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Home My WebLink AboutREG 2016-10-17 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ REGULAR MEETING ❖ Allan Ekberg, Mayor Counci /members: • :- Dennis Robertson • :- Verna Seal David Cline, City Administrator Kathy Hougardy • :- De'Sean Quinn Joe Duffie, Council President Kate Kruller • :- Thomas McLeod Monday, October 17, 2016; 7:00 PM • Ord #2510 • Res #1893 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. PROCLAMATIONS a. A proclamation recognizing October 17 -21, 2016, as "DiscoverU Pg.1 Week." b. A proclamation recognizing the "Great Washington ShakeOut." Pg.3 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. CONSENT a. Approval of Minutes: 10/3/16 (Regular) AGENDA b. Approval of Vouchers c. A resolution ordering the cancellation of past -due accounts receivables Pg.5 and returned check write -offs. [Reviewed and forwarded to Consent by the Finance and Safety Committee on 1014116.] d. A resolution adopting a consolidated permit fee schedule. Pg.15 [Reviewed and forwarded to Consent by the Committee of the Whole on 10 110 116.] e. A resolution adopting a residential rental business license and Pg.29 inspection program fee schedule. [Reviewed and forwarded to Consent by the Committee of the Whole on 10 110 116.] f. Authorize the Mayor to sign an Interlocal Agreement with the South Pg.33 King County Fire Training Consortium. [Reviewed and forwarded to Consent by the Committee of the Whole on 10 110 116.] g. Authorize the Mayor to sign an Interlocal Agreement with City of Pg.57 Seattle for Hearing Examiner services. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 10 /10 /16.] h. Authorize the Mayor to sign a contract with 4Leaf, Inc., for building Pg.67 inspection services in an amount not to exceed $200,000. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 10 110 116.] i. Authorize the Mayor to sign a contract with Reid Middleton for Pg.81 structural plan review in an amount not to exceed $200,000. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 10 110 116.] (continued...) REGULAR MEETING Monday, October 17, 2016 Page 2 5. UNFINISHED a. Authorize a new process for approval of lodging tax funding requests Pg.95 BUSINESS beginning in 2017, consistent with City Council procedures and the State Attorney General's Informal Opinion. (Perpage 3 of the attached Informational Memorandum; full text of the 7 bulleted items will appear in the City Council meeting minutes.) b. Technology and Innovation Services Department budget amendment Pg.107 and contracts: (1) Authorize approval of the amount of $170,240 for use by the Pg.109 Technology and Innovation Services Department to be included as part of the year -end 2016 budget amendment. (2) Authorize approval of a contract with Freshdesk, Inc., for Pg.111 Help Desk and IT Service Management software in the amount of $9,240. (3) Authorize the Mayor to sign a contract with Indigo Slate, Inc., for Pg.113 Persona - driven IT Service Management in the amount of $88,000. (4) Authorize the Mayor to sign a contract with Vitalyst, LLC, for Pg.119 Help Desk Support in the amount of $73,000. 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report Pg.139 d. City Attorney e. Intergovernmental S. MISCELLANEOUS 9. EXECUTIVE SESSION — Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) — 60 minutes QPiease bring your Collective Bargaining notebooks. 10. ADJOURNMENT Tukwila City Hall is ADA 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 agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped (available at www.tukwilawa.00v) 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 5 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. CITIZEN COMMENTS At each Council meeting, citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes. SPECIAL MEETINGS /EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. 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: 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 that 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 MEETING SCHEDULE 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. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. WHEREAS, the City of Tukwila has a vibrant, innovative economy with a great diversity of interesting career opportunities; and WHEREAS, the City of Tukwila has a keen interest in supporting all of its high school students to graduate from high school ready for postsecondary success; and WHEREAS, K -12 students benefit greatly if they can readily see the connections between what they are learning and real -world applications; and WHEREAS, K -12 students are interested in learning about the abundant career opportunities in the City of Tukwila and South King County region and understanding the education pathways that prepare them for different opportunities; and WHEREAS, the City of Tukwila stands with the Mayors of South King County and Seattle as an active partner in DiscoverU's sponsor, the Road Map Project, which aims to double the number of students in the region who are on track to earn a college degree or credential by 2020 and to close opportunity gaps; NOW, THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim October 17th - October 21St, 2016 to be DiscoverU Week and encourages students of all ages to explore their career interests and college options. Presented this 17th day of Octol= WHEREAS, the City of Tukwila recognizes that no community is immune from natural hazards and recognizes the importance of enhancing its ability to withstand natural hazards and reduce the human suffering, property damage, interruption of public services and economic losses caused by those hazards; and WHEREAS, major earthquakes pose a particular, significant and ongoing threat to the entire region; and WHEREAS, the City of Tukwila has a desire to promote earthquake preparedness internally as well as with the public and plan appropriately for earthquake - related disasters; and WHEREAS, the protection of Tukwila employees will allow them to facilitate the continuity of government and assist the public following a major earthquake event; and WHEREAS, community resiliency to earthquakes and other disasters depends on the preparedness levels of all stakeholders in the community — individuals, families, schools, community organizations, faith -based organizations, non - profits, businesses and government; and WHEREAS, by taking preparedness steps now, we recognize and acknowledge the importance of preparing our city for the purposes of building a safer community and reducing the loss of lives and property from a major earthquake. NOW, THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim The Great Washington Shake Out on October 20, 2016 and encourage residents, schools, businesses and community stakeholders to register at www shakeout.org4ashington and participate in the ShakeOut "Drop Cover and Hold On" earthquake drill at 10:20 a.m. that day. Presented this 17 th day of Octot El COUNCIL AGENDA S YNopsis ---------------------------- - - - - -- Initials M6,etl . ng.Dale Prepared by Mayor's re eiv va[ cil review 10/17/16 LA " *, Mel a LTI F-,' I I M ' 4.C. 5 I STAFF SPONSOR: PEGGY MCCARTHY 1 10/17/16 A(,,, FINDA I'n �.m Tt'n,i Resolution Ordering the Cancellation of Past Due Accounts Receivable CA,n,,(-,oRY F-1 Discwssion ,Al(g Dale [:] Motion Altg Date E Resolution Alt ,g Date 10117116 F-1 Ordinance Altg Date ❑ BidAxard MtS Date [:].Pub& Ffeafing Mtg Date [--] Other Altg Date SPONSOR ❑ Council ❑ Mayor E].1JR ❑ DCD E.Einantv E] Fire [:] TS ❑ P&R ❑ Police ❑ PW SPONSOR'S There are certain accounts receivable and returned checks that have been deemed SUMMARY uncollectible and need to be removed from the Accounts Receivable ledger. The Council is being asked to consider and approve the resolution ordering the cancellation. Ri-,.V1F1WJ,'D BY ❑ cow Mtg. ❑ CA&P Cmte E F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. [:] Planning Comm. DATE: 10/4/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: S110N,S0R/Ai)m1N• Finance Department COMM 'T"' "F" Unanimous Approval; Forward to Consent Agenda 10/17/16 Meeting COST IMPACT / FUND SOURCE Ex1+'1ND1'1'LJRi-,, Ri,,(,)uiRj3i) AMOUN,j, BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- �MTG.DATE RECORD OF COUNCIL ACTION 10/17/16 MTG. DATE ATTACHMENTS 10/17/16 Informational Memorandum dated September 28, 2016 Resolution in draft form with Attachment A Minutes from Finance and Safety Committee meeting of 10/4/16 5 N City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Safety Committee FROM: Peggy McCarthy, Finance Director BY: Laurie Anderson, Fiscal Specialist CC: Mayor Ekberg DATE: September 28, 2016 SUBJECT: Cancellation of Accounts Receivable ISSUE Each year a resolution comes before the Council for the cancellation of uncollectible accounts receivable. For 2016, these items include: False Alarms equaling $411.07, Miscellaneous Billings equaling $46,724.68 and Returned Checks equaling $544.71 in the total amount of $47,680.46. BACKGROUND The process for tracking accounts receivable is quite thorough. The steps below are followed prior to preparation of the attached write-off resolution. • Invoice is sent to recipient by the Finance Department payable in 30 days. • If payment is not received within 30 days, the receivable is forwarded to our collection agency, Armada Corp., and placed into pre-collect status. • At this time, Armada sends a Delinquency Notice to debtor notifying them of the past-due status of the receivable and asks them to contact the City to make payment. Payments can still be made directly to the City while in pre-collect status. • Once 30 days have passed in pre-collect status, the receivable then rolls over to active collections. At the onset of active collections, a letter is sent to the debtor notifying them of the status change and advising that all payments must now be made through the collection agency. • While in active collections, debtor is contacted both by phone and letter. A search is made for assets with which the debt could be satisfied. Once the debt has been in active collections for 45 days, it is then reported to the national credit bureaus. • The last process in the collections cycle is the pursuit of legal action. This includes attaching checking accounts, garnishments and lawsuits. • The City will not issue or renew a business license until all outstanding debt owed to the City is paid. • It should be noted that while a debt may be written off of our books; it is still active in Armada's collection process. VA INFORMATIONAL MEMO Page 2 DISCUSSION The proposed amount of the 2016 cancellation of Accounts Receivable of $47,680.46 is higher than last year's total of $27,887.91. This is attributable to the following factors: • There are two write -offs totaling $26,760.03 resulting from Hit and Run incidents where the responsible party is unknown. These make up 56% of the write -offs for this year. These damages are not covered by Washington Cities Insurance Authority. • There are three additional write -offs for damages to City property that total $11,399.93. These also were not covered by Washington Cities Insurance Authority as none met our $5,000.00 deductible threshold. The responsible parties had no insurance, were DUI or Driving While License Suspended. These write -offs comprise 23.9% of this year's write - offs. The last write -off of note is for $7,678.36. It involves an auto accident resulting in the City needing to repair a signal head and install a new jersey barrier. Our charges are currently being disputed by Geico Insurance, the driver's insurance company. While we may still see payment of this debt, in order to not overstate our Accounts Receivable on the balance sheet, we have chosen to include this receivable with this year's write -offs. This receivable is 16.1 % of this year's write -offs. • In all, 96% of our write -offs are from the above -noted items. FINANCIAL IMPACT The financial impact of cancelling $47,680.46 will be to reduce our accounts receivable balance by this amount in keeping with Generally Accepted Accounting Principles (GAAP) for the writing off of bad debt. Again note that while we are writing off the accounts receivable for accounting purposes, the accounts are still being actively worked for collection purposes with the exception of those accounts where a responsible party cannot be identified. Accounts covered by bankruptcy law cannot be pursued. RECOMMENDATION The Council is being asked to approve the annual resolution authorizing the cancellation of Accounts Receivable and to forward this item to the Consent Agenda of the October 17, 2016 Regular Meeting. ATTACHMENTS Draft Resolution with Attachment A. WA2016 Info MemoslAR Write -off Info Memo.doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. WHEREAS, certain receivables and checks have been deemed uncollectible after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Miscellaneous Accounts Receivable and Returned Checks. The total of $47,680.46 (per Attachment A) is deemed uncollectible. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Joe Duffie, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A — Past -Due Accounts Receivable and Returned Check Write -offs as of August 31, 2016 W: \Word Processing \Resolutions \Past Due Accts Recv & Write -offs 9 -22 -16 LA: bjs Page 1 of 1 W Attachment A- Past Due Accounts Receivable and Returned Check Write -offs as of 8/31 /2016 False Alarms Date Custome Fund # Invoice /Ck # Amount 12/06/13 ';CADS -Sun Y Kim 000 PF- 02363 $ 25.00 12/31/13 ' Mailiku Habtegiorgis 000 PF -02398 $ 11.07 Police False Alarm 11/03/14 Homeland Security 000 PF -02612 $ 150.00, Police False Alarm 11/03/14 jHomeland Security 000 PF- 02613 $ 200.00 Police False Alarm 12/06/13 iPipeline Industries 000 PF -02386 j $ 25.00 = Police False Alarm Total False Alarms $ 411.07 For Police False Alarm Notes To collections 04/24/14-no assets or income To collections 4/23/14- balance after pymt from collection agency To collections 03/18/15- will not respond to collections To collections 03/18/15- will not respond to collections To collections 4/24/14- business closed 3/30/15 iscellaneous Billings Date Customer Fund # Invoice /Ck # Amount 05/30/14 lAirpro Equipment Inc. 000 RF -01120 $ 60.00 05/01/13 Amara Pointe Apartments -GWP 000 RF -00991 „ $ 60.00 06/21/13 Amara Pointe Apartments -GWP 000 RF- 01005 $ 85.00 07/08/13 Amara Pointe Apartments -GWP 000 RF- 01009 $ 110.00 07/31/13 Amara Pointe Apartments -GWP 000 RF- 01023 $ 135.00 01/17/14 'Arden B 000 RF- 01069 $ 26.36 For Fire Re- Inspection Fee 12/31/13 Aaron Clark 000 MB -01445 $ 2,696.35 03/14/13 Courtyard at South Station Apts 000 RF -00942 $ 60.00 05/30/14 ;Courtyard at South Station Apts 000 RF- 01126 ' $ 60.00 07/22/14 j Courtyard at South Station Apts 000 RF -01162 '; $ 85.00 12/17/13 - Emporio 000 RF -01050 L$ 60.00 12/31/13 Raage Farah /Geico Insurance 000 MB- 01439 , $ 7,678.36 12/30/15 ! Info Only -Hit and Run 000 MB- 02074 $ 18 573.22 12/30/15 'Info Only -Hit and Run 000 07/10/14 ,Yuanshan Jiang 401 01/17/14 I Mad Pizza 000 08/12/14 Muna Mini Mart 000 02/19/14 Sunrise Suite Apartments 000 08/18/14 Christopher Tjarneberg 000 Total Misc. Billings MB -02075 $ 8,186.81 UM -00037 $ 4,301.24 RF -01074 RF -01182 RF-01099 $ MB- 01596 ^; $ $ Date ; Customer 8/18/14 Sabreah Mason 8/28/14 ,Sabreah Mason 6/26/15 !Jhinea Martinez 7/24/15 Jason Robbins Total Returned Checks Fund # Invoice /Ck # 000 1121 $ 000 1123 $ 000 1105 $ 411 1113 $ Write -off Grand Total Fire Re- Inspection Fee Fire Re- Inspection Fee Fire Re- Inspection Fee Fire Re- Inspection Fee Fire Re- Inspection Fee Replace streetlight pole Fire Re- Inspection Fee Fire Re- Inspection Fee .._Fire Re- Inspection Fee Re Inspection Fee Repair signal head, new jersey barrier Replace streetlight pole and cabinet Replace guardrail Replace fire hydrant Fire Re- Inspection Fee Fire Re- Inspection Fee Fire Re- Inspection Fee Replace complete light pole assembly Notes To collections 9/15/14-business closed 3/12/15 To collections 11/25/13 ,To collections 11/25/13 To collections 11/25/13 To collections 11/25/13-closed under this owner 5/24/12 Balance after payment from collection agency To collections 4/24/14- DUI and no insurance To collections 6/6/13 To collections 9/22/14 To collections 11/20/14 To collections 4/24/14- business closed 6/30/14 In dispute with Geico Insurance Hit and run- party who caused damage is unknown Hit and run- party who caused damage is unknown To collections 10/14/14- no insurance 25.00 To collections 4/24/14- business closed 2/25/15 -bal after collections 60.00 To collections 11/20/14 but business had changed hands by then 60.00 , To collections 4/24/14 4,402.34 ! jTo collections 12/22/14 -no insurance & driving while lic suspended 46, 724.68 Returned Checks Amount For 200.00 Summer Camp -TCC 200.00 Summer Camp -TCC 90.00 '', Summer Camp -TCC 54.71 Greens Fees & Putter 544.71 Notes To collections 10/20/14 To collections 10/20/14 To collections 08/14/15 To collections 9/4/15 $ 47, 680.46 Write -offs 08.31.16- Attachment A.xlsx 9/28/2016 12 FINANCE AND SAFETY COMMITTEE Meeting Minutes City Council Finance and Safety Committee October 4, 2016 - 5:30 p. m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Mike Villa, Marty Grisham, Brandon Miles, Gail Labanara, Peggy McCarthy, Vicky Carlsen, Jake Berry, Derek Speck, Laurel Humphrey Guest: Jerry Thornton, Community Police Advisory Board member CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. Interlocal Agreement: South King County Fire Training Consortium Staff is seeking Council approval of an interlocal agreement to continue participation in the South King County Fire Training Consortium in the amount of $52,108.00 for a term from January 1, 2017 through December 31, 2019. Participation in the Consortium has continued to be beneficial to the Fire Department and to the City. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 10, 2016 COMMITTEE OF THE WHOLE. B. Resolution: Orderine the Cancellation of Past Due Accounts Receivable Staff is seeking Council approval of the annual resolution that would declare the cancellation of uncollectible accounts receivable. The total for this year includes false alarm fees equaling $411.07, miscellaneous billings equaling $46,724.68 and NSF checks equaling $544.71 for a total of $47,680.46. Councilmember Robertson asked for additional detail regarding the fire re- inspection fees at Amara Pointe Apartments back in 2013. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. C. Lodging Tax Approval Process Staff is seeking Council approval of a proposed process for approval of lodging tax applications. The City collects a 1% excise tax on overnight lodging stays which can be spent on tourism promotion if approved by the Lodging Tax Advisory Committee (LTAC) and the City Council. The Washington State Attorney General recently issued an informal opinion that municipalities could change the dollar amounts recommended by the lodging tax advisory committee if the advisory committee is given 45 days' notice before the City Council takes final action. This differs from past interpretation of state law and Tukwila's practice in which the Council only approved or denied recommendations from LTAC. 13 14 COUNCIL AGENDA SYNOPSIS Meefili ,g Dale Pre bv M r. I s - ew repL Q 10/10/16 NG Z Resolulim Altg Dale 10117116 ❑ Ordinance A/Itg Dale 10/17/16 NG I Aj SPONSOR ❑ Council ❑ Mayor [:].HR Z DCD ❑ Finance [:] F'ire [:] TS ❑ P&- R ❑ Police ❑ PWI SPONSOR'S The revised development review fee schedule reflects annual increases in the costs of SUMMARY providing permit review services. A reduced fee is proposed for temporary sign permits. A convenience fee is proposed to cover the cost of credit card processing. Ri;1V11:,',W1,1'D BY ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. [:] Planning Comm. DATE: 9/26/16 COMNIFFFEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm"I"'I'll", Unanimous Approval; Forward to Committee of the Whole & Consent COST IMPACT / FUND SOURCE L) Amo[,JN,i, BUDGETED APPROPRIATION REQUIRED Fund Source: Convnent,s.- MTG. DATE RECORD OF COUNCIL ACTION 10/10/16 VAT8,00 nv 15 STAFF SPONSOR: NoRA GIERLOFF I 0Rl(',INAi,.A(,,]?NI)ADA'1'1?: 10/10/16 AGENDA ITj,MTula. Updating the Development Fee Schedule for 2017 and 2018 CATEGORY Z Discussion Mt ,g Dale 10110116 ❑ Motion Ali ,g Date Z Resolulim Altg Dale 10117116 ❑ Ordinance A/Itg Dale [:],BidA2va)-d Aftg Dale F-1 J--'ub&1-1eatin,,g M(g bate ❑ Other Mi Dale SPONSOR ❑ Council ❑ Mayor [:].HR Z DCD ❑ Finance [:] F'ire [:] TS ❑ P&- R ❑ Police ❑ PWI SPONSOR'S The revised development review fee schedule reflects annual increases in the costs of SUMMARY providing permit review services. A reduced fee is proposed for temporary sign permits. A convenience fee is proposed to cover the cost of credit card processing. Ri;1V11:,',W1,1'D BY ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. [:] Planning Comm. DATE: 9/26/16 COMNIFFFEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm"I"'I'll", Unanimous Approval; Forward to Committee of the Whole & Consent COST IMPACT / FUND SOURCE L) Amo[,JN,i, BUDGETED APPROPRIATION REQUIRED Fund Source: Convnent,s.- MTG. DATE RECORD OF COUNCIL ACTION 10/10/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 10/10/16 Informational Memorandum dated 9/19/16 Resolution in Draft Form (Resolution updated after CAP, shown in shaded text) Minutes from the Community Affairs and Parks Committee meeting of 9/26/16 10/17/16 Resolution in final form 15 16 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1867, AND ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE. WHEREAS, the City Council adopted Resolution No. 1867 in 2015, establishing the City's current consolidated construction fee schedule; and WHEREAS, the City intends to update permit fees on an annual basis, with any increases tied to growth in City expenses for providing permit services; and WHEREAS, the City Council wishes to recover a portion of the City's costs for review and processing of permit applications; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, the City's primary cost for permit processing is employee salaries and benefits; and WHEREAS, the Seattle Consumer Price Index (CPI-W) was 2% for the June 2015- 2016 period; and WHEREAS, the cost for employee benefits has risen by an even larger percentage; and WHEREAS, increasing the flat fee for permits by 2% will enable revenues to track with City costs; and WHEREAS, as more permit applicants are paying by credit card, the surcharge on these transactions has become a significant budget impact; and WHEREAS, the City intends to pass this convenience fee through to. the permit applicants; and WHEREAS, the City will evaluate its surcharge procedures after a one year trial period; WAWord Processing\Resolutions\Consolidated permit fee schedule 2017-2018 10-11-16 Page 1 of 11 N"i's' 17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1867 is hereby repealed, effective January 1, 2017. Section 2. For 2017 and 2018, the Technology Fee shall be set at 5% of the applicable permit fee. Section 3. Public Works fees will be charged according to the following schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION FEE Type A (Short-Term Non-profit) $ 50.00 +Technology Fee Type B (Short-Term Profit) $100.00 + Technology Fee Type C — $250.00 application base fee, Technology Fee, plus (infrastructure and Grading on Private Property four components based on construction value: and City Right-of-Way and Disturbance of City 1) Plan Review Right-of-Way) 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review See Public Works Bulletin Al for fee schedule. Type D (Long-Term) $100.00 + Technology Fee Type E (Potential Disturbance of $100.00 + Technology Fee City Right-of-Way) $250.00 processing fee, plus $5,000.00 cash deposit,— Type F (Blanket Permits) withdraw $100.00 per instance for inspection Franchise — Telecommunications $5,000.00 administrative fee Franchise — Cable $5,000.00 plus 5% of total revenue Street Vacation $1,200.00 $500.00 processing fee, plus 17% administrative fee, Latecomer's Agreements plus $500.00 segregation fee Flood Zone Control Permit $50.00 + Technology Fee WAWord Processing\Resolutions\Consolidated permit fee schedule 2017-2018 10-11-16 Page 2 of 11 18 NG:bjs Section 4. Land use permit and processing fees will be charged according to the following schedule: LAND USE FEE SCHEDULE All peer review fees will be passed through to the applicant per TIVIC Section 18.50.200. Decision Type 2017 Fee $614 2018 Fee $626 Plus Hearing Examiner Fees Plus Technology Fee (TF) Type 1, 2 and 4 Decisions SEPA MDNS Appeal $614 $626 Appeal of Sign Code Decision $614 $626 Impact Fee Appeals: Fire $614 $626 Parks $614 $626 Transportation $614 $626 Permanent $253 $258 + TF Temporary $40 $41 + TF Pole/Banner Initial Application $253 $258 + T Special Event $110 $112 + TF Pole/Banner Annual Renewal $55 $56 + TF New Billboard $614 $626 + TF Master Sign Program—Admin $2,260 $2,306 + TF Master Sign Program—BAR 1 $3,620 1. $3,692 1 + TF W:\Word Processing\Resolutions\Consolidated permit fee schedule 2017-2018 10-11-16 Page 3 of 11 NG:bjs 19 W: \Word Processing \Resolutions \Consolidated permit fee schedule 2017 -2018 10 -11 -16 NG:bjs Page 4 of 11 20 Plus 2017 2018 Hearing Plus Decision Type Fee Fee Examiner Technology Fees Fee (TF) Tk� Zane 01', o � 1 �, Z / WIN MMN n . Modification to TUC Corridor Standards $614 $626 + TF (TMC Section 18.28.130. C) Modification to TUC Open Space Regulations $614 $626 + TF (TMC Section 18.28.250 D. 4. d Transit Reduction to Parking Requirements $614 $626 + TF (TMC Section 18.28.260. B 5 b Design Rev>eul�l(TMCjSect ►ran 1 "if730)pY �T 1. d F ',,N, $2,327 $2,373 + TF Administrative Public Hearing $4,168 $4,251 + TF Major Modification $1,425 $1,453 + TF Minor Modification $648 $661 + TF +�9 ��r�a� �.prscrral! Pernitssior�TS 'Wj ,Park /ri�.�l tamed Administrative Parking Variance $614 $626 + TF (Type 2 —TMC Section 18.56.140) Parking Variance $1,008 $1,028 + HE + TF (Tye 3 —TMC Section 18.56.140) Parking Standard for use not specified $603 $615 + TF (TMC 18.28.250 D.4. d.1 and TMC 18.56.100) Residential Parking Reduction $614 $626 + TF TMC Section 18.56.065) Shared, covenant, Complementary Parking $614 $626 + TF Reduction (TMC Section 18.56.070) Parking Lot Restriping $614 $626 + TF (TMC Section 18 56 120) Uaria�ces� 5pec�t�Perm�ss�ons ar�d Site Plan Rei►aew f . x. ,z....r r,.c.c. ,, Variances $2,940 $2,998 + HE + TF (TMC Section 18.72) Environmentally Sensitive Areas Deviation, $1,556 $1,587 + TF Buffer Reduction (TMC Chapter 18.45) Reduced fee for LDR homeowners, no $614 $626 associated short plat Reasonable Use Exception $3,111 $3,173 + HE + TF (TMC Section 18.45.180) Exception from Single Family Design Standard $614 $626 + TF (TMC Section 18.50.050) Special Permission Cargo Container $614 $626 + TF (TMC Section 18.50.060) Landscape Perimeter Averaging $614 $626 + TF (TMC Section 18.52.060) Tree and Landscape Modification Permit and $109 $111 + TF Exceptions (TMC Chapter 18.54) W: \Word Processing \Resolutions \Consolidated permit fee schedule 2017 -2018 10 -11 -16 NG:bjs Page 4 of 11 20 Decision Type 2017 Fee 2018 Fee Plus Hearing Examiner Fees Plus Technology Fee (TF) /s 3 a^�.�� - %3 d �/ I "�' Z ✓ , � � z �.. Ci�Crea�it :�s�nd{"ronse►��da#[on �, ,� � ?,, ,'�; �.{�Y xk F.<, is /v�.M/,2'.. ,�`. z'Q. Sr;.�i,✓51/3.i%L .v`..1, Boundary Line Adjustment (TMC Chapter 17.08) s. � � , '� , - ,,,..,., $1,744 r ?S t � "��5:r $1,779 .� 3 '�11 „' . � �, � '.t + TF Lot Consolidation (TMC Chapter 17.08 $648 $661 + TF Short Plat (2-4 lots) (TMC Chapter 17.12) $3,971 $4,050 + TF Short Plat (5 -9 lots) (TMC Chapter 17.12) $4,520 $4,610 + TF Subdivision: Preliminary Plat (10+ lots) (TMC Section 17.14.020) $5,187 $5,290 + HE + TF Final Plat (10+ lots) (TMC Section 17.12.030) $3,111 $3,173 + TF Binding Site Improvement Plan (TMC Chapter 17.16 $3,971 $4,050 + TF Planned Residential Development: Administrative (TMC Section 18.46. 