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REG 2017-03-20 COMPLETE AGENDA PACKET
Tukwila City Council Agenda • **** REGULAR MEETING **** Allan Ekberg, Mayor Councilmembers. -*.- Joe Duffle -.*- Verna Seal David Cline, City Administrator ❖ Kathy Hougardy -.*- De'Sean Quinn Dennis Robertson, Council President ❖ Kate Kruller -.*- Thomas McLeod Monday, March 20, 2017; 7:00 PM • Ord #2527 • Res #1907 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL a. Property taxes. Bailey Stober, Director, Communications and PRESENTATIONS External Relations, King County Assessors Office. b. Homeland Security community outreach. Gabriel Russell, Regional Director, Federal Protective Services. Anne Corsano, District Director, Citizenship and -Immigration Services Leanne Leigh, Chief of Staff, Citizenship and Immigration Services Bradford Bench, Special Agent in Charge, Homeland Security Investigations Bryan Wilcox, Acting Feld Office Director, Enforcement and Removal Office, Immigration and Customs Enforcement (ICE) 3. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (please limit your comments to flf ve minutes per person). 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: 3/6/17 (Regular) AGENDA b. Approval of Vouchers c. Authorize the Mayor to sign an amendment to contract #16-180 with Pg.1 Pacifica Law Group, LLP, for bond counsel services in the amount of $138,000. [Reviewed and forwarded to Consent by the Finance Committee on 317117.] 5. UNFINISHED GET-IT: Government Electronic Transparency Initiative for Tukwila — Pg.25 BUSINESS Phase I, High Retrieval Permit Files (1,200,000 images). Christy O'Flaherty, City Clerk 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report Pg.47 d. City Attorney e. Council Analyst 8. MISCELLANEOUS 9. EXECUTIVE SESSION 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.go , and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer 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 and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. 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. Members of the public 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 1 st 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. COUNCIL AGENDA SYNOPSIS Meelin,r Dale 11- pared by Mayor's review Council review 03/20/17 PMC ❑ Resolution Altg Daie ❑ Ordinance 1114g Date ❑ Bid2lward Ali ,g Date ❑ Public Hearin ,g A 1tg Dale ❑ Other A14g Date SPONSOR ❑("ounil -1P [:] [-]court [:]Alqj,or E]FIR [:1DC'D ZI-linance 01"ire 07:V [- Police EIPIF SPONSOR'S In October 2016, Pacifica Law Group was selected to provide bond counsel services to the SUMMARY City. An initial contract was entered into for $35,000 to cover the bond counsel services provided in connection with the December 2016 $36,500,000 bond issuance. An amendment to the contract is now proposed to increase the amount and extend the term to cover anticipated debt issuance fees through December 31, 2020. The Council is being asked to consider and approve the contract amendment in the amount of $138,000. Rf"A'11"'WPA) 13Y ❑ C.O.W. Mtg. ❑ CDN Comm Z Finance Comm. ❑ Public Safety Comm. F-1'1'rans &Infrastructure [:] Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/7/17 COMMIT'I'E-1,1' CHAIR: SEAL RECOMMENDATIONS: SPON,SoR /Ai),wN. Finance Department COMM"I"T"', Unanimous Approval; Forward to 3/20 Regular meeting Consent agenda COST IMPACT / FUND SOURCE 11,'XITINDITURF, Rl,"(;)UIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $138,000 $funded thru bond proceeds $ Fund Source: Comments: funded through bond proceeds MTG. DATE RECORD OF COUNCIL ACTION 3/20/17 ITEM NO. 4.C. STAFFSPONS01k: PEGGY MCCARTHY ORIG INA], A(;F.N1)A DATFI: 03/20/17 ITI-I'MI"ITLE Amend the contract with Pacifica Law Group for bond counsel services. CA'I'l("oln, ❑ Dixcus.rion Altg Dale ❑ Motion Aftg Date 0.3120117 ❑ Resolution Altg Daie ❑ Ordinance 1114g Date ❑ Bid2lward Ali ,g Date ❑ Public Hearin ,g A 1tg Dale ❑ Other A14g Date SPONSOR ❑("ounil -1P [:] [-]court [:]Alqj,or E]FIR [:1DC'D ZI-linance 01"ire 07:V [- Police EIPIF SPONSOR'S In October 2016, Pacifica Law Group was selected to provide bond counsel services to the SUMMARY City. An initial contract was entered into for $35,000 to cover the bond counsel services provided in connection with the December 2016 $36,500,000 bond issuance. An amendment to the contract is now proposed to increase the amount and extend the term to cover anticipated debt issuance fees through December 31, 2020. The Council is being asked to consider and approve the contract amendment in the amount of $138,000. Rf"A'11"'WPA) 13Y ❑ C.O.W. Mtg. ❑ CDN Comm Z Finance Comm. ❑ Public Safety Comm. F-1'1'rans &Infrastructure [:] Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/7/17 COMMIT'I'E-1,1' CHAIR: SEAL RECOMMENDATIONS: SPON,SoR /Ai),wN. Finance Department COMM"I"T"', Unanimous Approval; Forward