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HomeMy WebLinkAboutREG 2017-07-17 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ REGULAR MEETING ❖ Allan Ekberg, Mayor Counci /members: • :- Joe Duffie • :- Verna Seal David Cline, City Administrator Kathy Hougardy • :- De'Sean Quinn Dennis Robertson, Council President Kate Kruller • :- Thomas McLeod Monday, July 17, 2017; 7:00 PM • Ord #2542 • Res #1913 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL a. Combatting postal mail theft. E. J. Winsor, Posta /Inspector PRESENTATIONS b. Police Department life- saving medals awarded to: Officers Art Stephenson, Chris Danninger, John Perry and Joseph Zaehler, and Kent Police Department Sergeant Dan Koehler Mike V111a, Po /ice Chief 3. PUBLIC At this time, you are invited to comment on items not includedon this agenda COMMENTS (please limit your comments to five 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: 6/26/17 (Special) AGENDA b. Approval of Vouchers c. Authorize the Mayor to sign Supplement No. 1 to a contract with Pg.15 KPG, Inc., for the 2017 Small Drainage Program construction management in the amount of $79,873.16. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 6127117] d. Award a bid and authorize the Mayor to sign a contract with Pg.33 Road Construction Northwest for the Baker Boulevard Non - Motorized Improvement Project in the amount of $799,143.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 6127117] e. Authorize the use of lodging tax funds to the City of Tukwila for Pg.41 "Family Night at S2" in the amount of $25,000.00. [Reviewed and forwarded to Consent by the Community Development and Neighborhoods Committee on 7110117] 5. UNFINISHED a. An ordinance adopting a new chapter of the Tukwila Municipal Code Pg.55 BUSINESS related to trespass warnings on City property to be codified as Tukwila Municipal Code Chapter 8.23. b. Authorize the Mayor to sign a purchase agreement with Axon Pg.65 Enterprise, Inc., for the Police Department body camera program in an amount not to exceed $563,336.48 (over the 5 -year agreement). (continued...) REGULAR MEETING Monday, July 17, 2017 Page 2 6. NEW BUSINESS An ordinance adopting a 6 -month moratorium within the Tukwila Pg.97 International Boulevard Study Area in the City of Tukwila on the development of certain uses such as hotels, motels, extended -stay facilities, or auto - oriented uses; setting a date for a public hearing on the moratorium; providing for severability; declaring an emergency and establishing an effective date. 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report and 2017 -2018 Work Plan Pg.109 and 2nd Quarter Accomplishments d. City Attorney e. Council Analyst S. MISCELLANEOUS 9. EXECUTIVE SESSION - Collective Bargaining - Pursuant to RCW 42.30.140(4)(a) - 45minutes Q Please bring your Collective Bargaining notebooks 10. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped (available at www.tukwilawa.aov) 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. u 1TED STATES ()STA Sate SPECT O Division VICE_ UNITED STATES POSTAL SERVICE N UNITED STATES POSTAL SERVICE CA) Areas of Investigation • Mail Fraud • Revenue Fraud • Prohibitive Mailings • Money Laundering • Mail /ID Theft • Bank/Credit Card Fraud • Violent Crimes low UNITED STATES POSTAL SERVICE Postal Inspection Service Financial Crimes Focus • Mail Theft • Identity Theft • Other fraudulent Schemes- - Counterfeit Postal Money Orders - Reshipping -Work at Home - Foreign Lottery UNITED STATES POSTAL SERVICE 01 What Do I Focus On? low UNITED STATES POSTAL SERVICE a) Who is Stealing Mail? • Drug Users • Gangs • Career criminals • People down on their luck low UNITED STATES POSTAL SERVICE What Are They Looking For? • Credit Cards • Checks (Including cancelled checks) • Convenience Checks • Credit Bureau Printouts • Bank /Credit Card Statements • Employee and Customer Records • Cash • Gift Cards low UNITED STATES POSTAL SERVICE Volume Mail Theft O Mail Theft • According to the FTC, in 2015 what percentage of all victims of ID theft cited stolen mail as the source of information? 4% • The USPS is still the safest way to conduct business. low UNITED STATES POSTAL SERVICE What to Look For? • All the mailboxes on your street are open • You haven't received mail in several days • Your locking mailbox has tool marks on it • You are missing an expected piece of mail • Weird charges are coming up on your bank statements. low UNITED STATES POSTAL SERVICE N How Do I Protect Myself? • Check your Credit Report Equifax.com, Experian.com, Transunion.com • Check your bank statements Checks you didn't write Purchases you didn't make • Pick up your mail as soon as you can • Vacation Holds • Change of Address or Forward if moving — Change address with financial institutions as well low UNITED STATES POSTAL SERVICE How Do I Protect Myself? • Be knowledgeable about when important things are coming • Locking Mailbox • Cluster Box Unit (CBU) • Neighborhood Watch Talk to your neighbors • See something, say something — Report it, PS 2016 low UNITED STATES POSTAL SERVICE Thank You! Questions? low UNITED STATES POSTAL SERVICE COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial, Meeting Date Prepared b or's revieiv Council review 07/17/17 BG C rjLR ITEM INFORMATION ITEMNO. 4.C. CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 07/17/17 AGENDA ITEM TITLE 2017 Annual Small Drainage Program Construction Management Contract with KPG CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 07117117 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAaward Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR E:1 Council E:1 Ma ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PW SPONSOR'S KPG is currently the design consultant for the 2017 Small Drainage Program with Contract SUMMARY No. 17 -041. During construction, the City will need construction management support and after reviewing three engineering firms, KPG was the most qualified. The construction bid was awarded to McCann Construction on 6/19/17. Council is being asked to approve Supplemental Agreement No. 1 for construction management with KPG in the amount of $79,873.16. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 06/27/17 COMMITTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $79,873.16 $80,000.00 $0.00 Fund Source: 412 SURFACE WATER (PAGE 96, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 07/17/17 MTG. DATE ATTACHMENTS 07/17/17 Informational Memorandum dated 06/23/17 Page 96, 2017 CIP Qualification Review KPG Supplement No. 1 to Contract No. 17 -041 Minutes from the Transportation & Infrastructure Committee meeting of 6/27117 15 16 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Commit ee FROM: Bob Giberson, Public Works Director '189 BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: June 23, 2017 SUBJECT: 2017 Annual Small Drainage Program Project No. 91741201, Contract No. 17 -041 Supplemental Agreement No. 1 for Construction Management Services ISSUE Approve Supplemental Agreement No. 1 to Contract No. 17 -041 with KPG, Inc. to provide construction management services for the 2017 Annual Small Drainage Program. BACKGROUND; The Consultant Roster was reviewed and three engineering firms were evaluated to provide construction management services for the 2017 Small Drainage Program (see attached scoring and selection matrix). Each consulting firm evaluated has expertise in construction management. All the firms evaluated are well qualified; however, KPG possesses the best overall knowledge and understanding of the City's requirements. KPG has performed construction management on other City projects as well as designed the 2017 Small Drainage Program. DISCUSSION KPG provided a supplement, scope of work, and fee estimate for construction management services for the 2017 Small Drainage Program for $79,873.16. The project construction contract with McCann Construction was awarded on June 19, 2017. FINANCIAL IMPACT Construction Mgmt. Sup No. 1 RECOMMENDATION Sup No. 1 CM CM Budget $79,873.16 $80,000.00 Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 17 -041 for construction management services with KPG, Inc. for the 2017 Small Drainage Program in the amount of $79,873.16 and consider this item on the Consent Agenda at the July 17, 2017 Regular Meeting. Attachments: 2017 CIP, Page 96 Qualification Review Consultant Supplement No. 1 to Contract #17 -041 WAPW Eng\PROJECTS\A. DR Projects\Mnual Small Drainage Programs\2017 SDP (91741201) \ConstructionW.100 -Contract Documents \010 Construction Contract\ InfoMemoConstructionEngine0ring 2017 SDP.doc 17 W. CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Annual Small Drainage Program Project No. 9XX41201 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing /ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated tin &nnn�¢1 2n1S 2n1R 2n17 2n1R 2019 2n2n 2021 2022 BEYOND TOTAL EXPENSES Design 74 80 80 80 80 80 80 80 80 714 Strearngages/Monitor 10 10 35 35 36 36 36 36 40 274 Const. Mgmt. 62 80 80 80 80 80 80 80 80 702 Construction 255 515 515 515 514 514 514 513 513 4,368 TOTAL EXPENSES 401 685 710 710 710 710 710 709 713 6,058 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 401 685 710 710 710 710 710 709 713 6,058 TOTAL SOURCES 401 685 710 710 710 710 710 709 713 6,058 Project Location., Entire System W GIS 2017 - 2022 Capita! Improvement Program , e N O 2017 SDP — Contract for Construction Management Services _re a Harris & ssociates 0 c a Drainage and paving project design/constuction experience _ 3 3 4 Knowledge of State and Tukwila Standards and Procedures 4 4 5 Environmental Experience 4 3 4 Experience with similar local agency projects 4 3 5 Past Postive Experience on City Drainage and Paving Projects 3 3 5 Small Scale Projects 5 3 5 Utilities Coordination 4 4 4 Contruction Inspection 4 3 4 TOTALS 31 26 36 For each category, highest score is 5 (with the lowest score 1) Consultant with the highest score is ranked the best. Staff: Ryan Larson Selection Date: 6/5/17 Selected Consultant: KPG, Inc. Selection Justification: KPG designed the project, has performed construction management on other City projects. KPG has performed well on previous city drainage and overlay projects in providing design and CM services. Based on overall score KPG best meets the requirements of this project. SUPPLEMENTAL AGREEMENT No. 1 AGREEMENT No. 17 -041 C4 ✓ PROJECT No. 91741201 City of Tukwila Public Works Department 6300 Southcenter Boulevard #100 Tukwila, WA 98188 KPG, Inc. 3131 Elliott Ave, Suite 400 Seattle, WA 98121 PROJECT: 2017 Small Drainage Program — Construction Services This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agreement entered into with KPG, Inc. and the City of Tukwila, which was executed on the 14th day of March, 2017. All provisions in the basic agreement remain in effect, except as expressly modified as follows: Article 2, Scope of Services, shall be supplemented with the following: The Consultant agrees to provide construction services in accordance with the scope of work included as ExhibitA. Article 4, Payment, shall be modified as follows: Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto, provided that the total amount ofpayment to the Consultant for this work not exceed $79,873.16 without express written modification of the Agreement signed by the City. The new total contract shall not exceed $118,63 7.99 without express written modification of the Agreement signed by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2017. APPROVED: Allan Ekberg Mayor Attested: Christy O'Flaherty, City Clerk APPROVED: KPG, INC. Nelson D vis, P.E. Principal f `moo ,t- j 6C (6 //i/A -tS 21 EXHIBITA Construction Management Services Scope of Work June 18, 2017 City of Tukwila 2017 Small Drainage Program — Project No. 91741201 This work will provide construction management services for the construction contract to complete the City of Tukwila 2017 Small Drainage Program. These services will include design support, project management, documentation control, inspection, materials testing, public involvement, and contract administration during the construction of the project, as detailed below. KPG ( "Consultant ") will provide to the City of Tukwila ( "City ") construction management services for the project. A detailed scope for the Contract follows: I. INTRODUCTION The following scope of services and associated costs are based upon the assumptions outlined below. General Assumptions: • The proposed project team will include one part-time documentation control specialist, a part- time resident engineer during construction activities, a part -time inspector, sub - consultant to provide services for materials testing, and other supporting tasks as deemed necessary. • It is anticipated that part time site observation will be required based on contractor's specific activities. The level of service is based on a construction project duration of approximately 60 working days. • KPG estimates a total project duration of 80 working days including preconstruction service, construction services, and project closeout. No suspensions or stop work periods are anticipated during this duration. • It is anticipated that the KPG will update and modify the Record of Materials (ROM). This scope of services provides the management of the ROM and scheduling of required materials testing respectively. • It is anticipated that the City will review and execute the insurance, bonds, and the Construction Contract. • KPG will do all public outreach, and ensure affected residents are notified of impending contractor activities by door to door and or A -board signs that include date, hours of work, and a KPG staff phone number to call for questions. • The design engineers from KPG will be available during construction to answer questions during 2017 Small Drainage Program Page 2 of 6 KPG Construction Management Services 6118117 22 EXHIBITA construction and review RAM's, shop drawings, and answer RFI's as required. Services will be performed in accordance with the Contract plans & special provisions, and City engineering standards. 11. SCOPE OF WORK The objective and purpose of this Construction Management Services Agreement is for the Consultant to successfully deliver the construction of the Project to the City by ensuring that the improvements are constructed in accordance with the approved Plans and Specifications, as may be amended or revised, that all of the required Project documentation is accounted for. TASK 1— MANAGEMENT /COORDINATION /ADMINISTRATION Provide overall project management, coordination with the City, monthly progress reports, and invoicing. This effort will include the following elements. • Organize and layout work for project staff. Prepare project instructions on contract administration procedures to be used during construction. • Review monthly expenditures and CM team scope activities. Prepare and submit project progress letters to the City along with invoices describing CM services provided each month. Prepare and submit reporting required by funding source. Deliverables • Monthly invoices and progress reports TASK 2 — PRECONSTRUCTION SERVICES 2.1 Preconstruction Conference: The Consultant will prepare an agenda for, distribute notices of, and conduct a preconstruction conference in the City's offices. The Consultant's project engineer, resident engineer, inspector, and document control specialist will attend the preconstruction conference. The Consultant will prepare a written record of the meeting and distribute copies of the minutes to all attendees and affected agencies, staff, etc. At the Pre - construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, Federal, State, and local requirements and any other items that will result in better project understanding among the parties involved. Deliverables • Preconstruction conference agenda with meeting minutes TASK 3 — CONSTRUCTION SERVICES - FIELD 3.1 On -site Observation: The Consultant shall provide the services of one full time inspector during construction activities and other tasks necessary to monitor the progress of the work. Construction staff shall oversee all items necessary to complete the Work as 2017 Small Drainage Program Page 3 of 6 KPG Construction Management Services 6118117 23 EXHIBITA described in the Plans and Specifications, and will observe the technical progress of the construction, including providing day -to -day contact with the Contractor and the City: Field inspection staff will perform the following duties as a matter of their daily activities: i. Observe technical conduct of the construction, including providing day -to -day contact with construction contractor, City, utilities, and other stakeholders, and monitor for adherence to the Contract Documents. The Consultant's personnel will act in accordance with Sections 1 -05.1 and 1 -05.2 of the Standard Specifications. ii. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes, and notify construction contractor of noncompliance. Advise the City of any non - conforming work observed during site visits. iii. Document all material delivered to the job site in accordance with the contract documents. iv. Prepare daily inspection reports, recording the construction contractor's operations as actually observed by the Consultant; includes quantities of work placed that day, contractor's equipment and crews, and other pertinent information. V. Interpret Contract Documents in coordination with the City and KPG. vi. Resolve questions which may arise as to the quality and acceptability of material furnished, work performed, and rate of progress of work performed by the construction contractor. Vii. Establish communications with adjacent property owners. Respond to questions from property owners and the general public. Viii. Coordinate with permit holders on the Project to monitor compliance with approved permits, if applicable. ix. Prepare field records and documents to help assure the Project is administered in accordance with the funding requirements. X. Collect and calculate delivery tickets and salesman's daily reports of aggregate. All tickets will be initialed with correct bid item and stationing identified (Construction Manual 10 -2). xi. Attend and actively participate in regular on -site weekly construction meetings. xii. Take periodic digital photographs during the course of construction, and record locations. xiii. Punch list. Upon substantial completion of work, coordinate with the Client and affected agencies, to prepare a 'punch list' of items to be completed or corrected. Coordinate final inspection with those agencies. Assumptions: • Consultant will provide part time observation services for the days /hours that the contractor's personnel are on -site based on the Contractor's specific activities. Full time site observation is not anticipated. • Consultant will provide qualified personnel for inspection of all bid item work. • The Consultant's monitoring of the construction contractor's activities is to ascertain whether or not they are performing the work in accordance with the Contract Documents; 2017 Small Drainage Program Page 4 of 6 KPG Construction Management Services 6118117 24 EXHIBITA in case of noncompliance, Consultant will reject non - conforming work, and pursue the other remedies in the interests of the City, as detailed in the Contract Documents. The Consultant cannot guarantee the construction contractors' performance, and it is understood that Consultant shall assume no responsibility for: proper construction means, methods, techniques; project site safety, safety precautions or programs; or for the failure of any other entity to perform its work in accordance with laws, contracts, regulations, or City's expectations. 3.2 Substantial Completion: Upon substantial completion of work, coordinate with the City and other affected agencies, to perform a project inspection and develop a comprehensive list of deficiencies or 'punchlist' of items to be completed. A punchlist and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City. 3.3 Materials Testing: Coordinate the work of the materials testing technicians and testing laboratories in the observation and testing of materials used in the construction; document and evaluate results of testing; and address deficiencies. Frequency of testing shall be determined by the resident engineer. Deliverables • Daily Construction Reports with project photos — submitted on a weekly basis • Punch List, Certificate of Substantial Completion • Review test reports for compliance TASK 4.1— CONSTRUCTION SERVICES — OFFICE A. Document Control. Original documentation will be housed at the Consultant's office, and filed in accordance with standard filing protocol. A copy of working files will be maintained in the field office. Document Control consists of: ■ Final Estimate (Approving Authority File) ■ Comparison of Preliminary and Final Quantities (Approving Authority File) ■ Final Records (Approving Authority File) ■ Record of Material Samples and Tests ■ Affidavit of Wages Paid ■ Release for the Protection of Property Owners and General Contractor B. Project Coordination: Liaison with City, construction contractor, engineer, utilities and property owners on a regular basis to discuss project issues and status. C. Plan Interpretations: Provide technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with City for resolution of issues involving scope, schedule, and /or budget changes. D. Weekly Meetings: Lead weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on a weekly basis. E. Initial Schedule Review: Perform detailed schedule review of contractor provided CPM for conformance with the contract documents. F. Lump Sum Breakdown: Evaluate construction contractors' Schedule of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in 2017 Small Drainage Program Page 5 of 6 KPG Construction Management Services 6118117 25 EXHIBITA accordance with the requirements of the Contract Documents. Lump Sum Breakdowns for payment each month will be calculated with detailed data. G. Monthly Pay Requests: Prepare monthly requests for payment, review with the City, contractor and approve as permitted. Utilize City provided format for pay estimates, or Consultant format. H. Monthly Schedule Review: At the monthly cutoff, review contractor's updated schedule and compare with field - observed progress, as described in Section 1 -08 of the Special Provisions. In addition, perform schedule analysis on contractor provided CPM updates and review schedule for delays and impacts. Coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control. I. Certified Payroll: Process and track all certified payroll per State Prevailing Wage Requirements. This includes verifying the initial payroll for compliance and 10% of all payrolls submitted thereafter. Tracking payroll each week. J. Weekly Statement of Working Days: Prepare and issue weekly statement of working day report each week. K. Subcontractor Documentation: Process / Approve all required subcontractor documentation. Request to Sublets will be verified and logged. This includes checking System Award Management System (SAMS), verifying business licensing, reviewing insurance documentation, verifying city business licensing, Intent to Pay Prevailing Wage and Affidavit of Wages Paid: All subcontractor documentation will be logged into KPG's subcontractor logs. L. Record Drawings: Review record drawings prepared by the Contractor, and prepare a conformed set of project record drawings based on Contractor provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the Contractor. Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information. The Consultant will provide the marked up plan sheets with both the contractors and inspectors as -built information. Revisions to the CAD drawings will be based on these construction records. M. Physical Completion Letter: Following completion of all punchlist work, prepare physical completion letter to the contractor, and recommend that City and /or Utilities accept the project. N. Project Closeout: Transfer all project documents to the City for permanent storage. • Schedule review comments • As -built schedule • Meeting agendas and notes • Monthly Pay Estimates • Subcontractor Packets • Cost Projection • Physical Completion Letter • Final Project Documents TASK 4.2 — SUBMITTAL /RFI PROCESSING A. Submittals: Coordinate review process for shop drawings, samples, traffic control plans, test reports, and other submittals from the Contractor for compliance with the contract documents. Key submittals to be transmitted to the City for their review and approval. Submittals shall be 2017 Small Drainage Program Page 6 of 6 KPG Construction Management Services 6118117 26 EXHIBITA logged and tracked. B. Request for Information (RFI): Review and respond to RFI's. RFI's shall be logged and tracked. C. Record of Materials (ROM): Utilize ROM prepared by WSDOT and update based on Special Provisions and Plans for use on the project, based on the contract specifications. The ROM will be maintained by the Resident Engineer. The ROM will track all of the materials delivered to the site including manufacturer /supplier, approved RAM's, QPL items, material compliance documentation, and all other required documentation. Deliverables • Submittal log • RFI Log • Completed Record of Material for Material Certification TASK 4.3 —CHANGE MANAGEMENT A. Case Log: Develop and maintain a case log which includes change orders, RFP's, Field Work Directives B. Change Orders: Develop change orders and provide technical assistance to negotiate change orders, and assist in resolution of disputes which may occur during the course of the project. Each change order will be executed in accordance with WSDOT Standard Specifications and contain the following: • Change order • Independent Cost Estimate • Time Impact Analysis • Contractor's Pricing • Verbal Approval Memo • Back up documentation C. Field Work Directives: Prepare field work directives as necessary to keep the contractor on schedule. D. Minor Change Orders: Develop minor change orders per WSDOT Standard Specifications. Each minor change order will be executed and contain the following: • Independent Cost Estimate • Verbal Approval Memo • Back up documentation E. Force Account: Track contractor force account labor, equipment and materials. All force account calculations will be verified by the engineer and double checked by the documentation specialist. Deliverables • Change Order(s) • Case Management Log • RFI Log • Minor Change Order(s) • Force Account Records 2017 Small Drainage Program Page 7 of 6 KPG Construction MonagementServices 6118117 27 Exhibit B Consultant Fee Determination Project Name: City of Tukwila 2017 Small Drainage Program Construction Services Consultant: KPG COST PLUS FIXED FEE Classification Hours Rate Cost Project Manager 16 $ 67.00 $ 1,072.00 Project Engineer 120 $ 41.00 $ 4,920.00 Design Engineer 52 $ 37.00 $ 1,924.00 CAD Technician 8 $ 30.00 $ 240.00 Construction Inspector 312 $ 37.50 $ 11,700.00 Survey Crew 0 $ 58.00 $ - Document Specialist 184 $ 38.00 $ 6,992.00 Office Admin 16 $ 33.00 $ 528.00 Total Direct Salary Cost (DSC) 708 $ 27,376.00 Overhead (138.02% x DSC) $ 37,784.36 Fixed Fee (30% x DSC) $ 8,212.80 Subtotal: $73,373.16 REIMBURSABLES Mileage $1,000 Miscellaneous - Repro, Field Supplies $500 Subtotal: $1,500 SUBCONSULTANT COSTS Material Testing Allowance $5,000 Subtotal: $5,000 TOTAL $ 79,873.16 HOUR AND FEE ESTIMATE Project: City of Tukwila 2017 Small Drainage Program Construction Services EXHIBIT 8 KPG • Archltr:cnurc • Landscape Architecture • Civil Engineering • 1 - Management and Administration (Estimated duration 16 weeks) Weekly level of effort by Classification 1 Preconstruction Budget Estimate 16 2 - Preconstruction Services (Estimated duration 2 weeks) Weekly level of effort by Classification 0 Preconstruction Budget Estimate 0 0 0 0 0 8 16 16 $ 4,288.32 0 4,116.79 1 3 - Construction Services (Estimated duration 12 weeks) Weekly level of effort by Classification L 0 I I 1 Construction Period Budget Estimate 0 8 I 4 96 II 48 0 24 0 288 12 144 0 58,921.52 4 - Closeout/Record Dwg Services (Estimated duration 2 weeks) Weekly level of effort by Classification ( 0 L 8 I 2 1 4 0 12 Closeout / Record Dwg Budget Estimate 0 16 4 8 8 0 24 0 6,046.53 Subtotal- rvLabor ' 16 f120 i 52 j 8 is 312 r_._ . _.. � 0 �..` ....184' �... _1 fi f � 73,373.16 Relmbursables & Subconsultants Material Testing Allowance $ Mileage $ Miscellaneous - Repro, Field Supplies $ 5,000.00 1,000.00 500.00 Subtotal - Relmbursables 6500.00 Total Project Budget i 79,873,1 6 J 6/20/2017 Labor Hour Estimate Total'Budget' Project S Resident i - Design ( CAD 1 Const Survey r Document Document - Task Description Manager ; Engineer Engineer ITechnician Inspector Crew .) Specialist's Admin $ 179 57 .1 $ 1.09.89 1 $ 99.17 II $ 80.41 .1 $ 100.51 . $ 155.45. $ 101.85 I', $ 88.45. Budget 1 - Management and Administration (Estimated duration 16 weeks) Weekly level of effort by Classification 1 Preconstruction Budget Estimate 16 2 - Preconstruction Services (Estimated duration 2 weeks) Weekly level of effort by Classification 0 Preconstruction Budget Estimate 0 0 0 0 0 8 16 16 $ 4,288.32 0 4,116.79 1 3 - Construction Services (Estimated duration 12 weeks) Weekly level of effort by Classification L 0 I I 1 Construction Period Budget Estimate 0 8 I 4 96 II 48 0 24 0 288 12 144 0 58,921.52 4 - Closeout/Record Dwg Services (Estimated duration 2 weeks) Weekly level of effort by Classification ( 0 L 8 I 2 1 4 0 12 Closeout / Record Dwg Budget Estimate 0 16 4 8 8 0 24 0 6,046.53 Subtotal- rvLabor ' 16 f120 i 52 j 8 is 312 r_._ . _.. � 0 �..` ....184' �... _1 fi f � 73,373.16 Relmbursables & Subconsultants Material Testing Allowance $ Mileage $ Miscellaneous - Repro, Field Supplies $ 5,000.00 1,000.00 500.00 Subtotal - Relmbursables 6500.00 Total Project Budget i 79,873,1 6 J 6/20/2017 30 City of Tu kwi la City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes June 27, 2017 - 5:30 p. m. - Foster Conference Room, 6300 Building Councilmembers: Kate Kruller, Chair; Joe Duffie, De'Sean Quinn Staff: Robin Tischmak, Bob Giberson, Gail Labanara, Ryan Larson, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. 1. PRESENTATIONS II. BUSINESS AGENDA There was consensus to consider the Waterworks Grant Application as the last item of business. A. SupplementalAereement: 2017 Annual Small Drainage Program Staff is seeking Council approval of Supplemental Agreement No.1 to Contract No. 17 -041 with KPG, Inc. in the amount of $79,873.16 for construction management services for the 2017 Annual Small Drainage Program. KPG, Inc. designed the program and was deemed the most qualified of three firms that were evaluated. APPROVAL. FORWARD TO JULY 17, 2017 REGULAR CONSENT AGENDA. B. Bid Award: Baker Boulevard Non - Motorized Improvement Project Staff is seeking Council approval of a contract with Road Construction Northwest in the amount of $799,143.00 for construction of the Baker Boulevard Non - Motorized Improvements Project. Road Construction Northwest was the lowest bidder and has completed two recent construction projects in the City. The project will construct bike lanes and a road diet on Baker Boulevard from Andover Park West to Christensen Road. Reconstruction of sidewalk access ramps at Andover Park East and Baker Boulevard was included as well in anticipation of better bids and cost savings. UNANIMOUS APPROVAL. FORWARD TO JULY 17, 2017 REGULAR CONSENTAGENDA. Councilmember Quinn recused himself from consideration of the next item and left the meeting room. C. Grant Application: Water Quality y esting at Riverton, Southgate and Gilliam Creeks Staff is seeking Committee approval to apply for a King County Wastewater Treatment Division Waterworks grant to fund water quality testing at Riverton, Southgate and Gilliam Creeks. If awarded, grant proceeds will be used to collect and analyze one year of data at three locations within each creek in order to identify water quality deficiencies. The City match of $9,500 is available from the Storm Water Quality Retrofit Program and would be used for staff project management whereas the grant funds would go toward a water quality science firm. MAJORITY COMMITTEE APPROVAL. 31 32 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial, Meetin ,g Date Prepared b ar', review Council review 07/17/17 BG ITEM INFORMATION ITEM NO. I . CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 07/17/17 AGENDA ITEM TITLE Baker Blvd Non - Motorized Improvements Bid Award to Road Construction Northwest CATEGORY ❑ Discussion Mtg Date ❑ motion Mtg Date ❑ Resolution Mtg Date ❑Ordinance Mtg Date ®BidAward Mtg Date 07117117 ❑Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council [:]Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ® PWI SPONSOR'S The Baker Blvd Non - Motorized Improvement Project was advertised for bids on June 6 and SUMMARY 13, 2017 and two bids were opened on June 20. Road Construction Northwest was the apparent low bidder and has experience with projects of similar scope and size. This street project will install bike lanes, ADA ramps, and a road diet on Baker Blvd from Andover Park West to Christensen Rd. Council is being asked to award the bid to Road Construction Northwest in the amount of $799,143.00. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ® Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 06/27/17 COMNHTTEE CHAIR: KATE KRULLER RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $799,143.00 $882,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGES 15 & 20, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 07/17/17 MTG. DATE ATTACHMENTS 07/17/17 Informational Memorandum dated 06/23/17 Pages 15 & 20, 2017 CIP Bid Tabulation Minutes from the Transportation & Infrastructure Committee meeting of 06/27/17 33 34 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Bob Giberson, Public Works Director BY: Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: June 23, 2017 SUBJECT: Baker Boulevard Non - Motorized Improvements Project Project Nos. 91610409 Bid Award ISSUE Award the construction contract to Road Construction Northwest for the Baker Boulevard Non - Motorized Improvements Project. BACKGROUND Baker Blvd Non - Motorized Improvements include bike lanes and a road diet on Baker Blvd from Andover Park West to Christensen Rd. Reconstruction of sidewalk access ramps at the intersection of Andover Park East/Baker Blvd was a proposed project as part of the City's Americans with Disabilities Act (ADA) Program and was included with this project in anticipation of better bids and cost savings. A call for bids was advertised on June 6 and June 13, 2017. One addendum was issued clarifying the bid documents. Two bids were publicly opened at 10:00 am on June 20, 2017 and the lowest bid was received from Road Construction Northwest. DISCUSSION The construction bids were reviewed and no errors or irregularities were found. Road Construction Northwest has successfully completed two recent construction projects for the City of Tukwila and has experience with projects of similar size and scope. Road Construction Northwest does not have any exceptions and they have not been debarred from working on federally funded projects. FINANCIAL IMPACT The proposed bid is within the project budget. Funding for this project is from the $1 million grant funding from King County Department of Natural Resources and Parks and the City's ADA Improvement Program. Design costs were approximately $22,000 less than budgeted. Contingency is budgeted at 10 %. Construction Contract ADA Improvements Unused Design funds Contingency (10 %) Total RECOMMENDATION Bid Results Engineer's Estimate 2017 Budget $799,143.00 $737,729.00 $780,000.00 80,000.00 22,000.00 79.914.00 0.00 0.00 YANXI 1 'm 111 11 Council is asked to award the construction contract to Road Construction Northwest in the amount of $799,143.00 for the Baker Boulevard Non - Motorized Improvements Project and consider this item on the Consent Agenda at the July 17, 2017 Regular Meeting. Attachments: 2017 CIP, Pages 15 & 20 Bid Tabulation WAPW Eng \PROJECTS\A- RW & RS Projects\Baker BNd Non - Motorized (91610409)\Design \Info Memo Bid Award 062317.docx 35 36 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Baker Blvd Non - Motorized Improvements Project No. 91610409 Design and construct non - motorized improvements on Baker Blvd from Andover Park West to Christensen Rd, DESCRIPTION: including bike lanes with a proposed road diet. Project will also construct previously designed non - motorized improvement on Christensen Rd from Baker Blvd to the Green River trail. JUSTIFICATION: Improve non - motorized connections between the Tukwila Transit Center and Tukwila Station. STATUS: New project for the 2017 - 2022 CIP. MAINT. IMPACT: Minimal impact, project includes new sidewalk trail and pavement markings. COMMENT: Project is a component of the TUC/TOD Pedestrian Improvements. Grant funding by the King County Dept of Natural Resources and Parks. FINANCIAL Through Estimated (in S000'sl 2015 2016 2017 2018 2019 .2020 2021 2022 BEYOND TOTAL EXPENSES MINE Design 100 f� 100 Land (R/W) 0 Const. Mgmt. GIS 120 120 Construction 780 780 TOTAL EXPENSES 1 0 0 1,000 1 0 0 0 0 0 0 1,000 FUND SOURCES Awarded Grant 0 King County 1,000 1,000 Mitigation Actual 0 Traffic Impact Fees 0 City Oper. Revenue 0 0 0 0 0 0 0 0 0 0 TOTAL SOURCES 0 0 1,000 0 0 01 0 0 0 1 1,000 2017 - 2022 Capital Improvement Program 15 37 MINE J' f� GIS 2017 - 2022 Capital Improvement Program 15 37 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Americans with Disabilities Act (ADA) Improvements Project No. 91210405 DESCRIPTION: Construct ADA compliant upgrades to City infrastructure in conjunction with a City developed plan. The enforcement of ADA laws and standards was delayed pending legal challenges and studies. Recent JUSTIFICATION: court rulings now mandate ADA compliance. The City must provide upgrades with most construction projects. - Provide annual funding to construct improvements as necessary. Began the ADA Transition Plan in 2016 with STATUS: adoption in 2017. The goal is to resolve ADA compliance issues within a reasonable time period. MAINT.IMPACT: Negligible. 25 Project will be ongoing until City facilities and infrastructure meet ADA requirements. This will also COMMENT: include ADA compliance by utilities and private development. 25 25 FINANCIAL Through Estimated (in S000'sl 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 116 28 25 25 25 25 25 25 25 319 Land (R/W) 0 Const. Mgmt. 25 8 25 25 25 25 25 25 550 733 Construction 87 50 150 150 150 150 150 150 4,000 5,037 TOTAL EXPENSES 228 86 200 200 200 200 200 200 4,575 6,089 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Traffic Impact Fees 0 City Oper. Revenue 228 86 200 200 200 200 200 200 4,575 6,089 TOTAL SOURCES 228 86 200 200 200 200 200 200 4,575 6,089 2017 - 2022 Capital Improvement Program 20 Certified Bid Tab Baker Boulevard Non - Motorized Improvements Project Engineers Estimate Road Construction Northwest Active Construction. ;1eliCl em,Noll Item Description [Quantit7 munit III 11.17KFliiall 111:5tirtgiall litUnii Price Total Pnce NUnit Price tTotal_P_iice� ROADWAY 1 MOBILIZATION - 1 LS $ 51,641.03 $ 51,641.03 5 75,000.00 $ 75,000.00 $ 132,012.00 $ 132,012.00 2 RESOLUTION OF UTILITY CONFLICTS 1 EST $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 5 7,500.00 $ 7,500.00 3 TRAFFIC CONTROL LABOR, MIN. BID $ 35 PER HOUR 640 HR $ 45.00 $ 28,800.00 $ 70.00 $ 44,800.00 $ 70.00 $ 44,800.00 4 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $ 14,920.00 $ 14,920.00 $ 20,000.00 $ 20,000.00 5 11,000.00 $ 11,000.00 5 UNEXPECTED SITE CHANGES 1 EST $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 6 ROADWAY SURVEYING 1 LS $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 7 SPCC PLAN 1 LS $ 2,000.00 $ 2,000.00 $ 1,200.00 $ 1,200.00 $ 150.00 $ 150.00 8 CLEARING AND GRUBBING 1 LS $ 6,552.00 $ 6,552.00 $ 6,000.00 $ 6,000.00 $ 6,500.00 $ 6,500.00 9 REMOVAL OF STRUCTURE AND OBSTRUCTION 1 LS $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 5,000.00 $ 20,000.00 $ 20,000.00 10 ROADWAY EXCAVATION INCL. HAUL 1 LS $ 23,000.00 $ 23,000.00 $ 37,500.00 $ 37,500.00 $ 35,000.00 $ 35,000.00 11 GRAVEL BORROW INCL. HAUL 170 TN $ 10.00 $,'t�. -_- ;:''1,670.00 $ 25.00 $ 4,250.00 $ 40.00 $ 6,800.00 12 CRUSHED SURFACING BASE COURSE 125 TON $ 30.00 $ 3,750.00 $ 60.00 $ 7,500.00 $ 83.00 $ 10,375.00 13 CRUSHED SURFACING TOP COURSE 60 TN $ 35.00 $ 2,100.00 $ 60.00 5 3,600.00 5 50.00 $ 3,000.00 14 HMA Cl. 1/2 In. PG 64 -22 120 TON $ 175.00 20,300.00 $ 190.00 $ 22,800.00 $ 227.00 $ 27,240.00 15 INLET PROTECTION 25 EA $ 110.00 $ 2,750.00 $ 85.00 $ 2,125.00 $ 90.00 $ 2,250.00 16 EROSION/WATER POLLUTION CONTROL 1 LS $ 15,500.00 $ 15,500.00 $ 3,500.00 $ 3,500.00 5 13,500.00 $ 13,500.00 17 CEMENT CONC. TRAFFIC CURB AND GUTTER 900 LF $ 55.00 $ 49,500.00 $ 35.00 $ 31,500.00 $ 37.00 $ 33,300.00 18 CEMENT CONC. PEDESTRIAN CURB 295 LF $ 45.00 $ 13,275.00 $ 34.00 $ 10,030.00 $ 44.00 $ 12,980.00 19 ADJUST CATCH BASIN /MANHOLE TO GRADE 8 EA $ 575.00 $ 4,600.00 $ 750.00 $ 6,000.00 $ 900.00 $ 7,200.00 20 ADJUST EXISTING UTILITY TO GRADE 2 EA $ 500.00 $ 1,000.00 $ 700.00 $ 1,400.00 $ 650.00 $ 1,300.00 $ 286,358.03 $ 319,705.00 $ 403,907.00 SIDEWALK 21 CEMENT CONC. DRIVEWAY ENTRANCE 45 SY $ 100.00 $ 4,500.00 $ 66.00 $ 2,970.00 $ 84.00 $ 3,780.00 22 CEMENT CONC. SIDEWALK 670 SY $ 87.50 $ 58,625.00 $ 52.00 $ 34,840.00 $ 56.00 $ 37,520,00 23 DECORATIVE CEMENT CONC. FINISH TYPE 2 6 SY $ 1,000.00 $ 6,000.00 $ 335.00 $ 2,010.00 $ 490.00 $ 2,940.00 24 CEMENT CONC. CURB RAMP 12 EA $ 1,406.25 $ 16,875.00 $ 2,750.00 $ 33,000.00 $ 3,200.00 $ 38,400.00 25 INSTALL OWNER- PROVIDED BIKE RACK 2 EA $ 500.00 $ 1,000.00 $ 1,500.00 $ 3,000.00 $ 650.00 $ 1,300.00 26 NON -SKID SURFACE TREATMENT 1 LS $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 4,000.00 $ 4,000.00 27 PAVEMENT EDGE GUIDE 12 LF $ 25.00 $ 300.00 $ 300.00 $ 3,600.00 $ 117.00 $ 1,404.00 $ 89,300.00 5 80,420.00 $ 89,344.00 TRAFFIC CONTROL DEVICES 28 REMOVING PAVEMENT MARKINGS 1 LS $ 5,000.00 $ 5,000.00 $ 3,300.00 $ 3,300.00 $ 3,500.00 $ 3,500.00 29 PLASTIC LINE 2400 LF 5 10.00 $: ...;23,900:00 $ 4.50 $ 10,800.00 $ 5.00 $ 12,000.00 30 PLASTIC 6 IN LINE 650 SF $ 14.00 $ 9,100.00 $ 6.75 $ 4,387.50 $ 7.00 $ 4,550.00 31 PLASTIC GREEN LINE 4400 SF 5 10.00 $;, • :• 43,850.00 $ 11.20 $ 49,280.00 $ 11.00 $ 48,400.00 32 PLASTIC CROSSWALK LINE 850 SF $ 7.00 $ 5,950.00 $ 9.75 $ 8,287.50 $ 10.00 $ 8,500.00 33 PLASTIC STOP LINE 130 LF $ 14,00 -$ :,,'; :,1;540.00 $ 17.00 $ 2,210.00 $ 17.00 $ 2,210.00 34 PLASTIC BICYCLE LANE SYMBOL 23 EA $ 200.00 $ 4,600.00 $ 325.00 $ 7,475.00 $ 350.00 $ 8,050.00 35 PLASTIC TRAFFIC ARROW 16 EA $ 200.00 $ 3,200.00 $ 300.00 $ 4,800.00 $ 300.00 $ 4,800.00 36 PLASTIC TRAFFIC LETTER 7 EA $ 200.00 $ 1,400.00 $ 125.00 $ 875.00 $ 130.00 $ 910.00 37 RAISED PAVEMENT MARKER TYPE 1 9 HUND $ 400.00 $,--'-.,,T- = `,3480.00' $ 350.00 $ 3,150.00 $ 350.00 $ 3,150.00 38 RAISED PAVEMENT MARKER TYPE 2 2 HUND $ 500.00 $u=.. `,=:- "600.00' $ 425.00 $ 850.00 $ 450.00 $ 900.00 39 PERMANENT SIGNING 1 LS $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 $ 107,620.00 $ 110,415.00 $ 108,970.00 ROADSIDE DEVELOPMENT 40 PROPERTY RESTORATION 1 EST $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 41 TOPSOIL TYPE A 90 CY $ 62.50 $1-.1,:- : 6,875.00 $ 47.00 $ 4,230.00 $ 56.00 $ 5,040.00 City of Tukwila 42nd Ave S - Phase 111 Bid Tab 6/20/2017 Certified Bid Tab Baker Boulevard Non - Motorized Improvements Project Engineers Estimate Road Construction Northwest Active Construction Bid Item No ( Item Description_ - = Quantity : Unit' _ Unit Price Total Price, Unit Price Total Price, Unit Price, Total Price 42 BARK OR WOOD CHIP MULCH 25 CY $ 52.50 $ 1,732.50 $ 50.00 $ 1,250.00 $ 69.00 S 1,725.00 43 SEEDED LAWN INSTALLATION 55 SY $ 2.50 $ 137.50 $ 2.00 $ 110.00 $ 19.00 $ 1,045.00 44 PSIPE Fraxinus latifolia/Oregon Ash; 2.5' Cal., 12' -14' Ht. 7 EA $ 450.00 $ 3,150.00 $ 400.00 $ 2,800.00 $ 378.00 $ 2,646.00 45 Huckleberry; 18" Ht. & Sp. 17 EA $ 28.00 g 476.00 $ 34.00 $ 578.00 $ 31.00 $ 527.00 46 PSIPE Spiraea betulifola'Tor/ Tor Birchleaf Spirea; 18" Ht. & Sp. 31 EA $ 28.00 $ 868.00 $ 31.50 $ 976.50 g 28.00 $ 868.00 47 Dogwood; 2 Gal. Cont. 37 EA $ 22.00 $ 814.00 $ 22.50 $ 832.50 $ 21.00 $ 777.00 48 PSIPE Gaultheria shailon/ Salal; 2 Gal. Cont. 33 EA $ 22.00 5 726.00 $ 22.50 $ 742.50 $ 21.00 $ 693.00 49 PSIPE Mahonia nervosa/ Cascade Oregon Grape; 2 Gal. Cont. 81 EA $ 22.00 $ 1,782.00 $ 26.00 $ 2,106.00 $ 25.00 $ 2,025.00 50 PSIPE Polystichum munitum/ Sword Fern; 2 Gal. Cont. i 95 EA $ 22.00 $ 2,090.00 $ 22.50 $ 2,137.50 $ 21.00 $ 1,995.00 51 PSIPE Iris tenax; 1 Gal. Cont. 35 EA $ 12.00 $ 420.00 $ 16.00 $ 560.00 $ 16.00 $ 560.00 52 PSIPE Asarum caudatum/ Wild Ginger; 1 Gal. Cont. 65 EA 5 12.00 $ 780.00 $ 18.00 $ 1,170.00 $ 12.00 $ 780.00 53 PSIPE Arctostaphylos uva -ursi/ Kinnikinnick; 1 Gal. Cont. 35 . EA $ 12.00 $ 420.00 $ 13.50 $ 472.50 $ 12.00 $ 420.00 54 PSIPE Fragaria chiloensis/ Beach Strawberry; 1 Gal. Cont. 325 EA $ 12.00 $ 3,900.00 $ 13.50 $ 4,387.50 $ 12.00 $ 3,900.00 55 AUTOMATIC IRRIGATION SYSTEM, COMPLETE 1 LS $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 12,000.00 $ 25,000.00 $ 25,000.00 56 WAYFINDING SIGN _ 1 LS $ 10,000.00 $ 10,000.00 $ 9,000.00 $ 9,000.00 $ 25,000.00 $ 25,000.00 $ 51,171.00 $ 48,353.00 $ 78,001.00 STORM DRAINAGE - 57 REMOVING DRAINAGE STRUCTURE 2 EA $ 500.00 $ 1,000.00 $ 950.00 $ 1,900.00 $ 375.00 $ 750.00 58 TRENCH SAFETY SYSTEMS - 1 LS $ 2,500.00 $ 2,500.00 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 59 CATCH BASIN TYPE 1 9 EA $ 1,500.00 $ 13,500.00 $ 1,350.00 5' 12,150.00 $ 1,750.00 S 15,750.00 60 SOLID COVER 2 EA $ 500.00 $S , 500.00 $ 600.00 $ 1,200.00 $ 900.00 $ 1,800.00 61 DUCTILE IRON STORM SEWER PIPE 8 IN. DIAM. ' 10 LF $ 150.00 $ 1,500.00 $ 225.00 $ 2,250.00 $ 167.00 $ 1,670.00 62 SCHEDULE A STORM SEWER PIPE 12 IN. DIAM. 130 LF $ 40.00 $- ., 5,080.00 $ 185.00 $ 24,050.00 $ 95.00 $ 12,350.00 63 CONTROLLED DENSITY FILL 45 CY $ 150.00 $ 6,750.00 $ 150.00 $ 6,750.00 $ 230.00 $ 10,350.00 64 , CONNECTION TO DRAINAGE STRUCTURE 3 EA $ 500.00 $ 1,500.00 $ 1,000.00 $ 3,000.00 $ 1,100.00 $ 3,300.00 65 ROTATE MANHOLE ACCESS 1 EA $ 2,000.00 S 2,000.00 $ 2,500.00 $ ' 2,500.00 $ 800.00 $ 800.00 S 34,330.00 $ 54,300.00 $ 47,770.00 WATER 66 ADJUST VALVE BOX 5 EA $ 700.00 $ 3,500.00 $ 550.00 $ 2,750.00 $ 400.00 $ 2,000.00 67 REMOVE HYDRANT ASSEMBLY 1 EA $ 150.00 $ 150.00 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 2,000.00 68 HYDRANT ASSEMBLY 1 EA $ 7,000.00 $ 7,000.00 $ 6,200.00 $ 6,200.00 $ 7,500.00 $ 7,500.00 69 SERVICE CONNECTION 3/4 IN. DIAM. 1 EA $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 71 DUCTILE IRON PIPE FOR WATER MAIN 6 IN. DIAM. 8 LF $ 150.00 $ , 1,050.00 $ 400.00 $ 3,200.00 $ 800.00 $ 6,400.00 70 DUCTILE IRON PIPE FOR WATER MAIN 8IN. DIAM. 16 LF $ 150.00 $ . 