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City of Tukwila
Finance Committee
Verna Seal, Chair
Kathy Hougardy
Zak Idan
Distribution:
V. Seal
K. Hougardy
Z. Idan
D. Quinn
K. Kruller
T. McLeod
C. Delostrinos Johnson
Mayor Ekberg
D. Cline
R. Bianchi
C. O’Flaherty
A. Youn
L. Humphrey
AGENDA
MONDAY, OCTOBER 26, 2020 – 5:30 PM
HAZELNUT CONFERENCE ROOM
(At east entrance of City Hall)
THIS MEETING WILL NOT BE CONDUCTED AT CITY FACILITIES
BASED ON THE GOVERNOR’S PROCLAMATION 20-28.
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
MEETING IS: 1-253-292-9750, Access Code 897717794#
Item Recommended Action Page
1. BUSINESS AGENDA
a. A contract for 2021-2022 City Attorney services .
David Cline, City Administrator
b. A contract for 2021-2022 Prosecution services.
David Cline, City Administrator
c. A contract for 2021-2022 Public Defense services .
David Cline, City Administrator
d. Tax levy legislation:
(1) An ordinance levyi ng the general taxes for the City
commencing 1/1/2021.
(2) An ordinance relating to the limiting factor for the
regular property tax levy above the rate of inflation
(implicit price deflator).
(3) An ordinance increasing the regular tax levy commencing
1/1/2021.
Vicky Carlsen, Finance Director
e. Budget legislation:
(1) An ordinance adopting the 2021-2022 Biennial Budget.
(2) A resolution adopting the Financial Planning Model and
CIP (Capital Improvement Program).
(3) An ordinance amending the 2019-2020 Biennial Budget.
Vicky Carlsen, Finance Director
f. Land acknowledgement practice.
Laurel Humphrey, Legislative Analyst
2. MISCELLANEOUS
a. Forward to 11/16 Consent
Agenda.
b. Forward to 11/16 Consent
Agenda.
c. Forward to 11/16 Consent
Agenda.
d. Forward to 11/9 C.O.W. for
Public Hearing and 11/16
Regular Meeting.
e. Forward to 11/9 C.O.W. for
Public Hearing and 11/16
Regular Meeting.
f. Committee consideration/
decision.
Pg.1
Pg.13
Pg.25
Pg.37
Pg.49
Pg.59
Pg.71
Next Scheduled Meeting: Monday, November 9, 2020
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Finance Committee
FROM: David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: October 19, 2020
SUBJECT: Contract for City Attorney Services
ISSUE
The current contract for City Attorney Services provided by Ogden Murphy Wallace expires
December 31, 2020. The proposed contract for 2021-2022 is attached.
DISCUSSION
Ogden Murphy Wallace began providing City Attorney Services to the City of Tukwila in April
2020. Under the proposed contract, general City Attorney services are maintained at 28 hours
per week at the flat monthly rate of $33,000 per month; while litigation, contested
administrative proceedings and special services are subject to prior approval and are billed at
the hourly rates of the staff involved. Hourly rates are listed in Exhibit B to the contract.
RECOMMENDATION
The Committee is being asked to move this contract forward to the consent agenda of the
November 16, 2020 City Council Meeting for approval and authorization for execution by the
Mayor.
ATTACHMENTS
Draft 2021-2022 Contract for Legal Services
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2
KARI L. SAND
206.447.2250
ksand@omwlaw.com
October 15, 2020
SENT VIA E-MAIL ONLY
Mayor Allan Ekberg
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Allan.Ekberg@TukwilaWA.gov
Re: Engagement Letter for City Attorney Services through December 31, 2022
Dear Mayor Ekberg:
My team at OMW and I appreciate the opportunity to be of continued service as City Attorney for the
City of Tukwila from January 1, 2021 through December 31, 2022. The purpose of this letter is to
confirm how our services will be provided.
Terms of Engagement
In our representation of clients, we think it is critical that our clients and the firm share the same
understanding of the attorney-client relationship. To that end, enclosed is a copy of our Standard
Terms of Engagement. The Terms of Engagement describe more particularly how we will serve you.
This engagement letter and the Terms of Engagement set forth our agreement with you.
Please review them carefully and if you understand and agree to both documents, please sign the
enclosed copy of this letter where indicated and return it to us. Please let us know if you have any
questions or comments regarding our relationship.
Legal Fees
We will provide city attorney services up to approximately 28-hours per week, consistent with Exhibit
A, the Scope of Services. I will serve as City Attorney and will be available, either in-person or
remotely, as needed and consistent with COVID-19 protocols. Further and consistent with the
COVID-19 phased re-opening plan, I will be on-site at Tukwila City Hall on Mondays and Tuesdays,
as reflected in greater detail in the table on the next page, and Member Daniel Kenny and Associates
Emily Miner and Andrew Tsoming will be otherwise available, either on-site or remotely, as
appropriate. Invoice statements will be sent monthly via regular mail or e-mail, unless you request
otherwise. As supervising attorney, I will be responsible for seeing that the work is carried out in an
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Mayor Allan Ekberg
October 15, 2020
Page 2
efficient and economical manner. I will be assisted by other attorneys and legal assistants in our
office. They are all bound to you by the same duties of loyalty and confidentiality that binds me.
Hours of Work Staffing Model Rate
Member: 2 Days / Associate: 1.5 Days
8-hrs/day M, Tu
(16 hours),
plus 12 hours
(28-hrs per week)
KLS: 2 days (Mon / Tu)
DPK, EFM or ADT: ~1.5 days
(flexible)
Flat monthly rate of
$33,000 for general
services; other fees
anticipated, as
explained below.
The flat monthly billing rate will be $33,000 per month for City Attorney “General Services,” as
specified in Exhibits A (Scope of Services) and B (Compensation and Method of Payment). For
representation on “Separate Services,” such as administrative and judicial appeals, litigation, and
other project/site-specific land use work, as specified in Exhibits A and B, the Member billing rate
will be $350 per hour, and the Associate billing rate will be $275 per hour. For representation on
“Special Services” that are eligible for reimbursement to the City from an applicant (e.g., franchise),
as well as telecommunications work (e.g., small cell ROW agreements, pole leases, etc.) will be billed
at $385 per hour for Members and $285 per hour for Associates. We will not bill for travel time to
and from Tukwila City Hall. Travel to other locations for City-related business outside of regular
office hours will be billed at applicable hourly rates (e.g., travel to the Kent Regional Justice Center
or the King County Courthouse for the Friday motion calendar).
We appreciate your expression of confidence in Ogden Murphy Wallace, P.L.L.C. and would like to
assure you that we will do our best to provide you with high quality legal services. If you have any
questions or concerns during the course of our relationship, we encourage you to raise them with me
or our Managing Member, Geoffrey J. Bridgman or our Chair, Donald W. Black. If you agree with
the provisions of this engagement letter and the attached Terms and Conditions, please sign where
indicated below and return to me. We look forward to working with you.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
Kari L. Sand
KLS:kco
Enclosure – OMW Standard Terms of Engagement
cc: Vicki Carlsen, Finance Director
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Mayor Allan Ekberg
October 15, 2020
Page 3
I HEREBY ACCEPT AND AGREE TO the foregoing letter and the attached Standard Terms of
Engagement this ______ day of October, 2020.
By:________________________
Print Name: Allan Ekberg
Its: Mayor
Date:_______________________
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Mayor Allan Ekberg
October 15, 2020
Page 4
OGDEN MURPHY WALLACE, P.L.L.C.
STANDARD TERMS OF ENGAGEMENT
General Rates
The usual basis for determining our fees is the time expended by attorneys and paralegals of the
firm. The rates for our services presently range from $170 to $515 per hour and change from time
to time without notice, usually in January; however, our current rates are locked in until December
31, 2022. Our current rate schedule is always available upon request. Whenever it is appropriate,
we will use associate attorneys, law clerks or legal assistants in our office to keep your costs as
low as possible.
Other Factors in Rates
Although time expended and costs incurred are usually the sole basis for determining our fees, by
mutual agreement billings to you for legal services may, in some instances, be based on a more
comprehensive evaluation of the reasonable value of the firm's services. The firm is committed to
charging reasonable fees for its services. In certain situations, factors other than the amount of
time required will have a significant bearing on the reasonable value of the services performed.
Such factors include: the novelty and complexity of the questions involved; the skill required to
provide proper legal representation; familiarity with the specific areas of law involved; the
preclusion of other engagements caused by your work; the magnitude of the matter; the results
achieved; customary fees for similar legal services; time limitations imposed by you or by
circumstances; and the extent to which office forms and procedures have produced a high quality
product efficiently.
In circumstances where our fees will be based on or include factors other than our normal hourly
charges and costs, we will notify you promptly and prior to proceeding. Any basic document fee
that we may charge in your business matters has been and will be set in light of these various
factors.
Billing Fees and Costs
The City will not be charged for normal clerical or secretarial work, the expense of which has been
calculated into our hourly rates for attorneys. Reimbursement will be made by the City for
expenditures related to court costs and fees, copying, postage, computer-aided legal research when
conducted on behalf of the City, mileage, and parking. Other expenses shall be reimbursed when
authorized in advance by the City.
We will bill the City monthly for services performed. Our bill will show the service provided, the
date, the person providing the service, and the time expended in tenths of an hour.
We will work with the City to develop and implement a billing and invoicing framework that meets
the City’s needs. At the City’s preference, individual billing numbers can be established for each
department, as well as for any specialty matter (e.g. litigation, contract negotiations, etc.) that arises.
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Mayor Allan Ekberg
October 15, 2020
Page 5
Legal services would be billed monthly, and each invoice would include a billing narrative for every
time entry sensitive to protecting the attorney/client privilege.
Payment; Interest
You agree to make payment within thirty (30) days of receipt of our monthly statement.
Outstanding balances that are not paid when due will accrue interest at the rate of one percent
compounded monthly from the date of invoice until paid.
Termination
You may terminate our representation at any time, with or without cause, by notifying us. Upon
such action, all fees and expenses incurred before the termination are due to the firm. If such
termination occurs, your original papers will be returned to you promptly upon receipt of payment
for outstanding fees and costs. If you wish to have a paper or electronic copy of your file at the
conclusion of our representation, we will provide it to you at the current copy rate per page then
in effect.
Confidentiality and Electronic Communications
We owe a duty of confidentiality to all of our clients. Accordingly, you acknowledge that we will
not be required to disclose to you, or to use on your behalf, any information in our possession with
respect to which we owe a duty of confidentiality to another current or former client. In addition,
unless you advise us to use some other form of communication, we intend to use various
communications devices in the normal course (which may include wired or wireless e-mail,
cellular telephones, voice over Internet and electronic data/document web sites) to communicate
with and send or make available documents to you and others. Absent special arrangements or
circumstances, we do not employ encryption technologies in our electronic communications.
Although there is some security risk with the current technology, we believe the benefits from
using this technology outweigh the risk of accidental disclosure. By agreeing to engage us as your
attorneys, you consent to the use of these communication methods without encryption.
