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HomeMy WebLinkAboutCOW 2022-06-27 COMPLETE AGENDA PACKETTukwila City Council Agenda ••• COMMITTEE •OF THE WHOLE ❖ �J���LA wqs, y 41. 11101 0 %.11+ /// 2 Q. 190E Allan Ekberg, Mayor Councilmembers: •:• Kathy Hougardy •:• De'Sean Quinn David Cline, CityAdministrator •:• Kate Kruller •:• Cynthia Delostrinos Johnson Thomas McLeod, Council President •:•Mohamed Abdi •:• Tosh Sharp THE MEETING WILL ON-SITE THE Monday, June 27, BE CONDUCTED BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. PRESENCE WILL BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). PHONE NUMBER FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting For Technical Support during the meeting call: 1-206-433-7155. 2022; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT 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. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncilOtukwilawa.gov with your name and topic by 5:00 PM on the meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. SPECIAL ISSUES a. A contract amendment with Axon to provide body and dash cameras, conducive energy devices, and digital evidence for the Police Department. b. A Memorandum of Agreement for tiny house villages. Jon Grant, LIHI (Low Income Housing Institute). c. Discussion on a broker for the health care contract. d. Acceptance of the COPS Hiring Program Grant for a community liaison position, in the amount of $125,000.00. e. Future of Fire/Emergency Medical Services. Pg.1 Pg.61 Pg.111 Pg.129 Pg.135 5. REPORTS a. Mayor b. City Council c. Staff 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING (continued..) SPECIAL MEETING June 27, 2022 Page 3 SPECIAL MEETING • Ord #2674 • Res #2047 1. CALL TO ORDER / ROLL CALL 2. APPOINTMENT Confirm the appointment of Martin Probst to Position #3 on the Planning Commission, with a term expiring December 31, 2023. Pg.187 3. CONSENT AGENDA a. Approval of Minutes: 6/6/22 (Regular Mtg.); 6/13/22 (Special Mtg.) b. Approval of Vouchers: #00400854-00400917 in the amount of $1,083,804.28. c. Authorize the Mayor to sign Amendment No. 1 to contract #17-123 with Axon Enterprise, Inc., for Police Department body cameras, tasers, marked police vehicles outfitted with dash cameras, and software licenses to continue using Evidence.com, in the amount of $972,747.23 (over the 5 -year agreement). [Reviewed and forwarded to Consent by the Committee of the Whole on 6/27/22.] d. A resolution adopting a Six -Year Transportation Improvement Program (2023-2028), and directing the same to be filed with the State Secretary of Transportation and the Transportation Improvement Board. [Reviewed and forwarded to Consent by the Committee of the Whole on 6/13/22.] e. Authorize the Mayor to sign a contract with Alliant Insurance Services, Inc., for health care broker services in the amount of $52,750.00 annually. [Reviewed and forwarded to Consent by the Committee of the Whole on 6/27/22.] f. Award a bid and authorize the Mayor to sign a contract with Tucci and Sons, Inc., for the 2022 Overlay and Repair Program in the amount of $1,612,609.75 (plus contingency). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 6/21/22.] g. Authorize the Mayor to sign Amendment No. 5 to contract #18-197 with SHKS Architects for design and construction services for roofing enhancement, envelope painting/repair, and addition of detached storage buildings for the Public Works Fleet & Facilities Tenant Improvement Project in the amount of $130,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 6/21/22.] (continued..) Pg.1 Pg.195 Pg.111 Pg.217 Pg.239 SPECIAL MEETING June 27, 2022 Page 2 3. CONSENT AGENDA (cont.) h. Authorize the Mayor to sign Amendment No. 5 to contract #16-179 with Shiels Obletz Johnsen (SOJ) for construction administration for roofing enhancement, envelope painting/repair, and addition of detached storage buildings for the Public Works Fleet & Facilities Tenant Improvement Project in the amount of $84,901.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 6/21/22.] i. Authorize the Mayor to sign Change Order No. 15 to contract #21-046 with Lincoln Construction, Inc., for roofing enhancements for the Public Works Fleet & Facilities Tenant Improvement Project in the amount of $339,441.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 6/21/221 j. Authorize the Mayor to accept the COPS Hiring Program Grant for a community liaison position, in the amount of $125,000.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 6/27/22.) Pg.249 Pg.257 Pg.129 4. UNFINISHED BUSINESS a. An ordinance amending Ordinance Nos. 2080 §2 and 1733 §2, as codified at Tukwila Municipal Code Section 3.20.020, "Admissions Tax Levied", to update the admissions tax collection process for Foster Golf Course revenues. b. An ordinance repealing Ordinance Nos. 2274, 2516 and 2423, as codified in Tukwila Municipal Code (TMC) Chapter 14.30, "Surface Water Management;" repealing Ordinance No. 2275, thereby eliminating TMC Chapter 14.31, "Illicit Discharge Detection and Elimination;" reenacting TMC Chapter 14.30 to update regulations regarding stormwater safety, control and management. Pg.279 Pg.283 5. EXECUTIVE SESSION Property Sale or Lease — Pursuant to RCW 42.30.110(1)(c) (30 minutes) POTENTIAL ACTION in the open meeting to follow. 6. NEW BUSINESS Authorize the Mayor to enter into agreements for leasing property at 11231 East Marginal Way South, including any necessary extensions while the City finalizes the design, planning and bidding of Public Works Shops Phase 2, upon terms agreeable to the Mayor and City Attorney. Pg.313 7. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: htt,ps//w,t..wilawa.,g©v/departirm.rats/c ty-courfcili COUNCIL AGENDA SYNOPSIS 110 Initials ITEM No. '" Meeting Date Prepared by Mayor's review Council review lipiliN cif 6/27/22 PH 4. A. & S pec 3. C . ITEM INFORMATION STAFF SPONSOR: ERIC LUND ORIGINAL AGENDA DATE: 6/27/22 AGENDA ITEM TITLE Contract renewal with Axon CATEGORY a Mtg Discussion Date 6/27/22 a Motion Mtg Date 6/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R 11 Police ❑ PI SPONSOR'S In 7/2017, the Tukwila PD entered into a 5 -year contract with Axon Enterprises to outfit SUNLMARY officers with body cameras, dashboard cameras for patrol cars, and tasers. Contract is due to expire in 8/2022. The Council is being asked to approve this contract renewal at the COW on 6/13/22 and Special Meeting on 6/27/22. This renewal allows officers to continue to be outfitted with body cameras, tasers, marked police vehicles outfitted with dash cameras, and software licenses to continue using Evidence.com (digital evidence) REVIEWED BY ❑ Trans&Infrastructure Svcs 11 ❑ LTAC ❑ DATE: 5/23/22 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPoNsoR/ADJAEN. Police Department COMMII IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $972,747.23 $ $ Fund Source: PD BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/27/22 MTG. DATE ATTACHMENTS 6/27/22 Informational Memorandum dated 5/17/22 (updated) Five-year cost analysis (updated) Contract for services -Amendment #1 (updated) Contract for services #17-123 Minutes from the Community Services and Safety Committee meeting of 5/23/22 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Eric Dreyer, Chief of Police BY: Eric Lund, Deputy Chief of Police CC: Mayor Ekberg DATE: May 17th, 2022 (updated) SUBJECT: Contract with Axon ISSUE The Tukwila Police Department and Axon Enterprises desire to enter into a new agreement for the purposes of continuing to provide officers with body cameras, dash cameras, conductive energy devices (CED), digital evidence storage, and software licenses. BACKGROUND In July of 2017, Tukwila PD entered into a 5 -year contract with Axon Enterprises to outfit officers with body cameras, dashboard cameras for patrol cars, and CED's (commonly called Tasers). That contract is due to expire in August of 2022. DISCUSSION The purpose of body cameras is for increased public safety, officer safety, enhanced recall of incidents and scenes, and increased transparency and accountability from the police department. The benefits of body cameras for police departments include less confrontations and violence against police officers, less complaints against officers, less uses of force by officers, and lower litigation and investigation costs. The department also utilizes Evidence.com which is our digital evidence collection and storage site. This is an invaluable tool to keep records in compliance with the state retention schedule and eases sharing of evidence with our partner agencies. The body camera and dashboard cameras have been a great success in the past 5 years. Many police departments in our region are just now starting their body camera programs. Ire R "1 I �W.1� d partment purchased 50 body_ worn cameras., 0 Ira ir., and For the current con race dr enurnnlber of cameras to be purchased has incr worn carne ira., '1 1"aser., and 41 cameras: t cameras. 061body The Axon Products are separated into 2 groups, body cameras/Tasers and Fleet or Dashboard Cameras. BWC/Tasers are bundled into the Core+ plan which amounts to $145.61 per officer per month. To staff uniformed personnel the department requires enough equipment to outfit 61 officers for 5 years. This cost also includes software licenses, digital storage, and a hardware upgrade after 2.5 years. The total amount is $586,356 including tax which is $117,471 per year. Fleet/Dashboard cameras cost approximately $208 per marked patrol car per month. With refunds owed to the department by Axon, 29 of the 41 cars will cost x$148 per car per month. 3 INFORMATIONAL MEMO Page 2 This contract will include the "Fleet 3" camera, which is an upgrade to the current cameras installed (Fleet 2). In additional to higher quality cameras, each patrol camera will be equipped with automated license plate recognition (ALPR) which will greatly increase our investigative and crime reduction abilities. Each patrol car requires 2 cameras. One camera faces out of the front windshield of the patrol car and the other is for the prisoner compartment of the vehicle. The total amount is $385,390 including tax which is $77,078 per year. The total per year for body cameras, CED's, and dashboard cameras is $972,747.23 for the life of the contract or $194,549 per year. FINANCIAL IMPACT Department will attempt to absorb the increased costs within existing budget but may have to submit a budget amendment later this year if conditions change. RECOMMENDATION The Committee is being asked to make a recommendation to forward to the Committee of the Whole on 6/13/22 and subsequent Special Meeting on 6/27/22. This contract renewal with Axon Enterprise allows officers to continue to be outfitted with body cameras, Tasers, marked police vehicles outfitted with dash cameras, and software licenses to continue using Evidence.com (digital evidence storage). ATTACHMENTS 5 -year cost analysis (updated) Contract for Services — Amendment #1 (updated) Contract for Services #17-123 hllpsI/tukwil ....rny.5. irc;, cri 4 'tukwiilawE v/El.t /Ui:i 3 ii..c5. .Elt;c turic;ri,I M m�rr�inr:u „{Iriftr Mc,r .91 $2.SCMJO 3 ,3171„00 $1.50,000 $10u,a)o $0 $174,339 $ 81„ E. 4() LI AXON 5 year contract June 2022 - June 2026 Cost of Axon Products/Services $2„.384 2017 2018 2(19 82( 2483 010 $193„ 549 $ 193,549 $ i:3 549$.1.93,549 193„549 AI?,1 ;co 2 ; .023 2 ;)24 ; 025 2026 5 6 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Axon Enterprise, Inc. That portion of Contract No. 17-123 ("Contraat"), between the City of Tukwila and Axon Enterprise, Inc. is hereby amended as follows: 1. Al„1„„a(:Jhruruo(,i,',',',orit Dind.A1„1eo(:',.h t(„„„„). tPo 005AJ l'""""111"""h 0003 121°00,10111e(00000 (0001011""1"11 (0010 111"1"t 0003(00000t003 "0°10101)rth (2,4„:„:„„):ridOtII(,„„„).ri "0°10101)r o„„„105(00000., 10 (J.,„,„311oppc„„„).rt .Ax„.(„pri prc„).doKrd„.:,310 d O yR 1 d i 1Oh d .(:)4.1-131„;14;5,-4- "'„75,'"O' 1E3 III -1 ind ft B t h LUh whII(2',.h H hHbypc„„„)ritd by ho n cko n h0003 Pit 205 "01°011)0 0 ("11)W013 " 1 3(:::h („„; (Ax.(„).ri III""""' tApp d tx„). t h 005 .Arruo ri dm Estimated Start Date 9/1/2022 Contract Term: 5 years Attachment incorporated into the Agreement. Attachment incorporated into the Agreement. The appendix in the Original Agreement titled "Axon Fleet Appendix" is hereby deleted in its cntircty and replaced with Attachment C. CA Reviewed May 2020 Page 1 of 2 7 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 ATTACHMENT D Quote Q-374532-44680.751BH: Attachment incorporated into the Agreement Attachment incorporated into the Agreement Agreement Number: All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA day of , 2022. AXON ENTERPRISE, INC. Allan Ekberg, Mayor Printed Name: ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 8 Page 2 of 2 ATTACHMENT A- TASER 7 Appendix This TASER 7 Appendix applies to Agency's TASER 7, OSP 7, or OSP 7 Plus purchase from Axon, if applicable. 1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2. Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically. 3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5 -year term, which includes the hardware manufacturer's warranty plus the 4 -year extended term. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade -In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade -In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade -In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date. 6. Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not exceed the number of end users than the Quote specifies. 7. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body. 8. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 8.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given. 8.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non -appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. 9 ATTACHMENT B- Axon Respond Appendix This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote. 1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good -faith discussions with Agency on upgrading Agency's Axon Respond to better meet Agency's needs. 3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body -worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon's choice to provide LTE service. Axon may change LTE carriers during the Term without Agency's consent. 4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency's LTE carrier. 5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier's control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. 5.1. With regard to Axon Body 3, Partner networks are made available as -is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third -party beneficiary of any agreement between Axon and the underlying carrier. 6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon - provided LTE service. 10 ATTACHMENT C- Axon Fleet Appendix If Axon Fleet is included on the Quote, this Appendix applies. 1. Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency's representations are inaccurate, the Quote is subject to change. 2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint's end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 3. Third -party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4. Wireless Offload Server. 4.1. License Grant. Axon grants Agency a non-exclusive, royalty -free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within WOS. 4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency's store and forward servers solely for troubleshooting and maintenance. 5. Axon Vehicle Software. 5.1. License Grant. Axon grants Agency a non-exclusive, royalty -free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software") "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Axon Vehicle Software. 6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within 7 days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and 11 properly operational in -car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. 7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as schedule on the Quote. 7.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. 7.2. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 8. Axon Fleet Termination. Axon may terminate Agency's Fleet subscription for non-payment. Upon any termination: 8.1. Axon Fleet subscription coverage terminates, and no refunds will be given. 8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. 12 Attachment D — Quote Q-374532-44680.751 BH See Next Page 13 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Q-374532-44680.751 BH Issued: 04/29/2022 Quote Expiration: 06/30/2022 Estimated Contract Start Date: 08/01/2022 Account Number: 107449 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Delivery;lnvoice-6200 Southcenter Blvd 6200 Southcenter Blvd Tukwila, WA 98188-2544 USA Quote Summary Program Length Tukwila Police Dept. - WA 6200 Southcenter Blvd Tukwila, WA 98188-2544 USA I Email: 60 Months Rachel Hall ; Phone: Email: rhall@axon.com Fax: Eric Lund Phone: (206) 433-1821 Email: e.lund@tukwilawa.gov Fax: (206) 244-6181 Discount Summary Average Savings Per Year $65,881.86 TOTAL COST ESTIMATED TOTAL W/ TAX Payment Summary $540,066.02 $587,356.49 TOTAL SAVINGS $329,409.28 Date Jun 2022 2023 2024 2025 2026 Total Subtotal $108,013.14 $108,013.22 $108,013.22 $108,013.22 $108,013.22 $540,066.02 Tax $9,458.03 $9,458.11 $9,458.11 $9,458.11 $9,458.11 $47,290.47 Total $117,471.17 $117,471.33 ; $117,471.33 $117,471.33 $117,471.33 ; $587,356.49 Page 1 Q-374532-44680.751 BH Quote Unbundled Price: Quote List Price: Quote Subtotal: Pricing All deliverables are detailed in Delivery Schedules section lower in proposal $869,482.51 $658,977.00 $540,066.02 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program Core+Renewal 2021 Core+ Renewal 61 59 $207.49 $149.00 $145.61 $524,051.06 $45,672.96 $569,724.02 A la Carte Hardware AB3C AB3 Camera Bundle 63 $699.00 $0.00 $0.00 $0.00 $0.00 AB3MBD AB3 Multi Bay Dock Bundle 8 $1,495.00 $0.00 $0.00 $0.00 $0.00 A la Carte Software ProLicense Pro License Bundle 29 59 $39.00 $9.36 $16,014.96 $1,617.51 $17,632.47 Total $540,066.02 $47,290.47 $587,356.49 cn Page 2 Q-374532-44680.751BH Delivery Schedule Hardware Bundle 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal Item Description 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 20018 TASER 7 BATTERY PACK, TACTICAL 20050 HOOK -AND -LOOP TRAINING (HALT) SUIT 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5 -DEGREE) NS 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5 -DEGREE) NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 22177 TASER 7 HOOK -AND -LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 22178 TASER 7 HOOK -AND -LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5 -DEGREE) NS 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK QTY Estimated Delivery Date 61 07/01/2022 2 07/01/2022 73 07/01/2022 07/01/2022 41 07/01/2022 20 07/01/2022 183 07/01/2022 122 07/01/2022 183 07/01/2022 122 07/01/2022 122 07/01/2022 122 07/01/2022 50 07/01/2022 50 07/01/2022 1 07/01/2022 07/01/2022 07/01/2022 1 07/01/2022 61 07/01/2022 1 07/01/2022 1 07/01/2022 07/01/2022 07/01/2022 07/01/2022 07/01/2022 07/01/2022 07/01/2022 07/01/2023 07/01/2023 1 2021 Core+ Renewal 71019 NORTH AMER POWER CORD FOR AB3 8 -BAY, AB2 1 -BAY / 6 -BAY DOCK 1 2021 Core+ Renewal 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 122 2021 Core+ Renewal 74200 TASER 7 6 -BAY DOCK AND CORE 2021 Core+ Renewal 75015 SIGNAL SIDEARM KIT 2021 Core+ Renewal 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 2021 Core+ Renewal 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 AB3 Camera Bundle 11534 USB -C to USB -A CABLE FOR AB3 OR FLEX 2 70 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 63 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 2 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 70 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8 -BAY, AB2 1 -BAY / 6 -BAY DOCK 8 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 8 2021 Core+ Renewal 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5 -DEGREE) NS 122 2021 Core+ Renewal 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 122 2021 Core+ Renewal 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5 -DEGREE) NS 122 2021 Core+ Renewal 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 122 2021 Core+ Renewal 22177 TASER 7 HOOK -AND -LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 122 2021 Core+ Renewal 22178 TASER 7 HOOK -AND -LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 122 2021 Core+ Renewal 73309 AXON CAMERA REFRESH ONE 63 2021 Core+ Renewal 73689 MULTI -BAY BWC DOCK 1ST REFRESH 8 2021 Core+ Renewal 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5 -DEGREE) NS 122 2021 Core+ Renewal 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 122 2021 Core+ Renewal 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5 -DEGREE) NS 122 2021 Core+ Renewal 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12 -DEGREE) NS 122 2021 Core+ Renewal 73310 AXON CAMERA REFRESH TWO 63 2021 Core+ Renewal 73688 MULTI -BAY BWC DOCK 2ND REFRESH 8 Page 3 07/01/2024 07/01/2024 07/01/2024 01/01/2025 01/01/2025 07/01/2025 07/01/2025 07/01/2026 07/01/2026 07/01/2027 07/01/2027 Q-374532-44680.751 BH Software Bundle 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal Pro License Bundle Pro License Bundle Services Item Description 20248 TASER 7 EVIDENCE.COM LICENSE 20248 TASER 7 EVIDENCE.COM LICENSE 73449 RESPOND DEVICE LICENSE 73682 AUTO TAGGING LICENSE 73683 10 GB EVIDENCE.COM A -LA -CART STORAGE - 73686 UNLIMITED BWC + CAPTURE STORAGE 73746 PROFESSIONAL EVIDENCE.COM LICENSE 73683 10 GB EVIDENCE.COM A -LA -CART STORAGE - 73746 PROFESSIONAL EVIDENCE.COM LICENSE QTY 61 1 61 61 183 61 61 87 29 Estimated Start Date 08/01/2022 08/01/2022 08/01/2022 08/01/2022 08/01/2022 08/01/2022 08/01/2022 08/01/2022 08/01/2022 Estimated End Date 06/30/2027 06/30/2027 06/30/2027 06/30/2027 06/30/2027 06/30/2027 06/30/2027 06/30/2027 06/30/2027 Bundle 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal Warranties Item Description 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE Bundle 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal 2021 Core+ Renewal Page 4 Item 80464 80464 80465 80374 80395 80395 80396 Description EXT WARRANTY, EXT WARRANTY, EXT WARRANTY, EXT WARRANTY, EXT WARRANTY, EXT WARRANTY, EXT WARRANTY CAMERA (TAP) CAMERA (TAP) MULTI -BAY DOCK (TAP) TASER 7 BATTERY PACK TASER 7 HANDLE TASER 7 HANDLE TASER 7 SIX BAY DOCK QTY 61 2 8 73 61 2 Estimated Start Date 08/01/2022 08/01/2022 08/01/2022 07/01/2023 07/01/2023 07/01/2023 07/01/2023 Estimated End Date 06/30/2027 06/30/2027 06/30/2027 07/31/2027 07/31/2027 07/31/2027 07/31/2027 Q-374532-44680.751 BH °o Payment Details Jun 2022 Invoice Plan Year 1 Year 1 Year 1 Year 1 Total Item AB3C AB3MBD Core+Renewal ProLicense Description AB3 Camera Bundle AB3 Multi Bay Dock Bundle 2021 Core+ Renewal Pro License Bundle Qty 63 8 61 29 Subtotal $0.00 $0.00 $104,810.23 $3,202.91 $108,013.14 Tax $0.00 $0.00 $9,134.61 $323.42 $9,458.03 Total $0.00 $0.00 $113,944.84 $3,526.33 $117,471.17 Jul 2023 Invoice Plan Year 2 Yearn Yearn Yearn Total Item AB3C AB3MBD Core+Renewal ProLicense Description AB3 Camera Bundle AB3 Multi Bay Dock Bundle 2021 Core+ Renewal Pro License Bundle Qty 63 8 61 29 Subtotal $0.00 $0.00 $104,810.23 $3,202.99 $108,013.22 Tax $0.00 $0.00 $9,134.61 $323.50 $9,458.11 Total $0.00 $0.00 $113,944.84 $3,526.49 $117,471.33 Jul 2024 Invoice Plan Year 3 Year 3 Year 3 Year 3 Total Item AB3C AB3MBD Core+Renewal ProLicense Description AB3 Camera Bundle AB3 Multi Bay Dock Bundle 2021 Core+ Renewal Pro License Bundle Qty 63 8 61 29 Subtotal $0.00 $0.00 $104,810.23 $3,202.99 $108,013.22 Tax $0.00 $0.00 $9,134.61 $323.50 $9,458.11 Total $0.00 $0.00 $113,944.84 $3,526.49 $117,471.33 Jul 2025 Invoice Plan Year 4 Year 4 Year 4 Year 4 Total Item AB3C AB3MBD Core+Renewal ProLicense Description AB3 Camera Bundle AB3 Multi Bay Dock Bundle 2021 Core+ Renewal Pro License Bundle Qty 63 8 61 29 Subtotal $0.00 $0.00 $104,810.23 $3,202.99 $108,013.22 Tax $0.00 $0.00 $9,134.61 $323.50 $9,458.11 Total $0.00= $0.00 $113,944.84 $3,526.49 $117,471.33 Jul 2026 Invoice Plan Year 5 Year 5 Year 5 Year 5 Total Item AB3C AB3MBD Core+Renewal ProLicense Description AB3 Camera Bundle AB3 Multi Bay Dock Bundle 2021 Core+ Renewal Pro License Bundle Qty 63 8 61 29 Subtotal $0.00 $0.00 $104,810.23 $3,202.99 $108,013.22 Tax $0.00 $0.00 $9,134.61 $323.50 $9,458.11 Total $0.00= $0.00 $113,944.84 $3,526.49 $117,471.33 Page 5 Q-374532-44680.751 BH Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP: Axon Enterprise Inc. Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. CO Page 6 Q-374532-44680.751BH N O Signature Date Signed 4/29/2022 Page 7 Q-374532-44680.751BH abed WON 009 N H81.9L.089tt-ZEStLE-0 aTonO — TuawuoeilV Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Q-388116-44680.889 B H Issued: 04/29/2022 Quote Expiration: 06/30/2022 Estimated Contract Start Date: 10/01/2022 Account Number: 107449 Payment Terms: N30 Delivery Method: Fedex - Ground SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Tukwila Police Department 15005 Tukwila International Boulevard Tukwila, WA 98188 USA Quote Summary Program Length Tukwila Police Dept. - WA 15005 Tukwila International Boulevard Tukwila, WA 98188 USA I Email: 60 Months Rachel Hall ; Phone: Email: rhall@axon.com Fax: Eric Lund Phone: (206) 433-1821 Email: e.lund@tukwilawa.gov Fax: (206) 244-6181 Discount Summary Average Savings Per Year $45,030.17 TOTAL COST ESTIMATED TOTAL W/ TAX Payment Summary $350,037.00 $385,390.74 TOTAL SAVINGS $225,150.84 Date Jun 2022 2023 2024 2025 2026 Total Subtotal $70,007.36 $70,007.41 $70,007.41 $70,007.41 $70,007.41 $350,037.00 Tax $7,070.78 $7,070.74 $7,070.74 $7,070.74 $7,070.74 $35,353.74 Total $77,078.14 $77,078.15 $77,078.15 $77,078.15 $77,078.15 ; $385,390.74 Page 1 Q-388116-44680.889BH Quote Unbundled Price: Quote List Price: Quote Subtotal: Pricing All deliverables are detailed in Delivery Schedules section lower in proposal $575,178.40 $477,025.00 $350,037.00 Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program Fleet3A Fleet 3 Advanced 12 60 $260.49 $208.00 $208.00 $149,760.01 $15,125.76 $164,885.77 Fleet3ARe Fleet 3 Advanced Renewal 29 60 $182.69 $148.00 $115.10 $200,276.99 $20,227.98 $220,504.97 A la Carte Hardware 72036 FLEET 3 STANDARD 2 CAMERA KIT Total 29 $2,405.00 $0.00 $0.00 $350,037.00 $0.00 $35,353.74 $0.00 $385,390.74 Page 2 Q-388116-44680.889BH N Delivery Schedule Hardware Bundle Fleet 3 Advanced Fleet 3 Advanced Fleet 3 Advanced Fleet 3 Advanced Fleet 3 Advanced Ala Carte Fleet 3 Advanced Fleet 3 Advanced Renewal Software Item Description 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 70112 AXON SIGNAL UNIT 71200 FLEET ANT, AIRGAIN, 5 -IN -1, 2LTE, 2WIFI, 1GNSS, BL 72034 FLEET SIM INSERTION, VZW 72036 FLEET 3 STANDARD 2 CAMERA KIT 72036 FLEET 3 STANDARD 2 CAMERA KIT 72040 FLEET REFRESH, 2 CAMERA KIT 72040 FLEET REFRESH, 2 CAMERA KIT QTY Estimated Delivery Date 12 09/01/2022 12 09/01/2022 12 09/01/2022 12 09/01/2022 12 09/01/2022 29 09/01/2022 12 09/01/2027 29 09/01/2027 Bundle Fleet 3 Advanced Fleet 3 Advanced Fleet 3 Advanced Fleet 3 Advanced Fleet 3 Advanced Renewal Fleet 3 Advanced Renewal Fleet 3 Advanced Renewal Fleet 3 Advanced Renewal Services Item Description 80400 FLEET, VEHICLE LICENSE 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 80402 RESPOND DEVICE LICENSE - FLEET 3 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 80400 FLEET, VEHICLE LICENSE 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 80402 RESPOND DEVICE LICENSE - FLEET 3 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA QTY 12 12 12 24 29 29 29 58 Estimated Start Date 10/01/2022 10/01/2022 10/01/2022 10/01/2022 10/01/2022 10/01/2022 10/01/2022 10/01/2022 Estimated End Date 09/30/2027 09/30/2027 09/30/2027 09/30/2027 09/30/2027 09/30/2027 09/30/2027 09/30/2027 Bundle Fleet 3 Advanced Fleet 3 Advanced Renewal Warranties Item Description 73391 FLEET 3 NEW INSTALLATION (PER VEHICLE) 73392 FLEET 3 UPGRADE INSTALLATION (PER VEHICLE) QTY 12 29 Bundle Fleet 3 Advanced Fleet 3 Advanced Fleet 3 Advanced Renewal Page 3 Item Description 80379 EXT WARRANTY, AXON SIGNAL UNIT 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT QTY 12 12 29 Estimated Start Date 10/01/2022 09/01/2023 09/01/2023 Estimated End Date 09/30/2027 09/30/2027 09/30/2027 Q-388116-44680.889BH Payment Details Jun 2022 I Invoice Plan Year 1 Year 1 Year 1 Total Item 72036 Fleet3A Fleet3ARe Description FLEET 3 STANDARD 2 CAMERA KIT Fleet 3 Advanced Fleet 3 Advanced Renewal Qty 29 12 29 Subtotal $0.00 $29,952.01 $40,055.35 $70,007.36 Tax $0.00 $3,025.15 $4,045.63 $7,070.78 Total I $0.00 I $32,977.16 I $44,100.98 $77,078.14 Jul 2023 I Invoice Plan Year 2 Yearn Year 2 Total Item 72036 Fleet3A Fleet3ARe Description FLEET 3 STANDARD 2 CAMERA KIT Fleet 3 Advanced Fleet 3 Advanced Renewal Qty 29 12 29 Subtotal $0.00 $29,952.01 $40,055.40 $70,007.41 Tax $0.00 $3,025.15 $4,045.59 $7,070.74 Total I $0.00 I $32,977.16 I $44,100.99 $77,078.15 Jul 2024 I Invoice Plan Year 3 Year 3 Year 3 Total Item 72036 Fleet3A Fleet3ARe Description FLEET 3 STANDARD 2 CAMERA KIT Fleet 3 Advanced Fleet 3 Advanced Renewal Qty 29 12 29 Subtotal $0.00 $29,952.01 $40,055.40 $70,007.41 Tax $0.00 $3,025.15 $4,045.59 $7,070.74 Total I $0.00 $32,977.16 $44,100.99 I $77,078.15 Jul 2025 I Invoice Plan Year 4 Year 4 Year 4 Total Item 72036 Fleet3A Fleet3ARe Description FLEET 3 STANDARD 2 CAMERA KIT Fleet 3 Advanced Fleet 3 Advanced Renewal Qty 29 12 29 Subtotal $0.00 $29,952.01 $40,055.40 $70,007.41 Tax $0.00 $3,025.15 $4,045.59 $7,070.74 Total I $0.00 I $32,977.16 I $44,100.99 I $77,078.15 I Jul 2026 I Invoice Plan Year 5 Year 5 Year 5 I Total Item 72036 Fleet3A Fleet3ARe Description FLEET 3 STANDARD 2 CAMERA KIT Fleet 3 Advanced Fleet 3 Advanced Renewal Qty 29 12 29 Subtotal $0.00 $29,952.01 $40,055.40 $70,007.41 Tax $0.00 $3,025.15 $4,045.59 $7,070.74 Total $0.00 $32,977.16 $44,100.99 $77,078.15 Page 4 Q-388116-44680.889BH N rn Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP: Axon Enterprise Inc. Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de -identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 5 Q-388116-44680.889BH Signature Date Signed 4/29/2022 -1 Page 6 Q-388116-44680.889BH Axon Enterprise, Inc. Protect Life. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: (480) 658-0629 Richard Mitchell 206-431-3673 r.mitchell@tukwilawa.gov Bill To: Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US Ship To: Richard Mitchell Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US 17-123 Council Approval 7/17/17 AX Quotation Quote: Q-118905-7 Date: 7/11/2017 11:24 AM Quote Expiration: 7/31/2017 Contract Start Date*: 8/1/2017 Contract Term: 5 years AX Account Number: 107449 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Chris Neubeck 602-708-0074 cneubeck@taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Year 1 - Hardware and Evidence.com - Due Net 30 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 50 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK USD 399.00 USD 19,950.00 USD 0.00 USD 19,950.00 50 73004 WALL CHARGER, USB SYNC CABLE, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 50 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 50 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 20 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK USD 29.95 USD 599.00 USD 0.00 USD 599.00 20 11508 MOLLE MOUNT, DOUBLE, AXON RAPIDLOCK USD 39.95 USD 799.00 USD 0.00 USD 799.00 10 74008 AXON DOCK, 6 BAY + CORE, AXON BODY 2 USD 1,495.00 USD 14,950.00 USD 0.00 USD 14,950.00 10 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK USD 35.00 USD 350.00 USD 0.00 USD 350.00 13 22002 HANDLE, BLACK, CLASS III, X2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 13 22014 WARRANTY, 4 YEAR, X2 USD 0.00 USD 0.00 USD 0.00 USD 0.00 28 ( Page 1 of 4 i J + QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 37 11002 HANDLE, BLACK, CLASS III, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 37 11004 WARRANTY, 4 YEAR, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 50 70116 PPM, SIGNAL USD 0.00 USD 0.00 USD 0.00 USD 0.00 11 22501 HOLSTER, BLACKHAWK, RIGHT, X2, 44HT01 BK -R -B USD 0.00 USD 0.00 USD 0.00 USD 0.00 2 22504 HOLSTER, BLACKHAWK, LEFT, X2, 44HT0 1BK-L-B USD 0.00 USD 0.00 USD 0.00 USD 0.00 32 11501 HOLSTER, BLACKHAWK, RIGHT, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 11504 HOLSTER, BLACKHAWK, LEFT, X26P USD 0.00 USD 0.00 USD 0.00 USD 0.00 50 80075 OSP BWC & CEW BUNDLE: YEAR 1 PAYMENT USD 1,188.00 USD 59,400.00 USD 0.00 USD 59,400.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 15 80011 BASIC EVIDENCE.COM LICENSE: 5 YEAR USD 900.00 USD 13,500.00 USD 2,858.55 USD 10,641.45 150 85114 EVIDENCE.COM INCLUDED STORAGE (GB) -5 YEAR CONTRACT USD 0.00 USD 0.00 USD 0.00 USD 0.00 5 80021 PRO EVIDENCE.COM LICENSE: 5 YEAR USD 2,340.00 USD 11,700.00 USD 952.85 USD 10,747.15 150 85114 EVIDENCE.COM INCLUDED STORAGE (GB) -5 YEAR CONTRACT USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80052 CAD/RMS SERVICE ADD-ON: YEAR 1 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 1 85055 AXON FULL SERVICE USD 15,000.00 USD 15,000.00 USD 0.00 USD 15,000.00 Year 1 - Hardware and Evidence.com - Due Net 30 Tax Amount: Year 1 - Hardware and Evidence.com - Due Net 30 Discount: Year 1 - Hardware and Evidence.com - Due Net 30 Net Amount Due Including Taxes: USD 11,743.67 USD 16,411.40 USD 144,180.27 Spares QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 3 74001 AXON CAMERA ASSEMBLY, ONLINE, AXON BODY 2, BLK USD 0.00 USD 0.00 USD 0.00 USD 0.00 3 73004 WALL CHARGER, USB SYNC CABLE, FLEX USD 0.00 USD 0.00 USD 0.00 USD 0.00 3 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 3 74021 MAGNET MOUNT, THICK OUTERWEAR, AXON RAPIDLOCK USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 11002 HANDLE, BLACK, CLASS III, X26P USD 964.05 USD 964.05 USD 964.05 USD 0.00 1 11004 WARRANTY, 4 YEAR, X26P USD 297.75 USD 297.75 USD 297.75 USD 0.00 Spares Tax Amount: Spares Discount: Spares Net Amount Due Including Taxes: USD 0.00 USD 1,261.80 USD 0.00 Page 2 of 4 29 Year 2 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 50 80076 OSP BWC & CEW BUNDLE: YEAR 2 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80053 CAD/RMS SERVICE ADD-ON: YEAR 2 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 2 - Evidence.com Tax Amount: Year 2 - Evidence.com Discount: Year 2 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Year 3 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 50 80077 OSP BWC & CEW BUNDLE: YEAR 3 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80054 CAD/RMS SERVICE ADD-ON: YEAR 3 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 3 - Evidence.com Tax Amount: Year 3 - Evidence.com Discount: Year 3 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Year 4 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 50 80078 OSP BWC & CEW BUNDLE: YEAR 4 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80055 CAD/RMS SERVICE ADD-ON: YEAR 4 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 4 - Evidence.com Tax Amount: Year 4 - Evidence.com Discount: Year 4 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Year 5 - Evidence.com QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 50 80079 OSP BWC & CEW BUNDLE: YEAR 5 PAYMENT USD 1,188.00 USD 59,400.00 USD 6,240.00 USD 53,160.00 2,000 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 USD 0.00 70 80056 CAD/RMS SERVICE ADD-ON: YEAR 5 PAYMENT USD 180.00 USD 12,600.00 USD 12,600.00 USD 0.00 Year 5 - Evidence.com Tax Amount: Year 5 - Evidence.com Discount: Year 5 - Evidence.com Net Amount Due Including Taxes: USD 5,316.00 USD 18,840.00 USD 58,476.00 Page 3 of 4 30 Subtotal Estimated Shipping & Handling Cost Estimated Tax Grand Total Officer Safety Plan Includes: Evidence.com Pro License Upgrades to your purchased AXON cameras and Docks at years 2.5 and 5 under TAP Extended warranties on AXON cameras and Docks for the duration of the Plan Unlimited Storage for your AXON devices and data from the Evidence Mobile App One TASER CEW of your choice with a 4 year extended warranty (5 years total of warranty coverage) One CEW holster and battery pack of your choice 40 GB of included storage for other digital media Additional terms apply. Please refer to the Evidence.com Master Service Agreement for a full list of terms and conditions for the Officer Safety Plan. Hardware Shipping Estimate USD 345,076.60 USD 439.78 USD 33,007.67 USD 378,524.05 Typically, hardware shipment occurs between 4 — 6 weeks after purchase date. Product availability for new or high demand products may impact delivery time. Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at haps://www.axon.com/legal/sales-terms-and-conditions. You represent that you are lawfully able to enter into contracts and if you are entering into this agr- - -nt for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that do nr is/ . • e h authority, do not sign this Quote. �j Date: 3-71a � sr o�[7 i Signature: Name (Print): PO# (if needed): Title: Quote: Q-118905-7 rn�yor Please sign and email to Chris Neubeck at cneubeck@taser.com or fax to (480) 658-0629 THANK YOU FOR YOUR BUSINESS! `Protect Life'© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Page 4 of 4 31 Axon Enterprise, Inc. Protect Lrfe. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 Fax: (480) 658-0629 Richard Mitchell 206-431-3673 r.mitchell@tukwilawa.gov Bill To: Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US Ship To: Richard Mitchell Tukwila Police Dept. - WA 6200 SOUTHCENTER BLVD. Tukwila, WA 98188 US Quotation Quote: Q-119632-2 Date: 6/13/2017 8:34 AM Quote Expiration: 6/30/2017 Contract Start Date*: 9/1/2017 Contract Term: 5 years AX Account Number: 107449 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Chris Neubeck 602-708-0074 cneubeck@taser.com Fedex - Ground Net 30 *Note this will vary based on the shipment date of the product. Axon Fleet Pre -Order Thank you for your interest in Axon! This pre -order is a commitment to purchase Axon Fleet. Axon Fleet will be available for delivery sometime in 2017. You will be notified if there are any delays. Axon reserves the right to make product changes without notice. Axon Fleet System Compatibility Additional costs may be incurred by the customer related to installing or optimizing their wireless infrastructure in order to achieve the desired wireless download speeds, access point coverage, bandwidth or network stability. These costs are solely the responsibility of the customer. Year 1 Due Net 30 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 58 74003 CAMERA SYSTEM, AXON FLEET USD 382.28 USD 22,172.24 USD 8,307.92 USD 13,864.32 58 74025 MOUNT ASSEMBLY, AXON FLEET USD 0.00 USD 0.00 USD 0.00 USD 0.00 29 70112 AXON SIGNAL UNIT USD 0.00 USD 0.00 USD 0.00 USD 0.00 58 74024 BATTERY SYSTEM, AXON FLEET USD 0.00 USD 0.00 USD 0.00 USD 0.00 29 74027 Axon Fleet Dongle USD 0.00 USD 0.00 USD 0.00 USD 0.00 29 85731 FLEET UNLIMITED PACKAGE: YEAR 1 PAYMENT USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 80131 TRAIN INSTALLER OR INSTALLATION FACILITY, PER DAY, PER SITE USD 1,742.00 USD 1,742.00 USD 0.00 USD 1,742.00 2 74074 WI -FI OFFLOAD STORE & FORWARD SERVER HARDWARE USD 3,000.00 USD 6,000.00 USD 0.00 USD 6,000.00 Page 1 of 3 32 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 2 74067 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 1 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 1 74066 WI -Fl OFFLOAD NETWORK PROFESSIONAL SERVICES USD 1,000.00 USD 1,000.00 USD -1,500.00 USD 2,500.00 Year 1 Tax Amount: Year 1 Discount: Year 1 Net Amount Due Including Taxes: USD 2,356.43 USD 6,807.92 USD 27,662.75 Year 2 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85732 FLEET UNLIMITED PACKAGE: YEAR 2 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74068 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 2 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 2 Tax Amount: Year 2 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Year 3 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85733 FLEET UNLIMITED PACKAGE: YEAR 3 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74069 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 3 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 3 Tax Amount: Year 3 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Year 4 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85734 FLEET UNLIMITED PACKAGE: YEAR 4 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74070 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 4 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 4 Tax Amount: Year 4 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Year 5 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT ($) NET TOTAL 29 85735 FLEET UNLIMITED PACKAGE: YEAR 5 PAYMENT USD 1,188.00 USD 34,452.00 USD 0.00 USD 34,452.00 2 74071 WI -FI OFFLOAD STORE & FORWARD SOFTWARE LICENSE YEAR 5 PAYMEN USD 600.00 USD 1,200.00 USD 0.00 USD 1,200.00 Year 5 Tax Amount: Year 5 Net Amount Due Including Taxes: USD 3,565.20 USD 39,217.20 Page 2 of 3 33 Subtotal Estimated Shipping & Handling Cost Estimated Tax Grand Total Axon Body 2 Shipping USD 167,914.32 USD 280.88 USD 16,617.23 USD 184,812.43 Axon Body 2 is available for delivery between 8-10 weeks after purchase date. You will be notified if there are any delays. Axon reserves the right to make product changes without notice. Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at www.axon.comilegal. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to Axon that you have legal authority to bind that entity. If you do not have this authortiix. ono sign Q o e Signature: N Name (Print): A I I & PON (if needed): 34 Date: Title: Quote: Q-119632-2 05, l7 [VP- or Please sign and email to Chris Neubeck at cneubeck@taser.com or fax to (480) 658-0629 THANK YOU FOR YOUR BUSINESS! `Protect Life'© and TASER® are registered trademarks of Axon Enterprise, Inc, registered in the U.S. © 2013 Axon Enterprise, Inc. All rights reserved. Page 3 of 3 AXON MASTER SERVICES AND PURCHASING AGREEMENT between AXON ENTERPRISE, INC. and City of Tukwila CITY Agreement Number: 35 MASTER SERVICES AND PURCHASING AGREEMENT This Master Agreement (the Agreement) by and between Axon Enterprise, Inc., (Axon or Party) a Delaware corporation having its principal place of business at 17800 N 85th Street, Scottsdale, Arizona, 85255, and Tukwilla Police Department (Agency, Party or collectively Parties), is entered into as of July 17, 2017 (the Effective Date). This Agreement sets forth the terms and conditions for the purchase, delivery, use, and support of Axon products and services as detailed in Quote #Q-119632-2, Q118905-4 (the Quote), which is hereby incorporated by reference. In consideration of this Agreement the Parties agree as follows: 1 Term. This Agreement will commence on the Effective Date and will remain in full force and effect until terminated by either Party. Axon services will not be authorized until a signed Quote or Purchase Order is received, whichever is first. 1.1 Evidence.com Subscription Term: The Initial Term of the Subscription services will begin after shipment of the Product. If shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. Subscription Services will automatically renew for additional successive Terms of one (1) year after completion of the initial Term at the list price then in effect, unless the Agency gives Axon written notice of termination within sixty (60) days prior to the end of a one (1) year period. 1.2 Professional Services Term: Amounts pre -paid for professional services as outlined in the Quote and the Professional Service Appendix must be used within 6 months of the Effective Date. 2 Definitions. "Business Day" means Monday through Friday, excluding holidays. "Confidential Information" means all nonpublic information disclosed by Axon, Axon affiliates, business partners of Axon or their respective employees, contractors or agents that is designated as confidential. "Documentation" means the (i) specifications, explanatory or informational materials, whether in paper or electronic form, that relate to the Services provided under this Agreement, or (ii) user manuals, technical manuals, training manuals, warnings, specification or other explanatory or informational materials, whether in paper or electronic form, that relate to the Products provided under this Agreement. "Evidence.com Service" means Axon web services for Evidence.com, the Evidence.com site, EVIDENCE Sync software, Axon Capture App, Axon View App, other software, maintenance, storage, and product or service provided by us under this Agreement for use with Evidence.com. This does not include any Third Party Applications, hardware warranties, or the my.evidence.com services. "Installation Site" means the location(s) where the Products are to be installed. "Policies" means the Trademark Use Guidelines, all restrictions described on the Axon website, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials. "Products" means all Axon equipment, software, cloud based services, Documentation and software 36 4AXON maintenance releases and updates provided by Axon under this Agreement. "Quote" is an offer to sell, is valid only for products and services listed on the quote at prices on the quote. All Quotes referenced in this Agreement or issued and accepted after the Effective Date of this Agreement will be subject to the terms of this Agreement. Any terms and conditions contained within the Agency's purchase order in response to the Quote will be null and void and shall have no force or effect. Axon is not responsible for pricing, typographical, or other errors in any offer by Axon and Axon reserves the right to cancel any orders resulting from such errors. Axon reserves the right to adjust prices or Products unless otherwise specified in the Quote. "Resolution Time" means the elapsed time between Axon's acknowledgment of an issue until the problem in the Services has been resolved, which does not include time delays caused by the Agency or by third parties outside of Axon's reasonable control. "Services" means all services provided by Axon pursuant to this Agreement. "Agency Content" means software, data, text, audio, video, images or other Agency content or any of the Agency's end users (a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, process, use or store in connection with the Agency account. 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject to prior credit approval. Payment obligations are non -cancelable and fees paid are non- refundable and all amounts payable will be made without setoff, deduction, or withholding. If a delinquent account is sent to collections, the Agency is responsible for all collection and attorneys' fees. 4 Taxes. Unless Axon is provided with a valid and correct tax exemption certificate applicable to the purchase and ship -to location, the Agency is responsible for sales and other taxes associated with the order. 5 Shipping: Title: Risk of Loss: Rejection. Axon reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by Axon. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates are estimates only. The Agency may reject nonconforming Product by providing Axon written notice of rejection within 10 days of shipment. Failure to notify Axon within the 10 day rejection period will be deemed as acceptance of Product. 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 7 Warranties. 7.1 Hardware Limited Warranty. Axon warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty 710%: Mesar Services end Puron.Nno Apnem.nt wih'.hill% (npn•tun) Deportees': Lepel Version: 6.0 Reims DW: 1167017 Page 3 of 23 37 AXON through the balance of the 1 -year limited warranty term plus the term of the extended warranty measured after the expiration of the 1 -year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon - Manufactured Accessories are covered under a limited 90 -DAY warranty from the date of receipt. Non -Axon manufactured accessories are covered under the manufacturer's warranty. If Axon determines that a valid warranty claim is received within the warranty period, Axon agrees to repair or replace the Product. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. 7.2 Warranty Limitations. 7.2.1 The warranties do not apply and Axon will not be responsible for any loss, data loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non -Axon products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or (e) if any Axon serial number has been removed or defaced. 