2,250.00 $ 300.00 $ 4,800.00 $ 250.00 $ 4,000.00 • $ 16,950.00 $ 20,950.00 $ 24,900.00 ILLUMINATION AND SIGNAL SYSTEM 72 ILLUMINATION MODIFICATIONS, CHRISTENSEN RD, COMPLETE 1 LS $ 92,000.00 $ 92,000.00 $ 89,000.00 $ 89,000.00 $ ' ' 75,000.00 $ 75,000.00 73 COMPLETE 1 LS $ 60,000.00 $ 60,000.00 $ 76,000.00 $ 76,000.00 $ 65,000.00 $ 65,000.00 Subtotal $ 152,000.00 $ 165,000.00 $ 140,000.00 TOTAL CONSTRUCTION BID $737,729.03 $799,143.00 $892,892.00 • No Errors in Contractor Bid Proposals. • Highlighted areas within the Engineer's Estimate are not direct calculations of number of units times the unit price generally due to rounding within the engineered units. The Unit Prices shown are what was included in the Engineer's Estimate read at bid opening. Certified by Cynty Knig n, Senio?Program Manager City of Tukwila 42nd Ave S - Phase 111 Dat&uce 20, Bid Tab 6/20/2017 CO UNCIL AGENDA SYNOPSIS nitials Meeting Date Prepared by Mayor's review Council review 07/17/17 BJM ITEM INFORMATION ITEM NO. N 41 ST'AFFSPONSOR: BRANDON MILES ORIGINAL AGENDADATI:: 07/17/17 AGI-NDA I'rEM TITLE Approval of Lodging Tax Application for "Family Fun Night at S2, presented by the City of Tukwila." CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 7117117 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other AlIg Date SPONSOR ❑Council ®Mayor E] FIR ❑DCD ❑Finance E]-Fire ❑TS ❑P &R ❑Police ❑Plrl ❑Court SPONSOR'S The City's LTAC has forward to the City Council a funding request by the City of Tukwila for SUMMARY $25,000 to sponsor and market "Family Fun Night" at the September 9th S2 game at Starfire Sports. LTAC recommends approval of the request. The funding for the request will come from the City's lodging tax funds, which are limited to use for tourism promotion activities only. REVIEWED BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 7/10/17 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office Economic Development COMWI -IT }s Unanimous Approval; Forward to Consent Agenda. COST IMPACT / FUND SOURCE EXPENDITURT- REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $25,000 $100,000 $0.00 Fund Source: 101 FUND (LODGING TAX) Comments: State Law Jim& the use of lodging tax funds to toursim promotion activities MTG. DATE RECORD OF COUNCIL ACTION 7/17/17 MTG. DATE ATTACHMENTS 7/17/17 Informational Memorandum dated 6/30/17 Lodging Tax Application. Minutes from the Community Development and Neighborhoods meeting of 7/10/17 41 42 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: June 30, 2017 SUBJECT: City of Tukwila Lodging Tax Application Family Niaht at S2 ISSUE Review of Lodging Tax application forward to the City Council by the City's Lodging Tax Advisory Committee (LTAC) for "Family Night at S2." BACKGROUND The City's LTAC has forward to the City Council a funding request by the City of Tukwila for $25,000' to sponsor and market "Family Fun Night" at the September 91h S2 game at Starfire Sports. LTAC recommends approval of the request. Since 2015 the Seattle Sounders FC second team, S2 has played all its home games at the Starfire Sports in Tukwila. S2 plays in the United Soccer League (USL) and a is a developmental team for young soccer players hoping to play professional soccer. On Saturday, September 91h, the City and Sounders FC are proposing to hold a game entitled "family night at S2." The goal of the family night is to bring families, with young children to the game, to experience soccer and to engage in a variety of family friendly activities before, during, and after the game. The City of Tukwila will be the presenting sponsor for the game and the current working title for the game is, "Family Night at S2, presented by the City of Tukwila." The following are staff's goal with sponsoring the game: 1. Attendance. Increase the attendance at the game. Higher attendance means more revenue for area businesses. The City also wants to add a stay and play component to the game. Encourage people to make a night of it and stay in a Tukwila hotel. 2. Branding. Sponsorship of the branding is consistent with the family focused brand the City has been discussing. The branding would not just be for those individuals who attend the game, but also for those that view the advertising campaign for the game. 3. Return Visits. Attendees of the event will also be provided a grab bag with goodies and discounts at Tukwila businesses. The goal is to bring these soccer fans back to the City on multiple occasions, including a holiday season "stay and shop" offer. 4. Partner Development. The game provides an opportunity for the City and businesses in the City, to build relationships with Seattle Sounders FC. The funds will come from the City's lodging tax funds, which under Washington State law, are limited to only being used for tourism promotion activities. 43 INFORMATIONAL MEMO Page 2 The City and Sounders FC are currently contemplating the following activities at the game: • Bouncy House • Face painting • Giant Jenga • Soccer Hexagon • Fire and Police equipment on site • Grab bag • Music The activities listed above will likely grow as we engage businesses and other partners during the planning stage. The City and Seattle Sounders will also work to market the game to families and soccer fans in the area. The City will run ads in Seattle area publications targeted to families. Sounder FC will use their own media platforms, including radio, to promote the game. To following are the outcomes the City will use to evaluate the sponsorship: 1. Total attendees at the match. The goal will be to have a significant higher attendance than the average attendance for S2 games this season. 2. Coupon redemption. Business that provide coupons and discounts will be asked to track redemption to we can estimate utilization. 3. Digital Metrics. Measure the success of our digital ads, including click through traffic. 4. Social Media. Track likes, shares, views, and comments of social media posts, both by the City and Sounders FC. DISCUSSION The game sponsorship provides the City with a great opportunity to help position the City in the region as a great place for families to visit. Seattle Sounders FC have a strong, well known brand that the City can piggyback on to promote the City. The game will bring people to the City to visit eat at restaurants, shop at stores, and experience some great family friendly entertainment. FINANCIAL IMPACT. Not to exceed $25,000, with the funds coming from lodging tax funds, which under State Law, can only be used for tourism promotion. These funds are budgeted in the 2017 expenditures for the 101 fund (lodging tax). RECOMMENDATION Forward to the July 17, 2017 consent agenda. ATTACHMENTS • City of Tukwila Lodging Tax Application for "Family Night at S2." 44 Z'\Council Agenda Item ffisWayors OceTamily Fun NightllnfoMemo, 2017.06.30.doc Application to the City of Tukwila for Use of 2017 Lodging Tax Funds Event or Activity Name (if applicable): City of Tukwila, "Family Night at S2" Amount of Lodging Tax Requested: $25,000 (not to exceed) Applicant Organization: City of Tukwila, Economic Development Federal Tax ID Number: 91- 6001519 Mailing Address: 6200 Southcenter Blvd Tukwila, WA 98188 Primary Contact Name: Brandon J. Miles Primary Contact Phone: (206) 431 -3684 Primary Contact Email Address: Brandon.Miles @Tukwilawa.gov Check all the service categories that apply to this application: ✓ Tourism promotion or marketing. ✓ Operation of a special event or festival designed to attract tourists. Operation of a tourism - related facility owned or operated by a non - profit organization. Operation and /or capital costs of a tourism - related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non - Profit (501(c)(3) or 501 (c)(6)J (Note: Attach a copy of your current non - profit corporate registration from the Washington Secretary of State Office) ✓ Municipality (City, Town, or County of Washington State) I am an authorized agent of the organization /agency applying for funding. I understand that: • 1 am proposing a tourism - related service for 2017. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My agency will be required to submit a report documenting economic impact results in a format determined by the City. /s/ Signature: Brandon J. Miles, Business Relations Manager Date: June 16, 2017 45 1) Describe your tourism - related activity or event. On September 9t', the Seattle Sounders 2nd team S2, will be playing a home game against Reno 1868 FC. The City is proposing to sponsor the game under the current working title, "Family Night at S2, presented by the City of Tukwila." This "Family Night" will be more than just a soccer game, but will be an entire evening of family entertainment. Currently, the City and the Seattle Sounders FC are considering the following activities before and during the game: 1. Bouncy House; 2. Face Painting; 3. Giant Jenga; 4. Tukwila Fire Truck and Equipment, with personal. 5. City Police Equipment, with personal. 6. Soccer hexagon, presented by CHI Franciscan 7. Grab bag, with goodies. 8. Music The following are the goals of the sponsorship of the game: 1. Attendance. Increase the attendance at the game. Higher attendance means more revenue for area businesses. The City also wants to add a stay and play component to the game. Encourage people to make a night of it and stay in a Tukwila hotel. 2. Branding. Sponsorship of the branding is consistent with the family focused brand we have been discussing. The branding would not just be for those individuals who attend the game, but also for those that view the advertising campaign for the game. 3. Return Visits. Attendees of the event will also be provided a grab bag with goodies and discounts at Tukwila businesses. The goal is to bring these soccer fans back to the City on multiple occasions. 4. Partner Development. The game provides an opportunity for the City and businesses in the City, to build relationships with Seattle Sounders FC. 2) If an event, list the event name, date(s), and projected overall attendance. Right now the average attendance for S2 games, is just under 1,000 fans. With this event, we hope to bring in an additional 1,000 fans, so the total estimated attendance would be around 2,000. Beside attendance, we also hope to get repeat visitors with people who redeem the vouchers at Tukwila businesses. Assuming a 10% redemption rate, we would see 200 of the fans returning to the City. 3) Is your event /activity /facility focusing on attracting overnight tourists, day tourists, or both? 2 EN S2 games are typically attended by fans within a one -hour drive of the City. As part of this game, we will establish a host hotel and promote staying and making a weekend out of it. 4) Describe why visitors will travel to Tukwila to attend your event /activity /facility. As discussed above, just under 1,000 fans have been attending S2 games this year. During its first year of play, S2 was averaging around 2,000 fans. Fan attendance has dropped over the last few years due to a variety of factors, such as the scheduling of games and conflict with MLS games on the same weekend. Adding a family focused game experience will help to drive up attendance and is consistent with what minor league baseball teams to drive attendance. We know S2 can draw fans and the proposed family friendly event will help to bring more fans to the games by providing a unique experience to soccer fans and non - soccer fans. Approximately 2 million people live within a 30- minute drive of the City of Tukwila. Starfire's convenient location will provide a great family getaway on a weekend. The game date is also deliberate to maximize participation. This will be the first week of school for most school districts in the area, including Seattle. Most families will be home during this week and the games provides an opportunity for one last evening of summer fun. 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and /or internationally). The geographic target for the event are people within a one -hour drive of the Starfire Sports Campus. However, the reach of the advertising campaign will be regional. Seattle Sounders FC will promote the game on their digital platforms. Seattle Sounders FC are geographically dispersed around the Puget Sound and Pacific NW. The City will also do its own advertising campaign in local, family friendly publications. The reach for this advertising will be within a one -hour drive. 6) Describe the prior success of your event /activity /facility in attracting tourists. Starfire Sports, Seattle Sounders FC, and the City each have a history of organizing a putting on events catered to children and families. Last year the City of Tukwila and Seattle Sounders collaborated on a sendoff event for the first team heading to Toronto to win the MLS Cup. The event was organized on short notice, but received great media coverage, social media coverage and positive reactions from fans. 7) If this your first time holding the event /activity /facility provide background on why you think it will be successful. 3 CYA This is the third year of S2 matches being played at Starfire Sports. Starfire and Seattle Sounders FC have the operations of the game well organized. This event will build off the standard S2 game and include more family friendly elements. It will be successful because the game will focus on a segmentation of the soccer community, families with children by offering a value and convenient activity. For a small nominal charge, a family can get an evening of family activities. Families will also be provided coupons for reasons to come back to Tukwila, such as a discount to iFly, Family Fun Center and /or other activities. A hotel voucher could also be tied into the grab bag to encourage people to stay and shop during the holiday season. 8) Describe the media strategy you employ to promote your event /activity /facility to attract overnight and /or day tourists? Please list any digital or print media (newsletters, e- blasts, social media, etc.) your agency uses or intends to use to promote your event /activity /facility. There will be a two prong media strategy to promote the game: Seattle Sounders The Seattle Sounders will promote the game, and the family friendly aspects of the game, through its digital media, including Facebook and an electronic newsletter. Additionally, the game will also be promoted in PA announcements at S2 games prior to the family friendly night. The Sounders will also promote the game in radio broadcasts of MLS games on 97.3 KIRO. The Sounder advertising will focus on soccer enthusiasts in the region. All advertising will note that the family friendly game is "...presented by the City of Tukwila." This is the current plan by Sounders FC and maybe refined as we move ahead. City of Tukwila The City will run a separate advertising campaign in family friendly medias, both print and digital in the region. These medias could include Parentmap, Red Tri, Seattle Child and /or South Sound Magazine. Additionally, the City will work to get earned media for the event and take advantage of free directories for things to do in the region. The City's campaign is broader than just soccer fans, and will focus on families in general. The goal is to have over 400,000 media impressions. Besides the family friendly publication, the City will also ask our partners to promote the game through cross promotion. A minor social media campaign will also be used to help promote the game, but more importantly to promote the City while attendees are at the game. 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. The overall objective with this game sponsorship is to help position Tukwila as a family friendly destination. Besides the Seattle Sounders, other individual businesses may not be promoted in the ads. 4 .- Some ads might feature sponsors, business that contribute vouchers for giveaways. Tukwila businesses will be promoted in the grab bags handed out at the game. These businesses could include iFly, Family Fun Center, dining establishments, Acme Bowl, etc. The City is also hoping to establish a stay and play as part of the campaign. The City will work with a hotel to be the event hotel for families that might want to stay the night and not drive home. Hopefully people who have never been to a soccer game before will attend and make attending future soccer games in the City a regular occurrence. 10) Is the City able to use your digital and print media for collaborative marketing? N /A. This is a City event. 11) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? The current working title of the game is "Family Night, presented by the City of Tukwila." This is a Tukwila event and Tukwila's name will be used prominently in the advertising campaign. 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism - related service, provide an estimate of: a. Overall attendance at your proposed event /activity /facility. 2,000 direct attendees at the game. Another 200 repeat visitors to redeem vouchers, total 2,200. b. Number of people who will travel fewer than 50 miles for your 2,200 event /activity. c. Number of people who will travel more than 50 miles for your < 1% event /activity. .• d. Of the people who travel more than 50 miles, the number of people None. who will travel from another country or state. e. Of the people who travel more than 50 miles, the number of people 50 who will stay overnight in Tukwila. f. Of the people staying overnight, the number of people who will stay in 50 PAID accommodations (hotel /motel /bed- breakfast) in Tukwila. g. Number of paid lodging room nights resulting from your proposed 20 event/ activity /facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) The room nights include direct only an do not include any room nights that might generated with discounts to come back during the holiday season. 13) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc.? These are best guess estimates. S2 is currently averaging under 1,000 per game. We are assuming that an additional 1,000 people will come to the Family Fun night game. Most of the attendees will be within a one -hour drive of the City. We are assuming a small number will choose to stay the night and not drive home. We will track fan attendance at the game and voucher redemption for the businesses in the grab bag to track success of the event. Besides the metrics listed above, the following will also be used to track the outcomes of the sponsorship: 1. Total attendees at the match. Our goal is to have a significant higher attendance than the average attendance for S2 games this season. 2. Coupon redemption. We will ask businesses that provide goodies and coupons for the event to track redemption so we can estimate the total redemption rate. 3. Digital Metrics. We will track the click through rate of our digital ads. 1302 50 No No 4. Social Media. We will also track likes, shares, views, and comments of social media posts. 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? 15) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? 16) What is the overall budget for your event /activity /facility? What percent of the budget are you requesting from the City of Tukwila? The budget below only includes the additional costs associated with "Family Night at S2." It should be noted that the Seattle Sounders have costs associated with putting on the S2 matches, those costs are not reflected in the budget below. Budket Item Amount Notes Seattle Sounders advertising $10,000 The Sounders will assume the and cost reimbursement for costs of the bouncy house, face additional activities at the painting, Jenga, and soccer game. hexagon. Ad designs (Digital and Print) $5,000 Ad (digital and print) $5,000 Focus is on family friendly placements. publications. Operations $4,000 Possible staff time for fire, parks, and police personal at the game. Subtotal: $24,000 Contingency Funds: $1,000 Total: $25,000 Note: Costs could be moved between the various categories. The City is only paying the actual costs. Any funds not used for this event will remain in the lodging tax fund for use by other activities in the future. 