110) $2,260 $2,306 + TF Public Hearing (TMC Section 18.46.110) $5,187 $5,290 + TF Minor Modification (TMC Section 18.46.130) $614 $626 + TF Major Modification (TMC Section 18.46.130) $2,522 $2,573 + TF reles Communication Facility (TMC✓Chapter 18 Minor (Type 1) 58 00 $614 $626 Q $ 1 y + TF Administrative (Type 2) $1,744 $1,779 + TF Major or Height Waiver (Type 3) �l1C�nYlfbn3Tlentli �r � Checklist $3,487 cr $1,778 $3,557 $1,813 + HE � + TF +TF SEPA EIS $3,111 $3,173 + TF SEPA Planned Action $614 $626 + TF SEPA Addendum $614 $626 + TF SEPA Exemption Letter $362 $369 + TF Sensitive Area Master Plan Overlay (TMC 18.45.160) $5,187 $5,290 + TF W: \Word Processing \Resolutions \Consolidated permit fee schedule 2017 -2018 10 -11 -16 Page 5 of 11 NG:bjs 21 Plus 2017 2018 Hearing Plus | Decision Type | Fee | Fee | Examiner | Technology | Fees Fee (TF) Substantial Development Permit: (TMC Chapter 18.44) Permit Exemption Letter, Shoreline $253 $258 + TF Shoreline Permit Revision $636 $649 + TF Conditional Use Permit, Shoreline $4,036 $4,117 + HE + TF Shoreline Tree Permit (TMC Chapter 18.44) $109 $111 + TF Shoreline Environment Redesignation Permit Exemption Letter, Shoreline $253 $258 + TF Shoreline Permit Revision $636 $649 + TF Conditional Use Permit, Shoreline $4,036 $4,117 + HE + TF Shoreline Tree Permit (TMC Chapter 18.44) $109 $111 + TF Shoreline Environment Redesignation $3,111 $3,173t Conditional Use Permit $4,036 $4,117 +HE + TF (TMC Section 18.64.020) Unclassified Use Permit $5,187 $5,290 + TF TSO Special Permission Use $1,008 $1,028 + HE + TF Comprehensive Plan Amen Iment $4,149 $4,232 + TF Zoning Code Text Amendment $4,716 $4,811 + TF Development Agreement $2,075 $2,116 + TF Code Interpretation (TMC Section 18.90-010) $362 $369 + TF Zoning Verification Letter $362 $369 + TF Legal Lot Verification $581 $593 + TF Mailing Fee to Generate Labels, per project $47 $486 Public Notice Mailing Fee per address for each $1 $1 vVAwnrd permit fee schedule oo1/-2oo1V11-1n Page 6 of 11 Section 5. Building permit fees will be charged according to the following schedule: BUILDING PERMIT FEE SCHEDULE Total Valuation Building Permit Fees $1 to $500 $66.30 + Technology Fee $501 to $2,000 $66.30 for the first $500, plus $4.39 for each additional $100, or fraction thereof, to and including $2,000, + Technology Fee $2,001 to $25,000 $132.09 for the first $2,000, plus $19.99 for each additional $1,000, or fraction thereof, to and including $25,000, + Technology Fee $25,001 to $50,000 $612.41 for the first $25,000, plus $15.61 for each additional $1,000, or fraction thereof, to and including $50,000, + Technology Fee $50,001 to $100,000 $1,002.92 for the first $50,000, plus $10.81 for each additional $1,000, or fraction thereof, to and including $100,000, + Technology Fee $100,001 to $500,000 $1,541.83 for the first $100,000, plus $8.67 for each additional $1,000, or fraction thereof, to and including $500,000, + Technology Fee $500,001 to $1,000,000 $5,004.43 for the first $500,000, plus $7.14 for each additional $1,000, or fraction thereof, to and including $1,000,000, + Technology Fee $1,000,001 to $5,000,000 $8,612.12 for the first $1,000,000, plus $4.79 for each additional $1,000, or fraction thereof, to and including $5,000,000, + Technology Fee $5,000,001 and up $27,788.12 for the first $5,000.000, plus $4.59 for each $1,000 or fraction thereof, + Technology Fee A. Non-Structural Plan Review Fee. A non-structural plan review fee shall be paid at the time of submitting plans and specifications for review. The non-structural plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee schedule. The non-structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. B. Structural Plan Review Fee. Where a structural plan review is deemed necessary, a structural plan review fee shall be charged. The structural plan review fee shall be 35% of the calculated non-structural plan review fee. WAWord P rocessi ng\Reso I utions\Co n solid ated permit fee schedule 2017-2018 10-11-16 Page 7 of 11 NG:bjs 23 Section 6. Mechanical permit fees will be charged according to the following schedule: MECHANICAL PERMIT FEE SCHEDULE Valuation of $33.15 + Technology Fee Work (Total Mechanical Permit Fee Contract Amount For each additional fixture $14.28 + Technology Fee $33.15 for issuance of each permit (base fee) + Technology Fee $250 or less $66.30 + Technology Fee $251 to $500 $66.30 for first $250, plus $7.99 for each $100 or fraction thereof, to $14.28 + Technology Fee and including $500, + Technology Fee $501 to $1,000 $86.29 for the first $500, plus $8.87 for each $100 or fraction thereof, to $29.68 + Technology Fee and including $1,000, +Technology Fee $1,001 to $5,000 $130.66 for the first $1,000, plus $9.84 for each $1,000 or fraction $14.28 + Technology Fee thereof, to and including $5,000, + Technology Fee $5,001 to $50,000 $170.03 for the first $5,000, plus $10.25 for each $1,000 or fraction thereof, to and including $50,000, + Technology Fee $50,001 to $250,000 $651.98 for the first $50,000, plus $8.57 for each $1,000 or fraction thereof, to and including $250,000, + Technology Fee $250,001 to $1,000,000 $2,365.58 for the first $250,000, plus $7.55 for each $1,000 or fraction thereof, to and including $1,000,000, + Technology Fee $1,000,001 and up $8,026.58 for the first $1,000,000, plus $6.83 for each $1,000 or fraction thereof, + Technology Fee Section 7. Plumbing permit fees will be charged according to the following schedule: Permit Issuance — Issuance of each permit (base fee) $33.15 + Technology Fee Unit Fee Schedule (in addition to base fee above: For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $66.30 + Technology Fee For each additional fixture $14.28 + Technology Fee For each building sewer and each trailer park sewer $25.30 + Technology Fee Rain water system — per drain (inside building) $14.28 + Technology Fee For each water heater and /or vent $14.28 + Technology Fee For each industrial waste pretreatment interceptor, including its trap and vent, except for kitchen t e rease interce tors $28.56 + Technology Fee For each grease interceptor for commercial kitchens $29.68 + Technology Fee For each repair or alteration of water piping and /or water treating equipment, each occurrence $14.28 + Technology Fee For each repair or alteration of drainage or vent piping, each fixture $14.28 + Technology Fee W: \Word Processing \Resolutions \Consolidated permit fee schedule 2017 -2018 10 -11 -16 NG:bjs 24 Page 8 of 11 For each medical gas piping system serving one to five $83.64 + Technology Fee inlets/outlets for a specific as Unit Fee Schedule For each additional medical gas inlets /outlets $16.52 + Technology Fee For each lawn sprinkler system on any one (1) meter including $29.68 + Technology Fee backflow protection devices therefor. - For atmospheric-type vacuum breakers not included in lawn sprinkler backflow protection: I to 5 ........$14.00 + Technology Fee Over 5.......$14.00 for first 5 plus $3.25 for each additional + Technology Fee For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller ....... $29. 10 + Technology Fee Over 2-inch diameter: ................ $32.25 + Technology Fee Section 8. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE Permit Issuance For issuing each permit (base fee): ($0 if permit is in conjunction with a plumbing permit for an appliance with both plumbing and gas connection.) $33.15 + Technology Fee Unit Fee Schedule For each gas piping system of one to five outlets $66.30 + Technology Fee For each additional gas piping system outlet, per outlet $14.28 + Technology Fee Section 9. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE 1. NEW SINGLE-FAMILY DWELLINGS New single-family dwellings (including a garage) $155.91 + Technology Fee Garages, pools, spas and outbuildings $83.54 + Technology Fee Low voltage systems $61.05 + Technology Fee WAVVord Processing\Resolutions\Consolidated permit fee schedule 2017-2018 10-11-16 Page 9 of 11 NG:bjs 25 2. SINGLE - FAMILY REMODEL AND SERVICE CHANGES Service change or alteration -no added /altered circuits $8154 + Technology Fee Service change $83.54 with added /altered circuits, plus $12.00 for $83.54 + Technology Fee each added circuit maximum permit fee $156.00 $87.98 + Technology Fee Circuits added /altered without service change (includes up to $55.69 + Technology Fee 5 circuits $66.30 + Technology Fee Circuits 55.69 added /altered without service change (more than $55.69 + Technology Fee 5 circuits); $7.65 for each added circuit (maximum permit fee $100.00 including $1,000, + Technology Fee + Technology Fee $98.94 for the first $1,000 plus $22.03 for each $1,000 or fraction thereof, to Meter /mast repair $69.62 + Technology Fee Low voltage systems $61.05 + Technology Fee MULTI - FAMILY AND COMMERCIAL (including low voltage) Valuation of $66.30 + Technology Fee Work (Total Permit Fee Contract Amount) $87.98 + Technology Fee Carnivals: $250 or less $66.30 + Technology Fee $251 - $1,000 $66.30 for the first $250 plus $4.39 for each $100 or fraction thereof, to and • Each ride and generator truck including $1,000, + Technology Fee $1,001 - $5,000 $98.94 for the first $1,000 plus $22.03 for each $1,000 or fraction thereof, to Adult family home inspection (paid at the time of scheduling the inspection) and including $5,000, + Technology Fee $5,001 - $50,000 $186.97 for the first $5,000 plus $18.05 for each $1,000 or fraction thereof, to and including $50,000, + Technology Fee $50,001 - $250,000 $998.73 for the first $50,000 plus $13.16 for each $1,000 or fraction thereof, to and including $250,000, + Technology Fee $250,001 - $1,000,000 $3,638.54 for the first $250,000 plus $9.33 for each $1,000 or fraction thereof, to and including $1,000,000, + Technology Fee Over $1,000,000 $10,649.51 plus 0.5% of cost over $1,000,000, + Technology Fee 4. MISCELLANEOUS ELECTRICAL PERMIT FEES Temporary service (residential) $66.30 + Technology Fee Temporary service /generators $82.52 + Technology Fee Manufactured /mobile home parks and RV park sites, each service and feeder $87.98 + Technology Fee Carnivals: • Base fee $82.21 + Technology Fee • Each concession fee $11.02 + Technology Fee • Each ride and generator truck $11.02 + Technology Fee Inspections or plan review not specified elsewhere (one -half hour minimum). Safely inspections, plan revisions. $67.83 /hour Adult family home inspection (paid at the time of scheduling the inspection) $67.83 Disaster recovery emergency repair permit (residential structures only) $20.00 W: \Word Processing \Resolutions \Consolidated permit fee schedule 2017 -2018 10 -11 -16 Page 10 of 11 NG:bjs W Section 10. Other inspections and fees will be charged according to the following schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three hour minimum charge) $102.00/hour Re-inspection fee $67.83/hour Inspection for which no fee is specifically indicated—investigations or safety $67.83/hour inspections Additional plan review required by changes, additions, or revisions to approved $67.83/hour plans (minimum char e one-half hour) Work commencing before permit issuance shall be subject to an investigation fee 100% of the permit fee equal to 100% of the permit fee. .. Plan review fee—Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered without inspection or work not ready at the time of inspection may be charged a re-inspection fee of $66.50. Expired permit final – includes two inspections $133.00 Expired permit final – each additional inspection $67.83 Minor residential remodel plan review and permit (projects up to $20,000) $20.00 Section 11. Credit Card Surcharge. If payment is made by credit card, a processing fee of 3% will be added to the total order. No processing fee will be charged for online eTRAKiT transactions in 2017. Section 12. Effective Date. This resolution and the fee schedules contained herein shall be effective as of January 1, 2017. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this - day of 12016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: — WAWord Processing\Resolutions\Consolidated permit fee schedule 2017-2018 10-11-16 Page 11 of 11 NG:bjs 27 W. COUNCIL AGENDA SYNOPSIS nifials Meefiq Dale Pre 1ptired by Ma Vr�' repi ellp Council repien) 10/10/16 NG ❑ Resolution Altg Date 10117116 ❑ Ordinance Aag Date 10/17/16 NG QA) SPONSOR ❑ Council ❑ Mayor [:].HR Z D CD E] 1-,inance [:] Fire ❑ TS ❑ P&R ❑ Police ❑ Pfr/ I SPONSOWs The revised rental housing license fee schedule reflects inflation in staff costs, higher fees SLJM'Nmjzy for larger complexes and new fees for late renewals and rentals prior to licensing. R I,, v I I Wj:D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 9/26/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Co NI N1 "I"T"E' Unanimous Approval; Forward to Committee of the Whole & Consent COST IMPACT / FUND SOURCE EX III:ND ITURI Rj,'Q U IR I U) AMOUNT BUDGETED APPROPRIA'T'ION REQUIRED Fund SOUrce: Coninient,v: I RECORD OF COUNCIL ACTION 10/10/16 WE t MOO 4.E. ISTAFF SPONSOR: NoRA GIERLOFF I ORIGIN,\],A(,,I,'Nl),\Di\'I'],": 10/10/16 A(',i,'NI)A I'll,"XITITIJ," Updating the Rental Housing Licensing Fee Schedule CIATFIGORY ❑ Discussion Ali ,g Dale 10110116 ❑ Motion A/ g Date ❑ Resolution Altg Date 10117116 ❑ Ordinance Aag Date 7,BidAxard Mtg Dale ❑ Public Hearing Atg Date ❑ Other Mt g Date SPONSOR ❑ Council ❑ Mayor [:].HR Z D CD E] 1-,inance [:] Fire ❑ TS ❑ P&R ❑ Police ❑ Pfr/ I SPONSOWs The revised rental housing license fee schedule reflects inflation in staff costs, higher fees SLJM'Nmjzy for larger complexes and new fees for late renewals and rentals prior to licensing. R I,, v I I Wj:D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 9/26/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Co NI N1 "I"T"E' Unanimous Approval; Forward to Committee of the Whole & Consent COST IMPACT / FUND SOURCE EX III:ND ITURI Rj,'Q U IR I U) AMOUNT BUDGETED APPROPRIA'T'ION REQUIRED Fund SOUrce: Coninient,v: MTG. DATE RECORD OF COUNCIL ACTION 10/10/16 Forward to the next Regular Meeting MTG. DATE ATTACHMENTS 10/10/16 Informational Memorandum dated 9/19/16 Resolution in Draft Form (Resolution updated after CAP, shown in shaded text) Minutes from the Community Affairs and Parks Committee meeting of 9/26/16 10/17/16 Resolution in final form W., 30 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1849. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code Chapter 5.06; and WHEREAS, the program has significantly improved the condition of the City's rental housing stock over the past six years; and WHEREAS, the City is authorized to impose fees for services rendered; and WHEREAS, the fees for this program are intended to offset most of the cost of providing this service; and WHEREAS, the costs to administer the program have increased since the last fee review in 2014; and WHEREAS, the cost to administer the licensing program increases in proportion to the number of units per site; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Residential Rental Business License and Inspection Program fees will be charged according to the following schedule: RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES DESCRIPTION 2016 LICENSE 2017 LICENSE 2018 LICENSE Annual Residential Rental Business License: Property with one, two, three or four units —r$175.00 $60.00 $65.00 $70.00 Property with 5 to 20 units $180.00 $185.00 WAWord Processing\Resolutions\ResidentiaI Rental Licensing fee schedule 10-11-16 Page 1 of 2 NG:bjs 31 DESCRIPTION 2016 LICENSE 2017 LICENSE 2018 LICENSE Property with 21 to 50 units $175.00 $230.00 $235.00 Property with 51 or more units $175.00 $280.00 $285.00 License fees for units rented for the first time on or after July I st of each year are reduced by 50%. Late fee per month if existing license is not renewed before March 1 $ 0.00 $10.00 $10.00 Penalty fee if a new unit is leased before a license and inspection is obtained $ 0.00 $50.00 $50.00 Inspection fee per unit (City inspector) $50.00 $55.00 $55.00 Re-inspection fee per unit (City inspector) $50.00 $55.00 $55.00 Late fee per unit if Inspection Checklist is not submitted by September 30 of the year it is due $ 0.00 $20.00 $20.00 Hearing Examiner appeal fee $300.00 $330.00 $330.00 Section 2. Repealer. Resolution No. 1849 is hereby repealed, effective December 1, 2016. Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective as of December 1, 2016. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk ITNUM Rachel B. Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: WAWord Processing\Resolutions\ResidentiaI Rental Licensing fee schedule 10-11-16 NG:bjs 32 Page 2 of 2 COUNCIL AGENDA SYNOPSIS nilials Meetisi� l,)ale Prepared by Ma yq review 'l review 10/10/16 CF ❑ Resolution Atg Date ❑ Ordinance Aag Date 10/17/16 CF ❑ 0 -er At g Date SPONSOR ❑ Counal ❑ Mayor [:] FIR [:] DCD ❑ Finan6v Z.Eire ❑ TS [:] P&R [:] Police ❑ PV SPONSOR'S This interlocal agreement is an update to the existing agreement with the South King Summ: \Ry County Fire Training Consortium. The SKCFTC provides training services to the Fire Department through regional partnership. RrIV I 1,'1WF,D BY 0 cow Mtg. [:] CA&P Cmte M F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 10/04/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Fire Department COmm "I-"' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPj,,,NI)I'I'UR1.�1' RI: QUIRIID AMOUNT BUDGETED APPROPRIATION REQUIRED $52,108 $52,108 $ Fund Source: 000 11522 410 49 00 Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/10/16 ITEM INFORMATION ITEM NO. 4.F. I 33 STAFF SPONSOR: FIRE CHIEF I" WITTWER ORI(.',]N,\],AGI:,-NI)t\DA'1'11,': 10/10/16 A(,,, I -'N D,\ I,i,j m Interlocal Agreement with the South King County Fire Training Consortium CATEGORY F;j Dismssion M1 Date 10110116 Z Motion M1 g Dale 10117116 ❑ Resolution Atg Date ❑ Ordinance Aag Date ❑ Bid-Award Mtg Dale ❑ 1--lublie Hearing Mtg Date ❑ 0 -er At g Date SPONSOR ❑ Counal ❑ Mayor [:] FIR [:] DCD ❑ Finan6v Z.Eire ❑ TS [:] P&R [:] Police ❑ PV SPONSOR'S This interlocal agreement is an update to the existing agreement with the South King Summ: \Ry County Fire Training Consortium. The SKCFTC provides training services to the Fire Department through regional partnership. RrIV I 1,'1WF,D BY 0 cow Mtg. [:] CA&P Cmte M F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 10/04/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Fire Department COmm "I-"' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPj,,,NI)I'I'UR1.�1' RI: QUIRIID AMOUNT BUDGETED APPROPRIATION REQUIRED $52,108 $52,108 $ Fund Source: 000 11522 410 49 00 Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/10/16 Forward to Regular Meeting MTG. DATE ATTACHMENTS 10/10/16 Informational Memorandum dated 09/19/16 Interlocal Agreement SKCFTC Associate Agency Budget Contribution 2015 Invoice for SKCFTC Annual Fee Minutes from the Finance and Safety Committee from 1014/16 (Unavailable) 10/17/16 Informational Memorandum dated 9/19/16 with attachments Minutes from the Finance and Safety Committee Trom 1074716 33 34 City of Tukwila Allan Ekberg, Mayor •' M VIA I • •' TO: Finance and Safety Committee FROM: Jay C. Wittwer, Fire Chief BY: Chris Flores CC: Mayor Ekberg DATE: 09/19/16 SUBJECT: Interlocal Agreement with the South King County Fire Training Consortium ISSUE The Interlocal Agreement with the SKCFTC will expire at the end of 2016. The department seeks renewal of this agreement for 2017. BACKGROUND The department is an active participant in the SKCFTC. The department has benefitted from the quality and consistency of training associated with this relationship. The department is responsible for providing 1.5 FTE's to the Consortium. In addition to the provision of FTE's, the department is responsible for an agency cost /contribution that is based upon a formula that takes into account the value of the FTE contribution, annual cost of training per member, and peripheral costs for records management software and support. In 2016 the total contribution for the department was $17,140.00. Tukwila's contribution was not adjusted upward per the formula, due to ongoing negotiations related to the potential for the department to join the Kent Regional Fire Authority. In 2017 the department will be invoiced at full responsibility based upon the formula. DISCUSSION Department participation in the South King County Fire Training Consortium ensures the continuity of the highest quality of training and related services that our staff have ever experienced in the history of the department. A 2014 voluntary audit of the program by Washington State Labor and Industries revealed that the program was in full compliance with training laws and standards. As a stand -alone department internal division, previous to our participation, it would have been difficult if not impossible to have passed such an audit. The City Attorney has reviewed the Interlocal Agreement, and is in concurrence with adopting the language as written, without revisions or edits. FINANCIAL IMPACT The financial impact is $52,108.00, an increase of $34,968.00 over 2015 costs. The increase will be absorbed within existing budget through the redistribution of existing funds. RECOMMENDATION Continue participation in the South King County Fire Training Consortium. The department is asking for Council approval of the Interlocal Agreement and consideration at the October 10, 2016 C.O.W. and October 17, 2016 Regular Meeting. ATTACHMENTS Interlocal Agreement SKCFTC Associate Agency Budget Contribution 2015 Invoice for SKCFTC Annual Fee 35 South King County Fire Training Consortium (Interlocal Agreement) This agreement is made and entered into by and between the undersigned municipal corporations, collectively referred to as "Agency" or "Agencies." RECITALS 1. This agreement is entered into in conformity with chapter 39.34 RCW, the Interlocal Cooperation Act. 2. The Agencies currently each maintain and operate their own fire departments to provide emergency responder services, including fire protection, fire suppression, and emergency medical services and non - emergent medical care in their respective areas. 3. It is recognized that the Agencies have staffs that are performing similar tasks on a daily basis and that have varied talents, skills, and expertise; and by allowing the staff to coordinate and collaborate, the skills and abilities of the individuals could be used in a manner that increases the level and efficiency of training. 4. The Agencies desire to provide training at the highest possible level while managing the costs by eliminating duplication of effort and /or expenses where feasible and making the most effective use of combined resources. 5. The Agencies have concluded that collaboration based on equal participation would provide the highest level of training with the least duplication and cost and allow for the completion of functions not possible within current funding. 6. The South King County Fire Training Consortium was initially created in 2013 and has adopted the following Mission and Vision Statements: a. Mission: Develop and deliver superior training to improve performance and safety. b. Vision: Unify and enhance regional training that improves operational consistency, implements industry best practices and promotes a shared culture of excellence. NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, it is agreed between the Agencies as follows: 1. Purpose and Scope of Agreement. The purpose and scope of this Agreement is to formally establish a Training Consortium to further implementation of joint training activities and operations. Each Agency shall retain full authority for and jurisdiction over fire protection, prevention and suppression, emergency medical services, boundaries, elections, and budgets and all other matters not specifically addressed in this Agreement. Training Consortium Interlocal Agreement —Page 1 36 2. Governing Structure of Training Consortium 2.1. Administrative Board. (a) The Administrative Board shall be composed of the Fire Chief of each Agency to this Agreement. The Administrative Board shall be responsible for: (i) Overseeing administration of the fiscal arrangements as set forth in this Agreement ( "Fiscal Agent "); (ii) Directing, guiding and overseeing the actions of the Operations Board. (iii) Implementing the recommendations of the Training Chief; and (iv) Communicating with the governing bodies of the Agencies to this Agreement. (b) The Administrative Board shall meet a minimum of twice per year. Members of the Administrative Board shall elect by majority vote, after nominations at the first board meeting, a Chief to serve as presiding officer of the Administrative Board. The Chair shall serve a two -year term. The Chair shall have responsibility to schedule the meetings of the Administrative Board, to serve as presiding officer at board meetings, to gather information and to prepare the agenda for board meetings. In the event a Chair is unable or unwilling to complete his or her term, nominations shall be accepted by the Administrative Board for a replacement Chair, who shall be elected by majority vote of the board and who shall complete the term of the resigning Chair. Each Chief shall have an equal vote on matters that come before the Administrative Board. Any decisions of the Administrative Board that involve the expenditure or obligation of an Agency's funds shall constitute a recommendation to the governing bodies of the Agencies and shall not be effective until the governing bodies of each Agency have approved such recommendation. 2.2. Operations Advisory Team "OAT" (a) The OAT shall be composed of the Training Consortium's Training Chief and the operations chiefs from each Agency to this Agreement. The OAT shall be responsible for: (i) Consulting and communicating with the Training Chief on matters involving Agency operations. (ii) Work with the Training Chief to establish consistency in Agency operations . (iii) Work with the Training Chief to insure the training curriculum is consistent with Agency operations. 2.3. Training Consortium Chief. (a) The Training Consortium Chief "Training Chief' shall be the Kent RFA Training Deputy Chief. The Training Chief shall be responsible for: Training Consortium Interlocal Agreement —Page 2 37 (i) Recommending annual goals and objectives to the Administrative Board; (ii) Developing common operating guidelines for all Agencies; (iii) Developing common training programs, processes, and instructional materials for all Agencies (iv) Developing common training calendars for all Agencies; (v) Performing such other tasks as directed by the Administrative Board. (vi) Developing an annual Budget for the Training Consortium. (vii) Managing the Training Consortium on a day -to -day basis. 2.4. Firefighter Training Advisory Team "FTAT" (a) The FTAT shall be composed of firefighters and medics participating in the Training Consortium as appointed by the Training Chief in a manner that insures each Agency is represented on the committee with representatives proportional to the number of the Agency's employees receiving training from the Training Consortium. The FTAT shall be responsible for: (i) Providing feedback and input to the Training Chief regarding the content of the training provided. (ii) Coordinating communications between the Training Chief and the employees receiving training from the Training Consortium 3. Joint Decision Making 3.1. This Agreement does not alter the current command structure or organizational responsibilities of any Agency. However, this Agreement will allow for joint decision - making by the Administrative Board to modify command structures or organizational responsibilities relating to training within the Training Consortium. 3.2. Joint decision - making shall be exercised through the Administrative Board and shall apply only to those areas specifically identified by this Agreement. The Administrative Board shall make joint decisions using the following procedure. Joint decisions shall only be made at a meeting of the Administrative Board attended by a quorum of Agency representatives. A majority of the currently appointed Agency representatives shall constitute a quorum. Joint decisions shall be made by a majority vote. A Chief unable to attend a meeting may vote by proxy by either sending a designated representative or by notifying the Administrative Board of the Chief's vote via email or fax prior to the meeting or by providing a written proxy to another Chief attending the meeting. 4. Fiscal Arrangements 4.1. The Kent RFA shall be the entity that manages the finances of the Training Consortium as part of the Kent RFA's annual budget. Training Consortium Interlocal Agreement —Page 3 : 4.2. On or before August 1St of each year, the Administrative Board shall prepare an annual budget for the Training Consortium's operations that identifies each Agency's personnel and financial responsibilities for the following year. The financial responsibilities will be based on a cost per member (based on having one FTE per 45 members) recommended by the Training Chief and approved by the Administrative Board using the following components: (a) FTE Cost. The cost of an FTE (regardless of rank) shall be based on the average fully burdened cost of a Kent RFA Battalion Chief, Captain and Firefighter. (b) Administrative Fee. An administrative fee of 13% of the FTE Cost designed to cover the Kent RFA's administrative costs in managing the Training Consortium including a portion of the cost of the Training Chief and necessary administrative staff support. (c) Supplies and Maintenance Fee. A supplies and maintenance fee of 13% of the FTE Cost designed to cover the Kent RFA's costs in purchasing consumable supplies and for maintaining the Kent RFA's training facilities and equipment. (d) Cost Per Member. FTE Cost +Administrative Fee + Supplies and Maintenance Fee /45 = Cost per Member. (e) Cost per Non - Firefighter Member (Medic One) Eighty percent of Cost Per Member. (f) Cost per Volunteer Member. Seventy percent of Cost Per Member in the event the Administrative Board authorizes charging for Volunteer Members. (g) Annual Agency Cost. The Annual Cost shall be based upon the number of budgeted full time employees (FTE) of each Agency for the budget cycle. (For example, cost per Member x Total budgeted Agency Members enrolled = Annual Agency Cost). Adjusted as necessary for Volunteer Members and Non - Firefighter Members (Medic One). (h) The Annual Agency Cost of each agency may be satisfied by contributions of personnel (at the FTE value established above), cash, property or other services as approved by the Administrative Board. 