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HomeMy WebLinkAboutReg 2017-11-20 COMPLETE AGENDA PACKETTukwila City Council Agenda •••• REGULAR MEETING ❖ 1LA J,•8 q 0 z %.0 2908 Allan Ekberg, Mayor Counci/members. •' Joe Duffie + Verna Seal David Cline, CityAdministrator ❖ Kathy Hougardy ❖ De'Sean Quinn Dennis Robertson, Council President ❖ Kate Kruller •:• Thomas McLeod Monday, November 20, 2017; 7:00 PM • Ord #2555 • Res #1919 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. APPOINTMENTS a. Confirm the reappointment of Kimberly Walden to the position of Municipal Court Judge, with a term expiring 12/31/2021. b. Oath of Office administered by Mayor Ekberg. 3. PUBLIC COMMENTS At this time, you are invited to comment on items not included on this agenda (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 AGENDA a. Approval of Minutes: 11/6/17 (Regular) b. Approval of Vouchers c. Authorize the Mayor to sign Amendment No. 1 to a Memorandum of Agreement (#08-106) with Pierce County for the Washington State Task Force 1 for FEMA Urban Search and Rescue. [Reviewed and forwarded to Consent by the Public Safety Committee on 11/6/17.1 d. Authorize the Mayor to sign a grant agreement with the State of Washington Office of Public Defense for investigator, interpreter and social work services in the amount of $74,000.00. [Reviewed and forwarded to Consent by the Finance Committee on 11/7/17.1 e. A resolution revising the previously adopted Financial Reserve Policy to eliminate the effects of GASB 68 for purposes of calculating the unrestricted balances of the Enterprise Funds, and repealing Resolution No. 1861. [Reviewed and forwarded to Consent by the Finance Committee on 11/7/17.1 f. Property tax legislation: (1) An ordinance increasing the regular property tax levy one percent from the previous year commencing January 1, 2018, on all property, both real and personal in compliance with RCW 84.55.120. (2) An ordinance levying the general taxes for the fiscal year commencing January 1, 2018, on all property, both real and personal that is subject to taxation for the purpose of paying sufficient revenue to carry on the services of the several departments of said City for the ensuing year, with an excess property tax levy for the purpose of paying debt service on the City's Unlimited Tax General Obligation Bonds issued in 2016. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17] (continued...) Pg.1 Pg.49 Pg.71 Pg.79 Pg.81 Pg.83 REGULAR MEETING Monday, November 20, 2017 Page 2 4. CONSENT g. An ordinance amending Ordinance No. 2515, which adopted and Pg.87 AGENDA amended the City of Tukwila's biennial budget for the 2017-2018 (cont.) biennium to adopt an amended mid -biennium budget. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] h. Due diligence contracts related to the Public Safety Plan: Pg.95 (1) Authorize the Mayor to sign Amendment No. 1 to contract #17-167 with Sound Earth Strategies, Inc., for environmental evaluation services related to the Public Safety Plan in an amount not to exceed $126,937.00 (including estimated expenses). (2) Authorize the Mayor to sign an agreement with Bush Roed & Hitchings, Inc., for site survey services related to the Public Safety Plan in an amount not to exceed $57,400.00 (including estimated expenses). (3) Authorize the Mayor to sign an agreement with Shannon and Wilson for geo-technical evaluation services related to the Public Safety Plan in an amount not to exceed $40,000.00 (including estimated expenses). [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] Y Please refer to 11/13/17 C.O. W. packet. Q i. Authorize the Mayor to sign an agreement with Lydig Construction Pg.97 Company for GC/CM (General Contractor Construction Management) for the Public Safety Plan in an amount not to exceed $372,000.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] Please refer to 11/13/17 C.O. W. packet. Q j. A resolution adopting a Legislative Agenda for use during the 2018 Pg.99 Washington State legislative session. [Reviewed and forwarded to Consent by the Committee of the Whole on 11/13/17.] k. Authorize the Mayor to sign a WSDOT (Washington State Department of Transportation) grant award for a Non -Traditional Commute Trip Pg.103 Reduction (CTR) Pilot Program for 2017-2019 in the amount of $107,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] I. Authorize the Mayor to sign an agreement with Carollo Engineers for the design of the Martin Luther King Jr. Way South Water Main Project in the amount of $69,967.00. Pg.111 [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] m. Authorize the Mayor to sign Amendment No. 1 to contract #17-070 with Otak, Inc., for the Riverton Creek Flapgate Removal Project Design in the amount of $39,993.00. Pg.133 [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] n. Authorize the Mayor to sign the Washington State Department of Pg.155 Ecology's Water Quality Stormwater Capacity Grant for the 2017-2019 biennium in the amount of $50,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/14/17.] (continued..) REGULAR MEETING Monday, November 20, 2017 Page 3 5. UNFINISHED BUSINESS A legislative session preview by Jennifer Ziegler, City lobbyist Pg.165 6. NEW BUSINESS a. Municipal Court Judge: (1) An ordinance amending Ordinance No. 2261, as codified at Tukwila Municipal Code Section 2.68.026, regarding the setting of salary for the Municipal Court Judge. (2) Authorize the Mayor to sign a contract with Kimberly Walden for Municipal Court Judge services from January 1, 2018 through December 31, 2021. Pg.171 Pg.175 Pg.177 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report and 2017-2018 Work Plan and 3rd Quarter Accomplishments d. City Attorney e. Council Analyst - Monthly Report from the Program Management Quality Assurance (PMQA) provider for the Public Safety Plan Pg.183 Pg.197 8. MISCELLANEOUS 9. EXECUTIVE SESSION— - Potential property acquisition — Pursuant to RCW 42.30.110(1)(b); and - Potential litigation — Pursuant to RCW 42.30.110(1)(i); and - Collective Bargaining — Pursuant to RCW 42.30.140(4)(a) Q Please bring your Collective Bargaining notebooks. 45 minutes (total) Potential action to follow in the open meeting. 10. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.00v) HOW TO TESTIFY 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: 1. 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 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 11/20/17 CF , '*%' ``' Tl R ❑ Ordinance Mtg Date ❑ Bid Award Meg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD ❑Finance P&R ❑Police PW ❑Court ►1 Fire TS SPONSOR'S The department is a participating agency in WA -TF1 of FEMA USAR. Washington State now SUMMARY recognizes the Task Force as an in-state asset. This amendment and supporting documentation memorialize procedure and methodology for deployment and reimbursement related to in state mobilizations in which City of Tukwila personnel are utilized in authorized response to disasters and other emergent situations. The department seeks approval of this amendment. RI?VIIAX'rI) I3Y ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 11/06/17 COMMITTEE CHAIR: /1 Public Safety Comm. ITEM INFORMATION ITEM No. 4.C. 1 STAFF SPONSOR: CHRIS FLORES ORIGINAL AGENDA DATE: 11/20/17 AGENDA ITI_:M TI'T'LE Amendment to Contract SC -100929, an agreement between Pierce County Washington and The City of Tukwila. WA -TF1 FEMA Urban Search and Rescue as a state emergency resource. CATEGORY ❑ Discussion Meg Date -1 Motion Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Meg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council ❑Mayor HR ❑DCD ❑Finance P&R ❑Police PW ❑Court ►1 Fire TS SPONSOR'S The department is a participating agency in WA -TF1 of FEMA USAR. Washington State now SUMMARY recognizes the Task Force as an in-state asset. This amendment and supporting documentation memorialize procedure and methodology for deployment and reimbursement related to in state mobilizations in which City of Tukwila personnel are utilized in authorized response to disasters and other emergent situations. The department seeks approval of this amendment. RI?VIIAX'rI) I3Y ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 11/06/17 COMMITTEE CHAIR: /1 Public Safety Comm. ❑ Planning Comm. MCLEOD RECOMMENDATIONS: SPONsoR/ADMIN. COMMPI"I'EE Fire Department Unanimous Approval; Forward to 11/20/17 Consent Agenda COST IMPACT / FUND SOURCE EXPI:NDITURI: RIsQUIRI%D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/20/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum dated 10/19/17 Tukwila Amendment 2008 Letter of Agreement, Pierce County/City of Tukwila Federal -State Matrix Tukwila/State Agreement Minutes from the Public Safety Committee meeting of 11/6/17 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Jay C. Wittwer, Fire Chief BY: Chris Flores, Assistant Fire Chief CC: Mayor Ekberg DATE: 10/19/17 SUBJECT: Amendment to Contract SC -100929, an agreement between Pierce County Washington and The City of Tukwila. WA -TF1 FEMA Urban Search and Rescue as a state emergency resource. ISSUE The department is a participating agency in WA -TF1 of FEMA USAR. Washington State now recognizes the Task Force as an in-state asset. This amendment and supporting documentation memorialize procedure and methodology for deployment and reimbursement related to in-state mobilizations in which City of Tukwila personnel are utilized in authorized response to disasters and other emergent situations. BACKGROUND Washington Task Force 1 of FEMA Urban Search and Rescue has been in existence since 1991. Tukwila Fire Department has been a participating agency since the inception of the federal program. Members have been deployed to several national disasters and emergencies, including but not limited to, The Oklahoma City Bombing, Northridge Earthquake, World Trade Center, Hurricane Katrina, Hurricane Harvey, and Hurricane Irma. In 2014 WA -TF1 was utilized as a state resource at the SR -530 mudslide near Oso Washington. An agreement was not in place and the deployment and reimbursement process was cumbersome. DISCUSSION The City of Tukwila has the opportunity to contribute, under a clearly defined agreement, valuable assistance to fellow Washingtonians in the event of disaster or extreme emergency. FINANCIAL IMPACT Under this amendment to the existing agreement, all authorized mobilizations are reimbursed portal to portal. RECOMMENDATION The Committee is being asked to forward this item to the November 20, 2017 Regular Meeting Consent Agenda. ATTACHMENTS - Tukwila Amendment -2008 Letter of Agreement between Pierce County (Sponsoring Agency) and The City of Tukwila (Participating Agency). - Federal-State Matrix - Tukwila/State Agreement 3 4 AMENDMENT # 1 to Contract SC -100929 dated 06/16/2017 for Washington State Task Force 1 (WA -TF1) State response following a Governor's proclamation of emergency in the State. THIS AGREEMENT is made and entered into by Pierce County and City of Tukwila, Fire Department. WHEREAS, the parties have previously entered into an agreement dated 11/19/08 as a Participating Agency of WA -TF1 for the National Urban Search and Rescue Response System. WHEREAS, the parties desire to amend the agreement in consideration of the mutual benefits and advantages to be derived by each of the parties, IT IS HEREBY AGREED as follows: Participating Agency agrees to mobilize as a State resource if requested by the Washington State Military Department per the terms and conditions set forth in "Exhibit A" - Intergovernmental Agreement for Urban Search and Rescue Assistance between The Washington State Military Department, Emergency Management Division and Pierce County as the Sponsoring Agency for Washington Urban Search and Rescue Task Force 1. All other terms and conditions of the agreement and all supplements and modifications thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed, such parties acting by their representatives being there unto duly authorized. DATE this Participating Agency: day of , 2017 PIERCE COUNTY: Full Firm Name Approved as to legal form only: (Signature) DEPUTY PROSECUTING ATTORNEY Date Title of Signatory Authorized by Firm Bylaws Reviewed: Mailing Address: Street Address, if different: Federal Tax ID or Social Security Number: FINANCE Approved: Date DEPARTMENT DIRECTOR Date COUNTY EXECUTIVE Date ($250,000 or more) 5 6 08-106 Council Approval 10/20/2008 'MEMORANDUM OF AGREEMENT BETWEEN Pierce County AS THE SPONSORING AGENCY OF THE WASHINGTON STATE TASK FORCE 1 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM AND CITY OF TUKWILA AS A PARTICIPATING AGENCY OF THE TASK FORCE This "Agreement" is entered into by and between the parties designated in Section 1, below, who agree that subject to all of the provisions of this Agreement, The Pierce County Sheriffs Department will serve as a Participating Agency for the Washington State Task Force 1 of the National Urban Search and Rescue Response System. Each party further agrees that it assumes all of the duties and responsibilities assigned to that party under this Agreement and that so long as this Agreement remains in effect, the party will fully perform all of those duties and responsibilities. 1. PARTIES The parties to this Agreement are the following entities: 1.1. Sponsoring Agency: Pierce County 2501 So 35TH, Street, Suite D Tacoma WA 98409 253-798-6595 1 3 13 3 a''` at"a-:e'� 7 1.2 Participating Agency: CITY OF TUKWILA 2. RECITALS Sponsoring Agency and Participating Agency have entered into this Agreement in recognition of the following Recitals: 2.1 Sponsoring Agency. Sponsoring Agency is a cooperating party under a "Memorandum of Agreement" with the Federal Emergency Management Agency ("FEMA") and the State of Washington. 2.2 National Urban Search & Rescue Response System. Pursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 through 5206 (the "Stafford Act"), the U.S. Department of Homeland Security ("DHS"), acting through FEMA, operates the National Urban Search & Rescue Response System ("System") in conjunction with State and local governments. 2.3 Task Forces. Each Sponsoring Agency is responsible for recruiting and organizing a Task Force consisting of individuals occupying certain specified positions plus additional support personnel, all of whom have been properly trained with the requisite skills and capabilities required for urban search and rescue operations and/or deployment of the Task Force. A Task Force may be deployed as a single unit or it may be reorganized into teams for purposes of modularized responses for limited or specialized Activations. Members of a Task Force may also be deployed as members of a management or other technical team. 2.4 Washington State Task Force 1. Pierce County Department of Emergency Management is the Sponsoring Agency for Washington Task Force 1 (the "Task Force") and is charged with, among other things, recruiting and organizing members for the Task Force. In the performance of its responsibilities, the Sponsoring Agency may enter into cooperative arrangements with federal, state, or local government entities, or non-profit or for-profit entities, to serve as participating Agencies in the Task Force and with individuals to serve as Affiliated Personnel of the Task Force. The Sponsoring Agency is obligated to enter into written agreements with those Participating Agencies and Affiliated Personnel setting forth the relationship between the parties. 2.5 Participating Agency. The City of Tukwila desires to be a Participating Agency in the Task Force, subject to all of the provisions of this Agreement. 2.6 Applicable Provisions. With respect to National Urban Search & Rescue Response System activities, this Agreement incorporates the provisions of Interim Final Rule, "National Urban Search and Rescue Response System," 70 Fed, Reg. 9182 (Feb. 24, 2005) 2 8 ("Interim Final Rule") as well as the provisions of the FEMA MOA. To the extent the Interim Final Rule is contrary to the FEMA MOA, the Interim Final Rule will prevail. Upon the effective date of the Final Rule governing this subject ("Final Rule"), the Final Rule shall supersede the Interim Final Rule and shall prevail over any contrary provisions of the Interim Final Rule or the FEMA MOA. 2.7 Definitions of Terms. Capitalized words and phrases in this Agreement have the same meaning as they do in the Interim Final Rule, unless or until superseded by the Final Rule. Capitalized words and phrases not defined in the Interim Final Rule or the Final Rule have the meaning given in this Agreement. 3. AGREED TERMS AND CONDITIONS 3.1 Participating Agency. 3.1.1 Participating Agency agrees to provide personnel to serve in certain designated positions on the Task Force as determined by Sponsoring Agency. A list of the individuals who will occupy those designated positions, and who are referred to in this Agreement as "Participants or authorized members," as well as other pertinent information about them is contained in Appendix A. 3.1.2 Participating Agency further agrees that Participants will meet the required qualifications for the positions to be filled, will receive the required training specified in this Agreement and will satisfy other conditions of preparedness and response as required by the Sponsoring Agency as listed in Appendix B. 3.1.3 The Parties will cooperate with each other so as to facilitate achievement of the goals and objectives of the System as fully and completely as possible. 3.2 Third Party Liability and Workers' Compensation. 3.2.1 Participating Agency and its Participants shall be afforded such coverage for third party liability and workers' compensation as is afforded all Task Forces and their System Members under Federal law, the scope of which is generally described in the Interim Final Rule. 3.2.2 Except as afforded by the Federal Government, the responsibility for risks associated with claims for third party liability and workers' compensation arising out of participation in the Task Force, either organizationally by the Participating Agency or Individually by its Participants, shall be the responsibility of Participating Agency and not under any circumstances, the responsibility of Sponsoring Agency. At all times, Participating Agency shall maintain in full force and effect, and provided proof thereof, for the benefit of its Participants and its other employees engaged in System activities, coverage for workers compensation and third party liability to the full extent required by law. 3 9 3.3 Financial Provisions. 3.3.1 Preparedness Funds 3.3.1.1 In its sole discretion, Sponsoring Agency may distribute to Participating Agency such preparedness grant funding as Sponsoring Agency shall be eligible to and does receive from FEMA. Any such distributions shall be subject to the requirements of the preparedness grants and the needs of the Task Force generally. 3.3.1.2 Any other funding received by Sponsoring Agency from sources other than the federal government may also be made available as Sponsoring Agency determines in its discretion. Sponsoring Agency shall make such distributions fairly and equitably taking into account the mission, goals and objectives of the Task Force and the needs of the Sponsoring Agency as compared to other proper needs and demands. 3.3.2 Response Funds 3.3.2.1 Sponsoring Agency shall promptly reimburse Participating Agency for response expenses that are authorized to be incurred by or for the benefit of Participants engaged in Task Force activities, upon receiving reimbursement for such expenses from the federal government. Such expenses must be properly ascertained, accumulated and reported to the Sponsoring Agency, and the funds to be utilized for payment must have been reimbursed by or on behalf of FEMA to Sponsoring Agency. 3.3.2.2 After an Activation, Participating Agency shall provide Sponsoring Agency with a complete cost reimbursement package to be submitted by Sponsoring Agency as part of an overall claim package which Sponsoring Agency is obliged to submit to FEMA. The Participating Agency's cost reimbursement package shall be submitted to the Sponsoring Agency within 60 days after the end of the Personnel Rehabilitation Period established by FEMA. Participating Agency's cost reimbursement package shall be prepared in conformance with applicable federal directives which Sponsoring Agency shall disseminate to Participating Agency. See Appendix C for reimbursement procedures and applicable Federal Directives for compensation. 3.3.2.3 Participating Agency shall provide Sponsoring Agency with employee compensation information for its Participants at least annually, or as changes occur in compensation rates payable to Participants. That information and other pertinent Participant data required by Sponsoring Agency shall be provided in an updated version of Appendix D. 3.3.2.4 To ensure proper reimbursement from FEMA, the compensation of Participants on the Task Force shall be in accordance with pay 4 10 schedules and policies established by the Final Interim Rule from the time of activation and until the Task Force returns, is deactivated and Participants are returned to regular work schedules. 3.3.2.5 All financial commitments of Sponsoring Agency are subject to the availability and receipt of funds by Sponsoring Agency from FEMA and other sources. 3.3.2.6 Neither Participating Agency nor any Participant shall be reimbursed for costs incurred outside the scope of this Agreement. 3.4 Reporting And Record Keeping Requirements, 3.4.1 The Participating Agency shall provide the Sponsoring Agency with the records described in Appendix E. 3.4.2 The Sponsoring Agency shall issue a Task Force Picture Identification Card for all authorized members listed in Appendix A. 3.4.3 Participating Agency and Sponsoring Agency shall ensure that any medical or other records and information that are afforded confidentiality under applicable law are protected from unauthorized disclosure. 3.4.4 Participating Agency shall provide prompt and accurate reporting as specified in this Agreement as outlined in Appendix C, D and F. 3.5 Mandatory Minimum Requirements For Participation. Each Participant must satisfy all of the following for participation on the Task Force. 3.5.1 Each Participant shall be an employee in good standing of the Participating Agency. Entry-level employees who are probationary or in a similar status are not eligible. 3.5.2 Each Participant shall be of good moral character and shall not have been convicted of any felony or any other criminal offense involving moral turpitude. 3.5.3 Participants serving in a Task Force position that requires the individual to hold a license, registration, certificate or other similar authorization to lawfully engage in an activity must hold the appropriate authorization, which must be current and validly issued. 3.5.4 Subject to any applicable FEMA standards, each Participant must meet the medical/fitness standards mutually agreed upon by Sponsoring Agency and Participating Agency and not have any medical condition or disability that will prevent performance of the duties of the Task Force position he/she occupies. 5 11 3.5.5 Each Participant must be available on short notice to mobilize within 2 hours of request and be able to respond on a mission for up to 14 days. 3.5.6 Each Participant must be capable of improvising and functioning for long hours under adverse working conditions. 3.5.7 Each Participant must receive such inoculations as are specified by the DHS/FEMA in Appendix G. 3.5.8 Each Participant must be aware of the signs, symptoms and corrective measures of Critical Incident Stress Syndrome. 3.5.9 Each Participant must understand and adhere to safe working practices and procedures as required in the urban disaster environment. 3.5.10 Each Participant must have a working knowledge of the US&R System and the Task Force's organizational structure, operating procedures, safety practices, terminology and communication protocols. 3.5.11 Each Participant must have completed such courses of education and training and other requirements as FEMA shall specify. 3.5.12 Sponsoring Agency has authority to immediately suspend or terminate a Participant's participation on the Task Force for failure to satisfy any mandatory requirement. 3.6 Clothing and Equipment. 3.6.1 Sponsoring Agency will issue to each Participant certain items of personal protective clothing and equipment, as outlined in the WATF-1 "Activation Manual", for use in Task Force activities and operations. In the event of Activation, Participant shall provide certain additional items of personal clothing and equipment. Items of clothing and equipment supplied by Sponsoring Agency shall remain the property of Sponsoring Agency and shall be returned promptly whenever a person ceases to be a Participant. 3.6.2 Subject to FEMA requirements, all uniforms will display the official patch of the Task Force and the official patch of the US&R system, as specified by FEMA. The Sponsoring Agency shall specify the design of the uniform and any identifying insignia or markings. 3.7 Command, Control and Coordination. 3.7.1 When a Participant has been activated or has otherwise been placed at the direction, control and funding of FEMA, such as, for example, during participation in FEMA sponsored training, the ultimate authority for command, control and coordination of the service of the Participant reposes with FEMA 6 12 exercised through the system chain of command. Subject to the principle just stated, the following provisions of this Section 3.7 govern the responsibilities of the parties with respect to supervisory, disciplinary and other specified aspects of the Participant's employment within the context of his/her participation on the Task Force 3.7.2 Sponsoring Agency shall exercise direct supervisory authority over Participants during Activations, deployments and other activities of the Task Force conducted by Sponsoring Agency, but for disciplinary purposes, that authority is limited to temporary suspension or permanent exclusion from participation. In all other instances where disciplinary action may be necessary, Sponsoring Agency shall report the pertinent circumstances to Participating Agency, which shall cooperate with Sponsoring Agency and shall administer discipline as appropriate in accordance with the Participating Agency's established rules and regulations. 3.7.3 Nothing in this Agreement is intended to, nor does it, affect the employer- employee relationship between Participating Agency and its employees who are Participants, and Participating Agency shall at all times continue to be fully responsible for all of its employment obligations to its employee Participants, including the compensation and benefits that the Participating Agency has agreed to provide. 3.7.4 While participating in System activities conducted by the Task Force, Participants shall be subject to and observe and comply with all lawful orders and directions of the authorized representatives of Sponsoring Agency and the Task Force. Sponsoring Agency retains the right to suspend or exclude any Participant from participation on the Task Force for cause including failure to abide by the provisions of this Agreement. 3.8 Media and Information Policy. 3.8.1 Subject to applicable law, including FEMA regulations and directives, all photographs and video taken during a deployment will be kept under the control of Sponsoring Agency until use in internal or external education programs or other dissemination is approved by FEMA. 3.8.2 All applicable federal, state, and local media policies will be strictly enforced and followed. 3.8.3 Subject to applicable rules and regulations, Sponsoring Agency will have the primary responsibility for coordination of media coverage and liaison with media sources and representatives concerning activities of the Task Force. Sponsoring Agency shall endeavor to expose all Participating Agencies to favorable media coverage opportunities. 7 13 3.9 Rules of Conduct. 3.9.1 All Participants will be expected to abide by the code of conduct established by FEMA and the Sponsoring Agency. 3.9.2 The failure of a Participant to abide by the rules of conduct constitutes a violation of the US&R code of conduct and may result in suspension or exclusion from the Task Force under Section 3.7 above. 3.10 Preparedness Activities. 3.10.1 Sponsoring Agency shall conduct Task Force management, administration, training, equipment procurement and other preparedness activities required by FEMA. Participating Agency and its Participants shall cooperate with Sponsoring Agency and shall participate in the activities as necessary to achieve Task Force preparedness goals and objectives. 3.10.2 Specific training activities to be conducted, respectively, by Sponsoring Agency and by Participating Agency, including training, administration and reporting requirements, are contained in Appendix E 3.10.3 As established by System directives but subject to the availability of federal funding, Sponsoring Agency shall procure and maintain required caches of equipment and supplies. The contents of these caches shall be utilized for deployments of the Task Force and, subject to federal rules and regulations, will be made available for training activities of Sponsoring Agency and Participating Agency. Participants shall use Task Force cache equipment and supplies only for authorized purposes and shall exercise reasonable care to protect and preserve the property against loss or damage. The Participating Agency shall be financially accountable for any Task Force property that is lost or damaged due to negligence or unauthorized use by the Participating Agency or its authorized personnel. 3.11 Notification Procedures and Other Communications. 3.11.1 Alerts and Activation. 3.11.1.1 Sponsoring Agency's commander/chief executive officer or his/her designee shall determine whether the Task Force is capable of and will respond to Activation Orders. 3.11.1.2 Participating Agency shall maintain at all times a "Point of Notification" for receipt of notices from Sponsoring Agency concerning possible deployments of the Task Force. The Point of Notification shall include 24-hour telephonic and electronic capabilities. Information concerning the Participating Agency Point of Notification shall be set forth in Appendix F. 8 14 3.11.1.3 Upon receipt of Alert or Activation Orders, Sponsoring Agency shall give prompt telephonic and electronic notice to Participating Agency's Point of Notification. The notice shall designate the Task Force positions for which Participating Agency's Participants are being requisitioned, the location of the assembly point, and to the extent known, the nature and character of the Activation. 3.11.1.4 Participating Agency shall at all times maintain the capability of providing requisitioned Participants for participation on a deployment of the Task Force. 3.11.1.5 Upon receipt of an Activation Order for the Task Force, Participating Agency shall cause the required Participants to respond to the assembly point designated in the notice. 3.11.2 Mobilization. 3.11.2.1 All requisitioned Participants will respond to the designated assembly point within 2 hours of notification with all required personal clothing and equipment and required documentation. 3.11.2.2 Participating Agency will select its Participants through a pre- established selection system that ensures the requisition is promptly filled with fully qualified Participants. 3.11.2.3 Selected Participants will be subject to a pre -deployment medical screening. Any Participant who fails the screening will not be deployed. 3.11.2.4 Sponsoring Agency retains the sole right to determine which Participating Agency personnel, if any, will respond with the Task Force when Activated. 3.11.3 Other Communications. Sponsoring Agency will remain in contact with Participating Agency through the Participating Agency Point of Notification during the period of Activation. 3.12 Critical Incident Stress Syndrome ("CISS") and Management. 3.12.1 Sponsoring Agency will have primary responsibility to provide CISS training, intervention and support, before, during and after activation. 3.12.2 Costs incurred for unauthorized CISS activities are not eligible for reimbursement. 9 15 4. GENERAL PROVISIONS 4.1 Effective Date. This Agreement shall be effective [date], and when it has been duly and regularly authorized and executed by both parties. 4.2 Authority. As more specifically indicated above and below, this Agreement is made (a) pursuant to the provisions of the Interim Final Rule or the Final Rule; and (b) under the authority of Washington State law, in furtherance of the purposes of the National Urban Search and Rescue Response System, 4.3 Contents of the Agreement. Upon its execution, the Agreement consists of this Agreement, along with the following Appendices and other attachments, if any: 4.3.1 Appendix "A" — Roster of personnel updated twice annually on January 30 and June 30 each year with name of individual and task force position. Participating agency may not exceed number of personnel authorized by Sponsoring Agency. 4.3.2 Appendix "B" — List of general training required for all participants which identifies who is responsible for providing funding and to what extent. A list of position specific, FEMA sponsored or sanctioned training and the financial responsibility associated with each course] 4.3.3 Appendix "C" — Cost reimbursement procedures required by sponsoring agency in accordance with final interim Rule and Pierce county budget and Finance policy and procedures 4.3.4 Appendix "D" — Compensation rates updated annually for each participant from the participating agency. 