to 3/20 Regular meeting Consent agenda COST IMPACT / FUND SOURCE 11,'XITINDITURF, Rl,"(;)UIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $138,000 $funded thru bond proceeds $ Fund Source: Comments: funded through bond proceeds MTG. DATE RECORD OF COUNCIL ACTION 3/20/17 MTG. DATE ATTACHMENTS 3/20/17 Informational Memorndurn dated 3/1/17 Proposed contract amendment Contract 2017-2022 Capital Improvement Plan pages 2 and 3 Minutes from the Finance Committee meeting of 3/7/17 City of Tukwila Allan Ekberg, Mayor TO: Finance & Safety Committee CC: Mayor Ekberg FROM: Peggy McCarthy, Finance Director DATE: March 1, 2017 SUBJECT: 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/ years, through December 31, 2020. A recap of the original and proposed, amended contract terms follows: -••• 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 osea amenaea contract amUUnl Wd5 C5LIIIId ICU Ua JCU U11 IdI II1CU UVI IU IJJUQI M U0 c2c 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 3 El City of Tukwila N 6200 Southcenter Boulevard, Tukwila WA 98188 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 day of 20 CITY OF TUKWILA Allan Ekberg, Mayor ATTEST /AUTHENTICATED City Clerk CA Revised 1-2013 CONTRACTOR Printed Name: Deanna Gregory APPROVED AS TO FORM City Attorney Page I of 8 r.1 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 Ilaw), and Deanna Gregory will be the main contacts for City bond matters. Deanna Gregory will have phrnary 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 N. 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 VA 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 APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013 Rl CONTRACTOR M Printed Name and Title: Deanna Gregory, Partner Address: 1191 2nd Avenue, Suite 2000 Seattle, Washington 98101 Page 4 of 8 EXHIBIT A 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 M 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 niatter 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. It" 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 r e I a t e d c o u n s e I s u c h a s 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 I-aw 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 10 Page 6 of 8 EXHIBIT C Compensation and Method of Payment FEESCHEDULE 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, 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 Ice schedule. For refunding issues, the charge would be 115% of the regular fee schedule. CA Revised 1-2013 Page 7 of 8 11 Local ,Issue Size General Obligation', Revenu'e, 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 -1 $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 Ice schedule. For refunding issues, the charge would be 115% of the regular fee schedule. CA Revised 1-2013 Page 7 of 8 11 SUPPLEMENTAL FEE SCHEDULE Supplemental Fee Amount: Fixed Fee or Hourly Rate ,.Schedule: Service Category Specialized Services - Bond Issuances: 0 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. at time of issuance See fee matrix below -Services Overhead (coping, faxes, Included in fee matrix below (no additional charge) and travel -etc.) 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 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 12 Page 8 of 8 City of Tukwila contract Number: -16-180 Council Approval N/A 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 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 acknowlddge that in rendering such services to the City, the Contractor is regulated bN 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 C2 S Page I of 7 13 considered to create the |@U ghi 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 or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, a nd 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 ina manner and form acceptable tOthe City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Record Keeping and Reportinq A. The Contractor shall maintain accounts and ronnnjo, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs Of an 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 bo maintained for o period cd years after termination hereof unless permission tV destroy them is granted by the off ice of the archivist in accordance with RCW Chapter 4O.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 o1 all times to inspection, review or audit bv law during the performance of this Agreement. 