4.3. In the event the Administrative Board determines during the course of the year that additional expenditures or contributions from one or more participating Agencies are necessary, the Administrative Board shall make a recommendation/request to the appropriate Agency. 4.4. In the event an Agency satisfies its Annual Agency Cost with a cash payment, the full value of such cash payment shall be made to the Kent RFA on or before February 1St of each year. In the event an Agency that provides personnel or equipment is entitled to receive a cash payment in return, the Training Consortium shall make such cash payment to the Agency on or before February 1 st of each year. 5. Resources: This Agreement allows for the collaborative acquisition, use, and management of property and equipment, ( "Resources "). Prior to commingling any Resources under this Agreement, all equipment and property with a value of more than $1,000.00 used in the performance of this Agreement shall be appropriately marked and inventoried by the contributing Agency. Ownership of Resources shall remain with the Agency that purchases or provides the Resource. Jointly owned resources, if any, may be purchased pursuant to a separate agreement by the Agencies, and shall be Training Consortium Interlocal Agreement —Page 4 listed in EXHIBIT A to this Agreement "Joint Resources." The ownership and distribution of jointly owned resources shall be governed by the following paragraphs: 5.1. The ownership of Joint Resources acquired after the execution of this agreement shall be documented on Exhibit A. Such Joint Resources shall be owned by the Agencies to this agreement in proportion to the financial and in -kind contribution of each Agency in the year of acquisition of such Resources "Ownership Share." 5.2. If this agreement is terminated as to all Agencies the depreciated value of the Joint Resources acquired under the terms of this agreement shall be divided in accordance with the Ownership Shares. 5.3. In the event an Agency withdraws from this Agreement, such Agency shall be entitled to receive the depreciated value of its Ownership Share in the Joint Resources as determined in the sole reasonable discretion of the Administrative Board. 6. Personnel. Each Agency shall cooperate with the Administrative Board and shall allow its employees and volunteers ( "Training Personnel ") to perform the functions as assigned by the Training Chief exercising authority under this Agreement. 6.1. The Training Chief shall have the authority to determine the working location and conditions for Training Personnel when assigned to the Training Division. Through the joint decision making process as defined herein, the Agencies may be asked to fill positions or roles not currently staffed within any of the Agencies. Such assignments, if they do not create additional financial responsibilities or litigation impacts for an Agency, shall be controlled by the Administrative Board and shall not require further approval by any Agency. 6.2. Each Agency shall remain as the employer of its own Training Personnel and shall be responsible for establishing and paying Training Personnel compensation and benefits. 6.3. It is understood by the Agencies that the services provided by Training Personnel pursuant to this Agreement will mutually benefit each Agency in proportion to the benefits received by that Agency. 6.4. The Administrative Board shall establish the chain of command for Training Personnel under this Agreement. However, the responsibility for hiring, evaluating, firing and disciplining Training Personnel shall remain with the employing Agency. An employing Agency may seek input from the Administrative Board in hiring, evaluating, firing or disciplining Training Personnel, but such guidance shall be optional and nonbinding on the Agency seeking guidance. 6.5. Training Personnel filling a shared functional position will be provided an explanation of roles, responsibilities, duties and expectations of the shared position prepared by the Training Chief. 6.6. To the extent this Agreement would result in any personnel changes that affect the wages, benefits or working conditions of any represented employees, the Training Chief shall assist the governing body of the affected employing Agencies and the affected bargaining units to address such impacts prior to the implementation of the change. Training Consortium Interlocal Agreement —Page 5 .M 7. Training Consortium Chief 7.1. The Kent RFA agrees to hire and staff the Training Consortium Chief position. The Agencies intend that the Kent RFA Training Deputy Chief will serve as the Training Consortium Chief as contemplated by this Agreement. In recognition of this understanding the parties agree to work cooperatively in accordance with the following provisions to assist Kent RFA in maintaining its Training Deputy Chief position. (a) Kent RFA shall be the employer of the Training Deputy Chief. Accordingly, Kent RFA shall be solely responsible for all matters related to the Training Deputy Chief s human resource management, performance appraisals, employee relations, work related practices, performance effectiveness and responsiveness, conformance with Consortium expectations, and discipline. (b) Kent RFA shall be solely responsible for the salary and benefits of its Training Deputy Chief and the Training Deputy Chief shall be considered "Training Personnel" pursuant to Paragraph 6 of this Agreement. 8. Insurance 8.1. The Agencies shall each provide and maintain - suitable commercial general liability and auto liability insurance policies to protect it from casualty losses by reason of the activities contemplated by this Agreement. The limits of liability for each coverage shall be at least $2,000,000 each occurrence. Each Agency shall provide the Consortium with a Certificate of Liability Insurance or Evidence of Coverage, which the Kent RFA shall maintain on file, provided that any Agency that is self - insured will provide a letter of self - insurance as evidence of coverage. 9. Indemnification 9.1. Each Agency shall be responsible for the wrongful or negligent actions of its employees while participating in this Agreement as their respective liability shall appear under the laws of the State of Washington and /or Federal Law and this Agreement is not intended to diminish or expand such liability. Provided however each Agency, by executing this Agreement hereby expressly appoints the Training Consortium Chief as its limited attorney in fact with the limited express authority to enter into and bind the Agency to liability waivers, indemnification or hold harmless agreements or releases required by third parties for the use of any training facilities, training props or private property necessary for the conduct of Training Consortium operations. 9.2. To that end, each Agency promises to indemnify, defend and hold harmless all the other Agencies from any loss, claim or liability arising from or out of the negligent or otherwise tortious actions or omissions of its employees, officers and officials. Such liability shall be apportioned among the Agencies or other at fault persons or entities in accordance with the laws of the State of Washington. Each agency shall be solely responsible for its own attorney fees and any litigation related costs. Training Consortium Interlocal Agreement —Page 6 41 9.3. Nothing herein shall be interpreted to: (a) Waive any defense arising out of RCW Title 51, provided; however, each Agency agrees that its obligations under this provision extend to any claim, demand, and /or cause of action brought by or on behalf of any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Agency's immunity under Washington's Industrial Insurance Act, RCW Title 51, with respect to the other Agencies only, and only to the extent necessary to provide each Agency with a full and complete indemnity of claims made by the other Agency's employees. The Agencies acknowledge that these provisions were specifically negotiated and agreed upon by them. (b) Limit the ability of a participant to exercise any right, defense, or remedy which an Agency may have with respect to third party Agencies or the officer(s) whose action or omission give rise to loss, claim or liability, including but not limited to an assertion that the employee was acting beyond the scope of his or her employment. (c) Cover or require indemnification or payment of any judgment against any individual or Agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment, fine or sanction is rendered and /or his or her employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. 10. Dispute Resolution. 10.1. Prior to any other action, the Administrative Board shall meet and attempt to negotiate a resolution to any dispute arising under this agreement. 10.2. If the parties are unable to resolve the dispute through negotiation, any 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 shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney's fees. 10.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute, then within 30 calendar days any party may submit the matter to binding arbitration according to the procedures of the Superior Court Rules for Mandatory Arbitration, including the Local Mandatory Arbitration Rules of the King County Superior Court, King County, Washington, as amended, unless the parties agree in writing to an alternative dispute resolution process. The arbitration shall be before a disinterested arbitrator with both parties sharing equally in the cost of the arbitrator. The location of the arbitration shall be mutually agreed or established by the assigned Arbitrator, and the laws of Washington will govern its proceedings. Each party shall be responsible for its own costs in preparing for and participating in the arbitration, including expert witness fees and reasonable attorney's fees. Training Consortium Interlocal Agreement —Page 7 42 10.4. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive and final remedy to or for any party for any dispute regarding this Agreement, and its interpretation, application or breach, regardless of whether the dispute is based in contract, tort, any violation of federal law, state statute or local ordinance or for any breach of administrative rule or regulation and regardless of the amount or type of relief demanded. 11. Term of Agreement 11.1. In the event any Agency shall desire to renegotiate any of the provisions of this agreement, such Agency shall give one -year advance written notice to the other Agencies. The written notice shall specify the provision to be negotiated, the requested change and the reasons therefore. Such requests to renegotiate shall not be considered a notice of termination. 11.2. This agreement shall be effective on January 1, 2017 and shall continue for a term of three (3) years. 12. Termination/Withdrawal 12.1. Any Agency may withdraw from this Agreement at the end of any calendar year by filing with the Administrative Board a notice of termination by December 31 st of the preceding calendar year. In the event an Agency terminates its participation under this paragraph but the remaining Agencies continue the Agreement, the Agency that terminated its participation shall be considered a withdrawing Agency that is not entitled to any refund of its prior contributions, but it shall be entitled to reimbursement of its depreciated share of any Jointly Owned Resource and return of any equipment or property owned by the Agency and used by the Consortium under this agreement. 12.2. This agreement may be terminated by consensus of a majority of the Agencies, effective the end of any calendar year, upon giving written notice thereof to the other Agencies by July 1 of the preceding year. In the event of a termination under this paragraph any Joint Resources shall be allocated among the parties in the manner specified in Section 5. 12.3. If an Agency consolidates with another municipal or local government entity through merger, annexation, or through the creation of a Regional Fire Protection Authority, the consolidated entity shall become an Agency to this Agreement and a successor in interest to the Agency's interest on the effective date of the consolidation without any action by the remaining Agencies, unless otherwise required. 13. Additional Agencies. 13.1. Additional Agencies may join the South King County Fire Training Consortium when approved by a majority vote of the Administrative Board and upon approval and execution of this Interlocal Agreement. 13.2. The Administrative Board may authorize one year "Associate Agency" Interlocal Agreements with municipal corporations for one year trial participation in the South King County Fire Training Consortium. Such Associate Agencies shall be required to agree to the indemnification, insurance and personnel provisions of this Agreement and to contribute Training Consortium Interlocal Agreement —Page 8 43 financially in accordance with the financial terms in Paragraph 4 but shall have no interest in joint resources and no administrative or decision making authority. 14. Miscellaneous 14.1. Notices. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail via the United States Postal Service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 14.2. Benefits. This Agreement is entered into for the benefit of the Agencies to this agreement only and shall confer no benefits, direct or implied, on any third persons. 14.3. Severability. If any provision of this agreement or its application is held invalid, the remainder of this Agreement shall not be affected. 14.4. Amendments. This Agreement represents the entire agreement of the Agencies regarding the subjects addressed herein. Amendments to this Agreement may be proposed by the Administrative Board or by any Agency to the Agreement. To become binding, Amendments must be made in writing and must be recommended for approval by the Administrative Board and approved by the unanimous consent of the Agencies to the Agreement. In the event that changes in federal or state law or changes in the boundaries of any or all Agencies significantly affect the performance of any Agency, the Agencies agree to enter into good faith negotiations so that continuation of the operations of the Training Consortium are not impaired. 15. Execution. 15.1. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Agencies by the signatures of their authorized representatives have executed this Agreement effective upon the date of signatures. SIGNATURE PAGES FOLLOW .. Training Consortium Interlocal Agreement —Page 9 KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY CITY OF TUKWILA By: By: DATE: DATE: APPROVED AS TO FORM: Brian Snure, Attorney for RFA NOTICES TO BE SENT TO: Fire Chief 24611 116 1h Ave. S.E. Kent, WA 98030 ATTEST: City Clerk FAI a City Attorney NOTICES TO BE SENT TO: Training Consortium Interlocal Agreement—Page 10 45 KING COUNTY FIRE PROTECTION DISTRICT NO. 2 0 low"MIMMESIM619M Attorney for District NOTICES TO BE SENT TO: NORTH HIGHLINE FIRE DISTRICT M 107,111 APPROVED AS TO FORM: Training Consortium Interlocal Agreement—Page 11 46 KING COUNTY FIRE PROTECTION DISTRICT NO. 20 0-1A 1031,111 Attorney for District NOTICES TO BE SENT TO: MAPLE VALLEY FIRE & RESCUE IN DATE: 0 9 a 411,610A N�7e v 11011 IM 1,415 Attorney For District NOTICES TO BE SENT TO: Training Consortium Interlocal Agreement—Page 12 47 0-0 DATE: VALLEY REGIONAL FIRE AUTHORITY APPROVED AS TO FORM: Attorney for RFA NOTICES TO BE SENT TO: Ml M RENTON REGIONAL FIRE AUTHORITY APPROVED AS TO FORM: Attorney for RFA NOTICES TO BE SENT TO: Training Consortium Interlocal Agreement—Page 13 KING COUNTY FIRE PROTECTION DISTRICT NO. 28 0 FIX, WM Attorney for District NOTICES TO BE SENT TO: VASHON ISLAND FIRE AND RESCUE .0 APPROVED AS TO FORM: Attorney For District NOTICES TO BE SENT TO: Training Consortium Interlocal Agreement—Page 14 49 EXHIBIT A JOINTLY OWNED RESOURCES Training Consortium Interlocal Agreement —Page 15 50 ASSOCIATE AGENCY BUDGET CONTRIBUTION 2017 Tukwila Fire Department The fiscal contribution by the Tukwila Fire Department to participate in the Training Consortium for 2017 is as follows: • 64 Members (Firefighters) • Cost per Member $ 4,855 Annual agency cost 64 x $4,855 = $ 31 '0,720 • The credit given for contribution of personnel: 1.5 FTE -$260,100 • Annual Agency Cost $ 310,720 FTE Contribution Credit - 260,100 2017 Budget $ 50,620 • Compared to: 2016 Budget (1.7 FTE) $15,180 Increase of $35,440 2017 el-ogic LMS cost per member: $24 Current Tukwila users: 62 $1,488 • 2017 Budget • LMS TOTAL with LMS Cost $ 50,620 �_ 1.488 $ 52,108 20811 84th Avenue S, Suite 102 Kent, WA 98032 (253) 856 -4330 51 Kent Fire Department RFA €nternotionallyAccredited Fire Agency 24611 116`h Avenue SE Kent, WA 98030 Office: (253) 856 -4300 Fax: (253) 856 -6300 Professionally and Compassionately Helping People Bill To: Tukwila Fire Department 444 Andover Park E Tukwila WA 98188 -7606 Invoice Invoice 16 -060 Date 1/20/2016 Woik Order No. Payment Terms 2016 Net 30 Qty ` Description ) Unit Price ) Ext. Price ) 1 112016 SKC Training Consortium Annual Fee 1 $17,140.001 $17,140.00 Total $17040.00 K To PAN.' lJ RECEIVED JAN 2 2 2016 Please make checks payable to: Kent Fire Department RFA TUK ILA FIRE VICE I 1 �� 1-/ q � 52 JAN �,X N G Co & hG SOUTH KING COUNTY FIRE TRAINING CONSORTIUM �"NING COBS ASSOCIATE AGENCY BUDGET CONTRIBUTION 2016 Tukwila Fire Department The fiscal contribution by the Tukwila Fire Department to participate in the Training Consortium for 2016 is as follows: • 64 Members (Firefighters) • Cost per Member $ 4,760 Annual agency cost 64 x $4,760 = $ 304,640 • The credit given for contribution of personnel: 1.7 FTE -$289,000 • Annual Agency Cost $ 304,640 FTE Contribution Credit - 289,000 2016 Budget $ 15,640 • Compared to: 2015 Budget $15,180 Increase of $460 or 3% • LMS 1 500 TOTAL with LMS Cost $ 17,140 20161-earning Management System Cost: 46 The Training Consortium has selected eLogic Learning, as a replacement LMS for Training Tracker for 2016. Each agency has agreed to contribute an amount equal to their 2015 FireTrex cost toward the purchase. (Tukwila 2016 LMS amount: $1,500) 20811 84`h Avenue S, Suite 102 Kent, WA 98032 (253) 856 -4330 RECEIVED JAN 222016 TUKWILA FIRE 53 Flow'] A= FINANCE AND SAFETY COMMITTEE Meeting Minutes City Council Finance and Safety Committee October 4, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Holl Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Mike Villa, Marty Grisham, Brandon Miles, Gail Labanara, Peggy McCarthy, Vicky Carlsen, Jake Berry, Derek Speck, Laurel Humphrey Guest: Jerry Thornton, Community Police Advisory Board member CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. 1. PRESENTATIONS II. BUSINESS AGENDA A. Interlocal Aereement: South King Countv Fire Training Consortium Staff is seeking Council approval of an interlocal agreement to continue participation in the South King County Fire Training Consortium in the amount of $52,108.00 for a term from January 1, 2017 through December 31, 2019. Participation in the Consortium has continued to be beneficial to the Fire Department and to the City. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 10, 2016 COMMITTEE OF THE WHOLE. B. Resolution: Ordering the Cancellation of Past Due Accounts Receivable Staff is seeking Council approval of the annual resolution that would declare the cancellation of uncollectible accounts receivable. The total for this year includes false alarm fees equaling $411.07, miscellaneous billings equaling $46,724.68 and NSF checks equaling $544.71 for a total of $47,680.46. Councilmember Robertson asked for additional detail regarding the fire re- inspection fees at Amara Pointe Apartments back in 2013. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. C. Lodging Tax Approval Process Staff is seeking Council approval of a proposed process for approval of lodging tax applications. The City collects a 1% excise tax on overnight lodging stays which can be spent on tourism promotion if approved by the Lodging Tax Advisory Committee (LTAC) and the City Council. The Washington State Attorney General recently issued an informal opinion that municipalities could change the dollar amounts recommended by the lodging tax advisory committee if the advisory committee is given 45 days' notice before the City Council takes final action. This differs from past interpretation of state law and Tukwila's practice in which the Council only approved or denied recommendations from LTAC. 55 56 COUNCIL AGENDA SYNOPSIS nifials Meeting Dale Pre ,pared by Mayor's rqo -mcil revi . 61W 10/17/16 NG ❑ Resolution Altg Date ❑ Ordinance ,g Dale F-].Bid�,Iward A/Iag Dale ❑ Public.Heaiing Al(g Date F-1 Other MtS Date SPONSOR ❑ Council ❑ M(gor E].HR Z DCD E] Fina&v ❑ Fire ❑ TS ❑ P&R ❑ Police [:] PWI SPONSOR", The current interlocal agreement with the City of Seattle for Hearing Examiner services SUMMARY runs through December 31, 2016. In order to continue this relationship a new agreement is needed. REvjF'W11,'1I) BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 10/10/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/Ai)mIN. Department of Community Development COmm"I"T"", Unanimous Approval; Forward to Consent COST IMPACT / FUND SOURCE ExPENDITUIU,, MEQUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: APPLICATION FEES AND PASS THROUGH Comments.- MTG. DATE RECORD OF COUNCIL ACTION 10/17/16 IM, UFUIXOT-11MEW61 hil I ITEM NO. 57 SPONSOR: NOP.A GIERLOFF 0Rl(',IN,\i, AGENDA DATE: 10/17/16 A(,, 11,"NDA ITEM TITLI," Interlocal Agreement with Seattle for Hearing Examiner Services Cxri,,.(-,oRy ❑ Discussion Altg Date Z Motion Mtg Dale 10117116 ❑ Resolution Altg Date ❑ Ordinance ,g Dale F-].Bid�,Iward A/Iag Dale ❑ Public.Heaiing Al(g Date F-1 Other MtS Date SPONSOR ❑ Council ❑ M(gor E].HR Z DCD E] Fina&v ❑ Fire ❑ TS ❑ P&R ❑ Police [:] PWI SPONSOR", The current interlocal agreement with the City of Seattle for Hearing Examiner services SUMMARY runs through December 31, 2016. In order to continue this relationship a new agreement is needed. REvjF'W11,'1I) BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 10/10/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/Ai)mIN. Department of Community Development COmm"I"T"", Unanimous Approval; Forward to Consent COST IMPACT / FUND SOURCE ExPENDITUIU,, MEQUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: APPLICATION FEES AND PASS THROUGH Comments.- MTG. DATE RECORD OF COUNCIL ACTION 10/17/16 MTG. DATE ATTACHMENTS 10/17/16 Informational Memorandum dated 10/5/16 A. Draft Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 10/10/16 57 rp4n. p1% City of Tukwila Allan Ekberg, Mayor TO: Community Affairs and Parks FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: October 5, 2016 SUBJECT: Hearing Examiner Interlocal Agreement ISSUE The current interlocal agreement with the City of Seattle for Hearing Examiner services runs through December 31, 2016. In order to continue this relationship a new agreement is needed. BACKGROUND Tukwila has contracted with the City of Seattle for hearing examiner services since 2005. The hearing examiner is the decision maker for Type 3 land use decisions including variances, special permission zoning modifications, subdivision preliminary plats and some wireless facility permits. Other actions include hearing appeals from Type 2 land use decisions, code enforcement actions, and impact fee determinations. DISCUSSION The City of Seattle Office of Hearing Examiner has performed these services for Tukwila in an efficient and cost effective manner for 11 years. There will be no increase to the $115 hourly fee we have paid since 2015 until Seattle sets a new rate for 2018. This will be determined during their 2017 budget process and if higher than $135 per hour the interlocal will come back to Council for review. FINANCIAL IMPACT Hearing examiner costs are covered by permit application fees or treated as a pass through to the applicant. RECOMMENDATION The Committee is asked to forward this agreement to the Consent Agenda at the October 17, 2016 regular meeting for approval. ATTACHMENT Draft Interlocal Agreement M •1 City of Tukwila Agreement Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATTLE AND THE CITY OF TUKWILA FOR HEARING EXAMINER SERVICES THIS IS AN INTERLOCAL AGREEMENT between the City of Seattle, a Washington municipal corporation acting through its Office of Hearing Examiner, hereinafter referred to as "Seattle," and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "Tukwila" for Tukwila's utilization of Seattle's hearing examiner services. WHEREAS, Tukwila is in need of the services of a hearing examiner; and WHEREAS, Seattle has the experience, personnel and willingness to provide hearing examiner services, and WHEREAS, Tukwila has contracted with Seattle for hearing examiner services since 2005, NOW THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by and between Seattle and Tukwila as follows: 1. AUTHORITY This Agreement is made and entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act. 2. PURPOSE The purpose of this Agreement is for Seattle to provide hearing examiner services to Tukwila. 3. SCOPE OF SERVICES Seattle shall provide hearing examiner services and accompanying support services for Tukwila on an as needed basis. 4. COMPENSATION 4.1 Tukwila shall pay Seattle $115.00 per hour for Seattle's hearing examiner services through December 31, 2017. Tukwila acknowledges that Seattle may increase the hourly rate for hearing examiner services in 2018. In such case, Tukwila shall pay such increased rate through December 31, 2018, provided the increased rate does not exceed $135.00 per hour. Tukwila shall pay Seattle $30.00 per hour for any support services requested by Tukwila. Seattle shall be reimbursed for any direct expenses 61 advanced on Tukwila's behalf including mailing and copying charges. If Seattle is required to provide any copying services in the performance of this Agreement, Tukwila shall pay Seattle $0.15 per page for the copies. 4.2 Drug asset forfeiture hearings shall have a one-hour minimum hearing examiner service charge unless Tukwila notifies Seattle of the hearing cancellation at least 24 hours prior to the scheduled hearing time. 4.3 Seattle shall not bill for travel time between Seattle and Tukwila. Tukwila will pay a $20.00 flat fee for round trip travel to Tukwila through December 31, 2017 and $25.00 flat fee for round trip travel to Tukwila from January 1, 2018-December 31, 2018, together with mileage at the current government reimbursement rate. Each individual providing hearing examiner services under this Agreement shall separately present to Tukwila a monthly statement detailing the mileage and number of trips to Tukwila for which the individual is eligible for reimbursement. 4.4 Seattle shall bill Tukwila on a monthly basis for work performed. Within 30 days of receiving Seattle's invoice, Tukwila shall issue a check to Seattle for services rendered. 5. SCHEDULING SERVICES Seattle's hearing examiner services shall be scheduled on a case by case basis. Tukwila shall contact Seattle to schedule appropriate dates and times. 6. HEARING LOCATION Hearings shall be held at Tukwila City Hall. Seattle shall provide the necessary recording equipment in order to create a record of the hearings. The hearings may be held in the day or evening as required by Tukwila. 7. HEARING PROCEDURES Hearings shall follow the Hearing Examiner Rules of Practice and Procedure currently adopted by the Seattle Office of Hearing Examiner, and such rules and procedures shall supersede those adopted via Tukwila City Council Resolution No. 1578. 