7 51 17) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? If no funds were provided the game would still take place, but the additional activities would not take place. If reduced funds were provided the City would likely reduce or eliminate its own ad buy. Seattle Sounders FC has a very strong brand that the City can essentially piggyback on to build awareness about the City, bring people to the City, and to create a positive brand experience about the City. Staff has heard a desire from many in the community for the City to do more with the Sounders. This provides sponsorship provides an opportunity for the City to do a test run with the Sounders. After the game we can access if and how the City might want to provide forward with future sponsorship and advertising with Seattle Sounders FC. .Additionally, the sponsorship provides an opportunity for the City to test running ads with a family focused publication and tracking impressions. Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, Brandon.Miles@Tukwilawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 431 -3684 Brandon.Miles@Tukwilawa.gov 52 • City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes July 10, 2017- 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kate Kruller, Acting Chair, Joe Duffie, Dennis Robertson Staff: David Cline, Brandon Miles, Rick Mitchell, Jack Pace, Nora Gierloff, Stacy Hansen, Laurel Humphrey Guests: Marty Hartman and Liz McDaniel, Mary's Place; Jamie Durkan; Jan Bolerjack CALL TO ORDER: Acting Chair Kruller called the meeting to order at 5:30 p.m. 1. BUSINESS AGENDA A. Lodging Tax Application from the City of Tukwila for "Family Night at S2" Staff is seeking Council approval of an application from the City of Tukwila for lodging tax funds for "Family Fun Night at S2" in an amount not to exceed $25,000. The Lodging Tax Advisory Committee recommends Council approval of the request. If approved, funds will be used to sponsor and market "Family Fun Night" at the September 9th S2 game at Starfire Sports. Family friendly activities will be available before, during and after the game. UNANIMOUS APPROVAL. FORWARD TO JULY 17, 2017 REGULAR CONSENT AGENDA. B. Ordinance: Development Agreement with Mary's Place for a Temporary, Fly Shelter Staff is seeking Council approval of an ordinance to enter into a development agreement with Mary's Place for a temporary family shelter located in the former Barnaby's /Chateau Event Center at the southwest corner of Strander Boulevard and West Valley Highway. The center would prioritize Tukwila families and accommodate up to 90 residents in one or two parent families that include at least one minor child. Upgrades to the building would include showers, laundry, kitchen refurbishment, and installation of two modular buildings. The draft agreement proposes a term of three years with a possible two -year extension. Mary's Place operates many other facilities in the area and have a proven model of moving families out of homelessness with intensive services and support. The average Mary's Place stay is 86 days, but there is no limit as long as the family is working toward housing. Mary's Place representatives addressed the Committee to describe the program in detail, and Councilmembers asked clarifying questions. Each Councilmember expressed support for having Mary's Place in Tukwila. UNANIMOUS APPROVAL. FORWARD TO JULY 24, 2017 COMMITTEE OF THE WHOLE. ( *Note, on 7111 Mary's Place requested the City delay the public hearing until August) II. MISCELLANEOUS Adjourned 6:15 p.m. Committee Chair Approval _�/ Minutes by LH 53 54 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Meetin ,g Date Prepared by Ma or's r iew Council review 06/26/17 RM ❑ Resolution Mtg Date ® Ordinance Mtg Date 7/17/17 07/17/17 RM ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑.Finance ❑.Fire ❑TS ❑P &R ®Police ❑PW ❑Court SPONSOR'S Several complaints received regarding criminal behavior in the city parks and on city SUMMARY property. Currently the Trespass ordinance for city property is enforceable by civil infraction only. The intent is to create greater enforcement tools to guarantee the rights of all citizens to use city property as intended by design. The Council is being asked to consider and approve the ordinance. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 6/19/17 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMrITEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EYPF3NDITU1t1I RBQUIRI:-uD AMOUNT BUDGETED APPROPRIATION REQUIRED $d $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/26/17 ITEM INFORMATION ITEM NO. 5.A. 55 STAFF SPONSOR: RICK MITCHELL /KRAIG BOYD ORIGINAL AGENDA DATE: 6/26/17 AGENDA ITEM TITLE Trespass Ordinance for City Property CA'rEGORY ® Discussion Mtg Date 06/26/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 7/17/17 ❑ Bid Award Mtg Date ❑ Public Heariq Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑.Finance ❑.Fire ❑TS ❑P &R ®Police ❑PW ❑Court SPONSOR'S Several complaints received regarding criminal behavior in the city parks and on city SUMMARY property. Currently the Trespass ordinance for city property is enforceable by civil infraction only. The intent is to create greater enforcement tools to guarantee the rights of all citizens to use city property as intended by design. The Council is being asked to consider and approve the ordinance. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 6/19/17 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMrITEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EYPF3NDITU1t1I RBQUIRI:-uD AMOUNT BUDGETED APPROPRIATION REQUIRED $d $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/26/17 Forward to next Requ'lar Mpptinq MTG. DATE ATTACHMENTS 6/26/17 Informational Memorandum dated 6/S/17 Ordinance in draft form Minutes from the Public Safety Committee Meeting of 6/19/17 7/17/17 Ordinance in final form 55 LIfF LWAM City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL CODE RELATED TO TRESPASS WARNINGS ON CITY PROPERTY, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 8.23; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City recognizes that members of the public have legitimate interests and rights regarding the use and enjoyment of City owned or operated property, as well as certain rights protected by the United States Constitution and the Washington State Constitution and laws, including, but not limited to, the right to petition the government, the right to assembly, and the right to access sources of information; and WHEREAS, there is a demonstrated need for the City to adopt a legally sound process for being able to exclude from City property individuals whose behavior is dangerous, unsafe, illegal, or unreasonably disruptive to other users; and WHEREAS, the City desires to provide a specific method for the issuance of trespass warnings to such individuals, including placing limitations on trespass warnings and providing procedures for such individuals to promptly appeal the issuance of trespass warnings; and WHEREAS, this ordinance is enacted as an exercise of the City's authority to protect and preserve the public health, safety and welfare, while recognizing the rights of individuals to engage in legitimate activities that may occur on City property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 8.23 of the Tukwila Municipal Code Established. A chapter of the Tukwila Municipal Code entitled "Trespass Warnings on City Property," to be codified as Tukwila Municipal Code (TMC) Chapter 8.23, is hereby established to read as follows: W: Word Pro cessing \Ordinances \Trespass warnings on City property 4 -11 -17 RBT:bjs Page 1 of 7 57 CHAPTER 8.23 TRESPASS WARNINGS ON CITY PROPERTY Sections: 8.23.010 Purpose, Authority, and Applicability 8.23.020 Definitions 8.23.030 Trespass Warnings on City Property Section 2. Regulations Established. TMC Section 8.23.010, "Purpose, Authority, and Applicability," is hereby established to read as follows: 8.23.010 Purpose, Authority, and Applicability A. The purpose of this chapter is to adopt a legally sound process for being able to exclude from City owned or operated property individuals whose behavior is dangerous, unsafe, illegal, or unreasonably disruptive to other users. It is further the purpose of this chapter to provide for a specific method to allow for the issuance of trespass warnings to such individuals, including placing limitations on trespass warnings and providing procedures for such individuals to promptly appeal the issuance of trespass warnings in order to protect their right to engage in legitimate activities protected by the state and federal constitutions. B. This chapter is enacted as an exercise of the City's authority to protect and preserve the public health, safety and welfare. C. This chapter shall apply to all City property in the City of Tukwila, which for the purposes of this chapter shall include, but not be limited to: City buildings and other facilities, outdoor areas, parks, unimproved property, open spaces, property that is under lease to or otherwise operated and /or controlled by the City, and property that City owns in common with another property owner. This chapter shall not apply to public streets and sidewalks. Enforcement action shall only be taken for conduct violating rules adopted by the City for the location in which the conduct occurs, including any location covered by rules of conduct incorporated into any relevant City rule. Provided, that officers of the Tukwila Police Department may take enforcement action consistent with TMC Section 8.23.030.A, based on violations of other City codes, state statutes, and government rules or regulations. Section 3. Regulations Established. TMC Section 8.23.020, "Definitions," is hereby established to read as follows: 8.23.020 Definitions A. Behavior that is "dangerous" is behavior that creates an imminent and unreasonable risk of injury or harm to either persons or property of another or the actor. B. Behavior that is "illegal" is behavior that is prohibited by the laws of the United States, Washington State, King County, or the City of Tukwila and that includes, but is not limited to, any of the following types of behavior: W: Word Processing \Ordinances \Trespass warnings on City property 4 -11 -17 RBT:bjs Page 2 of % i 1. Threatening another person by communicating either directly or indirectly to another person the intent to cause bodily injury in the future to the person threatened or to any other person; or 2. Selling or using alcohol or drugs; or 3. Threatening or harassing behavior (e.g., fighting or threatening to fight, brandishing a weapon, stalking, verbally threatening to harm others or their property); or 4. Assaulting staff or other patrons; or 5. Sexual misconduct or harassment (e.g., indecent exposure, offensive touching, sexual acts). C. Behavior that is "unreasonably disruptive to other users" is behavior that is not constitutionally protected and that, in consideration of the nature, scope, use and purpose of the property in question, unreasonably interferes with others' use and enjoyment of said property. Examples of behavior that may unreasonably interfere with others' use and enjoyment of City property include, but are not limited to, any of the following: 1. Use of unreasonably hostile or aggressive language or gestures; or 2. Unreasonably loud vocal expression or unreasonably boisterous physical behavior; or 3. Using electronic or other communication devices in a manner that is unreasonably disruptive to others; or 4. Unreasonably interfering with the free passage of staff or patrons in or on City property; or 5. Behavior that is unreasonably inconsistent with the use for which the City property was designed and intended to be used (e.g., bathing, shaving, or washing clothes in a public bathroom or skateboarding in a public parking area or plaza). D. Any constitutionally protected action or speech is excluded from the prohibited behavior listed in this section. Section 4. Regulations Established. TMC Section 8.23.030, "Trespass Warnings on City Property," is hereby established to read as follows: 8.23.030 Trespass Warnings on City Property A. Officers of the Tukwila Police Department shall be empowered to issue a trespass warning to any individual who the officer has probable cause to believe has violated any City ordinance, state statute, or government rule or regulation relating to or prohibiting conduct that is dangerous, illegal, or unreasonably disruptive to other users of City property, as defined in TMC Section 8.23.020, while such individual is on or within any City property, as more specifically set forth in TMC Section 8.23.010.C. W: Word Processing \Ordinances \Trespass warnings on City property 4 -11 -17 RBT:bjs Page 3 of 7 59 B. Trespass warnings may be delivered in person to the offender or by first class mail to the offender at the offender's last known address. C. The offender need not be charged, tried, or convicted of any crime or infraction in order for the trespass warning to be issued or be effective. The warning may be based upon observation by a police officer or a City or other government employee or may be based upon a civilian report that would ordinarily be relied upon by police officers in the determination of probable cause. D. If the offender: 1. Has not been excluded from City property by a trespass warning issued within one year prior to the violation, then the warning may exclude the offender for a period not exceeding 7 days from the date of the warning. 2. Has been the subject of only one prior trespass warning issued within one year prior to the current violation, then the warning may exclude the offender for a period of more than 7 days but not more than 90 days from the date of the current warning. 3. Has been the subject of two or more prior trespass warnings issued within one year prior to the current violation, then the warning may exclude the offender for a period of more than 90 days but not more than one year from the date of the current warning. 4. Has been excluded from City property by a trespass warning, and a published rule or regulation applicable to such property establishes a different period of time for an offender to be excluded, the time period under such rule or regulation shall apply notwithstanding the provisions of TMC Section 8.23.030.D., subsections 1, 2 or 3. E. The trespass warning shall be in writing, shall contain the date of issuance, shall describe the behavior that is the basis for the trespass warning, shall specify the length and place(s) of exclusion, shall be signed by the issuing police officer, and shall state the consequences for failure to comply. A trespass warning for a place or places shall not prohibit access to another place or places that is unrelated to or not a part of the place where the conduct that is the subject of the trespass warning occurred. F. Administrative Appeal. 1. A person receiving a trespass warning for an expulsion of 7 days, or longer, may file an appeal to have the trespass warning rescinded or the duration of the expulsion shortened. 2. The appeal must be in writing, provide the appellant's current address, and shall be accompanied by a copy of the trespass warning that is being appealed. 3. The written notice of appeal must be sent to the City Administrator and postmarked no later than 7 calendar days after the issuance of the trespass warning. W: Word Process ing \Ordinances \Trespass warnings on City property 4 -11 -17 RBT:bjs Page 4 of 7 M- 8 4. The trespass warning shall remain in effect during the pendency of any administrative or judicial proceeding. G. Hearing on Appeal. The City Administrator or his or her designee (hereinafter "Hearing Official ") shall: a. Notify the appellant of the hearing date, time, and location; b. Conduct a hearing within 30 calendar days of receipt of the notice of appeal; and c. Issue a ruling upholding, rescinding, or shortening the duration of the expulsion set forth in the trespass warning no later than 5 business days after the hearing. 2. The Hearing Official may consider a sworn report or a declaration under penalty of perjury as authorized by RCW 9A.72.085, written by the officer who issued the trespass warning or by the person upon whose observation the trespass warning was based, without further evidentiary foundation, as prima facie evidence that the offender committed the violation as described. This evidence creates a rebuttable presumption that the violation occurred and the burden thereafter rests with the appellant to overcome the presumption. Such sworn reports or declarations may be considered either in addition to or in lieu of the live testimony of the officer who issued the trespass warning or by the person upon whose observation the trespass warning was based. 3. The Hearing Official shall consider the trespass warning and may consider any written or oral sworn testimony of the appellant or witnesses, as well as pictorial or demonstrative evidence offered by the appellant that the Hearing Official considers relevant and trustworthy. The Hearing Official may consider information that would not be admissible under the evidence rules in a court of law. 4. The Hearing Official may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer individual oaths to witnesses. The Hearing Official shall not issue a subpoena for the attendance of a witness at the request of the appellant unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The appellant shall be responsible for serving any subpoena issued at the appellant's request. 5. If, after the hearing, the Hearing Official is persuaded on a "more probable than not" basis that the violation did occur, the trespass warning shall be upheld. For good cause, or upon a satisfactory showing by appellant that he or she understands his or her violation and will not repeat the violation, the Hearing Official may shorten the duration of the expulsion set forth in the trespass warning. If, however, the violation is not proved on a "more probable than not" basis, then the Hearing Official shall rescind the expulsion. If the Hearing Official rescinds a trespass warning, the trespass warning shall not be considered a prior expulsion for purposes of this this chapter. For purposes W: Word Processing \Ordinances \Trespass warnings on City property 4 -11 -17 RBT:bjs Page 5 of 7 61 of this section, "good cause" to rescind, shorten or modify a trespass warning shall be found where: a. The alleged offender demonstrates to the satisfaction of the Hearing Official or his /her designee that his or her conduct was intended to be expressive conduct protected by the First Amendment; or b. The offender was not given prior warning that the conduct in question was subject to a trespass warning; or c. The trespass warning was based solely upon the statement of a third party, was not observed personally by the issuing officer or a city or other government employee, would not ordinarily be relied upon by police officers in the determination of probable cause, and the alleged offender claims that he or she did not commit the action for which he or she was warned; or d. In the judgment of the Hearing Official, the circumstances warrant a modification or rescission of the trespass warning. The Hearing Official shall rescind the trespass warning if, considering all the circumstances, he or she finds that reasonable minds could differ on the question of whether the conduct in question was unreasonably disruptive to others on the same City property at that time. 6. The decision of the Hearing Official is final. 7. No determination of facts made by the Hearing Official under this section shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. 8. In no event will the Hearing Official be a person who is subordinate to the person who issued the trespass warning. H. If the Hearing Official rescinds an exclusion, for good cause or because the violation was not proved, the exclusion shall not be considered a prior trespass warning for purposes of TMC Section 8.23.030.D. I. The trespass warning shall remain in effect during the pendency of any administrative or judicial proceeding. J. No determination of facts made by the Hearing Official shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. K. This section shall be enforced so as to emphasize voluntary compliance with laws and City property rules and so that inadvertent minor violations that would fall under TMC Section 8.23.030 can be corrected without resort to a trespass warning. L. Any person, who is found on city or other publicly owned property in violation of a trespass warning issued in accordance with this chapter for a period longer than 7 W: Word Processing \Ordinances \Trespass warnings on City property 4 -11 -17 RBT:bjs Page 6 of 7 62 days and who accordingly has had the right to a hearing regarding the trespass warning may be arrested for trespassing and is guilty of a misdemeanor, which shall be punishable by a fine of up to $1,000 and /or imprisonment for a term not to exceed 90 days. M. The Chief of Police or his /her designee may upon request authorize an individual who has received a trespass warning in accordance with this chapter to enter City property to exercise his or her First Amendment rights or to conduct government business, if there is no other reasonable alternative location to exercise such rights or conduct such business. Such authorization must be in writing and specify the duration of the authorization and any conditions thereof. N. The decision of the Hearing Official will be the City's final decision. Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word P rocessing\Ord i na n ces\Tres pass warnings on City property 4 -11 -17 RBT:bjs Page 7 of 7 63 M., CO UNCIL AGENDA SYNOPSIS ---------------------------------- Initial sl------------------------------- I ITEMNO. Meeting Date Prepared by Ma or's eview Council review 06/26/17 RM ❑ Rei-olution Mtg Date ❑ Ordinance Mtg Date 07/17/17 RM C SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P &R ®Police ❑PWI' ❑Court SPONSOR'S The police department would like to request approval and authorization for the purchase of SUMMARY new body and in car video cameras, as well as Conductive Energy Devices (Tasers). The department representatives have researched and completed 2 pilot programs in 2016 -17 utilizing the equipment they wish to purchase. They would like to provide details concerning the pilot program and the equipment, and receive approval to move forward with the program and purchase. RE V I E'WFID BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 6/19/17 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMrI rrE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $530-0A8:9A $563.366.48 $5597A®®:98 $563.366.48 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/26/17 ITEM INFORMATION 65 STAFF SPONSOR: RICK MITCHELL ORIGINAL AGENDA DA'fE: 06/26/17 AGENDA ITEM TI'rLE Body Camera Program for the Police Department CATEGORY ® Di.rcuffion Mtg Date O i /26/17 ® Motion Mtg Date 07/17/17 ❑ Rei-olution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P &R ®Police ❑PWI' ❑Court SPONSOR'S The police department would like to request approval and authorization for the purchase of SUMMARY new body and in car video cameras, as well as Conductive Energy Devices (Tasers). The department representatives have researched and completed 2 pilot programs in 2016 -17 utilizing the equipment they wish to purchase. They would like to provide details concerning the pilot program and the equipment, and receive approval to move forward with the program and purchase. RE V I E'WFID BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 6/19/17 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMrI rrE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $530-0A8:9A $563.366.48 $5597A®®:98 $563.366.48 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/26/17 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 6/26/17 Informational Memorandum dated 6/14/17 Power Point Presentation Minutes from the Public Safety Committee meeting of 6/19/17 7/17/17 Axon Quotes and Master Contract Language, approved by City Attorney 65 M. Axon Enterprise, Inc. Protect Life. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: (480) 658-0629 Richard Mitchell 206 - 431 -3673 r.mitchell @tukwilawa.gov Bill To: Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US Ship To: Richard Mitchell Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US Quotation Quote: Q- 118905 -7 Date: 7/11/2017 11:24 AM Quote Expiration: 7/31/2017 Contract Start Date *: 8/1/2017 Contract Term: 5 years AX Account Number: 107449 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Chris Neubeck 602 - 708 -0074 cneubeck @taser.com I Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Year 1 - Hardware and Evidence.com - Due Net 30 QTY ITEM # DESCRIPTION UNIT TOTAL BEFORE DISCOUNT ($) NET TOTAL PRICE DISCOUNT 50 74001 AXON CAMERA ASSEMBLY, ONLINE, USD 399.00 USD 19,950.00 USD 0.00 USD 19,950.00 AXON BODY 2, BLK 50 73004 WALL CHARGER, USB SYNC CABLE, USD 0.00 USD 0.00 USD 0.00 USD 0.00 FLEX 50 74020 MAGNET MOUNT, FLEXIBLE, AXON USD 0.00 USD 0.00 USD 0.00 USD 0.00 RAPIDLOCK 50 74021 MAGNET MOUNT, THICK OUTERWEAR, USD 0.00 USD 0.00 USD 0.00 USD 0.00 AXON RAPIDDLOCK 20 11507 MOLLE MOUNT, SINGLE, AXON USD 29.95 USD 599.00 USD 0.00 USD 599.00 RAPIDLOCK 20 11508 MOLLE MOUNT, DOUBLE, AXON USD 39.95 USD 799.00 USD 0.00 USD 799.00 RAPIDLOCK 10 74008 AXON DOCK, 6 BAY + CORE, AXON USD USD 14,950.00 USD 0.00 USD 14,950.00 BODY 2 1,495.00 10 70033 WALL MOUNT BRACKET, ASSY, USD 35.00 USD 350.00 USD 0.00 USD 350.00 EVIDENCE.COM DOCK 13 22002 HANDLE, BLACK, CLASS 111, X2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 13 22014 WARRANTY, 4 YEAR, X2 USD 0.00 1 USD 0.00 USD 0.00 USD 0.00 Page 1 of 4 MA QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 37 11002 HANDLE, BLACK, CLASS 111, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 37 11004 WARRANTY, 4 YEAR, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 50 70116 PPM, SIGNAL USD 0.00 USD 0.00 USD 0.00 USD 0.00 11 22501 HOLSTER, BLACKHAWK, RIGHT, X2, 44HT01 BK -R -B USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 22504 HOLSTER, BLACKHAWK, LEFT, X2, 44HT01 BK -L -B USD 0.00 USD 0.00 USD 0.00 USD 0.00 32 11501 HOLSTER, BLACKHAWK, RIGHT, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 11504 HOLSTER, BLACKHAWK, LEFT, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 50 80075 OSP BWC & CEW BUNDLE: YEAR I PAYMENT USD 1,188.00 USD 59,400.00 USD 0.00 USD 59,400.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 15 80011 BASIC EVIDENCE.COM LICENSE: 5 YEAR USD 900.00 USD 13,500.00 USD 2,858.55 USD 10,641.45 150 85114 EVIDENCE.COM INCLUDED STORAGE (GB) -5 YEAR CONTRACT USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 80021 PRO EVIDENCE.COM LICENSE: 5 YEAR USD 2,340.00 USD 11,700.00 USD 952.85 USD 10,747.15 150 85114 EVIDENCE.COM INCLUDED STORAGE (GB) -5 YEAR CONTRACT USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80052 CAD /RMS SERVICE ADD -ON: YEAR 1 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 1 85055 AXON FULL SERVICE USD 15,000.00 USD 15,000.00 USD 0.00 USD 15,000.00 Year 1 - Hardware and Evidence.com - Due Net 30 Tax Amount: Year 1 - Hardware and Evidence.com - Due Net 30 Discount: Year 1 - Hardware and Evidence.com - Due Net 30 Net Amount Due Including Taxes: USD 11,743.67 USD 16,411.40 USD 144,180.27 Spares QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 3 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK USD 0.00 USD 0.00 USD 0.00 USD 0.00 3 73004 WALL CHARGER, USB SYNC CABLE, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 3 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 3 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 11002 HANDLE, BLACK, CLASS III, X26P USD 964.05 USD 964.05 USD 964.05 USD 0.00 1 11004 WARRANTY, 4 YEAR, X26P USD 297.75 USD 297.75 USD 297.75 USD 0.00 Spares Tax Amount: Spares Discount: Spares Net Amount Due Including Taxes: USD 0.00 USD 1,261.80 USD 0.00 Page 2 of 4 • i Year 2 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 50 80076 OSP BWC & CEW BUNDLE: YEAR 2 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80053 CAD /RMS SERVICE ADD -ON: YEAR 2 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 2 - Evidence.com Tax Amount: Year 2 - Evidence.com Discount: Year 2 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Year 3 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 50 80077 OSP BWC & CEW BUNDLE: YEAR 3 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80054 CAD /RMS SERVICE ADD -ON: YEAR 3 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 3 - Evidence.com Tax Amount: Year 3 - Evidence.com Discount: Year 3 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Year 4 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 50 80078 OSP BWC & CEW BUNDLE: YEAR 4 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80055 CAD/RMS SERVICE ADD -ON: YEAR 4 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 4 - Evidence.com Tax Amount: Year 4 - Evidence.com Discount: Year 4 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Year 5 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 50 80079 OSP BWC & CEW BUNDLE: YEAR 5 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80056 CAD /RMS SERVICE ADD -ON: YEAR 5 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 5 - Evidence.com Tax Amount: Year 5 - Evidence.com Discount: Year 5 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Page 3 of 4 •• Subtotal USD 345,076.60 Estimated Shipping & Handling Cost USD 439.78 Estimated Tax USD 33,007.67 Grand Total USD 378,524.05 Officer Safety Plan Includes: • Evidence.com Pro License • Upgrades to your purchased AXON cameras and Docks at years 2.5 and 5 under TAP • Extended warranties on AXON cameras and Docks for the duration of the Plan • Unlimited Storage for your AXON devices and data from the Evidence Mobile App • One TASER CEW of your choice with a 4 year extended warranty (5 years total of warranty coverage) • One CEW holster and battery pack of your choice • 40 GB of included storage for other digital media Additional terns apply. Please refer to the Evidence.com Master Service Agreement for a full list of terms and conditions for the Officer Safety Plan. Hardware Shipping Estimate Typically, hardware shipment occurs between 4 — 6 weeks after purchase date. Product availability for new or high demand products may impact delivery time. Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at htt 1s:Hwww.axon:con !lcg4l;' sales telni .. -and.- conditions. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): 70 Date: Title: Quote: Q- 118905 -7 Please sign and email to Chris Neubeck at cneubeck @taser.com or fax to (480) 658 -0629 THANK YOU FOR YOUR BUSINESS! `Protect Life'© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Page 4 of 4 Axon Enterprise, Inc. Protect Life. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: (480) 658-0629 Richard Mitchell 206 -431 -3673 r.mitchell@tukwilawa.gov Bill To: Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US Ship To: Richard Mitchell Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US Quotation Quote: Q- 119632 -2 Date: 6/13/2017 8:34 AM Quote Expiration: 6/30/2017 Contract Start Date *: 9/1/2017 Contract Term: 5 years AX Account Number: 107449 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Chris Neubeck 602 - 708 -0074 cneubeck @taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Axon Fleet Pre -Order Thank you for your interest in Axon! This pre -order is a commitment to purchase Axon Fleet. Axon Fleet will be available for delivery sometime in 2017. You will be notified if there are any delays. Axon reserves the right to make product changes without notice. Axon Fleet System Compatibility Additional costs may be incurred by the customer related to installing or optimizing their wireless infrastructure in order to achieve the desired wireless download speeds, access point coverage, bandwidth or network stability. These costs are solely the responsibility of the customer. Year 1 Due Net 30 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 58 74003 CAMERA SYSTEM, AXON FLEET USD 382.28 USD 22,172.24 USD 8,307.92 USD 13,864.32 58 74025 MOUNT ASSEMBLY, AXON FLEET USD 0.00 USD 0.00 USD 0.00 USD 0.00 29 70112 AXON SIGNAL UNIT USD 0.00 USD 0.00 USD 0.00 USD 0.00 58 74024 BATTERY SYSTEM, AXON FLEET USD 0.00 USD 0.00 USD 0.00 USD 0.00 29 74027 Axon Fleet Dongle USD 0.00 USD 0.00 USD 0.00 USD 0.00 29 85731 FLEET UNLIMITED PACKAGE: YEAR 1 PAYMENT USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 80131 TRAIN INSTALLER OR INSTALLATION FACILITY, PER DAY, PER SITE USD 1,742.00 USD 1,742.00 USD 0.00 USD 1,742.00 2 74074 WI-Fl OFFLOAD STORE & FORWARD SERVER HARDWARE USD 3,000.00 USD 6,000.00 USD 0.00 USD 6,000.00 Page I of 3 71 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 2 74067 WI-F1 OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR I PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 1 74066 WI-Fl OFFLOAD NETWORK PROFESSIONAL SERVICES USD 1,000.00 USD 1,000.00 USD - 1,500.00 USD 2,500.00 Year I Tax Amount: Year 1 Discount: Year l Net Amount Due Including Taxes: USD 2,356.43 USD 6,807.92 USD 27,662.75 Year 2 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85732 FLEET UNLIMITED PACKAGE: YEAR 2 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74068 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 2 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 2 Tax Amount: Year 2 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Year 3 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85733 FLEET UNLIMITED PACKAGE: YEAR 3 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74069 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 3 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 3 Tax Amount: Year 3 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Year 4 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85734 FLEET UNLIMITED PACKAGE: YEAR 4 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74070 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 4 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 4 Tax Amount: Year 4 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Year 5 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85735 FLEET UNLIMITED PACKAGE: YEAR 5 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74071 WI-Fl OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 5 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 5 Tax Amount: Year 5 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Page 2 of 3 72 Subtotal USD 167,914.32 Estimated Shipping & Handling Cost USD 280.88 Estimated Tax USD 16,617.23 Grand Total USD 184,812.43 Axon Body 2 Shipping Axon Body 2 is available for delivery between 8 -10 weeks after purchase date. You will be notified if there are any delays. Axon reserves the right to make product changes without notice. Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at www.axon.com.%legal. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Quote: Q -1 19632 -2 Please sign and email to Chris Neubeck at cneubeck @taser.com or fax to (480) 658 -0629 I1M.112IM031l,'ti1;I @1!Mnw11`►I ;XYI `Protect Life'© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. 0 2013 Axon Enterprise, Inc. All rights reserved. Page 3 of 3 73 4k,dk\ AXON MASTER SERVICES AND PURCHASING AGREEMENT between AXON ENTERPRISE, INC. and Tukwila Police Department CITY Agreement Number: 74 MASTER SERVICES AND PURCHASING AGREEMENT This Master Agreement (the Agreement) by and between Axon Enterprise, Inc., (Axon or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and Tukwilla Police Department (Agency, Party or collectively Parties), is entered into as of July 17, 2017 (the Effective Date). This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon products and services as detailed in Quote #Q- 119632 -2, Q118905 -4 (the Quote), which is hereby incorporated by reference. In consideration of this Agreement the Parties agree as follows: 1 Term. This Agreement will commence on the Effective Date and will remain in full force and effect until terminated by either Party. Axon services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services will begin after shipment of the Product. If shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the initial Term at the list price then in effect, unless the Agency gives Axon written notice of termination within sixty (60) days prior to the end of a one (1) year period. 1.2 Professional Services Term: Amounts pre -paid for professional services as outlined in the Quote and the Professional Service Appendix must be used within 6 months of the Effective Date. 2 Definitions. "Business Day" means Monday through Friday, excluding holidays. "Confidential Information" means all nonpublic information disclosed by Axon, Axon affiliates, business partners of Axon or their respective employees, contractors or agents that is designated as confidential. "Documentation" means the (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (ii) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. " Evidence.com Service" means Axon web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, Axon Capture App, Axon View App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not include any Third Party Applications, hardware warranties, or the my.evidence.com services. "Installation Site" means the location(s) where the Products are to be installed. "Policies" means the Trademark Use Guidelines, all restrictions described on the Axon website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. "Products" means all Axon equipment, software, cloud based services, Documentation and software maintenance releases and updates provided by Axon under this Agreement. "Quote" is an offer to sell, is valid only for products and services listed on the quote at prices on the quote. All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this 75 <� AXON Agreement will be subject to the terms of this Agreement. Any terms and conditions contained within the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. Axon is not responsible for pricing, typographical, or other errors in any offer by Axon and Axon reserves the right to cancel any orders resulting from such errors. Axon reserves the right to adjust prices or Products unless otherwise specified in the Quote. "Resolution Time" means the elapsed time between Axon's acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of Axon's reasonable control. "Services" means all services provided by Axon pursuant to this Agreement. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, process, use or store in connection with the Agency account. 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject to prior credit approval. Payment obligations are non - cancelable and fees paid are non - refundable and all amounts payable will be made without setoff, deduction, or withholding. If a delinquent account is sent to collections, the Agency is responsible for all collection and attorneys' fees. 4 Taxes. Unless Axon is provided with a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. 5 Shipping; Title; Risk of Loss; Rejection. Axon reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by Axon. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates are estimates only. The Agency may reject nonconforming Product by providing Axon written notice of rejection within 10 days of shipment. Failure to notify Axon within the 10 day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 7 Warranties. 7.1 Hardware Limited Warranty. Axon warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1 -year limited warranty term plus the term of the extended warranty measured after the expiration of the 1 -year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon - Manufactured Accessories are covered under a limited 90 -DAY warranty from the date of receipt. Non -Axon manufactured accessories are covered under the manufacturer's warranty. If Axon determines that a valid warranty claim is received within the warranty period, Axon agrees to repair or replace the Product. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. This: Nester Services and Purchasing Agreement wRh Exhibits (Signature) Page 3 of 22 oeparm,ent: Legal Version: 6.0 RNeese Data: 4/611017 76 AXON 7.2 Warranty Limitations. 7.2.1 The warranties do not apply and Axon will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non -Axon products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or (e) if any Axon serial number has been removed or defaced. 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 7.2.3 Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns. If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to Axon's websites www.axon.com /support or www.evidence.com, as indicated in the appropriate product user manual or quick start guide. 7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload the data contained in the product to the Evidence.com services or download the product data and keep a separate backup copy of the contents. Axon is not responsible for any loss of software programs, data, or other information contained on the storage media or any other part of the product services. 7.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes Axon's property. 8 Product Warnings. See our website at www. axon.com for the most current product warnings. 9 Design Changes. Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. Ttle: Master Services and Purchasing Agreement rdth Exhlbib (Signature) Page 4 of 22 Department: Legal Version: 6.0 Release Date: 4JSI2017 77 AXON 10 Insurance. Axon will maintain at Axon's own expense and in effect during the Term, Commercial General Liability Insurance, Workers' Compensation Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or self - insurance upon request. 11 Indemnification. Axon will indemnify and defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of Axon under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. 12 IP Rights. Axon owns and reserves all right, title, and interest in the Axon Products and related software, as well as any suggestions made to Axon. 13 IP Indemnification. Axon will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party claim alleging that use of Axon Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide Axon with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. Axon has no liability to the Agency or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by Axon; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by Axon; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by Axon as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of the Agency that are otherwise provided in or arise out of this Agreement. 14 Agency Responsibilities. The Agency is responsible for (i) use of Axon Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (ii) breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (iv) a dispute between the Agency and any third party over Agency use of Axon products or the collection or use of Agency Content, (v) any hardware or networks that the Agency connects to the Evidence.com Services, and (vi) any security settings the Agency establishes to interact with or on the Evidence.com Services. 15 Termination. 15.1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other Party if there is any material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 30 -day notice period. In the event that the Agency terminates this Agreement under this Section and Axon fails to cure the 7t0e: Master Services and Purchasing Agreement with Eahl6hs (Signature) Department: Legal - Vanlan: 6.0 Release DHe: 4/512017 W Page 5 of 22 AXON material breach or default, Axon will issue a refund of any prepaid amounts on a prorated basis. 