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HomeMy WebLinkAboutREG 2018-11-19 COMPLETE AGENDA PACKETh, GI Tukwila City Council Agenda • •:* REGULAR MEETING •• • \IOLA Allan Ekberg, Mayor Councllmembers: + Dennis Robertson + Kathy Hougardy David Cline, City Administrator + De'Sean Quinn + Kate Kruller Verna Seal, Council President + Thomas McLeod + Zak Idan 190 Monday, November + EXECUTIVE SESSION — 6:00 PM — 6:30 PM (30 minutes) •:. Potential Litigation — Pursuant to RCW 42.30.110(1)(i) 4 LOCATION: Hazelnut Conference Room (CR #3) 19, 2018; 7:00 PM • Ord #2591 • Res #1948 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. 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.) 3. CONSENT AGENDA a. Approval of Minutes: 11/5/18 (Regular Mtg.) b. Approval of Vouchers c. Mayor's Office contracts/agreements: (1) Authorize the Mayor to sign a contract with the Walls Law Firm for 2019-2020 prosecution services in the amount of $13,100.00 per month. (2) Authorize the Mayor to sign a contract with Kirshenbaum & Goss, Inc., P.S., for 2019-2020 public defense services in the amount of $30,600.00 per month. (3) Authorize the Mayor to sign a contract with Kenyon Disend, PLLC, for 2019-2020 legal services in the amount of $33,940.00 per month, plus expenses. (4) Authorize the Mayor to sign a lease agreement with Sound Cities Association for office space in the 6300 Building through December 31, 2020. (5) Authorize the Mayor to sign a 2019-2020 lease agreement with Alliance One Receivables Management, Inc., for use of space in the Municipal Court in the amount of $930.00 per month, plus a leasehold excise tax of $119.41 per month. [Reviewed and forwarded to Consent by the Finance Committee on 11/6/18j d. Authorize the Mayor to sign an Interlocal Agreement with the Washington State Department of Revenue for business licensing. [Reviewed and forwarded to Consent by the Finance Committee on 11/6/18j e. A resolution ordering the cancellation of past due accounts receivable. [Reviewed and forwarded to Consent by the Finance Committee on 11/6/18j f. Accept as complete the 2017 Overlay and Repair Program (contract #17-141) with ICON Materials, Inc.; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $563,162.38). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/13/18.] (continued...) Pg.1 Pg.15 Pg.33 Pg.47 Pg.63 Pg.75 Pg.91 Pg.101 REGULAR MEETING November 19, 2018 Page 2 3. CONSENT AGENDA (cont.) g. Accept as complete the Baker Boulevard Non -Motorized Improvement Project (contract #17-128) with Road Construction Northwest, Inc.; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project: $828,198.09). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/13/18.J h. Authorize the Mayor to sign a value engineering consultant contract for the Strander Boulevard Extension Phase 3 Project in an amount not to exceed $75,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 11/13/18.] Pg.109 Pg.117 4. UNFINISHED BUSINESS a. A resolution adopting the 2019 Legislative Agenda. b. Tax levy legislation (1) An ordinance levying the general taxes for the fiscal year commencing January 1, 2019, 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. (2) An ordinance increasing the regular levy from the previous year commencing January 1, 2019, on all property, both real and personal, in compliance with RCW 84.55.120. c. A resolution adopting updated policies related to the Financial Planning Model and other general financial policies. d. A resolution establishing a compensation policy for City employees and repealing Resolution No. 1796. e. A resolution repealing Resolution No. 1913 and adopting a revised business license fee schedule. f. An ordinance to add a business license fee exemption for certain public card rooms. g. Discussion on proposed 2019-2020 biennial budget and 2019-2024 Capital Improvement Program. 9 Please bring your budget books. Q Pg.137 Pg.141 Pg.149 Pg.155 Pg.161 Pg.167 Pg.175 5. NEW BUSINESS 6. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Council Analyst - Monthly Report from the Program Management Quality Assurance (PMQA) provider for the Public Safety Plan Pg.177 Pg.179 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT Reasonable City Clerk's www.tukwilawa.00v, Tukwila City Hall is ADA accessible. accommodations are available at public hearings with advance notice to the Office (206-433-1800 or TukwilaCitvClerk©TukwilaWA.00v). This agenda is available at and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.govi 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 Mayor's review Council review 11/19/18 CT O'r ITEM INFORMATION ITEM NO. 3C.1 Si';\I1 SPONS( )R: DAVID CLINE ORIGINAL AGENDA DATE: 11/19/18 AGENDA IT] ;NI TITLE 2019-2020 Contract with the Walls Law Firm for Prosecution Services CATEGORY LI Discussion Mg Date 2 Motion Date 11/19/18 E Resolution Mtg Date 0 Ordinance Mg Date 111 Bid Award AI ts Date 0 Public Hearin, A Ir:g Date 0 Other Mtg Date AN SPONSOR LICouncil VAMayor III FIR LIDCD LIFinance LIFire LITS ope7R LIPolice PIV EC.outl SP oNS( )it's The current contract for prosecution services expires December 31, 2018. The 2019-2020 SUMMARY contract decreases the flat rate to $13,100 per month, a reduction of three percent. RINikvoq) BY LI C.O.W. Mtg. 111 Trans &Infrastructure DATE: 11/06/18 . CDN Comm Finance Comm. Public Safety Comm. Comm. 11] Planning Comm. CHAIR: QUINN LI Arts Comm. El Parks COMMITTEE RECOMMENDATIONS: SPoNsoR/ADmiN. CommITIEF Mayor's Office Unanimous Approval; Forward to 11/19/18 Consent Agenda COST IMPACT / FUND SOURCE EMI ;1\11)1TURK RkQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/26/2018 Draft Contract for Prosecution Services Minutes from 11/06/18 Finance Committee 2 Allan Ekberg, Mayor TO: Mayor's Office - David Cline, City Administrator Mayor Ekberg Finance & Safety Committee FROM: David Cline, City Administrator DATE: October 26, 2018 SUBJECT: Contract for Prosecution Services BACKGROUND Since 2011 Kenyon Disend has subcontracted prosecution services. As of August 31, 2018, they discontinued providing any prosecution services. At that time, the City entered into a short-term agreement with the Walls Law Firm, who had been subcontracting with Kenyon Disend, for the remainder of the 2018. The City advertised a Request for Qualifications and Proposals for Prosecution Services for 2019 - 2020 in the Seattle Times and the Daily Journal of Commerce and with the King County Bar Association and the Washington Association of Prosecuting Attorneys. DISCUSSION The Walls Law Firm has provided prosecution services to the City of Tukwila for several years through a contract with Kenyon Disend. When Kenyon Disend decided to discontinue providing prosecution services the City opted to take the opportunity to go through an RFQ/RFP process. The Walls Law Firm was the only one to submit a proposal. The Walls Law Firm's proposal highlights their prosecution philosophy: Consequences to discourage wrongdoing, rehabilitative requirements to reduce recidivism, and protection of victims and the community, which aligns with the City's Strategic Plan. They are committed to providing effective prosecution that is mindful of the City's resources yet innovative in meeting new challenges as they arise. In conjunction with the City's efforts to reduce 2019-2020 budget expenditures by three (3) percent, the Walls Law Firm has proposed to provide prosecution services at a rate of $13,100 per month which represents a three (3) percent reduction from their current monthly rate of $13,500 per month. City staff recently conducted a survey comparing prosecution costs from local jurisdictions and found that this is a comparable rate. While only one proposal for services was submitted, the proposal includes all the services required by the City to provide quality prosecution services, the attorneys have extensive prosecution experience and have established positive working relationships with the Municipal Court, the Police Department and the Public Defense Attorneys, and the proposed rate of compensation is Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 3 Memo re: Contract for Prosecution Services October 26, 2018 Page 2 comparable with other local jurisdictions. For those reasons, City staff is recommending acceptance of the proposal from the Walls Law Firm for prosecution services. RECOMMENDATION The Committee is being asked to move this contract forward to the consent agenda of the November 19, 2018 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Contract for Prosecution Services for 2019-2020 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 4 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR PROSECUTION SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and the Walls Law Firm hereinafter referred to as "the Contractor. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, ordinances and rules applicable to the performance of such services and the handling of any funds used in connection therewith including the provisions of the Washington Supreme Court Order 25700-A-1013 and the public defense standards adopted by the City pursuant to TMC 2.70. Compliance with these standards goes to the essence of this Agreement. The Contractor shall request and obtain prior written approval from the City if the scope of services is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2019 and ending December 31, 2020 unless sooner terminated under the provisions hereinafter specified or extended by the express written consent of Contractor and the Mayor or his designee. 4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or Walls Law Firm 2019-2020 Page 1 of 8 5 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Professional Liability Insurance: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Professional Liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement 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. 6 Walls Law Firm 2019-2020 Page 2 of 8 3. Commercial General Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 3710 01 or substitute endorsements providing equivalent coverage. 4. Workers' Compensation: The Contractor shall procure and maintain Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute 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. Contractor 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 Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of Walls Law Firm 2019-2020 Page 3 of 8 7 any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement, to the extent permitted by law. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this agreement, shall not discriminate against any employee, applicant for employment, on the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any sensory, mental or physical disability in the selection and retention of employees or procurement of materials or supplies. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 13. 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. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 8 Walls Law Firm 2019-2020 Page 4 of 8 Notices to the Contractor shall be sent to the following address: The Walls Law Firm 16300 Christensen Road Suite 360 Tukwila WA 98188 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 2018. CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Aaron Walls, Attorney, WSBA No. 25266 ATTEST/AUTHENTICATED: APPROVED AS TO FORM: Christy O'Flaherty, City Clerk Rachel Turpin, City Attorney Walls Law Firm 2019-2020 Page 5 of 8 9 EXHIBIT A - SCOPE OF SERVICES 1. Review, make filing decisions, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes and represent the City on all contested traffic hearings. 2. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of Tukwila including but not limited to: in-custody/out-of-custody arraignments, pre-trial hearings and motions, readiness hearings, bench and/or jury trials, sentencings, review hearings and appeals. 3. Conduct investigations, contact witnesses, conduct plea bargain negotiations and make appropriate plea offers consistent with the laws and regulations as well as City of Tukwila standards and policies, make sentencing and bail recommendations to the Court, prepare and present legal memoranda, subpoenas, jury and other related materials, argue motions, represent the City at restitution hearings, conduct bench and/or jury trials. 4. Administrative functions relating to criminal prosecution and contested traffic hearings such as creation and maintenance of files, and completion of discovery requests. All files shall remain property of the City and shall be returned to the City upon termination of this Agreement or upon request by the City. Contractor shall retain all records in accordance with Washington State document retention laws. 5. Provide legal research, training and assistance to the Tukwila Police Department including statutory interpretation, enforcement issues and case decisions. Attend police department administrative staff meetings as requested. 6. File and defend appeals of municipal court decisions. 7. Contractor agrees to attend seven (7) hours of prosecution focused training each year. This requirement also applies to all associate counsel. Each Attorney will submit a copy of their Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report. 8. Reporting: Contractor agrees to submit the following reports: • Monthly Statistics Reports: This report shall take substantially the same form as that attached hereto as Exhibit C and shall be submitted with the monthly invoice; • An Annual Report detailing the number of cases filed for the year, the number of cases referred for pre -filing diversion, the number of cases where pre -filing diversion was successfully completed, the number of cases where stipulated orders of continuance or deferred prosecution was agreed to and the number of cases dismissed. 0 Walls Law Firm 2019-2020 Page 6 of 8 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. For all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $13,100. 2. The Contractor shall invoice the City by the 10th day of each month for the previous month services. Watts Law Firm 2019-2020 Page 7 of & ,� EXHIBIT C - PROSECUTION MONTHLY REPORT CASES New Filings Cases Declined PRE -FILING DIVERSION Referred for pre -filing diversion Successful completion of pre -filing diversion DISPOSITIONS Deferred Prosecution SOC/ Pre -Trial Diversion Agreement DWLS 3 Amended to Infraction Dismissals prior to Readiness TRIALS SET TRIED Stipulated Facts Trial Bench Trial Jury Trial Dismissals - Post Readiness/Day of Trial /, ;= 12 Walls Law Firm 2019-2020 Page 8 of 8 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 6, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Peggy McCarthy, Vicky Carisen, Bruce Linton, Chris Flores CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. MAYOR'S OFFICE CONTRACTS AND AGREEMENTS Staff is seeking Council approval of the following contracts and agreements: Prosecution Services Contract with the Walls Law Firm for a flat rate of $13,100 per month, which is a 3% reduction from their current monthly rate. Public Defense Services Contract with Kirshenbaum & Goss, Inc. for a flat rate of $30,600 per month for 2019 and 2020, which is a reduction from the 2017-2018 rate of $32,600. City Attorney Services Contract with Kenyon Disend for general City Attorney services, public records support, litigation and contested administrative proceedings, specialized services, and paralegal services in the amount of $33,940 per month. Lease Agreement with Sound Cities Association Renewed lease agreement with Sound Cities Association for office space in the 6300 Building for a base rent of $24,820.00 in 2019 and $25,550 in 2020. In addition to the base rent, SCA will pay leasehold excise tax at the rate of 12.84%. Provisions also include internet services for $100/month, payment of long distance and toll calls, and after-hours emergency callouts or other agreed upon project work at a flat rate of $150/hour. Lease Agreement with Alliance One Renewed lease agreement with Alliance One Management Receivables for space in the court area at a rate of $930/month, which represents a 3.33% increase. In addition to the monthly rent, Alliance One will pay leasehold excise tax at the rate of 12.84%. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 13 14 COUNCIL AGENDA SYNOPSIS Initials ---------- ------------ ---------- Meeting Date 11/19/18 Prepared by CT Mayor's review Council review ITEM INFORMATION ITEM No. 3C.2 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 11/19/18 AGENDA ITENt TITLE 2019-2020 Contract with Kirshenbaum & Goss, Inc. P.S. for Public Defense Services CATIX)RY Discussion Mtg Pole El Motion Mg Dote 11/19/18 111 Resolution Mtg Date [1] Ordinance MtgDate E Bid Award Mtg Date Public flearing Mtg Date 0 Other Mtg Dote Si' )NS( )1t I. Council Mayor 01-1R ODCD Finance E. Fire ITS OP&R Police P V Li Court Si' ()Nsoie S The current contract for public defense services expires December 31, 2018. The 2019- SUMMARY 2020 contract decreases the flat rate to $30,600 per month in alignment with a decrease in case assignments. Rivii WED BY C.O.W. Mtg. 111 CDN Comm El Trans &Infrastructure Arts Comm. DATE: 11/06/18 Finance Comm. Comm. CHAIR: Public Safety Comm. Parks COMMITTEE U Planning Comm. QUINN RECOMMENDATIONS: SPONSOR/ADMIN. CommITIEI Mayor's Office Unanimous Approval; Forward to 11/19/18 Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/26/2018 Draft Contract for Public Defense Services Minutes from 11/06/18 Finance Committee 15 16 Allan Ekberg, Mayor TO: Mayor's Office - David Cline, City Administrator Mayor Ekberg Finance & Safety Committee FROM: David Cline, City Administrator DATE: October 26, 2018 SUBJECT: Kirshenbaum & Goss, Inc. P.S. Contract for Public Defense Services ISSUE The current contract for public defender services provided by Kirshenbaum & Goss expires December 31, 2018. Attached is a proposed contract for 2019-2020. BACKGROUND The City of Tukwila contracts for public defense services providing legal representation for indigent criminal defendants who qualify for appointment of counsel from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. DISCUSSION As Council may recall, Public Defense Standards were adopted by the Washington State Supreme Court effective January 1, 2015. These standards delineate the number of cases each attorney can handle per year and mandates that compensation include administrative and training costs. In addition to the new Public Defense Standards the federal court decision, Wilbur v. Mt. Vernon also mandates significant changes to public defense programs. In 2017-2018 we paid a flat rate of $32,600 per month for public defense services to maintain a Public Defense Program that fully complies with these requirements. We have evaluated the components of our program and recommend that we reduce the flat rate to $30,600 per month for 2019 and 2020. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda of the November 19, 2018 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Contract for Public Defense Services for 2019-2020 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 17 18 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR PUBLIC DEFENSE SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirshenbaum & Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor," WHEREAS, the City has a need to have legal services available for citizens, charged with a crime who are deemed indigent and are entitled to the effective assistance of counsel at the public expense; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith, including the provisions of Washington Supreme Court Order 25700-A-1013 and the public defense standards adopted by the City pursuant to TMC 2.70. Compliance with these standards goes to the essence of this Agreement. The Contractor shall request and obtain prior written approval from the City if the scope of work or schedule of services is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. Compensation is based upon the historical case count for the City of cases per year, averaging 1200 cases per year. In compliance with the public defense standards, the case counts include the Contractor's appearance at 48 arraignment calendars per year. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2019 and ending December 31, 2020 unless sooner terminated under the provisions hereinafter specified. 4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Kirshenbaum & Goss 2019 - 2020 Page 1 of 11 19 Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Professional Liability Insurance: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Professional Liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement 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. 20 Kirshenbaum & Goss 2019 - 2020 Page 2of11 3. Commercial General Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed forthe City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 3710 01 or substitute endorsements providing equivalent coverage. 4. Workers' Compensation: The Contractor shall procure and maintain Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute 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. Contractor 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 Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Kirshenbaum & Goss 2019 - 2020 Page 3 of 11 21 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement, to the extent permitted by law. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this agreement, shall not discriminate against any employee, applicant for employment, on the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any sensory, mental or physical disability in the selection and retention of employees or procurement of materials or supplies. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 12. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 13. 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. 22 Kirshenbaum & Goss 2019 - 2020 Page 4 of 11 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: Kirshenbaum & Goss, Inc. P.S. 1314 Central Ave S Ste. 101 Kent, WA 98032-7430 15. Applicable Law, Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 2018. CITY OF TU KWI LA CONTRACTOR: Allan Ekberg, Mayor David Kirshenbaum Attest/Authenticated: Approved as to Form: Christy O'Flaherty, City Clerk Rachel Turpin, City Attorney Kirshenbaum & Goss 2019 - 2020 Page 5 of 11 23 EXHIBIT A - SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house public defense office. In particular, Contractor agrees to: A. Provide legal representation services in accordance with the standards adopted by the City in TMC 2.70, the standards set forth by the Washington State Bar Association Standards for Indigent Defense Services, the Rules of Professional Conduct, Wilbur v. Mt. Vernon, other related case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases for all indigent criminal defendants charged with a misdemeanor or gross misdemeanor under ordinances of the City who qualify for appointment of counsel. The Contractor agrees to attempt to contact the client within 72 hours of notification of appointment. The Contractor shall provide legal representation for each of these defendants from time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. B. Pursuant to TMC 2.70.50 Standard 8, the Contractor shall maintain a case reporting and case management system that includes number & type of cases, attorney hours and disposition. C. Determination of indigency for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City. Should the Contractor determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney/client privilege, the Contractor shall so advise the City to reconsider the screening of that particular individual. D. The Contractor shall provide to the City Police Department, a telephone number or numbers at which an attorney may be reached 24-hours each day for "critical stage" advice to the defendants during the course of police investigations and/or arrest for misdemeanor violations of City Ordinances. E. Any counsel associated with or employed by the Contractor shall have the authority to perform the services called for herein and the Contractor may employ associate counsel to assist him/her at the Contractor's expense. The Contractor and any other attorneys retained pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington and shall have read and be fully familiar with the provisions of the Washington Supreme Court rule and the standards adopted by the City pursuant to TMC 2.70, as well as the Wilbur v. Mt. Vernon decision. F. The City shall provide to the Contractor, at no cost, one copy of all discoverable material concerning each assigned case. Such material shall include, where relevant, a copy of the abstract of the defendant's driving record. G. In the event representation of a defendant hereunder raises a conflict of interest such that the Contractor cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Contractor. 24 Kirshenbaum & Goss 2019 - 2020 Page 6 of 11 EXHIBIT A- SCOPE OF SERVICES (CONTINUED) H. Contractor agrees to attend seven (7) hours of criminal defense training each year. The training must be approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements. This requirement also applies to all associate counsel. Each attorney will submit a copy of their Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report. I. Reporting: Contractor agrees to submit the following reports: • Monthly Case Assignment List: Includes Cause Number, Name, Charges, Date of Assignment and Date of First Effort to Contact; • Monthly Statistics Report: This report shall take substantially the same form as that attached hereto as Exhibit C and shall be submitted with the monthly invoice; • Monthly Case Summary Disposition Report: This report shall take substantially the same form as that attached hereto as Exhibit D and shall be submitted with the monthly invoice; • Quarterly Certification of Compliance: The Contractor shall certify compliance with the standards required by CrRLJ 3.1. The Certification shall take substantially the same form as that attached hereto as Exhibit E and shall be filed quarterly with the Tukwila Municipal Court on the following dates: January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a weekend or holiday; • Annual Report: Detailing the number of other public defense contracts including jurisdiction, the number and type of non-public defense cases handled and the total hours billed for non-public defense cases. J. Video Court Services: Provide daily video court public defense services to defendants charged under ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a manner consistent with the accepted practices for similar services, performed to the City's satisfaction. K. Attorney of the Day Services: Provide an attorney for weekly arraignment calendars, available to all unrepresented defendants for consultation. Kirshenbaum & Goss 2019 - 2020 Page 7 of 11 25 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Effective January 1, 2019 for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $30,600, which includes $2,000 per month for Video Court services, and $200 per day for Attorney of the Day services. 