant of a contracting party; or d. That of a holder of less than one percent of the shares of a corporation, a limited liability company, or other entity, which is a contracting party. 3. Beneficial Influence in Contract Selection Prohibited. No Elected Official shall influence the City's selection of, or its conduct of business with, a corporation, person or firm having or proposing to do business with the City if the Elected Official has a financial interest in or with the corporation, person or firm, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract. 4. Representation of Private Person at City Proceeding Prohibited. No Elected Official shall appear on behalf of a private person, other than him/herself or an immediate family member, or except as a witness under subpoena, before any regulatory governmental agency or court of law in an action or proceeding to which the City or an Elected Official in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. 5. Certain Private Employment Prohibited. No Elected Official shall engage in or accept private employment from—or render services for—any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. 6. Beneficial Interest in Legislation Prohibited. No Elected Official, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or participate in any discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council or similar records of the City, prior to consideration of the legislation by the City Council. 7. Disclosure of Confidential Information Prohibited. No Elected Official shall disclose or use any confidential, privileged or proprietary information, gained by reason of his/her official position, for a purpose which is other than a City purpose; provided, however, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public upon request. 8. Improper Use of Position Prohibited. No Elected Official shall knowingly use his/her office or position to secure personal benefit, gain or profit, or use his/her position to secure special privileges or exceptions for him/herself, or for the benefit, gain or profits of any other persons. 9. Improper Use of City Personnel Prohibited. No Elected Official shall employ or use any person under the Elected Official's official control or direction for the personal benefit, gain or profit of the Elected Official or another. This section does not apply to off-duty employment relationships, which are mutually negotiated. W: Word Processing \Ordinances\Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT.hjs 96 Page 4 of 11 10. Improper Use of City Property Prohibited. No Elected Official shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Such use is restricted to those services which are available to the public generally, for the authorized conduct of official City business, and for such purposes and under such conditions as are approved by administrative order of the Mayor or Council; provided, however, that the use of a City vehicle by an Elected Official participating in a carpooling program established by the City, and for a purpose authorized under such program, shall not be considered a violation of TMC Chapter 2.97 or any other provision of the Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No Elected Official may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the Elected Official's services with the City of Tukwila; provided, however, that this prohibition shall not apply to: a. Attendance by an Elected Official at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where official attendance by the Elected Official as a City representative is appropriate; b. An award publicly presented in recognition of public service; or c. Any gift valued at $100.00 or less, which gift cannot reasonably be presumed to influence the vote, action or judgment of the Elected Official, or be considered as part of a reward for action or inaction. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former Elected Official shall disclose or use any privileged, confidential or proprietary information gained because of his/her City position. b. Participation in City Matters Prohibited. No former Elected Official shall, during the period of one year after leaving City office: (1) Assist any person in matters involving the City if, while in the course of duty with the City, the former Elected Official was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; or (2) Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which he/she assisted the City in determining the project or work to be done, or the process to be used. W: Word Processing \Ordinances\Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT: bjs Page 5 of 11 97 Section 5. TMC Section 2.97.040 is hereby established to read as follows; 2.97.040 Board of Ethics A. There is created a Board of Ethics for the City of Tukwila. The purpose of this Board of Ethics is to review ethics complaints for an initial determination of sufficiency before an investigation is initiated, adjudicate ethics complaints against elected officials and provide advisory opinions for Elected Officials, when requested. B. The Board of Ethics shall be composed of five members and shall be comprised of one member from each of the City's five standing Commissions: the Planning Commission, the Arts Commission, the Park Commission, the Equity and Diversity Commission and the Civil Service Commission. Should the chair of any Commission be unable or unwilling to serve on the Board of Ethics, the Commission shall select a member to serve on the Board. C. The Chair of the Board shall be elected by the Board members and shall serve as Chair for one year, at which time a new election shall occur, D. A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Tukwila Municipal Code, The Board shall adopt procedures consistent with the provisions of the Tukwila Municipal Code governing the conduct of its meetings. The Board shall be supported by the City Attorney or assigned independent legal counsel. E. The powers of the Ethics Board include rendering sufficiency determinations as described in TMC Section 2.97.050, adjudicating ethics complaints against Elected Officials and responding to requests from City-elected officials for advisory opinions regarding the application of the Code of Ethics to the prospective conduct of such person, 2.97.050 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his/her designee(s): 1. Mayor; or 2. City Attorney, or 3. Council President. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Board of Ethics for a sufficiency determination, After reviewing the complaint, the Board may take any of the following actions and inform the complainant, the respondent and the City Attorney, or Mayor, or Council President as appropriate: W: Word Pro CT:bjs 98 sing\Ordinances\Code of Ethics-Elected Officials-final strike-thru 7-31-14 Page 6 of 11 1. Determine that the facts stated in the complaint, even if true, would not constitute a violation of the Code of Ethics, 2. Determine that the facts stated in the complaint, even if true, would not constitute a material violation of the Code of Ethics because any potential violation was inadvertent or minor or has been adequately cured, such that further proceedings on the complaint would not serve the purposes of the Code of Ethics. 3. Make a preliminary determination that the facts stated in the complaint, if true, could potentially constitute a violation of the Code of Ethics such that further proceedings are warranted. D. The Board shall submit a written report with its findings within 10 days of its receipt of the written complaint. The Board's determination of sufficiency is final and binding and no appeal is available. If the Board finds the complaint sufficient, then the complaint shall be investigated as set forth below. E. For all sufficient complaints, the City Attorney shall promptly designate an individual to conduct an investigation of the complaint and shall forward a confidential memorandum to all Councilmembers- Elected Officials informing them that a complaint has been made. F. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is deemed sufficient, unless an extension is granted in writing by the City Attorney. A copy of the written investigation findings and conclusions shall be provided to the City Attorney. G. Within 5 business days of receipt of the investigator's written findings and conclusions, the City Attorney shall forward a copy of the investigation to the Chair of the Ethics Board. Copies of the recommended disposition and investigation findings and conclusions shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. H. Within 10 business days of receipt of the investigator's report, the Board of Ethics shall convene and review the complaint, findings, conclusions and recommended disposition. As soon as practicable after giving due consideration to the complaint, the Board shall take any action or combination of actions that it deems appropriate and for which it is lawfully empowered to take including, but not limited to, the following: 1. Determine that no violation of the Code of Ethics has occurred. 