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HomeMy WebLinkAboutFS 2015-02-03 COMPLETE AGENDA PACKETCity of Tukwila Finance and Safety Committee O Kathy Hougardy, Chair O Joe Duffie O De'Sean Quinn AGENDA Distribution: K. Hougardy J. Duffie D. Quinn K. Kruller D. Robertson Mayor Haggerton D. Cline P. McCarthy C. O'Flaherty R. Turpin L. Humphrey J. Pace D. Speck R. Bianchi TUESDAY, FEBRUARY 3, 2015 — 5:30 PM HAZELNUT CONFERENCE ROOM (formerly known as CR #3) at east entrance of City Hall Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Approve transfer of funds for allocation of a third a. Forward to 2/9 C.O.W. Pg.1 Code Enforcement Officer. and 2/17 Regular Mtg. Jack Pace, Community Development Director b. An ordinance reflecting changes to Tukwila Municipal b. Forward to 2/9 C.O.W. Pg.5 Code Chapter 2.64 regarding the sale of City property. and 2/17 Regular Mtg. Derek Speck, Economic Development Administrator c. A contract for federal government affairs services. c. Forward to 2/9 C.O.W. Pg.11 Rachel Bianchi, Communications and Government and 2/17 Regular Mtg. Relations Manager 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Wednesday, February 18, 2015 16. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 ( TukwilaCitvClerkCaTukwilaWA .gov) for assistance. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton, David Cline Finance and Safety Committee FROM: Jack Pace, Director of the Department of Community Development (DCD) BY: Jerry E Hight, Building Official DATE: February 3, 2015 SUBJECT: Additional Code Enforcement Officer to support residential neighborhoods and Tukwila International Boulevard ISSUE Should the money in the DCD professional services budget be shifted to salaries to hire one additional Code Enforcement officer to address continual efforts to improve the image and conditions in residential neighborhoods and along Tukwila International Boulevard? BACKGROUND In preparing the 2015/16 Budget, Citizens, Administration and the City Council had expressed a desire to see an increase code enforcement in residential areas, as well as, along Tukwila International Boulevard. The City Council adopted the budget with an increase of $87,000 in Code Enforcement Professional Service as a place holder with the understanding administration would review ways to improve efficient before hiring additional staff. DISCUSSION At the Committee of the Whole meeting on January 27, 2015, Code Enforcement staff presented a summary of what staff had learned and the methods to improve process in all aspects of Code enforcement. As noted in the presentation, LEAN is both a process and a "way of life". The first steps involve understanding how we currently perform our tasks. The analysis phase looks for inefficiencies and devises alternative ways of accomplishing the task in less time without sacrificing quality. The implementation phase allows us to test drive our new process with an eye to continuous improvement and fine tuning. In Mid-May of last year, DCD temporarily added an additional Code Enforcement Officer. This has allowed us to address the backlog of unresolved cases. As shown by the attached chart, the Code Enforcement Team has been able to achieve a dramatic increase in both the number of cases opened and more importantly, the number of cases we have achieved compliance on. There was a 42% increase in cases opened and a 64% increase in cases resolved. As noted in the presentation, in order to ensure that we meet our goals, code enforcement has developed an implementation plan "30, 60, and 90 Day Plan. The 25 years of code enforcement expertise tell us that the time it takes to achieve compliance is about as short as it can be, given the individual variations code enforcement staff are presented with and legal constraints. Lean has shown that implementing the Mayor's and Councils plan for neighborhood improvement with require additional staff and resources. RECOMMENDATION The Council is being asked to consider this item at the Committee of the Whole on February 9, 2015 and the Regular February 17, 2015 meeting, consent agenda. ATTACHMENTS Comparison Three Year Average (2011-2013) and 2014 2 CODE ENFORCEMENT LEAN PRESENTATION January 2015 Comparison Three Year Average (2011-201.3) and 2014 Detailed Comparison OPEN 3yr average and 2014 Case Type 3 Year Average 2014 2014/3 Year 2011-2013 Average Building — No Permit Rubbish/Garbage Parking Issues Lack of Rental License Signage (Illegal no permit) *Misc — Other Overgrowth/Weeds Business License Junk Vehicles Graffiti Total Cases 72 69 30 16 42 52 30 28 11 9 359 76 71 69 59 58 55 20 19 3 508 Detailed Comparison CLOSET) 3vr aver,q; and 2014 2% 10% 137% 331% 40% 12% 83% (2)%) 73% (67%) 42% Case Type 3 Year Average 2014 2014/ 3 Year 2011-2013 Average Building — No Permit Rubbish/Garbage Parking Issues Lack of Rental License Signage (Illegal no permit) *Misc — Other Overgrowth/Weeds Business License Junk Vehicles Graffiti Total Cases 74 52 27 14 38 52 37 27 13 8 342 102 38% 93 79% 75 178% 57 307%. 