Dispute Resolution
If you disagree with the amount of our fee, please take up the question with your principal attorney
contact or with the firm’s Managing Member. Typically, such disagreements are resolved to the
satisfaction of both sides with little inconvenience or formality. Any disputes relating to these
Terms of Engagement or the accompanying engagement letter (collectively this “agreement”) or
the amount of legal fees related thereto, will be submitted to arbitration through the American
Arbitration Association (the “AAA”) in Seattle, Washington, according to its then-effective rules, and
Ogden Murphy Wallace, P.L.L.C., and you agree to be bound by the results of such arbitration. Please
be aware that by agreeing to arbitration, you are waiving the right to a trial by jury and your right to
appeal, that the arbitrator will be bound by the AAA rules and not by state or federal law, and that
discovery will be limited to what is allowed under the AAA rules. Arbitration fees and expenses shall
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Mayor Allan Ekberg
October 15, 2020
Page 6
be borne equally by the parties. In the event of non-payment such that we pursue collection of your
account, you agree to pay the costs of collecting the debt, including court costs and fees, and a
reasonable attorney’s fee.
Withdrawal
We reserve the right to withdraw from representing you if, for any reason, our fees are not timely
paid in accordance with this agreement, or for any other appropriate cause, as determined by the
firm in accordance with applicable law and the Rules of Professional Conduct.
Disclaimer
You acknowledge that we have made no guarantees regarding the disposition, outcome, or results
of your legal or business matters, and all expressions we have made relevant thereto are only our
opinions as lawyers based upon the information available to us at the time. Our beginning work
on your behalf will constitute your acceptance of this agreement unless we receive a written
objection from you within ten (10) days of the date of the accompanying engagement letter.
Independent Advice
Since the Engagement Agreement is legally binding and affects your legal rights, you may wish to
seek the advice of independent counsel prior to executing it.
Conclusion
Thank you for retaining our firm. We look forward to working with you.
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Mayor Allan Ekberg
October 15, 2020
Page 7
EXHIBIT A-SCOPE OF SERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in-house city attorney working approximately 28 hours per week. Kari L. Sand is
the designated member of Ogden Murphy Wallace that will serve as the City Attorney. Any
changes in this position must be approved in advance by the City.
1.Flat Rate Fee for City Attorney General Services
Contractor agrees to provide general city attorney services, for a flat fee, including but not
limited to:
A. Attending regular meetings of the City Council and executive sessions scheduled for
regular meetings of the City Council and, upon request, attending special meetings of
the City Council, meetings of the Committee of the Whole, other Committee meetings,
and meetings of City Boards and Commissions.
B. Preparation and/or review of contracts, interlocal agreements, resolutions and
ordinances and other city documents or materials as requested.
C. Practice "preventative law" in the form of regular consultation with Mayor, City
Councilmembers, City Administrator and staff.
D. Except as set forth in Section 2, defend and manage (for WClA-related matters)
litigation brought against the City.
E. Providing legal advice relating to the Public Records Act and public records requests,
including review and redaction of records and preparation and review of exemption
logs, as requested.
F. As requested, providing special classes and/or seminars for staff, elected officials,
Boards, and Commissions on issues including, but not limited to, the PRA, OPMA,
ethics, conflicts of interest, and the appearance of fairness doctrine.
G. Such other general city attorney matters as are assigned,
H. Work up to approximately 28 hours/week and work on-site Mondays and Tuesdays
(approximately 16 hours) at City Hall.
I.Maintain comprehensive Internet and remote access capability, including e-mail, linking
Contractor's office with City Hall.
J. It is incumbent upon the City, in partnership with the City Attorney, to manage the
general services within the estimated 28-hour work week staffing model.
2.Provide City Attorney Separate Services for litigation and contested administrative
proceedings, which include but are not limited to:
A. Each individual civil action filed by or against the City, except matters for which WCIA
has assigned primary, lead defense counsel, which the City Attorney shall manage as
part of general city attorney services, and except that multiple condemnation lawsuits
related to the same project shall constitute only one Separate Matter;
B. All Code Enforcement matters conducted before the Hearing Examiner or in Court, but
not including general code enforcement services, which shall be included in
Contractor's flat monthly fee;
C. All significant projects which require specialized knowledge and hours expended
outside of the regular office hours for that attorney, including but not limited to
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Mayor Allan Ekberg
October 15, 2020
Page 8
franchise negotiations and telecommunications (small cell ROW agreements, pole
leases, etc.), which are Special Services; and
D. All drug or other forfeiture matters collectively filed by or against the City.
For each such Separate Matter, Contractor shall be paid hourly rates for 2021-2022 as set forth in
Section 2 of Exhibit B.
3. Provide City Attorney Special Services, which include but are not limited to:
Other specialized municipal law services, including but not limited to franchise
negotiations and telecommunications work (e.g., small cell ROW agreements, pole leases,
etc.); provided, however, that any such Special Services shall first be authorized by the
City, and for each such Special Services matter, Contractor shall be paid hourly rates for
2021-2022 as set forth in Section 3 of Exhibit B.
It is understood and agreed that the City Attorney shall not provide private legal services to
any employee of the City of Tukwila during the term of this agreement.
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Mayor Allan Ekberg
October 15, 2020
Page 9
EXHIBIT B-COMPENSATION AND METHOD OF PAYMENT
1. City Attorney General Services. For 2021-2022, all city attorney general services set
forth in Section 1 of Exhibit A, Contractor shall be paid a flat monthly fee of $33,000, plus
extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition
and other discovery costs, parking, mileage costs other than to and from City Hall or other
locations within the City, and other similar expenses advanced by Contractor on City's
behalf. Extraordinary expenses shall not include routine photocopying, fax, or long-
distance telephone charges.
2. City-Attorney-Separate Services. All litigation and administrative proceeding services
set forth in Section 2 of Exhibit A shall be considered Separate Services. Contractor shall
maintain its current practice of providing individual monthly billing statements for each
Separate Services matter, and for all other work billed hourly pursuant to this Agreement.
2021-2022 Hourly Rates for Separate Services (Section 2)
Member $350/hour
Associates $275/hour
3. City Attorney Special Services. Special Services shall first be authorized by the City, For
each Special Services matter, Contractor shall be paid hourly rates for 2021-2022 as set
forth below.
2021-2022 Hourly Rates for Special Services (Section 3)
Member $385/hour
Associates $285/hour
Paralegal services for all matters will be billed at $140/hour.
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Finance Committee
FROM: David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: October 19, 2020
SUBJECT: Contract for Prosecution Services
BACKGROUND
The current contract for Prosecution Services provided by the Walls Law Firm expires
December 31, 2020. Attached is a proposed contract for 2021-2022.
DISCUSSION
The Walls Law Firm has provided prosecution services to the City of Tukwila for several years
through a contract with Kenyon Disend. When Kenyon Disend decided to discontinue
providing prosecution services the City opted to take the opportunity to go through an
RFQ/RFP process and the City has contracted directly with The Walls Law Firm for
Prosecution Services since late 2018.
In conjunction with the City’s efforts to reduce 2021-2022 budget expenditures the proposed
contract is $12,500 per month which is $1,000 less per month than the previous contract
cycle. The contract also allows for a mid-contract review of compensation to determine if an
adjustment in compensation is feasible.
RECOMMENDATION
The Committee is being asked to move this contract forward to the consent agenda of the
November 16, 2020 City Council Meeting for approval and authorization for execution by the
Mayor.
ATTACHMENTS
Draft Contract for Prosecution Services for 2021-2022
13
14
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
Walls Law Firm 2021-2022 Page 1 of 9
CONTRACT FOR PROSECUTION SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter
optional municipal code city hereinafter referred to as “the City,” and the Walls Law Firm hereinafter
referred to as “the Contractor.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the staffing or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as
if fully set forth. In performing such services, the Contractor shall at all times comply with all
Federal, State, and local statutes, ordinances and rules applicable to the performance of such
services. Compliance with these standards goes to the essence of this Agreement. The Contractor
shall request and obtain prior written approval from the City if the scope of services is to be modified
in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference, except as may be amended by the Contractor and City following a mid-contract
review to occur in approximately October 2021. A mutually agreed compensation adjustment, if any,
may take effect on January 1, 2022.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2021 and ending December 31, 2022 unless sooner terminated under the provisions
hereinafter specified or extended by the express written consent of Contractor and the Mayor or his
designee.
4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall
be considered to create the relationship of employer and employee between the parties hereto.
Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City
employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or
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Walls Law Firm 2021-2022 Page 2 of 9
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City. Should a court of
competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event
of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the
Contractor’s negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Contractor’s maintenance of insurance, its scope of coverage and
limits as required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or
in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Professional Liability Insurance: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Professional Liability insurance with a minimum
coverage of $2,000,000 per claim and $2,000,000 aggregate. Contractor shall provide
evidence of such coverage in a manner and form acceptable to the City in the City’s sole
discretion. Cancellation of the required insurance shall automatically result in termination
of this Agreement.
2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the
duration of this Agreement Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability
insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
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Walls Law Firm 2021-2022 Page 3 of 9
3. Commercial General Liability: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Commercial General Liability insurance with
limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000
products-completed operations aggregate limit. Commercial General Liability insurance
shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, stop gap
liability, personal injury and advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement.
There shall be no endorsement or modification of the Commercial General Liability
Insurance for liability arising from explosion, collapse or underground property damage. The
City shall be named as an insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional Insured
endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG
20 37 10 01 or substitute endorsements providing equivalent coverage.
4. Workers’ Compensation: The Contractor shall procure and maintain Workers’
Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Contractor’s Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor’s insurance and shall not contribute
with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement
of the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination
shall be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of
such notice.
7. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial
and programmatic records which sufficiently and properly reflect all direct and indirect costs of
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Walls Law Firm 2021-2022 Page 4 of 9
any nature expended and services performed in the performance of this Agreement and other
such records as may be deemed necessary by the City to ensure the performance of this
Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
8. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance
of this Agreement, to the extent permitted by law.
9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City’s intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor’s insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this
agreement, shall not discriminate against any employee, applicant for employment, on the basis
of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender
identity, marital status, political affiliation or the presence of any sensory, mental or physical
disability in the selection and retention of employees or procurement of materials or supplies.
11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
12. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment
or modification of this Agreement shall be of any force or effect unless it is in writing and signed by
the parties.
13. Severability and Survival. If any term, condition or provision of this Agreement is declared void
or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
14. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Administrator, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the following address:
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The Walls Law Firm
16300 Christensen Road Suite 360
Tukwila WA 98188
15. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney’s fees and costs of suit.
DATED this _____ day of ____________________________, 2020.
CITY OF TUKWILA CONTRACTOR
____________________________________ _____________________________________
Allan Ekberg, Mayor Aaron Walls, Attorney, WSBA No. 25266
ATTEST/AUTHENTICATED:
____________________________________
Christy O’Flaherty, City Clerk
APPROVED AS TO FORM:
___________________________________
Kari L. Sand, City Attorney
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EXHIBIT A - SCOPE OF SERVICES
1. Review, make filing decisions, and file all Tukwila Police Department reports involving
misdemeanor and gross misdemeanor crimes and represent the City on all contested traffic
hearings.
2. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of Tukwila
including but not limited to: in-custody/out-of-custody arraignments, pre-trial hearings and
motions, readiness hearings, bench and/or jury trials, sentencings, review hearings and appeals.
