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HomeMy WebLinkAboutFIN 2017-03-07 COMPLETE AGENDA PACKETCity of Tukwila Finance Committee O Verna Seal, Chair O Kathy Hougardy O Thomas McLeod AGENDA TUESDAY, MARCH 7, 2017 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: Recommended Action V. Seal Mayor Ekberg K. Hougardy D. Cline T. McLeod C. O'Flaherty D. Robertson L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An amendment to the contract with bond counsel. a. Forward to 3/20 Consent Pg.i Peggy McCarthy, Finance Director Agenda. b. Job shadow and internship program. b. Information only. Pg. 21 Mia Navarro, Community Engagement Manager 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, March 21, 2017 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. TO: CC: FROM: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor Finance & Safety Committee Mayor Ekberg Peggy McCarthy, Finance Director March 1, 2017 Approve Pacifica Law Group Contract Amendment ISSUE Approve an amendment to the contract with Pacifica Law Group for bond counsel services. BACKGROUND In October 2016, Pacifica Law Group was selected as bond counsel for the City. A $35,000 contract for bond counsel services was established to support the first voted debt bond issuance in December 2016 of $36,500,000. DISCUSSION An amendment to the bond counsel contract is proposed to increase the contract amount and extend the contract term to cover all debt issuances planned in the next 3 3/4 years, through December 31, 2020. A recap of the original and proposed, amended contract terms follows: The prop Contract Terms Original Amended Start date October 13, 2016 Aril 1, 2017 date March 31, 2017 December 31, 2020 —Expiration Amount $35,000 $105,000 Dsed amended contract amount was estimates oasea on piannea bona issuances a: Estimated Bond Counsel Fees Bond Issue Estimated April 1, 2016 - December 31, 2020 Size Fee (a) Public Safety Plan - voted debt remaining $ 40,885,000 $ 33,000 (b) Public Safety Plan - Shops 29,493,000 31,000 ( c) Residential Streets, 42nd and 53rd 8,400,000 21,000 Other, unspecified at this time 10,000,000 21,000 $ 88,778,000 $105,000 (a) Authorized voted debt of $77,385,000 less debt issued in December 2016 of $36,500, 000 = $40,885, 000 remaining voted debt to issue. (b) assuming financing is through debt obligations and not a lease (c) see CIP pages 2 and 3. follows: RECOMMENDATION The Council is being asked to approve the contract amendment and consider this item at the March 20, 2017 Regular Meeting Consent Agenda. ATTACHMENTS Contract amendment Original contract 14 -086 2017 -2022 Capital Improvement Program, pages 2 and 3 i 2 City • Tukwila 1 6200 Southcenter Boulevard, Tukwila WA 981 10 W, CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Pacifica Law Group, LLP That portion of Contract No. 16-180 between the City of Tukwila and Pacifica Law Group, LLP. Is amended as follows: Section 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 C attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $138,000. Section 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing April 1, 2017 , and ending December 31 , 2020 , unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA Allan Ekberg, Mayor day of ATTEST/AUTHENTICATED City Clerk CA Revised 1-2013 91j CONTRACTOR Printed Name: Deanna Gregory EAT•RX• • •• City Attorney Page] of 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 Pacifica Law Group LLP , hereinafter referred to as "the Contractor," whose principal office is located at 1191 Second Avenue, Suite 2000, Seattle, WA 98101. Stacey Lewis (bond partner), Alison Benge (bond partner, specializing in Federal tax law), and Deanna Gregory will be the main contacts for City bond matters. Deanna Gregory will have primary oversight for Pacifica Law Group's representation of the City, but will assign other firm lawyers and paralegals when necessary, beneficial or cost-effective and when desirable to meet the time constraints of the matter. Ms. Gregory can be reached at her office at 206.245.1716 or any of the attorneys or other staff at Pacifica Law Group can be reached at 206.245.1700. Unless otherwise agreed in writing, the terms of this Agreement will also apply to any additional matters that the Contractor undertakes at the City's request. 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. The parties hereto acknowledge that in rendering such services to the City, the Contractor is regulated by ethical rules, including rules regarding conflicts of interest, as set forth in Exhibit B attached hereto and incorporated herein by this reference. 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 C attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $138,000. 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 April 1, 2017 , and ending December 31 , 2020 , 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 CA Revised 1-2013 Page 2 of 8 Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 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, to the extent caused by the negligent acts or omissions of the Contractor under this Agreement. 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, as respects the City only, of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA Revised 1-2013 Page 3 of 8 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this _ day of CITY OF TUKWILA Allan Ekberg, Mayor ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty Office of the City Attorney CA Revised 1-2013 0 CONTRACTOR 0 Printed Name and Title: Deanna Gregory, Partner Address: 1191 2nd Avenue, Suite 2000 Seattle, Washington 98101 Page 4 of 8 Scope of Services to be Performed by Contractor As bond counsel, Pacifica Law Group (the "Law Firm") shall provide all necessary legal services necessary to issue bond, notes and other evidences of indebtedness, including but not limited to: • Draft and distribute election documents, if a voted bond issue • Assist in the development or review of a distribution list and proposed schedule, flagging key notice, action and document deadlines • Gather appropriate facts regarding the financing and the proposed project, generally through an in-person kick off or "scoping" meeting • Conduct federal and state law analysis • Assess financing options and work with underwriters and financial advisors to consider legal issues • Review existing covenants and assess benefit of springing covenants • Draft and distribute bond (and, if requested, disclosure) documents • Revise, discuss, and explain documents • Arrange and participate in conference calls and meetings with City staff and other members of the finance team, as necessary, to follow up on issues identified at the scoping meeting or to review document drafts • Present documents to, and answer questions from, the City Council • Complete appropriate tax due diligence analysis • Work with the finance team to finalize disclosure documents in anticipation of marketing bonds • Review the results of pricing and draft or comment on the bond purchase agreement • Prepare closing certificates, prepare and print the notes or bonds, and deliver bond opinions • Deliver hard copies or CDs of the final transcript to the finance team • Coordinate with City staff on post-issuance compliance obligations (state, federal tax, and securities law) as necessary • Work cooperatively with the City Attorney and other special legal counsel retained by the City for special projects involving the issuance of bonds, closing of bond transactions, tracking of bond proceeds and related issues CA Revised 1-2013 Page 5 of 8 7 Exhibit B Conflict of Interest As lawyers, the Contractor's representatives