53 38% 86 65% 55 47% 24 (11%) 16 23% 1 (87%) 562 64% Code Enforcement - LEAN Presentation pg. 10 Top 3 — OPEN 2014 1. Building — No Permit 2. Rubbish/Garbage 3. Parking Issues 11,.111,11111,017,1,...IMIIIM11.1.91 017.11114011,,M11111111,4M0111,111.0,11112.011 /11,' Top 3 — CLOSED 2014 1. Building — No Permit 2. Rubbish/Garbage 3. *Misc. - Other *Roosters, Trees, Wetland Issues, Storm Water Drain Issues, etc. Slide #17 3 4 T[): City of Tukwila Jim Haggerton, Mayor INFORMATIONAL U��U���������U� nn�n���n�n�n��n n*�vn��m�~ n�n�~n�n��nn��n����wnmn Finance and Safety Committee Mayor FROM: Economic Development Administrator DATE: January 28, 2015 SUBJECT: TMC 2.64 Sale of City Property ISSUE The Council is being asked approve changes to the City's procedures for selling City property. BACKGROUND Tukwila Municipal Code Chapter 2.64 summarizes Tukwila's ordinances related to selling City property such as land and buildings. Ordinance 663 was adopted in 1971 and ordinance 1958 was adopted in 2001. Under the code, authorizing the sale of property is the responsibility of the City Council and processing the transaction is the responsibility of the Mayor. The regulations require the City property to be sold 8[t8[ receiving bids. DISCUSSION In connection with the development of Tukwila Village, City staff recently examined our municipal code related to the property sale. TMC Chapter 2.64 generally describes the process for selling City property as if it is a simple sale in which the City has no other interests other than getting the best price. Further, it appears the intent of section TMC 2.64.030 was to allow exceptions to the bid requirements in situations where any, but not all, of the specified criteria is met because to interpret the code otherwise would render the section useless. Occasionally the City may have opportunities to sell property in which the City's interests are better served by negotiating directly with the purchaser of the property rather than selling the property by bids. The competitive bidding process may be too limiting for the City to get the best price for the property or for the City to leverage the property for other community benefits. Following are some examples of this: Tukwila Over fifteen years ago the City began purchasing property for the Tukwila Village development to eliminate blight and revitalize a neighborhood around Tukwila International Boulevard and South 144th Street. During that time the City has attempted to negotiate development agreements with various developers. In 2011 the City issued a request for qualifications for a proposal to develop the property and selected Tukwila Village Development Associates, LLC (TVDA) as the site developer. In 2012 the City executed a disposition and development agreement with TVDA which outlined the City and developer's agreement. For at least ten years the City has discussed including a King County Library System (KCLS) branch library in the development. In 2012 the City and KCLS agreed on basic deal terms. All of these processes have been very public with Council oversight and approval. INFORMATIONAL MEMO Page 2 We have negotiated a purchase and sale agreement for the library parcel with KCLS and we are ready to negotiate a purchase and sale agreement with TVDA. Although we conducted a bid process for the library parcel, we have not yet conducted a bid process for the Tukwila Village site. HOVVeVe[, staff believes that direct negotiations with the purchasers in these instances better serves the City's interests because many of the key terms are discovered through the negotiation process. Further, it may be difficult, if not impossible, to find successful bidders due to the specific, and sometimes complicated terms that will be required for the sale. Thus, staff recommends forgoing the bid process in this instance. Urban Renewal (Motels): In 2013 the City began the process to purchase property on Tukwila International Boulevard to eliminate blight and revitalize the neighborhood. In 2014 the City acquired three motels and we expect to complete the other property purchases and demolition in 2015. Staff believes that selling these vacant lots by bids may not get the best price and would not leverage the most benefits for the City and community. Therefore, staff plans to seek Council approval to conduct a developer selection process in late 2015. That process will serve the public interest better than a strict bidding process. Staff recognizes that it is critical for a sale of City property to achieve the most benefit for the City and recommends revisions to the regulations that will allow the Council to approve alternative processes for receiving offers, selecting the buyer, and negotiating the price and other terms. The proposed revisions are attached. FINANCIAL IMPACT This item has no direct financial impact to the City. BUDGET IMPACT This item has no budget impact to the City. RECOMMENDATION The Council is being asked to repeal ordinances 663 and 1958 and enact a new ordinance setting regulations for the sale of City property. The Council is being asked to consider this item at the February 9, 2015 Committee of the Whole meeting and subsequent February 17, 2015 Regular Meeting. ATTACHMENTS Proposed ordinance 6 R FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 663 AND 1958, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.64, AND REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.64 RELATED TO THE SALE OF CITY PROPERTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council may determine that it is in the City's best interests to sell City property, whether