7.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 7.2.3 Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 7.3 Warranty Returns. If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. 7.3.1 For warranty return and repair procedures, including troubleshooting guides, please go to Axon's websites www.axon.corn/support or www.evidence,corm, as indicated in the appropriate product user manual or quick start guide. 7.3.2 Before delivering product for warranty service, it is the Agency's responsibility to upload the data contained in the product to the Evidence.com services or download the product data and keep a separate backup copy of the contents. Axon is not responsible for any loss of software programs, data, or other information contained Tt1ir. 6411Nr %Mew and Punhalno Anrwmant with Innit (Llanuun) Mp►rirnrnt: Waal canton: 7.d RMewu Dots: /!117017 38 Page 4 of 23 AXON on the storage media or any other part of the product services. 7.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes Axon's property. 8 Product Warnings. See our website at www: axon am for the most current product warnings. 9 Design Changes. Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 10 Insurance. Axon will maintain at Axon's own expense and in effect during the Term, Commercial General Liability Insurance, Workers' Compensation Insurance and Commercial Automobile Insurance and will furnish certificates of insurance or self-insurance upon request. 11 Indemnification. Axon will indemnify and defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of Axon under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. 12 IP Rights. Axon owns and reserves all right, title, and interest in the Axon Products and related software, as well as any suggestions made to Axon. 13 IP Indemnification. Axon will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party claim alleging that use of Axon Products or Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party. The Agency must provide Axon with prompt written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. Axon has no liability to the Agency or any third party if any alleged infringement or claim of infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by Axon; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved or recommended by Axon; (c) the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not intended; or (d) the use of other than the most current release or version of any software provided by Axon as part of or in connection with the Evidence.com Services. Nothing in this Section will affect any warranties in favor of the Agency that are otherwise provided in or arise out of this Agreement. 14 Agency Responsibilities. The Agency is responsible for (i) use of Axon Products (including any activities under the Agency Evidence.com account and use by Agency employees and agents), (ii) 110.: Master /ervlen end Pureh..lna Agreement with /.Melt. (NpneMn) apartment: Lepel Version: 0.0 ReN..e Data 41119017 Page 5 of 23 39 AXON breach of this Agreement or violation of applicable law by the Agency or any of the Agency's end users, (iii) Agency Content or the combination of Agency Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third party rights by Agency Content or by the use of Agency Content, (iv) a dispute between the Agency and any third party over Agency use of Axon products or the collection or use of Agency Content, (v) any hardware or networks that the Agency connects to the Evidence.com Services, and (vi) any security settings the Agency establishes to interact with or on the Evidence.com Services. 15 Termination. 15.1 By Either Party. Either Party may terminate for cause upon 30 days advance notice to the other Party if there is any material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 30 -day notice period. In the event that the Agency terminates this Agreement under this Section and Axon fails to cure the material breach or default, Axon will issue a refund of any prepaid amounts on a prorated basis. 15.2 By Agency. The Agency is obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during the then current fiscal year. In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement, this Agreement may be terminated by the Agency. The Agency agrees to deliver notice of termination under this Section at least 90 days prior to the end of the then current fiscal year. The Agency may also terminate this Agreement for any reason upon 60 days notice to Axon. 15.3 Effect of Termination. Upon termination of this Agreement for any reason: (a) all Agency rights under this Agreement immediately terminate; (b) the Agency remains responsible for all fees and charges incurred through the date of termination; and (c) Payment Terms, Warranty, Product Warnings, Indemnification, and Agency Responsibilities Sections, as well as the Evidence.com Terms of Use Appendix Sections on Agency Owns Agency Content, Data Storage, Fees and Payment, Software Services Warranty, IP Rights and License Restrictions will continue to apply in accordance with their terms. 15.4 After Termination. Axon will not delete any Agency Content as a result of a termination during a period of 90 days following termination. During this 90 -day period the Agency may retrieve Agency Content only if all amounts due have been paid (there will be no application functionality of the Evidence.com Services during this 90 -day period other than the ability to retrieve Agency Content). The Agency will not incur any additional fees if Agency Content is downloded from Evidence.com during this 90 -day period. Axon has no obligation to maintain or provide any Agency Content after this 90 -day period and will thereafter, unless legally prohibited, delete all of Agency Content stored in the Evidence.com Services. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from the Evidence.com Services. 15.5 Post -Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content will result in ng.; mists I.rvlo.. and Purchasing Agreement with Palette (Ngn.tunl Department: Legal Version: CO Release Date 4l11g017 40 Page 6 of 23 �� AXON additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16 General. 16.1 Confidentiality. Both Parties will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of either Party's Confidential Information. Except as required by applicable law, neither Party will disclose either Party's Confidential Information during the Term or at any time during the 5 -year period following the end of the Term. All Axon Pricing is considered confidential and competition sensitive. Axon acknowledges the Agency shall provide records responsive to requests in accordance with the Washington State Public Records Act. The Agency may provide notice of said request to Axon. 16.2 Excusable delays. Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. 16.3 Force Majeure. Neither Party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the Parties' reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 16.4 Proprietary Information. The Agency agrees that Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not knowinglycause any proprietary rights to be violated. 16.5 Independent Contractors. The Parties are independent contractors. Neither Party, nor any of their respective affiliates, has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 16.6 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 16.7 Non-discrimination and Equal Opportunity. During the performance of this Agreement, neither the Parties nor the Party's employees will discriminate against any person, whether employed by a Party or otherwise, on the basis of basis of race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. In all solicitations or advertisements for employees, agents, subcontractors or others to be engaged by a Party or placed by or on behalf of a Party, the solicitation or advertisement shall state all qualified applicants shall receive consideration for employment without regard to race, color, religion, gender, age, national origin, handicap, marital status, or political affiliation or belief. W .:: Witter NMou uW ►urehhNna Arum ,,e with Bohthll. (elprtiwrn) Dsoirt .nl: Ligli vruon: Lb RNNu Dob: 4/$IO17 Page 7 of 23 41 AXON 16.8 U.S. Government Rights. Any Evidence.com Services provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" will have the same rights and restrictions generally applicable to the Evidence.com Services. If the Agency is using the Evidence.com Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, the Agency will immediately discontinue use of the Evidence.com Services. The terms "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data" are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. 16.9 Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re- import, export, and re-export control laws and regulations. 16.10 Assignment. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. Axon may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of our assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 16.11 No Waivers. The failure by either Party to enforce any provision of this Agreement will not constitute a present or future waiver of the provision nor limit the Party's right to enforce the provision at a later time. 16.12 Severability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 16.13 Governing Law; Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 16.14 Notices. All communications and notices to be made or given pursuant to this Agreement must be in the English language. Notices provided by posting on the Agency's Evidence.com site will be effective upon posting and notices provided by email will be effective when the email was sent. Notices provided by personal delivery will be effective immediately. Contact information for notices: Axon: Axon Enterprise, Inc. AGENCY: ATTN: Contracts City Clerk 17800 N. 85th Street City of Tukwila Scottsdale, Arizona 85255 6200 Southcenter Boulevard contractsPaxon.com Tukwila, WA 98188 Mt: Mosta 6.Mon and PuretnIng Alrw4 int wIM !Wens (nyaWT) Department Loyd Melon: LO Um. Das; 416/701/ 42 Page 8 of 23 i� AXON 16.15 Entire Agreement. This Agreement, including the APPENDICES attached hereto, and the Policies and the quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. If Axon provides a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict. 16.16 Counterparts. If this Agreement form requires the signatures of the Parties, then this Agreement may be executed by electronic signature in multiple counterparts, each of which is considered an original. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. Axon Enterprise, I Signature: Name: Title: \::\r7, Date: X, / f I 1 r,.Ie,a nein Maar Mrvlan and Purclaalno AOraamant with WNW, (Signature) Department: legal Version: CO RNaaa Date: 43!2017 City of Tukwila Signature: Name: i(1 11 Q r\ Title: ili tW r" Date: J avn APPROVED AS TO FORM: Office of the City Attorney Page 9 of 23 43 AXON Evidence.com Terms of Use Appendix 1 Access Rights. Upon the purchase or granting of a subscription from Axon and the opening of an Evidence.com account the Agency will have access and use of the Evidence.com Services for the storage and management of Agency Content during the subscription term (Term). The Evidence.com Service and data storage are subject to usage limits. The Evidence.com Service may not be accessed by more than the number of end users specified in the Quote. If Agency becomes aware of any violation of this Agreement by an end user, the Agency will immediately terminate that end user's access to Agency Content and the Evidence.com Services. 2 Agency Owns Agency Content. The Agency controls and owns all right, title, and interest in and to Agency Content and Axon obtains no rights to the Agency Content and the Agency Content are not business records of Axon. The Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. Axon will have limited access to Agency Content solely for the purpose of providing and supporting the Evidence.com Services to the Agency and Agency end users. The Agency represents that the Agency owns Agency Content; and that none of Agency Content or Agency end users' use of Agency Content or the Evidence.com Services will violate this Agreement or applicable laws. 3 Evidence.com Data Security. 3.1. Generally. Axon will implement commercially reasonable and appropriate measures designed to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive Information Security Program (ISP) that includes logical and physical access management, vulnerability management, configuration management, incident monitoring and response, encryption of digital evidence uploaded, security education, risk management, and data protection. The Agency is responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Log -in credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. The Agency agrees to be responsible for all activities undertaken by the Agency, Agency employees, Agency contractors or agents, and Agency end users which result in unauthorized access to the Agency account or Agency Content. Audit log tracking for the video data is an automatic feature of the Services which provides details as to who accesses the video data and may be downloaded by the Agency at any time. The Agency shall contact Axon immediately if an unauthorized third party may be using the Agency account or Agency Content or if account information is lost or stolen. 3.2. FBI CJIS Security Addendum. For customers based in the United States, Axon agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Addendum for the Term of this Agreement. 4 Our Support. Axon will make available updates as released by Axon to the Evidence.com Services. Updates may be provided electronically via the Internet. Axon will use reasonable 11 .: Master Canton and t'uraMOtng AQrHm.nt with e,h b is (610n61urn) Department: Local Version: CO RNN * Data: 46!9017 44 Page 10 of 23 AXON efforts to continue supporting the previous version of any API or software for 6 months after the change (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities. The Agency is responsible for maintaining the computer equipment and Internet connections necessary for use of the Evidence.com Services. 5 Data Privacy. Axon will not disclose Agency Content or any information about the Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content so the Agency may file an objection with the court or administrative body. The Agency agrees to allow Axon access to certain information from the Agency in order to: (a) perform troubleshooting services for the account upon request or as part of our regular diagnostic screenings; (b) enforce this agreement or policies governing use of Evidence.com Services; or (c) perform analytic and diagnostic evaluations of the systems. 6 Data Storage. Axon will determine the locations of the data centers in which Agency Content will be stored and accessible by Agency end users. For United States customers, Axon will ensure that all Agency Content stored in the Evidence.com Services remains within the United States including any backup data, replication sites, and disaster recovery sites. Axon may transfer Agency Content to third parties for the purpose of storage of Agency Content. Third party subcontractors responsible for storage of Agency Content are contracted by Axon for data storage services. Ownership of Agency Content remains with the Agency. For use of an Unlimited Evidence.com License unlimited data may be stored in the Agency's Evidence.com account if the data originates from a Axon device. For use of Totally Unlimited Evidence.com Licenses Axon reserves the right to limit the types of content the Agency can store and share using the Services. 7 Fees and Payment. Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users, prorated for the duration of the Term. Additional end user accounts will terminate on the same date as the pre-existing subscriptions. Axon reserves the right to charge additional fees for exceeding purchased storage amounts or for Axon's assistance in the downloading or exporting of Agency Content. 8 Suspension of Evidence.com Services. Axon may suspend Agency access or any end user's right to access or use any portion or all of the Evidence.com Services immediately upon notice in accordance with the following: 8.1. The Termination provisions of the Master Service Agreement apply; 8.2. The Agency or an end user's use of or registration for the Evidence.com Services (i) poses a security risk to the Evidence.com Services or any third party, (ii) may adversely impact the Evidence.com Services or the systems or content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to liability, or (iv) may be fraudulent; 8.3. If Axon suspends the right to access or use any portion or all of the Evidence.com Services, the Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Evidence.com as a result of a suspension, except as TM: Muter Services and Purchasing Agr66nl.nt with UUMblte (640130n) Dip.MMM: legal Version: 6,0 Rohm Date: 41612017 Page 11 of 23 45 4AXON specified elsewhere in this Agreement. 9 Software Services Warranty. Axon warrants that the Evidence.com Services will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to the Evidence.com Services. 10 License Restrictions. Neither the Agency nor any Agency end users may, or attempt to: (a) permit any third party to access the Evidence.com Services except as permitted in this Agreement; (b) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Evidence.com Services; (c) reverse engineer, disassemble, or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included in the Evidence.com Services, or allow any others to do the same; (d) access or use the Evidence.com Services in a way intended to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; (e) copy the Evidence.com Services in whole or part, except as expressly permitted in this Agreement; (f) use trade secret information contained in the Evidence.com Services, except as expressly permitted in this Agreement; (g) resell, rent, loan, or sublicense the Evidence.com Services; (h) access the Evidence.com Services in order to build a competitive product or service or copy any features, functions, or graphics of the Evidence.com Services; (i) remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or (j) use the Evidence.com Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit material in violation of third party privacy rights, or to store or transmit malicious code. All licenses granted in this Agreement are conditional on continued compliance this Agreement, and will immediately and automatically terminate if the Agency does not comply with any term or condition of this Agreement. The Agency may only use our trademarks in accordance with the Axon Trademark Use Guidelines (located at www. axon,corn)• 1ll141: IMthr Services end Purahesing Agreement with Exhibit* (Signature) Department: Liget Version: 6.0 Relent* wtt: 441200 46 Page 12 of 23 {AXON Professional Services Appendix 1 Scope of Services. The project scope will consist of the Services identified on the Quote. 1.1. The Package for the Axon and Evidence.com related Services are detailed below: System set up and configuration Setup Axon View on smart phones (if applicable). Configure categories & custom roles based on Agency need. Troubleshoot IT issues with Evidence.com and Axon Dock (Dock) access. Work with IT to install Evidence Sync software on locked -down computers (if applicable). One on-site session included. Dock installation Work with Agency to decide ideal location of Dock setup and set configurations on Dock if necessary. Authenticate Dock with Evidence.com using "admin" credentials from Agency. Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment. On site Assistance Included Dedicated Project Manager Assignment of a specific Axon representative for all aspects of planning the Product rollout (Project Manager). Ideally, the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings Project Manager will develop a Microsoft Project plan for the rollout of Axon camera units, Docks and Evidence.com account training based on size, timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the Evidence.com Dock installation of not more than 30 minutes in length. Best practice implementation planning session -1 on-site session to: Provide considerations for establishment of video policy and system operations best practices based on Axon's observations with other agencies. Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management. Provide referrals of other agencies using the Axon camera products and Evidence.com services Create project plan for larger deployments. Recommend rollout plan based on review of shift schedules. System Admin and troubleshooting training sessions 2 on-site sessions—each providing a step-by-step explanation and assistance for Agency's configuration of security, roles & permissions, categories & retention, and other specific settings for Evidence.com. Axon instructor training Prior to general user training on Axon camera systems and Evidence.com services, Axon's on-site professional services team will provide training for instructors who can support the Agency's subsequent Axon camera and Evidence.com training needs. End user go live training and support sessions Provide individual device set up and configuration assistance; pairing with viewers when applicable; and training on device use, Evidence.com and Evidence Sync. Implementation document packet Evidence.com administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go live review session Title: Mester l.Mao. and Purehnlny Agreement with E.hi0its (Signature) o.p.mn.nt: Legal Version: 5.0 Release Date: 4412011 Page 13 of 23 47 AXON 1.2. Additional training days may be added on to any service package for additional fees set forth in the Quote. 2 Out of Scope Services. Axon is responsible to perform only the Services described on the Quote. Any additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 3 Delivery of Services. 3.1. Hours and Travel. Axon personnel will work within normal business hours, Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays unless otherwise agreed in advance. All tasks on-site will be performed over a consecutive timeframe unless otherwise agreed to by the Parties in advance. Travel time by Axon personnel to Agency premises will not be charged as work hours performed. 3.2. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the Parties in a change order. Changes may require an equitable adjustment in the charges or schedule. 4 Authorization to Access Computer Systems to Perform Services. The Agency authorizes Axon to access relevant Agency computers and network systems solely for the purpose of performing the Services. Axon will workdiligently to identify as soon as reasonably practicable the resources and information Axon expects to use, and will provide an initial itemized list to the Agency. The Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by the Agency. 5 Site Preparation and Installation. Prior to delivering any Services, Axon will provide 1 copy of the then -current user documentation for the Services and related Products in paper or electronic form (Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product (whether performed by the Agency or Axon), the Agency must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products, the Agency must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by Axon under this Agreement, including the environmental specifications for the Products, Axon will provide the updates or modifications to Agency when they are generally released by Axon to Axon customers. 6 Acceptance Checklist. Axon will present an Acceptance Checklist (Checklist) upon completion of the Services that will exactly mirror the description of services within this Section. The Agency will sign the Checklist acknowledging completion of the Services once the on-site service session has been completed. If the Agency reasonably believes that Axon did not complete the Services in substantial conformance with this Agreement, the Agency must ml.: Mest.r Services and Purcn.Mm Agreement with Exhibits iSlgn.tur.) D.p.rnn.M: (.roll Vntlon: 6.0 Role... D.I.: 1/612017 48 Page 14 of 23 SAXON notify Axon in writing of the specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist. Axon will address the issues and then will re -present the Checklist for approval and signature. If Axon does not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services within 7 calendar days of delivery of the Checklist, the absence of the Agency response will constitute affirmative acceptance of the Services, and a waiver of any right of rejection. 7 Liability for Loss or Corruption or Data. The Agency is responsible for: (i) instituting proper and timely backup procedures for Agency software and data; (ii) creating timely backup copies of Agency software or data that may be damaged, lost, or corrupted due to our provision of Services; and (iii) using backup copies to restore any Agency software or data in the event of any loss of, damage to, or corruption of the operational version of Agency software or data, even if such damage, loss, or corruption is due to Axon negligence. However, regardless of any assistance provided by Axon: (i) Axon will in no way be liable for the accuracy, completeness, success, or results of efforts to restore Agency software or data; (ii) any assistance provided by Axon under this Section is without warranty, express or implied; and (iii) in no event will Axon be liable for loss of, damage to, or corruption of Agency data from any cause. 7104: Wink Unit.. .lid Pitrami+011pi D.p.ron.nt Legal Version: 6.0 RWn4 Cab: 4677017 6 Page 15 of 23 49 {� AXON TASER Assurance Plan Appendix The TASER Assurance Plan or 'TAP" has been purchased as part of the Quote attached to this Agreement. TAP provides hardware extended warranty coverage, Spare Products, and Upgrade Models at the end of the TAP Term. TAP only applies to the Axon Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. 1 TAP Warranty Coverage. TAP includes the extended warranty coverage described in the current hardware warranty. TAP warranty coverage starts at the beginning of the TAP Term and continues as long as the Agency continues to pay the required annual fees for TAP. The Agency may not have both an optional extended warranty and TAP on the Axon camera/Dock product. TAP for the Axon camera products also includes free replacement of the Axon flex controller battery and Axon body battery during the TAP Term for any failure that is not specifically excluded from the Hardware Warranty. 2 TAP Term. TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. 3 SPARE Product. Axon will provide a predetermined number of spare Products for those hardware items and accessories listed in the Quote (collectively the "Spare Products") to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to Axon, through Axon's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and Axon will repair or replace the non-functioning unit with a replacement product. Axon warrants it will repair or replace the unit which fails to function for any reason not excluded by the TAP warranty coverage, during the TAP Term with the same product or a like product, at Axon's sole option. The Agency may not buy a new TAP for the replacement product or the Spare Product. 3.1. Within 30 days of the end of the TAP Term the Agency must return to Axon all Spare Products. The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned to Axon. If all the Spare Products are returned to Axon, then Axon will refresh the allotted number of Spare Products with Upgrade Models if the Agency purchases a new TAP for the Upgrade Models. 4 TAP Officer Safety Plan (OSP'. The Officer Safety Plan includes the benefits of the Evidence.com Unlimited License (which includes unlimited data storage for Axon camera and Axon Capture generated data in the Evidence.com Services and TAP for the Axon Camera), TAP for Evidence.com Dock, one Axon brand CEW with a 4 -year Warranty, one CEW battery, and one CEW holster. At any time during the OSP term the Agency may choose to receive the CEW, battery and holster by providing a $0 purchase order. At the time elected to receive the CEW, the Agency may choose from any current CEW model offered. The OSP plan must be 7111.: Muter e.rWc.s m0 turchnLi0110n.1nth1 wWWh E6fibtitI$W thJ WS D.p.rbwrit: Legal Vm1.n: 6.0 Rolm. D.1.: 4/6/2017 50 Page 16 of 23 AXON purchased for a period of 5 years. If the OSP is terminated before the end of the term and the Agency did not receive a CEW, battery or holster, then we will have no obligation to reimburse for those items not received. If OSP is terminated before the end of the term and the Agency received a CEW, battery and/or holster then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the OSP before the termination date; or (b) only in the case of termination for non -appropriations, return the CEW, battery and holster to Axon within 30 days of the date of termination. 5 TAP Upgrade Models. Upgrade Models are to be provided as follows during and/or after the TAP Term: (i) an upgrade will provided in year 3 if the Agency purchased 3 years of Evidence.com services with Ultimate Licenses or Unlimited Licenses and all TAP payments are made; or (ii) 2.5 years after the Effective Date and once again 5 years after the Effective Date if the Agency purchased 5 years of Evidence.com services with an Ultimate License or Unlimited Licenses or OSP and made all TAP payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to Axon or Axon will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. The Agency may buy a new TAP for any Upgraded Model. 5.1. TAP Axon Camera Upgrade Models. 5.1.1. If the Agency purchased TAP for Axon Cameras as a stand-alone service, then Axon will upgrade the Axon camera (and controller if applicable), free of charge, with a new on -officer video camera that is the same product or a like product, at Axon's sole option. Axon makes no guarantee that the Upgrade Model will utilize the same accessories or Dock. If the Agency would like to change product models for the Upgrade Model, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model that will be acquired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 5.1.2. If the Agency purchased Unlimited License or OSP, then Axon will upgrade the Axon camera (and controller if applicable), free of charge, with a new on -officer video camera of the Agency's choice. 5.2. TAP Dock Upgrade Models. Axon will upgrade the Dock free of charge, with a new Dock with the same number of bays that is the same product or a like product, at Axon's sole option. If the Agency would like to change product models for the Upgrade Model or add additional bays, then the Agency must pay the price difference in effect at the time of the upgrade between the MSRP for the offered Upgrade Model and the MSRP for the model desired. No refund will be provided if the MSRP of the new model is less than the MSRP of the offered Upgrade Model. 6 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then Axon may terminate TAP and all outstanding Product related TAPs. Axon will provide notification that TAP coverage is 71M: Master gen/lees end PwchnNg Agreement web EeNWh (Signalise) Deportment: Legal Version: LO R..W Datr. 4*200 Page 17 of 23 51 L. AXON terminated. Once TAP coverage is terminated for any reason, then: 6.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 6.2. Axon will not and has no obligation to provide the free Upgrade Models. 6.3. The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products provided under TAP. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 6.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 6.5. If the Agency received Axon Products free of charge and TAP is terminated before the end of the term then (a) the Agency will be invoiced for the remainder of the MSRP for the Products received and not already paid as part of the TAP before the termination date; or (b) only in the case of termination for non -appropriations, return the Products to Axon within 30 days of the date of termination. Me: Muter Sondem and Puretining Agreement with Exhibits (Signature) Degertm.m: Legal Vinton: 6.0 Reimer Otte:/16/7017 52 Page 18 of 23 L. AXON Axon Integration Services Appendix 1 Term. The term of this Appendix commences on the Effective Date. The actual work to be performed by Axon is not authorized to begin until Axon receives the signed Quote or a purchase order for the services described in this Appendix (Integration Services), whichever is first. 2 Scope of Integration Services. The project scope will consist of the development of an integration module that allows the Evidence.com Service to interact with the Agency's RMS so that Agency's licensees may use the integration module to automatically tag the Axon recorded videos with a case ID, category, and location. The integration module will allow the Integration Module License holders to auto populate the Axon video meta -data saved to the Evidence.com Service based on data already maintained in the Agency's RMS. Axon is responsible to perform only the Integration Services described in this Appendix and any additional services discussed or implied that are not defined explicitly by this Appendix will be considered out of the scope and may result in additional fees. 3 Pricing. All Integration Services performed by Axon will be rendered in accordance with the fees and payment terms set forth in the Quote. The Agency must purchase Axon Integration licenses for every Evidence.com user in the Agency, even if the user does not have an Axon body camera. 4 Delivery of Integration Services. 4.1. Support After Completion of the Integration Services. After completion of the Integration Services and acceptance by the Agency, Axon will provide up to 5 hours of remote (phone or Web -based) support services at no additional charge to the Agency. Axon will also provide support services that result because of a change or modification in the Evidence.com Service at no additional charge as long as the Agency maintains Evidence.com subscription licenses and Integration Module Licenses, and as long as the change is not required because the Agency changes its RMS. Thereafter, any additional support services provided to the Agency will be charged at Axon's then current standard professional services rate. 4.2. Changes to Services. Changes to the scope of the Integration Services must be documented and agreed upon by the Parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon, an equitable adjustment in the charges or schedule will be agreed upon by the Parties and included in the change order, signed by both Parties. 4.3. Warranty. Axon warrants that it will perform the Integration Services in a good and workmanlike manner. 5 Agency's Responsibilities. Axon's successful performance of the Integration Services depends upon the Agency's: 5.1. Making available its relevant systems, including its current RMS, for assessment by Axon (including making these systems available to Axon via remote access if possible); flue: Mester genius end Purchasing Agreement with E,Mbtb (Signature) Department: Legtl Vender: 6.0 Aeleeoe Dote; 41617017 Page 19 of 23 53 AXON 5.2. Making any required modifications, upgrades or alterations to Agency's hardware, facilities, systems and networks related to Axon's performance of the Integration Services; 5.3. Providing access to the building facilities and where Axon is to perform the Integration Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Integration Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Integration Services); 5.4. Providing all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) necessary for Axon to provide the Integration Services; 5.5. Promptly installing and implementing any and all software updates provided by Axon; 5.6. Ensuring that all appropriate data backups are performed; 5.7. Providing to Axon the assistance, participation, review and approvals and participating in testing of the Integration Services as requested by Axon; 5.8. Providing Axon with remote access to the Agency's Evidence.com account when required for Axon to perform the Integration Services; 5.9. Notifying Axon of any network or machine maintenance that may impact the performance of the integration module at the Agency; and 5.10. Ensuring the reasonable availability by phone or email of knowledgeable staff and personnel, system administrators, and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Integration Services). 6 Authorization to Access Computer Systems to Perform Services. Agency authorizes Axon to access Agency's relevant computers, network systems, and RMS solely for the purpose of performing the Integration Services. Axon will work diligently to identify as soon as reasonably practicable the resources and information Axon expects to use, and will provide an initial itemized list to Agency. Agency is responsible for, and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. MSe: Mester Services and Purchasing Aar..nwrn Mitt Exhibit, htignatam Department: Legal Version: CO Rates.. Date: 415)2017 54 Page 20 of 23 AXON Me: Master Service, end Pureh.dn0 Agreement with Exhibits (6lpmtur.) Department: Legal Version: 6.0 Release, Date: 4t6f1017 Page 21 of 23 55 {� AXON Axon Fleet Appendix Axon Fleet has been purchased as part of the Quote attached to this Agreement. 1 Axon Fleet Evidence.com Subscription Term. The Evidence.com Subscription for Axon Fleet will begin after the first shipment of the Axon Fleet hardware (Axon Fleet Subscription) if' shipped in 1st half of the month, the start date is on the 1st of the following month. If shipped in the last half of the month, the start date is on the 15th of the following month. For phased deployments, the Initial Term begins upon the shipment of the first phase, and subsequent phases will begin upon shipment of that phase. 2 Agency Responsibilities. The Agency is responsible for ensuring its infrastructure and vehicles adhere to the minimum requirements needed to effectively operate Axon Fleet as established by Axon during the on-site assessment at the Agency's facility and/or in Axon's technical qualifying questions. The Quote is based upon the Agency's accurate representation of its infrastructure. Any inaccuracies the Agency provides to Axon regarding the Agency's infrastructure and vehicles may subject the Quote to change. 3 For CradlePoint purchases only. If the Agency purchases CradlePoint Enterprise Cloud Manager, the Agency is responsible for complying with the CradlePoint end user license agreement. The Agency acknowledges that the term of the CradlePoint license may differ from the term of the Evidence.com license. The Agency further acknowledges that CradlePoint installation services are not within the scope of this Agreement. All CradlePoint hardware is warrantied under CradlePoint's manufacturer's warranty. In the event that the Agency requires support for its CradlePoint hardware, the Agency will contact CradlePoint directly. 4 Statement of Work. If the Agency has purchased installation services for Axon Fleet, the Statement of Work (SOW) attached to this Appendix will detail Axon s deliverables to the Agency with respect to the installation of Axon Fleet and any related hardware. Axon is responsible to perform only the services described in this SOW. Any additional services discussed or implied that are not defined explicitly by the SOW will be considered out of the scope. Axon may subcontract any part of the SOW to a qualified subcontractor. 5 Warranty Coverage. Axon's standard Hardware Warranty applies to Axon Fleet. 6 Axon Fleet Unlimited Storage. For use of an Axon Fleet Unlimited Evidence.com License, unlimited data may be stored as part of the Axon Fleet unlimited storage only if the data originates from Axon Fleet hardware. 7 Axon Fleet Unlimited Upgrade. If the Agency has purchased Fleet Unlimited, the Axon Fleet camera hardware is covered by a 4 -year extended warranty. Axon Fleet Unlimited also provides the Agency with Axon Fleet camera hardware Upgrade Models during the Term. Upgrade Models are to be provided as follows during and/or after the Axon Fleet Unlimited Term: 2.5 years after the Axon Fleet Subscription Start Date and once again 5 years after the Axon Fleet Subscription Start Date if the Agency purchased 5 years made all Axon Fleet 11 .: Muter Services and hushing,* Apnnnint Nidi Eeablb (Signature) o.p.rtn.M: L.gd Version: SO Reteiie Date: 41 1201? 56 Page 22 of 23 41 AXON Unlimited payments. Any products replaced within the six months prior to the scheduled upgrade will be deemed the Upgrade Model. Thirty days after the Upgrade Models are received, the Agency must return the products to Axon or Axon will deactivate the serial numbers for the products received unless the Agency purchases additional Evidence.com licenses for the Axon camera products the Agency is keeping. 8 Fleet Unlimited Termination. If an invoice for Axon Fleet Unlimited is more than 30 days past due or the Agency defaults on its payments for the Evidence.com services then Axon may terminate Axon Fleet Unlimited and all outstanding Product related to Axon Fleet Unlimited. Axon will provide notification that Axon Fleet Unlimited coverage is terminated. Once Axon Fleet Unlimited coverage is terminated for any reason, then: 8.1. Axon Fleet Unlimited coverage will terminate as of the date of termination and no refunds will be given. 8.2. Axon will not and has no obligation to provide the free Upgrade Models. 8.3. The Agency will be invoiced for and is obligated to pay to Axon the MSRP then in effect for all Spare Products provided under Axon Fleet Unlimited. If the Spare Products are returned within 30 days of the Spare Product invoice date, credit will be issued and applied against the Spare Product invoice. 8.4. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Axon Fleet Unlimited. The 'Delta Axon' logo, Axon, Axon Capture, Axon Dock, Axon Commander, Axon Interview, Axon View, Evidence.com, Evidence Sync, TASER, TASER CAM, and the 'Bolt within Circle' logo are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2017 Axon Enterprise, Inc. 1111.: W.t.r nominee and Purchasing Agr.em.nt with Exhibit. (Signature) D.p.rtnr,d: Legal V.rulon: 6.0 R.I.n. Dum: 416/5017 Page 23 of 23 57 58 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes May 23, 2022 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: Tosh Sharp, Acting Chair; Cynthia Delostrinos Johnson Rachel Bianchi, Jay Wittwer, Norm Golden, Tracy Gallaway, Laurel Humphrey, Tiffany Johnson Acting Chair Sharp called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: Police Camera Devices & Services Staff is seeking Council approval of a contract renewal with Axon Enterprises for an annual cost of $194,549 and for a term of an additional five years. The contract will include body cameras, dashboard cameras, Tasers, digital storage, and software licenses. Item(s) for follow-up: • Update chart on page 3 to include proposed annual cost. • Update memo to show the additional numbers of cameras and devices as compared with the previous contract. Committee Recommendation: Unanimous approval. Forward to June 13, 2022 Committee of the Whole. B. Contract: Youth Ecology & Restoration Stewards (YERS) Staff is seeking Council approval of a contract with Partners in Employment in the amount of $43,940 for the YERS program, which is paid training that seeks to connect immigrant and refugee youth in South King County with paths into environmental careers. Committee Recommendation: Unanimous approval. Forward to June 6, 2022 Regular Consent Agenda. C. Interlocal Agreement: Minor Home Repair Program Staff is seeking Council approval of an Interlocal Agreement that transfers Lead City responsibility of the Minor Home Repair Program from Tukwila to SeaTac. Committee Recommendation: Unanimous approval. Forward to June 6, 2022 Regular Consent Agenda. 59 60 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 3/28/22 NG 6/27/22 NG ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 3/28/22 AGENDA ITEM TITLE Tiny House Village Proposal CATEGORY ® Discussion Mtg Date 6/27/22 Motion Mtg Date Resolution Mtg Date ❑ Ordinance Mtg Date U Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD Finance ® Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S SUNLMARY The Low Income Housing Institute (LIHI) has appl'ed for a King County ARPA grant to establish and run two tiny house villages in Tukwila for a period of two years. Staff seeks direction regarding these proposals. REVIE\'ED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/21/22, 6/21/22 COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development CO\LMIllEE Forward to Full Council COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $o AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: NA Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/22 Request Staff to continue discussions with LIHI 6/27/22 MTG. DATE ATTACHMENTS 3/28/22 Informational Memorandum dated 3/21/22 with Attachment Minutes from the 3/21 PCD Committee Meeting 6/27/22 Informational Memorandum dated 6/10/22 with Attachments Minutes from the 6/21 PCD Committee Meeting (to be distributed separately) 61 62 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development FROM: Nora Gierloff, DCD Director CC: Mayor Ekberg DATE: June 10, 2022 SUBJECT: LIHI Tiny House Village Memorandums of Agreement ISSUE The Low Income Housing Institute (LIHI) has received King County ARPA grants to establish and run two tiny house villages in Tukwila for a period of approximately two years. The City and facility operator have jointly developed a Memorandum of Agreement (MOA) for each site setting out operational standards. BACKGROUND The two sites that LIHI has proposed are: • Miracle Temple of God site at 14925 Interurban Ave S. led by Pastor Jenkins is zoned Regional Commercial Mixed Use (RCM). • Riverton Park United Methodist Church at 3118 S 140th Street led by Pastor Bolerjack that currently hosts unhoused individuals and families living in tents. This site is zoned Low Density Residential (LDR). LIHI has been canvassing the neighbors and businesses within several blocks of each site and passed out flyers to share about the program and invite the public to the two scheduled community meetings, see Attachments A and B. LIHI has not requested any City of Tukwila funding for either tiny house village. DISCUSSION Last year, in response to recently adopted state legislation, Tukwila revised its zoning code per Ordinance 2658 to allow emergency housing and shelters in zones RC and higher subject to siting and operational criteria. The Code also allows transitional housing in all residential zones subject to similar criteria. Tiny house villages are similar to both use categories. RCW 36."70A.030 (9) "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. TMC Chapter 18.06, "Definitions" Transitional Housing "Transitional housing" means a facility that provides housing, case management, and supportive services to homeless persons or families and that has as its purpose facilitating the movement of homeless persons and families into independent living. Since 2015 Tiny House Villages have been established within the cities of Seattle, Tacoma, and Olympia and most recently in unincorporated King County (Skyway) with the goal of providing 63 INFORMATIONAL MEMO Page 2 support services, more secure shelter, and moving people into permanent housing. The proposed tiny houses would be approximately 96 square feet in size. The other host jurisdictions have looked at the houses as falling under the International Building Code permit exemption for structures less than 120 square feet. Other development permits will be required for site improvements or utility connections. Tukwila has a long history of allowing temporary Tent City encampments at church sites without land use permitting requirements because they were considered accessory to the mission of the institution. The City has conducted life safety inspections and participated in neighborhood outreach for each new encampment. The City has determined that Tiny House Villages are similar in nature to Tent City encampments because they will serve a similar population in temporary structures, though in a more dignified environment. Tukwila's experience has been that we have seen few issues with noise, litter, or crime around these encampments when appropriate management, support, and operational procedures are in place. The elements of the MOAs are: • Duration, renewal, default, and termination of the agreement • Use of site, services provided, and maximum number of residents • Management Plan including 24/7 staffing requirements • Good Neighbor Agreement including quiet hours, smoking areas, litter, and security • Code of Conduct for residents • Parking Plan • Fire and Police Coordination Plan including calls for service thresholds • Reporting and Coordination Meetings with the City • Indemnification and Insurance See Attachments C and D for the draft agreements. RECOMMENDATION This is a briefing only but may be referred to the June 27 COW for discussion by the full Council. If the Council determines that LIHI has addressed potential concerns about the operation of the tiny house villages through the MOAs they may proceed with an approach similar to what the City has done with tent cities. The Mayor may sign the MOAs when all issues have been mutually resolved. ATTACHMENTS A. Handout for Miracle Temple Meeting B. Handout for Riverton Park Meeting C. MOA for the Miracle Temple Site D. MOA for the Riverton Park Site https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Tiny House Villages MOA/PCD 6-21-22 Tiny House Villages MOA Info Memo.docx 64 11111111111111111111,11,11,11,1,111,11,1,1, Wednesday, June 15th, 6 pm - 7:30 pm Meeting will be held via Zoom. Please register & find meeting info here: www.lihi.org/villages/miracletemplevillage You may RSVP (not required) or receive meeting info directly from Josh Castle atjosh,castlega lihiorg Miracle Temple Church of God in Christ and the Low Income Housing Institute (LIHI) are planning to develop a tiny house village of up to 30 houses to provide shelter, safety, and community for individuals, couples, and people with pets experiencing homelessness in Tukwila on the church grounds at 14925 Interurban Ave S, in Tukwila. 