10, Termination. This Agreement may at any time be terminated by the City giving tothe Contractor onkz terminate the sanne. Failure to provide products on schedule `/ 'u\e^ result in contract termination. |f the Contractor's insurance coverage ia 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 bxh 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 12' Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agfeement without the written consent of the City. CA Revised 1-2013- Page 2of7 13. Entire Agreement, Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements -written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or Unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd, Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable LaW, Venue:, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 3 rday of k_ e —CL4-Y) b-e_� 20 CITY OF TUKW CONTRACTOR W I Y J,& - � P_11� BY: I Allan , Mayor Printed Name and Title, Deanna Gregory, Partner ATTEST/AUTIHENTICATEDI�_� Address: 1191 2" Avenue, Suite 2000 City Clerk, Christy O'Flaherty Seattle, Washington 98101 APPROVED AS TO FORM: Office of the City Atto rne CA Revised 1-2013 Page 3 of 7 15 EXHIBIT A Scope of Services to be Performed by Contractor Am bond counsel, Pacifica Law Group (the "Law Fi;o/')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 i[u voted bond issue * Assist iothe development or review ofu distribution list and proposed schedule, flagging key oodceocduouoddooumeotdoudUnos � Gather appropriate facts regarding the financing and the proposed project, generally through uo in-person kick off oc,^soo ioe/'nueobog * Conduct federal and state law analysis w ASaoao financing options and vvodc with uodcnmritocm and financial advisors to consider legal issues ° Review existing covenants and assess benefit of springing covenants ° Draft and distribute bond (aud,if,egueotod,diuclomuo:) docunoeutm * Revise, discuss, and explain documents • Arrange and participate in conference calls and meetings with Crt staff and other members of the finance team, as necessary, no follow up on /oounu xueuuuuxd at the xcuy/mg meeting cv no review document drafts • Present docunoeotm to, and answer questions from, the City Council • Comy)oteup propriate iuz due diligence analysis • Work with the finuucuteam to finalize disclosure documents io anticipation of marketing bonds • Review the results of pricing and draft or comment on the bond purchase agreement • Pzopuzo closing certificates, prepare and print the notes or bonds, and deliver bond opinions • Deliver hard copies oo CDs oi the final transcript to the finance team • Coordinate with City staff mq post-issuance compliance obligations <eiute' federal tax, and securities law) as necessary ° Wmdc cooperatively with the City Attorney and other special legal counsel retained bv the City for mpcccd projects involving the issuance of bonds, closing of bond transactions, tracking of bond proceeds and related issues CA Revised 1-2013 M Page of 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 17 EXHIBIT C Compensation and Method of Payment FEESCHEDULE Services ad time mfIssuance: LID bonds mdy. General Obligation and Revenue Bonds only. All hood counsel fees, costs and cxyoosoo are included in the fee matrix above. Bond counsel fees ioo}odo all of the Contractor's vvozb odnked to the bond issue (including but not limited to document preparation, state and federal tax law analysis, attending finance icum and City Council meetings, expenses, costs, delivering the Ooa\ opinion, aoxvvcdug questions during and between bond issues, and providing ntbnz uorviouo as outlined in the Scope of Services), unless another tee 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 hnodS are not issued, n0 fee will be charged. The foco would be lower if the bond issue is privately placed, such as with u bank. For huob loans, tbo charge would he 659 of the roeuuz fee schedule. For refunding issues, the charge would holl5%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 IMP Page 6of7 Local Issue Size General Obligation Revenue Improvement District $1,000 of issue size $1,000 of issue size $1,000 of issue size' $5,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $10,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $15,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size $20,000,000 $1,000 of issue size $1,000 of issue size $1,000 of issue size above $1,000 of issue size $1,000 of issue size $1,000 of issue size LID bonds mdy. General Obligation and Revenue Bonds only. All hood counsel fees, costs and cxyoosoo are included in the fee matrix above. Bond counsel fees ioo}odo all of the Contractor's vvozb odnked to the bond issue (including but not limited to document preparation, state and federal tax law analysis, attending finance icum and City Council meetings, expenses, costs, delivering the Ooa\ opinion, aoxvvcdug questions during and between bond issues, and providing ntbnz uorviouo as outlined in the Scope of Services), unless another tee 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 hnodS are not issued, n0 fee will be charged. The foco would be lower if the bond issue is privately placed, such as with u bank. For huob loans, tbo charge would he 659 of the roeuuz fee schedule. For refunding issues, the charge