are regulated by ethical rules, including rules governing conflicts of interest, in the jurisdictions in which they practice. Based on the C o n t r a c t o r' s review of t h e i r records, the Contractor's representation of the City on this initial matter does not create a conflict of interest for the Contractor or the City, however, the Contractor does serve as outside general counsel and bond counsel to other municipalities that interact and/or contract with the City (such as the Valley Communications Center, the Valley Communications Center Development Authority, the South Correctional Entity, the South Correctional Entity Facility Public Development Authority, King County, and the Seattle Southside Regional Tourism Authority), and serves as underwriter's counsel from time to time to underwriting firms on matters unrelated to the City's bonds. Execution of this Agreement by the City's representative constitutes consent by the City to such representation. The Contractor agrees not to use any proprietary or other confidential nonpublic information concerning the City, acquired as a result of the Contractor's representation of the City, to the City's material disadvantage in connection with any litigation or other matter in which the Contractor is adverse to the City. If the City learns about significant name changes of any of the entities or about additional adverse or potentially adverse parties, it will advise the Contractor so their records can be updated. The Contractor's representation of the City does not include acting as counsel for any entity in which the City holds equity or any subsidiary, affiliate, equityliolder, employee, family member or other person unless such additional representation is separately and clearly undertaken by the Contractor. During the Contractor's representation of the City, there may from time to time be issues that raise questions as to the Contractor's duties under the rules of professional conduct that apply to lawyers. These might include, e.g., conflict of interest issues, and could even include issues raised because of a dispute between the Contractor and the City over the handling of a matter. Under normal circumstances when such issues arise the Contractor would seek the advice of their non-bond related counsel such as Professional Standards Counsel, Loss Prevention partners or Professional Standards Conflicts Attorneys who are experts in such matters. Historically, the Contractor has considered such consultations to be attorney-client privileged conversations between firm personnel and the counsel for the firm. In recent years, however, there have been judicial decisions indicating that under some circumstances such conversations involve a conflict of interest between the City and the Contractor and that consultation with the Contractor's non-bond related counsel may not be privileged, unless the Contractor either withdraws from the representation of the City or obtain the City's consent to consult with the Contractor's non-bond related counsel. It is in the Contractor's and the City's interest, that in the event legal ethics or related issues arise during a representation, the Contractor receives expert analysis of their obligations. Accordingly, as part of this agreement concerning the Contractor's representation of the City, the City agrees that if the Contractor determines by their our own discretion during the course of the representation that it is either necessary or appropriate to consult with the Contractor's non-bond related counsel (either Pacifica Law Group's internal counsel or, if determined necessary by the Contractor, outside counsel) the City consents to this and agrees that the Contractor's representation of the City shall not, thereby, waive any attorney-client privilege that the Contractor may have to protect the confidentiality of the City's and Contractor's communications with counsel. Any such consultation will be paid for by the Contractor, and not the City. CA Revised 1-2013 F-F� Page 6 of 8 Compensation and Method of Payment FEESCHEDULE Set-vices at time of Issuance: LID bonds only. General Obligation and Revenue Bonds only. All bond counsel fees, costs and expenses are included in the fee matrix above. Bond counsel fees include all of the Contractor's work related to the bond issue (including but not limited to document preparation, state and federal tax law analysis, attending finance team and City Council meetings, expenses, costs, delivering the final opinion, answering questions during and between bond issues, and providing other services as outlined in the Scope of Services), unless another fee arrangement is agreed to by the City. The fee matrix may be adjusted, not more frequently than annually, with prior City approval. In the event the bonds are not issued, no fee will be charged. The fees would be lower if the bond issue is privately placed, such as with a bank. For bank loans, t he charge would be 65% of the regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. CA Revised 1-2013 Page 7 of 8 9 Local Issue Size General Obligation Revenue improvement District Less than $1,000,00 $8,000 + $0.10 per $10,000 + $0.10 per $10,000 + $0.10 per $1,000 of issue size $1,000 of issue size $1,000 of issue size $1,000,001- $15,000 + $0.10 per $18,000 + $0.10 per $18,000 + $0.10 per $5,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $5,000,001- $20,000 + $0.10 per $24,000 + $0.10 per $24,000 + $0.10 per $10,000,000 $ 1,000 of issue size $ 1,000 of issue size $1,000 of issue size $10,000,001- $24,000 + $0.10 per $28,000 + $0.10 per $28,000 + $0.10 per $15,000,000 $ 1,000 of issue size $1,000 of issue size $ 1,000 of issue size $15,000,001- $26,000 + $0.10 per $30,000 + $0.10 per $30,000 + $0.10 per $20,000,000 $1,000 of issue size $1,000 of issue size $ 1,000 of issue size $20,000,001 and $28,000 + $0.10 per $32,000 + $0.10 per $32,000 + $0.10 per above $1,000 of issue size $1,000 of issue size $1,000 of issue size LID bonds only. General Obligation and Revenue Bonds only. All bond counsel fees, costs and expenses are included in the fee matrix above. Bond counsel fees include all of the Contractor's work related to the bond issue (including but not limited to document preparation, state and federal tax law analysis, attending finance team and City Council meetings, expenses, costs, delivering the final opinion, answering questions during and between bond issues, and providing other services as outlined in the Scope of Services), unless another fee arrangement is agreed to by the City. The fee matrix may be adjusted, not more frequently than annually, with prior City approval. In the event the bonds are not issued, no fee will be charged. The fees would be lower if the bond issue is privately placed, such as with a bank. For bank loans, t he charge would be 65% of the regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. CA Revised 1-2013 Page 7 of 8 9 SUPPLEMENTAL FEE SCHEDULE Supplemental Fee, Amount: Fixed Fee or Hourly Rate Sthedule: Service Category, Specialized Services - Bond Issuances: • Rating presentation Included in fee matrix below (no additional charge) • General public Included in fee matrix below (no additional charge) finance advice, recommendations not related to a specific bond issue • Other services if on a All bond counsel fees are included in fee matrix below. different basis We propose an additional fee of $15,000 per bond issue to serve as Disclosure Counsel (prepare the preliminary and final official statements and deliver a 10b-5 opinion) at the City's request. Services at time of issuance See fee matrix below Overhead (coping, faxes, Included in fee matrix below (no additional charge) etc.) and travel Other fees We propose to charge a discounted hourly rate for all Pacifica attorneys performing work for the City that cannot be allocated to our role as bond counsel (and therefore he absorbed in the fee matrix below), subject to annual adjustments, and at the request of the City. Our 2016 public sector rates are below. Hourly rates are subject to annual adjustment. 