8. HEARING DECISION Hearings shall be conducted in compliance with the Tukwila Municipal Code. Upon conclusion of the hearing, Seattle shall issue a written decision. This decision shall make findings of fact and conclusions of law based on the Tukwila Municipal Code. The written decision shall be issued within fifteen (15) business days of the hearing unless unusual circumstances exist. C: \Users \tanne rs\AppData\Loca RIVI icrosoft\Wi n d ows\Tem pora ry Internet Files\Content.Outlook\A47LHRG3\Hearing Examiner Interlocal 2017-18--RBT 9.9.16 (003).doc Page 2 62 9. INDEMNIFICATION Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 10. RECORDS RETENTION AND TRANSFERENCE Seattle shall generally transfer records back to Tukwila after the expiration of the 30 day appeal period. Seattle may retain records up to one year from the date of final disposition if requested in a specific case. 11. DURATION This Agreement shall take effect upon execution of the Agreement by both parties, and the appointment of the hearing examiner by the Mayor of Tukwila and, the approval of the Tukwila City Council. This Agreement shall remain in effect through December 31, 2018 and shall be subject to renewal by mutual agreement. 12. TERMINATION Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. 13. APPLICABLE LAW; VENUE; ATTORNEYS FEES This Agreement shall be subject to, and the Parties shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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 C:\Users\tanners\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\A47LHRG3\Hearing Examiner Interlocal 2017-18--RBT 9.9.16 (003).doe Page 3 63 costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 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. 16. NOTICES Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Seattle shall be sent to the following address: City of Seattle Office of Hearing Examiner PO Box 94729 Seattle, WA 98124 IN WITNESS WHEREOF, the parties have executed this Agreement on the date last written below. CITY OF SEATTLE C- By: Sue A. Tanner, Hearing Examiner C" l', / r( Approved as to Form: Tukwila City Attorney CITY OF TUKWILA V By: Allan Ekberg, Mayor 4 EM DATE C:\Users\tanners\AppData\Local\Microsoft\Windows\Temporary Internet Fi les\Co ntent. Outloo k\A47 LH RG3\Hea ring Examiner Interlocal 2017-18--RBT 9.9.16 (003).doc Page 4 M. City Council Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 10, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Evie Boykan, Stacy Hansen, Rick Still, Robert Eaton, Tracy Gallaway, Bob Giberson, Gail Labanara, Jack Pace, Nara Gierloff, Dave Johnson, Rachel Bianchi, Craig Zellerhoff, Vicky Carlsen, Jerry Hight, Laurel Humphrey CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Proposed 2017 -1018 Biennial At the September 26 Commits about providing additional ft the preliminary budget demo 2017 and $117,811 in 2018), s year to Human Services for & the Human Services Advisor additional amount and retur 0 APP A ee of the Whole meeting, the Council had preliminary discussion nding to Human Services for the 2017/2018 biennium. Because istrates that revenues exceed operational expenses ($76,121 for aff proposes that the Council allocate an additional $50,000 per e next two years. If the funding is approved by Council, staff and Board will form a recommendation on how to distribute the i for Council approval in the first quarter of 2017. UNANIMOUS ,TOBER 24, 2016 COMMITTEE OF THE WHOLE. There is growing awareness and concern regarding relocation assistance for residents displaced from mobile home parks. The State has an assistance program that reimburses up to $7500 fora single wide and up to $12,000 for a multi - section, but otherwise there are very few resources available to help these residents. The City of Seattle has a code in place that places some responsibility for relocation assistance on the property owner and requires a relocation report to be filed with the City. If the Council would like to put more policy guidelines in place around this subject this may be a good model to review. RETURN TO COMMITTEE. C. Interlocal Agreement: Hearing Examiner Services Staff is seeking Council approval to renew an interlocal agreement with the City of Seattle for hearing examiner services through December 31, 2018. Tukwila has contracted with Seattle for these services since 2005 and this arrangement has proven to be efficient and cost effective. There is no change to the $115 hourly rate proposed at this time. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. 65 COUNCIL AGENDA SYNOPSIS nifials Me lily M�yorls Mee tin Dale Pre �y e Council revie2lv 10/17/16 JH ITEMNO. 4.H. I 67 STAFF SPONSOR: JERRY E HIGHT 1 ORIGINM;. 10117/16 AGENDA ITI,"MTITLE Contract for building inspection services with 4Leaf Inc. CATFIGORY ❑ Discussion Mtg Date Z Motion Mt g Dale 10117116 Refolulion Mtg Date ❑Ordinance A ll gDale ❑ Bid Aivard M�g Date :Public.Hearin g MIS Date ❑ Other Mig Dale SPONSOR ❑ Council ❑ Mayor ❑ 14R Z DCD ❑ 1-7inanee ❑ F'ire ❑ IT ❑ P&R ❑ Police ❑ PIF SPONSOR'S Council is being ask to approve a contract to continue current building inspections services SUMM,\RY with 41-eaf Inc. with a not to exceed amount of $200,000.00 through the 2017/2018 budget. A new contract is needed because the current contract with 41-eaf Inc. expires on 12/31/2016. RiIVii,"WED BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte F-1 Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 10/10/16 commirrEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COmm"I'll""' Unanimous Approval; Forward to 10/17/16 Council, Consent Agenda COST IMPACT / FUND SOURCE ExPj3NI)I'I'URH1 Rl,"QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 2017/2018 BUDGET PROFESSIONAL SERVICES Cominents: MTG. DATE RECORD OF COUNCIL ACTION 10/17/16 MTG. DATE ATTACHMENTS 10/17/16 Informational Memorandum dated 10/10/16 Contract for 41-eaf Inc. building inspection services Minutes from the Community Affairs and Parks meeting of 10/10/16 67 City of Tukwila Allan Ekberg, Mawr INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks FFlCJK8: Jack pace, Director of the Department of Community Development BY: Jerry E Hight, Building Official CC; Mayor Ekberg DATE: October 1O'2016 SUBJECT: Contract for 4Leaf Inc. inspections services ISSUE 8hOU|d COUn[i| approve 8 contract to continue current building inspections services with 4Le8f Inc. with 8 not [O exceed amount Of$2OO.00O.00 through the 201Y/2O1O budget. A new contract ig needed because the current contract with 4Le8f Inc. expires On12/31/2O1O. BACKGROUND Due to the increase in ongoing permit activity and larger projects Such as Washington Place, TuKvv|8 8ChOO| district projects, Tukwila Village, Quail Park senior housing project, and Boeing, d will be necessary t0 continue [D have @D outside building inspections services with 4Le8fInc. The Building Division has been unsuccessful with our recruitment of qualified building inspectors and has used the building iDsp8CLiODS Services Of4Le8f Inc. to Dl8iOt8iO a 24-hour iDSp8{tiOO turnaround time. DISCUSSION Currently we have Dl8Oy highly technical, complex commercial and industrial projects in view such as the 174'OOO square foot Quail Park senior housing COnnnnVnitv, Tukwila School district $SO rniUiOO plus bond projects including @ two-story addition tO Foster High SCh0O| and 52'000 square foot Birth to Kindergarten building, King County Library, 32 room Holiday Inn Express, 1S story Washington Place tower, Tukwila Village SHAG project, @ndnunnenDUSOtherupooDliDg projects. Many 0f these projects greOOCeiOadeood8 projects. Staff is VvO[kiOg at Ol8xi[nVDl proficiency to accommodate the current workload. However, when all Vf the above projects g[BfU||y8Ogag8dtheyvvi||derD8ndadditioD8|dnOefV[d8i|yinGpectiOOS. plan [eViSiOnS' and staff will not be able to handle the workload. Building inspections services of 4Le8f Inc. are needed to insure the projects are in compliance with all codes and are safe for our citizens. FINANCIAL IMPACT $20O'ODO.0] for professional service until the end of the 2017/2018 budget. The DCD budget will reflect this change iO the amended budget. RECOMMENDATION Staff FecOrDOOeDds the contract fO[4Le8f Inc, building inspection services be placed On the October 17.2O16 Full Council, Consent Agenda for approval. ATTACHMENTS Contract for building inspections services with 4L8gfInc. 70 This AoneeOO8Dt is eD[8[8d into by and between the City of Tukwila, VV@ShiDg1OO, @ non-charter UDUon8| municipal code city hereinafter referred to as "the City," and 4Leaf Inc., hereinafter referred to as "the COntr8Cto[.^ whose principal office iS located 8[ 2110 Rheern Drive, Ste. A Pleasanton, CA 94588. WHEREAS. the City has determined the need to have certain services performed for its citizens but does not have the manpower O[ expertise t0 perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; D0VV therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. 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 Sh2U pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto a dincorporated h i by this reference. The total amount to be paid shall not exceed $200,000.00 at a rate of $72.50 per hour. 3' Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth iD this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires tO amend its budget iD any way. 4' Duration of Agreement. This Agreement shall be in full force and effect for a period COnlnoenuing January 2, 2017, and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. 5' Independent Contractor. Contractor and Cdv agree that Contractor is an independent rd cto 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 2Oi2 Page l of 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 ohoU procure and maintain for the duration Of the Agreement, insurance against claims for injuries LOpenG0OsO[d808g8t0pV}pertvwhiCh0aV8hS8frO00[inC0DD8CbOOVVbh the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its SCOp8 of coverage and limits as required herein Shm|| not be construed to limit the liability of the Contractor tothe coverage provided by such insurance, O[ otherwise limit the City's recourse t0 any remedy available @t law O[inequity. A. Minimum Scope of Insurance. Contractor shall obtain insurance 0f the types and with the limits described below: 1. Automobile Liability iDSUF8DCe with @ DliDiOOUn0 combined single limit for bodily injury and property damage of $1,000,000 per accident. Auk]0Ubi|8 |iQbi|Ux iDSU[GDC8 Qh8U COVe[ all owned, DOD-0vvOed, hired and leased vehicles. Coverage shall be written OD Insurance Services Office (|S{}) fO[Dl CA 00 01 or @ substitute f0[OO providing equivalent liability coverage. If necessary, the policy shall be endorsed tO provide contractual liability coverage. 2. Commercial General Liability insurance with limits no ksGG than $1.000.000 each 0CCurr8nD8. $2.000.000 general @Agr8A@to and $2.000.000 prOduCtG-00nnp|eted operations aggregate limit. Commercial General Liability insurance shall be written OO ISO occurrence form CG 00 01 and Sh8|| COV8[ liability arising from pF8OOi88S' 0pBF8tiOnS' independent contractors, prod UCtS-COnnp|8tHd Op8[@ti0DS' stop gap |i8bi|ity, p8[SOD8| injury and advertising injury, and liability assumed under an insured C0Db8{t. The COOlnlerci@| General Liability iDSU[8DCe Sh8(| be endorsed to provide the Aggregate Per Project Endorsement |8[) form CG 25 05 11 85 or an equivalent eDdO[Senl8Dt. There shall beDO endorsement O[ modification ofthe COm0e[Ci8| General Liability Insurance for liability arising from explosion, C0||8pS8 or underground property damage. The City Sh@|| be named as an insured under the Contractor's Commercial General Liability iDSu[8DC8 policy with respect tO the work performed for the City using ISO Additional Insured eDdOnS808Dt CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 2037 10 01 Or substitute endorsements providing equivalent coverage. 3. Workers' coverage asrequired by the Industrial Insurance laws of the State OfWashington. B. Other Insurance Provision. The C0Otr8CfOr'S Automobile Liability and COmnn8rCi@| General Liability iDSUn3OC8 policies are to C0OL@iD' or be endorsed i0 C0Dt8iO that they Sh8U he primary insurance with respect to the City. Any iDSUn8DCH' S8U-iOSU[8DC8. or iDSUn8DQ8 pOO| C0v8[@ge maintained by the City shall be excess of the Contractor's insurance and shall not contribute with C. Acceptability of Insurers. |nSun@nC8 is to be p|8C8d with insurers with o uurnent/\K0. Beat rating of not less than A: VII. CA Revised 1-2013 Page 2 of 4 D. Verification of Coverage. Contractor shall furnish the City with original C8rtUfiC8teo and G copy of the 8D18Dd@t0n/ eOdO[88DlHOtS' including but not DeCeSS8h|y limited to the addhUOO8| iOSU[8d endorsement, evidencing the insurance requirements Of the Contractor before commencement Of the work. E. Subcontractors. The Contractor ShGU have SO|e responsibility for determining the insurance C0V8n3Qe and limits required, if any, to be obtained by GUbCODtraCtO[S. which det8rDiD8hOO Sh@U be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor Sh8U provide the City and all Additional |DSunade for this work with written notice of any policy cancellation, within two business days of their receipt of such G. Failure to Maintain Insurance. Failure OD the part of the Contractor to maintain the insurance as required Sh8U COOSbtUt8 8 Dl8[eh8| bn88Ch of contract, UpOO which the City may, after giving five bUSiOe8S days notice to the CODtn9C1O[ LO CU[ReCi the bP8@Ch' immediately t8[[DiD@t8 the COD[n8{t O[, at its discretion, p[OCUn8 or renew such iOSUr@DC8 and pay any and all pnBDliUrOS in C0DOeCti0D 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 Dl8in[8iD 8CCOUOtG and r8COndS' including p8rSODDe[ property, financial and prOgr8[DOU8tiC [8CVPdS which SUffi[jeDUy and properly reflect all direct and indirect COStS of any D8tU[8 expended and 88rViDeS performed in the perfo[Dl8DC8 of this Aon3RDl8Ot and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. 7-hgS8 [eCO[dS Sh8U be Dl8iDt8iD8d for 8 period Of seven ( ) Ve@[S after termination hereof UDkeSS permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and bV 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 days written notice 0f the City's intention tO terminate the same. Failure tU provide products OD schedule may result iD contract termination. |f the Contractor's insurance coverage iS canceled for any [8@SOD' the City shall have the right tO terminate this Agreement immediately. 11' Discrimination Prohibited. The Consultant, with regard t0 the work performed byit under this Agreement, will not discriminate OD the grounds of race, religion, C[88d, C0|0r, D@ti0O8| origin, 8g8' veteran Si@iUS' SeX, S8xV8| 0[i8DLBtiOO' gender identity, nG3[it8| St8tUS' pO|iUC8| affiliation or the presence of any disability in the 88|eCtiOD and F8t8OtiOD of employees or p[0CU[H0eOt of materials or supplies. 12- Assignment and Subcontract. The CuntnGCtO[ Sh@|| not assign Or SUbCODtn@CL any portion of the services contemplated by this Agreement without the written consent Of the City. 13. together with attachments Or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior O8gOtiGtiODS. [8prHS8Dt8ii0DS. O[ agreements written 0[0[8|. NO amendment Ormodification of this 4one8DlOOt ShG|| he Of any force or 8fhSCt UD|8SS it is in writing and Signed by the parties. 14. Severability and Survival. |f any term, condition 0r provision of this Agreement ia declared void Or UD8DfO[C88h|8 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 CA Revised 1-2013 Page 3 of 4 by their sense and context are P88SOD8b|y intended to SVnviV8 the CODlp|eU0D, 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 O2UU5Outhoenb*rBlvd. Tukwila, Washington 08188 Notices tothe Contractor shall be sent b} the address provided bvthe Contractor upon the signature line below. 16. This Agreement shall be governed by and construed in 8CC0Pd8OQe with the |@VvS of the State of Washington. In the event any SUUL @d}it[2UOO. Or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid iO King County, Washington. The prevailing party iD any such action shall be entitled to its attorney's fees and costs ofsuit. DATED this ____ day of CITY OF TUKWILA Allan Ekberg, Mayor City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013 20 Printed Name and Title: Kevin Duggan, Preaideut lNkC. 2110 Rheeoz [rive, Ste. A Pleasanton, CA 94588 (A25)462-5959-Office (925)58A-4U55—Cell Page 4of4 EXHIBIT "A" CITY OF TUKWILA 2017 -2018 Scope and Schedule of Services 4LEAF, INC. Kevin Duggan, President Ed O'Reilly, Manager 2110 Rheem Drive, Ste. A 1201 Pacific Avenue, Suite 600 Pleasanton, CA 94588 Tacoma WA, 98402 (925) 462 -5959 - Office eoreilly(&4leafinc.com (925) 580 -4055 — Cell (253) 203 -3336 - Office (25 3) 203 -3 101 - Fax A. PURPOSE The purpose of this contract is to provide building inspections services on an as needed/on -call basis to the City of Tukwila. The City's intent it to improve customer service by supplementing the City's existing resources to increase service options. B. SCOPE OF SERVICES The selected Consultant shall provide building and safety services as requested by the City. Such services shall including enforcement of the City's building laws and codes and all applicable State Code; review of construction drawings to assure compliance with City and State adopted laws and code; interfacing with permit applicants and City staff, and conducting inspections. Specific projects may include residential or non - residential projects. Any single job may require one or subsequent reviews of submitted plans. Type of proposed plan check work may include new construction, remodel, additions, plumbing, mechanical and public nuisance abatement. 1. PLAN REVIEW SERVICES (N /A) 2. BUILDING INSPECTION SERVICES Consultant upon request of the City shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City's Building Laws and the Code requirements set forth on the approved plans for which a permit was issued. In the performance of such duties Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City and State code. Upon request of the City, building inspector may assist City staff with building code enforcement. Consultant assistance is limited to identifying potential building code enforcement issues in progress and helping to generate proper documentation. All actual enforcement actions to be undertaken by City staff. 3. PLAN CHECK RELATED MEETINGS (N /A) 4. BUILDING CODE QUESTIONS (N /A) 75 76 EXHIBIT "B" CITY OF TUKWILA 2017 -2018 Compensation and Method of Payment. 4LEAF, INC. Kevin Duggan, President Ed O'Reilly, Manager 2110 Rheem Drive, Ste. A 1201 Pacific Avenue, Suite 600 Pleasanton, CA 94588 Tacoma WA, 98402 (925) 462 -5959 - Office eoreillyA41eafinc.com (925) 580 -4055 — Cell (253) 203 -3336 - Office (25 3) 203 -3 101 - Fax Inspection Services Commercial Building Inspector (Building Inspector II) .......... .........................$72.50 hour Overtime ................................................... ............................... $1.5X hourly rate Consultant's Building Inspector will be billed out at the Commercial Building Inspector (Inspector II) rate of $72.50/hr. • Review by Engineer must be authorized in advance via email by City of Tukwila. • Overtime must be authorized by the City of Tukwila via email prior to being incurred. • Commercial building inspector rates apply for commercial building, plumbing and mechanical inspections, and inspections of multi - family residential (more than two dwelling units per building) • Residential building inspector rates apply for residential building, plumbing and mechanical inspections • Inspections services will be charged based on the actual inspection, not the staff assigned by the consultant. For example, if consultant sends a senior combination inspector to conduct a residential building inspection, consultant will charge the City the residential inspector rate. • Rates are inclusive of "tools of the trade" such as forms, telephones and consumables. • All invoicing to be done monthly. Invoices must be itemized and include contract number. • Staff Augmentation work (excluding plan review) is subject to 2 hour minimum charges unless stated otherwise. Services billed in 2 hour increments. • All billable expenses will be charged at cost plus 20% • Mileage will be billed at the current IRS rate All requests should be made directly to 4LEAF management. 4LEAF's Designated Project ff.*] Community Affairs and Parks Committee Minutes ........................................ ............................... ........................October 10, 2016 D. Contract: Building Inspection Services Staff is seeking Council approval of a contract with 41-eaf, Inc. in an amount not to exceed $200,000.00 for the continued provision of building inspection services through December 31, 2018. The Building Division has continued to have trouble recruiting qualified inspectors and this contract will allow the City to maintain a 24 -hour inspection turnaround time. There are many highly technical commercial projects underway such as Tukwila Village, School District Projects, and Washington Place. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. E. Contract: Structural Plan Review Services Staff is seeking Council approval of a contract with Reid Middleton, Inc. in an amount not to exceed $200,000.00 for the continued provision of structural plan review services through December 32, 2018. Revenues from permit fees offset the cost of the contracted review services. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. F. Proposed 2017 -2018 Biennial Budget Pursuant to the process requested by Council earlier this year, sections of the proposed 2017- 2018 budget are being presented to standing Council Committees prior to moving forward through the full Council review process. Staff presented proposed 2017 -2018 budgets for the following departments and funds: Parks and Recreation Department The Parks and Recreation Department Budget proposes an increase of 10.83% for 2017, primarily due to transfers from other departments, revenue - backed programs and previously approved program changes. The proposal also includes a.25 FTE and $100,000 for replacement of the existing recreation management software that has become obsolete. D Fu Fund 302 was previously known as the "Facilities Replacement Fund" but is being renamed to Urban Renewal to accurately reflect its use for tracking significant property transactions such as Tukwila Village and the TIB motel redevelopment. General Governmental Improvement Fund (303 Fund) Fund 303 is used for improvements, additions, or other miscellaneous minor capital projects. No specific projects are currently planned and there are no proposed changes. Fire Improvement Fund (304 Fund) The fund provides fire department capital improvements and apparatus through Fire Impact Fees. It does not include the mitigation fees from the Tukwila South agreement, which are included in the new Public Safety Plan fund. Chair Quinn asked for a list showing revenues and expenditures from fire impact fees. COMMITTEE DISCUSSION ONLY. FORWARD TO OCTOBER 24, 2016 COMMITTEE OF THE WHOLE. I' • :1 COUNCIL AGENDA SYNOPSIS nilials M eling Dale Prepared by _ Mayor revze ? L _-Cquned rez4eiv 10/17/16 JH Lx� 7 ITEM INFORMATION ITEMNO. H STAFF SPONSOR: JERRY E HIGHT I ORIGINAL AGENDA DA'1'1�: 10/17/16 AG J � ND A ITFMTrI,I.F Contract for Reid Middleton Inc. structural plan review services CATFIG,ORY ❑ Die-6,ufsion A /ftg Date ❑ motion Mtg Date 10117116 ❑ Resolution ,g Date M/ ❑ Ordinance A/Itg Date EjBid Axard 111t Dale ❑ Publicl-Tearing M/ ,g Date [:] Other mtg Dale SPONSOR ❑ Council ❑ Mayor [:].HR Z DCD E] Finance [:] Fire ❑ IT ❑ P&RE] Police E].PW' SPONSOR'S Council is being ask to approve a contract to continue current structural plan review SUMMARY services with Reid Middleton Inc. with a not to exceed amount of $200,000.00 through the 2017/2018 budget. A new contract is needed because the current contract with Reid Middleton Inc. expires on 12/31/2016. RFVIF,WFD BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte F-1 Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 10/10/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm"ITFIF Unanimous Approval; Forward to 10/17/16 Council, Consent Agenda COST IMPACT / FUND SOURCE AmouNj, BUDGETED APPROPRIATION REQUIRED $ $ $0 Fund Source: 2015/2016 BUDGET PROFESSIONAL SERVICES Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/17/16 MTG. DATE ATTACHMENTS 10/17/16 Informational Memorandum dated 10/10/16 Contract for Reid Middleton Inc. for structural plan review services Minutes from the Community Affairs and Parks meeting of 10/10/16 H m TO: FROM: BY: CC; DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor ISSUE Should council Middleton Inc. new contract 12/31/2016. Community Affairs and Parks Jack Pace, Director of the Department of Community Development Jerry E Hight, Building Official Mayor Ekberg October 10, 2016 Contract with Reid Middleton Inc. for structural plan review services approve a contract to continue current structural plan review services with Reid with a not to exceed amount of $200,000.00 through the 2017/2018 budget. A is needed because the current contract with Reid Middleton Inc. expires on BACKGROUND Due to the increase in ongoing permit activity and larger projects such as Washington Place, Tukwila School district projects, Tukwila Village, Quail Park senior housing project, and Boeing, it will be necessary to continue to have an outside structural review service. DISCUSSION The current Building Division staff does not have the expertise to review structural engineering calculations or plans. The Building Division has previously contracted our structural plan reviews successfully with Reid Middleton Inc. FINANCIAL IMPACT $200,000.00 for professional service until the end of the 2017/2018 budget. As permits for construction increases so does the amount of fees collected and paid for outside structural plan review. The 2017/2018 budget will reflect the consultant's structural review cost increase as well as the increase in structural plan review permit revenue. RECOMMENDATION Staff recommends the contract for Reid Middleton Inc. structural plan review services be placed on the October 17, 2016 Full Council, Consent Agenda for approval. ATTACHMENTS Contract for Reid Middleton Inc. structural plan review services. W City of Tukwila ,ontract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 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 Reid Middleton Inc., hereinafter referred to as "the Contractor," whose principal office is located at 728 134th Street SW Suite 200 Everett, WA 98204 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: 1. 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 $200,000.00. 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 January 2, 2017, and ending December 31, 2018, 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 4 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. Itisfurther specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver Ofimmunity under |DdUSthG| |OSUG3DQe, Title 51 RCVV' solely for the purposes Of this indemnification. This waiver has been mutually negotiated by the parties. The provisions Ofthis 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 OriO connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its SCOp8 of coverage and limits as required herein Sh8|| not be construed to limit the liability of the Contractor t0the COve[Gg8 provided by such insurance, V[ otherwise limit the City's recourse tO any remedy available 8t law O[iDequity. A. Minimum Scope of Insurance. C0ntn3Ckzr ShuU obtain insurance of the types and with the limits described below: 1. Automobile Liability iOSUrGODe with 8 DliDinOUDl combined single limit for bodily injury and property damage of $1,000,000 per accident. AUiOOOObi|e liability iDSU[@DC8 Sh8U cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or 8 substitute f0[[D providing equivalent liability coverage. If necessary, the policy shall b8 endorsed tO provide contractual liability coverage. 