111 111111111 ,11111111111111111111111111111111111111111111 111 The tiny houses will be fully insulated, with heat, electricity and a locking door and will provide high quality shelter for about 35-40 unhoused Tukwila neighbors. The village will include 24/7 operational and security staff through the Low Income Housing Institute along with onsite LIHI case management to help residents obtain permanent housing, employment, health care, and other services. The village will include a large community kitchen, a hygiene facility with laundry, showers, and bathrooms, staff offices, other community spaces and will be surrounded by a cedar fence. Referrals will be made by local Tukwila agencies of Tukwila neighbors living unsheltered. Please see other side for more information. Questions? Please contact LIHI Community Engagement Director Josh Castle at josh.castle@lihi.org or 206-334-0508 11111111y VIII 11 I'W �, 1111.. H'M H'M H'M H'M � i �,pIIIIIIPtiN4��(ll141(1�ti Is upr VIdN((PrJlo!!Ili'' 4 r': uu'';, �,I J[yIN Who will live here? This village will serve people experiencing homelessness in Tukwila including individuals, couples & people with pets. AH villagers will abide by a Code of Conduct with a set of rules fostering safety, respect, and responsibility within a community. Who makes referrals? Local Tukwila agencies and providers including the church will provide referrals of people living outside in Tukwila. The agencies will be determined closer to village opening. What services will be available? On-site staff will provide day-to-day management of the village. Each villager is required to meet with their case manager to access services including housing navigation, help with employment, healthcare, etc. The goal of the program is for case managers to help each villager secure stable, long-term housing as quickly as possible. The village includes daily hot meals, laundry, showers, bathrooms, large kitchen facility, and more. t,[[111[1[ 1[1 �Hlm�l�lc�(udVil�ll91;� i rulll1111����111111;11111111 ti111111 r 1111111 MMMMMMO t) i I Il 1 MOM titItitittItttttttit �" 11[11111 Who do I call if I have a question or concern? The village is committed to being a good neighbor. While the village is being developed, you can contact LIHI Community Engagement Director Josh Castle at josh.castle@lihi.org or (206) 334-0508. Once the village opens, there will be a regular on-site staff contact with posted phone number and email. Will there be on-going community input? A Community Advisory Council (CAC) will be formed of nearby neighbors, local businesses, and other community stakeholders to provide community oversight, input, and support to foster a successful village program and site. These meetings will be attended by LIHI operational and case management staff and others involved with the site. The CAC will meet monthly and all meetings are open to the public. If you would like more information or interested in serving on the CAC please contact Josh Castle. Questions? Please contact LIHI Community Engagement Director Josh Castle at josh.castle@lihi.org or 206-334-0508 66 III'YI���'',llllly`,II11I''', liil I'II lliiillllllllllllllll'�I'�IIIIII'I'I'1!!! Thursday, June 16th, bpm - 7:3Opm Riverton Park United Methodist Church 3118 S 140th St, Tukwila, WA 98168 Riverton Park United Methodist Church and the Low Income Housing Institute (LIHI) are planning to develop a tiny house village of 20 houses to provide shelter, safety, and community for individuals, couples, and people with pets experiencing homelessness on the church grounds at 3118 S 140th St, Tukwila, WA 98168. 11111111. 1 IAlul iP IIIIIII�1111��4 11111111111111111111111111111111110 mlllllliliiiiillll II y The church has hosted tents for unhoused neighbors on their property for several years and wishes to replace these with heated, insulated tiny houses. The village will include robust onsite operational and security staffing through the Low Income Housing Institute along with onsite LIHI case management to help residents obtain permanent housing, employment, health care, and other services. The church hosts Tukwila Food Pantry, a large meal program, a community garden, and other services run by an extensive volunteer network including the residents and will continue to do this work in partnership with LIHI to support the residents. Referrals will be made by local Tukwila agencies of Tukwila neighbors living unsheltered. Questions? Please contact LIHI Community Engagement Director Josh Castle at josh.castle@lihi.org or 206-334-0508 67 VIIIpilllou�� Illy"I''!!'''!'. i ,,uu11111111111111111ij;;; Who will live here? This village will serve people experiencing homelessness in Tukwila including individuals, couples & people with pets. AH villagers will abide by a Code of Conduct with a set of rules fostering safety, respect, and responsibility within a community. Who makes referrals? When houses become open, local Tukwila agencies and providers including the church will provide referrals of people living outside in Tukwila. The agencies will be determined closer to village opening. What services will be available? On-site staff will provide day-to-day management of the village. Each villager is required to meet with their case manager to access services including housing navigation, help with employment, healthcare, etc. The goal of the program is for case managers to help each villager secure stable, long-term housing as quickly as possible. The village includes daily hot meals, laundry, showers, bathrooms, large kitchen facility, and more. mcudVi111911 i 110101 Who do I call if I have a question or concern? The village is committed to being a good neighbor. While the village is being developed, you can contact LIHI Community Engagement Director Josh Castle at josh.castle@lihi.org or (206) 334-0508. Once the village opens, there will be a regular on-site staff contact with posted phone number and email. Will there be on-going community input? A Community Advisory Council (CAC) will be formed of nearby neighbors, local businesses, and other community stakeholders to provide community oversight, input, and support to foster a successful village program and site. These meetings will be attended by LIHI operational and case management staff and others involved with the site. The CAC will meet monthly, and all meetings are open to the public. If you would like more information or interested in serving on the CAC please contact Josh Castle. Questions? Please contact LIHI Community Engagement Director Josh Castle at josh.castle@lihi.org or 206-334-0508 68 MEMORANDUM OF AGREEMENT Miracle Village 14925 Interurban S., Tukwila, WA, 98188 The CITY OF TUKWILA, a Washington municipal corporation ("City") whose address for notices is 6200 Southcenter Blvd., Tukwila WA 98188, hereby grants to the Low Income Housing Institute ("LIHI"), a Washington nonprofit corporation ("LIHI") whose address for notices is 1253 S. Jackson St. Suite A, Seattle, WA, 98144, a Memorandum of Agreement ("MOA") for the operation of a Tiny House Village for and in consideration of LI HI's compliance with the conditions set forth herein. The City and LIHI hereby agree as follows: 1. Site. The site is located at 14925 Interurban S., Tukwila, WA, 98188 on real property owned by the Miracle Temple Church of God in Christ ("Miracle Temple Church"). 2. Term. The initial term of this MOA will be from August 1, 2022 to December 31, 2022, and may be automatically renewed annually for successive calendar years. Either party may sooner terminate this MOA with 60 days written notice and/or termination of funding or in the event of default by LIHI as described in Section 14 of this MOA. 3. Use. Once the site is fully operational, LIHI may use the site only for the operation and management of a Tiny House Village to be known as the Miracle Village to serve homeless guests in a maximum of thirty (30) Tiny Houses (collectively, "Tiny Houses") with daily services, including, but not limited to, bathrooms, drinking water, food handling facilities, garbage services, social and health services and overnight shelter. Tiny House footprint shall be one hundred and twenty square feet or less. Each Tiny House shall be limited to no more than two adults at one time, and LIHI shall limit the total number of Guests to 45 maximum. Tiny Houses shall not be plumbed with water or sewer. LIHI agrees to keep the site in a neat and clean condition. LIHI shall not use or permit the site to be used in violation of any municipal, county, state or federal law, ordinance, rule or regulation, or in any manner that may create a nuisance. Firearms and/or other weapons are prohibited. Registered sex offenders and people who are required to register as a sex offender shall be prohibited from the site. 4. Staffing. LIHI shall uphold the staffing plan identified in the Management Plan in Attachment B. Failure to provide 24/7 staffing, which may include Village Organizers, Village Operations Manager (one fulltime FTE) or Case Manager (one fulltime FTE, minimum, dedicated to this site) shall constitute default by LIHI under Section 14 of this MOA, with LIHI having three business days to cure prior to the City initiating termination under Section 2 of this MOA. 1 69 5. Good Neighbor Agreement. LIHI shall uphold policies and procedures to ensure compliance with TMC 18.50.270. In the event of a conflict between the TMC and this MOA, the terms of the MOA shall control. a. Quiet Hours. These shall be defined in the Code of Conduct; see Attachment A. b. Smoking areas. These shall be defined in the Management Plan; see Attachment B. c. Security & Screening procedures. These shall be defined in the Management Plan; see Attachment B. d. Litter, including confirmed impacts adjacent to the Tiny House Village. These shall be defined in the Management Plan; see Attachment B. e. Any required landscaping, and fencing, shall be established on the approved site plan; See Attachment D. This attachment is an interim plan subject to change that may be required from city department input or site survey data. 6. Code of Conduct a. Each Tiny House Village Guest shall be informed of the Code of Conduct and agree to abide by its terms as a condition of enrollment; see Attachment A. 7. Parking Plan. All Guests, visitors, and staff agree to comply with the parking policy; see Attachment C. 8. Fire & Police Coordination Plan. LIHI agrees that if semi-annual calls for Police service exceed .25 per tiny house the Village Operations Manager and LIHI representatives shall meet with Tukwila Police Department and City representatives to form a plan to reduce law enforcement calls below the threshold level. If semi-annual calls for Police service exceed 1 per tiny house, the site may be subject to TMC Chapter 8.27 Chronic Nuisance Properties. Where LIHI staff initiates the call to the Police and Fire department to collaborate toward a remedy it will not count towards the threshold level. 9. Reporting. LIHI agrees to track performance metrics, such as placements of Guests into permanent housing or referral to addiction treatment programs, as well as any deviations from the terms of this MOA. This data to be provided by LIHI to the City on a quarterly basis. Starting from the time the first Guests arrive, LIHI and City staff shall hold coordination meetings every two weeks for the first three months of the site's operation to stay ahead of any issues that may arise. After that time, upon mutual agreement of the parties, those meetings may become less frequent, though no less often than quarterly. See Management Plan; Attachment B. 10. LIHI's Responsibilities. It shall be LIHI's sole responsibility to operate the Tiny House Village, including, among other requirements: a. A LIHI staff member must be physically present at the site at all times. b. LIHI shall ensure that any damage to any Tiny House caused by Guests through either negligence, intentional abuse, or accident beyond normal use is repaired in a timely manner. 2 70 c. LIHI staff, Guests and Visitors shall comply with all health and safety regulations promulgated by local, state, or federal authorities, specifically including but not limited to all COVID-related gathering limits and mask mandates. d. At no time shall LIHI staff, Guests, or Visitors, park overnight outside of the site boundaries. 11. No Disposal of Wastewater. Under no circumstances may wastewater be discharged directly to the ground or into a stormwater conveyance. All wastewater shall be discharged to the greywater discharge point provided on the site or into an approved sewer line. 12. Indemnification. LIHI shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all loss, claims, expense and liability whatsoever arising out of, or in connection with LIHI's exercise of rights hereunder, except for those losses and claims arising solely from the City's negligence. This indemnity includes, but is not limited to, all expenses incurred by or for the City, or its officers, agents or employees, including but not limited to judgments, settlements, costs, investigation, expenses and attorney fees, including any and all costs associated with the release of environmental contamination on or near the site. The parties hereto agree that the City shall not be responsible to LIHI for any property loss or damage done to the site, whether real, personal or mixed, occasioned by reason of any fire, storm, natural disaster, or other casualty whatsoever. It shall be LIHI's responsibility to provide its own protection against casualty losses of whatsoever kind or nature, regardless of whether or not such loss is occasioned by the acts or omissions of the City, LIHI, third party, or act of nature. 13. Insurance. LIHI agrees to maintain in force during the operation of the Tiny House Village and the entire term of this MOA, the following types and coverage limits of insurance, and as to which the City shall be named as an additional insured (with any endorsement required by the policy): Workers Compensation: Broad Form Comprehensive General Liability: Automobile Liability: Statutory Amount $1,000,000 per occurrence $2,000,000 aggregate $1,000,000 Said insurance shall be primary and noncontributory with any other insurance for which the City is a named insured. All insurance coverages required under this Agreement shall include a waiver of subrogation against the City for losses arising from work performed by LIHI. An insurance certificate and all endorsements showing the coverage required under this section shall be submitted to the City for approval at least annually. 14. Default. Should either party hereto believe that the other has failed to perform an obligation under this Agreement, it shall deliver written notice to that effect to the other, specifying the alleged default and giving the other party thirty (30) days to cure such default, unless a shorter time is specified in this MOA. Thereafter, should the default not be remedied to the satisfaction of the non -defaulting party, this Agreement may be terminated upon thirty 71 (30) days written notice (delivered by certified mail). Within thirty (30) days of termination of this MOA, the site shall be vacated of occupants. Within thirty (30) days after the site has been vacated, all Tiny House Village site improvements shall be removed from the site, including but not limited to Tiny Houses, tents, hygiene trailers, temporary office structures, and all other real and personal property on the site; in addition, utilities must be capped. 15. Proiect Managers. The following individuals are hereby designated as Project Managers and shall be contacted during regular business hours regarding any issues arising under this MOA: For LIHI: Ralph Neis, Director of Special Projects & Operations, Low Income Housing Institute, 1253 S. Jackson St. Suite A, Seattle, WA, 98144, rneis@lihi.org (206) 957-8043. 16. No Assignment. Nonprofit is prohibited from either assigning or subletting all or any portion of the site. Should the current property owner sell or convey the site, this MOA shall terminate within 30 days of such sale or conveyance. 17. Notices. All notices required or permitted hereunder shall be in writing and shall be delivered personally or sent by certified mail to the person named in Section 15 at the addresses set forth above or to such other address as LIHI shall notify the City of in writing. 18. No Waiver. No waiver of any provision of this MOA will be valid unless in writing and signed by the person against whom such waiver is sought to be enforced, nor will failure to enforce any right hereunder constitute a continuing waiver of the same or a waiver of any other right hereunder. 19. Complete Agreement. This MOA and attachments thereto set forth the complete agreement of the parties with respect to the site and the Tiny House Village, and it shall not be amended or modified except by a further written agreement signed by the parties. This MOA shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SIGNATURES: Sharon Lee Date Allan Ekberg Date LIHI Executive Director Mayor, City of Tukwila 72 4 Attachments A. Code of Conduct B. Management Plan C. Village and Shelter Parking Policy D. Site Plan 5 73 Attachment A IIO TlITLDTE Code of Conduct Tiny House Village and Shelter Program The people of the Low Income Housing Institute, in order to keep a more harmonious community, ask that you observe the following Code of Conduct: VIOLENCE/THREATENING BEHAVIORS 1. Violence and nuisance that offend decency or annoy, injure, or endanger the safety, health, comfort, or repose of the community will not be tolerated. Please attempt to resolve any conflict in a peaceful manner. For resolution or if further assistance is needed, please see Village staff. 2. The use of profane, racist, or sexist language will not be tolerated. 3. Assault, verbal abuse, retaliation, intimidation, or threatening behavior will not be tolerated. 4. Weapons are not allowed in the Village. DRUGS AND ALCOHOL 1. No alcohol, drugs (including marijuana) are allowed in any public spaces within the Village, or the surrounding area. Possession of an open container of alcohol will be sufficient proof of public drinking. GENERAL 1. All participants must follow all village, City, and State regulations and policies which include but are not limited to the Pet Policy, Parking Policy, Public Health Codes, Fire Codes, and other rules and regulations posted in the village. 2. Participants are limited to a six-month stay, with an option of extension up to one year if further housing barriers exist and there is a continued commitment to engagement with case management. 3. Visiting hours are posted in the security office and must be done in the community area only. Per our current COVID-19 Policy, we are not allowing guests and/or visitors in the village at this time. 4. Every member of the community is required to contribute to the village with hours of service which will be assigned by village staff each week and will rotate between each tiny house section. 5. You must respect the peace, comfort, and enjoyment of other villagers. Loud voices, music, musical instruments, radios, TVs, players, etc. shall be played only during reasonable hours 74 between 8:00 am and 10:00 pm. If staff and/or other villagers are disturbed by the volume, it is too loud. 6. Participants are responsible for the actions of all their household members, guests and pets. 7. Attendance in weekly community meetings are required. Please communicate with staff if you are unable to attend. 8. Theft is strictly prohibited. Program Participants assumes any and all responsibility for protecting their belongings from theft which includes keeping their units locked and belongings secured inside the units. LIHI shall not be responsible for lost or stolen property from the premises or the common areas. 9. Your unit at the Village must be your primary place to stay while enrolled in the Tiny House Village program. Using your unit for storage while staying elsewhere will result in a permanent exit. 10. You must sign in at the security office daily. Three days without signing in will result in your receipt of an Abandonment Notice and your unit will be cleared of your belongings. SAFETY 1. Smoke alarms and carbon monoxide alarms have been installed in each unit. Do not tamper with nor disable. 2. No open flames are permitted in the tiny house units. 3. Smoking must be done in designated smoking areas. No smoking of any kind inside the tiny house units. 4. No microwaves, propane tanks, unauthorized heaters or big appliances are allowed in any tiny house unit. 5. For the first month, you will have weekly inspections — and monthly inspections thereafter. A 48 hour notice will be given to each participants prior to the inspection. If Staff believe a potential health risk exist, LIHI reserves the right to enter your unit to assist or help you to safety. 6. For the safety of the village, an immediate inspection may be required if a maintenance or safety risk has been identified. 7. You must follow all village, City, and State COVID-19 regulations and policies. Updated COVID-19 policies are posted in the security office. 8. You cannot make any changes to any fixture, wiring, locks, or any other part of the tiny house unit. CLEANLINESS 1. Do not store personal belongings or furnishings on decks, porches, or other public areas. No storage of any kind is allowed outside the Village on adjacent properties. All personal belongings must be stored inside your designated tiny house unit. 2. Keep your tiny house unit clean at all times 3. Do not place anything behind your front door which will prevent it from opening fully. Staff will be checking this during monthly inspections. 4. No food is allowed in any of the units unless it is packaged in an air sealed container and disposed of when finished. 7 75 5. Keep your food labeled and stored in designated space within the refrigerator. 6. One bicycle per person and it must be stored in a designated bike area. 7. All recycling, trash, and compostable/food must be separated and properly disposed of. 8. Use the designated restrooms. Please see your Case Manager if further resources are needed. 9. Tiny House units must be maintained in good order, and any repair problems should be reported promptly. Pest and bed bug infestation must be reported immediately. CASE MANAGEMENT 1. Case management participation is required. Please be sure to meet with your case manager at least two times per month at a minimum. 2. The Case Manager will do Homeless Management Information System (HMIS) surveying and data entry — in an informed -consent fashion. Within seven days of intake into the Village, new participants are required to check in with the Case Manager and complete the HMIS Informed Consent and Demographics forms. HMIS data collection is a requirement our funders. 3. Turning down a viable housing opportunity is a violation of the Service agreement unless it is determined that the housing opportunity could pose a health, safety or traumatic occurrence to your household. 4. A Housing Service Plan will be completed as part of your case management requirement. OTHER 1. All animals must be on a leash when being walked and owners must pick up their animal's waste. Participants must show proof of up-to-date vaccinations, spay/neutering documentation within 30 days of intake/move in date. Please refer to the Pet Policy for more information. 2. There will be no feeding of stray animals. Feeding strays will be considered keeping a pet without permission. 3. No loitering or disturbing neighbors- no trespassing on private property. 4. Participants must use the main entrance for entry and exit. IF THESE RULES ARE NOT RESPECTED AND ENFORCED, DISCIPLINARY ACTION WILL BE TAKEN, AND MAY LEAD TO BEING EXITED FROM THE VILLAGE. 76 Attachment B Management Plan Miracle Village Background The Low Income Housing Institute (LIHI) develops and manages housing for people who are low-income and/or homeless, provides technical assistance to communities and other non -profits, and advocates for housing for all. LIHI provides thousands affordable apartments in the Puget Sound region. The majority of LIHI housing serves formerly homeless people below 30% of the area median income. LIHI sponsors over a dozen tiny house villages and multiple enhanced shelters open 24/7 for homeless people as a crisis response to homelessness. We provide supportive services to move people into long-term housing and access to healthcare, employment, and education. LIHI is partnering with King County Department of Human Services and the City of Tukwila to operate a Tiny House Village at 14925 Interurban S., Tukwila, WA, 98188. Miracle Village is located on property owned by the Miracle Temple Church of God in Christ (Miracle Temple Church). This site will shelter adults 18 and over in tiny house units that are insulated, heated, and have a footprint of 8' x 12'. Facilities such as community kitchen, case management office, and hygiene facility are provided on-site. LIHI will provide case management, housing navigation, and other supportive services. A certain percentage of individuals may be frail, chronically homeless, experience mental illness, be chemically dependent, or living with developmental and physical disabilities. Staff will be present 24/7 to enforce a code of conduct and provide security, a sense of community, and ensure the well-being of the site and its relationship with the surrounding community. Village Management Day-to-day oversight of operations of the site is done by a team of LIHI staff. This includes a Village Operations Manager (VOM) and Village Organizers. Staff will be on duty at all times and will assure the village and its members are safe, accountable, and responsive. Village Organizers: 24/7 staff presence will be maintained on-site. Village Organizers will be present during evenings, overnight, holidays, and on weekends when the Village Operations Manager and Case Managers are not working. This includes up to 5 staff working full and part-time. They will be responsible for ensuring the peace, controlling the entrance to keep the village safe, preventing unwanted visitors, keeping the village organized, responding to emergencies, serving as a point for 9 77 community contact during their shifts, and other duties. They will do perimeter checks and patrol the area at least every hour during their shifts. Village Operations Manager: One FTE Village Operations Manager will be assigned to manage operations and supervise staff at the site. The Village Operations Manager provides management oversight and program supervision and ensures that procedures and policies are followed. The position works with program participants and staff to maintain the site in a clean and organized state. The Village Operations Manager will also conduct inventory, order supplies, inspect the site, establish relationships with the community, and hire, train, and supervise on-site LIHI staff. The Village Operations Manager will be supervised by LIHI Upper Management. The Village Operations Manager will work collaboratively with LIHI's supportive services team to provide case management, housing search, employment, behavioral health, and other services. Case Managers: The Case Managers are responsible for establishing relationships with the community resources, providing informal counseling, providing information and referral assistance to clients, and coordinating community -building activities. The Case Managers will be working and problem -solving with the clients of the Village daily. One FTE Case Manager will be dedicated to the Tiny House Village site. The focus will be moving the clients into permanent housing and providing supportive services. See Supportive Services Plan. Basic Rules/Code of Conduct Miracle Village has an initial and basic set of rules which are part of an Intake Form. One copy of this form is given to all new program participants to read and retain, while a second copy is kept by management as a record of the intake and agreements made at that time. For guests with limited English proficiency and/or literacy limitations, LIHI staff will arrange for appropriate translation and/or interpretation services to ensure the guests fully understands the code of conduct within three days of the initial intake. This intake packet, the basic rules it establishes, and many of the policies and procedures already created are available upon request from the LIHI management team. Program Participant Rights No program participant will be discriminated against for belonging to a class of citizen protected by the City, State, or Federal government. All program participants have the right to speak freely and pursue established rights to appeal without fear of retaliation. Screening The Manager conducts a National Sex Offender Registry and WA Sex Offender search to determine if the client can be admitted. After it is determined that the client is not a sex offender, the manager assesses the client's mental health status, physical health status, and drug and alcohol dependency based on the client's self-assessment. If the manager feels that the client can be successful in the village, the two 10 78 complete an intake and the client is walked to their house, given the key, presented with a hygiene kit and welcomed home. There is the expectation that each client will complete a daily chore, meet twice a month with a Housing Case Manager with the intention of pursuing permanent housing, sign in daily at the front desk and attend community meetings when it is safe to do so. Intake Process The Village Operations Manager will complete the intake process and assist in filling out intake forms with new program participants who are referred to the village. Staff will provide orientation to new participants. Visitor Policy Prearranged tours, drop-offs of donations, and food deliveries are very welcome. Program participants may only have guests or personal visitors in the common areas between the hours of 9:00 am and 7:00 pm. All visitors will be required to sign in and out of the village. Per our current COVID-19 Policy, we are not allowing guests and/or visitors at the village at this time. Tours Tours of the village should be arranged with the LIHI Management Team. LIHI Management Team will contact the Village Operations Manager for the site to ensure that planned tours are occurring at an acceptable time and that LIHI staff will be available to assist. Media Media is not allowed in the Village. Any media inquiries regarding the Village should be directed to the LIHI Management Team. Village Security At least one LIHI staff will be on-site at any one time, with shifts operating 24 hours a day. The community and villagers are given phone and email contact info to reach on-site staff. The VOM and Village Organizers are key to keeping the village safe. While the goal of this program is to not exit participants to homelessness, if anyone on the premises is violating rules that the Village Operations Manager or Village Organizer can reasonably conclude brings immediate danger to other program participants, they must be required to leave the village. Efforts will be made to find a suitable place for the person to move to if they are exited from the village. Progressive discipline will be employed as appropriate for minor infractions. Serious violations of the Code of Conduct may lead to exits. Individuals who are exited from the village must leave the village as directed. 11 79 Violations of a serious nature may include calling the police to take immediate action. This includes those who are committing or threatening to commit acts of violence that will require a call to the police. Village Organizers and/or the Village Operations Manager will escort offenders and those at risk of violent behavior out of the village if it can be safely done. Staff will report to 911 exited program participants who are loitering or trespassing. The Case Managers will be notified of the steps management will take as part of the progressive discipline process. If ultimately an exit is in order, the exit should not start in the evenings or weekends unless needed for the immediate safety of other Village residents or the surrounding community—as it will be difficult for the individual(s) to secure shelter unless if there is an immediate need to issue an exit. LIHI staff have access to cell phones and are authorized to call 911 for police or fire assistance. No one is prevented from calling 911 when needed. LIHI staff will notify the LIHI Management Team of any safety incidents involving: • Any situation requiring emergency services (Police or Fire Transport) • Assault on staff • Staff injury on the job • Program Participant injury Within one business day of the incident occurrence. Program Participants may make limited local calls for work, services, or family using the village phone located at the security office. Incoming calls for participants will usually require LIHI staff to take names and numbers to pass on later to the participant. Village Organizers will stay on their post until their replacement has arrived or a member of the LIHI Management Team has been informed. In the event of an emergent issue where a staff member is unable to wait for a replacement, LIHI Management Team will have someone on site within two hours in order to ensure 24/7 staffing. Security Design The Security Office at the entrance will provide visibility inside the village and out. Security cameras will be installed. An emergency exit is provided at the side of the village. Community Self -Help Program participants will be asked to contribute a certain number of hours per week for the benefit of the village. This includes tasks such as kitchen duty, recycling, sorting donations, litter pick-up, yard 12 80 work, and trips to the food bank, gardening, etc. Reasonable accommodation will be made for those who are too frail or sick. Program participants are asked to attend weekly meetings in the community space to discuss how the village is operating and to develop a sense of community. Problems, solutions, announcements, and community activities will be discussed. Health and Public Health LIHI will be using the Sanctioned Homeless Encampments Initial Planning and Management Checklist as a guide during the initial setup and management of the village. We will schedule and participate in walkthroughs by Public Health Department workers upon request. Our management team has extensive knowledge and experience in ensuring the health and safety of the clients which will be applied to the site. All kitchen items and foods will be stored in rodent -proof containers. LIHI staff will conduct daily site inspections to ensure that everything is clean and well -organized. Program participants will be responsible for keeping the kitchen, the dumpster area, toilets, and community areas clean at all times. In addition: • Bait stations will be maintained on a regular schedule through a contact with a pest control company. • Drinking water will be available in the kitchen. • LIHI staff will ensure that all food and perishable goods are stored properly. • LIHI staff will conduct weekly site inspections and monthly unit inspections to ensure that best practices and expectations are met. Village Organizers at the site will cover not only the security obligations described above, but additional assistance with village clean-up, unit turns, bag and tags, emptying trash cans, and other duties. The Village Organizers will also ensure that the perimeter of the site is clear of any litter at all times. The Village Organizers will ensure that any litter or refuse piles adjacent to or in the area of the Village with a proven nexus to the Village will be addressed and removed within two days of being notified by the City. Fire Department—City and Fire Department employees have been, and will continue to be, welcome to enter the Village to observe fire safety issues and offer advice and suggestions on how to prevent fire hazards. The village will have fire extinguishers placed throughout the site and will also have a designated smoking area. The tiny house units will have smoke detectors and carbon monoxide detectors which will be inspected by management monthly. A first aid kit will be stored on site. Coordination and Communication: LIHI Management Team determines policies, rules, and operating principles, and takes responsibility for running the site. LIHI and village staff will hold a meeting at least once every two weeks to discuss problems, act on solutions, and share information. For issues that require immediate actions, LIHI Management will approve solutions and meet on-site (if needed) to take necessary actions within 24 hours. 13 81 All participants are expected to report all issues and problems on-site to the Village Organizers/Village Operations Manager. The Village Organizers will report all issues and concerns to the Village Operations Manager who will make sure that all issues are resolved in a timely manner. Services, Case Management and Data Collection LIHI maintains streamlined access to housing resources that are available to those who qualify. LIHI will provide Case Managers who have experience working with the homeless population including the chronically homeless and people living with drug/alcohol problems. The Case Managers will provide on- site information and referral services, employment counseling, and will assist in applying for housing and services. LIHI will provide a count of program participants in the site to funders as requested. This list will also account for any exits from the site with an explanation of the exit (ie, into housing, return to homelessness, etc.) HMIS Protocols The LIHI Case Managers will do HMIS surveying and data entry—in an informed -consent fashion—with all program participants. Within seven days of intake into the village, new participants will check in with the Case Managers and complete the HMIS Informed Consent and Demographics forms. All data entry will be done by LIHI. Amenities Faith -based and community groups will be invited to prepare and serve meals on a weekly schedule. Other amenities will include the kitchen and food preparation area, toilets, showers, laundry, outside smoking area, and community space. The kitchen area will be furnished with equipment and appliances which includes refrigerators, freezer, sink, coffee maker, and microwave. Outdoor grills will be provided. A supply of cutlery, plates, bowls, food, and cups will be available. They will be disposable products. Simple food staples such as peanut butter, salt, and bread will be available. Tiny Houses (sleeping structures) Tiny Houses purchased, built, or donated to LIHI are the property of LIHI. Program participants are to keep the tiny houses habitable, clean, and safe. Each tiny house will have a heater/fan, smoke/CO2 detector, outlet, and light. No smoking of any kind, candles, cooking or fires, hairdryers, food, and appliances (other than the heater that we provide) are allowed in the tiny house units. No hoarding is allowed. No storage of personal belongings is allowed outside the tiny house units. Community Relations & Grievances LIHI provides clear contact information for neighbors. Communication with LIHI starts with contacting the Village Organizers or Village Operations Manager. 82 14 Complaints are received by Village Operations Manager who must record all pertinent information received. Upon request, the complainant will be informed of any resolution of the complaint. The Village Operations Manager will retain a log of any complaints, including any proposed, pending or resolution to each complaint and share them with the City at the regular coordination meetings. If an immediate solution cannot be provided simply by the Village Organizers or the Village Operations Manager, it is taken to the LIHI Upper Management to resolve. Internal Grievance Process—The Low Income Housing Institute has an established internal grievance process. The grievance policy will be posted in the common area and additional copies will be available upon request. This will ensure that every member of our community is aware of the grievance process. LIHI staff will also provide information to all program participants on the grievance process. LIHI Management Team will discuss all issues, complaints, and grievances in a timely manner. All program participants are expected to report issues and problems to the Village Organizers or the Village Operations Manager. Village Organizers will report all issues and concerns to the Village Operations Manager who will make sure that all issues are resolved in a timely manner. Program participants should discuss their concerns with the Village Organizers or with the Village Operations Manager. We encourage everyone to put their concerns in writing so LIHI Management can address them effectively. Staff will investigate the complaint to determine the factual elements and make a determination as to the best approach to deal with the issue. Staff will review the grievance and clarify any missing or ambiguous issues with the program participants. Similar to external complaints discussed above, the Village Operations Manager will retain a log of any grievances, including proposed, pending or resolution to each grievance and share them with the city at the regular coordination meeting. If the complainant is not satisfied with the decision or outcome of the resolution by staff, or if the grievance or issue involves site staff, they may contact LIHI Management Staff, Alexandra Price (Supportive Services) at alexandra.price@lihi.org. LIHI Management Staff actions or decisions can be appealed by writing to the Director of Special Projects & Operations; Ralph Neis, Low Income Housing Institute, 1253 S Jackson St Suite A, Seattle, WA 98144. Community Advisory Committee The Community Advisory Committee (CAC) will be formed to bring LIHI staff together with neighbors and local businesses representatives who are invested in the success of the program. The City will designate a primary and alternative staff member to serve on the CAC. Each month, The LIHI Management Team will present statistics relating to current occupancy and talk about success stories and various projects they are working on to enhance the experience of the community. If necessary, CAC members and other community members will be given an opportunity to present concerns; LIHI will 15 83 acknowledge problems that may have arisen and discuss solutions. If the CAC and LIHI are unable to agree on remediation efforts for such concerns, LIHI will engage a dispute resolution resource to facilitate resolution. Committee members also discuss ways in which they can support the staff and participants of the village. Maintenance and Repairs Program participants must inform the Village Organizers or the Village Operations Manager of any issues regarding repair and maintenance. The On-site staff will fix or resolve basic work orders and other maintenance and repairs are completed by LIHI Staff members dispatched from the LIHI Main Office. The Village Operations Manager submits a Maintenance Request and it then gets routed to an appropriate technician. Requests are prioritized and completed in a timely manner based on the severity of the problem. Donations Donations of household items (bedding, towels, coats, etc.) are accepted anytime at the on-site security office of the village. To comply with the Public Health, some kitchen items such as dishware, silverware, and other reusable ceramic tableware are not accepted in the village. All monetary donations must go through the LIHI Main Office located at 1253 S Jackson St Suite A, Seattle, WA 98144 or online at www.lihi.org. 16 84 Attachment C THV and Shelter Parking Policy As a Program participant of the LI HI Tiny House Village and Shelter Program, I understand that the Permit Parking Policy will be enforced effective May 15, 2022. This means that only Program participants' registered vehicles are allowed to park in the property. This policy includes Program participants as well as guests, visitors, other family members, and outside service providers. Vehicle Information: Unit Number: Phone Number: License Plate #: Make/Model/Year: Color: Is the vehicle registration current? Y or N Is the vehicle registered in your name? Y or N If not, who is the legal owner of the vehicle? Legal Owner Phone: Legal Owner Email: Parking Rules and Regulations: 1. Program participants are allowed one (1) vehicle per person. 2. All vehicles must be registered with the Village/Shelter Operations Manager (VOM). 3. All vehicles must be inside the parking lot perimeter and MUST have a valid parking sticker. 4. The sticker is non -transferable to a different vehicle. It can only be used for the vehicle for which it was assigned. A new sticker will be issued for a vehicle change, after it is registered with the VOM. 5. Program participants may not receive or save parking spots. 6. You may NOT park on any curb, fire lane, sidewalk, or spot assigned with reserved parking. You must park in the designated parking lot only. 7. You may not double park perpendicularly or diagonally behind any other vehicle. 8. There is no overnight sleeping in vehicles, by anyone, regardless of their registration with the VOM. 9. All vehicles must be in proper working order, or they will be removed from the property. 10. All vehicles must be licensed and registered per State of Washington rules and regulations. 17 85 11. No car repairs are to be made on the premises including minor maintenance. 12. Program participants shall not allow an inoperable vehicle to remain on the property for more than 48 hours. 13. Recreational vehicles and campers are not permitted to park in the parking area. 14. If your vehicle is towed, due to non-compliance with this Permit Parking Policy, you are 100% responsible for the cost to recover the vehicle. Bicycle Policy: 1) Program participants are allowed to have only one bicycle per person. 