2. Determine that a violation of the Code of Ethics has occurred. W: Word Process ng\Ordinances\Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT:bjs Page 7 of 11 99 3. If the Board determines that it needs more information to make a determination as to whether the Code of Ethics has been violated, it may convene a hearing to take such additional evidence as required by the Board. The scope of evidence requested by the Board should be strictly construed. At such hearing, the Board may call additional witnesses or consider additional documentary evidence. After final deliberations on the investigator's findings, as well as any additional testimony, statements, or documents presented at the hearing, the Board shall determine whether or not a violation of the Code of Ethics has occurred. Throughout the process, the Board may seek legal advice from the City Attorney or independent legal counsel as assigned by the City Attorney. Assigned independent legal counsel shall have a minimum of five years municipal law experience. 4. After the Board has made its final determination under TMC Section 2.97,050, subsection H, (1), (2) or (3), the Board shall issue its written findings of fact and conclusions of law, along with its recommended disposition, if applicable. The Board's conclusions shall be based on the preponderance of evidence standard. The Board may recommend and the City Council may impose upon any Elected Official the penalties set forth in TMC Section 2.97.060. 5. Copies of the written findings of fact, conclusions and recommended disposition of the Board shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies shall be forwarded to the investigator, the City Attorney (or independent legal counsel), and the City Council, I. The written findings of fact, conclusions and recommended disposition shall be placed on the next regularly scheduled Council meeting agenda for discussion and disposition pursuant to TMC Section 2.97.060, by majority vote of the Council, J. Ex Parte Communications. After a complaint has been filed and during the pendency of a complaint before the Board, no member of the Board may communicate directly or indirectly with any party or other person about any issue or fact or law regarding the complaint, except that members of the Board may obtain legal advice with the City Attorney or assigned independent legal counsel, K. The party complained against may, within 10 business days following the date of a recommended disposition that finds a violation of this Code of Ethics, request a formal hearing before the Hearing Examiner. A request for a formal hearing shall be in writing. Except for good cause shown, the hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days from the date the appeal is filed. L. Within 30 days after the conclusion of a formal hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his/her order. Copies of the Hearing Examiner's findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. A copy of the Hearing Examiner's findings, conclusions and order shall also be provided to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. W: Word Processing \Ordinances \Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT:bjs 100 Page 8 of 11 Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order. Section 6. TMC Section 2.97.060 is hereby established to read as follows: 2.97.060 Penalties for Noncompliance Any Elected Official found, by a preponderance of the evidence, to have violated any provision of this Code of Ethics may be subject to one or more of the following penalties by majority vote of the Council: 1. A cease and desist order as to violations of this Code of Ethics. 2. An order to disclose any reports or other documents or information requested. 3. An order to pay to the City civil penalty of up to $1,000.00, where it is determined disciplinary measures are not appropriate under the circumstances. 4. Exclusion from bidding on City contracts for a period of up to 5 years. 5. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, but only if such contract(s) provide for termination in the event of a Code of Ethics violation. 6. Admonition. An admonition shall be a verbal statement approved by the City Council and made to the Elected Official by the Council President, or if the complaint is against the Council President, then by the next most senior Councilmember. An admonition under this section is not subject to further review or appeal except as may be otherwise provided by law. 7. Reprimand. A reprimand shall be administered to the Elected Official by a resolution of reprimand by the City Council. A reprimand under this section is not subject to further review or appeal, except as may be otherwise provided by law. 8. Censure. A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the Council to receive such censure. Notice shall be given at least 20 days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within 5 days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the investigator's findings of fact and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the Council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition to or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required. VV: Word Processing \Ordinances\Code of Ethics-Elected Officials-final strike-thru 7-31-14 01-:bjs Page 9 of 11 101 Section 7. TMC Section 2.97.070 is hereby established to read as follows: 2.97.070 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this chapter, the affected Elected Official may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this chapter, the affected Elected Official may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the final written order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the person who issued the final written order and the City Attorney, or his/her designee, and file an acknowledgment or affidavit of service in the Tukwila Municipal Court, D. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the Elected Official excluded may seek whatever remedies exist at law or in equity. E. Termination of Contract(s). If termination of contract(s) is ordered, the person whose contract(s) was/were terminated may seek whatever remedies exist at law or in equity. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Proce ng\Ordinances\Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT:bjs 102 Page 10 of 11 Section 10. 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 , 2014. ATTEST/AUTHENTICATED: Christy O'F aherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics-Elected Officials-final strike-thru 7-31-14 CT:bjs Page 11 of 11 103 104 EMPLOYEES AND APPOINTED OFFICIALS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2127 AND 2068, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.95, "CODE OF ETHICS," TO CHANGE THE TITLE TO "CODE OF ETHICS FOR EMPLOYEES AND APPOINTED OFFICIALS" AND TO REMOVE ELECTED OFFICIALS FROM THE ETHICS PROCESS USED FOR EMPLOYEES AND APPOINTED OFFICIALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City adopted a Code of Ethics by Ordinance No. 2068 on November 15, 2004 and amended the same by Ordinance No. 2127 on August 7, 2006; and WHEREAS, the City Council has established a separate chapter of the Tukwila Municipal Code relating to a Code of Ethics for Elected Officials, thereby requiring amendments to the current Code of Ethics codified in Tukwila Municipal Code Chapter 2.95; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Title of Tukwila Municipal Code (TMC) Chapter 2.95 Amended. Ordinance Nos. 2127 and 2068, as codified at TMC Chapter 2.95, "Code of Ethics," are hereby amended to change the title of TMC Chapter 2.95 to "Code of Ethics for Employees and Appointed Officials." Section 2. TMC Section 2.95.010 Amended. Ordinance Nos. 2127 §1 and 2068 §1 (part), as codified at TMC Section 2.95010, "Purpose," are hereby amended to read as follows: 2.95.010 Purpose A. It is the policy of the City of Tukwila to uphold, promote and demand the highest standard of ethics from all of its employees and appointed officials. City officers and employees shall maintain