3. Conduct investigations, contact witnesses, conduct plea bargain negotiations and make
appropriate plea offers consistent with the laws and regulations as well as City of Tukwila
standards and policies, make sentencing and bail recommendations to the Court, prepare and
present legal memoranda, subpoenas, jury and other related materials, argue motions, represent
the City at restitution hearings, conduct bench and/or jury trials.
4. Administrative functions relating to criminal prosecution and contested traffic hearings such as
creation and maintenance of files, and completion of discovery requests. All files shall remain
property of the City and shall be returned to the City upon termination of this Agreement or upon
request by the City. Contractor shall retain all records in accordance with Washington State
document retention laws.
5. Provide legal research, training and assistance to the Tukwila Police Department including
statutory interpretation, enforcement issues and case decisions. Attend police department
administrative staff meetings as requested.
6. File and defend appeals of municipal court decisions.
7. Contractor agrees to attend seven (7) hours of prosecution focused training each year. This
requirement also applies to all associate counsel. Each Attorney will submit a copy of their
Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association
(WSBA) with the Annual Report.
8. Reporting: Contractor agrees to submit the following reports:
• Monthly Statistics Reports: This report shall take substantially the same form as that attached
hereto as Exhibit C and shall be submitted with the monthly invoice;
• An Annual Report detailing the number of cases filed for the year, the number of cases referred
for pre-filing diversion, the number of cases where pre-filing diversion was successfully
completed, the number of cases where stipulated orders of continuance or deferred
prosecution was agreed to and the number of cases dismissed.
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EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1. For all prosecution services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of
$12,500.
2. The Contractor shall invoice the City by the 10th day of each month for the previous month
services.
3. The Contractor and the City agree to conduct a mid-contract review to occur in approximately
October 2021 to evaluate case filings and compensation.
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EXHIBIT C – PROSECUTION MONTHLY REPORT
CASES
New Filings
Cases Declined
PRE-FILING DIVERSION
Referred for pre-filing diversion
Successful completion of pre-filing diversion
DISPOSITIONS
Deferred Prosecution
SOC/ Pre-Trial Diversion Agreement
DWLS 3 Amended to Infraction
Dismissals prior to Readiness
TRIALS SET TRIED
Stipulated Facts Trial
Bench Trial
Jury Trial
Dismissals – Post Readiness/Day of Trial
23
24
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Finance Committee
FROM: David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: October 19, 2020
SUBJECT: Contract for Public Defense Services
ISSUE
The current contract for public defender services provided by Kirshenbaum & Goss expires
December 31, 2020. Attached is a proposed contract for 2021-2022.
BACKGROUND
The City of Tukwila contracts for public defense services providing legal representation for
indigent criminal defendants who qualify for appointment of counsel from the time of
screening for eligibility through trial, sentencing and appeals to the superior court, if
necessary.
DISCUSSION
As Council may recall, Public Defense Standards were adopted by the Washington State
Supreme Court effective January 1, 2015. These standards delineate the number of cases
each attorney can handle per year and mandates that compensation include administrative
and training costs. In addition to the new Public Defense Standards the federal court
decision, Wilbur v. Mt. Vernon also mandates significant changes to public defense programs.
In 2019-2020 we paid a flat rate of $30,600 per month for public defense services to maintain a
Public Defense Program that fully complies with these requirements. Case filings, and
therefore case assignments, have been declining since 2016. As caseloads continue to decline
and in conjunction with the City’s efforts to reduce 2021-2022 budget expenditures the
proposed contract is $29,100 per month with $27,600 per month being paid from the general
fund and $1,500 per month from the Office of Public Defense (OPD) grant funds. Thus, the
overall reduction in general fund expenditures is $3,000 per month.
Per the terms of the OPD grant agreement, funds may not be used to supplant City funds but
may be used to supplement City funds for services not previously provided. Due to the
pandemic, the public defense attorneys have had to modify how they conduct business.
Exhibit A Sections 12 and 13 delineate additional services the attorneys will provide:
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INFORMATIONAL MEMO
Page 2
12. Client Contact Prior to Court Hearings: Contact all clients 1-2 business days prior to their
court hearing to confirm access to and knowledge of how to utilize the necessary
technology to appear before the court.
13. Additional Coverage for Review Calendars: Provide a minimum of two attorneys at each
review calendar to expedite efficient hearings.
Should provision of these additional services be modified in any way, compensation will be
adjusted accordingly.
The OPD grant is awarded on a biennial basis and funds have already been awarded for 2021.
In 2021 we will be applying for funds for 2022-2023. The contract allows for a mid-contract
review of caseloads and compensation including consideration of any funds awarded by OPD
for 2022, to determine if adjustments to compensation and services will need to be made for
2022. Any proposed increase in general fund expenditures will be brought before the Council
as a contract amendment.
RECOMMENDATION
The Committee is being asked to move this item forward to the consent agenda of the
November 16, 2020 City Council Meeting for approval and authorization for execution by the
Mayor.
ATTACHMENTS
Draft Contract for Public Defense Services for 2021-2022
26
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
Kirshenbaum & Goss 2021-2022 Page 1 of 10
CONTRACT FOR PUBLIC DEFENSE SERVICES
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter
optional municipal code city hereinafter referred to as “the City,” and Kirshenbaum & Goss, Inc. P.S., a
Washington Corporation, hereinafter referred to as “the Contractor” (collectively, “the Parties”).
WHEREAS, the City has a need to have legal services available for citizens, charged with a crime
who are deemed indigent and are entitled to the effective assistance of counsel at the public expense;
and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the Parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as
if fully set forth. In performing such services, the Contractor shall at all times comply with all
federal, state, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith, including the provisions of
Washington Supreme Court Order 25700-A-1013 and the public defense standards adopted by the
City pursuant to TMC 2.70. Compliance with these standards goes to the essence of this
Agreement. The Contractor shall request and obtain prior written approval from the City if the
scope of work or schedule of services is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference, except as may be amended by the Parties following a mid-contract review to occur in
approximately October 2021. A mutually agreed compensation adjustment, if any, may take effect on
January 1, 2022. Compensation is based upon the historical case count for the City of cases per year,
averaging 700 cases per year. In compliance with the public defense standards, the case counts
include the Contractor’s appearance at 48 arraignment calendars per year.
3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2021 and ending December 31, 2022 unless sooner terminated under the provisions
hereinafter specified.
4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
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Kirshenbaum & Goss 2021-2022 Page 2 of 10
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
5. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent
of the Contractor’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors. Contractor’s maintenance of insurance, its scope
of coverage and limits as required herein shall not be construed to limit the liability of the
Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to
any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1. Professional Liability Insurance: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Professional Liability insurance with a minimum
coverage of $2,000,000 per claim and $2,000,000 aggregate. Contractor shall provide
evidence of such coverage in a manner and form acceptable to the City in the City’s sole
discretion. Cancellation of the required insurance shall automatically result in termination
of this Agreement.
2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the
duration of this Agreement Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $1,000,000 per accident. Automobile
liability insurance shall cover all owned, non-owned, hired, and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
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Kirshenbaum & Goss 2021-2022 Page 3 of 10
3. Commercial General Liability: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Commercial General Liability insurance with
limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and
$2,000,000 products-completed operations aggregate limit. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising
from premises, operations, independent contractors, products-completed operations, stop
gap liability, personal injury and advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement.
There shall be no endorsement or modification of the Commercial General Liability
Insurance for liability arising from explosion, collapse, or underground property damage.
The City shall be named as an insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.
4. Workers’ Compensation: The Contractor shall procure and maintain Workers’
Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Contractor’s Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary
insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor’s insurance and shall not contribute
with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination
shall be made in accordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their
receipt of such notice.
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7. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial
and programmatic records which sufficiently and properly reflect all direct and indirect costs
of any nature expended and services performed in the performance of this Agreement and
other such records as may be deemed necessary by the City to ensure the performance of this
Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless permission to destroy them is granted by the office of the archivist in accordance with
RCW Chapter 40.14 and by the City.
8. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review, or audit by law during the
performance of this Agreement, to the extent permitted by law.
9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City’s intention to terminate the same. If the Contractor’s
insurance coverage is canceled for any reason, the City shall have the right to terminate this
Agreement immediately.
10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this
agreement, shall not discriminate against any employee, applicant for employment, on the basis
of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender
identity, marital status, political affiliation or the presence of any sensory, mental or physical
disability in the selection and retention of employees or procurement of materials or supplies.
11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement, except for prosecution services, without the written
consent of the City.
12. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment
or modification of this Agreement shall be of any force or effect unless it is in writing and signed by
the parties.
13. Severability and Survival. If any term, condition, or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
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14. Notices.
Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the following address:
Kirshenbaum & Goss, Inc. P.S.
1314 Central Ave S Ste. 101
Kent, WA 98032-7430
15. Applicable Law, Venue, Attorney’s Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney’s fees and costs of suit.
DATED this day of , 2020.
CITY OF TUKWILA CONTRACTOR:
______________________________ ___________________________________
Allan Ekberg, Mayor David Kirshenbaum
Attest/Authenticated: Approved as to Form:
______________________________ ______________________________
Christy O’Flaherty, City Clerk Kari L. Sand, City Attorney
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EXHIBIT A - SCOPE OF SERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service provided by an
in-house public defense office.
In particular, Contractor agrees to:
1. Provide legal representation services in accordance with the standards adopted by the City in TMC
2.70, the standards set forth by the Washington State Bar Association Standards for Indigent
Defense Services, the Rules of Professional Conduct, Wilbur v. Mt. Vernon, other related case law and
applicable court rules defining the duties of counsel and the rights of defendants in criminal cases
for all indigent criminal defendants charged with a misdemeanor or gross misdemeanor under
ordinances of the City who qualify for appointment of counsel. The Contractor agrees to attempt to
contact the client within 72 hours of notification of appointment. The Contractor shall provide legal
representation for each of these defendants from time of screening for eligibility through trial,
sentencing and appeals to the superior court, if necessary.
2. Pursuant to TMC 2.70.50 Standard 8, the Contractor shall maintain a case reporting and case
management system that includes number & type of cases, attorney hours and disposition.
3. Determination of indigency for eligibility for appointed counsel under this Agreement shall be
determined by an independent screening process established by the City. Should the Contractor
determine a defendant is not eligible for assigned counsel prior to the establishment of the
attorney/client privilege, the Contractor shall so advise the City to reconsider the screening of that
particular individual.
4. The Contractor shall provide to the City Police Department, a telephone number or numbers at which
an attorney may be reached 24-hours each day for “critical stage” advice to the defendants during the
course of police investigations and/or arrest for misdemeanor violations of City Ordinances.
5. Any counsel associated with or employed by the Contractor shall have the authority to perform the
services called for herein and the Contractor may employ associate counsel to assist him/her at the
Contractor’s expense. The Contractor and any other attorneys retained pursuant to this section shall
be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington and
shall have read and be fully familiar with the provisions of the Washington Supreme Court rule and
the standards adopted by the City pursuant to TMC 2.70, as well as the Wilbur v. Mt. Vernon decision.
6. The City shall provide to the Contractor, at no cost, one copy of all discoverable material concerning
each assigned case. Such material shall include, where relevant, a copy of the abstract of the
defendant’s driving record.