4.3.5 Appendix E — List of required documents and records from participating agency for each participant to include required certificates, licenses, Continuing education credits. 4.3.6 Appendix F — List of participating agency contacts to be updated twice annually on January 30 and June 30 each year. 4.3.7 Appendix G — Directive 2005-008, Medical screening requirements 4.4 Amendments and Termination. 4.4.1 Except as otherwise expressly provided, this Agreement may be modified or amended only by another written agreement approved and executed by both parties, and all such amendments will be attached to this Agreement. 4.4.2 Term and Termination. The Agreement shall continue in effect unless and until terminated as provided in this Agreement. The Agreement may be terminated by 10 16 either party upon 30 days written notice, except that Participating Agency may not terminate this Agreement without the written consent of Sponsoring Agency during any time interval when the Task Force has been placed on Alert status or has been Activated if the Alert or Activation affects Participants of the Participating Agency. 4.5 Miscellaneous Provisions. 4.5.1 The obligations of the Participating Agency set forth in this Agreement are non -delegable and may not be assigned to or assumed by any other person without the prior written consent of Sponsoring Agency. 4.5.2 Except and to the extent federal law controls, this Agreement shall be construed and enforced, as between the parties, according to the laws of the State of Washington. 4.5.3 No party shall engage in any conduct or activity in the performance of this Agreement or participation in the System that constitutes a conflict of interest under applicable federal, state or local law, rules and regulations. 4.5.4 Each party shall at all times observe and comply with all applicable federal, state and local laws, rules and regulations. 4.5.5 Except as provided otherwise with respect to emergency notifications, if it is necessary for the purposes of this Agreement for one of the named parties to give notice to the other named party, notice shall be in writing with the expenses of delivery or mailing fully prepaid and shall be delivered by personal service or a form of public or private mail service requiring proof of delivery. Notice is effective upon personal delivery, or by mail service, on the date of either actual receipt or five days after posting, whichever is first. Unless changed in writing in accordance with this Section, notice shall be served on the party at the address shown in Sections 1.1 and 1.2 of this Agreement. 4.5.6 Titles and section headings are for convenience only and are not a part of the parties' Agreement. 4.5.7 Should any provision of this Agreement be determined to be invalid or unenforceable under applicable law, the provision shall, to the extent required, be severed from the remainder of the Agreement which shall continue in full force and effect. 4.5.8 This Agreement and its provisions are binding upon and inure to the benefit of the parties and to their respective successors in interest, provided, however, this Agreement does not and will not bestow any rights or remedies upon persons to whom an unlawful delegation or assignment has been made by Participating Agency. 11 17 4,5.9 This Agreement is made for the sole and exclusive benefit of the named parties and their lawful successors in interest, and no other person or entity is intended to, nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a third -party beneficiary of this Agreement. 4.5.10 Neither the United States of America or the State of Washington is a party to this Agreement. 4.5.11 Each person executing this Agreement represents that: he/she was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents; execution of the Agreement was duly and regularly authorized by the party's governing body; and, to the person's best knowledge and belief the Agreement is a binding and enforceable obligation of the party on whose behalf he/she acted. 4.5,12 Each party represents to the other: that the party has fully read and understood all of the provisions of this Agreement including the Appendices and other attachments, if any; that the party has secured and considered such legal advice and other expert counsel as the party deemed necessary and advisable for these purposes; and, that in agreeing to execute and become a signatory to this Agreement the party has deemed itself adequately informed and advised as to all of the risks assumed and obligations undertaken pursuant to this Agreement. 4.5.13 This Agreement, including the Appendices and attachments, if any, constitutes the entire agreement between the parties and it supersedes any prior agreements on this matter. 12 18 5. Execution This Agreement was executed by the parties on the dates shown below. SPONSORING AGENCY: Date: PARTICIPATING AGENCY: -)Ci) Date: l 0 - g3 c [ 1 By: Title: And By Title: [City of Tukwila Fire Departmentl And By 13 Title: 19 PIERCE COUNTY CONTRACT SIGNATURE PAGE G[Sf-f f3 %d`� rt7cYp "- Contract # Uc \J 3 IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 20 PIERCE COUNTY: Approved as to legal form only: By Deputy Prosecuting Attorney Date r Rit-e,e' Recommended: By"1 �"1 Budget & Finance Date Approved: BY C d, l�i/0� Department irector ate (less than $250,000) By Pierce County Executive Date ($250,000 or more) 20 Appendix A WATF 1 Personnel Roster CITY OF TUKWILA Chris Flores Rescue Team Manager Matt Gilbert Rescue Specialist Mark Morales Rescue Specialist Rich Rees Plans Team Manager Merle Brooks Hazardous Materials Specialist Ben Hayman Hazardous Materials Specialist 14 21 Appendix B Training responsibilities Sponsoring agency responsibility FEMA Sponsored, Sanctioned, Equivalent, approved training 1. The sponsoring agency will provide funding for travel, lodging and meals for all FEMA sponsored and FEMA sanctioned training for participating members selected to attend by the Sponsoring Agency as funding from the CA permits. Salary expense to include backfill or overtime is not authorized 2. The sponsoring agency will provide funding for travel, lodging and meals for FEMA approved and FEMA Equivalent training on a case by case basis and only with prior approval as funding from the CA permits. Salary expense to include backfill or overtime is not authorized 3. The sponsoring agency will provide funding for travel, lodging, meals and wages to include overtime or backfill for hours worked only, for training that is required to maintain a certification. Salary expenses are authorized only if the training is unique to the task force and is not a requirement of the individuals participating agency as a condition of continued employment and as funding from the CA permits. 4. The Sponsoring agency will provide funding for expenses to include overtime or backfill for mobilization exercises and other activities identified on a case by case basis and as funding from the CA permits. 5. The Sponsoring Agency will financially support only the authorized members from a participating agency, identified in Appendix C, and no more than the allowed 3 deep for each functional position on the FEMA US&R approved Task Force compliment. • Authorized members from the participating agency must be identified by name as well as position and the list must be updated twice annually on January 30 and June 30 by the participating agency. • An individual may hold only a single position on the task force. The only exception to this rule is that a member may also hold a position as a CDL driver. • A maximum of 210 positions have been identified and each participating agency is authorized to have on the task force a set number of positions which they are allowed to fill with qualified personnel. Thirty additional positions are allocated for CDL drivers. The US&R Task Force Readiness Cooperative Agreement specifies the number of authorized personnel. • The specific positions available for a participating agency to fill are determined by the Task Force Leaders from Seattle, King County and Pierce County in consultation with the participating agency. 15 22 General requirements I Sponsoring Agency 1. Inoculations: The sponsoring agency will provide funding for the expense of obtaining the required inoculations. Reimbursement for salary to include overtime or backfill for the time required to obtain them is NO authorized for these individuals, See appendix J for list of required inoculations. 2. Hazmat Operations: The Sponsoring Agency will provide annual refresher training for First Responder Operations Level Hazardous Materials per OSHA standard 1910.120, Hazardous Waste Operations and Emergency Response if a participant would not normally receive that training as a condition of employed by a first response organization. Reimbursement for salary to include overtime or backfill is authorized for these individuals, 3. US&R orientation: Four hours of training will be provided by the Sponsoring Agency. Salary expense to include reimbursement for backfill or overtime is authorized. 4. Annual quantitative Fit testing: The Sponsoring Agency will provide opportunity to fit test the Task Force Scott Face pieces and will issue a certificate of refresher training per 29 CFR 1910.134. Reimbursement for salary to include overtime or backfill is not authorized. Every effort will be made to provide fit testing opportunities to individuals who are on duty and at a location within their area of responsibility. 5. FEMA US&R WMD enhanced operations: Training will be provided by the Sponsoring Agency. Salary expense to include backfill or overtime reimbursement is authorized. 6. Water rescue operations: Awareness level training for will be provided by the sponsoring agency. Salary expense to include backfill or overtime reimbursement will be authorized 7. Confined space: Awareness level training for will be provided for individuals who do not receive this training from their agency as a condition of employment or who do not have operations or technician level confined space training as required by their position description. Reimbursement for salary to include backfill or overtime expenses will be authorized. 8. GPS: Awareness level training will be provided. Reimbursement for salary to include backfill or overtime expenses will be authorized 9. Biennial medical screening: The Sponsoring Agency contracts with a medical service provider for this purpose. (Appendix J) • All participants who do not receive medical screening as a condition of employment will receive this service according to the process outlined in Appendix J. • Expenses associated with medical screening requirements that exceed a participating agencies medical screening process will be reimbursable by the Sponsoring Agency. • Reimbursement for salary to include backfill or overtime expenses will not be authorized 16 23 Participating Agency Responsibility / General Requirements Authorized members will be allowed to attend FEMA Sponsored and FEMA Sanctioned training as staffing allows, when the opportunity presents itself and when the training is an identified requirement for the specific position on the task force. Participating agency's are responsible for an authorized member's salary or backfill expense and it is not eligible for reimbursement from the Sponsoring Agency. Participating agencies are responsible for a participant meeting the general training requirements listed below 1. Must be Physically fit to perform the duties assigned without accommodations 2 Must be available on short notice to mobilize within 2 hours to the point of assembly, be self sufficient for at least 72 hours and be available for a response assignment of up to 10 days. 3. Must be capable of improvising and functioning for long hours under adverse conditions. 4. Must be able to function safely at heights and on and around rubble. 5. Participating agency must provide certificate of training or letter signed by their agency, showing an individual has been provided training to make them aware of the signs and symptoms of Critical Incident Stress Syndrome. 6. Provide and maintain a current certificate for American Heart Association or equivalent CPR, Basic Life Support. 7. Provide a current certificate of training or agency letter as proof of annual refresher training for First Responder Operations Level Hazardous Materials per OSHA standard 1910.120, Hazardous Waste Operations and Emergency Response if employed by a first response organization and if it is required as a condition of employment. 8. Certificates of completion for IS 100, IS 200, IS 700 and IS 800 on line courses must be on file with the sponsoring agency. Salary expense to include backfill or overtime reimbursement is not authorized for taking these courses. 9. Participating agencies will schedule authorized members to attend annual fit testing opportunities while the individual is working and on duty to reduce expense. 10. Participating agencies will provide certificates of completion for DOJ Emergency Response to Terrorism, Basic Concepts or equivalent. Salary expense to include backfill or overtime is not authorized 11. Rescue Systems 1 training is a requirement for all members and is the responsibility of the participating agency. Tuition and Salary expense to include backfill or overtime is not authorized. 12. Participating Agencies that have an annual or bi annual medical screening program will provide a fit for duty letter signed by the agencies medical service provider per FEMA directive 2005-008. See appendix J 17 24 Participating agency responsibility I Position Specific Requirements If an individual must maintain a certificate or license as a condition of employment it is the responsibility of the Participating Agency to forward to the Sponsoring Agency a copy of updated license or certification. Examples are; • Hazmat Medical Surveillance • Annual EMT CE's • EMT Certification • Medical Licensure • CPR Recertification every three years 18 25 Appendix C Reimbursement procedures The Sponsoring Agency will reimburse a Participating Agency in accordance with the language of the Interim Rule in a timely manner upon receipt of accurate and complete required documentation of expenses. Only actual expenses authorized will be reimbursed. Equipment expenses • All purchases related to activation must be processed and approved by the Sponsoring Agency and must be items located on the DHS/FEMA approved US&R cache list. • Purchase orders must include the cache item number associated with the purchased equipment. • Cache item numbers are located on the current cache list which can be found in the WATF 1 web portal. • For every equipment item procured, there must be proper supporting documentation to receive reimbursement including, purchase orders, requisitions, and invoices from the vendors with appropriate authorizing signatures. • If an equipment purchase exceeds the item's cost cap, the purchasing agent must receive in advance Sponsoring Agency approval and provide written justification to the Sponsoring Agency for documentation purposes. • Requests for purchase or maintenance of equipment and supplies not appearing on the equipment cache list, or that exceed the number specified in the equipment cache list, must be made in writing to the DHS/FEMA US&R Program Manager. • No Federal funds provided under any preparedness cooperative agreement may be expended to purchase or maintain any equipment or supply item unless: 1. The equipment and supplies directly support the Sponsoring Agencies US&R capability, or 2. The DHS/FEMA US&R Program Manager approves the expenditure and gives written notice of his or her approval to the Sponsoring Agency before the participating agency, or Sponsoring Agency purchases the equipment or supply item. • The Sponsoring Agency is responsible for compiling all reimbursement claims. For each invoice, the Sponsoring Agency will provide a cover sheet. The invoice cover sheet will itemize each item purchased. A summary document will be provided to list all invoices submitted. Salary and Wage reimbursement • Salaries and Backfill reimbursement for Readiness activities shall be reimbursed as specified above and in accordance with the Participating Agency's standard pay policy. The Sponsoring Agency retains the right to modify reimbursement levels for each Readiness activity based on Cooperative Agreement funding availability and other mitigating factors. • Salaries and Backfill reimbursement for Activation activities shall be reimbursed in accordance with the Participating Agency's standard pay policy and all rules as specified in 19 26 the Interim Rule. Furthermore, the Participating Agency must prepare and submit to the Sponsoring Agency, in the proper claim format, all requests for reimbursements within 60 days after the Rehabilitation Period has ended. The Sponsoring Agency will provide the Participating Agency the most current format available at time of activation. Proof of salaries/benefits/backfill payments to Activated Personnel and backfill personnel must be submitted as part of the reimbursement claim request packet. • The Sponsoring Agency will submit a full claim reimbursement request to DHS/FEMA. Upon completion of review by DHS/FEMA, the Sponsoring Agency will process payments to the Participating Agency based on the final claim approval by DHS/FEMA. • The Participating Agency can request the Sponsoring Agency submit an appeal of any un- allowed expenses within 30 days of receiving notification of an exception to the original reimbursement claim amount. Additional documentation or explanation must accompany the appeal request. 20 27 Appendix D Compensation Rates City of Tukwila Asst. Chief Chris Flores $57.46/hr FF Matt Gilbert $26.97/hr FF Mark Morales $26.97/hr FF Rich Rees $26.97/hr FF Merle Brooks $26.97/hr FF Ben Hayman $26.97/hr 21 28 Appendix E Required documents and records from Participating agency 1. On Agency letterhead, verification of "General Training Requirements" for rostered personnel. 2. Certificates of completion for requirements listed in the "Position Description Directive" dated 2008-05, or any subsequent revisions of this document. 3. Participating Agencies that have an annual or bi annual medical screening program will provide a fit for duty letter signed by the agencies medical service provider per FEMA directive 2005. This is to include a respiratory questionnaire. 22 29 Appendix F List of participating agency contacts Participating agency: City of Tukwila Address 444 Andover Park East, Tukwila, WA 98198 Phone 206-575-4404 Point of Contact: Chief Nick Olivas Assistant Chief Chris Flores 23 30 Appendix G Medical Screening Medical Screening of all authorized members is required annually by DHS / FEMA US&R program directive. Departments with an existing annual medical screening program; • WATF-1 will reimburse Task Force member's agency for any required additional medical testing that is not currently provided under the agency's existing program. The Department may bill WATF-1 with a single billing for all of its authorized members for the additional testing required by FEMA. • WATF-1 will reimburse agencies for expenses incurred up to but no more than the current contracted prices from the Sponsoring Agencies Contracted Medical Service Provider. • Individual Task Force members may not submit medical bills for reimbursement — only participating agency bills will be accepted. Departments without an existing annual medical screening program • Authorized members without existing health screening from their Participating Agency will be required to use the Sponsoring Agency's contracted medical service provider for health screening. Required testing includes; • Vital signs and standard physical examination • Laboratory o CBC, Differential platelets o Chemistry panel to include liver & renal function tests • Aspartate Aminotransferase (AST) • Alanine Aminotransferase (ALT) • Alkaline Phosphatase (AlkPhos) • Gamma -Glutamyl Transpeptidase (GGTP) • Total and direct Bilirubin • creatinine • blood Urea Nitrogen (BUN) • Glucose • electrolytes, (Na, K, CI, Co2) ■ Total protein • Albumin ■ Calcium. o Urinalysis (urine dip, microscopic if indicated) o Urine heavy metal screen, (qualitative, spot urine). HAZMAT task Force members only o Spirometry o Chest x-ray (PA and Lateral) To establish baseline, Does not need to be repeated annually unless medically indicated o Resting 12 -lead ECG 24 31 o Stress 12 -lead ECG (as indicated, stratified by age above 46 years, or coronary artery disease risk factor assessment in accordance with sponsoring agency policy) o RBC cholinesterase (initial baseline or additional testing if medically indicated) does not need to be repeated annually unless medically indicated. o HBsAB Hepatitis B Surface Antibody, (validation of hepatitis B immunity) Titer need only be done once unless previously documented and greater than 10mU/m1; Administer Hepatitis B vaccine series if titer less than 10 mU/ml and repeat approximately 6 weeks after vaccination series. Frequency: All current and future newly assigned US&R task force members shall receive the minimum baseline health screening to be repeated annually unless procedure is to establish baseline. The need for post deployment interval screening will be determined by the presence of symptoms or based upon mission risk assessment by the Incident Support Team Medical and Safety Officers and consultants like CDC, NIOSH, OSHA, and EPA. Vaccinations and TB Screening • PPD (TB skin Test) annually • Influenza A & B (Seasonal) • Tetanus Toxoid or teanus/diptheria (Td) every 10 years • MMR (measles, Mumps and Rubella) • Polio (OPV or eIPV) • Hepatitis A & B • Varicella (or personal history of illness or prior antibody titer) Documentation of MMR, polio, hepatitis A&B and varicella by reported history and signed by the Authorized member should be reasonable proof of vaccination if other documentation is not available. Vaccination declination must be documented in TF occupational health records. 25 32 FEDERAL DEPLOYMENT VS. STATE DEPLOYMENT ACTIVITY/POLICY FEDERAL DEPLOYMENT STATE DEPLOYMENT Command and Control ESF-9 Sponsoring Agency Incident Commander IST (Operational Coordination Only) Task Force Leader State Emergency Management Sponsoring Agency Incident Commander County Liaison Team Task Force Leader Alert Activities FEMA generally approves funding for planning efforts No funding for planning/pre-deployment efforts Reporting Requirements After Action Report Daily Sit. Rep's., Incident Action Plans and Activity Logs Workman's Compensation Federal until max is met, then Home Agency State Emergency Worker then Home Agency Financial Management 44 CFR Part 208 44 CFR Part 208 Administration/Organization FEMA policies, directives, procedures FEMA policies, directives, procedures Demobilization US&R Program Directive 2005 -020 -Post Mission Demobilization Allowance Standards and Reimbursement Guidance US&R Program Directive 2005 -020 -Post Mission Demobilization Allowance Standards and Reimbursement Guidance Portal -Portal Pay Per 44 CFR Part 208.39( c )-Tour of Duty Per 44 CFR Part 208.39( c )-Tour of Duty REIMBURSEMENT PROCESS Claim Forms US&R Reimbursement Forms Individual Worksheet Form 18-001 US&R Reimbursement Forms Individual Worksheet Form 18-001 Supporting Documentation Letter of Certification of Wages Paid Signed timesheets for deployed/backfill Payroll source documentation Invoicing Agency Invoice to Pierce County Agency Invoice to Pierce County Payment Participating Agency is reimbursed once payment is received from FEMA Participating Agency is reimbursed once payment is received from WA St. Military Department CA) 34 U17-004 INTERGOVERNMENTAL AGREEMENT FOR URBAN SEARCH AND RESCUE ASSISTANCE BETWEEN THE WASHINGTON STATE MILITARY DEPARTMENT, EMERGENCY MANAGEMENT DIVISION AND PIERCE COUNTY AS THE SPONSORING AGENCY FOR WASHINGTON URBAN SEARCH AND RESCUE TASK FORCE 1 1. Introduction A. The Parties The Washington State Military Department, Emergency Management Division (EMD), is responsible to the Governor for carrying out the program for emergency management of Washington State, and is to coordinate the activities of emergency management organizations within the State. Pierce County (County) is the sponsoring agency of Washington Urban Search and Rescue Task Force 1 (WA -TF1), which is part of the National Urban Search and Rescue (US&R) System established by the Federal Government through the Federal Emergency Management Agency (FEMA). B. The National US&R System The National US&R System currently consists of 28 US&R Task Forces in 19 States that may be activated by FEMA for response to requests for federal emergency assistance throughout the nation. Each US&R Task Force is organized by a sponsoring agency pursuant to a memorandum of agreement with FEMA under which the Task Force will respond as a federal asset to major disasters or emergencies declared by the President under the Stafford Act on a reimbursable basis as prescribed by agreements with FEMA and in accordance with federal policies and rules. The sponsoring agency for each Task Force is responsible for entering into agreements with participating (participant agreements) local agencies and private entities (participating entities) to provide support for the Task Force subject to these federal agreements, policies and rules. C. WA -TF1 WA -TF1 is the only FEMA National US&R System Task Force located in Washington State. It is sponsored by Pierce County which has entered into participant agreements with participating regional entities to provide support for the Task Force. Through agreements with FEMA, County receives funding for equipment and training for WA -TF1 federal deployments, which also improves the capability of WA -TF1 participants to respond to in-state emergencies and disasters. D. Purpose of this Agreement Pursuant to FEMA issued US&R Program Directive 2007-012, a US&R Task Force can be activated by FEMA for federal deployment in another state but not for response to an emergency or disaster within the state in which the Task Force is located. Under this Directive, in-state federal activation and deployment of a US&R Task Force would violate the Stafford Act because US&R Page I 1 35 U 17-004 Task Force participants are considered by FEMA to be state and local resources that must be utilized as such prior to the State seeking federal assistance. As stated in the Directive, "If a State has its own US&R team assets standing by, not being utilized, by definition the State cannot certify that it lacks the ability to perform search and rescue work itself." Therefore, prior to the State of Washington seeking a Presidential disaster or emergency declaration authorizing FEMA to activate US&R Task Force assistance from another state for federal deployment in Washington, Washington State must certify that the in-state resources of WA -TF1 are being utilized or are otherwise unavailable for response. This Agreement provides a means for the State to certify to FEMA that the resources of WA -TF1 are being utilized or are otherwise unavailable for response in the event of an emergency or disaster in Washington State necessitating a request for FEMA to federally activate and deploy National US&R Task Force assistance from other states. 2. Scope This Agreement establishes a process for County to inform EMD regarding the availability of WA -TF1 components for response to an emergency or disaster within the State following proclamation of an emergency by the Governor and how WA -TF1 components are being utilized if not available. Additionally, if WA -TF1 components are available, this Agreement provides a means for engaging and utilizing those resources for response following a Governor's proclamation of emergency in the State. 3. Procedures A. Alert 1) Following a Governor's proclamation of emergency, the EMD Director or designee may issue an alert to the Pierce County Department of Emergency Management (PCDEM) Director identifying an emergency or disaster within the State for which response by all or part of WA -TF1 may be requested by impacted local jurisdictions or by EMD. The alert may be issued verbally then followed by written confirmation, generally within 12 hours. 2) To the extent WA -TF1 is not available for response, PCDEM will provide EMD with available information and written documentation identifying why all or any part of WA -TF1 is not available. B. Activation/Deployment Page 12 36 1) This Agreement is not an authorization for PCDEM to incur administrative expenses to plan or prepare for WA -TF1 activation or deployment, or to activate or deploy WA - TF1 or any of its component resources. PCDEM activation and deployment of WA - TF1 and supporting resources under this Agreement, and any related planning or preparation, shall only be authorized as provided in a completed "Activation Order" amendment to this Agreement in the form of "Attachment A" that has been mutually executed by the parties. County shall not activate or deploy any WA -TF 1 or supporting resources under this Agreement except in compliance with such authorization. No U 17-004 reimbursement will be provided for County administrative expenses incurred to plan or prepare for WA -TF1 activation or deployment, or for WA -TF1 and supporting resources activated or deployed, inconsistent with such authorization. 2) WA -TF1 and supporting resources authorized for deployment by PCDEM under this Agreement (the "authorized resources") are only those listed on mutually executed amendments in the form of "Attachment A" that reference this Agreement by number and include the authorized charge code, PCDEM/WA-TF1 mission number and disaster name, appropriate and pertinent information regarding the type of event, location, magnitude, weather conditions, current situation, predesignated point of departure (POD), date and time of activation, and authorization of funding (if available) for administrative expenses PCDEM may incur to begin planning and to bring together those personnel who are necessary to prepare for WA -TF 1 activation and deployment. 3) Upon receiving an alert from EMD, PCDEM will contact the WA -TF1 participating entities regarding availability for response to the emergency or disaster using currently applicable National US&R System procedures established by FEMA, and respond to EMD regarding WA -TF1 resource availability for response. 4) If PCDEM determines that all or part of WA -TF1 is available for response, EMD and PCDEM will consult to determine whether any of the available WA -TF1 components are appropriate for response to the existing emergency or disaster, based upon then currently available information, and identify an appropriate predesignated POD for available WA -TF1 components EMD determines are appropriate for response. 5) If EMD determines that WA -TF1 components are available and appropriate for response to the existing emergency or disaster based on consultation with PCDEM, EMD and PCDEM will execute an Activation Order amendment to this Agreement in the form of Attachment A. 6) PCDEM will field all necessary WA -TF1 personnel, equipment and supplies, and, if necessary, a County Liaison Team to the POD within 6 hours of receiving the fully executed Activation Order. Upon arrival at the POD, EMD will provide responding WA -TF 1 components with a situational briefing, maps, direction for deployment to the disaster area, and other situational information that is available. EMD will also provide a WA -TF1 liaison to the POD who will travel with WA -TF1 to the disaster area 7) Upon arrival at the predesignated disaster area location, WA -TF1 will report to the local incident commander or representative, begin operations under the Incident Command System structure, and identify an appropriate base of operations consistent with then current criteria established for the National US&R Response System. 8) While activated, WA -TF1 will submit daily situation reports to EMD through the liaison outlining activities for the past 24 hours and planned activities for the next 24- hour period. Reports should include, but not be limited to, the number of victims rescued and the status of WA -TF1 personnel, equipment and supplies. C. Demobilization Page I3 37 U 17-004 1) Responding WA -TF1 components will be demobilized by EMD upon determination by the EMD Director and PC DEM Director that one of the following has occurred: a. WA -TF1 has completed its assignment; b. Incident conditions have changed and WA -TF1 or any specific component is no longer needed; or c. WA -TF1 or any specific components have been deemed unable to continue operations. 2) EMD will issue demobilization orders to PCDEM. Demobilization orders should address the official stand -down time, components being demobilized, reason for demobilization, transportation requirements, basic personnel rehabilitation IAW FEMA Program Directive 2005-020 Post Mission Demobilization Allowance Standards and Reimbursement Guidance (incorporated as Attachment B), and departure itinerary. 3) WA -TF1 will be demobilized to the point of origin consistent with demobilization under the National US&R Response System. 4) PCDEM will have WA -TF 1 submit an After Action Report summarizing the activities of the mission and lessons learned to EMD within 90 days after all Task Force components have been demobilized. 