2) All bicycles must be stored in the community bike rack. Program Participant Name: Operations Manager Signature Program Participant Signature: Date Date 86 18 Attachment D This attachment is an interim site plan subject to change that may be required from city department input or site survey data. 19 87 FYJTUJOH PG BWF UST 'BU BOE S0B UI 331US EBG US33 UP PG MO OXMZ BUUQPC PGPG IPVTFT TE S0B TFMZ OYO TXMZ UST PG TXMZQMU QPSTQPST 46:811.1557 BU UI BUUP MO TE UI ' BMM OFMZ ' GU UQPC GU OMZS0B UI CFUCFH TFBUUMFTFBUUMF33 BWF 261 CFUXFFO 481 GU US BU UI PG EBG MZ JOUFSVSCBO UP S0B 261 PG TF OXMZ 'GU TU QSPE S0B EFTDSJQUJPO; 46:811.1556 TU BU UPUP MO TFMZUI46 46:811.155646:811.1557 TQBDJOH WBD FYUJOHVJTIFST SPVUF BU SJWFS OMZTXMZ BEEBEE BWFMO UI FMZ PGOFMZ UI BWF GU PG JOUFSVSCBOJOUFSVSCBOJOUFSVSCBO FTDBQF PG PG QPSUQPC CVJMEJOHT/ WBDUI NJOJNVN 261 QSPE TE UI QBSDFMT OYO MO GU OPUFT; QBSDFMQBSDFM BWF '' MFHBM GU UP TXMZ46 UP UQPC 33.3433.34 GJSFGJSF 5( CFH FMZ 261 S0B TF GUUP . MBOF nbjo xbufs GJSF 23# 31( NVTUFS BSFB izesbou mpdbujpo Ofbsftu MBOF GJSF 31( NVTUFS BSFB 88 MEMORANDUM OF AGREEMENT Riverton Park Village 13832 Military Road S., Tukwila, WA 98168 The CITY OF TUKWILA, a Washington municipal corporation ("City") whose address for notices is 6200 Southcenter Blvd., Tukwila WA 98188, hereby grants to the Low Income Housing Institute ("LIHI"), a Washington nonprofit corporation ("LIHI") whose address for notices is 1253 S. Jackson St. Suite A, Seattle, WA, 98144, a Memorandum of Agreement ("MOA") for the operation of a Tiny House Village for and in consideration of LIHI's compliance with the conditions set forth herein. The City and LIHI hereby agree as follows: 1. Site. The site is located at 13832 Military Road S., Tukwila, WA 98168 on real property owned by the Riverton Park United Methodist Church ("Riverton Park UMC"). 2. Term. The initial term of this MOA will be from August 1, 2022 to December 31, 2022, and may be automatically renewed annually for successive calendar years. Either party may sooner terminate this MOA with 60 days written notice and/or termination of funding or in the event of default by LIHI as described in Section 14 of this MOA. 3. Use. Once the site is fully operational, LIHI may use the site only for the operation and management of a Tiny House Village to be known as the Riverton Park Village to serve homeless guests in a maximum of twenty (20) Tiny Houses (collectively, "Tiny Houses") with daily services, including, but not limited to, bathrooms, drinking water, food handling facilities, garbage services, social and health services and overnight shelter. Tiny House footprints shall be one hundred and twenty square feet or less. Each Tiny House shall be limited to no more than two Guests at one time, and LIHI shall limit the total number of Guests to 40 maximum. Tiny Houses shall not be plumbed with water or sewer. LIHI agrees to keep the site in a neat and clean condition. LIHI shall not use or permit the site to be used in violation of any municipal, county, state or federal law, ordinance, rule or regulation, or in any manner that may create a nuisance. Firearms and/or other weapons are prohibited. Registered sex offenders and people who are required to register as a sex offender shall be prohibited from the site. 4. Staffing. LIHI shall uphold the staffing plan identified in the Management Plan in Attachment B. Failure to provide 24/7 staffing, which may include Village Organizers, Village Operations Manager (one fulltime FTE) or Case Manager (one fulltime FTE, minimum, dedicated to this site) shall constitute default by LIHI under Section 14 of this MOA, with LIHI having three business days to cure prior to the City initiating termination under Section 2 of this MOA. 1 89 5. Good Neighbor Agreement. LIHI shall uphold policies and procedures to ensure compliance with TMC 18.50.270. In the event of a conflict between the TMC and this MOA, the terms of the MOA shall control. a. Quiet Hours. These shall be defined in the Code of Conduct; see Attachment A. b. Smoking areas. These shall be defined in the Management Plan; see Attachment B. c. Security & Screening procedures. These shall be defined in the Management Plan; see Attachment B. d. Litter, including confirmed impacts adjacent to the Tiny House Village. These shall be defined in the Management Plan; see Attachment B. e. Any required landscaping and fencing shall be established on the approved site plan; See Attachment D. This attachment is an interim plan subject to change that may be required from city department input or site survey data. 6. Code of Conduct a. Each Tiny House Village Guest shall be informed of the Code of Conduct and agree to abide by its terms as a condition of enrollment; see Attachment A. 7. Parking Plan. All Guests, visitors, and staff agree to comply with the parking policy; see Attachment C. 8. Fire & Police Coordination Plan. LIHI agrees that if semi-annual calls for Police service exceed .25 per tiny house the Village Operations Manager and LIHI representatives shall meet with Tukwila Police Department and City representatives to form a plan to reduce law enforcement calls below the threshold level. If semi-annual calls for Police service exceed 1 per tiny house, the site may be subject to TMC Chapter 8.27 Chronic Nuisance Properties. Where LIHI staff initiates the call to the Police and Fire department to collaborate toward a remedy it will not count towards the threshold level. 9. Reporting. LIHI agrees to track performance metrics, such as placements of Guests into permanent housing or referral to addiction treatment programs, as well as any deviations from the terms of this MOA. This data to be provided by LIHI to the City on a quarterly basis. Starting from the time the first Guests arrive, LIHI and City staff shall hold coordination meetings every two weeks for the first three months of the site's operation to stay ahead of any issues that may arise. After that time, upon mutual agreement of the parties, those meetings may become less frequent, though no less often than quarterly. See Management Plan; Attachment B. 10. LIHI's Responsibilities. It shall be LIHI's sole responsibility to operate the Tiny House Village, including, among other requirements: a. A LIHI staff member must be physically present at the site at all times. b. LIHI shall ensure that any damage to any Tiny House caused by Guests through either negligence, intentional abuse, or accident beyond normal use is repaired in a timely manner. 2 90 c. LIHI staff, Guests and Visitors shall comply with all health and safety regulations promulgated by local, state, or federal authorities, specifically including but not limited to all COVID-related gathering limits and mask mandates. d. At no time shall LIHI staff, Guests, or Visitors, park overnight outside of the site boundaries. 11. No Disposal of Wastewater. Under no circumstances may wastewater be discharged directly to the ground or into a stormwater conveyance. All wastewater shall be discharged to the greywater discharge point provided on the site or into an approved sewer line. 12. Indemnification. LIHI shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all loss, claims, expense and liability whatsoever arising out of, or in connection with LIHI's exercise of rights hereunder, except for those losses and claims arising solely from the City's negligence. This indemnity includes, but is not limited to, all expenses incurred by or for the City, or its officers, agents or employees, including but not limited to judgments, settlements, costs, investigation, expenses and attorney fees, including any and all costs associated with the release of environmental contamination on or near the site. The parties hereto agree that the City shall not be responsible to LIHI for any property loss or damage done to the site, whether real, personal or mixed, occasioned by reason of any fire, storm, natural disaster, or other casualty whatsoever. It shall be LIHI's responsibility to provide its own protection against casualty losses of whatsoever kind or nature, regardless of whether or not such loss is occasioned by the acts or omissions of the City, LIHI, third party, or act of nature. 13. Insurance. LIHI agrees to maintain in force during the operation of the Tiny House Village and the entire term of this MOA, the following types and coverage limits of insurance, and as to which the City shall be named as an additional insured (with any endorsement required by the policy): Workers Compensation: Statutory Amount Broad Form Comprehensive $1,000,000 per occurrence General Liability: $2,000,000 aggregate Automobile Liability: $1,000,000 Said insurance shall be primary and noncontributory with any other insurance for which the City is a named insured. All insurance coverages required under this Agreement shall include a waiver of subrogation against the City for losses arising from work performed by LIHI. An insurance certificate and all endorsements showing the coverage required under this section shall be submitted to the City for approval at least annually. 14. Default. Should either party hereto believe that the other has failed to perform an obligation under this Agreement, it shall deliver written notice to that effect to the other, specifying the alleged default and giving the other party thirty (30) days to cure such default, unless a shorter time is specified in this MOA. Thereafter, should the default not be remedied to the satisfaction of the non -defaulting party, this Agreement may be terminated upon thirty 91 (30) days written notice (delivered by certified mail). Within thirty (30) days of termination of this MOA, the site shall be vacated of occupants. Within thirty (30) days after the site has been vacated, all Tiny House Village site improvements shall be removed from the site, including but not limited to Tiny Houses, tents, hygiene trailers, temporary office structures, and all other real and personal property on the site; in addition, utilities must be capped. 15. Proiect Managers. The following individuals are hereby designated as Project Managers and shall be contacted during regular business hours regarding any issues arising under this MOA: For LIHI: Ralph Neis, Director of Special Projects & Operations, Low Income Housing Institute, 1253 S. Jackson St. Suite A, Seattle, WA, 98144, rneis@lihi.org (206) 957-8043. 16. No Assignment. Nonprofit is prohibited from either assigning or subletting all or any portion of the site. Should the current property owner sell or convey the site, this MOA shall terminate within 30 days of such sale or conveyance. 17. Notices. All notices required or permitted hereunder shall be in writing and shall be delivered personally or sent by certified mail to the person named in Section 15 at the addresses set forth above or to such other address as LIHI shall notify the City of in writing. 18. No Waiver. No waiver of any provision of this MOA will be valid unless in writing and signed by the person against whom such waiver is sought to be enforced, nor will failure to enforce any right hereunder constitute a continuing waiver of the same or a waiver of any other right hereunder. 19. Complete Agreement. This MOA and attachments thereto set forth the complete agreement of the parties with respect to the site and the Tiny House Village, and it shall not be amended or modified except by a further written agreement signed by the parties. This MOA shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SIGNATURES: Sharon Lee Date Allan Ekberg Date LIHI Executive Director Mayor, City of Tukwila 92 4 Attachments A. Code of Conduct B. Management Plan C. Village and Shelter Parking Policy D. Park Village Site Plan 5 93 Attachment A IIO TIITLDTE Code of Conduct Tiny House Village and Shelter Program The people of the Low Income Housing Institute, in order to keep a more harmonious community, ask that you observe the following Code of Conduct: VIOLENCE/THREATENING BEHAVIORS 1. Violence and nuisance that offend decency or annoy, injure, or endanger the safety, health, comfort, or repose of the community will not be tolerated. Please attempt to resolve any conflict in a peaceful manner. For resolution or if further assistance is needed, please see Village staff. 2. The use of profane, racist, or sexist language will not be tolerated. 3. Assault, verbal abuse, retaliation, intimidation, or threatening behavior will not be tolerated. 4. Weapons are not allowed in the Village. DRUGS AND ALCOHOL 1. No alcohol, drugs (including marijuana) are allowed in any public spaces within the Village, or the surrounding area. Possession of an open container of alcohol will be sufficient proof of public drinking. GENERAL 1. All participants must follow all village, City, and State regulations and policies which include but are not limited to the Pet Policy, Parking Policy, Public Health Codes, Fire Codes, and other rules and regulations posted in the village. 2. Participants are limited to a six-month stay, with an option of extension up to one year if further housing barriers exist and there is a continued commitment to engagement with case management. 3. Visiting hours are posted in the security office and must be done in the community area only. Per our current COVID-19 Policy, we are not allowing guests and/or visitors in the village at this time. 4. Every member of the community is required to contribute to the village with hours of service which will be assigned by village staff each week and will rotate between each tiny house section. 5. You must respect the peace, comfort, and enjoyment of other villagers. Loud voices, music, musical instruments, radios, TVs, players, etc. shall be played only during reasonable hours 94 between 8:00 am and 10:00 pm. If staff and/or other villagers are disturbed by the volume, it is too loud. 6. Participants are responsible for the actions of all their household members, guests and pets. 7. Attendance in weekly community meetings are required. Please communicate with staff if you are unable to attend. 8. Theft is strictly prohibited. Program Participants assumes any and all responsibility for protecting their belongings from theft which includes keeping their units locked and belongings secured inside the units. LIHI shall not be responsible for lost or stolen property from the premises or the common areas. 9. Your unit at the Village must be your primary place to stay while enrolled in the Tiny House Village program. Using your unit for storage while staying elsewhere will result in a permanent exit. 10. You must sign in at the security office daily. Three days without signing in will result in your receipt of an Abandonment Notice and your unit will be cleared of your belongings. SAFETY 1. Smoke alarms and carbon monoxide alarms have been installed in each unit. Do not tamper with nor disable. 2. No open flames are permitted in the tiny house units. 3. Smoking must be done in designated smoking areas. No smoking of any kind inside the tiny house units. 4. No microwaves, propane tanks, unauthorized heaters or big appliances are allowed in any tiny house unit. 5. For the first month, you will have weekly inspections — and monthly inspections thereafter. A 48 hour notice will be given to each participants prior to the inspection. If Staff believe a potential health risk exist, LIHI reserves the right to enter your unit to assist or help you to safety. 6. For the safety of the village, an immediate inspection may be required if a maintenance or safety risk has been identified. 7. You must follow all village, City, and State COVID-19 regulations and policies. Updated COVID-19 policies are posted in the security office. 8. You cannot make any changes to any fixture, wiring, locks, or any other part of the tiny house unit. CLEANLINESS 1. Do not store personal belongings or furnishings on decks, porches, or other public areas. No storage of any kind is allowed outside the Village on adjacent properties. All personal belongings must be stored inside your designated tiny house unit. 2. Keep your tiny house unit clean at all times 3. Do not place anything behind your front door which will prevent it from opening fully. Staff will be checking this during monthly inspections. 4. No food is allowed in any of the units unless it is packaged in an air sealed container and disposed of when finished. 7 95 5. Keep your food labeled and stored in designated space within the refrigerator. 6. One bicycle per person and it must be stored in a designated bike area. 7. All recycling, trash, and compostable/food must be separated and properly disposed of. 8. Use the designated restrooms. Please see your Case Manager if further resources are needed. 9. Tiny House units must be maintained in good order, and any repair problems should be reported promptly. Pest and bed bug infestation must be reported immediately. CASE MANAGEMENT 1. Case management participation is required. Please be sure to meet with your case manager at least two times per month at a minimum. 2. The Case Manager will do Homeless Management Information System (HMIS) surveying and data entry — in an informed -consent fashion. Within seven days of intake into the Village, new participants are required to check in with the Case Manager and complete the HMIS Informed Consent and Demographics forms. HMIS data collection is a requirement our funders. 3. Turning down a viable housing opportunity is a violation of the Service agreement unless it is determined that the housing opportunity could pose a health, safety or traumatic occurrence to your household. 4. A Housing Service Plan will be completed as part of your case management requirement. OTHER 1. All animals must be on a leash when being walked and owners must pick up their animal's waste. Participants must show proof of up-to-date vaccinations, spay/neutering documentation within 30 days of intake/move in date. Please refer to the Pet Policy for more information. 2. There will be no feeding of stray animals. Feeding strays will be considered keeping a pet without permission. 3. No loitering or disturbing neighbors- no trespassing on private property. 4. Participants must use the main entrance for entry and exit. IF THESE RULES ARE NOT RESPECTED AND ENFORCED, DISCIPLINARY ACTION WILL BE TAKEN, AND MAY LEAD TO BEING EXITED FROM THE VILLAGE. 96 Attachment B Management Plan Riverton Park Village Background The Low Income Housing Institute (LIHI) develops and manages housing for people who are low-income and/or homeless, provides technical assistance to communities and other non -profits, and advocates for housing for all. LIHI provides thousands affordable apartments in the Puget Sound region. The majority of LIHI housing serves formerly homeless people below 30% of the area median income. LIHI sponsors over a dozen tiny house villages and multiple enhanced shelters open 24/7 for homeless people as a crisis response to homelessness. We provide supportive services to move people into long-term housing and access to healthcare, employment, and education. LIHI is partnering with King County Department of Human Services and the City of Tukwila to operate a Tiny House Village at 13832 Military Road S., Tukwila, WA 98168. Riverton Park Village is located on property owned by the Riverton Park United Methodist Church ("Riverton Park UMC")This site will shelter adults 18 and over in tiny house units that are insulated, heated, and have a footprint of 8' x 12'. Facilities such as community kitchen, case management office, and hygiene facility are provided on-site. LIHI will provide case management, housing navigation, and other supportive services. A certain percentage of individuals may be frail, chronically homeless, experience mental illness, be chemically dependent, or living with developmental and physical disabilities. Staff will be present 24/7 to enforce a code of conduct and provide security, a sense of community, and ensure the well-being of the site and its relationship with the surrounding community. Village Management Day-to-day oversight of operations of the site is done by a team of LIHI staff. This includes a Village Operations Manager (VOM) and Village Organizers. Staff will be on duty at all times and will assure the village and its members are safe, accountable, and responsive. Village Organizers: 24/7 staff presence will be maintained on-site. Village Organizers will be present during evenings, overnight, and on weekends when the Village Operations Manager and Case Managers are not working. This includes up to 5 staff working full and part-time. They will be responsible for ensuring the peace, controlling the entrance to keep the village safe, preventing unwanted visitors, keeping the village organized, responding to emergencies, serving as a point for community contact 9 97 during their shifts, and other duties. They will do perimeter checks and patrol the area at least every hour during their shifts. Village Operations Manager: One FTE Village Operations Manager will be assigned to manage operations and supervise staff at the site. The Village Operations Manager provides management oversight and program supervision and ensures that procedures and policies are followed. The position works with program participants and staff to maintain the site in a clean and organized state. The Village Operations Manager will also conduct inventory, order supplies, inspect the site, establish relationships with the community, and hire, train, and supervise on-site LIHI staff. The Village Operations Manager will be supervised by LIHI Upper Management. The Village Operations Manager will work collaboratively with LIHI's supportive services team to provide case management, housing search, employment, behavioral health, and other services. Case Managers: The Case Managers are responsible for establishing relationships with the community resources, providing informal counseling, providing information and referral assistance to clients, and coordinating community -building activities. The Case Managers will be working and problem -solving with the clients of the Village daily. One FTE Case Manager will be dedicated to the Tiny House Village site. The focus will be moving the clients into permanent housing and providing supportive services. See Supportive Services Plan. Basic Rules/Code of Conduct Riverton Park Village has an initial and basic set of rules which are part of an Intake Form. One copy of this form is given to all new program participants to read and retain, while a second copy is kept by management as a record of the intake and agreements made at that time. For guests with limited English proficiency and/or literacy limitations, LIHI staff will arrange for appropriate translation and/or interpretation services to ensure the guests fully understands the code of conduct within three days of the initial intake. This intake packet, the basic rules it establishes, and many of the policies and procedures already created are available upon request from the LIHI management team. Program Participant Rights No program participant will be discriminated against for belonging to a class of citizen protected by the City, State, or Federal government. All program participants have the right to speak freely and pursue established rights to appeal without fear of retaliation. Screening The Manager conducts a National Sex Offender Registry and WA Sex Offender search to determine if the client can be admitted. After it is determined that the client is not a sex offender, the manager assesses the client's mental health status, physical health status, and drug and alcohol dependency based on the client's self-assessment. If the manager feels that the client can be successful in the village, the two 10 98 complete an intake and the client is walked to their house, given the key, presented with a hygiene kit and welcomed home. There is the expectation that each client will complete a daily chore, meet twice a month with a Housing Case Manager with the intention of pursuing permanent housing, sign in daily at the front desk and attend community meetings when it is safe to do so Intake Process The Village Operations Manager will complete the intake process and assist in filling out intake forms with new program participants who are referred to the village. Staff will provide orientation to new participants. Visitor Policy Prearranged tours, drop-offs of donations, and food deliveries are very welcome. Program participants may only have guests or personal visitors in the common areas between the hours of 9:00 am and 7:00 pm. All visitors will be required to sign in and out of the village. Per our current COVID-19 Policy, we are not allowing guests and/or visitors at the village at this time. Tours Tours of the village should be arranged with the LIHI Management Team. LIHI Management Team will contact the Village Operations Manager for the site to ensure that planned tours are occurring at an acceptable time and that LIHI staff will be available to assist. Media Media is not allowed in the Village. Any media inquiries regarding the Village should be directed to the LIHI Management Team. Village Security At least one LIHI staff will be on-site at any one time, with shifts operating 24 hours a day. The community and villagers are given phone and email contact info to reach on-site staff. The VOM and Village Organizers are key to keeping the village safe. While the goal of this program is to not exit participants to homelessness, if anyone on the premises is violating rules that the Village Operations Manager or Village Organizer can reasonably conclude brings immediate danger to other program participants, they must be required to leave the village. Efforts will be made to find a suitable place for the person to move to if they are exited from the village. Progressive discipline will be employed as appropriate for minor infractions. Serious violations of the Code of Conduct may lead to exits. Individuals who are exited from the village must leave the village as directed. 11 99 Violations of a serious nature may include calling the police to take immediate action. This includes those who are committing or threatening to commit acts of violence that will require a call to the police. Village Organizers and/or the Village Operations Manager will escort offenders and those at risk of violent behavior out of the village if it can be safely done. Staff will report to 911 exited program participants who are loitering or trespassing. The Case Managers will be notified of the steps management will take as part of the progressive discipline process. If ultimately an exit is in order, the exit should not start in the evenings or weekends unless needed for the immediate safety of other Village residents or the surrounding community—as it will be difficult for the individual(s) to secure shelter unless if there is an immediate need to issue an exit. LIHI staff have access to cell phones and are authorized to call 911 for police or fire assistance. No one is prevented from calling 911 when needed. LIHI staff will notify the LIHI Management Team of any safety incidents involving: • Any situation requiring emergency services (Police or Fire Transport) • Assault on staff • Staff injury on the job • Program Participant injury Within one business day of the incident occurrence. Program Participants may make limited local calls for work, services, or family using the village phone located at the security office. Incoming calls for participants will usually require LIHI staff to take names and numbers to pass on later to the participant. Village Organizers will stay on their post until their replacement has arrived or a member of the LIHI Management Team has been informed. In the event of an emergent issue where a staff member is unable to wait for a replacement, LIHI Management Team will have someone on site within two hours in order to ensure 24/7 staffing. Security Design The Security Office at the entrance will provide visibility inside the village and out. Security cameras will be installed. An emergency exit is provided at the side of the village. Community Self -Help Program participants will be asked to contribute a certain number of hours per week for the benefit of the village. This includes tasks such as kitchen duty, recycling, sorting donations, litter pick-up, yard 12 100 work, and trips to the food bank, gardening, etc. Reasonable accommodation will be made for those who are too frail or sick. Program participants are asked to attend weekly meetings in the community space to discuss how the village is operating and to develop a sense of community. Problems, solutions, announcements, and community activities will be discussed. Health and Public Health LIHI will be using the Sanctioned Homeless Encampments Initial Planning and Management Checklist as a guide during the initial setup and management of the village. We will schedule and participate in walkthroughs by Public Health Department workers upon request. Our management team has extensive knowledge and experience in ensuring the health and safety of the clients which will be applied to the site. All kitchen items and foods will be stored in rodent -proof containers. LIHI staff will conduct daily site inspections to ensure that everything is clean and well -organized. Program participants will be responsible for keeping the kitchen, the dumpster area, toilets, and community areas clean at all times. In addition: • Bait stations will be maintained on a regular schedule through a contact with a pest control company. • Drinking water will be available in the kitchen. • LIHI staff will ensure that all food and perishable goods are stored properly. • LIHI staff will conduct weekly site inspections and monthly unit inspections to ensure that best practices and expectations are met. Village Organizers at the site will cover not only the security obligations described above, but additional assistance with village clean-up, unit turns, bag and tags, emptying trash cans, and other duties. The Village Organizers will also ensure that the perimeter of the site is clear of any litter at all times. The Village Organizers will ensure that any litter or refuse piles adjacent to or in the area of the Village with a proven nexus to the Village will be addressed and removed within two days of being notified by the City. Fire Department—City and Fire Department employees have been, and will continue to be, welcome to enter the Village to observe fire safety issues and offer advice and suggestions on how to prevent fire hazards. The village will have fire extinguishers placed throughout the site and will also have a designated smoking area. The tiny house units will have smoke detectors and carbon monoxide detectors which will be inspected by management monthly. A first aid kit will be stored on site. Coordination and Communication: LIHI Management Team determines policies, rules, and operating principles, and takes responsibility for running the site. LIHI and village staff will hold a meeting at least once every two weeks to discuss problems, act on solutions, and share information. For issues that require immediate actions, LIHI Management will approve solutions and meet on-site (if needed) to take necessary actions within 24 hours. 13 101 All participants are expected to report all issues and problems on-site to the Village Organizers/Village Operations Manager. The Village Organizers will report all issues and concerns to the Village Operations Manager who will make sure that all issues are resolved in a timely manner. Services, Case Management and Data Collection LIHI maintains streamlined access to housing resources that are available to those who qualify. LIHI will provide Case Managers who have experience working with the homeless population including the chronically homeless and people living with drug/alcohol problems. The Case Managers will provide on- site information and referral services, employment counseling, and will assist in applying for housing and services. LIHI will provide a count of program participants in the site to funders as requested. This list will also account for any exits from the site with an explanation of the exit (ie, into housing, return to homelessness, etc.) HMIS Protocols The LIHI Case Managers will do HMIS surveying and data entry—in an informed -consent fashion—with all program participants. Within seven days of intake into the village, new participants will check in with the Case Managers and complete the HMIS Informed Consent and Demographics forms. All data entry will be done by LIHI. Amenities Faith -based and community groups will be invited to prepare and serve meals on a weekly schedule. Other amenities will include the kitchen and food preparation area, toilets, showers, laundry, outside smoking area, and community space. The kitchen area will be furnished with equipment and appliances which includes refrigerators, freezer, sink, coffee maker, and microwave. Outdoor grills will be provided. A supply of cutlery, plates, bowls, food, and cups will be available. They will be disposable products. Simple food staples such as peanut butter, salt, and bread will be available. Tinv Houses (sleeping structures) Tiny Houses purchased, built, or donated to LIHI are the property of LIHI. Program participants are to keep the tiny houses habitable, clean, and safe. Each tiny house will have a heater/fan, smoke/CO2 detector, outlet, and light. No smoking of any kind, candles, cooking or fires, hairdryers, food, and appliances (other than the heater that we provide) are allowed in the tiny house units. No hoarding is allowed. No storage of personal belongings is allowed outside the tiny house units. 102 14 Community Relations & Grievances LIHI provides clear contact information for neighbors. Communication with LIHI starts with contacting the Village Organizers or Village Operations Manager. Complaints are received by Village Operations Manager who must record all pertinent information received. Upon request, the complainant will be informed of any resolution of the complaint. The Village Operations Manager will retain a log of any complaints, including any proposed, pending or resolution to each complaint and share them with the City at the regular coordination meetings. If an immediate solution cannot be provided simply by the Village Organizers or the Village Operations Manager, it is taken to the LIHI Upper Management to resolve. Internal Grievance Process—The Low Income Housing Institute has an established internal grievance process. The grievance policy will be posted in the common area and additional copies will be available upon request. This will ensure that every member of our community is aware of the grievance process. LIHI staff will also provide information to all program participants on the grievance process. LIHI Management Team will discuss all issues, complaints, and grievances in a timely manner. All program participants are expected to report issues and problems to the Village Organizers or the Village Operations Manager. Village Organizers will report all issues and concerns to the Village Operations Manager who will make sure that all issues are resolved in a timely manner. Program participants should discuss their concerns with the Village Organizers or with the Village Operations Manager. We encourage everyone to put their concerns in writing so LIHI Management can address them effectively. Staff will investigate the complaint to determine the factual elements and make a determination as to the best approach to deal with the issue. Staff will review the grievance and clarify any missing or ambiguous issues with the program participants. Similar to external complaints discussed above, the Village Operations Manager will retain a log of any grievances, including proposed, pending or resolution to each grievance and share them with the city at the regular coordination meeting. If the complainant is not satisfied with the decision or outcome of the resolution by staff, or if the grievance or issue involves site staff, they may contact LIHI Management Staff, Alexandra Price (Supportive Services) at alexandra.price@lihi.org. LIHI Management Staff actions or decisions can be appealed by writing to the Director of Special Projects & Operations; Ralph Neis, Low Income Housing Institute, 1253 S Jackson St Suite A, Seattle, WA 98144. Community Advisory Committee The Community Advisory Committee (CAC) will be formed to bring LIHI staff together with neighbors and local businesses representatives who are invested in the success of the program. The City will 15 103 designate a primary and alternative staff member to serve on the CAC. Each month, The LIHI Management Team will present statistics relating to current occupancy and talk about success stories and various projects they are working on to enhance the experience of the community. If necessary, CAC members and other community members will be given an opportunity to present concerns; LIHI will acknowledge problems that may have arisen and discuss solutions. If the CAC and LIHI are unable to agree on remediation efforts for such concerns, LIHI will engage a dispute resolution resource to facilitate resolution. Committee members also discuss ways in which they can support the staff and participants of the village. Maintenance and Repairs Program participants must inform the Village Organizers or the Village Operations Manager of any issues regarding repair and maintenance. The On-site staff will fix or resolve basic work orders and other maintenance and repairs are completed by LIHI Staff members dispatched from the LIHI Main Office. The Village Operations Manager submits a Maintenance Request and it then gets routed to an appropriate technician. Requests are prioritized and completed in a timely manner based on the severity of the problem. Donations Donations of household items (bedding, towels, coats, etc.) are accepted anytime at the on-site security office of the village. To comply with the Public Health, some kitchen items such as dishware, silverware, and other reusable ceramic tableware are not accepted in the village. All monetary donations must go through the LIHI Main Office located at 1253 S Jackson St Suite A, Seattle, WA 98144 or online at www.lihi.org. 16 104 Attachment C THV and Shelter Parking Policy As a Program participant of the LI HI Tiny House Village and Shelter Program, I understand that the Permit Parking Policy will be enforced effective May 15, 2022. This means that only Program participants' registered vehicles are allowed to park in the property. This policy includes Program participants as well as guests, visitors, other family members, and outside service providers. Vehicle Information: Unit Number: Phone Number: License Plate #: Make/Model/Year: Color: Is the vehicle registration current? Y or N Is the vehicle registered in your name? Y or N If not, who is the legal owner of the vehicle? Legal Owner Phone: Legal Owner Email: Parking Rules and Regulations: 1. Program participants are allowed one (1) vehicle per person. 2. All vehicles must be registered with the Village/Shelter Operations Manager (VOM). 3. All vehicles must be inside the parking lot perimeter and MUST have a valid parking sticker. 4. The sticker is non -transferable to a different vehicle. It can only be used for the vehicle for which it was assigned. A new sticker will be issued for a vehicle change, after it is registered with the VOM. 5. Program participants may not receive or save parking spots. 6. You may NOT park on any curb, fire lane, sidewalk, or spot assigned with reserved parking. You must park in the designated parking lot only. 7. You may not double park perpendicularly or diagonally behind any other vehicle. 8. There is no overnight sleeping in vehicles, by anyone, regardless of their registration with the VOM. 9. All vehicles must be in proper working order, or they will be removed from the property. 10. All vehicles must be licensed and registered per State of Washington rules and regulations. 17 105 11. No car repairs are to be made on the premises including minor maintenance. 12. Program participants shall not allow an inoperable vehicle to remain on the property for more than 48 hours. 13. Recreational vehicles and campers are not permitted to park in the parking area. 14. If your vehicle is towed, due to non-compliance with this Permit Parking Policy, you are 100% responsible for the cost to recover the vehicle. Bicycle Policy: 1) Program participants are allowed to have only one bicycle per person. 2) All bicycles must be stored in the community bike rack. Program Participant Name: Operations Manager Signature Program Participant Signature: Date Date 106 18 Attachment D This attachment is an interim site plan subject to change that may be required from city department input or site survey data. 19 107 O co 5/17/2022 10:34:50 AM C:\Users\levib\Documents\Tukwila Tiny Homes_2022_LeviBjb.rvt FILE NAME: POSSIBLE FIRE HYDRANT LOCATION (f PROPOSED PAVING 1/32" = 1'-0" 0' 16' 32' 64' -7f7 pn 22 ONES i-Edirtak--44n vv JOHNSON BR, U _ 15200 52nd Ave. South Suite 300 Seattle, WA 98188 Phone 206.766.8300 vvvvvv,dohnsonbraund.com ARCHITECTURE STAMP SET DESCRIPTION w 1- Q 0 0 z Description Date CD Ct z 1 >- (.6 (. co • co Q co M z .. U (1) J • Qa o n a < w f° w - ZY () O H 0 w 0 a w 0 r z z 0 w 0) 0 U_ 0 w 0 z w z_ 0 z w ›- L11 (DI z ( O . Dz O0 >z zQ =0 -0 z 00 ▪ . w w w 0) z <z in in WO PROJECT #: XX DRAWN BY: Author CHECKED BY: Checker PROPOSED PAVING A100a Schematic Design 0 CO 7/2022 10:32:52 AM y Homes _2022 Levi C:\Users\Ievib\Documents\Tu k ILE NAME: \ \ \ NOTES: - 4' MINIMUM SPACING BETWEEN TINY HOUSES AND EXISTING BUILDINGS • FIRE EXTINGUISHER Ni FIRE ESCAPE ROUTE FENCING POSSIBLE TREE REMOVAL (E) (E) o —(E) - (E) (E) 2 +/- 48' - 0" EXISTING FENCE DISTANCE POSSIBLE TREE REMOVAL OR TRIM (E) BUILDING (E) MUSTER AREA 0 Area of new hydrant if necessary (E) POSSIBLE TREE REMOVAL OR TRIM O \ (E) MUSTER AREA \ oz» \ \ . \ Cr) \ \ SITE PLAN OPT 1 \ (E) BUILDING 0' \ \ \ 1' 5' 10' 20' 40' 1/16" = CHURCH SITE PLAN INFORMATION EXISTING SITE INFORMATION: SITE ADD▪ RESS: 13832 MILITARY RD S. TUKWILA, WA 98168 ZONING: LDR (Low Density Residential) LOT SQ. FOOTAGE: MAXIMUM BUILDING HEIGHT: SETBACKS: FRONT: BACK: SIDES: • • • EXISTING STRUCTURE TOTAL SQ. FOOTAGE: TOTAL IMPERVIOUS SURFACE: 38,855 SF 35'-0" / / 20'-0" / 10'-0"/ 5'-0" +1- 5,029 SF / +1- 7,041 SF (18%) PROPOSED BUILDING INFORMATION: HOUSING SQ. FOOTAGE TOTAL: ACCESSORY BUILDING SQ. FOOTAGE: BUILDING HEIGHT: / NEW HOUSING IMPERVIOUS SURFACE: ROOF: 117 SF X 20 = ACCESSORY BUILDING IMPERVIOUS SURFACE: NEW PAVING IMPERVIOUS ▪ SURFACE: 1 TOTAL IMPERVIOUS SITE: / • ♦ / X / • / / / / / EXISTING TREE 1,920 SF (96 SF X 20) 481 SF 10'-0" • 2,340 SF (6%) 481 SF (1%) • 5,852 SF (15%) • 15,714 SF (40%)‘ • • • / / / / • • / / • • • • vv JOHNSON BR_ _1\.c. 15200 52nd Ave. South Suite 300 Seattle, WA 98188 Phone 206.766.8300 wa v]ohnson raund eom ARCHITECTURE STAMP SET DESCRIPTION w 0 0 z Description Date CD Ct (6 Et co Q co co w O O w H H z 0 J a Q F Lu .f° z § O H 0 w 0 a w 0 r z z 0 w 0) 0 0 w 0 z w z 0 z w >- 0 1- (O D O0 >-= z z z z m =0 �0 z 00 0o w w a w w 0) Ii VICINITY MAP PROJECT LOCATION PROJECT #: DRAWN BY: CHECKED BY: XX LJ B LJ B SITE PLAN - OPTION 1 A101a Schematic Design 0 7/2022 10:53:02 AM y Homes _2022 Levi C:\Users\Ievib\Documents\Tu k w 2 z w 5' - 0 5/8" (E) • • • • • • • • • • z J • O >- H 11111111111111111111111111111111111111111 s PICNIC TABLE PRIVACY FENCING; SOLID WOOD BBQ 32' - 9" PICNIC TABLE _r -------------T _ ��- a 1- 1 G (E) SITE PLAN OPT 1 ENLARGED 3/16" = 1'-0" (E) 0' 2' 4' 8' U fl BIKE RACKS ALIGN 4111 4111 4111 4111 3'-0" PRIVACY FENCING; SOLID WOOD TYP. TYP. t (E) z J KITCHEN TENT 5'-0" PRIVACY FENCING; SOLID WOOD 3'-0" TYP REST. 1 1 1 1 1 1 1 1 1 1 1 1 1 SITE PLAN INFORMATION EXISTING SITE INFORMATION: SITE ADDRESS: 13832 MILITARY RD S. TUKWILA, WA 98168 ZONING: LDR (Low Density Residential) LOT SQ. FOOTAGE: MAXIMUM BUILDING HEIGHT: SETBACKS: FRONT: BACK: SIDES: • • • • 38,855 SF 35'-0" / / 20'-0" / 10'-0"/ 5'-0" EXISTING STRUCTURE TOTAL SQ. FOOTAGE: +1- 5,029 SF / TOTAL IMPERVIOUS SURFACE: / +1- 7,041 SF (18%) PROPOSED BUILDING INFORMATION: HOUSING SQ. FOOTAGE TOTAL: ACCESSORY BUILDING SQ. FOOTAGE: BUILDING HEIGHT: / NEW HOUSING IMPERVIOUS SURFACE: ROOF: 117 SF X 20 = ACCESSORY BUILDING IMPERVIOUS SURFACE: NEW PAVING IMPERVIOUS SURFACE: 1 TOTAL IMPERVIOUS SITE: / / / / / EXISTING TREE To be updated. 1,920 SF (96 SF X 20) 481 SF 10'-0" • 2,340 SF (6%) 481 SF (1%) • 5,852 SF (15%) • 15,714 SF (40%)‘ • • • / / / / • • / / • • • • vv JOHNSON BR_ _ 1\.c. 15200 52nd Ave. South Suite 300 Seattle, WA 98188 Phone 206.766.8300 worvv.]ohnson raund eom ARCHITECTURE STAMP SET DESCRIPTION w 1- 0 0 z Description Date CD Ct H H z 0 J a}, Q w .f• ° z § O H 0 w 0 a w 0 r z z 0 w 0) 0 0 w 0 z w z 0 z w >- L11 (DI - ( U z . D 0� >z zz m w0 z 00 w a w w 0) Ii VICINITY MAP PROJECT LOCATION PROJECT #: DRAWN BY: CHECKED BY: XX Author Checker SITE PLAN - OPTION 1 - ENLARGED A101b Schematic Design COUNCIL AGENDA SYNOPSIS .Q,� Initials ITEM No. 4S1'' <C Z Meeting Date Prepared by Mayor's revieav Council revieav liv 5.1 6/27/22 RB 4.C. & a1 ,0 4, litmSpec3.E. 1908 ITEM INFORMATION STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 6/27/22 AGENDA ITEM TITLE Healthcare Broker Contract with Alliant CATEGORY 0 Mtg Discussion Date 6/27/22 0 Motion Mtg Date 6/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Pub& Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor 11 Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIV SPONSOR'S Staff is seeking Council approval to enter into a three-year contract for healthcare broker SUMMARY services with Alliant in the amount of $52,750 annually. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Administrative Services Comm' _LEE Unanimous to forward to June 27, 2022 Special Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/27/22 MTG. DATE ATTACHMENTS 6/27/22 Informational Memorandum dated May 23, 2022 Draft Contract for Services 111 112 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Rachel Bianchi, Deputy City Administrator CC: Mayor Ekberg DATE: May 23, 2022 SUBJECT: Healthcare Broker Contract ISSUE Staff is seeking Council approval to enter into a three-year contract for healthcare broker services with Alliant in the amount of $52,750 annually. BACKGROUND The City has had its existing broker, USI, for the past three years. It is standard to go to the marketplace every three years for a service such as identifying a healthcare broker. The City issued a Request for Qualifications (RFQ) and had five firms respond. Staff from the Administration, Administrative Services and Finance reviewed the RFQ documents and unanimously narrowed the firms to two — the incumbent, USI, and Alliant. Staff then invited the City's labor partners to participate in scheduled presentations and interviews with the two finalist firms. The two business representatives from Teamsters Local 763 and one internal Teamsters Local 763 shop steward joined staff from the Administration, Administrative Services and Finance to the presentations and interviews. Once again, the group was unanimous in recommending the City move forward with Alliant due to the following observations: • Strong commitment to customer service, both on the internal side assisting Human Resources and Finance, as well as the external, broader employee facing customer service; • Commitment to and history with identifying innovative ways to provide high-quality benefits while keeping costs low; and • Experience with like -sized organizations, the public sector and self-insured employers. This contract represents a reduction of what the City is currently contracted to pay in broker fees. RECOM MENDATION The Committee is being asked to approve the contract and send the item to the June 27, 2022 Special Meeting consent agenda. ATTACHMENTS Draft Contract with Alliant 113 114 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 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 Alliant Insurance Services, Inc., hereinafter referred to as "the Contractor," whose principal office is located at 1301 Dove Street, Suite 200, Newport Beach, CA 92660 (corporate headquarters). WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $52,750 annually at a rate of $4,395.83 billed per month. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing July 16, 2022, and ending July 15, 2025, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, 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 Public Entity. CA Revised May 2020 Page 1 of 4 115 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 Public Entity, 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. 7. 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. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $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 as least at broad as 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 a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City 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 at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating CA Revised May 2020 Page 2 of 4 116 of not less than A: VII. E. 