7. In the event representation of a defendant hereunder raises a conflict of interest such that the
Contractor cannot ethically represent the defendant, said defendant shall be referred back to the
City for further assignment, without cost to the Contractor.
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8. Contractor agrees to attend seven (7) hours of criminal defense training each year. The training must
be approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD
Improvement Program Training requirements. This requirement also applies to all associate counsel.
Each attorney will submit a copy of their Continuing Legal Education (CLE) Credits transcript from the
Washington State Bar Association (WSBA) with the Annual Report.
9. Reporting: Contractor agrees to submit the following reports:
• Monthly Case Assignment List: Includes Cause Number, Name, Charges, Date of Assignment and
Date of First Effort to Contact;
• Monthly Statistics Report: This report shall take substantially the same form as that attached
hereto as Exhibit C and shall be submitted with the monthly invoice;
• Quarterly Certification of Compliance: The Contractor shall certify compliance with the standards
required by CrRLJ 3.1. The Certification shall take substantially the same form as that attached
hereto as Exhibit D and shall be filed quarterly with the Tukwila Municipal Court on the following
dates: January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a
weekend or holiday;
• Annual Report: Detailing the number of other public defense contracts including jurisdiction, the
number and type of non-public defense cases handled, and the total hours billed for non-public
defense cases.
10. Video Court Services: Provide daily video court public defense services to defendants charged under
ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a
manner consistent with the accepted practices for similar services, performed to the City’s satisfaction.
11. Attorney of the Day Services: Provide an attorney for weekly arraignment calendars, available to all
unrepresented defendants for consultation.
12. Client Contact Prior to Court Hearings: Contact all clients 1-2 business days prior to their court hearing
to confirm access to and knowledge of how to utilize the necessary technology to appear before the
court.
13. Additional Coverage for Review Calendars: Provide a minimum of two attorneys at each review
calendar to expedite efficient hearings.
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EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1. Effective January 1, 2021 for all public defense services set forth in Exhibit A, Contractor shall be paid a
flat monthly fee of $29,100, which includes $2,000 per month for Video Court services, $200 per day for
Attorney of the Day services, and $1,500 per month Office of Public Defense (OPD) grant funds to
compensate for additional services provided as outlined in Exhibit A Sections 12 & 13. Should provision
of the additional services be modified in any way, compensation will be adjusted accordingly. OPD
grant funds have been awarded for 2021. A mid-contract review will be conducted to adjust grant
funding as needed.
2. Preauthorized Non-Routine Expenses. Non-routine case expenses requested by Attorney and
preauthorized by order of the Tukwila Municipal Court. Non-Routine expenses include, but are not
limited to:
a. Medical and psychiatric evaluations;
b. Expert witness fees and expenses;
c. Interpreters for languages not commonly spoken in the city or interpreters for services
other than attorney/client communication;
d. Investigation expenses;
e. Medical, school, birth, DMV, 911, emergency communication recordings and logs, and
other similar records when the cost of an individual item does not exceed $75; and
f. Any other non-routine expenses the Tukwila Municipal Court finds necessary and
proper for the investigation, preparation, and presentation of a case.
3. The Contractor shall invoice the City by the fifth day of the month for all cases assigned to him/her for
the previous month. The bill shall delineate the following:
• City compensation;
• Miscellaneous Charges: Copies of invoices and or receipts for miscellaneous charges shall
be attached to the bill; and
• A list of the cases assigned for the month including the defendant’s full name, case
number, charges, date of assignment & date of first contact.
4. The Contractor and the City agree to conduct a mid-contract review to occur in approximately
October 2021 to evaluate caseloads and compensation, including but not limited to the 2022 Office of
Public Defense Grant Award.
Payment shall be made on or by the 20th day of each month.
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EXHIBIT C – PUBLIC DEFENSE MONTHLY REPORT – Kirshenbaum & Goss
CLIENT CONTACT # per month
Jail Visits
Out of Court Meetings
Phone Calls
Email Correspondence
MOTIONS PRACTICE
Motions
RESOURCES UTILIZED
Expert Consulted
Immigration Case Assistance/Resources (WDA)
Interpreter (out of court)
Investigator
Referred for Mental Health/Competency Evaluation
Social Services Liaison
COMPLAINTS
Complaint Forms Received from Clients
Complaints Filed with the WSBA
TRAINING (in hours)
WDA
WACDL
Other
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EXHIBIT D – CERTIFICATION OF COMPLIANCE
MUNICIPAL COURT FOR
CITY OF TUKWILA
STATE OF WASHINGTON
[ ] No.: ______________________________
[ ] Administrative Filing
CERTIFICATION OF APPOINTED COUNSEL OF
COMPLIANCE WITH STANDARDS REQUIRED BY CrR
3.1/CrRLJ 3.1/JuCR 9.2
CERTIFICATION BY:
FOR THE
___ CALENDAR QUARTER OF _______
The undersigned attorney hereby certifies that for the past quarter and for the remainder of the year:
1. Approximately % of my practice time is devoted to indigent defense cases for the City of Tukwila.
Approximately _____% of my practice is devoted to indigent defense cases for the following
jurisdictions: ____________________________________________________
Approximately _____% of my practice is devoted to private practice.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to
represent indigent persons and certify that:
a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1.
b. Office: I have access to an office that accommodates confidential meetings with clients, and I have
a postal address and adequate telephone services to ensure prompt response to client contact, in
compliance with Standard 5.2.
c. Investigators: I have investigators available to me and will use investigation services as
appropriate, in compliance with Standard 6.1.
d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. I will
not accept a greater number of cases than specified in Standard 3.4, prorated if the amount of time
spent for indigent defense is less than full time.
e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2,
Sections B-K and will not accept appointment in a case as lead counsel unless I meet the
qualifications for that case.
f. Training: I will attend seven (7) hours of criminal defense training approved by the Washington
State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training
requirements each calendar year.
______________________________________
Attorney, WSBA No. Date
36
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Vicky Carlsen, Finance Director
BY: Aaron Williams, Fiscal Coordinator
CC: Mayor Ekberg
DATE: October 26, 2020
SUBJECT: 2021 Property Tax Levy
ISSUE
Approval of ordinances increasing the regular levy from the previous year and adopting the
general and excess property tax levies for 2021 by November 30, 2020.
BACKGROUND
A Public Hearing for adoption of the 2021 property tax levy is required by RCW 84.55.120. The
Hearing is scheduled for November 09, 2020.
The City was notified on October 15, 2020 that the assessed value for Tukwila for 2021 is
projected to be $7,835,011,635.
State law allows the City to increase property taxes by 1% or the Implicit Price Deflator (IPD),
whichever is less unless an additional ordinance showing substantial need is adopted by City
Council. The ordinance showing substantial need must be approved by a majority plus one.
The IPD for calculating the 2021 property tax levy is .006%, slightly less than 1%. The allowable
levy projected by King County and documented on the Preliminary Levy Limit Worksheet-2021
Tax Roll using the IPD is $16,830,303. The allowable levy using 1% is 16,896,624, representing
additional property tax revenue of $66,321 if City Council approves the ordinance showing
substantial need.
The ordinance to set the general tax levy also includes the excess levy related to the Public Safety
Plan that voters approved on the November 8, 2016 general election. The City sold $36.5 million
of bonds in 2016 and debt service repayment began in 2017. The remaining voter-approved
bonds were sold in October 2019. The excess levy for both bond issues will be assessed for as
long as the bonds are outstanding; the final payment for the 2016 issue is scheduled for December
2036 and the final payment for the 2019 issue is scheduled for December 2039 . The total excess
levy requirement for 2021 is $3,602,975 with an approximate levy rate of $0.47 per thousand.
DISCUSSION
Levy Amount
The assessed value and the allowable levy are subject to change until final levy rate
determination. A levy amount of $17,500,000 will be used for the ordinance. If the final allowable
levy is less than the ordinance amount, King County Department of Assessments will adjust the
ordinance amount to the final allowable levy amount and no further action by the Council will be
required. 37
INFORMATIONAL MEMO
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https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 CAS/Info Memo - 2021 Taxes with Excess levy.docx
Also included in the tax levy ordinance is an excess levy in the amount of $3,602,975 for debt
service related to the unlimited tax obligation bonds that were sold at the end of 2016 and in
2019. All voter-approved bonds have now been issued.
Levy Limit
RCW 27.12.390 allows for a maximum statutory levy rate for cities at $3.60 less the actual regular
levy made by a library district. RCW 41.16.060 also allows for an additional levy of $0.225 if a
city has a firemen’s pension fund. The maximum allowable levy for 2021 is estimated to be
$3.50180. However, due to the 1% limitation, the Levy Limit Worksheet received from King
County estimates the City’s preliminary levy rate for 2021 at $2.15655.
RECOMMENDATION
The City Council is being asked to approve the ordinance adopting the General Tax Levy, the
ordinance for the Limiting Factor (IPD) and the ordinance showing the dollar and percent increase
from the previous year at the November 09, 2020 Committee of the Whole meeting and
subsequent November 16, 2020 Regular Meeting. A public hearing has also been scheduled at
the November 09, 2020 Committee of the Whole.
ATTACHMENTS
Draft Ordinances (3)
Preliminary Levy Limit Worksheet-2021 Tax Roll
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES
FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE
FISCAL YEAR COMMENCING JANUARY 1, 2021, ON ALL
PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT
IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING
SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE
SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING
YEAR, WITH AN EXCESS PROPERTY TAX LEVY FOR THE
PURPOSE OF PAYING DEBT SERVICE ON THE CITY’S
UNLIMITED TAX GENERAL OBLIGATION BONDS ISSUED IN
2016 AND 2019, AS REQUIRED BY LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated
financial requirements for 2021 and the amounts necessary and available to be raised by
ad valorem taxes on real, personal and utility property; and
WHEREAS, the following sentence is provided for information only: The maximum
Statutory Levy Rate for the City of Tukwila, as allowed by RCW 84.52.043, is $3.825, which
includes $0.225 for the Firemen’s Pension Fund as allowed by RCW 41.16.060; and
WHEREAS, the City, pursuant to Ordinance No. 2514, passed on November 21, 2016,
authorized the issuance and sale of $36,500,000 principal amount of the City’s Unlimited
Tax General Obligation Bonds, 2016; and pursuant to Ordinance No. 2610, passed on July
15, 2019, authorized the issuance and sale of $40,885,000 principal amount of the City’s
Unlimited General Obligation Bonds, 2019 (together the “Bonds”); and has determined that
to provide the money necessary to pay the debt service requirements on the Bonds in the
year 2020, an excess property tax levy in the amount of $3,602,975 for the Bonds must be
levied in year 2020, and collected in year 2021; and
WHEREAS, the final assessed valuation calculation has been determined;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regular and Excess Tax Levy.