2. Commercial General Liability iDSUngOce with limits DO less than $1.000.000 each OCCUrr8DC8' $2.000.000 g8D8[@| aggregate and $2.000,000 p[OdUCtS-COOOpket9d Op8[8UOOS aggregate limit. Commercial General Liability insurance shall be written 0O ISO occurrence form CG OO 01 and ShG|| COVe[ liability arising from pFerDiSeS. Ope[8U0DS, independent contractors, p[DdU{tS-CO0p|et8d OpG[aUOOS' SLOp gap liability, p8[SOO8| irUU[y and advertising irUU[y. and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement |SC} form CG 25 03 11 85 Or @D equivalent endorsement. There shall beOO endorsement O[ modification Of the Commercial General Liability Insurance for liability arising from 8Xp|OSiOn. C0||8pS8 or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability inSUn3DC8 policy with respect iO the work performed for the City using |S[) Additional Insured 8ndono8nO8nt C{3 20 10 10 01 and Additional Insured-Completed C)pgnadono endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. rage as required by the Industrial Insurance laws of the State 0fWashington. B. Other Insurance Provision. The Contractor's Automobile Liability and COmrn8rCi@| General Liability iOSU[8OC8 pOUCi8S are to CODt@iD. or be eDd0[S8d to contain that they Sh8U be primary )D8U[8DD8 with respect b]the City. Any iOSU[8O08, 8eU-iDSUr8OCH. or iDSUc8DC8 pOO| COm9[Gge Dl8iOt8iD8d by the City Sh8|| be 8XCeGS of the COOt[@CtO['S iDSU[8OC8 and Sh3|| not contribute with C. Acceptability of Insurers. Insurance is to be placed with insurers with 8 CurnentA.K8. Best rating of not less than A: VII. CA Revised 1-2013 Page 2 of 4 O. Verification of Coverage' Contractor shall furnish the City with original CedUfiC@tes8nd@COpyof the 8DleDdGtOn/ eDdO[SeOO8DtS, including but not O8CeSS8h|y limited to the 8ddUU0D8| insured endorsement, evidencing the insurance requirements Of the Contractor before commencement Of the work. E Subcontractors. The Contractor shall have SO|e responsibility for determining the insurance C0V8[@ge and limits required, if any, to be obtained by GUbCOntraC1O[G, which determination 8h@U 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 G. Failure tm Maintain Insurance. Failure on the part 0fthe Contractor t0 maintain the insurance as [8qU)[8d Sh8U CUOstbUt8 @ On8teh8| breach of contract, upon which the City may, after giving five bVGiDHSG days notice to the COOt[8CtO[ to CO[neCt the h[88Ch, immediately k3[O0iD@te the CODtrG{t or, 8t its discretion, procure 0r renew such insurance and pay any and all premiums iOconnection 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 Keepinq and Reporting. A. The Contractor shall [D8iDt8iO 8CC0VDtS and PHCOrdS, iDC|UdiDQ Pe[SOODe[ property, fiD@DCi@| and prOgn8ODOO8tiC records which SVffiCi8Dt|y and properly reflect BU direct and indirect COStS Of any nature expended and G8n/iC8S performed in the performance of this Agreement and other such records 8S may b8 deemed necessary by the City t0ensure the performance of this Agreement. B. These [8CD[dS ShGU be maintained for G D8[k}d of seven (7) years after termination h8[8Of UDkeSS permission tO destroy them iS granted by the office 0f the archivist iO accordance with RC\8/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 8tall times to inspection, review Oraudit by law during the performance Of this Agreement. 10' Termination. This Agreement may 8t any time he terminated by the City giving to the Contractor thirty (3O) days written notice Of the City's intention iO terminate the same. Failure L0 provide products on schedule may result incontract 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 bybunder this Ao[8eDleOL, will not discriminate ODthe gnOUDdS of race, n8|igiOD. C[e8d. D0|Or, D5tiOD@| origin, 8g8, Vet8n8O St8tUS' SeX, S8XUa| U[ieD[8tiOn. QeOd8[ identity, 0O8rit8| status, pO|iUC8| affiliation or the p[8S8DC8 Of any disability in the selection and r8t8DU0D of employees or pnDCU[808DL Of materials or supplies. 12. Assignment and Subcontract. The C0DU3Ct0r Gh@U not GSSiAn or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13' attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes GU prior negotiations, representations, 0[ agreements VV[itt8D or oral. y4O amendment o[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. K any term, condition Ur provision OfthksAoreenxen[ksdecl@[8dvOid0r unenforceable or limited in its application or effect, such event shall not affect any other provisions CA Revised 1-2013 Page 3(f4 hereof and all other provisions shall remain fully enforceable. The provisions Of this Agreement, which by their S8OS8 and context are F88S0O8b|y intended L0 SUrViV8 the CO[Dp|8tiOD' expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15- Notices. Notices to the City of Tukwila shall besent to the following address: City Clerk, City of TUhVV|@ 02OU8Ou[huenterBlvd. Tukwila, Washington 88188 Notices tOthe Contractor shall be sent U] the address provided by the Contractor upon the signature line below. 16. This Agreement shall be governed by and construed in 8CCOrd8OCe with the |@wS Of the State of Washington. In the event any suit, 8d}it[@tiOD, or OUle[ proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall b8 properly laid iO King County, Washington. The prevailing party iD any such 8CtiODSh8|/be entitled tO its attorney's fees and costs Dfsuit. DATED this day of CITY 0PTUKWILA Mayor, Allan Ekberg City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attomey CA Revised 1-2013 CONTRACTOR ME David B. Swanson, Principle Reid Middleton 728 134th Street SW, Suite 200 VV}\48204 425-741-3800 Page 4 of 4 SCOPE OF WORK The objective of this Agreement is to provide structural code compliance plan review (plan review) for proposed new and remodeled buildings within the City of Tukwila (the City) as specifically requested in writing by the Building Official or his designee. The consultant shall perform services and provide necessary equipment, materials and professionally trained, licensed, and experienced personnel to accomplish the plan review as outlined below. On behalf of the Department of Community Development - Building Division, the consultant will perform structural plan review to establish compliance with the structural provisions of the International Building Code as amended by the State and as adopted by the City of Tukwila. 2. During the plan review process, the Consultant may contact the permit applicant directly to request submission of additional information to the city. The Consultant will keep a written record of this cornmunication in the project file. 3. Upon completion of each plan review, the Consultant will furnish a summary plan review letter directly to the Building Official and a copy to the pen-nit applicant outlining discrepancies in the plans, reports, and/or calculations (as applicable). 4. The Consultant will perform follow-up plan reviews as required to confine that plans have been corrected adequately to address comments in the original plan review. In these instances, the Consultant will furnish additional letters directly to the Building Official and a copy to the permit applicant summarizing the results of the review. When the Consultant is satisfied that the proposed structural work is in compliance with the structural provisions of the Building Code, the Consultant will issue a final letter stating that there are no further comments. S. The plan review services for each perrilit applicant will be treated as an individual project, the Consultant will track associated labor and material costs according to each project and invoice the City accordingly, The consultant will invoice the City prior to the 10th of each month. 6. The City may need other structural engineering services throughout the tern of the on-call agreement. For these instances, the Consultant will perform structural engineering services as mutually agreed to by both parties. The scope of work, fee, and schedule for the additional structural engineering services will be defined and negotiated at the time the additional work is requested. we 7. The City, in entering into this agreement, does not guarantee that any services will be requested nor guarantee any specific dollar amount of work during the I t:l term oFthis Agreement. 8. The City shall respond to the consultant's telephone or E-mail inquiries concerning interpretation of City Standards within three (3) working days. 9. The Consultant shall complete the specified work generally within (15) calendar days of written notification by the City. (Large and/or complex projects may take longer to review but require concurrence by City of time extension). 10. The Consultant shall perform work described in this Agreement in accordance with the latest edition and amendments to the Washington State Building Code as adopted and amended by the City of Tukwila. i. The City shall administer issuance of building pen-nits and certificates of occupancy. The Consultant will assume no responsibility for proper on-site construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with approved plans, contract documents, and permit conditions. 12. Corrections or comments made during the review process do not relieve the project proponent or designer from compliance with requirements of codes, conditions of approval, or permit requirements. Nor is the designer relieved of responsibility for a complete design in accordance with the laws of the State of Washington. 13. The City may need emergency structural engineering services throughout the term of the on-call agreement. These services may include post-disaster response engineering or emergency response to observe structural damage to existing structures. For these instances, the Consultant will perform ,structural engineering set-vices as mutually agreed to by both parties. The scope of work, fee, and schedule for the additional structural engineering services will be defined and negotiated at the time the additional work is requested. Time for emergency structural engineering services may be billed at an accelerated rate in accordance with the Exhibit B rate schedule. 9M Reid Middleton, Inc. Exhibit "B" Schedule of Charges Effective January 2017 through December 31, 2018 City of Tukwila Plan Review Compensation shall be based on time and expenses directly attributable to the project and shall follow the schedule below unless another method of compensation has been expressed in the written agreement. Personnel Hourly Rate Principal ., „.,, . ., .,.. ................ ..............................$ 200.00 - $ 245.00 Principal Engiu er /Princi} al Planner /Principal Surveyor .............. ..............................$ Senior Engineer/Senior Surveyor ......... ... ..... ..............................$ 200.00 - $ 240.00 175.00 - $ 195.00 Project Engineer/Project Desi ner /Pro pct $urveyor /Project Manner ..........................$ Design n,gmeer /Designer 11IDesil �echmcianl5urvey Crew Chief/ 135.00-$ 165.00 n Technical Writer Ill Gra hic Designer 11 ........................................ Resigner l/Pl Liner /CAD echniclan li ................... ................. ..............................$100.00-$ $ 110.00-$ 130.00 115.00 Protect Administrator .... ........ ................ ..... ......................... ..............................$ "echnician/Technical 95.00 - $ 110.00 70.00 $ 100.00 CAID Technician 1 /Survey Technician / Writer I .......................$ - Survey Crew 2 Person/RTK/Robotic/ Scanning) ........................... ..............................$ Survey Crew (3 Person/ GPS) ................................... ............................... 170.00 $ 260.00 Emergency Structural Engineering ... ............................1.2 times usual hourly rate (4 hour minimum) A new sell( #duleof charges becomes effective January 1, 2018 through December 31,:2.018. Reid Middleton'$ escalation rate for the 2018 calendar year will not exceed 3 °l0. If our actual escalation rate for 2018 is less than 3%, Reid Middleton will use the lower rate. Charges for all work, including continuing projects initiated in prior years, will be based on the latest schedule of charges. Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific ppro ect requirements. Charges for such personnel will be comparable to charges for regular Reid lvli dleton personnel. A premium may be charged if project requirements make overtime work necessary. II. Equipment Rate Design Software /Computer Aided Drafting .................................. ..............................$ 12.00 /hour III. Reimbursable Expenses Local Mileage - Automobile .......................................................... ..............................$ 0.65 /mile Local Mileage - Survey Truck ...................................................... ..............................$ 0.65 /mile Exppenses that are directly attributable to the project are invoiced at cost plus 15 %. These expenses include, but are not limited to, subconsultant or subcontractor services, travel and subsistence, communications, couriers, postage, fees and permits, document reproduction, special instrumentation and field equipment rental, premiums for additional insurance where required, special supplies, and other costs directly applicable to the project. IV. Client Advances Unless the parties agree otherwise in writing, char es for the following items shall be paid by the client directly, shall not be the responsibility ofReid Middleton, and shall be in addition to any fee stipulated in the a eernent. government fees, inc tiding petxnit and review face; soils testing fees and costs; charges for aeria�pl tog ty, and charges far Monuments. if Reid Middleton determines, In its discretion, to advanr any ot)these chits in the in oftlie project, the amount of the advance, plus a fifteen percent adlxlinistrattve ice, shall be paid by the client upon presentation of an invoice therefore. HAFORMS\EXMITS12016 -A Tukwila 2017- 2018doc.doc 91 92 Community Affairs and Parks Committee Minutes ........................................ ............................... ........................October 10, 2016 D. Contract: Building Inspection Services Staff is seeking Council approval of a contract with 41-eaf, Inc. in an amount not to exceed $200,000.00 for the continued provision of building inspection services through December 31, 2018. The Building Division has continued to have trouble recruiting qualified inspectors and this contract will allow the City to maintain a 24 -hour inspection turnaround time. There are many highly technical commercial projects underway such as Tukwila Village, School District Projects, and Washington Place. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. E. Contract: Structural Plan Review Services Staff is seeking Council approval of a contract with Reid Middleton, Inc. in an amount not to exceed $200,000.00 for the continued provision of structural plan review services through December 32, 2018. Revenues from permit fees offset the cost of the contracted review services. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. F. Proposed 2017 -2018 Biennial Budget Pursuant to the process requested by Council earlier this year, sections of the proposed 2017- 2018 budget are being presented to standing Council Committees prior to moving forward through the full Council review process. Staff presented proposed 2017 -2018 budgets for the following departments and funds: Parks and Recreation Department The Parks and Recreation Department Budget proposes an increase of 10.83% for 2017, primarily due to transfers from other departments, revenue - backed programs and previously approved program changes. The proposal also includes a.25 FTE and $100,000 for replacement of the existing recreation management software that has become obsolete. D Fu Fund 302 was previously known as the "Facilities Replacement Fund" but is being renamed to Urban Renewal to accurately reflect its use for tracking significant property transactions such as Tukwila Village and the TIB motel redevelopment. General Governmental Improvement Fund (303 Fund) Fund 303 is used for improvements, additions, or other miscellaneous minor capital projects. No specific projects are currently planned and there are no proposed changes. Fire Improvement Fund (304 Fund) The fund provides fire department capital improvements and apparatus through Fire Impact Fees. It does not include the mitigation fees from the Tukwila South agreement, which are included in the new Public Safety Plan fund. Chair Quinn asked for a list showing revenues and expenditures from fire impact fees. COMMITTEE DISCUSSION ONLY. FORWARD TO OCTOBER 24, 2016 COMMITTEE OF THE WHOLE. 93 M, My— A NJ U0, 15A K, Meetin ,g Date Prepared �y mqy9f 1� review review CPUIV . 10/10/16 BJM ❑ Resolution Mt ,g Date ❑ Ordinance Mtg Date 10/17/16 BJM E] Otber Mtg Date SPONSOR ❑ Council M Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIV SPONSOR'S The City charges a 1% special excise tax on the sale of or charge made for overnight SUMMARY lodging. State law limits the use of these funds to tourism promotion and requires a process for reviewing requests to use lodging tax funds. Staff is seeking input from the City Council on the process for future applications to use lodging tax funds and will also provide a briefing on allowable uses for lodging tax funds. RFviFDM1D BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/4/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office/ Economic Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE V Fund Source: N/A Comments: NIA MTG. DATE RECORD OF COUNCIL ACTION 10/10/16 ITEM INFORMATION ITE►NO. 5.A. 95 ISTAFF SPONSOR: B. MILES I ORIGINAL AGENDA DATE: 10/10/16 AGENDA ITEM TITLE Lodging Tax: Approval Process and Permitted Uses of Lodging Tax Funds. CATEGORY 0 Discussion Mtg Date 10110116 N Motion Mt ,g Date 10117116 ❑ Resolution Mt ,g Date ❑ Ordinance Mtg Date n .Bid Award Mt g Date ❑ Public Hearing Mt g Date E] Otber Mtg Date SPONSOR ❑ Council M Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIV SPONSOR'S The City charges a 1% special excise tax on the sale of or charge made for overnight SUMMARY lodging. State law limits the use of these funds to tourism promotion and requires a process for reviewing requests to use lodging tax funds. Staff is seeking input from the City Council on the process for future applications to use lodging tax funds and will also provide a briefing on allowable uses for lodging tax funds. RFviFDM1D BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/4/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office/ Economic Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: NIA MTG. DATE RECORD OF COUNCIL ACTION 10/10/16 Forward to Regular Meeting I --- MTG.DATE] ATTACHMENTS 10/10116 Informational Memorandum "Lodging Tax Approval Process," dated 9/22/16 2016 Lodging Tax Funding Application Informational Memorandum "Permitted Uses of Lodging Tax Funds," dated 9/23/16 Minutes from the Finance and Safety Committee meeting of 10/4/16 (Unavailable) 10/17/16 Informational Memorandum dated 9/22/16, plus attachments Minutes. from the Finance and Safety Committee meeting of 10/4/16 95 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Safety Committee FROM: Brandon J. Miles, Business Relations Manager CC: Mayor Ekberg DATE: September 22, 2016 SUBJECT: Lodging Tax Approval Process ISSUE The City charges a 1 % special excise tax on the sale of or charge made for overnight lodging stays. The use of these funds is limited to tourism promotion. The following memo outlines the steps the City must follow in order to expend these funds, as provided by State law. Staff is seeking input from the City Council on the process for awarding lodging tax funds in 2017 and beyond. BACKGROUND As required by Revised Code of Washington (RCW) 67.28.1815, the City deposits lodging tax funds into a special fund and uses the funds, "...solely for the purpose of paying all or any part of the cost of tourism, promotion, acquisition of tourism related facilities, or operation of tourism - related facilities'." These funds are used to support a variety of tourism promotion activities by the City and third parties, such as the Museum of Flight and Starfire Sports. RCW 67.28.1816 limits the entities eligible to apply for direct lodging tax funding to the following: 1. Cities, towns, and counties of Washington State; 2. Convention and Visitors Bureaus; 3. Public Facilities Districts; and 4. Non - Profits organized as either a 501(c)(3) or 501(c)(6). Approving lodging tax expenditures is a two -step process involving both the City's Lodging Tax Advisory Committee (LTAC) and the City Council. As discussed below, State Law provides considerable authority to the City's LTAC is reviewing and approving request to use lodging tax funds. Lodaina Tax Advisory Committee In 1997, the legislature authorized the creation of local lodging tax advisory committees to review and comment on any new lodging tax, increase in the tax rate, repeal of an exemption or change in the use of the lodging tax revenue (RCW 67.28.1817). The City of Tukwila's LTAC was created via Council Resolution No. 1381 and the membership of the committee expanded via Council Resolution No. 1533. Membership of the City's LTAC includes: • Four businesses where the lodging tax is collected, such as hotels and motels; • Four businesses or organizations engaged in activities eligible to be funded by the tax, such as non - profits, entertainment destinations, retailers and restaurants; and See memo entitled "Permitted Use of Lodging Tax Funds," dated August 30, 2016, which provides more details on allowable expenditures of lodging tax funds. 97 INFORMATIONAL MEMO Page 2 • One City elected official, traditionally the Council President, who serves as the chair of the LTAC. In 2013, the legislature amended RCW 67.28.1816 and expanded the role of the local lodging tax advisory committees. Now, in municipalities with a population of over 5,000, requests to use lodging tax funds — including requests by the municipality itself — must be submitted directly to the lodging tax advisory committee. This means that the City of Tukwila must submit an application to the LTAC to expend lodging tax funds for City of Tukwila activities. The lodging tax advisory committees review the applications for funding in a public meeting and then forwards a list of candidates to the municipality for final action (RCW 67.28.1816). As part of the application process, a requestor must provide to the City estimates on how the lodging tax funds will result in increase in the number of people traveling for businesses or pleasure on a trip. Citv Council Review Process in 2016 In June of 2016, staff took funding request applications reviewed by the City's LTAC to the Finance and Safety Committee. After Finance and Safety review, the applications were forwarded to the Committee of the Whole for discussion and review and then forwarded to a Regular City Council meeting for final action. Once the Council approved the funding requests, the recipients entered into service contracts with the City. Washinaton State Attornev General's Informal Opinion As part of the 2016 applications, reviewed by the City Council in June of this year, staff informed the City Council that the Council had two options with each application: (1) The Council could concur with the City's LTAC and agree to fund an application as presented or (2) the City Council could choose not to fund a specific application. Staff informed Council it could not change the specific dollar amounts recommended by the LTAC based on interpretations of RCW 67.28 provided by Municipal Research Service Center and the Association of Washington Cities. On August 17, 2016, the Washington State Attorney General's Office ( "AG's Office ") issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. 2 The AG's Office opined that a municipality can change specific dollar amounts recommended by the lodging tax advisory committee, provided the municipality waits 45 -days before taking final action and that the lodging tax advisory committee is provided an opportunity to comment on the revised dollar amount.3 However, the AG's Office cautioned that a municipality cannot choose to fund a funding request which was not approved by the LTAC. While an informal Attorney General 2 See AG's Informal Opinion dated August 17, 2016, available at http://mrsc.org/cetmedia/0562599b- d073-4b55- 8817 -daal b9cf39a3 /w3ag081616.aspx. 3 Specifically, the Opinion states: When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty -five days before final action on the proposal. 98 ZACouncil Agenda ItemsWayor's Office \LTAC Businesseswemo 1, Process for Lodging Tax Funds.docx INFORMATIONAL MEMO Page 3 oViOk]D is not binding on the City, this opinion provides h8|DfU| guidance and would be considered persuasive authority should a court ever examine this issue. DISCUSSION Staff would like Council concurrence for approving kodging tax funding request iD2017and beyond, asoutlined below. This proposed process is consistent with adopted City Council process for |8giSh]bv8 UBnnS. RC\N 67.18. and the AG'G Office |nfODn@| Opinion. 1. Applications 1O use lodging tax funds are made directly tVthe LT/\C, via its designated staff member in the Mayor's Office. The City accepts applications OO8 rolling basis in order to respond to proposed activities and events, which might arise during the year. 2. The LTAC reviews the applications for use of lodging tax funds at an open public meeting D[@i several opening meeting, if the LT/\C: wants additional time k} consider 8n application. |fLTAC recommends iO the City Council that the application be approved it must recommend a specific dollar amount. Should LTAC recommend an application not b8 approved it will cease moving forward. 3. The application and LTAC's approval recommendation is then forwarded to Finance and Safety for its review. 4. Finance and Safety reviews and then forwards its recommendation to the full City {|OVOci|. 5. The full Council reviews and then takes final action on the funding request. If the Council concurs with LTAC's recommended amount, no further Council action on the application is required. 8. If the Council desires to modify the amount to be provided to a specific requestor, the City Council must provide 45-days' notice 1Vthe LTAC before taking final action. During this 45-day period, the LTAC will meet and consider the City Council's modification and either provide 8 comment letter t0 the City Council O[ choose not iO comment. After the 45-day period had concluded, the City Council could take final action, after considering the LTAC'8 comment letter. 7. The City enters into 8 service Or sponsorship agreement with the [8qu8GtOr. If the amount 0fthe agreement iG over $4O.00Oii would require review by the City Council, following the City Council's adopted process for review Ofagreements. RECOMMENDATION Forward to the October 10, 2016 Committee of the Whole meeting for briefing and discussion. Staff will bring a motion forward to the October 17, 2016 Regular Council meeting adopting a process for approval of lodging tax applications. ATTACHMENTS *2O1G Lodging Tax Fund Application. Z:\CouncUAgenda ItemsWayor'sOffice\LTABusinesses\Memo1. Process for Lodging Tax Funds.docx 100 Application to the City of Tukwila for Use of 2016 Lodging Tax Funds Event or Activity Name (if applicable): Amount of Lodging Tax Requested: Applicant Organization: Federal Tax ID Number: Mailing Address: Primary Contact Name: Primary Contact Phone: Primary Contact Email Address: Check all the service categories that apply to this application: Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. ✓ Operation of a tourism - related facility owned or operated by a non - profit organization. Operation and /or capital costs of a tourism - related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: ✓ Non - Profit (Note: Attach a copy of your current non - profit corporate registration from the Washington Secretary of State Office) Public Agency For Profit Agency /Business (Washington State UBI Number: I am an authorized agent of the organization /agency applying for funding. I understand that: I am proposing a tourism - related service for 2016. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: Printed or Typed Name: Date: 101 1) Describe your tourism - related activity or event. 2) If an event, list the event name, date(s), and projected overall attendance. 3) Is your event /activity /facility focusing on attracting overnight tourists, day tourists, or both? 4) Describe why visitors will travel to Tukwila to attend your event /activity /facility. 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and /or internationally). 6) Describe the prior success of your event /activity /facility in attracting tourists 7) If this your first time holding the event /activity /facility provide background on why you think it will be successful. 8) Describe the media strategy you employ to promote your event /activity /facility to attract overnight and /or day tourists? Please list any digital or print media (newsletters, e- blasts, social media, etc.) your agency uses or intends to use to promote your event /activity /facility. 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. 10) Is the City able to use your digital and print media for collaborative marketing? 17 102 11) Measurements and Metrics As a direct result of your proposed tourism - related service, provide an estimate of: a. Overall attendance at your proposed event /activity /facility b. Number of people who will travel fewer than 50 miles for your event /activity c. Number of people who will travel more than 50 miles for your event /activity d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel /motel /bed- breakfast) in Tukwila [or Southside Region]. g. Number of paid lodging room nights resulting from your proposed event/ activity /facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 12) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? 13) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? 14) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? 3 103 15) What is the overall budget for your event /activity /facility? What percent of the budget are you requesting from the City of Tukwila? 16) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? 104 F. FINANCE AND SAFETY COMMITTEE Meeting Minutes City Council Finance and Safety Committee October 4, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Sea[, Chair; Dennis Robertson, Kate Krutter Staff- David Cline, Mike Villa, Marty Grisham, Brandon Miles, Gail Labanara, Peggy McCarthy, Vicky Cartsen, Jake Berry, Derek Speck, Laurel Humphrey Guest: Jerry Thornton, Community Police Advisory Board member CALL TO ORDER: Chair Seat called the meeting to order at 5:30 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. Intertocal Agreement: South King County Fire Training Consortium Staff is seeking Council approval of an intertocat agreement to continue participation in the South King County Fire Training Consortium in the amount of $52,108.00 for a term from January 1, 2017 through December 31, 2019. Participation in the Consortium has continued to be beneficial to the Fire Department and to the City. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 10, 2016 COMMITTEE OF THE WHOLE. B. Resolution: Orderine the Cancellation of Past Due Accounts Receivable Staff is seeking Council approval of the annual resolution that would declare the cancellation of uncollectibie accounts receivable. The total for this year includes false alarm fees equaling $411.07, miscellaneous billings equaling $46,724.68 and NSF checks equaling $544.71 for a total of $47,680.46. Counci[member Robertson asked for additional detail regarding the fire re- inspection fees at Amara Pointe Apartments back in 2013. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 17, 2016 REGULAR CONSENT AGENDA. C. Lodging Tax Approval Process Staff is seeking Council approval of a proposed process for approval of lodging tax applications. The City collects a 1% excise tax on overnight lodging stays which can be spent on tourism promotion if approved by the Lodging Tax Advisory Committee (LTAC) and the City Council. The Washington State Attorney General recently issued an informal opinion that municipalities could change the dollar amounts recommended by the lodging tax advisory committee if the advisory committee is given 45 days' notice before the City Council takes final action. This differs from past interpretation of state law and Tukwila's practice in which the Council only approved or denied recommendations from LTAC. 105 Finance and Safety Committee Minutes ........................................................................................... ......................October4, 2016 Staff is proposing a modified process to accommodate the new Attorney General opinion. If the Council desires to modify the amount to be provided to an applicant, the City will provide 45 days' notice to LTAC before taking final action. LTAC will meet during this time to consider the Council's modification and provide a comment letter or choose not to comment. After the 45 day period the City Council could take final action, and the City would enter into agreement with the applicant. Committee members discussed the proposal as well as the current LTAC practice to accept applications on a rolling basis throughout the year. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 10, 2016 COMMITTEE OF THE WHOLE. D. Permitted Uses of Lodging Tax Funds Staff provided an overview of the legally permitted uses of lodging tax funds, which is outlined in Revised Code of Washington 67.28.1815. Proceeds from the tax can be used for activities, operations or expenditures designed to increase tourism or welcome tourists to the City. Tourism can include those who travel from other areas to stay overnight in Tukwila as well as those who travel to Tukwila for the day. Economic activity from residents is not considered tourism. Committee members and staff discussed examples of allowable and disallowable uses. INFORMATION ONLY. FORWARD TO OCTOBER 10, 2016 COMMITTEE OF THE WHOLE. E. Proposed 2017 -2018 Biennial Budget: Lodging Tax The lodging tax fund is undergoing change due to the transition of Seattle Southside Visitor Services to the Seattle Southside Regional Tourism Authority (SSRTA). Staff is projecting revenues of $733,000 for 2017 and $755,000 for 2018, reflecting a 3% growth estimate. The proposed budget includes expenditures in three categories: operations, day marketing, and third party applications. Councilmember Kruller encouraged staff to consider ways to include Tukwila International Boulevard business owners in tourism and marketing activities. Staff noted that day marketing analysis will kick off with a survey and Council input is desired. DISCUSSION ONLY. FORWARD TO OCTOBER 10, 2016 COMMITTEE OF THE WHOLE. F. Budget Review - Multiple Departments Pursuant to the process requested by Council earlier this year, sections of the proposed 2017- 2018 budget are being presented to standing Council Committees prior to moving forward through the full Council review process. Staff presented proposed 2017 -2018 budgets for the following departments and funds: Police Department, Drug Seizure Fund, Fire Department, Public Safety Plan Funds. Committee members discussed the proposals as detailed in the agenda packet. Staff noted that cell phone costs are going to remain in individual City Departments and not be reallocated to the Technology and Innovation Services Department as previously suggested. Chair Seal spoke to the importance of ensuring overtime estimates for Police and Fire are as accurate as possible in order to avoid a major amendment as happened in 2015. She also stressed the importance of retaining adequate funding for training. The Committee recommended thatthe CIP page for "Relocate Fire Station 51" remove the reference to "satellite station." They also requested that the CIP page for "City Hall Facilities" be removed as there is no funding plan within the timeframe of the CIP. COMMITTEE DISCUSSION. FORWARD TO OCTOBER 24, 2016 COMMITTEE OF THE WHOLE WITH REQUESTED CHANGES. 106 COUNCIL AGENDA SYNOPSIS 111,11als Aleelin ,g Dale Prepared by Ma yor's rev" 2 C4uju'l review 09/26/16 JT C ❑ Ordinance At g Date 10/17/16 JT [:] Other At g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD E]finance E].Fire Z IT 0P&R ❑ Police ❑ PW" SPONSORI, s Council is being asked to authorize $170,240 for use by the Technology and Innovation SUMMAIZY Services Department to be included as part of the upcoming 2016 budget amendment. Specifically Council is being asked to authorize the approval of $9,240 on Help Desk and IT Service Management Software; and authorization for the Mayor to sign contracts with Vitalyst up to the amount $73,000 for Help Desk Support and training and Indigo Slate in the amount of $88,000 for persona-driven IT Service Management and Customer Portal. Ri,"v I FIWI ? 1) BY ❑ cow mtg. F-1 CA&P Cmte [:] F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 9/26/16 COMMITTEE CHAIR: V 7, Fund Source: PROFESSAIONAL SERVICES 000.12.518.880.41.00, SOFTWARE 000.12.518.880.49.01 Comments.- MTG. DATE RECORD OF COUNCIL ACTION 9/26/16 ITEMNO. 777T 1-,'F SPONSOR: JOSEPH TODD ORIGINAL AGI-NDADNIT: 9/26/16 A(,, L"NDA I'I'Em Tj,j,i,j," Authorize approval of the amount of $170,240 for use by the Technology and Innovation Services Department to be included as part of the 2016 budget amendment and authorize approval of contracts. C,\'I'I,',GORY M Discussion All ,g Date 09126116 E Motion Aft g Date 10117116 ❑ Resolution At g Date ❑ Ordinance At g Date ❑ Bid.Award At g Date e [:] Public 1-leariq AIg Date [:] Other At g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD E]finance E].Fire Z IT 0P&R ❑ Police ❑ PW" SPONSORI, s Council is being asked to authorize $170,240 for use by the Technology and Innovation SUMMAIZY Services Department to be included as part of the upcoming 2016 budget amendment. Specifically Council is being asked to authorize the approval of $9,240 on Help Desk and IT Service Management Software; and authorization for the Mayor to sign contracts with Vitalyst up to the amount $73,000 for Help Desk Support and training and Indigo Slate in the amount of $88,000 for persona-driven IT Service Management and Customer Portal. Ri,"v I FIWI ? 1) BY ❑ cow mtg. F-1 CA&P Cmte [:] F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 9/26/16 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADmIN. Mayor's Office/TS Department COmm"I-IT"I", FS 9/20/16; Forwarded to 9/26 C.O.W. COST IMPACT / FUND SOURCE Exi,FINDITURE RHIQUIRLA) AMOUNT, BUDGE'rED APPROPRIATION REQUIRED $170,240 $170,240 $0 Fund Source: PROFESSAIONAL SERVICES 000.12.518.880.41.00, SOFTWARE 000.12.518.880.49.01 Comments.- MTG. DATE RECORD OF COUNCIL ACTION 9/26/16 Budget discussion at C.O.W. 10/17/16 MTG. DATE ATTACHMENTS 9/26116 Informational Memorandums (2) dated 8/17/16 Draft Technology Services Department 2017 - 2018 Proposed Budget Minutes from the Finance and Safety Committee meeting 9/20/16 10/17/16 Informational Memorandum dated 10/11/16 Contracts for software and services Minutes from the Committee of the Whole meeting dated 9/26/2016 107 1: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Councilmembers FROM: Joseph Todd, Director of Technology and Innovation Services BY: Joseph Todd Director of Technology and Innovations Services CC: Mayor Ekberg DATE: October 11, 2016 SUBJECT: Request for additional budget authority to implement the City's Technology strategy and vision ISSUE Per the discussion at the September 26, 2016 Committee of the Whole, Technology Services is seeking formal authority to increase its 2016 budget by $170,240 to provide additional services. BACKGROUND As discussed at the September 26 Council of the Whole meeting, building on the work done with the Moss Adams report and subsequent strategic plan, Technology and Innovation Services has been busy working the City's IT strategy for the next three to five years. The Department has identified several areas for improvement in 2016 that will allow us to deploy critical programs in 2017 and 2018. DISCUSSION Putting additional foundational IT infrastructure in place now will allow the Department to be more nimble and ready to implement strategies to improve technology - related services to the Tukwila community. Specifically, the Department is seeking budget authorization to: • Spend up to $73,000 on Help Desk support beginning in October through the end of the year. The initial costs include setup fees and one quarter's worth of support. The proposed 2017/2018 includes ongoing Help Desk support at the cost of $124,000 per year. This will allow Technology Services staff additional time to devote to other critical IT needs in the City and will result in better services for our community. • Spend $9,240.00 on Help Desk and IT Service Management software subscription for one year. Annual renewals in 2017 and 2018 for the same cost are included in the 2017/2018 budget as well. This will allow IT to implement the Help Desk support discussed above. • Spend $88,000 on a onetime contract to develop an IT user portal and implement persona-driven IT Service Management that will produce additional efficiencies within the City's IT service delivery model and infrastructure. 109 INFORMATIONAL MEMO Page 2 As discussed at the September 26, 2016 Committee of the Whole meeting, the efficiencies resulting from this budget increase will result in directly improved services to the community of Tukwila. As an example, this investment in 2016 will allow staff to move more quickly on 2017 IT priorities, such as the new Parks and Recreation records management system that will allow TCC patrons to register for classes online. FINANCIAL IMPACT The City has determined that there are savings from other Departments that will cover the $170,240 requested and that an increase in the TS budget for this purpose will still result in a balanced budget. RECOMMENDATION The Council is being asked to authorize approval of the amount of $170,240 for use by the Technology and Innovation Services Department to be included as part of the 2016 budget amendment. Additionally, Council is being asked to authorize the approval of $9,240 on Help Desk and IT Service Management Software; and authorization for the Mayor to sign contracts with Vitalyst up to the amount $73,000 for Help Desk Support and training and Indigo Slate in the amount of $88,000 for persona-driven IT Service Management and Customer Portal. ATTACHMENTS -Minutes from the September 26, 2016 Committee of the Whole Meeting -Contracts 110 WA2016 Info Memos\TIS budget amendment.docx Service Order Form .... :&eshdesk The attached documents describe the relationship between FreshDesk, Inc. ( "Provider") and the Customer identified below ( "Customer') (each of Provider i v c. Sin and Customer, a "Party' and, together, the "Parties "). When executed by an i` �� t1�Gi1ii1�'/"'�`� '��° authorized representative of Customer and Provider, this Service Order Form, ``.iii Brunk), CA `4066 together with the "Terms of Service" on http://www.freshservice.com/terms form a binding legal contract between the Parties (collectively, the "Agreement'). " ' * y Ci r �+. qha 7 �a a ran ¢ 1a s galy TOR; y. 1R. CONTACT INFORMATION BILLING INFORMATION (if different from contact info) NAME /ORGANIZATION: JOSEPH TODD NAME: EMAIL ADDRESS: joseph.todd@tukwilawa.gov EMAIL ADDRESS: ADDRESS: ADDRESS ' '2.O ►_u PLAN: Estate Annual Plan NUMBER OF AGENTS: 11 PER AGENT MONTHLY FEE: $70 USD NUMBER OF ASSETS: 600 PER ASSET MONTHLY FEE: $0.20 USD (First 600 Assets are free) TERM START DATE: August 26, 2016 RENEWAL: The Subscription Term will automatically renew for successive terms unless either Party gives the other Party 30 days written notice of cancellation. RECURRING FEES: Number of Agents* Per Agent Fee $ 770 Annual Fee NON - RECURRING FEES: Initial Installation and Set -up Web -based Training Data Migration $ 9,240 TOTAL RECURRING FEES: $ 9240 FREE FREE FREE SUBSCRIPTION Annual Fee Billed in advance PAYMENT TERMS: Unless otherwise stated, all payments are due within 30 days of invoicing ADDITIONAL AGENTS: In the event the Customer adds agents at a later date, Customer shall promptly inform Provider and pay a pro -rated fee based on the per agent fee set forth herein. TAXES: The stated fees do not include applicable taxes. Customer will be responsible for and reimburse and hold Provider harmless from and against the payment of all taxes arising out of the provision of services under this Agreement other than taxes based on Provider's gross receipts or net income. LATE FEES If any payment is not made in full when due, the overdue balance will be subject to late payment interest at the rate of 1.5% per month, pro -rated daily (or the maximum legal rate, if less) 111 By signing this Service (}nd*r Form where indicated below. Customer and Provider are entering into a binding legal contract consisting of this Service Order Form and the "Terms of Service" on http://www.freshservice.com/terms. Signature: Name: Title: (CUSTOMER) FRESHDESK, INC. (PROVIDER) Signature: Name: Title: Statement of Work Client Company Name: City o[Tukwila Client Contact: Joseph Todd Enn8i[ Project Name: Persona-driven UTSMMap, CmmnnmunicaKiom& Awareness Tools Indigo Slate Contact: Aaron Dugga| EnneU: Phone: (425) 739'3208 Address: 2475 1401h Ave NE Suite 201 Bellevue, WAyD0O5 This Statement of Work/Purchase Order/Schedule (^SOW") i5 between City of Tukwila and Indigo Slate, Inc. The parties agree as follows: 1. Description of the Work Indigo Slate is pleased to provide this proposal to the Technology Services Department at the City of Tukwila. Indigo Slate proposes to support the Technology Services Department in addressing its key challenges and goals: * Understand current service offerings and how to better facilitate those services within the business 0 Develop plan for innovating and incorporating new services As part of this initiative, Indigo Slate will conduct a persona-driven |T Service Management ([FSk4) mapping exercise to gain a high-level view of key personas, services and delivery model. The following deliverables are included as part of the ITSM initiative: • Codified Service Catalog • Customer Experience Journey (CX]) • Overview deck with summary of findings from [XJ • Portfolio Governance strategy which synthesizes and contextualizes the results of the CXJ into 8final VutputPnvverPoint Additionally, communications and awareness tools will be included as part of this statement of work: • \Nebp3ge (with interactive infooraphid • Flyer 9 Poster 2. Deliverables /Delivery Schedule 2.1 Detailed Descriptions of Deliverables: Deliverable '�Descri' tion ,s Assuin "`bons Customer Experience Build and codify a customer experience . One hour interviews Journey journey map generalized across services with one or more through a series of interviews with participants customers, employees, and citizens. • Interview period limited to a three - The approach includes: week window that - Reaching new citizens by starts 1 to 2 weeks addressing uncovered needs after project kickoff - Driving more engagement with current citizens Perform Core IT - Increasing employee engagement stakeholder by better satisfying their needs interviews and - Reducing spend with better develop initial resource allocation personas • Create draft of service catalog and journey interactions • Validate map through interviews with identified personas Codified Service A list of services that highlights who . Compiled from Catalog (Excel) provides the services and to whom, along information with a brief description. gathered from CXJ interviews Compiled from information gathered during the CXJ interviews Overview deck of Create a PowerPoint deck and poster . Internal deck not to interactions, including summarizing findings from Customer exceed 25 slides BDNs (PPT) Experience Journey interviews and . Templated to be workshops. provided at kick off Portfolio governance Synthesize and contextualize results into . Internal deck not to strategy (PPT) final outputs PPT (with interaction exceed 25 slides diagrams) . Templated to be provided at kick off Communications & A webpage highlighting the City of . Technology Awareness Tools Tukwila's Technology Roadmap. Also roadmap content to ( Webpage included: be provided by the Road ma p/Flyer/poster) - Print -Ready Flyer City of Tukwila - Print -Ready Poster 114 Single Page A single static webpage that walks Technology Services individuals through the steps needed to Internal/ external access city technology services, reflecting webpage the CXJ Supported Browsers and Devices • Limited to a single landing page • This SOW does not include the build out of subpages referenced in the Landing Page or customization of Fresh Services Page • It is assumed the subpages already exist and this effort will be to link said pages to the landing page or a Change Request (CR) will need to be submitted to cover additional pages This is a matrix of the devices and browsers that Indigo Slate will use for testing. The intention of this document is to clarify what is being supported for development to code toward. This is not to say that the products won't work well on other devices, but there may be slight differences in the experience based on any differences in the browser version, screen resolution, or OS level on those devices. These devices and browsers were selected based on their popularity and relevance as representative samples of what we believe most closely matches what is primarily being used. We are making the assumption that the latest version of each browser is being used on each platform. Mobile devices will be tested in portrait and landscape orientations. On the PC the assumed full screen resolution is 1080P. Both a full screen and windowed test will be performed on PC browsers. Desktop Lumia 909 Lumia 920 iPhone iPhone iPad Air Android 5 \5s 6+ Galaxy Alpha Windows Windows Windows iOS 9.x iOS 9.x iOS 9.x - Android 10 10 8.1 4.4 & 6.x Edge X X IE 11 X X Chrome X X Firefox X Safari X X X 115 2.2 Delivery Schedule Unless this SOW is terminated earlier, Indigo Slate shall complete and deliver all Work to City of Tukwila on or before December 30, 2016. The milestone delivery schedule for the Work, if applicable, shall be as follows: Milestone # Brief Description of Work to be completed by Indigo Slate and delivered to City of Tukwila Due on or Before 0 Kick-Off 10/11/16 1 Complete interviews 10/14/16 2 Final excel service catalog, overview deck of interactions, and portfolio governance strategy deck 10/28/16 3 Draft design for webpage, flyer, poster 11/11/16 14 All Deliverables - Final 11/29/16 3. Payment 3.1 Work Fees (choose one of the below) As complete and final payment for Work which has been completed and delivered by Indigo Slate to City of Tukwila and which has been accepted by City of Tukwila, City of Tukwila shall pay Indigo Slate: ❑ total fee not to exceed U.S. Dollars (USD) or M total fee not to exceed $88,000 U.S. Dollars (Eighty-Eight Thousand USD) in accordance with the following milestone payment schedule: Milestone # Not to Exceed Payment Amount 1 $40,000 2 $16,000 3 $16,000 4 $16,000 Total Fees $88,000 3.2 Expenses: (choose one of the below) ❑ In addition to the Work Fees above, City of Tukwila shall reimburse Indigo Slate up to US Dollars (USD) for pre-approved, reasonable and actual travel and travel-related expenses incurred by Indigo Slate in connection with the performance of the Work. All travel expenses hereunder are subject to City of Tukwila's review and the City of Tukwila Travel Policy and Indigo Slate must submit appropriate documentation evidencing expenses to be reimbursed. M 116 F7 Indigo Slate shall bear sole responsibility for all expenses incurred in connection with the performance of the Work, unless otherwise agreed to in writing by City of Tukwila 4. Other 4.1 Assumptions ■ City of Tukwila will establish a team of accessible IT and business stakeholders to ensure continuous information access and minimize potential rework. • City of Tukwila will provide requested information, meetings with stakeholders, resolution of critical dependencies, and feedback on draft deliverables in a timely manner. • English language support only. • Milestone timing is tentative based on a kickoff date of 10/12/2016 • Milestone dates will be reassessed and retimed upon receipt of a PO from City of Tukwila • Indigo Slate will participate in no more than 2 review meetings per deliverable. Should additional review cycles be required, a change order will be filed to accommodate them. • All the stakeholders responsible for approvals must clearly agree to timelines and roles during the project kick off meeting. • City of Tukwila will provide timely access to all the content and information required for the above deliverables. • The timeline will be dependent on availability of appropriate content, resources and information. • City of Tukwila will have the opportunity to perform one formal review of content outline and the full deliverables before finalization respectively. The feedback from City of Tukwila must be provided within 3 working days of Indigo Slate content submission. • All work will be performed at Indigo Slate. • This estimate includes only work effort required by Indigo Slate and Indigo Slate consultants to complete the statement of work. • Additional requests and updates will be addressed via the Change Management Process described below. • The content and deliverables are limited to US- English language only. • Existing content will be leveraged wherever possible in an effort to reduce costs. • Any costs for travel of Indigo Slate resources beyond the Puget Sound area is not included and will be passed through City of Tukwila with supporting receipts. In this event, every effort will be made to adhere to City of Tukwila's employee travel expense guidelines. 4.2 Change Management Process A change is defined as: • Work requested by City of Tukwila or identified by Indigo Slate beyond the scope of this Statement of Work • Modifications to deliverables previously reviewed and accepted by City of Tukwila 117 All changes identified by the Indigo Slate Project Manager will be documented in a Change Request. Change Requests are then reviewed for cost or schedule impacts. If a cost or schedule impact is identified, the Change Request is submitted to City of Tukwila for review and approval. A Change Request is only executed once it is approved (via signature of an authorized representative) by City of Tukwila. Once a Change Request is approved, it becomes an Addendum to this Statement of Work. 5. Acceptance / Authorization: Indigo Slate Name (Sign): City of Tukwila Name (Sign): Name (Print): Aaron Duggal Name (Print): Title: CEO Title: Date: Date: 118 One o"/, p/="'s"'t° +34 p 000'*sa+/z VI TA 0 YST ��n��~��ree�� _ "- � - _ Agreement This Support Services Agreement (the "&orea t") is entered into between Vba|yst, LLC, with offices at One Bala Plaza, Suite 434. Bala Cynwyd, PA18OO4("Vha|vst") and the entity identified below (the ^Qiont"). The Effective Date of this Agreement is the latest date shown on the signature lines below. Client Name: City ofTukwila Address: 6200 Southcenter Blvd. Tukwila, WA 98188 Mr. Joseph Todd Email Address: Jose ph. Todd g�)ITguk�wi �IaWA�. Phone: (206) 850-9656 Fees and Payment Terms Vitalyst will provide Client with the Support Services described in Attachment A in exchange for Client's payment of the fees identified in Attachment A and further described in Attachment B. Transition Management and Awareness Programs To ensure that appropriate knowledge transfer and call handling processes are documented and shared by Client with Vita|yst' Client agrees to participate in a Transition Management Prognam, as described in Attachment C. In the event that Vitalyst is required to travel to any of Client's facilities to conduct any Transition Management activity, Client will reimburse Vitalyst for its reasonable travel and living expenses. Incorporation of Terms This Agreement is subject ho the Vitalys General Terms and Conditions, which are attached hereto ea Attachment O and incorporated herein byreference. These General Terms and Conditions address, among other ihema, the invoicing pruo*dures, payment and purchase bannn, renewal provisions and other financial and legal issues applicable to this transaction. Any capitalized terms used in this Support Services Agreement shall have the meaning set forth herein or in the Vitalyst General Terms and By signing below. Client represents that this Agreement, including all Attachmonta, has received all necessary approvals and that it is authorized to enter into this Agreement. Client Contact for Invoices Vitalyst's primary Client contact for the submission of invoices is: Disputes regarding payment may be escalated byVita|ye in its discretion. This Agreement is entered into on the last date of signature below. Vitolyat,LUC By (Print Name) ____ Title: Signature: Suite 434 1 Bala Plaza Bala Cynwyd, PA 19004 Date: 2 Client:_____ By (Print Name): Tide:_______- Signature:____ Address: Date: ATTACHMENT SUPPORT SERVICES AND SERVICE ENHANCEMENTS Invoice Date Quantity F ees I Y �Notet; Dedicated Toll-Free Access . . .. .......... .. $1,728 Any units used beyond these 5,932 Account Setup Fee 1 -time Fee $5,000 units between the Commencement Date October 1, 2016 5,932 units $17,500 and January 1, 2017 will be invoiced at a rate of $2.95 per unit on January 2, 2017 Any units used beyond these 5,932 January 2, 2017 5,932 units $17,500 units between January 2, 2017 and March 31, 2017 will be invoiced at a rate of $2.95 per unit on April 1, 2017. Any units used beyond these 5,932 April 1, 2017 5,932 units $17,500 units between April 1, 2017 and June 30, 2017 will be invoiced at a rate of $2.95 per unit on July 1, 2017. Any units used beyond these 5,932 units between July 1, 2017 and July 1, 2017 5,932 units $17,500 September 30, 2017 will be invoiced at a rate of $2.95 per unit on October 1, 2017. Any units used beyond these 5,932 units between the Commencement Date October 1, 2017 5,932 units $17,500 and January 1, 2018 will be invoiced at a rate of $2.95 per unit on January 2, 2018 Any units used beyond these 5,932 January 2, 2018 5,932 units $17,500 units between January 2, 2018 and March 31, 2018 will be invoiced at a rate of $2.95 per unit on April 1, 2018. Any units used beyond these 5,932 April 1, 2018 5,932 units $17,500 units between April 1, 2018 and June 30, 2018 will be invoiced at a rate of $2.95 per unit on July 1, 2018. Any units used beyond these 5,932 units between July 1, 2018 and July 1, 2018 5,932 units $17,500 September 30, 2018 will be invoiced at a rate of $2.95 per unit on October 1, 2018. Infrastructure Servicei, Pricing Metric F ees I Y 1� '", V Notes, Dedicated Toll-Free Access Quarterly Fee $1,728 Billed at $216 per quarter Account Setup Fee 1 -time Fee $5,000 Billed at $3,000 per quarter After Hours Monitoring Feel Quarterly Fee $4,664 Billed at $583 per quarter Implementation Fe6s'�',' ,Pricing, etnc ,,,,,� M " IF ,ees,": , Transition Management Fee 1 -time Fee $2,000 Billed at $1,500 per quarter Account Management Fee Quarterly Fee $24,000 Billed at $3,000 per quarter Custom Reporting Fee Quarterly Fee $8,000 Billed at $1,000 er uarter Service Enhancement Bundle features are described in Section 2.C. of Attachment D - General Terms and Conditions. 