2016 Stacey Lewis $370 Deanna Gregory $315 Jay Reich $490 Jon Jurich $245 Josephine Ennis $200 Alison Benge $315 Kristin Patterson $145 For special projects and with prior approval from the City, the Contractor would provide services on an hourly basis. The proposed hourly rates are listed above. These rates reflect the discount off standard rates customarily offered by the Contractor to public and not-for-profit clients. Billing rates may be adjusted not more frequently than annually, usually on January 1. Services performed after the effective date of the new rates will be charged at the new applicable rates. The Contractor does not charge for costs incurred internally (photocopying, long distance telephone charges, electronic legal research services and the like). However, to the extent the Contractor incurs costs from outside vendors directly related to City work, these costs will be passed through to the City without mark-up. T e C o n t r a c t o r issues invoices for hourly fees and disbursements on a monthly basis. CA Revised 1-2013 10 Page 8 of 8 ILA, City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Oil CONTRACT FOR SERVICES Contract Number: -16-180 Council Approval NIA 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 Pacifica Law Group LLP , hereinafter referred to as "the Contractor," whose principal office is located at 1191 Second Avenue, Suite 2000, Seattle, WA 98101. Stacey Lewis (bond partner), Alison Benge (bond partner, specializing in Federal tax law), and Deanna Gregory will be the main contacts for City bond matters. Deanna Gregory will have primary oversight for Pacifica Law Group's representation of the City, but will assign other firm lawyers and paralegals when necessary, beneficial or cost-effective and when desirable to meet the time constraints of the matter. Ms. Gregory can.be reached at her office at 206.245.1716 or any of the attorneys or other staff at Pacifica Law Group can be reached at 206.245.1700. Unless otherwise agreed in writing, the terms of this Agreement will also apply to any additional matters that the Contractor undertakes at the City's request. 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. The parties hereto acknowl4dgie that in rendering such services to the City, the Contractor is regulated 6'y ethical rules, including rules regarding conflicts of interest; as set forth in Exhibit B attached hereto and incorporated herein by this reference. 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 C attached hereto and incorporated herein by this reference. The.total amount to be paid shall not exceed $35,000: 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 October 13, 2016 , and ending March 31 , 2017 , 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 CA Revised 2012 C-, -1 O 0 r bus Page I of 7 02 �l 0 11 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. 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, to the extent caused by the negligent acts or omissions of the Contractor under this Agreement. 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 o ' r resulting f ' rom 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, as respects the City only, of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. C 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. CA Revised 1-2013 12 Page 2 of 7 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements -written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 114. Severabillity and Survival. If any term, condition or provision of this Agreement is declared void or Unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16, Applicable LaW: Venue: AAorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington, The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 3 d day of k_XCk-r'y) be � 20 CITY OF TUKWj CONTRACTOR By: 1lan4Br Printed Name and Title; N Deanna Gregory, Partner ATTES /AUTHENTICATED- C Address: 1191 2nd Avenue, Suite 2000 City Clerk, Christy O'Flaherty Seattle, Washington 98101 APPROVED AS TO FORM: Office of the City �Attorney �WSM �tJI�M(pa CA Revised 1-2013 Page 3 of 7 13 Scope of Services to be Performed by Contractor As bond counsel, Pacifica Law Group (the "Law Firm') shall provide all necessary legal services necessary to issue bond, notes and other evidences of indebtedness, including but not limited to: • Draft and distribute election documents, ifu voted bond issue • Assist io the development Or review ofo distribution list and proposed schedule, flagging key notice, action and document deadlines ' » Gather appropriate facto regarding the financing and the proposed project, generally through uu in-person kick off nc.^ao iug" Meubog ° Conduct federal and state \uvv ouu|ysia ° Aasoon financing options and work with underwriters and financial advisors tn consider legal iSsocx w Review existing covenants and assess benefit nf springing covenants ° Draft and distribute bond (uud`if requested, disclosure) documents * Revise, discuss, and explain documents • Arrange and parlicipate in conference calls and meetings with Clit staff and other members of the finance team, necessary, on zouo`v up on auucm zoouu�u�u at the ycuy/ug meeting vu no review document drafts • Present documents to, and answer questions from, the City Council • Complete appropriate tax due diligence analysis • Work with the finance team to finalize disclosure documents io anticipation of marketing bonds • Review the results of pricing and draft or comment on the bond purchase agreement • Prepare closing certificates, prepare and print the notes or bonds, and deliver bond opinions • Deliver hard copies or CDs otthe final transcript to the finance team • Coordinate with City staff on compliance obligations (state, federal tax, and securities law) uenecessary • Work cooperatively with the City Attorney and other special legal counsel retained hy the City for special projects involving the issuance ofbonds, closing ofbond Urunsm:doom, tracking of bond proceeds and related issues CA Revised 1-2013 Page 4of7 Q� "°~' Exhibit B Conflict of Interest As lawyers, the Contractor's representatives are regulated by ethical rules, including rules governing conflicts of interest, in the jurisdictions in which they practice. Based on the C o n t r a c t o r' s review of t h e i r records, the Contractor's representation of the City on this initial matter does not create a conflict of interest for the Contractor or the City, however, the Contractor does serve as outside general counsel and bond counsel to other municipalities that interact and/or contract with the City (such as the Valley Communications Center, the Valley Communications Center Development Authority, the South Correctional Entity, the South Correctional Entity Facility Public Development Authority, King County, and the Seattle Southside Regional Tourism Authority), and serves as underwriter's counsel from time to time to underwriting firms on matters unrelated to the City's bonds. Execution of this Agreement by the City's representative constitutes consent by the City to such representation. The Contractor agrees not to use any proprietary or other confidential nonpublic information concerning the City, acquired as a result of the Contractor's