A. There shall be and hereby is levied on all real, personal and utility property in the
City of Tukwila, in King County, whose estimated assessed valuation is $7,835,011,635,
current taxes for the ensuing year commencing January 1, 2021, in the amounts specified
below:
Rate Amount
Regular Tax Levy $2.24 $17,500,000
Excess Tax Levy $0.47 $ 3,602,975
B. The said taxes herein provided for are levied for the purpose of payment upon the
general bonded indebtedness of the City of Tukwila, the General Fund, and for the
maintenance of the departments of the municipal government of the City of Tukwila for the
fiscal year beginning January 1, 2021. The regular tax levy includes new construction and
improvements to property, estimated to be $148,906, a re-levy of prior year refunds and
cancellations in the estimated amount of $200,000, and any increase in the value of state-
assessed property.
C. The excess levy is levied for the purpose of debt service payments on the
Unlimited Tax Obligation Bonds sold to finance costs related to the City’s Public Safety
Plan, as submitted to the qualified electors of the City at a special election held on
November 8, 2016.
Section 2. Collection. This ordinance shall be certified to the proper County officials,
as provided by law, and taxes here levied shall be collected to pay to the Finance Director
of the City of Tukwila at the time and in the manner provided by the laws of the State of
Washington for the collection of taxes for non-chartered code cities.
Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
January 1, 2021.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of _____________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO THE LIMITING
FACTOR FOR THE REGULAR PROPERTY TAX LEVY
ABOVE THE RATE OF INFLATION (IMPLICIT PRICE
DEFLATOR); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila has considered its budget for the
2021-2022 biennium; and
WHEREAS, in the course of considering the 2021-2022 biennial budget, the City
Council reviewed all sources of revenue and examined all anticipated expenses and
obligations; and
WHEREAS, due to the needs regarding parks, residential and arterial streets, City
facilities, and police and fire services, the City Council found there is substantial need to
increase the regular property tax limit factor above the rate of inflation; and
WHEREAS, the City Council desires to continue that rate in order to meet service needs
in the City in 2021 and beyond;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regular Tax Levy. The City Council of the City of Tukwila finds there is
substantial need to increase the regular property tax limit factor above the rate of inflation,
and hereby establishes that the limit factor for the regular levy for calendar year 2021
shall be 101% of the highest amount of the regular property taxes that could have been
lawfully levied in Tukwila in any year since 1985.
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Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
January 1, 2021.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this ________ day of ______________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, INCREASING THE CITY OF
TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR,
COMMENCING JANUARY 1, 2021, ON ALL PROPERTY,
BOTH REAL AND PERSONAL, IN COMPLIANCE WITH
RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has properly given notice of a public hearing held on
November 9, 2020, pursuant to RCW 84.55.120; and
WHEREAS, after such hearing and after duly considering all relevant evidence and
testimony presented, the City Council has determined that in order to discharge its expected
expenses and obligations the City requires an increase in property tax revenue from the
previous year, in addition to the increase resulting from the addition of new construction and
improvements to property and any increase in the value of State-assessed property; and
WHEREAS, the City Council has determined it is in the City’s best interest and
necessary to meet its expenses and obligations for the property tax revenue to be increased
for 2021, and the final assessed valuation calculation has been determined;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. An increase in the regular property tax levy, in addition to any amount
resulting from the addition of new construction and improvements to property and any
increase in the value of State-assessed property, is hereby authorized for the 2021 levy in
the amount of $151,788, which is a percentage increase of 0.91% from the previous year.
This increase is exclusive of additional revenue resulting from new construction,
improvements to property, any increase in the value of State-assessed property, any
annexations that have occurred and refunds made.
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Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
January 1, 2021.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of ______________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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LevyLimitWS.doc
PRELIMINARY
LEVY LIMIT WORKSHEET – 2021 Tax Roll
TAXING DISTRICT: City of Tukwila
The following determination of your regular levy limit for 2021 property taxes is provided by the King County
Assessor pursuant to RCW 84.55.100.
Annexed to Library District (Note 1) Estimated Library rate: 0.33289
Using Limit Factor
For District
Calculation of Limit Factor Levy
Using Implicit
Price Deflator
16,580,240 Levy basis for calculation: (2020 Limit Factor) (Note 2) 16,580,240
1.0100 x Limit Factor 1.0060
16,746,042 = Levy 16,679,721
65,802,444 Local new construction 65,802,444
0 + Increase in utility value (Note 3) 0
65,802,444 = Total new construction 65,802,444
2.26293 x Last year’s regular levy rate 2.26293
148,906 = New construction levy 148,906
16,894,948 Total Limit Factor Levy 16,828,627
Annexation Levy
0 Omitted assessment levy (Note 4) 0
16,894,948 Total Limit Factor Levy + new lid lifts 16,828,627
7,835,011,635 Regular levy assessed value less annexations 7,835,011,635
2.15634 = Annexation rate (cannot exceed statutory maximum rate) 2.14788
0 x Annexation assessed value 0
0 = Annexation Levy 0
Lid lifts, Refunds and Total
0 + First year lid lifts 0
16,894,948 + Limit Factor Levy 16,828,627
16,894,948 = Total RCW 84.55 levy 16,828,627
1,676 + Relevy for prior year refunds (Note 5) 1,676
16,896,624 = Total RCW 84.55 levy + refunds 16,830,303
Levy Correction: Year of Error ______ (+or-)
16,896,624 ALLOWABLE LEVY (Note 6) 16,830,303
Increase Information (Note 7)
2.15655 Levy rate based on allowable levy 2.14809
16,594,254 Last year’s ACTUAL regular levy 16,594,254
151,788 Dollar increase over last year other than N/C – Annex 85,467
0.91% Percent increase over last year other than N/C – Annex 0.52%
Calculation of statutory levy
Regular levy assessed value (Note 8) 7,835,011,635
x Maximum statutory rate 3.49211
= Maximum statutory levy 27,360,722
+Omitted assessments levy 0
=Maximum statutory levy 27,360,722
Limit factor needed for statutory levy Not usable
ALL YEARS SHOWN ON THIS FORM ARE THE YEARS IN WHICH THE TAX IS PAYABLE.
Please read carefully the notes on the reverse side.
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Notes:
1) Rates for fire districts and the library district are estimated at the time this worksheet is
produced. Fire district and library district rates affect the maximum allowable rate for cities
annexed to them. These rates will change, mainly in response to the actual levy requests
from the fire and library districts. Hence, affected cities may have a higher or lower
allowable levy rate than is shown here when final levy rates are calculated.
2) This figure shows the maximum allowable levy, which may differ from any actual prior levy
if a district has levied less than its maximum in prior years. The maximum allowable levy
excludes any allowable refund levy if the maximum was based on a limit factor. The
maximum allowable levy excludes omitted assessments if the maximum was determined by
your district’s statutory rate limit. If your district passed a limit factor ordinance in the year
indicated, that limit factor would help determine the highest allowable levy. However, if the
statutory rate limit was more restrictive than your stated limit factor, the statutory rate limit is
controlling.
3) Any increase in value in state-assessed property is considered to be new construction value
for purposes of calculating the respective limits. State-assessed property is property
belonging to inter-county utility and transportation companies (telephone, railroad, airline
companies and the like).
4) An omitted assessment is property value that should have been included on a prior year’s roll
but will be included on the tax roll for which this worksheet has been prepared. Omits are
assessed and taxed at the rate in effect for the year omitted (RCW 84.40.080-085). Omitted
assessments tax is deducted from the levy maximum before calculating the levy rate for
current assessments and added back in as a current year’s receivable.
5) Administrative refunds under RCW 84.69.020 were removed from the levy lid by the 1981
legislature.
6) A district is entitled to the lesser of the maximum levies determined by application of the
limit under RCW 84.55 and the statutory rate limit. Levies may be subject to further
proration if aggregate rate limits set in Article VII of the state constitution and in RCW
84.52.043 are exceeded.
7) This section is provided for your information, and to assist in preparing any Increase
Ordinance that may be required by RCW 84.55.120. The increase information compares the
allowable levy for the next tax year with your ACTUAL levy being collected this year. The
actual levy excludes any refund levy and expired temporary lid lifts, if applicable. New
construction, annexation and refund levies, as well as temporary lid lifts in their initial year,
are subtracted from this year’s allowable levy before the comparison is made.
8) Assessed valuations shown are subject to change from error corrections and appeal board
decisions recorded between the date of this worksheet and final levy rate determination.
48
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Council Committee
FROM: Vicky Carlsen, Finance Director
CC: Mayor Ekberg
DATE: October 20, 2020
SUBJECT: 2021 – 2022 Biennial Budget Ordinance
2021 – 2026 Financial Planning Model and Capital Improvement Program
ISSUE
Adopt the 2021 – 2022 biennial budget and the 2021 – 2026 Capital Improvement Program (CIP) by the
end of December.
BACKGROUND
The proposed biennial budget for 2021 – 2022 and draft 2021 – 2026 CIP were presented to Council on
October 5, 2020. Departments within the general fund and all other funds have been reviewed in Council
Committees and at the Council Committee of the Whole. Additionally, Council held budget workshops on
September 22, October 13, and October 20, 2020, to discuss both the budget and CIP. Additional
workshops will be scheduled before final adoption.
DISCUSSION
At this time the proposed 2021 – 2022 biennial budget as well as the 2021 – 2026 CIP is being presented
to the Finance Committee for review and discussion. The public hearing, another opportunity for community
input, is scheduled for Tuesday, November 9, 2020.
The ordinance and resolution are in draft form and will be updated prior to final adoption if any changes are
made to either the proposed biennial budget or the CIP.
RECOMMENDATION
The Finance Committee is being asked to approve the 2021 – 2022 biennial budget ordinance and the
2021 – 2026 Financial Planning Model and Capital Improvement Plan resolution and forward to the
Committee of the Whole.
This item is currently scheduled for the November 9, 2020, Committee of the Whole and November 16,
2020, Regular Council meeting.
ATTACHMENTS
Draft Budget Ordinance
Draft CIP Resolution
Reconciliation of 2021 – 2022 Budget Summary to Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL
BUDGET OF THE CITY OF TUKWILA FOR THE 2021-2022
BIENNIUM; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the preliminary budget of the City of Tukwila for the 2021-2022 biennium
was submitted to the City Council in a timely manner for their review; and
WHEREAS, a Public Hearing on the proposed budget was advertised and held on
November 9, 2020; and
WHEREAS, as budget oversight is one of its key legislative responsibilities, the City
Council conducted a thorough process to deliberate the proposed 2021-2022 Biennial
Budget;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council hereby adopts the document entitled “City of Tukwila 2021-
2022 Biennial Budget,” incorporated by this reference as if fully set forth herein, in
accordance with RCW 35A.34.120.
Section 2. Cost of living adjustments (COLAs) for non-represented employees shall
be implemented per the City Council’s Compensation Policy.
Section 3. The totals of the estimated revenues and appropriations for each separate
fund and the aggregate totals are as follows:
(continued)
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Section 4. A complete copy of the final budget for 2021-2022, as adopted, together
with a copy of this adopting ordinance, shall be kept on file electronically by the City Clerk
and accessible from the City’s website in accordance with Washington State records
retention schedule requirements and City policy, and shall be made available to the public
upon request. A complete copy of the final budget for 2021-2022, as adopted, together
with a copy of this adopting ordinance, shall be transmitted by the City Clerk to the
Division of Municipal Corporations of the Office of the State Auditor and to the Association
of Washington Cities.
Section 5. Corrections by City Clerk or Code Reviser Authorized. 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.