would holl5%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 IMP Page 6of7 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 19 20 CITY OF TUKWILA 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 (S/C Blvd (154th) - S 160 St), Design began in 2012, construction in 2017. Project No. 99410303 Phase IV (S 139 St - S 131 PI) in beyond. Project No. 99410301 Phase I 90-RW1 5 (SIC Blvd (154) - 144 St) $3,796 & Phase 11 94-RS02 (144-139) $1,850, both completed. MAINT. IMPACT: Reduce pavement, shoulder, and drainage work. COMMENT: Only Phase III is shown in active years. Project includes Surface Water's Gilliam Creek 42nd Ave S Culvert project for $1.3m and is part of the Walk & Roll Plan. Seattle City Light's funding is a 60/40 underground split. FINANCIAL Through Estimated tin 9;nnn,Qi 7n15 7n1fi 7n17 MIR 2n19 2n7n 2n21 2n 22 RFYnNn TnTA1 EXPENSES Phase IV Design 1,000 125 1,125 Land (R/W) 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 EXPENSES 1 1,000 1 1251 5,851 2,466 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 Bond 4,600 1,800 6,400 City Oper. Revenue 855 121 24 67 0 0 0 0 4,360 5,427 TOTAL SOURCES 1,000 1 125 1 5,851 1 2,465 1 01 01 01 01 . 4,360 1 13,801 2017 - 2022 Capital Improvement Program 2 21 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: 53rd Ave S (S 137th St - S 144th St) Project No. 99110301 EXPENSES Design and construct urban residential street improvements that include curb, gutter, sidewalk, undergrounding, DESCRIPTION: 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 Projects. Seattle City Light is now negotiating a 60/40 underground split and undergrounding S 3 costs have been added to project. Bond for $2 million. FINANCIAL Through Estimated (in Innn'-ql 211115 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL 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 86 205 1 2,613 1 2,610 1 01 01 01 01 0 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 1'2,00b City Oper. Revenue 60 205 38 35 0 0 0 0 0 338 TOTAL SOURCES 86 205 2,613 1 2,610 1 01 0 0 01 0 1 5,513 2017 - 2022 Capital Improvement Program 3 22 FINANCE COMMITTEE • . f 1 • City Council Finance Committee Meeting Minutes March 7, 2017- 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Peggy McCarthy, Mia Navarro, Jay Wittwer, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. Contract Amendment: Pacifica Law Group Staff is seeking Council approval of a contract amendment with Pacifica Law Group for bond counsel services in an amount not to exceed $138,000, for a term ending December 31, 2020. This amendment will increase the contract amount and extend the term to cover all planned debt issuances until December 31, 2020. UNANIMOUS APPROVAL. FORWARD TO MARCH 20, 2017 REGULAR CONSENT AGENDA. B. Job Shadow and Internship Program Staff updated the Committee on the status and activities of a new high school internship and job shadow program hosted by the Communications Division. Each department will be asked to provide at least one job shadow or one internship opportunity per year, with goals of exposing students to City employment opportunities as well as having the City's workforce better represent the community. Performance measures will include surveys and participation statistics, and the program can be modified over time to reflect necessary changes. The Committee asked staff to look for ways to prioritize local students, as the program cannot explicitly service Tukwila only. INFORMATION ONLY. III. MISCELLANEOUS Staff updated the Committee on the status of the applications for the Public Safety Bond Financial Oversight Committee, which will be formally reviewed in Committee on March 21. The Committee requested to extend the application period through March 13, 2017. Chair Seal mentioned that the Committee will be continuing work on the City compensation policy, and would like the next discussion to include a briefing on how the policy has been working from the personnel perspective. Add rued at 6:10 p.m. ...._._... Committee Chair Approval Minutes by LH 23 24 COUNCIL AGENDA SYNOPSIS 117ilialf Meeliq Dale Prepared bg Mayor's review Council review 03/20/17 CO ❑ Resolution Al�g Date ❑ Ordiiiance A 1�g Date ❑ Bid Award All Date [_1 PublicHeatin ,g Al�g Dale [:] Other At/ g Dale SPONS()R E]C-ount-il ZAL!yor E]./IR DDCD [:]I-,ina&-(? DFire E]TS' 1) Poli e PW C El &R El e 1:1 / 0 hurl SPONSOR'S The culmination of this project provides online public access to permit records which have SUININIARY the highest request rate from our City Records Center. This cross-departmental project managed in the City Clerk's Office makes 1,200,000 images available to staff and the public through the City's Digital Records Center, powered by Laserfiche. R]"vil"'Wl"11) BY ❑ C.O.W. mtg. ❑ CDN Comm ❑ I'Mance Comm. ❑ Public Safety Comm. F-1 Trans &Infrastructure F-I.Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DA'FE: COMM117F.E C11AIR: RECOMMENDATIONS: SPONSOR/A DNI IN. COST IMPACT / FUND SOURCE RV(QUIRI`11) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/20/17 ITEM NO. 5 25 STAFF S11()N5()R: CHRISTY OTLAHERTY I ORIGINAL A(,,FNi),\ D�Vi*j�: 3/20/17 ITFINCF]'I'Ll' Presentation on our Government Electronic Transparency Initiative for Tukwila GET-IT Z Dis4ussion A [tg Date 3120117 ❑ Motion Ali ,g Date ❑ Resolution Al�g Date ❑ Ordiiiance A 1�g Date ❑ Bid Award All Date [_1 PublicHeatin ,g Al�g Dale [:] Other At/ g Dale SPONS()R E]C-ount-il ZAL!yor E]./IR DDCD [:]I-,ina&-(? DFire E]TS' 1) Poli e PW C El &R El e 1:1 / 0 hurl SPONSOR'S The culmination of this project provides online public access to permit records which have SUININIARY the highest request rate from our City Records Center. This cross-departmental project managed in the City Clerk's Office makes 1,200,000 images available to staff and the public through the City's Digital Records Center, powered by Laserfiche. R]"vil"'Wl"11) BY ❑ C.O.W. mtg. ❑ CDN Comm ❑ I'Mance Comm. ❑ Public Safety Comm. F-1 Trans &Infrastructure F-I.Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DA'FE: COMM117F.E C11AIR: RECOMMENDATIONS: SPONSOR/A DNI IN. COST IMPACT / FUND SOURCE RV(QUIRI`11) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/20/17 MTG. DATE ATTACHMENTS 3/20/17 Electronic Presentation 25 M To those who wish to examine Tukwila's development records original plans and permits, maps and drawings we proudly say Come and Get It get-IT government electronic transparency Initiative for Tukwila microfilm to digital project A cross - departmental records management collaboration CITY CLERK'S OFFICE Christy O'Flaherty, Project Manager Ana Le — Barbara Saxton — Dana Almberg-Dideon — Ellen Dabrowska Joe Bryant, Micro -Com Systems DEPARTMENT OF COMMUNITY DEVELOPMENT Nora Gierl o f f — Brenda Holt — Jennifer Marshall — Teri Sved ahl CITY ATTORNEY'S OFFICE TECHNOLOGY & INNOVATION SERVICES Rachel Turpin — Ann Marie Soto Tami Eberle- Harris CA) 0 THE OBJECTIVE To bring together information aboutTukwila's development —from 1958 through the present— by combining varied components and media formats into complete, digitized permit and land use files, enabling 24/7 access by staff and the public to these frequently requested records. • SOME BACKGROUND 1991 Clerk's Office initiates Citywide Records Management Program 1995 DCD agrees to microfilm essential building and land use permits 2001 Clerk's Office acquires Laserfiche Document Imaging System 2010 City Clerk requested funding to digitize microfilmed images 2011 Formed project team and began assembling components VA i F CITY �'�� - -- - - - - -L THIS INFoRMA" )N: Pre - technology, on cards and in boxes Per 5 C-,tractor Per Permit Po, ' - Perrrit r•P: Perrilt r0: Permit =.2 Perot =4171 i2 :19,'x., On aperture cards and CDs 39,422 cards 11 CDs On drawings and plans 244 Rolls of Plans/ 105 CDs (1958-2012) On microfilm rolls 400 rolls containing hundreds of thousands of images CA) rn From these sources, we used the unique permit number as the common denominator for pulling the various components together into one complete permit file. Project Plans on Aperture Cards Permit Files on Microfilm Project Plans on CDs Excel files from DCD databases Cs) Co To enable a keyword- searchable, fully self -serve repository, staff then developed: 5eeWS0 search LUCKY BRAND 627 S©UTHCENTER MALL This record contain nformation which is exempt from pubic disclosure pursuant to the Washington State Public Records Act. Chapter 42.56 RC'N as identified on the Digital Records Exemption Log shows below. D09-195 Crowley Residence 5101 South 163rd Place DIGITAL THE # MENTIONED La@ RECORDS PERDU FILE m INCLUDES (DR) EXEMPTION LOG THE FOLLOWING REDACTED INFORMATION S t tdRae.. DRS :n_ e.,sd rtv' e mF C-em.- Lscs. 5520f. x 5.01,1 - s us c s� 5520) R. 42 sOW) s2 D I RCx4255.04 sl zw ,56 2375) Metadata containing essential information about each permit Lead sheets for each file containing the unique permit number Exemption logs (moo) citing information legally exempt from disclosure With digital elements ready to combine, our existing Digital Records Center— powered by Laserfiche — provided the essential repository to house the newly constructed permit files! -Full Path Citvcf ukwile Comm rl Development Creation Date 1212312010 2:41:26 PM Last k ddi_ied 3/1312017 3:08:45 771 Template: Community Development Name ED BulldIng- Developmert Permits ,117 Electrical Permits Mechanical Permits ,v Miscellaneous Permits \: Planning Land Use Files Plumbing / Gas Piping Permits \SECURED PERMIT RECORDS SEPA / EPIC Files 0 ?ALE G ESQ 3 Combine multiple media types and metadata Determine consistent naming conventions Review /redact personally identifiable information Handwritten permits required manual review Securing sensitive