121 Pricing Metric' I , 1 "j" Fees. " , Service Enhancement Bundle' Up to 2,500 Devices $12,000 Billed at $1,500 per quarter Service Enhancement Bundle features are described in Section 2.C. of Attachment D - General Terms and Conditions. 121 TM Licenses for up to 1,000 Annual Flat Fee (for two years, at Help Me kNow Hub $24,000 $12,000 per year); includes, Custom Users Video Tutorial Three Onsite Training Days Three Onsite Training Days of eight hours in length $9,600 Does not include Travel and Expenses3 each (at a per Trainer per Day cost of $3,200 Four Webinars with a Attendance limited exclusively to City of Four Lock -out Style Webinars duration of 60 minutes each $2,600 Tukwila employees (at $650 per Webinar) Out of pocket expenses will be billed as incurred and reimbursed by Client M 122 ATTACHMENT A (continued) "Initial Invoice Item Quantity Fees Notes'" Account Management Fee 1 $3,000 Quarterly Fee Service Enhancement Bundle 1 $1,500 Quarterly Fee Custom Reporting Fee 1 $1,000 Quarterly Fee After Hours Monitoring Feet 1 $583 Quarterly Fee Dedicated Toll -Free Access 1 $216 Quarterly Fee Total Initial Invoice Quarterl Fees $6,299 For first quarter Account Setup Fee 1 $5,000 One -time Fee; not on-going Transition Management Fee 1 $2,000 One -time Fee; not on-going Help Me kNow Hub TM Platform 1 $12,000 Up to 1,000 Users; first year Onsite Training Days 3 $9,600 Does not include Travel and Ex enses3 Four Lock -out Style Webinars 4 $2,600 60 Minutes each Total Initial Invoice Training Services and One -time Fees $31,200 Includes value add eReference'Guides' (2 titles), a Custom Video Tutorial, Single- Sign -on service and basic customization for Help Me kNow Hub TM Platform, Total Initial Invoice 37 499 ............_ 47,456 units or quantity of $140,000 or Fees due for Support Units utilized during the Support Units Support Units utilized durin the Original Term Original Term, whichever is greater Infrastructure Fees 8 $11,392 Implementation Fees 8 $34,000 Service Enhancement Bundle 8 1 $12,000 Training Services Various, see above 1 $36.200 Total Original Term Fees 5 123 ATTACHMENT FEES AND CHARGES FOR LIVE SUPPORT Live Support — Live Support is provided during standard Support hours of 8:30 a.m. to 8:30 p.m. Eastern Standard Time, Monday through Friday (excluding Vitalyst holidays), will be provided at a rate of one unit per minute. After Hours Support - Unit charges for Live Support provided by Vitalyst outside of its standard support hours -- 8:30 a.m. to 8:30 p.m. Eastern Standard Time, Monday through Friday -- will be calculated at a 25% premium to the methodology as detailed in paragraph 1 above. 1.1 124 PhnCP ATTACHMENT C TRANSITION MANAGEMENT PROGRAM expectat Account set -up documentation reviewed Key topics include: • Escalation & misdirect procedures • Customer verification information • Data needed for reporting • Customized greeting Vitalyst to deliver toll -free number i Vitalyst 4 -5 Weeks . �.n.�, ......,�,..�,,,.,,��.�...m. .._.�...... F * Before Completion of Baselines & Data I Launch Extract i Client • Establish Phone Menu Option 7 125 .. ., w ._,.. _ ,... ,, .. ...... and i Communication delivery plan is scheduled. b Operational Transfer End -User Key awareness messages: Announcement '2 -3 Weeks Creation of Email Vitalyst . /Explanati Education and I on of service Before � announcement series � Awareness •Availability of services and Launch - i 1 service level expectations i • Direct access via new phone menu option 7 125 Operational Stewardship 126 ATTACHMENT D GENERAL TERMS AND CONDITIONS These General Terms and Conditions ( "General Terms ") apply to and are included as a part of the Support Services Agreement between Vitalyst, LLC ( "Vitalyst') and an entity which has entered into such Support Services Agreement with Vitalyst (a "Client'). Capitalized terms used in these General Terms by not otherwise defined shall have the meaning prescribed in the Support Services Agreement. The Support Services Agreement (which may also be referred to as the "Agreement') includes: (i) any exhibits or attachments to the Agreement; and (ii) any amendment or addendum to the Agreement which is subsequently entered into by the parties. The term "Support Services Agreement' or "Agreement' shall in all cases include these General Terms and Conditions unless the context dictates a reference to a provision or term contained in, or an attachment to, the Support Services Agreement. 1. Services. Client is engaging Vitalyst to provide Client and its Affiliates (defined below) with support services ( "Support' or "Support Services ") for software and technology products which are then - supported by Vitalyst (the "Applications "). An "Affiliate" shall be any entity which is controlled by, controls, or is under common control with Client and which is bound by the terms and conditions of this Agreement (including the terms of Section 8 below). The Support Services provided by Vitalyst include: (i) providing managed help desk services which include password reset and account unlocks, workstation support, remote access support, triage /incident management services, and custom application FAQ support; (ii) evaluating and working to diagnose or trouble -shoot problems encountered by Client in the use of any Application; (iii) addressing other questions or issues posed by Client regarding any Application to the extent within the general knowledge and experience of Vitalyst; and (iv) providing various service- related enhancements and such other services as described herein or in the Support Services Agreement. Certain specific Support Services made available to Client, and a representative (but not exhaustive) list of the Applications then - supported by Vitalyst, are specified in an attachment to the Support Services Agreement. Client is responsible for the procurement, operation and maintenance of the Applications and for ensuring that they are appropriately licensed to facilitate the provision of Support Services contemplated hereunder. 2. Charges. Various Support Services provided by Vitalyst are described below. Client shall be charged for Support Services in accordance with the methodology described below and at the fees set forth in the Support Services Agreement. In the event that Vitalyst agrees to provide any Support Services other than those described below, they will be provided at the fees set forth in the Support Services Agreement. Many of the Support Services offered by Vitalyst are priced based on the number of "units" associated with the provision of such service. Units are charged to a Client either (i) for a Support Service made available by Vitalyst over a specified time period, such as quarterly, or (ii) for the amount of time expended by Vitalyst in the provision of the Support Service at issue. Client pays for all unit -based charges through the purchase of a committed "Support Plan" which provides Client with a specified number of units which may be "consumed" during a specified time period (hereafter referred to as the "Term of Units "). As used herein, the terms "fees" or "charges" may be calculated on either a unit -based or dollar -based basis, and may be one -time, periodic or recurring, as so specified in the Support Services Agreement. A. Core Service. Live Support is a "Core Service" provided by Vitalyst and is charged at the fees set forth in the Support Services Agreement. Live Support - Vitalyst will provide "Live Support" to Client by means of telephone assistance, Application - related research, and diagnostic analysis. Additional charges will apply for Live Support provided by Vitalyst outside of its then - current standard support hours and will be calculated at a premium to the rate charged for Support provided during standard support hours. The applicable charges, then - current standard Support hours and after -hours rate will be as specified in the Support Services Agreement. 127 B. Infrastructure Services. The following Support Services shall also be provided to Client at the fees set forth in the Support Services Agreement. I. Dedicated Toll -Free Access — Each client accesses the Support Services via unique toll -free number, provided to Client by Vitalyst. II. Account Setup — Vitalyst will provide account activation, screen and PBX programming, testing and other start-up services. III. After -Hours Monitoring. For Clients who may request Support after standard Support hours, Vitalyst will set up, monitor and maintain after -hours Support. C. Implementation Services. I. Transition Management - Prior to commencing Managed Help Desk Services with Client, Vitalyst will dedicate a transition management team, consisting of an Account Manager and Service Operation Manager, which will work with internal IT leadership to establish a mutual, measurable definition for success in the partnership. The transition management team will also work directly with Client toward a knowledge transfer process which will provide the necessary information to the Vitalyst management and training team which will be responsible for the success of the partnership. II. Account Management Services — Vitalyst will provide a named Account Manager to be assigned to Client's account and responsible for managing the partnership, assuring all goals are met, and maintaining open lines of communications. III. Reporting — Vitalyst will provide standard call reports on a monthly basis that will include all of Client's call volume data from the previous month, including customer name, problem statement, resolution summary, and other details as required by Client. D. Service Enhancements. The services described below (each a "Service Enhancement ") are provided by Vitalyst as enhancements to the Core Service for additional fees. Unless otherwise set forth in the Support Services Agreement, the Service Enhancements will be provided during the Original Term and for each Renewal Term (defined in Section 3 below) of the Support Services Agreement. I. Call Abatement — Following the end of each month, Vitalyst will identify for Client a list of that month's most frequent Client callers, perform analysis to identify usage patterns, and provide web -based multimedia tutorials to Client aimed at abating Client's future need to place repeated support calls on the same issues. II. Client Data Extranet — Client will be granted remote access over the Internet to reports or other displays which allow the Client to view certain call activity on its account. III. Customized Greeting — Vitalyst will begin each client - initiated support call by incorporating into its opening greeting the client's chosen name to effectively integrate Vitalyst's service behind the Client's Help Desk. IV. eSupport — Client will be granted remote electronic access to Vitalyst's network to enable screen sharing with the technician. V. "Key User" Notification — Vitalyst will pre - program into its system the names, titles, and email addresses of end -users within Client's organization that Client selects for priority call handling from Vitalyst. Vitalyst will promptly notify Client's Help Desk after a key user has contacted Vitalyst with a Support question and /or promptly notify the Client's on -duty Help Desk Manager for calls to Vitalyst from key users that require Client's Help Desk intervention. 10 1 VI. Instructional Video Clips — At the conclusion of each Support call, Vitalyst may (if it believes it to be helpful in that circumstance) provide one or more "Instructional Video Clips" (gonona|k/, web-based multi-media tutorials) aimed at reinforcing Client's comfort level surrounding the support call's subject matter. These Instructional Video Clips are designed to reduce the Client's future need to place related Support calls. 3. TRAINING SERVICES. The training services made available to Client bvVlha|yst under this Agreement are those services expressly specified in Attachment A, as described in more detail below (each a "Training Service"). A. Help Me ANmvv Hub Platform. The Vita|yst Help Me kNow Hub (also referred to herein as the ^Hub^)isa web-based service provided via subscription. The Hub provides web-based access to over 1O0.00O videos and tips geared toward helping end-users become more productive and proficient with their software applications and devices. The Hub allows for each individual to customize their experience through language optiono, displayed app|imadons, and favorite content. The Hub may be accessed via the Vita |yat-designoted website and contains videos in both Flash and K8P4formats. Services, features and/or content that may bo accessed in the Hub are comprised nf the following: • Includes over 100.000 total videos ranging from 2 minute quick tips to 1 hour training courses • Contains over 50.000 videos translated into various non-English languages including: Spanish, French, German, Italian, and Chinese. • Offers thousands of text-based tips and tricks for commonly faced application and device issues • Ability to enroll in instructor-led webinaro • Offers multiple channels for end-users to access live support services • Ability to request support call regarding a particular question or topic • Ability to oa|| for support via computer • Ability to initiate real-time chat session • Ability to e-mail o question and schedule acall-back While the Hub may fan|baba access to webimare, phone support, chat sessions and nUhorVitulyo support services described above, such support services will be provided at additional fees as described under separate agreement. B. Help Me kNovv Hub Cuahornizationa To the extent specified in Attachment A, the following custornizations are available and included in the subscriptions fees for the Help K8ekNovvHub: • Client Logo • Restriction of certain applications not desired byclient • Contact Methods for Live Support service, including chat, click to ca||, and email • Contact information for Live Support Service • Tips &Tricka knowledge articles listed for quick reference C. Single Sign On. To the extent specified in Attachment A, Vita|yotwi|| provide integration of single sign-on capability in connection with Client's use of the Hub. 11 D. Certain Terms and Limitations Regarding Use of the Hub. Client is purchasing a subscription to access the Hub (including any customizations and /or single sign on functionality) for an initial term (the "Original Subscription Term ") as specified in Attachment A. Vitalyst will make the Hub available to Client on a remote access, subscription basis via the world wide web for use in support solely of the internal business operations of Client and its Affiliates. If not otherwise specified in Attachment A, the Original Subscription Term is for a one (1) year period from the Effective Date. Client's subscription to the Hub will automatically renew for consecutive renewal terms (each a "Renewal Subscription Term ") equal in length to the Original Subscription Term unless either party notifies the other party in writing of its intent to terminate this Agreement at least thirty (30) days prior to the expiration of the then - current term. Additional subscription fees will be charged for each Renewal Subscription Term at the fees set forth in Attachment A, as such fees are adjusted by Vitalyst from time to time in accordance with the "Updated Pricing" provision of these General Terms. The annual subscription fees are based on a maximum number of Client end users ( "Users ") of the Hub, which limit is specified in Attachment A, and Client may not use the Hub beyond this usage limit without the parties first agreeing upon and documenting the purchase of additional User rights from Vitalyst. E. Webinars. To the extent specified in Attachment A, Vitalyst will make available certain web - based training classes ( "webinars ") which are delivered by Vitalyst remotely over the internet via a web - conference utility provided by Client. Client may choose a class from the then - available Vitalyst course library (customization of a course would be priced separately by Vitalyst and require payment of additional fees). Each Class will be approximately 60 -90 minutes in duration and will be delivered in business English. Access will be provided to webinars pursuant to Vitalyst's applicable policies and protocols. F. Additional Training Services. Additional Training Services provided by Vitalyst may include (i) instructor led training delivered onsite at Client locations; (ii) instructors onsite at Client locations to provide floor coaching to Client's employees; and /or (iii) other training services then offered by Vitalyst. To the extent additional Training Services are purchased by Client pursuant to Attachment A, Vitalyst will provide those Training Services to Client in accordance with the terms of Attachment A and these General Terms. G. Scheduling. All Training Services (other than the Hub, for which activation information will be provided by Vitalyst to Client) must be scheduled and confirmed by Client at least twenty (20) business days prior to the start date of the requested training. The Client will confirm and provide the training location for all onsite Training Services no later than ten (10) business days for domestic and fifteen (15) business days for international prior to the start date of the training. Client will schedule a minimum of two (2) consecutive training days for any onsite, instructor -led Training Services. Isolated, onsite training days will be charged a thirty percent (30 %) premium. H. Cancellation and Rescheduling. Cancelling or rescheduling confirmed Training Services within fifteen (15) business days will result in a charge to Client of fifty percent (50 %) of the total fees for the canceled or rescheduled Training Services. Any such fee charged will not be applied to the price of rescheduled Training Services. Cancelling or rescheduling confirmed Training Services within ten (10) business days will result in a charge to Client of the total fees for the canceled or rescheduled Training Services. In all such events, Client will be responsible to pay for any non - refundable travel expenses associated with a cancellation or rescheduling of Training Services within the windows specified above. I. Travel and Expenses. Client shall be responsible for all costs related to travel and expenses incurred by Vitalyst in relation to carrying out the Training Services described herein. J. Customized Curriculum. Any customization of the training curriculum must be finalized at least ten (10) business days prior to the start date of training. Customizations that are not finalized at least ten (10) business days prior to the start date are not guaranteed to be implemented during the training. 12 130 K. Expiration of Certain Training Services. For Training Services other than the Hub (including webinars and onsite Training Services), such Training Services must be used within one (1) year of the date of purchase (for the Training Services purchased in Attachment A, 1 year from the Effective Date) or they shall expire without any right of refund. 4. Purchase of Units and Term. A. Original Term. The Support Services Agreement will become effective and binding upon execution of that Agreement by both parties as specified therein (the "Effective Date "). The "Original Term" for the provision of Support Services shall commence upon the sooner of six weeks from the Effective Date or the date of the first Support call placed by Client to Vitalyst ( "Commencement Date ") and shall continue for a period of 730 days for a minimum of 47,456 units. B. Renewal Terms. This Support Services Agreement will automatically renew beyond the Original Term for consecutive renewal periods for a time period in each instance equal to the lesser of (i) the Term of Units for the Units; or (ii) 730 days, unless either party notifies the other in writing of its intent to terminate not less than 30 days prior to the expiration of the Original Term or, for any Renewal Term following the Original Term, not less than 30 days prior to the expiration of the then - current Renewal Term, The Original Term and any and all Renewal Terms will constitute the "Term" of this Agreement; provided, that the Term shall be reduced if this Agreement is terminated for cause under Section 12 below. Fees and Payment Terms. A. Fees and Invoicing. Vitalyst will invoice Client for all one -time dollar -based fees due under the Support Services Agreement upon execution of the Agreement. Vitalyst will invoice Client for Support Units based on the invoicing schedule in Attachment A. For all dollar -based fees due quarterly or on any other recurring basis under the Support Services Agreement, Vitalyst will invoice Client on a recurring or periodic basis in advance as specified in the Agreement (if the periodic basis is not otherwise specified, it shall be due quarterly), with the first such invoice issued on a pro rata basis for the period between execution of the Support Services Agreement and the end of the then - current calendar quarter or other applicable period. For any other fees or expenses incurred by Vitalyst in the provision of Support Services, Vitalyst will invoice Client as otherwise specified in these General Terms or the Support Services Agreement or, if not specified, on a monthly basis in arrears following delivery of the Support Services at issue or the incurring of the applicable expense. All payment obligations are non - cancelable and all amounts paid are non- refundable. B. Payment Terms. All invoices are due and payable in full within 30 days of issuance by Vitalyst. Invoices not paid by their due date shall be subject to a 1.5% per month interest fee, or the maximum extent allowed by applicable laws, whichever is less, on all past due balances. This late payment fee may, in Vitalyst sole discretion and at its election, be converted into a corresponding number of units at then - current pricing and Vitalyst may then debit Client's then - unused units by this converted amount. In the event Vitalyst incurs additional fees as a result of any collection activity for unpaid fees, Client shall reimburse Vitalyst for any and all such fees. 13 131 C. Method of Payment. All fees shall be paid, at Client's election, either by means of: (a) a Client check payable to Vitalyst, LLC; (b) an Automatic Clearing House ( "ACH ") transfer to a Vitalyst bank account (account instructions will be provided by Vitalyst if Client elects to utilize this method of payment). If Client wishes to pay by any other means (such as by credit card), it may notify Vitalyst in writing of its request and may only utilize such other payment method if and to the extent approved in advance in writing by Vitalyst. In this regard, alternative payment methods may require payment of additional fees to Vitalyst (for example, Client may be required to reimburse Vitalyst for applicable transaction fees for certain alternative payment methods). D. Taxes. Fees due to Vitalyst do not include taxes and Client shall promptly pay all taxes, or promptly reimburse Vitalyst for any taxes required to be paid by Vitalyst, to the extent such taxes are in connection with the Support Services Agreement or any Support Services or deliverables provided thereunder; provided, however, that Vitalyst shall be responsible for taxes imposed on its net income or capital stock. 6. Vitalyst Performance. Vitalyst will provide the Support Services in a professional and workmanlike manner. In the event such Support Services are not performed in accordance with this standard and Client promptly notifies Vitalyst of the non - compliance, Vitalyst will re- perform the non - conforming Support Services, at no additional cost to Client, to correct any deficiencies. In the event Vitalyst remains unable to provide the Support Services in accordance with these standards after repeated efforts, then Client's sole remedies shall be: (i) to recover the fees paid to Vitalyst for the un- remedied, non - conforming Support Services, subject to the aggregate liability limits set forth in Section 13 below; and (ii) if the non - conformance is material, to initiate termination of this Agreement pursuant to Section 12 and, to the extent this Agreement is terminated, obtain a refund as of the date of termination for any pre -paid fees for unused Support Services. 7. Confidential Information. Confidential Information is non - public information of a party which is provided to the other party hereunder and which is maintained as confidential by the disclosing party. A party receiving Confidential Information may use it only for the purposes for which it was provided and may not disclose it to any third party unless such third party has "a need to know" the information and is bound by the confidentiality and limited use restrictions set forth in this Agreement (including the licensing restrictions and other requirements in Section 8 which apply to Deliverables). Without limitation, Confidential Information of Vitalyst includes the Company Information (defined in Section 8 below), the Company's other intellectual property, any and all pricing information and metrics related to its services and offerings, information about employees and customers, information about business, product or marketing strategy, and information regarding the company's practices and methodologies utilized in the delivery of Support Services. Confidential Information of Client includes non - public information regarding Client's employees, customers and contractors (including "Client PII" as defined in Section 7 below) and non - public information regarding its financial health and its business, marketing and product strategies. Confidential information does not include information that: (i) is or becomes known to the public without fault or breach of this provision; or (ii) the owning party regularly discloses to third parties without restriction on disclosure; or (iii) the is received from a party other than a party to this Agreement without restriction on disclosure and without breach of a non - disclosure obligation. The obligations of this provision shall survive termination of this Agreement for so long as the owning party treats the item at issue as confidential. Provided, Client and Vitalyst recognize that Client is a public entity, subject to various public disclosure laws. The provisions of this Section shall not apply to any information that the Client determines is subject to release under state or federal law, including the Washington State Public Records Act, or legal discovery. 14 132 8. Personally Identifiable Information. In the course of the provision of Support Services, Client may from time to time provide Vitalyst with certain personal identifiable information of Client's employees, contractors and /or customers that is regulated by various state and /or federal laws and regulations ( "Client PII "). Vitalyst represents that it maintains appropriate data security measures, including a written information security policy, to protect Client PH in a manner consistent with the requirements of all state and federal laws and regulations which apply to Vitalyst's handling of Client PH in the course of providing Support Services hereunder ( "Applicable Laws "). Further, consistent with the requirements of Applicable Laws, Vitalyst shall, for so long as it retains Client PH: (i) maintain the confidentiality of Client PH as set forth in Section 6 (Confidential Information) of this Agreement; (ii) limit access to Client PH to Vitalyst's employees, agents and subcontractors who need access to Client PH to fulfill Vitalyst's obligations hereunder and who agree to abide by the same restrictions that apply to Vitalyst with regard to such Client PII; and (iii) implement appropriate administrative, technical and physical safeguards designed to ensure the security or integrity of such Client PII and help protect against unauthorized access to or use of such Client PII. Client will maintain appropriate data security measures, and implement security policies and practices, as necessary to protect Client PH in a manner consistent with the requirements of all state and federal laws and regulations which apply to Client. Client will implement practices and policies designed to limit the provision of Client PH to Vitalyst to those instances where such Client PII is necessary for the effective provision of Support Services from Vitalyst and, in such instances, Client shall ensure that the Client PH is transmitted or made available in a form or manner which complies with all applicable laws and regulations. 