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Home My WebLink AboutCOW 2020-01-13 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ COMMITTEE OF THE WHOLE ❖ Allan Ekberg, Mayor Counci/members: ❖ Verna Seal ❖ Kathy Hougardy . ; David Cline, City Administrator ❖ Kate Kruller ❖ Thomas McLeod De'Sean Quinn, Council President ❖ Zak Idan ❖ Cynthia Delostrinos Johnson Monday, January 13, 2020; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Report on Tukwila Permit Process Project. Pg.1 PRESENTATION Andrea Reay and Joe Scorcio, Seattle Southside Chamber of Commerce. 3. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (please limit your comments to rive minutes per person). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. SPECIAL ISSUES a. Discussion on 2020 census outreach plan. Pg.11 b. An ordinance amending the Traffic Impact Fee Schedule 2020. Pg.25 c. City Council participation on Regional Boards and Committees. Pg.33 d. A contract with Allstream for cloud PBX services. Pg.37 e. A contract with Tri-Med for ambulance services. Pg.89 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURN TO SPECIAL MEETING ❖ SPECIAL MEETING ❖ ❖ Ord # 2624 ❖ Res # 1983 1. CALL TO ORDER / ROLL CALL 2. CONSENT a. Applications for lodging tax funds: Pg.131 AGENDA (1) Approve an application from the City of Tukwila for lodging tax funds for general operations in the amount of $133,000. (2) Approve an application from the City of Tukwila for lodging tax funds for a partnership with the Seattle Seawolves in the amount of $39,000. 3. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 4. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk(cbTukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov) HOW TO TESTIFY When recognized by the Presiding Officer to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and may not be able to answer questions or respond during the meeting. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council on items that are NOT included on the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic. SPECIAL MEETINGS/EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2,04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed there are forwarded to Regular or Special Council meetings for official action. Tukwila Permit Process Project City Council Briefing January 13, 2020 SOUTSFATHSITLEE CHAMBER OF COMMERCE P-, ■Summary of Evaluation Process ■ Customer Input ■ Staff Input ■ Presentations, Report and Schedule ■ Next Steps Contacts: ■ Andrea Reay ■ (Andrea@seattlesouthsidechamber.com) ■ Joe Scorcio ■ (Joe@seattlesouthsidechamber.com) SEATTLE,& SOUTHSIDE 'e", CHAMBER OF COMMERCE ■There is an opportunity and need to make changes now ■The Staff is GREAT! ■At this time there are system wide issues to address SOUTSFATHSITLEE CHAMBER OF COMMERCE W 0 ■Metrics: 0 invitations participated ■ Really Satisfied Customers ■ Example ■ Really Unsatisfied Customers ■ Example participate ■ Communication -Clear, Concise and Accessible ■ Voicemail, email, website, forms, checklists ■ Consistency -in communication and decision making ■ Timelines and Process ■ Online Tools/Processing ■ Filing and signatures and stamps ■ Expectations ■ FAQ's SOUTSEATHSITLEE CHAMBER OF COMMERCE Cn kl' ■ It "works" because of the staff ■ Policy and operating procedures needed ■Cohesion and communication ■ Experience and Knowledge ■One -deep staffing is crippling ■ Technology ■ Written Procedures needed ■Training ■ Public education, access and services ■ Fees and revenues SOUTSEATHSITLEE CHAMBER OF COMMERCE ■Clearly Defined System ■Higher Priority on Development Processes ■PredIca bility and Timeliness ■Consistent and Reliable Information ■Adequate Resources SOUTSEATHSITLEE 4t, CHAMBER OF COMMERCE ■ Define the City's permitting and inspection system ■ Establish/enact the sequence &timing of implementation ■Fill vacant positions (current or as redefined) immediately ■ Designate super users and charter initial user group(s) ■Conduct refresher training for all assigned/involved staff ■ Identify/prioritize the operational processes and procedures that need to be developed and/or updated ■ Review and update the website, handout materials and other public information ■ Promptly address anything else that comes up SOUTSEATHSITLEE CHAMBER OF COMMERCE ■Complete customer interviews and input analysis ■Finalize Report to Mayor Ekberg ■City determines actions, sequence and timing ■Implementation Contacts: ■ Andrea Reay ■ (Andrea@seattlesouthsidechamber.com) ■ Joe Scorcio ■ (Joe@seattlesouthsidechamber.com) SEATTLE SOUTHSIDE CHAMBER OF COMMERCE IN 10 COUNCIL AGENDA SYNOPSIS --------------------------------- bliliaLr Aleetin Date Pre aced by Mayors review Couctcil review 01/13/20 NFB ITEM INFORMATION ITEM NO. 4.A. S'FAFF SPONSOR: NIESHA FORT -BROOKS O1tIGIN,11. AGI?ND;A D.A"1'1?: 01/13/20 AGENDA I'n t-1 Ti,n,i: 2020 Census Outreach CA'I'F,GORY ® Discussion Aft g Date 01113120 ❑ Motion Altg Date ❑ Resolution Altg Date ❑ Ordinance Altg Date ❑ Bid Award Altg Date ❑ Public Hearing g Date Ali ❑ Other hltg Date SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑7S ❑P&R ❑Police ❑Plh ❑Court SPONSOWS Presentation to Council on City activities to achieve a complete count of our community in SUMMARY the 2020 Census. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/AD'N4iN. Administrative Services Crnrnlr1'1'1`k N/A COST IMPACT / FUND SOURCE EhPENDI'1'IIRI. RI?QuiRl?D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/13/20 MTG. DATE ATTACHMENTS 01/13/20 Census 2020 Outreach Presentation 11 12 2020 Census Outreach Plan The City of Opportunity, The Community of Choice W Presentation Agenda • What is the Census and why is the Census important • Hard -to -count populations and demographics • US Census activities • How local governments can support the Census efforts • Overview of City outreach tactics • Sample of ideas from Foster High School Students • Questions What is a Census and why is it important? • Once a decade, the United States Census Bureau is mandated by the US Constitution to count every resident in the US. • The Census is the basis for reapportioning congressional seats, redistricting and distributing more than $675 billon in federal funds annually to support states, counties and communities' vital programs — impacting housing, education, transportation, employment, healthcare, and public policy. How does the Census benefit the community Federal funds, grants and support to states, counties and communities are based on population totals and breakdowns by sex, age, race and other factors. The Tukwila community benefits the most when the census counts everyone. ✓Its about fair representation ✓Taking part is your civic duty ✓It's about redistricting ✓Everyone counts. WA *Designed by TownMapsUSA.mm Tu kwi la's Focus: Hard to Count Populations • Low-income • Immigrant and refugees • People experiencing homelessness • Children under 5 • Seniors • People with disabilities • LG BTQ • Renters • Veterans 9 US Census Activities • Opened hundreds of offices across the country. Hiring is ongoing; thousands needed across the country to ensure an accurate count. • Verified addresses in high growth/significant change areas via Census workers. • Counting begins January 1, 2020 in Alaska; remaining states focused on April 1, 2020 Census day. • All households will receive multiple mailers asking them to fill out the Census form online. • Census will work specifically with CBOs focused on people experiencing homelessness, transitional housing, etc. as well as group quarters (jails, nursing homes, etc.). • April 1, 2020: Census Day. • Households that do not respond to the mailers will receive visits from Census employees similar to previous Census operations. • Report from the Census Bureau must be delivered to Congress by December 31, 2020 How local governments can support Census activities • Amplify the Census Bureau's message and outreach activities • Leverage partnerships with community -based organizations, often the trusted allies of hard -to -reach populations • Provide access to technology to allow community members the ability to fill out the Census N O Outreach Tactics ➢South King County Census ➢Partnership with Tukwila Table School District ➢Presentation & Roadshow ➢ Comm unity- &faith -based organizations partnerships ➢Hazelnut ➢ E-Hazelnut ➢Social media ➢ TukTV ➢City WiFi ➢Front counter staff trained to assist with Census Example of outreach tactic • Partnership with five Foster High School Civics classes • Staff presented information about why the Census is important and the City's draft outreach plan; students were charged with identifying a hard -to -count population they would like to focus on and come up with a plan • 20 groups presented; City elected's and staff attended • Great ideas shared; all presentations shared with the South King County Census Table, US Census Bureau and City of Seattle N N N Our Action plan • A campaign that will have Spanish translators to explain the 2020 census. • Bring awareness on social media • Come together with our classmates to explain the census to people who don't know anything about it • Recommendation of removal of census question "Is this person Hispanic, Latino, or Spanish origin?" ACTION PLAN Idea #3 -1- Census Awareness Month i Were all the department talk about how they f can integrate educating people about the census in many different ways.(Project, arts, collecting data etc.) Not only social studies District sending letters home about the "' month and the importance of it with Questions? N W 24 COUNCIL AGENDA SYNOPSIS ---Initials --------------------------------- I ITEM NO. Meelin,g Date Prepared b , Mayor's review Council review 01/13/20 GL ' 01/27/20 GL ITEM INFORMATION STAFF SPONSOR: CYNDY KNIGHTON ORIGINAI,AGI:ND�� DATr:: 01/13/20 AGENDA ITEM Trri.E Concurrency Standards and Transportation Impact Fees Ordinance Revising Tukwila Muncipal Code Chapter 9.48 CATEGORY ® Discussion A1tg Date 01/13/20 ® Motion R4tg Date 01127120 ❑ Resolution A1tg Date ❑ Ordinance Mtg Date ❑ Bidflzvard A11g Date ❑ Public Hearing I1to Date ❑ Other Altg Date SPONSOR ❑Council ❑11(gor ❑FIR ❑DCD ❑.Finance ❑Fire ❑TS ❑PAR ❑Police ®PIY/ ❑Court SPONSOR'S Council approved Ordinance No. 2622 in December 2019 that amended Tukwila Municipal SUMMARY Code Chapter 9.48 , which updated the Transportation Impact Fee Schedule. A mathematical error on the fee schedule was inadvertently included and a new Ordinance is needed to correct the traffic impact fee schedule. Council is being asked to approve the revised Ordinance. REVIEWP:D BY ® C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safeny Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 01/13/20 COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADNIIN• Public Works Department COST IMPACT / FUND SOURCE EXPENDITURF, RGQUIRI?ID AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/13/20 Forward to next Special Meeting Consent Agenda 01/27/20 MTG. DATE ATTACHMENTS 01/13/20 Informational Memorandum dated 01/13/20 Draft Ordinance with revised 2020 Transportation Impact Fees 01/27/20 Final Ordinance 25 26 TO: FROM BY: CC: DATE: City ®f Tukwila Allan Ekberg, Mayor Public Works Department- Henry Hash, Director INFORMATIONAL MEMORANDUM Committee of the Whole Henry Hash, Public Works Director Cyndy Knighton, Senior Program Manager Mayor Ekberg January 10, 2020 SUBJECT: Concurrency Standards and Transportation Impact Fees Ordinance Revising TMC Chapter 9.48 ISSUE Amend Ordinance No. 2622 as codified in the Tukwila Municipal Code (TMC) Chapter 9.48 tc update the Transportation Impact Fee Schedule (TIF), use of traffic impact fees, and exemptions. BACKGROUND In December 2005, the City established traffic concurrency standards and a new impact fee process, adopted via ordinance and codified in TMC Chapter 9.48. In December 2019, Council updated the City code and the Transportation Impact Fee Schedule as reflected in Figure 9-1, but a mathematical error on the fee schedule was inadvertently included. ANALYSIS The impact fee for each new trip generated in the four zones is correct, but the calculations behind the individual land uses is not. This error requires a new ordinance be passed by the Council to eliminate the inherent error on the Transportation Impact Fee Schedule. FINANCIAL IMPACT The updated TIF will generally increase the amount of traffic impact fee monies being collected. The impact fees are placed in a dedicated account in the 104 Arterial Street Fund for use only on the projects identified within the fee calculations. RECOMMENDATIO Council is being asked to approve the Ordinance amending TMC Chapter 9.48 and consider this item at the January 13, 2020 Committee of the Whole and subsequent January 27, 2020 Special Meeting Consent Agenda. ATTACHMENTS • Draft Ordinance with corrected 2020 Transportation Impact Fee Schedule C:\Users\andy-y\AppDala\Local\Microsoft\Windows\INe(Cache\Content.Outlook\SEWXUOP2\INFORMATION MEMO - Impact Fee Update Revision 2020.docxc:\users\andy- y\appdata\local\microsofl\windows\inelcache\content.outlook\sewxuop2\information memo - impact fee update revision 2020.docx 27 w AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2622 §1 AND 2111 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 9.48.030, "IMPOSITION OF TRANSPORTATION IMPACT FEES," TO UPDATE FIGURE 9-1, "TRAFFIC IMPACT FEE SCHEDULE 2020;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 2, 2019, the City Council of the City of Tukwila adopted Ordinance No. 2622 which, in part, updated the City's transportation impact fees, reflected in Figure 9-1 as codified in Title 9 of the Tukwila Municipal Code; and WHEREAS, after adopting Ordinance No. 2622, errors were discovered in Figure 9- 1; and WHEREAS, to correct said errors, the City Council desires to amend Figure 9-1; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Figure 9-1 Amended. Ordinance Nos. 2622 §1 and 2111 §1 (part), as codified at Tukwila Municipal Code Section 9.48.030, "Imposition of Transportation Impact Fees," are hereby amended to update "Traffic Impact Fee Schedule 2020," codified as Figure 9-1, and attached hereto as "Exhibit A." 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. W: Legislative Development\Concurrency Stds and Impact Fees -update Figure 9-1 1-3-20 CK:bjs Review and analysis by Barbara Saxton Page 1 of 2 29 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 of constitutionality of the remaining portion of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2020. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A —Figure 9-1 — Traffic Impact Fee Schedule 2020 W: Legislative Development\Concurrency Stds and Impact Fees -update Figure 9-1 1-3-20 CK:bjs Review and analysis by Barbara Saxton 30 Page 2 of 2 Exhibit A Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66 Residential Single Family dwelling $4,394.34 $4,814.51 $5,291.97 $2,037.08 Multi Family dwelling $2,012.22 $2,204.62 $2,423.26 $932.81 Retirement Community dwelling $821.17 $899.68 $988.90 $380.67 Nursing Home/Convalescent Center bed $976.52 $1,069.89 $1,175.99 $452.69 Assisted Living dwelling $1,154.07 $1,264.42 $1,389.81 $534.99 Residential Suites/Microunit apartment4 dwelling $1,331.621 $1,458.941 $1,605.631 $617.30 Commercial - Services Drive-in Bank sq ft/GFA $59.00 $64.64 $71.05 $27.35 Walk-in Bank sq ft/GFA $43.07 $47.19 $51.87 $19.97 Day Care Center sq ft/GFA $49.36 $54.08 $59A4 $22.88 Library sq ft/GFA $27.17 $29.76 $32.71 $12.59 Post Office sq ft/GFA $37.32 $40.89 $44.94 $17.30 Hotel/Motel room $2,663.24 $2,917.88 $3,207.25 $1,234.60 Service Station VFP $36,119.72 $39,573.32 $43,497.82 $16,744.00 Service Station/Minimart VFP $27,323.05 $29,935.54 $32,904.27 $12,666.13 Service Station/Minimart/Car Wash VFP $17,750.48 $19,447.70 $21,376.33 $8,228.58 Carwash (Self -Serve) Stall $15,983.87 $17,512.17 $19,248.86 $7,409.63 Movie Theater screen $339.56 $372.03 $408.92 $157.41 Health Club sq ft/GFA $16.21 $17.76 $19.52 $7.52 Racquet Club sq ft/GFA $12.72 $13.93 $15.31 $5.90 Public Park acre $488.26 $534.95 $588.00 $226.34 Golf Driving Range tees $5,548.41 $6,078.93 $6,681.78 $2,572.08 Batting Cages cage $9,853.98 $10,796.17 $11,866.83 $4,568.01 Multipurpose Recreational Facility sq ft/GFA $15.89 $17.41 $19.14 $7.37 Trampoline Park sq ft/GFA $6,66 $7.29 $8.02 $3.09 Bowling Alley sq ft/GFA $5.15 $5.64 $6.20 $2.39 Ice Skating Rink sq ft/GFA $5.90 $6.47 $7.11 $2.74 Casino/Video Lottery Estab. With Food sq ft/GFA $59.88 $65.60 $72.11 $27.76 Commercial - Institutional Elementary School/Jr. High School student $754.58 $826.73 $908.72 $349.80 High School student $621.42 $680.84 $748.36 $288.07 University/College student $843.36 $924.00 $1,015.63 $390.96 Religious Institutions sq ft/GFA $2.17 $2.38 $2.62 $1.01 Hospital sq ft/GFA $3.44 $3.77 $4.15 $1.60 Commercial - Restaurant Quality Restaurant sq ft/GFA $19.39 $21.24 $23.35 $8.99 High Turnover Restaurant sq ft/GFA $24.72 $27.08 $29.77 $11 A6 Fast Food Restaurant w/o drive thru sq ft/GFA $62.90 $68.91 $75.74 $29.16 Fast Food Restaurant w/ drive thru sq ft/GFA $72.51 $79.44 $87.32 $33.61 Drinking Place sq ft/GFA $37.85 $41.47 $45.58 $17.55 Coffee/Donut Shot w/ drive thru sq ft/GFA $19.26 $21.10 $23.19 $8.93 Industrial $0.00 $0.00 $0.00 $0.00 Light Industry/High Technology sq ft/GFA $2.80 $3.06 $3.37 $1.30 Industrial Park sq ft/GFA $1.78 $1.95 $2.14 $0.82 Warehousing/Storage sq ft/GFA $0.84 $0.92 $1.02 $0.39 Mini Warehouse sq ft/GFA $0.75 $0.83 $0.91 $0.35 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 1 of 2 31 Figure 9-1 Traffic Impact Fee Schedule 2020 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses 1 $4,438.731 $4,863.141 $5,345.421 $2,057.66 Commercial - Retail Shopping Center up to 9,999 sq ft sq ft/GLA $26.28 $28.79 $31.64 $12.18 10,000 sq ft-49,999 sq ft sq ft/GLA $16.49 $18.07 $19.86 $7.64 50,000 sq ft-99,999 sq ft sq ft/GLA $14.31 $15.67 $17.23 $6.63 100,000 sq ft-199,999 sq ft sq ft/GLA $13.02 $14.27 $15.68 $6.04 200,000 sq ft-299,999 sq ft sq ft/GLA $12.35 $13.53 $14.87 $5.72 300,000 sq ft-399,999 sq ft sq ft/GLA $12.18 $13.34 $14.67 $5.65 over 400,000 sq ft sq ft/GLA $12.621 $13.82 $15.19 $5.85 Miscellaneous Retail Sales sq ft/GFA $12.48 $13.68 $15.03 $5.79 Supermarket sq ft/GFA $26.25 $28.76 $31.61 $12.17 Convenience Market sq ft/GFA $106.81 $117.03 $128.63 $49.52 Nursery/Garden Center sq ft/GFA $21.56 $23.63 $25.97 $10.00 Furniture Store sq ft/GFA $1.08 $1.19 $1.31 $0.50 Car Sales - New/Used sq ft/GFA $10.97 $12.02 $13.21 $5.09 Auto Care Center sq ft/GLA $13.801 $15.12 $16.62 $6.40 Quick Lubrication Vehicle Shop Service Bay $15,069.491 $15,069.49 $15,069.49 $15,069.49 Auto Parts Sales sq ft/GFA $15.261 $16.71 $18.37 $7.07 Pharmacy (with Drive Through) sq ft/GFA $23.29 $25.52 $28.05 $10.80 Pharmacy (no Drive Through) sq ft/GFA $17.75 $19.45 $21.38 $8.23 Free Standing Discount Store sq ft/GFA $17.79 $19.50 $21.43 $825 Hardware/Paint Store sq ft/GFA $7.78 $8.53 $9.37 $3.61 Discount Club sq ft/GFA $11.69 $12.81 $14.08 $5.42 Video Rental sq ft/GFA $27.17 $29.76 $32.71 $12.59 Home Improvement Superstore sq ft/GFA $6.00 $6.57 $7.22 $2.78 Tire Store Service Bay $10,929.93 $10,929.93 $10,929.93 $10,929.93 Electronics Superstore sq ft/GFA $13.241 $14.50 $15.94 $6.14 Commercial - Office Administrative Office up to 9,999 sq ft sq ft/GFA $5.27 $5.78 $6.35 $2.44 10,000 sq ft-49,999 sq ft sq ft/GFA $4.83 $5.30 $5.82 $2.24 50,000 sq ft-99,999 sq ft sq ft/GFA $4.63 $5.08 $5.58 $2.15 100,000 sq ft-199,999 sq ft sq ft/GFA $4.47 $4.90 $5.39 $2.07 200,000 sq ft-299,999 sq ft sq ft/GFA $4.35 $4.77 $5.24 $2.02 over 300,000 sq ft sq ft/GFA $4.31 $4.73 $5.20 $2.00 Medical Office/Clinic sq ft/GFA $10.92 $11.96 $13.15 $5.06 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) Page 2 of 2 32 COUNCIL AGENDA SYNOPSIS --------------------------------- I ITEM No. i1leetia Date Prepared by illayor''r aew Conn,zl review 1/13/20 LH 2-7 ITEM INFORMATION 4.C. STAFF SPONSOR: LAUREL HUMPHREY OIZIGINA],AG1 N1)A DA'11 �:: 1/13/20 AGENDA Trn,l. Councilmember participation on local, regional, state and national committees, commissions and/or boards for the 2020 calendar year. CATEGORY ® Discussion 1I1tg Date 01/13/20 ❑ Motion lltg Date ❑ Resolution Alt g Date ❑ Ordinance Mtg Date 01108120 ❑ Bid Axard Altg Date ❑ Public Hearing g Dote Ali ❑ Other R4tg Date SPONSOR ® Council ❑ Mayor ❑ HR ❑ DCD ❑Finance ❑ Fir-e ❑ TS ❑ P6-R ❑ Police ❑ Pih SPONSOR'S The City Council annually reviews its updated list of participation and representation on SUMMARY external boards and commissions. The 2020 list, attached here in draft form, should be confirmed following Council review and discussion. The list is adjusted throughout the year as needed. RI�vIL WED 13Y ❑ 'Trans&Infrastnicture ❑ CommunitySvs/Safety ❑ Finance Com ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADN11N. COMNIFI"1'EI? COST IMPACT / FUND SOURCE EXPENDrFURL: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/13/20 MTG. DATE ATTACHMENTS 01/13/20 Draft list of 2020 Council participation on boards, committees and commissions. 33 34 City of Tukwila City Council 2020 Council Participation on Boards, Committees and Commissions AWC Educational Advisory Committee Kathy Hougardy AWC Federal Legislative Priorities Committee Kate Kruller, Chair Cascade Water Alliance Board of Directors Kate Kruller, Alternate City of Tukwila Equity and Social Justice Commission Kathy Hougardy City of Tukwila Library Advisory Board Verna Seal Firemen's Pension Board Verna Seal Greater Seattle Partners Executive Council Kathy Hougardy Highline Forum Kathy Hougardy Need Alternate Lodging Tax Advisory Committee De'Sean Quinn, Chair King County Consortium Joint Recommendations Committee for De'Sean Quinn CDBG* King County Growth Management Planning Council* Thomas McLeod King County Regional Complete Count Committee* De'Sean Quinn National League of Cities: Transportation & Infrastructure Services Kate Kruller Federal Advocacy Committee National League of Cities: Council on Youth, Education and Families Verna Seal National League of Cities: First Tier Suburbs Council Thomas McLeod Puget Sound Regional Council: Regional Transit Oriented Zak Idan Development Advisory Committee Puget Sound Regional Council: Transportation Policy Board Kate Kruller King County Regional Transit Committee * Kathy Hougardy 62oo Southcenter Boulevard • Tukwila, Washington • 98188 - Tel: 2o6-433't800 • www.tukwilawa.gov 35 2020 Council Participation............................................................................................................................. page 2 Sound Cities Association Public Issues Committee South County Area Transportation Board South King Housing & Homelessness Partnership Soundside Alliance for Economic Development Board Tukwila Children's Foundation Board Washington State Commission on African American Affairs Washington State Criminal Justice Training Commission WSDOT Statewide Active Transportation Plan Steering Committee * SCA Appointments Updated 1/8/20 Kate Kruller Need Alternate Kathy Hougardy Need Alternate Thomas McLeod Kathy Hougardy, Executive Committee Chair Cynthia Delostrinos Johnson De'Sean Quinn De'Sean Quinn De'Sean Quinn 36 COUNCIL AGENDA SYNOPSIS nittals Aleeling Date Prepared by May -,s review Council renew 01/13/20 TEH L.O 01/27/20 TEH ITEM INFORMATION ITEM NO. S1'AF SPONSOR: JOSEPH TODD 01tIGINALAGENllA DATE.: 01/13/20 AGr.NDA I'r1a\I Tn'1.1: Allstream — Cloud PBX Service C ri:.GORY ® Discussion Aft Dale 01/13/20 ® Motion 111tg Date 01/27/20 ❑ Resolution dltg Date ❑ Ordinance Mtg Date ❑ .Bid Award MI Date ❑ Public Hearing hltg Date ❑ Other Mtg Date SPONSOR ❑Council ❑tllayor ❑HR ❑DCD ❑.Finance Fire ®T. ❑1) -R ❑Police ❑PII>' ❑Court SPONSOWS Cloud PBX services increase stability by guaranteeing updates to latest versions of Summmzy software, and provides geo-redundancy in the event of a catastrophic event. The committee is being asked to approve the 5 year contract with Allstream for Cloud PBX Services and to forward to the Special meetings of 01/27/2020 Consent Agenda. REvlEWF,D BY ® C.O.W. NItg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 1-13-20 CONINH1"I'EE CI-IAIR: RECOMMENDATIONS: SPONSOR/AD�IIN. Technology Innovation Services Co' No No Committee COST IMPACT / FUND SOURCE Ex1'FNDI1'URIi RrlQUI l;11) AMOUNT BUDGETED APPROPRIATION REQUIRED $180,000 $0 $0 Fund Source: 000.12.518.880.42.00 Comments: Contract is $2,999.60 per month for 5 years, NTE $180,000 with a 6 month out clause MTG. DATE RECORD OF COUNCIL ACTION 01/13/20 MTG. DATE ATTACHMENTS 01/13/20 Informational Memorandum dated 1/13/20 Allstream Contract 01/27/20 No attachments 37 w City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Joseph Todd (TIS) BY: Eric Compton (TIS) CC: Mayor Ekberg DATE: January 13, 2020 SUBJECT: Allstream — Cloud PBX Service ISSUE Transitioning PBX Services to the Cloud. BACKGROUND Private Branch Exchange (PBX) is a private telephone network used within an organization. Transitioning PBX services to the cloud increases stability by guaranteeing updates to latest versions of software, and provides geo-redundancy in the event of a catastrophic event. Utilizing Allstream's Cloud PBX services will increase availability by allowing a single phone number to be used by staff on their PC, laptop, cell phone, tablet, and desk phone. City employees will be able to make and receive phone calls as though they are at the office, regardless of where they are (as long as they have data capabilities). DISCUSSION The committee is being asked to approve the 5 year contract with Allstream for Cloud PBX Services and to forward to the Special meeting of 01/27/2020 Consent Agenda. FINANCIAL IMPACT The agreement is for 5 years at $2,999.60 per month, not to exceed $180,000, and features a 6 month out clause which states if we are dissatisfied for any reason, we can terminate the contract. The funds are budgeted under the TIS Communications budget 000.12.518.880.42.00 Our primary objective during the initial 6 months is to determine the quality of phone calls to ensure service is not degraded when used remotely. RECOMMENDATION The committee is being asked to consider the Allstream contract forward to the Special Meeting Consent Agenda on 1/27/2020. ATTACHMENTS Contract 39 m DocuSign Envelope ID: 986lB742-ADOF-4300-AFOC-60EBD4735A7B all s tream. Service Quote Kent, WA (P) (F) Pete Aquino Pete aauino(a�allstream.com Prepared Date: 11/27/2019 Quote Good for 30 days from the prepared date Quote Prepared for: Joseph Todd Customer Name CITY OF TUKWILA Street Address/Suite 6200 SOUTHCENTER BLVD City/State/Zip TUKWILA, WA 98188 Customer Name CITY OF TUKWILA Street Address/Suite 6200 Southcenter Blvd City/State/Zip Tukwila, WA 98188 Product Description Service Term - 60 months Total Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Customer Name CITY OF TUKWILA - 6200 SOUTHCENTER Street Address/Suite 6200 Southcenter Blvd City/State/Zip Tukwila, WA 98188 Product Description Service Term - 60 months $ 0.00 Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Total Activation Activation Charge Charges $ 0.00 Total Activation Activation Charge Charges DOCUmentlD: 15748871081360.881 www.allstream.com Page 1 of 42 41 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Main Site UC Cloud Voice Universal OTT Package - UCCV 4.2 UC Cloud Voice SIP Sessions Caller ID Number Only Auto -Attendant UC Voicemail & Call Dir Box Basic Voice Seat UC Desktop Pro Seat Phone - Customer Provided Option POE Switch - Customer Provided Option DIDs - Native International Calling - Blocked - Default Outbound LID ValuePlan 10000 (overage .025/min) International Long Distance Plan - Global Directory Listing White Page Total Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type 1 $0.00 $0.00 $0.00 $0.00 1 $ 95.00 $ 30.00 $ 65.00 $ 250.00 $ 250.00 46 $ 12.00 $ 9.00 $ 138.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 53 $ 4.95 $ 3.00 $ 103.35 $ 0.00 $ 0.00 23 $ 8.95 $ 5.00 $ 90.85 $ 0.00 $ 0.00 51 $ 18.95 $ 9.00 $ 507.45 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 244 $0.15 $0.15 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 90.00 $ 90.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 Customer Name CITY OF TUKWILA - 6300 Street Address/Suite 6300 SOUTHCENTER BLVD City/State/Zip TUKWILA, WA 98188 Product Description Service Term - 60 months $ 909.60 Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges $ 250.00 Total Activation Activation Charge Charges DocumentlD: 15748871081360.881 www.alistream.com 42 Page 2 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type 1 $0.00 $0.00 $0.00 $0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 139 $0.15 $0.15 $0.00 $0.00 $0.00 119 $ 18.95 $ 9.00 $ 1,184.05 $ 0.00 $ 0.00 20 $ 8.95 $ 5.00 $ 79.