representation of the City, to the City's material disadvantage in connection with any litigation or other matter in which the Contractor is adverse to the City. If the City learns about significant name changes of any of the entities or about additional adverse or potentially adverse parties, it will advise the Contractor so their records can be updated. The Contractor's representation of the City does not include acting as counsel for any entity in which the City holds equity or any subsidiary, affiliate, equityholder, employee, family member or other person unless such additional representation is separately and clearly undertaken by the Contractor. During the Contractor's representation of the City, there may from time to time be issues that raise questions as to the Contractor's duties under the rules of professional conduct that apply to lawyers. These might include, e.g., conflict of interest issues, and could even include issues raised because of a dispute between the Contractor and the City over the handling of a matter. Under normal circumstances when such issues arise the Contractor would seek the advice of their non-bond related counsel such as Professional Standards Counsel, Loss Prevention partners or Professional Standards Conflicts Attorneys who are experts in such matters. Historically, the Contractor has considered such consultations to be attorney-client privileged conversations between firm personnel and the counsel for the firm. In recent years, however, there have been judicial decisions indicating that under some circumstances such conversations involve a conflict of interest between the City and the Contractor and that consultation with the Contractor's non-bond related counsel may not'be privileged, unless the Contractor either withdraws from the representation of the City or obtain the City's consent to consult with the Contractor's non-bond related counsel. It is in the Contractor's and the City's interest, that in the event legal ethics or related issues arise during a representation, the Contractor receives expert analysis of their obligations. Accordingly, as part of this agreement concerning the Contractor's representation of the City, the City agrees that if the Contractor determines by their our own discretion during the course of the representation that it is either necessary or appropriate to consult with the Contractor's non-bond related counsel (either Pacifica Law Group's internal counsel or, if determined necessary by the Contractor, outside counsel) the City consents to this and agrees that the Contractor's representation of the City shall not, thereby, waive any attorney-client privilege that the Contractor may have to protect the confidentiality of the City's and Contractor's communications with counsel. Any such consultation will be paid for by the Contractor, and not the City. CA Revised 1-2013 Page 5 of 7 15 i Compensation and Method of Payment FEE SCHEDULE Services at time of Issuance: LID bonds only. General Obligation and Revenue Bonds only. All bond counsel fees, costs and expenses are included in the fee matrix above. Bond counsel fees include all of the Contractor's work related to the bond issue (including but not limited to document preparation, state and federal tax law analysis, attending finance team and City Council meetings, expenses, costs, delivering the final opinion, answering questions during and between bond issues, and providing other services as outlined in the Scope of Services), unless another fee arrangement is agreed to by the City. The fee matrix may be adjusted, not more frequently than annually, with prior City approval. In the event the bonds are not issued, no fee will be charged. The fees would be lower if the bond issue is privately placed, such as with a bank. For bank loans, the charge would be 65% of the regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. CA Revised 1 -2013 1 Page 6 of 7 Local Issue Size General Obligation Revenue Improvement District Less than $1,000,00 $8,000 + $0.10 per $10,000 + $0.10 per $10,000 + $0.10 per $1,000 of issue size $1,000 of issue size $1,000 of issue size' $1,000,001- $15,000 + $0.10 per $18,000 + $0.10 per $18,000 + $0.10 per $5,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $5,000,001- $20,000 + $0.10 per $24,000 + $0.10 per $24,000 + $0.10 per $10,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $10,000,001- $24,000 + $0.10 per $28,000 + $0.10 per $28,000 + $0.10 per $15,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $15,000,001- $26,000 + $0.10 per $30,000 + $0.10 per $30,000 + $0.10 per $20,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $20,000,001 and $28,000 + $0.1.0 per $32,000 + $0.10 per $32,000 + $0.10 per above $1,000 of issue size $1,000 of issue size $1,000 of issue size LID bonds only. General Obligation and Revenue Bonds only. All bond counsel fees, costs and expenses are included in the fee matrix above. Bond counsel fees include all of the Contractor's work related to the bond issue (including but not limited to document preparation, state and federal tax law analysis, attending finance team and City Council meetings, expenses, costs, delivering the final opinion, answering questions during and between bond issues, and providing other services as outlined in the Scope of Services), unless another fee arrangement is agreed to by the City. The fee matrix may be adjusted, not more frequently than annually, with prior City approval. In the event the bonds are not issued, no fee will be charged. The fees would be lower if the bond issue is privately placed, such as with a bank. For bank loans, the charge would be 65% of the regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. regular fee schedule. For refunding issues, the charge would be 115% of the regular fee schedule. CA Revised 1 -2013 1 Page 6 of 7 SUPPLEMENTAL FEE SCHEDULE Supplemental Fee Amount: Fixed Fee or Hourly Rate Schedule: Service Category Specialized Services — Bond Issuances: • Rating presentation Included in fee matrix below (no additional charge) • General public Included in fee matrix below (no additional charge) finance advice, recommendations not related to a specific bond issue • Other services if on a All bond counsel fees are included in fee matrix below. different basis We propose an additional fee of $15,000 per bond issue to serve as Disclosure Counsel (prepare the preliminary and final official statements and deliver a 10b -5 opinion) at the City's request. Services at time of issuance See fee matrix below Overhead (coping, faxes, Included in fee matrix below (no additional charge) etc. ) and travel Other fees We propose to charge a discounted hourly rate for all Pacifica attorneys performing work for the City that cannot be allocated to our role as bond counsel (and therefore be absorbed in the fee matrix below), subject to annual adjustments, and at the request of the City. Our 2016 public sector rates are below. Hourly rates are subject to annual adjustment. 