15.2 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. The Agency may also terminate this Agreement for any reason upon 60 days notice to Axon. 15.3 Effect of Termination. Upon termination of this Agreement for any reason: (a) all Agency rights under this Agreement immediately terminate; (b) the Agency remains responsible for all fees and charges incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms. 15.4 After Termination. Axon will not delete any Agency Content as a result of a termination during a period of 90 days following termination. During this 90 -day period the Agency may retrieve Agency Content only if all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90 -day period other than the ability to retrieve Agency Content). The Agency will not incur any additional fees if Agency Content is downloded from Evidence.com during this 90 -day period. Axon has no obligation to maintain or provide any Agency Content after this 90 -day period and will thereafter, unless legally prohibited, delete all of Agency Content stored in the Evidence.com Services. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 15.5 Post - Termination Assistance. Axon will provide Agency with the same post- termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 General. 16.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. All Axon Pricing is considered confidential and competition sensitive. Axon acknowledges the Agency shall provide records responsive to requests in accordance with the Washington State Public Records Act. The Agency may provide notice of said request to Axon. 16.2 Excusable delays. Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. Title: Master Services and Purchasing Agreement sdth Exhibits (Signature) Department: Legal Version: 6.0 Release Data: 416P1017 Page 6 of 22 79 AXON 16.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 16.4 Proprietary Information. The Agency agrees that Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not knowinglycause any proprietary rights to be violated. 16.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 16.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 16.7 Non - discrimination and Equal Opportunity. During the performance of this Agreement, neither the Parties nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified applicants shall receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Services. If the Agency is using the Evidence.com Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, the Agency will immediately discontinue use of the Evidence.com Services. The terms "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 16.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re- import, export, and re -export control laws and regulations. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Axon may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Title: Master Services and Purchasing Agreement with Eahibtts (Signature) Page 7 of 22 Deperbnent Legal Version: 6.0 Release Date: 415!2017 • , AXON Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 16.12 Severability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 16.13 Governing Law; Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 16.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. ATTN: Contracts 17800 N. 85th Street Scottsdale, Arizona 85255 contracts @axon.com AGENCY: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 16.15 Entire Agreement. This Agreement, including the APPENDICES attached hereto, and the Policies and the quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. If Axon provides a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. 16.16 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. Axon Enterprise, Inc. Signature: Title: Master Services and Purchasing Agreement with Exhibits (Signature) Department: Legal Version: 6.0 Release Date: 41612017 Name: Title: Page 8 of 22 R AXON Date: Title: Master Services and Purchasing Agreement with ExMbits (Signature) DeOarbnent: Legal Vanlon: 6.0 Relaaaa Date: 4612017 M. Tukwila Police Department Signature: Name: Title: Date: Page 9 of 22 L. AXON Evidence.com Terms of Use Appendix 1 Access Rights. Upon the purchase or granting of a subscription from Axon and the opening of an Evidence.com account the Agency will have access and use of the Evidence.com Services for the storage and management of Agency Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Quote. If Agency becomes aware of any violation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. 2 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and Axon obtains no rights to the Agency Content and the Agency Content are not business records of Axon. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. Axon will have limited access to Agency Content solely for the purpose of providing and supporting the Evidence.com Services to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Services will violate this Agreement or applicable laws. 3 Evidence.com Data Security. 3.1. Generally. Axon will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The Agency is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Log -in credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to 'be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users which result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact Axon immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 3.2. FBI CAS Security Addendum. For customers based in the United States, Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CAS) Security Addendum for the Term of this Agreement. 4 Our Support. Axon will make available updates as released by Axon to the Evidence.com Services. Updates may be provided electronically via the Internet. Axon will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental Title: Master Services and Purchasing Agreement with Exhibits (Signature) Oepartnent: legal Venlon: 6.0 Release Date: 4/612017 Page 10 of 22 M AXON entities. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. 5 Data Privacy. Axon will not disclose Agency Content or any information about the Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content so the Agency may file an objection with the court or administrative body. The Agency agrees to allow Axon access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. Axon will determine the locations of the data centers in which Agency Content will be stored and accessible by Agency end users. For United States customers, Axon will ensure that all Agency Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. Axon may transfer Agency Content to third parties for the purpose of storage of Agency Content. Third party subcontractors responsible for storage of Agency Content are contracted by Axon for data storage services. Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account if the data originates from a Axon device. For use of Totally Unlimited Evidence.com Licenses Axon reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre- existing subscriptions. Axon reserves the right to charge additional fees for exceeding purchased storage amounts or for Axon's assistance in the downloading or exporting of Agency Content. 8 Suspension of Evidence.com Services. Axon may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following: 8.1. The Termination provisions of the Master Service Agreement apply; 8.2. The Agency or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If Axon suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Evidence.com as a result of a suspension, except as specified elsewhere in this Agreement. 9 Software Services Warranty. Axon warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded Title: Master Services and Purchasing Agreement vAth Exhiblb (81gnalum) De0artment: Legal Ven a": 6.0 Release Date: 41612017 Fir, Page 11 of 22 {� AXON to the Evidence.com Services. 10 License Restrictions. Neither the Agency nor any Agency end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or 0) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use our trademarks in accordance with the Axon Trademark Use Guidelines (located at www. axon.com). Title: Master Services and Purchasing Agreement with Exhibits (Signature) Department Legal version: 6.0 Release Date: 4W2017 Page 12 of 22 W L. AXON Professional Services Appendix Scope of Services. The project scope will consist of the Services identified on the Quote. 1.1. The Package for the Axon and Evidence.com related Services are detailed below: System set up and configuration Setup Axon View on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot IT issues with Evidence.com and Axon Dock (Dock) access. Work with IT to install Evidence Sync software on locked -down computers (if applicable). One on -site session included. Dock installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin" credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. On site Assistance Included Dedicated Project Manager Assignment of a specific Axon representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4 -6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. Best practice implementation planning session -1 on -site session to: Provide considerations for establishment of video policy and system operations best practices based on Axon's observations with other agencies. Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. Provide referrals of other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions 2 on -site sessions —each providing a step -by -step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and otherspecific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, Axon's on -site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and Evidence Sync. Implementation document packet Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go live review session Me: Mexter Servl— and PurehasMg Agreement Mth ExhnAW )Slgnaturo) Department: Legal vem1m: 6.0 Release Date: U6=17 W Page 13 of 22 AXON 1.2. Additional training days may be added on to any service package for additional fees set forth in the Quote. 2 Out of Scope Services. Axon is responsible to perform only the Services described on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 3 Delivery of Services. 3.1. Hours and Travel. Axon personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on -site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by Axon personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 4 Authorization to Access Computer Systems to Perform Services. The Agency authorizes Axon to access relevant Agency computers and network systems solely for the purpose of performing the Services. Axon will work diligently to identify as soon as reasonably practicable the resources and information Axon expects to use, and will provide an initial itemized list to the Agency. The Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by the Agency. 5 Site Preparation and Installation. Prior to delivering any Services, Axon will provide 1 copy of the then - current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product (whether performed by the Agency or Axon), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by Axon under this Agreement, including the environmental specifications for the Products, Axon will provide the updates or modifications to Agency when they are generally released by Axon to Axon customers. 6 Acceptance Checklist. Axon will present an Acceptance Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section. The Agency will sign the Checklist acknowledging completion of the Services once the on -site service session has been completed. If the Agency reasonably believes that Axon did not complete the Services in substantial conformance with this Agreement, the Agency must notify Axon in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist. Axon will address the issues and then will re- present the Checklist for approval and signature. If Axon does Title: Master Services and Purchasing Agreement rAth Exhibits (Signature) Page 14 of 22 Department: Legal Venlsn: 6.0 Release Date: 4/573017 M 4k&kAXON not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a waiver of any right of rejection. 7 Liability for Loss or Corruption of Data. The Agency is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (iii) using backup copies to restore any Agency software or data in the event of any loss of, damage to, or corruption of the operational version of Agency software or data, even if such damage, loss, or corruption is due to Axon negligence. However, regardless of any assistance provided by Axon: (i) Axon will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by Axon under this Section is without warranty, express or implied; and (iii) in no event will Axon be liable for loss of, damage to, or corruption of Agency data from any cause. Title: Nester Sloes and Purchasing Agreement vdth Exhibits (Signature) Department: Legal Version: 6.0 Release Date: QV2017 Page 15 of 22 AXON TASER Assurance Plan Appendix The TASER Assurance Plan or "TAP" has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the Axon Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. 1 TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional extended warranty and TAP on the Axon camera /Dock product. TAP for the Axon camera products also includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term. TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. 3 SPARE Product. Axon will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (collectively the "Spare Products ") to keep at the Agency location to replace broken or non - functioning units in order to improve the availability of the units to officers in the field. The Agency must return to Axon, through Axon's RMA process, any broken or non - functioning units for which a Spare Product is utilized, and Axon will repair or replace the non - functioning unit with a replacement product. Axon warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at Axon's sole option. The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to Axon all Spare Products. The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned to Axon. If all the Spare Products are returned to Axon, then Axon will refresh the allotted number of Spare Products with Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. 4 TAP Officer Safety Plan (OSP). The Officer Safety Plan includes the benefits of the Evidence.com Unlimited License (which includes unlimited data storage for Axon camera and Axon Capture generated data in the Evidence.com Services and TAP for the Axon Camera), TAP for Evidence.com Dock, one Axon brand CEW with a 4 -year Warranty, one CEW battery, and one CEW holster. At any time during the OSP term the Agency may choose to receive the CEW, battery and holster by providing a $0 purchase order. At the time elected to receive the CEW, the Agency may choose from any current CEW model offered. The OSP plan must be purchased for a period of 5 years. If the OSP is terminated before the end of the term and the Agency did not receive a CEW, battery or holster, then we will have no obligation to reimburse for those items not received. If OSP is Title: Master Services and Purchasing agreement eM Exhibits (Signature) Department: Legal Version: 6.0 Release Data: 41511017 Page 16 of 22 we {� AXON terminated before the end of the term and the Agency received a CEW, battery and /or holster then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the OSP before the termination date; or (b) only in the case of termination for non - appropriations, return the CEW, battery and holster to Axon within 30 days of the date of termination. 5 TAP Upgrade Models. Upgrade Models are to be provided as follows during and /or after the TAP Term: (i) an upgrade will provided in year 3 if the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (ii) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to Axon or Axon will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may buy a new TAP for any Upgraded Model. 5.1. TAP Axon Camera Upgrade Models. 5.1.1. If the Agency purchased TAP for Axon Cameras as a stand -alone service, then Axon will upgrade the Axon camera (and controller if applicable), free of charge, with a new on- officer video camera that is the same product or a like product, at Axon's sole option. Axon makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5.1.2. If the Agency purchased Unlimited License or OSP, then Axon will upgrade the Axon camera (and controller if applicable), free of charge, with a new on- officer video camera of the Agency's choice. 5.2. TAP Dock Upgrade Models. Axon will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at Axon's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 6 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then Axon may terminate TAP and all outstanding Product related TAPS. Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 6.1. TAP coverage will terminate as of the date of termination and no refunds will be given. Title: Master Services and Purchasing Agreement with Exhibits (Slgneture) Page 17 of 22 Department: Legal _ Version: 6.0 Release Date: 4/511017 bill] /.AXON 6.2. Axon will not and has no obligation to provide the free Upgrade Models. 6.3. The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 6.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 6.5. If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only in the case of termination for non - appropriations, return the Products to Axon within 30 days of the date of termination. 710.: Master Servl.es and Purchasing Agreement vAth EMhlhlla (Signature) Department: Legal Version: 6.0 R.leuse Date: 4152017 Page 18 of 22 91 L. AXON Axon Integration Services Appendix 1 Term. The term of this Appendix commences on the Effective Date. The actual work to be performed by Axon is not authorized to begin until Axon receives the signed Quote or a purchase order for the services described in this Appendix (Integration Services), whichever is first. 2 Scope of Integration Services. The project scope will consist of the development of an integration module that allows the Evidence.com Service to interact with the Agency's RMS so that Agency's licensees may use the integration module to automatically tag the Axon recorded videos with a case ID, category, and location. The integration module will allow the Integration Module License holders to auto populate the Axon video meta -data saved to the Evidence.com Service based on data already maintained in the Agency's RMS. Axon is responsible to perform only the Integration Services described in this Appendix and any additional services discussed or implied that are not defined explicitly by this Appendix will be considered out of the scope and may result in additional fees. 3 Pricing. All Integration Services performed by Axon will be rendered in accordance with the fees and payment terms set forth in the Quote. The Agency must purchase Axon Integration licenses for every Evidence.com user in the Agency, even if the user does not have an Axon body camera. 4 Delivery of Integration Services. 4.1. Support After Completion of the Integration Services. After completion of the Integration Services and acceptance by the Agency, Axon will provide up to 5 hours of remote (phone or Web- based) support services at no additional charge to the Agency. Axon will also provide support services that result because of a change or modification in the Evidence.com Service at no additional charge as long as the Agency maintains Evidence.com subscription licenses and Integration Module Licenses, and as long as the change is not required because the Agency changes its RMS. Thereafter, any additional support services provided to the Agency will be charged at Axon's then current standard professional services rate. 4.2. Changes to Services. Changes to the scope of the Integration Services must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. 4.3. Warranty. Axon warrants that it will perform the Integration Services in a good and workmanlike manner. 5 Agency's Responsibilities. Axon's successful performance of the Integration Services depends upon the Agency's: 5.1. Making available its relevant systems, including its current RMS, for assessment by Axon (including making these systems available to Axon via remote access if possible); 5.2. Making any required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to Axon's performance of the Integration Services; 5.3. Providing access to the building facilities and where Axon is to perform the Integration Services, subject to safety and security restrictions imposed by the Agency (including Title: Water Services and Purchasing Agreement with Exhibits (Signature) Department: Legal Vanlon: 6.0 Release Date: CUM? M Page 19 of 22 {� AXON providing security passes or other necessary documentation to Axon representatives performing the Integration Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Integration Services); 5.4. Providing all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) necessary for Axon to provide the Integration Services; 5.5. Promptly installing and implementing any and all software updates provided by Axon; 5.6. Ensuring that all appropriate data backups are performed; 5.7. Providing to Axon the assistance, participation, review and approvals and participating in testing of the Integration Services as requested by Axon; 5.8. Providing Axon with remote access to the Agency's Evidence.com account when required for Axon to perform the Integration Services; 5.9. Notifying Axon of any network or machine maintenance that may impact the performance of the integration module at the Agency; and 5.10. Ensuring the reasonable availability by phone or email of knowledgeable staff and personnel, system administrators, and operators to provide timely, accurate, complete, and up -to -date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Integration Services). 6 Authorization to Access Computer Systems to Perform Services. Agency authorizes Axon to access Agency's relevant computers, network systems, and RMS solely for the purpose of performing the Integration Services. Axon will work diligently to identify as soon as reasonably practicable the resources and information Axon expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Title: Master Services and Purchasing Agreement sdth Exhibits (Signature) Departnent: Legal V.-'.n: 6.0 Release Date: 4151077 Page 20 of 22 93 AXON Axon Fleet Appendix Axon Fleet has been purchased as part of the Quote attached to this Agreement. 