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $0.00 Customer Name CITY OF TUKWILA - 14000 INTERURBAN Street Address/Suite 14000 Interurban Ave S City/State/Zip Tukwila, WA 98168 Product Description Service Term - 60 months $ 1,269.95 Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges $ 0.00 Total Activation Activation Charge Charges D ocu mentl D: 15748871081360.881 www.alIstream.com Page 3 of 42 43 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 12 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 UC Desktop Pro Seat 7 $ 18.95 $ 9.00 $ 69.65 $ 0.00 $ 0.00 Basic Voice Seat 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 Phone - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LID ValuePlan on 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 96.30 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type Customer Name CITY OF TUKWILA - FIRE DEPT #52 Street Address/Suite 5900 S 147th St City/State/Zip Tukwila, WA 98188 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Total Activation Activation Charge Charges DOCUmentlD: 15748871081360.881 www.alistream.com Page 4 of 42 44 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 5 $0.15 $0.15 $0.00 $0.00 $0.00 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - COMMUNITY CENTER Street Address/Suite 12424 42nd Ave S City/State/Zip Tukwila, WA 98168 Product Description Service Term - 60 months $ 26.65 $ 0.00 Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Total Activation Activation Charge Charges DocumentlD: 15748871081360.881 www.alistream.com Page 5 of 42 45 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 33 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 UC Desktop Pro Seat 19 $ 18.95 $ 9.00 $ 189.05 $ 0.00 $ 0.00 Basic Voice Seat 14 $ 8.95 $ 5.00 $ 55.30 $ 0.00 $ 0.00 Phone - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LID ValuePlan on 1 $0.00 $0.00 $0.00 $0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 251.25 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type Customer Name CITY OF TUKWILA - FIRE DEPT #54 Street Address/Suite 4237 S 144th St City/State/Zip Tukwila, WA 98168 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly CITY Charge Discount Charges Total Activation Activation Charge Charges DocumentlD: 15748871081360.881 www.allstream.com Page 6 of 42 46 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 5 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 Basic Voice Seat 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 Phone - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LD ValuePlan on 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 26.65 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type Customer Name CITY OF TUKWILA - FIRE DEPT #53 Street Address/Suite 4202 S 115th St City/State/Zip Tukwila, WA 98168 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly CITY Charge Discount Charges Total Activation Activation Charge Charges IaZ.7d rime l�3�iGfL�:L iNI:TiB%3i I:Ti www.allstream.com Page 7 of 42 47 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 6 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 Basic Voice Seat 6 $ 8.95 $ 5.00 $ 23.70 $ 0.00 $ 0.00 Phone - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LD ValuePlan on 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 30.60 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type Customer Name CITY OF TUKWILA - FIRE DEPT #51 Street Address/Suite 444 Andover Park E City/State/Zip Tukwila, WA 98188 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Total Activation Activation Charge Charges DocumentlD: 15748871081360.881 www.alistream.com Page 8 of 42 48 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 26 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 UC Desktop Pro Seat 8 $ 18.95 $ 9.00 $ 79.60 $ 0.00 $ 0.00 Basic Voice Seat 18 $ 8.95 $ 5.00 $ 71.10 $ 0.00 $ 0.00 Phone - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LID ValuePlan on 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 157.60 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type Customer Name CITY OF TUKWILA - 600 MINKLER Street Address/Suite 600 Minkler Blvd City/State/Zip Tukwila, WA 98188 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Total Activation Activation Charge Charges DocumentlD: 15748871081360.881 www.alistream.com Page 9 of 42 49 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LD ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 14 $0.15 $0.15 $0.00 $0.00 $0.00 8 $ 18.95 $ 9.00 $ 79.60 $ 0.00 $ 0.00 6 $ 8.95 $ 5.00 $ 23.70 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - 13900 INTERURBAN Street Address/Suite 13900 Interurban Ave S City/State/Zip Tukwila, WA 98168 Product Description Service Term - 60 months $ 110.20 Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges $ 0.00 Total Activation Activation Charge Charges Docu me n tl D: 15748871081360.881 50 www.allstream.com Page 10 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 5 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 UC Desktop Pro Seat 4 $ 18.95 $ 9.00 $ 39.80 $ 0.00 $ 0.00 Basic Voice Seat 1 $ 8.95 $ 5.00 $ 3.95 $ 0.00 $ 0.00 Phone - Customer Provided 1 $0.00 $0.00 $0.00 $0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LID ValuePlan on 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 50.65 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type Customer Name CITY OF TUKWILA FOSTER GOLF Street Address/Suite 13500 Interurban Ave S City/State/Zip Seattle, WA 98168 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Total Activation Activation Charge Charges DocumentlD: 15748871081360.881 www.alistream.com Page 11 of 42 51 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LD ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 3 $0.15 $0.15 $0.00 $0.00 $0.00 1 $ 18.95 $ 9.00 $ 9.95 $ 0.00 $ 0.00 2 $ 8.95 $ 5.00 $ 7.90 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 24.75 $ 0.00 Customer Name CITY OF TUKWILA - NEIGHBORHOOD RESOURCE (POLICE) Street Address/Suite 14862 Tukwila International Blvd City/State/Zip TUKWILA, WA 98168 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly CITY Charge Discount Charges Activation Charge Total Activation Charges DocumentlD: 15748871081360.881 52 www.allstream.com Page 12 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 3 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 Basic Voice Seat 3 $ 8.95 $ 5.00 $ 11.85 $ 0.00 $ 0.00 Phone - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LD ValuePlan on 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 18.75 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type Customer Name CITY OF TUKWILA - POLICE SUBSTATION Street Address/Suite 717 Southcenter Mall City/State/Zip Tukwila, WA 98188 Product Description Service Term - 60 months Monthly Estimated Monthly Charge Monthly QTY Charge Discount Charges Total Activation Activation Charge Charges DOCUmentlD: 15748871081360.881 www.allstream.com Page 13 of 42 53 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 5 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 Basic Voice Seat 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 Phone - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option POE Switch - Customer 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Provided Option International Calling - Blocked 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 - Default Outbound LID ValuePlan on 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Another Product/Account International Long Distance 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Plan - Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 26.65 $ 0.00 Directory Primary Listing Company Name Address City, State, Zip Telephone Number to List Type DocumentlD: 15748871081360.881 www.alistream.com Page 14 of 42 54 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Summary of Charges Estimated Monthly Total Activation Location Charges Charges CITY OF TUKWILA 6200 Southcenter Blvd Tukwila, WA 98188 $ 0.00 $ 0.00 CITY OF TUKWILA - 6200 SOUTHCENTER 6200 Southcenter Blvd Tukwila, WA $ 909.60 $ 250.00 98188 CITY OF TUKWILA - 6300 6300 SOUTHCENTER BLVD TUKWILA, WA 98188 $ 1,269.95 $ 0.00 CITY OF TUKWILA - 14000 INTERURBAN 14000 Interurban Ave S Tukwila, WA $ 96.30 $ 0.00 98168 CITY OF TUKWILA - FIRE DEPT #52 5900 S 147th St Tukwila, WA 98188 $ 26.65 $ 0.00 CITY OF TUKWILA - COMMUNITY CENTER 12424 42nd Ave S Tukwila, WA $ 251.25 $ 0.00 98168 CITY OF TUKWILA - FIRE DEPT #54 4237 S 144th St Tukwila, WA 98168 $ 26.65 $ 0.00 CITY OF TUKWILA - FIRE DEPT #53 4202 S 115th St Tukwila, WA 98168 $ 30.60 $ 0.00 CITY OF TUKWILA - FIRE DEPT #51 444 Andover Park E Tukwila, WA 98188 $ 157.60 $ 0.00 CITY OF TUKWILA - 600 MINKLER 600 Minkler Blvd Tukwila, WA 98188 $ 110.20 $ 0.00 CITY OF TUKWILA - 13900 INTERURBAN 13900 Interurban Ave S Tukwila, WA $ 50.65 $ 0.00 98168 CITY OF TUKWILA FOSTER GOLF 13500 Interurban Ave S Seattle, WA 98168 $ 24.75 $ 0.00 CITY OF TUKWILA - NEIGHBORHOOD RESOURCE (POLICE) 14862 Tukwila $ 18.75 $ 0.00 International Blvd TUKWILA, WA 98168 CITY OF TUKWILA - POLICE SUBSTATION 717 Southcenter Mall Tukwila, WA $ 26.65 $ 0.00 98188 Grand Total: $ 2,999.60 $ 250.00 Prepared Date: 11/27/2019 Quote Good for 30 days from the prepared date Quote Prepared for: Joseph Todd DocumentlD: 15748871081360.881 www.allstream.com Page 15 of 42 55 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B i allstream. Service Order Kent, WA (P) (F) Pete Aquino eR te.aginolgDallstream.com Customer Name ("Customer") CITY OF TUKWILA Street Address/Suite 6200 SOUTHCENTER BLVD City/State/Zip TUKWILA, WA 98188 Customer Name CITY OF TUKWILA Street Address/Suite 6200 Southcenter Blvd City/State/Zip Tukwila, WA 98188 Product Description Initial Service Term - 60 months Total Monthly Total Total Monthly Charge Monthly Activation QTY Charge Discount Charges Activation Charge Charges Customer Name CITY OF TUKWILA - 6200 SOUTHCENTER Street Address/Suite 6200 Southcenter Blvd City/State/Zip Tukwila, WA 98188 $ 0.00 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation Product Description QTY Charge Discount Charges Activation Charge Charges Initial Service Term - 60 months DocumentlD: 15748871081360.881 www.alistream.com Page 16 of 42 56 DocuSign Envelope ID: 986lB742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Main Site UC Cloud Voice Universal OTT Package - UCCV 4.2 UC Cloud Voice SIP Sessions Caller ID Number Only Auto -Attendant UC Voicemail & Call Dir Box Basic Voice Seat UC Desktop Pro Seat Phone - Customer Provided Option POE Switch - Customer Provided Option DIDs - Native International Calling - Blocked - Default Outbound LID ValuePlan 10000 (overage .025/min) International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 95.00 $ 30.00 $ 65.00 $ 250.00 $ 250.00 46 $ 12.00 $ 9.00 $ 138.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 53 $ 4.95 $ 3.00 $ 103.35 $ 0.00 $ 0.00 23 $ 8.95 $ 5.00 $ 90.85 $ 0.00 $ 0.00 51 $ 18.95 $ 9.00 $ 507.45 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 244 $0.15 $0.15 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 90.00 $ 90.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - 6300 Street Address/Suite 6300 SOUTHCENTER BLVD City/State/Zip TUKWILA, WA 98188 Product Description Initial Service Term - 60 months $ 909.60 $ 250.00 Monthly Total Total Monthly Charge Monthly Activation QTY Charge Discount Chargesi Activation Charge Charges DocumentlD: 15748871081360.881 www.alistream.com Page 17 of 42 57 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 139 $0.15 $0.15 $0.00 $0.00 $0.00 119 $ 18.95 $ 9.00 $ 1,184.05 $ 0.00 $ 0.00 20 $ 8.95 $ 5.00 $ 79.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - 14000 INTERURBAN Street Address/Suite 14000 Interurban Ave S City/State/Zip Tukwila, WA 98168 $ 1,269.95 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation Product Description QTY Charge Discount Charges Activation Charge Charges Initial Service Term - 60 months DocumentlD: 15748871081360.881 www.allstream.com Page 18 of 42 58 DocuSign Envelope ID: 9861B742-ADOF-4300-AFDC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 12 $0.15 $0.15 $0.00 $0.00 $0.00 7 $ 18.95 $ 9.00 $ 69.65 $ 0.00 $ 0.00 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - FIRE DEPT #52 Street Address/Suite 5900 S 147th St City/State/Zip Tukwila, WA 98188 Product Description Initial Service Term - 60 months $ 96.30 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation QTY Charge Discount Chargesl Activation Charge Charges Docu mend D: 15748871081360.881 www.allstream.com Page 19 of 42 59 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LD ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 5 $0.15 $0.15 $0.00 $0.00 $0.00 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - COMMUNITY CENTER Street Address/Suite 12424 42nd Ave S City/State/Zip Tukwila, WA 98168 $ 26.65 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation Product Description QTY Charge Discount Charges Activation Charge Charges Initial Service Term - 60 months DocumentlD: 15748871081360.881 60 www.allstream.com Page 20 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $0.00 $0.00 $0.00 $0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 33 $0.15 $0.15 $0.00 $0.00 $0.00 19 $ 18.95 $ 9.00 $ 189.05 $ 0.00 $ 0.00 14 $ 8.95 $ 5.00 $ 55.30 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - FIRE DEPT #54 Street Address/Suite 4237 S 144th St City/State/Zip Tukwila, WA 98168 Product Description Initial Service Term - 60 months j Document) D: 15748871081360.881 $ 251.25 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation QTY Charge Discount Charges Activation Charge Charges www.allstream.com Page 21 of 42 61 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 5 $0.15 $0.15 $0.00 $0.00 $0.00 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - FIRE DEPT #53 Street Address/Suite 4202 S 115th St City/State/Zip Tukwila, WA 98168 $ 26.65 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation Product Description QTY Charge Discount Charges Activation Charge Charges Initial Service Term - 60 months DocumentlD: 15748871081360.881 www.allstream.com Page 22 of 42 62 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 6 $0.15 $0.15 $0.00 $0.00 $0.00 6 $ 8.95 $ 5.00 $ 23.70 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - FIRE DEPT #51 Street Address/Suite 444 Andover Park E City/State/Zip Tukwila, WA 98188 Product Description Initial Service Term - 60 months $ 30.60 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation QTY Charge Discount Charges Activation Charge Charges DOCLI mentl D: 15748871081360.881 www.alistream.com Page 23 of 42 63 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LD ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $0.00 $0.00 $0.00 $0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 26 $0.15 $0.15 $0.00 $0.00 $0.00 8 $ 18.95 $ 9.00 $ 79.60 $ 0.00 $ 0.00 18 $8.95 $5.00 $71.10 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 Customer Name CITY OF TUKWILA - 600 MINKLER Street Address/Suite 600 Minkler Blvd City/State/Zip Tukwila, WA 98188 $ 157.60 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation Product Description QTY Charge Discount Charges Activation Charge Charges Initial Service Term - 60 months 64 DocumentlD: 15748871081360.881 www.allstream.com Page 24 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LD ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 14 $0.15 $0.15 $0.00 $0.00 $0.00 8 $ 18.95 $ 9.00 $ 79.60 $ 0.00 $ 0.00 6 $ 8.95 $ 5.00 $ 23.70 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - 13900 INTERURBAN Street Address/Suite 13900 Interurban Ave S City/State/Zip Tukwila, WA 98168 Product Description Initial Service Term - 60 months $ 110.20 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation QTY Charge Discount Charges Activation Charge Charges DocumentlD: 15748871081360.881 www.allstream.com Page 25 of 42 65 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 UC Cloud Voice - Remote Site Auto -Attendant 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 UC Voicemail & Call Dir Box 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 DIDs - Native 5 $ 0.15 $ 0.15 $ 0.00 $ 0.00 $ 0.00 UC Desktop Pro Seat 4 $ 18.95 $ 9.00 $ 39.80 $ 0.00 $ 0.00 Basic Voice Seat 1 $ 8.95 $ 5.00 $ 3.95 $ 0.00 $ 0.00 Phone - Customer Provided Option 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 POE Switch - Customer Provided 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Option International Calling - Blocked - 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Default Outbound LID ValuePlan on Another 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Product/Account International Long Distance Plan - 1 $0.00 $0.00 $0.00 $0.00 Global Directory Listing White Page 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total Customer Name CITY OF TUKWILA FOSTER GOLF Street Address/Suite 13500 Interurban Ave S City/State/Zip Seattle, WA 98168 $ 50.65 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation Product Description QTY Charge Discount Charges Activation Charge Charges Initial Service Term - 60 months 66 DocumentlD: 15748871081360.881 www.allstream.com Page 26 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native UC Desktop Pro Seat Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 3 $0.15 $0.15 $0.00 $0.00 $0.00 1 $ 18.95 $ 9.00 $ 9.95 $ 0.00 $ 0.00 2 $8.95 $5.00 $7.90 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 24.75 Customer Name CITY OF TUKWILA - NEIGHBORHOOD RESOURCE (POLICE) Street Address/Suite 14862 Tukwila International Blvd City/State/Zip TUKWILA, WA 98168 Product Description Initial Service Term - 60 months $ 0.00 Monthly Total Total Monthly Charge Monthly Activation QTY Charge Discount Charges Activation Charge Charges Docu mentl D: 15748871081360.881 www.alistream.com Page 27 of 42 67 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LID ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 3 $0.15 $0.15 $0.00 $0.00 $0.00 3 $ 8.95 $ 5.00 $ 11.85 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Customer Name CITY OF TUKWILA - POLICE SUBSTATION Street Address/Suite 717 Southcenter Mall City/State/Zip Tukwila, WA 98188 $ 18.75 $ 0.00 Monthly Total Total Monthly Charge Monthly Activation Product Description QTY Charge Discount Charges Activation Charge Charges Initial Service Term - 60 months DocumentlD: 15748871081360.881 68 www.alIstream.com Page 28 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Access Service Customer Provided Access UC Cloud Voice - Remote Site Auto -Attendant UC Voicemail & Call Dir Box DIDs - Native Basic Voice Seat Phone - Customer Provided Option POE Switch - Customer Provided Option International Calling - Blocked - Default Outbound LD ValuePlan on Another Product/Account International Long Distance Plan - Global Directory Listing White Page Total 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 12.95 $ 8.00 $ 4.95 $ 0.00 $ 0.00 1 $ 4.95 $ 3.00 $ 1.95 $ 0.00 $ 0.00 5 $0.15 $0.15 $0.00 $0.00 $0.00 5 $ 8.95 $ 5.00 $ 19.75 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 1 $0.00 $0.00 $0.00 $0.00 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 26.65 $ 0.00 Summary of Charges Total Monthly Total Activation Location Charges Charges CITY OF TUKWILA 6200 Southcenter Blvd Tukwila, WA 98188 $ 0.00 $ 0.00 CITY OF TUKWILA - 6200 SOUTHCENTER 6200 Southcenter Blvd Tukwila, WA $ 909.60 $ 250.00 98188 CITY OF TUKWILA - 6300 6300 SOUTHCENTER BLVD TUKWILA, WA 98188 $ 1,269.95 $ 0.00 CITY OF TUKWILA - 14000 INTERURBAN 14000 Interurban Ave S Tukwila, WA $ 96.30 $ 0.00 98168 CITY OF TUKWILA - FIRE DEPT #52 5900 S 147th St Tukwila, WA 98188 $ 26.65 $ 0.00 CITY OF TUKWILA - COMMUNITY CENTER 12424 42nd Ave S Tukwila, WA $ 251.25 $ 0.00 98168 CITY OF TUKWILA - FIRE DEPT #54 4237 S 144th St Tukwila, WA 98168 $ 26.65 $ 0.00 CITY OF TUKWILA - FIRE DEPT #53 4202 S 115th St Tukwila, WA 98168 $ 30.60 $ 0.00 CITY OF TUKWILA - FIRE DEPT #51 444 Andover Park E Tukwila, WA 98188 $ 157.60 $ 0.00 CITY OF TUKWILA - 600 MINKLER 600 Minkler Blvd Tukwila, WA 98188 $ 110.20 $ 0.00 CITY OF TUKWILA - 13900 INTERURBAN 13900 Interurban Ave S Tukwila, WA $ 50.65 $ 0.00 98168 CITY OF TUKWILA FOSTER GOLF 13500 Interurban Ave S Seattle, WA 98168 $ 24.75 $ 0.00 CITY OF TUKWILA - NEIGHBORHOOD RESOURCE (POLICE) 14862 Tukwila $ 18.75 $ 0.00 International Blvd TUKWILA, WA 98168 CITY OF TUKWILA - POLICE SUBSTATION 717 Southcenter Mall Tukwila, WA $ 26.65 $ 0.00 98188 Grand Total: $ 2,999.60 $ 250.00 Document) D: 15748871081360.881 www.alistream.com Page 29 of 42 69 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B The Customer acknowledges that Customer is ordering the Service(s) described below from Allstream Business Inc. (for services in Canada) and Allstream Business US, LLC. (for services in the United States) and their subsidiaries (collectively "Allstream"). This Service Order shall be governed by and subject to the applicable Master Service Agreement between Customer and Allstream . If the Customer has not executed a Master Service Agreement or no Master Service Agreement is referenced in this Service Order then this Service Order shall be governed by the terms and conditions of Allstream's standard Master Service Agreement as posted on www.allstream.com. The Services described herein will also be subject to any additional terms and conditions below and/or incorporated herein by reference. The Term of this Service Order will commence on the Service Activation Date for each new Service and will continue for the Term specified below or until this Service Order has been renewed. The Term for renewal Services will commence on the Customer signature date below and will continue for the Term specified or until further renewed. Unless otherwise defined in this Service Order capitalized terms shall have the meaning as defined in the Master Services Agreement. Allstream will provide a summary bill format unless contacted by the Customer to revert to a detailed invoice option. See Product Exhibits (found on Company's website: https:Hallstream.com/IeQal-policies/terms-conditions) UC Cloud Voice Service Schedule By choosing "International Calling — Blocked" as your international long distance calling program, you are advised that Allstream's long distance network will block most, but not all, international calls made over your network. Allstream cannot block or prevent calls to Canada, Puerto Rico, the U.S. Virgin Islands, Caribbean nations, and any other countries with dialing plans similar to the United States and North America. DESPITE ANY BLOCKING OR OTHER MEASURES TAKEN BY ALLSTREAM, IT IS STILL CUSTOMER'S OBLIGATION TO TAKE ALL MEASURES NECESSARY TO ENSURE AGAINST THE OCCURRENCE OF TOLL FRAUD, AND CUSTOMER HEREBY AGREES TO BE RESPONSIBLE FOR PAYMENT OF ANY CHARGES INCURRED DUE TO TOLL FRAUD. You can find more information about Allstream's Toll Fraud Policy at: https://support.alistream.com/knowledge-base/toll-fraud-policy/ 1 ' Total Monthly Charges do not include the following, which will be reflected on the invoice as applicable: federal, state, and local taxes and fees, universal service fees, and Company -specific charges such as Network Access Assessment (NAA), for which the current NAA rate is 12.45% and may be subject to change with 30 days' prior written notice. Monthly long distance charges are estimated based on Customer's estimated usage. For more information about taxes, surcharges, and fees please visit: www.allstream.com. Customer Acceptance Joseph Todd Print Name Authorized Signature Date Responsible Party email: joseph.todd@tukwilawa.gov This email contact will be the primary recipient of future secure information Allstream Acceptance UOPFC87709C24F5 DoauSigned by:James Robak �LS96(� 11/27/2019 1:01 PM PSl ... Print Name Signature Date DocumentlD: 15748871081360.881 www.alistream.com Page 30 of 42 70 DocuSign Envelope ID: 986lB742-ADOF-4300-AFOC-60EBD4735A7B 1 aIl s cream. Directory Listing And Billing Address Confirmation Form Kent, WA (P) pete.aauino anallstream.com Please complete the listing section of this form exactly as you would like it to appear in directory services for your area. The information that you provide will be used to submit a request for inclusion of your printed listing in the white pages of the telephone directory service in your area as well as directory assistance services such as 411 and (XXX) 555-1212. Please provide complete information for all listings -use additional sheets if necessary. AE: Pete Aquino _ Account#: 834155 Customer Name: CITY OF TUKWILA Billing Address: 6200 SOUTHCENTER BLVD City, State, Zip: TUKWILA, WA 98188 Additional Company Name CITY OF TUKWILA - 6200 SOUTHCENTER Telephone Number to List (206) 431-3670 Address 6200 Southcenter Blvd City, State, Zip Tukwila, WA 98188 Listing Type: Complimentary Listing Directory: Additional Company Name CITY OF TUKWILA - 6300 Telephone Number to List (206) 244-1236 Address 6300 SOUTHCENTER BLVD _ City, State, Zip TUKWILA, WA 98188 Listing Type: Complimentary Listing Directory: Additional Listing Company Name CITY OF TUKWILA -14000 INTERURBAN Telephone Number to List (206) 431-0166 Address 14000 Interurban Ave S City, State, Zip Tukwila, WA 98168 Listing Type: Complimentary Listing Directory: DOCUmentlD: 15748871081360.881 www.allstream.com Page 31 of 42 71 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Company Name CITY OF TUKWILA - FIRE DEPT #52 Telephone Number to List _206) 242-4666 Address 5900 S 147th St City, State, Zip Tukwila, WA 98188 Listing Type: Complimentary Listing Directory: Mi H lid r•7.fL ■ ki n.TO Company Name CITY OF TUKWILA - COMMUNITY CENTER Telephone Number to List (206) 768-2822 Address 12424 42nd Ave S City, State, Zip Tukwila, WA 98168 _ Listing Type: Complimentary Listing Directory: Company Name CITY OF TUKWILA - FIRE DEPT #54 Telephone Number to List (206) 248-2045 Address 4237 S 144th St City, State, Zip Tukwila, WA 98168 Listing Type: Complimentary Listing Directory: Company Name CITY OF TUKWILA - FIRE DEPT #53 Telephone Number to List (206) 762-9019 Address 4202 S 115th St City, State, Zip Tukwila, WA 98168 Listing Type: _Complimentary Listing Directory: Company Name CITY OF TUKWILA - FIRE DEPT #51 Telephone Number to List (206) 575-4404 Address 444 Andover Park E City, State, Zip Tukwila, WA 98188 Listing Type: Complimentary Listing Directory: Company Name Telephone Number to List Address City, State, Zip Listing Type: Directory: CITY OF TUKWILA - 600 MINKLER (206) 433-1801 600 Minkler Blvd Tukwila, WA 98188 Complimentary Listing DocumentlD: 15748871081360.881 www.alistream.com 72 Page 32 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B Company Name CITY OF TUKWILA - 13900 INTERURBAN Telephone Number to List (206) 433-1801 Address 13900 Interurban Ave S City, State, Zip Tukwila, WA 98168 Listing Type: Complimentary Listing Directory: EWWiiGtiblonk9iliro Company Name CITY OF TUKWILA FOSTER GOLF Telephone Number to List (206) 242-4221 Address 13500 Interurban Ave S City, State, Zip Seattle, WA 98168 Listing Type: Complimentary Listing Directory. - Additional Company Name CITY OF TUKWILA - NEIGHBORHOOD RESOURCE (POLICE) Telephone Number to List Address 14862 Tukwila International Blvd City, State, Zip TUKWILA, WA 98168 _ Listing Type: Complimentary Listing Directory: Company Name CITY OF TUKWILA - POLICE SUBSTATION Telephone Number to List (206) 402-5226 Address 717 Southcenter Mall City, State, Zip Tukwila, WA 98188 Listing Type: Complimentary Listing Directory: _ Customer represents and warrants the above information is true and correct and understands that its name, address and phone number, as set forth above, will be delivered to the appropriate directory publishers and directory assistance data bases. Customer will advise Allstream ("Company") immediately of any changes in the above information. Customer assumes full responsibility concerning the right to use any name as a directory listing and agrees to hold Company free and harmless of and from any claims, loss, damage, or liability that may result from the use of such listing. Company will take all reasonable steps to ensure that the above information appears in the next directory to be published, however, Company does not warrant that the listing will be error -free. Company's liability for errors or omissions in Customer directory listings shall be limited to the charge for that listing, if any, during the effective life of the directory containing the error or omission. This Service Agreement including the most recent Master Service Agreement executed by Customer and Company, together with any schedules or attachments (including all applicable Product Exhibits) are incorporated by reference herein, and constitute a binding commitment between the Company and Customer, effective upon execution of this Service Agreement, and supersede all prior written or verbal agreements or understandings. Each Party represents and warrants to the other Party that the execution, delivery and performance of this Service Agreement by such Party has been duly authorized by all requisite corporate action, that the signatory hereto for such Party is authorized to sign this Service Agreement. Early termination fees may apply as set forth of the Master Service Agreement. Customer Acceptance Joseph Todd Pnat I , I: ,i , Allstream Acceptance 000usigned by: James Robak _ IOElFC87709C24F5 ... D_,:: Dat 11/27/2019 1 1:01 PM PST DocumentlD: 15748871081360.881 www.allstream.com Page 33 of 42 73 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B allstream... 