the utmost standards of personal integrity, truthfulness, honesty and fairness in carrying out their public duties; they shall avoid any improprieties in their W: Word Processing\Ordinances\Code of Ethics-Employees and Appointed strike-thru 7-31-14 CT :L-0 Page 1 of 9 105 roles as public servants__, ttie-appearan-ce-of imprwr ; •-and they shall never use their City positions or powers for improper personal gain. B. It is the intention of the City Council that TMC Chapter 2.95 be liberally interpreted to accomplish its purpose of protecting the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of this Code of Ethics, In interpreting TMC Chapter 2.95, City officers and employees should be guided by common sense and practicality. This Code of Ethics is supplemental to Washington State law, RCW 42.23. Section 3. TMC Section 2.95.020 Amended. Ordinance No, 2068 §1 (part), as codified at TMC Section 2.95,020, "Definitions," is hereby amended to read as follows: 2.95.020 Definitions As used in TMC Chapter 2.95, these words shall have the following meanings, unless the context clearly indicates otherwise: 1. "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, consultant, holding company, joint stock company, receivership, trust, or any legal entity organized for profit, 2. "City officer or employee" means every individual appointed, hired, or otherwise selected to an office or position with the City, or any subdivision thereof, whether such individual is paid or unpaid. 3, "Compensation" means payment in any form, for real or personal property or services of any kind. 4. "Gift" means a voluntary transfer of real or personal property of any kind, or the voluntary rendition of services of any kind, without consideration of equal or greater value, but not including any reasonable hosting, including travel, entertainment, meal, or refreshment expenses incurred in connection with appearances, ceremonies, and occasions reasonably related to official City business, where otherwise permitted by law. 5. "Hearing Examiner" shall mean the duly appointed and qualified Hearing Examiner for the City of Tukwila, or his/her designee. 6. "Immediate family" shall mean spouses, dependents, anyone residing in the person's household, and anyone within three generations by blood or marriage of the person or the person's spouse (e.g., within three degrees of relationship by blood or marriage). 7. "Person" means any individual, corporation, business or other entity, however constituted, organized or designated. Section 4. TMC Section 2.95.030 Amended. Ordinance Nos. 2127 §2 and 2068 §1 (part), as codified at TMC Section 2.95.030, "Prohibited Conduct," are hereby amended to read as follows: W: Word Processing \Ordinances\Code of Ethics-Employees and Appointed strike-thru 7-31-14 CT:bjs 106 Page 2 of 9 2.95.030 Prohibited Conduct The following shall constitute violations of this Code of Ethics: 1. General Prohibition Against Conflicts of Interest. In order to avoid becoming involved or implicated in a conflict of interest or impropriety, or all-- eearapoe of conflict of interest-or-impropri-etyrno current City officer or employee should be involved in any activity that might be seen as conflicting with the conduct of official City business.-or a-s adverse -to-the- ipterests -of-the-City, Even- the- appeara-nse-of-tbe conduct pro-hibited -in TIVIC Seotion- 2.95:030 a-lone rnay be s-ufficient- to-oanstitute a- violation—of-this--Code-of Et hic-s, 2. Beneficial Interests in Contracts Prohibited. No City officer or employee shall participate in his/her capacity as a City officer or employee in the making of a contract in which she/he has a financial interest, direct or indirect. This shall include any contract for sale, lease or purchase, with or for the use of the City, or the acceptance directly or indirectly of any compensation, gratuity or reward from any other person beneficially interested therein. Except, that this prohibition shall not apply where the City officer or employee has only a remote interest in the contract, and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith, by a vote of its membership sufficient for the purpose without counting the vote(s) of the officer(s) having the remote interest. For purposes of TMC Chapter 2.95, a "remote interest" means: a. That of a non-salaried officer of a nonprofit corporation; b. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; c. That of a landlord or tenant of a contracting party; or d. That of a holder of less than one percent of the shares of a corporation, a limited liability company, or other entity, which is a contracting party. 3. Beneficial Influence in Contract Selection Prohibited. No City officer or employee shall influence the City's selection of, or its conduct of business with, a corporation, person or firm having or proposing to do business with the City, if the City officer or employee has a financial interest in or with the corporation, person or firm, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted in the official minutes or similar records of the City prior to formation of the contract. 4. Representation of Private Person at City Proceeding Prohibited. No City officer or employee shall appear on behalf of a private person, other than him/herself or an immediate family member, or except as a witness under subpoena, before any regulatory governmental agency or court of law in an action or proceeding to which the City or a City officer in an official capacity is a party, or accept a retainer or compensation that is contingent upon a specific action by the City. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining W: Word Processing \Ordinances \Code of Ethics-Employees and Appointed strike-thru 7-31-14 CT:bjs Page 3 of 9 107 Act, including the right to appear and/or testify in a legal proceeding on behalf of a labor organization representing employees or seeking to represent employees of the City. 5. Certain Private Employment Prohibited. No City officer or employee shall engage in or accept private employment from or render services for—any private interest, when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. This provision shall not interfere with an employee's right to engage in off duty employment that is authorized pursuant to a collective bargaining agreement and/or Tukwila Police Department General Orders. 6. Beneficial Interest in Legislation Prohibited. No City officer or employee, in appearing before the City Council or when giving an official opinion before the City Council, shall have a financial interest in any legislation coming before the City Council or participate in discussion with or give an official opinion to the City Council, unless such interest is a remote interest and where the fact and extent of such interest is disclosed and noted on the record of the Council or similar records of the City, prior to consideration of the legislation by the City Council. 7. Disclosure of Confidential Information Prohibited. No City officer or employee shall disclose or use any confidential, privileged or proprietary information, gained by reason of his/her official position, for a purpose which is other than a City purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public upon request. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right of a labor organization to utilize and disclose properly obtained information that the City deems confidential, privileged, or proprietary. 8. Improper Use of Position Prohibited. No City officer or employee shall knowingly use his/her office or position to secure personal benefit, gain or profit, or use his/her position to secure special privileges or exceptions for him/herself, or for the benefit, gain or profit of any other persons. This provision shall not preclude an employee from exercising rights protected by the Public Employees Collective Bargaining Act, including the right to negotiate agreements that address the wages, hours, and working conditions of employees of the City. 9, Improper Use of City Personnel Prohibited. No City officer or employee shall employ or use any person under the officer's or employee's official control or direction for the personal benefit, gain or profit of the officer or employee, or another. This section does not apply to off-duty employment relationships, which are mutually negotiated. 