real, personal, or mixed, such as a lot, parcel or portion of such lot or parcel; and WHEREAS, it is the responsibility of the Council to authorize the sale of such property and the responsibility of the Mayor to effect the transaction; and WHEREAS, Chapter 2.64 of the Tukwila Municipal Code currently requires City property to be sold after receiving bids; and WHEREAS, the City Council may determine that in certain situations the City's interests are better served by negotiating directly with a purchaser of the property rather than selling the property by bids; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 2.64 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.64 is hereby reenacted to read as follows: W: Word Processing \Ordinances \Sale of City Property strike -thru 1- 28- 15.doc AMS:bjs Page 1 of 4 7 Sections: 2.64.010 2.64.020 2.64.030 2.64.040 2.64.050 2.64.060 CHAPTER 2.64 SALE OF CITY PROPERTY Authorization — Effecting Transfer of Property Conveyance Minimum Price Set Call for Bids — Exceptions Notice of Intent to Sell Opening Bids — Rejection Receipt of Acceptable Offers or Bids — Preparation of Instruments Section 2. TMC Section 2.64.010 is hereby reenacted to read as follows: 2.64.010 Authorization — Effecting Transfer of Property Conveyance Whenever it shall appear to the Mayor and the City Council that it is for the best interests of the City and the people thereof that any lot, parcel, or portion of such lot or parcels is no longer needed and; the property, whether real, personal, or mixed, belonging to the City, should be sold, it shall be the duty of the Council to authorize a sale of such property acting by and through the Mayor of the City, to cause to be effected the conveyance as necessary to transfer the property, after the same has been appraised, and under the limitations and restrictions and in the manner hereinafter provided. Section 3. TMC Section 2.64.020 is hereby reenacted to read as follows: 2.64.020 Minimum Price Set Subsequent to receipt of an assessment of the value of the property, the Council shall fix a minimum price at which such may be sold. No offer or bid shall be deemed acceptable that does not meet the minimum price fixed by the Council. Section 4. TMC Section 2.64.030 is hereby reenacted to read as follows: 2.64.030 Call for Bids — Exceptions The City Clerk shall cause a call for bids to be published relating to such property, except when: 1. Selling to a governmental agency in the manner provided in the laws of the State of Washington; 2. The value of the property to be sold is less than $5 000.00; and 3. The Council setting forth the facts by resolution has declared an emergency to exist, or 4. The Council has approved an alternative process for receiving offers, selecting the buyer and negotiating the price. W: Word Processing \Ordinances \Sale of City Property strike -thru 1- 28- 15.doc AMS:bjs 8 Page 2 of 4 Section 5. TMC Section 2.64.040 is hereby reenacted to read as follows: 2.64.040 Notice of Intent to Sell The City Clerk shall give notice of the City's intention to make such sale by one publication in the official newspaper of the City; the City Clerk shall also cause notice of the City's intention to make such sales to be posted in the City's on -line Digital Records Center. IBoth posting and the date of publication must be at least five calendar days before the final date for submission of offers or such compctitivc bids. • • Section 6. TMC Section 2.64.050 is hereby reenacted to read as follows: 2.64.050 Opening Bids — Rejection The -bBids shall be opened in public at the time and place stated in such publication. The City Council may reject any and all bids, or the bid for any one or more of the parcels, real or personal, included in the aforesaid call for bids. Section 7. TMC Section 2.64.060 is hereby reenacted to read as follows: 2.64.060 Receipt of Acceptable Offers or Bids — Preparation of Instruments Upon receipt of an acceptable offer or bid relating to the property, the Council shall authorize the Mayor to cause necessary instruments to be prepared, and further authorizes the Mayor to execute such instruments. such property. Section 8. Repealer. Ordinance Nos. 663 and 1958 are hereby repealed. Section 9. 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 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances \Sale of City Property strike -thru 1- 28- 15.doc AMS:bjs Page 3 of 4 9 Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and b a 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 , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Sale of City Property strike -thru 1- 28- 15.doc AMS:bjs 10 Page 4 of 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager DATE: January 30, 2015 SUBJECT: Federal Government Affairs Contract for Services ISSUE The City's federal lobbyists have left Ball Janik to form their own firm, Summit Strategies. Because of this, the City wishes to contract with Summit Strategies for federal government relations services. BACKGROUND On Friday, January 23rd we learned that our main government affairs consultants at Ball Janik, Hal Hiemstra and Michelle Giguere, along with the rest of the government affairs team, are leaving the firm to start their own company, Summit Strategies Government Affairs, LLC. This move is effective February 1, 2015. It