911 EMERGENCY SERVICE ADVISORY FOR ALLSTREAM BUSINESS US, LLC. INTERCONNECTED VoIP SERVICES AND VoIP-ENABLED SOLUTIONS The Federal Communications Commission ("FCC") requires Voice over Internet Protocol ("VoIP") providers inform their customers of the potential limitations of 911 service when access is attempted over a VoIP connection compared with traditional 911 service over the public switched telephone network. The FCC also requires VoIP providers to obtain and keep a record of affirmative acknowledgement by every customer using VoIP services confirming that the customer has received and understood this ADVISORY. Failure of the Customer to sign and return this acknowledgement to Allstream Business US, Inc., including its wholly -owned subsidiaries ("Company") may result in delay of service installation or suspension of service until the signed acknowledgement is received by the Company. WARNING: VoIP SERVICES, WHICH CAN INCLUDE HVS, SIP, DIDs, MARKET EXPANSION DIDs, AND OTHER VOIP-ENABLED SOLUTIONS, MAY NOT ALLOW YOU TO DIAL 911 AND REACH E911 SERVICES IN CERTAIN SITUATIONS; DEATH OR SERIOUS INJURY MAY OCCUR IF CUSTOMER DOES NOT HAVE AN ALTERNATIVE MEANS OF REACHING E911. Note: This VoIP 911 Service Advisory Disclaimer and Customer Acknowledgement shall be incorporated with Customer's Services Agreement, including Company's Master Service Agreement. Customer acknowledges the following regarding potential limitations of 911 Access through VoIP service: RELOCATION OF END -USER'S IP-COMPATIBLE CPE: If Customer uses and moves mobile, nomadic, non -fixed telephones and/or IP-compatible Customer Premise Equipment ("CPE") to a new location, the E911 emergency response address associated with the CPE telephone numbers may be incorrect. For 911 dialing to work properly, the E911 emergency response or service address within the E911 database must correspond to the physical location of the calling party. Customer may also need to reset or reconfigure network equipment to restore 911 service. SERVICE OUTAGE AND/OR BROADBAND CONNECTION FAILURE: 911 service may not be available during a service outage or broadband connection failure, including situations beyond Company's reasonable control and ability to predict, such as fiber cuts, weather/storm outages, or equipment malfunctions. LOSS OF ELECTRICAL POWER: In the event of an electrical power failure or disruption, 911 service may not be available to the VoIP Customer until power is restored. Customer may also need to reset or reconfigure network equipment to restore 911service. CUSTOMER'S INCORRECT LOCATION REGISTRATION OR FAILURE TO UPDATE ITS EMERGENCY RESPONSE SERVICE LOCATION OR ADDRESS INFORMATION WITHIN THE 911/E911 DATABASE: If Customer, or its third party PS/ALI provider, fails to maintain and update, or provides incorrect emergency response location information for station -side phone numbers, DIDs, or market expansion DIDs within the E911 database, 911 calls may fail. E911 PROVISIONING INTERVALS: Following service activation and/or subsequent location registrations activated by Customer, there may be a delay in the updating the E911 database and 911 service will not be available. WARNING STICKERS AND/OR LABELS: Customer will receive, prior to service turn up, warning stickers or labels explaining that E911 service may not be available from a VoIP connected headset or phone/station and shall place such stickers or labels on or near headsets or phone stations or other CPE connected to the VoIP service. Customer has read, understands, and agrees to the foregoing: Printed Name: Joseph Todd Title: CIO Date: Signature: "As defined in the Master Services Agreement 74 DocumentlD: 15748871081360.881 www.allstream.com Page 34 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B allsiream, MASTER SERVICE AGREEMENT / TERMS OF SERVICE This Master Service Agreement/Terms of Service ("MSA") is effective as of November 27th, 2019 ("Effective Date") by and between Allstream Business Inc. (for services in Canada) and Allstream Business US, LLC (for services in the United States) and their subsidiaries (collectively, "Allstream") and (CITY OF TUKWILA) ("Customer") for the provision of communications services (" Service" or "Services") as purchased by Customer from time to time by way of a service schedule, service agreement, pricing appendix, purchase order, or other Allstream approved methods of purchasing products or services (collectively, "Service Order"). Allstream and Customer may be referred to as a "Party" and collectively as the "Parties". ARTICLE 1 -GENERAL 1.1 "Terms of Service" means the provisions set out in Articles 1 through 10 in this MSA. Allstream may amend this MSA, without notice, by posting a revised MSA on www.allstream.com. Customer's continued access to and use of the Services after the amendment has been posted constitutes Customer's acceptance of the revisions of this MSA and Customer expressly agrees that (a) Customer will be deemed to have accepted the revisions, with no additional written agreement or express acknowledgement required; and (b) Customer will continue to be responsible for all MRC and Charges (as defined in Articles 2 and 3). 1.2 MSA Term. This MSA will remain valid and binding until the expiration or termination of all of the Services provisioned by Allstream on or after the Effective Date. This MSA and all Service Orders shall collectively be referred to as the "Agreement". 1.3 Order of Precedence. In the event of an express conflict between the terms of this MSA and the terms of any Service Order, precedence will be given in the following order: (a) the Service Order, but solely with respect to the Services covered by that Service Order; (b) this MSA. 1.4 Credit and Deposit. If requested by Allstream, Customer shall complete a credit application. Allstream may from time to time conduct a review of Customer's credit rating and payment history. Allstream may require Customer to pay a deposit before acceptance of this MSA or a Service Order. Additionally, for any existing Services, Allstream may require (i) Customer to pay a deposit or (ii) an increase in the existing deposit, upon the failure of Customer to submit payment of any amount by the due date as a condition to the continued provision of such existing Services. Allstream shall refund any amount of deposit paid pursuant to this Section, less any amount for payments that Customer still owes to Allstream, when Allstream determines in good faith, based on Customer's credit rating and payment history, that such deposit is no longer necessary to ensure payment, but in no event later than after the termination of all Services and termination of this Agreement. 1.5 U.S. Services. Additional terms and conditions are applicable to Services provided in the United States. Customer's use of any Services provided in the United States constitutes Customer's acceptance of the Policies and Info for Services in the U.S.A. posted at www.allstream.com. 1.6 Third Party Services. Allstream reserves the right to subcontract the provision of all or part of the Services to a third party ("Supplier"). ARTICLE 2 - SERVICE ORDERS 2.1 Orders for Services. Customer acknowledges and agrees that Customer is solely responsible for the accuracy of all Service Orders and other information that it provides to Allstream. Each Service Order shall incorporate by reference, and shall be subject to, the terms and conditions of this Agreement and shall clearly set forth the term, pricing, service type and location(s), monthly recurring charges ("MRC"), non -recurring charge ("NRC"), and any additional specific terms for the Services. Any purchase order submitted by the Customer to Allstream shall be used only for invoice processing and order purposes. All Service Orders shall be subject to availability and acceptance by Allstream. A Service Order will be deemed to have been accepted by Allstream once the Service has been delivered to the Customer 2.2 Service Order Term. The term of each Service Order will commence on the service activation date for each new Service (" Service Activation Date") and will continue for the period of time specified in that Service Order or until the Service Order has been renewed. If upon expiry of the initial term the Service Order has not been renewed, the Service Term will automatically renew for one (1) year periods (collectively, the "Service Term") until the Services are terminated by either Party upon at least sixty (60) days written notice prior to the end of the Service Term. Customer shall continue to be responsible for payment to Allstream for the Services to be terminated through the end of the sixty (60) day notice period. Following the initial Service Term stated in any Service Order, Allstream reserves the right to increase rates for any Services provided thereunder upon at least thirty (30) days' notice. DOCUmentlD: 15748871081360.881 www.alistream.com Page 35 of 42 75 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B 2.3 Service Termination. Unless otherwise specified in the relevant Service Order, if the Customer terminates a Service Order or Service without cause, or if Allstream terminates a Service Order or Service with cause after the Service Activation Date but prior to the expiry of the Service Term, the Customer shall pay Allstream an amount equal to the MRC for the terminated Service(s) for the balance of the Service Term, plus any additional Charges incurred by Allstream including activation, installation costs, special construction costs and all other costs and fees. Customer acknowledges that the actual damages likely to result from an early termination are difficult to estimate on the Effective Date. Notwithstanding the foregoing, if the Customer cancels a Service or Service Order before the Service Activation Date, the Customer will pay a cancellation fee equal to the aggregate of one month of MRC, any installation costs, special construction costs and any other costs incurred by Allstream, whether previously waived or not, and any third party charges incurred by Allstream with respect to such cancelled Services. ARTICLE 3 - BILLING AND PAYMENT 3.1 Charges and Billing. The Customer shall pay all MRC in advance and all other Charges monthly in arrears. All Charges shall be payable thirty (30) days from the invoice date ("Due Date"), and shall be exclusive of any applicable taxes. "Charges" means the fees, rates and charges for the Services, as set out in the applicable Service Order or as otherwise invoiced by Allstream pursuant to the Agreement. Unless otherwise agreed to by the Parties in writing, Charges for each Service Order shall begin to accrue upon the date the Service is provisioned by Allstream. Charges for the Services are subject to change at any time if third party charges in connection with a Service are increased or newly charged to Allstream. Such third Party charges may include, but are not limited to, Charges for Services, changes, connections, disconnections or terminations of a Service or any component of a Service, including individual circuits, lines or features. 3.2 Late Payments. If the Customer is late in making any payment, the Customer shall pay a fee on any late payments at the higher of one and one-half percent (1.5%) per month or the maximum rate allowed by applicable law. If the Customer is late in making any payment, or if the Customer's bank returns any payment, Allstream may use a collection agency or attorney to collect any amount owed by Customer. Customer agrees to pay all reasonable costs of collection or other action. The remedies set forth in this Article 3.2 are in addition to and not in limitation of any other rights and remedies available to Allstream under the Agreement, at law or in equity. 3.3 Taxes and Other Fees. All Charges for the Services are exclusive of any taxes and other fees and surcharges. Customer shall be responsible for payment of all applicable taxes that arise in any jurisdiction, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, and bypass ("Taxes"). 3.4 Surcharges and assessments. Surcharges and assessments which are not required by regulatory agencies, but which Allstream is permitted to charge to recover expenses, may be applied and adjusted from time to time. All such Charges will be set forth on a detailed invoice. 3.5 Invoice Disputes. To the extent that Customer disputes any portion of an invoice in good faith, Customer shall notify Allstream in writing and provide detailed documentation supporting its dispute within ninety (90) days of the invoice date or the Customer's right to any billing adjustment shall be waived. In the event of a billing dispute, Customer shall timely pay all undisputed amounts. If the dispute is resolved against Customer, Customer shall pay such amounts due plus interest from the original Due Date. Customer may not offset disputed amounts from one invoice against payments due on the same or another account. ARTICLE 4 - USE OF FACILITIES 4.1 Facilities. 4.1.1 Allstream: (a) is the owner of all right, title and interest in all Facilities supplied, built or otherwise provided by Allstream, whether or not the Customer has paid any costs towards the purchase and supply of such Facilities; or (b) has obtained the right to make the Facilities available for use by the Customer from a third party. The Customer shall have no rights in the Facilities and shall not create or permit any liens or encumbrances on the Allstream Facilities. "Facilities" means any network facilities, fibre, conduit, equipment, hardware or software provided in connection with Allstream's delivery of the Services or the Customer's use of the Services. 4.1.2 The Customer shall not make any change or repair to Facilities, connect any Customer -provided facilities or equipment to the Facilities, or allow access to the Facilities without Allstream's prior written consent. Similarly, the Customer shall be responsible for the security of and any loss or damage to the Facilities located on the Customer's premises. 4.1.3 Allstream may access and make any routine or unscheduled maintenance, inspections, tests, repairs and adjustments ("Maintenance Activities") it deems reasonably necessary upon reasonable notice of any such Maintenance Activities that may impact Service, except in cases of emergency (in which case, Allstream will notify the Customer as soon as reasonably possible thereafter). Allstream shall not be liable for any resulting Service problem in the event that the Customer does not provide such timely access. Customer will bear the costs of any additional apparatus reasonably required to be installed because of the use of Allstream's Facilities. 4.1.4 Allstream will maintain Allstream's Facilities at no additional charge to Customer, except where work or service calls result from failure or malfunction in, or improper operation of, Customer's facilities and/or equipment. In such event, Customer will reimburse Allstream for the cost of the required maintenance at Allstream's standard time and material rate plus any taxes imposed upon Company related to such maintenance, and Customer shall be responsible for the cost of repair or replacement of Allstream equipment that is damaged by Customer's actions or equipment. 76 DocumentlD: 15748871081360.881 www.allstream.com Page 36 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B 4.1.5 Allstream shall not be liable for any damage, loss or destruction to any Customer provided equipment or network, unless caused by the gross negligence or willful misconduct of Allstream. 4.1.6 Upon the expiration or termination of this Agreement, the Customer shall provide Allstream with access to the Customer -provided facilities to enable the removal of Allstream's Facilities. ARTICLE 5 - DEFAULT: SUSPENSION OF SERVICE 5.1 Customer Default. Customer is in default of the Agreement if Customer (a) fails to cure any monetary breach within ten (10) days of receiving notice of the breach from Allstream; (b) fails to cure any non -monetary breach of any terms of the agreement within thirty (30) days of receiving notice of the breach from Allstream (c) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law; or (d) uses the Services, or permits the Services to be used for any illegal purpose (each such event shall be a "Customer Default"). In the event of a Customer Default, Allstream may suspend Services to Customer until Customer remedies the Customer Default, or Allstream may terminate the Agreement and/or any or all of the Services being provided hereunder. Allstream may at its sole option, but without any obligation, cure a non -monetary breach at Customer's expense at any point and invoice Customer for the same. These remedies are in addition to and not a substitute for all other remedies contained in the Agreement or available to Allstream at law or in equity. 5.2 Allstream Default. Allstream is in default of the Agreement if Allstream fails to cure any non -monetary breach of any material term of the Agreement within thirty (30) days of receiving written notice of the breach from Customer ("Allstream Default"); provided, however, that Customer expressly acknowledges that Service related failure or degradation in performance is not subject to a claim of a Allstream Default. Customer's sole and exclusive remedy for any failure of Service is limited to any service level agreement set forth in the applicable service schedule. In the event of an Allstream Default that has not been cured in accordance with this Article 5.2, Customer may terminate the Services and the Agreement upon written notice to Allstream. Any termination shall not relieve Customer of its obligations to pay all charges incurred under the Agreement prior to such termination. ARTICLE 6 - LIMITATION OF LIABILITY 6.1 General Limitations. To the extent allowed by law, Allstream and its Suppliers shall enjoy any statutory protections granted to utility providers (as applicable), and shall not be liable for injury to or death of any person or for damage to or loss of any property arising out of or attributable to their operations and performance under this Agreement. The total liability of Allstream or its Suppliers for any and all causes and claims, whether based in contract, warranty, negligence or otherwise, and including but not limited to the performance of the Services, shall be limited to the lesser of (i) the actual direct damages sustained by Customer; or (ii) an amount equivalent to the total monthly recurring charges ("MRC") received by Allstream from Customer over the preceding three (3) months for the Service affected. Excluding payments due under any Service Order that have not been paid, no cause of action under any theory which accrued more than one (1) year prior to the filing of a complaint alleging such cause of action may be asserted by either Party against the other Party or its Suppliers. 6.2 Special Damages. EXCEPT FOR CLAIMS ARISING FROM A PARTY'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER, ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, INCURRED OR SUFFERED BY EITHER PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY, ITS SUPPLIERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, NEITHER ALLSTREAM NOR ITS SUPPLIERS MAKE ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OF THE SERVICE, LOCAL ACCESS OR ANY OTHER MATTER, AND ANY SUCH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. 6.3 No Liability for Certain Actions. Neither Allstream nor its Suppliers are responsible for the content of any information transmitted or received through the Services, or for Customer or Customer's end users' reliance on or use of the Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operations, transmission, or failure of performance of the Service Other than as expressly stated in a service schedule, Customer shall be solely responsible for all of the security and confidentiality of information it transmits using a Service. Customer shall be solely responsible for all Customer support, pricing and service plans, billing and collections with respect to its end users, including obtaining all necessary legal or regulatory approvals to provide or terminate the provision of the services to its end users. Allstream and its Suppliers exercise no control over, and accept no responsibility for, the content of the information passing through the network, or Customer equipment, and use of any such Service is at Customer's own risk. ARTICLE 7 - INDEMNIFICATION DocumentlD: 15748871081360.881 WWW.alistream.com Page 37 of 42 77 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B 7.1 Indemnification. Each Party shall indemnify, defend and hold harmless ("Indemnifying Party") the other Party, its directors, officers, employees, agents, Suppliers, successors and assigns ("Indemnified Party"), from all damages, costs, expenses and liabilities, including reasonable attorney's fees and disbursements, sustained in any action commenced by any third party in connection with the Indemnifying Party's performance of, or failure to perform, its obligations and duties under this Agreement except for those damages, costs, expenses and liabilities arising from the gross negligence or willful misconduct of the Indemnified Party; provided, however, that Allstream and its Suppliers are not obligated to indemnify Customer, and Customer shall defend and indemnify Allstream and its Suppliers hereunder, for any claims by any third party, including end user customers, arising from services provided by Customer that incorporate any of the Services. 7.2 Indemnification Procedures. The Indemnified Party shall promptly notify the Indemnifying Party in writing of any such suit or claim, and shall take such action as may be necessary to avoid default or other adverse consequences in connection with such claim. The Indemnifying Party shall have the right to select counsel and to control the defense and settlement of such claim; provided, however, that the Indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in handling the claim, and provided further, that the Indemnifying Party shall not take any action in defense or settlement of the claim that would negatively impact the Indemnified Party. The Indemnified Party shall provide cooperation and participation of its personnel as required for the defense at the cost and expense of the Indemnifying Party. ARTICLE 8 - CONFIDENTIALITY "Confidential Information" "Confidential Information" means all information, including the Agreement, regarding the telecommunications needs of Customer and the Services that Allstream offers under the Agreement which is disclosed by one Party ("Disclosing Party") to the other Party ("Receiving Party"), to the extent that such information is marked or identified as confidential or proprietary. Notwithstanding the foregoing, all written or oral pricing and contract proposals exchanged between the Parties shall be deemed Confidential Information, whether or not so designated. Confidential Information is the property of the Disclosing Party and shall be returned to the Disclosing Party upon request. Information that (i) is independently developed by the Receiving Party, (ii) is lawfully received by the Receiving Party free of any obligation to keep it confidential, or (iii) becomes generally available to the public other than by breach of this Agreement, shall not be considered Confidential Information. A Receiving Party, including its officers, directors, employees, partners, affiliates, agents and representatives, shall hold all Confidential Information in confidence from the time of disclosure until three (3) years following its disclosure. During that period, the Receiving Party: (a) shall use such Confidential Information only for the purposes of performing its obligations under this Agreement; (b) shall reproduce such Confidential Information only to the extent necessary for such purposes; (c) shall restrict disclosure of such Confidential Information to employees that have a need to know for such purposes; (d) shall not disclose Confidential Information to any third party without prior written approval of the Disclosing Party except as expressly provided in this Agreement or as required by law; and (e) shall use at least the same degree of care (in no event less than reasonable care) as it uses with regard to its own proprietary or confidential information to prevent the disclosure, unauthorized use or publication of Confidential Information. In the event that the Receiving Party is required to disclose Confidential Information of the Disclosing Party pursuant to law, the Receiving Party will notify the Disclosing Party of the required disclosure with sufficient time for the Disclosing Party to seek relief, will cooperate with the Disclosing Party in taking appropriate protective measures, and will make such disclosure in a fashion that maximizes protection of the Confidential Information from further disclosure. Notwithstanding anything in this Article 8 to the contrary, the fact that Customer is a customer of Allstream shall not be deemed Confidential Information and Allstream may disclose the same without liability therefor. Please read our privacy policy at allstream.com which details how we collect, use, protect or otherwise handle customer information, including personal information. ARTICLE 9 - FORCE MAJEURE Except for payment obligations, neither Party shall be liable for any failure of performance hereunder due to causes beyond its reasonable control including, but not limited to, acts of third parties not under the direction or actual control of the Party delayed or unable to perform, acts of God, fire, explosion, vandalism, cable cut, flood, storm, or other similar catastrophe, any law, order, regulation, direction, action or request of the government, or any department, agency, commission, court, or bureau of a government, or any civil or military authority, national emergency, insurrection, riot, war, strike, lockout, or work stoppage (each, a " Force Majeure Event"). The Party claiming relief under this Article 9 shall notify the other Party of the occurrence or existence of the Force Majeure Event and of the termination of such event. ARTICLE 10 - MISCELLANEOUS PROVISIONS 10.1 Subject to Laws. This Agreement is subject to all applicable federal, state, provincial and local laws, and regulations, rulings and orders of governmental agencies, Allstream's applicable tariffs, if any, and the obtaining and continuance of any required approval or authorization of any governmental body. Either Party may terminate its obligations under the Agreement without liability if ordered to do so by the final order or ruling of a court or other governmental agency or if such order or ruling would make it impossible for either Party to carry out its obligations under this Agreement. 10.2 Governing Law. Where Services are provisioned within Canada, the Agreement shall be governed by the laws of the province of Ontario, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this Agreement. Where Services are provisioned within the United States of America, the Agreement shall be governed by the laws of the State of Oregon, without giving effect to any conflict of law principle that would result in the laws of any other jurisdiction governing this Agreement. DOCUmentlD: 15748871081360.881 www.alIstream.com Page 38 of 42 78 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B 10.3 Venue. Where Services are provisioned within Canada, any action or proceeding arising out of the Agreement shall be litigated exclusively in courts in the Province of Ontario. Where Services are provisioned within the United States of America, any action of proceeding arising out of the Agreement shall be litigated exclusively in courts in the State of Oregon. 10.4 Attorney's Fees. In the event that suit is brought or an attorney is retained by either Party to enforce the terms of this Agreement or to collect any money as due hereunder or to collect any money damages for breach hereof, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party's reasonable attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection with the suit, claim, litigation, appeal or the collection of the award, or the enforcement of any order. 10.5 Relationship of Parties. This Agreement does not create a partnership, joint venture or agency relationship between Allstream or its Suppliers and Customer. Neither Party shall have any authority to bind the other Party to any agreement, understanding or other instrument, in any manner whatsoever. 10.6 Assignment; Binding Effect. Customer shall not transfer or assign, voluntarily or by operation of law, its obligations under the Agreement without the prior written consent of Allstream. The Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Each of the undersigned hereby state that he/she has full authority to enter into the Agreement and hereby accepts the Agreement on behalf of the companies identified below. 10.7 Entire Agreement. This Agreement constitutes the entire understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between the Parties with respect to the subject matter of this Agreement. No alteration or variation of the terms of any provision shall be valid unless made in writing and signed by a duly authorized representative of Allstream and the Customer. 10.8 Severability. In the event that any one or more of the provisions of the Agreement shall for any reason be held to be invalid or unenforceable, the enforceability of the remaining provisions of the Agreement shall be unimpaired. 10.9 Wavier. Waiver by either Party of any default by the other Party, or of any provision in this MSA, shall not be deemed a continuing waiver of such default or a waiver of any other default, or any other provision in this MSA. No course of dealing between the Parties and no failure to exercise any right hereunder shall be construed as a waiver of any provision hereof. 10.10 Counterparts/Facsimile Signatures. This MSA may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This MSA and any Service Orders may be executed via a recognized electronic signature service (e.g., Docusign) or may be delivered by facsimile transmission, or may be signed, scanned and emailed to Allstream, and any such signatures shall be treated as original signatures for all applicable purposes. 10.11 Regulatory Requirement. If the Federal Communications Commission (the "FCC"), the Canadian Radio -television and Telecommunications Commission ("CRTC"), any other regulatory body, or a court of competent jurisdiction, issues a rule, regulation, law or order which has the effect of increasing the cost to provide the Services or cancelling, changing, or superseding any material term or provision of this Agreement (collectively "Regulatory Requirement"), then this Agreement shall be deemed modified in such a way as is necessary to comply with such Regulatory Requirement. 