4. Administration, Financial Management and Reimbursement A. Administration and Organization PCDEM is responsible for recruiting, organizing and training WA -TF1, and establishing participant agreements with participating entities that authorize PCDEM to commit the participating entity and its employees to in-state activation and deployment under this Agreement, in a manner consistent with PCDEM's sponsoring agency agreements with FEMA and all applicable FEMA policies, directives, procedures, rules and requirements for federal Task Force recruitment, organization, training, activation and deployment, which are hereby incorporated in and made a part of this Agreement. B. Financial Management When WA -TF1 is activated, deployed and demobilized by EMD pursuant to this Agreement, and to the extent consistent with state laws, rules, regulations and this Agreement, PCDEM will monitor, track and account for all costs associated with WA- TFI activation, deployment and demobilization consistent with and subject to the same policies, directives, procedures, rules and requirements as at that time are applicable to FEMA for federal activation, deployment and demobilization of WA -TF1 under 44CFR part 208, and are hereby incorporated in and made a part of this Agreement. To the extent state laws, rules, regulations and this Agreement are more restrictive than federal Page 14 38 U17-004 policies, directives, procedures, rules and requirements, the provisions of state law, rule, regulation and this Agreement shall be observed. C. Reimbursement When WA-TFI is activated, deployed and demobilized by EMD pursuant to this Agreement, and to the extent consistent with state laws, rules, regulations and this Agreement, EMD will provide reimbursement to PCDEM consistent with and subject to the same policies, directives, procedures, rules and requirements as at that time are applicable to FEMA for federal activation, deployment and demobilization of WA -TF1, and are hereby incorporated in and made a part of this Agreement. To the extent state laws, rules, regulations and this Agreement are more restrictive than federal policies, directives, procedures, rules and requirements, the provisions of state law, rule, regulation and this Agreement shall be observed (see Attachment A), except for the following eligibility and documentation requirements that shall be applied by EMD to requests for reimbursement under this Agreement. All members of WA -TF1 who are activated and deployed under this agreement are considered to be performing within the scope of their regular employment with their particular employer and are authorized to be compensated according to local pay policies and collective bargaining agreements (as per participating entity agreement). Documented, reasonable direct administrative costs associated with pre -deployment and post -deployment functions or other costs incurred by supporting agencies of WA -TF1 are eligible. The intent is to provide reimbursement for actual costs incurred during the response. The following costs are not eligible for reimbursement: 1) The purchasing of any items in advance as replacements. While damaged, destroyed, totaled, contaminated, or otherwise unusable items performing service under this agreement (uniform, turn out gear, equipment, etc.) should be considered eligible for replacement, acquisition of items prior to the deployment is not eligible. 2) Costs for alcohol, tobacco, toiletries, or similar items are not eligible for reimbursement. 3) ANY AND ALL costs incurred by any WA -TF1 component or other entity that self - deployed inconsistent with authorization granted under this Agreement shall be ineligible for reimbursement. Requests for reimbursement must be supported by the following documentation to be eligible: 1) Timesheets or other time monitoring records that are signed by an authorized individual. 2) Timesheets for backfill employees. Page 15 39 UI7-004 3) Task Force activities recorded in accordance with the daily Incident Action Plan (IAP) and/or other record of work activity. 4) Payroll source documentation. 5) Travel expense reports and vouchers. 6) Receipts or invoices for purchased goods. 7) Other documents that substantiate an authorized incurred cost(s) for which reimbursement is sought. 5. Conditions, Amendments and Termination A. Advance Payments Prohibited EMD shall make no payments in advance or in anticipation of goods or services being provided under this Agreement. B. Payment Subject to Appropriation All payments by EMD under this Agreement are subject to availability of appropriated funds pursuant to Washington Constitution Article VIII, section 4, RCW 43.88.130, and RCW 43.88.290. C. Alterations and Amendments This Agreement and any of its Attachments may only be amended or altered by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. All other terms and conditions of this Agreement shall remain in full force and effect and binding upon the parties. D. Effective Date and Termination This Agreement is effective as of the dates shown below and will remain in effect until terminated in writing by either party. The party desiring to terminate the Agreement will provide the other party sixty (60) days prior written notice of its intent to terminate. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. E. All Writings Contained Herein Page 16 40 U 17-004 This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year last specified below. BY: BY: Richard A. Woodruff, Contracts Officer Washington State Military Department Pierce County Date: Date: Page 17 41 Page 18 42 URBAN SEARCH & RESCUE SECTION MEMORANDUM FOR National Urban Search & Rescue Response System Task Force Leaders / Program Managers FROM: Mike Tamillow US&R Section Chief DATE: 12 July 2005 RE: U 17-004 Attachment A o''i-T\ti FEMA U S&R Program Directive - 2005-020 — Post -Mission Demobilization Allowance Standards and Reimbursement Guidance ISSUE STATEMENT • This Directive is to clarify and provide general guidance in relation to Urban Search and Rescue (US&R) Task Force and Incident Support Team (IST) demobilization allowances and reimbursement claim preparation for the demobilization and post -mission phases of activation. • The assigned IST(s) will provide recommendations to the US&R Program Office regarding modifications to these demobilization allowance standards on a case-by-case basis. • Demobilization Orders for all US&R assets will be generated by US&R Program staff in the NRCC considering the recommendations of the assigned ESF-9 Assistant(s) on the IST(s). General Demobilization Allowances • Cache rehabilitation staff time: • Type I operations = 400 hrs Type III (light task force) operations = 240 hours - Not based on the type of TF they are activated as - Example: 240 hours for XX -TF1 activated as a Type I TF for Hurricane Wanda • Basic personnel rehabilitation time (once they reach their home base): Type I operations = 72 hours - i.e., OKC, Pentagon, WTC week-long periods of sustained operations Type III operations = 12 to 48 hours - dependent upon the type/severity of operations (IST recommendation to be made to the NRCC/US&R Program Office) Examples: 12 hours if demobilized while en route to an assigned location prior to arrival 24 hours for arrival at the assigned location and subsequently staged only 48 hours for moderate to heavy operations REOUIRED ACTIONS • Task forces are directed to use the following information as guidance for developing their reimbursement submission to the US&R Program Office. Reimbursement submissions are due no later than 90 after demobilization and return to home base. U17-004 National Urban Search & Rescue Response System US&R Program Directive - 2005-020 — Post -Mission Demobilization Allowance Standards and Reimbursement Guidance Page Two • Activation Personnel Costs: Task Force Members: These personnel become eligible for reimbursement upon reporting to the task force Point of Assembly (POA), but no earlier than the activation time stated in the Activation Order. IST Members: These personnel become eligible for reimbursement three hours prior to their scheduled flight departure time if traveling by air, or upon beginning travel if traveling by ground. • Personnel Rehabilitation Period (PRP): • Task Force Members: For this, and future deployments, the timeframe for beginning and ending of the PRP will be determined by the time personnel are released from the POA. If personnel are released from the POA at a time which is prior to the point that is 50% of the Sponsoring Agency's (SA) normal shift schedule, then the PRP will begin on the day of release, at the time that is 50% of the normal shift schedule. If personnel are released from the POA at a time which is equal to or after the point that is 50% of the SA's normal shift schedule, then the PRP will begin on the next day at the normal shift start time. • The number of PRP hours will be authorized as part of the Demobilization Order — Example: the SA's normal shift is 24 hours, 0700 to 0700. If personnel were released from the POA at 1500 hours, since this is prior to the 50% shift schedule time of 1900 hours the PRP would begin at 1900 hours. If personnel were released from the POA at 2300 hours, since this is after the 50% shift schedule time of 1900 hours, the PRP would begin the next day at 0700 hours. • IST Members: For this and future deployments, the same method as stated above applies with two modifications: The PRP start time determination will be made based upon the member's arrival at their home airport, or final destination if traveling by ground. The 50% rule will apply based upon the IST member's normal shift schedule if different from the SA's normal shift schedule. • Claim Preparation Explanation: • Single Disaster Deployment: If all task force or IST personnel were assigned to a single disaster, prepare one claim for all personnel. Example: XX -TF1 was activated for Hurricane Wanda, assigned to operations and demobilized, and had IST personnel activated for Hurricane Wanda — prepare one Wanda claim. • Multiple Disaster Deployments: If task force personnel were assigned to different disasters and never reassigned to another disaster — prepare a separate claim for each disaster that includes only those persons assigned to that disaster (i.e., an IST member deployed only to Wanda, and another IST member deployed only to Hurricane Ben would require two separate claims). Page 19 43 Page 110 44 U 17-004 National Urban Search & Rescue Response System US&R Program Directive - 2005-020 — Post -Mission Demobilization Allowance Standards and Reimbursement Guidance Page Three If task force personnel were assigned to one disaster, then reassigned to another disaster — prepare a separate claim for each disaster that includes only those persons assigned to that disaster for the days assigned to that disaster (i.e., XX-TFI personnel were activated for Hurricane Wanda, then reassigned to Ben operations — prepare one Wanda claim and one Ben claim). ■ Claim Preparation Illustration: Assignment(s) Required Claim(s) Example(s) All task force personnel were assigned to a single disaster Prepare one claim for all task force personnel 1. XX -TF 1 was activated for Hurricane Wanda, assigned to operations and demobilized prior to Ben declaration. 1. Prepare one Wanda claim Task force personnel were assigned to different disasters and never reassigned to another disaster Prepare a separate claim for each disaster that includes only those persons assigned to that disaster 1. XX -TF 1 was activated for Hurricane Wanda, assigned to operations and demobilized prior to the Ben declaration. & 2. A member of XX -TF1 was activated for the Hurricane Ben IST, assigned to operations and demobilized prior to the Ivan declaration 1. Prepare one Wanda claim & 2. Prepare one Ben claim Task force personnel were assigned to one disaster then reassigned to another disaster Prepare separate claims for each disaster that includes only those persons assigned to that disaster and for the days assigned to that disaster. 1. XX -TF1 personnel were activated for Hurricane Ben, then reassigned to Wanda operations 1. Prepare one Ben claim & 2. Prepare one Wanda claim U 17-004 National Urban Search & Rescue Response System US&R Program Directive - 2005-020 — Post -Mission Demobilization Allowance Standards and Reimbursement Guidance Page Four • Personnel cell phone bills: If IST personnel are required to utilize their personal cell phones to conduct official IST business (due to communication problems while assigned to an incident), these calls are reimbursable. These charges should be reimbursed to the IST member by their task force. The task force should then include these charges with its reimbursement claim for the related disaster. An itemized cell phone invoice must be included, with the IST related calls highlighted and totaled. Only calls for official business are to be claimed. There should be no claim for personal calls. • As stated in the Demobilization Order, all claims are required to be prepared in the Reimbursement Program version 1.5, April 2002. Any claim not prepared in version 1.5 will be returned for resubmission in the correct version. • Supporting Documentation Required: • Since the September 11, 2001 reimbursement process, comptrollers have required certain "proof of" documentation be provided with every claim submitted. This documentation verified straight and overtime -hourly rates of pay, straight and overtime benefits percentage rates, and showed proof of payment for all individuals named in the claim. Although necessary, this requirement resulted in a large amount of additional paperwork submitted and increased claim review times. • Working with the Office of the Inspector General's (OIG) auditors, the Office of General Counsel (OGC), and FEMA comptrollers, the Reimbursements Claim Unit (RCU) has developed FEMA US&R RCU Form 18-1, Deployment Rate Verification. This form is to be used to provide verification of straight and overtime -hourly rates of pay, and straight and overtime benefits percentage rates for all individuals named in a claim. • The information is to be entered into Form 18-1 and then be used to construct the Individual Spreadsheets. • The task force should send a Form 18-1 to each Sponsoring Agency that provided personnel for a deployment. • Backfill personnel information should also be entered into this form. • The Sponsoring Agency should fill the form out and return it with documentation verifying the accuracy of the information to the task force. • The documentation should then be kept in the task force's reimbursement files. • Signed 18-1s are to be submitted with the task force's reimbursement claim in place of the individual documentation. • Proof of payment is still required to be submitted with the reimbursement claim. • 75% Personnel Costs Payment: • Upon receipt of a properly prepared and docuunented reimbursement claim, a payment equal to 75% of the claimed personnel costs will be processed automatically. • No additional forms or paperwork are required of the task force. If you have any questions do not hesitate to contact either Joe Hiponia at 202-646-3511, email Joe.Hiponia(a dhs.gov or Dean Scott at 202-646-4530, email Dean.Scottr dhs.gov. Page 111 45 Page 112 46 U 17-004 National Urban Search & Rescue Response System US&R Program Directive - 2005-020 — Post -Mission Demobilization Allowance Standards and Reimbursement Guidance Page Four APPROVAL Issue is approved for Program implementation: Signed: Mike Tamillow / U S&R Section Chief Implementation Date: Completion Date: 12 July 2005 12 July 2005 Date N/A City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes November 6, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn Staff: David Cline, Chris Flores, Rachel Bianchi, Bruce Linton, Jay Wittwer, Gail Labanara, Laurel Humphrey Guests: D.J. Baxter & Carrie Holmes, Shiels Obletz Johnsen; Natalie Swaby, King5; Gary Gunther, resident CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA A. Interlocal Agreement Amendment: FEMA Urban Search and Rescue Response System Staff is seeking Council approval of an amendment to an interlocal agreement with Pierce *County to memorialize procedure and methodology for deployment and reimbursement of in- state disaster and emergency mobilizations. Tukwila has participated in Washington Task Force 1 of FEMA Urban Search and Rescue since its inception in 1991 and personnel have been to several national disasters and emergencies. The 2014 experience in OSO revealed the reimbursement process to be cumbersome due to lack of a formalized agreement. Under this amendment all authorized mobilizations will be reimbursed. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. There was consensus to consider the legislative agenda as the next order of business. B. Resolution: 2017 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2018 Washington State Legislative Session. The agenda includes items in the categories of Transportation & Infrastructure, Housing & Human Services, Shared Revenue, Revenue Reform, Streamlined Sales Tax Mitigation, Education, and Law Enforcement. The City's state lobbyist, Jennifer Ziegler, will attend the November 20 Council meeting to present a legislative session preview. Staff also asked for Committee approval to add an item to preserve the flexibility in the definition of "tourist," as a bill was considered last session that would have changed "tourist" to be visitors from more than 50 miles away or from a different state or country. This would inhibit Tukwila's ability to attract day visitors with lodging tax fund. Councilmember Quinn asked that an item be added relating to monitoring the effect of the McCleary decision and changes to education funding to ensure that Tukwila students are benefiting. The Committee agreed with this addition. The draft legislative agenda will also be 47 48 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or's review Council review 11/20/17 CT X -:' 'Il- DLR ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other MtgDate CATEGORY ►1 Discussion 11 Ordinance AN Date Mtg Date 11/20/17 SPONSOR ❑Council ❑FIR ❑DCD Finance Fire TS ❑P&R ❑Police PW ❑Court I Mayor ITEM INFORMATION ITEM No. 4.D. 49 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DAM: 11/20/17 AGENDA ITEM TIT1,1 Washington State Office of Public Defense 2018-2019 Grant Agreement 11/20/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other MtgDate CATEGORY ►1 Discussion 11 Ordinance AN Date Mtg Date 11/20/17 SPONSOR ❑Council ❑FIR ❑DCD Finance Fire TS ❑P&R ❑Police PW ❑Court I Mayor SPONSOR'S The Council is being asked to authorize execution of the 2018-2019 Grant Agreement with SUMMARY the Washington State Office of Public Defense REVIIAVED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/07/ 17 11 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTE1 Mayor's Office Unanimous Approval; Forward to Consent Agenda on 11/20/17 COST IMPACT / FUND SOURCE EYPI:NDITURI? RI?QUIRi:D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/20/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum from Cheryl Thompson dated 11/31/17 WSOPD 2018-2019 Grant Agreement Minutes from the Finance Committee Meeting of 11/07/17 49 50 h%sy Cit of Tukwila City Allan Ekberg, Mayor ___ j INFORMATIONAL MEMORANDUM TO: FINANCE COMMITTEE CC: Mayor Ekberg David Cline, City Administrator FROM: Cheryl Thompson, Executive Assistant DATE: October 31, 2017 SUBJECT: Office of Public Defense 2018-2019 Grant Agreement ISSUE The Washington State Office of Public Defense has awarded the City of Tukwila a $74,000 grant for the Public Defense Program: $37,000 for 2018 and $37,000 for 2019. Council needs to approve execution of the grant agreement since the award exceeds the $40,000 threshold. BACKGROUND The City of Tukwila has applied for and received grant awards from the Washington State Office of Public Defense (WSOPD) since 2013. In prior years the grant awards have been for one year and have ranged from $22,000 - $25,600. Effective 2018 WSOPD has transitioned to a two-year grant application and award process. DISCUSSION On October 6, 2017 the City received notification that WSOPD has awarded the City $74,000 in grant funds for 2018-2019: $37,000 for each year. WSOPD has stipulated that the grant funds be used for to provide investigator services, interpreter services and social work assistance to the Public Defense Program. The attached Grant Agreement must be signed and returned to WSOPD by December 15, 2017 to accept the award and receive the funds. The City agrees to utilize the grant funds as stipulated by WSOPD and to submit three written reports to WSOPD as outlined in the agreement. Past grant awards from WSOPD have allowed the City to translate our public defense forms into six different languages: Spanish, Somali, Russian, Vietnamese, Hindi and Khmer; to provide interpreter resources to public defense attorneys for attorney-client appointments; to contract with a private investigator for public defense cases; to contract with a social services case manager to assist public defense clients in obtaining social service; and to purchase portable work stations to provide confidential meeting space for public defense attorneys to talk with their clients during court sessions. These grant funds will allow the City to continue providing these services in 2018-2019. RECOMMENDATION The Council is being asked to send this item to the consent agenda at the November 20, 2017 Regular meeting. ATTACHMENTS 2018-2019 Grant Agreement 51 52 Grant Agreement No. GRT18511 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188-8548 2. Grantee Representative Cheryl Thompson Executive Assistant 6200 Southcenter Blvd Tukwila, WA 98188 3. Office of Public Defense (OPD) 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 4. OPD Representative Joanne I. Moore Director Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount $74,000 6. Grant Period January 1, 2018 through December 31, 2019 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive public defense services in Washington municipalities. grants for the purpose of improving the quality of (See Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on the date below to start January 1, 2018 and end December 31, 2019. The rights and obligations of both parties to this Grant are governed by this Grant Agreement and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of City Grant Agreement, and Exhibits A, B, and C. FOR THE GRANTEE FOR OPD Name, Title Joanne I. Moore, Director Date Date Grant Agreement GRT18511 Face Sheet Page 1 of 15 53 SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Grant. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Grant. b. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. GRANT AWARD AMOUNT The Grantee is awarded seventy-four thousand and 00/100 Dollars ($74,000) to be used for the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount shall be disbursed to Grantee in January, 2018 for use during calendar year 2018. The remaining one-half shall be disbursed to Grantee in January, 2019 for use during calendar year 2019. 3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy County/City Use of State Public Defense Funding) a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Grant funds cannot be spent on purely administrative functions or billing costs. c. Grant funds cannot be used for cost allocation. d. Grants funds cannot be used for indigency screening costs. e. Grant funds cannot be used for city or court technology systems or administrative equipment. f. Grant funds cannot be used for city attorney time, including advice on public defense contracting. 4. USE OF GRANT FUNDS a. Grantee agrees to use the grant funds for the following: i. Adding investigator services ii. Providing interpreter services for attorney-client communications iii. Social work services to assist public defense attorneys b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above. c. Grantee agrees to use the first disbursement of funds in calendar year 2018, and the second disbursement of funds in calendar year 2019. If Grantee is unable to use the funds in the year for which the funds are disbursed, the Grantee agrees to notify OPD to determine what action needs to be taken. d. Grantee agrees to deposit the grant check within fourteen days of receipt. 5. OVERSIGHT a. Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD no later than June 30, 2018 using the template found in Exhibit A. The second report shall be submitted to OPD no later than December 15, 2018 using the template found in Exhibit B. The Grant Agreement GRT18511 Special Terms and Conditions Page 2 of 15 54 third report shall be submitted to OPD no later than June 30, 2019 using the template found in Exhibit C. Where indicated, reports must be submitted along with the Grantee City's public defense attorneys' contracts, certifications of compliance, and other required documentation. b. Over the duration of the grant term, OPD will conduct site visits for purposes of addressing improvements to public defense and ensuring the use of grant funds for their specified purposes. At OPD's request, Grantee will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and city representatives. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes, regulations, and court rules • Special Terms and Conditions Of the City Grant • General Terms and Conditions of the City Grant Grant Agreement GRT18511 Special Terms and Conditions Page 3 of 15 55 GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERCIANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 29 CFR Part 35. The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 6. CONFORMANCE If any provision of this Grant violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. Grant Agreement GRT18511 General Terms and Conditions Page 4 of 15 56 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. Grant Agreement GRT18511 General Terms and Conditions Page 5 of 15 57 Exhibit A Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #1 All City grant recipients are required to submit a completed copy of this report, along with corresponding documentation, to the Washington State Office of Public Defense by June 30, 2018. City: Date Completed: Contact Name: Title: Mailing Address: City: Phone: Email Address: Zip Code: Section I: Public Defense Expenditures/Budget 58 1.1 In 2017, the city paid indigent defense expenses as follows: a. Amount spent on attorney salaries and benefits, and contract attorney amounts including conflict attorneys: b. Amount spent on investigators, experts, and other indigent defense costs: 2017 Total: $ Does the above amount include state grant funds? 1.2 For 2018, the city budgeted indigent defense expenses as follows: a. Amount budgeted for attorney salaries and benefits, and contract attorney amounts including conflict attorneys: $ b. Amount budgeted for investigators, experts, and other indigent defense costs: 2018 Total: $ Does the above amount include state grant funds? Grant Agreement GRT18511 Exhibit A — Grant Report #1 — Due June 30, 2018 Page 6 of 15 Section II: Case Assignments 2.1 In 2017, attorneys providing indigent defense representation had the following caseloads: Fill in section 2.1(a) if the city has a public defender agency or contracts with a county public defender agency or non-profit public defense firm. Fill in section 2.1(b) for list appointments or contracts with private attorneys. a. Cities using public defender agencies. Number of cases assigned to public defender agency (not including conflict counsel): Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of full -time -equivalent public defenders: Average per -attorney caseload, if available: Number of cases assigned to conflict counsel: b. Cities using list appointments or contracts with private attorneys. Number of cases assigned to public defense attorneys: Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of attorneys with public defense contracts or on court's appointment list: Average per -attorney caseload, if available: Section III: Grant Funds 3.1 Grant Amount Awarded for 2018: 3.2 Amount of Annual Grant Funding Spent to Date: 3.3 Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): Grant Agreement GRT18511 Exhibit A — Grant Report #1 — Due June 30, 2018 Page 7 of 15 59 3.4 Description of How Grant Funds Have Been Used to Date: 3.5 Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable): 3.6 Description of Impact State Funds Have Had on Local Public Defense Services: 3.7 Is there any particular technical assistance that OPD can provide your city? Grant Agreement GRT18511 Exhibit A — Grant Report #1 — Due June 30, 2018 60 Page 8 of 15 Section IV: Attachments and Tables 4.1 If the city has public defense contracts, fill out the Table of Public Defense Contracts (Table I), and provide a copy of each current contract in alphabetical order by attorney name. If possible, please provide scanned copies of contracts, by CD or email attachment. Failure to provide current contracts could result in an incomplete report. 4.2 If the court appoints public defense attorneys from a list, provide the name of each attorney and the compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table II). 4.3 If the City has adopted any new public defense policies, ordinances, or resolutions within the last year, please attach them to this report. 4.4 Provide copies of attorneys' 2018 quarterly Certificates of Compliance. Grant Agreement GRT18511 Exhibit A — Grant Report #1 — Due June 30, 2018 Page 9 of 15 61 Table I: Public Defense Contracts and Subcontracts Currently in Effect (2018) Name of attorney/firm (If firm, please identify (1) the total number of attorney FTEs handling public defense cases, and (2) the name of each attorney handling public defense cases) Number of misdemeanor/ gross misdemeanor cases anticipated for the attorney/firm in 2018 Method and rate of payment (per case/per hour, etc.) Conflict cases only? Yes/No Grant Agreement GRT18511 Exhibit A — Grant Report #1 — Due June 30, 2018 62 Page 10 of 15 Table II: List -Appointed Public Defense Attorneys (2018) Name of attorney/firm (If firm, please identify (1) the total number of attorney FTEs handling public defense cases, and (2) the name of each attorney handling public defense cases) Method and rate of payment (per case/per hour, etc.) Number of cases assigned Grant Agreement GRT18511 Exhibit A — Grant Report #1 — Due June 30, 2018 Page 11 of 15 63 Exhibit B Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #2 All City grant recipients are required to submit a completed copy of this report to the Washington State Office of Public Defense by December 31, 2018. Failure to timely submit this report could delay disbursement of 2019 grant funds. City: Report Date: Contact - Name: Email: Phone: Address: 2018 Award Amount: Amount Spent to Date: Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions) Description of How Grant Funds Have Been Used in 2018: Grant Agreement GRT18511 Exhibit B — Grant Report #2 — Due Dec. 31, 2018 64 Page 12 of 15 Plans for Utilizing 2019 Grant Funds: Description of Impact State Funds Have Had on Local Public Defense Services Is there any particular technical assistance that OPD can provide your city? Grant Agreement GRT18511 Exhibit B — Grant Report #2 — Due Dec. 31, 2018 Page 13 of 15 65 Exhibit C Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #3 All City grant recipients are required to submit a completed copy of this report, along with all public defense attorneys' 2019 quarterly Certificates of Compliance to the Washington State Office of Public Defense by June 30, 2019. City: Report Date: Contact - Name: Email: Phone: Address: 2019 Award Amount: Amount Spent to Date: Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions) Description of How Grant Funds Have Been Used to Date: Grant Agreement GRT18511 Exhibit C — Grant Report #3 — Due June 30, 2019 66 Page 14 of 15 Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable) Description of Impact State Funds Have Had on Local Public Defense Services Is there any particular technical assistance that OPD can provide your city? Grant Agreement GRT18511 Exhibit C — Grant Report #3 — Due June 30, 2019 Page 15 of 15 67 68 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 7, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Acting Chair; Dennis Robertson, Kathy Hougardy Staff: David Cline, Jay Wittwer, Peggy McCarthy, Vicky Carlsen, Gail Labanara, Sherry Wright, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Agreement: State of Washington Office of Public Defense Staff is seeking Council approval of a grant acceptance agreement with the Washington State *Office of Public Defense (WSOPD) for $37,000 each for 2018 and 2019. The City of Tukwila has received this grant in the past and in 2018 WSOPD transitioned to a two-year funding cycle. Funds will be used to provide investigator services, interpreter services, and social work assistance to the City's Public Defense Program. There is no match, but the City is required to submit three written reports as outlined in the agreement. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. B. Reappointment of Municipal Court Judge Staff is seeking Council approval to confirm the reappointment of Judge Kimberly Walden to the office of Municipal Court Judge for a term of January 1, 2018 - December 31, 2021. The Council is also being asked to approve an ordinance fixingthe Judge's salary pursuant to city and state law. The proposed ordinance maintains the judges position at .90 FTE with the salary set at .90 of the District Court Judge salary in the schedule adopted by the Washington Citizen's Commission on Salaries for Elected Officials. The Committee agreed that Judge Walden has been serving the City well in her position which she has held since 2003. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR MEETING. C. Tax Levy Ordinances Staff is seeking Council approval of two ordinances relating to property tax: one that would increase the City's Regular Property Tax Levy from 2017, and one that would levy general and excess property taxes. These ordinances are presented to the Council on an annual basis. According to the King County Assessor, the projected assessed value for Tukwila is $6,044,327,455. The maximum allowable levy is estimated to be $3.45711. The preliminary levy rate is estimated to be $2.49969 for 2018. A levy amount of $15,300,000 is proposed in the draft 69 70 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M yor's review Council review 11/20/17 SW , 1.17 E_ DLR ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Resolution MLtg Date 11/20/17 SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Fire ❑TS ❑P&R ❑Police ❑PIV ❑Court 11 Finance SPONSOR'S The Council is being asked to review and approve a resolution modifying the Financial SUMMARY Reserve Policy. REvii WED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/7/17 I I Finance ITEM INFORMATION ITEM No. 4.E. 71 STAFF SPONSOR: SHERRY WRIGHT ORIGINAL AGENDA DATE: 11/20/17 AGENDA ITEM TITLE Approve Resolution Modifying the Financial Reserve Policy CATEGORY ❑ Discussion Mtg Date 1 ❑ Motion Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date /1 Resolution MLtg Date 11/20/17 SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Fire ❑TS ❑P&R ❑Police ❑PIV ❑Court 11 Finance SPONSOR'S The Council is being asked to review and approve a resolution modifying the Financial SUMMARY Reserve Policy. REvii WED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/7/17 I I Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMIYIEE Finance Department Unanimous Approval; Forward to Consent COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum dated 11/7/17 Draft Resolution Minutes from the Finance Committee meeting of 11/7/17 71 72 City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Finance Committee FROM: Peggy McCarthy, Finance Director BY: Sherry Wright, Senior Fiscal Coordinator DATE: November 7, 2017 SUBJECT: Proposed Changes to City's Financial Reserve Policy ISSUE Allan Ekberg, Mayor Approve revisions to the City's Financial Reserve Policy due to recent changes in accounting standards. The Financial Reserve Policy dictates the minimum level of fund balance (reserves) and how the City will manage one-time revenues. BACKGROUND The Tukwila City Council approved the current Financial Reserve Policy on August 3, 2015 when it passed Resolution No. 1861. The Financial Reserve Policy outlines minimum fund balance (reserve) requirements, one-time revenues, and self-insurance reserves. The reserve policy needs to be updated based on recently adopted accounting standards which affected fund balance in Enterprise Funds. To address this impact, staff recommends making the changes highlighted in the attached resolution. DISCUSSION Resolution 1861 outlines the minimum level of financial reserves (fund balance) for the City's funds. Federal accounting requirements are constantly changing, and a recent change impacted the unrestricted balances reported in Enterprise Funds. Based on the change in accounting standards, staff recommends amending the Financial Reserve Policy by clarifying that the effects of specific accounting standards will be excluded from the calculation of unrestricted fund balance. In 2015, the City was required to implement a new federal accounting standard for pension plans, Governmental Accounting Standards Board Statement 68. This standard, commonly referred to as GASB 68, changed the way local governments calculate and report the costs associated with providing pension benefits for employees. The primary requirement of GASB 68 is for employers to report their share of any unfunded pension obligation as a balance sheet liability, and to recognize certain pension expenses immediately rather than over an extended period. Although the City is required to report these items on the financial statements, it is important to note that this is not an actual current liability of the City. In 2016, when the GASB 68 entry was booked in the Golf Course Fund, the unrestricted balance dropped to 8%, which is below the required unrestricted balance of 20% of the previous year's revenues. Since the accounting entry for GASB 68 doesn't impact actual available fund balance, staff is recommending a minor change to policy language. Clarifying language has been added 73 INFORMATIONAL MEMO Page 2 to Section 1.B. of the attached resolution. For clarification purposes, the following tables show the calculation of minimum fund balance according to the current financial reserve policy (top table) compared with the minimum fund balance calculation when GASB 68 is excluded (bottom table). CURRENT CALCULATION OF MINIMUM FUND BALANCE Foster Surface Removing effects of GASB 68 Water Sewer Golf Water (a) -(b)= (c) Utility Utility Course Utility;, (a) 2016 Unrestricted Balance 6,692,750 7,826,985 117,982 2,602,903 (b) Prior Year Revenues 6,484,496 9,020,998 1,481,791 5,086,199 (c) Minimum Fund Balance' 103% 87% 8% 51% 1 Current City policy requires unrestricted balances of enterprise funds to equal or exceed 20% of prior year revenue. 111% 90% 46% 68% PROPOSED CALCULATION OF MINIMUM FUND BALANCE Foster Surface Removing effects of GASB 68 Water ' Sewer Golf Water (a+b)-(c)=(d) Utility Utility Course Utility (a) 2016 Unrestricted Balance 6,692,750 7,826,985 117,982 2,602,903 (b) GASB 68 calculation 499,836 290,202 568,376 841,678 (c) Prior Year Revenues 6,484,496 9,020,998 1,481,791 5,086,199 (d) Minimum Fund Balance 111% 90% 46% 68% RECOMMENDATION The Finance Committee is asked to recommend passing the revised Financial Reserve Policy and forward that recommendation to the Committee of the Whole on November 13, and to the full Council on November 20. ATTACHMENTS • Financial Reserve Policy Resolution 74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING THE PREVIOUSLY ADOPTED FINANCIAL RESERVE POLICY TO ELIMINATE THE EFFECTS OF GASB 68 FOR PURPOSES OF CALCULATING THE UNRESTRICTED BALANCES OF THE ENTERPRISE FUNDS; AND REPEALING RESOLUTION NO. 1861. WHEREAS, for the well-being and sustainability of the community, its residents, and businesses, it is important that the City of Tukwila be prepared to respond to any and all situations that could result in a risk and/or crisis to the City's finances including, but not limited to, revenue shortfalls and unanticipated expenditures; and WHEREAS, it is the responsibility of the City Council of the City of Tukwila to provide policy direction for the City's biennial budget through the passage of motions and ordinances, adoption of resolutions, and final approval of said budget; and WHEREAS, a financial reserve policy establishes, attains, and restores minimum fund balances, including self-insured health care reserve funds, and specifies review and reporting of such; and WHEREAS, beginning in 2015 the City was required to implement Governmental Accounting Standards Board Statement 68 (GASB 68) related to accounting and reporting for pension plans; and WHEREAS, it is the responsibility of the City to report the effects of GASB 68 in the Comprehensive Annual Financial Report (CAFR), even though the effects are not a current liability of the City; and WHEREAS, the City desires to eliminate the effects of GASB 68 for purposes of calculating the unrestricted balances of the Enterprise Funds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Minimum Fund Balances. A. At the close of each fiscal year, the General Fund unassigned balance shall equal or exceed 18% and the Contingency Fund reserve balance shall equal or W:\Word Processing\Reserve Policy revised strike-thru 10-30-17 SW:bjs Page 1 of 2 75 exceed 10% of the previous year General Fund revenue, exclusive of significant non- operating, non-recurring revenues such as real estate sales or transfers in from other funds. B. At the close of each fiscal year, the unrestricted balances of the Enterprise Funds shall equal or exceed 20% of the previous year revenue, exclusive of the effects of GASB Statement 68, as well as significant non-operating, non-recurring revenues such as real estate sales, transfers in from other funds or debt proceeds. C. Use or draw down of minimum balances shall occur only upon recommendation of City Administration and approval by City Council through a resolution. Should use or draw down occur, the City Administration shall establish a plan, no later than the end of the fiscal year following the year of decline, to restore the fund balance to the prescribed minimum level. The plan shall be presented to and approved by the City Council. Section 2. One-time Revenue Reserve. A One-time Revenue Reserve shall be established and maintained in the Contingency Fund. The One-time Revenue Reserve shall be credited annually with 10% of the prior year one-time revenues to the extent General Fund surplus for the year is sufficient to cover the reserve funding. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council through a resolution. Section 3. Self-insured Health Care Funds. The City shall maintain a reserve in each of its self-insured health care funds in an amount equal to 1.5 times, or 150%, of the actuarially determined IBNR (incurred but not reported) balance. Use of the reserve shall occur only upon recommendation by City Administration and approval by City Council through a resolution. Section 4. A report showing compliance with the Financial Reserve Policy shall be provided to the City Council on an annual basis, no later than July 1 of each year. Section 5. Repealer. Resolution No. 1861 is hereby repealed. 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 Dennis Robertson, Council President APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney W:\Word Processing\Reserve Policy revised strike-thru 10-30-17 SW:bjs 76 Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 Finance Committee Minutes November 7, 2017 ordinance and may be adjusted if the final allowable levy is less. Also included is an excess levy in the amount of $2,800,000 for debt service related to the Public Safety Plan unlimited tax obligation bonds sold at the end of 2016. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 13, 2017 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. D. 2017 Third Quarter Financial Report Staff presented the Committee with the City's 2017 3rd Quarter Financial Report which captures the general state of financial affairs and highlights significant items and trends. For the period ending September 30, 2017 revenues are below allocated budget by $1.3 million and expenditures are below budget by $4.18 million. Staff has purchased and is training on a long- range financial planning tool and will be demonstrating it to Council in 2018. FORWARD TO NOVEMBER 13, 2017 COMMITTEE OF THE WHOLE. E. Ordinance: Mid -Biennium Budget Amendment Staff is seeking Council approval of an ordinance to amend the 2017-2018 Biennial Budget. Staff provided an overview of the changes, categorized as existing service levels, revenue backed, carryovers, and initiatives. Staff also noted that these types of budget amendments are considered administrative and not legally required, but staff policy is to implement them for transparency, Council communication, and record-keeping. The only department requiring an existing service level budget amendment is the Fire Department, which the Committee had been briefed upon several times earlier this year. The Committee discussed at length the Fire Department's request for an amendment for partial payment of the pipeline positions. The City currently has five unbudgeted pipeline positions in anticipation of retirements, but 2017 saw just one retirement. The Fire Department can cover $360,000 of the total cost of $600,000 for the five pipelines and is requesting a budget amendment of $240,000. This money is available from under -expenditures in other departments. The Fire Department proposes to drop the pipeline positions down to three as the next two retirements occur. In addition, they are performing daily monitoring of overtime costs and conducting monthly budget review meetings. Chair Seal asked if level of fire service is still a Council policy decision. Staff confirmed that the current proposal reflects previous Council direction regarding the level of service that should be funded. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 13, 2017 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. F. Resolution: Financial Reserve Policy Staff is seeking Council approval of a resolution to revise the City's Financial Reserve Policy to *reflect recent changes in accounting standards. The Financial Reserve Policy outlines minimum fund balance, one-time revenues, and self-insurance reserve requirements. The proposed amendment will clarify that the effects of specific accounting standards will be excluded from the calculation of unrestricted fund balance. In 2015 the City was required to implement a new federal accounting standard for pension plans known as GASB 68. When the GASB 68 was booked in the Golf Course Fund, the unrestricted balanced dropped to 8%, which is below the required 20% of the previous year's revenues. The accounting entry for GASB 68 does not impact actual available fund balance. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. 77 78 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 11/13/17 VC 'j .:3 11/20/17 VCl;,4/C ❑ Resolution Mtg Date 1TL0 ❑ Bid Award Altg Date 11 Public Hearing ❑ Other Mtg Date Mtg Date MtgDate 11/20/17 Ally Date 11/13/17 SPONSOR Council ❑Mayor HR ❑DCD Fire ❑TS P&R Police ❑Pr ❑Court ITEM INFORMATION ITEM No. 4.F. 79 STAFF SPONSOR: VICKY CARLSEN ORIGINAL AG NNDA DA"1'h;: 11/13/17 AGENDA ITI?Ivi TITLE, Approve property tax ordinances for 2018 property tax levy. CATEGORY 11 Discussion 11/13/17 ❑ Motion A4tg Date ❑ Resolution Mtg Date I1 Ordinance ❑ Bid Award Altg Date 11 Public Hearing ❑ Other Mtg Date Mtg Date MtgDate 11/20/17 Ally Date 11/13/17 SPONSOR Council ❑Mayor HR ❑DCD Fire ❑TS P&R Police ❑Pr ❑Court 11 Finance SPONSOR'S The Council is being asked to approve two property tax ordinances for the 2018 property SUMMARY tax levy - one to authorize the levy and the second to approve an increase in the levy from the previous year. RE.VIFWI?ll BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/7/17 ►/ Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. CO MITINI? Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI:NDI'I'URE REQUIRI;1) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 11/1/17 Draft Ordinances Preliminary Levy Limit Worksheet 11/20/17 Final Ordinances 79 80 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2018, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has properly given notice of a public hearing held on November 13, 2017, pursuant to RCW 84.55.120; and WHEREAS, after such hearing and after duly considering all relevant evidence and testimony presented, the City Council has determined that in order to discharge its expected expenses and obligations the City requires an increase in property tax revenue from the previous year, in addition to the increase resulting from the addition of new construction and improvements to property and any increase in the value of State -assessed property; and WHEREAS, the City Council has determined it is in the City's best interest and necessary to meet its expenses and obligations for the property tax revenue to be increased for 2018, and the final assessed valuation calculation has been determined; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. An increase in the regular property tax levy, in addition to any amount resulting from the addition of new construction and improvements to property and any increase in the value of State -assessed property, is hereby authorized for the 2018 levy in the amount of $129,634, which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in the value of State -assessed property, any annexations that have occurred and refunds made. W: Word Processing\Ordinances\Regular Tax Levy Increase 10-16-17 VC:bjs Page 1 of 2 81 Section 2. 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 3. 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 4. 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 and effect January 1, 2018. 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: W: Word Processing\Ordinances\Regular Tax Levy Increase 10-16-17 VC:bjs 82 Page 2 of 2 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2018, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, WITH AN EXCESS PROPERTY TAX LEVY FOR THE PURPOSE OF PAYING DEBT SERVICE ON THE CITY'S UNLIMITED TAX GENERAL OBLIGATION BONDS ISSUED IN 2016, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated financial requirements for 2018 and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property; and WHEREAS, the following sentence is provided for information only: The maximum Statutory Levy Rate for the City of Tukwila, as allowed by RCW 84.52.043, is $3.825, which includes $0.225 for the Firemen's Pension Fund as allowed by RCW 41.16.060; and WHEREAS, the City, pursuant to Ordinance No. 2514, passed on November 21, 2016, authorized the issuance and sale of $36,500,000 principal amount of the City's Unlimited Tax General Obligation Bonds, 2016 (the "Bonds"); and has determined that to provide the money necessary to pay the debt service requirements on the Bonds in the year 2018, an excess property tax levy in the amount of $2,800,000 for the Bonds must be levied in year 2017, and collected in year 2018; and WHEREAS, the final assessed valuation calculation has been determined; W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-16-17.doc VC:bjs Page 1 of 3 83 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regular and Excess Tax Levy. A. There shall be and hereby is levied on all real, personal and utility property in the City of Tukwila, in King County, whose estimated assessed valuation is $6,044,327,455, current taxes for the ensuing year commencing January 2018, in the amounts specified below: Regular Tax Levy Excess Tax Levy Rate Amount $2.50 $15,300,000 $0.47 $ 2,800,000 B. The said taxes herein provided for are levied for the purpose of payment upon the general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of the departments of the municipal government of the City of Tukwila for the fiscal year beginning January 1, 2018. C. The excess levy is levied for the purpose of debt service payments on the unlimited tax obligation bonds sold to finance costs related to the City's Public Safety Plan, as submitted to the qualified electors of the City at a special election held on November 8, 2016. Section 2. Collection. This ordinance shall be certified to the proper County officials, as provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City of Tukwila at the time and in the manner provided by the laws of the State of Washington for the collection of taxes for non -chartered code cities. Section 3. 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 4. 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 5. 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 and effect January 1, 2018. W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-16-17.doc VC:bjs 84 Page 2 of 3 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: W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-16-17.doc VC:bjs Page 3 of 3 85 86 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review, Council review 11/13/17 VC OiV 01._ 11/20/17 VC /!tl/14L 'DLR ❑ Resolution Mtg Date // Ordinance ❑ Bid Award Altg Date // Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 11/20/17 Aitg Date 11/13/17 ITEM INFORMATION ITEM No. 4.G. 87 STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATI: 11/13/17 AGENDA ITEM TITLE Approve year-end 2017 budget amendment ordinance. CATIX;ORY /1 Discussion 11/13/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date // Ordinance ❑ Bid Award Altg Date // Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 11/20/17 Aitg Date 11/13/17 SPONSOR Council ❑Mayor ❑HR ❑DCD ❑_Fire TS P&R ❑Police ❑PlV ❑Court 11 Finance SPONSOR'S The Council is being asked to review and approve an ordinance amending the 2017-2018 SUMMARY biennial budget. REVIIAVIM BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DATE: 11/7/17 /1 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EYPFNDITURI': R1R UIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 11/1/17 (Updated after Finance Corn.) Draft Ordinance Reconciliation of 2017-2018 Budget Summary to Ordinance Info Memo - Fire Department Budget Update and Proposed Budget Amendment (HQuse Pring rhanaet made after 11/20/17 Final ordinance C_p w ) 87 88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2515, WHICH ADOPTED AND AMENDED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2017-2018 BIENNIUM, TO ADOPT AN AMENDED MID -BIENNIUM BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 5, 2016, the City Council of the City of Tukwila adopted Ordinance No. 2515, which adopted the 2017-2018 biennial budget of the City of Tukwila; and WHEREAS, a mid -biennium budget amendment was presented to the City Council in a timely manner for their review, in accordance with RCW 35A.34.130; and WHEREAS, on November 13, 2017, following required public notification, the City Council conducted a public hearing on the proposed mid -biennium budget amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2515 is hereby amended with the City Council's adoption of the document entitled "City of Tukwila 2017-2018 Mid - Biennium Budget Amendment," attached hereto and incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.33.075. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: FUND EXPENDITURES REVENUES 000 General $142,679,203 $142,679,203 105 Contingency $5,894,563 $5,894,563 104 Arterial Street $39,473,923 $39,473,923 2XX Debt Service $9,922,528 $12,272,528 $9,922,528 312,272,528 302 Facility Replacement/Urban Renewal $7,921,906 $14206 $7,921.906 305 Public Safety Plan $25,160,000 $25,160,000 306 City Facilities (Public Works Shops) $29,913,000 $29,913,000 W: Word Processing\Ordinances\Budget amendment -2017-2018 mid -biennium strike-thru 11-16-17 VC:bjs Page 1 of 2 89 Section 3. Copies on File. A complete copy of the amended budget for 2017-2018, as adopted, together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. 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 5. 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 6. 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 and effect 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 , 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: Attachment: City of Tukwila 2017-2018 Mid -Biennium Budget Amendment W: Word Processing\Ordinances\Budget amendment -2017-2018 mid -biennium strike-thru 11-16-17 VC:bjs 90 Page 2 of 2 Exhibit A 2017-18 Mid -Biennium Budget Amendment Detail -- Spreadsheet Ref Dept. Sponsor Explanation 2017 Increase (Decrease) Expense Revenue Effect on EFB 2018 Increase (Decrease) Expense Revenue Effect on EFB GENERAL FUND POLICE DEPARTMENT Category 2 - Revenue Backed 2.671 3,000 5,000 7,500 18,171 2,671 - 3,000 - 5,000 - 5,000 (2,500) 15,671 (2,500) 3.000 7,500 10,500 3,000 5,000 (2,500) 8,000 (2,500) 1 PD Richardso 'Grant funded temporary FTE to maintain level of service n in the Police Records Unit. Grant was approved by 240,000 (240,000) 86,029 77,426 (8 603) Council at the October 23, 2017 special meeting. (120,000) - 120,000 -- 30,000 - (30,000) Community Development Total Police Department Total -- - 86,029 77,426 (8,603) FIRE DEPARTMENT Category 1 - Existing Service Levels or Plans 2.671 3,000 5,000 7,500 18,171 2,671 - 3,000 - 5,000 - 5,000 (2,500) 15,671 (2,500) 3.000 7,500 10,500 3,000 5,000 (2,500) 8,000 (2,500) 2 FD Carlsen Funding to cover costs associated with two additional pipeline positions approved by Council at the July 5, 240,000 (240,000) 240,000 (240,000) 2016 meeting. (120,000) - 120,000 -- 30,000 - (30,000) Community Development Total Category 2 - Revenue Backed -- - - - 3 FD Cartsen Firefighter deployment to assist with recovery efforts from hurricanes in Texas and Florida. Information on the deployment was presented to Council at the October 23, 125,000 125,000 - 2017 C.O.W. meeting. 4 FD Cartsen Expenses related providing emergency medical services. The City was able to receive an additional $35 thousand in reimbursement for incurred costs. 35,000 35,000 - Fire Department Total 400,000 160,000 (240,000) 240,000 - (240,000) FINANCE Category 1 - Existing Service Levels or Plans 2.671 3,000 5,000 7,500 18,171 2,671 - 3,000 - 5,000 - 5,000 (2,500) 15,671 (2,500) 3.000 7,500 10,500 3,000 5,000 (2,500) 8,000 (2,500) 5 Finance Cartsen Due to lower than anticipated expenditures related to risk management, budget of $120 thousand can be transferred to Fire. (120,000) (240,000) (120,000) (240,000) Finance Total (120,000) - 120,000 -- COMMUNITY DEVELOPMENT Category 1 - Existing Service Levels or Plans 2.671 3,000 5,000 7,500 18,171 2,671 - 3,000 - 5,000 - 5,000 (2,500) 15,671 (2,500) 3.000 7,500 10,500 3,000 5,000 (2,500) 8,000 (2,500) 6 DCD Cartsen Due to vacancies, salaries and benefits are lower than expected. Budget of $120 thousand can be transferred to Fire. (120,000) (240,000) (240,000) (60.0001 Council Total 30,000 - (30,000) Community Development Total (120,000) - 120,000 -- MAYOR Category 2 - Revenue Backed 2.671 3,000 5,000 7,500 18,171 2,671 - 3,000 - 5,000 - 5,000 (2,500) 15,671 (2,500) 3.000 7,500 10,500 3,000 5,000 (2,500) 8,000 (2,500) Parks & Recreation Total 7 Mayor Speck Port of Seattle grant to create marketing materials for business development and attraction. Resolution 1888 was approved on August 15, 2016 supporting the City's efforts to obtain this grant. 16,500 16,500 (240,000) (60.0001 Council Total 30,000 - (30,000) Mayor Total 16,500 16,500 - - - - PARKS 8 RECREATION Category 2 - Revenue Backed 8 Rec 'Gallaway Wilderness Explorers grant to support Camp Tukwilly. 9 Rec •Gallaway United Way grant to support summer playground sites. 10 Rec Gallaway World Vision MOU to support 2017 Youth Action day. 11 Rec Gallaway At -Risk Afterschool Meals program, and is part of the •Child and Adult Food Program. When budget was drafted, $4,000 in revenue was budgeted expected revenue is not $9,000 each year. Only $1,500 in expenditures was budgeted but total funds to be spent is •expected to be $9,000. 2.671 3,000 5,000 7,500 18,171 2,671 - 3,000 - 5,000 - 5,000 (2,500) 15,671 (2,500) 3.000 7,500 10,500 3,000 5,000 (2,500) 8,000 (2,500) Parks & Recreation Total COUNCIL Category 4 - Initiatives 12 Humphrey Steve Goldblatt Quality Assurance for Public Safety Plan. This contract was approved at the June 26, 2017 special meeting and per discussion at the May 8, 2017 Committee of the Whole, funding is to come from 2016 ending fund balance. The contract extends through December 31, 2021 in an amount not to exceed $250,000. 30,000 (30,000) 60,000 (60.0001 Council Total 30,000 - (30,000) 60,000 - (60,000) 11/8/201r105 AM Exhibit A 2017-18 Mid -Biennium Budget Amendment Detail -- Spreadsheet 2017 Increase (Decrease) 2018 Increase (Decrease) Ref Dept. Sponsor Explanation Expense TRANSFERS, REVENUE & OTHER Revenue Effect on EFB Expense Revenue Effect on EFB Category 1 - Existing Service Levels or Plans 14 Cadsen iExpenditures associated with the PW Works Shops 'facility. The budget was drafted to include bond ;proceeds, however, bonds will not be sold until at least :2018. An operating transfer is necessary to cover 2017 ;costs until bonds are sold. 15 Carlsen Transfer 10% of previous year one-time revenue (construction sales tax) to Contingency fund per Reserve Policy. Transferred funds will come from beginning fund balance 210,000 (210,000) 138,515 (138,515) Transfers, Revenue & Other Total 348,515 (348,515) Total General Fund 000 813,186 192,171 (621,015) 396,529 85,426 (311,103) 92 11/8/2017 11.05 AM Exhibit A 2017-18 Mid -Biennium Budget Amendment Detail -- Spreadsheet CONTINGENCY FUND 105 Category 1 - Existing Service Levels or Plans 16 Fin Cadsen Transfer 10% of previous year one-time revenue (construction sales tax) to Contingency fund per Reserve Policy. Total Contingency Fund 105 138,515 138,515 138,515 138,515 HOTEL/MOTEL FUND 101 Category 1 - Existing Service Levels or Plans 17 Fin 'Cadsen 'True up budget in 2017 and 2018 as approved by Council at the June 20, 2016 regular meeting and as recorded in the 2017-20018 biennial budget document. Total Hotel/Motel Fund 101 281,800 (281,800) 281,800 213,586 (281,800) 213,586 (213,586) (213,586) DRUG SEIZURE FUND 109 Category 4 - Initiatives 18 Police Mitchell True up budget to account for costs of Axon body camera program approved by Council at the July 17, 2017 regular meeting. 380,000 (380,000) 200,000 2017 Increase (Decrease) 2018 Increase (Decrease) Ref Dept. Sponsor Explanation Expense Revenue Effect on EFB Expense Revenue Effect on EFB CONTINGENCY FUND 105 Category 1 - Existing Service Levels or Plans 16 Fin Cadsen Transfer 10% of previous year one-time revenue (construction sales tax) to Contingency fund per Reserve Policy. Total Contingency Fund 105 138,515 138,515 138,515 138,515 HOTEL/MOTEL FUND 101 Category 1 - Existing Service Levels or Plans 17 Fin 'Cadsen 'True up budget in 2017 and 2018 as approved by Council at the June 20, 2016 regular meeting and as recorded in the 2017-20018 biennial budget document. Total Hotel/Motel Fund 101 281,800 (281,800) 281,800 213,586 (281,800) 213,586 (213,586) (213,586) DRUG SEIZURE FUND 109 Category 4 - Initiatives 18 Police Mitchell True up budget to account for costs of Axon body camera program approved by Council at the July 17, 2017 regular meeting. 380,000 (380,000) 200,000 (200,000) Total Drug Seizure Fund 109 380,000 - (380,000) 200,000 - (200,000) RESIDENTIAL STREET FUND 103 Category 3 - Carryovers 19 Fin Labanara '42nd Ave S project. Carry forward into 2018 as this project spans more than one year. 20 Fin Labanara ',53rd Ave S project. Carry forward into 2018 as this project spans more than one year. (2,000,000) (3,800,000) 2,000,000 3,800,000 2,000,000 3,800,000 (2,000,000) (3,800,000) Total Residential Street (5,800,000)- 5,800,000 5,800,000 - (5,800,000) ARTERIAL STREET FUND 104 Category 3 - Carryovers & Reclassifications 21 Fin Labanara Boeing Access Road Bridge Rehab project. Carry forward into 2018 as the project spans more than one year. 22 Fin Labanara Strander Blvd Extension project. Carryforward into 2018 as this project spans more than one year. (9,900,000) (2,400,000) (9,000,000) 900,000 (2,000,000) 400,000 9,900,000 2,400,000 9,000,000 (9,900,000) 2,000,000 (2,400,000) Total Arterial Street (12,300,000) (11,000,000) 1,300,000 12,300,000 11,000,000 (1,300,000) LAND ACQUISITION FUND 301 Category 4 - Initiatives 23 Still Land acquisition as authorized by Council at the October 16, 2017 regular meeting. 2,000,000 (2,000,000) 500,000 (500,000) Total Land Acquisition Fund 301 2,000,000- (2,000,000) 500,000 - (500,000) PUBLIC SAFETY PLAN FUND 305 Category 3 - Carryovers & Reclassifications 24 Cadsen Transfer in impact fee revenue collected to date from the Fire Impact Fee fund. 25 Wittwer Adjust budget to reflect purchasing the ladder and other ,equipment in 2018 rather than 2019 as originally 1,017,000 1,017.000 2,245,000 (2,245,000) Total Public Safety Plan Fund 305 - 1,017,000 1,017,000 2,245,000 - (2,245,000) CITY FACILITIES (PW SHOPS) FUND 306 Category 1 - Existing Service Levels or Plans 26 Carisen Expenditures associated with the PW Works Shops facility. The budget was drafted to include bond proceeds. Bonds will not be sold until at least 2018. an operating transfer is necessary to cover 2017 costs. 420,000 420,000 Total City Facilities (PW Shops) Fund 306 - 420,000 420,000 - - - 11/8/201gijl5 AM Exhibit A 2017-18 Mid -Biennium Budget Amendment Detail -- Spreadsheet 94 11/16/2017 2:43 PM 2017 Increase (Decrease) 2018 Increase (Decrease) Ref Dept. Sponsor Explanation Expense Revenue Effect on EFB Expense Revenue Effect on EFB URBAN RENEWAL FUND 302 Category 1 - Existing Service Levels or Plans 2-7 'Iii- •:e - - 2,360,000 2,350,000 - - - - - _ - _ _ _ -•o (250,000) (250,000) I I 8. =- - 27 [. ianchi TGregor House property was budgeted to be sold in 2017. I Rather than selling the property, it has now been proposed to enter into a long-term lease. Total Urban Renewal Fund 302 - (250,000) (250,000) - - - I FIRE EQUIPMENT FUND 304 Category 3 - Carryovers & Reclassifications (1.017,000) 28 I ICarlsen (Transfer impact fee revenue collected to date to the I I i Public Safety Plan fund. 1,017,000 Total Fire Equipment Fund 304 1,017,000 - (1,017,000) - - - LID FUND 233 Category 1 - Existing Service Levels or Plans 29 I Fin Carlsen (Adjust LID principal payments to account for additional ;assessment revenue. Revenue was received in 2016, assessment was paid in January 2017. 146,000 (146,000) 200,000 (200 000) Total LID Fund 233 146,000 - (146,000) 200,000 - (200,000) WATER FUND 401 Category 1 - Existing Service Levels or Plans 30 1 Fin 'Cadsen Expenditures associated with the PW Works Shops I I ;facility. The budget was drafted to include bond proceeds. However, bonds will not be sold until at least I I 12018. an operating transfer is necessary to cover 2017 costa 70,000 (70,000) Total Water Fund 401 70,000 - (70,000) - - - SEWER FUND 402 Category 1 - Existing Service Levels or Plans 31 Fin Carlsen Expenditures associated with the PW Works Shops ,facility. The budget was drafted to include bond !proceeds. However, bonds will not be sold until at least 12018. an operating transfer is necessary to cover 2017 costs, 70,000 (70,000) Total Sewer Fund 402 70,000 - (70,000) - - - SURFACE WATER FUND 412 Category 3 - Carryovers & Reclassifications 32 T Fin rCarlsen • Gillam Creek 42nd Ave S Surface Water project to cover I II - ,increase in construction costs. This is only an estimate 1 I !at this time. 33! Fin 'To—arisen T,Expenditures associated with the PW Works Shops I I ifacility. The budget was drafted to include bond I !proceeds. However, bonds will not be sold until at least i 2018. an operating transfer is necessary to cover 2017 rnctc - 70,000 - (70,000) 1,000.000 (1,000,000) Total Surface Water Fund 412 70,000 - (70,000) 1,000,000 - (1,000,000) LIMITED TAX GENERAL OBLIGATION (LTGO) FUNDS 2XX Category 1 - Existing Service Levels or Plans 34 Fin ,McCarthy . Pay off line of credit with new, 5 -year debt. The current 2,350 000 2,350.000 - 6,578,921 6,578,921 3,343,607 3,343,607 I I line of credit with Bank of the West is budgeted to be 2018. 