2016 Stacey Lewis $370 Deanna Gregory $315 Jay Reich $490 Jon Jurich $245 Josephine Ennis $200 Alison Benge $315 Kristin Patterson $145 For special projects and with prior approval from the City, the Contractor would provide services on an hourly basis. The proposed hourly rates are listed above. These rates reflect the discount off standard rates customarily offered by the Contractor to public and not - for - profit clients. Billing rates may be adjusted not more frequently than annually, usually on January 1. Services performed after the effective date of the new rates will be charged at the new applicable rates. The Contractor does not charge for costs incurred internally (photocopying, long distance telephone charges, electronic legal research services and the like). However, to the extent the Contractor incurs costs from outside vendors directly related to City work, these costs will be passed through to the City without mark -up. T h e C o n t r a c t o r issues invoices for hourly fees and disbursements on a monthly basis. CA Revised 1 -2013 Page 7 of 7 17 CITY OFTUKVVLA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: 42nd Ave South Phase III Project No. 99410303 DESCRIPTION: Design and construct street improvements, drainage, sidewalks, bike facilities, and driveway adjustments. JUSTIFICATION: Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization. STATUS: Phase III (SIC Blvd (154m) -S16oSq. Design began in301z. construction man17. Project No. yy41oouo Phase |V(G13S8/-G131 PI) in beyond. Project No. 8841O5U1 Phaae| 9V-RW15(G/C Blvd (154)-1448V$3.798& Phase ||S4'RGU2(144-13g)$1.85O. both completed. MA|NT.|MPACT: Reduce pavement, shoulder, and drainage work. On|yPhose|||isshownina�ivayeos.Pn4o�ino|udanGudaoaNb��oGi|UamCo`ek42ndAveGCu|wa�pn4em ��oO��NT� for *1.5m and io part of the Walk & Roll Plan. Seattle City Light's funding iao6014V underground split. FINANCIAL Through Estimated '/"«nnn,Qi 2ni-A 7nin 7n17 nnn rmo 2n7n 2n7i 2n22 mFYo n Tnr/ EXPENSES Phase IV Design 1,000 125 1,125 Land (RAN) 100 100 Const. Mgmt. 750 322 560 1,632 Construction 2,534 1,086 3,800 7,420 Undergrounding 2,467 1,057 3,524 TOTAL EXPENSESI 1,000 1 1251 5,851 2,465 1 01 0 01 01 4,360 1 13,801 FUND SOURCES Seattle City Light 1,077 462 1,539 Surface Water 144 4 148 Other Utilities 1 150 136 287 City Oper. Revenue 855 121 24 67 0 0 0 0 4,360 5,427 TOTAL SOURCES 1,000 125 1 5,851 1 2,465 1 01 01 01 0 1 4,360 1 13,801 emr - cooucavxo Improvement Program 2 0 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: 53rd Ave S (S 137th St - S 144th St) Project No. 99110301 DESCRIPTION: Design and construct urban residential street improvements that include curb, gutter, sidewalk, undergrounding, and illumination. Street will coordinate with Water $1.1m, Sewer $185k, and Surface Water $920k CIP projects. JUSTIFICATION: Provide pedestrian and vehicle safety, drainage, and neighborhood revitalization. STATUS: Undergrounding is included at this time. MAINT. IMPACT: Reduce pavement, shoulder, and drainage work. State TIB.grant for $2.14M for roadway and drainage. See additional pages in Enterprise funds under COMMENT: 53rd Ave S Projects. Seattle City Light is now negotiating a 60/40 underground split and undergrounding costs have been added to project. Bond for $2 million. FINANCIAL Through Estimated fin itnnn,ai 2M4 2niA 2n17 2n18 2n19 2n2n 2n21 2n22 RFYf)ND TnTAI EXPENSES Design 83 107 3 193 Land (R/W) 2 98 100 Const, Mgmt. 435 435 870 Construction 1,050 1,050 2,100 Undergrounding 1,125 1,125 2,250 TOTAL EXPENSES 86 206 1 2,613 2,610 1 01 01 01 0 01 5,513 FUND SOURCES Utilities W/S/SWM 25 25 Awarded TIB Grant 900 900 Remainder of grant in SWM 1,800 Seattle City Light 675 675 1,350 Bond 1,000 1,000 2,obb City Oper. Revenue 60 205 38 35 0 0 0 0 0 338 TOTAL SOURCES 85 205 2,613 2,610 1 01 0 0 01 01 6,513 2017 - 2022 Capital Improvement Program 3 We, 20 City of Tukwila Allan Ekberg, Mayor TO: Finance Committee FROM: Mia Navarro, Community Engagement Manager CC: Mayor Ekberg DATE: March 1, 2017 SUBJECT: Job Shadow and Internship Program Briefing ISSUE City leadership shares a goal of exposing Tukwila's young people to employment opportunities available at the City, as well as having the City's workforce better represent the broader community. As a way to achieve these goals, the City of Tukwila is developing a job shadow and internship program for high school students in Tukwila. Through this program we have the opportunity to expose local high school students to diverse, living wage careers in city government, and to develop a pipeline of diverse, local candidates for City jobs. BACKGROUND We know that there is interest among Tukwila high school students in internship and job shadow opportunities. In 2016, City staff collected student interest surveys at the Foster High School Career Fair. We received 24 completed surveys, and students could select as many departments as they wanted in either the Summer Internships or Job Shadow categories. Summer Internships # Students Job Shadow # Students Interested Interested Public Works/Engineering & 11 Fire 9 Maintenance Community Development/Building & 10 Mayor's Office 7 Planning Parks 10 Community 7 Development/Building & Planning Police 9 Police 7 Fire 8 Public Works/Engineering & 5 Maintenance Recreation 8 Parks 5 Communications 7 Human Resources 4 Human Resources 5 Communications 4 Mayor's Office 5 Recreation 3 City Clerk's Office 4 Technology and Innovation 3 Services Municipal Court 4 City Clerk's Office 3 91 INFORMATIONAL MEMO Page 2 Summer Internships # Students Job Shadow # Students Interested Interested Technology and Innovation Services 4 Finance 3 Finance 3 Municipal Court 2 In order to ensure a quality experience for the young people participating in the program, as well as for City staff, we have developed the following components as a part of this effort: • Advisory Board. A group of interested parties, including students, school staff, City staff and elected officials will advise staff on program policies and materials. Meeting schedule TBD. Included in this Advisory Board will be a youth leadership team that will provide student-led leadership in the implementation and ongoing development of the program. • Job Shadow Opportunities. Short term, 1-5 days. Students will be paired with at least one mentor, get an overview of the department, and observe one or more staff during the course of a normal work day and or week. This could be an individual or group experience, depending on demand. Each job shadow opportunity will have a set structure, schedule and intended outcomes. For example, "At the end of this job shadow opportunity, students will understand the building permitting process." The Community Engagement Manager will provide support to departments to develop the curriculum and schedule. The process for advertising job shadow opportunities has yet to be developed. • Internships. 4-8 week paid positions where students will be paired with at least one mentor, and assigned tasks and responsibilities. These could be summer internships or after-school internships, depending on the flexibility of the department. Each internship opportunity will be posted as an individual job, students will apply through Neogov, and department staff will complete the recruitment as usual. The internship is as much a learning experience for the student as it is a resource for the department. Internships will be intentionally structured to expose students to a variety of work at the City, and culminate in a project or closing activity. Each internship opportunity will have a set structure, schedule and intended outcomes. For example, "At the end of this internship, students will have practical knowledge of the building permitting process." The Community Engagement Manager will provide support to departments to develop the job description, curriculum and schedule. • HR Hiring Process. High School Interns will go through the same hiring process as other employees. Internship opportunities will be posted in Neogov, using the same guidelines as regular and seasonal hires. Successful candidates will be required to complete the same forms, provide documentation that they are eligible to work in the United States, and complete the new hire check list with their supervisor. In addition, High School Interns