10.12 Notices and Information. Customer consents to receiving electronic information in relation to its account. Any notices to Allstream may be sent by e-mail to CANCustomerService@allstream.com or USCustomerService@allstream.com. ALLSTREAM Docusigned by: CITY OF TUKWILA UOPFC87709C24F5... ayquS ��Signature: Signature: Name: James Robak Name: Joseph Todd Title: Title: CIO Date: 11/27/2019 1 1:01 PM PST Date: DocumentlD: 15748871081360,881 www.allstream.com Page 39 of 42 79 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B allstream; ADDENDUM to SERVICE AGREEMENT and MASTER SERVICE AGREEMENT Customer Provided Power over Ethernet Switch(es) This Addendum to the Service Agreement and the Master Service Agreement (this "Addendum") is executed as of the 2Ztti day of November, 2019 (the "Effective Date"), by and between Allstream or Allstream Business Inc. and/or Allstream Business US, LLC. through its subsidiaries ("Allstream"), and CITY OF TUKWILA("Customer"), to supplement the Service Agreement dated November 27, 2019 (the "Service Agreement"), and the Master Service Agreement into which it is incorporated and made a part thereof (the "MSA") (both the MSA and Service Agreement are collectively referred herein as the "Agreement"). For the purposes of this Addendum, Company or Customer may be individually referred to as a "Party" and collectively as "Parties." Capitalized terms not defined herein shall have the meaning as defined in the Service Agreement and the MSA. WHEREAS, the Parties have entered into the Service Agreement for the provision of certain Services described therein, including Uniform Communications (" UC") Cloud Voice services; WHEREAS, the implementation of such UC Cloud Voice services requires the successful set up of Power over Ethernet switch(es) ("PoE Switch") for the IF phones; WHEREAS, the Customer now desires to provide its own PoE Switch in connection with the UC Cloud Voice services; WHEREAS, Company agrees to modify the Agreement to permit Customer such right to provide its own PoE Switch, subject to certain conditions and requirements set forth in this Addendum; NOW THEREFORE, notwithstanding anything that may be to the contrary in the Agreement: 1 UC Cloud Voice Service PoE Switch. The Parties agree that Customer may provide its own PoE Switch, subject to the following requirements and conditions: 1.1 Customer is responsible for the initial set up of PoE Switch, and any necessary troubleshooting thereafter; 1.2 In the event Company detects that the POE Switch may be adversely impacting the network services, the router, or UC Cloud Voice service, the Parties will mutually work together to confirm the problem arises from the PoE Switch, at which time Customer shall be, and shall remain, responsible for resolving such problem; 1.3 Power requirements of Customer provided PoE Switch: 1.3.1 PoE Switch port must provide 802.3af or 802.3at for each IP phone: 1.3.2 Up to 15.4 watts/port; 1.3.3 Total wattage provided by the PoE Switch must be sufficient for all IF phone ports. 1.4 PoE Switch Configuration Requirements to be completed by Customer: 1.4.1 Global: 1.4.2 During installation and troubleshooting, Customer must provide a dedicated IT resource for local or remote console access to the PoE Switch; 1.4.3 DSCP 46 markings from the IP phones must be mapped to CoS 5; 1.4.4 DSCP 24 markings from the IP phones must be mapped to CoS 4; 1.4.5 CoS 5 must be set to the expedite QoS queue. 1.4.6 VLAN 2 1.4.7 VLAN 2 must not advertise DHCP; 1.4.8 Permitted VLAN list must allow VLAN 2 only; 1.4.9 Customer will timely confirm and verify testing of VLAN 2 for Vol deployment prior to system cutover. 1.4.10 Uplink: 1.4.11 The uplink to Company provided equipment must be configured as a trunk port; 1.4.12 RJ-45 electrical hand-off is required; 1.4.13 The uplink must be set to speed auto and duplex auto. 1.4.14 Phone Port(s): 1.4.15 The voice and voice -signaling VLAN (or manufacturer equivalent) must be set to VLAN 2; 1.4.16 CDP or LLDP must be enabled for the IF phone ports; 1.4.17 IP phone ports connected directly to IP phones need to be configured as "edge" ports ('spanning -tree portfast' in Cisco IOS or'spanning-tree edgeport' in AdTran ADS) 1.5 If a non -Company provided device must be removed as a result of troubleshooting results, Customer shall be responsible for removing the non -Company provided device. 1.6 Company will provide Customer a 7ft. Cat 5 cord from the IF phone to the wall jack. Customer is responsible for providing Cat 5 patch cords from patch panel to PoE Switch, as well as any required custom -length cords. 80 DocumentlD: 15748871081360.881 www.allstream.com Page 40 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B 1.7 Company will not provide support for Customer provided PoE Switch. To the extent Customer requires support in connection with the PoE Switch, Customer is responsible for obtaining any needed support or assistance in connection with the PoE Switch, including communications with the PoE Switch manufacturer, systems integrator, or other third party. 1.8 Customer shall be solely responsible for all costs and expenses in connection with the Customer provided PoE Switch. 2 No Other Changes. All provisions of the Agreement will remain in full force and effect except as otherwise modified by this Addendum. IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by their duly authorized representatives. Allstream DoeuSigned by: 1By:t By. 1 FCB7709C24F5... Name: James Robak Name: Joseph Todd Title: Title: CIO Date: 11/27/2019 1 1:01 PM PST Date: DocumentlD: 15748871081360.881 www.allstream.com Page 41 of 42 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B s allstream.. INCENTIVE CREDIT ADDENDUM to SERVICE AGREEMENT and MASTER SERVICE AGREEMENT Kent, WA (P) (F) pete.aquino(@allstream.com THIS INCENTIVE CREDIT ADDENDUM TO SERVICE AGREEMENT AND MASTER SERVICE AGREEMENT(this "Addendum") is made and entered into as of the 27th day of November, 2019 (the "Effective Date"), by and between the Customer and Allstream Business Inc. and/or Allstream Business US, LLC. through its subsidiaries ("Allstream") and CITY OF TUKWILA ("Customer"), to supplement the Service Agreement dated November 27, 2019 (the "Service Agreement"), and the Master Service Agreement (the "MSA") into which it is incorporated. Each of Company and Customer may be referred to as a "Party," and collectively as "Parties", and any capitalized terms used in this Addendum, unless otherwise specified, shall have the same meaning as set forth in the Service Agreement or the MSA. WHEREAS, Company agrees to provide Customer with a one-time credit equal to one (1) months' MRC (the "Credit") as an incentive to enter into the Service Agreement for Services; and WHEREAS, the Parties agree to supplement the Service Agreement and the MSA to grant Customer such credit; NOW, THEREFORE, notwithstanding anything to the contrary stated in the Service Agreement or the MSA, the Service Agreement and MSA are supplemented as follows: 1. The Credit hereby is granted to Customer subject to the conditions of Section 2 below, and shall be equally applied to Customer's account on the second (2nd) month of the Service Term. The Credit applies only the invoiced MRC charges, and the Credit does not apply to charges for taxes and other charges and fees that relate to the full amount of the invoiced MRC. As a result, those taxes, charges and fees will be charged to Customer's invoice and must be paid monthly in full. 2. Should the Services or the Service Agreement terminate prior to the end of its term (except as permitted without early termination charges under the Service Agreement or the MSA), Customer shall be liable to repay the Credit that has been applied in addition to any early termination charges that apply and shall not be eligible for any further unpaid portion of the Credit. 3. All provisions of the Service Agreement and the MSA will remain in full force and effect except as supplemented by this Addendum. IN WITNESS WHEREOF, the parties have executed this Addendum as of the Effective date. CITY OF TUKWILA Joseph Todd Print Name ALLSTREAM 3ames Robak Print Name Authorized Signature Signature CDocuSigned by: w_s roWk 0E1FC87709C24F5... Date 11/27/2019 1 1:01 PM PST Date DocumentlD: 15748871081360.881 www.allstream.com 82 Page 42 of 42 DocuSign Envelope ID: 986lB742-ADOF-4300-AFOC-60EBD4735A7B C%11 s tream ADDENDUM to Service Order This is an Addendum to the Service Agreement between Allstream Business Inc. and/or Allstream Business US, LLC. through its subsidiaries ('Allstream"), and City of Tukwila ("Customer") to supplement the Service Order for Unified Communications Cloud Voice Services dated 11/27/2019, (the"Service Order"). Capitalized terms not defined herein shall have the meaning as defined in the Service Order and the MSA. WHEREAS, the Parties have entered into a Service Order for the provision of Services as described in the Service Order, together with the MSA that sets out the terms and conditions for the delivery of service described in the Services Order, and; WHEREAS, the Parties seek to supplement the terms of Service Order and the MSA to address the unique needs of Customer and the unique circumstances of service as more specifically set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in the Service Order and the MSA, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby mutually agree as follows: 1. Notwithstanding anything contained in the MSA or Service Order, the Customer may terminate the Service within the first thirty (30) days after the Customer signature of the Service Order without incurring any early termination fees. The Customer must inform Allstream of their wish to terminate in righting within thirty (30) days of the Customer signature of the Service Order. 2. The terms of this Addendum will only become valid and effective when signed by Customer and accepted by Allstream as evidenced below. Allstream DocuSigned by: Dmt,S PDA Signature: nF1FC077nQf-WCS James Itobak Name: Title: City of Tukwila Signature: _ Name: Title: 11/27/2019 1 1:01 PM PST Date: Date: Addendum to Service Order for City of Tukwila (Nov. 27 2019) Page 1 DocuSign Envelope ID: 986lB742-ADOF-4300-AFOC-60EBD4735A7B i allstream, ADDENDUM TO THE SERVICE ORDER SATISFACTION GUARANTEE This is an Addendum to the Service Order between Allstream Business Inc. and/or Allstream Business US, LLC. through its subsidiaries ("Allstream"), and the City Of Tukwila ("Customer") to supplement the Service Order for UC Services dated 11/19/2019 . Capitalized terms not defined herein shall have the meaning as defined in the Service Order and the MSA. WHEREAS, the Parties have entered into a Service Order for the provision of UC Services as described in the Service Order, together with the Agreement that sets out the terms and conditions for the delivery of service described in the Service Order, and; WHEREAS, the Parties seek to supplement the terms of the UC Service Order to address the unique needs of Customer and the unique circumstances of service as more specifically set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in the Service Order and the Agreemnt, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby mutually agree as follows: 1. Beginning from the Installation of Services through the first six (6) months of the Service Term, Customer shall notify Allstream in writing if the Customer experiences a recurring issue with the quality of the Service. 2. Allstream will be given sixty (60) days after its receipt of the notice to cure the specific issue, and if Allstream cannot cure the issue to the Customer's reasonable satisfaction, the Customer can terminate the affected Services with thirty (30) days' written notice. Upon such termination, and in lieu of any early termination fees ("ETF's") as set forth in the Agreement, the Customer shall pay a one-time termination fee equal to one month's MRC for the terminated Services in addition to any unpaid charges for the Service received. 3. Except as specifically set forth in this Addendum, the terms and conditions of Service Order and the Agreement shall remain unmodified and in full force and effect. Allstream DocuSigned by: cuMt,S �b�A�c Signature: P_ 7ameS Robak Name: Title: 11/27/2019 1 1:01 PM PST Date: Addendum to Service Order for City Of Tukwila Nov, 2019 City Of Tukwila Signature: Name: Title: Date: DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B al/stream,. UC Cloud Voice — Scope of Work For City of Tukwila Main Site Address 6200 Southcenter Blvd City, State, Zip Tukwila I Washington 98188 Customer Contact On -site Eric Compton Contact Telephone 206-433-7150 Cell Email eric.compton@tukwilawa.�ov AE Pete Aquino UCSS I David Dial ITS SE Matt Walsh Network SE Joel Furgeson Solution Overview SOW Summary City of Tukwila is an existing Allstream voice customer. City of Tukwila currently has 13 locations that we'll be migrating from their existing voice services to Allstream's UCCV OTT platform. Within those 13 locations (listed below) Allstream will be installing: 1) 6200 Southcenter Blvd, Tukwila, WA 98188 (Main Site) —1) UCCV OTT Core Package, 1) Auto Attendant, 53) UC Voicemail & Call Dir Box, 46) SIP Sessions, 244) DID's, 23) Basic Voice Seats, 51) UC Desktop Pro Seats. 2) 6300 Southcenter Blvd, Tukwila, WA 98188 (Remote Site) —1) Auto Attendant, 139) DID's, 20) Basic Voice Seats, 119) UC Desktop Pro Seats. 3) 14000 Interurban Ave S, Tukwila, WA 98168 (Remote Site) —1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 12) DID's, 5) Basic Voice Seats, 7) UC Desktop Pro Seats. 4) 5900 S 147th St, Tukwila, WA 98188 — (Remote Site) —1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 5) DID's, 5) Basic Voice Seats. 5) 12424 42"d Ave S, Tukwila, WA 98168 — (Remote Site) -1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 33) DID's, 14) Basic Voice Seats, 19) UC Desktop Pro Seats. 6) 4237 S 144`h St Tukwila, WA 98168 — (Remote Site) -1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 5) DID's, 5) Basic Voice Seats. 7) 4202 S 115`h St, Tukwila, WA 98188 — (Remote Site) - 1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 6) DID's, 6) Basic Voice Seats. 8) 444 Andover Park E, Tukwila, WA 98188 — (Remote Site) -1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 26) DID's, 18) Basic Voice Seats, 8) UC Desktop Pro Seats. 9) 600 Minkler Blvd, Tukwila, WA 98188 — (Remote Site) - 1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 14) DID's, 6) Basic Voice Seats, 8) UC Desktop Pro Seats. 10) 13900 Interurban Ave S, Tukwila, WA 98168 — (Remote Site) -1) Auto Attendant 1) UC Voicemail & Call Dir Box, 5) DID's, 1) Basic Voice Seats, 4) UC Desktop Pro Seats. 11) 13500 Interurban Ave S, Tukwila, WA 98168 — (Remote Site) -1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 3) DID's, 2) Basic Voice Seats, 1) UC Desktop Pro Seats. 12) 717 Southcenter Mall, Tukwila, WA 98122 — (Remote Site) -1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 5) DID's, 5) Basic Voice Seats 13) 14862 Tukwila International Blvd, Tukwila, WA 98122 — (Remote Site) - 1) Auto Attendant, 1) UC Voicemail & Call Dir Box, 3) DID's, 3) Basic Voice Seats Customer requirements are straightforward. Customer main goal/criteria are as follows: - Upgrade to a solution that is continuing to be improved. - Ability to administer and make basic moves adds and changes. - Ability to adapt the phone system to changing needs without being required to engage support team. Solution Overview SOW Summary — Cont'd on Page 2 Page 1 of 4 DocuSign Envelope ID: 986lB742-ADOF-4300-AFOC-60EBD4735A7B Straightforward installation. Regarding bandwidth, since this is an Over the Top (OTT) deployment, City of Tukwila will utilize the bandwidth they have from their existing ISP(s). In addition, the City of Tukwila will also provide their own Mitel IP Phones and their own PoE Switches to which they will be responsible for maintaining. Should any assistance be required of Allstream for either the customer provided IP Phones or PoE switches the City of Tukwila will be assessed charges for the assistance. The City of Tukwila will also be responsible for any taxes and/or government fees. Will need to train on all the user on how to use phones, and train on the mobile client for Pro Seat Users. Will also need to train on how to do basic administration. Customer Contact Eric Compton (206) 433-7150 eric.compton@tukwilawo.gov Page 2 of 4 DocuSign Envelope ID: 9861B742-ADOF-4300-AFOC-60EBD4735A7B allstream, Note Important Solutions or Programming Requirements: APP #1 1 Name/Description Type Here External Devices External Paging? No External Bell? No Other? Explain Additional Notes..... Analog Device Connections Yes/No Description (Elevator and Alarm lines they must be dedicated Business lines) ATA is for use with analog/single voice line only, ATA is NOT to be used for Fax — dedicated BBL's are required for fax machines. What are they used for? Contact Center Applications No (Yes/No) (Additional Contact Center SOW Required) Additional Professional Services No (Yes/No) Can include additional user training, after hours installation, out of normal service area installation, or other Pro Services. PS#1 Name Description? PS#2 Name Description? PS#3 Name Description? Other Items to Note Type Here Customer Name Customer Signature Date Page 3 of 4 DocuSign Envelope ID: 986lB742-ADOF-4300-AFOC-60EBD4735A7B ri allstream. Partial Terms and Conditions See Unified Communications Cloud Voice Service Exhibit to Master Service Agreement for full details Cabling: Allstream will reuse existing cabling and wiring infrastructure, Customer must ensure all cabling is labeled correctly at both ends. Any cabling not suitable for transmission must be replaced at Customer's expense prior to installation of services. Change Work: Additional or change work required during installation shall be subject to the same terms and conditions of the initial agreement and shall incur an additional cost as detailed on a "Contract Change Order" which must be signed by an authorized representative of your organization prior to the additional work being undertaken. Hours of Installation: Installation shall be performed primarily during normal business hours, M-F 8AM to 513M. Night or weekend work as required is charged at overtime rates and shall be noted in this agreement. User Training: Premium and Enterprise packages provide up to 3 hours on site for sites with 15 seats or greater and are located within our normal metro serving area. Universal - OTT Package includes 1-hour remote web training for sites with 15 seats or greater. Admin Portal Training: Is done via web for up to 1 hour. All packages come with user guides and interactive user guides. Open free web classes are also provided on an ongoing basis for all customers to attend. Additional private Pro Services training can be purchased separately. PC Clients and Mobile Clients: For applications requiring client software to be installed on customer provided PC's or mobile devices Allstream will provide installation guidance, but customer is responsible for installation. Customer Provided Equipment: Customer is responsible for installing and verifying compatibility of customer -provided headsets or other devices that may be used with the service. Using Over the Public Internet (Over the Top) Access: To the extent the customer uses public internet to provide access to any phone, mobile device or PC Softphone, Allstream gives no guarantees as to the voice quality or reliability of calls. Page 4 of 4 COUNCIL AGENDA SYNOPSIS Aleefin,q Date Prepared by Mayor's review Council review 01/13/20 JCW ' 01/27/20 JCW ITEM INFORMATION ITEM NO. 4.E. STAFF SPONSOR: JAY C WITTWER 1/13/2020 AGF,NDA ITLa1 Trri_E Ambulance Contract with Tukwila Fire Department and Tri-Med Inc. CATI-.GORY ® Discussion Mtg Date 01113120 ® Motion Mtg Date 01127120 ❑ Resolution A1tg Date ❑ Ordinance Alt g Date ❑ BtdAzvard Mtg Date ❑ Public Hearing Nltg Date ❑Other g Date Alt SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ®Fire ❑TS ❑P&R [:]Police ❑PIY/ ❑Court SPONSOR'S A Contract for service agreement made between the City of Tukwila Fire Department and SUI` NL\1zY Tri-Med Ambulance Inc. This is brought before council to review and a motion to approve is requested. RL-VIEWED BY ® C.O.V. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 01/13/2020 CONINUTTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Fire Department CO�I��tl'I'I'FF: COST IMPACT / FUND SOURCE EYPINDI"I'URI? REQLIIRI,:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/13/20 Forward to Special Meeting 01/27/20 MTG. DATE ATTACHMENTS 01/13/20 Informational Memorandum dated 01/06/20 Copy of Contract 01/27/20 No attachments :• Do re City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Jay C. Wittwer, Fire Chief BY: Jay C. Wittwer Fire Chief CC: Mayor Ekberg DATE: 01/06/2020 SUBJECT: Ambulance Contract ISSUE The City of Tukwila has not had a service contract with an ambulance transport vendor. The attached contract is an agreement between Tri-Med Ambulance and The City of Tukwila Fire Department. BACKGROUND For many years our community has been provided transport services from Tri-Med Ambulance. They provide a basic level of ambulance transport to those that require this service. Part of this service requires the Fire Department to review those services provided to ensure that this service is meeting the needs of the community. Other communities in the region receive a reimbursement for that internal review process provided by the fire service in those communities. The reimbursement is based on the amount of service provided by the contractor. DISCUSSION The City of Tukwila will now enter into this service agreement with Tri-Med Ambulance and will receive two thousand dollars ($2000.00) for the review efforts made by the fire department as listed above. The Tukwila City Attorney designed this contract and Tri-Med Ambulance has agreed to all the terms listed in the contract. RECOMMENDATION The City Council is asked to review this agreement. Approval is requested to forward this agreement during January 13, 2020 Council of the Whole meeting for final approval at the special meeting held on January 27, 2020. 91 92 Emergency and Basic Life Support Ambulance Services Agreement between the City of Tukwila and Tri-Med Ambulance, LLC This Agreement is made this day of ti lei". , 2019 ("Effective Date"), by and between the City of Tukwila, a Washington municipal corporation ("City"), and Tri-Med Ambulance, LLC, a limited liability corporation ("Contractor"). RECITALS 1. The City of Tukwila Fire Department is the first responder for all 9-1-1 calls and performs triage and interrogation of all patients that utilize the 9-1-1 system within the areas served by the City. 2. Advanced Life Support ("ALS") services within the City are provided by King County Medic 1. 3. The City of Tukwila Fire Department may_ participate in a community assistance referrals and education services program ("FDCARES") designed to serve the community by reducing the need for emergency services (Executive Summary of FDCARES Program attached as Exhibit D). 4. The Contractor recognizes the value of the FDCARES program, supports the FDCARES program and intends to work cooperatively with the City of Tukwila Fire Department to expand and develop the FDCARES program. 5. The City desires to enter into an Agreement with the Contractor to provide backup Basic Life Support ("BLS") transport services 24 hours per day, 365 days per year within the City's Service Area as defined in section 2.14 and Exhibit A. The BLS transport service shall be provided when requested by the City, with the understanding that a Tukwila Fire Department Aid Unit may provide for the primary means of patient transport. AGREEMENT 1. Term. The initial term of this Agreement shall be one (1) year from the effective date of January 1, 2020. The City, at its sole discretion, may renew this Agreement for two additional two-year terms, each upon terms and conditions satisfactory to the City. The renewal shall be completed upon execution of an addendum by all parties. 2. Definitions. For purposes of clarity and consistency, the following terms shall have the following meanings in this Agreement, unless the context clearly requires a different meaning. 2.1 "Ambulance Unit" means the vehicle and personnel provided by the Contractor responding to a request for BLS service. 2.2 "At Scene Time" means the point in time when the ambulance unit reports it is 93 physically stopped at the correct scene. In situations where the unit has been directed to respond to a location other than the scene, e.g., staging areas for hazardous materials/violent crime incidents, or non -secured scenes, "at scene time" shall be the point in time the ambulance unit reports it has arrived at the designated staging location. In instances when an ambulance unit fails to report when it has arrived "at scene," "at scene time" shall mean the point in time of the first communication or status transmission from the scene by that ambulance unit. 2.3 "City" means the City of Tukwila. 2.4 "Contract Administrator" shall mean the City's Fire Official. 2.5 "Contractor" means Tri-Med Ambulance, LLC or any approved successors and assigns of Tri-Med Ambulance, LLC. 2.6 "Emergency and Non -Emergency BLS Services" means basic life support services provided in support of the City, which are the subject of this Agreement. 2.7 "Fire Department" or "Department" means the Tukwila Fire Department. 2.8 "Fire Official" means the Fire Chief or the Fire Chief's designee. 2.9 "Incident Commander" means the City of Tukwila Fire Department person in charge of the emergency response at an incident. 2.10 "Performance Standards" are those standards as required in Section 5 of the Agreement. 2.11 "Region" means the geographical boundaries of King County, Washington. tD 2.12 "Request Received" means the point in time when the incident address is confirmed by the Contractor's dispatcher. 2.13 "Response Time" means the time interval from the time when the Contractor's dispatcher receives a request for service from the City of Tukwila Fire Department to the time an ambulance unit arrives at the scene of the incident. 2.14 "City Service Area" means the areas described and defined in Exhibit A. 2.15 "Unit Hours" means amount of time calculated in hours that a fully staffed and equipped apparatus is available for service. 2.16 "Hospital Control" means Disaster Medical Control and is the command center that monitors bed availability and manages placement of patients at area hospitals in the event of a large-scale disaster. 2 3. Business Licensing and Ch. 5.04 of the Tukwila Municipal Code. Ch. 5.04 TMC, as now enacted or hereafter amended, shall apply for the duration of this Agreement for services provided in City limits. The Contractor shall obtain and maintain a City business license and shall meet all conditions of Ch. 5.04 TMC throughout the duration of this Agreement. A true and correct copy of Ch. 5.04 TMC, as currently enacted, is attached as Exhibit B. 4. Volume of Business. The City of Tukwila Fire Department may act as the primary provider of BLS transports in the City Service Area and does not guarantee a volume of business. Actual volume will depend upon demand for services and the Contractor's performance. 5. Scope of Services - Performance Standards. 5.1 City Service Area of the Tukwila Fire Department. The Contractor shall provide backup BLS transport services for the City Service Area of the Tukwila Fire Department as defined in Exhibit A of this Agreement. 5.2 Patient Care Performance. 5.2.1 Standards. The Contractor shall continuously meet or exceed the patient care performance standards as provided by State law and the most current King County Patient Care Guidelines for Basic Life Support. Additionally, the Contractor shall have its own Medical Direction Program. In the event there are conflicts among these standards, the controlling standard shall be State law, then the King County Patient Care Guidelines, and then the Contractor's Medical Direction Program. 5.2.2 Transport Protocols. The Contractor shall adhere to City transport protocols for services performed under this Agreement. 5.2.2.1 The Contractor agrees that it is the responsibility of the City of Tukwila Fire Department to provide rapid initial BLS response and (at times) transport to all requests for medical assistance and advanced field life support to medical emergencies within the City Service Area. Except when authorized by the City of Tukwila Fire Department, the Contractor shall not provide rapid initial BLS response and transport or advance life support to medical emergencies within the response area. 5.2.2.2 When the Contractor arrives at an incident scene in response to a City of Tukwila Fire Department request, the Contractor's personnel shall report to the incident commander, or his/her designee, in charge of the emergency who shall, when appropriate, designate the mode of transportation and the hospital to be utilized. Patients in a life -threatening or potentially life - threatening condition shall be transported to area hospitals as directed by the City of Tukwila Fire Department. 95 5.2.2.3 The Contractor shall immediately request the services of the City of Tukwila Fire Department and, if appropriate, King County Medic 1, if the Contractor receives a citizen request for emergency medical assistance. In the event that a non -life -threatening emergency being handled by the Contractor becomes an emergency requiring the services of a BLS or ALS technician, the Contractor shall immediately request the services of the City of Tukwila Fire Department. 