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. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. 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. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. 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. 9. 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. 10. 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assianment 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. 13. 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. CA Revised May 2020 Page 3 of 4 117 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. 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 , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised May 2020 Page 4 of 4 118 Exhibit A 1. Plans and Lines of Coveraae. The services set forth in this Schedule apply to the following Client's current group benefits programs: Core benefits included: • Medical/Rx plans • Vision plan • Dental insurance plan • Employee Assistance Program (EAP) • Life/ADD insurance plans • Disability plans • COBRA • Flexible Spending Account (FSA) 2. Standard Services. E-mails received from the City of Tukwila will be acknowledged within 24 hours by your dedicated Alliant account team. FULL SERVICE PLATFORM FREQUENCY Strategy Set/review goals and objectives Evaluate market trends, competitive environment, and culture Develop/refresh multiyear strategic glide path and financial plan Benchmark plan designs, costs and contributions Facilitate planning meetings & prepare executive -level documents Evaluate funding and risk retention strategies Develop and manage service/benefit calendar Financial and Renewal Management Expected vs. budget reports including claim experience, fixed fees, and high cost claims Prepare pre -renewal analysis to inform renewal strategy Initiate renewals with vendors, negotiate annual rates and terms Conduct self-insured underwriting analysis Price plan design alternatives Develop employer premiums and calculate COBRA rates Model employee contributions Develop budget projections Support stop loss analysis — review coverage level, negotiate and market Calculate annual reserve (IBNR) estimates Marketing and Placement Support ■ Prepare request for proposals (RFP) - evaluate potential vendors and develop bid specifications ■ Conduct detailed bid analysis — compare financial and quality responses, review plan designs, evaluate alternative cost and funding alternatives, negotiate performance guarantees CA Revised May 2020 ■ Ongoing ■ Ongoing ■ Annually by end of Q1 ■ Annually by end of Q3 ■ Annually by end of Q3 ■ Annually by end of Q3 ■ Ongoing ■ Monthly ■ Annually by end of Q3 ■ Ongoing ■ Annually by end of Q3 ■ Annually by end of Q3 ■ Annually by end of Q3 ■ Annually by end of Q3 ■ Annually by end of Q3 ■ Ongoing ■ Semiannually by end of Q1 and end of Q3 ■ Annually by end of Q3 ■ Annually by end of Q3 119 FULL SERVICE PLATFORM FREQUENCY Facilitate finalist meetings and analysis; negotiate best and final rates ■ Implementation support: facilitate project plan management, review administrative agreements and contract terms and conditions Vendor Management Annually by end of Q3 ■ Ongoing Manage and regularly evaluate insurance carrier and service providers ■ Conduct utilization review meetings • Support escalated claim or plan design issues Review plan document changes (contracts, policies, SBCs) Health, Well -Being and Productivity Develop well-being strategy (including incentive design) in combination • Ongoing with annual benefit objective setting and strategy discussions Assist in navigating the vendor landscape as it pertains to well-being • Ongoing programs and point solutions Support marketing of vendors ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Provide access to standard communication toolkit including monthly newsletter, annual communications calendar, health educational flyers and pamphlets on relevant health conditions and well-being initiatives Share clinical opinion guides and infographics on common topics such • Ongoing as preventive care, cancer, diabetes, stress, screenings and biometrics Support annual review of program engagement, participation and • Ongoing outcomes reports and provide feedback and recommendations Provide templates for employee and employer surveys and • Ongoing assessments Ongoing Quarterly or as needed Daily (via Benefit Advocates and Account Team) ■ Ongoing • Ongoing • Ongoing Compliance Offer ongoing education through webcasts, podcasts, white papers, • Ongoing and legislative alerts Provided daily Q&A support by designated Alliant compliance • Ongoing consultant on client's group health plan compliance questions, e.g. COBRA, HIPAA, ACA, section 125, etc. Prepare SARs and PCORI fees • Annually by Q4 Provide consolidated annual notices package, including main Federal • Annually by Q4 requirements: Medical Part D, HIPAA privacy, Women's Healthcare Rights Act ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Provide templates documents for compliance including SPDs, • Ongoing Summary Material Modifications, COBRA model notices, customizable HIPAA Privacy and Security policies and procedures ■ Ongoing ThinkHR Human Resources Consulting — access to 200+ online training courses, live HR expert via chat and phone, resource center with tools and templates Communications Facilitate communication strategies for open enrollment and new hires ■ • Assess current materials provided by vendors and developed in-house • CA Revised May 2020 120 Annually by Q4 Ongoing FULL SERVICE PLATFORM FREQUENCY Draft open enrollment materials including announcement letter/email, open enrollment PowerPoint, benefit guides Coordinate vendor materials and supplies to support open enrollment Provide access to library of videos and educational materials ■ ■ Attend and present open enrollment and other requested employee meetings ■ MyBenefits.Life website and mobile application ■ Benefit Advocates Team — assist HR, employees and dependents with ■ questions, claim issues, and appeals ■ Annually by Q4 CA Revised May 2020 Annually by Q4 Ongoing Ongoing Ongoing Ongoing 121 Exhibit B Compensation. Contractor shall receive an annual fee of $52,750, which will be invoiced to the City in the amount of $4,395.83 per month. CA Revised May 2020 122 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Agreement") is entered into by and between City of Tukwila ("Covered Entity"), as administered by City of Tukwila ("Plan Sponsor") and Alliant Insurance Services, Inc., a California corporation ("Business Associate"), as of the date last written below. Each Covered Entity and Business Associate are sometimes referred to herein singularly as "Party" and collectively as "Parties." Business Associate has agreed to perform certain services for or on behalf of Covered Entity that may involve the creation, maintenance, use, transmission or disclosure of protected health information within the meaning of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and its implementing regulations, 45 CFR Parts 160 and 164 ("HIPAA Rules"). This Agreement supplements all other concurrent and future agreements between the Parties that may involve protected health information and compliance with HIPAA. This Agreement is intended to and shall be interpreted to satisfy the requirements for business associate agreements as set forth in the HIPAA Rules as they have been amended, including but not limited to privacy and security amendments of the Affordable Care Act and the Health and Human Services ("HHS") Omnibus Final Rule. Business Associate understands and acknowledges that it is subject to the HIPAA Rules, and that violation of the HIPAA Rules carries significant penalties as described in 45 CFR § 160.404. Business Associate also understands that it is subject to and must comply with the Health Information Technology for Economic and Clinical Health Act ("HITECH") privacy provisions of the American Recovery and Reinvestment Act, as well as with any applicable state privacy laws. WHEREFORE, for valuable consideration, including the mutual promises and benefits as set forth below, the Parties agree as follows: DEFINITIONS General Definitions. The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. 11. Specific Definitions. (A) Business Associate shall generally have the same meaning as the term "business associate" at 45 CFR § 160.103, and in reference to the Party to this Agreement, shall mean Business Associate. (B) Covered Entity shall generally have the same meaning as the term "covered entity" at 45 CFR § 160.103, and in reference to the Party to this Agreement, shall mean Covered Entity. (C) Protected Health Information ("PHI") shall generally have the same meaning as the term "protected health information" at 45 CFR § 160.103, and shall include any individually identifiable information that is created, received, maintained, or transmitted by Business Associate on behalf of Covered Entity that relates to an Individual's past, present, or future physical or mental health, health care, or payment for health care, whether such information is in oral, hard copy, electronic, or any other form or medium. 893236.1 123 124 AGREEMENT I. Recitals Incorporated. The recitals above are expressly incorporated into the terms of this Agreement. II. Relationship of the Parties. Business Associate is, and at all times during this Agreement shall, be acting as an independent contractor to Covered Entity, and not as Covered Entity's agent. Covered Entity shall not have authority to control the method or manner in which Business Associate performs its services on behalf of Covered Entity, provided that Business Associate complies with the terms of this Agreement and the HIPAA Rules. Business Associate shall not have authority to bind Covered Entity to any liability unless expressly authorized by Covered Entity in writing, and Covered Entity shall not be liable for the acts or omissions of Business Associate. Business Associate shall not represent itself as the agent of Covered Entity. Nothing in this Agreement shall be deemed to establish an agency, partnership, joint venture or other relationship except that of independently contracting entities. III. Business Associate Responsibilities. Business Associate agrees to: (A) Fully comply with the HIPAA Rules as they apply to business associates. (B) Not use or disclose PHI except as permitted by this Agreement or as otherwise required by law. (C) Use appropriate safeguards to prevent the use or disclosure of PHI other than as permitted by this Agreement. Business Associate shall comply with the requirements in 45 CFR Part 164, Subpart C applicable to business associates, including the use of administrative, physical and technical safeguards to protect electronic PHI. (D) Within thirty (30) days after discovery, report to Covered Entity any use or disclosure of PHI not permitted by this Agreement, applicable state privacy laws, or the HIPAA Rules of which Business Associate becomes aware, including but not limited to reporting breaches of unsecured PHI as required by 45 CFR § 164.410, reporting security incidents as required by 45 CFR § 164.314(a)(2)(i)(C), and reporting breaches and security incidents of Business Associate's contractors and subcontractors. (E) Fully cooperate with Covered Entity's efforts to promptly investigate, mitigate, and notify third parties of breaches of unsecured PHI or security incidents as required by the HIPAA Rules. (F) Ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree to the same or equivalent restrictions, conditions, and requirements set forth in this Agreement, applicable state privacy laws, HITECH, and the HIPAA Rules applicable to such subcontractors. Without limitation, Business Associate shall ensure that any subcontractors comply with the applicable requirements of 45 C.F.R. Parts 160, 162, and 164. Business Associate shall fulfill this requirement by executing a written agreement with any subcontractors in compliance with the requirements of the HIPAA Rules. (G) Within fifteen (15) days following Covered Entity's request, make available to Covered Entity any PHI in Business Associate's control as necessary to enable Covered Entity to satisfy its obligations to provide an Individual with access to PHI under 45 CFR § 164.524. (H) Within fifteen (15) days following Covered Entity's request, make available to Covered Entity any PHI for amendment and incorporate any amendments to PHI as necessary to enable Covered Entity to satisfy its obligations under 45 CFR § 164.526. (I) Maintain information concerning Business Associate's or subcontractors' disclosures of PHI as required by 45 CFR § 164.528(a) -(b) and, within fifteen (15) days following Covered Entity's request, make such information available to Covered Entity as necessary to enable Covered Entity to render an accounting of disclosures pursuant to 45 CFR § 164.528. hAlliant Business Associate Agreement Page 2 of 6 (J) To the extent Business Associate is to carry out Covered Entity's obligations under 45 CFR Part 164, Subpart E, comply with the requirements of Subpart E that apply to Covered Entity in the performance of such obligations. (K) Make Business Associate's internal practices, books, and records relating to the use and disclosure of Protected Heath Information received from, or created or received by, Business Associate on behalf of Covered Entity, available to the Secretary for purposes of determining Covered Entity's compliance with the HIPAA Rules. IV. Uses and Disclosures by Business Associate. (A) Permissible Uses and Disclosures. Business Associate may use or disclose PHI only as follows: (1) As necessary to perform the services set forth in the Service Agreement. (2) To de -identify PHI in accordance with 45 CFR § 164.514(a) -(c). (3) As required by law. (4) For the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that any disclosures for these purposes (a) are required by law, or (b)(i) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and (b)(ii) the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. (5) To provide data aggregation services relating to the health care operations of Covered Entity as defined in 45 CFR § 164.501. (B) Impermissible Uses or Disclosures. Business Associate may not use or disclose PHI in a manner that would violate 45 CFR Part 164, Subpart E, if done by Covered Entity except for the specific uses and disclosures set forth in Sections IV(A)(1)-(5), if applicable. (C) Minimum Necessary. Business Associate agrees to use or disclose the minimum amount of PHI necessary for a permitted purpose pursuant to this Section IV, Covered Entity's policies and procedures, and 45 CFR § 164.502(b). V. Obligations and Duties of Covered Entity. (A) Notice of Privacy Practices. Covered Entity shall notify Business Associate of any limitation(s) in its notice of privacy practices in accordance with 45 C.F.R. § 164.520, to the extent that such limitation(s), if any, may affect Business Associate's use or disclosure of PHI. Covered Entity may satisfy this requirement by providing Business Associate with the notice of privacy practices that it delivers in accordance with 45 C.F.R. § 164.520, as well as any changes to such notice. (B) Notice of Individual Permission. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect Business Associate's use or disclosure of PHI. (C) Notice of Other Restrictions. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI. (D) Impermissible Requests. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy Rule if hAlliant Business Associate Agreement Page 3 of 6 125 126 done by Covered Entity. VI. Term and Termination. Unless otherwise agreed in writing by the Parties, this Agreement shall be effective as of the date executed by the Parties and shall continue until terminated as provided below. (A) Termination. This Agreement shall terminate on the date on which a broker other than Business Associate is designated as the "broker of record" for the Covered Entity. In addition, this Agreement may be terminated earlier as follows: (1) Covered Entity may terminate this Agreement without cause upon sixty (60) days' prior written notice to Business Associate. (2) Covered Entity may terminate this Agreement upon thirty (30) days' prior notice if Covered Entity determines that Business Associate or any subcontractor has violated the HIPAA Rules, a material term of this Agreement, or otherwise engaged in conduct that may compromise the PHI. Subject to Section VI(A)(3), Business Associate shall have the opportunity to cure the breach or violation within the 30 -day notice period. If Business Associate fails to cure the breach or violation within the 30 -day notice period, Covered Entity may immediately terminate this Agreement. (3) Notwithstanding Section VI(A)(2), Covered Entity may terminate this Agreement immediately if Business Associate or any subcontractor engages in any conduct that Covered Entity reasonably believes may result in adverse action against Covered Entity by any governmental agency or third party. (B) Obligations of Business Associate Upon Termination. Upon termination of this Agreement for any reason, Business Associate shall with respect to PHI received from Covered Entity, or created, maintained, used, or received by Business Associate on behalf of Covered Entity: (1) If feasible, return all PHI to Covered Entity or, if Covered Entity agrees, destroy such PHI. (2) If the return or destruction of PHI is not feasible, continue to extend the protections of this Agreement and the HIPAA Rules to such information, and not use or further disclose the information in a manner that is not permitted by this Agreement or the HIPAA Rules, and Business Associate will notify the Covered Entity of the retained information in writing. The notification shall include: (a) a statement that the Business Associate has determined that it is infeasible to return or destroy the PHI in its possession; and (b) the specific reasons for such determination. Business Associate further agrees to extend any and all protections, limitations and restrictions contained in this Agreement to the Business Associate's use and/or disclosure of any PHI retained after the termination of this Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. If it is infeasible for the Business Associate to obtain from employees, contractors, subcontractors, or agents any PHI in their possession, the Business Associate must provide a written explanation to Covered Entity and require the employees, contractors, subcontractors, or agents to agree to extend any and all protections, limitations, and restrictions contained in this Agreement to their use and/or disclosure of any PHI retained after the termination of the Agreement, and to limit any further uses and/or disclosures to the purposes that make the return or destruction of the PHI infeasible. (C) Survival. Business Associate's obligations under Section VI shall survive termination of this Agreement. VII. Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended. VIII. Amendment. The Parties agree to take such action as is necessary to amend this Agreement hAlliant Business Associate Agreement Page 4 of 6 from time to time to comply with the requirements of the HIPAA Rules and any other applicable laws. This Agreement may be amended, modified, or added to only be written instrument properly signed by both parties. IX. Governing Law. This Agreement shall be construed to comply with the requirements of the HIPAA Rules, and any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules. All other aspects of this Agreement shall be governed under the laws of Washington and all actions shall be venued in the state or district courts of Washington. X. Assignment/Subcontracting. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective legal representatives, successors, and assigns. Business Associate may assign or subcontract rights or obligations under this Agreement to subcontractors or third parties without the express written consent of Covered Entity provided that Business Associate complies with Section III(F), above. Covered Entity may assign its rights and obligations under this Agreement to any successor or affiliated entity. XI. Cooperation. The Parties agree to cooperate with each other's efforts to comply with the requirements of the HIPAA Rules and other applicable laws; to assist each other in responding to and mitigating the effects of any breach of PHI in violation of the HIPAA Rules or this Agreement; and to assist the other Party in responding to any investigation, complaint, or action by any government agency or third party relating to the performance of this Agreement. In addition to any other cooperation reasonably requested by Covered Entity, Business Associate shall make its officers, members, employees, and agents available without charge for interview or testimony. XII. Notice. All notices, requests, and other communications given under this BAA, shall be in writing and deemed duly given: (A) when delivered personally to the recipient; (B) one (1) business day after being sent to the recipient by reputable overnight courier service (charges prepaid); or (C) five (5) business days after being sent by U.S. certified mail (charges prepaid). Except as otherwise provided herein, all notices requests or communications under this BAA shall be addressed as follows: If to Covered Entity: If to Business Associate: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: Rachel Bianchi Alliant Insurance Services, Inc. 1420 5th Avenue, Suite 1500 Seattle, WA 98101 Attn: Julie Forinash With a copy to: General Counsel 701 B Street, 6th Floor San Diego, CA 92101 XIII. No Third Party Beneficiaries. Nothing in this Agreement is intended to nor shall it confer any rights on any other persons except Covered Entity and Business Associate and their respective successors and assigns. XIV. Insurance. Unless waived in writing by Covered Entity, Business Associate shall obtain and maintain insurance or equivalent programs of self-insurance with appropriate limits sufficient to cover costs, losses and damages that may arise from Business Associate's breach of this Agreement or any unauthorized use or disclosure of PHI by Business Associate. Upon Covered Entity's request, Business Associate shall provide proof of such insurance to Covered Entity. XV. Indemnification. Business Associate agrees to defend, indemnify, and hold harmless Covered Entity and Covered Entity's officers, members, employees and agents from and against any and all claims, fines, penalties, liabilities, demands, damages, losses, costs, expenses (including without limitation costs, reasonable attorneys' fees, fines, penalties, and assessments) resulting from Business Associate's breach of this Agreement, or any acts or omissions of Business Associate or Business Associate's officers, members, employees, agents, or subcontractors hAlliant Business Associate Agreement Page 5 of 6 127 128 arising out of or related to the use or disclosure of PHI or violation of the HIPAA Rules, HITECH, or any other state or federal laws governing information privacy. Likewise, Covered Entity agrees to defend, indemnify, and hold harmless Business Associate and Business Associate's officers, members, employees and agents from and against any and all claims, fines, penalties, liabilities, demands, damages, losses, costs, expenses (including without limitation costs, reasonable attorneys' fees, fines, penalties, and assessments) resulting from Covered Entity's breach of this Agreement, or any acts or omissions of Covered Entity or Covered Entity's officers, members, employees, agents, or subcontractors arising out of or related to the use or disclosure of PHI or violation of the HIPAA Rules, HITECH, or any other state or federal laws governing information privacy. The provisions of this section shall survive the expiration or termination of this Agreement. XVI. Entire Agreement. This Agreement contains the entire agreement between the Parties as it relates to the use or disclosure of PHI, and supersedes all prior discussions, negotiations and services relating to the same to the extent such other prior communications are inconsistent with this Agreement. COVERED ENTITY BUSINESS ASSOCIATE By By Print: Print: Title: Title: Date: Date: , 4lliant Business Associate Agreement Page 6 of 6 COUNCIL AGENDA SYNOPSIS 110 Initials ITEM NO. '" Meeting Date Prepared by Mayor's review Council review villipiliN cif 6/27/22 JB 4. D. & Spec 3.J. ITEM INFORMATION STAFF SPONSOR: ERIC D REVE R ORIGINAL AGENDA DATE: 6/27/22 AGENDA ITEM TITLE A grant agreement for the COPS Hiring Program in the amount of $125,000.00 CATEGORY 0 Mtg Discussion Date 6/27/22 0 Motion Mtg Date 6/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R 11 Police ❑ PIF SPONSOR'S The Police Department has been awarded a three-year Federal Grant with a total award SUALV RY amount of $125,000 to hire a new officer and then assign a veteran officer to the position of Community Liaison Officer. The grant will cover a portion of the newly hired officer's salary and benefits while the City will contribute the balance. Council is being asked to consider and approve the Department's acceptance of this grant and authorize the Mayor to sign the official award acceptance letter. REVIEWED BY ❑ Trans&Infrastructure Svcs 11 ❑ LTAC ❑ DATE: 06-27-2022 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONsoR/AD\HN. Police Department COMM IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $92,842/yr $0 $92,842/yr Fund Source: GENERAL FUND Comments: Additional budget for the $92,842/yr will be requested during the Biennial Budget process. MTG. DATE RECORD OF COUNCIL ACTION 6/27/22 MTG. DATE ATTACHMENTS 6/27/22 Informational Memorandum dated 6/21/22 Award Acceptance Letter 129 130 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Eric Dreyer, Chief of Police BY: Jake Berry, Public Safety Budget Analyst CC: Mayor Ekberg DATE: June 27th, 2022 SUBJECT: COPS Hiring Grant —Acceptance Requested ISSUE Pursuant to City policy, the Police Department is asking that Council approve the Mayor to accept the awarded COPS Hiring Grant in the amount of $125,000 BACKGROUND On June 21St, 2021 the Police Department received approval from the Community Services & Safety Committee to apply for the COPS Hiring Grant. The Department was since awarded this grant and is now seeking approval for its acceptance. DISCUSSION City policy requires Departments seeking a grant with a local match to gain approval from Committee to apply for the grant and, once the grant has been awarded, to also seek approval before formally accepting the grant. If accepted, the COPS Hiring Grant will reimburse the Department for up to $125,000 (total) of a newly hired Officer's salary and benefits over three years. As a reminder, the COPS Hiring Grant program provides funding directly to law enforcement agencies to hire and/or rehire career law enforcement officers to increase community policing capacity and crime prevention efforts. The program's goal is to further engagement in planned community partnerships, implementation of projects to analyze and assess problems, implementation of changes to personnel and agency management in support of community policing, and to increase capacity of an agency to engage in community policing activities. This goal is well - aligned with the mission of the Police Department's Community Liaison Officer (CLO). If provided with approval for acceptance, the Police Department will, when able, assign a veteran officer to the role of CLO and then hire a new officer to backfill that officer's position. FINANCIAL IMPACT The 2022 estimated Salary and Benefits for a newly -hired Officer is $134,509. The COPS Hiring Grant will reimburse the Department for $41,667 (maximum of $125,000 over the three- year term of the grant). The Police Department will seek additional budget for the remaining $92,842/yr during the 2023/24 Biennial Budget process. The Salary/Benefits costs provided are in 2022 figures and will be adjusted for 2023/24 during the budgeting process. RECOMMENDATION Staff is seeking Council approval of the grant award and is asking the Committee for a recommendation to forward to the Committee of the Whole on June 27, 2022. Note: Because formal acceptance of the grant must be completed on June 281h, 2022 this request is being presented to Committee and Council on the same evening. ATTACHMENTS Award Acceptance Letter 131 132 FY 2021 COPS Hiring Program (CHP) Declaration and Certification to the U.S.Department of Justice as to Acceptance By checking the declaration and certification box 1-- A to the US. Department of Justice (DOR under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the followingto DOJ, under penalty of perjury, on behalf of myself and the applicant (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Authorized Representatives Acceptance o f Award Eric Dreyer Law Enforcement Executive/Program Official Printed Name Chief of Police Law Enforcement Executive/Program Official Law E Signature cement Executive/Program Official Date Allan Ekberg Governm ent Executive/Financial Official Printed Name City of Tukwila Mayor Governm ent Executive/Financial Official Title Government Executive/Financial Official Signature Date 133 134 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 6/6/22 LH 6/27/22 LH ITEM INFORMATION ITEM NO. 4.E. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 6/6/22 AGENDA ITEM TITLE Future of Fire/EMS Services CATEGORY ® Discussion Mtg Date 6/6/22 Motion Mtg Date Resolution Mtg Date ❑ Ordinance Mtg Date U Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ® Council ® Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ® Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S SUM IARY Discussion on next steps for the City Council decision-making process on the Future of Fire/EMS Community Advisory Committee's recommendation. After the June 6 discussion, the City Council convened a work session on June 13 and the attachments have been updated. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT IEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/6/22 6/27/22 MTG. DATE ATTACHMENTS 6/6/22 Informational Memo dated 5/31/22 6/27/22 Informational Memo (updated 6/17/22) Council Q&A Log and attachments 135 136 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Laurel Humphrey, Legislative Analyst DATE: May 31, 2022 (Updated June 17, 2022) SUBJECT: Future of Fire/EMS Services City Council Decision Process ISSUE Next steps for the City Council's decision-making process on the recommendation of the Future of Fire/EMS Services Community Advisory Committee. BACKGROUND On May 23, 2022, the Chair and Vice -Chair of the Future of Fire/EMS Services Community Advisory Committee delivered its final recommendation to the City Council. The Committee convened a rigorous six-month process in which they explored nine different options for Fire/EMS service delivery. Options 1-9 • The Staff Team identified these as potentially workable options Option <1: Status Quo Option 2: Status Quo "plus" - Funding for enhanced services: Option 3: Create a Tukwila Fire District, funded solely by property taxes (no Fire Benefit Charge) Option 4: Create a Tukwila Fire District, funded by both property taxes and a Fire Benefit Charge Option 5: Partner with another fire service provider to create a Tukwila Regional Fire Authority—with a Fire Benefit Charge Option 6: Contract for Service with Renton Regional Fire Authority (RRFA) Option 7: Contract for Service with Puget Sound Regional Fire Authority (PSRFA Option 8: Annexation into Renton RFA, after contract Option 9: Annex into PSRFA, after contract The Committee evaluated all options in terms of how well each addressed its criteria, particularly Cost, Service Quality and Funding Sustainability. At the conclusion of this review, the Committee's recommendation (supported by 11 of 12 members) is for the City to begin work as soon as possible to negotiate a service contract with Puget Sound Regional Fire Authority (PSRFA) as a bridge to near-term annexation. 137 INFORMATIONAL MEMO Page 2 Pros and Cons of this approach were shared by the Committee as follows: PROS CONS Immediate service enhancements at a lower cost than the City could provide due to economies of scale (CARES unit, enhanced fire marshal services, public education) City determines service levels but loses cost control Necessary step toward ultimate Committee preference of annexation Cost is slightly more than status quo, but includes enhanced services IAFF Local 2088 preference City will only have a nonvoting seat on the PSRFA Board Response times unchanged City will not have benefit of Fire Benefit Charge Secures benefits of regionalization Difficult to reinstate municipal fire service if needed Annexation is the Committee's ultimate preference. Reasons stated included the City having a voting presence on the Board, the cost of fire service shifting off the City's budget, voters having a more direct voice in how fire service is funded, and further efficiencies associated with regionalization of fire/EMS. The Committee recognized that annexation is not a guaranteed outcome of a short-term service contract. The full text of the report as well as all background material associated with the Committee can be found here: j taps://www.. ulkwiil.a.w..gov/departmentsLtm...y©rs::©: iice./key.-cfty.-plans•- a n.d..:::.p..jects/future..-of..-fiire..-ems..-serviices/ PSRFA is interested in engaging with the City on this but has requested a very specific and short timeline, seeking City Council direction by July 15 and a contract negotiated by September 1 and effective January 1, 2023. If a decision is not reached, PSRFA has indicated they are not open to a contract starting mid -year and will set aside further discussions with the City of Tukwila for an indeterminate time. DISCUSSION This discussion has been scheduled to recap the Committee's recommendation with the benefit of all Councilmembers being present and identify a tentative schedule for next steps. Staff is seeking City Council input on information and resource needs to assist in decision- making. Atentative schedule is as follows: 5/23/22 Committee Report Delivered 6/6/22 Recap of report, discussion on next steps June TBD Work Session June TBD Work Session (if needed) 6/27/22 COW Discussion 7/11/22 COW Discussion/Consensus 138 INFORMATIONAL MEMO Page 3 As is the practice with other significant and ongoing policy discussions of the Council, staff will maintain a question -and -answer log to track and ensure follow-up as well as enhance transparency of the discussions for the public. This document will be updated following each discussion on the topic. Councilmembers are also invited to email questions to be added to the document at any time. June 17, 2022 Update The City Council convened a work session on June 13, 2022 to meet with Puget Sound Regional Fire Authority Chief Morris and ask questions about a potential partnership. The Council Question &Answer Log has been updated to include information about the Center for Public Safety Management Report's recommendations as well as additional detail regarding a fire benefit charge. Staff is seeking continued Council discussion at the June 27, 2022 Committee of the Whole meeting and a potential consensus decision provided at the July 11, 2022 Committee of the Whole. ATTACHMENTS Updated Council Question &Answer Log 139 140 Future of Fire/EMS Services Council Question Follow -Up & Parking Lot JaMMMUMM mettmtettmetettmtwattmettattmtmtmettffettmemettattjam 1. 5/23/22 Sharp There was a Safety Bond that was in process for 79 million, there was talk if there was an overage. What was the final cost of relating to the bond? There is not an overage associated with the Public Safety Bond. Voters approved $79M, and the city did not have authority to spend beyond that. One fire station was removed from the total plan due to the increased costs in the construction market during that timeframe. The bond itself was contained to $79 million. What changed was what the City was able to construct within the constraint of $79 million. 2. 5/23/22 Sharp Are there details on what the bond spent it money on, can a breakdown be had for citizens to review? All information related to the bond is part of the public record and available to the community. Additional financial detail can be found in this December 9, 2019 memo to the Finance Committee. In addition, the City Council appointed an independent Financial Oversight Committee, and more information can be found at its webpage. 3. 5/23/22 Sharp What is the timeframe as far making the final decision on the process? What is in this process as to why the timeline is short? PSRFA has asked for a decision by July 1, 2022, to allow time for their implementation process. The PSRFA Fire Chief did say a grace period to July 15, 2022, would still work if needed. 4. 5/23/22 Sharp How many positions would need if the contract for service is adopted? Where are the positions allocated? The contract would affect all positions in Fire, including represented and non -represented. 5. 5/23/22 Sharp When will the Chief of Fire need to resign from their position if this transition takes place in July? 6. 5/23/22 Sharp What happens to the Deputy Chief, will they also be asked to resign or be offered a position within Tukwila Fire? The July date refers to a Council decision point, not when a transition would occur. Final disposition of all positions will be determined during the contract negotiation process. Final disposition of all positions will be determined during the contract negotiation process. 7. 5/23/22 Sharp Will there be any support positions that the City of Tukwila will lose, like mechanics? Final disposition of all positions will be determined during the contract negotiation process. 8. 5/23/22 Sharp Who will own the Tukwila Fire's assets, like the stations, fire -fighting equipment, and vehicles? Based on other contracts, equipment has been transferred to the RFA and stations have been retained by the city or agency. Final disposition of Updated 6/21/22 assets will be determined during the contract negotiation process; Council direction required here. 9. 5/23/22 Sharp 10. 5/23/22 Sharp Specifically, the equipment that has yet to be fully paid, who pays those items off? The City of Tukwila will retain the debt from the Public Safety Bond. The servicing of the Public Safety Bond funds used to build the new stations will still be the responsibility of the City of Tukwila. The equipment and apparatus discussed above has been paid. Final disposition of assets will be determined during the contract negotiation process. Who is responsible to replace those items, trucks, and equipment? This will be largely dependent on whether we annex to the PSRFA or are still under contract and subject to contract negotiations. 11. 5/23/22 Sharp Pensions and retirement for firefighter personnel, is that paid by the new authority completely? Pension and retirement is through the state LEOFF 2 system. The retired LEOFF 1 fire fighters will continue to be the responsibility of the City of Tukwila. 12. 5/23/22 Sharp Who will be responsible to service the vehicles for repair? Depending on contract negotiations, if the vehicles transfer, all maintenance and/or replacement could be the responsibility of the PSRFA. Alternatively, the City may choose to retain that service. 13. 5/23/22 Sharp Will the addition of fire stations be required and if so, is it replacement of an existing station or will they be stand alone built stations? How many? No additional fire stations are required. 14. 5/23/22 Sharp What will happen to the budget dollars that was allocated to fire, will They will be used to pay for the contract for services with the RFA. that line item go away? 15. 5/23/22 Sharp The cost for service, will this be separate line item, or will it just show up Under the contracting model, funds for fire service will continue to come blended into a citizen's taxes? from the City's general fund and will not be a separate assessment to taxpayers. 16. 6/6/22 Hougardy, Kruller Why can't we proceed immediately into an annexation process? Why PSRFA Chief Morris will be available to answer this question. does the RFA require a contract first? 17. 6/6/22 Hougardy Do we have recourse if the contract goes long? Ultimately that will depend on the contract negotiations. The current contracts for services that the PSRFA has provide a minimum of five years for contracting and a two-year notification for voluntary termination of the contract. Updated 6/21/22 18. 6/6/22 Hougardy The City has no seat at the table with a contract. Where is the assurance that this will not be a problem? Current PSRFA contracts provide one ad hoc nonvoting member. This will need to be resolved in contract negotiations. Chief Morris will be available to address this question. 19. 6/22 Kruller What is the cost variance between status quo, contract, and annexation? See Attachment 2, Cost Comparison of Options (presented at 5/3/22 CAC Meeting) 20. 6/6/22 Kruller, McLeod How would the recommendations from the CPSM Operational and Administrative Analysis be addressed via contract or annexation? See Attachment 7, Update on CPSM Report Recommendations 21. 6/6/22 Kruller How do I know that CARES and Fire Marshal enhanced services will be included when I have heard at other times that will not be the case? These will be addressed via the contract negotiations. 22. 6/6/22 Kruller What are the offramps with the contract? This will need to be resolved in contract negotiations. The current contracts for services that the PSRFA has require a minimum of two - years notice for voluntary termination of the contract. 23. 6/6/22 Kruller What triggers an annexation vote by the public and what does not? As it relates to a contract, this will need to be negotiated. Ultimately, both the governing board of the RFA and the City Council would need to act to put annexation out to a public vote. 24. 6/6/22 Kruller What are the top 3 reasons IAFF 2088 favors a contract? IAFF Local 2088 President Booth will be available to answer this question. 25. 6/6/22 McLeod What do we get back if we do not progress from a contract to annexation? This will depend on contract negotiations. 26. 6/6/22 McLeod What are the mechanics/roles associated with contract negotiations? Staff is looking for direction from the City Council on the best way to engage in contract negotiations and key terms assuming that the Council wants to move forward. 27. 6/7/22 McLeod Why did the Committee recommend PSRFA over Renton? See Attachment 3, CAC Survey Results 28. 6/13/22 Quinn Have the structural issues in the Fire Department budget been resolved, and if not, reiterate the ongoing budget challenge of funding basic services in a growing city over time. 29. 6/13/22 McLeod Provide examples of how fire benefit charge would impact Tukwila properties. The Community Advisory Committee discussed this challenge from the very first meeting. The meeting packet includes a good summary of both the Fire Department's budget as well as the General Fund budget and associated structural challenge. See Attachment 8, Examples of Regional Fire Authority Levy plus Fire Benefit Charge vs Tukwila Levy for Fire Services Updated 6/21/22 FN 1 FN 2 FN 3 FN 3a FN 9 Comparable Expenses Option 1 Status Quo Option 2 Status Quo Plus Enhancements Attachment A All Figures for Year 2022 and all are ESTIMATES C mparing Options 1 - Option 3 Tukwila Fire District w/Property Taxes Option 4 Tukwila Fire District w/Property Taxes & FBC 9 Option 5 Partner w/another Fire Provider to Create Tukwila RFA w/FBC Option 6 Contract for Service w/Renton Regional Fire Authority (RRFA) Option 7 Contract for Service w/Puget Sound Regional Fire Authority (PSRFA) Option 8 Annexation into Renton RFA Option 9 Annexation into Puget Sound RFA FTE Count1 Wages & Benefits 2 Admin Overhead Facilities/Capital Reserves/Overhead3 Other O&M3a Other Reserves9 65 $12,474,164 $ 67,103 $113,077 $1,563,820 $0 68 $12,999,008 $ 67,103 $113,077 $1,784,861 $0 75 $13,665,337 $422,553 $113,077 $2,087,460 $1,590,000 75 $13,665,337 $422,553 $113,077 $2,087,460 $1,590,000 75 $13,665,337 $422,553 $113,077 $2,087,460 $1,590,000 52 $9,462,749 $4,249,099 $850,409 $0 $0 52 $10,474,671 $2,886,778 $621,468 $265,980 $ 650,000 0 $0 $0 $0 $0 $0 0 $0 $0 $0 $0 $0 SUBTOTAL $14,218,164 $14,964,049 FN 3b Retained Costs (Items City will Continue to be Responsible for)36 $17,878,427 $17,878,427 $17,878,427 $14,562,257 $14,898,896 $14,419,396 $14,196,240 Debt Service on FS 51,52 FN 4 Debt Service on FS 53,544 FN 4a FMO Contract Cost4a LEOFF 1 FN 5 $1,870,128 $0 $O $261,000 $1,870,128 $0 $O $261,000 $1,870,128 $0 $900,000 $261,000 $1,870,128 $0 $900,000 $261,000 $1,870,128 $0 $900,000 $261,000 $1,870,128 $0 $0 $ 261,000 $1,870,128 $0 $0 $261,000 $1,870,128 $0 $610,937 $ 261,000 $1,870,128 $0 $840,377 $261,000 TOTAL City -Retained Costs $2,131,128 $2,131,128 $3,031,128 $3,031,128 $3,031,128 $2,131,128 $2,131,128 $2,742,065 $2,971,505 Estimated Cost of Fire Depth Est Cost w/Enhanced Services One -Time Startup Costs Offsetting Revenues $16,349,292 N/A $17,095,177 $17,095,177 $20,909,555 $21, 655,440 $1,000,000 $20,909,555 $21, 655,440 $1,000,000 $20,909,555 $21, 655,440 $1,000,000 $16,693,385 Included $17,030,024 Included $17,161,461 Included $17,167,745 Included General Fund FN7 Revenue/Property Tax Equivalent7 RFA/District Taxing Authority Fire Benefit Charge Excess Levy Debt Service on FS51/52 FNS LEOFF 18 FN6 FMO Revenue6 Fees for Service/Ambulance Fee Policy CARES Funding EMS Levy FN 5 Estimated Revenues5 FN 10 Add't Reserves for RFA10 $13,390,964 $13,733,505 $5,583,105 $827,200 $827,200 $13,331,713 $13,668,352 $308,393 $537,833 $0 $0 $12,047,859 $8,031,906 $8,031,906 $0 $0 $7,228,715 $7,228,715 $0 $0 $0 $9,092,121 $9,092,121 $0 $0 $6,579,744 $6,127,147 $0 $0 $320,263 $0 $0 $0 $0 $0 $0 $1,870,128 $1,870,128 $1,870,128 $1,870,128 $1,870,128 $1,870,128 $1,870,128 $1,870,128 $1,870,128 $261,000 $261,000 $261,000 $261,000 $261,000 $261,000 $261,000 $261,000 $261,000 $302,544 $605,088 $302,544 $302,544 $302,544 $605,088 $605,088 $605,088 $605,088 $24,000 $24,000 $24,000 $24,000 $24,000 $24,000 $24,000 $24,000 $24,000 $0 $100,800 $0 $0 $0 $100,800 $100,800 $100,800 $100,800 $500,656 $500,656 $500,656 $500,656 $500,656 $500,656 $500,656 $500,656 $500,656 $16,349,292 $17,095,177 $20,909,555 $20,909,555 $20,909,555 $16,693,385 $17,030,024 $17,478,524 $17,255,368 $0 $0 $0 $0 $0 $0 $0 $317,063 $87,623 Attachment A Notes: (1) FTEs differ depending on the option. Option 1 shows current Tukwila FD staffing. Option 2 assumes 2 FTE added for the Fire Marshal Office and also includes 1 FTE for Public Education. Options 3-5 remove the 3 FTE for enhanced services but add 10 FTE for the administrative staffing needed to support a stand alone agency. Contract Options 6 & 7 show 52 FTE: this is the number that the contract cost is based on; the contracting agencies would absorb all additional Tukwila fire staff and the city would pay for them through a share of other costs (overhead, etc.). In Options 8 & 9, all FTE are part of a larger agency already after the initial contracting phase. (2) Wages & Benefits. Option 2 data includes wages and benefits for the enhanced services FTEs. Employee costs are updated from the financial plan to assume Fire Marshal office staff are uniformed position, rather than civilian, and reflect an assumption that CARES unit will be contracted from an agency that now has a CARES unit. (3) Reserves/Overhead: Reserves shown are only those funded in the current city budget, not all the reserves in the financial plan. In Options 6 & 7, reserves are increased to reflect the contract bids which both would require the City contribute to various reserve funds as part of the contract cost. (3a) Other O&M. O&M is adjusted to reflect vehicles and equipment needs of additional staff. (3b) Retained Costs differ by option, in that the City must contract for Fire Marshal Office services under Options 3, 4, 5, 8, and 9. Taxpayers will support this cost through their City Taxes. (4) Retained Costs: No cost is included for remodeling of Stations 53 and 54. (4a) FMO Contract Cost in Options 3-5 reflect the current FMO costs of the City Fire Dept. Accordingly, these costs were removed from Comparable Expenses for these options W/B as well as Admin OH. In Options 6 and 7, the costs are included in the contract fee. In Options 8 & 9, the costs are pulled from the contract bids. (5) Estimated Total Costs and Total Revenues do not include one time start-up costs of approximately $1mm (likely more, depending on structure). (6) FMO Revenue. Additional revenue can be expected from enhancement of the FMO. Under Option 2, adding the two FTE is assumed to increase FMO revenue by $300k. This higher amount of total FMO revenue is included in Options 6, 7, 8, and 9. (7) Assessed Value for Tukwila is assumed to be $8,031,906,000 (8) LEOFF 1 is a retained City cost under all options and will be funded through general city revenues. (9) Other Reserves includes $1.09mm in reserves plus a $5mm loan from City to be repaid over 10 years to fund working capital and cash flow needs. (10) Additional Reserves for RFA. These additional amounts reflect the fact that, as a part of a much larger agency, the expenses and revenues allocable to, or coming from Tukwila, don't necessarily line up exactly from year to year. Fire/EMS Community Advisory Committee Options Rating Surve! Option 1: Status Quo Number of responses: 10 IF 6 4 0 4 2 2 1 5 22 11 7 1 6 2 11 00 5 3 2 0 00 4 3 111 11 1 0 7 2 0 1 4 5 = very positive ill 2 = somewhat negative 4 = somewhat positive 1 = very negative 3 = neither positive or negative 0 - Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses: 7 Text answers: Doesn't seem feasible or efficient. The City needs to prioritize the Fire Department and give it the resources it needs for it to be effective. It seems untenable that other departments and projects have been given budget far in excess of what has been allocated to the Fire Department and that important services such as fire inspections have been discontinued. I believe the fire fighters are not happy and would prefer leaving the City because funding of their services had not been made a priority. Additionally, they would receive better pay and benefits at PSRFA. Regarding funding sustainabiliy, the city seems to have a lot of money - revenues are back to pre -pandemic levels (as reported), an additional $40M is scheduled to be spent on the PW shops (original budget of $30M, new budget of — $80M), a new multi-million dollar teen/senior center is proposed, additional staff are being added to other departments. While the Status Quo option maintains the type and quality of service we have now, it does not provide fiscal sustainability for the city's budget (unless it is found that one fire station is not needed) or enhanced services for the city's population. It is very clear that this needs to change and perhaps different management would provide better oversight on the budget. 