Boeing records Fewer staff in City Clerk's Office THE END RESULTS: 1,207.699 IMAGES accessible 24/7 online in the Digital Records Center through the Laserfiche system, with no waiting or charge for users, in support of Tukwila's commitment to transparency N BENEFIT- Complete permit files in sequential order, intuitively named fovgveatest clarity and consistency Browse Search 2009 Entry Properties Fula Pats, CityotTukvrila`,Community Development\Buildino- Development Permits2001- 20100009 Creation Date 8!25.'2014 9:32:55 AM Last Modified 1/5/2017 12:04:33 PM tadata Template: Community Development PermitType Development nity € , . '> ? c?.e t, <-Development Permits > 2001-2010 > 2113- Name Permit 009 -001 - DIAMOND HEAD STORAGE - VAULT Permit 009 -002 - ESP - SMOKE DAMAGE REPAIR ermit 009 -003 - HEADS & THREADS - ROOF Permit 009 -004 - HELLMANN - ROOF Permit D09 -005 - SABEY DATA CENTER - PROVIDENCE - WALLS AND PARTITIONS ermit 009 -006 - KOSTOVIC RESIDENCE - PORCH Permit D09 -007 - CITY OF TUKWILA - STARFIRE SPORTS - FENCE errnit 009 -008 - BIDLACK RESIDENCE - REROOF Permit 009 -009 - ELECTRONIC SERVICE PROVIDER - FIRE DAMAGE REPAIR Permit 009 -010 - LA VISTA APARTMENTS - REROOF Permit 009 -011 - SOUND MENTAL HEALTH - TENANT IMPROVEMENT Permit D09 -012 - SUBWAY - TENANT IMPROVEMENT Permit 009 -013 - COSTCO - STORAGE RACKS Permit 009 -014 - ROBBINS RESIDENCE - CARPORT ermit 009 -015 - VERIZON BUSINESS - TELECOMMUNICATIONS EQUIPMENT ROOM B Permit 009 -016 - WALLS RESIDENCE - SHOP AND PUBLIC WORKS ACTIVITIES BENEFIT- For example, because of naming consistency, a "Westfield " keyword search returned 139 digital records (a total ofi6,32o pages) for Westfield Southcenter Mall in seconds s pplicant ; west?ieI00 Reset Name Permit D02-241 - t;tESTFIELD SOUTI1C ENTER MALL - SEISMIC UPGRADE Perrot D04-073 - WESTFIELD SOUTHGENTER MALL - VACANT SPACE Permit D04 -188 - bWESTFIELD SOUTHCENTER MALL - ADA RESTROOPl98 Permit D04 -189 - WESTFIELD SOUTHCENTER MALL - ADA 5ESTROOMS Permit itt Do z-1 ?5 - `J7ESTFIELD S0UTHGENTER +00 RGED Permit D05 -009 - t ;tEBTFIELD SOU+THC..E NTER - TEMPORARY CONSTRUCTION OFFICE Permit D05031 - ' <ESTFIELD SOUTHCENTER - ROOF 0 Permit D06-061 - Westfield Southcenter M0 - `Iacant Space - '80 Permit D06 -0772 - Westfield Scu=hcet ter 1,lali - Parking Garage A - Foun4a1 --n Permit D06-073 Westfield Southisenter t!a. Pa Gino Csaraoe B Foundation Permit D06-134 Vieslfield vo_th _r.e. tali - adang° Garage A Permit 00035 - Westfield Southcenter Bali - Parking Garage B Permit D 06-147 - Westfield Southconter Expansion Perna: D06-10 00 5» d 00080 Mal? (PURGED) Permit 101 -424 - ietest0eld So <thcent Mali - Food Court Demolition Pemat D06-425 - Westfield Southcenter Mali - Foundation Permit D07 -014 - y TEST, IELD SC! 1THGENTER MALL - STORAGE ROOMS Permit D07-108 - WESTFIELD SOUTHCENTER MALL - TENANT DEt-ai0LITION Permit D07 197 WEST FIELD 65060" Ts IC -NT R MALL ;NTER'CR RENOVATION Permit 008-141 S.ESTFIE= D SOU - HCENTER i -SLL VANILLA BOX TENANT IMPROVEMENT Permit D08 -151 - YWESTFIE_D SOUTHC -NTER MALL - `s `ESTFIIE_D SIGNAGE BANDS Permit D08-20 - WESTF IELD SOUTHCENTER MALL - PARKING GARAGE B - STORAGE CENTER Permit Do8 -284 - WESTFIELD SOUTHCENTER a ALL - SEARS COURT AND KIOSK BACK WALL Permit D08-292 - W'ESTFIELD VANILLA BOX (PURGED) Permit D08 -357 - WESTFIELD SOUTHCENTER HALL - STORAGE Rooms 133> 139 Entries Results >iass0 Fa 8° Pace 26 101 33 20 ;1a 758 651 �76 5830 46 2322 29 20 102 47 20 32 27 Browse Search 2011-2020 Properties Rill Path Cityo{Tuk : ; ^ila`:C i ty Clerk ;Ordinances\2011 -2020 Creation Date 1/1012011 4:32:58 PM Last Modified 3/912017 4:12:06 PM Template: Ordinances Name 2526 - TMC Chapter 8A7 "Fair Housing` - Prohibits Residential Rental D €sort imination Ord 2525 - Recreation Space Requirements {T: •`C Chapters 18.12 and 18.14} Browse Search Ord 2524 - Relocate Non- Landscaping Regulations to TMC Chapter 18.50 "Supplemental De velop Ord 2523 - T1C Chapter 18.52 "Landscape" - Trees '! Ord 2522 - 2015-2016 Biennial Budget Amendment: Public Safety Bend Ord 2521 - Residential Impact Fee Deferral ! Ord 2520 - Affordable Housing Development and Land Use Fees Ord 2519 - Residential Rental Business License and inspection Program rd 2518 Zoning Code: L0...• impact Development in Surface Water Drainage Design and Rev=. Ord 2517 - Lo.