5.2.3 Liquidated Damages. In the event the Contractor fails to meet or exceed patient care performance standards and transport protocols, the Contractor shall pay the City liquidated damages as described in section S. 5.2.4 Patient Care Performance Standards Monitoring. The Contractor shall ensure its personnel complete documents related to responses and patient care, including, but not limited to, Pre -hospital Care Reports (PCRs), Against Medical Advice summary audits (AMAs), and ambulance response failure/unusual occurrence forms. Such documents shall be made available to the City upon request. The Contractor shall provide to the City of Tukwila Fire Department by the loth day of each calendar month a report summarizing its patient care performance during the preceding month. Monthly during the first three months of operation, and quarterly thereafter, the Contractor and the City shall meet to discuss matters of concern and to review adherence to patient care performance standards and transport protocols. The purpose of these meetings will be to maintain open and proactive communications, resolve problems, and to provide an arena to confer about patient care performance on the part of the Contractor or the City. Contractor must maintain a commitment to work with the City of Tukwila Fire Department and other King County Zone 3 departments to work towards the implementation in the use of ESO sofhvare for patient care reporting. This will be done in an effort to allow patient care reporting to remain consistent amongst all agencies and provide the best patient outcomes and feedback possible. Target date to implement ESO software is March 1, 2020. Any delay to this date will be communicated to the Tukwila Fire Department Administration as soon as practical. 5.3 Response Time Performance. 5.3.1 Standards. Every calendar month, the Contractor shall meet or exceed the following standards within the City Service Area for the City of Tukwila Fire Department as set forth in Exhibit A. Response times shall be measured in minutes and seconds, and shall be timed - stamped by the Contractor's computer- aided dispatch (CAD) system. •M 5.3.1.1 Emergency Incident Response Performance Standard. The Contractor shall respond to ninety percent (90%) of all City of Tukwila Fire Department requests within 17 minutes, 59 seconds in the "'code yellow" status. If requested "code red" from time of dispatch, the Contractor shall respond to ninety percent (90%) of all City of Tukwila Fire Department requests within 12 minutes, 59 seconds. 5.3.2 Liquidated Damages. In the event the Contractor's response time does not fall within the emergency incident response performance standard, and the City of Tukwila Fire Department does not grant an exemption to the delay or non -response, the Contractor shall pay to the City liquidated damages as described in section 8. 5.3.3 Performance Incentive. During a calendar month and in the event the Contractor meets or exceeds a ninety-five percent (95%) response rate in the City of Tukwila Fire Department Service Area, the City of Tukwila Fire Department shall waive liquidated damages described in section 8.1 and 8.2 for that month, provided that during that month the City of Tukwila Fire Department has not performed BLS transport of a City of Tukwila Fire Department request due to the Contractor exceeding the maximum response time, failing to respond, failing to properly staff or equip unit, failing to report on - scene, or for mechanical failure. 5.3.4 Exemption to Response Time Performance Standards. The Contractor may apply and the City of Tukwila Fire Department may Grant exemptions to response time performance standards in situations beyond the Contractor's control that cause unavoidable delays or no response. The City of Tukwila Fire Department shall examine each request for exemption and shall take into consideration the Contractor's staffing levels, dispatch times, in- service times, traffic, street blockages, severe weather, and other influencing factors. If the City of Tukwila Fire Department determines the circumstances warrant, the City of Tukwila Fire Department shall grant an exemption of the response from the performance standards. To be eligible for such an exemption, the Contractor shall apply for the exemption with supporting documentation no later than the month following the month of the occurrence. The following subsections describe situations wherein the City of Tukwila Fire Department may grant an exemption. 5.3.4.1 Multiple Unit Response. In the event two (2) or more units are simultaneously committed to one (1) incident, the first arriving unit shall be held to the response time standard. 97 City of Tukwila Fire Department shall grant an exemption for each unit starting with the second unit provided the additional units arrive at the scene within 20 minutes. 5.3.4.2 Concurrent Responses. In the event three (3) or more units are simultaneously committed to one (1) incident, and two (2) or more additional units are concurrently responding to at least two (2) other separate incidents, the City of Tukwila Fire Department shall grant an exemption for each unit starting with the third unit. 5.3.4.3 Declared Disaster. In the event an emergency is declared as defined by Ch. 43.06 RCW, the City of Tukwila Fire Department shall grant an exemption for all units during the declared emergency. 5.3.4.4 Canceled Request. In the event a request is canceled prior to or at the unit's arrival on scene for reasons other than exceeding the maximum response time standard, the City of Tukwila Fire Department shall grant an exemption. 5.3.4.5 Response Location Errors. In the event the City of Tukwila Fire Department provides an inaccurate address, or if the location does not exist, the City of Tukwila Fire Department shall grant a response time exemption, except if the incorrect response is the result of an error made by Contractor's personnel, in that event the City of Tukwila Fire Department shall not grant an exemption. 5.3.4.6 Response Location Change. In the event the City of Tukwila Fire Department changes the incident location and the change delays the unit's response time because the unit must reroute farther than one (1) city block to respond to the call, the City of Tukwila Fire Department shall grant an exemption. 5.3.4.7 Response Delayed by Accident. In the event the unit is involved in an accident and cannot continue to respond to the call, the City of Tukwila Fire Department will grant an exemption provided the accident is not the fault of the ambulance unit. 5.3.4.8 Response Requested to Area Outside City Service Area. In the event the City of Tukwila Fire Department requests the Contractor respond to an area outside of the City Service Area, the City of Tukwila Fire Department shall grant an exemption to the Emergency Response Performance Standard on the condition that the Contractor use diligence to respond to the scene within a reasonable time. 5.3.5 Response Time Performance Monitorinfz. The Contractor shall provide to the City of Tukwila Fire Department by the 10th day of each calendar month, a report detailing its response time performance for the City of Tukwila Fire Department Service Area, as designated in Exhibit A, during the preceding month and any applications for exemptions. The Contractor shall document each instance wherein a response resulted in a response time in excess of the response performance standard, and shall detail the reason for such delayed response time. The Contractor shall take all steps necessary to eliminate causes of poor response time performance and upon request shall provide the City of Tukwila Fire Department with a summary of such corrective actions. 5.4 Inquiries and Complaints. The Contractor shall provide prompt written responses and follow-up to inquiries and complaints. Such responses shall be subject to the limitations imposed by patient confidentiality restrictions. The Contractor shall provide to the City of Tukwila Fire Department by the 1 Oth day of each calendar month a list of all complaints received and their respective dispositions. Copies of such complaints will be made available to the City of Tukwila Fire Department upon request. Any complaint received by the City shall be forwarded to the Contractor for action, and the Contractor shall forward the disposition of the incident to the City of Tukwila Fire Department within twenty-one (21) days of receipt. 5.5 Dispatch and Communications. 5.5.1 Contractor's Dispatch/Communications Equipment and Personnel. The Contractor shall furnish, operate, maintain, and replace or upgrade its dispatch and communications equipment, radios, telephone equipment, computer aided dispatch system equipment, including hardware and software, and all other equipment and software necessary for its provision of emergency BLS services. 5.5.2 Computer -Aided Dispatching. The Contractor shall utilize a CAD system to record dispatch information for all requests for services. The Contractor's CAD system shall generate, either automatically or through manual entry, a dispatch record using generally accepted coding conventions and time - stamping rules. The City of Tukwila Fire Department may require dispatch information to be provided digitally for integration and review. The Contractor shall ensure that all dispatching and communications with its ambulance units is conducted in a manner that meets or exceeds all federal, state, and local requirements, including the City's policies and procedures. • • 5.5.3 Dispatch Communications. The Contractor shall record and maintain for a minimum of 365 days audio recordings of all radio and telephone communications with and between persons or agencies requesting ambulance service, its units, personnel, and the Valley Communications Center, including time track. Such recordings and records shall be made available to the City of Tukwila Fire Department upon request. 5.5.4 Emergence Alerting Devices. The Contractor shall equip each ambulance unit with installed radio communications equipment capable of notifying ambulance personnel of response needs. In addition, each ambulance unit shall contain at least one (1) portable two-way radio to provide the driver or attendant with alerting and two-way communications capabilities when away from the ambulance unit. 5.5.5 The Contractor shall not refuse to transport any person, when such person is determined by the City of Tukwila Fire Department Incident Commander to fall under the category of having a life -threatening, potentially life -threatening, or other medical emergency. Charges for services shall be made only to a patient actually transported by the Contractor. Under no circumstances shall the City have any liability whatsoever for the Contractor's transportation of the patient, or cost incurred by the Contractor whether or not they transport. 5.5.6 The Contractor shall transport a patient to the nearest hospital capable of providing the needed emergency medical services, or to a hospital of the patient's choice. If a specific hospital is designated by Hospital Control in a multiple casualty incident or by a paramedic or higher medical authority at the scene of the emergency, the Contractor shall transport the patient to that facility. All patients may be transported to area hospitals by City of Tukwila Fire Department aid units, medic units, or ambulances as determined by the City of Tukwila Fire Department Incident Commander. 5.5.7 The Contractor shall not install or operate any device or means on its units that can be utilized to control traffic signaling devices, including, but not limited, to Opticoms. 5.6 Vehicle Markings and Advertising Restrictions. Markings on ambulance units shall not include seven (7) or ten (10) digit phone numbers or other advertising. The only telephone number allowed is "9-1-1 ". The Contractor's standard logo, including its name, is permitted. Temporary display applications must be approved by the City prior to use. 5.7 Equipment Maintenance. 5.7.1 The Contractor shall be solely responsible for furnishing all equipment and 100 parts for the maintenance of vehicles, onboard equipment, supplies, and facilities used by the Contractor in performance of its work. 5.7.2 All equipment and supplies used by the Contractor must meet and comply with all standards established by federal, state, and local laws, rules, and regulations. 5.7.3 The Contractor shall be responsible for its radio system, channel selection, securing, authorization for use, and the proper operation of the radio system. 5.8 Contractor's Personnel. 5.8.1 Staffing. For each ambulance unit responding to requests for BLS service from the City of Tukwila Fire Department, the Contractor shall have at least two (2) personnel who are certified and accredited as Emergency Medical Technicians- B ("EMT-B"). 5.8.2 Character and Competence of Personnel. The Contractor shall ensure that its personnel conduct themselves in a professional and courteous manner. The Contractor's personnel shall be competent and shall hold all required licenses, permits and certificates in their respective trades or professions. The Contractor's personnel shall wear uniforms that clearly identify the Contractor's business name as well as the name of the particular employee. All personnel shall have a neat, clean appearance; shall be courteous to patients; shall refrain from unprofessional conduct or the use of foul language; and shall abide by all applicable federal, state; and City laws and regulations. The City of Tukwila Fire Department may demand the removal of any employee or subcontractor of the Contractor, subject to appropriate investigation and determination, for misconduct or incompetent or negligent performance. Such persons shall not be allowed to perform services under this contract without the written consent of the City. 5.9 Major Emergency and Disaster Response within the City of Tukwila Fire Department Service Area. 5.9.1 Major Emergency or Disaster Declared. In the event the Mayor or Fire Official determines there is a major emergency or disaster, the City may notify the Contractor that the normal course of business under the Agreement may be interrupted. Immediately upon such notification, the Contractor shall commit such resources as are requested by the City of Tukwila Fire Department, given the nature of the incident, and shall assist in accordance with applicable disaster plans and protocols. 5.9.2 Response Time Performance Standards. The Contractor shall be released by the City of Tukwila Fire Department from response time performance standards and liquidated damages, until notified by the City, that such disaster assistance may be terminated, provided that the Contractor shall use 101 due diligence to respond to the scene in an expeditious manner. 5.9.3 City of Tukwila Fire Department - First Priority. The Contractor acknowledges that the City is entering into an Agreement with the Contractor for the benefit of the public. The Contractor shall consider the City of Tukwila Fire Department as a customer of its first priority and shall make its best effort to provide emergency and non -emergency BLS services to the City of Tukwila Fire Department in a timely manner. The Contractor shall develop a mechanism for the immediate recall of personnel to staff units during multi -casualty situations, times of peak overload, or major emergency and disaster situations. This plan shall include the ability of the Contractor to alert off -duty personnel. 5.9.4 Major Emergency or Disaster Terminated. When major emergency or disaster assistance has been terminated, the Contractor shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking, and other relevant considerations. 5.1.0 Incident Response to Other Local Jurisdictions. In the event the City Fire Official determines an incident affects a local or neighboring jurisdiction, the City may notify the Contractor that the normal course of business under the Agreement may be interrupted. Immediately upon such notification, the Contractor may commit such resources as are requested by the City of Tukwila Fire Department, given the nature of the incident, and shall assist in accordance with disaster plans and protocols applicable in the locality where the disaster has occurred. Normal (i.e., not disaster related) mutual aid or multi -casualty incident assistance rendered by the Contractor shall be performed in accordance with approved instant aid/mutual aid agreements, and EMS agency policies and procedures. In the course of rendering such instant aid/mutual aid services, the Contractor shall not automatically be exempt from response time standards otherwise imposed by this Agreement. The Contractor shall manage any response to such instant aid/mutual aid requests in a manner that does not jeopardize the Contractor's ability to render response time performance as required herein for the City of Tukwila Fire Department. 5.11 Inspections. 5.11.1 Examination and Audit of Records. At any time during normal business hours and as often as may reasonably be deemed necessary, City of Tukwila Fire Department representatives and the EMS Medical Program Director(s) may observe the Contractor's operations. Additionally, the Contractor shall make available for examination and audit, all contracts, invoices, materials, payrolls, inventory records, records of personnel (with the exception of confidential personnel records), daily logs, conditions of employment, all operational and procedure policy manuals, excerpts or transcripts from such 10 102 records, all relevant fiscal records and other data related to all matters covered by this contract. 5.11.1 Observe Operations and Ride Along. City of Tukwila Fire Department representatives and the EMS Medical Program Director, may, at any time, and without notification, directly observe Contractor's operation of its EMS Communications Center, maintenance facility, and any ambulance post location. A City of Tukwila Fire Department representative and the EMS Chief, may, after providing at least five minutes notice, ride as third person on any of the Contractor's ambulance units, provided that in exercising this right to inspection and observation, such representatives shall conduct themselves in a professional and courteous manner, shall not interfere in any way with the Contractor's personnel in the performance of their duties and contractual responsibilities, and shall, at all times, be respectful of the Contractor's employer/employee relationship. 5.11.1 Time and Notification. The City of Tukwila Fire Department's right to observe and inspect the Contractor's business office operations or records shall be restricted to normal business hours, and reasonable notification shall be given to the Contractor in advance of any such visit. 5.11.1 Cooperation. The Contractor will cooperate with and respond to the City of Tukwila Fire Department and its Fire Official on all matters related to the provision of emergency and non -emergency BLS ambulance services. 5.12 Billing, Collections. and Reporting. The Contractor shall be responsible for all billing and collection functions related to services rendered pursuant to this Agreement. The Contractor shall perform all such billing and collection functions in a professional and courteous manner and in accordance with applicable federal, state, and local laws, regulations, procedures and policies including, without limitation, collection and credit reporting laws. The Contractor will not attempt to collect fees at the scene, in route, or upon delivery of the patient to a health facility for services rendered. 6. Contractor Rates. 6.1 Compensation. The Contractor's sole financial compensation for services rendered under this Agreement shall be the rates billed and collected from patients and responsible third parties. The City, local taxes, or subsidies shall not fund any services provided by the Contractor. 6.2 Rates to be Filed. The Contractor shall file with the City and the Fire Official its schedule of rates to be charged for services during the period of this Agreement. The schedule of rates shall be a matter of public record open to public inspection. The schedule of rates must be adhered to by the Contractor. If rates are periodically adjusted during the business license period, they must be filed with the City. m 103 7. Contractor Payments to the City. 7.1 Monthly Payment. By the loth day of every calendar month, the Contractor shall make a payment of $2,000 per month to the City. The first payment shall be due on January 10, 2020. Payment shall be made payable to the "City of Tukwila" to cover the City's costs of administering this Agreement and to support a future FDCARES program. Such costs include, but are not limited to, the following: 7.1.1 The City's costs associated with monitoring Contractor's compliance with this Agreement; and 7.1.2 The City's incremental costs associated with medical control. 7.2 Adjusted for Inflation. The monthly payment amount shall be effective through the initial one-year term. If the City exercises its option to renew for additional one- year terms, the monthly payment amount shall be adjusted on the anniversary of the Effective Date of this Agreement using the preceding calendar year's annual Consumer Price Index for all urban consumers Seattle -Tacoma -Bremerton metropolitan area, as determined by the U.S. Department of Labor, Bureau of Labor Statistics, to eliminate the effects of inflation. On the annual anniversary date of this Agreement, the City shall provide the Contractor with a letter delineating the basis for the monthly payments in order to satisfy Medicare requirements. 8. Liquidated Damages. This Agreement provides for the payment of liquidated damages in certain circumstances of non-performance, breach, and default. Each party agrees that the damaged party's actual damages in each such circumstance would be difficult or impossible to ascertain, and that the liquidated damages provided for herein with respect to each such circumstance are intended to place the damaged party in the same economic position as it would have been in had the circumstance not occurred. Nothing in -this section shall be construed to limit any remedies, including termination, provided for herein with respect to any non-performance, breach, or default by the Contractor. Each and every call that does not adhere to the scope of services and to the performance standards stated herein shall first be classified as an alleged performance failure. Each alleged performance failure shall be investigated by the Contractor and evaluated by the City of Tukwila Fire Department. The City of Tukwila Fire Department shall determine whether there were appropriate or acceptable extenuating circumstances that caused or significantly contributed to the performance failure. The Contractor shall pay liquidated damages to the City for all performance failures that are determined to be the fault of the Contractor and not the result of an extenuating circumstance. All payments for liquidated damages shall be made payable to the '`City of Tukwila.'' 8.1 Liquidated Damages for Emergency Request. For any individual "code red" response to a request from the City of Tukwila Fire Department at dispatch that exceeds 12 minutes, 59 seconds, the Contractor shall be assessed liquidated damages at a rate of fifty dollars ($50) per minute, or fraction thereof, for each 12 104 minute to a maximum of two hundred fifty dollars ($250). 8.2 Liquidated Damages for Exceeding the Maximum Response Time. For any individual response for the City of Tukwila Fire Department exceeding the maximum response time, or being cancelled due to exceeding the maximum response time, the Contractor shall be assessed liquidated damages of five hundred dollars ($500) and shall not be assessed the liquidated damages described in section 8.1 and 8.3. 8.3 Liquidated Damages for Failure to Respond. In the event the Contractor fails or is unable to respond to a City of Tukwila Fire Department request, the Contractor shall be assessed liquidated damages of five hundred dollars ($500) per incident. 8.4 Liquidated Damages for Failure to Properly Staff Unit for the City of Tukwila Fire Department. In the event the Contractor fails to staff any ambulance unit pursuant to subsection 5.7.1, the Contractor shall be assessed five hundred dollars ($500) per unit hour or portion thereof. 8.5 Liquidated Damages for Failure to Furnish Required Documentation. In the event the Contractor fails to furnish required information, reports, or documentation within the time period specified by this Agreement or by the City of Tukwila Fire Department's reasonable request, the City of Tukwila Fire Department may, at its option, impose liquidated damages of fifty dollars ($50) per day for each item of such information, report, or document. Such liquidated damages shall not be applied in cases where the cause of such reporting deficiency was beyond the Contractor's reasonable control. 8.6 Liquidated Damages for Mechanical Failure. If an ambulance vehicle experiences a mechanical failure (breakdown) while transporting a patient to a hospital at request of the City of Tukwila Fire Department, the Contractor shall be assessed liquidated damages of five hundred dollars ($500) except when the Contractor has provided timely and appropriate patient transfer and when the Contractor has properly maintained the vehicle. 8.7 Liquidated Damages for Failure of Crew to Report. The Contractor shall be assessed liquidated damages of fifty dollars ($50) for failure of the ambulance crew to report their on -scene arrival to its dispatcher for any of its calls for the City of Tukwila Fire Department. The Contractor shall be assessed liquidated damages of five hundred dollars ($500) for each incident where the City of Tukwila Fire Department determines that the crew, dispatchers, or management personnel of the Contractor reported a false on -scene arrival time. 8.8 Liquidated Damages for Failure to Obtain and Utilize CAD. The Contractor shall be assessed liquidated damages of two hundred fifty dollars ($250) per day for failure to utilize an acceptable CAD system within six (6) months of the effective date of this Agreement. 13 105 8.9 Aggregated Failure. If in any contract year the Contractor maintains a response time performance level at less than 90% monthly compliance in any four (4) months or two (2) consecutive months, the City shall have the right to terminate this Agreement. 8.10 Invoicing and Payment of Liquidated Damages. No more frequently than monthly and at least quarterly, the City shall invoice the Contractor for any liquidated damages assessed during the prior period. The Contractor shall pay the liquidated damages within thirty (30) days of receipt of the invoice. In the event the City fails to invoice within thirty (30) days of the end of the prior period, the liquidated damages shall be deemed waived for the period. 8.11 Appeal of Liquidated Damages Assessment. The Contractor may request that the City's Contract Administrator reconsider imposition of liquidated damages. In instances when the City's Contract Administrator reviewed the circumstances for imposing liquidated damages and determined that the grounds were sufficient to justify the imposition of the liquidated damages, the Contractor shall have the right to appeal such determination to the Tukwila Fire Official. The Contract Administrator shall report the reasons for the determination to impose liquidated damages to the Tukwila Fire Official. The ruling of the Tukwila Fire Official shall be final. 9. Termination. 9.1 Written Advance Notice. Either party may terminate this Agreement by providing ninety (90) days advance written notice to the other party of that parry's intent to terminate. A breach of the terms of this agreement need not occur to terminate under this section. If this Agreement is terminated, the City has the right to offer the remainder of the existing Agreement and its extensions to an existing contractor within the City of Tukwila Fire Department service area for right of first refusal. In the event that the Contractor chooses to exercise its right to terminate under this section, it shall pay to the City liquidated damages of ten thousand dollars ($10,000), which amount has been determined consistent with the language of Paragraph 8 to offset the City's costs in procuring a new contractor. 9.2 Contractor Breach and Provisions for Early Termination. Conditions and circumstances that constitute a breach of the Agreement include, but are not limited to, the following: 9.2.1 Failure of the Contractor to perform in accordance with any of the provisions of this Agreement. 9.2.2 Failure of the Contractor to operate the system in a manner that enables the City and the Contractor to remain in compliance with federal or state laws, 14 106 rules, or regulations. 9.2.3 Falsification of information supplied by the Contractor during the term of this Agreement, including but not limited to altering the presumptive run code designations to enhance the Contractor's apparent performance or falsification of any other data required under the contract. 9.2.4 Creating patient responses or transports so as to artificially inflate run volumes. 9.2.5 Failure of the Contractor to provide data generated in the course of operations, including but not limited to dispatch data, patient report data, response time data, or financial data. 9.2.6 Excessive and unauthorized scaling down of operations to the detriment of performance during a "lame duck" period. (See section 12.) 9.2.7 Failure of Contractor's personnel to conduct themselves in a professional and courteous manner and present a professional appearance. 9.2.8 Failure of the Contractor to maintain equipment in accordance with manufacturer recommended maintenance procedures. 9.2.9 Failure of the Contractor to cooperate with and assist the City after breach has been declared. 9.2.10 Acceptance by the Contractor or Contractor's personnel of any bribe, kickback or consideration of any kind in exchange for any consideration whatsoever, when such consideration or action on the part of the Contractor or Contractor's personnel could be reasonably construed as a violation of federal, state, or local law. 9.2.11 Payment by the Contractor or any of Contractor's personnel of any bribe, kickback, or consideration of any kind to any federal, state, or local public official or consultant in exchange for any consideration whatsoever, when such consideration could be reasonably construed as a violation of any federal, state, or local law. 9.2.12 Failure of the Contractor to meet the standard of care as established by this Agreement. 