147 Financial sustainability and ability to meet the needs of a diverse community is of concern with this option. This options provides better local control at a very high total dollars cost --especially if enhanced services are added. A bigger pool of resources would assist with the diverse needs of the community. With time, ability of meeting needs of businesses will be affected without financial sustainability. There will be a negative impact on labor force recruitment and retention. The one goal all fire departments share is the desire to offer their community the highest quality services possible. Overall control over operational and financial services should be made by the most knowledgeable and experienced professionals in the fire services. This is not meant to criticize, just state facts. Since continually listening to council meetings for a couple years it is obvious to me that the council has their hands full. Much more so as the years have gone by. Very complicated and huge issues on their plates. It is also obvious to me that even council members with years on the council don't have a full understanding of the fire department. How could they with all that they have to deal with now. Operational and financial decisions should be made by the professionals most knowledgeable and experienced in the fire service. Quality of services and response times ( which are good) would possibly be affected negatively without financial sustainability in the projected years to come. We need all the enhanced services and this option does not do anything to attain that. Remaining in the status quo does not solve financial sustainability issues in the future. Totally against this option. This option is simply not sustainable. I have heard some creative options on how to keep the fire department a float and wonder why these options were not previously even suggested or explored which tells me that they are not feasible. Option 2: Status Quo "Plus" - funding for enhanced services Number of responses: 9 4 IF 4 3 2 0 00 5 2 2 0 00 33 2 1 IIII 0 11 6 1 4 3 11 1 00 5 2 1 1 00 4 2 2 1101 0 0 1 0 2 6 111 1 33 5 = very positive 2 = somewhat negative 148 ° 4 = somewhat positive 1 = very negative 3 = neither positive or negative �� 0 - Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses: 5 Text answers: The Enhanced Services add ons would provide more of the specific services the city needs but the lack of fiscal sustainability is still a huge reason not to favor this option (unless it is found that one fire station is not needed). Left with the city continuing to manage this I'm concerned the same fiscal forecast will resurface and voters will be back to square one. And yet the positive aspect of this system of oversight makes the council very accountable to Tukwila voters but only if the voters are made aware of it and current councils do not kick the issue down the road. Ability to meet the needs of a diverse community is still a concern even with the addition of enhancement services. This option is slightly better than Option 1 but at an even higher, unsustainable cost. A bigger pool of resources would assist with the diverse needs of the community. With time, ability of meeting needs of businesses will be affected. There will be a negative impact on labor force recruitment and retention. The one goal all fire departments share is the desire to offer their community the highest quality services possible. Enhanced services would cost us more and we basically cannot afford it. The community would not receive ALL of these enhanced services as well. Overall control over operational and financial services should be made by the most knowledgeable and experienced personnel in the fire services. Quality of services and response times ( which are good) would possibly be affected negatively without financial sustainability in the projected years to come. Accountability and measuring outcomes would possibly deteriorate in the years to come. Overall control over operational and financial services should be made by the most knowledgeable and experienced professionals in the fire services. Remaining in the status quo does not solve financial sustainability issues in the future nor does paying additional monies for enhanced services. Again, I fear that if we try to do the enhanced services ourselves, we will be in worse shape than we were with just status quo. Why reinvent the wheel. 149 Option 3: Create a Tukwila Fire District, funded solely by property taxes (no Fire Benefit Charge) Number of responses: 9 6 4 IF 2 3 3 3 2 11 0 1 0 00 22 5 00 4 3 2 33 3 22� 11 33 0 00 4 3 2 00 4 4 5 = very positive 2 = somewhat negative w6° 4 = somewhat positive 1 = very negative 3 = neither positive or negative 0 - Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses: 6 Text answers: How much more can we ask the public to fund from property taxes? Not feasible. I don't fully understand this option but what I think I heard in the meetings is that this option wouldn't produce sufficient revenue to sustain the fire service. Option 3 doesn't improve the quality or type of service provided by the fire department, as the enhanced services are not included, and could even cause a decline (unless it is found that one fire station is not needed). It simply costs too much (even without the enhanced services) and is not fiscally sustainable. It also maintains a reduced share of the costs for properties at greater risk of needing fire services. I think this is a bad time for the government to ask more of taxpayers. And it seems that there has to be some unnecessary overhead costs involved in going back to the voters year after year asking them to secure funding for a very basic government service. This option still doesn't fully address the ability to meet the needs of a diverse community. Sustainability of funding depends heavily on property tax and overtime, the cost would still overrun the revenue from property tax + city revenue. 150 This option is slightly better than Opt's 1 & 2 but is only sustainable from a cost standpoint if citizens vote for property tax lid lifts for fire/public safety. Also, it cost significantly more and still leaves the cost equally shared between residential, multi -family, and business while the cost generations are not equal. Meeting needs of diverse community would be status quo. Meeting needs of business community could reduce in time with this option. This option too expensive. Labor force does not support this option. The professionals with the most knowledge and experience in the fire service should be making the decisions on operations and finances. No enhanced services with this option. Not a good option for financial sustainability. This option very low in my opinion. Option 4: Create a Tukwila Fire District, funded by both property taxes and a Fire Benefit Charge Number of responses: 9 IF 4 0 3 4 11 4 3 0 00 3 4 2 1 4 4 2 3 33 33 3 3 3 111 1 2 222 io 0 0 1 0 2 io 5 = very positive / 2 = somewhat negative 4 = somewhat positive 1 = very negative 0 3 = neither positive or negative 0- Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses:4 Text answers: The projected costs in this scenario are high - would it really cost $2.6M (per Attachment A - $1 M additional salary and benefit, addition $730K for Admin Overhead and $900K for FMO - these costs are included in the wages and benefits of Option 1) to fund the finance department and other administrative services for a Tukwila RFA? If the City were paid to provide these services, it would be added revenue to them. If the City is looking for a financing vehicle, similar to the MPD, this seems the way to go. Regarding sustainability, the FBC would need to be voted on periodically (every 10 years?) and the voters may need to vote to finance apparatus purchases. 151 I have the same reservations about Option 4 as Option 3 but see that the Fire Benefit Charge is a step in the right direction for funding stability and distributing the costs for higher risk properties. This Option is slightly better than Opt 3 because it also includes a Fire Benefit Charge possibility that distributes cost more fairly. It is still very costly. No enhanced services and would cost more dollars to attain them. This option more expensive. Possibility of needs of business community not being met in time. Relies on voter approval. Labor force does not support this option. Supports enhanced services. Am not in favor of this option at all. Option 5: Partner with another fire service provider to create a Tukwila Regional Fin Authority --- with a Fire Benefit Charge Number of responses: 9 IF 4 0 4 3 0 2 00 4 4 4 4 00 00 3 1 0 2 2 3 1 00 33 3 3 0 00 222 1 4 00 0 0 2 3 3 5 = very positive 2 = somewhat negative 4 = somewhat positive 1 = very negative 3 = neither positive or negative 0 - Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses:4 Text answers: Similar comments as Option 3. I have the same reservations as Options 4 and 3 and the same positive opinion that the Fire Benefit Charge is a step in the right direction for funding stability and distributing the costs for higher risk properties. Maybe accountability would improve with more eyes on the issue? 152 This Option is similar to Opt 4 except the City gives up some control. It is still very costly and requires voter approval of funding increases. I fear meeting the needs of a diverse community would not be a priority with all that would have to be worked out starting a RFA. Starting your own RFA would incur costs such as IT support, payroll administrations, personnel server (a very complicated issue) , apparatus maintenance and financially planning for future apparatus replacement and station maintenance and replacement of station 54 for example. This option too expensive as well. Option 6: Contract for Service with Renton RFA Number of responses: 9 IF 4 0 3 3 33 1 00 4 2 3 3 2 4 4 2 2 5 3 2 3 3 2 22 5 = very positive 0 2 = somewhat negative 4 = somewhat positive 1 = very negative 3 = neither positive or negative /z 0- Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses: 5 Text answers: Doesn't sound like Renton is interested in this option, so that negates any potential positives of this option. No going back if this option is selected. No control over service delivery other than through contracting specifications. Expensive in comparison with status quo. Firefighters would most likely prefer this arrangement to status quo - different management, better benefits and pay. This option really doesn't change anything about fiscal sustainability for the better. I appreciate that enhanced services are provided. 153 A contract requires the City to transfer Fire staff and equipment to RFA. If, for some reason the costs or services are not satisfactory how does the City go forward to provide Fire Services? The City's negotiating position is rather terrible. This option is totally unacceptable. Providing to a diverse community not as accessible as PSRFA. The pool of resources are not as varied and extensive. Enhanced Services not as developed. Our area is so unique with the residential population compared to the 100,000 plus population that comes to Tukwila during the day for business hence experienced in providing for the needs of a large business community. It is hard to compare Renton with this. They are more residential obviously. Contract required before annexation. More expensive for us that way. Impact on labor force, Renton RFA is not the preferential option for TFD personnel. They are not rated as "excellent" like PSRFA. Professionals with the most experience and knowledge in the fire service should have control over the operational and financial decisions. Am unaware of the overall quality of services from Renton Fire. There is more to this than just response times. Enhanced services purchased ( Comparing Options 1-9 under service levels, option 6) and unaware of quality of their enhanced services. Their needs are definitely different than ours. Considered a ladder to financial sustainability but would take much longer than PSRFA. Overall I would pick this option AFTER PSRFA with and without a contract. Option 7: Contract for Service with Puget Sound RFA Number of responses: 9 IF 4 0 6 11 000 7 0 2 000 11 4 2 1 3 4 4 11 00 2 0 00 6 2 2 1 1000 1 33 00 1 2222 1 3 3 1 11 1 5 = very positive 2 = somewhat negative 4 = somewhat positive 1 = very negative 3 = neither positive or negative 0 - Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses: 5 Text answers: 154 No control over decision making so no control over cost containment or service levels. However, Renton's profile is more similar to Tukwila's that Puget Sound's is (complex city, not a lot of rural area) and they seem to be more cost conscious. They are a smaller organization and may be more willing to partner with Tukwila - more of a peer relationship than a top down relationship. I have not heard that they want to close fire station 52, so this is a plus in my opinion This option really doesn't change anything about fiscal sustainability for the better. I appreciate that enhanced services are provided. This Option is more costly (in the short term) than Opt 6 and is equally, totally unacceptable for the same reasons. Have more resources and a bigger pool to draw from to provide for a diverse community and having the enhanced services will benefit this criteria immensely. ( Different language's available, CARES, Public Education, Fire Prevention and PIO ( Public Information Officer for media etc. ) Additional resources would be available with this option benefiting businesses. It is a fair practice to determine the level of combustible materials in businesses as compared to a home owner and what would be needed for services. Labor force supports this option. Control over operational and financial decisions should be made by the professionals most experienced and knowledgeable regarding the fire service. Quality of services is already good and can only get better with enhanced services. The PSRFA has a great reputation and excellent rating. This RFA has been in operation for over a decade and has established accountability and measuring of outcomes. This is the best option for sustainability of funding due to sharing of resources, only paying one Chief and getting all three enhanced services. TFD is already participating with PSRFA in training, Zone 3 operations ,fleet maintenance and the Fire Marshalls office. This is a definitely an advantage to joining PSRFA with already established operations. This is my next choice of options if we cannot immediately annex into PARFA I think in order to get to annexation we are going to have do have a contract first. If not, how do we get to annexation without having to fund the fire department for another at least two years? 155 Option 8: Annex into Renton RFA (after first entering into a service contract) Number of responses: 9 4 IF 3 4 4 2 000 3 6 4 3 2 2 1 1 1 1000 00 000 0 1 7 00 2 5 2 1000 0 4 4 211111111111 2 2 3 000 0 7 10 5 = very positive 2 = somewhat negative 4° 4 = somewhat positive 1 = very negative 0 3 = neither positive or negative 0 - Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses: 5 Text answers: Renton doesn't sound interested, so this is not a viable option. No control over decision making so no control over cost containment or service levels. However, Renton's profile is more similar to Tukwila's that Puget Sound's is (complex city, not a lot of rural area) and they seem to be more cost-conscious. They are a smaller organization and may be more willing to partner with Tukwila - more of a peer relationship than a top-down relationship. I have not heard that they want to close fire station 52, so this is a plus in my opinion but of course, they could decide this later unilaterally. No recourse if this option doesn't work. Voter's may not agree - property taxes have doubled in the last 5 years and their is some discontent about how the PSP was handled. This positives aspects of this option are it 1) provides a secure source of funding outside of the city's responsibility, thus making the fire departments expenses sustainable, 2) provides enhanced services that are better able to serve the most common EMS needs of our residential and business communities, 3) comes in at a reasonable cost when compared to some of the options 3, 4, and 5 and is comparable to the other options, and 4) provides a FBC which distributes the cost of fighting a fire more equitably. This option provides excellent service combined with sustainable, equitable costs. It is acceptable to me. 156 Providing to a diverse community not as accessible as PSRFA. The pool of resources are not as varied and extensive. Enhanced Services not as developed. Our area is so unique with the residential population compared to the 100,000 plus population that comes to Tukwila during the day for business hence experienced in providing for the needs of a large business community. It is hard to compare Renton with this. They are more residential obviously. Contract required before annexation. Impact on labor force, Renton RFA is not the preferential option for TFD personnel. They are not rated as "excellent" like PSRFA. Professionals with the most experience and knowledge in the fire service should have control over the operational and financial decisions. Am unaware of the overall quality of services from Renton Fire. There is more to this than just response times. Considered a ladder to financial sustainability but would take much longer than PSRFA. Overall I would pick this option 3rd after PSRFA with and without a contract. Option 9: Annex into Puget Sound RFA (after first entering into a service contract Number of responses: 9 10 6 4 2 000 1 7 1 1 0 J110 0 3 22 1111 s 1 0000 1 0 6 6 11 2 2222 0 1 00 1 5 22 000 44 00 5= very positive 2= somewhat negative 4° 4= somewhat positive 1= very negative 1 0 3= neither positive or negative 0 - Don't know Comments: please provide some commentary about your overall rating of this optio Number of responses: 7 Text answers: This makes sense, as we would have the enhanced services, as well as partnering with a well-established RFA. We can start with a contract, and then build the program over a couple of years. The City would lose control over decision-making and thus control over costs and services; PSRFA has stated they would eliminate fire station 52 which would adversely impact City safety, especially for those who live on Tukwila Hill (in the FS 52 area, 3 people lost their lives due to fire in 2021 and several families, 37 - 40, were 157 displaced due to another fire in 2020 - examples of the fire threat and consequences); PSRFA costs are high compared with Renton and in general. Since the PSRFA's FBC is permanent, they have the ability to continue to increase costs in tandem with property values increases, and again, the City would have no control over this. Tukwila is a more dense, complex city compared with the PSRFA area - we do not have large areas of sparsely populated, rural land; we do have a huge gas line that extends east/west beneath the central business district and other high risk situations - and would be better served by Renton RFA if the decision is made to annex. My first choice continues to be the status quo with a more robust FMO (could this be contracted out? Fire inspections are a high priority), Cares services from Renton (cost would be covered by the $100K from King County) and contracted educational services or use of City's existing communication group. As with Option 8 the positives aspects of Option 9 are it 1) provides a secure source of funding outside of the city's responsibility, thus making the fire departments expenses sustainable, 2) provides enhanced services that are better able to serve the most common EMS needs of our residential and business communities, 3) comes in at a reasonable cost when compared to some of the options 3, 4, and 5 and is comparable to the other options, and 4) provides a FBC which distributes the cost of fighting a fire more equitably. Additionally, it seems to be what the fire fighters want as it will probable provide higher wages and better working conditions/hours per week and has a FBC that does not have to go back to the voters for approval, making it more sustainable. With a larger consortium with shared personnel, there is greater ability to meet the needs of a large and diverse community. This option gives me more confidence in meeting this criteria. Additionally, it would provide the most impact on the labor force by having more personnel on duty at one time to alleviate the hardship experience by firefighters. This option and the contract into PSRFA are my top two options. This option also provides excellent service combined with sustainable, equitable costs. It is my first choice for two reasons. First, our FF's prefer it. Second, the PSFA provides service to Seatac which is a neighboring city and we can logically share fire stations. It is acceptable to me. Have more resources and a bigger pool to draw from to provide for a diverse community and having the enhanced services will benefit this criteria immensely. ( Different language's available, CARES, Public Education, Fire Prevention and PIO ( Public Information Officer for media etc. ) Their enhanced services are established and have a good reputation. They will also share in Hazardous Material operations, Technical Rescue ( Water and Rope ) for example because they are already established in our region. Additional resources would be available with this option benefiting businesses. It is a fair practice to determine the level of combustible materials in businesses as compared to a home owner and what would be needed for services. Labor force supports this option. Control over operational and financial decisions should be made by the professionals most experienced and knowledgeable regarding the fire service. Easier for a dedicated entity to plan for future knowing requirements needed. Quality of services is already good and can only get better with enhanced services. The PSRFA has a great reputation and excellent rating. This RFA has been in operation for over a decade and has established accountability and measuring of outcomes. This is the best option for sustainability of funding due to sharing of resources, only paying one Chief and getting all three enhanced services. TFD is already participating with PSRFA in training ( very important) , Zone 3 operations ,fleet maintenance and the Fire Marshalls office. This is a definitely an advantage to joining PSRFA with already established operations. This is my first choice option. 158 I think this is the way to go. My only worry, as I said in the contract option, is we have to figure out how to fund fire while we move to annexation. Also, the only way this will work is with full support of the union, the administration, and the council. 159 160 5.0 4.5 4.0 3.0 2.5 2.0 1.5 1.0 0.5 0.0 5.0 4.5 4.0 3.0 2.5 2.0 1.5 1.0 0.5 0.0 Ab 2022 Survey Results: Tukwila Fire/EMS Community Advisory Committee Weighted Averages in ir ds f rs Opt 0 Opt on Opt on 3 Option 4: Option 5: Option Status Quo Status Quo ± Tukwila Fire Tukwila Fire Tukwila Fire Contract Enhanced District - District + REA with with Renton Services 1::,roperty Fire Benefit otter Taxes Charge agency Ab r id irr.t r c mmunity Optiol ".L 0 ptio Optiol Contract An to An to with Puget Renton REA 1,uget Sound RIA Sound REA arg busir Opt 01 Opt 01 Option 3 Option 4: Option 5: Optio1 Status Quo Status Quo + Tukwila Fire Tukwila Fire Tukwila Fire Contract Enhanced District - Dist dot + REA with with Renton Services Property Fire Benefit other REA Taxes Charge agency SS c rni REA Optio 1 ".L Optio1 Opt 01 Conti act Annex to An to with Puget Renton REA Puget Sound Sound REA REA page 1 of 5 161 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.0 6.0 5.0 4.0 3.0 2.0 1.0 0.0 162 2022 Survey Results: Tukwila Fire/EMS Community Advisory Committee Weighted Averages c sts, c slid ring b c slid 0 pt. 0 i 1 Opt() 1 2 Option 3 Option 4: Option 5: 0 ptio 1 Status Quo Status Quo ± Tukwila Fire Tukwila Fire Tukwila Fire Contract En h a n ced District - District RIA with with Renton Services 1roperty Fire Benefit other RIA Sound RFA Taxes Charge agency. ts and busk SS S Optio 1 Optio 1 Opt 01 Contract An to An to with Puget Renton RIA Puget Sound °impact r Opto Status Quo ab ir irc ir cirutirnint and irtint.i11 0 pt 011 Option Option Option 5 Option E. Status Quo + Tukwila Fire Tukwila Fire Tukwila Fire Contract Enhanced District - District + IIA with with Renton Services 1roperty Fire Benefit other agency REA Taxes Charge Option Contract with Puget Sound RIA RFA Option Option Annex to Annex to Renton RIA Puget Sound RFA page 2 of 5 5.0 4.5 4.0 3.0 2.5 2.0 1.5 1.0 0.5 0.0 5.0 4.5 4.0 3.0 2.5 2.0 1.5 1.0 0.5 0.0 C. ntir 2022 Survey Results: Tukwila Fire/EMS Community Advisory Committee Weighted Averages r p raid a and financia d cisi r s Opt() 1 T.. 0 pton 2 Opt on Option 4: Option 5: Option Option Option 8: Option Status Quo Status Quo ± Tukwila Fire Tukwila Fire Tukwila Fire Contract Contract Annex to Annex to Enhanced District - District RIA with with Renton with Puget Renton RIA Puget Sound 0 Services 1roperty Fire Benefit other agency. RIA Sound RIA Taxes Charge ral qual S ir ic S ir inn s and Irma ir IRI::"A Optoi T.. Opto 2 Option Option Option 5 Optioi 6 Optioi Optioi Optioi 9: Status Quo Status Quo ± "Tukwila Fire "Tukwila Fire "lukw"la Fire Contract Contract Annex to Annex to Enhanced District - District RIA with with Renton with Puget Renton RIA Puget Sound Services Property Fire Benefit other agency RIA Sound RIA RIA Taxes Charge page 3 of 5 163 4.0 3.0 2.5 2.0 1.5 1.0 0.5 0.0 5.0 4.5 4.0 3.0 2.5 2..0 1.5 1.0 0.5 0.0 164 2022 Survey Results: Tukwila Fire/EMS Community Advisory Committee Weighted Averages Acc untabil ity• r u..,c rn abi ity In asur utcs rn Opt Opt on Option Optioi 4 Option 5: Option Option Option Opt oi Status Quo Status Quo ± Tukwila Fire Tukwila Fire Tukw"la Fire Contract Contract Annex to Annex to Enhanced District - District 4- Fire RIA • with with Renton with Puget Renton RIA Puget Sound Services 1roperty Benefit other agency. REA Sound REA REA Taxes Charge Sustainabi ty f funding Optoi Opton Option Optioi Option Option Option Option Opt oi Status Quo Status Quo ± Tukwila Fire "Tukwila Fire "lukw"la Fire Contract Contract Annex to Annex to En h a n ced District - District RIA with with Renton with Puget Renton RIA Puget Sound Services 1,roperty Fire Benefit other agency. REA Sound RIA "Faxes Charge page 4 of 5 4.5 4.0 3.0 2.5 2.0 1.5 1.0 0.5 0.0 2022 Survey Results: Tukwila Fire/EMS Community Advisory Committee Weighted Averages My ra rating •,his Optioi Optoi Opt on 3 Optioi Option Optioi 6Optioi Optioi Optioi Status Quo Status Quo ± Tukwila Fire Tukwila Fire Tukwila Fire Contract Contract Annex to Annex to Enhanced District - District 4- Fire RIA with with Renton with Puget Renton RIA Puget Sound Services 1roperty Benefit other agency. RIA Sound RIA RIA Faxes Charge page 5 of 5 165 166 City of Tukwila Future of Fire/EMS Community Advisory Committee Survey Results Summary Total Reponses: 10 Numbers reflect Weighted Average by Response - 5 = 5 points, 1 = 1 point # Questions Option 1: Status Quo Option 2: Status Quo + Enhanced Services Option 3: Tukwila Fire District - Property Taxes Option 4: Tukwila Fire District + Fire Benefit Charge Option 5: Tukwila Fire RFA - with other agency Option 6: Contract with Renton RFA Option 7: Contract with Puget Sound RFA Option 8: Annex to Renton RFA Option 9: Annex to Puget Sound RFA 1 Ability of provider to meet needs of diverse community 3.6 3.8 3.1 3.7 3.7 3.3 4.5 3.9 4.6 2 Ability of provider to meet needs of large business community 3.8 4.1 3.7 4.0 4.0 4.0 4.6 4.2 4.6 3 Total costs, considering both costs to residents and businesses 2.9 2.2 1.7 1.9 2.1 2.5 2.9 3.4 36 4 Impact on labor force, recruitment and retention 2.2 2.2 2.2 2.3 2.3 3.0 4.0 3.9 4.9 5 Control over operational and financial decisions 4,3 41 3.6 3.9 3.7 2.6 3.1 3.0 2.9 6 Overall quality of services (response times and more) 4.1 4.1 3.3 3.7 3.7 4.0 4.6 4.0 4.4 7 Accountability for outcomes/ ability to measure outcomes 3.8 3.7 3.6 3.8 3.7 2.6 3.2 2.8 3.2 8 Sustainability of funding 1.8 1.6 1.9 2.3 2.6 2.3 2.8 3.8 4.3 My overall rating of this option 2.4 2.3 2.0 2.6 2.4 2.4 2.8 3.6 4..1 Cells are shaded to denote the two highest (green) and two lowest (peach) ratings in each row. Overview/Recap of the Approaches that the Two RFAs have taken in Existing Service Contracts April 2022 Item Puget Sound RFA Renton RFA Contract Bid given to Tukwila Note: these numbers are preliminary, subject to refinement and negotiation $14.2M • There may be an opportunity to reduce the PSRFA reserves cost since the City's equipment, apparatus and 2 of 4 facilities are in very good shape $14.4M • we know RRFA's number exclude some costs— particularly some labor costs and dispatch costs Who else does the RFA contract with? Maple Valley Fire District City of SeaTac Fire District 40 Governance Contract agencies have a nonvoting seat on the governance board. A liaison to the contract agency is also identified. What happens to the City's fire department employees? They all go to the RFA, except the Chief and possibly the deputy chief. Staff transferred retain rank and do not take a pay cut. What does the City pay for? • In both cases, the City would pay for the operational staff needed to operate the 4 city stations at current staffing levels. This is 52 Firefighters (13 per day (4 -shifts) • The other firefighters at the City go over to the RFA and are absorbed in different parts of the agency but aren't charged back to the City • The RFAs charge overhead for capital/equipment/apparatus reserves. The allocation formulas are different for each overhead item and differ as between the two agencies. How long will the proposed contract term be? How soon could the City terminate if it wanted to? Note: The terms are subject to negotiation. The Sea Tac contract& Maple Valley contracts are for 20 years. They cannot be terminated in the first five years except for material breach. Thereafter, voluntary termination requires 2 years advance notice The FD 40 contract is for 20 years. It cannot be terminated in the first 8 years except or material breach. Thereafter, voluntary termination requires 3 years advance notice. What do the contracts say about annexation? Note: this would be a topic for negotiation The contracts do not make reference to annexation. The contract with FC 40 does not make any reference to annexation What do the contracts say about what happens to firefighters if the City ends the contract? Note: the terms are subject to negotiation. The City is required to make the RFA whole for some accrued employee costs. If the termination happens after the first 7 years but before the first 15 years of the contract, and: • the City re-establishes its fire department, Not discussed since no FD 40 employees were transferred as part of the current contract. Item Puget Sound RFA Renton RFA • the RFA fires employees as a result of the contract ending • "the City has sufficient resources" ..then, the City is required to rehire up to the number of employees required for minimum staffing under the contract that are laid off by the RFA (those employees could decline the offer and go elsewhere). Additional staff above that amount that are laid off have an option to seek employment with the City. If the termination happens after the first 15 years, and layoffs will happen, the RFA must give all personnel the option to transfer to the City in order of seniority. If additional layoffs still needed, City must offer employment to those folks before hiring other personnel. If the City isn't seeking to re-establish its fire department, the parties will "work cooperatively and make reasonable efforts to place any laid off employees with the entity that becomes responsible" for fire service delivery in the City. Payments SeaTac is invoiced quarterly. There is an annual true -up in the contract amount if the billing for the prior year was lower or higher than the actual expenses incurred by the RFA—the difference is applied to the SeaTac bill the next year. Semi-annual invoices. No true -up of expenses. Title to stations, apparatus Apparatus title is transferred. Equipment is transferred. These could be sold back to the original entity. Facilities are leased or transferred 170 Fire Benefit Charge—Deeper Dive Prepared for Future of Fire/EMS Community Advisory Committee / Meeting 5 / February 15, 2022 What's a Fire Benefit Charge? A Fire Benefit Charge (FBC) is an alternative supplemental funding mechanism governed by Chapter 52.18 RCW. Unlike the property tax, which is based on the value of both building structures and land, the FBC is imposed only on the improvements to real property and must be reasonably apportioned using a formula that considers the amount of services required to serve these properties. Only parcels with improvements are subject to the Benefit charge. The FBC does not take into consideration the value of the improvements. If a FBC is imposed, the General (Fire) Property Tax levy cannot exceed $1.00 per $1,000 (rather than $1.50 if there is no FBC). The Benefit Charge does not affect the EMS levy rate an agency may impose.' Before it can be imposed, a FBC must be voter approved (60% favorable vote, without validation). Collections can be increased by the Board of Commissioners from year to year without voter approval but cannot exceed 60% of the agency operating budget. There is no 1% cap on the amount that can be collected year to year as is true with property tax. The initial FBC is authorized for six years and needs to be reapproved by voters every six years. The reauthorization requires a simple majority vote. Recent changes in state law allow voters to approve 10 year or permanent reauthorizations of the FBC- but these require 60% approval. Annually, the board of fire commissioners sets the amount to be collected from the FBC and confirms the formula. The total revenue collected from the FBC cannot exceed 60% of the operating budget. Typically, the basic formula approach stays the same, but the total collected increases to address the shortfalls in the budget not addressed by property tax. So, what's the formula? The basic formula is somewhat inscrutable to the average person, but it is based on a nationally accepted approach to calculate the amount of fire flow needed to put out a structure. Specifically, FBC formulas typically include the following components: A. The Square Footage of improvements B. Fire Flow (SQRT(Sq. Ft.) x 18) – incorporating square footage C. Structure Category Weight Factor D. Cost per gallon E. Discounts (sprinklers, seniors and low income) An oversimplified formula is presented below: Square Footage x Fire Flow x Cost per Gallon x Structure Category Weight Factor x Disc aunt or Additional Risk Charge = FBC 1 If there is a County EMS levy—as in King County—local fire agencies cannot impose their own EMS levy. 32 171 Walk me through this...how is my cost determined? The major driver of the FBC for any property owner is the size of the improvements on their property, and the category of structure type (residential, commercial, etc.). Square Footage This information is from the County assessor and includes not only primary residences/structures (including garage), but outbuildings on property as well. Fire Flow Fire Flow is the gallons of water required to put out a fire. It is calculated based on the formula SQRT(Sq. Ft.) x 18. (square root of the square footage of improvements multiplied by 18). This is a nationally recognized formula for calculating fire flow. (Ref: NFPA Handbook, 18th Ed., Ch 6, Water Flow Requirements for Fire Protection) Structure Categories & Weights Once the structure categories are identified, they are refined by the application of a weighting factor. Each category is assigned a weighted value that results in a targeted and defined portion of the benefit charge. In other words, the structure category weights define how much of the total benefit charge will be paid by each structure category. Sample categories: Single Family Residential Mobile Home Multi Family Small commercial Medium commercial Large commercial Cost Per Gallon The cost per gallon is determined by dividing the total fire flow by the Dollar amount of the Benefit Charge. Discount or Additional Risk Charge Statutes allow for discounts for structures that have sprinkler systems. By statute, senior and low income discounts are also applied. Some agencies have additional risk charges for particularly hazardous structures — for example, commercial gas storage. Exemptions State law exempts various types of property entirely from the FBC, such as, schools, church's, public and nonprofit low income housing, and government structures. 172 33 An oversimplified picture of how the FBG comes together 1. Identify categories of structures you will use in your FBC formula. Typical set below 2. Identify square footage and type of each structure�B� in your jurisdiction and place it in the appropriate appropriate category D i n' t e"....,1\s\ i`wri 5. Do the math! t• e ` ; ac • ,_ ,,— �Nc� • e• ' •• e • ,-• , N\ g,, 5,��$ R ;Lk- Sample list: County assessor Weights increase with County assessor Determine the bill for Mobile Home records provide the size and complexity records provide this each structure. Single Family Residential this information of structure use. It's not always a straight line— some small commercial establishments may have an FBC very much like a single family residence. The weighting reflects the additional resources that are needed to put out a fire at these different types of structures information Multi family Small commercial Medium commercial Large commercial • Bills for an FBC are sent once a year by the County Assessor as part of the property tax statement (although the FBC is a fee not a tax). • An agency with an FBC must have an annual appeals process, similar to a property tax appeal process, but run locally by the agency imposing the fee, rather than the county assessor. 34 What's the end result of using an FBC? 1. Agencies that would otherwise be wholly dependent on property taxes and periodic lid lifts can stabilize their revenues to meet costs as economic conditions and demand changes year to year, without going back to voters. Stability of revenues stabilizes service levels. 2. Total revenue collections can exceed the amount that would otherwise be collected by maximum property tax rates for a fire agency that doesn't have an FBC. 3. With an FBC, cities who are within a fire district or RFA can retain more property tax capacity for their own use (since the fire agency's property tax capacity is reduced in exchange for being able to impose an FBC. 4. Overall, the agency collects more revenue from larger, more complex structures than it does from single family homes. In other words, the FBC shifts costs to multi -family and larger commercial properties, and away from small single family residential homes. Most FBC formulas and structure classifications used in Puget Sound are fairly similar. What communities/fire service providers in our area have a fire benefit charge? • Puget Sound Regional Fire Authority (Covington, Kent, Maple Valley & SeaTac) • Renton Regional Fire Authority • Valley Regional Fire Authority (Algona, Auburn, Pacific) • King County Fire District 36 (Woodinville) • North Highline Fire District (south of Seattle city limits) • Northshore Fire Department (Kenmore and Lake Forest Park) • Snoqualmie Pass Fire & Rescue • Shoreline Fire Department • Central Pierce Fire & Rescue • King County Fire District 10 (Carnation, May Valley, Tiger Mountain, Preston) • South County Fire (Lynnwood) 174 35 Fire District/RFA finances with an RFA — simple Illustration: Cost of maintaining service over time 5011 Amount collected by FBC; Ainu tt(tt Property Tax levy lid lif" moor.////1J✓�lrrrrrr107. rrirfi paX property tax Time Note that even with an FBC, an agency will want to periodically seek a property tax lid lift to restore purchasing power of its fire levy, and keep FBC collections within a preferred range (and under the 60% operating budget max.) 36 175 Contract Considerations • Term • Termination • Annexation Timeframe • Costs • Services/Level of Service • Public Records • Governance • Offramps • Personnel • Equipment/Apparatus • Fire Stations/Land • Facilities Maintenance (inside/outside) • Any other issues from the City Council 176 Center for Public Safety Management (CPSM) Report Recommendations Prepared for the City of Tukwila City Council June 27, 2022 Overview of the CPSM Report 37 — General Recommendations in the CPSM Report 9 - Revenue Enhancements & Reduction in Overtime Recommendations 9 - Considerations for Reduction of Overtime Expenditures Introduction Many of the recommendations from the CPSM report have been implemented by the City of Tukwila. The majority of the remaining recommendations can be addressed in a Contract for Services with an RFA. Both Renton and Puget Sound have the resources and programs to immediately implement recommendations. Status of the 37 General Recommendations 13 -Currently Implemented as of June 2022 10 - Related to Enhanced Services: Fire Marshal Office (FMO) Community Assistance Referrals and Education Services (CARES) Public Education program 12 - Related to Organizational Process 2 - Have Significant Labor Challenges What 13 Recommendations are Currently Implemented 4 - Use Operation Staff to Manage Programs 8 — Quality Review for Reports (Medical & Fire) 16 — Non -emergent Responses (Yellow) 22 — Company Fire Investigation (Tukwila & PSRFA Joint Fire Investigation Unit) 23 — Utilize BrycerTM Software (FMO) 27 — South King County Fire Training Consortium Program 28 — Training Program 31 — Health & Fitness Program 32 — After Action Reviews 33 — Civilian Emergency Management 34 — Update Comprehensive Emergency Management Plan (CEMP) 35 — Staff Training on WebEOC — Web -based Emergency Operations Center 36 — Develop City Continuity of Operations Plan (COOP) What 10 Involve Enhanced Services (FMO-CARES-Public Education) 11 - Community Risk Reduction Both _= a 12 — Pre-Fire Plans t _= a 13 — Pre-Fires on Mobile Terminals Bot _= a 14 — Seek Accreditation 17 — CARES Program t _= a 18 — Reduce Benefits to Pay for CARES staffing Fu 21 — Company Inspection Program 24 — Civilian FMO Staff ,ton is 25 — Civilian Fire Marshal _= nton 26 — Public Education Program t (Ps _ bri d What 12 Involve Organizational Process Change 2 — Increase Work Hours, Reduce K Days 5 — Require Degrees for Promotions (\Regi 6 — Use Evaluations for Promotions 7 — Perform Routine Audit of Telestaff 9 — Co -Utilization of Units 10 — Roving Units iC 15 — Minimum Staffing of 12 19 — Reduce Sick Leave CcLuunu 20 — Performance Measures C\FPA. 29 — Physical Fitness Testing 30 — Annual Medical Physicals 37 — Auto -Dispatch Private Ambulance are Significant Labor Challenges These two recommendations would involve collective bargaining with the Union. 1 — Part-time, on-call Staff 3 —Reduce Overtime Eligibility (Overtime currently defined in CBA) Attachment for Tukwila Future of Fire/EMS Services Examples of Regional Fire Authority Levy plus Fire Benefit Charge vs Tukwila Levy for Fire Services Tukwila funds fire services mainly through its property tax levy. Currently that is approximately $1.90/$1,000 of Assessed Value. For example, in the table below, in Example #1, a $350,000 Assessed Value Residential home of 1,120 square feet pays the equivalent of $664.83 per year in property taxes for fire services. Both Regional Fire Authorities charge a reduced property tax levy and also have a voter approved Fire Benefit Charge which assesses costs based on several factors such as fire risk and square footage. Their property tax levy rate is limited to not exceed $1.00/$1,000 Assessed Value. For the same Example #1, the Puget Sound Regional Fire Authority (PSRFA), charges an approximate $0.90 Property Tax Levy for a property Tax Levy of $315.00 per year and a Fire Benefit Charge of $160.62 per year, for a combined total cost of $475.62. This is a decrease of overall costs for this residential home of $189.21 per year. Other examples are shown changing the Assessed Value, Square Footage, and Type of Structure (Residential, Commercial, and Apartment). Ex. Tukwila Levy Rate of $1.90/1,000 AV for Fire Services Tukwila Property Assessed Square Equivalent Type Value Footage Levy Rate Puget Sound Regional Fire Authority (PSRFA) Fire Levy Total Rate at PSRFA $0.90 FBC Cost Increase / (Decrease) Renton Regional Fire Authority (RRFA) Fire Levy Total Rate at RRFA $0.90 FBC Cost Increase / (Decrease) 1 Residential 350,000 1,120 664.83 315.00 160.62 475.62 (189.21) 315.00 172.65 487.65 (177.18) 2 Residential 350,000 2,070 664.83 315.00 218.36 533.36 (131.47) 315.00 234.71 549.71 (115.12) 3 Residential 500,000 2,240 949.75 450.00 227.14 677.14 (272.61) 450.00 244.15 694.15 (255.60) 4 Residential 500,000 2,710 949.75 450.00 270.96 720.96 (228.79) 450.00 291.25 741.25 (208.50) 5 Commercial 521,700 3,556 990.97 469.53 453.73 923.26 (67.71) 469.53 487.71 957.24 (33.73) 6 Commercial 14,561,000 103,200 27,658.62 13,104.90 17,000.71 30,105.61 2,446.99 13,104.90 18273.79 31,378.69 3,720.07 7 Apartment 963,200 25,240 1,829.60 868.88 7,192.49 8,061.37 6,231.77 868.88 7731.09 8,599.97 6,770.37 8 Apartment 9,014,000 40,432 17,122.09 8,112.60 9,103.22 17,215.82 93.73 8,112.60 9784.95 17,897.55 775.46 186 COUNCIL AGENDA SYNOPSIS Initials Oiiim ITEM NO. i Meeting Date Prepared by Mayor's review Council review 1 V III 1111101' 6/27/22 CT 0 ` Spec 2 9B ITEM INFORMATION STAFF SPONSOR: MAYOR EKBERG ORIGINAL AGENDA DATE: 6/27/22 AGENDA ITEM TITLE Appointment to the Planning Commission CATEGORY ❑ Discussion Mtg Date 0 Motion Mtg Date 6/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council a Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S Recommended Appointment of Martin Probst to Position #3, Business Representative, on SUMMARY the Planning Commission REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMI I IEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/27/22 MTG. DATE ATTACHMENTS 6/27/22 Informational Memorandum dated 5/23/22 187 188 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Mayor Ekberg DATE: May 23, 2022 SUBJECT: Planning Commission Appointment ISSUE The Business Representative position on the Planning Commission was recently vacated by Andrea Reay and is currently vacant. I am recommending the appointment of Martin Probst to fill this vacancy. His application is attached for your review. The term for this position expires December 31, 2023. RECOMMENDATION I am recommending this appointment be confirmed by Council at the June 27, 2022 Special Council Meeting. 