10. Improper Use of City Property Prohibited. No City officer or employee shall use City owned vehicles, equipment, materials, money or property for personal or private convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official City business, and for such purposes and under such conditions as are approved by administrative order of the Mayor; provided, the use of a City vehicle by a City officer or employee participating in a carpooling program W: Word Processing\Ordinances\Code of Ethics-Employees and Appointed strike-thru 7-31-14 CT:hjs 108 Page 4 of 9 established by the City, and for a purpose authorized under such program, shall not be considered a violation of TMC Chapter 2.95 or of any other provision of the Tukwila Municipal Code. 11. Acceptance of Compensation, Gifts, Favors, Rewards or Gratuity Prohibited. No City officer or employee may, directly or indirectly, give or receive, or agree to give or receive, any compensation, gift, favor, reward or gratuity, for a matter connected with or related to the officer's or employee's services with the City of Tukwila; except this prohibition shall not apply to; a. Attendance of a City officer or employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of City business, or where official attendance by the officer or employee as a City representative is appropriate; b. An award publicly presented in recognition of public service; c. Any gift valued at $100.00 or less, which cannot reasonably be presumed to influence the vote, action or judgment of the officer or employee, or be considered as part of a reward for action or inaction; or d. An employee serving as a representative of a labor organization and/or an employee receiving compensation, gifts, or rewards from a labor organization of which he/she is a member. 12. Impermissible Conduct After Leaving City Service. a. Disclosure of Privileged, Confidential, or Proprietary Information Prohibited. No former officer or employee shall disclose or use any privileged, confidential or proprietary information gained because of his/her City employment. b. Participation in City Matters Prohibited. No former officer or employee shall, during the period of one year after leaving City office or employment: (1) Assist any person in matters involving the City if, while in the course of duty with the City, the former officer or employee was officially involved in the matter, or personally and substantially participated in the matter, or acted on the matter; (2) Represent any person as an advocate in any matter in which the former officer or employee was involved while a City officer or employee; or (3) Participate as or with a bidder, vendor or consultant in any competitive selection process for a City contract in which s/he assisted the City in determining the project or work to be done, or the process to be used. c. Duty to Inform. Whenever a City officer or employee wishes to contract with a former City officer or employee for expert or consultant services within one year of the latter's leaving City service, advance notice shall be given to the Mayor about the proposed agreement. W: Word Processing \Ordinances\Ccde of Ethics-Employees and Appointed strike-thru 7-31-14 CT:bjs Page 5 of 9 109 d. Exceptions. The prohibitions of TMC Section 2.95.030, paragraphs 12.b(1) and (2), shall not apply to a former officer or employee acting on behalf of a governmental agency, unless such assistance or representation is adverse to the interest of the City. Section 5. TMC Section 2.95.040 Amended. Ordinance Nos. 2127 §3 and 2068 §1 (part), as codified at TMC Section 2.95.040, "Complaint Process," are hereby amended to read as follows: 2.95.040 Complaint Process A. A complaint that this Code of Ethics has been violated may be filed with any one of the following officers, or his/her designee(s): 1. Mayor; or 2. City Attorney. B. No person shall knowingly file a false complaint or report of violation of this Code of Ethics. C. Any individual receiving a complaint that this Code of Ethics has been violated has an obligation to promptly forward the complaint, in writing, to the Mayor. The Mayor shall promptly designate an individual to conduct an investigation of the complaint. D. The individual designated to conduct the investigation shall notify the subject of the complaint that a complaint has been made. The designated investigator shall then complete the investigation and prepare written findings and conclusions within 60 days of the date the complaint is received by the Mayor or City Attorney, unless an extension is granted in writing by the Mayor. A copy of the written investigation findings and conclusions shall be provided to the Mayor. E. Within 5 business days of receipt of the investigator's written findings and conclusions, the Mayor shall prepare a written recommended disposition of the complaint. Copies of the recommended disposition and the investigation findings and conclusions shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the recommended disposition shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the recommended disposition. The recommended disposition shall not be implemented until the time for requesting a formal hearing, pursuant to TMC Section 2.95.040(G), has lapsed and no such hearing has been requested. F. When the complaint is against an appointed board or commission member, the investigative findings and conclusions as discussed in TMC Section 2.95.040(E), as well as the recommended disposition, shall be placed on the next regularly scheduled Council meeting agenda, for informational purposes only. W: Word Processing \Ordinances\Code of Ethics-Employees and Appointed strike-thru 7-31-14 CI:hjs 110 Page 6 of 9 G. The party complained against may, within 10 business days following the date of a recommended disposition that finds a violation of this Code of Ethics, request a formal hearing before the Hearing Examiner, A request for a formal hearing shall be in writing. Except for good cause shown, the hearing shall be scheduled to take place not sooner than 20 days nor later than 60 days from the date the appeal is filed. H. Within 30 days after the conclusion of a formal hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, prepare findings of fact, conclusions of law, and his/her order. Copies of the Hearing Examiner's findings, conclusions and order shall be forwarded by certified mail to the complaining party and the party complained against at their last known addresses. Additional copies of the findings, conclusions and order shall be forwarded to the investigator, the City Attorney or the City Attorney's designee, and the person(s) responsible for acting on the Hearing Examiner's order, In the case of a complaint against an appointed board or commission member, the Hearing Examiner's findings shall be forwarded to the City Council and placed on the next regularly scheduled Council meeting agenda, for informational purposes only. Section 6. TMC Section 2.95.050 Amended. Ordinance Nos. 2127 §4 and 2068 §1 (part), as codified at TMC Section 2.95.050, "Penalties for Noncompliance," are hereby amended to read as follows: 2.95.050 Penalties for Noncompliance A. Any person, other than an employee covered by a collective bargaining agreement, found by a preponderance of the evidence to have violated any provision of this Code of Ethics may be subject to one or more of the following penalties: 1. A cease and desist order as to violations of this Code of Ethics; 2. An order to disclose any reports or other documents or information requested by the Mayor; 3. An order to pay to the City a civil penalty of up to $1,000.00, where it is determined disciplinary measures are not appropriate under the circumstances; 4. Discipline, up to and including termination or removal from any position whether paid or unpaid, only after notice and hearing as provided by law. The pre- disciplinary procedures set forth in the provisions of the Tukwila Municipal Code and applicable personnel policies shall be followed for regular employees in the Classified City Service; 5. Exclusion from bidding on City contracts for a period of up to 5 years; and/or 6. Termination or invalidation of contract(s) entered into in violation of the Code of Ethics, only if such contract(s) provide for termination in the event of a Code of Ethics violation. W: Word Processing \Ordinances \Code of E hics-Employees and Appointed strike-thru 7-31-14 CT:bjs Page 7 of 9 111 B. Any allegation that an employee who is covered by a collective bargaining agreement has violated any provision of this Code of Ethics shall be investigated in accordance with the applicable collective bargaining agreement and Department Policies, Procedures, or General Orders. For any proven violation of this Code of Ethics, an employee may be disciplined up to and including termination in