Total Total
Fund Expenditures Revenues
000 General
$141,979,059 141,979,059$
105 Contingency
7,141,978 7,141,978
101 Hotel/Motel
2,604,844 2,604,844
103 City Street
4,159,810 4,159,810
104 Arterial Street
11,119,257 11,119,257
109 Drug Seizure Fund
464,243 464,243
2XX LTGO Debt Service Funds
13,408,972 13,408,972
213 Unlimited Tax G.O. Bonds 8,056,339 8,056,339
206 LID Guaranty 725,137 725,137
233 2013 LID 1,874,373 1,874,373
301 Land Acquisition, Recreation & Park Dev. 4,590,662 4,590,662
302 Facility Replacement
4,105,169 4,105,169
303 General Government Improvements 801,021 801,021
304 Fire Improvements
610,259 610,259
305 Public Safety Plan
12,952,873 12,952,873
306 City Facilities
7,099,144 7,099,144
401 Water
19,839,864 19,839,864
402 Sewer
33,079,798 33,079,798
411 Foster Golf Course
4,541,520 4,541,520
412 Surface Water
24,777,674 24,777,674
501 Equipment Rental
8,399,876 8,399,876
502 Insurance Fund
17,486,845 17,486,845
503 Insurance - LEOFF 1 Fund
995,203 995,203
611 Firemen's Pension
1,656,780 1,656,780
Total All Funds Combined $332,470,700 $ 332,470,700
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Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of ____________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
53
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING THE 2021-
2026 FINANCIAL PLANNING MODEL AND THE
CAPITAL IMPROVEMENT PROGRAM FOR GENERAL
GOVERNMENT AND THE CITY’S ENTERPRISE FUNDS.
WHEREAS, when used in conjunction with the biennial City budget, the Capital
Improvement Program (CIP) and the Financial Planning Model for the period of 2021-
2026 are resource documents to help plan directions the City will consider for the future;
and
WHEREAS, the Financial Planning Model and Capital Improvement Program are not
permanent fixed plans, but are guidelines or tools to help reflect future goals and future
resources at the time budgets are being planned; and
WHEREAS, the commitment of funds and resources can only be made through the
budget process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby adopts the 2021-2026 Financial Planning Model
and accompanying Capital Improvement Program, incorporated by this reference as if
fully set forth herein.
Section 2. A copy of the 2021-2026 Financial Planning Model and accompanying
Capital Improvement Program shall be kept on file electronically by the City Clerk and
accessible from the City’s website in accordance with Washington State records retention
schedule requirements and City policy, and shall be made available to the public upon
request.
Section 3. The assumptions, revenues and expenditures will be reviewed and
updated biennially, or as necessary, by the City Council.
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Section 4. The detail of Capital Improvement Program projects will be reflected in
the published Financial Planning Model and Capital Improvement Program 2021-2026.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of _________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De’Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
56
Reconciliation of 2021-2022 Budget Summary to Ordinance
000 General 62,702,620$ 66,770,616$ 12,505,824$ 141,979,059$
101 Hotel/Motel 1,101,781 1,013,209 489,854 2,604,844
103 City Street 369,000 3,610,000 180,810 4,159,810
104 Arterial Street 6,865,301 3,395,273 858,683 11,119,257
105 Contingency - - 7,141,978 7,141,978
109 Drug Seizure Fund 200,000 40,000 224,243 464,243
2XX LTGO Debt Service Funds 4,740,338 8,643,004 25,630 13,408,972
200 LTGO Bonds 716,277 2,999,844 12,460 3,728,581
208 LTGO Bonds - 2017 (Public Safety Plan)804,200 1,534,200 - 2,338,400
209 LTGO Bonds - 2017 (Residential Street)553,500 553,600 - 1,107,100
210 Limited Tax G.O. Refunding Bonds, 2003 - - 195 195
211 Limited Tax G.O. Refunding Bonds, 2008 - - 416 416
212 Limited Tax G.O. Bonds, 2009A 376,895 377,030 2 753,927
213 UTGO Bonds 3,602,975 4,374,975 78,389 8,056,339
214 Limited Tax G.O. Bonds, 2010A 515,736 514,415 11,224 1,041,375
216 Limited Tax G.O. Refunding Bonds, Valley Comm - - 794 794
217 2011 Refunding Bonds 546,300 551,500 539 1,098,339
220 2020 Bonds - PW Shops 309,000 309,000 - 618,000
218 2014 MPD 113,130 113,115 - 226,245
219 LTGO - PW Shops 805,300 1,690,300 - 2,495,600
206 LID Guaranty - - 725,137 725,137
233 2013 LID 648,588 628,563 597,222 1,874,373
301 Land Acquisition, Recreation & Park Dev.2,505,000 505,000 1,580,662 4,590,662
302 Facility Replacement 1,235,000 2,786,000 84,169 4,105,169
303 General Government Improvements 240,000 200,000 361,021 801,021
304 Fire Improvements 300,000 300,000 10,259 610,259
305 Public Safety Plan 2,307,817 2,730,467 7,914,589 12,952,873
306 City Facilities 7,062,408 - 36,736 7,099,144
401 Water 8,555,244 9,689,329 1,595,291 19,839,864
402 Sewer 11,751,296 11,801,825 9,526,678 33,079,798
411 Foster Golf Course 1,843,879 1,844,993 852,648 4,541,520
412 Surface Water 8,826,614 11,789,938 4,161,122 24,777,674
501 Equipment Rental 2,706,868 2,680,165 3,012,843 8,399,876
502 Insurance Fund 8,136,454 8,710,402 639,989 17,486,845
503 Insurance - LEOFF 1 Fund 486,920 497,040 11,243 995,203
611 Firemen's Pension 65,000 65,000 1,526,780 1,656,780
Total 136,253,102$ 142,075,799$ 54,141,798$ 332,470,700$
2021 Beginning
Fund Balance
2021
Revenues
2022
Revenues
Total
Revenues
000 General 11,631,350$ 62,749,717$ 67,597,992$ 141,979,059$
101 Hotel/Motel 1,742,844 406,000 456,000 2,604,844
103 City Street 114,810 589,000 3,456,000 4,159,810
104 Arterial Street 1,327,257 6,481,000 3,311,000 11,119,257
105 Contingency 7,101,978 20,000 20,000 7,141,978
109 Drug Seizure Fund 333,243 60,500 70,500 464,243
2XX LTGO Debt Service Funds 381,630 4,382,338 8,645,004 13,408,972
213 UTGO Bonds 76,339 3,605,000 4,375,000 8,056,339
206 LID Guaranty 719,137 3,000 3,000 725,137
233 2013 LID 692,373 601,000 581,000 1,874,373
301 Land Acquisition, Recreation & Park Dev.2,171,922 1,942,800 475,940 4,590,662
302 Facility Replacement 1,835,169 410,000 1,860,000 4,105,169
303 General Government Improvements 500,021 300,500 500 801,021
304 Fire Improvements 9,259 300,500 300,500 610,259
305 Public Safety Plan 147,873 6,705,000 6,100,000 12,952,873
306 City Facilities 4,249,144 2,850,000 - 7,099,144
401 Water 6,170,864 6,722,000 6,947,000 19,839,864
402 Sewer 12,762,798 10,032,000 10,285,000 33,079,798
411 Foster Golf Course 873,520 1,818,000 1,850,000 4,541,520
412 Surface Water 5,385,674 8,883,000 10,509,000 24,777,674
501 Equipment Rental 2,969,227 2,724,818 2,705,831 8,399,876
502 Insurance Fund 642,799 8,118,924 8,725,122 17,486,845
503 Insurance - LEOFF 1 Fund 243,203 316,000 436,000 995,203
611 Firemen's Pension 1,516,780 70,000 70,000 1,656,780
Total 63,599,214$ 130,091,096$ 138,780,389$ 332,470,700$
Total
ExpendituresEXPENDITURES
REVENUES
2021
Expenditures
2022
Expenditures
2022 Ending
Fund Balance
57
58
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Vicky Carlsen, Finance Director
BY: Jeff Friend, Fiscal Manager
CC: Mayor Ekberg
DATE: October 26, 2020
SUBJECT: 2020 budget amendment ordinance
ISSUE
Approve the administrative 2020 year-end budget amendments.
BACKGROUND
While amending the budget is only required when a fund, in total, is in danger of exceeding
budget, it is a best practice to adjust the budget to identify significant changes in financial plans,
policy decisions, and provide transparency for key decisions.
Several of the proposed budget amendments have been reviewed and approved by Council
Committee and/or Council process as noted below in the discussion. The proposed budget
amendments make the following types of modification to the current biennium:
Housekeeping amendments such as adjusting budgeted beginning fund balance to actual
beginning fund balance,
Adjustments specific to the funding of the Employee Healthcare Plan, Residential Streets
Fund, and Public Safety Plan
Reflect revenue-backed projects/expenditures,
All budget amendments are detailed below with explanations provided for each amendment as
well as the effect on ending fund balance. Budget amendments are summarized by fund in the
tables attached to this memo.
DISCUSSION
General Fund
Adjust Beginning Fund Balance
A beginning fund balance adjustment of -$1,237,163 to adjust the budgeted beginning fund
balance to reflect the actual beginning fund balance. It should be noted that fiscal year 2019
ended the year with a fund balance of $12.6 million, which exceeds the fund balance policy by
$1.1 million.
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INFORMATIONAL MEMO
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COVID-19 Response
In 2020, the City faced a serious financial challenge regarding the COVID-19 pandemic. Facing
a significant budget shortfall due to reduced sales tax revenue, the City implemented a hiring
freeze and furloughed employees while departments scrubbed their budgets to save costs.
Training, travel, and overtime (for non-public safety employees) are examples of expenditures
that were eliminated. In order to preserve the historical record of the departments’ cost savings,
these expenditure eliminations are not included in the budget amendments. The only exceptions
are the revenues and expenditures eligible for the Coronavirus Aid, Relief, and Economic Security
(CARES) Act.
The CARES Act was passed by Congress and signed into law on March 27th, 2020. Through the
Coronavirus Relief Fund, the CARES Act provides for payments to State, Local, and Tribal
governments navigating the outbreak of the COVID-19 outbreak and provides funding that can
assist with covering costs that have arisen from the pandemic. Reimbursement funds from the
act will be split between the General Fund and the Public Safety Plan. Staff is currently working
to determine which costs are eligible for CARES act funds and will be submitting an invoice to the
federal government in November.