189 190 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 RECEIVED Email:aairdsComimsLn�tukwiiiawa a_v_ Website: www_tukwiilawa,g_av_ Application for Appointment BOARDS, COMMISSIONS AND COMMITTEES Please complete the ENTIRE application form. Submitting a resume is optional. DATE: 5/13/2022 NAME: Probst Martin R Last First M.I. ADDRESS: Street City Zip MAILING ADDRESS if different : HOME PHONE: MOBILE PHONE: EMPLOYER: Boeing E-MAIL: Please check all that apply to you within Tukwila city limits: ❑ Resident 0 Business Owner/Representative ❑ School District Representative ❑ High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: ❑ Arts ❑ Civil Service ❑ Equity & Social Justice Parks Planning BOARDS & COMMITTEES: ❑ Community Police Advisory ❑ Human Services ❑ Library ❑ Lodging Tax Business Representative Position ❑ Other/Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes 0 No If "yes", please list: AVAILABLE TO ATTEND MEETINGS: 0 Daytime 0 Evenings Please note that upon submission, all information on this document becomes public record. For further clarification regarding this application or more information regarding boards and commissions please call 206-433-1850. 191 Boards & Commissions Application Page 2 Please describe your interest in serving on a board, commission or committee and include your qualifications for the position. (Please limit your response to 500 words or less.) I am actively involved with community development projects throughout Kent, Seattle, King County and Tukwila by the nature of my current role as a permit focal for Boeing. By profession this places me in contact with multiple Authorities Having Jurisdiction, this also requires me to coordinate and work with a vast array of professionals within the development community through design, application, construction, and project closeout. My role requires coordination with various professionals within my company including Engineering, Planning, Realty, and Legal Counsel. have served Boeing under the permitting role for four years. Prior to this role I was responsible for soliciting, selecting, awarding, and managing design and construction contracts for Boeing for almost 15 years. Upon accepting my current role, I elected to obtain my permit technician certificate through the International Code Council. Therefore, I am actively involved in the code community both through my work and my affiliation with the International Code Council as a certified member and certified professional. My current role within Boeing keeps me actively engaged in reviewing the City's Development Standards, Municipal Code, and adherence to the many Industry Standards associated with the Model Code. Regarding my experience in long range planning, my team and I are producing a Master Tree Plan for Boeing, once the Master Tree Plan is completed, we will then work toward a Shoreline Management Plan for those properties along the Lower Duwamish Waterway. These tasks are obviously smaller components of a comprehensive Master Plan which I intend to help my company create to improve our coordination and development plans within our community and the Jurisdiction of Tukwila. If after careful review and consideration you find me to be qualified for service, I have no doubt my professional experience will dovetail nicely into the requirements of the Planning Commission's purpose statement. I truly appreciate your time and consideration for this opportunity to serve, and would be honored to support the community as the Business Representative on the Planning and Commission Board of Architectural Review. Please feel free to reach out to me directly if you wish to discuss any of the summarized items in this application in greater detail. Please note that upon submission, all information on this document becomes public record. For further clarification ,� 92regarding this application or more information regarding boards and commissions please call 206-433-1850. Boards & Commissions Application Page 3 Professional/Community Activities (organizations, clubs, service groups, etc.): International Code Council member ID# 8926142 Certified Permit Technician through the International Code Coucil; certificate valid through 7/29/2025 Hobbies/Interests: Books, travel, hiking, and skiing. Other comments/additional information for consideration: My current role requires continual education to maintain my certificate. Therefore I participate in week long Colorado Chapter of the International Code Council seminars with each evolution of the model code as well as online courses offered by the ICC and State for various job related activities such as the International Energy Code or State Environmental Policy Act process. Please note that upon submission, all information on this document becomes public record. For further clarification regarding this application or more information regarding boards and commissions please call 206-433-1850. 193 194 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 06/13/22 JR 0 Resolution ❑ Ordinance Mtg Date 06/27/22 JR ❑ Other Mtg Date Mtg Date 06/13/22 SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police OP1t ❑Court SPONSOR'S The Transportation Improvement Program (TIP) must is updated annually per the RCW and SUNLVARY must be adobted by June 30, 2022. The TIP is primarily a financial planning document for projects competing for grants. Only one project has been removed from the draft 2023- 2028 TIP because of its anticipated completion at the end of this year. Council is being asked to approve the Resolution for the Six -Year Transportation Improvement Program for 2023 - 2028. REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRIJLLER ❑ LTAC DATE: 06/06/22 ITEM INFORMATION ITEM No. Spec 3.D. 195 STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 06/13/22 AGENDA ITEM TITLE Resolution for Six -Year Transportation Improvement Program (2023 - 2028) CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date 0 Resolution ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date 06/13/22 SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police OP1t ❑Court SPONSOR'S The Transportation Improvement Program (TIP) must is updated annually per the RCW and SUNLVARY must be adobted by June 30, 2022. The TIP is primarily a financial planning document for projects competing for grants. Only one project has been removed from the draft 2023- 2028 TIP because of its anticipated completion at the end of this year. Council is being asked to approve the Resolution for the Six -Year Transportation Improvement Program for 2023 - 2028. REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRIJLLER ❑ LTAC DATE: 06/06/22 RECOMMENDATIONS: SPONSOR/ADMIN. COMMII Public Works Department to Committee of the Whole and Special Consent Agenda IEE Forward COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/13/22 Forward to next Special Meeting Consent Agenda 06/27/22 MTG. DATE ATTACHMENTS 06/13/22 Informational Memorandum dated 06/03/2022 Draft Resolution Draft 2023-2028 TIP Summary 2023-2028 "Draft" Transportation Improvement Program Current Adopted 2022-2027 TIP Minutes from Transportation and Infrastructure Committee meeting of 06/06/2022 06/27/22 Final Resolution 195 196 bins A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2023- 2028), AND DIRECTING THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Tukwila has previously adopted a Transportation Improvement Program and thereafter periodically modified said Transportation Improvement Program by resolution; and WHEREAS, the City Council has reviewed the work accomplished under said program, determined current and future City street and arterial needs and, based upon these findings, has prepared a Six -Year Transportation Improvement Program for the ensuing six calendar years (2023-2028); and WHEREAS, on June 13, 2022, a public hearing was held regarding the City's Six - Year Transportation Improvement Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Program Adopted. A Six -Year Transportation Improvement Program for the calendar years 2023 to 2028, attached hereto as Exhibit A, is hereby adopted. Section 2. Filing of Program. The City Clerk is hereby authorized and directed to file a copy of this resolution, together with the exhibit attached hereto, with the Secretary of Transportation and the Transportation Improvement Board of the State of Washington. CC:\Legislative Development\TIP 2023-2028 5-31-22 CK:bjs Review and analysis by Barbara Saxton Page 1 of 2 197 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2022. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Thomas McLeod, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Exhibit A: City of Tukwila Six -Year Transportation Improvement Program for 2023 to 2028 CC:\Legislative Development\TIP 2023-2028 5-31-22 CK:bjs Review and analysis by Barbara Saxton Page 2 of 2 198 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 05 STP TUK-62 42nd Ave S Bridge Replacement 42nd Ave S over the Duwamish River Interurban Ave S to Northern end of bridge Replace the existing 42nd Ave S steel truss bridge. The replacement will require preliminary engineer design, right-of-way, and construction phases. The new structure will meet current road and bridge design standards. The replacement structure configuration will be two through -lanes, possibly a turn pocket, and include sidewalks. 06/13/22 06/27/22 0 2,600,000 11 CN 0.100 DCE Yes Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S PE 2023 STP 1,500,000 OTHER 1,100,000 0 2,600,000 S CN 2024 STP(BR) 12,000,000 OTHER 15,900,000 0 27,900,000 Totals 13,500,000 CN 17,000,000 0 30,500,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 2,200,000 0 0 0 0 CN 0 9,450,000 9,450,000 0 0 Totals 2,200,000 9,450,000 9,450,000 0 0 (D (0 Report Date: June 01, 2022 Page 1 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 19 WA -1111:06/13/22 46th Avenue Safe Routes to School 46th Avenue S S 150th Street to S 144th Street Design and construct curb, gutter and sidewalk on the west side of 46th Avenue S, including curb bulb -out at the SE corner of 46th Avenue S/S 144th Street with raised crosswalk across S 144th Street with RRFB. SRTS 06/27/22 85,000 265,000 05 RW 0.370 Yes Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2024 0 SRTS 180,000 85,000 265,000 P RW 2024 0 SRTS 230,000 20,000 250,000 P CN 2025 0 SRTS 1,865,000 200,000 2,065,000 Totals 0 0 2,275,000 305,000 2,580,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 265,000 0 0 0 RW 0 250,000 0 0 0 CN 0 0 2,065,000 0 0 Totals 0 515,000 2,065,000 0 0 Report Date: June 01, 2022 Page 2 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 00 WA05409 Allentown Truck Reroute Project to Study alternatives for truck access to reroute outside of residential neighborhood. 06/13/22 06/27/22 1,000, 000 1,000, 000 18 0 700,000 EIS No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S PL 2023 0 0 1,000, 000 1,000, 000 Totals 0 700,000 0 1,000,000 1,000,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PL 700,000 200,000 0 0 0 Totals 700,000 200,000 0 0 0 O Report Date: June 01, 2022 Page 3 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, La Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 00 4th WA -05405 Americans with Disabilities Act (ADA) Improvements Various locations to Design and construct ADA compliant upgrades to City infrastructure in conjunction with a City developed plan. 06/13/22 06/27/22 300,000 300,000 06 0 50,000 0 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S ALL 2023 4th 0 5th & 6th 0 300,000 300,000 Totals 0 50,000 0 300,000 300,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th ALL 50,000 50,000 50,000 50,000 100,000 Totals 50,000 50,000 50,000 50,000 100,000 Report Date: June 01, 2022 Page 4 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, La Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 16 WA -07746 Andover Park E/Minkler Blvd Intersection Andover Park E Minkler Blvd to Construct left turn lanes on Andover Park East and reconstruct traffic signal 06/13/22 06/27/22 134,000 134,000 03 C G O P S TW 2023 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S PE 2023 0 0 134,000 134,000 S RW 2023 0 0 10,000 10,000 P CN 2024 0 10,000 0 1,570,000 1,570,000 Totals 0 0 0 1,714,000 1,714,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 134,000 0 0 0 0 RW 10,000 0 0 0 0 CN 0 1,570,000 0 0 0 Totals 144,000 1,570,000 0 0 0 O W Report Date: June 01, 2022 Page 5 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 14 4th WA -03731 Annual Bridge Inspections and Repairs Various City Street to Perform load ratings and bi-annual inspections as well as construct necessary repairs and maintenance 06/13/22 06/27/22 1,200, 000 1,200, 000 06 0 200,000 0 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S ALL 2023 4th 0 5th & 6th 0 1,200, 000 1,200, 000 Totals 0 200,000 0 1,200,000 1,200,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th ALL 200,000 200,000 200,000 200,000 400,000 Totals 200,000 200,000 200,000 200,000 400,000 Report Date: June 01, 2022 Page 6 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, La Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 16 4th WA -03733 Annual Overlay and Repair Program Various City Streets to Repair, rehabilitate, and overlay City streets as needed in an annual program 06/13/22 06/27/22 9,100,000 9,100,000 06 C G O P S TW 1,400, 000 0 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S ALL 2023 4th 0 5th & 6th 0 9,100,000 9,100,000 Totals 0 1,400, 000 0 9,100,000 9,100,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th ALL 1,400, 000 1,400, 000 1,500,000 1,500,000 3,300,000 Totals 1,400,000 1,400,000 1,500,000 1,500,000 3,300,000 N O 01 Report Date: June 01, 2022 Page 7 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 00 TAP(UL) TUK-50A Green River Trail Improvements Green River Trail Christensen Road to TUC Pedestrian Bridge The Green River Trail Connector Project will replace approximately 700 feet of existing trail with a widened 12 -foot paved pathway, 2 -foot gravel shoulders, illumination and security cameras. A new pedestrian plaza will also be constructed where the Green River Trail intersects with Christensen Road, including way -finding signs to major destinations. The TUK-50A programming is only for the construction phase of these improvements. The PE phase is included in TUK-50. 06/13/22 06/27/02 308,000 1,297, 000 28 989,000 0.130 DCE No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S CN 2023 TAP(UL) 989,000 0 308,000 1,297, 000 Totals 989,000 1,297,000 0 308,000 1,297,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th CN 1,297,000 0 0 0 0 Totals 1,297,000 0 0 0 0 Report Date: June 01, 2022 Page 8 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 00 4th TUK-63 Keeping South King County Moving with TDM South King County Various to Various This project will help people access sustainable transportation options that reduce drive -alone travel and traffic congestion in South King County. TDM programming and services will be provided to residents, workers, visitors, employers, property managers, and students in Tukwila and the partnering jurisdictions of Burien, Des Moines, Kent, Renton, and SeaTac. The program will target those willing and able to try sustainable modes of transportation at activity centers (community hubs, commercial areas, business parks, multifamily housing complexes, and educational institutions). Examples of activity centers include the Tukwila International Boulevard District, Southcenter, and Sea -Tac Airport. The TDM Program will work in partnership with transit agencies, nonprofits, employers, and community organizations to reach priority populations through trusted channels. The project aims to reduce 542,997 vehicle trips and 8,093,549 vehicle miles traveled. 06/13/22 06/27/22 168,000 840,000 44 0 0.000 672,000 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S ALL 2023 4th 0 OTHER 672,000 168,000 840,000 Totals 0 210,000 672,000 168,000 840,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th ALL 105,000 210,000 210,000 210,000 105,000 Totals 105,000 210,000 210,000 210,000 105,000 O �I Report Date: June 01, 2022 Page 9 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 17 4th WA -1111( Macadam Rd S Complete Streets Project Macadam Road S 150th Street to S 144th Street Design and construction of a complete street on Macadam Road. Road widening and rechannelization to add 5 -foot bike lanes and 5 -foot sidewalks on both sides of the roadway. Includes illumination, curb, and storm drainage. 06/13/22 06/27/22 40,000 400,000 04 RW 0.350 DCE No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2028 4th 0 Ped/Bike Program 360,000 40,000 400,000 P RW 2028 0 Ped/Bike Program 90,000 10,000 100,000 P CN 2028 0 Ped/Bike Program 2,800,000 300,000 3,100,000 Totals 0 3,250,000 350,000 3,600,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th ALL 0 0 0 0 3,600,000 Totals 0 0 0 0 3,600,000 Report Date: June 01, 2022 Page 10 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 00 WA -13494 S 119th St Pedestrian Bridge Painting S 119th Street West bank Duwamish River to East bank Duwamish River Ongoing maintenance of the S 119th Street Pedestrian Bridge in the Allentown/Duwamish neighborhoods. Painting of bridge is outstanding maintenance needed. 06/13/22 06/27/22 200,000 200,000 06 0 0.040 0 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P CN 2024 0 0 200,000 200,000 Totals 0 0 0 200,000 200,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th CN 0 0 200,000 0 0 Totals 0 0 200,000 0 0 O CO Report Date: June 01, 2022 Page 11 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 14 4th WA -09873 S 140th St Intersection Improvements S 140th Street Tukwila International Blvd to Design and construct a new traffic signal at the S 140th Street/Tukwila International Blvd intersection 06/13/22 06/27/22 150,000 150,000 04 C G P S T W 0.100 DCE Yes Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2027 4th 0 5th & 6th 0 150,000 150,000 P RW 2027 0 0 50,000 50,000 P CN 2028 0 0 1,200, 000 1,200, 000 Totals 0 0 1,400,000 1,400,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 0 0 150,000 RW 0 0 0 0 50,000 CN 0 0 0 0 1,200, 000 Totals 0 0 0 0 1,400,000 Report Date: June 01, 2022 Page 12 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, La Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 17 SRTS WA03782 S 144th St Bridge Sidewalks S 144th Street 51st Ave S to 53rd Ave S Widen existing sidewalks on bridge over 1-5 between 51st Ave S and 53rd Ave S 06/13/22 06/27/22 74,250 550,000 28 CN 0.250 SRTS No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2024 SRTS 475,750 0 74,250 550,000 P CN 2025 SRTS 2,302,000 0 388,000 2,690,000 Totals 2,777,750 CN 0 462,250 3,240,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 550,000 0 0 0 CN 0 0 2,690,000 0 0 Totals 0 550,000 2,690,000 0 0 Report Date: June 01, 2022 Page 13 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 19 WA -1111' S 152nd Street Safe Routes to School S 152nd Street Tukwila International Blvd to 42nd Avenue S Design and construct curb, gutter and sidewalks on both sides including widening pavement width by 3 feet to construct on -street parking lane on north side of street. 06/13/22 06/27/22 260,000 2,600,000 05 0 0.300 2,340,000 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P CN 2024 0 SRTS 2,340,000 260,000 2,600,000 Totals 0 0 2,340,000 260,000 2,600,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th CN 0 2,600,000 0 0 0 Totals 0 2,600,000 0 0 0 Report Date: June 01, 2022 Page 14 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 00 CMAQ TUK-64 South King County TDM South King County N/A to N/A This project will provide TDM programming and services at selected activity centers in Tukwila and partnering South King County jurisdictions. Activity centers include community hubs, commercial areas, business parks, multifamily housing complexes, and educational institutions. For example, places such as Tukwila International Boulevard District, Southcenter, and Sea -Tac Airport. By providing transportation resources and incentives, the project will encourage people to choose sustainable transportation options that reduce drive -alone travel and traffic congestion in South King County. TDM services will be provided to residents, commuters, and visitors, targeting those willing and able to try sustainable modes of transportation. The program will work in partnership with partner agencies, nonprofits, employers, and community organizations. 06/13/22 06/27/22 15,000 525,750 24 450,000 0.000 CE No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S CN 2023 CMAQ 450,000 OTHER 60,750 15,000 525,750 Totals 450,000 262,875 60,750 15,000 525,750 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th ALL 262,875 262,875 0 0 0 Totals 262,875 262,875 0 0 0 W Report Date: June 01, 2022 Page 15 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 04 WA -13495 Southcenter Blvd/65th Avenue S Signal Southcenter Boulevard 65th Avenue S to Design and construct a new traffic signal at the Southcenter Boulevard/65th Avenue S intersection to improve level of service and safety. 06/13/22 06/27/22 50,000 100,000 21 CN 2023 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S PE 2023 0 TIB 50,000 50,000 100,000 P CN 2023 0 TIB 500,000 400,000 900,000 Totals 0 CN 550,000 450,000 1,000,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 100,000 0 0 0 0 CN 0 900,000 0 0 0 Totals 100,000 900,000 0 0 0 Report Date: June 01, 2022 Page 16 Agency: Tukwila County: King MPO/RTPO: PSRC St Y Inside Six Year Transportation Improvement Program From 2023 to 2028 N Outside Functional Class Priority Number A. PIN/Project No. B. STIP ID C. Project Title D. Road Name or Number E. Begin & End Termini F. Project Description G. Structure ID m -i, CO Adopted Amendment Resolution No. Improvement Type Utility Codes Total Length Environmental Type RW Required 00 WA -13491 Transportation Demand Management Implementation to Provision of TDM services to Commute Trip Reduction -affected employment sites. Facilitate employer reporting and records associated with biennial CTR survey. Engage CTR employment sites with opportunities for improvement and remain connected via technical meetings with other CTR jurisdictional representatives. 06/13/22 06/27/22 0 74,204 44 ALL 0.000 No Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S ALL 2023 0 WSDOT 74,204 0 74,204 P ALL 2023 0 WSDOT 148,408 0 148,408 Totals 0 222,612 0 222,612 Expenditure Schedule Federal Funds State Funds Local Funds Total Funds Phase 17,716,750 1st 26,370,362 2nd 61,319,362 3rd 4th 5th & 6th ALL 37,102 37,102 37,102 37,102 74,204 Totals 37,102 37,102 37,102 37,102 74,204 N C3i Report Date: June 01, 2022 Page 17 Federal Funds State Funds Local Funds Total Funds Grand Totals for Tukwila 17,716,750 26,370,362 17,232,250 61,319,362 N C3i Report Date: June 01, 2022 Page 17 216 COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared by Mayor's review Council review 06/27/22 JR ITEM INFORMATION ITEM No. Spec 3.F. 217 STAFF SPONSOR: DEONTAE ELDER ORIGINAL AGENDA DATE: 06/27/22 AGENDA ITEM TITLE 2022 Bid Award Overlay and Repair Program CATEGORY ❑ Discussion Mtg Date Motion Date 06/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Mtg SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police 0Pit ❑Court SPONSOR'S 2022 Overlay and Repair Program was advertised for bids on May 11 and May 18, 2022. SUNLVARY Four bids were received on June 7, 2022, with the apparent low bid of $1,422,751.25 for Schedule A and $189,858.50 for Schedule B with a total of $1,612,609.75 from Tucci & Sons. This project will provide street structure and safety improvements. Council is being asked to award construction of the 2022 Overlay and Repair Program to Tucci & Sons for both Schedule A and Schedule B in the amount of $1,612,609.75. REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRULLER ❑ LTAC DATE: 06/21/22 RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Public Works Department Approval; Forward to Special Consent Agenda IEE Unanimous COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,612,609.75 $1,785,000.00 $0.00 Fund Source: OVERLAY CIP, FUND BALANCE/NTCP CIP,SMALL DRAINAGE CIP, COMPLETE STREETS GRANT Comments: 2022 CIP Page 2, 12 & 78 MTG. DATE RECORD OF COUNCIL ACTION 06/27/22 MTG. DATE ATTACHMENTS 06/27/22 Informational Memorandum dated 06/17/22 CIP Page 2, 12 & 78 Vicinity Map Bid Tabulation Certification Bid Award Letter Minutes from T&I Committee meeting of 06/21/22 (to be distributed separately) 217 218 City of Tukwila Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Deontae Elder, Transportation Project Manager CC: Mayor Ekberg DATE: June 17, 2022 SUBJECT: 2022 Overlay and Repair Program Project No. 80010401 Bid Award Allan Ekberg, Mayor ISSUE Award the bid for construction of the 2022 Overlay and Repair Program. BACKGROUND The Overlay and Repair Program preserves and maintains the street structure in a safe and useable condition. Construction will include, but not be limited to pavement repairs, sidewalk improvements, signal improvements, and an asphalt overlay at seven locations citywide. Multiple projects were combined for the 2022 Overlay & Repair Program due to economy of scale, including work related to Overlay & Repair, Small Drainage, ADA improvements, and the Neighborhood Traffic Calming Program (NTCP). ANALYSIS A call for bids was advertised for the 2022 Overlay and Repair Program on May 11, 2022 and May 18, 2022. Four bids were opened on June 7, 2022. The bid was separated into two schedules, with Schedule B being an optional additive alternate if budget allowed. The confirmed lowest bidder was Tucci & Sons, with a bid of $1,422,751.25 for Schedule A and $189,858.50 for Schedule B. The Engineer's Estimate was $1,438,725.00 for Schedule A and $239,257.50 for Schedule B. There were no bidding errors. Schedule A includes work at the following locations: • 44th Ave S and 46th Ave S along S 124th St.: Work includes RRFB (Rectangular Rapid Flashing Beacons) installation, installation of curb ramps and sidewalk, driveway improvements, and channelization installation. This project is on the NTCP Top -10 priority list. • S 140th St. from Military Road to Tukwila International Boulevard: Work includes grind and overlay, sidewalk and curb ramps installation, channelization such as stop bars, crosswalk, and paint lines, speed cushions, signs, driveways improvements, pavement repair, and gravel. • Orillia Rd. and S 200th St. Intersection: Work includes pavement repair, grind and overlay, curb ramps, channelization, signal modifications such as traffic cameras, cabinets, loop removal, and pedestrian signal improvements, and driveway improvements. • S 141St St. from 37th to Tukwila International Blvd.: Work includes grind and overlay, pavement repair, installing gravel, driveway improvements, and channelization installation. • S 142nd St. from 37th to Tukwila International Blvd.: Work includes grind and overlay, pavement repair, installing gravel, driveway improvements, and channelization installation. • 37th Ave S between S 144th St. and S 140th St.: This section includes the small drainage work of adding new storm drainpipe by saw cutting out the pavement, then restoring that pavement with new pavement. Other work includes grind and overlay, gravel, HMA thickened edge, driveway improvements, speed cushions, and channelization. Schedule B work will include overlay, sidewalk, curb ramps, a new crossing, and an RRFB signal relocation at S 144th Street and 46th Ave S near Foster High School, which is identified on the NTCP Top -10 priority list. If Council chooses to move forward with Schedule B, it can be funded using NTCP CIP funding or remaining 104 fund balance. 219 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT AND BID SUMMARY (All amounts include sales tax) The Tucci & Sons bid for Schedule A and Schedule B combined, without continency is $1,612,609.75. The funding for this project will be broken down into four funding sources since the work is relevant to multiple projects; and therefore, would utilize multiple budgets - Overlay & Repair, Neighborhood Traffic Calming Program (NTCP), the Small Drainage Program, which would use Surface Water Enterprise Funds, and the Complete Streets grant. Bid Results Estimate Engineer's Estimate Funding Source 2022 Budget Schedule A $1,422,751.25 $1,438,725.00 Overlay CIP $1,050,000.00 Schedule B 189,858.50 239,257.50 Fund Balance/NTCP CIP 250,000.00 Contingency (8%) 129,008.78 Complete Streets Grant 400,000.00 Small Drainage CIP 85,000.00 Total $1,741,618.53 $1,677,982.50 Total $1,785,000.00 RECOMMENDATION Council is being asked to award construction of the 2022 Overlay and Repair Program to Tucci & Sons for both Schedule A and Schedule B in the amount of $1,612,609.75, and to consider this item on the Consent Agenda of the June 27, 2022, Special Council Meeting. ATTACHMENTS: 2022 CIP Page 2, 12 & 78 Vicinity Map Bid Tabulation Bid Award Letter 220 Phone: 206-433 1800 • Email: MayorTukwilaWA.gov • Website: TukwilaWA.gov CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Traffic Calming/Residential Safety Improvements Project No. 80010301 Programmatic approach to addressing neighborhood traffic concerns through a variety of methods. DESCRIPTION: Residential street improvements with sidewalks, safety improvements, and bike facilities. JUSTIFICATION: Neighborhood revitalization by improving residential streets. STATUS: Future candidates are listed in the citywide comprehensive update and safety -based prioritization of residential street improvements, sidewalks, and bike lanes. MAINT. IMPACT: Varies, depends on treatment(s) used. COMMENT: Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycl such as the speed cushions, RRFB crossings, LED enhanced signs, Radar driver feedback signs, etc. FINANCIAL (in $000's) Through Estimated 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND EXPENSES Design 63 50 100 100 Land(R/W) Const. Mgmt. 37 Construction 148 0 300 TOTAL EXPENSES 248 50 100 400 0 0 0 0 0 FUND SOURCES ARPA Funding 100 400 Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected City Oper. Revenue 248 50 0 0 0 0 0 0 0 TOTAL SOURCES 248 50 0 0 0 0 0 0 0 2021 - 2026 Capital Improvement Program 2 221 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Overlay and Repair Program Project No. 9xx10401 DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets. Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which JUSTIFICATION: also minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects. STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay. MAINT. IMPACT: Reduces annual maintenance. COMMENT: Ongoing project. Only one year actuals shown in first column. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 209 190 150 150 150 150 150 150 150 1,449 Land (RMI) 0 Const. Mgmt. 121 15 200 200 200 200 200 200 200 1,536 Construction 1,224 312 1,050 1,050 1,050 1,050 1,150 1,150 1,300 9,336 TOTAL EXPENSES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 TOTAL SOURCES 1,554 517 1,400 1,400 1,400 1,400 1,500 1,500 1,650 12,321 222 2021 - 2026 Capital Improvement Program 12 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Small Drainage Program Project No. 9x241201 9 9 81241207 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 74 92 100 100 100 100 110 110 80 866 Const. Mgmt. 40 68 100 100 100 100 110 110 80 808 Construction 108 515 700 700 700 700 750 750 513 5,436 TOTAL EXPENSES 222 675 900 900 900 900 970 970 673 7,110 FUND SOURCES Awarded Grant 0 Proposed Grant 65 65 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 157 675 900 900 900 900 970 970 673 7,045 TOTAL SOURCES 222 675 900 900 900 900 970 970 673 7,110 2021 - 2026 Capital Improvement Program 78 223 2022 OVERLAY PROGRAM PROJECT NO. 80010401 MAY 2022 MAYOR ALLAN EKBERG DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER HARI PONNEKANTI, P.E. SCHEDULE OF DRAWINGS SHEET NO. SCHEDULE A I SHEET TITLE COVER 2 -4 DETAILS 5 - 7 S 14011 Sr - STA 101-00 TO STA 29475 10 0 14157 Sr - STA 30400 TO 570 37400 11 S 142ND Sr - STA 40400 TO STA 47470 12 - 13 3771 AVE 5 - STA 50400 TO STA 63450 14 3715 AVE 5 STORM DRAINAGE IMPROVEMENTS 15 - 17 ORILLA RD 5 - STA 1001-50 TO STA 1081-00 18 ORILLA RD S d: 20015 Sr S SIGNAL MODIFICATIONS 19 SIGNAL 6001FICA60N5 DETAILS 20 -23 ALLENTOWN RRFB INSTALLA710NS , SCHEDULE B 24 - 26 5 144TH Sr & 48TH AVE 27 5 144TH Sr 5 k 48TH AVE S RRFB MODIFICA60N5 LEGEND EXISTING: 4 D 0 n CITY COUNCIL THOMAS MCLEOD, PRESIDENT KATHY HOUGARDY DE'SEAN QUINN KATE KRULLER CYNTHIA DELOSTRINOS JOHNSON TOSH SHARP MOHAMED ABDI WATER VALVE GAS VALVE FIRE HYDRANT TELEPHONE MANHOLE FIBER OPTIC MANHOLE POWER POLE MONUMENT SANITARY SEWER WATER METER CATCH BASIN JUNCTION BOX TYPE 1,2 SIGNAL CONTROLLER CABINET TREE CRUSHED GRAVEL CEMENT CONC. PAVEMENT VEGETATION FENCELINE ROW LIMITS (SURVEY) ROW LIMITS (CIS) I'UI3L IC WOl2hS l7EYT_ *HNGINHM RIINC SlREEFS*Wf TER*SEWER* PROPOSED: I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII date aa�.an � 3 aMc [fir 5 14075 ST, 5 1415T ST, S 142ND ST, 371H AVE S THICKENED EDGE PAVEMENT REPAIR HMA OVERLAY HMA PAVEMENT SECTION CRUSHED SURFACING TOP COURSE CEMENT CONC. PAVEMENT GRINDING AND PAVING LIMITS SAWCUT INLET PROTECTION PER V500T STD PLAN 1-40.20 Irn E.ca�lTl7� 14‘,411-I ST e (:gyptratifil 48TH AVE 5 �p�X 11 71 ALLENTOWN RRFS BID DOCUMENTS ORILLA RD 2022 TUKWILA OVERLAY COVER 1 5/28 27 m i< 224 CITY OF 150 - DEPARTMENT OF PUBLIC 6/9/20 2BID TAB 2022 Overlay Program [Project No. 800104001 No. S¢N Ion Item SCHEDULE A- OVERLAY & SIDEWALK IMPROVEMENTS ROADWAY IMPROVEMENTS Al All All A. A. A. 1-04 1-09 1-10 1-10 2-02 2-02 2-02 2-03 2-03 4-04 5-04 5-04 5-04 5-04 5-04 5-04 5-04 012 8-01 8 11 Unexpected Site Changes SPCC Plan Mobilization Off-DLAy Uniformed Police Officer Asphalt Pavement Removal Removal of Structure and Obstruction Unsuitable Foundation Lxcavation Ind Haul Gravel Borrow Incl. Haul Crushed Surlacing Top Course HMA G_1/2" PG 58H-22 HMA for Pavement Repair G_3/2"PG 58H-22 Planing Bituminous Pavement Asphalt Cost Price Ad,ustment Adjust Manhole Ad,ust Catch Basin Ad,ust Water Valve Hydrant Relocation Inlet Protection Adjust Monument Case a. Cover SIDEWALK IMPROVEMENTS 00105150 Unit 200 650 2,850 90 1,110 FA LS LS LS HN SY LS LS ION ION ION ION ION SY CALL EA EA Total Engineers Estimate Unit Cost Total Cost $ 10 0000.00 $ 1 $ 2 45 00 95 00 25 00 8 00 80 00 MO 00 8,000 00 2,250 00 100000.00 111,000 00 16,000 00 22,500 00 20,000 00 1,800 00 5,000 00 48050.00 0.0 00 111,.0 00 15050.00 5,250 00 8,880 00 80050.00 10,000 00 10,500 00 15,200 00 15,200.00 5,120 00 2,100 00 APPARENT LOW BIDDER Unit Cost Total Cost $ 115,000 00 55 00 8,000 00 250 00 120.0 00 115,000 00 11,000 00 5,000 00 60,000 00 4,000 00 0000 00 19,000 00 22,500 00 22,500 00 20,5.00 80,/50 00 10,000 00 5,950 00 12,000 00 16,1.00 10,000 00 1,520 00 2,550 00 MILES at5ottacts Unit Cost Total Cost 8,000 00 28, 00 $ 114,801 00 1110 2,560 00 98 25 529 00 142.00 1,0 15 1. 00 1,160 00 1,160 00 812 00 10, 50 464 00 ICON Unit Cost Total Cost 28000 $ 125.00 88,105.00 $ 150,000.00 62,160 00 $ 25,500 00 11040.00 $ 150 00 15,428 00 $ 512 00 15,650.00 $ 16,000 00 8,000 00 125.00 ,0,000.00 54,000 00 19,000 00 12,500 00 25,500 00 0600 00 12,800 00 55,250.00 21,000 00 140/00 00 23,400 00 6,000 00 5,550 00 111,0. 00 10,000 00 5,250 00 24,000 00 10,108 00 16,000 00 1,840 00 1,800 00 LAKESIDE INDUSTRIES INC Unit Cost Total Cost 8,000 00 1,000 00 160,000 00 200,000 00 0.0 00 1,000 00 60 00 150 00 110 00 240 00 200 00 10,000 00 ,50 00 1,100 00 4,5.00 10,000 00 100 00 4,5.00 8,000.00 1,000.00 160,000.00 200,000.00 45,000.00 10500.00 0.0.00 10500.00 2,000.00 6,000.00 19,000.00 21,000.00 21,600.00 6,000.00 20,5.00 100,45.00 10,000.00 5,250.00 15,200.00 9,025.00 10,000.00 1025.00 A. 1-05 2-02 2-02 8-04 8 06 8 06 8-14 8-14 8-14 ADA Features Surveying Cement Conc Sidewalk Removal Ind Haul Cement Conc Curb Removal Ind Haul Replace Existing Frame a. Grate with Solid Locking Cover Cement Conc. Curb a. Gutter Cement Conc Driveway Lntrance Cement Conc Driveway Cement Conc Sidewalk Cement Conc Curb Ramp Cement Conc Pedestrian Curb DRAINAGE IMPROVEMENTS 004 004 004 Crushed Surlacing Top Course for Storm Drainage Improvements HMA 0.1/2"PG 58H-22forStorm Drainage Improvements Ductile Iron Storm Sewer Pipe 6In Diam Ductile Iron Storm Sewer Pipe 12In Diam Storm Drain Marker Area Drain Iype 45 Catch Basin Iype 1 New Pipe Connection to Lxisting Storm Drain Structure or Pipe A41 8-11 Protect Utility Pole 250 ,80 MOO 180 108 LS SY SY SY SY EA LF ION ION LF EA EA EA 60 00 80 00 80 00 15 00 60 00 ,50 00 A44 8-12 Resolution of Utility Conlicts 1 1$ $ 60000 8-12 Pothole Utility TRAFFIC SIGNALS 8-20 I raffic Signal Modifications (001 Ila Rd S& S 200th St), Complete 20 NNFB ons 15120th Street& a 4th Avenue S ands Street 8, 06th Avenue SI, Complete FRANCHISE UTILITY ITEMS 8 8-19 Atlfust Franchise Utility Manhole/Vault A49 8-19 tlfust Gas Valve ROADSIDE DEVELOPMENT 8-01 8-02 8-18 Lrosion/Water Pollution Control Property Restoration Mailbox Relocation TRAFFIC CONTROL DEVICES A. 8-05 8-21 8-22 8-22 8-22 8-22 8-22 8-22 8-23 Speed Cushion Permanent Signing Plastic I rat!. Arrow Plastic Stop Line Plastic Crosswalk Line Paint Line, 8 Inch Paint Line, 4 Inch Plastic Yield Line Symbol I emporary Pavement markings SCHEDULE B- 514011 5T& 4611 AVE S SCHOOL CROSSING ROADWAY IMPROVEMENTS Bll 1-04 1-09 1-10 2-02 2-02 2-02 2-03 2-03 4-04 5-04 5-04 012 Unexpected Site Changes SPCC Plan Mobilization Asphalt Pavement Removal Removal of Structure and Obstruction Unsuitable Foundation Lxcavation Ind Haul Gravel Borrow Incl. Haul Crushed Surlacirn rop Course HMA 0.1/2" PG 58n-22 Ad,ust Catch Basin Ad,ust Water Valve B15 8-01 Inlet Protection 1,200 1,160 4,600 LS LS FA EA EA LS EA SF LA $ 00 $ /5,000.00 0000 00 15,000.00 23,400 00 1,200 00 85,000 00 14000.00 2,800 00 1,000 00 48,000 00 4,200 00 10,500 00 1,850 00 11,88000 11,900 00 1,000 00 9,000 00 8,000 00 1,800 00 /0000 00 ,5,000 00 0 $ 900.00 $ /00.0 $ 1,50000 $ 2,50000 80 00 8 00 100 1. SCHEDULE A ESTIMATED CONSTRUCTION cosi 480 10 100 100 10 LS LS LS sy LS LS ION ION ION ION LA 45 00 95 00 25 00 4,250 00 0000 00 20,000 00 8,250 00 15,000.00 9,600 00 9,480 00 11000 00 850 00 1,438,725.00 1,000 00 25,000 00 21,600 00 1,000 00 950 00 0.0 00 0,50 00 800 00 8 25 0 85 0 85 12,000 00 1050 00 9,160 00 1,000 00 68,000 00 16,200 00 1050 00 15,000 00 54,000 00 2,600 00 8,050 00 1,850 00 15,660 00 850 00 1,200 00 6,000 00 1,000 00 8,000 00 1,000 00 55,000 00 45,000 00 2,000 00 4,250 00 0000 00 2,200 00 18,100 00 ,60 00 20,5.00 8000 00 2,686 00 5,460 00 195.25 1,910 00 1,000 00 250 00 16,000 00 22,000 00 4,800 00 8,000 00 0000 00 1,000 00 6,000 00 0.0 00 1,000 00 850 00 2,5.00 6,511 00 1830 1,015.00 62 65 62 65 51 00 18 60 255.00 119 20 159.50 25.20 2,221 00 0,25.00 2,900 00 8,000 00 8,0 00 $ 10120 00 2,900 00 4,250 00 0000 00 8,0 00 2,5.00 90.50 8 12 0 85 23.20 0 18 1,000 00 28, 00 8 25 1,518 00 119 20 94 60 .100 1,160 00 812 00 99.85 6,511 00 12025.00 102,4 00 1,015.00 501,5.00 26,500 00 11,0.00 2,800 00 10850.00 10226 00 856 80 6,669 00 1,450 00 2,900 00 8,000 00 2,610 00 1/120 00 2,900 00 4,250 00 0000 00 8,0 00 2,200 00 16,590 00 ,2400 2016 00 8000 00 2,686 00 5,226 00 0,48 00 1,493,742,5 1,000 00 28, 00 .061.00 1,960 00 1,518 00 1,192 00 9,460 00 9,492 00 1,010 00 1,480 00 812 00 499 25 100 00 12 50 100 00 100 00 81 25 1,125 00 106 00 200 00 2,5.00 291 00 26 00 0150.00 1,100 00 6,250 00 8,000 00 625 00 45,600 00 18000 00 4,250 00 0000 00 ,40 00 285.00 19,500 00 94 00 0 85 24 00 0 19 125.00 18,000 00 62,000 00 12,100 00 10,000 00 190 00 90 00 85 00 246 00 200 00 ,50 00 512 00 60 00 25,000 00 23,400 00 55,250.00 18,000 00 .625 00 1,000 00 2,860 00 0420 00 14,000 00 9,625 00 11028 00 884 00 0150.00 0.0 00 6,250 00 8,000 00 45,600 00 18000 00 4,250 00 0000 00 ,40 00 2,280 00 19,500 00 00 2,520 00 9,000 00 2,686 00 5,460 00 0,94 00 1,616,865.00 125.00 18,000 00 62,000 00 13,600 00 12,100 00 10,000 00 1,900 00 9,000 00 0180 00 2,000 00 2,250 00 512 00 2,000 00 82 00 120 00 1,000 00 13 00 100 00 100 00 80 00 1,200 00 45 00 250 00 1,5.00 190 00 25 00 4,200 00 1,000 00 8,000 00 1,000 00 15,000 00 2,000 00 4,250 00 0000 00 2,000 00 250 00 16,000 00 85 00 8 00 00 0 90 25 00 1. 1,000 00 1,000 00 12,000 00 60,000 00 65 00 0000 00 15,000 00 100 00 190 00 250 00 1,100 00 4,5.00 2,000 00 20,500 00 91,600 00 1,000 00 56,100 00 18,000 00 18000 00 2,925.00 10,500 00 1,000 00 6,125 00 20,520 00 850 00 4,200 00 0.0 00 0000 00 1,000 00 8,000 00 1,000 00 15,000 00 2,000 00 4,250 00 0000 00 2,000 00 2,000 00 16,000 00 680 00 2,844 00 5,460 00 425.00 5,980 00 1,000 00 1,000 00 12,000 00 60,000 00 11,200 00 0000 00 15,000 00 1,000 00 10,000 00 11000 00 4,5.00 SIDEWALK IMPROVEMENTS 1-05 2-02 2-02 8-04 8 06 8-14 8-14 8-14 ADA Features Surveying Cement Conc Sidewalk Removal Ind Haul Cement Conc Curb Removal Ind Haul Cement Conc. Curb a. Gutter Cement Conc Driveway Lntrance Cement Conc Sidewalk Cement Conc Curb Ramp Cement Conc Pedestrian Curb DRAINAGE IMPROVEMENTS 004 8 12 8 12 TRAFFIC SIGNALS B31 I 8-20 Solid Wall PVC Storm Sewer Pipe 18In Dia Catch Basin Iype 48In Replace sting Frame a. Grate with Sold Lock, Cover Catch Basin Iype 1 Storm Drain Marker Resolution of Utility Conlicts Pothole Utility NNFB Modifications IS 100th St& 06Th Ave SI, Complete FRANCHISE UTILITY ITEMS B32 I 8-19 Atlfust Franchise Utility Manhole/Vault B31 I 8-19 tlfust Gas Valve ROADSIDE DEVELOPMENT 8-01 8-02 8-18 Lrosion/Water Pollution Control Property Restoration Mailbox Relocation TRAFFIC CONTROL DEVICES 8-09 8-09 8-21 8-22 8-22 8-22 Raised Pavement Marker Iype 1 Raised Pavement Marker Iype Permanent Signing Plastic Stop Line Plastic Crosswalk Line Paint Line, 4 Inch 60 1/0 410 so 100 LS SY SY SY LA LA LA LA LSI LSI 60 00 80 00 15 00 1,600 00 11,100 00 20,500 00 1,200 00 6,000 00 12,000 00 1,100 00 1,200 00 1,000 00 1,000 00 5,000 00 200 180 FA FA LS SF 8 00 1. 4,250 00 10,000 00 18, 50 ,50 00 0000 00 1,600 00 2,0 00 SCHEDULE ESTIMATED CONSTRUCTION COST $ 239,25050 1. 8 25 1,000 00 900 00 21,62, 50 1,600 00 5,600 00 0.0 00 4,000 00 1,105.00 5,000 00 1,000 00 2,000 00 125.00 1,000 00 5,000 00 2,000 00 4,250 00 10,000 00 23, 50 525.00 150 00 24, 50 1050.00 126 00 $ 189,858.50 68 65 2930 41 00 62 65 62 00 2,025.00 18 60 541 00 5,950 00 1,015.00 2,240 00 25.20 1,000 00 5,000 00 2,900 00 4,250 00 8,0 00 1. 1,200 00 8 10 4,119 00 10,441 00 16,410 00 4,960 00 1,860 00 5,410 00 5,950 00 1,015.00 2,240 00 126 00 1,000 00 5,000 00 2,900 00 4,250 00 10,000 00 8,0 00 1,195 00 1,200 00 241 00 1050.00 120 60 223,42335 2,182 00 156 00 42 00 91 00 81 00 1,125 00 625 00 9,550 00 1050 00 26 00 1,000 00 5,000 00 4,250 00 10,000 00 ,40 00 1 60 9 60 1,5.00 2,182 00 9,160 00 11,100 00 10220 00 1020 00 6,80 00 6,250 00 9,550 00 1050 00 110 00 1,000 00 5,000 00 4,250 00 10,000 00 ,40 00 90 00 1,5.00 252 00 126 00 318,391.00 82 00 120 00 100 00 80 00 1,200 00 45 00 625 22 12,000 00 1,000 00 1,000 00 25 00 1,000 00 5,000 00 2,000 00 4,250 00 10,000 00 2,000 00 100 8 00 150 00 8 00 8 00 4,920 00 .000.00 18,040.00 4,000 00 9,600 00 6,252 20 12,000 00 1,000 00 1,000 00 125.00 1,000 00 5,000 00 2,000 00 4,250 00 10,000 00 2,000 00 1,200 00 150 00 240 00 1,600 00 126 00 363,253.20 SCHEDULE A+ SCHEDULE B TOTAL BID 1,612,609.75 1,717,166.30 1,935,256.00 1,900,012.20 225 KPG SO (,AS 3131 Elliot Avenue, Suite 400 Seattle, WA 98121 206.286.1640 www.kpg.com June 8, 2022 Hari Ponnekanti, P.E. City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RE: 2022 Overlay Program [Project No. 80010401] Dear Mr. Ponnekanti, As requested, KPG PSOMAS has completed the verification for Tucci & Sons, Inc. for the 2022 Overlay Program for their bid in the amount of $1,612,609.75 (Schedule A plus Schedule B). We have also checked the status of Tucci & Sons, Inc. on the Washington State Labor and Industries web page to confirm they are currently insured, bonded, and licensed. Additionally, no strikes or debarment records arose federally or statewide regarding Tucci & Sons, Inc. Additionally, we called Tucci's references as listed in the bid documents. All calls were answered by machine and messages were left. Should we receive any responses we will forward that information on to you. It is KPG PSOMAS' recommendation that the 2022 Overlay Program Schedule A bid work in the amount of $1,422,471.25 be awarded to Tucci & Sons, Inc. The Schedule B bid work in the amount of $189,858.50 will be awarded at the sole discretion of the City. We have enclosed the contractor verification package for your review. Sincerely, KPG PSOMAS (13 Bryce Corrigan, P.E. Enclosures: Tucci & Sons, Inc - Verification Package 3131 Elliott Avenue North • Seattle, WA 98121 • Phone (206) 286-1640 • Fax (206) 286-1639 2502 Jefferson Avenue • Tacoma, WA 98402 • Phone (253) 627-0720 • Fax (253) 627-4144 www.kpg.com 226 6/8/22, 10:30 AM TUCCI & SONS INC Labra & r91stries_(ps://Ini.wa.gov) Contractors TUCCI & SONS INC Owner or tradesperson TUCCI, MICHAEL F Principals TUCCI, MICHAEL F, PRESIDENT TUCCI, TIMOTHY F, SECRETARY TUCCI, JAMES G (End: 01/01/1980) XITCO, JOHN V (End: 01/01/1980) TUCCI, THOMAS D (End: 01/01/1980) Doing business as TUCCI & SONS INC WA UBI No. 278 021 315 4224 WALLER RD TACOMA, WA 98443 253-922-6676 PIERCE County Business type Corporation LLicense Verify the contractor's active registration / license / certification (depending on trade) and any past violations. Construction Contractor Active Meets current requirements. License specialties GENERAL License no. TUCCIS*379N0 Effective — expiration 08/20/1963— 01/14/2024 Bond TRAVELERS CAS & SURETY CO Bond account no. 081S103486221BCM $12,000.00 Received by L&I Effective date 12/27/2001 01/01/2002 Expiration date Until Canceled Insurance Zurich American Ins Co $1,000,000.00 Policy no. GL0399266918 Received by L&I Effective date 12/22/2021 01/01/2022 Expiration date 01/01/2023 Insurance history Savings ..................... No savings accounts during the previous 6 year period. Lalissu ts ainst the bond or savings ko lawsuitsagainstagainst the bond or savings accounts during the previous 6 year period. L&I Tax debts https://secu re.l ni.wa. gov/verify/Deta il. aspx?U B I=278021315&L IC=TUCCIS*379N0&SAW= 221 6/8/22, 10:30 AM TUCCI & SONS INC No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Certifications & Endorsements OMWBE Certifications ............... ............... ... . No active certifications exist for this business. Apprentice Training Agent 2egietteredtraining agent. Check their eligible programs and occupations. Workers' Comp Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums. This company has multiple workers' comp accounts. Active accounts L&I Account ID 700,260-00 Doing business as TUCCI & SONS INC Estimated workers reported N/A L&I account contact - Email: @Ini.wa.gov Track this contractor Self Insured. This business is certified to cover its own workers' comp costs. No premiums due. Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training— Effective July 1, 2019 Exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. 