35 Fin Carlsen To streamline CAFR Com rehensive Annual Financial Fin I ! ReCombine all LLTGO debt service fund I !budgets into one fund to streamline CAFR reporting. I I I Details on individual debt issues will still be maintained I I (for administrative purposes. This change will not affect ;any voter approved debt issues or the two debt funds associated with Local Improvement District #33. i Total Limited Tax General Obligations 2XX 3,343,607 3,343,607 - 6,578,921 6,578,921 - 94 11/16/2017 2:43 PM COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review- Council review 11/13/17 RB LQ -ZU? 11/20/17 RB ,/7 C— 1.)1-: ❑ Public Hearing Mtg Date ❑ Other Mtg Date CAT1a3ORY /1 Discussion 0 Mtg Date Mtg SPONSOR ❑Council ❑HR ❑DCD ❑.Finance Fire ITS P&R ❑Police ❑PIV ❑Court ITEM INFORMATION ITEM No. 4.H. 95 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DAPE: 11/13/17 AGENDA ITEM TITLE Due diligence contracts for the Public Safety Plan 11/13/17 Motion Date 11/20/17 ❑ Resolution Ally Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CAT1a3ORY /1 Discussion 0 Mtg Date Mtg SPONSOR ❑Council ❑HR ❑DCD ❑.Finance Fire ITS P&R ❑Police ❑PIV ❑Court 11 Mayor SPONSOR'S Authorize the Mayor to sign environmental, geotech and survey contracts for services SUMMARY associated with the Public Safety Plan. REviEwi D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 11/6/17 COMMITTEE CHAIR: MCLEOD 4 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONsoR/ADMIN. COMMITTEE Mayor's Office Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $229,337 $ $229,337 Fund Source: PUBLIC SAFETY BONDS, GENERAL AND ENTERPRISE FUNDS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/31/17 (Updated after PS Com.) Contracts 11/20/17 No attachments 95 96 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mgjiifyjew Council review 11/13/17 RB -construction contract for General Contractor Construction Management for the Public Safety Plan fire stations. ---)L 11/20/17 RB /!(C 1._ ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion /1 Mtg Date Mtg SPONSOR Council ❑FIR ❑DCD ❑Finance 1-7 ire ❑TS ❑P&R ❑Police ❑PJV ❑Court ITEM INFORMATION ITEM No. 4.1. 97 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGI?NDA DA'I'I?: 011/13/17 AGENDA ITEM TITLE A pre (GC/CM) -construction contract for General Contractor Construction Management for the Public Safety Plan fire stations. 11/13/17 Motion Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance At Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion /1 Mtg Date Mtg SPONSOR Council ❑FIR ❑DCD ❑Finance 1-7 ire ❑TS ❑P&R ❑Police ❑PJV ❑Court ►1 Mayor SPONSOR'S The Council is being asked to approve a contract with Lydig for preconstruction services SUMMARY associated with the construction of three new fire stations. The contract is not to exceed $372,000. RI?VIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: 11/6/17 COMMITTEE CHAIR: MCLEOD /1 Public Safety Comm. ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMI'Fml Mayor's Office Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $372,000 $$372,000 $$372,000 Fund Source: PUBLIC SAFETY BONDS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/31/17 Draft Contract GCCM Request for Proposals No attachments 11/20/17 97 98 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/13/17 RB , bL,� 11/20/17 RB /1'7 'D 1_F ❑ Other Mtg Date C.\T1 GORY r Discussion // Resolution Mtg Date Mtg Date 11/20/17 SPONSOR ❑Council HR DCD Finance ❑Fire TS ❑Pe7R ❑Police ❑PTV ❑Court ►1Mayor ITEM INFORMATION ITEM No. 4.J. 99 STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 11/13/17 AGrND,\ ITEM Trl'I.E A resolution adopting the 2018 State Legislative Agenda 11/13/17 ❑ Motion Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date C.\T1 GORY r Discussion // Resolution Mtg Date Mtg Date 11/20/17 SPONSOR ❑Council HR DCD Finance ❑Fire TS ❑Pe7R ❑Police ❑PTV ❑Court ►1Mayor SPONSOR'S Council is being asked to adopt the city's legislative agenda for the 2018 session. SUMMARY Rrv11Mil M BY ❑ C.O.W. Mtg. ❑ Trans &Infrastructure DATE: 11/6 /1 CDN Comm ❑ Finance Comm. ❑ Parks Comm. COMMITTEE CHAIR: MCLEOD ' Public Safety Comm. ❑ Arts Comm. & 11/13 ❑ Planning Comm. & HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/17 Forward to Regular Meeting MTG. DATE ATTACHMENTS 11/13/17 Informational Memorandum dated 10/31/17 (Updated after 11/6 PS) Proposed 2018 Legislative Agenda Resolution 11/20/17 Resolution 99 100 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2018 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2018; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Regular City Council Meeting on November 20, 2017; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2018 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2018 Legislative Agenda is hereby incorporated by reference as Attachment A. 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 Dennis Robertson, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A: City of Tukwila 2018 Legislative Agenda W:\Word Processing\Resolutions\Legislative Agenda for 2018 10-31-17 RB:bjs Page 1 of 1 101 ATTACHMENT A City of Tukwila 2018 Legislative Agenda Transportation & Infrastructure • Join the US DOT, Freight Mobility Strategic Investment Board, the City of Tukwila and other partners to fund the Strander Extension project to increase freight mobility and remove 55,000 vehicles a day from 1-405, 167 and other nearby roadways. • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development. Housing & Human Services • Provide future stable funding for homelessness by eliminating the sunset and increasing the document recording fee. • Create new local options to generate revenue for housing and human services and for capital construction of affordable housing. • We strongly encourage the state to adequately fund human services programs for the health of the safety net. Shared Revenue • The State must continue its role as a partner with cities. • In addition, the state must retain the local share of liquor taxes to allow jurisdictions to address impacts, such as public safety, of privatized liquor in our cities. Streamlined Sales Tax Mitigation • Jurisdictions significantly and adversely impacted by the sunset of streamlined sales tax mitigation payments must be made whole. • Department of Revenue's sales tax projections appear to be inflated and indicate significant loss of revenue for the City of Tukwila, which currently receives $1.1 million annually in mitigation payments. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Education • Implement needs based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL student and incorporate early learning for low income students as a part of Basic Education. • Continue to monitor outcomes of the McCleary decision and funding identified in the 2017 legislative session to ensure Tukwila students benefit. Law Enforcement • Increase funding for law enforcement training to ensure that all police officers have access to key resources that save lives. Preserve Lodging Tax Flexibility • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. 102 COUNCIL AGENDA SYNOPSIS Initiate Meeting Date Prepared by M,a� or' review Council review 11/20/17 VL it`( 7' C i- L g ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date ►1 Mtg SPONSOR ❑Council ❑Mayor Finan •e Fire TS P&R Police ❑PlV ❑Court ❑FIR ►1DCD SPONSOR'S Washington State Department of Transportation (WSDOT) awarded grant funds to the City SUMMARY of Tukwila to implement a pilot program at SeaTac Airport to reduce regional congestion and improve air quality in Tukwila and South King County and reduce parking demand at regional park and rides through a non-traditional commute trip reduction program. The Council is being asked to accept the grant. REVTI;WI;D B1' ITEM INFORMATION ITEM No. 4.K. 103 STAN SPONSOR: VALERIE LONNEMAN ORIGINAL AGENDA DATE: 11/20/17 AGENDA Ill 1\1 TITLE WSDOT Program Grant Awarded for Non -Traditional Commute Trip Reduction (CTR) Pilot 2017-2019 C\II:GORY ❑ Discussion Mtg Date Motion Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date ►1 Mtg SPONSOR ❑Council ❑Mayor Finan •e Fire TS P&R Police ❑PlV ❑Court ❑FIR ►1DCD SPONSOR'S Washington State Department of Transportation (WSDOT) awarded grant funds to the City SUMMARY of Tukwila to implement a pilot program at SeaTac Airport to reduce regional congestion and improve air quality in Tukwila and South King County and reduce parking demand at regional park and rides through a non-traditional commute trip reduction program. The Council is being asked to accept the grant. REVTI;WI;D B1' ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KRULLER Trans &Infrastructure DATE: 11/14/17 RECOMMENDATIONS: SPONSOR/ADMIN. COMMrrrEI: Department of Community Development Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPI?NDITURI? REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $107,000 $0 Fund Source: GRANT Comments: No impact to the general fund MTG. DATE RECORD OF COUNCIL ACTION 11/20/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum dated 11/9/17 (with attachment) Minutes from the Transportation and Infrastructure Committee meeting of 11/14/17 103 104 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Jack Pace, DCD Director BY: Maggi Lubov, CTR Coordinator Valerie Lonneman, TDM Coordinator CC: Mayor Ekberg DATE: November 9, 2017 SUBJECT: WSDOT Grant Awarded for Non -Traditional Commute Trip Reduction (CTR) Pilot Program 2017-2019 ISSUE Washington State Department of Transportation (WSDOT) awarded grant funds to the City of Tukwila to implement a pilot program to reduce regional congestion and improve air quality in Tukwila and South King County. The question before the Council is should the City accept the grant? BACKGROUND WSDOT announced a funding opportunity to pilot the expansion of Transportation Demand Management (TDM) programs beyond traditional CTR affected sites into new markets for trip reduction. TDM Program staff applied for the grant in August 2017. The City of Tukwila was one of two recipients selected to receive this competitive statewide grant. DISCUSSION The pilot project will have regional impact by encouraging employees at SeaTac Airport to reduce drive -alone trips, thereby decreasing congestion in Tukwila and surrounding communities, improving air quality in the SeaTac Airport travel -shed (1-5, 1-405, SR 518, SR 99), and reducing the demand for parking at nearby park and ride stations, including the Tukwila International Boulevard Station. The implementation will include use of a new ridesharing/trip logging platform, which will provide an optimized end-user experience, with the goal of engaging more employees in commute challenges. FINANCIAL IMPACT There is no impact to the general fund. WSDOT awarded the City of Tukwila $107,000 to implement the pilot project. Partners King County Metro and the Port of Seattle will provide a combined local match of $25,000. The grant funding leverages other TDM Program grants, allowing for more robust implementation, and contributes to sustaining the Program's expanded staffing capacity. RECOMMENDATION The Council is being asked to accept the WSDOT grant award for the Transportation Demand Management Program in the amount of $107,000 and consider this item on the Consent Agenda at the November 20, 2017 Regular Meeting. ATTACHMENTS Attachment A: WSDOT Grant Award Letter for Non -Traditional Commute Trip Reduction (CTR) Pilot Program 2017-2019 105 106 � Washington State Department of Transportation September 22, 2017 Valerie Lonneman, TDM Coordinator City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Transportation Building 310 Maple ParK Avenue S.E. P.O. Box 47300 Olympia. WA 08504-7300 360-705.7000 flY: 1-600-833-6388 www.wsdot.wa.gov Subject: 2017-2019 Non -Traditional Commute Trip Reduction (CTR) Pilot Program Dear Ms. Lonneman: WSDOT is pleased to announce your 2017-2019 Pilot Program award. Using new state funding approved by the 2017 Legislature, this year's awards will support two innovative projects. Congratulations! The information below reflects the funding awarded for your project submitted in August 2017. Project Sea -Tac Airport Transportation Demand Management Program (TDM) $107,000 2017-2019 Award This award letter serves as pre -award authority. Funds are reimbursable for grant -related activities beginning September 22, 2017. Your primary contact and project manager for this award throughout the life of the grant is Keith Cotton who can be reached at 360-970-1796 or cottonk@wsdot.wa.gov. Keith will contact you soon to assist with development of your project's scope, schedule and budget, and the next steps for executing your contract(s). Methodology for determining your grant award An independent review panel created a ranked list of projects by evaluating applications on the transportation needs identified, measurable benefits, vehicle miles travelled and vehicle trip reduction, trip markets addressed, techniques transferability and replicability, impact on transportation system and readiness to proceed. Congratulations! If you need assistance, please contact Keith. We look forward to finalizing your grant agreement and funding your project so that you can provide valuable services in your community. Sincerely, Don Chartock, Grants and Community Partnerships Manager Public Transportation Division cc: Keith Cotton, WSDOT Nicole Patrick, WSDOT 107 108 1 Transportation & Infrastructure Committee Minutes November 14, 2017 stormwater modeling and extend the contract expiration date to April 30, 2019. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. E. Grant Acceptance: Non -Transportation Commute Trip Reduction Pilot Program Staff is seeking Council approval of a grant award with WSDOT in the amount of $107,000 to *implement a pilot program to reduce regional congestion and improve air quality in Tukwila and South King County. The funding opportunity was designed to pilot the expansion of Transportation Demand Management (TDM) programs beyond traditional Commute Trip Reduction (CTR) affected sites into new markets. King County Metro and the Port of Seattle are providing the required $25,000 local match. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. F. Tukwila International Boulevard Retrofit Implementation Staff updated the Committee on implementation of the community's vision for the Tukwila International Boulevard (TIB) neighborhood and the Congress for New Urbanism (CNU's) recommended action on a rechannelization design. The CNU report suggested that the City change the street design to reduce through -lanes to two from four, allowing on -street parking and bicycle lanes and adding crosswalks. The City contracted with Fehr & Peers to study the impacts associated with the lane removal and potential mitigation. The study found that at least 50% of existing traffic is pass through and unrelated to local business or residences. Traffic diversion will occur on adjacent streets in the order of 42nd Avenue South, Military Road South, 1-5, Des Moines Memorial Drive South, and 51St Avenue South/Macadam Road. By 2030, traffic would increase by 20% under the road diet scenario. The study also found that typical traffic calming measures on side streets would not be effective in preventing the traffic diversion, but intersection diverters or short one- way segments could help. KPG, Inc. prepared three preliminary design options and cost estimates that all include removal of the two lanes plus parking and a bicycle lane. Alternative 1 would add bulb -outs at mid -block pedestrian crossings at a cost of $1,130,000, Alternative 2 would only restripe at a cost of $250-400,000, and Alternative 3 would add crosswalks and bulb -outs at intersections at a cost of $1,270,000. Staff recommends implementing Alternative 2 because it is a low-cost option to help staff evaluate traffic impacts prior to further investment. The Committee discussed the study's findings. Councilmember Robertson suggested diverting traffic further south down by South 130th Street in order to avoid a traffic increase on 42nd Ave S. Councilmember Quinn suggested painting zones and increasing Police speed enforcement, like in Bellevue. He stressed the importance of protecting the residential streets. The Committee did not arrive at a recommendation but requested staff return in 2018 at the Committee level to continue discussing the options. NO RECOMMENDATION. RETURN TO COMMITTEE. G. Final Construction Settlement: Interurban Avenue South Staff is seeking Council approval of a final settlement and Change Order No. 9 with Walsh Construction in the amount of $1,081,259.15 for the Interurban Avenue South Project. Walsh has asserted that the project encountered unexpected impacts and has sought additional compensation, which the City disputed. The parties have been in mediation since June 2017 and this settlement represents the agreed upon terms. Funding for this settlement is aided by an additional $750,000 from the State Transportation Improvement Board and $35,000 in traffic impact fees. With a final contract amount of $8,917,921.31, the City's overage is $165,000. The Committee requested that staff amend the informational memo to clearly show where the $165,000 109 110 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/20/17 RT L �Di,9 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mfg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ►1 PW SPONSOR'S Council is being asked to approve the design consultant agreement with Carollo Engineers SUMNL'\RY for the Martin Luther King Jr Way S Water Main Replacement Project. Carollo Engineers was selected from five consulting firms. This project will replace/repair the 12" watermain along Martin Luther King Jr Way South. Council is being asked to approve the Carollo Engineers design consultant agreement for $69,967.00. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMITTEE CHAIR: 0 Transportation Cmte ❑ Planning Comm. DE'SEAN QUINN (ACTING) ITEM INFORMATION ITEM No. 41. CAS NUMBER: STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL AGENDA DATE: 11/20/17 AGENDA ITEM TITLE Martin Luther King Jr Way S Water Main Design Consultant Agreement with Carollo Engineers CATEGORY ❑ Discussion Mtg Date 1 Motion Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mfg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ►1 PW SPONSOR'S Council is being asked to approve the design consultant agreement with Carollo Engineers SUMNL'\RY for the Martin Luther King Jr Way S Water Main Replacement Project. Carollo Engineers was selected from five consulting firms. This project will replace/repair the 12" watermain along Martin Luther King Jr Way South. Council is being asked to approve the Carollo Engineers design consultant agreement for $69,967.00. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMITTEE CHAIR: 0 Transportation Cmte ❑ Planning Comm. DE'SEAN QUINN (ACTING) RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $69,967.00 $70,000.00 $0.00 Fund Source: 401 WATER FUND (PAGE 69, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/20/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum dated 11/09/17 Consultant Rating Sheet page 69, 2017 CIP Carollo Engineers' Consultant Agreement Minutes from the Transportation & Infrastructure Committee meeting of 11/14/17 111 112 City of Tukwila Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, Acting Public Works Director BY: Mike Cusick, Senior Program Manager CC: Mayor Ekberg DATE: November 9, 2017 SUBJECT: Martin Luther Kina Jr Way S Water Main Project No. 90640102 Design Consultant Selection and Agreement Allan Ekberg, Mayor ISSUE Approve Carollo Engineers for the design of the Martin Luther King (MLK) Way S Water Main Project. BACKGROUND During the construction of Sound Transit's light rail along MLK Way S, the existing 12" D.I.P. watermain was found to be heavily covered in corrosion and in need of being replaced or relined. ANALYSIS & FISCAL IMPACT The City invited Requests for Professional Qualifications from five consulting firms that were listed in the Municipal Research and Services Center's Consultant Roster. Only two RPQ's were received for the project from Carollo Engineers and PACE Engineers. After reviewing the RPQ'S, Carollo Engineers was selected to design the MLK Way S Water Main Project. Carollo Engineers has completed other design projects for the City and their work has been satisfactory. Consultant Design Agreement Budget Martin Luther King Jr. Way S Water Main Design $ 69,967.00 $ 70,000.00 RECOMMENDATION Council is being asked to approve the consultant agreement with Carollo Engineers for the design of the Martin Luther King Jr. Way S Water Main Project in the amount of $69,967.00 and consider this item on the Consent Agenda at the November 20, 2017 Regular Meeting. Attachments: Consultant Rating Sheet Page 69, 2017 CIP Consultant Agreement with Scope of Work W:\PW Eng \ PROJECTS \A- WT Projects\MLK WATERLINE (90640102)\ Info Memo MLK Water Main 110917 SM.docx 113 114 12 -Jun -17 MLK WATER LINE CONSULTANT SELLECTION Mike Cusick 01 Carollo is selected for the project. No response No response No response 10 10 10 10 10 10 Carollo 10 9 9 9 9 9 55 1 Pace 9 9 9 9 9 9 54 2 RH2 0 0 0 0 0 0 0 0 Parametrix 0 0 0 0 0 0 0 0 OTAK 0 0 0 0 0 0 0 0 Carollo is selected for the project. No response No response No response CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Martin Luther King Jr Way S Water Main Project No. 90640102 DESCRIPTION: Design and construct replacement of 800 LF of 12" water line and hydrants. During the construction of Sound Transit light rail along Martin Luther King Jr Way South, the existing JUSTIFICATION: 12" D.I.P. waterline was found to be heavily covered with corrosion. STATUS: Design will begin in 2017 with construction in 2018. MAINT. IMPACT: A relined pipe will reduce the risk of failure. COMMENT: Project will require a franchise agreement with WSDOT for existing waterline located in WSDOT right-of-way. FINANCIAL Through Estimated (in $000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Project L ocation , _ . 5 �'i v NSS l c � Boel c \ s3) F ``' A % i.;/.S1 Design 1 tl, 2St 70 iY • 71 Land (R/VV) Q 5 1 1i . St l �[y 6 A D D 6 pp4 1111111k eeeee 0 Const. Mgmt. I 40 40 Sa25 t 0 _,,,,,8 ' '1 [s - i ase 80 Construction 273 116 389 TOTAL EXPENSES 1 0 70 313 156 0 0 0 0 540 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 1 0 70 313 156 0 0 0 0 540 TOTAL SOURCES 1 0 70 313 156 0 0 0 0 540 2017 - 2022 Capital Improvement Program 116 69 Project L ocation , _ . 5 �'i v NSS l c � Boel c \ s3) F ``' A % i.;/.S1 tl, 2St D _. D m D iY • -� Ii all, Q 5 1 1i . St l �[y 6 A D D 6 pp4 1111111k eeeee O I 6 i !,, 512$.SLn co N S 12 ` Sa25 t 0 _,,,,,8 ' '1 [s - i ase _.\ EMI 2017 - 2022 Capital Improvement Program 116 69 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Carollo Engineers, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering services in connection with the project titled Martin Luther King Jr. Way South Water Main. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending , unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than January 31, 2018 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $69,967 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 117 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, to the extent caused by the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised : 1-2013 118 Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price orr consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,. veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA revised : 1-2013 Page 3 119 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Carollo Engineers, Inc. 1218 Third Avenue, Suite 1600 Seattle, WA 98101 18. The Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, the Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than the Consultant's subconsultants, that impact project completion and/or success. 19. Third Parties. The services to be performed by the Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Consultant's performance of its services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Consultant's services hereunder. CA revised : 1-2013 120 Page 4 20. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised : 1-2013 Page 5 121 DATED this day of , 20 CITY OF TUKWILA Allan Ekberg, Mayor CONSULTANT Printed Name: ' J. Waligorski, P.E. Titl As •ciate Vice President By: Printed Name: Brian R. Matson, P.E. Title: Senior Vice President Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1-2013 122 Page 6 EXHIBIT A SCOPE OF SERVICES ENGINEERING SERVICES FOR THE CITY OF TUKWILA DESIGN OF THE MLK WATER MAIN REPLACEMENT PROJECT SCOPE OF SERVICES The following Scope of Services has been developed to assist the City of Tukwila (City) with the design and construction of the MLK Water Main Replacement Project. The following tasks under this Scope of Services has been prepared based on Carollo Engineers' (Consultant) current understanding of the proposed project, previous efforts by the Consultant team members on other water projects, and discussions with City staff. PROJECT BACKGROUND The City of Tukwila (City) is replacing approximately 800 feet of 12 -inch ductile iron water main along Martin Luther King Jr. Way South (MLK) from South Boeing Access Road to the Seattle City boundary. The dead-end water main serves customers and hydrants along MLK before turning west on South 104th Place. As such, water service will need to be maintained during construction. The overlaying roadway and sidewalks are concrete and in relatively good condition.. Sound Transit's light rail runs adjacent to the water main on an elevated track. The City's Water System Plan has identified a goal to serve 1,500 gallons per minute fire flow from the completed water main. The water main currently operates at approximately 140 pounds per square inch (psi) pressure and the City would like to test this water main at 200 psi. Trenchless pipe replacement options is being sought to limit the need to repave/replace existing roads and sidewalks, minimize traffic disruptions during construction, and limit overall project costs. PROJECT ASSUMPTIONS • Carollo Engineers, Inc., will be referred to as "Consultant" in this document. • The City of Tukwila and its staff will be referred to as "City" in this document. • All meetings will be held at the City offices or at the project site unless otherwise specified. • Draft deliverables will be provided in electronic copy (PDF and/or Microsoft (MS) Word) transmitted via email or secure file transfer. • Meeting notes and related materials will be transmitted electronically in MS Word and PDF formats via email. • The City will print and produce additional copies of all documents as necessary for its use beyond what will be provided by the Consultant as stated within this scope of services. • The City will provide available information related to the project and as requested by the Consultant in a timely manner. The City will furnish Consultant available studies, reports, and other data pertinent to Consultant's services; obtain, or authorize Consultant to obtain, or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing Consultant's services under this Agreement. pw:l\CarollolDocumentsl 123 EXHIBIT A • The Consultant shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of Washington. • The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for Consultant to perform services hereunder. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, the Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing facilities that may affect construction costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City's actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projections, or estimates. PROJECT TASKS Exhibit A and B establish the Scope of Services, level of effort, and authorization to complete the design and bidding support for the MLK Water Main Replacement project. This Scope of Services does not cover Bidding Support or Construction Services. This Scope of Services is divided into the following tasks: Task 100 - Project Management Task 200 - Preliminary Design Task 300 - Design Task 400 - Bidding Support (Future) Task 500 - Construction Services (Future) The specific tasks are discussed in detail in the text that follows. SCOPE OF SERVICES DETAIL TASK 100 - PROJECT MANAGEMENT The objective of this task is to manage and coordinate engineering and related services required for Project completion in accordance with the schedule, budget, and quality expectations that are established. Task 100 includes the following activities: • Prepare an abbreviated PMP document that describes project roles and responsibilities, lists contact information for the project team, describes communication protocols, quality management, and includes the scope of services, schedule, and budget. Project schedule will be updated as necessary throughout the project to reflect current progress. • Manage the Project team to track time and budget, work elements accomplished, work items planned for the next period, manpower, scope changes, and time and budget needed to complete this Scope of Services. • Prepare monthly project status reports that compare work accomplished with schedule activities and compare expenditures with task budgets, and submit reports to the City's Project Manager with monthly invoices. pw:llCarollolDocumentsl 124 EXHIBIT A Task 100 Assumptions: 1. It is anticipated that the project duration will be 3 months. 2. Consultant will develop meeting materials, agenda, attend meetings, and develop meeting minutes. Task 100 Deliverables: 1. Project Management Plan summary in PDF format. 2. Monthly invoices and progress reports in PDF format. 3. Updated project schedules in PDF format. TASK 200 - PRELIMINARY DESIGN The objective of this task is to collect all available information, verify existing utilities within the project area, identify potential conflicts, and to verify existing hydraulic conditions. • Conduct initial site workshop to identify existing information needs and to verify design requirements. The site workshop will serve as the project kick-off meeting. • Coordinate utility locating to be complete using One -Call system. This task assumes that the City will call in locates based on locations identified by Consultant. • Perform topographic survey of proposed excavation locations for the replacement of the existing 12 -inch ductile iron water main. • Verify existing utilities and surface features in locations where excavation work is not anticipated. • Update hydraulic model based on survey. City to conduct hydrant flow test for the MLK main. Calibrate model to the hydrant test. Perform hydraulic analysis to confirm available fire flow and system pressures. • Research alternative materials for the possible water main replacement. This task assumes that three (3) material options will be researched: HDPE, FPVC, and CIPP, and that slip lining the existing water main is the only feasible option for replacement. In the event that slip lining does not meet the design flow criteria, the City will reevaluate alternative options for providing service to the affected area. • Prepare a short draft Preliminary Design letter. • Conduct internal QA/QC. • Attend a Preliminary Design Workshop to present the draft preliminary design letter. • Prepare a comment design response. • Prepare a final Preliminary Design letter. Task 200 Assumptions: 1. The City will provide all available record information, including surveys, drawings, studies, and geotechnical reports for 12 -inch water main. 2. This task will include no more than three (3) alternatives. 3. The design criteria meeting will coincide with the information data review/request meeting. 4. No geotechnical explorations are anticipated for this scope of work. 5. No environmental assessments are required for this scope of work. 6. No easements will be required for this work. 7. The City will perform the hydrant flow testing and will be responsible for disposal of the water. pw:000arollolDocuments1 125 EXHIBIT A 8. The City will be responsible for calling in the One -Call locates. 9. In the event that the flow analysis determines that slip lining the existing water main does not meet the design criteria, the City will reevaluate how to provide service to the affected area, pipe splitting is assumed to not be feasible due to the depth of the existing line and proximity of adjacent utilities. Task 200 Deliverables: 1. Draft and final Preliminary Design letter in PDF format. TASK 300 — DESIGN The objective of this task is to provide draft and final design drawings, technical specifications, and opinions of probable construction cost (OPCC). This task includes the following activities: • Attend design workshops prior to submitting 50% and 90% design submittals to identify and address design concerns. • Prepare and submit design drawings, specifications/contract documents, and OPCC to the City at 50%, 90%, and final design stages. • Conduct internal reviews of 50%, 90%, and final design packages prior to submittal to the City. • Develop and maintain a Decision Log to record key decisions made by the City and others during the project to document the evolution of the design. • Develop and maintain a Record of Comment Log to track City review comments and Consultant's responses for all project deliverables. • Assist the City with the preparation of permit package for submittal to WSDOT: This task assumes that the City will take the lead in preparing the permit package and will submit the permit and pay all associated fees. Task 300 Assumptions: 1. Specifications will be prepared using WSDOT style specifications. 