accordance with the applicable collective bargaining agreement. Any such discipline may be appealed in accordance with the applicable collective bargaining agreement or Civil Service Rules. Section 7. TMC Section 2.95.060 Amended. Ordinance No. 2068 §1 (part), as codified at TMC Section 2.95.060, "Where to Seek Review," is hereby amended to read as follows: 2.95.060 Where to Seek Review A. Cease and Desist Order. If ordered to cease and desist violating this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action. B. Public Disclosure. If ordered to disclose any documents or papers pursuant to this Code of Ethics, an affected party may seek review by writ of review from the King County Superior Court pursuant to RCW 7.16, or other appropriate legal action, C. Civil Penalty. If ordered to pay a civil penalty, an appeal may be taken in the form of a trial de novo in the Tukwila Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction and applicable local rules of the Tukwila Municipal Court. This appeal shall be taken by filing in the Tukwila Municipal Court a notice of appeal within 14 days of the date of the final written order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the person who issued the final written order and the City Attorney, or his/her designee, and file an acknowledgment or affidavit of service in the Tukwila Municipal Court D. Discipline or Removal. If an employee or officer is disciplined or removed from office, then the person disciplined or removed from office may seek whatever remedies may be available at law or in equity. E. Exclusion from Public Bidding. If ordered to be excluded from bidding on public contracts and the exclusion actually occurs, the person excluded may seek whatever remedies exist at law or in equity. F. Termination of Contract(s). If termination of contract(s) is ordered, the person whose contract(s) was/were terminated may seek whatever remedies exist at law or in equity. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing \Ordinances\Code of Ethics-Employees and Appointed strike-thru 7-31-14 CT:bjs 112 Page 8 of 9 Section 9. 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 10. 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 , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of he City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Code of Ethics-Employees and Appointed strike-thru 7-31-14 CT:bjs Page 9 of 9 113 114 COUNCIL AGENDA SYNOPSIS Nleeti q D ale Prepared by /1Ia ,irc review -, Council review 07/28/14 CT Interlocal Agreement c \ i 1 ;( )R v i,ciission ,■.N Date 7/28/14 S l'( )\:;.,( )k Coiao/ ,1/1,r3 08/04/14 CT Ordinance A ./t /),ile 1/id In inI .11tp, Dote I I Pub& I lean' ng A 1u;1)a1e P1t Ponce Other ALN 1 )(ile .. ..._. _ _ . - A 1/ l''inance 1!i » 11 Sl'uN,,c ,R';, Amendments to the TPMPD Interlocal Agreement SI IM:\ I \11' Ri VIM! A liY Li COW Nit. I 1.ilitics Cinti: DATE: 7/15/14 ITEM INFORMATION ITEM No. 6.C. 115 STAil, Si,( )i\soR: DAVID CLINE ORI c ;IN,\ I, A( ;1,N1),\ 1)\ 11: 07/28/14 A( ;1Ai ).\ 1.1,:m` "Fru, TPMPD Interlocal Agreement c \ i 1 ;( )R v i,ciission ,■.N Date 7/28/14 S l'( )\:;.,( )k Coiao/ ,1/1,r3 Motion Date 08/04/14 or i IR Resolution Alig Dale DC I-) Ordinance A ./t /),ile 1/id In inI .11tp, Dote I I Pub& I lean' ng A 1u;1)a1e P1t Ponce Other ALN 1 )(ile .. ..._. _ _ . - A 1/ l''inance 1!i » 11 Sl'uN,,c ,R';, Amendments to the TPMPD Interlocal Agreement SI IM:\ I \11' Ri VIM! A liY Li COW Nit. I 1.ilitics Cinti: DATE: 7/15/14 CA&P Cmte 1 &S Ciutc 1 Transportation Cmte Parks Comm. E Planning Comm. CoMmiTIEF CI I AIR: DUFFIE Arts nnin. RECOMMENDATIONS: I' )NS( )R[11)\11\. (:( ),M \I Mayor's Office liTI,L Forward to Committee of the Whole COST IMPACT / FUND SOURCE 1x1)1,N1)111'ItkRNQ1 ■IltE1) AMOUNT BUDGETED APPROPRINI ION REQ ED Fund Source: ( 'ow/lents; MTG. DATE RECORD OF COUNCIL ACTION eeting 07/28/14 Forward to next Regular MTG. DATE ATTACHMENTS 07/28/14 Informationat Memorandum dated 07/08/14, with attachments Minutes from the Finance and Safety Committee Meeting of 7/15/14 08/04/14 ILA in final form 115 116 INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila ( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are Washington municipal corporations, hereby enter into the following agreement: I. RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT 1. Term of Agreement, Termination and Renewal. 1.1 Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until December 3.1, 2015 unless terminated by consent of the parties or by one of the termination methods set forth below, etc. (a). Termination for non - payment. If the TPMPD has not made a monthly payment within ten (10) days after its due date of net 30, Tukwila shall send, by registered mail and email, written notice to the TPMPD that such payment is overdue. If payment is not made within five (5) business days after said notice has been received, Tukwila may terminate this Agreement by providing written notice to the TPMPD, it being understood that nothing in this shall limit or impair Tukwila's right to any remedy otherwise available under applicable law. (b). Termination for failure to carry insurance. Either party may terminate this Agreement immediately in the event the other party fails to maintain the insurance coverage required under Section 3.1. (c). Termination Without Cause. Either party may terminate this agreement at any time with one hundred twenty (120) days written notice to the other Party. 1.2. Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. TPMPD Interlocal Agreement - Page 1 of 7 117 2.1. Pool Operations Scope of Work. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall perform the duties described in "Exhibit 1" for the TPMPD. 2.2. Pool Staff and Management. The cost of pool staff and management salaries and benefits are not included in this agreement. The cost of pool staff and management salaries and benefits shall be billed separately to the TPMPD. The positions of Aquatics Program Coordinator, Aquatics Program Specialist, and Extra Labor comprise pool staff and management. 2.3. Support Services Scope of Work. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may delegate responsibilities based on staff availability and organizational needs. Tukwila shall perform duties described in "Exhibit 2" as needed and requested by the Board President or his or her designee. 2.4. Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time spent providing support services, plus 10% for overhead expenses. Support Services are estimated to cost approximately $6,600 per month; however, nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.5. Cost Controls. If support services costs exceed $6,600 per month the parties shall work together to find options for reducing the costs. TPMPD and the City will actively seek and implement cost saving measures to assist in maintaining costs below $6,600 per month. Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services provided to TPMPD outlining the nature of the services provided, the hours of service provided, the hourly rate applicable to such services and the expenses incurred no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 2.6. Employees. All City employees who provide the TPMPD the services called for in this Agreement shall be employees of the City, and not employees of the TPMPD. Except as provided in this Agreement, the employees of the City who are performing the services called for in this Agreement shall not be entitled to any benefit from the TPMPD. The City shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Agreement. The City shall be solely responsible for all compensation, benefits and insurance for its employees. The TPMPD agrees to adopt and follow the City's personnel policies and procedures related to employee safety, pool behavior and workplace harassment. 2.7. Records. All records relating to the provision of the services called for in this Agreement shall be considered records of the TPMPD, and shall be retained in accordance with the records retention requirements of the TPMPD; provided, the City may retain copies of any records that it must retain to comply with its own retention requirements or other applicable laws. TPMPD Interlocal Agreement - Page 2 of 7 118 3. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. 3.1. Insurance. Each party shall carry and maintain, for the duration of this Agreement property and liability insurance coverage for all operations, facilities, equipment, and personnel, including liability, at not less than the amount and coverage's as existing on the date of this Agreement in a form and with a company acceptable to the other party. 