appears that Ball Janik, which is primarily a law firm, has undergone some leadership changes and is focusing on growing the firm nationally, specifically around the issue of construction defect litigation. Because of this, the government affairs consultants at Ball Janik decided to leave the firm in order to prioritize their practice. Our consultants characterize this as a "friendly divorce," which has resulted in Ball Janik asking us whether the City would like to move along with Hal and Michelle to the new firm. The only changes they expect are new email addresses. DISCUSSION The draft contract with Summit Strategies mirrors the previous contract with Ball Janik, minus the fee and expenses incurred in January. The draft contract provides for a 2015 -2016 flat monthly rate of $6,375, plus expenses not to exceed $3,240 annually (contract not to exceed $73,365 per year). This reflects the same total amount that was in the 2015/16 Ball Janik contract, minus the fee and expenses billing in January of this year. RECOMMENDATION Staff recommends Committee approval of the attached draft contract to be forwarded to the February 9, 2015, Committee of the Whole and the subsequent Regular meeting on February 17, 2015. ATTACHMENTS Draft 2015 -2016 Contract for Services with Summit Strategies Government Affairs, LLC. 11 12 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Summit Strategies Government Affairs, LLC, hereinafter referred to as "the Contractor," whose principal office is located at 655 15th Street, NW Suite 225, Washington, D.C. 20005. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: . Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $73,365.00 per year at a rate of $6,375 per month and expenses not to exceed $3,240. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing February 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 8 13 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such CA Revised 1 -2013 Page 2 of 8 14 coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in tennination of this Agreement. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, CA Revised 1 -2013 Page 3 of 8 15 veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor, Jim Haggerton ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: By: Printed Name and Title: Address: Office of the City Attorney CA Revised 1 -2013 Page 4 of 8 16 Exhibit A Scope of Work and Specific Service Summit Strategies Government Affairs, LLC 1. Scope of Work: Summit Strategies Government Affairs, LLC will provide federal representation, strategic advice, and lobbying services for the City of Tukwila related to securing federal authorization and funding for key projects identified by the City and /or advising the City about matters associated with implementation of federal statutes, rules or regulations that could adversely affect the City's ability to deliver services to its residents. Summit Strategies Government Affairs, LLC will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City and to take advantage of new programs initiated by the current Administration. Summit Strategies' work on behalf of the City in 2015 will primarily be focused on representing the City's interests on the following initiatives: 1) The implementation of MAP 21 and federal transportation funding and rulemakings associated with same; reauthorization of MAP21 and identification of opportunities to advance key City infrastructure projects; and monitoring of other transportation proposals that will advance the City's interests and provide additional dedicated federal funding for local communities. 2) Closely monitor federal tax proposals and entitlement reforms which will be developed by Congress, keeping City officials informed about policy proposals which could shift safety net expenses from the federal government to local government, and share City responses with the Washington Congressional delegation; and, also providing timely information and assistance related to Congressional action on internet sales tax issues. 3) Monitor federal grant funding opportunities that align with city priorities, informing the City about these opportunities and the deadlines associated with them, and assist the City in applying for those funds; review draft funding requests (such as future TIGER requests) prepared by the City or its consultants and provide timely feedback prior to final submittal of the funding request. 4) Represent the City's interests in terms of the BNSF intermodal rail yard in Tukwila and working with Congressional members, the Surface Transportation Board and other agencies within the Administration, keep them informed about developments that may be adverse to the City's interests; responses to same; and, work with the City and BNSF officials as the alternative access study and other studies on the railyard proceed. 5) Advise the City and represent its interests in terms of possible relocation of the UP rail line in the City of Tukwila, and coordinate Congressional outreach on same. 6) Monitor the implementation of WRRDA and rulemakings and official guidance on the new water infrastructure act, including FEMA, planning and assistance, waterway and levee issues, flood plain issues — particularly as it relates to potential development in Tukwila, CA Revised 1 -2013 Page 5 of 8 17 Green River issues, and anything related to the Howard Hanson dam, flood preparation, and other impacts; advise to the City during the possible 2015 Congressional debate over the next WRRDA authorization. 