2. Preauthorized Non -Routine Expenses. Non -routine case expenses requested by Attorney and preauthorized by order of the Tukwila Municipal Court. Non -Routine expenses include, but are not limited to: a. Medical and psychiatric evaluations; b. Expert witness fees and expenses; c. Interpreters for languages not commonly spoken in the city or interpreters for services other than attorney/client communication; d. Investigation expenses; e. Medical, school, birth, DMV, 911, emergency communication recordings and logs, and other similar records when the cost of an individual item does not exceed $75; and f. Any other non -routine expenses the Tukwila Municipal Court finds necessary and proper for the investigation, preparation, and presentation of a case. 3. The Contractor shall invoice the City by the fifth day of the month for all cases assigned to him/her for the previous month. The bill shall delineate the following: • City compensation; • Miscellaneous Charges: Copies of invoices and or receipts for miscellaneous charges shall be attached to the bill; and • A list of the cases assigned for the month including the defendant's full name, case number, charges, date of assignment & date of first contact. Payment shall be made on or by the 20th day of each month. 26 Kirshenbaum & Goss 2019 - 2020 Page 8 of 11 EXHIBIT C - PUBLIC DEFENSE MONTHLY REPORT CLIENT CONTACT # per month Jail Visits Out of Court Meetings Phone Calls Email Correspondence MOTIONS PRACTICE Motions RESOURCES UTILIZED Expert Consulted Immigration Case Assistance/Resources (WDA) Interpreter (out of court) Investigator Referred for Mental Health/Competency Evaluation Social Services Liaison COMPLAINTS Complaint Forms Received from Clients Complaints Filed with the WSBA TRAINING (in hours) WDA WACDL Other Kirshenbaum & Goss 2019 - 2020 Page 9 of 11 27 EXHIBIT D - MONTHLY CASE SUMMARY DISPOSITION REPORT Case Summary Disposition Report Cause Number Name Charges Date of Disposition Disposition Trial Date Jury or Bench Trial Tried it of Appearances in Court # of Meetings Outside of Court Investigator Usage Expert Usage Social Services Liaison Usage Interpreter Usage Outside of Court 28 Kirshenbaum & Goss 2019 - 2020 Page 10 of 11 EXHIBIT E — CERTIFICATION OF COMPLIANCE MUNICIPAL COURT FOR CITY OF TUKWILA STATE OF WASHINGTON CERTIFICATION BY: FOR THE N_ CALENDAR QUARTER OF [ No.: [ j Administrative Filing CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1/CrRLJ 3.1/JuCR 9.2 The undersigned attorney hereby certifies that for the past quarter and for the remainder of the year: 1. Approximately 0/0 of my practice time is devoted to indigent defense cases for the City of Tukwila. Approximately % of my practice is devoted to indigent defense cases for the following jurisdictions: Approximately % of my practice is devoted to private practice. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and certify that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigation services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. I will not accept a greater number of cases than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time. e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. f. Training: I will attend seven (7) hours of criminal defense training approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements each calendar year. Attorney, WSBA No. Date Kirshenbaum & Goss 2019 - 2020 Page 11 of 11 29 30 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 6, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Peggy McCarthy, Vicky Carisen, Bruce Linton, Chris Flores CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. MAYOR'S OFFICE CONTRACTS AND AGREEMENTS Staff is seeking Council approval of the following contracts and agreements: Prosecution Services Contract with the Walls Law Firm for a flat rate of $13,100 per month, which is a 3% reduction from their current monthly rate. Public Defense Services Contract with Kirshenbaum & Goss, Inc. for a flat rate of $30,600 per month for 2019 and 2020, which is a reduction from the 2017-2018 rate of $32,600. City Attorney Services Contract with Kenyon Disend for general City Attorney services, public records support, litigation and contested administrative proceedings, specialized services, and paralegal services in the amount of $33,940 per month. Lease Agreement with Sound Cities Association Renewed lease agreement with Sound Cities Association for office space in the 6300 Building for a base rent of $24,820.00 in 2019 and $25,550 in 2020. In addition to the base rent, SCA will pay leasehold excise tax at the rate of 12.84%. Provisions also include internet services for $100/month, payment of long distance and toll calls, and after-hours emergency callouts or other agreed upon project work at a flat rate of $150/hour. Lease Agreement with Alliance One Renewed lease agreement with Alliance One Management Receivables for space in the court area at a rate of $930/month, which represents a 3.33% increase. In addition to the monthly rent, Alliance One will pay leasehold excise tax at the rate of 12.84%. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 31 32 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Council review 11/19/18 CT ITEM INFORMATION ITEM No. 3C.3 STAFF SPONSOR: DAVID CLINE ORIGINAL AGINDA DATE: 11/19/18 AGENDA ITEm TITLE 2019-2020 Contract with Kenyon Disend PLLC for Legal Services CATF(;ORY Discussion ilitsDate II Motion 11/19/18 Ell Resolution Mtg Date El Ordinance AftgDate Bid Award Mtg Date Ell Public Hearing MigDate El Other AltgDate ilAgDate SPONSOR Council i1Mayor EIHR EIDCD Finance Fire TS EIP&R .Police RIF ECourt SPONSOR' S The current contract for legal services expires December 31, 2018. The 2019-2020 contract SUMMARY increases the flat rate by 1.5 percent to $33,940 per month, to account for cost of living adjustments and modest increases in attorney billing rates. i-t_i;vii:wi:,I) BY C.O.W. Mtg. CDN Comm Trans &Infrastructure Arts Comm. DATE: 11/06/18 II Finance Comm. El Public Safety Comm. Comm. 0 Planning Comm. CHAIR: QUINN El Parks COmmi 1'1 EE RECOMMENDATIONS: SPoNsoR/ADmiN. Co iMiii'iL Mayor's Office Unanimous Approval; Forward to 11/19/18 Consent Agenda COST IMPACT / FUND SOURCE EXPUNDITURE RUQUIR11) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/26/2018 Draft Contract for Legal Services Minutes from 11/06/18 Finance Committee 33 34 TO: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Mayor Ekberg Public Safety Committee FROM: David Cline, City Administrator DATE: October 26, 2018 SUBJECT: Kenyon Disend, PLLC 2019-2020 Contract for Legal Services ISSUE The current contract for Legal Services provided by Kenyon Disend expires December 31, 2018. The proposed contract for 2019-2020 is attached. BACKGROUND The City of Tukwila contracts with Kenyon Disend for the following legal services: • General City Attorney Services; • Public Records Support Services; • Litigation and contested administrative proceedings; • Special services - specialized municipal law services authorized by the City; and • Paralegal Services. DISCUSSION Under the current and proposed contracts, general City Attorney services are provided at a flat monthly rate. Litigation, contested administrative proceedings and special services are subject to prior approval and are billed at the hourly rates of the staff involved. Hourly rates are attached to the proposed 2019 -2020 contract. The 2017 -2018 flat rate for general City Attorney and Prosecution services was $46,436 per month. Effective September 1, 2018 Kenyon Disend discontinued providing Prosecution Services and flat monthly rate for was reduced to $33,436. The 2019 -2020 contract increases the flat rate to $33,940 per month. This reflects a 1.5 percent increase to account for cost of living adjustments and modest increases in attorney billing rates. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda of the November 19, 2018 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft 2019-2020 Contract for Legal Services 35 36 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR LEGAL SERVICES Contract Number: This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and KENYON DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in Issaquah, Washington. WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rates and methods set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2019, and ending December31, 2020, unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any Kenyon Disend 2019-2020 Page 1 of 7 37 benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination. This Agreement may at any time be terminated by either party giving the other party thirty (30) days written notice of its intention to terminate the same. 9. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided underthis Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be Kenyon Disend 2019-2020 Page 2 of 7 38 incorporated by written amendments to this Agreement and with the consent of the City Council. 12. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 2018. CITY OF TUKWILA CONTRACTOR: KENYON DISEND, PLLC By: By: Mayor Allan Ekberg ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk Michael R. Kenyon Managing Member ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392-7090 Kenyon Disend 2019-2020 Page 3 of 7 39 EXHIBIT A -- SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in-house city attorney. In particular, Contractor agrees to: 1. Provide general city attorney services, which include but are not limited to: A. Attend regular meetings of the City Council and executive sessions scheduled for regular meetings of the City Council; B. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials as requested; C. Practice "preventative law" in the form of regular consultation with staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall; D. Provide special classes and/or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine; E. Except as set forth in Section 3, defend litigation brought against the City; F. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; G. Such other general city attorney matters as are assigned; H. Comprehensive Internet and remote access capability, including e-mail, linking Contractor's office with City Hall; I. Oversight and coordination of the City Clerk's Office; and J. Provide legal advice relating to the Public Records Act and public records requests. Kenyon Disend 2019-2020 Page 4 of 7 40 2. Attend Other Meetings as Requested. A. Attend special meetings of the City Council, meetings of the Committee of the Whole, other Committee meetings, and meetings of City Boards and Commissions upon request. Contractor shall be compensated for attendance at such meetings as set forth in paragraph 4 of Exhibit B. 3. Public Records Request Redaction and Processing. A. Review and redact records requested pursuant to public records requests and prepare exemption logs. Contractor shall be compensated for such services as set forth in paragraph 5 of Exhibit B. 4. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: A. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 of Exhibit B. 5. Provide Special Services, which include but are not limited to: A. Other specialized municipal law services, including but not limited to franchise negotiations; provided, however, that any such Special Services, other than franchise agreement negotiations, shall first be authorized by the City, and shall be subject to paragraph 3 of Exhibit B regarding compensation. 6. Provide paralegal services, which include but are not limited to: A. General paralegal support for the City Attorney. 7. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. Kenyon Disend 2019-2020 Page 5 of 7 41 EXHIBIT B -- COMPENSATION AND METHOD OF PAYMENT 1. For 2019-20, for all general city attorney services set forth in paragraph 1 of Exhibit A, Contractor shall be paid a flat monthly fee of $33,940.00, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long-distance telephone charges. 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter, and for all other work billed hourly pursuant to this Agreement. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, (c) all significant projects which require specialized knowledge and hours expended outside of the regular office hours for that attorney, including but not limited to franchise negotiations; and (d) all drug or other forfeiture matters collectively filed by or against the City. For each such Separate Matter, Contractor shall be paid its normal hourly rates for 2019 and 2020. Rates for 2019 shall be provided to the City by October 1, 2018. 3. Special Services, other than franchise agreement negotiations, shall first be approved by the City after negotiation regarding: (1) whether additional compensation is fair and equitable for such Special Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such Special Services. 4. Attendance at other meetings as requested, as set forth in paragraph 2 of Exhibit Ashall be billed at Contractor's normal hourly rates for 2019 and 2020. 5. Public records request redaction and processing (including exemption logs) shall be billed at Contractor's normal hourly rates for 2019 and 2020. Kenyon Disend 2019-2020 Page 6 of 7 42 KENYON DISEND, PLLC 2019 HOURLY RATE SCHEDULE FOR CITY ATTORNEY SERVICES ATTORNEYS: Michael R. Kenyon Kim Adams Pratt David A. Linehan Hillary E. Graber Rachel B. Turpin Eileen M. Keiffer Ann Marie Soto Charlotte A. Archer Alexandra L. Kenyon Of Counsel: Doug F. Mosich PARALEGALS: Margaret C. Starkey Sheryl A. Loewen Mary L. Maughan Terry T. Curran Antoinette M. Mattox $350.00 $300.00 $300.00 $230.00 $215.00 $215.00 $215.00 $215.00 $165.00 $300.00 $145.00 $130.00 $130.00 $130.00 $120.00 Kenyon Disend 2019-2020 Page 7 of 7 43 44 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 6, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Bruce Linton, Chris Flores CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. MAYOR'S OFFICE CONTRACTS AND AGREEMENTS Staff is seeking Council approval of the following contracts and agreements: Prosecution Services Contract with the Walls Law Firm for a flat rate of $13,100 per month, which is a 3% reduction from their current monthly rate. Public Defense Services Contract with Kirshenbaum & Goss, Inc. for a flat rate of $30,600 per month for 2019 and 2020, which is a reduction from the 2017-2018 rate of $32,600. City Attorney Services Contract with Kenyon Disend for general City Attorney services, public records support, litigation and contested administrative proceedings, specialized services, and paralegal services in the amount of $33,940 per month. Lease Agreement with Sound Cities Association Renewed lease agreement with Sound Cities Association for office space in the 6300 Building for a base rent of $24,820.00 in 2019 and $25,550 in 2020. In addition to the base rent, SCA will pay leasehold excise tax at the rate of 12.84%. Provisions also include internet services for $100/month, payment of long distance and toll calls, and after-hours emergency callouts or other agreed upon project work at a flat rate of $150/hour. Lease Agreement with Alliance One Renewed lease agreement with Alliance One Management Receivables for space in the court area at a rate of $930/month, which represents a 3.33% increase. In addition to the monthly rent, Alliance One will pay leasehold excise tax at the rate of 12.84%. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 45 46 COUNCIL AGENDA SYNOPSIS ImtiaIs MeetiqUate Prepared by Mayor's review Council review 11/19/18 CT (N ITEM INFORMATION ITEM No. 3C.4 STAFF SPONSOR: DAVID CLINE ORIGINAL AGUNDA DATE: 11/19/18 AGENDA ITEM TITLE 2019-2020 Sound Cities Association Lease Agreement CAVEGORY . Discussion Motion Date 11/19/18 Ei Resolution AftsDale 0 Ordinance Mg Date f3id Award Ai Date 111 Public Hearing Alty Date 0 Other Mg Date Mg Date Ally SPONSOR II Council Mayor EHR ODCD J Finance U Fire 11S- '1-Z Police Emir/ . Court SPONSOR'S The Sound Cities Lease Agreement expires on December 31, 2018. Administration is StimmAity proposing a two-year lease agreement for January 1, 2019 - December 31, 2020 to coincide with the bienniel budget cycle. The agreement includes a three percent increase in the base rent each year, leasehold excise tax per RCW 82.29A, internet services at a rate of $100 per month and after-hours emergency callouts or mutually agreed upon project work at a flat rate of $150 an hour. REVIEWED I3Y III C.O.W. Mtg. CDN Comm El Trans &Infrastnicture Arts Comm. DATE: 11/06/18 IZ] Finance 0 Parks Comm. El Public Safety Comm. Comm. ri Planning Comm. CHAIR: QUINN COMMI FLEE RECOMMENDATIONS: SPoNsoR/ADmiN. CommITI'm Mayor's Office Unanimous Approval; Forward to 11/19/18 Consent Agenda COST IMPACT / FUND SOURCE EXIT RIQUIRI:,D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/26/2018 Draft Lease Agreement Minutes from 11/06/18 Finance Committee 47 48 TO: Mayor's Office - David Cline, City Administrator Mayor Ekberg Finance & Safety Committee Allan Ekberg, Mayor FROM: David Cline, City Administrator DATE: October 26, 2018 SUBJECT: Sound Cities Association Lease Agreement ISSUE The current lease agreement with Sound Cities Association (SCA) expires on December 31, 2018. BACKGROUND Sound Cities Association (SCA) is a local non-profit corporation composed of member cities with a population of less than 150,000 people that act locally and partner regionally to create livable, vital communities through advocacy, education, leadership, mutual support and networking. SCA began leasing space from the City of Tukwila in 2006. The City of Tukwila is a member of SCA. DISCUSSION We are proposing a two-year lease agreement from January 1, 2019 - December 31, 2020 to coincide with the biennium budget cycle, as well as increasing rent by fifty cents a square foot for 2019 and an additional fifty cents per square foot for 2020 which is the equivalent of a 3 percent increase to the base rent each year. Per RCW 35A.11.010 and 35A.11.020 all lease agreements must go before City Council for authorization. FINANCIAL IMPACT The base rent for SCA will be $24,820.00 per year, to be paid in monthly installments of $2,068.33 in 2019 and $25,550.00 per year, to be paid in monthly installments of $2,129.17 in 2020. In addition to the base rent, SCA will pay leasehold excise tax pursuant to RCW 82.29A at the rate of 12.84 percent of the base rent in the amount of $265.57 per month in 2019 and $273.39 per month in 2020. Provisions also include internet services at a rate of $100.00 per month, payment of long distance and toll calls, and after-hours emergency callouts or mutually agreed upon project work at a flat rate of $150 an hour. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda of the November 19, 2018 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Lease Agreement for 2019-2020 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 49 50 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 LEASE AGREEMENT Agreement Number: THIS LEASE AGREEMENT is made between the City of Tukwila ("the City" or "Lessor") and Sound Cities Association ("Sound Cities Association" or "Lessee"). IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Premises. Lessor is the owner of the commercial property located at 6300 Southcenter Boulevard, Tukwila, Washington (the "Property"). Lessor does hereby agree to lease to Lessee, a portion of the Property consisting of approximately 1,460 rentable square feet (the "Premises"). The Premises do not include the exterior walls, roof, land beneath, pipes, ducts, conduits, wires, fixtures and equipment above the suspended ceiling, or any other portion of the Property or the buildings thereon. The City and Lessee agree that the Lessee's pro-rata share of the Property that the Premises are a part of is 3.45%, based on the ratio of the agreed rentable area of the Premises to the agreed rentable area of the entire Property as of the date of this Lease. 2. Term. This Agreement shall be in full force and effect for a period commencing January 1, 2019 and ending December 31, 2020, unless sooner terminated under the provisions set forth in Section 22. Upon termination of this Lease the Lessee shall surrender all keys and/or access cards to the City. 3. Possession. Lessee shall be deemed to have accepted possession of the Premises in an "as - is" condition. The City makes no representations to Lessee regarding the Premises including the structural condition of the Premises and the condition of all mechanical, electrical and other systems. Lessee shall be responsible for performing any work necessary to bring the Premises into condition satisfactory to Lessee. Lessee shall not engage in any improvements or alterations to the Premises without the express written consent of the City. 4. Rent. Base rent shall be set at $17.00 per square feet per year, or $24,820.00 per year, to be paid in monthly installments of $2,068.33 for the period of January 1, 2019 - December 31, 2019 and $17.50 per square feet per year, or $25,550.00 per year, to be paid in monthly installments of $2,129.17 for the period of January 1, 2020 - December 31, 2020. Rent shall be due on the first day of each month. If payment is not received by the fifth day of each month, Lessee shall be responsible for paying a late fee equivalent to five percent (5%) of the delinquent amount in addition to the past due payment. All delinquent sums not paid within thirty (30) days of the due date shall bear interest at the rate of twelve percent (12%) per annum. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. The City's acceptance of less than the full amount of any payment due Sound Cities Association 2019-2020 Lease Agreement Page 1 of 9 51 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: from Lessee shall not be deemed an accordance and satisfaction or compromise of such payment. 5. Leasehold Excise Tax. Lessee shall pay leasehold excise tax due pursuant to RCW 82.29A to Lessor by the first day of each month at the rate of 12.84% of the base rent set forth in Section 4 herein, such amount being $265.57 per month for January 1, 2019 - December 2019 and $273.39 per month for January 1, 2019 - December 31, 2020. The leasehold excise tax shall be paid in addition to the monthly rental payment and any other payments required under this Lease. If the State of Washington changes the leasehold excise tax, the tax payable by the Lessee each month under this Lease shall be correspondingly modified in compliance with RCW 82.29A without further action by the parties. 6. Use of Premises by Lessee. Lessee shall use the Premises for general office use. The Premises shall be used only for the uses specified herein and for not for any other business or purpose without the prior written consent of the City. No act shall be done on or around the Premises that is unlawful or that will increase the existing rate of insurance on the Premises or cause the cancellation of any insurance on the Premises. Lessee shall not commit or allow to be committed any waste upon the Premises or any public or private nuisance. Lessee shall not do or permit anything to be done on the Premises which will obstruct, cause injury or interfere with the rights of other tenants, or occupants of the Premises or their customers, clients and visitors. 7. Lessee Maintenance and Repair Responsibility. Lessee shall, when and if needed, at Lessee's sole expense, make repairs to the Premises and every part thereof; and Lessee shall maintain the Premises in a neat, clean, sanitary condition. Lessee shall surrender the Premises to the City in good condition upon the termination of this Lease, reasonable wear and tear expected. 8. Signage. Lessee shall obtain the City's written consent before installing any signs on the Premises and shall install any approved signage at Lessee's sole expense and in compliance with all applicable laws. Lessee shall not damage or deface the Premises when installing or removing signage and if any damage is done, Lessee shall repair any damage to the Premises caused by such installation or removal. 9. Utilities, Equipment and Services. The City shall provide the Premises with the following services, the cost of which shall be included in the rent paid by Lessee: water, electricity, and heating/cooling seven (7) days per week and janitorial services five (5) nights per week, exclusive of holidays. Sound Cities Association 2019-2020 Lease Agreement Page 2 of 9 52 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: The Lessee shall pay the City $100 per month for internet service, payable on the first of each month along with rent. The City's Technology Services department shall provide the Lessee with basic technology support to maintain hardware equipment and software applications, such support being performed during the City's regular, non -holiday business hours of 8:30 a.m. to 5:00 p.m. Any after-hours emergency callouts or mutually agreed upon project work will be billed in one - hour increments at a flat rate of $150/hour with a minimum charge of one hour. Charges will be invoiced upon completion of the work and will be payable upon receipt. The City shall provide six (6) extensions to the City phone system for use by the Lessee and will maintain the phone system at no additional cost to the Lessee. Lessee shall be responsible for all costs associated with long distance and other toll calls which will be billed separately by the City and will be payable upon receipt. On an annual basis, the Lessee shall provide an inventory list to the City detailing hardware equipment and software utilized by the Lessee. Any hardware equipment or software requested for purchase by the City to update the Lessee's inventory will be billed to the Lessee at actual cost. Any hardware equipment or software purchased by the Lessee shall be reviewed by the City's Technology and Innovation Service Center for system compatibility and supportability prior to purchase and installation. Virus checking software and that has been approved by the City's Technology and Innovation Service Center is mandatory on all Lessee computers, laptops and servers in use by the Lessee. Any virus signature files released by the virus checking software company shall be set to automatically update to keep the Lessee's software updated to the latest version available. A data backup program approved by the City's Technology and Innovation Service Center is mandatory and will be configured to automatically back up any of the Lessee's server -based live, primary data. Data that is stored only locally (on computers, laptops, phones, tablets) will NOT be backed up nor monitored at the Lessee's own risk. The performance of the backup program will be monitored and tested on a quarterly basis by both parties. 