will be required to have a completed Parent/School Authorization form, or Parent Authorization for Summer Work form. • Hiring Teens. Per Washington State Department of Labor and Industries (L&I), employees under the age of 18 are restricted in the number of hours they can work, and the types of duties they can perform. L&I provides resources for hiring teens, 22 WA2017 Info Memos\Job shadow and internship program.docx INFORMATIONAL MEMO Page 3 including regulations on the number of hours teens can work, and duties they can and cannot do. Please see littg-,//wwwlni.wa.ggV-/lPUE3-/700-022 -000. df for information on Hours of Work, and a list of prohibited duties for youth under age 14. More information is available on the L&I "How to Hire a Teen" web pages: ors/default.asp • Insurance and Liability. High School Interns are employees, and are covered as such under the City's liability insurance, through Washington Cities Insurance Authority. They are also covered by Labor and Industries for Worker's Compensation. Job Shadow participants are considered volunteers, and are covered as such under the City's liability insurance. • Job Descriptions and Duties. All duties listed in the job description must be performed under direct, close supervision and guidance. All job descriptions will be approved by Human Resources and any applicable union shops. Job descriptions are due to Human Resources at least 30 days prior to desired job posting date. • Foster High School Career Fair. The Foster High School Career Fair is a critical marketing, recruiting and information gathering tool for this program. Each year in the spring, the City has an opportunity to promote job shadow and internship opportunities for both the summer and the school year. It is also a good opportunity to gather information about student interest in order to develop opportunities in line with what students want. In 2017, the Fair will take place on March 30th . • Orientation. All participating youth will participate in an orientation to include an overview of relevant City policies, procedures, facilities, etc. It will also include expectations around dress, behavior and responsibilities. The mayor and members of the City Council will be invited to the orientation. Orientation for internships may be longer than for job shadows. • Regular Cohort Meetings. Interns will meet regularly (schedule TBD) as a cohort for check-ins, networking and learning opportunities. Examples of such opportunities could include exposure to other departments in City government or other issues such as financial literacy. Cohort members will graduate together at the end of the internship period. The Community Engagement Manager will be responsible for the cohort meetings, topics and speakers. • City Mentors. Youth will be paired with a mentor in their department. This mentor would be responsible for assigning work, answering questions, and working with the student and the Community Engagement Manager to ensure that the internship is a positive experience for all involved, especially the student. Mentors should be outgoing, personable, and positive ambassadors for the department where the intern is working and the City has a whole. • Student Support. Students may be very interested in this opportunity, but may need additional support in order to participate. The Community Engagement Manager will work with students and staff to identify potential needs and solutions. For example, the City may need to find or develop a professional clothing bank to support student success in this program. Transportation may also be a barrier that the Community Engagement Manager will work with students and staff at schools to address. WA2017 Info Memos\Job shadow and internship program.docx 23 INFORMATIONAL MEMO Page 4 While the Communications Division is piloting this effort via a digital internship position that is currently posted, the goal is for each department to provide at least one job shadow or one internship opportunity, either during the school year, or the summer, per year. Departments will have flexibility in designing the opportunity(ies), and will have support from the Community Engagement Manager in development and execution, The Community Engagement Manager will be the point of contact for the program, for internal staff, school staff, students, and parents. Interns will be paid out of existing budgets. TIMELINE Phase Description Preliminary Timeline Phase 1 Two internships in the • Job description complete, reviewed and Communications Office approved by Communications staff and HR by February 10, 2017. • Position posted February 16, 2017. • Intern(s) in place on or before March 31, 2017. • Positions end by June 21, 2017. Phase 2 Pilot Summer Job 0 Pilot departments confirmed by February 24, Shadow and Internship 2017. Program 0 Marketing materials, job descriptions, application • Pilot materials, program manual, and student interest departments, per survey complete by March 24, 2017. 2016 student 0 Job descriptions for pilot departments ready by, interest survey and recruit students at, Foster College and include: Public Career Day, March 30, 2017. Works, DCD, 0 Job descriptions and requisitions complete by Fire, Police, March 31, 2017. Communications, 0 Jobs posted by May 1, 2017. Mayor's Office. 0 Schedule orientation by mid-May for inclusion in Other letter to successful candidates. departments are 0 Select and notify successful candidates by May welcome to 31, 2017. participate as 0 Internships begin July 10 and end by August 18, well. 2017. 24 W:12017 Info Memos\Job shadow and internship prograrn.dou INFORMATIONAL MEMO Page 5 Phase Description Preliminary Timeline Phase 3 School Year Job • Record student interest at Foster College and Shadow and Internship Career Day, March 30, 2017. Program • Job descriptions, application materials, etc. • All departments complete and positions posted by August 1, 2017 • Fall and Spring for Fall, and January 16, 2018 for Spring. • Schedule orientation by mid-August and early February, respectively, for inclusion in letter to successful candidates. • Select and notify successful Fall candidates by August 31, 2017, and successful Spring candidates by February 16, 2018. • Fall internships begin September 18, 2017 and end by November 17, 2017. Spring internship begin March 5, 2018 and end by May 4, 2018. Phase 4 Summer Job Shadow • Marketing materials, job descriptions, application and Internship Program materials, program manual, etc. complete by • All departments March 23, 2018. • Pilot businesses • Post positions on or before, and recruit students at, Foster College and Career Day, date TBD, 2018. • Schedule orientation by mid-May for inclusion in letter to successful candidates. • Select and notify successful candidates by May 31, 2018. • Internships begin July 9, 2018 and end by August 17, 2018. Phase 5 School Year Job • Record student interest at Foster College and Shadow and Internship Career Day, date TBD, 2018. Program • Job descriptions, application materials, etc. • All departments complete and positions posted by August 1, 2018 • More businesses for Fall, and January 16, 2019 for Spring. • Schedule orientation by mid-August and early February, respectively, for inclusion in letter to successful candidates. • Select and notify successful Fall candidates by August 31, 2018, and successful Spring candidates by February 16, 2019. • Fall internships begin September 18, 2018 and end by November 17, 2018. Spring internship begin March 5, 2019 and end by May 4, 2019. Add additional area schools and business as we go. WA2017 Info Memos\Job shadow and internship program.docx 25 I A FOR (TRADC-VULMEM0 Page 6 FINANCIAL IMPACT Each department will identify funding for this program within their existing budget. As mentioned above, each department is expected to provide at least one job shadow or internship opportunity, school year or summer, per year. We estimate that interns will receive between $11 and $15 per hour. During the school year, students will work up to 20 hours per week for up to nine weeks. During the summer, students will work up to 30 hours per week for up to six weeks. This results in a maximum cost of an internship of $2,700. Interns will not receive benefits. RECOMMENDATION Information Only. ATTACHMENTS • Teens at work — Facts for Employers, Parents and Teens • Communications High School Internship Job Description 26 WA2017 Info Memos\Job shadow and internship program.docx Teens at Work: Facts for Employers, Parents and Teens This brochure covers all industries other than agriculture Many Washington employers hire workers under the age of 18 to work in restaurants, grocery stores and offices, among other non-agricultural jobs. This brochure answers many questions employers, teen workers and parents have about non-agricultural work rules, permits and conditions for working minors. These requirements also apply to teens working in their family's non-agricultural business. If you have questions this brochure does not answer, visit www.Teenworkers.Lni.wa.gov, email TeenSafety@Lni.wa.gov or call your local Department of Labor & Industries (L&I) office. Forms for employers, parental authorization, fact sheets, and information for teens is available at www.TeenWorkers.Lni.wa.gov. What does an employer have to do to hire minors? Post a current Minor Work Permit endorsement Employers are responsible for getting a Minor Work Permit endorsement on their business license for each work site where they employ minors. They can get one with the business license I ao application. This application can be obtained through the Department of Revenue's Business Licensing Services (www.bls.dor.wa.gov) or any L&I office. The business license with current Minor Work Permit endorsement must be 15 posted, and renewed every year. Keep specific information on file for each minor worker An employer must have the following information about each minor worker on file at the minor's work site: Proof of age The date of birth must be supported by proof. Acceptable forms of proof are: ■ A driver's license or passport. ■ A Social Security card along with either a birth certificate or a baptismal record. ■ A notarized statement of a parent or guardian. Employment description Earliest and latest work hours, total number of hours of work daily and per week and a complete description of duties. A Parent/School Authorizatimi form The Parent/School Authorization form must be completed by the employer, signed by the parent/ guardian, and by a school representative if the student is working during the school year. It must be kept on file at the minor's work site. The employer needs to renew the Parent/School Authorization form when it expires every school year in September, or when the minor's schedule changes. A summer Parent Authorization form can be used during summer break or when a minor has completed their high school requirements. What is the minimum age to work? Youth must be 14 years old to work at non-agricultural jobs. Under limited circumstances and with permission from the county superior court, a child younger than age 14 may be employed in their parents' business. 27 What's the minimum wage for minor workers? When can 16- and 17-year-olds work extra hours? The minimum wage for l6' and l workers is the same ue for adults. Minors under I6 may bepaid 85 percent ofthe state minimum wage. What about meal and rest breaks? Fourteen- and I5-yeur'obd workers may not work more than four hours without o30-mioot uninterrupted meal period. The meal period must be separate from, and io addition tu rest breaks. These minors must be provided a paid rest break ofat least l0 minutes for every two hours worked. When working afour-hour period, they cannot be required to work more than two hours without either aIU'zuioute rest break ora 30-coinote meal period. Sixteen- and l7-vear-oN workers are entitled to an uninterrupted meal period of at least 30minutes when working more than five hours aday. These minors are entitled toat least ul0-minute paid rest break for each four hours worked. They must receive u rest break at least every three hours. If there is "good cause" why oI6-nr needs tu work more hours per week than shown *o the table below, a variance iapossible. Special variance —cphn28 hours per week Many older teens have a reduced school schedule or have shown that they are able bu work additional hours oo top of their school schedule and extracurricular activities. The parents and the school can grant permission to work upto eight extra hours during the school week. They must complete the Special Variance section of the Parent/School Authorization form. Regular variance —more than 28 hours per week lf the extra hours provided bv the special variance are not enough, the business can pursue aregular variance with L&z[ The employer originates the request. The form is available online. What hours are teens under 18 allowed %o work 'n non-agricultural jobs? Hours and schedules minors are permitted to work in non-agricultural jobs Sohno|mmeko 3huuo 16 hours 8duyu 7y/n. 7p.m. (8 hours Sut–Sun] Non«ohou|mmakx 8hnum 40 hours Odoya 7um. 7p.m. (8p.m. June 1tu Labor Day) �16- - Schoo|mmoko 4houre 20 hours Gdayn 7u.m. 10 P.M. (8 hours Ri�Sun] (K8idn�htHi�SoL) School weeks with uspecial 6houm 28 hours 0duyo 7am. 10 P.M. variance from school (8 hours Fh�Sun] (Midnight Fri.–Sat.) Non-school weeks 8houm 48 hours Oduyu 5u.m. Midnight Notes: 1. An adult must supervise minors working after8 p.m. in service occupations, such as restaurants and retail businesses, 2. Overtime rules apply for all hours worked over *oin one week. z These rules also apply m home-schooled teens. Are there exemptions for hours of work? A 16- or 17-year-old may work non-school hours during the school year if he/she is married, a parent, possesses a certificate of educational competence (GED), is registered in accredited college courses or is emancipated under Washington State law. What work activities are teens prohibited from doing in non-agricultural jobs? Experience has shown some jobs are potentially hazardous for young workers. Washington State and federal laws spell out which jobs are prohibited for minor workers. IMPORTANT. All of the following duties are prohibited regardless of the type of industry. This list includes only the main highlights of the child labor regulations. Refer to WAC 296-125-030f or more detail. All minors under 18 are prohibited from doing the following work in any industry: Restaurants, delis and grocery stores (A foodselvice fret sheet is available atwww.Lniwa.gov1 1PU01700-167-000,pdf will; mere colnpleh. inloonation.) ■ Operating meat slicers or powered bakery equipment such as a Hobart mixer. ■ Regular driving of motor vehicles to make deliveries, such as pizza delivery. (No driving on public roads for those 16 or under.) ■ Working at heights greater than 10 feet off the ground or floor level. ■ Loading, operating or unloading of paper balers and compactors. ■ Work in freezers, meat coolers and in preparing meats for sale. ■ Slaughtering, meat packing or food processing. ■ Working alone past 8 p.m. without supervision by someone 18 years or older who is on the premises at all times. Construction and related activities ■ Roofing — All work on or around a roof. ■ Working at