9. Intellectual Property Rights; License Granted to Client. a. Intellectual Property Rights. Each party shall own all rights in and to: (i) its proprietary intellectual property which it developed or otherwise owned prior to the execution of this Agreement; (ii) any proprietary intellectual property which it develops independently of the Support Services and Deliverables provided hereunder; and (iii) its proprietary data. Client agrees that, except for proprietary information rightfully owned by a third party, Vitalyst shall own all rights in and to any methodologies, deliverables, work product and other intellectual property ( "Company Information ") created or provided by Vitalyst in the course of, or in connection with, the delivery of Support Services under this Agreement. b. License Granted to Client. Company Information which provided by Vitalyst as a deliverable for Client's use as part of the Support Services provided hereunder shall be referred to as a "Deliverable ". Vitalyst grants Client a non - exclusive, non - transferable license to allow use of each Deliverable by employees, Affiliates and Authorized Agents (defined below) of Client solely in support of Client's (or, where applicable, its Affiliates') internal business operations. This license is perpetual, except that third -party owned Deliverables or portions thereof are licensed for use for the Term hereof. Client, its employees, Affiliates and Authorized Agents are prohibited from: (i) distributing or disclosing any Deliverable to any third party or using any Deliverable to provide services to, or for the benefit of, a third party; or (ii) using or relying upon a Deliverable to develop any service or product similar to those then offered by Vitalyst. All rights not expressly granted herein are reserved by Vitalyst. C. Authorized Agents and Affiliates. An "Authorized Agent" is a third party agent or contractor of Client which supports Client's business operations. An "Affiliate" is defined in Section 1 above. Client shall be responsible and liable: (i) for the conduct of each Authorized Agent and Affiliate; (ii) for ensuring that each Authorized Agent and Affiliate is aware of and complies with the terms and conditions hereof and, in particular, is bound to maintain and limit use of Vitalyst's Confidential Information and Deliverables as required under the terms of Sections 6, 8(a) and 8(b) above (including limiting use of Deliverables to the support of the internal business operations of Client or its Affiliate); and (iii) for ensuring that Vitalyst shall not be liable to any Authorized Agent or any Affiliate for any damages of any kind relating to the Support Services or this Agreement. Affiliates and Authorized Agents may not be competitors of Vitalyst. 15 133 10. Access Security; Employee List. Client shall be responsible for maintaining the security of the unique toll -free phone number provided to Client for use by its employee end - users. This access number shall be considered Confidential Information and, as a result, Client shall ensure that such number is shared only with those then - active employees, Authorized Agents and Affiliates who are authorized to utilize the Vitalyst Support Services. Vitalyst may retain and use, for the purposes of educating and delivering Support Services to Client, any e -mail address or other relevant contact information provided to Vitalyst by any employee, Authorized Agent or Affiliate. The provisions of this Section shall not apply to any information that Client determines is subject to release under state or federal law, including the Washington State Public Records Act, or legal discovery. 11. Non - interference with Employees. Client and Vitalyst agree that neither party (nor any Affiliate) shall directly or indirectly solicit for employment, hire, employ or retain (as an employee, independent contractor, consultant, subcontractor or otherwise) any person employed by the other party during the term of this Agreement or within a period of two (2) years following expiration or termination of this Agreement without the prior written consent of the other party. Notwithstanding the above, it shall not be a violation of this provision for a party to hire a former employee of the other party whose employment terminated more than six (6) months prior to being hired. 12. Termination. This Agreement shall remain in effect unless it expires in accordance with the terms of Section 3 above or is terminated for cause in accordance with this provision. A party has the right to terminate this Agreement for cause if the other party breaches a material provision of this Agreement and, following written notice of the breach, fails to cure the breach within thirty (30) days thereafter. In addition to its right to terminate the Agreement in its entirety and seek collection of all past -due fees, Vitalyst, in its sole discretion and without further notice to Client, may suspend or reduce its performance of the Support Services in the event that Client fails to cure a payment breach within ten (10) days of written demand for such payment. Following termination hereof, the parties shall cease using all Confidential Information and materials provided by the other party, and shall return all of the other party's Confidential Information to such other party. Without limitation, Client shall pay all fees incurred for Support Services provided up through the effective date of termination. 13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY WITHOUT LIMITING ITS OBLIGATIONS TO PERFORM SUPPORT SERVICES AS REQUIRED HEREUNDER, VITALYST DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE AGGREGATE AND CUMULATIVE LIABILITY OF VITALYST AND ITS AFFILIATES AND SUPPLIERS FOR ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES THAT CLIENT PAID TO VITALYST HEREUNDER DURING THE ORIGINAL TERM HEREOF. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL VITALYST, OR ITS AFFILIATES OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER OR NOT VITALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 14. Miscellaneous. If any provision of this Agreement is determined to be invalid or otherwise unenforceable, such provision will be deemed deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect as written. Waiver of any provision hereof in one instance shall not preclude enforcement thereof on future occasions. 16 134 15. No Assignment. Except as set forth below, neither party may assign this Agreement, or any rights or obligations hereunder, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. However, either party may assign this Agreement without the other party's consent: (a) to an Affiliate (i.e., any entity controlling, controlled by or under common control with a party), or (b) to the surviving entity in the event of a merger, acquisition, divestiture, consolidation or corporate reorganization and to any entity that acquires all or substantially all of its assets or a controlling interest in its stock; provided that the assigning party shall provide written notice to the other party as soon as legally practicable after the assignment. Asa condition of any assignment, this Agreement will be binding upon the permitted assigns of the parties and the assigning party shall so ensure that its assignee is bound hereby either by written agreement or by operation of law. Client understands that certain of Vitalyst's fees are conditioned on the use of Support Services for a specified number of users, devices, employees or other metrics. In the event that Client's assignee wishes to use any such Support Services beyond the applicable limitations, it shall pay additional fees based on Vitalyst's then - current prices. 16. Force Majeure. Neither party will be liable to the other for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including Acts of God, acts of war, accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance. Force Majeure events shall include power outages, delays caused by the unavailability of telephone or other telecommunication systems and failures or defects in third party software, hardware, multi -media work product, equipment or other items. 17. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the Washington. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State Courts of Washington or in the Federal District Court for the Western District of Washington, and that such courts shall have exclusive jurisdiction over the parties and any matters arising hereunder. 18. Updating Pricing. Unless otherwise specified in the Support Services Agreement, Vitalyst may increase its fees and unit -based charges due from Clients once each calendar year and will reflect any adjusted fees in the Client's next invoice; provided, however, that no annual increase may exceed a percentage increase over the prior year's fees equal to the Percentage Change in the Consumer Price Index plus five percent (5 %); provided, that in no event shall the percentage increase allowable for any year be less than zero. The "Percentage Change in the Consumer Price Index" shall mean the annual percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items (1982 -84 =100) (the "CPI -U Index ") when measured over a twelve (12) month period which ends in the month which is as close as administratively practicable to the first month of the effective date of the increase. Authorized changes to the Support Services provided to Client may result in additional fees. 19. Notices. Except as otherwise expressly provided herein, all notices hereunder shall be in writing and shall be delivered to the party's representative identified in the Support Services Agreement (or if none identified therein, to the party's CFO) at the address set forth therein. All notices shall be delivered in person or sent via United States first class postage pre -paid, certified or registered mail, or sent via a nationally- recognized traceable shipping services (e.g., FedEx or UPS). All notices will be deemed effective upon receipt or, alternatively, upon refusal to accept a written notice sent in accordance with the above. 20. Contract in Entirety. This Support Services Agreement (including these General Terms and Conditions) sets forth the entire understanding and Agreement between Vitalyst and Client and supersedes any prior or contemporaneous oral or written communications, understandings, agreements or representations. This Agreement may be modified only by a written amendment duly signed by both parties. 17 135 136 Tukwila City Council Committee. nf the VVhWoMinutes September 26, 2016 Page 7 of 10 She suggested a number of potential topics that could be associated with community engagement: -NavigadngtheCit/apennitprocess -Emergenuyprepanedness -TheTukmi|ayWunkjpa|CodeandCodeEnfornamentproAnam - Reasonable housing conditions and landlord/tenant rights -VVmvstosoekasnistancevxithhousinganduU|ih/costs - Matching people with jobs - Building relationships with Police and Fire 8:28 p.m. Councilmember Hougardy exited the Council Chambers. 8:31p.m. Counci|rnemberHougardy returned to the Council Chambers. 8:33 p.m. Counci|member Quinn exited the Council Chambers. 8:34 p.m. Cnunoi|monnber Quinn returned to the Council Chambers. Councilnnennbnr Kru||er referenced current salaries and benefits of staff in the Mayors OMioe, noting the number of employees out of those 16 staff members with salaries over $100,000. Sheoskedfor information on how the current number of staff and salaries compare to 5 years ago. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE UPCOMING COUNCIL BUDGET PROCESS. e. Technology Services budget: Counui}member Seal introduced the discussion onthe 2017-2018 budget for Technology Services. (1) Technology Services 2O17-2U18 budget, and (2) Request for additional budget authority in 3016 to implement the Technology Services Department strategy and vision. —~ Joseph Todd, Technology Services Director, stated they are proposing budget increases of $362,980 in2O17 and $328.Q8O for 2818 (over the 2O1G budget) as detailed on page 147of the agenda packet. These technology investments are aligned with recommendations from the Moss Adams report and assessment and from the departmental Strategic Plan, including: ° Transition of on-premises services to the cloud to ensure redundancy and scalability of infrastructure. • Equipment for network redundancy. • Transition of help desk support hoan outside company to allow staff time bz focus onkey software roll-outs in Community Deve|opment(DCD). Parks& ReoreaUon, Po|ine, Fire and Public Works. • Integration of the City's GIS warehouse to support several new systems including the Spillman records management system for Police, an on-line reservations and management system for Parks &Recreation, and on-line permitting for DCO. Page 147 of the agenda packet details changes relating to salaries and benefits. These include a new Business Analyst position (funding to come from the vacant Deputy Public Works Director position), increasing a half-time IT specialist for the Police Department to a full-time position, and transition of the GIS specialist from the Public Works Department to Technology Services. Counci|nember Quinn noted the change in focus to high-level technology work and how that impacts the responsibilities of staff in that department. Mr. Todd referenced a recent assessment of the City's cell phone plan conducted by Eric Compton in Technology Services, which resulted in cost reductions for the City. That analysis process also ai|ovvad the City to identify ways to support the school district through IT services, such as providing Wi-Fi access for their after-school program services. Through the connection developed by the City with Verizon, the school district has a way to purchase devices that will extend students' ability to acceasVVi-Fi in their honnms, with the City providing IT support, Tukwila City Council Committee of the Whole Minutes September 26, 2016 Page 8 of 10 Counci|member Quinn asked about the progress related to redundancy and equipment needs to avoid disruptions inservice. Mr. Todd explained that storage costs are being shifted tncloud-based applications, which pushes the redundancy costs, back-upsnndoatohinQtuthovondorwhi|othaChx pays for consumption (through Microsoft Azure and Amazon cloud services). He referenced epiece of infrastructure used by the City that controls every piece of the network that comes into the City for Fire and Police personnel. Two months ago that piece--achaseis--fai|ed. which affected the City's phone system, internet access, and access to vital Fire and Police information. A redundant chassis /s needed for tai\ovar for that particular system. Discussion byCnunoi|mernbnnsincluded: ° Interest is seeing a list of what the City is receiving for these on-going costs ($300,000 per year) to sustain the system on an annual basis, and not just discussing this expense during budget ° Information technology takes a combination of equipment and people and is becoming more complex and more expensive, particularly aak relates to risk reduction. • Recognition that there is a degree of sticker shock at the costs, while also understanding there is a need to catch up and recognize this iu the "new norma|.^ • Services such as on-line booking of Parks & Recreation programs are something the public is asking for. Coumci\memberKru||er suggested the Council receive a quarterly report on specific tangibles related to the Technology Services budget. She would like ho see information on how the changes translate into o benefit to the community, cost savings and increased productivity. She also asked about the out-sourcing of commodity work, as the 2014 Moss Adams report recommended out-sourcing the high-level items, and this proposal seems to be the inverse of that in some cases (pages 155-1G1of the agenda packet). She would like to know the value (cost benefit) for the shift from some of the recommendations in that report, such as a quantification of the decision to out- source thehe|pdeskfunotion. Mr. Todd stated that during a recent discussion with a representative of Moss Adams they were supportive of the proposed direction. Several Councilmembers; commented on the amount of staff time that would be required to detail the cost implications associated with items listed in the Moss Adams report. Councilmember Kruller requested confirmation that the report requested on specific tangibles in the Technology Services budget be provided ona quarterly basis. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE UPCOMING COUNCIL BUDGET PROCESS. REPORTS a. Mayor Mayor Ekberg reported that Ron Corrigan was recognized by the Delta Masonic Lodge eaoutstanding police officer of the year for his investigative work in the Detectives unit. He attended the ribbon-cutting ceremony on Interurban Avenue nn September 23`2D1S. Mr. Ekberg noted that staff has been working with developers and property owners to bring affordable housing to the City. He reported that today a developer announced they are working with a property owner at 148th and Interurban Avenue to develop housing that will fall within the SO percentile. The developer is Bellwether Housing, and this will bethe company's first endeavor outside nf the Seattle city limits. �� ciry or" - - Attan Ekberg, May w Mayor's David .� / �,. The City of opportunity, the community of choice TO: Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: October 12, 2016 SUBJECT: Report for October 17, 2016 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. I. Intergovernmental Update • Tukwila Selected for Legacy Program: The Center for New Urbanism has selected the Tukwila International Boulevard project for their Legacy Program. The Legacy Program is a three day onsite workshop where national leaders in architecture, planning, placemaking and revitalization partner with local teams to generate designs and strategies for a particular project. • Port of Seattle Tour of Tukwila: Mayor Ekberg, City Administrator David Cline, and Business Relations Manager Brandon Miles provided a tour of the City to Lance Lyttle, Manager Director at SeaTac Airport. The tour included Allentown, Boeing Access Road, Tukwila South, and the Strander connection project. • Seattle Chamber Lunch: Soundside Alliance, which Tukwila helps operate, sponsored a table at the annual meeting of the Seattle Chamber. Councilmembers Hougardy and Duffie joined David Cline, Brandon Miles, and Laurel Humphrey at the lunch. Also at the Soundside table was Bob Edgar, Deputy Mayor from the City of Burien and Andrea Reay, CEO /Present of the Seattle Southside Chamber. • 23rd Annual Affordable Housing Conference: Mayor Ekberg and Human Services Manager Evie Boykan attended portions of the 23rd Annual Affordable Housing Conference held in Tacoma and sponsored by the Washington State Housing Finance Commission. • King County City Manager /Administrator Meeting: City Administrator David Cline hosted the monthly King County City Manager /Administrator meeting on October 5. Presentations included an update from AWC on their Legislative Agenda and Interim Work, an update about all of the ballot measures in King County that will be included on the November ballot, an update about the Washington City /County Manager's Association Strategic Plan and an update from the Sound Cities Association. Tukwila City Hall . 6200 Southcenter Boulevard » Tukwila, [ETA 98188 ,.200- 433-1800 . Website. TukwilaG A.gov 139 City Administrator's Report October 12, 2016 Page 2 II. Community Events • Transportation Open House: The Tukwila Transportation Demand Management (TDM) Team hosted a Transportation Open House at Sound Mental Health East on September 28. The ORCA -To -Go mobile sales unit and ORCA Liftjoined us to provide easy access to transit fare cards. The TDM Team in partnership with Hopelink Mobility Management also provided transportation route and general information to those who attended. • 2 °d Annual Socktoberfest: The 2nd annual Socktoberfest, benefitting the Spirit of Giving Campaign, took place on October 1 at Foster Golf Links. Over 50 runners and walkers participated and over 400 pairs of socks were donated. • Cascade View CARE Night: Recreation and Human Services Staff participated in Cascade View's highly attended CARE Night October 6. Staff distributed socks and underwear, which were donated by a Spirit of Giving partner: Strong- Bridge Consulting. III. Staff Updates Public Safety • Forum on Refugee Outreach and Engagement Programs for Police Agencies: The Police Executive Research Forum (PERF) invited Chief Mike Villa to Washington DC and sponsored his participation in the Forum on Refugee Outreach and Engagement Programs for Police Agencies. The Chief was one of 52 attendees from across the nation. Colleagues and community members from the various diverse cities were able to share innovative ideas, lessons learned and best practices. Chief Villa invited Borka Paponjak, a refugee from Sarajevo who serves as the Resettlement and Placement Manager for the International Rescue Committee (IRC) to join him at the Forum. Ms. Paponjak spoke about the great relationship between TPD and IRC, and emphasized the value of Sergeant Boyd and Officer Valdez providing American Law Enforcement orientation to new refugees at IRC. Chief Villa spoke to the group about sustainable outreach programs and building lasting trust that extends beyond designated outreach officers. PERF staff and other police officials acknowledged the Tukwila Police Department as being an organization that is leading the way in community policing in one of the most diverse cities in the United States. • Outstanding Police Officer Award: Detective Ron Corrigan was honored to receive the Outstanding Police Officer Award at the Delta -White Center Lodge No. 172 on September 24. This was the third annual Outstanding Police Officer Recognition Day to recognize the men and women in blue for their dedicated service. • Spillman Records Management System: The new records management system: Spillman went live on October 4, 2016. Spillman representatives were on site to assist with the process and they will remain on site for two weeks to help with questions, remedial training and any issues that may occur. Project Updates • Southcenter Pedestrian /Bicycle Bridge: Shaft drilling at Piers 2, 3 and 4 has been completed and the drilling equipment has been demobilized. The rebar for the cap at Pier 2 Phone: 206- 433 -1800 + Email. Mayor @Tukwi(aWA.gov + Website: TukwilaWA.gov 140 City Administrator's Report October 12, 2016 Page 3 and Abutment 1 is being constructed. The next step will be building the forms for Pier 2 cap and Abutment 1. • S 119th St Pedestrian Bridge: King County road crews began work on September 21 and hope to complete the project by October 14. The project will remove and repair wood rot in the top of the girder and cleaning and filling rot with epoxy putty. In addition, the deck will be cleaned, leveled, and covered with an epoxy to seal the timber and to provide a non -slip surface. • Crystal Springs Emergency Surface Water Repair: The preconstruction conference with the contractor was held October 5. Construction will begin this week. • Strander Blvd Phase 3 Early Start: A conference call was held between City staff and Federal Highway Administration staff to discuss the preparation to move forward with the federal FASTLANE grant award. The design phase is expected to begin in January 2017. • Leadership Challenge Training: Mayor Ekberg and City Administrator David Clinejoined more than 60 City staff members representing every department in the first session of a leadership training facilitated by Chief Villa and other Police Department staff. Iv. Responses to Council /Citizen Inquiries Date of Inquiry Inquiry Response September 26, 2016 What is the City's The City's Bond Rating is currently AA - High current bond rating? Quality - as assigned by the Standard and Poor's rating agency on March 31, 2015 and A2 assigned by Moody's on December 18, 2012. Phone: 206- 433 -1800 + Email. Mayor @Tukwi(aWA.gov + Website: TukwilaWA.gov 141 142 Upcoming Meetings c& Events October 2016 17th (Monday) 18th (Tuesday) 19th Wednesda 20th (Thursday) 21st (Friday) 22nd (Saturday) ➢ Transportation ➢ Finance & ➢ Arts ➢ Tukwila Duwamish Alive! Cmte, Safety Cmte, Commission, Historical and Restore the 5:30 PM 5:30 PM 5:00 PM Society, Duwamish (Foster (Hazelnut (Community 7:00 PM Shoreline Events Conference Conference Center) (Tukwila 10:00 AM — 1:00 PM Room) Room) Heritage & At both the Duwamish Cultural Center, Hill Preserve and the ➢ City Council 14475 59`n Ave Duwamish Shoreline. Regular Mt g g , Family Wellness S,) Visit forten- a.org/events 7:00 PM Workshop for information & (Council 5:30 — 7:30 PM registration. Chambers) (Tukwila Community Center Social Hall) You will learn about Healthy Cooking, Family Fitness and Nutrition (Dinner Included) 206 - 768 -2822 to register. $3.00 per person 24th (Monday) 25th (Tuesday) 26th (Wednesday) 27th (Thursday) 28th (Friday) 29th (Saturday) ➢ Community ➢ Utilities Cmte, Autumn Tukwila Int'l. Affairs & Parks 5:30 PM Harvest Blvd. Action Cmte, (Foster Carnival Cmte's 5:30 PM Conference Trash Pickup (Hazelnut Room) �; Day Conference 9:00 — 10:00 AM Room) 6:00 — 8:00 PM (Tukwila ➢ City Council Community For location or Committee of Center) information contact the Whole Mtg., $2.00 per child. Sharon Mann 7:00 PM 206- 200 -3616 (Council Join in the fun with a Chambers) costume contest, crafts, games and much more. Healthy dinner option available for purchase. ➢ Planning Commission, Public Hearing: Adoption of Low Impact Development Regulations and amendments to TMC Title 18. 6:30 PM (Council Chambers) ➢ Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Civil Service Commission: I st Mon., 5:00 PM, Hazelnut Conf Room. ➢ Community Affairs & Parks Committee: 2nd & 4th Mona, 5:30 PM, Hazelnut Con£ Room. (A) Public Safety Bond Discussion. (B) Budget Review: Healthcare Employees & LEOFFL (C) Budget Review: Police Department. (D) Budget Review: Attachment A. (E) Budget Review: Financial Policies. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206- 431 -2197 ➢ Equity & Diversity Commission: I st Thurs., 5:15 PM, Hazelnut Conf. Room. ➢ Finance & Safety Committee: I st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. ➢ Library Advisory Board: 1 st''ues., 7:00 PM, Community Center. Contact Shannon Fisher at 206 - 767 -2312. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206- 767 -2332. ➢Transportation Committee: 1st & 3rd Mon., 5:30 PM, Foster Conf. Room. (A) Tukwila international Blvd. Light Rail Station Congestion. ➢Tukwila Historical Society: 3rd Thurs., 7:00 PM Tukwila Heritage & Cultural Center, 14475 59" Avenue S. Contact Louise Jones -Brown at 206 - 244 -4478. ➢Utilities Committee: 2nd & 4th'rues., 530 PM, Foster Conf. Room: 143 Tentative Agenda Schedule MONTH ', MEETING 1 '— MEETING 2 -' MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR C.O.W. October 3 10 17 24 See agenda packet Special Issues: '- cover sheet for this Update on Public week's agenda Safety Tours. (October 17 2016 - Update on Human Regular Meeting). Services budget. - Budget: CIP discussion - Budget Review: Parks & Recreation Department. - Budget Review: Urban Renewal. - Budget Review: General Government Improvement Fund (303 Fund). - Budget Review: Fire Improvement Fund. Committee of the Whole to be followed by a Special Meeting. November 7 14 21 28 Special Presentation: Public Hearing: Special Presentations: Public Hearing: Mayor's Budget New Employee Tax Levy Legislation. Code Changes. Presentation. Introductions. Special Issues: Unfinished Business: Special Issues: -Tax Levy _An ordinance -Tax Levy Legislation. Appointments / Legislation. - Budget Legislation. implementing Proclamations: - Budget Legislation. - Public Safety Bond regulations related -A proclamation in - Public Safety Bond Ordinance. to surface water recognition of Ordinance. management (TMC Veteran's Day. Title 14). - Appointments to -An ordinance Lodging Tax implementing Low Advisory Impact Committee. Development - Confirm requirements (TMC appointments to the Title 16). Arts Commission -An ordinance and to Equity and implementing Low Diversity. Impact Regular Meeting to be Development followed by a Special requirements in the Budget Work Session. design and review of surface water drainage on development projects (TMC Title 8 and 18) -An ordinance to provide an impact fee deferral process for single family residential construction. 144