- Impact Development: "Permit Application Requirements" and "Seasonal Limitati 2516 - EXHIBIT B - Stormstiater Pollution Prevention Manual ▪ Ord 2516 - EXHIBIT A - Surface dater Design Manual Ord 2516 - Surface Water Management Trash and Waste Receptacles TL 0 Title 14; ▪ Ord 2515 - DOCUMENT - 2017-2018 Biennial Budget ; Ord 2515 - 2017 -2018 Biennial Budget Ord 2514 - 536.500.000 Unlimited Tax General Obligation Bonds - Public Safety Plan 2016 Tukwila Unnamed local city • nt"- ,City Clerk \Public Access \ 2016 Creation date 2'/2 8:01:22 Last modified b :;25:2 • beta' Descriptive naming that provides quick, essential context is vital for users browsing through records fame ▪ 6533 • 6632 • 6530 • 6629 6528 6627 • 6625 • 6624 • 6523 6622 • 6621 • 6620 rg 6519 e , 6518 • 6617 6616 nk Access > Ordinances > 20161 Entry type Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut Shortcut BENEFIT- Laserfiche produces a higher quality image than the original! Printout from aperture card or microfilm Printout of same record from our Digital Records Center rn WHY WE ARE PROUD CE E 0 is successful thanks to in -house technical and records expertise along with continual multi- department collaboration, ensuring the components would be accurately integrated. No other agency has been identified that offers full permit documents, plans and maps available online. qualifies for consideration in the Laserfiche "Run Smarter" awards program, garnering national recognition for Tukwila. • TO: FROM: DATE: SUBJECT City of Tukwila Mayor's Office -David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers David Cline, City Administrator March 15, 2017 Report for March 20, 2017 Regular Council Meeting Allan Ekberg, Mayor 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. 1. Intergovernmental Update • Economic Development Council of Seattle/King County Annual Meeting: On February 28 Councilmember Hougardy and Economic Development staff attended the annual investors meeting of the Economic Development Council of Seattle/King County and heard presentations on community colleges. • Regional Transportation System Initiative Meeting.- Public Works Director Bob Giberson attended the Regional Transportation System Initiative kickoff meeting on March 3. The technical committee is charged with identifying capital needs for the regional transportation network. • Meeting with International Delegates: On March 8 Mayor Ekberg, Evie Boykan, Deputy Chief Mitchell, Sergeant Boyd and Officer Valdez met with a delegation from the World Affairs Council International Visitor Leadership Program at the Tukwila Community Center. In attendance were representatives from several police agencies from countries throughout the world. The Tukwila Police staff gave a presentation on outreach programs within the community, particularly policing strategies to serve our diverse refugee and immigrant population. 111. Community Events • Women's Leadership Conference: On March 1 Mayor Ekberg offered welcoming remarks to the attendees of the Women's Leadership conference held at the University of Phoenix campus in Tukwila. Councilmember Hougardy was one of the presenters at the Conference. He also presented a proclamation to the group declaring March Women's History Month in Tukwila. • Dr. Seuss Night: The annual Dr. Seuss event was held on March 2 at the Tukwila Community Center. Mayor Ekberg was on hand to enjoy the event with over 300 kids who attended. Everyone received a free book, played games in the gym, enjoyed dinner and celebrated the Cat and the Hat's birthday. Ill. Public Safety Plan Tukwila City Hall • 6200 Southcenter Boulevard - Tukwila, WA 98188 - 206-433-1800 • Website: TukwilaWA.gov 47 City Administrator's Report March 15, 2017 Page 2 Public Safety Plan Implementation: The Fire Station architect selection and contract is being drafted for an upcoming Public Safety Committee. IV. Staff Updates Public Safety • Presentation to the Park Commission: On March 8 Sgt. Boyd and Officer Valdez attended the Park Commission meeting and discussed the challenges the Police Department faces in the parks. • Panel Presentation at Seattle University School of Law: Chief Villa participated in a panel presentation at The Defender Initiative 7th Annual Conference on Public Defense on March 3 at Seattle University School of Law. He was invited to speak about efforts being made to reduce the disproportionality of youth of color in the criminal justice system. The King County Juvenile Public Defender's Officer, Prosecutor's Officer, Tukwila PD, non-governmental community outreach providers and Westfield Mail have collaborated to pilot a theft-3 pre-filing diversion program where youth arrested for misdemeanor shoplift would have the opportunity to meet with outreach workers, complete the program and have criminal charges divert. • Commendation from United States Postal Inspection Services: Detective Josh Vivet was given a commendation from the United States Postal Inspection Services for investigating a crime that led to the arrest of ten offenders. The NW Regional Postal Inspector In Charge presented the award and emphasized the importance of partnerships, which is absolutely necessary to get results such as this. Protect Updates • Neighborhood Tours: On March 8 Economic Development Administrator Derek Speck gave a tour of Tukwila's neighborhoods to representatives from Habitat for