2. The City will provide front-end documents to be used to bid the project. Carollo will provide and stamp only the Technical Specifications for the project. 3. No easements will be required for the project. 4. The draft design drawings and specifications will be stamped by a professional engineer licensed in the State of Washington, but will not be signed or dated. 5. The Final bid documents will be stamped and signed by a professional engineer licensed in the State of Washington. 6. OPPC's will be subject to the levels of accuracy and contingency percentages recommended by the former Association for the Advancement of Cost Engineering (AACE) for different design levels. 7. No additional environmental studies will be required by outside permitting agencies. 8. If required, the City will be the lead agency for the SEPA Checklist and determination. 9. The WSDOT permit will be prepared and submitted by the City, including the payment of all fees. 10. If required, the City will prepare the DOH project report for their files. Task 300 Deliverables: 1. Electronic half-size copies of the 50%, and 90% design drawings, specifications and OPCC in PDF format. pw:llCarollolDocumentsl 126 EXHIBIT A 2. Decision Log in Excel format. 3. Record of Comment Log in Excel format. 4. Electronic copy of the Final bid documents in PDF format. 5. Design workshop meeting agendas and minutes in electronic PDF format. 6. Exhibits and figures required for permit applications in electronic PDF format. TASK 400 — BIDDING SUPPORT (FUTURE) Following the design of the project, the City may request budding support services. This task would provide assistance to the City during the bidding and award process. It is understood that the City would lead this task with the Consultant providing technical support through the tasks outlined below. • Assist the City with responses to prospective bidder's questions during the bidding period. • Assist the City with the preparation of up to two (2) addenda (as needed). • Attend the bid opening and provide input on the apparent low bidder. TASK 500 — CONSTRUCTION SERVICES (FUTURE) Following the design and bidding of the project, the City may request construction support services. This task would provide general discussion, submittal reviews of specialized work, and prepare draft and final Construction Record Drawings (CRD's). The Consultant would also provide review and response to Contractor generated Requests for Information (RFI's) and/or change order requests on an as needed basis. It is assumed that the City would take the lead on the construction observation of the project. The Construction Services would include the following tasks: • Attend the preconstruction meeting to be led by the City. • Perform submittal review and provide responses. • Review and respond to any Contractor generated RFI's or Change Order requests on an as needed basis. • Consultant will provide onsite construction support. This task assumes that the City will lead the construction observation and that the Consultant will provide onsite support of specialized activities on an as needed basis. • Attend up to four (4) construction meetings to be held onsite or at the City. • Prepare draft and final Construction Record Drawings (CRD's). pw:llCarolloIDocumentsl 127 128 City of Tukwila MLK Water Main Replacement Project Exhibit B - Schedule of Ch TASK / DESCRIPTION ai En .. c0 U N .51 TO co •s c a� - N m to • 2' o -w c c (0 co a m o o m m . 0) • o o a) u) 2— Q c Qao) N g o U ~ a E CAH (n o a 5 0H a m U Total Hours Carollo Labor Cost v Sub Sub Total Cost @ 10 Total Markup Cost OTHER DIRECT COSTS TOTAL COST Travel and Printing PECE $» 70 Total ODC Total Labor Rate $ 226 $ 205 $ 175 $ 135 $ 226 $ 135 $90 ' , .. ... ? �... .:-.+ A a _ Tasks._ 100 200 300 Project Management Preliminary Design 3.0 3.0 0.0 6.0 17.0 21.0 52.0 90.0 2.0 6.0 12.0 36.0 0.0 108.0 14.0 150.0 0.0 0.0 20.0 20.0 0.0 4.0 75.0 79.0 2.0 4.0 22.0 28.0 30 80 277 387 $ 5,503 $ 12,843 $ 41,865 $ 60,211 $ $ $ $ 4,680 $ 468 $ 5,148 $ - $ 351 $ 40 $ 936 $ 40 $ 3,241 $ 80 $ 4,528 $ 351 $ 976 $ 3,281 $ 4,608 $ 5,854 $ 18,967 $ 45,146 $ 69,967 Design Total $ - $ - $ - $4,680 $ 468 $ 5,148 10/11/2017 1 of 1 130 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 14, 2017 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: De'Sean Quinn, Acting Chair; Dennis Robertson, Verna Seal Staff: Robin Tischmak, Ryan Larson, Greg Villanueva, Mike Cusick, Mike Perfetti, Pat Brodin, Gail Labanara, Moira Bradshaw, Jack Pace, Laurel Humphrey Guest: Jeff Pierson, Fehr and Peers CALL TO ORDER: Acting Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Acceptance: NPDES Stormwater Capacity Grant Staff is seeking Council approval of a grant agreement with the Washington State Department of Ecology for a $50,000 2017-2019 Water Quality Stormwater Capacity Grant. Funds will be used to assist Phase I and II Permittees in implementation or management of municipal stormwater programs and no matching funds are required. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. B. 2017 Surface Water Management Program Survey and Assessment Staff presented the results of the 2017 Surface Water Management Program Survey and Assessment, which was performed to comply with the National Pollutant Discharge Elimination (NPDES) Phase II permit requirement to measure residential stormwater knowledge and behavior. Hebert Research, Inc. conducted the 2017 phone survey which reached 50 businesses and 250 residences. Correct answers to priority 1 issues were less than 50%, priority 2 were between 50-80%, and priority 3 were over 80%. DISCUSSION ONLY. C. Consultant Agreement: Martin Luther King, Jr. Way South Water Main *Staff is seeking Council approval of an agreement with Carollo Engineers in the amount of $69,967.00 for design of the Martin Luther King (M LK) Way South Water Main Project. This project will replace 800 LF of 12" water line and hydrants in an area found to be heavily corroded during the construction of the Sound Transit light rail line. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. D. Contract Amendment: Riverton Creek Flapgate Removal Project Staff is seeking Council approval of Supplemental Agreement No. 1 with OTAK, Inc. in the amount of $39,993.00 for the Riverton Creek Flapgate Removal Project. This project will remove two culverts and flap gates where Riverton Creek joins the Duwamish River. A new trail bridge will be installed over the new open channel to improve fish passage. The supplemental agreement will include additional geotechnical exploration, hydraulic modeling, cultural resource investigation, and 131 132 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/20/17 RT '`A d/i'l ( DL.F, ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ►1 PW SPONSOR'S Contract No. 17-070 with OTAK provides design services for the Riverton Creek Flapgate SUMMARY Removal Project. Amendment No. 1 will add geotechnical, hydraulic modeling, a cultural resource investigation, and stormwater modeling. As the design funds have been exhausted, funding from construction will be required for this amendment. Additional grant funding is expected for construction. Council is being asked to approve OTAK's Supplemental Agreement No. 1 to Contract No. 17-070 in the amount of $39,993.00. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMITTEE CHAIR: @ Transportation Cmte ❑ Planning Comm. DE'SEAN QUINN (ACTING) ITEM INFORMATION ITEM No. 4.M. 133 STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL AGENDA DATE: 11/20/17 AGENDA ITEM TITLE Riverton Creek Flapgate Removal Project Design Amendment No. 1 with OTAK, Inc. CATEGORY ❑ Discussion Mtg Date /1 Motion Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ►1 PW SPONSOR'S Contract No. 17-070 with OTAK provides design services for the Riverton Creek Flapgate SUMMARY Removal Project. Amendment No. 1 will add geotechnical, hydraulic modeling, a cultural resource investigation, and stormwater modeling. As the design funds have been exhausted, funding from construction will be required for this amendment. Additional grant funding is expected for construction. Council is being asked to approve OTAK's Supplemental Agreement No. 1 to Contract No. 17-070 in the amount of $39,993.00. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMITTEE CHAIR: @ Transportation Cmte ❑ Planning Comm. DE'SEAN QUINN (ACTING) RECOMMENDATIONS: SPONSOR/ADMIN. COMMPITEIE Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPI:NDITURI: RI?QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $39,993.00 $308,000.00 $0.00 1 Fund Source: 412 SURFACE WATER (PAGE 108, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/20/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum dated 11/09/17 Page 108, 2017 CIP OTAKS's Supplemental Agreement No. 1 to Contract No. 17-070 Minutes from the Transportation & Infrastructure Committee meeting of 11/14/17 133 134 City of Tukwila Public Works Department - Robin Tischmak, Acting Director Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, Acting Public Works Director BY: Mike Perfetti, Habitat Project Manager DATE: November 9, 2017 SUBJECT: Riverton Creek Flapgate Removal Proiect Project Number 99830103 Contract 17-070, Amendment No. 1 ISSUE Approve Amendment No. 1 to Contract No. 17-070 with OTAK, Inc. BACKGROUND In May 2017, the City entered into a consultant agreement with OTAK, Inc. for design services of the Riverton Creek Flapgate Removal Project. This project will remove two culverts and flap gates where Riverton Creek joins the Duwamish River. A new trail bridge will be installed over the new open channel which should improve fish passage. DISCUSSION Four additional service items have emerged since the OTAK contract was initiated: 1. OTAK has determined that the geotechnical investigations and hydraulic modeling were lacking key information needed for the design of the new pedestrian Green River Trail bridge, modifications to the TIB bridge abutment, and channel bank stabilization. 2. The City was notified by our funding partner, the State's Recreation and Conservation Office (RCO), that cultural resource review will be required. 3. The Salmon Recovery Funding Board recently approved with conditions the City's RCO grant application stating that "this project needs to demonstrate that increasing fish access to Riverton Creek will not increase toxic exposure to salmonids from stormwater inputs...", meaning that additional stormwater water quality modeling is necessary. 4. Staff requested that OTAK conduct a brief alternative analysis exercise, and shift budget from other tasks to do so. To partially offset cost increases, staff will take on a handful of items that were previously in the OTAK scope including permit work and landscape design. OTAK is providing a scope of services that includes additional geotechnical exploration, hydraulic modeling, cultural resource investigation, and stormwater modeling. The additional work and completion of the remaining tasks will require additional contract time and Amendment No. 1 will extend the time for performance to April 30, 2019. FISCAL IMPACT The current agreement with OTAK is for $105,363.00 and with Amendment No. 1 for $39,993.00, the total contract amount will be $145,356.00. To fund Amendment No. 1, the project will utilize the 2018 CIP construction budget of $200,000. Two pending grants, totaling $846,965.00, are expected to be executed in 2018, which will replace the borrowed City construction funds. Agreement 2017-2018 Budget Original OTAK Contract $105,363.00 $108,00.00 OTAK Amendment No. 1 39,993.00 200,000.00 $145,356.00 $308,000.00 RECOMMENDATION Council is being asked to approve design Amendment No. 1 for $39,993.00 with OTAK, Inc. for the Riverton Creek Flapgate Removal Project and consider this item on the Consent Agenda at the November 20, 2017 Regular Meeting. Attachments: Page 108 of 2017 CIP OTAK Supplemental Agreement #1 W:IPW Eng\PROJECTSIA- DR ProjectstRiverton Flap Gate Removal (99830103 98-DR03)1Consultant SelectionlPhase 21confractWnendment#111nfo Memo Otak PE Amend #1 110917.docx 135 136 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Riverton Creek Flap Gate Removal Project No. 99830103 DESCRIPTION: Remove two culverts and flap gates at Duwamish River; install pipe arch, create open channel confluence, install trail bridge over new channel, restore/revegetate 200 feet of creek channel and 450 ft. of pond shoreline. JUSTIFICATION: Increase available salmonid rearing habitat and increase flood refuge in lower Duwamish River. Improve fish access to Riverton Creek and enhance salmon rearing and resting area. STATUS: Design at 70% completion in 2011 with a Salmon Recovery Funding Board grant of $42,500 and $30,000 from People for Puget Sound. Construction is grant dependent. MAINT. IMPACT: Expected to increase maintenance. COMMENT: Proposed grants include State & Federal habitat grants. Project used as mitigation for East Marginal Way Pipe Replacement Project and HPA Control#133763-1 requires work to be completed by June 11, 2019. FINANCIAL Through Estimated in $000's 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 114 10 108 232 Land (RNV) 0 Const. Mgmt. 100 100 Construction 650 650 TOTAL EXPENSES 114 10 108 750 0 0 0 0 0 982 FUND SOURCES Awarded Grant 72 72 Proposed Grant 550 550 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 42 10 108 200 0 0 0 0 0 360 TOTAL SOURCES 114 10 108 750 0 0 0 0 0 982 2017 - 2022 Capital Improvement Program 108 137 138 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-070 (✓'' CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and OTAK, Inc. That portion of Contract No. 17-070 between the City of Tukwila and OTAK, Inc. is hereby amended as follows: Section 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A-1" attached hereto, including the provision of all labor, materials, equipment and supplies. Exhibit A-1 supplements Exhibit A. Section 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending April 30, 2019, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than April 30, 2019 unless an extension of such time is granted in writing by the City. Section 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B-1" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $145,356.00 without express written modification of the Agreement signed by the City. Exhibit B-1 replaces Exhibit B. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 57L61-0/— c/i 66717 s CA Revised December 2016 Page 1 of 2 139 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-070 All other provisions of the contract shall remain in full force and effect. Dated this 3Q day of CITY OF TUKWILA Oc. r €X , 2017. CONTRACTOR 'LuJLuVi 1, Allan Ekberg, Mayor Printed Name: 2z¼( Czcs. -t, CA Revised December 2016 140 Page 2 of 2 Exhibit A- I Scope of Work Riverton Creek Flapgate Removal Project City of Tukwila October 17, 2017 Otak Project No. 32740 Amendment No. I A 75 -percent design for the Riverton Creek Flapgate Removal Project was completed previously by a different consultant. Under the original Scope of Work, Otak performed an Intake Review of the previous design and found that on-site geotechnical evaluation, cultural resources, and hydraulic modeling and scour analysis had not been provided with the previous design, even though stability concerns had been documented. Further, based on a site investigation of existing conditions, Otak's team recommended that the proposed channel section be revised to address slope stability and erosion concerns. The City requested an amendment to add services for the technical analysis and to make revisions to the previous design. In order to reduce the additional cost, tasks were identified that could be led by the City staff with support from Otak such as preparation of permit applications and landscape design. The following scope is for additional services required to complete the final design for the Riverton Creek Flapgate Removal Project. These services are in addition to those set forth in the Scope of Services of the Consultant Agreement for the project. The additional tasks are organized according to the tasks being supplemented in the original contract; in addition tasks that are proposed to be reduced or eliminated are described below. The following table provides a summary of the contract value for the project as modified by Amendment No. 1. Contract Authorized Fee Original Contract $105,363.00 Amendment No. 1 $39,993.00 Total $145,356.00 141 Exhibit A-1 Scope of Work Continued New Scope Items The following task list is new tasks that are to be added to the Contract. Following these tasks is a section pertaining to Contract items that are to be modified because of changes in scope. Task 2 — Intake Review 2.5 Alternatives Analysis and Meetings (New) Otak will complete additional work related to development of conceptual plans and cost estimates for two alternatives for the proposed open confluence of Riverton Creek and the Duwamish River. Alternative 1 will include a pedestrian bridge with a revised channel section to allow for channel side slopes less steep than the 1.25'H : 1'V slopes proposed in the 75% design by others. Alternative 2 will include a box culvert and wingwalls. Otak's subconsultant, GeoEngineers, will review the concept designs and provide comments on stability and recommendations for geotechnical evaluation. Task 4 — Permitting, Environmental Review and Coordination 4.8 Water Quality Monitoring (New) In order to provide an initial assessment of potential stormwater impacts to salmonids, Otak will evaluate water quality conditions in the system using the WSDOT Hi -Run model and field verification of existing conditions. The model and field verification will extend from the confluence of Riverton Creek and the Duwamish River upstream to the culverts conveying Riverton Creek under SR 599. Work for the Hi -Run modeling effort will involve collecting information on the discharge area for contributing stormwater, precipitation data, existing baseline conditions, end -of - pipe -loading subroutine, and receiving water dilution subroutine. Otak will prepare a technical memorandum describing and interpreting the modelling and field verification results. Task 6 — Hydraulic Analysis (New) This task includes the hydraulic analysis necessary to support the design of the removal of two flap gates and creek channel restoration for Riverton Creek at the confluence with the Duwamish River. A previous hydraulic analysis was conducted by Northwest Hydraulic Consultants (NHC) to evaluate any potential increased flood risk from the flap gate removal. The analysis was based on a long-term (52 -year) HEC -RAS unsteady flow simulation to evaluate potential changes in the frequency of water levels along the creek. The long-term simulation accounts for the complex W:\PW Eng\PROJECTS\A- DR Projects\Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection\Phase 2\contract\Amendment #1\Riverton SOW_Amend I_17_1027.docx 2 142 Exhibit A-1 Scope of Work Continued interaction of Riverton Creek and the Duwamish River wherein the hydraulic conditions at the confluence are governed by the timing of flows in the creek and stages on the river. However, due to the configuration of the model that includes a storage area at the upstream side of the existing outfall, detailed hydraulic information (velocities, etc.) in the design reach is not available. The hydraulic analysis presented here builds on the NHC hydraulic analysis to obtain the necessary hydraulic design information as described in this task. 6.1 Data Review Review the previous hydraulic model and report (NHC, 2010). 6.2 Statistical Analysis Perform a statistical analysis of the time series data from the NHC hydraulic analysis to develop the joint probability of flows in Riverton Creek and stages on the Duwamish River. This will provide a range of plausible flow scenarios for the hydraulic analysis of Riverton Creek at the confluence. Deliverables: • Results of the statistical analysis and recommended flows and stages for use in the hydraulic analysis of Riverton Creek. 6.3 Hydraulic Analysis Construct a detailed one-dimensional (1-D) steady flow HEC -RAS model of Riverton Creek for the study reach that extends from the confluence with the Duwamish River to the northbound SR -599 on ramp. Cross sections along Riverton Creek will be based on available topographic survey data of the study reach. The model will be configured for existing and proposed conditions and run for a range of design flows and Duwamish River stages based on the joint probability analysis performed for Task 6.2. Assumptions: • Available survey data are sufficient for the development of accurate cross sections for use in the hydraulic analysis Deliverables: • Electronic files of the hydraulic model 6.4 Channel Stability Analysis and Hydraulic Design of Scour Countermeasures Utilize results of the hydraulic analysis to assess the impacts of the flap gate removal on hydraulic conditions and the stability of Riverton Creek, and to develop the hydraulic design of any necessary scour countermeasures at the site of the flap gate removal and replacement pedestrian bridge. Any W:\PW Eng\PROJECTS\A- DR Projects \ Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection \ Phase 2\contract \Amendment #1\Riverton SOW_Amend 1_17_1027.docx 3 143 Exhibit A-1 Scope of Work Continued necessary scour calculations will be included in the analysis to support the design of scour countermeasures (toe -down depths). Assumptions: • Evaluation of channel stability impacts upstream of the flap gate removal will be based on assessment of changes in predicted hydraulic conditions and will not include detailed channel stability or sediment transport calculations. • This task does not include detailed design drawings or cost estimates that are assumed to be covered by other project tasks. Deliverables: • Scour and design calculations 6.5 Technical Memorandum Write a draft and final technical memorandum that documents the hydraulic analysis and results. Deliverables: • Draft and final technical memorandum in electronic format Task 7 — Geotechnical Analysis (New) This task includes a geotechnical evaluation by GeoEngineers, a subconsultant to Otak. Phase 1 geotechnical services included a brief review of preliminary drawings and available existing subsurface information, including the 1996 geotechnical report, as -built drawings of the existing TIB bridge and sheet pile wall, and a site visit with the design team. Phase 2 services will include completing geotechnical explorations for the planned pedestrian bridge, completing engineering analysis to support final design, preparing a final geotechnical report for the project, providing consultation, and reviewing the project plans and specifications, as needed. This contract amendment includes scope and fee estimate for Phase 2 of the project. Our Phase 2 scope assumes the as -built drawings will provide information on the backfill type and geometry behind the sheet pile wall for design of the ground anchors and explorations behind the wall are not necessary. Our specific scope of services for Phase 2 is presented below. 7.1 Explorations and Final Design Report 1. Review available subsurface information including our 1996 geotechnical report, as -built drawings of the existing sheet pile retaining wall, and available geologic and topographic W:\PW Eng \ PROJECTS \A- DR Projects \Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection\Phase 2\contract\Amendment #1 \Riverton SOW_Amend 1_17_1027.docx 4 144 Exhibit A-1 Scope of Work Continued maps. We assume Otak, Inc. (Otak) and the City of Tukwila (City) will provide as -built information for the existing bridge and wall. 2. Review preliminary drawings for the planned project including trail improvements, flapgate removal and culvert modifications, and upgrades to the bulkhead. 3. Complete a site reconnaissance to observe the existing surficial conditions of the site. 4. Develop approach for tie -back and sheet pile wall analyses. 5. Explore subsurface conditions at each end of the planned pedestrian bridge by completing two geotechnical borings to depths of about 50 to 60 feet. The preliminary depths were estimated to determine the contact elevation between the anticipated sand layer and lower very soft organic silt layer. It may be necessary to drill deeper borings through the lower organic silt layer, depending on the foundation loads and seismic requirements of the bridge structure. The drilling services will be subcontracted to GeoEngineers and will be completed using hollow -stem auger or mud rotary drilling equipment. We will contact the Washington State One -call service to locate the explorations in areas that are clear of underground utilities. We will also use a subcontract a private utility locate service, to locate utilities not covered by the one -call service. The drilling will generate excess soil that will not be replaced in the borehole. Our scope and fee estimate assumes that the soil cuttings will be left on site and that the site restoration, is not necessary. If the soil cuttings will need to be hauled off- site, then additional expenses will be needed. The borings will be backfilled in accordance with the Department of Ecology's requirements. 6. Evaluate pertinent physical and engineering characteristics of the site soils based on laboratory tests from the borings. The laboratory tests will include moisture content, grain - size distribution, Atterberg limit determination, and percent fine contents, as appropriate. 7. Prepare a draft and final geotechnical design report. Our specific scope of services for the design -level report will include the following: • Project vicinity map and site plan showing the location of the geotechnical exploration with • respect to the proposed development including new or previously completed explorations. • Previous boring logs and boring logs and laboratory test results completed for this study (if • completed). • Summary of subsurface soil and groundwater conditions. • Seismic design recommendations based on the current International Building Code (IBC). • Foundation design recommendations (axial and lateral pile capacity) for the proposed • pedestrian bridge. We have assumed the foundations will consist of deep piles. • Anchor recommendations for stabilization of the existing sheet pile wall. • Recommendations for stability of site slopes, including stability evaluations and • recommendations for the existing steep slopes in front of the sheet pile wall where tie -backs • may be needed for the planned project. W:\PW Eng\PROJECTS\A- DR Projects \ Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection\Phase 2\contract\Amendment #1\Riverton SOW_Amend 1_17_1027.docx 5 145 Exhibit A-1 Scope of Work Continued • Recommendations for earthwork including: o Stripping, removal of soft, organic or other unsuitable material; o Excavation considerations including temporary cut slope inclinations; o Placement and compaction of structural fill; o A discussion on the effects of weather and construction equipment on the site soils; and o A discussion on site drainage and dewatering, if necessary. 8. Provide consultation to the design team including reviewing the plans and specifications for conformance to our geotechnical recommendations. W:\PW Eng\PROJECTS \A- DR Projects \ Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection\Phase 2\contract \Amendment #1\Riverton SOW_Amend 1_17_1027.docx 6 146 Exhibit A-1 Scope of Work Continued Scope and Budget Modifications Several tasks are forecasted to be under budget or are reduced in scope, which will reduce the budget requirement, and include the following: 2.4 Develop Permitting Strategy Plan This task is omitted. The City will lead the permitting effort. Any permitting support, if requested by the City, will be provided under Task 4.7 Permitting Support. 3 Coordination Meetings This task is omitted. Otak will facilitate meetings to review assessment of alternatives under new Task 2.5. Any participation of a meeting with permitting agencies, if requested by City, will be provided under Task 4.7 Permit Support. 4. I JARPA Preparation The scope for this task is reduced. The City will prepare the Joint Aquatic Resources Permit Application (JARPA) for the project including the preparation of the required drawings. The JARPA and existing Critical Areas Report will be used to apply for and support a Washington State Department of Fish and Wildlife (WDFW) Streamlined Hydraulic Project Approval (HPA) for a fish habitat enhancement project. The City will prepare the complete application and manage the submittal. Otak will provide support and review of the draft application materials, as requested. 4.2 Specific Project Information Form (SPIF) The scope for this task is reduced. The City will prepare and submit the Specific Project Information Form (SPIF), per the Programmatic Biological Assessment (PBA) for Restoration Actions in Washington State and associated Biological Opinion (BiOp). Otak will provide support and review of the draft form. 4.3 Cultural Resources This task is revised to include a Cultural Resources Assessment by Cultural Resource Consultant (CRC), a subconsultant to Otak. CRC will provide the following project components as part of this cultural resources assessment: • CRC will conduct a search of site files recorded at Washington Department of Archaeology and Historic Preservation (DAHP); review of relevant correspondence between the project proponent, stakeholders and DAHP; and, review of pertinent environmental, W:\PW Eng\PROJECTS\A- DR Projects\Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection\Phase 2\contract\Amendment #1\Riverton SOW_Amend 1_17_1027.docx 7 147 Exhibit A-1 Scope of Work Continued archaeological, ethnographic and historical information appropriate to the project area from a variety of available resources. • CRC will contact the cultural resources staff of tribes that may have an interest in the project area. This communication is intended to inform the cultural resources assessment and does not constitute government -to -government consultation. • CRC will provide a field investigation of the project location for identification of archaeological and historical resources and, if necessary, excavation of shovel test probes or other exploratory excavations in environments that might contain buried archaeological deposits. Field methods will be consistent with DAHP guidelines. • CRC will monitor during geotechnical explorations (two borings anticipated) in order to observe subsurface conditions near the proposed culvert removal. • CRC will document and record archaeological and historic sites within the project area, including preparation of Washington State archaeological and/or historic site(s) forms. Documentation will be consistent with DAHP standards. • CRC will prepare a technical memo describing background research, field methods, results of investigations, and management recommendations. The report will provide supporting documentation of findings, including maps and photographs, and will conform to DAHP reporting standards. Report and support materials will be provided electronically. 4.4 Ecology Construction Stormwater General Permit This task is omitted. The City or the Contractor will submit for this permit once the project is scheduled for construction. 4.5 Wetland Delineation The scope for preparing a Critical Areas Report is reduced to only include the preparation of a memorandum to supplement the Critical Areas Assessment prepared with previous work. 4.6 Agency Meetings This task is omitted. Any participation of a meeting with permitting agencies, if requested by City, will be provided under Task 4.7 Permit Support. 4.7 Permitting Support The scope for this task is reduced to include the attendance of up to two meetings with permitting agencies by two Otak staff. Each meeting is assumed to take 3 hours including travel time. Task 5 — Final Design W:\PW Eng\PROJECTS\A- DR Projects \ Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection\Phase 2\contract\Amendment #1\Riverton SOW_Amend 1_17_1027.docx 8 148 Exhibit A-1 Scope of Work Continued The preparation of final signed bid set plans and specs is removed from the scope. A final bid set can be prepared later once additional funding has been secured for construction. 5.1 Final Design and Plans Sheets 4 Creek Grading, Trail Restoration, and Bank Armoring Design The scope for final design and plan preparation is revised as the City will perform all landscaping design for revegetation of Riverton Creek and for edge restoration along Green River Trail. The City will provide construction plan sheets for all landscaping features including the placement of Large Woody Debris (LWD). The City will also provide all planting details. Otak will provide the details for LWD. Otak will also provide electronic drawing files for the sheet tideblock and any civil basefiles that the City will need to prepare the landscaping sheets. Otak will revise the grading prepared previously (by others) to allow for channel side slopes with a maximum slope of 1.75'H : 1'V. It is assumed that this proposed slope will be able to be stabilized with a bio -engineered system with components such as LWD, rip -rap, plastic geocell, and biodegradable matting that is compatible with the City's design for slope vegetation. This scope does not include engineering for a mechanically stabilized earth wall or soil nails for channel slope stabilization. 