Amendments by Department
Revenue Expenditure
Council 1 Additional funds for the Employee Healthcare Plan needed per actuary 4,059
Council Total -$ 4,059$
Mayor (Economic Development)6 King County Corona Virus Grant 31,965 31,965
Mayor 1 Additional funds for the Employee Healthcare Plan needed per actuary 10,562
Mayor Total 31,965$ 42,527$
Administrative Services 1 Additional funds for the Employee Healthcare Plan needed per actuary 11,111
Administrative Services (Human Services) 6 CDBG Grant 20,000 20,000
Administrative Services Total 20,000$ 31,111$
Finance 1 Additional funds for the Employee Healthcare Plan needed per actuary - 13,655
Finance Total -$ 13,655$
Recreation 6 King County Old Age Grant 12,500 12,500
Recreation 1 Additional funds for the Employee Healthcare Plan needed per actuary - 22,217
Recreation 6 KCD Green Tukwila Grant 7,400 7,400
Recreation Total 19,900$ 42,117$
Community Development 5 Admin Support tech transferred from Public Works - 94,834
Community Development 1 Additional funds for the Employee Healthcare Plan needed per actuary 29,323
Community Development 6 TDM-awarded grant 75,000 75,000
Community Development 6 Action House Grant 40,000 40,000
Community Development Total 115,000$ 239,157$
Court 1 Additional funds for the Employee Healthcare Plan needed per actuary - 9,363
Court Total -$ 9,363$
Police 1 Additional funds for the Employee Healthcare Plan needed per actuary 113,781
Police Total -$ 113,781$
Fire 1 Additional funds for the Employee Healthcare Plan needed per actuary 83,274
Fire Total -$ 83,274$
TIS 1 Additional funds for the Employee Healthcare Plan needed per actuary 8,831
TIS Total -$ 8,831$
Dept. Footnote Description of Proposed Amendment
2020
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INFORMATIONAL MEMO
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1) Per the City’s actuary, an additional $400,000 is needed for the required reserve levels in the Employee
Healthcare Plan.
2) Ordinance 2609 increased the Solid Waste Utility Tax to 11% as of November 1, 2019 then to 16% as of July 1,
2020 with 6% of the revenues remaining in the General Fund and the balance being dedicated to road
maintenance and road related projects. This increase was not budgeted until staff could reasonably project
the level of revenue. Revenue will be recognized in the general fund then transferred to the residential street
fund.
3) The City initially expected a certain level of financial support from other utility providers for undergrounding on
the 42nd Ave S and 53rd Ave S projects. At this time, it appears the City will not be receiving all funds that were
initially expected. Solid Waste Utility Tax revenue and prior year land sale revenue from the Urban Renewal
Fund will be transferred to the Residential Streets Fund to cover these costs. Neither transfer effects the
general fund ending fund balance.
4) As of May 6th, the estimated need for contingency funds was $4.8 million. On August 14th, updated projections
estimated the need to be $3.3 million. After further refinement using updated data as well as the restructuring
of the general fund portion of the tenant improvements for Phase I of the Public Works Shops, it is estimated
that the amount of contingency funds needed to close the revenue gap is expected to be $700 thousand.
5) An Admin Support Tech position was transferred from Public Works to Community Development. This
amendment allows for proper financial reporting of each department’s salary expenditures.
6) Revenue-backed grant awarded in 2020. No net effect on the general fund.
Revenue Expenditure
Public Works 5 Admin Support Tech transferred to Community Development (94,834)
Public Works 1 Additional funds for the Employee Healthcare Plan needed per actuary - 23,356
Public Works Total -$ (71,478)$
Parks 1 Additional funds for the Employee Healthcare Plan needed per actuary 7,122
ParksTotal -$ 7,122$
Street Maintenance 1 Additional funds for the Employee Healthcare Plan needed per actuary - 9,618
Street Maintenance Total -$ 9,618$
Dept. 20 - Transfers Out 3 Transfer to Fund 103-Solid Waste Utility Tax 550,000
Dept. 20 - Transfers Out 3 Transfer In from Urban Renewal/ Trasnfer Out to Residential Streets 400,000 400,000
Dept. 20 - Transfers Out 4 Transfer in from Contingency Fund (Fund 105)700,000
Dept. 20 Transfers Total 1,100,000$ 950,000$
General Revenue 2 Solid Waste Utility Tax 550,000 -
Total General Fund Amendments 1,836,865$ 1,483,137$
Dept. Footnote Description of Proposed Amendment
2020
61
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Other Funds
Included in the proposed budget amendments are amendments in other funds.
1) Per the City’s actuary, an additional $400,000 is needed to maintain the required reserve levels in the Employee
Healthcare Plan.
2) As of May 6th, the estimated need for contingency funds was $4.8 million. On August 14th, updated projections
estimated the need to be $3.3 million. After further refinement using updated data as well as the restructuring
of the general fund portion of the tenant improvements for Phase I of the Public Works Shops, it is estimated
that the amount of contingency funds needed to close the revenue gap is expected to be $700 thousand.
3) The City initially expected a certain level of financial support from other utility providers for undergrounding on
the 42nd Ave S and 53rd Ave S projects. At this time, it appears the City will not be receiving all funds that were
initially expected. Solid Waste Utility Tax revenue and prior year land sale revenue from the Urban Renewal
Fund will be transferred to the Residential Streets Fund to cover these costs. Neither transfer effects the
general fund ending fund balance.
4) $1.85 million was budgeted for the Macadam Road S project that work was not done in 2020 on the project.
Therefore, budget authority is being reallocated to the two sidewalk projects and grant revenue associated
with the Macadam Road S project is being reduced.
5) Park impact fees are allocated to certain projects that reside in Bridges and Arterial Streets (Fund 104) and Land
Acquisition, Recreation, and Park Development (Fund 301). This amendment moves fees from Arterial Streets
to Land Acquisition, Recreation, and Park Development to align with the correct projects.
Revenue Expenditure
Lodging tax - Fund 101 1 Additional funds for the Employee Healthcare Plan needed per actuary - 388
Total Lodging Tax Amendments -$ 388$
Contingency - Fund 105 2 Transfer to General Fund due to COVID pandemic 700,000
Total Contingency Fund Amendments -$ 700,000$
Residential Streets - Fund 103 3 Transfer in from General Fund 550,000
Residential Streets - Fund 103 3 Transfer in from fund 301 (via General Fund) 400,000 -
Residential Streets - Fund 103 4 Reduce Macadam Rd S Project (900,000) (1,100,000)
Residential Streets - Fund 103 4 Increase 42nd Ave S sidewalk project 600,000
Residential Streets - Fund 103 4 Increase 53rd Ave S sidewalk project 500,000
Total Bridges & Arterial Street Amendments 50,000$ -$
Bridges & Arterial Street - Fund 104 5 Transfer excess park impact fees to fund 301 - 675,106
Bridges & Arterial Street - Fund 104 1 Additional funds for the Employee Healthcare Plan needed per actuary 1,886
Total Bridges & Arterial Street Amendments -$ 676,992$
Land Acquisition, Rec., & Park Dev. - Fund
301 5 Transfer of excess park impact fees from fund 104 675,106
Total Land Acq., Rec., & Park Dev. Amendments 675,106$ -$
Urban Renewal - Fund 302 3 Tranfer to General Funds 400,000
Urban Renewal - Fund 302 6 Transfer prior year land sale revenue to public safety plan 2,753,000
Total Urban Renewal Amendments -$ 3,153,000$
Public Safety Plan - Fund 305 6 Transfer prior year land sale revenue to public safety plan 2,753,000
Public Safety Plan - Fund 305 7 Expenditures incurred in 2020 instead of 2021 10,500,000
Total Public Safety Plan Amendments 2,753,000$ 10,500,000$
City Facilities (PW Shops) - Fund 306 8 Work not completed in 2020 moved to 2021 (5,000,000)
Total City Facilities (PW Shops) Amendments -$ (5,000,000)$
Golf Course - Fund 411 9 Operational Adjustments due to market conditions 99,543 99,543
Golf Course - Fund 411 1 Additional funds for the Employee Healthcare Plan needed per actuary 9,193
Golf Course - Fund 411 10 Transfer of golf fleet from Equipment Rental and Replacement (Fund 501) 211,724
Total Golf Course Amendments 311,267$ 108,736$
Water - Fund 401 1 Additional funds for the Employee Healthcare Plan needed per actuary - 10,043
Total Water Amendments -$ 10,043$
Sewer - Fund 402 1 Additional funds for the Employee Healthcare Plan needed per actuary 8,847
Total Sewer Amendments -$ 8,847$
Surface Water - Fund 412 1 Additional funds for the Employee Healthcare Plan needed per actuary - 16,276
Total Surface Water Amendments -$ 16,276$
Equipment Rental & Replacement (501)1 Additional funds for the Employee Healthcare Plan needed per actuary 7,095
Equipment Rental & Replacement (501)10 Transfer of golf fleet to Golf (Fund 411)- 211,724
Total Equipment Rental & Replacement Amendments -$ 218,819$
Insurance Fund (502)1 Additional funds for the Employee Healthcare Plan needed per actuary 400,000 -
Total Insurance Fund Amendments 400,000$ -$
Fund Footnote Description of Proposed Amendment
2020
62
INFORMATIONAL MEMO
Page 5
6) Proceeds from the sale of the Tukwila Village property were recorded in the Urban Renewal fund (Fund 302)
but are to be dedicated to the Public Safety Plan (Fund 305). Revenue from this property sale is included in
the D-20 Financial Framework.
7) Some Public Safety Plan expenditures were incurred in 2020 that were planned in other years. The total project
budget remains the same, this amendment only addresses the timing in which year the expenditures were
incurred.
8) Some Public Works Shop expenditures that were expected to be incurred in 2020 are now expected to be
incurred in 2021 instead. The total project budget for Phase I remains the same, this amendment only
addresses the timing in which year the expenditures were occurred.
9) Foster Golf Course experienced stronger than expected business in 2020 resulting in both higher revenue and
expenditures.
10)Management of all golf carts and related equipment was transferred from Equipment Rental and Replacement
(Fund 501) to the Golf Course (Fund 411) in 2020.
In addition to the budget amendments proposed for other funds, beginning fund balances in various funds are also
being adjusted to true up to actual beginning fund balances.
RECOMMENDATION
The Council is asked to approve the Budget Amendment ordinance and consider this item at the November
9, 2020 Committee of the Whole, and November 16, 2020 Regular Council Meeting.
ATTACHMENTS
Draft Ordinance
Reconciliation of 2019-2020 Budget Summary to Ordinance
Proposed Budget Changes – Summary by Fund
63
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE NOS. 2597 AND 2602, WHICH ADOPTED
AND AMENDED THE CITY OF TUKWILA'S BIENNIAL
BUDGET FOR THE 2019-2020 BIENNIUM, TO ADOPT
AN AMENDED YEAR-END BUDGET; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on December 3, 2018, the City Council of the City of Tukwila adopted
Ordinance No. 2597, which adopted the 2019-2020 biennial budget of the City of Tukwila;
and
WHEREAS, on February 14th, 2019, the City Council of the City of Tukwila adopted
Ordinance No. 2602 amending Ordinance No. 2597, to correct a math error in the
amounts shown for the General Fund; and
WHEREAS, the City has determined a need to amend the 2019-2020 Biennial
Budget before fiscal year-end;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Tukwila Ordinance No. 2597 is hereby amended
with the City Council's adoption of the document entitled "City of Tukwila 2019-2020 Year-
End Budget Amendment," attached hereto and incorporated by this reference as if fully
set forth herein, in accordance with RCW 35A.34.200.
Section 2. Estimated Revenues and Appropriations. The totals of the estimated
revenues and appropriations for each separate fund and the aggregate totals are as
follows:
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Section 3. Copies on File. A complete copy of the amended budget for 2019-2020,
as adopted, together with a copy of this amending ordinance, shall be kept on file
electronically by the City Clerk and accessible from the City’s website in accordance with
Washington State records retention schedule requirements and City policy, and shall be
made available to the public upon request. A copy of the amended budget for 2019-2020,
as adopted, together with a copy of this amending ordinance, shall be transmitted by the
City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and
to the Association of Washington Cities.