10. Destruction of Premises. If the Premises are completely or partially destroyed by fire or other casualty, of if they are damaged by an uninsured casualty, or by an insured casualty to such an extent that the damage cannot be repaired within sixty (60) days of the occurrence, the City shall have the option to restore the Premises or to terminate this Agreement on thirty (30) days written notice, effective as of any date not more than sixty (60) days after the occurrence. If this Section becomes applicable, the City shall advise the Lessee within thirty (30) days after such casualty whether the City elects to restore the Premises or to terminate Sound Cities Association 2019-2020 Lease Agreement Page 3 of 9 53 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: this Agreement. If the City elects to restore the Premises, it shall commence and complete the restoration work with due diligence. For the period from the date of the casualty until completion of the repairs (or the date of termination of this Agreement, if the City elects not to restore the Premises) the monthly base rent shall be abated in the same proportion that the untenantable portion of the Premises bears the whole thereof, unless the casualty results from Lessee's negligence or its breach of obligations under this Agreement. 11. Hazardous Substances. Lessee shall not generate, release, spill, store, deposit, transport or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, radioactive substances, medicinal, bacteriological, or disease -producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state and local laws and regulations in any reportable quantities (collectively "Hazardous Substances") in, on or about the Premises. Lessee shall attach a separate list of Hazardous Substances they propose to store on site and the City must accept the list in writing or Hazardous Substances cannot be stored on site. The Lessee shall indemnify, hold harmless and defend the City from any and all claims, liabilities, losses, damages, clean-up costs, response costs and expenses, including reasonable attorneys' fees, arising out of or in any way related to the Release by the Lessee or any of its agents, representatives or employees, or to the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the effective date of this Agreement to the full extent of the Lessee's liability. 12. Alterations and Additions. After obtaining the prior written consent of the City, Lessee may make, at its sole expense, such additional improvements or alterations to the Premises which it may deem necessary or desirable. An repairs or new construction done by Lessee shall be done in conformity with plans and specifications approved by the City. All work performed shall be done in a workmanlike manner and shall become the property of the City. 13. Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 14. Insurance. The Lessee shall procure and maintain in full force throughout the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased Premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to remedy available under law or in equity. a. Minimum Scope of Insurance. The Lessee shall obtain insurance of the types described below: Sound Cities Association 2019-2020 Lease Agreement Page 4 of 9 54 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: i. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Public Entity shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured - Managers or Lessors of Premises Form CG 2011 or a substitute endorsement providing at least as broad coverage. ii. Property insurance shall be written on an all risk basis. b. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. ii. Property insurance shall be written covering the full value of the Lessee's property and improvements with no coinsurance provisions. c. Other Insurance Provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain or be endorsed to contain that they shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Lessee's insurance and shall not contribute with it. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M Best rating of not less than A: VII. e. Verification of Coverage. Lessee shall furnish the City with original certificates and a copy of any applicable amendatory endorsements including, but not necessarily limited to, the additional insured endorsement evidencing the insurance requirements of the Lessee. f. Waiver of Subrogation. Lessee and the City hereby release and discharge each other from all claims, losses, and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. g. City's Property Insurance. The City shall purchase and maintain during the term of this Lease, all-risk property insurance covering the Building for full replacement value without any coinsurance provisions. h. Notice of Cancellation. The Lessee shall provide the City with written notice of any policy cancellation, within two (2) business days of receiving such notice. i. Failure to Maintain Insurance. Failure on the part of the Lessee to maintain the required insurance shall constitute a material breach of this Lease upon which the City may, after Sound Cities Association 2019-2020 Lease Agreement Page 5 of 9 55 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: giving five (5) business days notice to the Lessee to correct the breach, terminate this Lease or, at its discretion, procure or renew such insurance and pay and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. 15. Indemnification and Hold Harmless. Lessee shall indemnify, defend and hold harmless the City, its officers, officials, employees and volunteers, from and against any and all claims, suits, actions, losses or liability, arising from injury or death to persons or damage to property, which arise out of Lessee's use of Premises, or from the conduct of Lessee's business or from any activity or work permitted or suffered by Lessee in or about the Premises except only such injury or damage as shall have been occasioned by the sole negligence of the City. 16. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises. Any sublease or assignment made in violation of this provision shall be void. 17. Default. Failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease, where such failure shall continue for a period of ten (10) days after written notice from the City to cure the default, shall constitute a default and breach of this Lease. Lessee shall notify the City promptly of any default not by its nature necessarily known to the City. 18. Access. After reasonable notice from the City (except in the cases of emergency where no notice is required) the Lessee shall permit the City and its agents, employees and contractors to enter the Premises at all reasonable times to make repairs, alterations, improvements or inspections. This section shall not impose any repair or other obligation upon the City not expressly stated elsewhere in this Agreement. 19. Compliance with Laws, Rules and Regulations. Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force relation to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with City rules and regulations. 20. Permits. Lessee shall, at its sole cost and expense, be responsible for obtaining any required permits and licenses necessary to perform the work and covenants of this Lease. 21. Notices. All notices under this Lease shall be in writing and shall be effective when mailed by certified mail or delivered to the addresses listed below. Notices to Lessor shall be sent to: Notices to Lessee shall be sent to: Sound Cities Association 2019-2020 Lease Agreement Page 6 of 9 56 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 City of Tukwila ATTN: Mayor's Office 6200 Southcenter Boulevard Tukwila WA 98188 Agreement Number: Sound Cities Association ATTN: Deanna Dawson, Executive Director 6300 Southcenter Blvd, Suite 206 Tukwila WA 98188 22. Termination. Either party may terminate this Agreement if the other party is in default as outlined in Section 17 or at any time on or before the expiration of this Lease by providing a minimum of thirty (30) days written notice to the other party. 23. Applicable Law; Venue: Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. 24. Authority of Lessee. The Lessee and the individual executing this Lease on behalf of the Lessee represent and warrant that s/he is duly authorized to execute and deliver this Lease and upon execution this Lease is binding upon the Lessee in accordance with the terms herein. 25. Waiver and Forbearance. No waiver by the City of any breach or default by the Lessee of any of its obligations or covenants herein shall be deemed to be a waiver of any subsequent breach or default of the same or any other obligation or covenant, nor shall forbearance by the City to seek remedy for any break or default of the Lessee be deemed a waiver by the City of its rights and remedies with respect to such breach or default. 26. Entire Agreement - Modification. This Lease Agreement together with all exhibits or addenda expressly incorporated herein by reference and attached hereto shall constitute the whole agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. Except as otherwise provided, no modification or amendment of this Lease Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. / / / / / / Sound Cities Association 2019-2020 Lease Agreement Page 7 of 9 57 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 27. Severability and Survival. If any term, condition or provision of this Lease 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. CITY OF TU KWI LA SOUND CITIES ASSOCIATION By: By: Allan Ekberg Deanna Dawson Mayor Executive Director Attest: By: Christy O'Flaherty, City Clerk Approved as to form: By: City Attorney STATE OF WASHINGTON COUNTY OF KING ss. I certify that I know or have satisfactory evidence that Allan Ekberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , 2018. (Print Name) Residing at [Stamp or Seal] My appointment expires Sound Cities Association 2019-2020 Lease Agreement Page 8 of 9 58 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 STATE OF WASHINGTON ss. COUNTY OF KING Agreement Number: I certify that I know or have satisfactory evidence that Deanna Dawson is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it the Executive Director of Sound Cities Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , 2018. [Stamp or Seal] Notary Public for Washington (Printed or Stamped Name of Notary) Residing at My appointment expires: Sound Cities Association 2019-2020 Lease Agreement Page 9 of 9 59 60 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 6, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Bruce Linton, Chris Flores CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. MAYOR'S OFFICE CONTRACTS AND AGREEMENTS Staff is seeking Council approval of the following contracts and agreements: Prosecution Services Contract with the Walls Law Firm for a flat rate of $13,100 per month, which is a 3% reduction from their current monthly rate. Public Defense Services Contract with Kirshenbaum & Goss, Inc. for a flat rate of $30,600 per month for 2019 and 2020, which is a reduction from the 2017-2018 rate of $32,600. City Attorney Services Contract with Kenyon Disend for general City Attorney services, public records support, litigation and contested administrative proceedings, specialized services, and paralegal services in the amount of $33,940 per month. Lease Agreement with Sound Cities Association Renewed lease agreement with Sound Cities Association for office space in the 6300 Building for a base rent of $24,820.00 in 2019 and $25,550 in 2020. In addition to the base rent, SCA will pay leasehold excise tax at the rate of 12.84%. Provisions also include internet services for $100/month, payment of long distance and toll calls, and after-hours emergency callouts or other agreed upon project work at a flat rate of $150/hour. Lease Agreement with Alliance One Renewed lease agreement with Alliance One Management Receivables for space in the court area at a rate of $930/month, which represents a 3.33% increase. In addition to the monthly rent, Alliance One will pay leasehold excise tax at the rate of 12.84%. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 61 62 COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared by Mayor's rev i Council review 11/19/18 CT (/Th ITEM INFORMATION ITEM No. 3C.5 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 11/19/18 AGENDA ITEM TITLE 2019-2020 Alliance One Lease Agreement CATEGORY Discussion Mt g Date Motion Date 11/19/18 Ell Resolution ilifgDate E Ordinance Mg Date 11] Bid Award Altg Date E1 Public Hearins MtsDate III Other Mfg MtgDate SPONSOR Eournii VA Mayor EHR El DCD El Finance LI -ire LJTS LP&R LI Police LIPW LI Court SPONSOR'S The Alliance One Lease Agreement expires on December 31, 2018. Administration is SUMMARY proposing a two-year lease agreement for January 1, 2019 - December 31, 2020 to coincide with the bienniel budget cycle. The agreement includes a 3.33 percent increase in the monthly rent and leasehold excise tax per RCW 82.29A. RIWIIM71;1) BY C.O.W. Mtg. Eil CDN Comm Z Finance Comm. El Public Safety Comm. Trans &Infrastructure Arts Comm. E] Parks Comm. El Planning Comm. DATE: 11/06/18 COMMI 11 EE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to 11/19/18 Consent Agenda COST IMPACT / FUND SOURCE EXPINDITURI RU,C)JJ 'RED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/26/2018 Draft Lease Agreement Minutes from 11/06/18 Finance Committee 63 64 Allan Ekberg, Mayor TO: Mayor's Office - David Cline, City Administrator Mayor Ekberg Finance & Safety Committee FROM: David Cline, City Administrator DATE: October 26, 2018 SUBJECT: Alliance One Lease Agreement ISSUE The current lease agreement with Alliance One Management Receivables expires on December 31, 2018. BACKGROUND Alliance One is the company Tukwila Municipal Court contracts with to provide collection services for unpaid court fines and fees and manages long-term payment plans for court customers not in collections. In May 2009, Alliance One began leasing space with the City of Tukwila. Per RCW 35A.11.010 and 35A.11.020 all lease agreements must go before City Council for authorization. DISCUSSION We are proposing a two-year lease agreement from January 1, 2019 - December 31, 2020 to coincide with the biennium budget cycle, as well as a 3.33 percent increase ($30/month) in the monthly rent. FINANCIAL IMPACT The 3.33 percent increase in rent means Alliance One would pay the City of Tukwila $930.00 a month to lease space in the court area. In addition to the monthly rent, Alliance One will pay leasehold excise tax pursuant to RCW 82.29A at the rate of 12.84 percent of the monthly rent in the amount of $119.41 per month. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda of the November 19, 2018 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Lease Agreement for 2019-2020 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 65 66 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 LEASE AGREEMENT Agreement Number: THIS LEASE AGREEMENT is made between the City of Tukwila ("the City" or "Lessor") and Alliance One Receivables Management, Inc. ("Alliance" or "Lessee"). IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Premises. Lessor is the owner of the commercial property located at 6200 Southcenter Boulevard, Tukwila, Washington (the "Property"). Lessor does hereby agree to lease to Lessee, upon the following terms and conditions, a portion of the Property consisting of one (1) front counter workspace at the Tukwila Municipal Court located at 6200 Southcenter Boulevard, Tukwila, Washington (the "Premises"). Term. This Agreement shall be in full force and effect for a period commencing January 1, 2019 and ending December 31, 2020 unless sooner terminated under the provisions hereinafter specified. 2. Rent. Lessee covenants and agrees to pay Lessor, at Lessor's address, without deduction or offset, rent in the amount of Nine Hundred Dollars ($930.00) per month ("Rental Payment"). The Rental Payment shall be submitted to Lessor on a monthly basis, due by the first day of each month. If payment is not received by the fifth day of each month, Lessee shall be responsible for paying a late fee equivalent to five percent (5%) of the delinquent amount in addition to the past due payment. All delinquent sums not paid within thirty (30) days of the due date shall bear interest at the rate of twelve percent (12%) per annum. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. The City's acceptance of less than the full amount of any payment due from Lessee shall not be deemed an accordance and satisfaction or compromise of such payment. Any and all ancillary costs associated with Lessee's use of the Premises shall be borne by Lessee. 3. Leasehold Excise Tax. Lessee shall pay leasehold excise tax due pursuant to RCW 82.29A to Lessor by the first day of each month at the rate of 12.84% of the rental amount, which amounts to $119.41 per month. The leasehold excise tax shall be paid on the first day of each month in addition to the monthly Rental Payment. If the State of Washington changes the leasehold excise tax, the tax payable by the Lessee shall be correspondingly modified in compliance with RCW 82.29A, without further action by the Parties. 4. Use of Premises by Lessee. Lessee shall have exclusive use of the Premises for payment collection and shall provide its own personnel to staff the Premises between 8:30 a.m. and 4:30 Alliance One Lease Agreement Page 1 of 6 67 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: p.m., Monday through Friday. Lessee's personnel at the Premises shall provide customer service at a level satisfactory to the Lessor. Lessor reserves the right to immediately terminate this Lease Agreement should the Lessee's customer service levels fail to meet the standards set by Lessor. 5. Utilities, Equipment and Services. Lessee shall provide daily armored car service, Monday through Friday, to transport deposits from the Premises, the cost of which shall be borne by Lessee. Lessee shall provide any equipment necessary for the prescribed use of the Premises, including, but not limited to, computers, fax/copy machines and telephones. Lessee shall be responsible for setting up and maintaining its own telephone and internet connections. 6. Signage. Lessee shall provide, at its own expense, signage to be placed at the Premises; all signage shall be pre -approved by Lessor before being posted on the Premises. Lessee shall not damage or deface the Premises when installing or removing signage and if any damages to the Premises are caused by such installation or removal they shall be promptly repaired by Lessee at Lessee's sole expense. 7. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises. Any sublease or assignment made in violation of this provision shall be void. 8. Insurance. The Lessee shall procure and maintain in full force throughout the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the Premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to remedy available under law or in equity. a. Minimum Scope of Insurance. The Lessee shall obtain insurance of the types described below: i. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The Public Entity shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. ii. Property insurance shall be written on an all risk basis. b. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Alliance One Lease Agreement Page 2 of 6 68 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: ii. Property insurance shall be written covering the full value of the Lessee's property and improvements with no coinsurance provisions. c. Other Insurance Provisions. The Lessee's Commercial General Liability insurance policy or 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 in excess of the Lessee's insurance and shall not contribute with it. d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M Best rating of not less than A: VII. e. Verification of Coverage. Lessee shall furnish the City with original certificates and a copy of any applicable amendatory endorsements, including, but not limited to, the additional insured endorsement, evidencing the insurance requirements of the Lessee. f. Waiver of Subrogation. Lessee and the City hereby release and discharge each other from all claims, losses, and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. g. City's Property Insurance. The City shall purchase and maintain during the term of the Lease, all-risk property insurance covering the Premises for full replacement value without any coinsurance provisions. h. Notice of Cancellation. The Lessee shall provide the City with written notice of any policy cancellation, within two (2) business days of receiving such notice. Failure to Maintain Insurance. Failure on the part of the Lessee to maintain the required insurance shall constitute a material breach of this Lease upon which the City may, after giving five (5) business days' notice to the Lessee to correct the breach, terminate this Lease 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. 9. Indemnification and Hold Harmless. Lessee shall indemnify, defend and hold harmless the Lessor, its officers, agents and employees, from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Lessee, its officers, agents, employees, customers, and guests, in performing the work required by this Agreement. With respect to the performance of this Agreement as to claims against Lessor, its officers, agents and employees, Lessee Alliance One Lease Agreement Page 3 of 6 69 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee or Lessee. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damages resulting from the sole negligence of the Lessor, its agents or employees. To the extent that any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of Lessor, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Lessee, its officers, agents, employees, customers, and guests. 10. Indemnification and Hold Harmless. Lessee shall indemnify, defend and hold harmless the City, its officers, officials, employees and volunteers, from and against any and all claims, suits, actions, losses or liability, arising from injury or death to persons or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business or from any activity or work permitted or suffered by Lessee in or about the Premises except only such injury or damage as shall have been occasioned by the sole negligence of the City. 11. Holding Over. Any holding over on the Premises after the termination of the term of this Lease shall be construed to be a tenancy from month -to -month with the same valuable consideration for rent being provided on a pro-rata basis per month. Such holding over shall otherwise be on all the terms and conditions of this Lease Agreement. 12. Notices. Notices to Lessor shall be sent to the following address: City of Tukwila Attention: City Clerk 6200 Southcenter Boulevard Tukwila WA 98188 Notices to Lessee shall be sent to the following address: Alliance One Receivables, Inc. Tera Cappa-Bachaud, Client Service Manager PO Box 11641 Tacoma WA 98411 13. Entire Agreement - Modifications. This Lease Agreement together with all exhibits or addenda expressly incorporated herein by reference and attached hereto shall constitute the whole agreement between the parties. There are no terms, obligations, covenants or conditions other Alliance One Lease Agreement Page 4 of 6 70 City of Tukwila Agreement Number: 6200 Southcenter Boulevard, Tukwila WA 98188 than those contained herein. Except as otherwise provided, no modification or amendment of this Lease Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. 14. Termination. Lessor or Lessee may terminate this Lease at any time on or before the expiration of the Lease term upon thirty (30) days prior written notice to the other party. 15. Applicable Law - Venue: Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding s 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 attorneys' fees and costs of suit. DATED this day of , 2018 CITY OF TUKWILA ALLIANCE ONE RECEIVABLES, INC. Allen Ekberg, Mayor Harry Neerenberg, Vice President/CFO ATTEST/AUTHENTICATED City Clerk APPROVED AS TO FORM: By: City Attorney Alliance One Lease Agreement Page 5 of 6 71 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 STATE OF WASHINGTON ss. COUNTY OF KING Agreement Number: I certify that I know or have satisfactory evidence that Allan Ekberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , 2018. (Print Name) Residing at [Stamp or Seal] My appointment expires STATE OF WASHINGTON COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that Harry Neerenberg is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it the Executive Director of Sound Cities Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of , 2018. [Stamp or Seal] Notary Public for Washington (Printed or Stamped Name of Notary) Residing at My appointment expires: Alliance One Lease Agreement Page 6 of 6 72 City of Tukwila City Council Finance Committee FINANCE COMMITTEE Meeting Minutes November 6, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Bruce Linton, Chris Flores CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. MAYOR'S OFFICE CONTRACTS AND AGREEMENTS Staff is seeking Council approval of the following contracts and agreements: Prosecution Services Contract with the Walls Law Firm for a flat rate of $13,100 per month, which is a 3% reduction from their current monthly rate. Public Defense Services Contract with Kirshenbaum & Goss, Inc. for a flat rate of $30,600 per month for 2019 and 2020, which is a reduction from the 2017-2018 rate of $32,600. City Attorney Services Contract with Kenyon Disend for general City Attorney services, public records support, litigation and contested administrative proceedings, specialized services, and paralegal services in the amount of $33,940 per month. Lease Agreement with Sound Cities Association Renewed lease agreement with Sound Cities Association for office space in the 6300 Building for a base rent of $24,820.00 in 2019 and $25,550 in 2020. In addition to the base rent, SCA will pay leasehold excise tax at the rate of 12.84%. Provisions also include internet services for $100/month, payment of long distance and toll calls, and after-hours emergency callouts or other agreed upon project work at a flat rate of $150/hour. Lease Agreement with Alliance One Renewed lease agreement with Alliance One Management Receivables for space in the court area at a rate of $930/month, which represents a 3.33% increase. In addition to the monthly rent, Alliance One will pay leasehold excise tax at the rate of 12.84%. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 73 74 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review (oan'iI review 11/19/18 VC ITEM INFORMATION ITEM No. 3.D. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 11/19/18 AcFNI),\ HEM TITLE Business License Agreement with WA State Department of Revenue C,vri,;(3( )RY Discussion Mt Date Z Motion Mt Date 11/19/18 E Resolution Mt Date r] Ordinance Mtg Date Bid Award ANDate Public Hearing AltgDate [I] Other Mt Date SPONSOR Council Mayor iiiHR DCO ZFinance E Fire TS ZP&R. Police PW Ecourt SPONSOR'S City Council is being asked to approve an interlocal agreement with WA State Department SUMMARY of Revenue to issue business licenses for the City. RINIFAXVI) BY Ej C.O.W. Mtg. 111 CDN Comm Z Finance Comm. E Public Safety Comm. Trans &Infrastructure Arts Comm. Parks Comm. E Planning Comm. DATE: 11/6/18 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTM Finance Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/31/18 Interlocal Agreement with WA State Department of Revenue Minutes from the Finance Committee meeting 11/6/18 75 76 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Finance Council Committee Peggy McCarthy, Finance Director Vicky Carlsen, Deputy Finance Director CC: Mayor Ekberg DATE: October 31, 2018 SUBJECT: Business License Agreement with WA State Department of Revenue ISSUE Approve agreement to enter into a service agreement with WA State Department of Revenue Business License Services to process the city's general business licenses beginning in 2019. BACKGROUND Engrossed House Bill 2005 passed unanimously in 2017. The bill, now codified as Chapter 35.90 RCW, requires any city with a general business license, to partner with a combined licensing service. It has specific deadlines. If the City does not complete partnership with BLS or another service, it may no longer issue business licenses after December 2022. DISCUSSION The city has agreed in principle to join BLS to comply with Chapter 35.90 RCW. The purpose of the agreement is to establish the terms under which Revenue's BLS work unit acts as the City's agent for the purpose of collecting, processing and disbursing information, licenses and fees related to the City's general business license activities. The City retains all power and authority over its business licensing and other regulatory activities except as expressly delegated in this agreement. RECOMMENDATION Council is being asked to forward this contract to the November 19, 2018 Regular Meeting Consent Agenda. ATTACHMENTS Agreement with Department of Revenue Business License Services. 77 78 DOR Contract Number: K1687 BUSINESS LICENSING SERVICES AGREEMENT I. Parties and Contact Information This Business Licensing Services Agreement ("Agreement") is entered into between the parties identified below: Mailing Address Delivery Address Contact Person State of Washington Department of DOR Business Licensing Service ("Revenue) PO Box 47475 Olympia, WA 98504-7475 6500 Linderson Way, SW, Ste. 102 Tumwater, WA 98501 Katie Early Phone: (360) 705-6607 E-mail: KatieE@dor.wa.gov City of Tukwila ("Partner) 6200 Southcenter Blvd Tukwila, WA 98188-2544 6200 Southcenter Blvd Tukwila, WA 98188-2544 Contact Person: Peggy McCarthy Phone: (206)433-1835 Email: Peggy.McCarthy@TukwilaWA.gov II. Purpose and Background The purpose of this Agreement is to establish the terms under which the Business Licensing Services (BLS) program of the Department of Revenue will act as Partner's agent for the purpose of collecting, processing, and disbursing information, licenses, and fees related to Partner's licensing or other regulatory activities, hereafter referred to as Confidential Licensing Information. Partner retains all power and authority over its business licensing and other regulatory activities except as expressly delegated to Revenue under this Agreement. Per RCW 35.090.020 (1) "a city that requires a general business license of any person that engages in business activities within that city must partner with the department (Revenue) to have such license issued, and renewed if the city requires renewal, through the business licensing service in accordance with chapter 19.02 RCW." III. Effective Date This Agreement is effective as of (check one) : ❑ (mm/dd/yyyy). the date of the last signature ® of the parties. IV. Services Provided by Revenue Revenue will perform the services identified in this Section IV using best efforts in a manner determined by Revenue in good faith to be appropriate considering objectives, costs, and effectiveness. • Distribute and process initial and renewal internet and/or paper -based applications for Partner's business licensing and/or other regulatory activities. Page 1 of 10 79 DOR Contract Number: K1687 • Collect and process license fees and licensing information received from applicants and licensees. Disburse collected fees as directed by Partner. • Issue Business License with Partner's license endorsement as authorized by Partner. • Provide routine reports on Partner's business licenses as requested by Partner, which may include daily lists of new business applications and renewals, fees processed each day, weekly list of pending accounts, and lists of businesses for which fees have been transferred. • Maintain electronic or microfilm images of all paper documents and electronic representations of electronic filings received by Revenue from applicants and provide copies or certified copies as requested. Maintain a database containing information received from applicants and licensees (the BLS Database). Provide technical assistance to establish and configure appropriate BLS Database access and secure access for Partner staff. Provide initial training to Partner staff in the use of the BLS Database, and ongoing training to address changes to the BLS database/access protocols or in Partner staff. Training will occur at Partner's location, over the telephone, or online, as agreed upon by the parties. Effect reasonable modifications in the BLS system, database, process, or forms to accommodate Partner's licensing or other regulatory requirements. Revenue will consult with Partner in evaluating alternatives and determining the most feasible and timely means of achieving Partner objectives. Timely notify Partner of other modifications to the BLS system, database, process, or forms, including modifications accommodating other BLS partners. V. Partner Obligations • Timely provide Revenue with all information requested to implement Partner's participation in the BLS program. • Follow all requirements identified by Revenue as necessary for participation in the BLS program, including using : o The Business License Application and other forms and processes established by Revenue; o The "Business License" document for proof of licensure under Partner's licensing or regulatory program. o The Unified Business Identifier (UBI) number to identify licensees and license accounts in all communications with Revenue. Obtain and maintain at its own cost, all necessary equipment and online services required at Partner's business location(s) to support Partner's access into and use of the BLS Database. End -to -end testing will take place until such time as Revenue is satisfied. • Ensure Partner Licensing and Information Technology staff are available to respond promptly to Revenue. Partner staff will be knowledgeable of Partner operations and/or technology and be able to assist Revenue staff with process improvements and/or troubleshooting. • Provide timely advance notice to Revenue of potential changes to Partner business licensing requirements, fees or processes. 80 Page 2 of 10 DOR Contract Number: K1687 Upon request by Revenue, provide statistical data associated with the BLS Partner Partnership Agreement such as Full Time Equivalent (FTE) savings, change in number of Partner licensees, and change in revenue flow. VI. Compensation Services identified in this Agreement are provided by Revenue at no charge with the exception of the following: Partner shall reimburse Revenue the costs of developing and producing ad hoc informational reports. Ad hoc reports will be created only if requested by the Partner and agreed -upon by Revenue. • Partner shall reimburse Revenue's expenses for the implementation of changes to the BLS process, if requested by the Partner and agreed -upon by Revenue. • All project coordination costs, including travel -related expenses, shall be absorbed by the respective parties for their own staff. VII. Billing Procedures Partner will provide and maintain with Revenue its current billing addresses and the personnel, if any, to whom invoices should be directed. Revenue shall submit invoices to Partner as -needed, but in no event more frequently than monthly. Partner shall pay all invoices by warrant or account transfer within thirty (30) calendar days of the invoice issue date. Upon expiration or termination of this Agreement, any claim for payment not already made shall be submitted within ninety (90) calendar days after the expiration/termination date or the end of the fiscal year, whichever is earlier. VIII. Confidentiality and Data Sharing The parties agree to the confidentiality and data sharing provisions set forth in Exhibit A and incorporated herein by this reference. IX. Term and Termination This agreement is effective until terminated. Either party may terminate this Agreement upon ninety (90) calendar days' prior written notice to the other party. This agreement may also be amended by mutual written agreement of both parties. X. Disputes The parties agree to participate in good faith mediation to resolve any disputes that are not otherwise resolved by agreement, prior to any action in court or by arbitration. At any time, either party may initiate formal mediation by providing written request to the other party setting forth a brief description of the dispute and a proposed mediator. If the parties cannot agree upon a mediator within fifteen (15) calendar days after receipt of the written request for mediation, the parties shall use a mediation service that selects the mediator for the parties. Each party shall be responsible for one-half of the mediation fees, if any, and its own costs and attorneys' fees. Page 3 of 10 81 DOR Contract Number: K1687 Xl. Miscellaneous A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington. Any action arising out of this Agreement must be commenced in Thurston County, Washington. B. Interpretation. This Agreement shall be interpreted to the extent possible in a manner consistent with all applicable laws and not strictly for or against either party. C. No Waiver. The failure of either party to enforce any term in any one or more instance will not be construed as a waiver or otherwise affect any future right to insist upon strict performance of the term. No waiver of any term of this Agreement shall be effective unless made in writing and signed by personnel authorized to bind the party against whom enforcement is sought. D. Assignment and Delegation. Either party may assign any right or interest, or delegate any duty or obligation, arising under this Agreement upon thirty (30) days written notice to the other party. E. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remaining provisions of this Agreement shall be given effect to the extent consistent with applicable law and the fundamental purpose of this Agreement. F. Survival. Terms of this Agreement which by their nature would continue beyond termination will survive termination of this Agreement for any reason, including without limitation, Sections 3 through 7 in Exhibit A. G. No third party beneficiaries. This Agreement is for the benefit of the parties and their successors and may not be enforced by any non-party. H. Amendments. No amendment to this Agreement is enforceable unless made in writing and signed by personnel authorized to bind the party against whom enforcement is sought. I. Merger and integration. 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. J. Changes in law. The provisions of this Agreement shall be deemed to change in a manner that is consistent with any changes to any directly applicable statutory authority, provided that the change is consistent with the manifest intent of this Agreement and does not conflict with any of its express provisions. Any such change to this Agreement shall be effective on the effective date of the change in authority. 82 Page 4 of 10 DOR Contract Number: K1687 IN WITNESS WHEREOF, this Agreement is executed effective as of the date specified above. State of Washington Department of Revenue Business Licensing Services Date Partner Date Template approved as to form Approved as to form On File Kelly Owings, Assistant Attorney General for Washington State Date Page 5 of 10 83 DOR Contract Number: K1687 EXHIBIT A CONFIDENTIALITY AND DATA SHARING AGREEMENT I. Purpose and Scope The following provisions establish the terms under which the Department of Revenue (Revenue") and Partner will share confidential data pursuant to the Business Licensing Services Agreement (the "Agreement"). II. Definitions A. "Confidential Licensing Information" (CLI) has the same meaning as "Licensing Information" under Revised Code of Washington (RCW) 19.02.115(1)(b). CLI is classified as at least Category 3 data under Washington's Standard for Securing Information Technology Assets, Office of the Chief Information Officer (OCIO) Standard No. 141.10. B. "Confidential Tax Information" (CTI) has the same meaning as "Return," "Tax Information," and "Taxpayer Identity" under RCW 82.32.330(b), (c), & (e). CTI is classified as at least Category 3 data under Washington's Standard for Securing Information Technology Assets, OCIO Standard No. 141.10. C. "Confidential" refers to data classified as at least Category 3 data under Washington's Standard for Securing Information Technology Assets, OCIO Standard No. 141.10. D. "Portable Devices" refers to small portable computing devices. Examples of portable devices include, but are not limited to handhelds/PDAs, Ultramobile PCs, flash memory devices (e.g., USB flash drives, personal media players), portable hard disks, and laptop/notebook computers. E. "Portable Media" refers to small portable digital storage media. Examples of portable media include, but are not limited to optical media (e.g., CDs, DVDs, Blu-Rays), magnetic media (e.g., floppy disks, tape, Zip or Jaz disks), or flash media (e.g., CompactFlash, SD, MMC). F. "Data" refers to individual pieces of information. G. "Cloud" refers to a non -Partner data center(s) offering infrastructure, operating system platform, or software services. A more complete definition of "cloud" can be found in the National Institute of Standards (NIST) Special Publication 800-145. H. "Encryption" refers to enciphering data with a NIST-approved algorithm or cryptographic module using a NIST-approved key length. I. "Complex Password" or "Complex Passphrase" refers to a secret phrase, string of characters, numbers, or symbols used for authentication that is not easily guessable and meets an established industry guideline for complexity and length, such as NIST Special Publication 800- 118. Ill. Data Classification, Authorized Use, Access, and Disclosure A. Data Classification: Data shared under this Agreement is considered confidential and classified as at least Category 3 data under Washington's Standard for Securing Information Technology Assets, OCIO Standard No. 141.10. B. Permitted Uses: Business licensing information may be used for official purposes only. C. Permitted Access: Business licensing information may be accessed only by Partner's employees and agents that have a bona fide need to access such information in carrying out their official duties. D. Permitted Disclosure: Business licensing information received under the Agreement must not be disclosed to non-parties unless the disclosure is: 1) Ordered under any judicial or administrative proceeding; or 2) Otherwise expressly authorized by Revenue in writing. 84 Page 6 of 10 DOR Contract Number: K1687 IV. Confidentiality Partner and Revenue each agree to keep confidential and secure from unauthorized use, access, or disclosure all confidential data received under the Agreement. A. Ensuring Security: Partner shall establish and implement physical, electronic, and managerial policies, procedures, and safeguards to ensure that all confidential data exchanged under this Agreement is secure from unauthorized use, access, or disclosure. B. Proof of Security. Revenue reserves the right to monitor, audit, or investigate Partner's security policies, procedures, and safeguards for confidential data. Partner agrees to provide information or proof of its security policies, procedures, and safeguards as reasonably requested by Revenue. V. Statutory Prohibition Against Disclosure; Confidentiality Agreement A. Criminal Sanctions. RCW 19.02.115(2) prohibits the disclosure of Confidential Licensing Information, except as expressly authorized under RCW 19.02.115(3). RCW 82.32.330(2) prohibits the disclosure of Confidential Tax Information except as expressly authorized under RCW 82.32.330(3). It is a misdemeanor for any person acquiring Confidential Licensing Information or Confidential Tax Information under this Agreement to disclose such information in violation of the disclosure limitations stated in RCW 19.02.115 and RCW 82.32.330. Partner will require employees with access to Confidential Licensing Information and/or Confidential Tax Information to sign a copy of the confidentiality agreement attached at Exhibit C. VI. Breach of Confidentiality In the event of any use, access, or disclosure of confidential data by Partner, or its employees or agents in material violation of the terms of this Agreement: A. Partner shall notify Revenue in writing as soon as practicable, but no later than three working days, after determining that a violation has occurred. B. Revenue may immediately terminate this Agreement and require the certified return or destruction of all records containing confidential data received under the Agreement. VIII. Data Security Confidential data provided by Revenue shall be stored in a secure physical location and on Partner - owned devices with access limited to the least number of staff needed to complete the purpose of this Agreement. A. Partner agrees to store data only on one or more of the following media and protect the data as described: 1) Workstation hard disk drives a) Access to the data stored on local workstation hard disk drives will be restricted to authorized users by requiring logon to the local workstation using a unique user ID and complex password, passphrase, or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. b) If the workstation is not located in a secure physical location, hard drive must be encrypted. c) Workstations must be maintained with current anti-malware or anti -virus software. d) Software and operating system security patches on workstations must be kept current. Page 7 of 10 85 DOR Contract Number: K1687 2) Network servers a) Access to data stored on hard disks mounted on network servers and made available through shared folders will be restricted to authorized users through the use of access control lists, which will grant access only after the authorized user has authenticated to the network using a unique user ID and complex password, passphrase, or other authentication mechanisms that provide equal or greater security, such as biometrics or smart cards. b) Data on disks mounted to such servers must be located in a secure physical location. c) Servers must be maintained with current anti-malware or anti -virus software. d) Software and operating system security patches on servers must be kept current. 3) Backup tapes or backup media a) Partner may archive Revenue data for disaster recovery (DR) or data recovery purposes. b) Backup devices, tapes, or media must be kept in a secure physical location. c) Backup tapes and media must be encrypted. d) When being transported outside of a secure physical location, tapes or media must be under the physical control of Partner staff with authorization to access the data or under the physical control of a secure courier contracted by Partner for transportation purposes. 4) Cloud Storage a) Revenue will meet cloud and data requirements in Washington's Standard for Securing Information Technology Assets, OCIO Standard 141.10. b) Revenue and Partner will, at a minimum, meet the following requirements: i. Encrypt the data at rest and in transit. ii. Control access to the cloud environment with a unique user ID and complex password, passphrase, or stronger authentication method such as a physical token or biometrics. iii. Cloud provider data center(s) and systems must be Service Organization Control (SOC) 2 Type II certified. 5) All data provided by Revenue shall be stored on a secure environment by city staff. The City will implement these policies to ensure this security: a) Staff will not store or place any Revenue material on any portable devices or portable media (USB devices, CD/DVD, etc.). b) Staff will not email information provided by Revenue to anyone outside of City staff. c) Staff shall only access Revenue information on a City network computer. d) Staff will not save any Revenue reports or data on the hard drive of any City computer. It shall only be stored on a City network. B. Protection of Data in Transit Partner agrees that any retransmission of Revenue data over a network, other than the Partner's internal business network will be encrypted. 86 Page 8 of 10 DOR Contract Number: K1687 IX. Data Segregation Revenue data must be segregated or otherwise distinguishable from non -Revenue data. This is to ensure that if the data is breached through unauthorized access it can be reported to Revenue and when the data is no longer needed by Partner, all Revenue data can be identified for return or destruction. X. Data Breach Notification If Partner or its agents detect a compromise or potential compromise in the data security for Revenue data such that data may have been accessed or disclosed without proper authorization, Partner shall give notice to Revenue within one (1) business day of discovering the compromise or potential compromise. Partner shall take corrective action as soon as practicable to eliminate the cause of the breach and shall be responsible for ensuring that appropriate notice is made to those individuals whose personal information may have been improperly accessed or disclosed. At a minimum, notification to Revenue will include: A. The date and time of the event; B. A description of the Revenue data involved in the event; and C. Corrective actions the Partner is taking to prevent further compromise of data. XI. Disposition of Data A. Records furnished to the Partner in any medium remain the property of Revenue. B. Revenue data no longer needed by the Partner must be disposed of following the data destruction procedures in this Agreement. C. Upon the destruction of Revenue data, the partner shall complete a Certification of Data Disposition (attached to this Agreement as Exhibit B), and submit it to the Contract Manager within 15 days of the date of disposal. XII. Data Destruction Procedures The following are acceptable destruction methods for various types of media. At least one method defined under the various types of media must be used to destroy Revenue data for that media type. A. Optical discs 1) Incinerate the disc(s); or 2) Shred the discs. B. Magnetic tape(s) 1) Degauss; 2) Incinerate; or 3) Crosscut shredding C. Digital files on server or workstation hard drives or similar media 1) For mechanical hard drives, use a "wipe" utility which will overwrite the data at least 3 times using either random or single character data; 2) For solid state hard drives, use a "secure erase" utility that resets all cells to zero; 3) Degauss sufficiently to ensure that the data cannot be reconstructed; or 4) Physically destroy disk(s) Page 9 of 10 87 DOR Contract Number: K1687 D. Portable media 1) For mechanical hard drives, use a "wipe" utility which will overwrite the data at least 3times using either random or single character data; 2) For solid state hard drives and devices, use a "secure erase" utility that resets all cells to zero; 3) Degauss sufficiently to ensure that the data cannot be reconstructed; 4) Physically destroying disk(s) or devices; or 5) For SmartPhones and similar small portable devices use one of the following: a) If the devices are encrypted and secured with a complex password, the data is considered destroyed. Before disposal or reissuance of the device, make sure the data is encrypted and then reset the device to original or new condition; or b) If a Mobile Device Management (MDM) solution for the device exists, enable the remote wipe command to destroy the data. E. Cloud Storage Use the cloud provider's procedures to permanently delete the files and folders. ****end***** 88 Page 10 of 10 Finance Committee Minutes November 6, 2018 B. TAX LEVY LEGISLATION Staff is seeking Council approval of two ordinances relating to property tax: one that would increase the City's Regular Property Tax Levy from 2018, 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 $6,709,378,301. The ordinance to set the general tax levy also includes the excess levy related to the Public Safety Plan, which will be assessed as long as the bonds are outstanding. The total excess levy requirement for 2019 is $2,840,000 with an approximate levy rate of $0.43 per thousand. The maximum allowable levy is estimated to be $3.49003, but due to the 1% limitation, the preliminary levy rate is estimated to be $2.37331, UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 13, 2018 COMMITTEE OF THE WHOLE. C. BUDGET LEGISLATION Staff is seeking Council approval of an ordinance to adopt the 2019-2020 Biennial Budget and a resolution to adopt the 2019-2020 Financial Planning Model and Capital Improvement Program. These are the legislative mechanisms to adopt the budget and CIP but the Council still has budget discussion scheduled for the next several Council meetings. FORWARD TO NOVEMBER 13, 2018 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. D. RESOLUTION: FINANCIAL POLICIES Staff is seeking Council approval of a resolution that would amend the General Financial Policies that are included as appendices to the adopted Budget and Capital Improvement Program. The policies represent values and expectations for financial planning, budging, accounting, report and other management practices. Revisions for the next biennium include two new policies and minor adjustments to the others. Proposed new policy FP-7 would clarify the interpretation of TMC 3.32.040 to mean that if sufficient appropriation exists to cover a capital purchase within the Mayor's signing authority, it is deemed budgeted and does not require Committee approval. Proposed new policy GF-6 states that the City Council will receive a list of contracts on a quarterly basis, proposed to begin in 1st Quarter 2019. Councilmember Kruller questioned whether the proposed interpretation of "unbudgeted" in TMC 3.32.040 would reduce Council's visibility to certain transactions. Councilmember Robertson expressed that Council time could be better spent on more impactful issues and he supports the interpretation. Committee Chair Quinn indicated this interpretation, along with the new policy on contract reporting, would move the Council forward. Policy GF-5 was also discussed, though no revisions to this policy were proposed. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 13, 2018 COMMITTEE OF THE WHOLE. E. AGREEMENT: BUSINESS LICENSING Staff is seeking Council approval of an agreement with the Washington State Department of Revenue Business License Services (BLS) to establish the terms under which BLS will act as the City's agent for processing business licenses. Engrossed House Bill 2005 requires any city with a general business license to partner with the state on a combined license service. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 89 90 COUNCILAGENDA SYNOPSIS Meeting Date 11/19/18 Prepared VC Mayor's review,„ Council review ITEM INFORMATION ITEM No. 3.E. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 11/19/18 AGENDA MN TITLK Resolution Ordering the Cancellation of Past Due Accounts Receivable CATEGORY Discussion Mtg Date E Motion AItg Date Z Resolution Mg tDale 11/19/18 E Ordinance Alty Date E Bid Award Mt g Date E Public Hearing Mg Dale [1:1 Other AN Date SPONSOR Cowlitz'/ Mayor i-1R DCD Finante Fire 71 EPR EPolice EPW Court SP oNS() It' S There are certain accounts receivable that have been deemed uncollectible and need to be SUMMARY removed from the Accounts Receivable ledger. The Council is being asked to consider and approve the resolution ordering their cancellation. Rrxii Avi,;1) BY E C.O.W. Mtg. E CDN Comm Ej Trans &Infrastructure L Arts Comm. DATE: 11/6/2018 Finance Comm. 111 Public Safety Comm. Comm. 0 Planning Comm. CHAIR: QUINN E Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Finance Department Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXIT,NDITURF; Rk(),UIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 10/29/2018 Resolution in final form with Attachment A Minutes from the Finance Com. meeting of 11/6/18 91 92 TO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Finance Committee Peggy McCarthy, Finance Director Vicky Carlsen, Deputy Director CC: Mayor Ekberg DATE: October 29, 2018 SUBJECT: Cancellation of Accounts Receivable ISSUE Each year a resolution comes before the Council for the cancellation of uncollectable accounts receivable. For 2018, these items include: False Alarms equaling $12,397.35, Miscellaneous Billings equals $435.00 for a grand total of $12,832.35. BACKGROUND The process for tracking accounts receivable is quite thorough. The steps below are followed prior to preparation of the attached write-off resolution. • Invoice is sent to the recipient by the Finance Department payable in 30 days. • If payment is not received within 30 days, the receivable is forwarded to our collection agency, Armada Corp., and placed into pre -collect status. • At this time, Armada sends a Delinquency Notice to debtor notifying them of the past -due status of the receivable and asks them to contact the City to make payment. Payments can still be made directly to the City while in pre -collect status. • Once 30 days has passed in pre -collect status, the receivable then rolls over to active collections. At the onset of active collections, a letter is sent to the debtor notifying them of status change and advising that all payments must now be made through the collection agency. • When in active collections status, debtor is contacted both by phone and letter. A search is made for assets with which the debt could be satisfied. Once the debt has been in active collections for 45 days, it is then reported to the national credit bureaus. • The last process in the collections cycle is the pursuit of legal action. This includes attaching checking accounts, garnishments and lawsuits. • The City will not issue or renew a business license until all outstanding debt owed to the City is paid. • It should be noted that while a debt may be written off our books: it is still active in Armada's collection process. DISCUSSION The proposed amount of the 2018 Cancellation of Accounts Receivable is $12,832.35. This is an annual housekeeping item. FINANCIAL IMPACT The financial impact of cancelling $12,832.35 will be to reduce our accounts receivable balance by this amount. Please note that while we are writing off the accounts receivable for accounting purposes., the accounts are still being actively worked for collection purposes with the exception 93 INFORMATIONAL MEMO Page 2 of those accounts where a responsible party cannot be identified. Accounts covered by bankruptcy law cannot be pursued. RECOMMENDATION The Council is being asked to approve the annual resolution authorizing the cancellation of Accounts Receivable and to forward this item to the Regular Meeting Consent Agenda of 11/19/2018. ATTACHMENTS Attachment A — Past Due Accounts Receivables 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST DUE ACCOUNTS RECEIVABLES WHEREAS, certain receivables have been deemed uncollectable after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Miscellaneous Accounts Receivable. The total of $12,832.35 (per Attachment A) is deemed uncollectable. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, 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: Exhibit A — Past Due Accounts Receivables W:\Word Processing\Resolutions\Past Due Accts Receivables 10-31-18 VC:bjs Page 1 of 1 95 96 Attachment A - Past Due Accounts Receivables 2018 Write -Offs O Z O E C 0 0 d Account Name O 0 0 >0.1 > N .y 0 0 0. 0_ u) u) 0 C) C C 7 7 0 0 O m N N CO u) u) O 0 000UUU 000000 o O O O O O O 0 0 0 0 0 0 0 (I) 0 0 0 0 0 N (D 0 (D CO CO 000.342.400.00.00 000.342.400.00.00 000.342.400.00.00 000.342.400.00.00 CO 0) CO &) C/) 0) W W W W W w w w w w w u_ LL u_ LL LL LL ZZZZZZ 000000 F- F- F- F- F- I- C.) U U U U U W W W W W CI. aCI. CI. aa (n00) ZZZZZZ W W W W W W EC LY LY CC N CO CO 01 N M CON CO N O u_ cC 0 O u_ LY 0 O cc 0 0) N LL. lY 0 O LL lY 0 N O LL LY 0 O 0 0 0 0 0 O F & G TRADING LLC .HELLE APARTME F- O= CC a Z 0 0 ° 5 � a. Lei.. a_ 2 LY LY (n (O (O CO C O 0 C) O 0 O 0 4) O cn C O 0 N ca C C 0 0 ections 00 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 0 ti L- O ,> u) C C o 0 0. (0 C) N C C 7 r (D (\ N a-• CO N N C C 0 0 U U 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 (O N M rt 0 L() 0 0 0 0 0 0 0 0 (O CO O (O CO CO 0 0 0 0 0 0 0 0 0- M (O O a) h 141 (0O0LO000o no a)oa) N N N N N N (O 0- O (O V 00 M N N- 000.342.800.00.00 FALSE ALARM #3 FALSE ALARM #4 O M O Li FALSE ALARM #5 L` h M 0 LL LL 000.342.800.00.00 000.342.800.00.00 co r- Ce CC Q Q Q Q Q w w w w w Cr) (n 0) 0) U J J J J J LQL LQL IQi LL LQL. CO M O LL LL N CO O LL 0 a) (f) N CO O u_ 0 CO N M O u- 0 000.342.800.00.00 WO#21601611 000.342.800.00.00 WO #21601606 0 (O N CO CO M CO CO M d• V• V CO V NNNNN N O O O O O O CO CO CO CO CO (O CO (O (0 (0 CO (O CO CO (0 (O 0O0(n(nrn��co�N- CD COM CO N V• (O CO CO O) O 0 N- N N N 0 0 0 O 0 HAAKENSON GROUP HAAKENSON GROUP 0 0 tY 0 z 0 zx W U QY W Q ~ x r xxxx U U U U W w w W F F- F- F- rrrr NUR ADEN W U w DC z D m z W 2 O HEARTLAND EXPRESS (0 M N BRENT SIMMONS w Y Y Y Z W Z w O g g g I- W z Q 2 _ _ = Q m 0 _ 0 cn C 0 0_ u) co- "0" vi 0 O a) N 0 0_ 0 7 LO O M N_ V! 0 O 0 0 0 U 0 0 co co co o 0 0 0 0 O O O O N LO N N 00 N 000.359.900.00.00 000.359.900.00.00 CO 0 CO 0 L- CO 9 O CL0 0 0 O 0 N N 000.359.900.00.00 M CO N O LL a (0 HRUSOBSKY RESIDENCE Grand Total 97 98 Finance Committee Minutes November 6, 2018 F. RESOLUTION: CANCELLATION OF UNCOLLECTABLE ACCOUNTS Staff is seeking Council approval of the annual resolution that would declare the cancellation of uncollectible accounts receivable. The total for this year includes false alarm fees equaling $12,397.35, miscellaneous billings equaling $435.00 and NSF checks equaling $435 for a total of $12,832.35. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. III. MISCELLANEOUS Adjourned at 5:48 p.m. Committee Chair Approval Minutes by PM 99 100 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 11/19/18 Prepared by HH Mayor's review eX' Council review t•\ ITEM INFORMATION ITEM No. 3.F. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 11/19/18 AGENDA ITEM TIME 2017 Overlay and Repair Program Project Completion and Acceptance CATEGORY . Discussion Z Motion Mg Date 11/19/18 E] Resolution Mtg Date 11 Ordinance Mtg Date U Bid Award Al tg Date ['Public Hearing Mtg Date U Other Mtg Date Mg Date SPONSOR Council UMayor 01-IR Li DCD U Finance UFire UTS UP&R UPolice Zmr7 UCourt SP ONSOR' S The contract with ICON Materials is complete for the 2017 Overlay and Repair Program. SUMMARY This project included asphalt paving at five locations and a portion of the parking lot at Fort Dent Park. Construction began August 14, 2017 and was physically completed on October 27, 2017. Additional warranty work kept the contract open. Underruns show a credit of ($96,278.62). Council is being asked to accept and finalize the contract with ICON Materials for $563,162.38. REVIEWED BY 0 C.O.W. Mtg. 0 CDN Comm El Finance Comm. III Public Safety Comm. U Arts Comm. Ej Parks Comm. ill Planning Comm. cOmmIllEE CHAIR: THOMAS MCLEOD Trans &Infrastructure DATE: 11/13/18 RECOMMENDATIONS: SPONSOR/ADMIN. CommiTrEE Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $563,162.38 $692,413.05 $ Fund Source: 104 ARTERIAL STREETS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 11/09/18 Notice of Completion Contract #17-141 Minutes from the Transportation and Infrastructure Committee 11/13/18 101 102 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director //// BY: Scott Bates, Traffic Engineering Coordinator CC: Mayor Ekberg DATE: November 9, 2018 SUBJECT: 2017 Overlay and Repair Program Project No. 91710401, Contract No. 17-141 Project Completion and Acceptance ISSUE Accept the construction contract with ICON Materials as complete and authorize release of performance bond. BACKGROUND The Notice to Proceed for Contract No. 17-141 with ICON Materials, Inc. of Pacific, Washington was issued on August 14, 2017 for the 2017 Overlay and Repair Project. This overlay project provided hot mix asphalt paving at five locations throughout the City and a portion of the parking lot at Fort Dent Park. The street improvements included: pavement grinding; asphalt paving; removing and replacing concrete curbs; gutters; sidewalks and ADA ramps; adjusting surface utilities to grade; and installing roadway channelization. ANALYSIS Construction was physically completed on October 27, 2017. The budget for the 2017 Overlay & Repair construction was $692,413.05 for Schedule "A" and "B" (Fort Dent). This included a 5% contingency, which was not utilized. No change orders were executed. A performance bond is being held for the retainage. In late 2017, after the paving weather window closed, it became apparent cosmetic pavement warranty work was needed at Fort Dent and this work was recently completed in 2018. Construction Contract Amount Under -runs Total Amount Paid $659,441.00 (96,278.62) $ 563,162.38 RECOMMENDATION Council is being asked to formally accept and authorize the release of the performance bond, subject to standard claim and lien release procedures, for the 2017 Overlay and Repair Project with ICON Materials, in the final amount of $563,162.38 and consider this item on the Consent Agenda at the November 19, 2018 Regular Meeting. ATTACHMENTS Notice of Completion Contract No. 17-141 W:IPW EngIPROJECTSIA- RW & RS ProjectsWnnual Overlay & Repair Programs12017 Overlay & Repair Program(9170401)1Construc0on\Contractor\Close Out to TC1Docs to TICGnfo memo 2017 Overlay Closeout gl.docz 103 104 (Y1 Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: 10-9-2018 Contractor's UBI Number: 601 006 854 Name & Mailing Address of Public Agency City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 UBI Number: 91-6001519 Department Use Only Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name 2017 Annual Overlay Program 917104401 Contract Number 17-141 Job Order Contracting ❑ Yes VNo Description of Work Done/Include Jobsite Address(es) Hot Mix Asphalt (HMA) Overlay at the following locations: S.128th St, S.133rd St, S.130th St, S.143rd St, 45th Ave s and Ft dent park. Federally funded transportation project? ❑ Yes [1 No (if yes, provide Contract Bond Statement below) Contractor's Name ICON E-mail Address mark.eichelberger@iconmatef Affidavit ID* 771616 Contractor Address 1508 Valentine Ave SE Pacific, WA 98047 Te 206-575-3200 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: Fidelity and deposit Company of Maryland Bond Number: 9262708 Date Contract Awarded 8-7-17 Date Work Commenced 8-14-2017 Date Work Completed 10-4-2018 Date Work Accepted - Were Subcontracters used on this project? If so, please complete Addendum A. LYjYes ❑ No' [if Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions (+ ) Reductions (- ) Sub -Total Sales Tax Rate n/a rule 171 e% (If various rates apply, please send a breakdown) Sales Tax Amount i $ 659,441.00 $ 96,278.62 $ 563,162.38 $ Liquidated Damages $ 0.00 Amount Disbursed $ 563,162.38 Amount Retained $ 0.00 TOTAL $ 563.1 62.38 • - NOTE: These two totals must be equal TOTAL $ 563,162.38 Comments: Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: Diane.jaber@tukwilawa.gov fta Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov Washington State Department of Labor & Industries Contract Release (655) 545-8163, option # 4 ContractRelease@LN I. WA.GOV Title: Fiscal Specialist Phone Number: 206-433-1871 Employment Security Department Registration, Inquiry, Standards 8, Coordination Unit (360) 902-9450 publicworks@esd.wa.gov 105 REV 31 0020e (10/26/15) F215-038-000 10-2014 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* Northwest concrete cutting 603 572 428 751318 0-CO Concrete Construction 603 560 682 752635 Pacwest grinding 603 493 970 753276 Bilbrey Construction 603 002 155 752792 Apply -a -line 600 553 941 776714 Moby's 24hr street sweeping 603 358 194 752391 Cascade Utility adjusting 603 407 046 751324 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 110)&0e Addendum (10/26/15) F215-038-000 10-2014 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 13, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair, De'Sean Quinn, Zak Idan Staff: David Cline, Henry Hash, Hari Ponnekanti, Cyndy Knighton, Scott Bates, Steve Carstens, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. MISCELLANEOUS Staff stated that after reporting last week that the 53rd Avenue South project could be paved by the end of December, the contractor communicated that the cost would be an additional $110k. This is cost prohibitive, and paving conditions are generally better in February anyway. Chair McLeod will report out at the Council meeting. I. BUSINESS AGENDA A. South 140th Street Pedestrian Improvements Staff reported that the siting and design work is continuing along with communication with the Director of the Abu Bakr Islamic Center. The Transportation Improvement Board meets at the end of this week and the City should hear on the status of its grant application soon. DISCUSSION ONLY. B. Project Completion: 2017 Overlay and Repair Program Staff is seeking Council approval of project completion and release of the retainage bond to ICON Materials, Inc. for a project total of $563,162.38 for the 2017 Overlay and Repair Project. This project provided hot mix asphalt paving at five locations and a portion of the parking lot at Fort Dent Park. Construction was completed on October 27, 2017. Cosmetic pavement warranty work was recently completed at Fort Dent Park. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. C. Project Completion: Baker Boulevard Non -Motorized Improvements Project Staff is seeking Council approval of project completion and release of the retainage bond to Road Construction Northwest, Inc. for a project total of $828,198.09 for the Baker Boulevard Non -Motorized Improvements Project. This project included bike lanes and a road diet on Baker Boulevard from Andover Park West to Christensen Road. Reconstruction of the sidewalk access ramps at the intersection of Andover Park East/Baker Boulevard was part of the Americans with Disabilities Act Program and included with this project for cost savings. Work was physically completed on July 2. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 107 108 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 11/19/18 Prepared by HH Mayor's review Council review ITEM INFORMATION ITEM No. 3.G. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 11/19/18 AGENDA ITEM TITLE Baker Boulevard Non -Motorized Improvements Project Completion and Acceptance CATE(;ORY LI Discussion Mtg Date 4 Motion Date 11/19/18 [1] Resolution Mtg Date 0 Ordinance AltDate Bid Award ilk, Date 0 Public Hean'q Mtg Date 0 Other Mg Date Mtg SPONSOR LI6ouncii LjMyor 0HR 0DCD LIFinance flFire flTS LIP&R flPolice Court el PW SP oNSOR' S The contract with Road Construction Northwest, Inc. is complete for the Baker Boulevard SUMMARY Non -Motorized Improvements. This project included the installation of bike lanes, ADA ramps, and a road diet on Baker Boulevard from Andover Park East to Christensen Road. Construction began August 28, 2017 and was physically completed on July 2, 2018. Overruns show additional charges of $29,055.09. Council is being asked to accept and finalize the contract with Road Construction Northwest for $828,198.09. REVIEWED BY 0 C.O.W. Mtg. CDN Comm El Finance Comm. Public Safety Comm. El Trans &Infrastructure Arts Comm. El Parks Comm. II Planning Comm. DATE: 11/13/18 COMMITTEE CHAIR: THOMAS MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE RI;.QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $828,198.09 $882,000.00 $ Fund Source: 104 ARTERIAL STREETS Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 11/09/18 Notice of Completion Contract #17-128 Minutes from the Transportation and Infrastructure Committee 11/13/18 109 110 City of Tu Public Works Department - Henry Hash, Director Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director ,// BY: Scott Bates, Traffic Engineering Coordinator CC: Mayor Ekberg DATE: November 9, 2018 SUBJECT: Baker Boulevard Non -Motorized Improvements Project Project No. 91610409, Contract No. 17-128 Project Completion and Acceptance ISSUE Accept the construction contract with Road Construction Northwest, Inc. as complete and authorize release of retainage. BACKGROUND Baker Boulevard Non -Motorized Improvements included bike lanes and a road diet on Baker Boulevard from Andover Park West to Christensen Road. Reconstruction of the sidewalk access ramps at the intersection of Andover Park East/Baker Blvd was part of the City's Americans with Disabilities Act (ADA) Program and was included with this project for cost savings. The Notice to Proceed for Contract Number 17-128 with Road Construction Northwest of Renton, WA was issued on August 28, 2017 and construction was physically completed on July 2, 2018. The last remaining Affidavit of Wages Paid was received on July 17, 2018. FINANCIAL IMPACT The Baker Boulevard Non -Motorized Improvements' budget was $882,000, which included a 10% contingency and was funded with a $1 million grant from King County Department of Natural Resources and Parks and the City's ADA Improvement Program. Minor overruns and underruns on quanties for traffic control, utility conflict resolution and landscape restoration resulted in a 3.7% increase to the original contracted amount. Retainage is being held by the City in the amount of $41,409.89. Contract Construction Contract Amount (N/A — Rule 171) $ 799,143.00 Unit Price Overruns/Underruns 29,055.09 Total Contract Amount $ 828,198.09 RECOMMENDATION Council is being asked to formally accept the Baker Boulevard Non -Motorized Improvement Project with Road Construction Northwest, Inc. in the amount of $828,198.09 as complete, and authorize the release of retainage subject to standard claim and lien release procedures, and to consider this item on the Consent Agenda at the November 19, 2018 Regular Council Meeting. ATTACHMENT Notice of Completion, Contract #17-128 W:1PW EngIPROJECTSW- RW & RS Projects Baker Blvd Non -Motorized (91610409)1Construction\Closeout to TIC11nfo Memo_2018 Baker NM Closeout 110918 gl.docx 111 112 .f. Date: 7-9-2018 g Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: 602-286-010 Name & Mailing Address of Public Agency City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 UBI Number: Department Use Only Assigned to: Date Assigned: Notice is hereby iven relative to the complet on of contract or project described below Project Name Baker Non -Motorized improvement project 91610409 Contract Number 17-128 Job Order Contracting ❑ Yes ENo Description of Work Done/Include Jobsite Address(es) Construction of new curbing, gutters, decorative sidewalks, storm improvements, illumination, ADA improvements and rechannelization of Baker Blvd. Job site: 120 Christensen rd Tukwila, WA 98188 Federally funded transportation project? ❑ Yes LYJ No (if yes, provide Contract Bond Statement below) Contractor's Name Road Construction Northwest E-mail Address matt@rcnw.com Affidavit ID* 851566 Contractor Address PO Box 2228, Renton, WA 98056 Te 425-777-7321 ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. ❑ Contract/Payment bond (valid for federally funded transportation projects) • Retainage Bond Name: Bond Number: Date Contract Awarded 7-17-2017 Date Work Commenced 8-16-2017 Date Work Completed 7-2-2018 Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. [1Yes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions (+ ) Reductions (- ) Sub -Total Sales Tax Rate n/a rule 171 (If various rates apply, please send a breakdown) Sales Tax Amount TOTAL 799,143.00 29,380.09 $ 828,523.09 $ $ 828.523.09 Liquidated Damages $ 0.00 Amount Disbursed $ 828,523.09 Amount Retained $ 0.00 NOTE: These two totals must be equal TOTAL $ 828,523.09 Comments: Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Email Address: Diane Jaber Diane.jaber@tukwilawa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov CoWashington State Department of Labor & Industries Contract Release (855) 545-8163, option # 4 ContractRelease@LNI. WA.GOV Title: Fiscal Specialist Phone Number: 206-433-1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks©esd.wa.gov REV 31 0020e (10/26/15) F215-038-000 10-2014 113 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* OMA construction 601872128 857931 West Coast Signal 603149602 853581 Best Parking Lot Services 601901928 797971 Salinas sawing and drilling 604717158 802099 American Survey 603226051 852070 Stripe rite 601048084 797031 Icon Materials 601006854 852283 Northwest flagging 603556549 873713 Westcoast Landscaping 601227266 810755 Four Seasons Concrete 603492142 855338 Ventilation Power cleaning 578089188 753149 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014 114 City of Tukwila City Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes November 13, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Thomas McLeod, Chair, De'Sean Quinn, Zak Idan Staff: David Cline, Henry Hash, Hari Ponnekanti, Cyndy Knighton, Scott Bates, Steve Carstens, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m. MISCELLANEOUS Staff stated that after reporting last week that the 53rd Avenue South project could be paved by the end of December, the contractor communicated that the cost would be an additional $110k. This is cost prohibitive, and paving conditions are generally better in February anyway. Chair McLeod will report out at the Council meeting. I. BUSINESS AGENDA A. South 140th Street Pedestrian Improvements Staff reported that the siting and design work is continuing along with communication with the Director of the Abu Bakr Islamic Center. The Transportation Improvement Board meets at the end of this week and the City should hear on the status of its grant application soon. DISCUSSION ONLY. B. Project Completion: 2017 Overlay and Repair Program Staff is seeking Council approval of project completion and release of the retainage bond to ICON Materials, Inc. for a project total of $563,162.38 for the 2017 Overlay and Repair Project. This project provided hot mix asphalt paving at five locations and a portion of the parking lot at Fort Dent Park. Construction was completed on October 27, 2017. Cosmetic pavement warranty work was recently completed at Fort Dent Park. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. C. Project Completion: Baker Boulevard Non -Motorized Improvements Project Staff is seeking Council approval of project completion and release of the retainage bond to Road Construction Northwest, Inc. for a project total of $828,198.09 for the Baker Boulevard Non -Motorized Improvements Project. This project included bike lanes and a road diet on Baker Boulevard from Andover Park West to Christensen Road. Reconstruction of the sidewalk access ramps at the intersection of Andover Park East/Baker Boulevard was part of the Americans with Disabilities Act Program and included with this project for cost savings. Work was physically completed on July 2. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. 115 116 COUNCIL AGENDA SYNOPSIS Initials MeetinsDate Prepared by Mayor's review Counci I review 11/19/18 HH 1L/4 - ITEM INFORMATION ITEM No. 3.H. STAFF SPONSOR: HENRY HASH ORIGINAL AGENDA DATE: 11/19/18 AGENDA ITIMTITu1 Strander Boulevard Extension Phase 3 Value Engineering Consultant Agreement CATEGORY LI Discussion Mtg Date M Motion Mtg Date 11/19/18 [I] Resolution Mtg Date 111 Ordinance Mg Date 11 Bid Award Mtg Date 0 Public Hearing Mtg Date 11] Other Mtg Date SPONSOR LICouncil 0Mayor LIFJR El DCD LIFinance Ohre LITS LIP&R LIPolice HPW LICourt SP °Molt' S Council is being asked to approve a consultant contract for Value Engineering of the SUMMARY Strander Boulevard Extension Phase 3 Project in the not to exceed amount of $75,000. The design consultant is currently at the 30% level and a value engineering consultant contract will analyze the project's scope and costs. RFQs were published and three consultants responded with interviews forthcoming. Due to time constraints, Council is being asked to authorize a contract in the not to exceed amount of $75,000. REVIEWED BY LI C.O.W. Mtg. III CDN Comm LI Finance Comm. El Public Safety Comm. LI Arts Comm. LI Parks Comm. LI Planning Comm. COMMITTEE CHAIR: THOMAS MCLEOD Trans &Infrastructure DATE: 11/13/18 RECOMMENDATIONS: SPONSOR/ADMIN. CommuTIT Public Works Department Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPI NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $75,000.00 $6,128,000.00 $ Fund Source: 104 ARTERIAL STREET FUND Comments: (page 10, Proposed 2019 CIP) MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 11/09/18 2017 CIP, page 13 and page 10, Proposed 2019 CIP Current project cost estimate Minutes from the Transportation and Infrastructure Committee 11/13/18 117 118 Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director , // BY: Steve Carstens, PE, Senior Program Manager CC: Mayor Ekberg DATE: November 9, 2018 SUBJECT: Strander Boulevard Extension Phase 3 Project No. 98610403 Project Update and Value Engineering Consultant Approval ISSUE Update on the Strander Blvd Extension Phase 3 Project and approve Value Engineering consultant contract. BACKGROUND The City of Renton completed Phase 1 of the Strander Boulevard/SW 27th Street (Oakesdale Avenue to Naches Avenue) in 2008 and Phase 2 (Naches Avenue to the new Tukwila Station/Sounder Commuter Rail Station parking lot, between BNSF and UPRR) in 2014. Phase 3 is being led by the City of Tukwila. Tukwila received Federal grant funding for the preliminary engineering and right-of-way phases and is proceeding with the design process as part of the preliminary engineering phase. DISCUSSION In May 2018, Berger ABAM (Berger) provided the City with the 30% plans for review and an updated cost estimate of the total project costs. Since May 2018, the consultant and staff have been focused on addressing the comments on the 30% plans and continuing utility coordination. A Value Engineering Request for Qualifications (RFQ) was advertised and three consultants responded on November 1, 2018 and will be interviewed for a forthcoming consultant contract. Due to time constraints, we are asking approval for the Value Engineering consultant contract in a not to exceed amount of $75,000. FISCAL IMPACT Amount Expended to date $1,509,677 Current Funding and Expenditures Budget Actuals Proposed CIP Budget $5,628,000 WSDOT Discretionary Funding (additional) 500,000 Berger Abam Design Contract $4,147,328 Berger Abam Early Start 2016 313,853 BP/Olympic Pipeline Design 630,000 UPRR Design 25,000 Staff and Miscellaneous Expenses 72,934 $ 60,000 Berger Abam Design Supplement 166,000 Value Engineering Study (Approx.) 