9.2.13 Failure of the Contractor to maintain insurance in accordance with this Agreement. 9.2.14 Failure of the Contractor to meet response time requirements for the City of Tukwila Fire Department as set forth in this Agreement. 15 107 9.2.15 The filing of any bankruptcy or any other similar action, which, in the opinion of the City, places the performance of the contract at risk. 9.2.16 Failure to submit reports and information under the terms and conditions outlined in this Agreement. 10. City's Remedies. 10.1 If conditions or circumstances constituting a breach as set forth above are determined to exist, the City shall have all rights and remedies available at law or in equity under this Agreement, specifically including the right to terminate the Agreement. 11. Process for Termination of Contract Due to Breach. 11.1 In the event of breach, the City will give the Contractor written notice, return receipt requested, setting forth with reasonable specificity the nature of the breach. Within five (5) calendar days of receipt of such notice, the Contractor will deliver to the City of Tukwila Fire Department, in writing, a plan to cure such breach. The plan will be updated, in writing, every five (5) calendar days until the breach is cured. The Contractor shall have the right to cure such breach within thirty (30) calendar days of receipt of notice of breach. If the Contractor fails to cure such breach within the time period allowed for cure (such failure to be determined by the sole and absolute discretion of the City of Tukwila Fire Department), or the Contractor fails to timely deliver the cure plan, or updates to the City of Tukwila Fire Department, the City may immediately terminate the Agreement. The Contractor will then cooperate completely and immediately with the City of Tukwila Fire Department to affect a prompt and orderly transfer of all responsibilities to the City. 11.2 The Contractor will not be prohibited from disputing any findings of breach through litigation, provided that such litigation will not have the effect of delaying, in any way, the immediate transfer of operations to the City. These provisions will be specifically stipulated and agreed to by both parties as being reasonable and necessary for the protection of public health and safety. Any legal dispute concerning the finding that a breach has occurred will be initiated and shall take place only after the transfer of operations to the City has been completed, and will not, under any circumstances, delay the process of transferring operations to the City. 11.3 The Contractor's cooperation with and full support of the City of Tukwila Fire Department's termination of the Agreement will not be construed as acceptance by the Contractor of the finding of breach. However, failure on the part of the Contractor to cooperate fully with the City to affect a smooth and safe transition shall itself constitute a breach of contract. 16 HE 11.4 In the event an agreement with one contractor is terminated, the remaining contractor shall have the right to assume the territory served by the terminated contractor. The intent to assume such territory shall be provided to the City in writing within fourteen (14) days of receiving notice from the City of the termination of the other contractor. 12. "Lame Duck' Provisions. Should the Contractor fail to prevail in a future procurement cycle, the Contractor will agree to continue to provide all services required in and under the Agreement until a new contractor assumes service responsibilities. To ensure continued performance fully consistent with the requirements of the Agreement through any such period, the following provisions will apply: 12.1 The Contractor will continue all operations and support services at the same level of effort and performance that were specified in the contract in effect prior to the award of the subsequent agreement to a competing provider. 12.2 The Contractor will make no changes in methods of operation that could reasonably be considered to be aimed at cutting Contractor services and operating costs to maximize profits during the final stages of the Agreement. 12.3 The City recognizes that if a competing provider should prevail in a future procurement cycle, the Contractor may reasonably begin to prepare for transition of the service to a new contractor. The City will not unreasonably withhold its approval of the Contractor's request to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., as long as such transition activity does not impair the Contractor's performance during this period. 13. Proprietary and Confidential Information. The Contractor acknowledges that the City is required by law to make its records available for public inspection, with certain exceptions (see RCW Chapter 42.56). In the event the City receives a request for disclosure of proprietary descriptive or confidential information that contains valuable business policies, trade secrets or practices, financial data, customer data, designs, drawings, or formulas, such information may be protected from disclosure. If the City believes disclosure is required, the City shall notify the Contractor prior to disclosure of such information so that the Contractor may seek a protective court order or equivalent. If, in the absence of a protective order or equivalent, the City determines in good faith that it is nonetheless required to disclose the proprietary or confidential information, the City will disclose only that portion of the information which is required to be disclosed and will use reasonable efforts to preserve the confidentiality of the other proprietary and confidential information, including without limitation, cooperating with the Contractor to obtain an appropriate protective order, or by obtaining written assurance from the applicable judicial or governmental entity that it will afford the confidential information the highest level of protection afforded under applicable law or regulation. The Contractor, by submission of materials marked proprietary and confidential, nevertheless, acknowledges and agrees that the City will have no obligation or any liability to the Contractor in the event that the City 17 109 must disclose these materials. 14. Indemnification. The Contractor does hereby release and shall defend, indemnify, and hold the City and its employees and agents harmless from all losses, liabilities, claims, costs (including attorney fees), actions or damages of any sort whatsoever arising out of the Contractor's performance of the services contemplated by this Agreement except to the extent attributable to the negligent acts or omissions of the City. The indemnification provided for in this section shall survive any termination or expiration of this Agreement. If any action is brought against the City by any employee of the Contractor, the indemnification obligation of the Contractor set forth in this section shall not be limited by the amount or type of damages, compensation or benefits payable by or for Contractor under the Industrial Insurance Act (RCW Title 51), or any other employee benefit act. In addition, solely for the purpose of giving full effect to the indemnities contained herein and not for the benefit of the Contractor's employees or any third parties, the Contractor waives its immunity under RCW Title 51. The Contractor acknowledges that the foregoing waiver was mutually negotiated. 15. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit "C" attached and incorporated by this reference. 16. Compliance with Law. 16.1 General Requirement. The Contractor, at its sole cost and expense, shall perform and comply with all applicable laws of the United States and the State of Washington, the municipal code and ordinances of the City of Tukwila, King County, the City and rules, regulations, orders, and directives of their administrative agencies and the officers thereof. Without limiting the generality of this paragraph, the Contractor shall specifically comply with the following requirements of this section. 16.1.1 Licenses and Similar Authorizations. The Contractor, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof. 16.1.2 Taxes. The Contractor shall pay, before delinquency, all taxes, levies, and assessments arising from its activities and undertakings under this Agreement, including, but not limited to, taxes levied on its property, equipment and improvements, and taxes on the Contractor's interest in this Agreement. 16.1.3 Use of Recycled Content Paper. The Contractor shall, whenever practicable, use recycled content paper on all documents submitted to the City. 17. Contractual Relationship. This Agreement does not establish the Contractor as an agent or 18 110 legal representative of the City for any purpose whatsoever, and the relationship of the Contractor to the City by reason of this Agreement shall be that of an independent contractor. The Contractor is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. Both parties, in the performance of the Agreement, will be acting in their individual capacities and not as agents, employees, partners, joint ventures or associates of one another. The employees, subcontractors, or agents of one party shall not be deemed or construed to be the employees, subcontractors, or agents of the other party for any purpose whatsoever. The Contractor shall ensure that all the Contractor's employees, subcontractors, and agents are properly trained and frilly equipped to perform their assigned tasks. 18. Discrimination. 18.1 In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. 19. Assignment and Subcontracting. The Contractor shall not assign or subcontract any of its obligations under this Agreement without the City's prior written consent. The City's written consent may be granted or withheld at the City's sole discretion. Any subcontract made by the Contractor shall incorporate by reference all the terms of this Agreement. The Contractor shall ensure that all subcontractors comply with the obligations and requirements of this Agreement. The City's consent to any assignment or subcontract shall not release the Contractor from liability under this Agreement, or from any obligation to be performed under this Agreement, whether occurring before or after such consent, assignment, or subcontract. 20. Amendments. No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, from time to time, by mutual agreement. 21. Executory Aueement. This Agreement will not be considered valid until signed by both parties. 22. Binding Effect. The provisions, covenants and conditions in this Agreement apply to bind the parties, their legal heirs, representatives, successors, and assigns. 23. Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be the Superior Court for King County. 19 111 24. Remedies Cumulative. Remedies under this Agreement are cumulative; the use of one remedy shall not be taken to exclude or waive the right to use another. 25. Captions. The titles of sections are for convenience only and do not define or limit the contents. 26. Severability. If any term or provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 27. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. Acceptance by the City of any performance by the Contractor after the time the same shall have become due shall not constitute a waiver by the City of the breach or default of any covenant, term, or condition unless otherwise expressly agreed to by the City in writing. 28. Entire Agreement. This document, along with any exhibits and attachments, constitutes the entire agreement between the parties with respect to the scope of work herein. No verbal agreements or conversations between any officer, agent, associate, or employee of the City and any officer, agency, employee, or associate of the Contractor prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. 29. Negotiated Agreement. The parties to this Agreement acknowledge that it is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such parry's draftsmanship thereof. 30. Breach of Agreement. The City considers any breach of the Agreement serious and will seek remedies commensurate with the severity and magnitude of the event. Remedies could include but are not limited to corrective measures, liquidated damages, probation or suspension, or termination of the Agreement. It is the intent and desire of the City to maintain a good working relationship with the Contractor while at the same time ensuring service to the community. 31. Addresses for Notices. All notices to be delivered hereunder shall be in writing and shall be delivered or mailed to the following addresses: If to Citv: If to Contractor: City of Tukwila Tri-Med Ambulance 6200 Southcenter Blvd. 18821 E Valley Hwy 20 112 Tukwila, WA 98188 Kent, WA 98032 or such other respective addresses as may be specified herein or as either party may, from time to time, designated in writing. 32. Disputes. Any disputes or misunderstandings that may arise under this Agreement concerning the Contractor's performance for the City of Tukwila Fire Department shall first be resolved through amicable negotiations, if possible, between the Contractor's project manager and the City's Contract Administrator, or if necessary, shall be referred to the Fire Official and the Contractor's senior executive(s). If such officials do not agree upon a decision within a reasonable period of time, the parties may pursue other legal means to resolve such disputes, including but not limited to alternate dispute resolution processes. 33. Authority. Each party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. IN WITNESS WHEREOF, the City and Contractor have caused this Agreement to be executed. CITY: By: Print Name: Its: Date: CONTRACTOR: By: (�G Print Name: Its: Date: /Lfyl��f� 21 113 114 EXHIBIT A City Service Area The Tukwila Fire Department provides emergency medical response to the areas within the city limits of Tukwila, and the jurisdictional boundaries of King County Fire District No. 24. The attached map, which is incorporated into this Exhibit A, accurately sets forth the service area. einq Field./ ntema nal - !. Airpo :.,...,... Renton Municipal — — e - Airport r Tulaffla Buller = '— Seattle- Tacoma International -- - Airport SeaTae rarnialldy Park _ King Coun r Fire District 924 — = Kent EXHIBIT A 115 116 EXHIBIT B Incorporated as Exhibit B: Tukwila Municipal Code Chapter 5.04Licenses Generally. Remainder ofpage intentionally left blank EXHIBIT B-1 117 TUKWILA MUNICIPAL CODE CHAPTER 5.04 LICENSES GENERALLY Sections: 5.04.010 Definitions 5.04.012 Purpose 5.04.015 Business License Required 5.04,020 Applications and Fees Required 5.04.030 Issuance of a License and Annual Renewal 5.04.040 Prorating Fee 5.04.050 Late Acquisition or Renewal 5.04.060 Transferability 5.04.070 Change in UBI #, Ownership, Physical Location or Nature of Business 5.04.080 Required — Display 5.04.090 Exemption 5.04.100 Failure to Pay Fee 5.04.105 Additional Requirements for Issuance of Business License 5.04.110 Denial, Suspension, Revocation 5.04.112 Appeal of Notice of Denial, Suspension or Revocation 5.04,115 Penalties 5.04.116 Effect of Denial or Revocation 5.04.120 Regulation Adoption and Publication — Failure to Comply 5.04.130 Disclaimer of City Liability 5.04.010 Definitions For the purpose of this chapter, the following definitions shall apply: 1. 'Business," means and includes all activities, occupations, trades, pursuits, or professions located or engaged within the City that involves the manufacturing or processing of materials of any type; the sale of goods, wares or merchandise; the rendition of services or the repair of goods, wares or merchandise for any consideration to the person engaging in the same or to any other person or class, directly or indirectly, whether or not an office or physical location for the business lies within the City limits. 2. "Department," means Finance Department. 3. "Director," means the Finance Director or his or her designee. 4. "Engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. a. This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the City without having to pay a business license fee. The Page 5-2 activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" as defined above. If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. b. Without being all inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license: (1) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. (2) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. (3) Soliciting sales. (4) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. (5) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. (6) Installing, constructing, or supervising installation or construction of, real or tangible personal property. (7) Soliciting, negotiating, or approving franchise, license, or other similar agreements. (8) Collecting current or delinquent accounts. (9) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. (10) Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. (11) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. (12) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. (13) Training or recruiting agents, representatives, independent contractors, brokers or others, Produced by the City of Tukwila, City Clerk's Office 118 TITLE 5 — BUSINESS LICENSES AND REGULATIONS domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. (14) Investigating, resolving, or otherwise assisting in resolving customer complaints. (15) In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. (16) Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. c. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person(s behalf, engages in no other activities in or with the City but the following, it need not register and obtain a business license. (1) Meeting with suppliers of goods and services as a customer. (2) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. (3) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. (4) Renting tangible or intangible property as a customer when the property is not used in the City. (5) Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the City's trade show or multiple vendor event ordinances. (6) Conducting advertising through the mail. (7) Soliciting sales by phone from a location outside the City, d. A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection 5,04.010(4)(c). e. The City expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. 5. "License or licensee," as used generally in this chapter, means and includes respectively the words "permit" or "permiftee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this chapter or other law or ordinance. Produced by the City of Tukwila, City Clerk's Office 6. "Nonprofit organization" includes individual person(s), partnerships, joint ventures, societies, associations, churches, clubs, trustees, trusts or corporations; or any officers, agents, employees, factors or any kind of personal representatives of any thereof, in any capacity, acting either for himself or any other person under either personal appointment or pursuant to law who qualifies under definition of and certification by the Internal Revenue Service as nonprofit. 7. 'Person," means any individual, receiver, agent, trustee in bankruptcy, trust, estate, firm, co -partnership, joint venture, company, joint stock company, business trust, corporation, society, or group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise. 8. "Person engaged in business" means the owner or one primarily beneficially interested in lawful business for profit and not employees. 9. "Home occupation" means any business conducted in a residence within the corporate city limits of Tukwila, such business being subject to the requirements set forth in TMC Chapter 18.06, "Definitions," in the section entitled "Home Occupation." 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 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. 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. Employee is a unit of measure used to determine the Business License fee, (Ord. 2588 §2, 2018; Ord. 2544, §2, 2017, Ord. 2496 §1, 2016; Ord. 2381 §1, 2012; Ord, 2356 §1, 2011; Ord. 2333§1, 2011; Ord. 2315§1 (part), 2010) Page 5-3 119 TUKWILA MUNICIPAL CODE 5.04.012 Purpose The purpose of this chapter is to regulate and insure the legal conduct of businesses, assist in the effective administration of health, fire, building, zoning and other codes of the City, to impose fees for revenue purposes, and to provide a means for obtaining public information and compiling statistical information on existing and new businesses in the City. (Ord. 2315 §1(part), 2010) 5.04.015 Business License Required A. No person or persons shall conduct, maintain, operate, or engage in any business within the City without first applying for and obtaining a business license, or renewing an existing license, and paying the fee(s) as prescribed herein, unless exempted in this chapter. All businesses operating or engaging in business within the City are required to submit a business license application or renewal, as appropriate, unless exempted in this chapter. B. This license shall be in addition to any other licenses or permits required by any other section of this code or by State or Federal laws. C. Business licenses are nontransferable and a separate business license shall be obtained for each location at which a business operates. Licenses shall be displayed at each business location so as to be viewable by the public. (Ord. 2588 §3, 2018; Ord. 2381 §2, 2012; Ord. 2333 §2, 2011; Ord. 2315 §1 (part), 2010) 5.04.020 Applications and fees required A. Application Required. Any person desiring to establish or conduct any business enterprise or undertaking within the corporate limits of the City shall first file a master application through the Washington State Department of Licensing Master License Service in coordination with the City of Tukwila Finance Department for a license to conduct such business. The application shall be upon a form furnished by the Washington State Department of Licensing Master License Service on which the applicant shall state the company name and address; the nature of the business activity or activities in which he/she desires to engage; the place where the business will be conducted; the number of employees, whether full or part-time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date; the Washington State Unified Business Identifier (UBI) number; and other information pertaining to the business as required by the City. The applicant shall be required to provide all information requested on said form and failure to do so shall be grounds for refusing to issue the business license. Owners of residential rental property are not subject to the application requirements in this chapter but shall adhere to the application requirements in TMC Chapter 5.06. Page 5-4 B. Fee — General. 1. The application must be accompanied by the appropriate application fee in accordance with the fee schedule adopted by resolution of the City Council, as well as the Master License Service handling fee. The license fee for the annual license (Business License fee) issued under this chapter shall be determined based on the total number of employees. The business license fee shall be determined by multiplying the appropriate Business License fee by the number of employees working at or reporting from a location within the City's corporate limits, in accordance with the fee schedule adopted by resolution of the City Council. In no event shall the Business License fee be less than the minimum fee set forth in this chapter. If the number of employees is not known at the time of application or renewal of the license, the business shall estimate the maximum number of employees they anticipate working any time during the 12-month period subject to licensure. 2. It will be the responsibility of the business to determine the total number of employees and, if required, demonstrate to the satisfaction of the Finance Director that the information pertaining to the Business License fee is accurate. Businesses without a full year of operating history shall estimate the number of employees that will be employed in a 12-month period. C. Minimum Fee. There shall be an annual minimum fee for a Business License in accordance with the fee schedule adopted by resolution of the City Council. 1. For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than $2,000 and who does not maintain a place of business within the City, shall submit a business license registration to the Finance Director or designee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. 2. Businesses doing business in the City that have no employees physically working within the City's corporate limits shall pay the minimum fee required under this chapter. 3. An entity subject to exemption pursuant to TMC Section 5.04.090 need not pay a Business License fee. An entity engaging in some activities or functions that are exempt from the Business License fee and some that are not exempt shall pay a Business License fee based on the number of employees involved in the functions or activities that are not exempt. D. New Businesses. The Business License fee fora new business shall be based on the estimated number of employees that will work in Tukwila for a 12-month period. If, during the first license year for a new business, the City determines the actual number of employees is significantly different than the estimated number identified by the business owner, the amount of the Business License fee will be recalculated for the new business. Produced by the City of Tukwila, City Clerk's Office 120 TITLE 5 — BUSINESS LICENSES AND REGULATIONS If the revised Business License fee is higher than the original Business License fee paid by the business owner for the first license year, the business owner must pay the difference to the City within 30 days after written notice of the amount owed is sent to the business owner by the City. E. Over -reporting of Employees. In the event the business owner miscounted the number of employees by an error factor of more than 15% and paid an excess Business License fee as a result, a business may request that the City refund the overpayment. The request must be made in writing to the Finance Department, and the City must receive the request and all supporting documentation no later than 60 days after the end of the calendar year in which the error was made. If the City is satisfied the business owner paid an excess Business License fee, the City will refund the excess amount paid to the business owner, F. Under -reporting of Employees. If, at the time of license renewal, the City determines the business owner under- reported the number of employees for the preceding year by an error factor of more than 15%, the business shall pay the balance of the corrected Business License fee (calculated as the difference between the paid Business License fee and the corrected Business License fee). The Finance Director shall mail written notice of the balance due to the business owner, and the business shall pay the balance due to the City within 30 days of the date the written notice is mailed by the City. A penalty of 20% of the balance due will be applied if payment is not received within 30 days. G. Payment by Draft or Check. Payment made by draft or check shall not be deemed a payment of the Business License fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the Business License fee unless and until the check or draft is honored. Any person who submits a Business License fee payment by check to the Washington State Department of Licensing Master License Service or City, pursuant to the provisions of this chapter, shall be assessed an NSF fee set by the Finance Director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason. (Ord. 2588 §4, 2018; Ord. 2544 §3, 2017; Ord. 2496 §2, 2016; Ord. 2391 §3, 2012; Ord. 2356 §2, 2011; Ord. 2333 §3, 2011; Ord. 2315 §1 (part), 2010) Produced by the City of Tukwila, City Clerk's Office 5.04.030 Issuance of a license and annual renewal A. Upon review and approval of the application, the Washington State Department of Licensing Master License Service or the Finance Director or designee shall issue a license to the applicant, The license shall grant to the applicant the privilege to conduct such business at a designated location in the City. B. Persons continuing to engage in business within the City shall renew their business license(s) each year. Businesses must pay a renewal fee, as well as the Master License Service handling fee. The annual business license renewal fee shall be in accordance with the fee schedule adopted by resolution of the City Council. The annual fee may be prorated in order to conform the license expiration date with the expiration date established by the Master License Service. Persons not renewing their business license by the expiration date may be subject to a late renewal penalty charged by the Master License Service. (Ord. 2588 §5, 2018; Ord. 2315 §1(part), 2010) 5.04.040 Prorating fee The license fee set forth in this chapter shall be for the calendar year, and each person engaged in business must pay the full license fee for the current year. License fees are non- refundable, regardless of whether the business operates for the entire calendar year, or whether the business license is denied, revoked, withdrawn or suspended with cause. (Ord. 2356 §3, 2011; Ord. 2333 §4, 2011; Ord. 2315 §1(part), 2010) 5.04.050 Late acquisition or renewal A. Penalty. For new businesses, failure