7) Advise the City about Congressional reauthorization of the FAA Modernization and Reform Act of 2012, particularly concerning policies that might limit commercial or residential development in the north end of Tukwila. 8) Continue work with the City to advance public safety through regional and federal cooperation with multiple law enforcement and partner organizations, particularly related to the LINK station in Tukwila, developments along TIB, new investments in Tukwila Village, and possible new issues that might arise once the new commuter rail station is permanent. 9) Advocate for one annual appropriation request should Congress lift its current moratorium on earmarking. Summit Strategies' work will primarily be focused on the interests outlined above, but in terms of overall federal policy, Summit Strategies will continue to generally monitor legislation being considered by Congress and will inform City officials about legislative proposals that will either advance or hinder Tukwila's efforts to achieve its primary goals and priorities. Included within this general monitoring will be possible Congressional action governing telecommunications and local control over franchising, environmental, energy conservation, affordable housing, emergency responders, water policy bills, and general authorizations that would affect the work of the U.S. Army Corps of Engineers, the Environmental Protection Agency, FEMA or the U.S. Department of Homeland Security. In terms of policy issues associated with MAP 21 implementation, rules and regulations implementing policy changes that were included in the new law are now being developed and finalized by USDOT. As such, Summit Strategies will continue to monitor proposed USDOT guidance and rulemakings associated with the implementation of MAP 21 and keep City officials informed about proposals which will affect the City's ability to advance or fund its overall transportation priorities. In addition, the recent extension of MAP 21 to May of 2015, discussions about the content and shape of the next transportation authorization bill are likely to begin in early January, 2015; Summit Strategies will monitor those discussions, keep City officials informed about their content, and when appropriate, advocate with members of the Washington Congressional delegation for policy positions which will benefit the City. In terms of implementation of, and guidance on, the new WRRDA Act, Summit Strategies will represent the City's interest to assist the City in ensuring flood plain, levee certification, Green - Duwamish restoration efforts, and other matters are covered by the City in working with its Congressional delegation and federal agencies. On matters of appropriations and federal funding, Summit Strategies will continue to monitor the current Congressional moratorium on earmarked funding, and be prepared to advance one priority funding request of the City should the current moratorium be lifted in the next Congress. Summit Strategies would be prepared to advance whichever priority project is identified by the City. CA Revised 1 -2013 Page 6 of 8 18 Projects and priorities can be re- evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Summit Strategies will meet with City officials as requested by the City and Ms. Bianchi. 2. Specific Services: Summit Strategies will be responsible, at a minimum for the following: • Inform the City of key timelines for proposed actions • Identify federal rule, policies, and laws that support the City's goals Identify key officials and contacts that the City needs to meet with and the best time to make such contacts • Brief all appropriate congressional and federal officials about Tukwila's priorities identified in the above Scope of Work • Advise City of key dates in the congressional and administrative calendar that impact its goals • • Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation If appropriate (as a result of a lifting of the current earmark moratorium), prepare project funding requests, and review briefing materials prepared by the City When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark -ups and House /Senate conferences on legislation • Attend and report on Congressional hearings of import Advise City of new regulations, programs, or proposed legislation that relate to those areas of focus outlined in the above Scope of Work Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization of legislation, and the annual appropriations bills Continue to work with and advise the City about strategies associated with the BNSF intermodal rail yard and federal policies affecting its operation Obtain appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefing materials for City officials for their meetings with Congressional officials CA Revised 1 -2013 Page 7 of 8 19 Exhibit B Terms of Payment Summit Strategies will invoice the City for the work completed at the rate of $6,375 per month, plus expenses (not to exceed $3,500 annually). Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format and all travel expenses will be pre- authorized by the City. CA Revised 1 -2013 Page 8 of 8 20