6 Retaining Wall Design (3 sheets) The scope for final design and plan preparation is revised to include a retaining wall adjacent to the parking lot with greater vertical and horizontal extents. It is assumed that this wall will be a reinforced concrete retaining wall. A computer -modeled visualization is omitted from the scope. 5.2 Specifications The scope for this task is reduced as the City will lead the preparation of the master Contract Manual and the preparation of landscaped Special Provisions. Otak will provide General Special Provisions (GSP) and project -specific Special Provisions for Divisions 2 — 9, excluding the landscape and planting Special Provisions. The City will prepare Special Provisions for all landscape and planting work including topsoil, compost, seeding, and plant establishment. The City will prepare Division 1 of the Specifications and compile the master Contract Manual including all Contract and Bid Forms, Amendments to the WSDOT Standard Specifications, and Appendices. The City will incorporate Special Provisions provided by Otak. W:\PW Eng\PROJECTS\A- DR Projects \ Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection \Phase 2\contract \Amendment #1\Riverton SOW_Amend 1_17_1027.docx 9 149 Exhibit A-1 Scope of Work Continued Otak will provide a review of the Specifications Manual at the 90 percent and Final design levels. The City will provide revisions as necessary. Otak will prepare an estimated construction schedule to determine the number of working days for the construction contract, for review by the City at approximately the 90 percent design level. Deliverables: 1. Special Provisions at 90 -percent and 100 -percent design (pdf format and MS Word format)., sealed by a Washington state registered PE. 2. Estimated construction schedule, draft and final in Microsoft Project (.mpp and .pdf format). 5.3 Construction Cost Estimates The scope for this task is reduced as the City will provide quantities and unit costs for all landscaping bid items. Otak Project Expense Budget Expense costs will be significantly less than projected and site visits that will incur mileage costs will be limited. W:\PW Eng\PROJECTS\A- DR Projects\Riverton Flap Gate Removal (99830103 98-DR03)\Consultant Selection\Phase 2\contract \Amendment #1\Riverton SOW_Amend 1_17_1027.docx 150 10 Exhibit B -I - Fee Estimate City of Tukwila - Riverton Creek Flapgate Removal Project Orals, Inc., Project 32740 AMENDMENT NO. 1,10/26/17 Task Descdption Phue I - Intake Review and Chute, Meeting Task 1 Project Management 1.1 Project Mvugeuscut and Cmnli coon 1.2 Qnaliy Assurance/Quality Control Task Intake Review 2.1 Review Existing Dna 22 Site Reconnaissance _ 29 Intake Review and Develop Design Critesia a; 2.5 Alternatives An yrfi and Meetings Ta+k-3 Phase I Total Hours Total labor Cost, including Ovedrtad and Profit Direct Expenses Phue 1 Project Total Phase 2 - Permitting rod Final Design Task4 Permitting,Ensiroomenul Resiew and Coordination 4.1 ).SRP.\ Preparation 4.2 Specific Project Infonnaims Form (SP IF) 4.3 Cultural Resooaes (CRC) 4.5 Weiland Delaneanou 44 47 Permit Support 4.8 0('ater Quality \lanitouug Task5 Final Design Al Design and Phan (to fns ize existing 16 sheets) 1. 9091 Plans 2 10091 Plan 3.r_..lPOE R:aFut 5.2 Specifications - all new specs mous based on templae provided 1.90', Specs 2 10091 Specs POE 8:,1 Sue 5.3 Con on Coo Estimates (updating Enhnae and quant provided) I. 90011 Coo Estimae 2. 10091 Cost Estimate 3. F..2 P08 Rid Set Task6 Hydraulic Analyses 6.1 Data Review 6.2 Statistical Analysis 6.3 Ilydrankc Assalyses 6.4 CLanuneI Stability Asulysu rod Hydsanhc Designs of Scour nntem.amres 6.5 Technical Memorandum Task7 Geotechnical Analysis 7.1 Explorations and Final Design Report Phase 2 Total Hours Total Labor Con. including Oeod,ead and Profit Direct Expenses Phase 2 Project Total Project Total Hours (Phases 1-2) 800,ng Rate (including OH and Profit) -Total Lou,,,, Cr,,,, including Overhead and Profit Direct Expenses Mem. Souctural ,X .0 Water Re m Hydraulic Analysis Landscape V. 1 L.5. 2 '0 2 LAUD Admm Gootech Cultural 6 02 V 4 4 4 16 12 4 12 90 4 10 32 2 16 I 2,816 $ 12141 $ 757 6 1,320 6 3,332 $ - $ 1 - $ - I $ - $ - $ 272 1 - $ - $ 1,123 6 86 40 96 2 50 20 72 2 38 16 56 12 4 16 26 60 95 0 6 4 8 2 40 70 4 4 3 16 8 128 48 4 68 32 4 44 16 4 24 16 2 2410 12 48 2 16 8 8 36 8 2 4 12 tl 8 14 4 4 2 12 10 12 12 16 6 20 6 12 10 10 4 4 4 2 6 4 76 34 16 4 1 3 30 8 16 8 12 12 6 4 24 24 16 2 8 4 2 10 100 40 96 2 60 95 128 134 38 8 14 6 24 6 $ 2,346 $ 13,490 1 - 1 5,279 $ 9,994 $ 3,450 $ 7,039 1 5,795 $ 13,516 $ 11,595 $ 6,431 1 1,354 1 1,899 $ 564 $ 1.721 1 421 22 190 - 4 50 128 26 60 95 128 134 38 8 16 6 24 22 $234.60 1134.90 1189.16 $131.97 1104.10 1132.67 $117.30 $61.00 $105.59 $86.53 $160.21 $169.21 $19.0.63 193.85 171.67 170.15 1 5,102 1 255,631 $ 757 1 6,599 1 13,325 1 3,450 $ 7,039 $ 5,795 $ 13,516 $ 11,595 ' 1 6,431 $ 1,354 ' $ 2,171 $ 564 $ 1,721 1 1,544 60 $ 8,074 32 $3,939 29 14,135 106 $ 13,687 $1,000 10 11,144 10 11,338 $1,800 18 $2418 68 18,587 166 $ 21,761 11,800 1100 $ 21,761 $ 100 $ 1,800 $ 201 1 18,240 $5,600 26 $2,310 14 $1,159 $5,600 112 $9,228 17 11,993 32 17,550 460 $ 52,165 286 $31,612 104 112,430 70 16,123 124 ; 14,490 5 $647 20 12,062 42 14,580 27 13,243 30 13.949 785 951 131,000 84,895 ; 31,000 $ 5,600 $350 $ 64,895 $ 350 $ 31,000 $ 5,600 106,656 0 32,800 ; 5,600 S 300 $ 8,074 $3939 $4,135 15,407 11,044 $3,138 $2,418 $8,5117 $ 23,561 • 100 $ 23,661 $ 23,540 $2,310 11,159 $5,600 $9,22_8 $1,993 $3,550 52,165 $31,612 $12,430 $8,12_3 14,490 $647 $2,062 $4,589 $3,241 13,949 1 31,000 • 121,495 ; 350 f 121,545 $ 145,050 • 300 Project Total (Phases 1-2) $ 106,656 $ 300 $ 32,800 $ 5,600 $ 145,356 ORIGINAL CONTRACT 1 105,363 AMENDMENT NO. 1 ADDITIONAL FEE ; 39,993 N':\PW Eng \PROJEC,CS\A-DR Projects \Riverton Flop Gore Removal (9983010398-DR03)\Consultant Selection \Phase 2\ contract\Amendment #1\Copy of Riverton Fee Est,llmend 1_ 17_1027 152 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 14, 2017 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: De'Sean Quinn, Acting Chair; Dennis Robertson, Verna Seal Staff: Robin Tischmak, Ryan Larson, Greg Villanueva, Mike Cusick, Mike Perfetti, Pat Brodin, Gail Labanara, Moira Bradshaw, Jack Pace, Laurel Humphrey Guest: Jeff Pierson, Fehr and Peers CALL TO ORDER: Acting Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Acceptance: NPDES Stormwater Capacity Grant Staff is seeking Council approval of a grant agreement with the Washington State Department of Ecology for a $50,000 2017-2019 Water Quality Stormwater Capacity Grant. Funds will be used to assist Phase I and II Permittees in implementation or management of municipal stormwater programs and no matching funds are required. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. B. 2017 Surface Water Management Program Survey and Assessment Staff presented the results of the 2017 Surface Water Management Program Survey and Assessment, which was performed to comply with the National Pollutant Discharge Elimination (NPDES) Phase II permit requirement to measure residential stormwater knowledge and behavior. Hebert Research, Inc. conducted the 2017 phone survey which reached 50 businesses and 250 residences. Correct answers to priority 1 issues were less than 50%, priority 2 were between 50-80%, and priority 3 were over 80%. DISCUSSION ONLY. C. Consultant Agreement: Martin Luther King, Jr. Way South Water Main Staff is seeking Council approval of an agreement with Carollo Engineers in the amount of $69,967.00 for design of the Martin Luther King (M LK) Way South Water Main Project. This project will replace 800 LF of 12" water line and hydrants in an area found to be heavily corroded during the construction of the Sound Transit light rail line. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. D. Contract Amendment: Riverton Creek Flapgate Removal Project *Staff is seeking Council approval of Supplemental Agreement No. 1 with OTAK, Inc. in the amount of $39,993.00 for the Riverton Creek Flapgate Removal Project. This project will remove two culverts and flap gates where Riverton Creek joins the Duwamish River. A new trail bridge will be installed over the new open channel to improve fish passage. The supplemental agreement will include additional geotechnical exploration, hydraulic modeling, cultural resource investigation, and 153 Transportation & Infrastructure Committee Minutes November 14, 2017 *stormwater modeling and extend the contract expiration date to April 30, 2019. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. E. Grant Acceptance: Non -Transportation Commute Trip Reduction Pilot Program Staff is seeking Council approval of a grant award with WSDOT in the amount of $107,000 to implement a pilot program to reduce regional congestion and improve air quality in Tukwila and South King County. The funding opportunity was designed to pilot the expansion of Transportation Demand Management (TDM) programs beyond traditional Commute Trip Reduction (CTR) affected sites into new markets. King County Metro and the Port of Seattle are providing the required $25,000 local match. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. F. Tukwila International Boulevard Retrofit Implementation Staff updated the Committee on implementation of the community's vision for the Tukwila International Boulevard (TIB) neighborhood and the Congress for New Urbanism (CNU's) recommended action on a rechannelization design. The CNU report suggested that the City change the street design to reduce through -lanes to two from four, allowing on -street parking and bicycle lanes and adding crosswalks. The City contracted with Fehr & Peers to study the impacts associated with the lane removal and potential mitigation. The study found that at least 50% of existing traffic is pass through and unrelated to local business or residences. Traffic diversion will occur on adjacent streets in the order of 42nd Avenue South, Military Road South, 1-5, Des Moines Memorial Drive South, and 51St Avenue South/Macadam Road. By 2030, traffic would increase by 20% under the road diet scenario. The study also found that typical traffic calming measures on side streets would not be effective in preventing the traffic diversion, but intersection diverters or short one- way segments could help. KPG, Inc. prepared three preliminary design options and cost estimates that all include removal of the two lanes plus parking and a bicycle lane. Alternative 1 would add bulb -outs at mid -block pedestrian crossings at a cost of $1,130,000, Alternative 2 would only restripe at a cost of $250-400,000, and Alternative 3 would add crosswalks and bulb -outs at intersections at a cost of $1,270,000. Staff recommends implementing Alternative 2 because it is a low-cost option to help staff evaluate traffic impacts prior to further investment. The Committee discussed the study's findings. Councilmember Robertson suggested diverting traffic further south down by South 130th Street in order to avoid a traffic increase on 42nd Ave S. Councilmember Quinn suggested painting zones and increasing Police speed enforcement, like in Bellevue. He stressed the importance of protecting the residential streets. The Committee did not arrive at a recommendation but requested staff return in 2018 at the Committee level to continue discussing the options. NO RECOMMENDATION. RETURN TO COMMITTEE. G. Final Construction Settlement: Interurban Avenue South Staff is seeking Council approval of a final settlement and Change Order No. 9 with Walsh Construction in the amount of $1,081,259.15 for the Interurban Avenue South Project. Walsh has asserted that the project encountered unexpected impacts and has sought additional compensation, which the City disputed. The parties have been in mediation since June 2017 and this settlement represents the agreed upon terms. Funding for this settlement is aided by an additional $750,000 from the State Transportation Improvement Board and $35,000 in traffic impact fees. With a final contract amount of $8,917,921.31, the City's overage is $165,000. The Committee requested that staff amend the informational memo to clearly show where the $165,000 154 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/20/17 RT ( x2 c 31,K ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PW SPONSOR'S The City has been awarded state funding of $50,000.00 from the Washington State SUMMARY Department of Ecology's 2017-2019 Biennial Stormwater Capacity Grant. This grant assists local jurisdictions with the National Pollutant Discharge Elimination System (NPDES) Phase II Permit. There are no requirements for a City match. Council is being asked to accept WA State Department of Ecology Stormwater Capacity Grant Funding of $50,000.00. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMII"lEE CHAIR: DE'SEAN /1 Transportation Cmte ❑ Planning Comm. QUINN (ACTING) ITEM INFORMATION ITEM No. 4.N. 155 STAFF SPONSOR: ROBIN TISCHMAK ORIGINAL AGENDA DATE: 11/20/17 AGENDA ITEM TITLE NPDES (National Pollutant Discharge Elimination System) Accept WA State Dept of Ecology's 2017-2019 Biennial Stormwater Capacity Grant CA.I'EGORY ❑ Discussion Mtg Date // Motion Date 11/20/17 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police /1 PW SPONSOR'S The City has been awarded state funding of $50,000.00 from the Washington State SUMMARY Department of Ecology's 2017-2019 Biennial Stormwater Capacity Grant. This grant assists local jurisdictions with the National Pollutant Discharge Elimination System (NPDES) Phase II Permit. There are no requirements for a City match. Council is being asked to accept WA State Department of Ecology Stormwater Capacity Grant Funding of $50,000.00. REVIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 11/14/17 COMMII"lEE CHAIR: DE'SEAN /1 Transportation Cmte ❑ Planning Comm. QUINN (ACTING) RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 412 SURFACE WATER (PAGE 98, 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/20/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum dated 11/09/17 WA State DOE Stormwater Capacity Grant Minutes from the Transportation & Infrastructure Committee meeting of 11/14/17 155 156 City of Tukwila Public Works Department - Robin Tischmak, Acting Director Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Robin Tischmak, Acting Public Works Director BY: Greg Villanueva, NPDES Coordinator CC: Mayor Allan Ekberg DATE: November 9, 2017 SUBJECT: NPDES (National Pollutant Discharge Elimination System) Project No. 99341210 Accept Department of Ecology's 2017-2019 Biennial Stormwater Capacity Grant ISSUE Authorize the Mayor to sign and accept Washington State Department of Ecology's (DOE) Water Quality Stormwater Capacity Grant for the 2017-2019 Biennial. BACKGROUND The 2017 State Legislature provided funding for local jurisdictions to assist in the implementation of NPDES Phase I and Phase II permit requirements. The City applied for $50,000 of the 2017-2019 Biennial Stormwater Capacity Grant. ANALYSIS The City has been awarded $50,000 for the 2017- 2019 Biennial Stormwater Capacity Grant and the agreement is now ready for signature. FISCAL IMPACT This State Capacity Grant is non-competitive, and no matching funds are required. RECOMMENDATION Council is being asked to accept Washington's State Department of Ecology's 2017-2019 Water Quality Stormwater Capacity Grant Agreement for $50,000 and consider this item on the Consent Agenda at the November 20, 2017 Regular Meeting. Attachment: Water Quality Stormwater Capacity Grant Agreement No. WQSWCAP-1719-Tukwila-00050 W:1PW Eng1PR0JECTSIA- DR Projects\NPDES Program (99341210)12017 2019 Capacity GrantlInfo Memo2017CapacityGrantAcceptdocx 157 158 DEPARTMENT OF EC•LIGY State of Washington Agreement No. WQSWCAP-1719-Tukwil-00050 WATER QUALITY STORMWATER CAPACITY 1719 AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF TUKWILA This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Tukwila, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2017-2019 Biennial Stormwater Capacity Grants Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: $50,000.00 $50,000.00 $50,000.00 $0.00 07/01/2017 03/31/2019 Capacity Grant Project Short Description: This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. Project Long Description: N/A Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. 159 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-Tukwil-00050 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Tukwila RECIPIENT INFORMATION Organization Name: City of Tukwila Federal Tax ID: 91-6001519 DUNS Number: 010207504 Mailing Address: Physical Address: Organization Email: Organization Fax: Contacts 6300 Southcenter Blvd Tukwila, WA 98188 6300 Southcenter Blvd, Suite 100 Tukwila, Washington 98188 ryan.larson@tukwilawa.gov (206) 433-0179 Page 2 of 19 Project Manager Greg Villanueva NPDES Cordinator 6300 Southcenter Blvd Tukwila, Washington 98188 Email: greg.villanueva@tukwilawa.gov Phone: (206) 431-2442 Billing Contact Gail Labanara Public Works Analyst 6300 Southcenter Blvd STE 100 Tukwila, Washington 98188 Email: gail.labanara@tukwilawa.gov Phone: (206) 431-3660 Authorized Allan Ekberg Signatory Mayor 6200 Southcenter Blvd Tukwila, Washington 98188 Email: allan.ekberg@tukwilawa.gov Phone: (206) 433-1850 Version 10/30/2015 160 State of Washington Agreement No: Project Title: Recipient Name: Department of Ecology WQS WCAP-1719-Tukwil-00050 2017-2019 Biennial Stormwater Capacity Grants City of Tukwila ECOLOGY INFORMATION Mailing Address: Physical Address: Contacts Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Page 3 of 19 Version 10/30/2015 161 Kyle Graunke Project Manager PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Kyle Graunke Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Version 10/30/2015 161 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-Tukwil-00050 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Tukwila AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology City of Tukwila By: By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 162 Date Page 4 of 19 Allan Ekberg Mayor Date City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 14, 2017 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: De'Sean Quinn, Acting Chair; Dennis Robertson, Verna Seal Staff: Robin Tischmak, Ryan Larson, Greg Villanueva, Mike Cusick, Mike Perfetti, Pat Brodin, Gail Labanara, Moira Bradshaw, Jack Pace, Laurel Humphrey Guest: Jeff Pierson, Fehr and Peers CALL TO ORDER: Acting Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA Grant Acceptance: NPDES Stormwater Capacity Grant Staff is seeking Council approval of a grant agreement with the Washington State Department of Ecology for a $50,000 2017-2019 Water Quality Stormwater Capacity Grant. Funds will be used to assist Phase I and II Permittees in implementation or management of municipal stormwater programs and no matching funds are required. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. B. 2017 Surface Water Management Program Survey and Assessment Staff presented the results of the 2017 Surface Water Management Program Survey and Assessment, which was performed to comply with the National Pollutant Discharge Elimination (NPDES) Phase II permit requirement to measure residential stormwater knowledge and behavior. Hebert Research, Inc. conducted the 2017 phone survey which reached 50 businesses and 250 residences. Correct answers to priority 1 issues were less than 50%, priority 2 were between 50-80%, and priority 3 were over 80%. DISCUSSION ONLY. C. Consultant Agreement: Martin Luther King, Jr. Way South Water Main Staff is seeking Council approval of an agreement with Carollo Engineers in the amount of $69,967.00 for design of the Martin Luther King (M LK) Way South Water Main Project. This project will replace 800 LF of 12" water line and hydrants in an area found to be heavily corroded during the construction of the Sound Transit light rail line. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. D. Contract Amendment: Riverton Creek Flapgate Removal Project Staff is seeking Council approval of Supplemental Agreement No. 1 with OTAK, Inc. in the amount of $39,993.00 for the Riverton Creek Flapgate Removal Project. This project will remove two culverts and flap gates where Riverton Creek joins the Duwamish River. A new trail bridge will be installed over the new open channel to improve fish passage. The supplemental agreement will include additional geotechnical exploration, hydraulic modeling, cultural resource investigation, and 163 164 Jennifer Ziegler November 20, 2017 City of Tukwila 0) 01 Agenda Recent Developments 2018 Potential Legislative Issues Tukwila Legislative Session Priorities Next Steps Recent Developments • Senate Democrats obtained a one -vote majority based on the 2017 election results. • No change to House membership. • Washington State Supreme Court heard oral arguments on Education Funding plan. • No action on Hirst decision or Capital Budget. 2018 Potential Legislative Issues • Education Funding and Revenue • Capital Budget • Hirst Decision • Other Potential Policy Issues • Affordable Housing, Homelessness and Mental Health Funding • Carbon Tax • Voting Rights Act • Sound Transit Motor Vehicle Excise Tax Valuation City of Tukwila Legislative Priorities • Fund the Strander Extension Project. • Provide future stable funding for homelessness by eliminating the sunset and increasing the document recording fee, as well as providing new local options. • Maintain existing Streamlined Sales Tax Mitigation payments. • Amend the law that limits annual property tax growth to one percent. • Continue to monitor the outcomes of the McCleary decision and legislatively adopted funding to ensure a benefit to Tukwila students. • Increase funding for law enforcement training. • Preserve lodging tax flexibility. Next Steps • Possibility of 4th special session. • December 5th legislative luncheon. • 6o -Day legislative session begins January 8, 2018. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/20/17 CT ,e,A zlLp; / 1 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 11/20/17 SPONSOR ❑Council II Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW ❑Court SPONSOR'S The Council is being asked to appoint Kimberly Walden as Municipal Court Judge for the SUMMARY term January 1, 2018 through December 31, 2021 in compliance with RCW 3.50.040 REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DAlE: 11/07/17 /1 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE ITEM INFORMATION ITEM No. 6.A. 171 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DA 1'E: 11/20/17 AGENDA ITEM TITLE Appointment of Municipal Court Judge; Amending Judge's Salary CA I'EGORY/ 1 Discussion 11/20/17 ❑ Motion Mtg Date ❑ Resolution Mtg Date / 1 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 11/20/17 SPONSOR ❑Council II Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW ❑Court SPONSOR'S The Council is being asked to appoint Kimberly Walden as Municipal Court Judge for the SUMMARY term January 1, 2018 through December 31, 2021 in compliance with RCW 3.50.040 REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Trans &Infrastructure ❑ Arts Comm. DAlE: 11/07/17 /1 Finance Comm. ❑ Public Safety Comm. Comm. ❑ Planning Comm. CHAIR: SEAL ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/20/17 MTG. DATE ATTACHMENTS 11/20/17 Informational Memorandum from David Cline dated 10/31/17 Ordinance amending salary of Municipal Court Judge Minutes from the Finance Committee Meeting of 11/07/17 171 172 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: FINANCE COMMITTEE FROM: Mayor Ekberg David Cline, City Administrator DATE: October 31, 2017 SUBJECT: Reappointment of Municipal Court Judge ISSUE The term of office for Judge Kimberly Walden will expire at the end of this year and it is my intent to appoint her for an additional 4 -year term commencing January 1, 2018. The Tukwila Municipal Code (TMC) 2.68.025 and the Revised Code of Washington (RCW) stipulate that the judge's salary shall be fixed by ordinance. BACKGROUND Judge Walden was first appointed to the Tukwila Municipal Court in 2003 and has served Tukwila since 2003. DISCUSSION Judge Walden has served admirably as the Tukwila Municipal Court Judge. Under her leadership the Court has implemented several innovative programs including the Jail Alternatives Program, a proactive Probation Division and several cost-cutting and efficiency producing procedures. An ordinance fixing the judge's salary is attached for your review maintaining the Judge's position as a .90 FTE with the salary set at .90 of the salary set for District Court Judges in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials adopted on an annual basis. Holidays and Healthcare/Dental benefits would also be prorated at 90%. RECOMMENDATION The Council is being asked to consider this item at the November 20, 2017 Regular meeting. ATTACHMENTS Ordinance MOU 173 174 U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2261, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.68.026, REGARDING THE SETTING OF SALARY FOR THE MUNICIPAL COURT JUDGE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City requires the services of a Municipal Court Judge who is appointed to a four-year term; and WHEREAS, the current Municipal Court Judge will be reappointed to a term commencing January 1, 2018, under the Contract for Municipal Court Judge Services (MOU), attached hereto as Exhibit A; and WHEREAS, pursuant to RCW 3.50.080 and Tukwila's Municipal Code, the salary of the Municipal Court Judge shall be fixed by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2261 §2, as codified at Tukwila Municipal Code Section 2.68.026, is hereby amended to read as follows: 2.68.026 Municipal Judge Salary The salary of the Municipal Court Judge shall be fixed by ordinance and set at the rate provided for in the bicnn.ial budget adopted by the City Council set at the rate of 90% of the District Court Judges salary as set by the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials. W: Word Processing\Ordinances\Municipal Court Judge salary 10-30-17 CT:bjs Page 1 of 2 175 Section 2. 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 3. 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 4. 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 , 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: Attachment: Exhibit A — Contract for Municipal Court Judge Services (MOU) W: Word Processing\Ordinances\Municipal Court Judge salary 10-30-17 CT:bjs 176 Page 2 of 2 City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator MEMORANDUM OF UNDERSTANDING TO: Honorable Kimberly Walden, Municipal Court Judge FROM: Allan Ekberg, Mayor DATE: October 31, 2017 RE: Term of Appointment as Tukwila Municipal Court Judge This Memorandum of Understanding will confirm your appointment as the Municipal Court Judge for the City of Tukwila for the period from January 1, 2018 through December 31, 2021 and is pursuant to judicial and legal mandates governing such appointments (RCW 3.50.040 and TMC 2.68). The following wages and benefits are provided to you effective January 1, 2018, during the term of your appointment: WAGE: Salary set at 90% of the District Court Judges Salary as set in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an annual basis. The current schedule, adopted on May 17, 2017 is attached hereto as Exhibit A. All taxes, social security and related deductions shall be made from your wages. BENEFITS: General Leave: You are entitled to accrue a general leave bank to use for sick leave and/or vacation, as you deem appropriate. This general leave shall accrue at the rate of 12 hours per month to a maximum accrual of 96 hours. Any hours over 96 that are not used are defaulted back to the City. Upon the ending of your appointment, any leave hours, up to a maximum of 96 hours will be paid off at the rate of $70.00 per hour. Holidays: You shall be entitled to the same holidays as the Non -Represented employee group, paid at a prorated rate of 90% commensurate with your hours on the bench. Healthcare/Dental: You have the option of participating in the City of Tukwila Medical/Dental self-insured plan, Group Health Cooperative or waiving this benefit. The City will pay 90% of the premium for you and your dependents. Payments by you will be a minimum of 10% and may be higher if the GHC plan is selected and premiums are higher than the City's self-insured plan. Your share of the premium will be made by payroll deduction. Please sign the attached Personnel Action Form (PAF) and the bottom of this memorandum to indicate agreement. Agreed to this day of November, 2017. Allan Ekberg, Mayor Kimberly Walden, Judge Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 177 178 MOU Exhibit A ,4,1GCSEO Washington Citizens' Commission on Salaries for Elected Officials 2017 and 2018 Salary Schedule Adopted May 17, 2017 Judicial Branch Position Current Salary Salary Salary Effective 9/1/2.017 Effective 9/1/2018 Supreme Court Chief Justice 185,661 189,374 193,162 Supreme Court Justices 183,021 186,681 190,415 Court of Appeals Judges 174,224 177,708 181,263 Superior Court Judges 165,870 169,187 172,571 District Court Judges 157,933 161,092 164,313 Information about the components of the Final salary schedule follows: Judicial Branch: • 2% in 2017 and 2% in 2018 to maintain working toward the "benchmark" of Federal Court Judges. 179 180 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 7, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Acting Chair; Dennis Robertson, Kathy Hougardy Staff: David Cline, Jay Wittwer, Peggy McCarthy, Vicky Carlsen, Gail Labanara, Sherry Wright, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Grant Agreement: State of Washington Office of Public Defense Staff is seeking Council approval of a grant acceptance agreement with the Washington State Office of Public Defense (WSOPD) for $37,000 each for 2018 and 2019. The City of Tukwila has received this grant in the past and in 2018 WSOPD transitioned to a two-year funding cycle. Funds will be used to provide investigator services, interpreter services, and social work assistance to the City's Public Defense Program. There is no match, but the City is required to submit three written reports as outlined in the agreement. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR CONSENT AGENDA. B. Reappointment of Municipal Court Judge Staff is seeking Council approval to confirm the reappointment of Judge Kimberly Walden to the *office of Municipal Court Judge for a term of January 1, 2018 - December 31, 2021. The Council is also being asked to approve an ordinance fixingthe Judge's salary pursuant to city and state law. The proposed ordinance maintains the judges position at .90 FTE with the salary set at .90 of the District Court Judge salary in the schedule adopted by the Washington Citizen's Commission on Salaries for Elected Officials. The Committee agreed that Judge Walden has been serving the City well in her position which she has held since 2003. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 20, 2017 REGULAR MEETING. C. Tax Levy Ordinances Staff is seeking Council approval of two ordinances relating to property tax: one that would increase the City's Regular Property Tax Levy from 2017, and one that would levy general and excess property taxes. These ordinances are presented to the Council on an annual basis. According to the King County Assessor, the projected assessed value for Tukwila is $6,044,327,455. The maximum allowable levy is estimated to be $3.45711. The preliminary levy rate is estimated to be $2.49969 for 2018. A levy amount of $15,300,000 is proposed in the draft 181 182 TO: City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: November 15, 2017 SUBJECT: Report for November 20, 2017 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Meeting with Seattle Southside Chamber of Commerce: Transportation Demand Management staff met with the Seattle Southside Chamber of Commerce on October 25 to discuss opportunities to collaborate on transportation programs for businesses in Tukwila and South King County. • Joint Summit on Gang Prevention and Intervention: On November 1 Mayor Ekberg attended a Joint Summit on Gang Prevention and Intervention sponsored by Governor Inslee's office. • King County Metro Visioning Workshop: On November 1 Transportation Demand Management staff participated in a King County Metro's Business Transportation Solutions visioning workshop with other regional stakeholders. Workshop participants provided feedback on ways Metro could improve their transportation services for businesses. • Association of Washington Cities Regional Meeting: Mayor Ekberg and City Administrator David Cline attended the Association of Washington Cities Regional Meeting in Federal Way on November 8. • King County Metro Regional Transit Committee: Community Development staff attended the monthly meeting of the King County Metro Regional Transit Committee. The meeting focused on policy gaps in Metro Connects that need additional clarification: The definition of partnerships; ways to work effectively with cities to implement Metro Connects; how to prioritize new transit service and capital investments envisioned in Metro Connects; opportunities for public private partnerships; and how new technology and innovations in transit and transportation will be considered in the implementation of Metro Connects. • Association of Washington Cities Business License Workshop: On November 9 Cindy Wilkins, Fiscal Specialist attended the Association of Washington Cities Business License workshop to discuss establishing a minimum threshold for requiring businesses to obtain a license through the State. The committee plans to send out a survey to get feedback from affected cities. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 183 City Administrator's Report November 15, 2017 Page 2 • Tukwila Tree and Environment Advisory Committee: The Tukwila Tree and Environment Advisory Committee completed reviewing and revising definitions and tree regulations at the November 1 meeting. The Planning Commission will hold a work session on the proposed regulations on November 16, with a public hearing scheduled for December 14. The revisions to the tree regulations will implement Comprehensive Plan goals and policies on preserving tree canopy and tree replacement. II. Community Events • Westfield Southcenter Holiday Kickoff Meeting: Various City Departments participated in the Westfield Southcenter Holiday Kickoff meeting on October 30. Deputy Chief Mitchell, Acting Commander Kraig Boyd and Community Oriented Policing Coordinator Chris Partman had a booth at the event to answer any questions retailers had and to disseminate crime and loss prevention information. Transportation Demand Management staff promoted transportation options to managers of businesses in the mall. Attendees were invited to fill out a transportation survey in exchange for a loaded ORCA card to encourage use of transit. • Veterans Day Event at Tukwila Community Center: Mayor Ekberg, Council President Robertson, Councilmembers Duffie and Hougardy, City Administrator David Cline, and Police Chief Bruce Linton attended the City of Tukwila Veterans Day celebration held at the Tukwila Community Center on November 9. • Veterans Day Event at Museum of Flight: Mayor Ekberg, Councilmember Duffie and Councilmember Kruller attended the Veterans Day celebration at the Museum of Flight on November 11. III. Staff Updates Project Updates • Southcenter Pedestrian/Bicycle Bridge: Painting for the main steel bridge structure is near completion and concrete sidewalks on West Valley Highway have been poured. The bridge should be open to the public with unimpeded access near the end of November. Construction work will continue through the end of this year with final completion anticipated for January 2018. • S 144th St Phase II: Surface asphalt paving has been substantially completed with the need to re -pave 300 feet of the road section. The road is now open to two-way traffic. The new traffic signal poles should be installed by the end of November. Work should be complete by the end of 2017. • Major Maintenance on 3 Bridges: Work on all three project sites began on July 24 and all work is expected to be complete by March 2018. o Beacon Ave Bridge: Crews have been preparing the interior of the bridge for painting. The initial paint layer has been installed and crews are working on completing the final two coats by 11/20/17. Once the painting is completed, the concrete deck will be installed. o Frank Zepp Bridge (S 180th): The new deck overlay has been installed. Next steps include painting of the structure and completing the seismic upgrades. o Grady Way Bridge: No major impacts to Grady Way with only temporary lane closures on Longacres Drive. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 184 City Administrator's Report November 15, 2017 Page 3 • 42nd Ave Phase III: A stream bypass system is in place to allow work to continue. Pile drilling started on November 9. This project is scheduled to be complete in August 2018, barring any setbacks. • Cascade View SRTS Phase II: Completed. • Baker Blvd Non -Motorized: Contractor has completed all the curb, gutter and sidewalks at Andover Park East at Baker E3lvd and 75% of the flatwork on Christensen Rd. Asphalt restoration is scheduled for mid-November pending cooperative weather. All work should be complete by December 2017. • S 119th St Pedestrian Bridge: Work for this structure has been completed for this year. The King County maintenance crews were able to finish the girder top repairs and place a non-skid deck section on the bridge. • BAR Bridge Rehab: Contractor continues to work on material submittals and work plan approvals from the railroad. The current estimated start date for installation of piling under the bridge is November 27. The estimated completion date for the project is December 2018. • 2017 Annual Small Drainage Program: The modular wetland water quality treatment vault has been delivered and installation should take place in mid-November. After installation paving will need to be completed. At Strander Blvd work is now scheduled for the end of November. Boards and Commissions • Arts Commission: No vacancies. • Civil Service Commission: No vacancies. • Community -Oriented Policing Citizens Advisory Board: Vacant Position: Student Representative. • Equity & Social Justice Commission: Vacant Position: Student Representative. • Human Services Advisory Board: Vacant Position: Position #2 School District Representative. Two applications have been received for consideration. • Library Advisory Board: Vacant Positions: Position #7 Resident and Student Representative. • Lodging Tax Advisory Committee: No vacancies. • Park Commission: Vacant Positions: Positions #4 and #7 Community Members and Student Representative. Three applications have been received for consideration. • Planning Commission: No vacancies. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 185 186 2017 City Workplan Update -Third Quarter Task Name Lead Staff Qi Accomplishments Q2 Accomplishments Q3 Accomplishments Goal 1— A community of inviting neighborhoods and vibrant business districts David Cline Priority 1 Cultivate safe, attractive and welcoming neighborhoods David Cline 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 The Tukwila Planning Commission had a work session in August on preliminary draft zoning districts and permitted uses for the TIB Plan and discussed the type of public involvement for this implementation phase. An analysis of impact associated with rechannelization of TIB has been prepared and streetscape recommendations are being drafted for all the other neighborhood existing rights of way as well as potential new paths, alleys and streets. SPRINT Bruce Linton 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. During 3Q, sprint officers worked approximately 168.5 hours of dedicated SpRiNT time and wrote 364 NOls. The month of July there were 57 (combined-Ames/Kolstad) hours of time allocated to speed enforcement, August was 59.5 hours, September was 52 hours. Enhanced Code Enforcement Jack Pace Ongoing - reduce backlog/abatements Reduce backlog / abatement thru May, tit Code Enforcement staff vacancy in June Hired and trained 2 new Officers, Adopted streamlined code enforcement ordinance, created new forms and procedures Tukwila Works Rachel Bianchi Presented to FHS civics classes, developed Spanish language Ongong flier Promotion continued Ongoing promotion 42nd Ave. Phase III Robin Tischmak Finalized design and advertised for construction bids, Construction bids received going through final selection Construction started with utility installation and replacement of the Gilliam Creek culvert. Groundwater and failing excavation slopes have caused delay and extended the road closure. Contract changes are being processed as necessary. 53rd Ave. S. Robin Tischmak Working on finalizing easements and design Working on finalizing easements and design Finalizing easements and design. Project advertisement is expected in 1st quarter of 2018. Duwamish Gardens/Chinook Winds Robin Tischmak Construction complete. Working on ribbon cutting ceremony. Construction complete. ribbon cutting ceremony completed, Duwamish Gardens now open Project is complete other than the one-year plant warranty. Warranty is over 12/31/17 and project can move to close - out. 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. Consultants were hired. Consultants have conducted community interviews and are preparing the draft Municipal Arts Plan. 144th & 42nd Ave. S. traffic signal Robin Tischmak Contract awarded and preparing for construction start in Q2Contract awarded Construction has progressed with utility installation; curb, gutter & sidewalk construction and limited paving. Roadway was opened to westbound traffic. Comp plan implementation Jack Pace working with city council to set priorities TIB Plan and Housing underway Adopted Transportation Element update and rezone request Duwamish Hill Preserve Phase II Rick Still Project construction completed Dedication/Opening occurred on 5/13/2017 Complete 2017 City Workplan Update - Third Quarter Task Name Lead Staff Q1 Accomplishments Q2 Accomplishments Q3 Accomplishments BNSF access implementation Robin Tischmak Access study SEPA process underway. Access study SEPA process underway. Still in process Duwamish bridge repair and painting Robin Tischmak On hold pending dry warm weather Repair and Painting in progress Repairs are complete for 2017. Painting of the bridge and non -slip coating of the bridge deck will be applied in 2018. Update Landscape and Tree Ordinances Jack Pace Adopted updated Landscape Ordinance Staff drafting Tree Ordinance Staff and Committee review of tree ordinance TIB & 142nd 5. crosswalk Robin Tischmak Waiting for results on 2016 grant application Waiting for results on 2016 grant application City did not receive grant, will continue to look for other funding sources 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. Design finalized and bids solicted for the fence work. All other work will be performed in house by parks staff. Completion by end of year. 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 Staff conducted internal program evaluation in preparation for 2018 events. Cascade View Safe Routes to School Phase II Robin Tischmak Finalizing design Finalizing design Construction started with utility installation and curb/gutter/sidewalk construction. Final paving and project completion are scheduled for the 4th quarter of 2017. Priority 2 Promote dynamic urban environments David Cline 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. Still pending City decision. Traveler's Choice Motel Site Derek Speck No work scheduled for 2017 01 Site is used as a laydown yard for the City's 144th Street construction. Continued use as laydown yard. Tukwila Village Phase 1 Derek Speck Under construction. Reviewed project financials. Escrow planned for early May. Escrow closing for phase one scheduled for July. Escrow closed and sale completed in July. Tukwila Village Phase 2 and 3 Derek Speck No work scheduled in 2017 01. Developer submitted final building for design review. Building B in design review process. Southcenter pedestrian bridge Robin Tischmak Construction has started Construction has started - Major construction Including bridge installation is complete. Substantial completion and a planned opening by end of year. Southcenter plan implementation Jack Pace Ongoing meetings with developers regarding housing projects Pre -App for Broadstone Apts./developer is preparing application for submittal Approved Broadstone Apts. design review, reviewing the development permits. Washington Place opening Derek Speck No work scheduled in 2017 Q1 Opening expected in early 2018. Hotel opening expected in spring 2018. Residential expected in summer 2018. CBD sewer rehabilitation Robin Tischmak Completing design Completing design Project is physically complete for 2017 construction. Close - out is next. Design for 2018 construction work is underway. 2017 City Workplan Update - Third Quarter Task Name Lead Staff Qi Accomplishments Q2 Accomplishments Q3 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 Co -hosted construction jobs event at Foster High. 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. Summer interns hired, program completed and being reviewed for expansion in 2018 TSD Capital Plan Jack Pace Conditional Use permit Approval for the Transportation Services Building Building permit issued for Cascade View: Staff report/hearing Foster High School - Parking Variance, Conditional Use Permit/Design Review; Staff report/hearing Birth to K - Variance, Conditional Use Permit/Design Review Staff is working with TSD to modify their land use approvals due to the deletion of the B2K building. Highline Schools Mia Navarro Effort scheduled to start third quarter, 2017. Effort scheduled to start third quarter, 2017. Ongoing SCA, PSRC, AWC, NLC Rachel Bianchi Ongoing participation in key events Ongoing participation in key events Ongoing Local and regionalRachel governmentsOngoing Bianchi Ongoing participation in key participation in key regional efforts. Ongoing King County -Cities Collaboration (K4C) Jack Pace,Robin Tischmak 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 Staff is attending relevant meetings. Priority 4 - Encourage healthy, safe and affordable housing David Cline Housing Plan Rachel Bianchi Workshop scheduled Plan to be developed after workshop conclusion. Tasks identified on plan being implemented. Ongoing 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 Completing rental inspections and responding to complaints Housing regional consortium Jack Pace staff attending meetings Staff attending regional 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 Brought ADU policy options to Council, PC hearing scheduled Minor Home Repair Program Stacy Hansen Program continues in place. Program continues in place. Ongoing Utility discounts Robin Tischmak committee will meet second quarter committee will meet second quarter Discussion in Committee 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. Ongoing O O 2017 City Workplan Update - Third Quarter Task Name Lead Staff Q1 Accomplishments Q2 Accomplishments p Q3 Accomplishments Goal 3 —A Diverse and Regionally Competitive Economy David Cline Priority 5 - Maximize Tukwila's significant econmic strength and potential David Cline Planned Capital Funding Peggy McCarthy Staff met with our financial advisors and bond counsel to discuss the next bond issuance. This item will be discussed with the Finance Committee at the second meeting in April. The draft POS has been prepared; the draft bond ordinance has gone to the Finance Committee and is expected to be approved by Council on June 19th; The P05 will be distributed at the end of; The bond sale is scheduled for July 13th; Bonds were issued in July for the Residential Street projects. The bond ordinance for refinancing the urban renewal short term debt will be presented to COW on 10.23.17 Economic Development Plan Derek Speck Mayor's 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. Public outreach and additional research has been moved to early 2018. Lodging Tax Advisory Committee Brandon Miles Council briefed on permitted uses of funds, began accepting 2017 applications. Advocated to State officials to protect use of lodging tax funds for attracting day visitors. Council approved grants and contracts. Lodging tax used for sponsoring family night at S2. 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. Partnered with Chamber to submit nominations for the KC Executive's Small Business Awards. Three Tukwila businesses received awards. Southcenter Marketing Partnership Brandon Miles Consultant conducted surveys of residents of Tukwila and the region. Council approved brand brand concept for day tourism. Staff will bring a proposed brand with options to Council in third quarter. Council approved brand mark. Staff will proposed brand guidelines and strategy in Q4. Completed new business attraction marketing materials. Soundside Alliance for Economic Brandon Miles Continued staffing. Continued staffing. Reviewed Port proposal to expand Soundside's work. Continued staffing. Tukwila Valley South Jack Pace Processing land divisions Processing application for subdivision of property Final plat application was submitted for review. Council review is scheduled. Duwamish Corridor EIS Update Jack Pace Boeing driven timeline Waiting for Boeing to submit proposed update Waiting for Boeing to submit proposed update Central business district infrastructure investments Robin Tischmak Preparing information for committee Preparing information for committee Ongoing Rehabilitation of three bridges Robin Tischmak Advertised for construction bids Advertised for construction bids Repairs have begun on all bridges. 10 -day closure for deck overlay on S 180th St Bridge was completed successfully. Work will continue on all bridges in 4th quarter and possibly into 2018. 2017 City Workplan Update - Third Quarter Task Name Lead Staff Qi Accomplishments Q2 Accomplishments p Q3 Accomplishments Boeing Access Road bridge rehabilitation Robin Tischmak Advertised for construction bids Advertised for construction bids Construction started with coordination involving BNSF Railroad. Substructure re -enforcement is underway. Project will continue into 2018. 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. Continued networking at chamber and other events. 2017 City Workplan Update - Third Quarter Task Name Lead Staff Q1 Accomplishments Q2 Accomplishments Q3 Accomplishments Goal 4—A High Performing and Effective Organization David Cline Priority 6 - Ensure organizational effectiveness and responsible financial stewardship David Cline Implement Public Safety Plan Rachel Bianchi Hired SOJ for overall project management; issued RFQs for Fire Station Design and Real Estate Consultant; hired FACETS for Fire Station Location Study Fire Station Design and Real Estate Consultant hired ;FACETS Fire Station Location Study completed Open houses held, site selection process begun, Fire station in schematic design, Hired Justice Center architects Enhanced community reporting and online services: Bruce Linton Deployed baseline Spillman RMS application for general use in PD, Deployed new medical data cloud application (ESO) to document medical procedures for emergecy patients, Deployed ArcGIS online, integrated single source addressing Deployed baseline Spillman RMS application for general use in PD, Deployed new medical data cloud application (ESO) to document medical procedures for emergecy patients, Deployed ArcGIS online, integrated single source addressing Spillman deployed P&R.Membership and Room Management Software Rick Still Kicked off initial configuration of new cloud based parks and recreation software. Go Live August 1st Config., Deployment, and Training going very well. Software implementation is continuing. Staff are working through issues as they arise. Most programs are available to utilize the online registration process with the exception of programs with payment plans and the fitness membership program. Police records management Bruce Linton Deployed baseline Spillman RMS application for general use by police officers and records management team Hired the TS Systems Administrator assigned to Spillman. Problem- solved major initial implementation issues. All Spillman interfaces are beyond the 50 percentile completion phase. TS and PD members attended the Spillman Conference and were able to facilitate the latest updates/fixes to several system problems. Fire Jay Wittwer Deployed new medical data cloud application (ESO) to document medical procedures for emergecy patients Configurations of ESO cloud application still under way. Ongoing eTraklT Jack Pace,Joseph Todd Deployed credit card fee update to etrakit online Monitoring Deployed credit card fee update to etrakit online eTrakit working for public information and inspection review but not online permit submittal. GIS Joseph Todd Purcahsed needed extra modules for GIS application to do data analysis, Deployed ArcGIS online, integrated single source addressing into GIS database, deployed city I - map to ArcGis online for testing. deployed city i -map to ArcGis online curently in beta testing with a go live date of August 1, 2017 Onoing Blue Beam Jack Pace,Joseph Todd TBD Q3 TBD Q3 Testing product 2017 City Workplan Update - Third Quarter Task Name Lead Staff Q1 Accomplishments Q2 Accomplishments Q3 Accomplishments Technology infrastructure investments Joseph Todd Negotiated lease agreemet with dell to squire new desktop harware for city employees, Implemented sharepoint training for transition of file shares to the cloud, deployed city wireless Deployment of laptops has started, Starting transition from file shares to sharepoint, Currently testing network monitoring software, Lanteria performance management and training has started Ongoing Performance measures/budget process . Vicky Carlsen In February, staff attended a Priority Based Budgeting demonstration at Snoqualmie City Hall. The idea of hiring an ICMA Fellow to assist with the project has been introduced. Contact Center for Priority Based Budgeting to see how they can assist in increasing community involvement and developing performance measures. Presentation to Council and contract signed with Center for Priority Based Budgeting. Work group consisting of staff from all departments has been identified, kick off meeting held. Administrative departments currently drafting programs. Review and update impact fees Peggy McCarthy Three meetings have been held to discuss the approach to the update. At the last meeting, it was decided to look into retaining a consultant to assist. The Impact Fee Committee, has convened five meetings to date; Key decisions include hiring a consultant to prepare the rate study; An RFQ was drafted. Consultant was selected and the impact fee ordinance is scheduled to be reviewed by the Finance Committee in November Continue to meet financial reserve policy Peggy McCarthy The reserve policy compliance will be reported on in May through the 4th quarter 2016 financial report. On June 5th, Vicky Carlsen, in connection with the City's 2016 year-end financial report, informed Council that the general fund and contingency fund reserve requirements had been met for 2016; A reserve policy update may occur in the last quarter of the Revisions to the reserve policy is in process to be in Finance Committee in November. 2017 City Workplan Update - Third Quarter Task Name Lead Staff Q1 Accomplishments Q2 Accomplishments Q3 Accomplishments Goal 5 —A Positive Community Identity and Image Economy David Cline Priority 7 - Foster civic pride and an informed community David Cline Night Out Against Crime Bruce Linton Scheduled for August 1, 2017 Flyers sent to City staff and citizens The PD participated in several iterations of Coffee With A COP during the quarter. Attended Touch A Truck in July. The Community Liaison Team (CLT) assisted the Abu Bakr Mosque with logistical support for the Eid celebration at the Mosque. 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. Community Connectors were active participants in open house for Public Safety Plan TukTV Rachel Bianchi Continued to produce original programming. intern hired and producing new videos. Ongoing Hazelnut Rachel Bianchi Hazelnut published in March. Ongoing Tukwila Reporter Rachel Bianchi City Pages produced on time and with relevant content. City Pages produced on time and with relevant content. Ongoing Facebook & Twitter Rachel Bianchi Implemented cross -departmental social media group; continue to post timely, relevent content. Implemented cross -departmental social media group; continue to post timely, relevent content. Ongoing Enhanced website Rachel Bianchi Continue to keep website current. Continue to keep website current. Ongoing E -Hazelnut Rachel Bianchi E -Hazelnut published in a timely fashion; process identified to mine email addresses for more readership. Deferred to Q4 due to workload Ongoing 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 KaBoom play equipment installed at Cascade View Park. Community calendar Rachel Bianchi Continue updating website calendar Continue updating website calendar Ongoing City annual report Rachel Bianchi Report Published and distributed online Report Published and distributed online Completed 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 Grant completed, but continued work promoting Healthy Tukwila through P&R programs, services and events. Monthly newsletter will continue. Green Tukwila Rick Still Council Resolution adopting 20 -Year Plan 3-6-17 Council Resolution adopting 20 -Year Plan 3-6- 17 Planning underway for our first Green Tukwila event (Oct 14, 2017). 2017 City Workplan Update - Third Quarter Task Name Lead Staff Q1 Accomplishments Q2 Accomplishments Q3 Accomplishments Police Dept. Community Liaison Team Bruce Linton 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 Oly The CLT team was able present to the Buthanese community at the Samara Apartments on two separate occasions. NBC News was present developing a story on the refugees in that community. The interaction was a remarkable success and furthered our mission to "Improve the quality of life for all through community partnerships and problem solving to promote safe, secure neighborhoods." Special events calendar Rick Still Event Calendar distributed and posted on the city website. Event Calendar distributed and posted on the city website. Event Calendar distributed and posted on city website. Ongoing support of block watches Bruce Linton Met with joint blockwatches along S. 164th and 49th Ave S. over concerns 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 Informed PD attended National Night Out Against Crime. This year 15 PD staff members visited 17 Parties. 196 November 15, 2017 TO: Tukwila City Council FROM: Steve Goldblatt PMQA Consultant RE: Public Safety Plan November update The Project Executive Team (PET) has had another productive month on all fronts. Timely due diligence, access, and property acquisitions are key to maintaining the Plan's momen- tum. FIRE STATIONS • Site acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for Fire Station 54's property in February or March. • • • Schematic design Weinstein AU is performing Station 51 schematic design, scheduled for completion by the end of this year. With input from the GC/CM (Lydig, when approved), the sche- matic design estimate will be the first "real" number that the Council sees in January. Sustainability features The Council can expect to see a short list of sustainability options for Fire Station 51 with their ROM (rough order of magnitude) budgets as schematic design alternates for GC/CM pricing. GC/CM approval On Public Safety's 6 November recommendation, Council approval of Lydig Construc- tion as GC/CM and Lydig's pre -construction services contract will be sought 20 No- vember. Equity/diversity and local participation Based on a 15 May discussion in Public Safety, the PET is considering piloting a pro- gram similar to the City of Seattle's: formalized in a Project Labor Agreement (PLA) and/or Community Workforce Agreement (CWA). The Council needs to weigh the cost and efficacy of a formal PLA/CWA approach in light of your draft equity policy, your apprenticeship requirements (Resolution 1814), and the stations' budget stress. Lydig has a very good track record on GC/CM projects with disadvantaged business enter- prise and apprenticeship utilization. The topic will return to Public Safety 20 Novem- ber to discuss staff input on its 31 October meeting with the City of Seattle and alter- nate approaches. 197 JUSTICE CENTER • Property acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for the Justice Center's properties in February or March. • • Programming Pending Public Safety's 4 December recommendation, the Council should expect DLR's program with an estimate 11 December. This estimate will only be as (un)certain as Fire Station 51's 2040 programming estimate. GC/CM authorization and selection The Justice Center's GC/CM application was submitted 1 November for consideration 30 November by a panel of the State's Project Review Committee. Upon the PRC's ap- proval, GC/CM selection will begin in December. The Council should expect a recom- mendation in February. CONSOLIDATED SHOPS • Property acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for the Shop's properties in February or March. SCHEDULE • Tight schedule The overall schedule remains very ambitious. With so many activities under way, there is little room for any missteps to meet the Plan's milestones. PROPERTY ACQUISITIONS • Due diligence On Public Safety's 6 November recommendation, Council approval will be sought 20 November on contracts to conduct surveys, environmental reviews, and geotechnical analyses to prepare for property acquisitions. BUDGET Project and program contingencies Without a budgeted program contingency, there will be pressure on all program ele- ments' budgets for the life of the Plan. At its 3 October meeting, the Finance Committee began discussing with staff how to approach the Plan's significant financial gap. The Committee directed staff to look at all options in conjunction with the development of the 2019-2020 biennial budget. PMQA update November 15, 2017 page 2 198 Market conditions Like the Fire Stations, the Justice Center and Consolidated Shops budgets will need to be sensitive to tight construction market conditions and increasing property values. These external budget pressures will manifest themselves as property is procured and project estimates are refined. LEGEND • Meeting target Proceeding as planned. Caution advised Steps needed to meet target. • Correction needed Steps needed to attempt recovery. PMQA update November 15, 2017 page 3 199 200 Upcoming Meetings & Events November/December 2017 20th (Monday) 21st (Tuesday) 22nd (Wednesday) 23rd (Thursday) 24th (Friday) 25th (Saturday) > Public Safety Cmte, 5:30 PM (Hazelnut Conference Room) > City Council Regular Mtg., 7:00 PM (Council Chambers) > Finance Cmte, 5:30 PM (Hazelnut Conference Room) Riverton Creek Work Party Join the Green Tukwila Partnership for this kick-off event for restoration work along Riverton Creek. 11:00 AM- 2:00 PM (37`h Ave S and S.128`h Street) www.forterra.org/ events. Thanksgiving Day City offices and Tukwila Community Center closed. City offices and Tukwila Community Center closed. Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 — 10:00 AM For location or information contact Sharon Mann 206-200-3616 27th (Monday) 28th (Tuesday) 29th (Wednesday) 30th (Thursday) 1st (Friday) 2nd (Saturday) > Community Development & Neighborhoods Cmte., 5:30 PM (Hazelnut Conference Room) > City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) > Transportation & Infrastructure Cmte., 5:30 PM (Foster Conference Room) > Public Safety Plan Siting Advisory Cmte, 6:30 PM (Hazelnut Conference Room) Public Information Meeting 4:30 to 6:30 PM Valley View Library (17850 Military Rd S., SeaTac) Design Review, Unclassified Use Permit and SEPA Review of a proposal to construct a new pump station (at 16032 42nd Ave. S.) Staff from Highline Water District and the City of Tukwila will be available to answer questions about the project. Public Safety Plan Open House Come get updates on facility siting. 10:00 AM - Noon King County Water District #125 at 3460 So. 148th St. (in the Valley View Sewer District Community Room) > Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. ➢ Civil Service Commission: 1st 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. > 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. Contact Laurel Humphrey at 206-433-8993. (A) A technology upgrade for the Emergency Management Emergency Operations Center. (B) Parks and Fire impact fees. (C) An ordinance regarding financing for the Public Safety Plan Public Works shops facility. (D) Commercial parking tax legislation. (E) A resolution adopting a City of Tukwila equity policy. (F) A resolution regarding non -represented employees' salary compensation 2018. (G) An enterprise license agreement with Esri for GIS mapping software. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. >Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) An ordinance relating to vehicle trespass. (B) Public safety facilities business assistance plan. (C) An update on the design of Fire Station 51. (D) Public Safety Plan proposed contracting requirements. ➢ Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. >Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room. Contact Laurel Humphrey at 206-433-8993. Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. 201 Tentative Agenda Schedule MONTH MEETING 1 - REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. November 6 13 20 See agenda packet cover sheet for this week's agenda: November 20, 2017 Regular Meeting. 27 Special Issues An ordinance updating regulations regarding distribution of REET (Real Estate Excise Tax) funds. Collective bargaining agreements for Teamsters. A contract change order (Final Settlement) with Walsh Construction for the Interurban Ave South Project in the amount of $1,081,259.15. December 4 Consent Agenda 11 18 26 (Tuesday) Collective bargaining agreements for Teamsters. Public Hearing A Quasi -Judicial Hearing on the Tukwila South Final Plat — Phase 1. Unfinished Business Approve the Tukwila South Final Plat — Phase 1, creating a new lot layout and phasing plan for parcels within the Tukwila South Development. Report from the Public Safety Bond Financial Oversight Committee. An ordinance updating regulations regarding distribution of REET (Real Estate Excise Tax) funds. A contract change order (Final Settlement) with Walsh Construction for the Interurban Ave South Project in the amount of $1,081,259.15. An ordinance authorizing and providing for the acquisition of interests in land for the purpose of completing the 53rd Avenue South roadway and surface water drainage system projects. Notice of Final Action. 202