4. Accountability and Reporting. 4.1. Annual Operations Work Plan,. Tukwila, working in conjunction with the Executive Director, shall provide the TPMPD with an Annual Operations Work Plan for the coming year on or before November 15th of each year. (a). Annual Operations Work Plan Approval. The Annual Operations Work Plan shall be subject to the approval of the TPMPD, within 45 days of submittal, which approval shall not be unreasonably withheld. If the TPMPD does not approve the Annual Operations Work Plan, it shall specify in detail a reasonable basis for its disapproval. If the TPMPD fails to provide its approval or a reasonable basis for disapproval within the foregoing 45 -day period, the Annual Operations Work Plan as submitted by Tukwila shall be deemed approved. In the event of dispute or disagreement regarding the adoption of or compliance with the Annual Operations Work Plan, the parties shall resolve such dispute pursuant to the Dispute Resolution provisions in Paragraph 7. (b). Annual Operations Work Plan Content. The Annual Operations Work Plan shall include, at a minimum, the following elements: (i). Proposed pool hours, programs, partnerships, and user fees. (ii). Proposed routine maintenance plan and identification of non - routine maintenance for the year. (iii). Proposed annual operating budget including all operational expenses and expected revenue (not to include capital expenses or TPMPD administrative costs). TPMPD Interlocal Agreement - Page 3 of 7 119 (iv). Proposed program level success criteria and proposed measurements of success. (v). Proposed plan for staff development and proposed measurement of success. (c). Annual Operations Work Plan Quarterly Reporting. Tukwila shall provide the TPMPD with quarterly reports including, but not limited to, progress toward goals outlined in the Annual Operations Work Plan. These reports are due to the Executive Director one week (seven days) prior to the monthly TPMPD Board of Commissioner's meetings. 4.2. Monthly Financial Reporting. Tukwila shall provide monthly financial reports to the TPMPD. The monthly reports shall provide all income and expenses, including staffing and support services, separating operational expenses from capital expenses and TPMPD administrative costs. The reporting shall be submitted to the TPMPD Board in time to be included in the distribution for the monthly public meeting. 4.3. Monthly Operations Reporting. Tukwila shall provide a monthly operations report to the TPMPD. The monthly operations report shall be consistent with Tukwila's current monthly operations report format and content. 4.4. Performance Audits. The TPMPD may conduct Performance Audits at such time as TPMPD determines a Performance Audit is necessary. Performance Audits will include, but are not limited to, review of Tukwila's performance against Annual Operations Work Plan benchmarks, budget, timelines of current and future projects and other deliverables as presented to the Executive Director and outlined in the Annual Operations Work Plan. 5. Tukwila Policies and Procedures. The TPMPD agrees to adopt and follow all Tukwila policies and procedures relating to the operation of the pool existing on the date of this Agreement. Tukwila reserves the right to modify, remove or add policies and procedures relating to the operation of the pool, provided however, if such policies and procedures affect the TPMPD's costs under this Agreement, such modified, removed or additional policies shall be subject to the prior approval of the TPMPD, such approval by the TPMPD not being unreasonably withheld. 6. TPMPD Policies and Procedures. The TPMPD reserves the right to adopt TPMPD policies and procedures that govern pool policy and operations. If such policies affect pool operations, TPMPD will obtain Tukwila's input prior to adopting the policies. If such policies or procedures affect the wages or working conditions of Tukwila employees, such policies and procedures shall be subject to prior approval by Tukwila, such approval not being unreasonably withheld. TPMPD policies may not relax requirements below current local, state or federal standards. TPMPD policies shall supersede all previous policies once adopted. 7. Dispute Resolution. 7.1. Negotiation. In the event a dispute arises under this Agreement the parties agree to engage in a process of negotiation to resolve such dispute. TPMPD Interlocal Agreement - Page 4 of 7 120 7.2. Mediation. If the parties are unable to resolve a dispute regarding this Agreement through negotiation, either party may demand mediation through a process to be mutually agreed to in good faith between the parties within 30 days. The parties shall share equally the costs of mediation and each party shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. 8. General Provisions. 8.1. No Separate Entity Created. This Agreement does not establish a separate legal entity, joint board, or administrative section for the purpose of acquiring, managing, or disposing of property, or any other financial obligation allowed under the Interlocal Cooperation Act. 8.2. Administration. Unless the Parties otherwise agree, there shall be no lead agency responsible for the administration of this Agreement. This Agreement shall be administered jointly by the chief officers of the respective Parties. 8.3. Property Ownership. This Agreement does not provide for jointly owned property. All property presently owned or hereafter acquired by using TPMPD funds shall remain the property of the TPMPD and all property presently owned or hereafter acquired using City funds in performing services under this Agreement shall remain the property of the City in the event of the termination of this agreement. 8.4. Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 8.5. Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Tukwila. 8.6. Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 8.7. Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 8.8. Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 8.9. Entire Agreement. This Agreement represent's the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 8.10. Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. TPMPD Interlocal Agreement - Page 5 of 7 121 8.11. Notices. Any notice 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: For Tukwila: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 TPMPD Interlocal Agreement - Page 6 of 7 122 For TPMPD: President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA TUKWILA POOL METROPOLITAN PARK DISTRICT By: By: Jim Haggerton, Mayor Title: De'Sean Quinn, Board President Dated: Dated: Attest: Attest: Christy O'Flaherty, City Clerk Title: Kate Kruller, Clerk of the Board Approved as to Form: Approved as to Form: Rachel Turpin, City Attorney Brian Snure, Attorney for TPMPD TPMPD Interlocal Agreement - Page 7 of 7 123 124 COUNCIL AGENDA SYNOPSIS --1/71fiab' "Weal 8, Dale' Prepared by ,V1 41 evw ie r ' ' Council aim, 07/28/14 CT ,!4: Ord/name i\ 1i Da/ 1'illan6t, 1 08/04/14 CT (Nei All 1),ire All'; Date 08/04/14 DC]) /re — 17 Pe7R Po/le — Pr l'( )1\( )1C,`.., City Scholarship Annual Report ,SI 'MI \I.1 RI \I VC1 1 i COW Mtg. —I CAM) Cmtc Z I-I&S (Ante I 1 1 ranTortation Cume * U tilme, Cmte Art Comm. — Park,, Comm Planning Comm 1)A1 1/: 6/3/14, 6/17/14 & 7/8/14 ( OMMITIT1,1 CI IA IR SEAL RECOMMENDATIONS: SP( )v,( )1(//11 AI IN Mayor's Office I-II 1 Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 6.D. 125 S 1 \ l 1 Si )NS )R: JOYCE TRANTINA ORIIN \I \(,1 ND \ I) \ 11 7/28/2014 Of NI) \ III \I 1111 Tukwila City of Opportunity Scholarship Annual Report ( 1 ( 0 )10 il 11 ! il 0 /1 \10 Daie 07/28/14 SI)(.),NOR ( oil thil i1/1a)or _1 IVI Mon llfg Date i 11Z IZelollooll Ord/name i\ 1i Da/ 1'illan6t, 1 Bu/ in ird A I Dale Pit/1/, 1 fearing Al l Date (Nei All 1),ire All'; Date 08/04/14 DC]) /re — 17 Pe7R Po/le — Pr l'( )1\( )1C,`.., City Scholarship Annual Report ,SI 'MI \I.1 RI \I VC1 1 i COW Mtg. —I CAM) Cmtc Z I-I&S (Ante I 1 1 ranTortation Cume * U tilme, Cmte Art Comm. — Park,, Comm Planning Comm 1)A1 1/: 6/3/14, 6/17/14 & 7/8/14 ( OMMITIT1,1 CI IA IR SEAL RECOMMENDATIONS: SP( )v,( )1(//11 AI IN Mayor's Office I-II 1 Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE 1 xpi N i ) t 1 1 t 1 R J I IR1 11) AMOUNT B111)(il II 1) AIIROIRIAI ION RI )(11RI 1) $10,000.00 $10,000.00 Fund Source: GENERAL FUND 'ommen/s MTG. DATE 07/28/14 Forward RECORD OF COUNCIL ACTION to next Regular meeting with amendments MTG. DATE ATTACHMENTS 07/28/14 Informational Memorandum dated 6/18/14 Resolution in Draft Form