1 Axon Fleet Evidence.com Subscription Term. The Evidence.com Subscription for Axon Fleet will begin after the first shipment of the Axon Fleet hardware (Axon Fleet Subscription) if shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. For phased deployments, the Initial Term begins upon the shipment of the first phase, and subsequent phases will begin upon shipment of that phase. 2 Agency Responsibilities. The Agency is responsible for ensuring its infrastructure and vehicles adhere to the minimum requirements needed to effectively operate Axon Fleet as established by Axon during the on -site assessment at the Agency's facility and /or in Axon's technical qualifying questions. The Quote is based upon the Agency's accurate representation of its infrastructure. Any inaccuracies the Agency provides to Axon regarding the Agency's infrastructure and vehicles may subject the Quote to change. 3 For CradlePoint purchases only. If the Agency purchases CradlePoint Enterprise Cloud Manager, the Agency is responsible for complying with the CradlePoint end user license agreement. The Agency acknowledges that the term of the CradlePoint license may differ from the term of the Evidence.com license. The Agency further acknowledges that CradlePoint installation services are not within the scope of this Agreement. All CradlePoint hardware is warrantied under CradlePoint's manufacturer's warranty. In the event that the Agency requires support for its CradlePoint hardware, the Agency will contact CradlePoint directly. 4 Statement of Work. If the Agency has purchased installation services for Axon Fleet, the Statement of Work (SOW) attached to this Appendix will detail Axon s deliverables to the Agency with respect to the installation of Axon Fleet and any related hardware. Axon is responsible to perform only the services described in this SOW. Any additional services discussed or implied that are not defined explicitly by the SOW will be considered out of the scope. Axon may subcontract any part of the SOW to a qualified subcontractor. Warranty Coverage. Axon's standard Hardware Warranty applies to Axon Fleet. 6 Axon Fleet Unlimited Storage. For use of an Axon Fleet Unlimited Evidence.com License, unlimited data may be stored as part of the Axon Fleet unlimited storage only if the data originates from Axon Fleet hardware. 7 Axon Fleet Unlimited Upgrade. If the Agency has purchased Fleet Unlimited, the Axon Fleet camera hardware is covered by a 4 -year extended warranty. Axon Fleet Unlimited also provides the Agency with Axon Fleet camera hardware Upgrade Models during the Term. Upgrade Models are to be provided as follows during and /or after the Axon Fleet Unlimited Term: 2.5 years after the Axon Fleet Subscription Start Date and once again 5 years after the Axon Fleet Subscription Start Date if the Agency purchased 5 years made all Axon Fleet Unlimited payments. Title: Master Services and Purchasing ayreemmt with Exhibit. (signature) Page 21 of 22 Department: Legal Version: 6.0 Role... Data: QSM017 • AXON Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to Axon or Axon will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. 8 Fleet Unlimited Termination. If an invoice for Axon Fleet Unlimited is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then Axon may terminate Axon Fleet Unlimited and all outstanding Product related to Axon Fleet Unlimited. Axon will provide notification that Axon Fleet Unlimited coverage is terminated. Once Axon Fleet Unlimited coverage is terminated for any reason, then: 8.1. Axon Fleet Unlimited coverage will terminate as of the date of termination and no refunds will be given. 8.2. Axon will not and has no obligation to provide the free Upgrade Models. 8.3. The Agency will be invoiced for and is obligated to pay to Axon the MSRP then in effect for all Spare Products provided under Axon Fleet Unlimited. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 8.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Axon Fleet Unlimited. The 'Delta Axon' logo, Axon, Axon Capture, Axon Dock, Axon Commander, Axon Interview, Axon View, Evidence.com, Evidence Sync, TASER, TASER CAM, and the 'Bolt within Circle' logo are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com /legal. All rights reserved. O 2017 Axon Enterprise, Inc. Tlge: Master Services and Purchasing Agreement whh Exhibits (Signature) Department: Legal V—lan: 6.0 Release Date: 41612017 Page 22 of 22 95 l -J W. COUNCIL AGENDA SYNOPSIS ---- ---------- ------- ------ - - -- -- -Initials Meetin Date Prepared by Ma or's review Council review 07/17/17 MCB ❑ Resolution Mtg Date L 09/05/17 MCB ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P &R ❑Police ❑PW ❑Court SPONSOR'S The preliminary recommendations of the Center for New Urbanism (CNU) Report SUMMARY contemplates changes to the City's current zoning regulations for the TIB Planning area. Certain uses, that are currently permitted, may only be permitted suject to specific conditions or not at all. The work program for changes in zoning, which involves neighborhood wide public outreach and property owner notification, is scheduled to take up to 9 months. R1wIEWI:D 13Y ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE N/A - Emergency moratorium COST IMPACT / FUND SOURCE EXPENDFTURIJ REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG.DATEI RECORD OF COUNCIL ACTION 07/17/17 ITEM INFORMATION ITEMNO. no WA STAFF SPONSOR: Mom BRADSHAW OMGINAL AGI1NDA DATE: 07/17/17 AGr -NDA ITTWTriLE An ordinance adopting an emergency moratorium on certain uses in the Tukwila International Boulevard (TIB) Planning Area. CA'1'EGOIZY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 07117117 ❑ Bid Award Mtg Date ® Public Hearing Mtg Date 915117 ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P &R ❑Police ❑PW ❑Court SPONSOR'S The preliminary recommendations of the Center for New Urbanism (CNU) Report SUMMARY contemplates changes to the City's current zoning regulations for the TIB Planning area. Certain uses, that are currently permitted, may only be permitted suject to specific conditions or not at all. The work program for changes in zoning, which involves neighborhood wide public outreach and property owner notification, is scheduled to take up to 9 months. R1wIEWI:D 13Y ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE N/A - Emergency moratorium COST IMPACT / FUND SOURCE EXPENDFTURIJ REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG.DATEI RECORD OF COUNCIL ACTION 07/17/17 MTG. DATE ATTACHMENTS 07/17/17 Informational Memorandum dated 07/11/17 Ordinance WA 9.4 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM To: Tukwila City Council From: Jack Pace, Director Community Development By: Moira Bradshaw and Lynn Miranda, Senior Planners Copy: Mayor Ekberg Date: July 10, 2017 Subject: Tukwila International Boulevard (TIB) Study Area Moratorium ISSUE Without a moratorium, development and redevelopment in the TIB study area may occur that is contrary to the Comprehensive Plan's vision and preliminary recommendations from the Congress for New Urbanism (CNU) TIB Rising workshop and while the City is in the process of updating the study area's regulations. BACKGROUND The City kicked off its implementation of the TIB District Element of the Comprehensive Plan with the TIB Rising /Congress for New Urbanism (CNU) community workshop in February 2017. The workshop resulted in a CNU final report that recommends revisions to permitted uses, building placement and heights, and a future cross - section for TIB. Those preliminary recommendations are currently being analyzed by staff and incorporated into draft public review documents. DISCUSSION Current Zoning Code regulations were adopted prior to the 2015 update of the Comprehensive Plan. Development or redevelopment pursuant to currently adopted standards could potentially be inconsistent with the community's vision for a more dense and walkable neighborhood and for streetscapes with active building facades. In addition, due to serious crime, the Federal Government seized three motels in the study area and the City subsequently purchased and demolished them to reduce crime and improve public safety. A moratorium on the types of uses that are inconsistent with the adopted goals and polices for TIB is recommended. Those uses include hotels, motels, extend -stay facilities, and auto - oriented commercial uses including but not limited to gas stations; battery, tire, engine body repair shops; vehicular sales or rentals; and commercial parking. The work schedule for staff analysis, drafting and public discussion to implement the revisions to the TIB sub -area plan is anticipated to take six months and is contained in Attachment A. Enacting a moratorium will allow the City time to develop regulations to carry out the vision for the TIB study area. FINANCIAL IMPACT Potential for delayed development, development that doesn't occur, and the loss of permitting fees and taxes. .. INFORMATIONAL MEMO Page 2 RECOMMENDATION To prevent development that is not in keeping with the City's 2015 adopted Comprehensive Plan vision, to protect public safety, and to allow full discussion of regulations appropriate to the goals and policies for the TIB study area, staff recommends adoption of the attached draft moratorium at the July 17, 2017 Regular meeting with a public hearing on September 5, 2017. ATTACHMENT - Ordinance declaring an emergency WA2017 Info MemosftratoriurnTIB.doc � 1 1, M M I � V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A 6 -MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO - ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS, the City of Tukwila is currently updating its Zoning Code to comply with its adopted Comprehensive Plan; and WHEREAS, the Tukwila International Boulevard ( "TIB ") study area, shown on Exhibit A, is a neighborhood that orients towards TIB, and comprises goods and services as well as higher density housing; and the study area is generally bounded by 42nd Avenue South on the east; South 160th Street on the south; International Boulevard, Military Road, and a stepped edge that follows the boundary of the multi- family zoning districts up to the Mixed Use Office District at approximately South 133rd Street on the north; and WHEREAS, within the existing Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zoning districts there are certain uses that in the future may not be allowed or may be allowed with conditions; and WHEREAS, the United States Department of Justice sentenced the owner and operator of one of three crime - infested motels for conspiracy to maintain drug involved premises; and when the three adjacent hotel, motel and extended -stay facilities within the study area were closed, the violent crime rate in the study areas was cut nearly in half; and the City of Tukwila acquired those government surplus properties and razed the operations to better serve the public health and safety in the study area; and WHEREAS, the City of Tukwila finds that hotels, motels, and extended -stay hotels and motels (hereafter, collectively referred to as "extended -stay facilities ") in this study area generate higher than typical rates of crime and the City of Tukwila spent millions of dollars purchasing four motel sites and demolishing those developments; and W: Word Processing \Ordinances \Moratorium in TIB study area 7 -12 -17 MB:bjs Page 1 of 4 101 WHEREAS, in addition, the Comprehensive Plan goals and policies for the TIB study area are to create a pedestrian oriented, walkable destination, and auto - oriented services, uses and developments are not in keeping with those goals and policies; and WHEREAS, the City of Tukwila is in the process of updating its land use regulations to comply with the goals and policies of its adopted Comprehensive Plan for the TIB study area and has budgeted for a work plan, shown on Exhibit B, to address the changes that will bring consistency between the City's Comprehensive Plan and Zoning Code; and WHEREAS, the City of Tukwila conducted a three -day workshop in February 2017 on the future improvements and land use regulations for the TIB study area and preliminarily determined hotels; motels; extended -stay facilities; and auto - oriented commercial uses, including, but not limited to, gas stations, vehicular repair or services, vehicular sales or rentals, vehicular storage, and drive - throughs should be regulated differently than currently regulated; and WHEREAS, the City desires to ensure the public has many opportunities to provide input on this matter; and WHEREAS, the City desires to preserve the status quo for the protection of the health, safety and welfare of City residents, as it relates to development in Tukwila, until these matters are more fully considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Preliminary Findings. The recitals and findings set forth above are hereby adopted as the City Council's preliminary findings in support of the moratorium imposed by this ordinance. The City Council may, in its discretion, adopt additional findings at the conclusion of the public hearing referenced in Section 5 below. Section 2. Moratorium Imposed. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, a moratorium is hereby enacted prohibiting within the NCC and RC zoning districts of the TIB study area in the City of Tukwila the development, expansion, intensification or establishment of any new hotel; motel; extended -stay facility; or auto - oriented commercial uses, including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, commercial parking; and drive - throughs. No land use approval, building permit, construction permit, occupancy permit, or other development permit or approval shall be issued for any of the uses listed above while this moratorium is in effect. Any land use approval, development permits or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void and without legal force or effect. Section 3. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Hotel" means a building, or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for transitory housing. Hotel rooms shall have their own private toilet facilities, and may or may not have their W: Word Process ing \Ordinances \Moratorium in TIB study area 7 -12 -17 MB:bjs Page 2 of 4 102 own kitchen facilities. Hotels shall not include dwelling units for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. B. "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. C. "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in the Tukwila Municipal Code. Nothing in this definition prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotel or motels shall be required to meet the hotel /motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. D. "Auto- oriented commercial uses" means the use of a site for primarily the servicing, repair, rental, sales or storage of vehicles, or the servicing of people while in their vehicles such as restaurant drive - throughs. Typical uses include, but are -not limited to, gas stations; battery, tire, engine or body repair shops; vehicular sales or rental lots; and commercial parking. Section 4. Effective Period for Moratorium. The moratorium set forth in this ordinance shall be in effect for a period of 6 months from the date this ordinance is passed and shall automatically expire at the conclusion of that 6 -month period unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the City Council. Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council will hold a public hearing at the City Council's regular meeting at 7:00 p.m. in Council Chambers on September 5, 2017, or as soon thereafter as the business of the City Council shall permit, and which date is no more than 60 days after the date of adoption herein, to take public testimony and to consider adopting further findings. W: Word Processing \Ordinances \Moratorium in TO study area 7 -12 -17 MB:bjs Page 3 of 4 103 Section 6. Work Program. The Director of Community Development is hereby authorized and directed to address issues related to appropriate zoning regulations within the TIB study area of hotels, motels, extended -stay facilities, and auto - oriented commercial uses in the Tukwila Municipal Code. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. Declaration of Emergency — Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Map of Tukwila International Boulevard (TIB) Study Area Exhibit B — Tukwila International Boulevard (TIB) Neighborhood Plan 2017 Work Program W: Word Processing \Ordinances \Moratorium in TIB study area 7 -12 -17 MB:bjs 104 Page 4 of 4 Exhibit A Tukwila International Boulevard (TIB) study area 105 106 Exhibit 6 Tukwila International Boulevard (TIB) Neighborhood Plan 2017 Work Program Work completed — I" and 2"d Quarters 2017 • Congress for New Urbanism (CNU) Legacy Workshop in Tukwila — February • CNU Final Report Presentation to City Council Meeting — May • Refined household and employment Year 2031 forecasts for TIB neighborhood for traffic analysis on the street modification • Selected a consultant for the SEPA analysis of the proposed TIB Plan • Contracted for additional transportation professional services on design standards for TO neighborhood street standards. Upcoming Work — 2"d — 4rh Quarters 2017 • Conduct traffic analysis • Update the Council on traffic analysis and obtain direction and approval for street changes • Draft amendments to Comp Plan Map, Zoning Code, and Public Works Infrastructure Design and Construction Standards for TO Neighborhood • Draft Environmental Checklist (SEPA) • Conduct outreach events • Brief the Council and Planning Commission on Draft TIB Plan • Transportation & Infrastructure Committee review of Capital Improvement Program changes for TO • Planning Commission public hearing and review of TO Plan • City Council public hearing, review, and adoption of TO Plan Future Products: • Comprehensive Plan Map Amendments • Zoning Code and Map Amendments • Environmental Checklist and Determination • Infrastructure Design and Construction Standards amendments • Capital Improvement Program Project 107 WT.* 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 July 12, 2017 Report for July 17, 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 Canoe Blessing Ceremony: On July 6, the Muckleshoot Indian Tribe performed a Canoe Blessing Ceremony at Duwamish Gardens which included song and dance, greetings from Mayor Ekberg and Tribal members, and launching one of the two new shovelnose canoes. Presentations at Tukwila Elementary: Public Works staff recently provided a stormwater education and outreach presentation to three 3rd grade classes (75 students) at Tukwila Elementary. Soundside Alliance: Councilmember Hougardy and Economic Development staff met with members of Soundside Alliance to discuss future initiatives. The Port of Seattle has offered to fund three new initiatives that had been proposed by the Alliance: expanding the work of the Small Business Development- Center at Highline College (SBDC), creating a map of development opportunities in the region, and marketing the region under the Soundside name. Tukwila staff expressed support for the initiatives; however, due to workload Tukwila would only be able to participate in the new SBDC initiative. The other Soundside partners can still participate in all three initiatives. II. Community Events • Cascade View Community Park KaBOOM! Playground: On July 8 150 volunteers, including the Mayor and several Councilmembers, participated in the Cascade View Community Park KaB00M! playground build. Several city staff members participated and lead teams of volunteers to build playground elements, mix concrete, spread mulch, distribute food and much more. Volunteers from Forester's Financial, the funding partner, and the Tukwila Community were instrumental in the successful build of the playground = which was completed in just 5 hours! Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206 - 433 -1800 • Website: TukwilaWA.gov 109 City Administrator's Report July 17, 2017 Page 2 Flagpole Installed at Foster Golf Links (FGQ: A flagpole at Foster Golf Links was installed on July 3 and on the morning of July 4 a USMC Veteran and Foster Golf Links employee, Tucker Wiest raised the flag. Tukwila residents, the Foster Men's Club, and fellow golfers attended the ceremony. Robert Reeploeg, a longtime FGL staff member lead the project. Rec Time: On July 5 Rec Time, the collaborative program with the Tukwila School District, started for the summer season. There are over 200 kids participating in physical education activities led by Parks and Recreation staff during the summer school day. Over 80 kids registered for the After - School program (Playground part of Rec Time). An additional 10 -15 kids have been dropping in each day from the community. III. Staff Updates Public Safety • Community Liaison Team Outreach: Community Liaison Team has been working with the International Refugee Committee (IRC) to expand outreach opportunities with refugee populations that are already established in the area. They will be meeting with the Bhutanese community in a group meeting at the Samara apartments on July 14 and 21. The team will also be assisting the IRC with their summer school program to prepare refugee students for the upcoming school year. • Increased Bicycle Patrols: The Community Policing Team has increased bicycle patrols on the Tukwila International Boulevard corridor and surrounding areas. Project Updates • Tukwila Village: The developer is scheduled to close escrow to complete financing for Phase 1 this month. The City and developer will close escrow on the sale of land for Phase 1 at the same time. As part of Phase 1, Building C (the community building) is scheduled to open this fall. Building is scheduled to open in early 2018 and Building D in mid -2018. • Bond Sale and Credit Rating by S &P Affirms AA Stable: A $8.16 million bond sale to fund the 42nd Ave S and 53rd Ave S residential street projects will take place on Thursday, July 13th at 8:30 am. In preparation for the bond sale, Standard & Poors (S &P) conducted a credit rating review and assigned its `AA' long -term rating to the 2017 limited -tax general obligation (LTGO) bonds and affirmed its `AA' rating on the City's outstanding unlimited -tax GO (UTGO) and LTGO bonds with a stable outlook. Some highlights from the report include: Strong economy, with access to a broad and diverse metropolitan statistical area (MSA); Very strong management, with strong financial policies and practices under our Financial Management Assessment (FMA) methodology; Very strong budgetary flexibility, with an available fund balance in fiscal 2015 of 31% of operating expenditures; Phone: 206 -433 -1800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov 110 City Administrator's Report July 17, 2017 Page 3 Very strong liquidity, with total government available cash at 50.2% of total governmental fund expenditures and 9.7x governmental debt service, and access to external liquidity we consider strong; • Southcenter Pedestrian /Bicycle Bridge: The steel structure of the Bridge is being welded and coated on site, with cable pulling to follow. The structure is currently scheduled to be lifted into place over the Green River on the evening of July 13. The cranes to lift the steel bridge will be assembled and disassembled from July 9 to July 15 at night from 7:30pm to 5:30am. On these nights, there will be lane closures on West Valley Hwy. • Boeing Access Road Bridge Rehab: A pre- construction meeting was held with the Contractor on June 15. The Contractor is expected to begin work on the below bridge deck in August. • Major Maintenance on 3 Bridges: The Contractor is expected to begin work on all three bridges in late July with plans to complete the work by December 2017. • Strander Boulevard /SW 27th St: The Request for Qualifications for the design phase are due to the City on July 20. Staff will review the statement of qualifications and select the consultant based upon the projects' evaluation criteria. • Potential Purchase of the Knights Inn: Forterra attended a "pre- application" meeting with City permit review staff as they try to purchase the Knights Inn motel to convert it out of short term motel use and redevelop the site. Boards and Commissions Vacancies are currently being advertised on the City's website, on Channel 21, in the Tukwila Reporter, through social media and outreach to the local schools. • Arts Commission: No vacancies. • Civil Service Commission: No vacancies. • Community- Oriented Policing Citizens Advisory Board: Vacant Positions - Position #8 School District Representative and Student Representative. • Equity & Social Justice Commission: Vacant Positions - Position #2 Education Representative, Positions #4 and #7 City Employees, and Position #6 Community Representative and Student Representative. Two applications have been received. • Human Services Advisory Board: No vacancies • Library Advisory Board: Vacant Positions: Positions #6 and #7 Residents and Student Representative. • Lodging Tax Advisory Committee: No vacancies. • Park Commission: Vacant Positions - Positions #6 and #7 Community Members and Student Representative. One application has been received. • Planning Commission: No vacancies. Phone: 206 - 433 -1800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov 111 City Administrator's Report July 17, 2017 Page 4 IV. Responses to Council /Citizen Inquiries Date of Inquiry Inquiry Response July 10, Council Presentations promoting the Open House will be made to the Arts 2017 requested that Commission, the Civil Service Commission, Community - Oriented a list of Policing Citizens Advisory Board, the Equity and Social Justice community Commission, Human Services Advisory Board, the Library Advisory groups that will Board, the Lodging Tax Advisory Committee, the Park Commission, be contacted the Planning Commission, TIBAC, Rotary, at the See You in the Park about the events, and at the Valley View Sewer Open House. While we do not Public Safety present in houses of worship we do attempt to get information in Plan Open programs. We also hang posters in various public areas including House. Starbucks, houses of worship, Saar's and other locations. Phone: 206 - 433 -1800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov 112 2017 Workplan 02 Update Task Name Resource Names Quarter 1 Accomplishments Quarter 2 Accomplishments Goal 1 — A community of inviting neighborhoods and vibrant business districts David Cline Priority 1 Cultivate safe, attractive and welcoming neighborhoods TIB Plan and zoning update Jack Pace Held TIB Charette, Got public feedback for look and feel of the Blvd. Presented CNU report to City Council, contacted the consultant for traffic analysis and TIB street design modification SPRINT Mike Villa Ordered Motorcycles, Conducted target speeding enforcement approx. 250 hours. Resulted in about 225 tickets issued to violators. The ordered motorcycles arrived at the dealership and are being outfitted with police equipment; SPRINT officers conducted targeted enforcement during the 2nd quarter (as of 6/14/17) for approximately 247 hours, issued 540 tickets. Enhanced Code Enforcement Jack Pace Ongoing - reduce backlog /abatements Reduce backlog / abatement thru May, 2 staff vacancies, positions expected to be filled in August Tukwila Works Rachel Bianchi Presented to FHS civics classes, developed Spanish language Ongoing flier Promotion continued 42nd Ave. Phase III Bob Giberson Finalized design and advertised for construction bids. Bid awarded; construction to begin in Q3 53rd Ave. S. Bob Giberson Working on finalizing easements and design Working on finalizing easements and design. Duwamish Gardens /Chinook Winds Bob Giberson Construction complete. Working on ribbon cutting ceremony. Construction complete. ribbon cutting ceremony completed, Duwamish Gardens now open Municipal 1% for art program Rick Still Call for artist was released. They are due April 5. Call for artists was extended, interviews occurred 6/1.; Currently entering contract. 144th & 42nd Ave. S. traffic signal Bob Giberson Contract awarded and preparing for construction start in Q2 Construction underway; anticipate completion in Q4. Comp plan implementation Jack Pace working with city council to set priorities TIB Plan and Housing elements underway Duwamish Hill Preserve Phase II Rick Still Project construction completed Dedication /Opening occurred on 5/13/2017 BNSF access implementation Bob Giberson Access study SEPA process underway. Access study SEPA process underway. Duwamish bridge repair and painting Bob Giberson On hold pending dry warm weather Repair and Painting in progress Update Landscape and Tree Ordinances Jack Pace Adopted updated Landscape Ordinance Staff drafting Tree Ordinance TIB & 142nd S. crosswalk Bob Giberson Waiting for results on 2016 grant application Waiting for results on 2016 grant application Dog Park Rick Still Preparing project implementation plans for this and other P &R CIP projects Entered into contract with appraisal /real estate firm to begin site reviews. See You in the Park Rick Still 7/12 Bicentennial 12 -1:30; 7/26 Crestview 5:30 -7; 8/9 Foster Memorial 5:30 -7 7/12 Bicentennial 12 -1:30; 7/26 Crestview 5:30 -7; 8/9 Foster Memorial 5:30 -7 Cascade View Safe Routes to School Phase II Bob Giberson Finalizing design Under construction. Expected to be completed in Q3. Priority 2 Promote dynamic urban environments Motel Sites Redevelopment Derek Speck HealthPoint is seeking State funding and scoping the project. HealthPoint continued scoping the project. Still pending City decision on site for Justice Center. Traveler's Choice Motel Site Derek Speck No work scheduled for 2017 Q1 Site is used as a laydown yard for the City's 144th Street construction. Tukwila Village Phase 1 Derek Speck Under construction. Reviewed project financials. Escrow planned for early May. Escrow closing for phase one scheduled for July. Tukwila Village Phase 2 and 3 Derek Speck No work scheduled in 2017 01. Developer submitted final building for design review. Page 1 Task Name Resource Names -.�.. .....'.....rte vNuoc Quarter 1 Accomplishments Quarter 2 Accomplishments Southcenter pedestrian bridge Bob Giberson Construction has started Construction has started; bridge deck to be laid down July 13; completion expected in September Southcenter plan implementation __ Jack Pace Bob Giberson Ongoing meetings with developers regarding housing projects Pre -App for Broadstone Apts. /developer is preparing application for submittal Rehabilitation of three major bridges Design completed, advertised for construction bids — Notice to proceed issued; work expected to be complete in Q4. Washington Place opening Derek Speck No work scheduled in 2017 Q1 Opening expected in early 2018. CBD sewer rehabilitation Bob Giberson Completing design Completing design Page 2 2017 Workplan Q2 Update Task Name Resource Names 01 Accomplishments 02 Accomplishments Goal 2 — A solid foundation for all Tukwila residents David Cline Priority 3 - Leverage effective partnerships and collaboration Continued partnership with Tukwila School District Rachel Bianchi Relationship development, participation in key meetings Relationship development, participation in key meetings Internship /Job shadow program Rachel Bianchi Pilot program developed, initial internship advertised, broader program goes live at career fair Program underway; several departments have summer interns. TSD Capital Plan Jack Pace Conditional Use permit Approval for the Transportation Services Building Building permit issued for Cascade View Elementary addition; Staff report/hearing for Foster High school addition - Parking Variance, Conditional Use Permit/Design Review, Staff report/hearing for new school Birth to Kindergarten - Variance, Conditional Use Permit/Design Review Highline Schools Mia Navarro Effort scheduled to start third quarter, 2017. Effort scheduled to start third quarter, 2017. SCA, PSRC, AWC, NLC Rachel Bianchi Ongoing participation in key events Ongoing participation in key events Local and regional govemments Rachel Bianchi Ongoing participation in key regional efforts. Ongoing participation in key regional efforts. King County- Cities Collaboration (K4C) Jack Pace Bob Giberson PW attended green fleet meeting. Using CMAQ grant fund, DCD purchased 13 bike racks and 3 bike rack repair stations, which will be located thoughout the City Priority 4 - Encourage healthy, safe and affordable housing Housing Plan Rachel Bianchi Workshop scheduled Plan to be developed after workshop conclusion. Tasks identified on plan being implemented. Housing Conditions Jack Pace Integrated Pest Management documentation forms sent out with rental license renewals for duplex and larger properties. Staff attending training and has provided information on website Housing regional consortium Jack Pace staff attending meetings Staff attending regional meetings Implement Housing Element of Comprehensive Plan Jack Pace City Council Housing Policy Work Session 3/29 Tenant education workshop held on 6/12 and CC decided not to pursue Habitat for Humanity neighborhood revitalization Minor Home Repair Program Stacy Hansen Program continues in place. Program continues in place. Utility discounts Bob Giberson committee will meet third quarter Committee to move to third quarter; recommendations to be presented to council in Q4. Connect residents to social services Stacy Hansen The 32 contracts with social service agencies for 2017 -18 were signed and services began. Agencies provided services. Staff provided information and referrals. Page 1 Task Name Resource Names ...... .....,.w.c..1 .ac. vNuaic Q1 Accomplishments Q2 Accomplishments Goal 3 — A Diverse and Regionally Competitive Economy David Cline Priority 5 - Maximize Tukwila's significant economic strength and Planned Capital Funding Peggy McCarthy Staff met with our financial advisors, PFM, and our bond counsel, PLG, on Friday, March 10th to discuss the next bond issuance. This item will be discussed with the Finance Committee at the second meeting in April. Bond ordinance approved on June 19th and bond sale occurred on July 13. Economic Development Plan Derek Speck Mayors office intern completed significant work toward gathering demographic information, reviewing other cities' plans, and drafting a fiscal review of land use. Public outreach and additional research will start in third quarter. Lodging Tax Advisory Committee Brandon Miles Staff briefed Council on permitted uses of funds and began accepting 2017 applications. City submitted applications to Committee. Administration and Council advocated to State officials to protect use of lodging tax funds for attracting day visitors. - Council approved grants and contracts. Seattle Southside Chamber Derek Speck . Attended Chamber events. Met with Chamber president on a monthly basis. Coordinated on attracting Teatro Zinzanni to Tukwila. Continued ongoing communication and participation with Chamber. - Southcenter Marketing Partnership Brandon Miles . Consultant conducted surveys of residents of Tukwila and the region. Council approved brand concept for day tourism. Staff will bring a proposed brand with options to Council in third quarter. Soundside Alliance for Economic Brandon Development Miles Continued staffing. Continued staffing. Reviewed Port proposal to expand Soundside's work. Tukwila Valley South Jack Pace Processing land divisions Processing application for subdivision of property • Duwamish Corridor EIS Update Jack Pace Boeing driven timeline Waiting for Boeing to submit proposed update Central business district infrastructure investments Bob Giberson Investigating asset management technology options. Investigating asset management technology options; expect to go to Committee in 03. Rehabilitation of three bridges Bob Giberson Advertised for construction bids Advertised for construction bids Boeing Access Road bridge rehabilitation Bob Giberson Advertised for construction bids Advertised for construction bids , Enhanced business community outreach Derek Speck Building relationship with retailers, implement tourism day marketing program with business participation . Continued outreach to businesses for day tourist marketing program. Page 1 2017 Workplan Q2 Update Task Name Resource Names 01 Accomplishments 02 Accomplishments Implement new employee evaluations Stephanie Brown Started contract negotiations to aquire cloud performance management and training software. A demonstration of the Performance Evaluation Software has been held with The Citywide project team has had several meetings internally and with our project consultant vendor. Currently developing of the content for the evaluation form. Strategic Plan update David Cline To be reviewed in early 2018 To be reviewed in early 2018 Department strategic plans David Cline Finance completed latest department strategic plan in 2016 and implementing steps in 2017. Fire is reviewing starting strategic plan efforts in 2017. Finance completed latest department strategic plan in 2016 and implementing steps in 2017, Fire is reviewing starting strategic plan efforts in 2017. Establish citywide fee policy Peggy McCarthy A parking tax analysis has been completed and will be incorporated into the broader fee policy project Ongoing work on the analysis and proposed fee policy. Business license fees to go to Finance Committee in July. Health benefits Stephanie Brown To be conducted in 2018 To be conducted in 2018 Page 2 2017 Workplan Q2 Update Task Name Resource Names 01 Accomplishments 02 Accomplishments Goal 5 — A Positive Community Identity and Image Economy David Cline Priority 7 - Foster civic pride and an informed community Night Out Against Crime Mike Villa Scheduled for August 1, 2017 Flyers sent to City staff and community, scheduled for August 1 Community Connectors Mia Navarro First training held, Connectors participated in PSP Open House. Senior connector recruited. Ongoing work with the Connectors to lead up to the 8/10 PSP open house and subsequent parks event. Two potential teen connectors identified. .TukTV Rachel Bianchi Continued to produce original programming. Intern hired and producing new videos. Hazelnut Rachel Bianchi Hazelnut published in March. Hazelnut published twice a year; next edition fall /winter Tukwila Reporter Rachel Bianchi City Pages produced on time and with relevant content. City Pages produced on time and with relevant content. Facebook & Twitter Rachel Bianchi Implemented cross - departmental social media group; continue to post timely, relevant content. Producing additional videos, posts for social media. Coordination with other departments on social media. City's Facebook page passed 1,000 likes. Enhanced website Rachel Bianchi Continue to keep website current. Continue to keep website current. E- Hazelnut Rachel Bianchi E- Hazelnut published in a timely fashion; process identified to mine email addresses for more readership. New process for mining emails to be implemented in Q4 Park Watch Rick Still Developing relationships for implementation of KaBOOM play equipment replacement grant at Cascade View Park Developing relationships for implementation of KaBOOM play equipment replacement grant at Cascade View Park. Successful playground build held July 8. Community calendar Rachel Bianchi Continue updating website calendar Continue updating website calendar City annual report Rachel Bianchi Report Published and distributed online Report Published and distributed online Healthy Tukwila Rick Still Newsletter going out once per month, nutrition education at senior lunch program and at schools Newsletter going out once per month, nutrition education at senior lunch program and at schools Green Tukwila Rick Still Council Resolution adopting 20 -Year Plan 3 -6-17 Implementing the Council- adopted plan. Police Dept. Community Liaison Team Mike Villa Continues to attend community gatherings and blockwatch meetings. Hosted "Coffee with a Cop" at Starbucks. Participated in Bulldog Academy at high school, worked with Teens for Tukwila, volunteered at Riverton Church Feed, continued to work with IRC, presented wallet card projects at high school for those in crisis, participated in DARE graduation, Special Olympics, Coffee with a Cop, Kaboom! build and other activities. Special events calendar Rick Still Event Calendar distributed and posted on the city website. Event Calendar distributed and posted on the city website. Ongoing support of block watches Mike Villa Met with joint blockwatches along S. 164th and 49th Ave S. over concems regarding ongoing criminal activity and code enforcement violations at a house on 164th. Also met with Hollycrest Condo Association over concerns about Grande Terrace Apartments. Regular emails sent to Blockwatch Captains on: Southcenter branding survey; grand opening of library, info on fire hazards from defective hoverboards, info on residential burglaries and tips on what to look for and to call 911, how to sign up for tracking mail with the Post Office. Page 1 Upcoming Meetings & Events July 2017 17th (Monday) 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) 1 ➢ Public Safety ➢ Finance Crate, ➢ Arts ➢ THIEWil Free Composting Cmte., 5:30 PM Commission, Historical and Soil Building 5:30 PM (Hazelnut 5:00 PM Society; Class by Tilth (Hazelnut Conference (Community Cancelled Alliance Conference Room) Room) Center) 10:00 AM — 12:00 PM (Riverton Park's ➢ City Council Gully Gardens, Regular Mtg., 4101 South 13157 St.) 7:00 pm To register call (Council 206- 433 -7162 or Chambers) recycle(a tukwilawa.Qov 24th (Monday) 25th (Tuesday) 26th (Wednesday) 27th (Thursday) 28th (Friday) 29th (Saturday) ➢ Community ➢ Transportation See you in the ➢ Planning Tukwila Int'I. Blvd. Development & & Infrastructure Park won, Action Cmte's Neighborhoods Cmte., 5:30 PM — 7:00 PM Cancelled Trash Pickup Day Cmte., 5:30 PM (Crestview Park) 9:00 — 10:00 AM 5:30 PM (Foster Tukwila Parks & For location or (Hazelnut Conference Recreation invites information contact Conference Room) Room) you out to meet our Sharon Mann staff? Food, games 206 - 200 -3616 and recreational Touch -a -Truck Safety ➢ City Council opportunities for all Committee of age groups! and Emergency the Whole Mtg., Preparedness Fair 7:00 PM 9:00 AM to 1:00 PM (Council ➢ Public Safety (Westfield Southcenter Chambers) Plan Siting South Parking Lot) C.O.W. to be Advisory Cmte, Explore Tukwila's immediately 6:00 PM biggest heavy -duty rigs. followed by a (Hazelnut A variety of exhibitors Special Meeting. Conference will also be on site with Room) summer safety tips and emergency preparedness information. FREE FUN! Backpack and School Supply Drive July 15 thru August 15. Donations can be dropped off at the Tukwila Community Center Backpacks, folders, binders, markers, pencils, loose — leaf paper, spiral notebooks ➢ Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206 - 767 -2305. ➢ Civil Service Commission: 1 st Mon., 5:00 PM, Human Resources 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 Partman at 206 - 431 -2197. ➢ Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Mia Navarro at 206 - 454 -7564. ➢Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (A) Business License Fees. (B) Monthly departmental budgets — to — actuals report (May 2017). ➢ 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. ➢Public Safety Committee: 1 st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. (A) An Interlocal Agreement for the Auto Theft Task Force. (B) Police Department 2017 2 "d Quarter Report. (C) Fire Department 2017 6 -month report. ➢Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf, Room. ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59" Avenue S. Contact Louise Jones -Brown at 206 - 244 -4478. ➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206 - 433 -1815. 119 Tentative Agenda Schedule MONTH MEETING 1— MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR C.O.W. July 3 10 17 24 See agenda packet Special Presentations: - Night Out Against cover sheet for this week's agenda: Crime Poster Winners. July 17, 2017 Regular Meeting. Public Hearing: - Development agreement and ordinance for Mary's Place. Special Issues: - A development agreement/ ordinance for Mary's Place. - Business License Fees. Special Meeting to follow the Committee of the Whole Meeting. 120