75,000 Sprint Engineering Costs 20 000 Subtotal $6,128 000 $5.189.115 $321,000 Subtotal (Actuals plus Proposed) $5,510,115 Current Discretionary Funds and Project Balance $617.885 W:\PW Eng\PROJECTS\A- RW & RS Projects\Strander Extension (98610403)\01_Preliminary Engineering\20181113 TIC update (003) gl.docx 119 Page 2 Strander Blvd Phase 3 November 9, 2018 Total Project Cost (Design, RW, and Construction) $83,781,626 Subtract Project Costs with Secured Funding (18,963,961) Funding Gap (unsecured) ($64,817,665) It should be noted, staff anticipates that there may be additional design supplements in the future related to the outcome of the Value Engineering study as Berger may need to modify the Strander Blvd Phase 3 design. There also may be additional utility relocation design fees. There is an additional $500,000 in WSDOT discretionary funds that were provided to the City in June 2017. These funds can be used for any phase of the project and staff is electing to use them in the Preliminary Engineering (design) phase. Project Timeline 2018 (September -December) 2019 (January — March) 2019 (May) 2019 (October) 2020 (October) 2020 (Jan) to 2029 (Dec) Funding Timeline 2019 (September) 2020 (January) 2030 (January) Continue utility coordination and address 30% design comments Perform Value Engineering (VE) study Complete revised 30% plans incorporating VE changes Complete right-of-way phase Complete final plans, specifications, and estimate. Project ready to go out to bid Project required to be under construction during this time period and completed by December 2029. If the project is not under construction by September 2019, FASTLANE's $5 million must be relinquished to funding source. Note, there is no direct transfer of funding from these organizations to the City for the construction phase, so the funds would be 'unobligated' and not made available to the City after this date. City would need to provide an additional $5 million for construction costs/funding gap. If the project is not under construction by January 2020, FMSIB's $5 million must be relinquished to funding source. Note, there is no direct transfer of funding from these organizations to the City for the construction phase, so the funds would be 'unobligated' and not made available to the City after this date. City would need to provide an additional $5 million for construction costs/funding gap. If the project is not constructed/completed by January 2030, all federal funds used for design and right-of-way must be returned to federal funding source ($5,646,750). RECOMMENDATION Council is being asked to authorize the Mayor to approve the Value Engineering consultant contract for the Strander Boulevard Phase 3 Project with a not to exceed amount of $75,000 and consider this item on the Consent Agenda at the November 19, 2018 Regular Meeting. ATTACHMENTS • 2017 CIP, pg. 13 and Draft 2019 CIP pg. 10 • Current estimate W:\PW Eng\PROJECTS\A- RW & RS Projects\Strander Extension (98610403)\01_Preliminary Engineering\20181113 TIC update (003) gl.docx 120 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 Strander Blvd Extension Phase 3 Project No. 98610403 Design and construct arterial improvements for a new roadway extending Strander Blvd/SW 27th St from West Valley Highway to Oaksdale Ave in the City of Renton. East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access. Project segregated into three phases. Phase I extended Stander Blvd/SW 27th St from Oaksdale Ave to Naches Ave SW. Phase II constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres Station's parking lot. Paid Renton $1 m for Phase I & II. Phase III will construct the undercrossing of the UPRR and complete the 4 lane roadway from West Valley Hwy in Tukwila to Naches Ave SW in Renton. New street. Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and BNSF and UP Railroads. Funds in 2015-16 are for updated cost estimates and grant applications. STP (PSRC), FAST Lane, and TIGER grants were submitted in 2016. FINANCIAL (in $000's) Through Estimated 2015 2016 2017 2018 2019 2020 2021 2022 BEYOND TOTAL EXPENSES Design 58 440 2,500 2,000 4,998 Land (R/W) 104 450 1,000 1,554 Wetland Mitigation 50 500 550 Const. Mgmt. 2,800 2,000 4,800 Construction 15,000 12,200 27,200 TOTAL EXPENSES 162 440 3,000 3,000 18,300 14,200 0 0 0 39,102 FUND SOURCES Awarded STP Grant 2,551 2,595 5,146 Proposed TIGER Grant 7,900 5,894 13,794 Proposed State TIB Grant 2,500 2,500 5,000 Proposed FMSIB Grant 2,500 2,500 5,000 Proposed STP Grant 5,000 3,000 8,000 City Oper. Revenue 162 440 449 405 400 306 0 0 0 2,162 TOTAL SOURCES 162 440 3,000 3,000 18,300 14,200 0 0 0 33,956 2017 - 2022 Capital Improvement Program 13 121 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2019 to 2024 Strander Blvd Extension Phase 3 Project No. 98610403 Design and construct arterial improvements for a new roadway extending Strander Blvd/SW 27th St from West Valley Highway to Naches Ave SW in the City of Renton. East/west capacity between 1-405 and S 180 St is needed to serve Tukwila and Renton access. Project segregated into three phases. Phase I extended Stander Blvd/SW 27th St from Oaksdale Ave to Naches Ave SW. Phase II constructed a 2 lane road from Naches to the Sounder Train's Tukwila Longacres Station's parking lot. Paid Renton $1m for Phase I & II. Phase III will construct the undercrossing of the UPRR and complete the 4 lane roadway from West Valley Hwy in Tukwila to Naches Ave SW in Renton. New street. Project partners include the City of Renton, Boeing, WSDOT, FMSIB, Sound Transit, Metro, Amtrak, and BNSF and UP Railroads. Funds in 2015-16 are for updated cost estimates and grant applications. STP (PSRC), FAST Lane, and TIGER grants were submitted in 2016. FINANCIAL (in $000's) Through Estimated 2017 2018 2019 2020 2021 2022 2023 2024 BEYOND TOTAL EXPENSES Design 359 3,269 2,000 5,628 Land (R/W) 104 1,720 1,824 Wetland Mitigation 50 500 550 Const. Mgmt. 2,000 2,000 4,000 Construction 35,889 35,889 71,778 TOTAL EXPENSES 463 3,319 3,720 38,389 37,889 0 0 0 0 83,780 FUND SOURCES Awarded STP Grant 1,946 3,200 5,146 Proposed STP Grant 4,760 4,760 Awarded Fastlane Grant 2,500 2,500 5,000 Awarded FMSIB Grant 2,500 2,500 5,000 Proposed Build America 25,000 25,000 Proposed State TIB Grant 12,000 12,000 Proposed State/Federal 8,389 16,129 24,518 City Oper. Revenue 463 1,373 520 0 0 0 0 0 0 2,356 TOTAL SOURCES 463 1,373 3,720 38,389 37,889 0 0 0 0 83,780 Project Location m,R.. an as ar ---� ' us -11 I s ,ao r., II l.. r�4 nk.,un m..v C. 11 �.... �..,..;...,` . ,r,rsjr-y 1 e^�M II ..suund. .btiag ei v ., # 4�up V.1 4. E f e ve u;uuy.�a ar rn,.,a o, ,may ~ % s a.00a �. ::` /� AM�I Pra �1 n ® 4 « �iml. .N'YAI'Mtlrt� v,rgi rnPON �y, � ' 2019 - 2024 Capital Improvement Program 122 10 1 of 12 Item No, Schedule A Desc Quontity Std. Item No. Item Description Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Desc Cost Total All Schedules MOBILIZATION 1 1 1 0001 1MOBILIZATION IL.S. I 15.0% $8,681,105 $8,681,105 $0 $0 $0 $0 $8,681,105 $8,681,105 PREPARATION 2 1 0035 CLEARING AND GRUBBING L.S. $ 70,200 $ 70,200 $ - $ - S 70,200 3 3 0047 REMOVING MANHOLE EACH $ 1,050 $ 3,150 $ - $ - $ 3,150 4 42 0049 REMOVING DRAINAGE STRUCTURE EACH $ 980 $ 41,160 S - $ - $ 41,160 5 I 0050 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. $ 144,000 $ 144,000 $ - $ - $ 144,000 6 955 0100 REMOVING CEMENT CONC. SIDEWALK S.Y. $ 80 $ 76,400 $ - $ - $ 76,400 7 2.363 0108 REMOVING CEMENT CONC. CURB AND GUTTER L.F. $ 21 $ 49,623 $ - $ - $ 49,623 8 898 0110 REMOVING CEMENT CONC. CURB L.F. $ 7 $ 6,286 $ - $ - $ 6,286. 9 6,600 0120 REMOVING ASPHALT CONC. PAVEMENT S.Y. $ 12 $ 79,200 S - $ - $ 79,200 10 703 0130 REMOVING ASPHALT CONC. SIDEWALK S.Y. $ 8 $ 5,624 $ - $ - S 5,624 II 98 0150 REMOVING TRAFFIC ISLAND S.Y. $ 78 $ 7,644 $ - $ - S 7,644 12 136 0170 REMOVING GUARDRAIL L.F. $ 11 $ 1,496 $ - $ - $ 1,496 13 4 0182 REMOVING GUARDRAIL ANCHOR EACH $ 322 $ 1,288 $ - $ - S 1,288 14 3,832 0187 REMOVING PAINT LINE L.F. $ 1 $ 4,982 $ - $ - $ 4,982 15 16 0199 REMOVING PAINTED TRAFFIC MARKING EACH $ 116 $ 1,856 $ - $ - $ 1,856 16 796 0203 REMOVING PAINTED CROSSWALK LINE S.F. $ 6 $ 4,378 $ - $ - $ 4,378 17 4 0208 REMOVING RAISED PAVEMENT MARKER HUND $ 185 $ 740 $ - $ - $ 740 18 3,292 0220 REMOVING CHAIN LINK FENCE L.F. $ 13 $ 42,796 $ - $ - $ 42,796 19 I 0254 REMOVING SOLDIER PILE SHAr'r OBSTRUCTIONS EST. $ 7,350 $ 7,350 $ - $ - $ 7,350 20 1 0256 REMOVING SHAFT OBSTRUCTIONS EST. $ 859,095 $ 859,095 $ $ $ 859,095 PREPARATION $1,407,268 $0 $0 $1,407,268 GRADING 21 12,650 0310 ROADWAY EXCAVATION INCL. HAUL C.Y. $ 17.00 $ 215,050,00 $ - $ - $ 215,050.00 22 9,315 0421 GRAVEL BORROW INCL. HAUL C.Y. $ 11.00 $ 102,465.00 $ - $ - $ 102,465.00 23 9,315 0470 EMBANKMENT COMPACTION C.Y. $ 2.00 $ 18,630.00 $ - $ - $ 18,630.00 GRADING $ 336,145.00 $ - $ - $ 336,145.00 11hMs1.oborn.com1Projecls_FW1FoderalWay120181A18.00051001En01noeringfCost Estimate\Ott Sakai RevievACoal Estmato 0tt Sakai Comparison Enabled_dlslsu 7/9/2018 123 2 of12 Item No. Schedule A Desc Quantity Std. Item No. Item Description Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Best Cost Total All Schedules GRADING - UPRR SHOOFLY 24 6,321 XX-0I SUBBALLAST TON $ 21 $ 132,741 $ - $ - $ 132,741 25 345 XX-02 TEMPORARY SURCHARGE WALL BLOCK EACH $ 30 $ 10,350 S - $ - $ 10,350 26 15,368 XX-35 GRAVEL BORROW INCL. HAUL SURCHARGE TON S 23 $ 353,464. $ - $ - $ 353,464 27 33.322 0431 GRAVEL BORROW INCL. HAUL TON $ 23 $ 766,406 $ - $ - $ 766.406 28 7.415 1086 QUARRY SPALLS TON $ 16 $ 118,640 $ - $ - $ 118,640 29 120 XX-24 LIGHT WEIGHT FILL CY $ 150 $ 13.000 $ - $ - $ 13,000 30 1,100 XX-33 TEMPORARY SHOOFLY WALL EACH $ 30 $ 33,000 $ - $ - $ 33,000 31 15 XX-29 4 FT DIAM PRIMARY SHAFT LF $ 720 $ 10,300 $ - $ - S 10,800 32 16 XX-30 4 FT DIAM SECONDARY SHAFT LF $ 450 $ 7,200 $ - $ - $ 7,200 GRADING - UPRR SHOOFLY S 1,450,601.00 $ - $ - $ 1,450,601.00 f/f fsl.abam.comfPraJects_FIMFederatWay120181A18.00851001Enginaedng/Cost EstimetelOtt Sakal Reulow1Cost Estimate Ott Sakel Camparlson_Enabled dlxlsx 7/9/2018 124 3 of 12 liana No. Schedule A Desc Quantity Sid. hem No. Itent.Descriplion Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Desc Cost Total All Schedules DRAINAGE 31 14,745 7005 STRUCTURE EXCAVATION CLASS B C.Y. $ 17 $ 250,665 $ - $ - $ 250,665 32 3 1063 COMBINATION INLET EACH $ 1,410 $ 4,230 $ - $ - $ 4,230 33 10 1075 HEAVY LOOSE RIPRAP TON $ 70 $ 700 $ - $ - $ 700 34 1,792 1161 UNDERDRAIN PIPE 8 IN. DIAM. L.F. $ 12 $ 21,504 $ - $ - $ 21,504 35 1,848 3016 HIGH -DENSITY POLYETI-IYLENE(HDPE) PIPE 12 IN. DIAM. L.F. $ 32 $ 59,136 $ - $ - $ 59,136 36 29 3017 HIGH -DENSITY POLYETHYLENE (HDPE) PIPE 18 IN. DIAM. L.P. $ 38 $ 1,102 $ - $ - $ 1,102 37 835 3018 HIGH -DENSITY POLYETHYLENE (1-IDPE) PIPE 24 IN. DIAM. L.F. $ 263 $ 219,605 $ - - $ 219.605 38 36 3091 CATCH BASIN TYPE I EACH $ 1,653 $ 59,508 $ - $ - $ 59,508 39 13 3105 CATCH BASIN TYPE 2 481N. DIAM. EACH $ 3,760 S 48,880 $ - $ - $ 48,880 40 1 3107 CATCH BASIN TYPE 2 72 IN. DIAM. EACH $ 5,763 $ 5,763 $ - $ - $ 5,763 41 1 3109 CATCH BASIN TYPE 2 60 IN. DIAM. EACH S 4,975 $ 4;975 $ - $ - $ 4,975 42 788 3869 DUCTILE IRON PIPE FOR WATER MAIN 12 IN. DIAM. L.P. $ 60 $ 47,280 $ - $ - $ 47,280 43 226 3872 DUCTILE IRON PIPE FOR WATER MAIN 18 IN. DIAM. L.F. $ 410 $ 92,660. $ - $ - $ 92,660 44 13 3874 DUCTILE IRON PIPE FOR WATER MAIN 24 IN. DIAM. L.F. $ 92 $ 1,196 $ - $ - S 1,196 45 70 XX-04 36" DIAM. CMP CULVERT PIPE L.P. $ 45 $ 3,150 $ - $ - $ 3,150 46 I XX-14 GROUNDWATER PUMP L.S. $ 150,000 $ 150,000 $ - $ - $ 150,000 47 1 XX-15 EXPAND EXISTING PUMP STATION L.S. $ 500,000 $ 500,000 $ - $ - $ 500,000 48 I XX-19 UPGRADE DETENTION POND L.S. $ 100,000 $ 100,000 $ - $ - $ 100,000 49 I XX-37 SOUND TRANSIT STORM L.S. $ 30,000 $ 30,000 $ - $ - $ 30,000 DRAINAGE $ 1,600,354 $ - $ - $ 1,600,354 SANITARY SEWER 50 379 3767 PVC SANITARY SEWER PIPE 8 IN. DIAM. L.F. $ 40 $ 15,160 $ 15,160 51 XX-20 RELOCATE 36" SEWER L.S. $ 1,066,000 $ 1.066,000 $ S $ 1.066,000 SANITARY SEWER S 1,081,160 $ $ 1,081,160 WATER LINES 52 3 3850 MOVING EXISTING HYDRANTS EACH $ 2,500 5 7,500 $ - $ - $ 7,500 53 3 3852 RECONNECTING EXISTING HYDRANTS EACH $ 1,850 $ 5,550 $ - $ - $ 5,550 SUBTOTAL $ 13,050 $ -, $ - $ 13,050 54 I TAX 8.80% $ 1,148 $ - $ - $ 1,148 ltt fs1.abam,comlProjects_PMFederalWay120189 18.00851001Englneedng\Coal Esllmalo\Ott Sakai RevlewfCosl Estimala_011 Sakai Compadson_Enabled rifxlsx 719/2010 125 4 of 12 Item No. Schedule A Desc Quantity Std. Item No. Item Description Unit Unit Cost Schedule A Desc Cost Schedule 13 Desc Cost Schedule C Desc Cost Total All Schedules WATER LINES $ 14,198 $ - $ - $ 14,198 STRUCTURE 55 160 4049 SHAFT - 36 IN. DIAMETER L.F. $ 200 $ 32,000 $ - $ - S 32,000 56 460 4053 FURNISHING SOLDIER PILE L.F. $ 250 $ 115,000 $ - $ - $ 115,000 57 3,380 4149 ST. REINF. BAR FOR BRIDGE LB. $ 1 $ 4,056 $ - $ - $ 4,056 58 61,250 4150 ST. REINF. BAR FOR RETAINING WALL LB. $ I $ 73,500 $ - $ - $ 73,500 59 20 4322 CONC. CLASS 4000 FOR BRIDGE C.Y. $ 400 $ 8,000 $ - $ - $ 8,000 60 310 4139 CONC. CLASS 4000 FOR RETAINING WALL C.Y. $ 400 $ 124,000 $ - $ - $ 124,000 61 1,710 4202 CONC. CLASS 4000 FOR SECANT CAP & STEM WALL C.Y. $ 400 $ 684,000 $ - $ - $ 684,000 62 60 4202 CONC. CLASS 4000 FOR WALL IMPROVEMENTS C.Y. $ 400 $ 24,000 $ - $ - $ 24,000 63 38,270 4204 CONC. CLASS 4000W FOR SEAL C.Y. $ 169 $ 6,466,108 S - $ - $ 6,466,108 64 2,370 4299 LAGGING S.F. $ 45 $ 106,650 . $ - $ - $ 106,650 t\t5ts1.4bam.com\Projects_FtMFedera1Wa142018A18,00851001Enolneednp1Cost Estimate \Ott Sakai ReviovACast Estlmale_Ott Sakai Comparison Enabled_rlf.xlsx 7/9/2018 126 5of12 Item No. Schedule A Desc Quantity Std. Item Na. Item Description Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Desc Cost Total All Schedules 65 1 4300 SUPERSTRUCTURE L.S. $ 681,056 $ 681,056 $ - $ - $ 681,056 66 90 4338 EXPANSION JOINT SYSTEM COMPRESSION SEAL - SUPERSTR. L.F. $ 125 $ 11,250 $ - $ - $ 11,250 67 110 4456 SCARIFYING CONC. SURFACE S.Y. $ 114 $ 12,540 $ - $ - S 12,540 68 16 4483 PERMANENT GROUND ANCHOR EACH $ 5,000 $ 80,000 $ $ - $ 80,000 69 16 4484 PERMANENT GROUND ANCHOR PERFORMANCE TEST EACH $ 2,000 $ 32,000 $ - $ - S 32,000 70 1 4485 PERMANENT GROUND ANCHOR VERIFICATION TEST L.S. $ 10,000 $ 10,000 $ - $ - $ 10,000 71 87,710 7006 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. $ 24 $ 2,105,040 $ - $ - $ 2,105,040 72 78,190 7008 SHORING OR EXTRA EXCAVATION CLASS B S.F. $ 10 $ 781,900 $ -, $ - $ 781,900 73 240 5656 BRIDGE APPROACH SLAB S.Y. $ 500 $ 120,000 $ - $ - $ 120,000 74 1 XX-21 PEDESTRIAN BRIDGE L.S. $ 283,206 $ 283,206 S - $ - $ 283.206 75 950 XX-22 WALL FASCIA CY $ 1,150 $ 1,092,622 $ - $ - $ 1,092,622 76 188.880 XX-23 ST. REINFORCED FOR WALL FASCIA LB $ 1 $ 226,656 $ - $ - $ 226,656 77 I XX-25 SHOOFLY BRIDGE L.S. $ 660.591 $ 660,591 $ - $ - $ 660,591 78 341,640 XX-27 ST. REINFORCED FOR SECANT CAP AND WALL LB $ 1 $ 409,968 $ - $ - $ 409,968 79 8,190 XX-28 ST. REINFORCED FOR WALL IMPROVEMENTS LB $ I $ 9,828 $ - $ - $ 9,828 80 12,130 XX-29 4 FT DIAM PRIMARY SHAFT LF $ 784 $ 9,506,807 S - $ - $ 9,506,807 81 12,130 XX-30 4 FT DIAM SECONDARY SHAFT LE $ 514 $ 6,231,707 $ - $ - $ 6,231,707 82 66 4160 QA SHAFT TEST EACH $ 2,000 $ 132,000 $ - $ - $ 132,000 83 1 XX-36 TEMPORARY STRUTS L.S. $ 569,944 $ 569,944 $ - $ - $ 569,944 STRUCTURE $ 30,594,430 $ - $ - $ 30,594,430 STRUCTURE - BNSF ROW 84 7,540 4006 STRUCTURE EXCAVATION CLASS A INCL. HAUL C.Y. $ 24 $ 180,960 $ - $ - $ 180,960: 85 1 4013 SHORING Oft EXTRA EXCAVATION CL. A L.S. $ 41,290 $ 41,290 $ - $ - S 41,290 86 70 XX-18 PERVIOUS STRUCTURE BACKFILL CY $ 30 $ 2,100 $ - $ - $ 2,100 87 1 4085 FURNISHING AND DRIVING STEEL TEST PILE EACH $ 21,000 $ 21,000 $ - $ - S 21,000 88 2,768 4090 FURNISHING ST. PILING L.F. $ 100 $ 276,800 $ - $ - $ 276,800 89 32 4095 DRIVING ST. PILE EACH $ 4,000 $ 128,000 $ - $ - $ 128,000 90 50 4202 CONC. CLASS 4000 FOR WALL IMPROVEMENTS C.Y. $ 400 $ 20,000 $ - $ - $ 20,000 91 1,940 4204 CONC. CLASS 4000W FOR SEAL C.Y. $ 155 $ 301,610 $ - $ - $ 301,610 92 80 4456 SCARIFYING CONC. SURFACE S.Y. $ 114 $ 9,120 $ - $ - $ 9,120 93 12 4483 PERMANENT GROUND ANCHOR EACH $ 5,000 $ 60,000 $ - $ - $ 60,000 94 12 4484 PERMANENT GROUND ANCHOR PERFORMANCE TEST EACH $ 2,000 $ 24,000 $ - $ - $ 24,000 95 32 8376 FURNISHING STEEL PILE TIP OR SHOE EACH $ 2,500 $ 80,000 $ - $ - $ 80,000 \\IwfsLab nm.comtProjects_FIMFoderalWayt2018W1o.00851001Enoineenng\Cost EstimatelOtt Sakai Reviee. Cost Estimate O11 Sakai Compartson_Enobled_rlt.xlsx 7/9/2018 127 6 0112 Item No. Schedule A Desc. Quantity Std. Item No. Item Description Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Desc Cost Total All Schedules 96 51,330 4149 ST. REINF. BAR FOR BRIDGE LB. $ 1 $ 61,596 $ - $ - $ 61,596 97 6,100 XX-28 ST. REINFORCED FOR WALL IMPROVEMENTS LB S l $ 7,320 S - $ - $ 7,320 98 260 4322 CONC. CLASS 4000 FOR BRIDGE C.Y. $ 400 $ 104,000 $ - $ - $ 104,000 99 7,460 7006 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. S 24 $ 179.040 $ - $ - $ 179,040 100 750' 7008 SHORING OR EXTRA EXCAVATION CLASS B S.F. $ 10 $ 7,500 $ - $ - $ 7,500 101 330 XX-29 4 FT DIAM PRIMARY SHAFT LF $ 720 $ 237,600 $ - $ - $ 237,600 102 330 XX-30 4 FTDIAM SECONDARY SHAFT LF $ 450 $ 148,500 $ - S - $ 148,500 103 2 4160 QA SHAFT TEST EACH $ 2,000 $ 4,000 $ - $ - $ 4,000 STRUCTURE - BNSF ROW $ 1,894,436 $ - $ $ 1,894,436 STRUCTURE - UPRR ROW 104 13,120 7006 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. $ 24 $ 314,880 $ - $ - $ 314,880 105 10,890 7008 SHORING OR EXTRA EXCAVATION CLASS B S.F. $ 10 $ 108,900 $ - $ - $ 108,900 106 50 4087 CONSTRUCTING 6 FT. DIAM SHAFT L.F. $ 1,600 $ 80,000 $ - $ - S 80,000 107 15,710 4149 ST. REINF. BAR FOR BRIDGE LB. $ I S 18.852 $ - $ - $ 18,852 Ilfwlsl.ebom.comtProjects_FW1FoderalWay/20161A18.0085\001EnginearingtCoat Estimateloft Sakai Review/Cost Estimate O11 Sakai Comparison Enabted_rlfxlsx 7/9/2018 128 7of12 Item No, Schedule A Desc Quantity Std. Item No. Item Description Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Desc Cost Total All Schedules 108 5,110 4204 CONC. CLASS 4000W FOR SEAL C.Y. $ 194 $ 989,718 $ - $ - $ 989,718 109 80 4322 CONC. CLASS 4000 FOR BRIDGE C.Y. $ 400 $ 32,000 $ - S - $ 32,000 110 I 4300 SUPERSTRUCTURE L.S. $ 619,129 $ 619,129 $ - $ $ 619,129 III I 4468 CLEANING AND PAINTING L.S. $ 76,000 $ 76,000 $ - $ - $ 76,000 112 1 7037 STRUCTURE SURVEYING L.S. $ 15,000 $ 15,000 $ - $ - $ 15,000 113 2,210 XX-29 4 FT DIAM PRIMARY SHAFT LF $ 793 $ 1,751,789 $ - $ - $ 1,751,789 114 2,210 XX-30 4 FT DIAM SECONDARY SHAFT LF $ 523'' $ 1,155,089 $ - $ - $ 1,155,089 115 170 XX-32 D.AMPPROOFING S.Y. $ 35 $ 5,950 $ - $ - S 5,950 116 120 XX-34 WATERPROOFING L.P. $ 30 $ 3,600 $ - $ - $ 3,600 117 9 4160 QA SI-IAFT TEST EACH $ 2,000 $ 18,000 $ - $ - S 18,000 STRUCTURE - UPRR ROW $ 5,188,907 $ - $ - $ 5,188,907 SURFACING 118 119 15,571 7,175 5040 5100 PERMEABLE BALLAST CRUSHED SURFACING BASE COURSE TON TON $ $ 28 23 SURFACING $ 435,988 $ 165,025 $ 601,013 $ S $ 435,988 $ 165,025 $ 601,013 HOT MIX ASPHALT 120 1 8,000 1 5767 IHMA CL. 1/2 IN. PG [ TON I $ 84 $ 672,000 $ - $ - $ 672,000 HOT MLX ASPHALT $ 672,000 $ - $ - $ 672,000 EROSION CONTROL ANI) ROADSIDE PLANTING 121 4 6409 TOPSOIL TYPE C ACRE $ 38,000 $ 152,000 $ - $ - $ 152,000 122 16,200 6419 SEEDING AND FERTILIZING BY HAND S.Y. $ 1 $ 19,440 $ - $ - $ 19,440 123 I 6488 EROSION CONTROL AND WATER POLLUTION PREVENTION L.S. $ 100,000 $ 100,000 $ - $ - $ 100,000 EROSION CONTROL AND ROADSIDE PLANTING $ 271,440 $ - $ - $ 271,440 TRAFFIC 124 6,47G 6700 CEMENT CONC. TRAFFIC CURB AND GUTTER L.F. $ 52 $ 336,752 $ - $ - $ 336,752 125 622 6701 CEMENT CONC. TRAFFIC CURB L.F. $ 36 $ 22,392 $ - $ - $ 22,392 126 134 6707 CEMENT CONC. PEDESTRIAN CURB L.F. S 39 $ 5,226 $ - $ - $ 5,226 127 607 6727 EXTRUDED CURB L.P. $ 17 $ 10,319 $ - $ - $ 10,319 128 375 6743 BEAM GUARDRAIL TYPE 1 - 8 FT. LONG POST L.F. S 27 $ 10,125 $ - $ - $ 10,125 129 2 6760 BEAM GUARDRAIL TRANSITION SECTION TYPE EACH $ 4,066 $ 8,132 $ • $ - $ 8,132 \lfwfst.obom.com\Projects FW\FoderaiWay2018V118.0085\00lEngineoring\Cost EstimatelOtt Sakai Review\Cost Estimate Oit Sakai Comporisan_Ennbled rlfxlsx 7/9/2016 129 8 of 12 Item No, Schedule A Dose Quantity Std. Item No. Item Description Unit Unit Cost Schedule A Dose Cost Schedule B Desc Cost Schedule C Dese Cost Toed All Schedules 130 6 6766 BEAM GUARDRAIL ANCHOR TYPE 10 EACH $ 1,000 $ 6,000 $ - $ - $ 6,000 131 15,430 6806 PAINT LINE L.F. $ 2 $ 23.145 $ - $ - $ 23.145 132 967' 6827 PAINTED WIDE LANE LINE L.F. $ 0 $ 338 $ - $ - $ 338 133 26 6833 PLASTIC TRAFFIC ARROW EACH $ 255 $ 6,630 $ - $ - $ 6,630 134 950 6857 PLASTIC CROSSWALK LINE S.F. $ 14 $ 13,300 $ - $ - $ 13,300 135 279 6859 PLASTIC STOP LINE L.F. $ 10 $ 2,790 $ - $ - S 2,790 136 1 6890 PERMANENT SIGNING L.S. $ 7,500 $ 7,500 $ - $ - S 7,500 I37 1 6904 ILLUMINATION SYSTEM L.S. $ 150,000 $ 150,000 $ - $ - $ 150,000 138 1 6912 TRAFFIC SIGNAL SYSTEM L.S. $ 893,268 $ 893,268 $ - $ - $ 893,268 139 105 6915 CASING L.F. $ 100 $ 10,500 $ - $ - $ 10,500 140 55 6917 DIRECTIONAL BORING L.F. $ 88 $ 4.840 $ - $ - $ 4,840 141 I 6971 PROJECT TEMPORARY TRAFFIC CONTROL L.S. $ 40,000 $ 40,000 $ - $ - $ 40,000 142 4 7442 PERMANENT IMPACT ATTENUATOR EACI-I $ 28,575 5 114,300. $ - $ - $ 114,300 143 1 XX-08 PEDESTRIAN CONTROL AND PROTECTION L.S. $ 50,000 $ 50,000 $ - $ - $ 50,000 TRAFFIC $ 1,715,557 $ - $ - $ 1,715,557 \\hvfsl.obam.com/ProJods_F1MFedera/Wayt2018A18.00B5\00/Engineoring\Cast Estimate \Ott Sakai ReviovACaal Estimalo Ott Sakai Comparison Enabled rifxtsx 7/9/2018 130 90112 Item No. Schedule A Desc Quantity Std. Item No. Item Description Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Desc Cost Total All Schedules OTHER ITEMS 144 434 1945 PEDESTRIAN HANDRAIL L.F. $ 200 $ 86,800 $ - $ - $ 86,800 145 34 3110 LOCKING SOLID METAL COVER AND FRAME FOR CATCH BASIN EACH $ 1,075 $ 36,550 $ - $ - $ 36,550 146 1 7003 TYPE B PROGRESS SCHEDULE L.S. $ 5,000 $ 5,000 $ - $ - $ 5,000 147 l 7037 STRUCTURE SURVEYING L.S. $ 25,000 $ 25,000 $ - $ - $ 25,000 148 I 7038 ROADWAY SURVEYING L.S. $ 10,000 $ 10,000 $ - $ - $ 10,000 149 6 7041 BOLLARD TYPE EACH $ 825 $ 4,950 $ - $ - S 4,950 150 2,330 7055 CEMENT CONC. SIDEWALK S.Y. $ 46 $ 107,180 $ - $ - $ 107,180 151 5 7058 CEMENT CONC. CURB RAMP TYPE EACH $ 4,650 ,$ 23,250 $ - $ - $ 23,250 152 157 7059 CEMENT CONC. DRIVEWAY ENTRANCE TYPE S.Y. $ 104 $ 16,328 $ - $ - $ 16,328 153 990 7060 ASPHALT CONC. SIDEWALK S.Y. S 83 $ 82,170 $ - $ - $ 82,170 I54 1,035 7083 CHAIN LINK FENCE TYPE 3 L.P. $ 17 $ 17,078 $ - S - '$ 17,078 155 3 7103 DOUBLE 14 FT. COATED CHAIN LINK GATE EACI-I $ 1,600 $ 4,800 $ - $ - $ 4,800 156 1 7350 CLEANING EXISTING DRAINAGE STRUCTURE L.S. $ 6,000 $ 6,000' $ - $ - $ 6,000 157 II 7360 MANHOLE 48 IN. DIAM. TYPE EACH $ 3,740 $ 41,140 $ - $ - $ 41,140 158 2 7364 MANHOLE 60 IN. DIAM. TYPE EACH $ 5,300. $ 10,600 $ - $ - $ 10,600 I59 I 7480 ROADSIDE CLEANUP EST. $ 35.000 $ 35,000 $ - $ - S 35,000 160 1 7490 TRIMMING AND CLEANUP L.S. $ 5,000 $ 5,000 $ - $ - $ 5,000 161 1 7500 FIELD OFFICE BUILDING L.S. $ 22,000 $ 22,000 $ - $ - $ 22.000 162 9,300 7530 CONSTRUCTION GEOTEXTILE FOR SEPARATION S.Y. $ 7 $ 65,100 $ - $ - $ 65,100 163 1.206 7559 GEOSYNTHETIC RETAINING WALL S.F. $ 15 $ 13,090 $ - $ - $ 18,090 164 402 7567 GRAVEL BORROW FOR STRUCTURAL EARTH WALL INCL. HAUL C.Y. $ 48 $ 19,296 $ - $ - $ 19,296 165 1 7725 REIMBURSEMENT FOR THIRD PARTY DAMAGE EST. $ 10,000 $ 10.000 $ - $ - $ 10,000 166 I 7728 MINOR CHANGE CALC $ 75,000 $ 75,000 $ - $ - $ 75,000 167 7731 STEEL COST ADJUSTMENT CALC $ - $ - $ - $ - $ - 168 I 7736 SPCC PLAN L.S. $ 2,000 $ 2,000 $ - $ - $ 2,000. 169 7 9605 CONNECTION TO DRAINAGE STRUCTURE EACH $ 1,640 $ 11,480 S - $ - $ 11,480 170 I 01-07 STORMWATER POLLUTION PREVENTION PLAN (SWPPP) L.S. $ 20,000 $ 20,000 $ - $ - $ 20,000 171 l 01-11 UTILITY POTHOLING L.S. $ 30,000 $ 30,000 $ - $ - S 30,000 172 1 XX-05 DEWATERING SYSTEM L.S. $ 250,000 $ 250,000 $ - $ - $ 250,000 173 2 XX-06 ABANDONMENT OF MONITORING WELLS EACH $ 700 $ 1,400 $ - $ - S 1,400 174 1 XX-09 SETTLEMENT MONITORING - SURVEY L.S. $ 10,000 $ 10,000 $ - $ - $ 10,000 175 26 XX-10 SETTLEMENT PLATES EACH $ 800 $ 20.800 $ - $ - $ 20,300 1 fwfs1.abarn.com\Projects FW\FederalWsyt2016\A18.0085\00lEnglneeringlCost Estimate \Ott Sakai RecowlCost Esttmale_Ott Sakai Comparison_Enabled rlt.atsx 7/9/2018 131 Item No, Schedule A Desc Quantity Std. item No. Item Description Unit Unit Cost Schedule A Desc Cost - Schedule B Desc Cost Schedule C Desc Cost Total All Schedules 176 1 XX-11' PROJECT RED LINE DRAWINGS L.S. $ 2,000 $ 2,000 $ - $ - $ 2,000 177 1 XX-I2 FIBER OPTIC RELOCATION - WEST SIDE L.S. $ 60,000 $ 60,000 S - $ - $ 60,000 178 1 XX-13 FIBER'OPTICRELOCATION - EAST SIDE L.S. $ 130,000 $ 130,000 $ - $ - $ 130,000 179 1 XX-31 STORM BYPASS EST. $ 15,000 $ 15.000 $ - $ - S 15,000 180 I XX-38 RELOCATE BP GAS LINES L.S. $ 1,000,000 S 1,000,000 $ - S - $ 1,000,000 OTHER ITEMS $ 2,279,012 $ - $ - $ 2,279,012 Subtotal -Ex. Mobc Mobilization Subtotal $ 49,106,521 $ - $ - $ 49,106,521 $ 8,681,105 $ - $ - $ 8,681,105 S 57,787.626 $ - $ - $ 57,787.62E 10af12 I19,4st.abam.camiProJects_FW\FederatWay2018/A18.0085\00\Englneedng\Cast Estimate/Ott Sakai RovievACest Estimato_oa Sakai Compadson_Enabled drxlss 719/2016 132 110112 Item No. Schedule A Desc Quantity Std. hem No. Item Description Unit Unit Cost Schedule A Desc Cost Schedule B Desc Cost Schedule C Desc Cost Total MI Schedules Tax 0.00% $ - $ - $ - $ - Total Estimated Construction Cost with Mob $ 57,787,626 $ - $ - $ 57,787,626 Design Contingency 5% Market Conditions 0% Estimated Construction Bid Cost/Budget (21118 Dollars) Inllntion Factor (3% per year for 2 years) 3% Estimated Construction Bid Cost/Budget (2020 Dollars) Construction Contingency/Risk 10% Estimated Bid Amount Total Estimated Track shift by UPRR UPRR Flagging UPRR Inspection BNSF Flagging BNSF Inspection BP Design Costs Estimated Total Construction Costs $ 2,889,331 S - $ - $ 2,889,381 $ - $ - S 60,677,007 $ - S - $ 60,677,007 S 3,695,230 $ - $ - $ 3,695,230 $ 64,372,237 $ - S - $ 64,372,237 $ 6,437,223.67 $ - $ - $ 6,437,224 $ 70,809,460 S - $ - $ 70,809,460 $ 682,000 $ 682,000 $ 720,000 $ 720,000 S 120,000 $ 120,000 $ 540,000 $ 540,000 $ 120,000 $ 120,000 $ 570,000 $ 570,000 $ 73,561,460 $ 73,561,460 \\twfsl.abam.com\Projects FW\FederalWay12018W18.0085100tEngineedng\Cost Estimate\Ott Sakai RevleeACaal Eslimate Ott Sokal Camparlson Enabled_rlfxlso 7/9/2018 133 129112 Item No, Schedule A Desc Quantity Sal, hem No. ttent Description Unit Unit Cost Schedule A Dose Cost Schedule B Desc Cost Schedule C Desc Cost Total All Schedules Estimated ROW & Easement (Misc. Properties) Costs Estimated Engineering & Permitting Costs Estimated Owner/Agency Design Engineering Costs Estimated Construction Admin and Inspection Costs Estimated Total Project Costs $ 1,720,166 $ 1,720,166 $ 3,892,500 $ 3,892,500 $ 607,500 $ 607,500 $ 4,000,000.00 $ 4,000,000 S 83,781,626 $ 83,781,626 ROW & EASEMENTS 1 ROW Acquisition (Past Food Restaurants) EST. $ 191,925 $ - S - $ 191,925 1 Permanent Easements (BP, KC Sewer, outfall, fast food driveways) EST. $ 447,000 $ 447,000 Temporary Construction Easements (BP, KC Sewer, outfall, fast food driveways) EST. $ 668,241 $ 668,241 I Estimated UPRR Penn & Temp Easements EST. $ 330,000 S - S - $ 330,000 1 Estimated BNSF BP & KC Sewer Easements EST. $ 83,000 $ - $ - $ 83,000 Subto al - ROW &Easements $ 1,720,166 '$ - $ - $ 1,720,166 11fwfs1.abam.wm5ProJocts_FW1FederalWay12018W18.0085\5t\EigineeringtCos1 Estimate \Ott Sakai ReviewtCast Estimate Ott Sakai Comparison Enabled_dr.nlsx 7/9/2018 134 Transportation & Infrastructure Committee Minutes November 13, 2018 D. Consultant Agreement: Strander Boulevard Extension Phase 3 Staff is seeking Council approval to move forward with a Value Engineering consultant contract in an amount not to exceed $75,000. Three firms have responded to the RFQ with interviews forthcoming, and Council is being asked for approval now due to time limitations. The project overall continues to have a funding gap of $64M. Advocacy efforts will be made for inclusion of the project in a possible State transportation package. Representatives from the Transportation Improvement Board recommended the City complete Value Engineering as a critical funding strategy. Committee members discussed the project and expressed support for completing Value Engineering as more will be known in 2019 regarding overall project funding. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19, 2018 REGULAR CONSENT AGENDA. E. Resolution: Neighborhood Traffic Calming Program Staff is seeking Council approval of a resolution that would adopt a Neighborhood Traffic Calming Program that will provide a predictable and equitable process by which residents can request improvements. The proposed budget currently includes $400,000 which will be shared between traffic calming efforts and other safety improvements identified proactively by staff. The Program distinguishes between types of improvements as Level I or Level II. Level I includes passive treatments that can be implemented quickly. Level II includes physical devices that usually require permanent installation and must be coordinated with Police, Fire, and Council. The Program outlines the request process, preliminary evaluation, solution alternatives, funding, design, construction, evaluation, and removal. Councilmembers discussed the proposal. Councilmember Idan stated he likes the education piece, request process, and levels of response, but feels the requirement of 70% approval by the neighborhood for Level II improvements is too great of a barrier for participation. Staff believes the neighborhood approval is needed so the City knows the investment is truly wanted by the affected residents and not just by a "squeaky wheel." Councilmember Quinn mentioned that he had researched policies in other cities and it is common to have a neighborhood approval mechanism. He likes that it engages the community about the city's investment and provides additional documentation to support a consistent process. The policy provides flexibility on the mailing of ballots, since it may be possible to gauge sufficient interest at a community meeting. Councilmembers discussed the importance of public outreach about the program, including translations. Chair McLeod suggested reducing the approval threshold from 70% to 2/3, and the Committee agreed, although Councilmember Idan asserted he would prefer that the City use a system that would provide the neighborhood an opportunity for protest rather than majority approval. Staff mentioned that this is a new policy for the City and adjustments can be made after lessons learned. Councilmember Idan asked if a resident could submit a new request after already having one fulfilled by the City. The proposed policy does not limit the number of requests that can be made by an individual or group. The Committee expressed concern about overuse of the program creating inequity among neighborhoods and requested language that would restrict new submissions with a certain time period. UNANIMOUS APPROVAL AS AMENDED. FORWARD TO NOVEMBER 26, 2018 COMMITTEE OF THE WHOLE. 135 136 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council renew 11/13/18 RB1/19/18 . 1 RB W ITEM INFORMATION ITEM No. 4.A. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 11/13/18 AGENDA ITEM TITLE 2019 State Legislative Agenda CATEGORY 11 Discussion 11/13/18 E] Motion Mtg Date II Resolution E Ordinance MtsDate ll Bid Award E] Public Hearing MtsDate El Other Mg Date Mg Date Mfg Date 11/19/18 Mt Date SPONSOR Council VA Mayor EHR EDCD Finance LFire TS E Pe-R ERofice Pr. Ecourt SP oNSOR' S Council is being asked to adopt the city's legislative agenda for the 2019 session. SUMMARY REVIIAVED lY E C.O.W. Mtg. Z CDN Comm [1] Finance Comm. Trans &Infrastructure Arts Comm. 0 Parks Comm. DATE: 10/22 & 10/23 COMMITTEE CHAIR: MCLEOD II Public Safety Comm. Ei Planning Comm. & KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Administrative Services Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE RI,;QUIRLD AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/18 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/13/18 Informational Memorandum dated 10/2/18 Resolution Proposed 2019 Legislative Agenda Minutes from the Transportation and Infrastructure Com. of 10/22/18 Minutes from the Community Development & Neighborhoods Corn. of 10/23/18 11/19/18 137 138 Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2019 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2019; 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 City Council Meeting on November 19, 2018; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2019 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2019 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, 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 2019 Legislative Agenda W:\Word Processing\Resolutions\Legislative Agenda for 2019 10-11-18 RB:bjs Page 1 of 1 139 ATTACHMENT A City of Tukwila 2019 Legislative Agenda Transportation & Infrastructure • Join the US DOT, Freight Mobility Strategic Investment Board, the cities of Renton and 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. • Provide funding for critical local infrastructure, including the Allentown Bridge, which is Structurally Deficient and Functionally Obsolete. • 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 • Fully fund the state Housing Trust Fund to provide resources for affordable housing. • Create new and expand existing 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, including reinstating funding for the Public Works Assistance Account and Community Economic Revitalization Board. • Work with the coalition of other affected cities to reestablish the Streamlined Sales Tax Mitigation Payments to cities hard-hit by the change to destination based sales tax, which provides Tukwila over $1.2 million annually to replace lost revenue, which was ended in the 2018 session. • 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. 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 students. • Incorporate early learning for low income students as a part of Basic Education. Law Enforcement • Increase funding for law enforcement training to ensure that all police officers have access to key resources that save lives. • Change the day rate for Department of Corrections inmates to ensure equitable reimbursements for local facilities such as SCORE. 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. 140 COUNCILAGENDA SYNOPSIS Initials Meetiq Date Prepared by May( s review Council review 11/13/18 VC ' 11/19/18 VC ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 11/13/18 AGENDA PLEM Tiiii Approve property tax ordinances for 2019 property tax levy. 11/13/18 E Motion 1111,g Date Resolution Ally Dale Award E Other Ally Date CATEGORY 2 Discussion ri ordinance • Bid 11 Public Hear* Mt‘g Date Ally Dale 11/19/18 Ally Dale Mtg Dale 11/13/18 SPONSOR Council EA4ayor EHR EDCD Fire LTS EPW Court 11 Finance IIIP&RPo/ice SP ONS0W S The Council is being asked to approve two property tax ordinances for the 2019 property SUMMARY tax levy - one to authorize the levy and the second to approve an increase in the levy from the previous year. R.1,-\'IEWEI) BY C.O.W. Mtg. E CDN Comm E Trans &Infrastructure Arts Comm. DATE: 11/6/18 4 Finance Comm. 0 Public Safety Comm. Comm. 0 Planning Comm. CHAIR: QUINN . Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. Commililk Finance Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUiREI) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/18 Fnrward tn next regular meeting MTG. DATE ATTACHMENTS 11/13/18 Informational Memorandum dated 11/06/18 Draft Ordinance Preliminary Levy Limit Worksheet Minutes from the Finance Committee meeting of 11/6/18 11/19/18 2 ordinances 141 142 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, 2019, 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 2019 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 $3.490, 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 2019, an excess property tax levy in the amount of $2,840,000 for the Bonds must be levied in year 2018, and collected in year 2019; and WHEREAS, the final assessed valuation calculation has been determined; W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-12-18.doc AW:bjs Page 1 of 3 143 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 $6,709,378,301, current taxes for the ensuing year commencing January 2019, in the amounts specified below: Regular Tax Levy Excess Tax Levy Rate Amount $2.37 $16,100,000 $0.43 $ 2,840,000 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, 2019. 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, 2019. W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-12-18.doc AW:bjs 144 Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. 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 10-12-18.doc AW:bjs Page 3 of 3 145 146 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, 2019, 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, 2018, 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 2019, 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 2019 levy in the amount of $128,824, which is a percentage increase of 0.85% 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 10-12-18 AW:bjs Page 1 of 2 147 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, 2019. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. 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 10-12-18 AW:bjs 148 Page 2 of 2 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by IVIcgori review Contra' 1 review 11/13/18 LH 11/19/18 LH ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 11/13/18 AGF.NDA ITEM TITLE Resolution adopting updated financial planning and other general policies. Cx-FiC;0121( Discussion 11/13/18 E Motion Mtg Date Z Resolution Altg Date 11/19/18 [i] Ordinance Mtg Date 111] Bid Award Mtg Date . Public Hearing El Other MIA Date Mtg Date Mtg Date SPONSOR U Council EMyor --IR EDcD ZFina,ne E fire ' "S flP&R Police JPW Cowl SPONSOR'S The draft resolution adopts revisions to the financial planning model and other general SUMMARY financial policies. These policies are published in the adopted Budget and Capital Improvement Program. REVIEWED BY 0 C.O.W. Mtg. CDN Comm E Trans &Infrastructure Arts Comm. DATE: 11/6/18 Finance Comm. E Public Safety Comm. Comm. E Planning Comm. CHAIR: QUINN 111 Parks COMMITME RECOMMENDATIONS: sPoNsolt/ADmIN. ComminEK COST IMPACT / FUND SOURCE EXPINDITLIRK REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/13/18 Forward to next Regular Meeting_ MTG. DATE ATTACHMENTS 11/13/18 Informational Memo dated 10/ 24/18 Draft resolution, with police Minutes from the Finance Com. meeting of 11/6/18 11/19/18 Resolution 149 150 Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING UPDATED POLICIES RELATED TO THE FINANCIAL PLANNING MODEL AND OTHER GENERAL FINANCIAL POLICIES; AND REPEALING RESOLUTION NO. 1897. WHEREAS, the City Council and Mayor are committed to high standards of financial management; and WHEREAS, adopting and periodically updating and revising financial policies are important steps toward ensuring consistent and rational financial management; and WHEREAS, policies related to the Financial Planning Model and other general financial policies are essential components of an overall financial management policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Financial policies related to the Financial Planning Model and policies of a general nature, as evidenced in Exhibit A, are adopted. Section 2. The financial policies related to the Financial Planning Model and other general financial policies shall be reviewed on a regular basis and updated as necessary. Section 3. Repealer. Resolution No. 1897 is hereby repealed. W:\Word Processing\Financial Planning Model policies and other general financial policies 10-19-18 LH:bjs Page 1 of 2 151 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, 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: Exhibit A — Financial Planning Model Policies and Other General Financial Policies W:\Word Processing\Financial Planning Model policies and other general financial policies 10-19-18 LH:bjs 152 Page 2 of 2 EXHIBIT A City of Tukwila Financial Planning Model Policies The six -year "Financial Planning Model and Capital Improvement Program" is the primary financial policy document. It represents the culmination of all financial policies. Revenues Policy FP-1: Revenues will be estimated on a conservative basis. Increases greater than inflation in the schedule known as the 6-Year Financial Plan — General Fund Revenues and Expenditures will require additional documentation. Policy FP-2: Major revenue sources will require explanation in the document known as Notes to 6-Year Financial Plan - Revenues, Expenditures and Fund Balance. Operating Expenditures Policy FP-3: Expenditures for the General Fund operations (schedule known as General Fund Maintenance and Operations Detail will only include basic inflationary increases at the beginning of the budget preparation process. Proposed increases in programs or personnel will require an issues and options paper and Council approval before being added to the operating expenditures estimate. Capital Expenditures Policy FP-4: Project capital grants with local matching requirements can only be applied for with approval by the appropriate City Council Committee. Grant applications should generally be made only for projects listed in the six -year Capital Improvement Program, although exceptions can be made with approval by the appropriate City Council Committee. Policy FP-5: If the proposed grants or mitigation are either not funded or are reduced, the respective project will be reevaluated on the basis of its value and priority level placement in the Capital Improvement Program. Policy FP-6: The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit is that the property is peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Page 1 of 2 153 Policy FP-7: For the purpose of compliance with Tukwila Municipal Code Section 3.32.040, "Unbudgeted Equipment or Fixed Assets," "unbudgeted" shall mean when a department's capital asset line item has insufficient budget for the desired purchase. Capital equipment or fixed asset purchases between $5,000 - $39,999 are not subject to TMC 3.32.040 and do not require Council Committee approval if there is sufficient budget, unless there is a policy implication. Enterprise Funds Policy FP-8: Each Enterprise Fund shall be reviewed annually and it must have a rate structure adequate to meet its operations and maintenance and long-term capital requirements. Policy FP-9: Enterprise Fund rate increases shall be small, applied frequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. Policy FP-10: Enterprise Fund rate increases of external agencies (i.e. King County secondary wastewater treatment fees) will be passed through to the users of the utility. Other General Financial Policies Policy GF-1: The City's various user charges and fees shall be reviewed at least every three years for proposed adjustments based on services provided and comparisons with other jurisdictions. Policy GF-2: The Finance Director shall provide a financial status update at least quarterly. Policy GF-3: Budget amendments during the year may be approved by budget motion until the end of the budget year, at which time a formal comprehensive budget amendment is submitted. Policy GF-4: The City shall, whenever practical and advantageous, take advantage of grants, loans, or other external financial sources. With the exception of capital improvement program grants requiring a local match, staff shall report to and seek the approval of the appropriate Council Committee before finalizing the grant. Policy GF-5: Funds exceeding the Mayor's allocated signature authority shall not be moved between City departments without prior approval of the City Council. Policy GF-6: The City Council shall receive an updated list of all contracts every quarter, including the amount, responsible department, scope of work, and expiration date. Page 2 of 2 154 COUNCILAGENDA SYNOPSIS Meeting Dale Prepared 1?3/ ,ALgor's reriew Council revie», 10/22/18 LH 11/13/18 LH 11/19/18 LH ITEM INFORMATION ITEM No. 4.D. STAFF SI)( )NSOR: DAVID CLINE 0121(;INAL AGINI),\ D.VIE: 10/22/18 Atlilm),\ ITFAt DTI Y A resolution regarding employee compensation Cxtv(4)1 ' Discussion AN Date 11/13/18 Motion AUG Date E Ordinance Ali, Date E BUI Award Al ts, 0 ate [11 Public I tear/ nc A itf; Date [1] Other /1,4g Date Resolution AN [Ante 11/19/18 S 1)()NS()R. I — Counci/ ZAL!yor ZI IR EDCD [Finance LIFter TS Pe.,,R Paice XIP1r ICoiert SIk)NSOR'S The draft resolution adopts revisions to the compensation policy for city employees, Summ,\Ry reflecting amendments and direction from the Finance Committee over the past several months. The review process began in March and concluded with a Committee recommendation on October 16. A full Council work session was held on June 19, 2018. Rkvil,Nal) BY [ C.O.W. Mtg. Z CON Comm Z Finance Comm. Public Safery Comm. [ Trans &Infrastructure Arts Comm. E Parks Comm. 0 Planning Comm. DATE: MARCH - OCTOBER 2018 COMMITITTI CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. COMMUITFA': Majority Approval 10/16 COST IMPACT / FUND SOURCE EXIT,NDITURI,: RkQUIRFD AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/22/18 Forward to 11/13/18 C.O.W. 11/13/18 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/13/18 Updated Informational Memo dated 11/7/18, based on Finance Committee Questions Draft resolution Finance Committee minutes 3/20, 5/22, 7/5, 7/18, 8/21, 9/5, 9/18, 10/2, 10/16 11/19/18 Resolution 155 156 Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A COMPENSATION POLICY FOR CITY OF TUKWILA EMPLOYEES AND REPEALING RESOLUTION NO. 1796. WHEREAS, the City believes that the purpose of a compensation program is to facilitate recruiting, retention, development and productivity of employees; and WHEREAS, the City desires to utilize standardized policies, procedures and processes, wherever possible, for compensating all employee groups, both represented and non -represented; and WHEREAS, the City recognizes that current economic conditions and forecasts, long-range City budget forecasts, and position rates for comparable jurisdictions, as well as internal equity considerations, should assist in guiding the compensation of employees; and WHEREAS, the City has made a determination to, when economic conditions allow, review and adjust non -represented employee salaries via a market analysis to that of the average of comparable jurisdictions in even -numbered years, and to provide a cost -of -living (COLA) allowance in odd -numbered years; and WHEREAS, the City has made a determination to, when economic conditions and negotiations allow, provide represented employees with salaries that reflect the average of comparable jurisdictions; and WHEREAS, the City has made a determination to, when economic conditions allow, provide benefits to represented and non -represented employees that are slightly above the average of comparable jurisdictions; and WHEREAS, the City Council will participate in setting negotiation expectations and reviewing and approving represented employee group contracts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: W:\Word Processing\Resolutions\Compensation policy for City employees 11-14-18 Page 1 of 3 157 Section 1. The following statements and processes are adopted for the purpose of guiding compensation programs for employees of the City of Tukwila. A. Information to be provided to the City Council. 1. For Represented Employees. A written presentation of current internal and local external public agency salary and benefit trends, including a salary and benefits market survey of comparable jurisdictions, as defined herein, will be provided to the City Council. This presentation must be made to the Council prior to the commencement of negotiations with the bargaining units regarding salary and benefits. The City Council and Administration will discuss represented employee group negotiation expectations, negotiating points, salary and benefit change floors and/or ceilings prior to the beginning of, and at appropriate points during, negotiation sessions. 2. For Non -Represented Employees. A written presentation of current internal and local external public agency salary and benefit trends, including a salary and benefits market survey of comparable jurisdictions, as defined herein, will be provided to the City Council by Administration every year by the end of the third quarter that a non -represented salary increase is due. Relevant Association of Washington Cities (AWC) data from the previous year's Washington City and County Employee Salary and Benefit Survey, for the comparable jurisdictions, will be used in the salary market survey. B. Compensation Policy. 1. All Puget Sound jurisdictions with +75/-50% of Tukwila's annual assessed valuation, using the most current data from County Assessors, will be used to create the list of comparable jurisdictions for evaluation of salary information. A second criteria to be used to refine comparable jurisdictions is to only include cities with their own police department. It is desirable to use the same comparable jurisdictions for both represented and non -represented employee groups. 2. For non -represented employees, the City desires to pay the average salary for the particular pay scale, as derived from the comparable jurisdiction data described in Section B.1. If the City's pay scale for any classification does not represent the average of comparable salary ranges (+/-5%), written justification must be provided to the City Council. For represented employees, the City desires to pay salaries that are competitive to the City's comparable jurisdictions. 3. Positions that are 5% below the market and up to 10% above the market are considered competitive with the market and will receive a market adjustment the year the survey is to occur. Those positions more than 10% above the market will not receive an adjustment during the year the market adjustment is to occur and will warrant further evaluation. Documented justification of potential reclassification will be provided to the City Council for review and approval. If the documented justification results in reclassification, any adjustments will be made in alignment with City policy. W:\Word Processing\Resolutions\Compensation policy for City employees 11-14-18 Page 2 of 3 158 4. The cost -of -living adjustment (COLA) in odd -numbered years for non - represented employees shall be based upon 90% of the Seattle -Tacoma -Bellevue Consumer Price Index (CPI-W) Average (June to June). It is desirable to calculate represented cost -of -living adjustments the same way, unless a different method is authorized by the Council. Considerations for cost -of -living adjustment for odd - numbered years will be based upon internal equity with represented groups to determine if an adjustment is warranted. Administration will provide a written justification documenting that an adjustment is warranted for the City Council's review and approval prior to implementation. 5. The goal of the City is to establish parity between represented and non - represented employees' benefits. The City desires to provide employee benefits that are competitive to the comparable cities described herein. The City will endeavor to keep increases to annual health care costs under market averages. If costs exceed market averages, adjustments will be made to reduce benefit costs. 6. The goal of the City is to mitigate or avoid salary compression issues where possible. An example of salary compression is when there is only a small difference in pay between employees regardless of their skills, level, seniority or experience. Administration will provide a written justification documenting that an adjustment is warranted for the City Council's review and approval prior to implementation. 7. The City Council shall review the compensation policy described herein on an annual basis to assess efficacy and make adjustments if warranted. If the Administration determines that a deviation from the above process (in its entirety or for individual positions) is necessary, it will provide justification to the City Council for review and approval prior to the adoption of any process change. Section 2. Resolution No. 1796 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney W:\Word Processing\Resolutions\Compensation policy for City employees 11-14-18 Page 3 of 3 159 160 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor i review Council review 10/22/18 VC , 11/13/18 VC 11/19/18 VC ITEM INFORMATION ITEM No. 4.E. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 10/22/18 AGENDA ITEM T "1"1.1, Proposed increase to business license fee CATI (.;()RY Dijwjsion MtgDate 11/13/18 E Motion MigDate 11 Resolution E Ordinance Mig Date [1: Bid Award Mq Date E Public earl ng Mtg Date El Other Mtg Date Mtg Date 11/19/18 SPONSOR Council [Mayor -. R DCD ZEinance EFire ETS EJR Po/ice EPW Ecoiirt SP oNtioit' s Council is being asked to approve a resolution increasing the fees to take effect January 1, SUMMARY 2019. REVIEWED I-3Y [1] C,O.W. Mtg. [1] Trans &Infrastructure DATE: 10/16/18 Ii] CDN Comm Z Finance Comm. E Public Safety Comm. E Parks Comm. Planning Comm. COMMITTEE CHAIR: QUINN . Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMI'ITI'l" Mayor's Office No recommendation; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE RUQuIluD AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/22/18 11/13/18 Forward tn next Regular Meeting with amendments MTG. DATE ATTACHMENTS 10/22/18 Informational Memorandum dated 10/10/18 (updated to add table after Finance Corn.) Resolution (Updated to remove reference to "panoram" after Finance Corn.) Minutes from the Finance Corn. of 10/16/18 11/13/18 Info Memo dated 10/10/18 (updated to include Open House info & input from 11/5 Reg) Draft Resolution Minutes from the Finance Corn. of 10/16/18 11/19/18 Resolution with changes from 11/13/1R 1: n w 161 162 NOTE: Shaded text reflects changes made after review by the Committee of the Whole on November 13, 2018. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1913 AND ADOPTING A REVISED BUSINESS LICENSE FEE SCHEDULE. WHEREAS, the City has analyzed current business license fees; and WHEREAS, the State of Washington's streamlined sales tax mitigation payments are being phased out in 2019 and will cease in 2020, thereby reducing General Fund revenue by $1.2 million annually; and WHEREAS, sales tax revenue, due to destination -based sales tax distribution rules, has not grown at the same rate as expenditures; and WHEREAS, the City is seeking to take a balanced approach to ensure that ongoing expenditures are paid for with ongoing revenue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1913 is hereby repealed. Section 2. Fee Schedule. For 2019 and 2020, Business License fees will be charged according to the following schedule: (continued...) W:\Word Processing \Resolutions\Business license fee schedule revised 11-14-18 RBNC:bjs Page 1 of 4 163 ANNUAL BUSINESS LICENSE FEE SCHEDULE Standard Business License fee: FOR A 2019 BUSINESS LICENSE * Employee is defined at Tukwila Municipal Code Section 5.04.010(10), copied below. • A "part-time employee" is an employee working 29 or less hours per week. • A "full-time employee" is an employee working 30 or more hours per week. $45 56 45 per part-time employee* plus $91 112 .70 per full-time employee* equals total Business License Fee** FOR A 2020 BUSINESS LICENSE $56 per part-time employee* plus $112 per full-time employee* equals total Business License Fee ** * Employee is defined at Tukwila Municipal Code Section 5.04.010(10), copied below. • A "part-time employee" is an employee working 29 or less hours per week. • A "full-time employee" is an employee working -- , „ 30 or more nours per week. ** The total Business License fee due will vary based on the combination of part- time and full-time employees employed by the business. For example, a business with one part-time employee (and no other employees) will pay a Business License Fee of $45 for a 2019 license 66 35 and $56 for a 2020 license, (and no other employees) will pay a Business 112 70 and $112 fora 2020 license, A business with one full-time employee License Fee of $91 for a 2019 license Minimum Business License fee: For a 2019 Business License: $45.00 56.00 35.00 For a 2020 Business License: $56,00 Business License Fee for contractors operating within the City of Tukwila boundaries without a physical presence: $100.00 flat fee *Tukwila Municipal Code Section 5.04.010(10): 10. "Employee" means and includes each of the following persons who are not required by the City to have his/her/its own separate City of Tukwila business license: a. Any person employed at any business who performs any part of their duties within the City of Tukwila or reports from a location within the City's corporate limits; and b. Any person who is on the business's payroll, and includes all full-time, part- time, and temporary employees or workers; and W:\Word Processing\Resolutions\Business license fee schedule revised 11-14-18 RBNC:bjs 164 Page 2 of 4 c. Owners, officers, managers, and partners; and d. Any other person who performs work, services or labor at the business including, but not limited to, family members, regardless of whether they receive a wage from the business,; and e. Self-employed persons, sole proprietors, owners, officers, managers, and partners; and f. Any other person who performs work, services or labor at the business, including an independent contractor who may be exempt from requirements to have a separate City of Tukwila business license. Other annual license fees: Adult Cabaret establishment $500.00 + Business License Fee (per above) Adult Cabaret entertainer $75.00 + Business License Fee (per above) Adult Cabaret manager $75.00 Adult Entertainment Cabaret establishment $500.00 + Business License Fee (per above) Adult Entertainment Cabaret entertainer $75.00 + Business License Fee (per above) Adult Entertainment Cabaret manager $75.00 Amusement Center $500.00 + Business License Fee (per above) Amusement device fee $50.00 per device + Business License Fee (per above) Amusement device removal fee $50.00 per device Amusement device storage fee $10.00 per device per day Appeal Fee $250.00 Cabaret establishment $300.00 + Business License Fee (per above) Contractor based outside of Tukwila Same as Business License Fee (per above)$100.00 W:\Word Processing Resolutions\Business license fee schedule revised 11-14-18 RBA/C:bjs Page 3 of 4 165 Penalty for late acquisition of business license (operating a business without a valid license) If received or postmarked within 0 to 30 days of operation = 5% of license fee If received or postmarked within 31 to 60 days of operation = 10% of license fee If received or postmarked within 61 to 90 days of operation = 15% of license fee If received or postmarked within 91 to 120 days of operation = 20% of license fee If received or postmarked at 121 days of operation or longer = maximum of 25% of license fee Penalty for late renewal of business license If received or postmarked Feb. 1 through Feb. 28 = 15% of license fee If received or postmarked March 1 through March 31 = 30`)/0 of license fee If received or postmarked April 1 or later = 45% of license fee Peddler/Solicitor $70.00 Reinstatement of license fee $50.00 Washington State Patrol WATCH background check $12.00 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney W:\Word Processing\Resolutions\Business license fee schedule revised 11-14-18 RBNC:bjs 166 Page 4 of 4 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor:,- review Council review 11/19/18 VC ITEM INFORMATION ITEM No. 4.F. STAFF SPONSOR: VICKY CARLSEN ORIGINAL AGENDA DATE: 11/19/18 AGENDA ITEM TITLE Approve Ordinance Exempting Card Rooms from Business License Fee c,\T;(;()RY Discussion MIA Date 11/19/18 E Motion AN Date . Resolution Z Ordinance Mtg Date 11/19/18 . Bid Award E Public Hearing Meg Date fl Other A It,g Date Mtg Date Mtg Date S l'()NS R E Council Mayor EHR EDCD ZFinance Fire TS PR E Police ) , / Court SP ()NtioR' s Per discussion at the November 13, 2018 C.O.W., the Council is being asked to approve an SUMMARY ordinance that will add an exemption for card rooms from paying a business license fee REVIEWED BY C.O.W. Mtg. II CDN Comm E Finance Comm. E Public Safety Comm. [i] Parks Comm. 0 Planning Comm. COMMITTEE CHAIR: El Trans &Infrastructure DATE: 11/13/18 Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. CommITTIT Finance Department Direction was given for this item at the 11/13/18 C.O.W. COST IMPACT / FUND SOURCE EXPENDITUI k REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/19/18 MTG. DATE ATTACHMENTS 11/19/18 Informational Memorandum dated 11/14/18 Draft Ordinance 167 168 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director CC: Mayor Ekberg DATE: November 14, 2018 SUBJECT: Ordinance to Exempt Card Rooms from Business License Fee ISSUE Approve the ordinance exempting card rooms from the business license fee. BACKGROUND At the November 13, 2018 Committee of the Whole meeting, there was Council consensus to exempt card rooms from the business license fee. In order to exempt card rooms from the business license fee, Tukwila Municipal Code 05.04.090 Exemption will need to be amended to include an exemption for the card rooms. RECOMMENDATION The Council is asked to approve the ordinance adding an exemption for card rooms at the November 19, 2018 Regular Council Meeting. ATTACHMENTS Draft Ordinance 169 170 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE SECTION 5.04.090, "EXEMPTION," TO ADD A BUSINESS LICENSE FEE EXEMPTION FOR CERTAIN PUBLIC CARD ROOMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council passed Ordinance No. 2588 on October 15, 2018, to adopt Model Business License Language as directed by the State; and WHEREAS, the City Council passed Ordinance No. 2590 on November 5, 2018, to increase the tax on cards rooms in the City; and WHEREAS, the City Council desires to provide an equitable cost structure for businesses in the City; WHEREAS, the City Council desires to lessen the burden of the gambling tax increase by exempting card rooms from the business license fee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. No Impact on 2018 Business Licenses. It is the City Council's intention that the following amendment apply to Business Licenses issued for 2019 and beyond, and have no impact on Business Licenses issued by the City for 2018. Section 2. TMC Section 5.04.090 Amended. Ordinance Nos. 2588 §6, 2544 §5, 2356 §6, 2333 §7 and 2315 §1 (part), as codified at Tukwila Municipal Code Section 5.04.090, are hereby amended to read as follows: W: Word Processing\Ordinances\Business license fee exemption for card rooms 11-14-18 VC:bjs Page 1 of 3 171 5.04.090 Exemption A. Exemptions. The following entities may claim an exemption from the Business License fee, but if exempt under this subsection such entities shall still register under this chapter: 1. Certain Organizations Exempt from Federal Income Tax. An organization that files with the City a copy of its current IRS 501(c)(3) exemption determination letter issued by the Internal Revenue Service. 2. A governmental entity that engages solely in the exercise of governmental functions. Activities that are not exclusively governmental, such as some of the activities of a hospital or medical clinic, are not exempt under this chapter. 3. A nonprofit business operated exclusively for a religious purpose, upon furnishing proof to the Finance Director of its nonprofit status. For the purposes of this chapter, the activities that are not part of the core religious functions are not exempt. 4. A Gcivic groups, service clubs, armor social organizations that arc is not engaged in any profession, trade, or occupation, but arc is organized to provide civic, service, or social activities in the City. a. Examples of such organizations include but are not limited to: Soroptomists, Kiwanis, Lions' Rotary, American Legion, children's and adults' athletic leagues and similar types of groups, clubs or organizations. 5. A Gcourt interpreters who provides an oral translation between speakers who speak different languages, and who arc is either a certified interpreter, qualified interpreter, or registered interpreter, and who makes less than $12,000 in gross annual revenue in Tukwila, Washington. Certified, qualified and registered interpreters are defined as follows: a. "Certified interpreter" means an interpreter who is certified by the administrative office of the courts. b. "Qualified interpreter" means a person who is readily able to interpret or translate spoken and written English for non -English-speaking persons and to interpret or translate oral or written statements of non -English-speaking persons into spoken English. c. "Registered interpreter" means an interpreter who is registered by the administrative office of the courts. 6. A public card room (also known as a social card room) with a house -banked license. B. Nothing in this chapter shall be construed to require a license for any farmer, gardener, or other person to sell, deliver or peddle any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place within the State. W: Word Processing\Ordinances\Business license fee exemption for card rooms 11-14-18 VC:bjs Page 2 of 3 172 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a Regular Meeting thereof this day of , 2018. 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\Business license fee exemption for card rooms 11-14-18 VC:bjs Page 3 of 3 173 174 COUNCIL AGENDA SYNOPSIS MeetingDate Prepared by Mayor's review Council review 11/13/18 CO t•/\ 11/19/18 CO 11/26/18 CO ITEM INFORMATION ITEM No. 4.G. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL, AGENDA DATE: 11/13/18 AGENDA ITEM TiiIm: Continued Review of City Budget *PLEASE BRING YOUR BUDGET BINDERS* CATIGORY n Discussion 11/13/18 0 Motion Mtg Date E Resolution Mtg Date E Ordinance At Date 0 Bid Award AI lg Dale El Public 1--leariq Mtg Dale E Other Aug Dale Mtg Date SPONSOR Council Mayor ERR LIDCD Finance EFire Ts Police LIPW EConn NP&R SP ONSOR' S Continued review of 2019-2020 proposed budget by department. SUMMARY REVIEWED BY El C.O.W. Mtg. Z CDN Comm Z Finance Comm. Z Public Safety Comm. Arts Comm. 0 Parks Comm. E Planning Comm. COMMITTEE CHAIR: n Trans &Infrastructure DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Each departmental budget has been reviewed in the applicable Cmte. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 11/13/18 Please bring your budget binders 11/19/18 Please bring your budget binders 11/26/18 175 176 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 14, 2018 SUBJECT: Report for November 19, 2018 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 • Williamsburg Leadership Institute: Mayor Ekberg attended the International City/County Management Association Williamsburg Leadership Institute October 26 - November 1. • Lower Green River Corridor Meeting: On November 2 Mayor Ekberg hosted a meeting with the Mayor's from Renton, Kent and Auburn, King County staff and WRIA 9 staff and Councilmember Robertson as the Chair of WRIA 9 to discuss options for the Lower Green River Corridor. • National League of Cities City Summit: Mayor Ekberg, Councilmembers Hougardy, Kruller, McLeod and Idan and Council Analyst Laurel Humphrey attended the National League of Cities City Summit November 6 - 11 in Los Angeles, California. II. Community Events • Opportunity Zone Workshop: On November 2 the City hosted a workshop on Opportunity Zones at the Sullivan Center at Tukwila Village. The workshop was intended for local property owners, developers and investors to learn how the new Federal Opportunity Zone tax incentive works. The event included a tour of Tukwila's four Opportunity Zones and highlighted development opportunities along Tukwila International Boulevard. Councilmember Quinn welcomed the participants and Planning Commissioner Sharon Mann spoke about development on the Boulevard. Councilmember McLeod was one of approximately 50 people who participated. As time permits, staff will continue to use the new federal tax incentive to market development in our Opportunity Zones. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 177 City Administrator's Report November 14, 2018 Page 2 III. Staff Updates Project Updates • 42nd Ave Phase III: Estimated Completion: December 2018 Private service connections continue to be installed to properties along 42nd Ave S. Shrubs and trees are being planted and the Gilliam Creek area is being landscaped. Driveways, a short wall and sidewalks along 42nd Ave S have been poured. Seattle City Light is continuing to work on private service connections. CenturyLink, Comcast and Zayo crews continue with their new underground system. • 53rd Ave S: Estimated Completion: March 2019 The contractor has completed the joint utility trench and has started working on the storm drains. Private electrical service connections are being installed. In mid -November, Seattle City Light will begin installing electrical cabling and the contractor will begin roadwork for installation of the curb and gutters. • BAR Bridge Rehabilitation: Estimated Completion: February 2019 The contractor has completed the deck overlay and is focusing on the work to complete the new sidewalk along the south side of the structure. There also continues to be work beneath the structure to extend the new drainage system. • Sign Code Letters to Businesses: In anticipation of a busy holiday retail season Community Development staff are sending out courtesy letters to businesses in order to educate retailers on the City sign code regarding temporary and/or prohibited signs. Most initial letters lead to compliance without going to a formal Request for Compliance. A -boards and sandwich boards as well as vertical wind -animated signs are prohibited while temporary signs (typically fabric banners) require a 30-day permit Boards and Commissions • Arts Commission: No vacancies. • Civil Service Commission: No vacancies. • COPCAB: Vacant Position: Student Representative. • Equity & Social Justice Commission: Vacant Position: Student Representative. • Human Services Advisory Board: Upcoming Vacancy: Position #3 Resident. • Landmark Commission: No vacancies. • Library Advisory Board: Vacant Positions: Position #7 Resident & Student Representative. • Lodging Tax Advisory Committee: No vacancies. • Park Commission: Vacant Positions: Position #4 Resident & Student Representative. • Planning Commission: Upcoming Vacancy: Position #5 Resident. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 178 November 14, 2018 TO: Tukwila City Council FROM: Steve Goldblatt PMQA Consultant RE: Public Safety Plan November update Fire Station 51 and the Justice Center have begun their respective construction document phases. Fire Station 52 is in its schematic design phase. The Council recently approved a contract for programming and master planning of the consolidated shops facilities. The Project Executive Team and City partners have had another productive month on all ele- ments of the Plan. FIRE STATIONS Site development Geotechnical exploration will inform site development costs for Fire Station 52. The City owns the property planned for new Fire Station 54, and its use or disposition will be a future Council decision. On 22 October, Council approved an amendment to Lydig's contract for demolition of the structures on the property. The work is expected to take place later this month through early next month. Station 51 construction documents Weinstein AU has begun Station 51's construction documents phase. Design develop- ment pricing was presented 27 August in COW, with Council consensus to move for- ward. Seven Fire Department -preferred alternates will be fully designed and included in bid package documents; Council will decide if/when any or all are adopted. Station 51's approved budget is $13.3 million. The project team is reviewing the 60% con- struction document set and aiming to complete this phase by the end of the year. Station 52 schematic design Weinstein AU's schematic design for Station 52 began in August and is progressing with Fire Department input. At COW 10 September, Council concurred with Public Safety's 4 September recommendations to (1) carry the administrative tenant im- provements as an alternate, and (2) select the Fire Department's preferred drive - through plan. Drive -through Station 52's approved budget is $19.26 million. Station 54 assessment On 18 June, Council eliminated new Station 54 from the Plan via Option D-20(f) and asked for an estimate to make life safety improvements to the existing station. Staff presented four potential options —with very rough order of magnitude cost esti- mates —to Public Safety 5 November; see Rachel Bianchi's 30 October memo for de- tails. Committee consensus was to revisit the options next May after Station 51 and Justice Center construction costs firm up. The Committee agreed that the existing sta- tion needs modest maintenance and repairs for the health of firefighters there. Stations' budget The project team's Station 51 design development estimate has begun to inform Sta- tion 52's schematic design budget, specifically adjusted to the City Hall site. At this point, the overage has grown for both stations. New Station 54's deletion will lose some economy of scale on design, construction, and dependent costs for Stations 51 and 52. Including Station 54's substantially reduced scope, the stations' overall ap- proved budget is $34 million. GC/CM pre -construction services Lydig is working with Weinstein AU on Station 51's construction documents, Station 52's schematic design, and new Station 54's structure demolition. Disadvantaged Business Enterprise and local hiring policies The Council unanimously passed Resolution 1929 on 2 April, adopting DBE and local hiring policies for the Plan's projects. The DBE goal is 17% and the local hiring goal is 20%, complementing the City's 10% apprenticeship requirement of Resolution 1814. The first metrics that the Council sees can be expected mid-2019. Lydig—and BNBuild- ers for the Justice Center —are ramping up efforts with the DBE community; see the 30 October monthly update for details. JUSTICE CENTER Property acquisition The City now owns all nine Justice Center properties except JC-8 (Travelodge). The City has possession and use of JC-8; ownership is pending the resolution of an easement is- sue. Due to delayed access to parcels in the middle of the site, there remain unknown risks that haven't been fully estimated; additional site contingency funds are included in the overall project budget. With all parcels now accessible, the team is doing survey- ing and Phase II environmental investigation. Construction documents DLR and BNB began design development mid -June. Design development pricing con- firmed the approved schematic design budget of $68.5 million. Design development pricing was presented 8 October in COW, with Council consensus to move forward to the construction documents phase. The kickoff meeting for this phase was held at DLR 2 November. GC/CM pre -construction services BNB continues to work with the design team on cost estimating, constructability, mate- rial selection, and scheduling. BNB performed early abatement and demolition work on the JC-9 property. BNB is developing pricing for JC-8 property (Travelodge) early abatement and demolition. Staff will present a BNB contract amendment to Public Safety 3 December and COW and a special Council meeting 10 December. PMQA update November 14, 2018 page 2 CONSOLIDATED SHOPS Property acquisition Depending on due diligence and site access, the Council should expect final pricing and closed transactions for the Shops properties later this year. Site investigations and ne- gotiations are ongoing. King County Superior Court granted the City's request for Pub- lic Use and Necessity. Negotiations are under way regarding access, possession, and price. Programming and master planning services A $365,000 contract (including contingency) with SHKS Architects for shops' program- ming and master planning services was recommended by Public Safety 1 October and a majority consensus at COW 8 October and approved 4-3 by Council 5 November. OTHER RESOURCES Professional services The Project Executive Team is working through procurement of additional consultant resources for the Fire Stations and Justice Center; e.g., testing and inspections. Com- missioning awaits construction. Archeologists and transportation consultants for envi- ronmental reviews will be procured as needed. A hazmat contract for $64,740 with NOVO for work at the Justice Center and existing Fire Station 54 was approved by Council 15 October. RFPs will be issued for commissioning and construction testing and inspections in December -January for Fire Stations 51 and 52 and Justice Center. PROGRAM 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 revised milestones. The Project Exec- utive Team, City staff, and Council are doing as well as can be expected given all the new properties' access, due diligence, and acquisition challenges. Fire Station 51 and Justice Center bidding is now expected to begin in January, and construction on both projects next spring. PMQA update November 14, 2018 page 3 PROGRAM BUDGET Financial plan From 6 February through 5 June, the Finance Committee and staff conducted an inten- sive effort to develop recommendations for full Council discussion re the Plan's signifi- cant financial gap. This effort culminated 5 June in a unanimous Committee recommen- dation of Option D-20(f) that was discussed at the 11 June Council workshop. Council reached consensus for Option D-20(f), approved by a full Council vote 18 June. 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. Not meeting target No recovery plan in place. PMQA update November 14, 2018 page 4 Upcoming Meetings & Events November/December 2018 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday) Tukwila Intl Blvd. Action Cmte's Trash Pickup Day 9 00 - 10:00 AM For location or information contact Sharon Mann 206-200-3616 > Cmte, > Finance Cmte, 5:30 PM (Ha:e/nut Conference Room) IY Acts Commission, Rescheduled to 11/28/18 Thanksgiving City Community Center , 01) Day offices Tukwila closed, ,ottAVI,11,„ 1.1 Ilk: and III.II ilibk City offices and Tukwila Community Center closed. Cancelled City Council Regular Mtg., 700 Pm (Council Chambers) 26th (Monday) 27th (Tuesday) 28th (Wednesday) 29th (Thursday) 30th (Friday) 1st (Saturday) Transportation & Infrastructure Cmte., 5:30 PM (Hale/nut ('oMerence Room) City Council Committee of the Whole Mtg., 7.00 PM (Council ( hambers) .0 Community Development & Neighborhoods Cmte., 5:30 PM (fla:elnut Conference Room) Green Tukwila Partnership Work Party at Riverton Creek 11:00 am -2:00 pm (37"' & 128th Si) 7r. Arts Commission, 5.00 PM (Community Center) Rescheduled from 11/21/18 Donations being collected for the City of Tukwila's "Spirit of Giving" Visit www.tukwilawa.gov or e-mail TukParksaTukwilawa.gov Thank Program. you! -Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conf Room, Contact Michelle Godyn at 206-431-2187. >Community Development and Neighborhoods Committee: 2nd & 4th Tues., 530 PM, Hazelnut Conf, Room. Contact Laurel Humphrey at 206-433-8993. COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 Pm, Duwamish Conference Room. Contact Chris Portman at 206-431-2/97 > 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 contract with R.L. Evans for 2019 broker services. (B) An ordinance amending the 2017-2018 Biennial Budget. (C) An ordinance regarding the transition to King County as the City's agent for storm and surface water billing/payments. (D) 2018 3"' Quarter financial reporter. > Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. > Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. > Planning Commission/Board of Architectural Review: 4' Thurs., 6:30 PM, Council Chambers at City Hall, Contact Wynetta Bivens at 206-431-3670. >Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993 )Transportation and Infrastructure Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf Room. Contact Laurel Humphrey at 206-433-8993. >Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59'h Avenue S. Contact Louise Jones -Brown at 206-244-4478. >Tukwila Inel. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815. 183 Agenda Schedule Tentative MONTH MEETING 1- MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR C.O.W. November 5 13(Tuesday) 19 26 See agenda packet Public Hearing: cover sheet for this week's agenda: November 19, 2018 Regular Meeting. An ordinance renewing a moratorium within the Tukwila International Boulevard study area. Special Issues: -An ordinance renewing a moratorium within the Tukwila International Boulevard study area. -Consensus on proposed federal public charge rule. -A resolution adopting a Neighborhood Traffic Calming Program. -An ordinance amending the code of ethics for elected officials. -Discussion on proposed 2019- 2020 biennial budget and 2019- 2024 Capital Improvement Program. 184