Section 4. Corrections by City Clerk or Code Reviser Authorized. 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.
FUND EXPENDITURES REVENUES
000 General $149,120,751 $149,120,751
105 Contingency $7,401,978 $7,401,978
101 Lodging Tax $3,461,328 $3,461,328
103 Residential Streets $10,518,586 $10,518,586
104 Bridges and Arterial Streets $18,585,453 $18,585,453
109 Drug Seizure $371,718 $371,718
2XX LTGO Debt Service $9,685,418 $9,685,418
206 LID Guaranty $706,044 $706,044
213 UTGO Bonds $6,643,675 $6,643,675
233 2013 LID $2,108,736 $2,108,736
301 Land Acquisition, Recreation & Park Dev.$3,244,679 $3,244,679
302 Urban Renewal $10,329,208 $10,329,208
303 General Government Improvements $1,009,901 $1,009,901
304 Fire Impact Fees $1,913,259 $1,913,259
305 Public Safety Plan $90,638,024 $90,638,024
412 Surface Water $24,190,144 $24,190,144
401 Water $21,345,765 $21,345,765
402 Sewer $33,216,502 $33,216,502
411 Foster Golf Course $4,257,999 $4,257,999
412 Surface Water $20,129,950 $20,129,950
501 Equipment Rental and Replacement $12,498,789 $12,498,789
502 Employe Healthcare Plan $14,387,900 $14,387,900
503 LEOFF 1 Retiree Healthcare Plan $1,167,350 $1,167,350
611 Firemen's Pension $1,597,856 $1,597,856
Total $448,531,013 $448,531,013
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Section 5. Severability. If any section, subsection, paragraph , sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in fu ll force and effect five
days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of ____________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachment: City of Tukwila 2020 Year-End Budget Amendment
67
68
000 General 12,590,576$ 65,947,930$ 67,194,827$ 145,733,333$ 2,787,716$ 148,521,049$ (1,237,163)$ 1,836,865$ 149,120,751$
101 Lodging Tax 1,370,302 778,000 803,000 2,951,302 247,323 3,198,625 262,703 - 3,461,328
103 Residential Street 2,826,621 4,002,000 5,711,000 12,539,621 (2,161,077) 10,378,544 90,042 50,000 10,518,586
104 Arterial Street 3,621,865 6,819,000 47,647,000 58,087,865 (40,398,440) 17,689,425 896,028 - 18,585,453
105 Contingency 6,447,329 148,568 300,000 6,895,897 109,832 7,005,729 396,249 - 7,401,978
109 Drug Seizure Fund 226,507 55,000 55,000 336,507 - 336,507 35,211 - 371,718
2XX LTGO Debt Service 387,669 4,979,262 4,590,311 9,957,242 (214,085) 9,743,157 (57,739) - 9,685,418
206 LID Guaranty 685,037 300 300 685,637 - 685,637 20,407 - 706,044
213 UTGO Bonds 40,117 2,841,675 3,713,175 6,594,967 - 6,594,967 48,708 - 6,643,675
233 2013 LID 707,287 688,637 668,613 2,064,537 - 2,064,537 44,199 - 2,108,736
301 Land Acquisition, Recreation & Park Dev.1,019,562 128,320 116,400 1,264,282 695,000 1,959,282 610,291 675,106 3,244,679
302 Urban Renewal 2,213,064 10,000 10,000 2,233,064 5,362,629 7,595,693 2,733,515 - 10,329,208
303 General Government Improvements 337,761 200,500 200,500 738,761 140,000 878,761 131,140 - 1,009,901
304 Fire Impact Fees 7,412 500,100 500,100 1,007,612 609,723 1,617,335 295,924 - 1,913,259
305 Public Safety Plan 13,038,494 66,414,346 2,683,709 82,136,549 3,794,469 85,931,018 1,954,006 2,753,000 90,638,024
306 City Facilities 1,914,000 7,500,000 - 9,414,000 15,165,590 24,579,590 (389,446) - 24,190,144
401 Water 5,149,522 7,317,000 7,524,000 19,990,522 908,249 20,898,771 446,994 - 21,345,765
402 Sewer 9,174,430 9,912,000 9,912,000 28,998,430 1,037,650 30,036,080 3,180,422 - 33,216,502
411 Foster Golf Course 640,081 1,793,900 1,847,900 4,281,881 33,000 4,314,881 (368,149) 311,267 4,257,999
412 Surface Water 754,303 9,070,000 7,990,000 17,814,303 1,840,800 19,655,103 474,847 - 20,129,950
501 Equipment Rental 3,874,899 3,619,089 3,221,544 10,715,532 420,003 11,135,535 1,363,254 - 12,498,789
502 Insurance Fund 1,137,704 6,563,872 6,889,436 14,591,012 176,587 14,767,599 (779,699) 400,000 14,387,900
503 Insurance - LEOFF 1 Fund 527,005 266,533 266,541 1,060,079 - 1,060,079 107,271 - 1,167,350
611 Firemen's Pension 1,449,856 74,000 74,000 1,597,856 - 1,597,856 - 1,597,856
Total 70,141,403$ 199,630,032$ 171,919,356$ 441,690,791$ (9,445,031)$ 432,245,760$ 10,259,015$ 6,026,238$ 448,531,013$
000 General 65,865,875$ 65,821,945$ 14,045,513$ 145,733,333$ 2,787,716$ 148,521,049$ 1,483,137$ (883,435)$ 149,120,751$
101 Lodging Tax 693,131 695,498 1,562,673 2,951,302 247,323 3,198,625 388 262,315 3,461,328
103 Residential Street 6,616,000 5,701,000 222,621 12,539,621 (2,161,077) 10,378,544 - 140,042 10,518,586
104 Arterial Street 8,854,599 48,935,382 297,884 58,087,865 (40,398,440) 17,689,425 676,992 219,036 18,585,453
105 Contingency - - 6,895,897 6,895,897 109,832 7,005,729 700,000 (303,751) 7,401,978
109 Drug Seizure Fund 60,000 60,000 216,507 336,507 - 336,507 - 35,211 371,718
2XX LTGO Debt Service 4,979,263 4,589,893 388,086 9,957,242 (214,085) 9,743,157 - (57,739) 9,685,418
206 LID Guaranty - - 685,637 685,637 - 685,637 - 20,407 706,044
213 UTGO Bonds 2,841,675 3,713,175 40,117 6,594,967 - 6,594,967 - 48,708 6,643,675
233 2013 LID 688,637 668,613 707,287 2,064,537 - 2,064,537 - 44,199 2,108,736
301 Land Acquisition, Recreation & Park Dev.605,000 50,000 609,282 1,264,282 695,000 1,959,282 - 1,285,397 3,244,679
302 Urban Renewal 235,000 215,000 1,783,064 2,233,064 5,362,629 7,595,693 3,153,000 (419,485) 10,329,208
303 General Government Improvements 353,094 358,015 27,652 738,761 140,000 878,761 - 131,140 1,009,901
304 Fire Improvements 500,000 500,000 7,612 1,007,612 609,723 1,617,335 - 295,924 1,913,259
305 Public Safety Plan 39,896,578 40,028,146 2,211,825 82,136,549 3,794,469 85,931,018 10,500,000 (5,792,994) 90,638,024
306 City Facilities 4,629,000 4,785,000 - 9,414,000 15,165,590 24,579,590 (5,000,000) 4,610,554 24,190,144
401 Water 7,650,901 9,000,238 3,339,383 19,990,522 908,249 20,898,771 10,043 436,951 21,345,765
402 Sewer 10,774,916 9,783,035 8,440,479 28,998,430 1,037,650 30,036,080 8,847 3,171,575 33,216,502
411 Foster Golf Course 1,765,345 1,810,408 706,128 4,281,881 33,000 4,314,881 108,736 (165,618) 4,257,999
412 Surface Water 8,933,224 7,302,426 1,578,653 17,814,303 1,840,800 19,655,103 16,276 458,571 20,129,950
501 Equipment Rental 4,435,204 3,777,658 2,502,670 10,715,532 420,003 11,135,535 218,819 1,144,435 12,498,789
502 Insurance Fund 6,904,662 7,412,104 274,246 14,591,012 176,587 14,767,599 - (379,699) 14,387,900
503 Insurance - LEOFF 1 Fund 465,755 489,313 105,011 1,060,079 - 1,060,079 - 107,271 1,167,350
611 Firemen's Pension 69,991 69,991 1,457,874 1,597,856 - 1,597,856 - - 1,597,856
Total 177,817,850$ 215,766,840$ 48,106,101$ 441,690,791$ (9,445,031)$ 432,245,760$ 11,876,238$ 4,409,015$ 448,531,013$
Total Revenues
Total Expenditures
EXPENDITURES
2019
Expenditures
2020
Expenditures
2020 Ending
Fund Balance Total Expenditures
Mid-Biennial
Amended
Expenditures
Mid-Biennial
Amendments
Mid-Biennial
Amendments
Beginning Fund
Balance Adjustment
2020 Year-End
Amendments
Net Effect on 2020
Ending Fund Balance
2020 Year-End
Amendments
City of Tukwila 2020 Year-End Budget Amendment
Reconciliation of 2020 Budget Summary to Ordinance
REVENUES
2019 Beginning
Fund Balance
2019
Revenues
2020
Revenues
Total
Revenues
Mid-Biennial
Amended
Revenues
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0
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Committee of the Whole
FROM: Laurel Humphrey, Legislative Analyst
DATE: October 20, 2020
SUBJECT: Land Acknowledgement Practice
ISSUE
Some groups and agencies have adopted a practice of land acknowledgement, which is a
formal statement that pays tribute to the indigenous inhabitants of the local land. The King
County Committee of the Whole and the Seattle City Council’s Land Use & Neighborhoods
Committee open with these statements. The Edmonds City Council has also incorporated
this practice into its Council meetings.
BACKGROUND
During a preliminary Council discussion on the matter, concerns were raised around legal or
political implications, types of events where this would be appropriate, as well as how to be
inclusive of other groups that have experienced historical injustices. The Committee of the
Whole discussed this again on March 23, 2020 and referred it to the Finance Committee for a
recommendation.
Staff is seeking Council direction on implementing a land acknowledgement practice, and if it
chooses to do so, in which types of events. Some options that emerged from prior Council
discussions are:
Opening of City Council meetings
Dedication of City facilities on public lands
Plaque or other installation in city facilities (this was done in the new Station 51 and
Justice Center buildings and will also be incorporated into the new Fire Station 52)
Statement on website or other media
Statement about origin of the name Tukwila on City Council agendas
City Council resolution of land acknowledgement
City staff sought advice from a cultural resources consultant when crafting the land
acknowledgement language to be included in the Stations 51, 52 and Justice Center facilities.
That recommendation, which was implemented, is:
“The City of Tukwila is located on the ancestral lands of the Coast Salish people. We
acknowledge their continuing connections to land, waters and culture. We pay our respects
to their elders past, present and emerging.”
RECOMMENDATION
This is presented for Committee discussion and recommendation.
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