Minutes from the Finance & Safety Committee meeting of 07/08/14 Minutes from the Finance & Safety Committee meeting of 06/17/14 Minutes from the Finance & Safety Committee meeting of 06/0 / 4 08/04/14 Resolution in strike-thru underlined format 125 126 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE "TUKWILA, CITY OF OPPORTUNITY SCHOLARSHIP" PROGRAM TO INCREASE THE FUNDING LEVEL AND REFINE PROCEDURES; AND REPEALING RESOLUTION NO. 1817. WHEREAS, the City of Tukwila has a scholarship program for high school students living in Tukwila; and WHEREAS, the purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school; and WHEREAS, the scholarship grant shall be known and cited as the "Tukwila, City of Opportunity Scholarship;" and WHEREAS, following the initial implementation and awarding of scholarship funds, the City wishes to increase the funding level for the program and refine procedures; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The purpose of establishing the scholarship program is to provide financial assistance and opportunity to deserving students to continue their education beyond high school. Section 2. Scholarship Eligibility Requirements. Recipients of the scholarship program shall meet the following qualifications: • Must be a resident of the City of Tukwila. Proof of residency is required at the time of application. • Must be equivalent to a senior in high school. • Must demonstrate a substantial financial need as indicated on the FAFSA Student Aid Report. • Must have applied to an undergraduate program at a community college, trade school or university. • Must demonstrate leadership qualities as evidenced by involvement in extra - curricular activities. W: \Word Processing \Resolutions \City scholarship program amended strike -thru 7 -29 -14 CT:bjs Page 1 of 2 127 • Must have a cumulative grade point average (GPA) of 2.75 or higher. • Must have completed a minimum of 15 hours of community service. Section 3. Funding. A sum of $10,000 per calendar year shall be appropriated and reflected in the City of Tukwila budget. Scholarships will be awarded in increments of not Tess than $1,000 nor greater than $5,000. Section 4. Scholarship Selection Committee. A Scholarship Selection Committee shall be created and shall include the Mayor and /or his or her designee, the City Council President and /or another City Councilmember, and up to two City staff appointees and School District representative(s) who can fairly evaluate the level of academic and extracurricular activities represented in the scholarship applications. If a relative of a member of the Selection Committee submits an application, the committee member shall recuse him /herself themselves from the rating and evaluation of that application. Section 5. Roles and Authority for the Scholarship Fund. A. City staff shall administer the scholarship fund as directed by this resolution, and it shall be known and cited as the "Tukwila, City of Opportunity Scholarship." B. The Scholarship Selection Committee shall review the program annually and submit a report to Council that summarizes by school district: the applications, available funds, the scholarships awarded, the number of applications that did not result in scholarships, and any recommendations for revisions to the program. C. The Council shall receive the report and request revisions to the program as needed. Section 6. Application Review Process. The deadline for applications to be submitted is March 31 of each year. All applications will be reviewed by City staff to determine that the eligibility requirements have been met. All applications that meet the eligibility requirements will be reviewed by the Scholarship Selection Committee, which will present a recommendation to the City Council for approval of scholarship awards. Scholarship recipients will be notified by April 30 each year. Section 7. Repealer. Resolution No. 1817 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel Turpin, Assistant City Attorney W: \Word Processing \Resolutions \City scholarship program amended strike -thru 7 -29 -14 CT:bjs 128 Page 2 of 2 City of Tukwila Jim Haggerton, Mayor CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: July 30, 2014 SUBJECT: Report for August 4, 2014 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. Intergovernmental Update • Meetinq with Kinq County Councilmember McDermott: Mayor Haggerton, City Administrator David Cline, Communications and Government Relations Manager Rachel Bianchi and other City staff met with King County Councilmember Joe McDermott to discuss Sound Transit. As part of the meeting the City provided the Councilmember a one page flyer outlining the need for the Boeing Access Road Station. As the Council is aware, Sound Transit is currently updating its long range plan and several property owners have approached the City about moving forward with the station. • Tukwila International Blvd Lonq Range Planninq Initiatives: Economic Development and the Department of Community Development met with staff from the City of SeaTac to discuss combined long range planning initiatives along Tukwila International Blvd • City Support Services to Tukwila Pool Metropolitan Park District (TPMPD): City staff from several departments met and initiated the development of a transition plan which will facilitate a positive, productive, and professional transition and conclusion of support services to the TPMPD. City staff will regularly update the Community Affairs and Parks Committee on these transition efforts as well as the City Council as necessary. Community Events • Touch -a- Truck: The Parks and Recreation Department held the annual Touch a Truck event at Foster High School on Saturday, July 26, 2014. 17 agencies, including the Tukwila Police and Fire Departments, participated in the event and over 22 trucks, tractors, police, fire and other vehicles were present. During the event Economic Development staff circulated surveys as part of the "Grocery Store Project." The Seattle Humane Society MaxMobile attended the event and held a day -of pet adoption! This year's event highlight was the landing of a helicopter at 11:30am, thanks to Marty Grisham's son, Justin Grisham. • Free Summer Concerts and Movies throuqhout Auqust: The Parks and Recreation Department kicks off free summer concerts and movies at the Tukwila Community Center. The schedule is as follows: Concerts @ 12 Noon at TCC Movies begin at dusk @ TCC August 6: Recess Monkey August 8: Despicable Me 2 August 13: Johnny Bregar August 15: The Nut Job August 20: The Not -Its August 22: Frozen 129 City Administrator Report Page 2 August 27: Eric Ode • Tukwila School District Summer School: The final day of summer school was July 31, 2014. 300 children participated in the recreation portion of the program where they would participate in active games and enrichment activities. After summer school, 220 children would transition to the playground program. The program was held at Thorndyke Elementary school and served kids ranging from pre -k — 5th grade, the program helped to keep kids active and engaged in structured activities with peers and positive role models. • Kids Festival: Parks and Recreation staff will be hosting the annual Kids Festival event on Saturday, August 23, 2014 at Cascade View Park from 12 noon to 4p.m. Exhibits, interactive booths, arts & crafts, games, and entertainment create a fun and educational experience for families. 