to pay the Business License fee by the first day of commencing business operations pursuant to TMC Section 5.04.020 will result in a late acquisition penalty in accordance with the fee schedule adopted by resolution of the City Council. For renewing businesses, failure to pay the Business License renewal fee by January 31 st shall constitute delinquency and shall result in a penalty in accordance with the fee schedule adopted by resolution of the City Council. No business license and/or renewal for the current period shall be granted until all delinquent fees, together with penalties, have been paid in full. The Finance Director or his/her designee is authorized, but not obligated, to waive all or any portion of the penalties and interest provided herein in the event the Finance Director determines that the late payment was the result of excusable neglect or extreme hardship. B. Collection of Fees and Penalties. Any license fee due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to any and all other existing remedies. C. Revocation of License. The Finance Director may revoke any business license issued pursuant to this chapter to any business or other person who is in default in payment of any Page 5-5 121 TUKWILA MUNICIPAL CODE license fee hereunder, or who shall otherwise fail to comply with any of the provisions of this chapter, Notice of such revocation shall be issued pursuant to TMC Section 5.04.110.D. On and after the date of the notice of revocation, any business subject thereto that continues to engage in business shall be deemed to be operating without a license, and shall be subject to any and all penalties herein provided. D. There shall be a penalty to reinstate any business license revoked through nonpayment of the Business License fee. The penalty shall be identified in the fee schedule adopted by resolution of the City Council. (Ord. 2544 §4, 2017; Ord. 2496 §3, 2016; Ord. 2381 §4, 2012; Ord. 2356 §4, 2011; Ord. 2333 §5, 2011; Ord. 2315 §1(part), 2010) 5.04.060 Transferability The license granted in pursuance hereof shall be personal to the licensee and it shall not be assignable or transferable to any other person. (Ord. 2315 §1 (part), 2010) 5.04.070 Change in UBI #, ownership, physical location or nature of business The license granted pursuant hereto shall be used to conduct the particular business or type of business at the designated address for which such license is issued. Any license holder with a change in the nature of the business, a change in the Unified Business Identifier (UBI) issued by the Washington State Department of Licensing, a change in the physical location of the business, and/or a change in ownership of the business shall immediately submit a new application for licensure to the Finance Department documenting the relevant change(s). A change in the UBI or a change in ownership for the business will require payment of the applicable license fee set forth in the fee schedule adopted by resolution of the City Council, in addition to the submission of a new application. (Ord. 2496 §4, 2016; Ord. 2381 §5, 2012; Ord. 2356 §5, 2011; Ord. 2333 §6, 2011; Ord. 2315 §1 (part), 2010) 5.04.080 Required — Display It is unlawful for any person to engage in or carry on any business activity in the City without first procuring a license as provided in this chapter. The license shall thereafter be prominently displayed in the place of business of the applicant. (Ord. 2315 §1 (part), 2010) Page 5-6 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 civic group, service club, or social organization that is not engaged in any profession, trade, or occupation, but 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 court interpreter who provides an oral translation between speakers who speak different languages, and who 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. (Ord. 2593 §2, 2018; Ord. 2588 §6, 2018; Ord. 2544 §5, 2017; Ord. 2356 §6, 2011; Ord. 2333 §7, 2011; Ord. 2315 §1 (part), 2010) Produced by the City of Tukwila, City Clerk's Office 122 TITLE 6 — BUSINESS LICENSES AND REGULATIONS 5.04.100 Failure to Pay Fee If any person engaged in business fails or refuses to pay the license fee for any year as herein provided, they shall not be granted a license for the current year until such delinquent license fees in accordance with the fee schedule adopted by resolution of the City Council have been paid, in addition to the current years' required fee(s). Such fees may be collected by the City by proper legal action brought for that purpose if any person engaged in business fails or refuses to pay the license fee. This remedy is cumulative and not exclusive. (Ord. 2588 §7, 2018; Ord. 2315 §1(part), 2010) 5.04.105 Additional Requirements for Issuance of Business License A. A business license will only be issued provided the building, structure, operation or location of the business for which the license is sought complies with the requirements or standards of the Tukwila Municipal Code. B. In any case where an applicant seeks a business license for a business to be located in a building or structure for which a building or land use permit is required to operate the business as proposed, whether as a newly constructed building or structure or a remodeled building or structure, the permit process, including final inspections/issuance of occupancy permits, shall be completed prior to issuance of a business license. C. In any case where an applicant seeks a business license for a business to be located in a building or structure for which no building or land use permit is required to operate the business as proposed, the building department may require the business premises to be inspected for compliance with life and safety codes. If the inspection reveals outstanding code violations, the business license will not be issued until all life and safety code violations are resolved. (Ord. 2588 §8, 2018; Ord. 2315 §1 (part), 2010) 5.04.110 Denial, Suspension, Revocation A. The Finance Director may deny any business license application pursuant to TMC Section 5.04.105. B. The Finance Director may deny, suspend or revoke any license under this chapter where one or more of the following conditions exist: 1. The licensee is in default of any fee, charges or amounts due and payable to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy. 2. The license was procured by fraud or by a false or misleading representation of fact in the application, or in any report or record required to be filed with the Finance Department. Produced by the City of Tukwila, City Clerk's Office 3. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code. 4. The license holder, his or her employee, agent, partner, director, officer or manager has knowingly violated any provisions of any chapter of the Tukwila Municipal Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or her business premises. 5. The license holder, his or her employee, agent, partner, director, officer or manager has repeatedly violated any provision of City policies or the Tukwila Municipal Code after having received notice of such violation. 6. Conduct of the business would be in violation of any local, state or federal law, rule or regulation prohibiting the conduct of that type of business. 7. The property at which the business is located has been determined by a court to be a chronic nuisance property, a Violation Notice and Orderfor a chronic nuisance property has been issued and not timely remedied or appealed, or the Hearing Examiner has determined the property to be a chronic nuisance property, as provided in TMC Chapter 8.27. C. Upon determination that grounds for denial, suspension or revocation of a license exist, the Finance Director shall send the applicant or license holder a Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall set forth the grounds for and terms of the denial, suspension or revocation, and a statement advising the applicant or license holder that he/she may appeal the Notice of Denial, Suspension or Revocation in accordance with the provisions of TMC Section 5.04,112. The filing of such appeal shall stay the action of the Finance Director pending decision on the appeal by the City Hearing Examiner or other hearing body pursuant to TMC Section 5.04.112. D. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall be: (1) sent to the applicant or license holder by registered mail at the address provided on the license application; (2) hand delivered to the address provided on the license application; or (3) posted upon the premises where such applicant or license holder conducts the business that is the subject of the denied, suspended or revoked license. Notice shall be deemed received by the applicant or license holder upon posting, hand delivery, or 3 business days after mailing, whichever occurs first, (Ord. 2588 §9, 2018; Ord. 2496 §5, 2016; Ord. 2352 §2, 2011; Ord. 2333 §8, 2011; Ord. 2315 §1(part), 2010) Page 5-7 123 TUKWILA MUNICIPAL CODE 5.04.112 Appeal of Notice of Denial, Suspension or Revocation A. The applicant or license holder may appeal the decision of the Finance Director to suspend, deny or revoke a business license by filing a written notice of appeal to the City Clerk within 10 calendar days following receipt of the Notice of Denial, Suspension or Revocation. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non -issuance until the City's Hearing Examiner or other hearing body issues a written decision on the appeal. B. Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City's Hearing Examiner. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner for good cause shown. Notice of the hearing will be mailed to the applicant or licensee. C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director's decision. D. Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner shall issue a written decision which shall set forth the reasons therefor. (Ord. 2496 §6, 2016; Ord. 2381 §6, 2012; Ord. 2333 §9, 2011; Ord. 2315 §1 (part), 2010) 5.04.115 Penalties Any violation of this chapter, or failure to comply with any of the requirements of this chapter, shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070. Page 51-8 (Ord. 2549 §2, 2017, Ord. 2315 §1(part), 2010) 5.04.116 Effect of Denial or Revocation No person or business may reapply for a business license merely by renaming the business. The denial or revocation of a license applies to any business entity, regardless of its name, that is operating under the same ownership and/or management and engages in substantially the same type of business enterprise as that of a business that has been previously denied a license or has had its license revoked under this chapter within a year of such application for a license. (Ord. 2315 §1(part), 2010) 5.04.120 Regulation adoption and publication — Failure to comply The Finance Director shall have the power and it shall be their duty from time to time to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the law, for the purpose of carrying out the provisions hereof, and it is unlawful for any person to violate or fail to comply with any such rule or regulation. (Ord. 2315 §1 (part), 2010) 5.04.130 Disclaimer of City Liability The City of Tukwila expressly finds and requires that responsibility for compliance with the provisions of this chapter rests with license applicants and their agents and that no action, inaction, or omission of the City or any of its agents or employees shall serve to assume or shift responsibility for compliance with the provisions of this chapter to any other party, including the City. Furthermore, issuance of a license pursuant to this chapter does not constitute the creation of a duty by the City to indemnify the licensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee. The issuance of a license does not shift responsibility from the licensee to the City for proper training, conductor equipment of the licensee or their agents, employees or representatives, even if specific regulations require standards of training, conduct or inspection. (Ord. 2588 § 10, 2018) Produced by the City of Tukwila, City Clerk's Office 124 EXHIBIT C INSURANCE REQUIREMENT Indemnification/ Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Automobile Liability insurance covering 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 cove rage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Excess Liability insurance covering both the Commercial General Liability and Automobile (Emergency and Basic Life Support Ambulance Services Agreement) policies. With limits not less than $4,000,000 in excess of the limits cited above. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional liability insurance appropriate to the Contractor's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than EXHIBIT C-1 125 1,000,000 each occurrence, $2,000,000 general aggregate. Excess Liability insurance shall be written with limits no less than $4,000,000 per occurrence in excess of both the CGL and Auto Liability policies cited above. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: The Contractor's insurance coverage 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 Contractor's insurance and shall not contribute with it. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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 The 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. Evidence of Insurance - The following documents must be provided as evidence of insurance coverage: A copy of the policy's declarations pages, showing the Insuring Company, policy effective dates, limits of liability and the Schedule of Forms and Endorsements. The City reserves the right to require a copy or certified copy of said policy or policies including all forms and endorsements attached. A copy of the endorsement naming the City as an Additional Insured (excluding Professional Liability Insurance), showing the policy number, and signed by an authorized representative of the insurance company on Form CG2026 (ISO) or equivalent. EXHIBIT C-2 126 3. A copy of the "Endorsements Form List" to the policy or policies showing endorsements issued on the policy, and including any company -specific or manuscript endorsements. 4. A copy of an endorsement stating that the coverages provided by this policy to the City or any other named insured shall not be terminated, reduced or otherwise materially changed without providing at Ieast forty-five (45) days prior written notice to the City. A copy of a "Separation of Insureds" or "Severability of Interests" clause, indicating essentially that, except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, this insurance applies as if each named insured were the only named insured, and separately to each insured against whom a claim is made or a suit is brought (Commercial General Liability & Business Automobile Liability Insurance). EXHIBIT C-3 127 128 EXHIBIT D FDCARES EXECUTIVE SUMMARY Over the last 30 years, the fire service in the U.S. has expanded the number of stations and personnel in order to meet a 400 percent increase in the number of requests for Emergency Medical Services (EMS). The expansion of fire -based emergency medical response has inextricably linked the fire service and the U.S. healthcare system. The U.S. healthcare system is currently under enormous public and congressional pressure to reform due to the lack of access to services, the poor quality of care, and the high costs of care. Critics of the U.S. healthcare system cite fire -based EMS as an example of a public service that contributes to America's over -utilization of EMS and increasing national healthcare expenditures amounting to 18 percent of the Gross Domestic Product (GDP). Is this criticism of fire -based EMS valid? Fire departments respond to a wide array of requests for medical service. The fire service is well recognized for their capacity to respond rapidly to emergencies with quality care as demonstrated by recent increases in cardiac arrest survival rates nationwide. However, a large proportion (estimated up to 40%) of medical service requests are for non -emergent medical problems and a majority of these requests are attributed to a subset of frequent users of EMS. Despite these facts, fire -based EMS personnel, response times, and medical interventions are standardized for medical emergencies. Consequently, 911 callers with non -emergent issues typically receive emergency - oriented care, which often results in the unnecessary transport of patients to an Emergency Department (ED) for more definitive care. The National Quality Forum (NQF) estimates that this response model contributes to an estimated $38 billion in wasted healthcare expenditures each year. Moreover, because fire -based EMS and EDs are designed for the episodic treatment of emergent medical problems, clients with non -emergent medical problems, who often have multiple chronic diseases and psychosocial issues, experience poor quality outcomes, poor follow-up care, and poor continuity of care. The result is subsequent and repeated use of the EMS system. Why now should the fire service change their medical response model? The Patient Protection and Affordable Care Act (PPACA) is changing the landscape of the U.S. healthcare system. Provisions in the PPACA are making insurance payers and hospitals accountable for the quality and costs of EMS care, driving the adoption of healthcare delivery organizations and innovative solutions that improve the value of EMS. The PPACA directly challenges the inefficiencies of the fire service's "one- size -fits -all" response model. How can fire departments improve the value of fire -based EMS? Fire departments should adopt a new tier within their current response model that responds directly to non -emergent medical and psychosocial problems and proactively contacts frequent callers of 911, frequent users of the ED, and patients at high -risk of hospital readmission. This Non - Emergency Medical Service (HEMS) division should be fully integrated into the operations of fire departments. The City of Tukwila in Washington State may develop a NEMS division, called Fire Department EXHIBIT D-1 129 Community Assistance, Referral, and Education Services (FDCARES). FDCARES may be staffed up to 12 or 24 hours per day, 365 days per year. FCDARES may be staffed with an Emergency Medical Technician (EMT), Social Worker, Mental Health professional or a Registered Nurse (RN), or combination of the above, who are available to respond directly to 911 callers with non - emergent medical and psychosocial requests for service. Using a non -emergency response vehicle, FDCARES staff could respond to non -emergent callers within 20 minutes. FDCARES staff may deliver a wide range of services aimed at addressing clients' immediate and long-term medical and psychosocial needs. These services include medical stabilization, care navigation and coordination, transport to alternative care settings (e.g., urgent care, primary care, etc.), medication reconciliation, patient education, referrals to social services, and injury and illness prevention. When not responding to non -emergent 911 callers, FDCARES staff may proactively contact and deliver services to frequent 911 callers, frequent users of the ED, and individuals at high risk of hospital readmission. Adopting and integrating FDCARES into a fire department's existing response model improves emergency unit reliability and response times, reduces over -utilization of EMS and the associated costs, increases access to quality care, and improves outcomes for residents by ensuring they receive the right service, at the right time, in the right place, and in the right way. EXHIBIT D-2 130 COUNCIL AGENDA SYNOPSIS Initials Meetin Date Prepared by i gyor' re ieiv Countd review 1/13/20 BJM ITEM INFORMATION ITEM NO. Spec 2.A. SLAFF SPONSOR: B. MILES ORIG INAI. AGENDA DATE: 1/ 13/ 19 AGENDA ITEM Trrl_I? Review and Approval of Lodging Tax Funding Requests CATEGORY ® Dmussion g Date 01/13/20 Alt ® Motion A2tg Date 1/13/20 ❑ Re.rolution lltg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public• Hearing A1tg Date ❑Other Pltg Date SPONSOR ❑ Council ®Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PIYI SPONSOR'S The Lodging Tax Advisory Committee (LTAC) has forwarded two applications to SUMMARY the City Council for review. The City of Tukwila is requesting $133,000 to fund general operations for 2020. The City of Tukwila is also requesting $39,000 for a partnership with the Seattle Seawolves. Details on both requests can be found in the attached documentation. RI AVIEWED BY ❑ Trans&Infrastnicture ❑ CommunitySvs/Safety ❑ finance Com ® Planning/Economic Dev. ® LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADIvIIN• Mayor's Office COI\rnIrrrEE Unanimous Approval; Forward to Special Meeting Consent Agenda COST IMPACT / FUND SOURCE EYPL,M)ITURF, RL;QUIRI;D AMOUNT BUDGETED APPROPRIATION REQUIRED $172,000 $1,200,000 $ Fund Source: LODGING TAx FUNDS Comments: Lodging Tax Funds can only be used for tourism promotion related activites MTG. DATE RECORD OF COUNCIL ACTION 01/13/20 Forward to Special Meeting Consent Agenda MTG. DATE ATTACHMENTS 01/13/20 Informational Memorandum dated 12/30/19 City of Tukwila, Lodging Tax Application, General Operations City of Tukwila, Lodging Tax Application, Seawolves Partnership 131 132 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: December 30, 2019 SUBJECT: 2020 Lodging Tax Funding Requests ISSUE Review of two lodging tax funding requests from the City of Tukwila (the "City") related to general operations and a partnership with the Seattle Seawolves. BACKGROUND The City collects a 1 % lodging tax on certain qualifying overnight stays in paid accommodations (hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'. There is currently just over $1 million in lodging tax funds available for use. The City's Lodging Tax Advisory Committee (LTAC) reviews all requests, even by the City, for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount awarded2. The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly 1 RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." z On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: "When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty five days before final action on the proposal." 133 INFORMATIONAL MEMO Page 2 Pending Applications Following its December 19, 2019 meeting, LTAC has forward the following two applications from the City to the City Council for final action. LTAC recommends the applications be funded. 1. City of Tukwila, General Operations, ($133,000) The City is requesting funding for administrative, basic marketing, small event support, indirect cost allocation and other costs associated with the lodging tax fund and tourism promotion. The City uses these funds to support the lodging tax mission of bringing people to the City and marketing the City to visitors. The majority of funds being requested under this application are to support an existing .5 FTE in the Mayor's office. This is not a new position but is the existing Business Relations Manager position. Starting in 2019, this existing position funding was split between the lodging tax fund and general fund. In the past the position was funding 100% from the general fund. LTAC is continuing its support for the small grant program, which staff is working to promote in the community. 2. City of Tukwila Seawolves Partnership ($39,000) The City is requesting funding to partner with the Seattle Seawolves in 2020. The partnership will focus on creating a better fan experience, bringing fans to the City, and branding the City as the center of rugby in the Pacific NW. Additional items of interest in the partnership include: • Location of all home matches will say "Tukwila" and will not reference Seattle as the geographical location. This will also apply to press releases issued by the team. This is the same practice Seattle Sounders FC follows regarding the team training at Starfire Sports. This helps the City's overall digital footprint. • Ten one -hour player appearance are included in the contract. The City has paid for player appearance in the past and did individual contracts for each appearance. This streamlines administration for both the City and the Seawolves. • Promotional billboard on Root Sports TV. • Two away match viewing parties at a location in Tukwila (location and dates TBD). • A Seawolves fan day in Tukwila (date TBD). FINANCIAL IMPACT The total amount of funding requested from the lodging tax fund is $172,000. There are sufficient funds available in the lodging tax fund to pay the expenditures. RECOMMENDATION Staff recommends that the City Council approve the funding request, as recommended by LTAC. Staff suggests that the application be placed on the January 13 Special City Council meeting. ATTACHMENTS A. City of Tukwila LTAC Application, General Operations B. City of Tukwila LTAC Application, Seawolves Partnership 134 Staff Memorandum Lodgin_g Tax Advisory Committee Funding Request Name of Applicant: City of Tukwila, Office of Economic Development Address: 6200 Southcenter Blvd, Tukwila, WA 98188 Total Funds Requested: $133, 000 About the Applicant: The City of Tukwila is a non -charter City organized under the laws of the State of Washington. Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has always been a community at the "crossroads." Tukwila lies at one of the busiest freeway interchanges in Washington State. The City has a small bedtime population of just under 20,000. During the day the City's population swells to over 150,000 people, with people coming to the City to work, shop, dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly. The City is one of the most diverse cities in the country. Over 70 languages are spoken in the Tukwila School District. Many well-known businesses are based in Tukwila, such as BECU, Westfield Southcenter, Seattle Seawolves, Seattle Sounders FC, Top Pot Donuts, Pop Gourmet, and the Sabey Corporation. The City has over 2,000 hotel rooms and over 100 restaurants. Funds Previously Awarded: Last year the City was awarded $127,135 for its general administration costs. Funding Request Narrative: The requested funds are to provide funding for certain administrative costs incurred for operations related to operations and administration of the lodging tax fund. Funds will be used for office supplies, .5 FTE (wages and benefits) professional services, training and education, memberships, indirect costs, other incidental costs and to support small events within the City. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 135 lTi�kwila Staff Comments: These funds help the City administrator the lodging tax funds, including managing and overseeing contracts with third parties. Development of a website consistent the adopted City brand is overdue. There does not exist a website or social media platforms promoting the Tukwila brand. This will provide that opportunity. Consistency with Six Year Financial Model: The Six Year Financial Model reviewed by LTAC had shown a total, estimated cost for this application of just over $124,000. This application is higher than expected largely because of the reclassification of the business relations manager. Additionally, staff had initially suggested only have $30,000 of discretionary spending in 2020 in the Six Year Model, but is now proposing to maintain the 2019 level of $35,000 City of Tukwila Staff Recommendation to LTAC: Approval Notes: None. City of Tukwila 6200 5outhcenter Blvd. Tukwila, WA 98188 136 Application to the City of Tukwila for Use of 2020 Lodging Tax Funds Event or Activity Name (if applicable): General Administration, Small Marketing, Small Event Support, Indirect Cost Reimbursement, and labor. Amount of Lodging Tax Requested: $133,000 Applicant Organization: City of Tukwila, Mayor's Office Federal Tax ID Number: 91-6001519 Mailing Address: 6200 Southcenter Blvd Tukwila, WA 98188 Primary Contact Name: Brandon J. Miles Primary Contact Phone: (206) 431-3684 Primary Contact Email Address: Brandon.Miles@Tukwilawa.gov Check all the service categories that apply to this application: ✓ Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. ✓ Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) ✓ Municipality I am an authorized agent of the organization/agency applying for funding. I understand that: • 1 am proposing a tourism -related service for 2020. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. Wr'IIIb��a required to submit a report documenting economic impact results in a mined by the City. Signature: Dat : Brandon J. Miles 137 138 1) Describe your tourism -related activity or event. The City of Tukwila requests funding for 2020 for administration of the City's lodging tax fund, basic small marketing activities, office supplies, limited travel, professional services, small event support, reimbursement of the City's indirect charge, and labor (half time FTE). Funds for this application are used for general administration, staff time (half of an FTE), and related costs incurred by the City in managing its lodging tax program. In the past the funds for this application were used for the following activities intended to support the entire tourism program. • Office Supplies; • Professional Services; • Small Marketing Activities; • Small event support; • Training and Education; • Membership, Registration, and Subscriptions; • Parking, Travel, and Meals; and • Indirect Cost Allocation. • Small Event Support Last year LTAC approved $127,135 for the City's Administration application. Most of the increase for 2019 is related to cost increases in salary and benefits for the business relations manager position, which was reclassified by the City. The business relations manager is funded half by lodging tax and half by the City's general fund. This split is proposed to remain in 2020. The City is also requesting a charge for the City's indirect cost allocation. The lodging tax fund is one of several special revenue funds managed by the City of Tukwila. Under State Law, the City is permitted to charge special revenue funds for the indirect costs that are incurred by the general fund to support and maintain these special revenue funds. These costs include, but are not limited to, legal support, accounting, insurance, technology services, human services, and office administration. Activities that are needed to support the lodging fund. The City is also requesting small amount $8,000 for small sponsorship opportunities throughout the year that could help build the Tukwila brand and help enhance the tourist destination. For 2019, the City had success in using these funds to support marketing of an e-gaming event at Virtual Sports and supporting the food truck rallies at the Mall. In 2019, the City of Tukwila, Mayor's Office oversaw nearly $400,000 in lodging tax funds awarded to outside groups. Each award requires a contract and ongoing oversight by City staff. 