Humanity as part of exploration of Habitat conducting a home repair program for low-income homeowners. • Southcenter Pedestrian/Bicycle Bridge: On the west side of Green River the contractor continues to form the deck for Span 1, fix the edge of the deck, and build rebar to the structure. Away from the project site, welding and fabrication of the steel bridge continues. In the near future, the top chord of the Span 2 bridge structure should be available for site inspection. • Andover Park E Water/Sewer: Contractor has completed the new sewer line installation and repaired the damage found during final inspection. The remaining old sewer lines have been rehabilitated with a cast-in-place liner. The new water line from Strander Blvd north along the east side of the roadway is proceeding north and has just passed Baker Blvd. • S 144th St Phase II: Notice of bid award was issued to Marshbank Construction. A pre- construction meeting with the contractor will outline the construction schedule to include the temporary closure of South 144th and the approximate opening of the new traffic signal at 42nd Avenue S. • Boeing Access Road Bridge Rehabilitation: Bid opening date is March 15. Phone: 206-433-1800 • Email: Mayor@Tukwi[aWA.gov • Website: TukwilaWA.gov Ml City Administrator's Report March 15, 2017 Page 3 • 42nd Ave S Phase III: Permit for roadwork within the City of SeaTac's right-of-way is being reviewed by SeaTac staff. Bid advertisement target date is March 21 with bid opening target of April 11. Construction target start is June 2017. Phone: 206-433-1800 • Email: Mayor@Tukwi[aWA.gov • Website: Tukwi[aWA.gov 49 50 Upcoming Meetings & Events March/April 2017 20th (Monday) 21st (Tuesday) 22nd (Wednesday) 23rd (Thursday) 24th fFriday) 25th (Saturday) ➢ Public Safety ➢ Finance Cmte, Tukwila Int'l. Blvd. Crate., 5:30 Pm Commission Action Crate's 5:30 Pm (Ha:elnut Cancelled Trash Pickup Day (Hazelnut Conference 9:00 - 10:00 AM Conference Room) Room) For location or information contact ➢ City Council Sharon Mann Regular Mtg., 206-200-3616 7:00 pm (Council Chambers) 27th (Monday) 28th (Tuesday) 29th (Wednesday) 30th (Thursday) 31 st (Friday) 1st (Saturday) ➢ Community ➢ Transportation Tukwila City of Development & & Infrastructure Opportunity Neighborhoods Cmte., Scholarship Crate., 5:30 Pm Applications 5:30 Pm (Foster Due (Hazelnut Conference The deadline is Conference Room) Room) 5:00 PM ➢ City Council Committee of the Whole Mtg., 7:00 Pm (Council Chambers) January 10 thru April 20: Free income tax preparation assistance available at Tukwila Community Center (TCC). On Tuesdays/Thursdays 5:00 - 8:00 PM, and Saturdays 10:00 AM - 2:00 PM. Visit Aww,uwkc.org/taxhely or call 211. NOTE: Tax help will not be available at TCC March 20-26. ).1 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. Contact Sara Valdez at 206-431-2187. ➢Community Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Portman at 206-431-219.7 ➢ Equity & Diversity Commission: 1st Thurs., 5:15 Pm, Hazelnut Conf. Room. Contact Cheryl Thompson at 206 -433 -1850. ➢Finance Committee: Ist & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) An ordinance updating the membership structure of the Public Safety Bond Financial Oversight Committee. (B) Applications for the Public Safety Plan Financial Oversight Committee. (C) 2016 General Fund preliminary results. (D) January 2017 monthly departmental budgets -to- actual report. >Library Advisory Board: 1st Tues., 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. ➢Planning Commission/Board of Architectural Review: 4' Thurs., 6:30 Pm, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. ➢Public Safety Committee: I st & 3rd Mon., 5:30 Pm, Hazelnut Conf. Room. (A) A contract for architect and engineering services for the Public Safety Plan. (B) Discussion on Public Safety Plan local hiring and DBE (Disadvantaged Business Enterprise) participation. ➢Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 Pm, Foster ConT Room. ➢ Tukwila Historical Society: 3rd Thurs., TOO PM, Tukwila Heritage & Cultural Center, 14475 59' Avenue S. Contact Louise Jones-Brown at 206-244-4478. 51 March April 52 Tentative Agenda Schedule MEETING 1— MEETING 2 REGULAR C.O.W. 6 13 3 Special Issues: - Boards and Commissions Legislation: — Ordinances and 1 Resolution updating the Tukwila Municipal Code pertaining to City Boards and Commissions. 10 Special Issues: - Discussion on general contractor / construe tion management process as it would relate to the Public Safety Plan.. 20 See agenda packet cover sheet for this week's agenda: March 20, 2017 Regular Meeting. 17 Appointments: - Appointments to Public Safety Plan Siting Advisory Committee. 27 Special Issues: - Boards and Commissions Legislation: — Ordinances and 1 Resolution updating the Tukwila Municipal Code pertaining to City Boards and Commissions. PC