11. Staff Updates Public Safety • Cultural Diversity Traininq: The police department Professional Standards Unit conducted a series of Diversity Training classes for all police department members. The training was centered upon the PBS series entitled, "Race: The Power of Illusion." Some of the themes covered were: human variation, the origins of race, old views of difference, law, immigration, housing, the wealth gap and Tukwila Police Department Values. The training was thought provoking and relevant to the law enforcement profession. • Staff Retreat: On July 21, 2014, the police department conducted an all -day staff retreat in Sea -Tac. The objective was to move us from a very good team most of the time to a great team all of the time. We followed the City Administration's lead and utilized a team building model introduced in Patrick Lencioni's book The Advantage. Project Updates • LEAN for Government Traininq: Approximately 40 employees participated in an Introduction to Lean for Government training with consultant Larisa Benson. The training involved process analysis and improvement and is another element in developing as a Higher Performing Organization. • Tukwila Urban Center Transit Center /Andover Park West Roadway Improvements: Road closures continue at night on Andover Park West from Baker Boulevard to Tukwila Parkway. The northbound curb lane on Baker Boulevard is closed 24/7. Concrete work continues on the west side and electrical conduits were installed in the east side along with some pedestrian light pole foundations and junction boxes. • East Marqinal Way Storm Pipe Replacement: The Contractor is working on locating utilities by potholing and setting up the dewatering system in the next week. • 2014 Overlay & Repair: Pre - overlay pavement repairs are underway at S 112th St, the Ryan Hill area, S 152nd St, Evans Black Drive (next to Lowe's), and 40th Ave S. Overlays will follow these repairs in the upcoming weeks. • Cascade View Safe Route: The bid opening is scheduled for August 7. • Thorndyke Safe Routes to School: Official Notice to Proceed was issued to our consultant, KPG for construction management. The Notice to Proceed to Road Construction Northwest for the actual construction will occur soon. The City is coordinating with residents and the school. • Klickitat Drive Elevated Walkway /Unstable Slope Repair: WSDOT is requesting bids on this Unstable Slope Repair /Klickitat Elevated Walkway project on with a bid opening scheduled for August 20. 130 City Administrator Report Page 3 • SR 518/51St Update: The SR 518/51st re- striping and stop sign removal is now scheduled to be completed on August 10, subject to suitable weather. • Recyclinq Award for Tukwila: King County has recognized the City of Tukwila as a Best Workplace for Waste Prevention and Recycling "for its efforts to reduce waste and increase recycling through its in -house recycling program." Tukwila met five basic criteria, and took a number of additional steps to reduce waste, including expanding its food recycling program to cover all four fire stations. Tukwila was named to the "Honor Roll" in 2014 since this is the fifth consecutive year that Tukwila has been a Best Workplace for Waste Prevention and Recycling. • Restore the Duwamish Work Party: On July 21 thirty -five enthusiastic volunteers from Outer Wall pulled bindweed, blackberry and thistle and sheet mulched areas along the Boeing Employees Credit Union shoreline restoration site. • Briscoe /Desimone Levee Repair Public Hearing: A public hearing was held on July 22 before the City's Hearing Examiner regarding a request by the City of Kent for a variance from Tukwila's adopted levee profile and trail standards. The hearing was attended by two property owners who testified about the temporary and permanent impacts of the levee repair to the parking on their sites. The Hearing Examiner kept the hearing open until August 1, 2014 to allow the City of Kent and Tukwila staff the opportunity to respond to this request. • Seattle Southside: Congratulations to Katherine Kertzman for being recognized as a Certified Destination Marketing Executive (CDME) by the Destination Marketing Association International. Katherine serves as the Executive Director for Seattle Southside Visitor Services, the City's tourism office. Katherine joins the ranks of over 200 destination marketing professionals around the world who have received the certification. 111. Responses to Council /Citizen Inquiries • Summary response to Keith William's informational memo to council: In response to Keith Williams's memo and comments to council meeting on July 21, 2014 the building division staff contacted Mr. Williams on July 22 to better understand and address his concerns. The police have also been notified on several occasions regarding this matter and responded to Mr. Williams in person and by phone. Mr. Williams was satisfied with his discussions with the police during their contacts with him. This is a civil matter between the Williams and the developer of the adjacent property, Land Fair LLC, regarding the legal boundary lines. As part of this development, Valley View Sewer District installed a permitted sewer main which impacted the Williams fence and property. The City will continue to monitor and work with the affected parties as appropriate. • Lighting of tennis courts: Per a previous request at a council meeting, staff has researched the current operations of the lights at Tukwila Park's tennis courts. These are older systems that are no longer functional. The Park Rules and Regulations have been under review and this issue is now being brought into alignment with the current rules that state "public parks are closed from 30 minutes past sunset until 30 minutes before sunrise." There is no current effort or budget to replace these lights. • Interurban Avenue South: Puget Sound Energy power service was interrupted on Thursday afternoon July 24th for about an hour. A private developer and contractor were responsible for the power outage. The City's roadway contractor was not responsible for this outage. The City Contractor is in the process of mobilizing equipment and setting up a field yard on the roadway in front of the Sanft property. Initial clearing and grubbing surveying and drainage staking is ongoing along with utility and property owner coordination. 131 132 Upcoming Meetings & Events August 2014 4th (Monday) 5th (Tuesday) 6th (Wednesday) 7th (Thursday) 8th (Friday) 9th (Saturday) > Civil Service Commission, 5:00 PM (Hazelnut Conference Room) > Utilities Corte, ➢ Finance & Safety Corte, Peanut Butter and Jam Family Entertainment Series FREE family fun! 12:00 Noon (Community Center by the Spray Park) This week: Recess Monkey ➢ Equity & Diversity FREE Summer Outdoor Cinema Series Donation of two cans of food per family member requested to support the Tukwila Food Pantry (Community Center) Seating area opens at 8:00 PM. Movie starts at dusk. Today's movie: Despicable Me 2 (Rated PG) 21st Annual Community Garage Sale August 9 & 10 Look for yellow signs around Tukwila For additional information visit httg: / /mm. tukm aua, >os /vardsale. hi ml Or call 206- 433 -71 78 A map and list of locations will be posted on the above website on August e. Cancelled due to National Night Out nom. C Commission, Cancelled mmissi n, Cancelled ➢ Library Advisory Cancelled ➢ City Council Regular Mtg., 7:00 PM (Council Chambers) Board, Cancelled National Night Out 2014 Take part in your neighborhood event and send the message to criminals that they are not welcome in Tukwila! For additional information, contact Chris Partman at 206 - 431 -2197 Council Chat 10:00 AM to 12:00 NooN Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (13500 Interurban Ave S) Primary Election Day Q 11th (Monday) 12th (Tuesday) 13th (Wednesday) 14th (Thursday) 15th (Friday) 16th (Saturday) ➢ Transportation Corte, 5:15 PM (Foster Conference Room) ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) ➢ Community Affairs & Parks Corte, 5:30 PM (Hazelnut Conference Room ➢Tukwila Boulevard Action Corte, 7:00 PM (Community Center) Peanut Butter and Jam Family Entertainment Series FREE family fun! y 12:00 Noon (Community Center by the Spray Park) This week: Johnny Bregar ➢ COPCAB, 6:30 PM (Duwamish Conference FREE Summer Outdoor Cinema Series Donation of two cans of of food per family member requested to support the Tukwila Food Pantry (Community Center) Seating area opens at 8:00 PM. Movie starts at dusk. Today's Today's movie: The Nut Job (Rated PG) > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman (206- 431 - 2197). > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf Room. Contact Joyce Trantina at 206 - 433 -1868. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf Room. Meeting Cancelled. > Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 -767 -2342. > Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. > Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. > Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room Meeting Cancelled. 133 Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. August 4 See agenda packet cover sheet for this week's agenda (August 4, 2014 Regular Meeting). 11 Special Presentation: 18 Special Presentations: 25 Public Hearings: Introduction of Jerry Hight - Building Official. Introduction of new K9 Team - Mike Boeher and "Doc ". Special Issues: Introduction of Kris Kelly - Parks Supervisor. 2nd Qtr. 2014 Financial Results. Comprehensive Plan elements (ordinances). Special Issues: Comprehensive Plan elements (ordinances). Review of the Comprehensive Plan elements. September 2 (Tuesday) Special Presentation: 8 15 22 Budget Update 2015- 2016. Proclamation: A proclamation for National Recovery Month. 134