2) If an event, list the event name, date(s), and projected overall attendance. 139 This request is not for a specific event. However, the application helps support the City's ability to use funds to support third parties and for the City to use lodging tax for possible events. Limited funds are also providing to help support small scale events and activities in the City. 3) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Both, the City uses its lodging tax funds to support marketing activities for both day and overnight visitors. These are for activities either done by the City or by third parties. In the past the City has used its lodging tax funds to support Seattle Southside Regional Tourism Authority; events such as the Rock 'N' Roll Marathon; the Backyard Wildlife Fair; and marketing activities at the Museum of Flight and Starfire Sports. Providing funding for outside organizations requires administrative support from several departments, including Finance, City Attorney, Technology Services, City Clerk, and Economic Development. Additionally, there are tourism related trainings, events, and memberships that the City would like to be part of. These activities help support the City's ongoing tourism efforts. 4) Describe why visitors will travel to Tukwila to attend your event/activity/facility. N/A The request is for funding to help support City's costs incurred by the City to administer the lodging tax fund and for expenses that are related to tourism. As discussed above, the lodging tax fund is used to support a variety of activities in the region, which bring both day and overnight visitors to the City. Costs associated, such as offices supplies, travel, parking, and education related to tourism and marketing should be charged to lodging tax and not the City's general fund. Having access to funds for small events allows the City to grow its "tourist infrastructure." 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). N/A. 6) Describe the prior success of your event/activity/facility in attracting tourists The City has a long history of success in using lodging tax funds to support a wide range of activities, including Seattle Southside Regional Tourism Authority, the Museum of Flight, Starfire Sports, and the Southwest King County Chamber of Commerce (now known as Seattle Southside Chamber of Commerce). 7) If this your first time holding the event/activity/facility provide background on why you think it will be successful. 140 N/A 8) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. N/A 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. N/A 10) Is the City able to use your digital and print media for collaborative marketing? N/A 11) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? N/A 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 0 b. Number of people who will travel fewer than 50 miles for your 0 event/activity. c. Number of people who will travel more than 50 miles for your 0 event/activity. d. Of the people who travel more than 50 miles, the number of people 0 who will travel from another country or state. e. Of the people who travel more than 50 miles, the number of people 0 who will stay overnight in Tukwila. f. Of the people staying overnight, the number of people who will stay in 0 PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. 141 g. Number of paid lodging room nights resulting from your proposed 0 event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) Special Note: The numbers provided above are direct estimates for this application. This application helps supports the City's efforts in funding activities by third parties. Combined, these third parties marketed the City to nearly 2 million people. For example, in 2018 Starfire Sports received $42,000 in lodging tax funds and nearly 1.2 million people visited the Starfire Sports campus. The ability to provide funding to these third parties could not occur without the City's ability to process contracts and provide payment, which is supported by this application. 13) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? As discussed above, the City uses its lodging tax funds to support a wide range of activities. In 2020, the City anticipates funding the City of Tukwila, SSRTA, the Museum of Flight, Starfire Sports, and other smaller activities. These funded activities have metrics, which the City will use for reporting purposes for this funding request. However, for reporting purposes the City report the metrics for these third party applications separately. Additionally, the City's efforts are intended to create a better tourist economy and encourage more organic visits to the City. These organic visitors are difficult to attract directly, but ultimately success can be tracked by increase sales at area businesses and increase revenue from hotels. No. 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? 15) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? No. 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? Total requested funding is $133,000 The following is the proposed budget for the campaign (note funds in rows 1-11 might be moved between budget rows, but won't exceed the total amount requested). Column Budget Item 2019 2020 Notes Approved Budget 142 Proposed Budget 1. Office Supplies $750 $750 This is for general offices supplies and for domain names holds the City has purchased. 2. Professional $11,000 $11,000 These funds are used Services to assist with tourism promotion activities that might arise during the year. For example, in 2019 funds were used for the creation of a quick guide on the City's brand, additional collateral for the tourism brand, and marketing materials the City created for the food truck rodeo. 3. Training and $6,000 $6,000 These funds are Education intended for staff and elected officials who might desire or need education or training for tourism related activities. 4. Memberships, $8,000 $8,000 Memberships could Registrations, and include: subscriptions. . Seattle Chamber of Commerce • Seattle Sports Commission 143 • Washington Tourism Alliance • WFEA • Others 5. LTAC Meetings $250 $0.00 Staff tries to minimize expenses for LTAC meetings; however, in some cases we need to rent a room and/or provide food for meetings. 6. Parking, Travel $1,000 $1,000 This is for staff, City and Meals Councilmembers, and LTAC members who might want to attend tourism related meetings in the region. Lastyearthis expense was charged to the general fund. 7. Small Event $8,000 $8,000 These funds are used Sponsorship to support small events and activities in the City. Some examples of use of the these funds in the past include supporting an e- gaming event at Virtual Sports, Seawolves player appearances, hosting a quarterly meeting of the Seattle Sports Commission in Seattle, 8. Sub -Total: $35,000 $34,750 144 9. Labor (wages) $55,547 $59,547 This is not a new position. Funding for 10. Labor (benefits) $17,847 $19,287 the Business Relations Manager will be split 50/50 between the general fund and lodging tax fund. The increase for 2020 is associated with a reclassification of the business relations manager and a cost living adjustment provided to all non - represented employees. 11. Sub -Total: $73,394 $78,834 12. Operations Total: $127,135 $133,000 All activities. It may be necessary to move funds between rows 1-11; however, the total expenditure will not exceed the total listed in row 12. 17) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? Without funding it would jeopardize the City's ability to process third party requests for lodging tax funding. Additionally, the City might choose to require the lodging tax fund to "pay as it goes" for support provided by the City. This could result in higher charges being imposed to the lodging fund. Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, 145 Brandon.Miles@Tukwilawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon.Miles@Tukwilawa.gov. Updated: December 17, 2019 146 DRAFT City of Tukwila General Administration 2020 Scope of Services As outlined the budget above, funds will be used for the following activities intended to support the operations of the lodging tax fund: 1. Purchase of office supplies; 2. Hiring of professional services, as needed (not project specific); 3. Training and Education for City staff, City elected officials, and LTAC members; 4. Membership, Registrations, and Subscriptions for the City; 5. Parking, Travel, and Meals 6. Indirect Cost Allocation 7. Staff costs (wages and labor) S. Small Event Support and Sponsorship Note, funds may be moved between the categories, but the total expenditure will not exceed $1.33,000. 147 um (�TinkWila Staff Memorandum Lodging Tax Advisory Committee Fundin_g Request Name of Applicant: City of Tukwila, Office of Economic Development Address: 6200 Southcenter Blvd, Tukwila, WA 98188 Total Funds Requested: $39,000 About the Applicant: The City of Tukwila is a non -charter City organized under the laws of the State of Washington. Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has always been a community at the "crossroads." Tukwila lies at one of the busiest freeway interchanges in Washington State. The City has a small bedtime population of just under 20,000. During the day the City's population swells to over 150,000 people, with people coming to the City to work, shop, dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly. The City is one of the most diverse cities in the country. Over 70 languages are spoken in the Tukwila School District. Many well-known businesses are based in Tukwila, such as BECU, Westfield Southcenter, Seattle Seawolves, Seattle Sounders FC, Top Pot Donuts, Pop Gourmet, and the Sabey Corporation. The City has over 2,000 hotel rooms and over 100 restaurants. Funds Previously Awarded: This is a new application, for a new initiative. Funding Request Narrative: The City is requesting funding to partner with the Seattle Seawolves in 2020. The partnership will focus on creating a better fan experience, bringing fans to the City, and branding the City as the center of rugby in the Pacific NW. Specific work items are found in Exhibit "A" of the application. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 149 ()Tl4kWi)A Staff Comments: This application helps build Tukwila's brand as the epicenter of rugby in the Pacific NW. The Seawolves have a strong brand, that is consistent with the City's brand, both in its goal and target audience. Consistency with Six Year Financial Model: For 2020, the Six Year Financial Model shows the City spending $150,000 for major sponsorship, such as this. There will be sufficient funds remaining in the budget for other 2020 sponsorships. Additionally, there are sufficient funds in the lodging tax fund to support the City's request. City of Tukwila Staff Recommendation to LTAC: Approval Notes: None. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 150 Application to the City of Tukwila for Use of 2020 Lodging Tax Funds Event or Activity Name (if applicable): Seattle Seawolves Partnership Amount of Lodging Tax Requested: $39,000 Applicant Organization: City of Tukwila, Mayor's Office Federal Tax ID Number: 91-6001519 Mailing Address: 6200 Southcenter Blvd Tukwila, WA 98188 Primary Contact Name: Brandon J. Miles Primary Contact Phone: (206) 431-3684 Primary Contact Email Address: Brandon.Miles@Tukwilawa.gov Check all the service categories that apply to this application: ✓ Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. ✓ operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) ✓ Municipality I am an authorized agent of the organization/agency applying for funding. I understand that: I am proposing a tourism -related service for 2020. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • y a en ill be required to submit a report documenting economic impact results in a determined by the City.— / i J Sign ture: Date: Brandon J. Miles 151 152 1) Describe your tourism -related activity or event. The City of Tukwila (the "City") is requesting lodging tax funds to partner with the Seattle Seawolves for the team's 2020 season. The Seattle Seawolves are a professional rugby team in Major League Rugby (MLR). The team trains and plays all of their home games at Starfire Sports in Tukwila. The Seawolves are the most successful and dominate team in MLR. The team has won the last two MLR Championships. MLR is growing, with three new teams coming online in 2020 and another new team coming online in 2021. Rugby as a whole is growing in popularity in the United States. Over the last two years, every MLR home game hosted by the Seawolves has sold out, with nearly 4,000 people attending each match. The Seawolves also have a very strong digital following and a growing brand identity in the Seattle metro region. For 2020, the City would like to partner with the Seawolves on initiatives that focus on three distinct areas: 1. Drive Heads in Beds. Tukwila hotels will be the official hotel for away teams for the 2020 season. Additionally, the City will work to drive hotel stay for fans visiting from out of town. 2. Drive More Traffic to Area Businesses. With nearly 4,000 people coming to every home games the City wants to work with the Seawolves to drive visitors to area restaurants and retail establishments. Additionally, the City wants to bring fans down to the City on non -home games for events. 3. Building the Tukwila Brand. The Seawolves have a strong and growing brand in the Seattle region. Additionally, the Seawolves have a very strong brand following by millennials and families, part of the City's overall target audience for branding. The City's internal brand essence is "Accessible Fun." The Seawolves games are easily "accessible fun." The game are reasonably priced, fun, and safe for families. The City also has an opportunity to build a rugby brand for the City. Like we have done for soccer, Tukwila could be known as the epicenter of soccer in the Pacific NW. Supporting the Seawolves can help attract more rugby matches to the City. Pages 9-10 of Exhibit "A" of the proposal outlines specifics of the partnership. 2) If an event, list the event name, date(s), and projected overall attendance. Multiple dates. The Seawolves have multiple home games at Starfire Stadium in Tukwila. Additionally, the City is going to work with the Seawolves to create several "fan days" in Tukwila. These would be days where fans can wear their Seawolves clothes and get deals and specials at Tukwila stores. The City is also going to work on creating viewing parties for away games. All of the events are intended to bring fans into the City. 153 3) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Both, both directly and indirectly by building a rugby brand. 4) Describe why visitors will travel to Tukwila to attend your event/activity/facility. The Seawolves have been playing in Tukwila for the last two seasons. Each game is sold out, with nearly 4,000 rugby fans attending the games. Last year the City partnered with the Seawolves on two international matches. As part of these matches the City and Westfield Southcenter hosted a fan event before one of the games. This fan event was well attended. The Seawolves team has a loyal fan following. 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). Regionally. Most fans are located within the Greater Seattle region. Home games may also produce a small number of traveling fans from throughout the United States. These homes games would also generate hotel stays by the away team. The Seawolves are also bringing in two exhibition games with a team from Canadian and one from New Zealand. Besides attendance at games, the City is also hoping to get branding exposure with the Seawolves. 6) Describe the prior success of your event/activity/facility in attracting tourists The Seawolves have shown the ability to bring fans to the City. Last year the City partnered with the Seawolves on two international matches. Both games were well attended. 7) If this your first time holding the event/activity/facility provide background on why you think it will be successful. N/A 8) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. The City will utilize the Seawolves digital and social media for promotion. The City will bring in additional partners and these partners would be required to also promote various events, such as the fan day event or viewing parties. 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. Various ways, through digital media and by hosting specific events. 154 Yes. 10) Is the City able to use your digital and print media for collaborative marketing? 11) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? Yes. In fact, as part of this agreement the Seawolves will convert to most of their marketing utilizing the "Tukwila" name in lieu of saying "Seattle." 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 40,000 b. Number of people who will travel fewer than 50 miles for your 32,000 event/activity. c. Number of people who will travel more than 50 miles for your 8,000 event/activity. d. Of the people who travel more than 50 miles, the number of people 2,000 who will travel from another country or state. e. Of the people who travel more than 50 miles, the number of people 400 who will stay overnight in Tukwila. f. Of the people staying overnight, the number of people who will stay in 400 PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. g. Number of paid lodging room nights resulting from your proposed 200 event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 13) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? These are estimates based upon a variety of factors, including fan attendance at games, fan attendance at special events, overnight stays by the away teams, etc. The numbers provided are for actual, estimated attendance and do not include media exposure. 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? 155 M "076 15) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? The total request is $39,000 for a variety of items. See page @ of the attached exhibit "A". 17) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? If on funding is occurred the games would still occur in the City. However, the special events, such as the fan day likely would not. The City would also not get social media exposure. Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, Brandon.Miles@Tukwilawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon.Miles@Tukwilawa.gov. Updated: December 17, 2019 156 Scope of Services See Exhibit "A" for DRAFT Services. The City and Seawolves will negotiate final agreement. 157 158 me a mom I . - F P4 T t la, :1fs •i _Ri• +.' rIAA"t • rt t I b �f }� fj. ,� y �9..' Y n i'� �� i ��• _J' , `Y �* ?• �'1 •�Clr�� j•!•r�Il ..y�.� a y7 o"*4r�, o fly• �J ,t. 1 1 r r�; • . a��►l v � •�� 1 1- ••iil,��+ P =/ �". .•'.��' , � � '1 Crj,��: � �' ,,% f 1 y • r � r r 'r�. e� _ ire r `Y IT • ��P 1 C1 / 1 v �'' 6 {. �•. 1 7 'v� - , �• ? ! , q'+ 1 ;p•4. _ �/ ,_ •1 1 -�� "t G 1`� �i '! 4 � r .. n, t+�, �^ i,'1-t4 s�_ 1• �� . (fit 11r, i�� _ t � .�. ', .. t � Mr+� .l.i'�;Iiry,�j,Qti,1, �..,,. I ,�,r• iy ! ' ,` • "f'.r,r.,,,M,.d 4 SEAT I&E SEANlALVES 2019 - Defended the shield - 2018 & 2019 Major League Rugby Champions - Sold out every home game in our history - Lead MLR in all key partnership metrics At PROFESSIONAL RUGBY IN SEATrLE The Seattle Seawolves are one of seven (7) teams that launched the inaugural season of a brand-new professional rugby league in the U.S. — Major League Rugby — in 2018. The league expanded to nine (9) teams for the 2019 season and is expanding to twelve (12) teams for the 2020 season. Major League Rugby is an initiative driven by existing USA Rugby-mernber teams, in partnership with private investors who believe that American rugby can thrive at the highest levels: as a commercial enterprise; as an influential player on the international rugby scene; and as a participation sport at the youth and senior levels. Rugby's international appeal is saturating U.S. markets. Rugby's return to the Olympics drew 16.8 million new fans to the sport worldwide, and in the fall of 2019, Japan hosted the Rugby World Cup. PAGE 3 MAJOR LEAGUE RUGBY TEAMS m S 45 6 SERYES 4D RU RUGBYATL Ll OUR MISSION The Seattle Seawolves strive to be a top tier team that supports the community and advances the growth of rugby both on and off the pitch. OUR PILLARS FAMILY TRADITION RESPECT INCLUSION � _r ARFIRE ST'ADMI MSEL�YIVIULV/ Fs 1 ' / - STATE-OF-THE-ARTDURASPINEPRO TIA FIELDTURFO / , 'RESS BOXWITH WI-FI AND SATELLITEACCESS - FULL SCOREBOARD WITH VIDEO CAPABILITIES - 3,100 SEATS / 4, 0 0 0 SPECTATOR CAPACITY - TUKWILA, WA r �W4 d) 0') TUKIMLA PARTNERSHIP PROPOSAL Seawolves to provide: • Promotional use of Seawolves marks / images • Presenting Match Partner of 1/26/20 exhibition match vs. the Tasman Mako and one (1) Seawolves home regular season match at Starfire Stadium in Tukwila • Includes "presented by" logo exposure & tag on all match day communications as well as the opportunity to communicate "Stay and Play" messaging / coupon • Presenting partner of halftime activity (Think "Drop Kick Challenge brought to you by the City of Tukwila") at match • Seawolves will work with Tukwila on preferred date and match theme (i.e. Pride Match) for regular season match • Location of all home 2020 matches to reference "Tukwila" • All press releases and social media posts will say "Tukwila" and/or be tagged with Tukwila's official social media handle(s) as the location of 2020 home matches • All 2020 visiting teams will stay at a TBD Hotel in Tukwila • One (1) 15-second PA announcement w/ Tukwila logo on videoboard at each 2020 home match • Ten (10) one -hour Seawolves Player appearances in 2020 • Dates and times of player appearances to be mutually agreed upon • Seawolves Players to appear / participate in a Tukwila promotional video • Tukwila to provide production of promotional video • One (1) ROOT Sports TV billboard per home ROOT Sports broadcast • Includes 8 seconds of copy and logo exposure • Four (4) tickets to each 2020 home match • One (1) parking pass for each 2020 home match • Four (4) post -match VIP party passes to all 2020 home matches • Post -match VIP party includes meet and greet of Seawolves and visiting teams at Starfire Stadium TUKWILA PARTNERSHIP PROPOSAL (continued) Seawolves to provide (continued). - Two (2) 2020 away match viewing parties @ Tukwila bar or restaurant locations Tukwila location(s) to air Seawolves away match on multiple TVs with audio Seawolves to promote viewing party location(s) to fans via email and social and will provide: • Minimum of one (1) Seawolves Player • Seawolves Mascot (Rucky) • Seawolves gear for giveaways • MLR Championship Shield Seawolves fan day or days in Tukwila. Tukwila will line up mutually agreed upon businesses to offer discounts to fans wearing Seawolves gear. • Seawolves will promote fan day(s) via social and email on 1-2 occasions in 2020. City of Tukwila to provide: • $39,000 net cash (to be paid in two equal installments — 3/1/20 & 6/1/20) • Promotion of partnership (when available throughout the 2020 season) on digital billboard located @ South 180'h Street & West Valley Highway • Seawolves are happy to provide approved creative & copy • Opportunity for 1-2 Seawolves pop-up retail opportunities @ Southcenter Mall in 2020 • Seawolves to operate and provide all necessary staffing, gear, etc. • Introduction to Airmark Apartments contact for potential Seawolves Player lodging THANK YOU SHANE SKINNER Co -Founder & Director Shane SeattleSeawolves.com Chief Commercial Officer Iin(MeattleSeawolves.com Director of Partnerships Dillon(cDSeattleSeawolves.com UPCOMING MEETINGS AND EVENTS JANUARY 2020 JAN 13 MONDAY JAN 14 TUESDAY JAN 15 WEDNESDAY JAN 16 THURSDAY JAN 17 FRIDAY JAN 18 SATURDAY Civil Service : Tukwila TRANSPORTATION Commission International DROP -IN 5:00 PM Boulevard Action • • Conversation on Human Resources Committee Talk to representatives from Homelessness Conference Room 7:00 PM County Metro's ORCA Join Action Tukwila for a y View Sewer o- Go, King County Public To -Go, special edition of the District Health's Access and monthly meeting. Planning & Economic 3460 S 148�^ St Outreach, South King Featuring a roundtable on Development County Transportation homelessness, with a Committee Options and Hopelink to special focus on the 5:30 PM learn about riding the light problem of housing Hazelnut Conference rail, bus or bicycle, shuttles, instability in Tukwila. A Room or to get an ORCA card panel of speakers will make a short presentation 1:30 PM — 3:30 PM to start the meeting, and Tukwila Library then take questions from City Council 14380 Tukwila Intl Blvd the audience. Committee of the 7:00 PM-8:30 PM Whole Meeting 7:00 PM Valley View Sewer Council Chambers District 3460 S 148th St C.O.W. Meeting to be For more information, visit immediately followed www.actiontukwila.org. by a Special Meeting. QTmLia HSO iEil -T y 7:00 PM Tukwila Heritage & Cultural Center 14475 591 Ave S JAN 20 MONDAY JAN 21 TUESDAY JAN 22 WEDNESDAY JAN 23 THURSDAY JAN 24 FRIDAY JAN 25 SATURDAY '. Arts Commission : Planning No Meeting 6:00 PM Commission Scheduled Community Center 6:30 Pm r at Council Chambers l� City Offices and Community Center closed. _ SNOW SCUIPiURE CON(ESl j� Who can build the most creative snowman, snow animal or snow fort? Each time the Tukwila School District cancels school due to snowy weather, _ - City of Tukwila staffwill be on the lookout for Tukwila's most unique snow sculptures. Take a photo of your snow creation in Tukwila, take a photo, use r-' _ the hashtag #TukwiIaSNOW and you will automatically be entered to win a $25 gift certificate that can be used towards 2020 recreation programs. .� __ We will give out 1 gift certificate each time school is cancelled. LET THE SNOW GAMES BEGIN!! o. Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206-431-2187. r COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197. Community Services and Safety Committee: 2nd & 4th Mon., 5:30 PM, 6300 Building Suite 100 - Foster Conference Room. Contact Laurel Humphrey at 206-433-8993. Equity and Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conference Room. Contact Niesha Fort -Brooks at 206-454-7564. Finance Committee: 2nd & 4th Mon., 5:30 PM, City Hall — Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. Library Advisory Board: 1 st 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 and Economic Development Committee: 1st & 3rd Mon., 5:30 PM, City Hall — Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. Planning Commission I Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. (1A) Applications for Lodging Tax funds: $133,000 for general operations and $39,000 for Seattle Seawolves partnership. (18) Update on Economic Development Work Plan for 2020. Transportation and Infrastructure Committee: 1st & 3rd Mon., 5:30 PM, 6300 Building Suite 100 - Foster Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A) Public Works Fleet & Facilities Building and Minkler Improvements Overview. (2B) Seattle City Light Temporary Construction Permit for Public Works Fleet & Facilities Building. (2C) Public Works Overview. (21)) Capital Improvement Program Projects and Flood Prevention (Surface Water Utility Enterprise Fund). Tukwila Historical Society: 3rd Thurs,, 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59" Avenue S. Contact Louise Jones -Brown at 206-244-4478. Tukwila International Boulevard Action Committee: 3rd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Bruce Linton at 206-433-1815. r Tentative Agenda Schedule MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — MONTH REGULAR C.O.W. REGULAR C.O.W. January 6 13 20 27 See this week's agenda Special Presentation packet cover sheet for the NO MEETING SCHEDULED Public Safety Plan art agenda: January 13, 2019 Committee of the Whole C.O.W. Meeting to be followed by a Meeting Special Meeting. Consent Agenda An ordinance amending the Traffic Impact Fee Schedule 2020. Authorize the Mayor to sign a contract with Allstream for Cloud PBX Services in the amount of $180,000. Unfinished Business A contract with Tri-Med for Ambulance Services. MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — MONTH REGULAR C.O.W. REGULAR C.O.W. February 3 10 17 24 Appointments Special Presentation C.O.W. Meeting to be Reappointment to the Equity 2019 Tukwila Green Works NO MEETING SCHEDULED followed by a and Social Justice award for Business Recycler Special Meeting. Commission. of the Year. Consent Agenda Special Issues Authorize the Mayor to sign A resolution for House Bill Amendment #6 to Contract 1406: Affordable Housing #17-068 with Weinstein AU Sales Tax Revenue. LLC for the Public Safety Plan: Fire Stations 51 and 52 in the amount of $67,059, 170