heights greater than 10 feet off the ground or floor level. ■ Driving, or working near, a forklift. ■ Wrecking and demolition. ■ Hoists and cranes. ■ Flagging and work on roadways. ■ Trenching or excavating. ■ Boilers or in engine rooms. ■ Power-driven woodworking or metal-forming machines. ■ Earth-moving machines. ■ Explosives and mining. Offier prohihited duties ■ 17-year-olds may drive only under very limited circumstances. See www.TeenWorkers.Lni.wa.gov for more information. ■ Firefighting. ■ Logging and sawmill work. ■ Selling candy, flowers, or other items to motorists on a public roadway. ■ Manufacturing of brick, tile and similar products. ■ Jobs where exposures require the use of respiratory protection or hearing protection. ■ Nurses' aide or nurses' assistant, unless the minor is in a state-certified training program. ■ jobs with possible exposure to bodily fluids, or radioactive and hazardous substances. Additional prohibited duties for minors under age 16 (WikC 296-125-033) ■ House-to-house sales. ■ Cooking and baking. ■ Any power-driven machinery. ■ Construction. ■ Manufacturing. ■ Commercial packing and processing operations. ■ Public messenger. ■ Amusement park rides. ■ Loading or unloading trucks. ■ Transportation, warehouse, storage and work around conveyors. ■ Any work above ground, including ladders. ■ Maintenance and repair in gas stations. What are the penalties for violating non-agricultural child labor laws? Permit revocation L&I can revoke an employer's Minor Work Permit if proper working conditions are not being met or if there are conditions that are detrimental to the health, safety or welfare of minor workers. Penalties L&I can assess civil penalties on employers in violation of child labor laws. The size of the civil penalty depends on the severity of the violation. Violations that result in the death or permanent disability of a child may result in a Class C felony charge. An employer who knowingly or recklessly violates child labor laws may be charged with a gross misdemeanor. Under federal law, child labor violations by employers may be subject to a civil penalty up to $11,000 for each minor worker. 30 Employer checklist Here's a checklist of what an employer needs when hiring a minor: ❑ A Minor Work Permit endorsement ❑ A signed Parent/School Authorization form ❑ Proof of minor's age ❑ Personal data and employment description In Spanish (en Espafiol) This publication is available in Spanish from the Department of Labor & Industries' website: www.Lni.wa.gov/IPUB/700-022-999.pdf en Espafiol Esta publicaci6n esti disponible en espaftol en el sitio del Internet del Departamento de Labor e Industrias: www.Lni.wa.gov/IPUB/700-022-999.pdf IN !I! Email TeenSafety@Lni.wa.gov, call your local L&I office or call toll-free 1-866-219-7321. For information on federal laws, contact the U.S. Department of Labor, Wage and Hour Division, at 206-398-8039. www.youthruies.dol.gov www.osha.gov/SLTC/teenworkers -�J Visit our website: www.TeenWorkers.Lni.wa.gov Other formats for persons with disabilities are available on request. Call 1-800-547-8367 TDD users, call 360-902-5797. L&I is an equal opportunity employer. PUBLICATION F700-022-000 [08-20141 Job Bulletin CITY OF TUKVVILA CityofOppmrtunity - Comanusity of Choke invites applications for the position of: High School Internship for Social and Digital Media ~ Communications Division SALARY: $12.00 /Hour OPENING DATE: 02/16/17 CLOSING DATE: Continuous FLSA: Non-Exempt DESCRIPTION: The City cfTukwila is seeking a High School Student Intern to assist the City's Communications Division with work on various projects related to municipal website and social media content. This is a paid part- time school year internship offering flexible hours that will range from a minimum of 4-hours per week, to a maximum of 16-hours per week for ages 14-15, and a maximum of 20-hours per week for age 16 or older. A cover letter and resume must be attached zo your on-line application to be considered complete. Please note that you cannot attach these items tmyour application after it has been submitted. In 2014, the Communications Division presented the City Communications Plan with the aim of improving communications - both externally and internally - via a variety ofstrategies and tactics. This High School Internship is an excellent opportunity for students with an interest in strategic communications 1u support the work of this Communications Plan while gaining exposure to work in local government. The City of Tukwila embraces the diversity of the community it serves and is an Equal Employment Opportunity Employer. ESSENTIAL DUTIES AND RESPONSIBILITIES: The High School Student Intern will work under direct supervision and guidance based on previous experience and interests. Duties may include: • Assisting with suggestions for providing content for the City's Facebook and Twitter feeds; °Participadng in the development and production of video and other digital media for various uses and audiences; ° Talking with other City departments to determine new websitecontent; • Assisting with review of current wubsiLe content and data to determine the best use of information; • Maintain reasonable, predictable, and regular attendance. KNOWLEDGE, SKILLS AND ABILITIES: * Ability to express ideas clearly, both verbally and in writing; ° Ability to establish and maintain effective working relationships with City staff, business representatives residents, and community groups; entjobs.cvmxumvi|awa0ob-bu|ou^zfm?jumo~1a*z20maxxaregvvndow~n 1/2 2/28/2017 Job Bulletin • Ability to follow direction and City and department policies and procedures. EDUCATION, EXPERIENCE AND OTHER REQUIREMENTS: Minimum Oualifications: • Must be currently enrolled in High School and at least 14 years of age; • Must have a Grade Point Average (GPA) of at least 2.75 Special Requirements: • Successful completion of background and reference check; • Completion of Parent /School Authorization Form; • Verification of identity and employment authorization required; • Verification of GPA requirement Selection Guidelines: These examples are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change as the needs of the employer and requirements of the job change. The City of Tukwila is an Equal Employment Opportunity (EEO) employer and does not discriminate in any employer /employee relations based on race, color, religion, creed, sex, sexual orientation, gender identity, national origin, age, marital status, political affiliation, disability, genetic information, veteran's status or any other basis protected by discrimination laws. - The City of Tukwila is a smoke -free working environment. - APPLICATIONS MAY BE FILED ONLINE AT: Position #17 -00008 http: / /www.tukwilawa.gov HIGH SCHOOL INTERNSHIP FOR SOCIAL AND DIGITAL MEDIA - COMMUNICATIONS DIVISION 6200 Southcenter Boulevard BL Tukwila, WA 98188 (206) 433 -1831 ruin )lo n�cmt�d)tuk✓vilawa. ov High School Internship for Social and Digital Media - Communications Division Supplemental Questionnaire * 1. Please explain in one or two paragraphs why you are interested in this position. * 2. Please provide a link to examples of any work you have done on websites, Facebook, Twitter, and /or photography /videography, and describe your role(s) in the project(s). * 3. Take a look at the City ofTukwila's Facebook (City of Tukwila) and Twitter ( @CityofTukwila) pages. In two to four paragraphs please describe what is good about the City's social media presence, and what you might do differently. * Required Question http: / /agency.governm entjobs.com /tukwilawalj ob_bulletin.cfm ?j oblD= 1663200 &sharedWindow =0 32 2/2