1 Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. Inspection results date 10/20/2021 Inspection no. 317965712 Location 2623 south 170th st Seatac, WA 98188 Inspection results date 08/28/2017 Inspection no. 317946151 Location 3205 MARTIN WAY E Olympia, WA 98506 Inspection results date 09/28/2016 Inspection no, 317941904 No violations No violations No violations h22:Esecure.Ini.wa.gov/verify/Detail.aspx?UB1=278021315&LIC=TUCCIS`379N0&SAW= 2/3 6/8/22, 10:30 AM Location W. Valley HWY S, & Auburn, WA 98001 TUCCI & SONS INC https://secure.lni.wa.gov/verify/Detail.aspx?UB I=278021315&LIC=TUCCIS*379N0&SAW= 22P 230 6/8/22, 10:31 AM TUCCI & SONS INC sun OF WASHINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage June 8, 2022 j WA UBI No. 278 021 315 L&I Account ID 700,260-00 Legal Business Name TUCCI & SONS INC Doing Business As TUCCI & SONS INC Workers' Comp Premium Status: Self Insured. This business is certified to cover its own workers' comp costs. No premiums due. Estimated Workers Reported N/A (See Description Below) Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? Yes License No. TUCCIS*379N0 License Expiration 01/14/2024 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). https://secure.lni.wa.gov/verify/Details/IiabilityCertificate.aspx?U B I=278021315&LIC=TUCCIS*379N0&V IO=&SAW=false&ACCT=70026000 2311 (( Washington State Department of Revenue A < Business Lookup License information: Entity name: TUCCI & SONS, INC, Business name: TUCCI & SONS, INC. Entity type: Profit Corporation UBI #: 278-021-315 Business ID: 001 Location ID: 0004 Location: Active Location address: 11102 S STEELE ST TACOMA WA 98444 Mailing address: 4224 WALLER RD E TACOMA WA 98443 Excise tax and reseller permit status: Secretary of State status: Endorsements Endorsements held at this loc. License # Count Scale - Large 2 Click here Click here Details Governing People May include governing people not registered with Secretary of State Governing people KEVER, KEVIN A TUCCI, MICHAEL A TUCCI, MICHAEL F TUCCI, TIMOTHY F 232 Title Status Active New search Back to results Expiration dat First issuance Mar -31-2023 Apr -18-2001 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 6/8/2022 10:31:51 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported 233 234 cuu upuuseu uy nevuI never un dun aq LULL ll!!Ilidd HIV] ILIsAM*GOV TUCCI & SONS INC Unique Entity ID K5N5ZMTJJEM8 Registration Status Active Registration Physical Address 4224 Waller RD E Tacoma, Washington 98443-1623 United States Doing Business as (blank) Congressional District Washington 10 Registration Dates Activation Date Jun 6, 2022 Entity Dates Entity Start Date Jan 1, 1950 Immediate Owner CAGE (blank) Highest Level Owner CAGE (blank) CAGE / NCAGE OHXL1 Expiration Date Jun 2, 2023 Mailing Address 4224 Waller RD E Tacoma, Washington 98443-1623 United States Division Name (blank) State / Country of Incorporation Washington / United States Submission Date Jun 2, 2022 Fiscal Year End Close Date Dec 31 Legal Business Name (blank) Legal Business Name (blank) Purpose of Registration All Awards Division Number (blank) URL (blank) Initial Registration Date Mar 18, 2002 Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information Is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration In SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2.C.F.R. 200 Appendix XII. Their responses are not displayed in SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. Active Exclusions Records? No I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Corporate Entity (Not Tax Exempt) Profit Structure For Profit Organization htqls://sam.gov/entity/K5N5ZAITJJEM8/coreData?status=Active Entity Type Business or Organization Organization Factors Manufacturer of Goods 235 Page 1 of 2 upuuieu uynev,n never un ✓un u,, LULL u, r 1.✓✓ ILMI Socio -Economic Types e ar w.�U kJ'AMVO Check the registrant's Reps & Certs, If present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity Is an SBA -certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Accepts Credit Card Payments No EFT Indicator 0000 Electronic Business KEVIN A KEVER MICHAEL TUCCI Government Business KEVIN A KEVER MICHAEL TUCCI NAICS Codes Primary Yes NAICS Codes 237310 237110 324121 Debt Subject To Offset No CAGE Code OHXL1 4224 Waller RD E Tacoma, Washington 98443 United States 4224 Waller RD Tacoma, Washington 98443 United States 4224 Waller RD E Tacoma, Washington 98443 United States 4224 Waller RD Tacoma, Washington 98443 United States Yes, this entity appears in the disaster response registry. Dollars (blank) Bonding Levels (blank) States Washington Counties NAICS Title Highway, Street, And Bridge Construction Water And Sewer Line And Related Structures Construction Asphalt Paving Mixture And Block Manufacturing Metropolitan Statistical Areas WA: Thurston, Pierce, King (blank) 236htrym://sam.gov/entily/K5N5ZMTJJEM8/coreData?status=Active Page 2 of 2 Certified Firms Directo )MWBE's Directory of Certified Firms will help buyers and contracting officers quickly locate and notify rms of upcoming procurement and contracting opportunities. When you search, you must also select at ?ast one certification type. its online directory lists firms certified by OMWBE. Firms that appear in the directory are currently certified and approved to be utilized toward meeting established contractgoa) their displayed certification type(s). Firms that are noted as suspended cannot be utilized for -credit in new contracts until the suspension is removed. For additional details plea: .ferencethe Q5DOrr gQl° i,g or contact Amal Joury at pfngllaniodzcAlgov. As of October 1, 2020, the Washington State Department of Transportation (WSDOT) will be adding white -women owned businesses back into the Federal Highway Administration race -conscious, or goals portion of the Disadvantaged Business Enterprise (DBE) Program. All previously awarded contracts with underutilized DBE (UDBE) goals will remain the same. This means only UDBE firms will continue to count toward those projects. On projects with goals set after October 1, 2020, all DBE firms will count toward all DBE goals. For more information, please contact (360) 705.7090. WSDOT continues to implement a Small Business Enterprise Program on federal aid -projects. For more information on how to use the Directory of Certified Firms to find certified Small Businesses, please visit: htt51/�yv sdot,w, ,gM � '- earch-)nstructk ns,pdf Search Parameters CERTIFICATIONS BUSINESS NAME/DBA Search Results Disadvantaged Business Enterprise (DBE) Minority Business Enterprise (MBE) Minority/Women Business Enterprise (MWBE) Small Business Enterprise (SBE) Socially and Economically Disadvantaged Business Enterprise (SEDBE) Women Business Enterprise (WBE) TUCCI & SONS, INC. inf Edit Parameters 0 firms with 0 certifications found Your search parameters did not return any matches. Click Edit IPairareteirs, modify the information in the fields above and click Search A;;aiin. 237 238 COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared by Mayor's review Council review 06/27/22 JR ITEM INFORMATION ITEM No. Spec 3.G. 239 STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 06/27/22 AGENDA ITEM TITLE Public Contract Works Fleet and Facilities Tenant Improvement Project 18-197, Amendment No. 5 CATEGORY ❑ Discussion Mtg Date Motion Date 06/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Mtg SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police aPit ❑Court SPONSOR'S SHKS Architects is performing architectural design and planning services for the Public SUNLVARY Works Project as part of the Tukwila Public Safety Plan. Amendment No. 5 is for services which includes design and construction oversight for the roofing enhancement, envelope painting/repair, and addition of detached storage buildings at the Public Works Fleet and Facilities property. Council is being asked to approve Amendment No. 5 with SHKS Architects in the amount of $130,000.00 with a total contract amount of $1,056,390.00. REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRIJLLER ❑ LTAC DATE: 06/21/22 RECOMMENDATIONS: SPONSOR/ADMIN. COMMII Public Works Department Approval; Forward to Special Consent Agenda IEE Unanimous COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $130,000.00 $10,750,008 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/27/22 MTG. DATE ATTACHMENTS 06/27/22 Informational Memorandum dated 06/17/22 SHKS Architects Amendment No. 5 SHKS Architects Scope of Work and Fee — EXHIBIT A Minutes from T&I Committee meeting of 06/21/22 (to be distributed separately) 239 240 City of Tukwila Alton Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director / City Engineer BY: Justine Kim, Senior Project Manager, Shiels Obletz Johnsen, Inc. CC: Mayor Allan Ekberg DATE: June 17, 2022 SUBJECT: Public Works Fleet and Facilities Tenant Improvement Project Project Number 91630601, Contract 18-197, Amendment No. 5 ISSUE Approve Amendment No. 5 to Contract No. 18-197 with SHKS Architects for the Public Works Fleet and Facilities Tenant Improvement Project. BACKGROUND The City Council adopted a Combined Public Works Shop Capital Project as part of the City's Public Safety Plan. This project was most recently updated in the 2021-2022 Adopted Budget. The City chose a site in 2017, purchased properties in 2018 and began Phase 1 design and construction in 2019. Additional funding is needed for the Public Works Fleet and Facilities Tenant Improvement Project (Phase 1 of the Public Works Shop) of $1 million to complete exterior work (roofing work, exterior envelope, and covered storage), as was discussed at Transportation and Infrastructure Services Committee on April 4, 2022. At the April 11, 2022 Committee of the Whole meeting, Council provided their consensus to proceed with this funding plan as outlined. This amendment is one of the steps in proceeding with the funding plan, specifically related to architectural services. The City of Tukwila hired SHKS Architects to perform architectural design and planning services for the Public Works Project as part of the Tukwila Public Safety Plan, in the amount of $299,997.00. Amendment No. 1 was for additional services and fees for preparing permit and bid documents, obtaining demolition permits, and construction contract administration for the demolition of two existing buildings on the City of Tukwila Public Works future site, in the amount of $16,500.00. Amendment No. 2 provided Schematic Design, Design Development, Construction Documents, Bidding, Construction Administration, and Project Closeout services related to Public Works project in the amount of $570,768.00. Amendment No. 3 provided continued construction administration time beyond basic services, in the amount of $39,125.00. Amendment No. 4 was a no cost, time extension amendment to extend the contract end date to December 31, 2022. ANALYSIS Amendment No. 5 is for services which includes design and construction oversight for the roofing enhancement, envelope painting/repair, and addition of detached storage buildings at the Public Works Fleet and Facilities property. These services will include preparing design, permit (as applicable) and Request for Change Order Proposal documents for the Tukwila Public Works Shops roofing enhancement, envelope painting/repair and detached storage buildings project. FISCAL IMPACT The expenditures associated with these tasks are anticipated and are included in the Council approved project budget. SHKS Architects has provided an hourly cost, not to exceed $130,000.00, to perform the additional services in Amendment No. 5. The total contract amount will now be $1,056,390.00. 241 INFORMATIONAL MEMO Page 2 A. Original Contract — Master Planning & Programming $299,997.00 B. Amendment No. 1 — Bid documents, demolition permits & construction contract administration $16,500.00 C. Amendment No. 2 — Schematic Design, Design Development, Construction Documents, Bidding, Construction Administration, and Project Close -Out $570,768.00 D. Amendment No. 3 —Additional Construction Administration, Tukwila Public Works Scope additions/revisions $39,125.00 E. Amendment No. 4 — No Cost, Time Extension Only $0.00 F. Amendment No. 5 — Design/Construction oversight for Roofing Enhancement, Envelope Repair, Addition of Detached Storage Buildings $130,000.00 New Contract Amount $1,056,390.00 RECOMMENDATION Council is being asked to approve Amendment No. 5 to Contract No. 18-197 with SHKS Architects in the amount of $130,000.00 and to consider this item on the Consent Agenda of the June 27, 2022, Special Council Meeting. Attachments: SHKS Architects Amendment No. 5 SHKS Architects Scope of Work and Fee — EXHIBIT A Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 242 J Ir 19oa City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 18-197(e) CONTRACT FOR SERVICES Amendment No. 5 Between the City of Tukwila and SHKS Architects That portion of Contract No. 18-197 between the City of Tukwila and SHKS Architects is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform Architectural Design, Planning and Close -Out services in connection with the project titled Tukwila Public Works Facility project ("Project"). Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 4 Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $1,056,390 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for additional services related to Amendment No. 5 are $130,000. All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA day of , 2022 Allan Ekberg, Mayor ATTEST/AUTHENTICATED Christy O'Flaherty, MMC, City Clerk CA Revised December 2016 CONSULTANT Jonathan Hartung, Principal APPROVED AS TO FORM Office of the City Attorney Page 1 of 1 243 EXHIBIT A SHKSARCHITECTS June 09, 2022 Justine Kim Shiels 1 Obletz 1 Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 Re: CITY OF TUKWILA PUBLIC WORKS Dear Justine, The following proposal for services includes design and construction administration for the roofing enhancement, envelope repair, and addition of detached storage buildings at the Tukwila Public Works Fleet and Facilities property. These services include preparing design, permit (as applicable) and Job Order Contract bid documents, for the Tukwila Public Works Shops Envelope repair/replacement and detached storage buildings project. Please do not hesitate to contact us with any questions you may have. cc: file Seattle, WA 1 Burlington, VT www.shksarchitects.com 244 ADDITIONAL SERVICES FEE PROPOSAL Project Name CITY OF TUKWILA PUBLIC WORKS Date Submitted June 09, 2022 EXHIBIT A SHKSARCHITECTS Revision Number: 4 PROJECT UNDERSTANDING Basic services include design, permit, construction documents, bidding, and limited construction phase services for the Tukwila Public Works Shops Envelope repair/replacement and design review/coordination of the detached storage buildings. Our scope of work includes renovations to the existing building and design review of stand- alone storage structures. Renovations include: roof retrofitting (membrane roofing installed over existing root), exterior envelope repair and replacement (replacement of existing metal cladding to +/- 8 feet, repair of existing metal panel above, and painting of building), and manufactured steel platform at generator. Storage structure design review consists of review of supplier/manufacturer provided drawings and coordination/review of the design to meet operational requirements of the City. It is our understanding that The City of Tukwila has elected to perform this work utilizing a Job -Order -Contractor. Basic services include architectural, structural, and envelope consulting services. Basic service meetings are limited to three (3) meetings during Design, four (4) meetings during Construction Documents, and monthly meetings during Construction. Each meeting is budgeted for two hour including travel time. All meetings are scheduled to occur at TPW offices. Meetings during design and construction documents beyond (7) identified above, are an additional service. Meetings during construction beyond (3-SHKS, 12 — Envelope Consultant), are an additional service. SCOPE OF SERVICES & DELIVERABLES — ENVELOPE REPAIR 1. Design • 100% Design Drawings and outline specifications • 100% Design Cost Plan • Permit submittal including drawings, calculations and revisions (as necessary) 2. Construction Documents • 100% Bid Documents (drawings and specifications) • 100% Bid Documents Cost Plan 3. Bidding (Job -order Contractor) • Coordinate issuance of bid documents • Respond to bidder questions • Clarify bid documents 4. Construction Phase Services • Envelope Consultant to perform weekly (assumes 12) job walks/issue field reports to confirm construction in accordance with design intent • Attend monthly meetings with JOC and owner to review progress • Perform punch walk and issue punch list 245 EXHIBIT A SHKSARCHITECTS SCOPE OF SERVICES & DELIVERABLES — STORAGE STRUCTURE DESIGN REVIEW 1. Design • Review manufacturer/supplier provided documents • Confirm/coordinate with City of Tukwila that the design meets operational requirements • Attendance at (2) meetings with owner • Civil Engineering for grading, site drainage. 2. Construction Documents • Review construction documents for design intent conformance MAXIMUM ALLOWABLE CONSTRUCTION COST (MACC) The anticipated maximum allowable construction cost (MACC) for the Envelope Repair project is $1,100,000. BASIC SERVICE FEE We have based our fee proposal on the State of Washington A/E Fee Schedule for Public Works Building Projects. Based on the scope and deliverables we have prorated the fee and percentage, the fixed fee for basic services is $130,000. Should the cost of construction exceed the anticipated MACC we will request additional compensation as necessary. REIMBURSABLES: Expenses in addition to compensation for Basic Services include expenses incurred by the Architect directly related to the Project. Expense costs to be reimbursed by the Client may include but are not limited to the following: printing, courier fees, mileage, permit fees, other fees, presentation materials, models, visualizations, and photography. The Architect shall seek prior authorization from the Owner for these expense costs. For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect plus « Ten » percent («10 » %) of the expenses incurred. The estimated reimbursable expenses for this project are $500. EXCLUSIONS Construction administration phase services and project closeout are excluded. SUMMARY OF FEES Envelope Repair/Replacement: $85,000 Civil Engineering: $10,000 ALLOWANCE Envelope Consultant: $25,000 ALLOWANCE Storage Structure Design Review: $9,500 Reimbursables: $500 Total: $130,000 RATES Rates are hourly, in accordance with the rates stated in City Project No. 91630601, Contract 18-197. SCHEDULE Design 04/01/22 through 05/13/22 Construction Documents 05/16/22 through 06/17/22 Bidding 06/20/22 through 07/13/22 246 EXHIBIT A SHKSARCHITECTS Construction TBD 247 248 COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared by Mayor's review Council review 06/27/22 JR ITEM INFORMATION ITEM No. Spec 3.H. 249 STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 06/27/22 AGENDA ITEM TITLE Public Contract Works Fleet and Facilities Tenant Improvement Project No. 16-179, Amendment No 5 CATEGORY ❑ Discussion Mtg Date Motion Date 06/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Mtg SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police aPit ❑Court SPONSOR'S Shiels Obletz Johnsen (SOJ) is performing Project Management services for the Public SUNLVARY Safety Plan Project. Amendment No. 5 services include Construction Administration (CA) on the Fleets and Facilities Building roof enhancement, envelope painting/repair, and the addition of detached storage buildings scope of work. Council is being asked to approve Amendment No. 5 to Contract No. 16-179 with SOJ in the amount of $84,901.00 with a total contract amount of $3,439,372.65. REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRIJLLER ❑ LTAC DATE: 06/21/22 RECOMMENDATIONS: SPONSOR/ADMIN. COMMII Public Works Department Approval; Forward to Special Consent Agenda IEE Unanimous COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $84,901.00 $10,750,008 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/27/22 MTG. DATE ATTACHMENTS 06/27/22 Informational Memorandum dated 06/17/22 Shiels Obletz Johnsen Amendment No. 5 Shiels Obletz Johnsen proposal for services with Scope of Work and Fee Minutes from T&I Committee meeting of 06/21/22 (to be distributed separately) 249 250 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Direct City Engineer INFORMATIONAL MEMORANDUM TO: Transportation & Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Justine Kim, Senior Project Manager, Shiels Obletz Johnsen, Inc. CC: Mayor Allan Ekberg DATE: June 17, 2022 SUBJECT: Public Works Fleet and Facilities Tenant Improvement Proiect Project No. 91630601, Contract No. 16-179, Amendment No 5 ISSUE Approve Amendment No. 5 to Contract No.16-179 with Shiels Obletz Johnsen (SOJ) for the Public Works Fleet and Facilities Tenant Improvement Project. BACKGROUND The City Council adopted a Combined Public Works Shop Capital Project as part of the City's Public Safety Plan. This project was most recently updated in the 2021-2022 Adopted Budget. The City chose a site in 2017, purchased properties in 2018 and began Phase 1 design and construction in 2019. Additional funding is needed for the Public Works Fleet and Facilities Tenant Improvement Project (Phase 1 of the Public Works Shop) of $1 million to complete exterior work (roofing work, exterior envelope, and covered storage), as was discussed at Transportation and Infrastructure Services Committee on April 4, 2022. At the April 11, 2022, Committee of the Whole meeting, Council provided their consensus to proceed with this funding plan as outlined. This amendment is one of the steps in proceeding with the funding plan, specifically related to construction management services. City of Tukwila hired SOJ to perform Project Management services for the Public Safety Plan Project. The initial contract amount and Amendment No. 1 was $3,187,614.00. Amendment No. 2 was a no cost time extension, through December 31, 2021, only. The table below shows the original contract breakdown of fees dedicated to each project (These numbers include Amendment No. 1). Amendment No. 3 included SOJ's Construction Administration Management services on the Phase I Tenant Improvement Project work at the new Public Works location. Amendment No. 4 covered SOJ's continued assistance with the Tenant Improvement Project Construction Administration through pandemic related schedule delays and the concrete strike, bringing the total current contract amount to $3,354,471.65. The budget table under Fiscal Impact shows the breakdown of each amendment. Justice Center (Opened summer of 2020) $1,954,091.00 Fire Station 51 (Opened summer of 2020) $337,155.00 Fire Station 52 (Opened spring of 2021) $524,663.00 Fire Station 54 (Site procurement completed 2018) $100,000.00 Public Works (Site procurement 2018 and Master Plan 2019) $271,705.00 TOTAL (including Amendment No 1) $3,187,614.00 ANALYSIS SOJ has provided a proposal for Amendment No. 5. These services include Construction Administration (CA) on the Fleets and Facilities Building roof enhancement, envelope painting/repair, 251 INFORMATIONAL MEMO Page 2 and addition of detached storage buildings scope of work. This amendment covers SOJ's efforts from July 2022 through December 2022. FISCAL IMPACT The expenditures associated with these tasks are anticipated and are included in the Council approved project budget. SOJ has provided a proposed amount of $84,901.00 to perform the services in Amendment No. 5. The table below shows the initial contract amount, previous amendments, new proposed amendment amount, and the new not to exceed total of $3,439,372.65. Public Safety Plan Project Original Contract Amount for Public Safety Plan $2,694,716.00 Amendment No 1 - (Additional scope to all project sites) $492,898.00 Subtotal (up to Amendment No 1) $3,187,614.00 Amendment No 2 - (No cost time extension) $0.00 Amendment No 3 - (PW Fleets and Facilities CA) $127,617.65 Amendment No 4 — (Cont. PW Fleets & Facilities CA) $39,240.00 Subtotal (up to Amendment No 4) $3,354,471.65 Amendment No 5 — (PW Fleet & Facilities Roof Enhancement, Exterior Scope CA) $84,901.00 New Total Contract Amount $3,439,372.65 RECOMMENDATION Council is being asked to approve Amendment No. 5 to Contract No. 16-179 with Shiels Obletz Johnsen in the amount of $84,901.00 and to consider this item on the Consent Agenda of the June 27, 2022, Special Council Meeting. ATTACHMENTS: Contract Amendment No 5 to Contract #16-179 with SOJ Shiels Obletz Johnsen proposal for services with Scope of Work and Fee Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 252 J Ir 19oa City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:16-179(e) CONTRACT FOR SERVICES Amendment No. 5 Between the City of Tukwila and Shiels Obletz Johnsen, Inc. That portion of Contract No. 16-179 between the City of Tukwila and Shiels Obletz Johnsen, Inc. is hereby amended as follows: Section 1 Proiect Designation: The Consultant is retained by the City to perform Project Management services in connection with the project titled Tukwila Public Safety Plan and PW Fleets and Facilities Building Tenant Improvements Projects. Section 2 Scope of Services: The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2022, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2022 unless extension of such time is granted by writing by the City. Section 4 Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $3,439,372.65 (including estimated expenses) without express written modification of the Agreement signed by the City. The total fee for additional services related to Amendment No. 5 are $84,901. All other provisions of the contract shall remain in full force and effect. Dated this day of , 2022. CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Brad Tong, Managing Director ATTEST/AUTHENTICATED APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Revised December 2016 Page 1 of 1 253 EXHIBIT A s 0 j June 09, 2022 Hari Ponnekanti Director of Public Works 6200n Southcenter Blvd. Tukwila WA 98188 Project: Tukwila Public Works — Fleets and Facilities (Heiser Building Tenant Improvement) Subject: Proposal for Construction Administration Management Contract Amendment Dear Hari: SOJ is please to submit our proposal to continue to assist with the Fleets and Facilities Heiser Building Tenant Improvement Project Construction Administration on the roof enhancement, envelope painting/repair and addition of detached storage buildings scope of work. Fee $84,901 (including $3,000 of reimbursable expenses) for continued assistance with the management of the roof enhancement and exterior scope of the Heiser Building, being executed by Lincoln Construction Company and SHKS architects. Duration We are forecasting that this proposal covers our efforts from July 2022 through December 2022. Scope of Services • Overseeing the construction progress toward roof enhancement, envelope painting/repair and addition of detached storage buildings scope of work. We appreciate your consideration of the above and look forward to your response. Sincerely, Justine Kim Partner / SOJ Cc: File 254 s 0 Public Works Fleet and Facilities - Roofing and Exterior Scope EXHIBIT A 6/9/2022 2022$ Rates July August September October November December Total Hrs Rates are 2022$ Justine Kim Est. Hours Billing Rate: $239/hour $ 239 42 42 42 42 42 41 251 $59,989 Matt Strutynski Est. Hours Billing Rate: $83/hour $ 83 44 44 44 44 44 44 264 $21,912 Equivalent FTE: Reimburseable Expenses 500 500 500 500 500 500 Total for Amendment No 5: $81,901 $3,000 $84,901 256 COUNCIL AGENDA SYNOPSIS Initials MeetingDate Prepared by Mayor's review Council review 06/27/22 JR ITEM INFORMATION ITEM No. Spec 3.1. 257 STAFF SPONSOR: HARI PONNEKANTI ORIGINAL AGENDA DATE: 06/27/22 AGENDA ITEM TITLE Public Contract Works Fleet and Facilities Tenant Improvement Project No. 21-046, Change Order No. 15 CATEGORY ❑ Discussion Mtg Date Motion Date 06/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Mtg SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police aPit ❑Court SPONSOR'S The project architect is currently completing the documents for the exterior scope of work, SUNLVARY and the project team is negotiating the Change Order. However, due to the current market conditions, which include supply chain disruption and price increases, ordering the roofing materials now would be advantageous, so a recommendation to move forward with this Change Order is being presented. Council is being asked to approve Change Order No. 15 with Lincoln Construction in the amount of $339,441.00 for roofing materials. REVIEWED BY a Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRIJLLER ❑ LTAC DATE: 06/21/22 RECOMMENDATIONS: SPONsoR/ADMIN. COMMIT Public Works Department Approval; Forward to Special Consent Agenda IEE Unanimous COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $339,441.00 $10,750,008 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/27/22 MTG. DATE ATTACHMENTS 06/27/22 Informational Memorandum dated 06/17/22 Lincoln Construction Change Order Minutes from T&I Committee meeting of 06/21/22 (to be distributed separately) 257 258 TO: FROM: By: CC: DATE: SUBJECT: City of Tukwila Public Works Department - Hari Ponnekanti, City Engineer Engineer INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee Hari Ponnekanti, Public Works Director/ City Engineer Justine Kim, Senior Project Manager, Shiels Obletz Johnsen, Inc. Mayor Allan Ekberg June 17, 2022 Public Works Fleet and Facilities Tenant Improvement Project Project No. 91630601 Contract No. 21-046, Change Order No. 15 Allan Ekberg, Mayor Issue Approve Change Order No. 15 to Contract No. 21-046 with Lincoln Construction, Inc. for the Public Works Building Tenant Improvements Project for ordering of roofing materials due to a long lead time. Background The City Council adopted a Combined Public Works Shop Capital Project as part of the City's Public Safety Plan. This project was most recently updated in the 2021-2022 Adopted Budget. The City chose a site in 2017, purchased properties in 2018 and began Phase 1 design and construction in 2019. Additional funding is needed for the Public Works Fleet and Facilities Tenant Improvement Project (Phase 1 of the Public Works Shop) of $1 million to complete exterior work (roofing work, exterior envelope, and covered storage), as was discussed at Transportation and Infrastructure Services Committee on April 4, 2022. At the April 11, 2022 Committee of the Whole meeting, Council provided their consensus to proceed with this funding plan as outlined. This Change Order is one of the steps in proceeding with the funding plan, specifically related to the roofing work. The Public Works Fleet and Facilities Tenant Improvement Project scope includes seismic upgrades, plumbing and electrical, fire protection, HVAC upgrades, and interior offices, locker rooms, and showers. The project is complete, and the Fleets and Facilities division will begin the move -in process in the coming weeks. The project team is in the process of negotiating the Change Order for the roofing enhancement scope of work, among other exterior work, which was approved to proceed by the Council in April of 2022. The project team was informed that the roofing material to be installed are impacted by Covid-19 pandemic related supply chain disruption and it will take between 12 to 16 weeks for delivery from the order date. We also learned that the same material cost is estimated to increase between 8% to 15% in the next two months. Thus, we recommend moving forward with this Change Order now to avoid the anticipated cost increase. Analysis The project architect is in the process of completing the documents for exterior scope of work, and it will take a few more weeks to perform due diligence to arrive at a fair, negotiated Change Order amount with Lincoln Construction. While waiting for the final negotiated number, it will be most advantageous for the City to approve ordering of the roofing materials that have a long lead requirement due to the Fleet & FacilityServices- 14000 Interurban Avenue, Tukwila, WA 98168 - 206-431-0166 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwiIQWAgov 259 INFORMATIONAL MEMO Page 2 current market conditions. The attached draft Change Order has details of the material components that are required to perform the roofing enhancement work. The table below describes the current construction contract with Lincoln Construction, Incorporated from the original contract to the current contract sum to date as of May (including sales tax). As a reminder, at the time of bid award, Lincoln Construction was the third lowest responsive bidder after two other contractors rescinded their bids due to error. One of the conditions requested by Lincoln Construction of accepting the award was to exclude the Bid Alternate for the roof enhancement scope. This was due to Lincoln's Bid error associated with the Alternate. Fiscal Impact The expenditures associated with these tasks are anticipated and are included in the Council approved project budget. Lincoln Construction has provided a proposed amount of $339,441.00 for the purchase of roofing materials. The table below shows the initial contract amount, previous Change Orders, the new proposed Change Order amount, and the new contract total of $6,204,595.72. Lincoln Construction Contract Original Contract $ 4,427,221.00 Total Change Orders to Date (Including May) $ 899,895.00 Total Contract Sum to Date $ 5,327,116.00 Sales Tax $ 538,038.72 Subtotal (through Change Order #14) $ 5,865,154.72 Change Order #15 for Roofing Enhancement (Materials Only) $ 339,441.00 New Contract Amount $ 6,204,595.72 Council Approved Maximum Construction Budget (Tenant Improvement + Roof/Exterior Scope) $ 7,982,180.86 Remaining Amount of Council Approved Construction Budget after Change Order #15 $ 1,777,585.14 Next Steps Order the roofing material and complete the documents for the 20 -year roofing system upgrade, and other exterior scope of work and bring the negotiated Change Orders to Council for approval. Recommendation Council is being asked to approve Change Order No. 15 to Contract No. 21-046 with Lincoln Construction in the amount of $339,441.00 for roofing materials and to consider this item on the Consent Agenda of the June 27, 2022, Special Council Meeting. Attachment: Lincoln Construction Change Order Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 260 T0: CITY OF TUKWILA CONTRACT CHANGE ORDER NO. 15 DATE: 6/13/2022 PROJECT NO.: 91630601 PROJECT NAME: PW Fleet & Facilities BUDGET NO.: 306.98 CONTRACT NO.: 21-046 (o ) Sheet 1 of 1 You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract: NOTE: This change order is not effective until approved by the "Owner" and a notice to proceed is issued. Conditions: A. The following change, and work affected thereby, are subject to all contract stipulations and covenants; B. The rights of the "Owner" are not prejudiced; ��� C. All claims against the "Owner" which are incidental to or as a cor�,setuence this change are waived; and n Q �� D. The Contractor must submit all Field Overhead and H, r�(e Office -�� ead Rate k�� for approval in advance of all change orders. ������//lb CHANGE: See Attached Exhibit "A" We the undersigned Contractor, have"d,in careful", defion t approved, that we will provide all ipment 9��i // necessary for the work abo���"pecified,�� % ' I ACCEPTED: Date By Contractor 'ch Je propo ed'and hereby agree, if this proposal is rS Y 9 p p pt as ma ttferwise be noted above, and perform all services Ment theefdre the prices shown above and below. Original Contract (without tax dog Previous Change Order This Change Order (without tax) REV. CONTRACT AMOUNT /,Title 4,427,221.00 $ 899,895.00 $ 339,441.00 $ 5,666,557.00 Original Contract Time: 242 days (December 3, 2021) Additional Contract Time from previous Change Orders: 129 days Additional Contract Time for this Change Order: 0 days Updated Contract Time: 371 days (April 11, 2022) APPROVED BY THE CITY OF TUKWILA Date By Mayor Public Works Director SOJ Program Director ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w/encumbrance) Project Management File PW Project Finance File *The original contract value is construction only and does NOT include preconstruction or amendments to preconstruction. 261 Exhibi 'A" E 0 RDE- TUKWILA S_ A Y 0F C RANG E - Public Works (PW) Fleet & Facilities PW Fleet & Facilities CO # 015 onor ;��o C RANG CITY OF Project Name Project # TO CONTRACTOR: 91630601 Contract # 21-046 (o) Date 6/13/22 Lincoln Construction, Inc 11803 101st Ave Ct E, Suite 201 Puyallup, WA 98373 COP/CCD # Description Reason Code Amount COP 118 Roofing Materials for West and East Roofs. The cost for roofing materials only, for complete re -roof per discussions and meetings for both East and West roof. Offloading by City of Tukwila, storage by City of Tukwila. Assumed storage in East shop. Please note there will be an assumed increase in material costs in the next 2 months anticipated between 8% and 15%. OC $339,441.00 /ft i f 111/, d�Jle, �''�ll����., Change �1 �� No. 015 S339,441.00 262 CHANGE PROPOSAL REQUEST Public Works Fleet and Facilities To: City of Tukwila Attn.: Tukwila Public Works Fleet & Facilities Buildin; A. TOTAL MATERIAL/EQ BASE COST $ Lincoln Construction COP NO: CCD/PR No.: Date: 6/13/2022 Project: LCI Project No.: 118 1239 B. TOTAL LABOR COST $ SUBTOTAL C. OVERHEAD AND PROFIT (13%) $ SUBTOTAL D. SUBCONTRACT COST E. OVERHEAD AND PROFIT ON SUBCONTRACT COST (6%) SUBTOTAL „/%; ,, 310,00 gra'"'. 186 10 $ H. BOND (GC NLY) SUBTOTAL 9,886.62 329,554.00 9,886.62 TOTAL CHANGE PROPOSAL COST 1 $ 339,441 CONTRACT TIME ADJUSTMENT (DAYS) TBI) Lincoln Construction, Inc. CONTRACTOR 6/13/2022 DATE 6efr ta4 ;Zeow476c 9 u Tom Romberg 01114.00 g3.3 (2) 263 Lincoln Construction Change Order Request To: City of Tukwila Owner COP/CCD/PR #: Re: Public Works Fleet and Facilities Date: 6/13/2022 COP #: 118 Please provide a change order for the following work: Roofing materials only for complete re -roof per discussion ,///and me g fo , f- th East and West ro . Offloading by m' (j/ City of Tukwila, storage by City of Tukwila. Assume storage in Ea op j Please note there will be an assumed increase ateriaJ �s is in � �,xt 2 ma -q hs antics„meted between 8% and 15%. Total price per attached breakdown: State and local sales f jx: Extension of time: 339,441 / includE X not included This price is good for 264 TED We have proceeded with the work Work will not proceed without formal authorization 5 days from the above date, after which this request is subject to revision. Sincerely, -740,444 l Roodev - pzo/ert, lit-apia yen Lincoln Construction CHANGE ORDER REQUEST SUMMARY Public Works Fleet and Facilities DESCRIPTION: LABOR PROJECT MANAGER COP: 118 Owner COP/CCD/PR #: REV: 000 DATE: 6/13/2022 HOURS SUPERINTENDENT ASSISTANT SUPERINTENDENT CARPENTER -Concrete Form and Pourback LABORER SUBTOTAL RATE 95.00 88.95 77.15 75.85 67.72 TOTAL SMALL TOOL ALLOWANCE @ 0.0% SUBTOTAL MARK-UP @ TOTAL LABOR 13.Q9,e/' MATERIALS/EQUIPMENT PHASE CODE UNITS / RATE SUBTOTAL USE TAX ON MATERIALS AND EQUIPMENT MARK-UP @ TOTAL MATERIAL/EQUIPMEI T' SUBCONTRACTS Wayne's Roofing °,,, SUBTOTA// O„ X;% j 0.00 = $ iii / 0.00 = $ /n X 0.00 j /�• 0.00/ /,/ $s 0.0% $ d 13.0% /��� $ / $ RATE jj1 X = $ 1X 310,900.00 = $ 310,900.00 / 1 X = $ 1 X = $ X = $ X = $ X = $ $ 310,900.00 MARK-UP @ „ / Sub Direct Cost 0 6.0% Less Sub Fee $ 18,654.00 $ 329,554.00 TOTAL SUBCONTRACTS PROPOSAL SUBTOTAL BONDS/Liability/Builders Risk/B&O Tax PROPOSAL TOTAL 3.000% $ 329,554.00 $ 9,886.62 $ 339,440.62 Updated: 9/30/2011 Page 4 of 6 265 BREAKDOWN OF COST WAYNE'S ROOFING,INC. Po Box 2287 Sumner, WA 98390 NI ii/ Fla 1'40 JOB NAME Tukwila Public Works Fleet & Facilities Building DATE 6/13/2022 CR DESCRIPTION: PVC Roof Materials JOB NO PVC Roofing Materials QTY UNIT DESCRIPTION ITEM COST TOTAL SUB EQUIP LABOR MATERIALS 4,950.00 PC EPS Flute Filler Insulation $5.85 $28,957.50 421.00 SQ 1/2" HD Coverboard $94.50 $39,784.50 23.00 PAIL 4" Fasteners $254.00 $5,842.00 8.00 PAIL 9" Fasteners $254.00 $2,032.00 44.00 BX 3" Insulation Plates $150.00 $6,600.00 50.00 SQ 3.3" Polyiso Insulation $167.31 $8,365.50 29.00 SQ Q-Panel Tapered Panel Insulation $95.13 $2,758.77 55.00 SQ 2" Polyiso Insulation $101.40 $5,577.00 5.00 PAIL SA-Prmer $216.95 $1,084.75 8.00 RL SA Vapor Barrier $299.69 $2,397.52 50.00 RL Duro-Fleece 60m1 light gray 10'x100' $1,360.00 $68,000.00 9.00 RL Duro -Last 60m1 Light gray -2'8"x100' $333.75 $3,003.75 91.00 PAIL WB 11 Adhesive $192.20 $17,490.20 30.00 RL 12" Duro -Last Stripping $125.00 $3,750.00 100.00 EA Term Bar $7.00 $700.00 1.00 PAIL Term Bar Fasteners $179.00 $179.00 3.00 PAIL Membrane Plates $400.00 $1,200.00 7.00 EA Inside Corner $4.4,5,"""' $31.15 129.00 EA Outside Corner ..60 $722.40 20.00 EA Stack Flashing //'$11.25 $225.00 10.00 BAG T-Joints /v $8.99 $89.90 32.00 SHEET Vinyl Coated Metal 4'X10' w $186.00 $253.50 0,952.00 $1 x 07.50 5.00 CASE Caulking 30/Case 38 00 EA Walkpads 30"x60" $24.35 $ 25.30 19,800.00 LF Vinyl Ribs - 24"oc % /t $2.99 $5902.00 1.00 LS Freight A $3,600.00 )8;600.00 ii/ ,i// HR PROJECT MANAGER / f / '$ 130.00 i// // HR ROOFER STANDARD1AgoR RATE //4,,,,,,, $82.7"/ HR ROOFER OVERT))1161ABOR RATE;„/„0' //& „%„ $),14(04 eL DAY ,�)i("CREWCA6/ ' (firlC ER D %'ilr $299.00 /9)D Yr 2 TON FL FD/DUM R „(PER DAY) ,, / $696.00 AY 23 TON BO6f, RUC f;ER TAY) /, i $961.00 AY 6K-8K REAC r R 0 (PER DAY) k OTHER PARKING FEES" EFS CONSUMABLES ,/ TN `%. DISPOSAL�/," 1,, $200.00 LS ,,, /// COUNTY TOTAL MATERIALS $269,737.74 KING TOTAL LABOR TOTAL EQUIPMENT WRI PM SUBTOTAL $269,737.74 AARON LEONARD 13.00 % OH / PROFIT $35,065.91 TOTAL MATERIAL LABOR & EQUIP. $304,804 GC COP # TOTAL SUBCONTRACTOR N/A 10.00 % OH / PROFIT TOTAL SUBCONTRACTOR WRI CR# 2.00 % INSURANCE $6,096.07 001 % BONDING TOTAL PRICE 310,1 00 266 Tukwila - CR 6/13/2022, 9:50 AM 111111111 111111111 Ing " 19111111 ,11,11111, 11111 1111111, ' 00111:, 1111.0111,111 1101,, 1,1,11,11. ,1111 0111111 1111114 „ „... '1"111— 1,1", :I, • , •10•:• t, • •',„ • • ',••",, „ 10100". Today's Date: 4 Project. Number:. 10011'9 Customer: Customer #: 525 Morey Drove Saginaw, MI 48601 (989) 753-6486 (800) 248-0280 FAX (989) 753-4472 FAX (800) 431-9331 -- Job Name: FLEET 11001,11l1.111111S Address: City: 'FL) Ship to: State: Zip: Contact: Taken By: Phone: gilillidlt:L6,1:1miseImIlfill'Ll Nita ,,it,1111'1,1,1,,,Lmolcati3O,,LL,d LL 11Pfilill 1°'t ,n1' iNSUF0AM 14 EPS BEVE L CUT X 1,011111111,1 14. am myr,ofxrp911111,1111m,,,,r401,H, r 1,1j,,,,,111YTN11.1•111, 495 5. ,amigh1,111,11,,,'111'g11.1,,111.1;11d1i411111k11111,\,11,11 .0 Tj °fl ' ,IMPTO76:777 BEFORE EMI. flokroAti. 51 VERIFY PIECE COUNTS OfFONEOTETIEO-IN! Fuel Surcharge INLUDED Taxes Not Included Net30 IfilainIONSOMESSIMMOMMOMMIMMINNOMINSWIANNOWN IMUNAMOM *4x4 Pallet uses one spot - 4x8 Pallet uses Misc Notes: spots • , • If you have any further questions, please call NINA WENDLAND at (800) 248-0280 - Ext: 2234 „iftermr inctlf a r, , 4104,10 267 1.11) ,pppo !)11111.111. 4 )1) 4.1". 4, 444 1. 44, . 4,••••• '',N1 ,:' GM,' 16, 'Ili:No., ./11 Today's Date: / Project Number: 1 J1.9 " Customer: 575 Morely Drive Saginaw:, MI 48601 (989) 753-6486 (800) 248-0280 FAX (989) 753-4472 FAX (800) 432-9331 Expiration Date: 711 Customer #: Job Name: Address: r City: Ship to: State: Zip: f..) Contact: Phone: Email: ID Taken By:'P‘,1',A Ililliglir'Rgr'' UNIVII':,'"", 6011 )4Ado4444,44,1,i46, itialiq 11,46 37399 Elpri:' ),11, lqiii,4046,,I,416141,hlog , ' RI HD PLCB3 001 mitivilimii, %,,,,f A),„ ,,,,i 1)) );111,111,4,11494"));;rripir,,,)),/1)(1910„rpl,, ,g Maiiimilidhvaiisom,w4444,64,,,„,,,44444)44,4,41bWkiimatNi,1,44° 0.5 -inch DG HO ISO 100 PSI 4)48 403..,2 S uar m''' ' rt lig ' 1 ' 941',',,,,h30 $3810240 ---- ..,. . ,...—...–, , 1 N„L.,., ,,' - 0 , ' , ' , %,,,,,,1 0, v,, P , ,, .02,2" ,.., ' , ,,, , , , .,.,...,„„._.„.,.........„. .............:_,...., 2 yon„ 40221,, AVM! . ,,„_111'''"" AI ....4.—.,.. ' ,_..,,„„. ,„ *EST NI,'''',‘„1, 3,433AD T,'',,„'„', '''.'.:'"''' -0 ,,I,','ICA N',I'l N --70c rn - _ — , ,PfiltiNivr- zo ON , :SHIePEO d BEFORE EXPIRATION DATE , ,,,,,,,, , , , , „ U ,RCHAGE SUBJECT TO CHANGE .... DATIME OF ORDER ' ," , .., , ,,,........_.„,,,,...........„,., , , .... ' " ' ' a...a. , Full Truck Freight '" Paiii311rUck Friliii 4307STA.ItS) 'Trryck Taxes Wot IrreiuTtiee 0 Trucks JOEOO ' ',,,3,;,,,300„00,_, illitigalliallaillikallainilittailiiilaiiNlijiiiilinalhaliallaillaillitaillailiPlanallainaltilialiallaillatil -:,13MItigtHilliall ----- Terms 2%10 Net 30,, 1 1" '1,1: ' ' " lik .„ " lalilialialalit *4x4 Pallet uses one spot - 4x8 Pallet uses two spots Misc Notes: If you have any further questtons, please call NINA WENDIAND at (800} 248-0280 - E 2234 110 268 .°2 0/ DURO-LAST® STANDARD MEMBRANE Please reference ac e 2 'for' temporary product lead time u dates, Description Mil White Tan/Gray/Dark Gray/ Terra Gotta* Roll Goods- 40 0.98/sq ft 1,00/ sq ft 60" Tabs/1213" Tabs 40 1. /sq ft .04/sq ft 28' Tab/Parapets 40 1.10/so ft 1,12/ sq ft Roll Goods* 50 1.11/sq ft 1.12/sq ft 60" 'Tabs/120" Tabs 50 1.15/so ft, 1.17/so ft 28" Tabs/Parapets 50 1.22/so ft 1.24/so ft Roll Goods"" 60 1.23/so ft 1.25/sq ft 60" Tabs/120" Tabs 60 1.28/so ft 1.30/so ft 28" Tabs/Parapets 60 1.35/so ft 1.38/sq ft 6" Round Patch (50 ct.) 10.00/bag 10.00/bag " Terra Gotta available n 50-K1or0y, *" RcAl Goods: Material that is 5°4' or less in width without custc,im fabrication, TERRA COTTA AVAILABLE IN THE FOLLOWING ACCESSORIES: Deseription Price Each Two,WayRoorVent 26.99 Plenum Vent 85.99 6" x 6" Inside Corner 6.25 6" x 6" Outside Corner 7.45 6" x 18" Inside Corner 860 6" x 18" Outside orner 10.80 " x 12" Outside Corner 12.45 6"x 6" Outside Butterfly 9.25 1"Stack 11.95 1 14" - 8" Stack 13.85' 9" - " Stack , /7.65 12"- 15" Stack 40 Z - 8" Drain , 267 SPECIAL DECK SHEWr A $.07/sq. ft. upch,arge wII be aped in the foilow ituatr 1. Tab spacing is not 28", 60" orl 20" tabs a 10-27" (28' pricing + $.07) \ a 29-59" tabs (60" pricing + $.07) • 61-119" tabs (120" pricing + $.47) /// 2. More than two reverses or last laps, Where iaoS/are iess than 60". 3. The fastening tab length is greater than 3". 4. Non -rectangular sheets O 10%28' tabs (28" pricing + 5.07) O 29-120" tabs (60" pricing + 5,07) *Only one $ 07/s ft charge applied per deck sheet. Max mum Sheet Sizes for 5' Tabs 40 -mil 2,500 sq. ft 50 -mil 2,000 sq. ft. 60 -mil 1,500 sq. ft. Maximum Sheet Sizes for 10' Tabs 40 -mil 50-m60- rni il 3,000 sq. ft. 2,500 sq. ft. 2,000 sq. ft. DURO-LAST STANDARD ROLL GOOD SIZES COLOR PAIL SIZE SQ FT WEIGHT ROLL PRICE White 40 54" x 150' 800 200 784.00 White 40 54" x 100' 534 115 523.32 White 40 54" x 50' 267 68 261.66 White 40 2'8" x 100' 267 68 261.66 White 40 8" x 100' 67 17 65.66 White 40 12" x 100' 100 25 98,00 Tan 40 54" x 100' 534 115 534,00 Tan 40 2'8" x 100' 267 68 267.00 Tan 40 12' x 100' 100 25 100.00 Gray 40 54" x 100' 534 115 534.00 Gray 40 28" x 100 267 68 267.00 Gray 40 12" *100' 100 25 100.00 Dark Gray 40 54" x 100' 534 115 534.00 Dark Gray 40 178" x 100' 267 68 267.00 Dark Gray 40 12" x 100' 100 25 100,00 COLOR MIL SIZE sa fT,'wiiat-rir ROLL PRICE White 50 54" x 100' ."64 172 (z 592,74 White 50 5'4".x0' 267 85 267 ' , 296.37 White 60 /24' x 100' 267 85 328.41 White 296.37 White ,'''50 8" r (' 67 22 60 12" x 100' ; 74.37 It!AI , /Tan 50 ,r, ri' PX , , 54" )6 t /I, '8" x 1 "I / 100 267 85 // / / 111,00 598.08 299.04 miEre a 12" x 100 , 5'4" x 100' 100 5 4'// 267 104 333.75 112.00 598.08 t<r% EMIT', e 28" x 1 0267 40 85 Gray 60 299.04 ray ' 50 12"4/100' 100 33 60 78" *100' 112.00 irk Gra e /54" x 100' 534 60 12" x 100' 100 598.08 Dark Gr , / / 2'8" x 100' 267 85 534 208 299,04 D deGra 12" x 100' 100 33 104 333.75 112,00 ,ferra Cotta Terra Cotta Terra Cotta 50 50 54" x 100' 2'8" x 100' 12" x 100' 534 267 100 172 85 33 598.08 299.04 112.00 . COLOR _ ML SIZE SQ FT WEIGHT ROLL PRICE White 60 54" x 100' 534 208 656.82 White 60 54" x 50' 267 104 328.41 _ White 60 2'8" x 100' 267 104 328.41 White 60 8" x 100' 67 26 82.41 White 60 12" x 100' 100 40 123.00 Tan _ 60 _ 54" x 100' 534 208 667.50 Tan 60 2'8' x 100' 267 104 333.75 Tan 1 60 12" x 100' 100 40 125 00 Gray 60 54" x 100' 534 208 667 50 Gray 60 78" *100' 267 104 333.75 Gray 60 12" x 100' 100 40 125.00 Dark Gray 60 5'4" x 100' 534 208 667.50 Dark Gray 60 2'8" x 100' 267 104 333.75 Dark Gray 60 12" x 100' 100 40 125,00 NOTE:Not stocked -Call far lead time, 02/0712022 6 Alt prices subject to change without notice. All prices listed are FOB in USD. Saginaw, MI • Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX • Ludlow, MA 269 DURO-FLEECE® COLOR 60 -MIL Please reference rmae 2 or tern ora )roduct lead time u dates Color Roll Size 1 Item # Sq. Ft. Price Price/Roll 680.00 Light Gray 5' x 100' 662050 1.36 ' 10xlQO' 662051 1.36 136000 , Charcoal 5' x 100' 662052 136 680.00 10xlOO' 662053 1.36 1,360.00 Patina 5' x 100 662054 1,36 680.00 10' x 100' 662055 36, . 360 00 Light Tan 5' x 100' 662056 1.36 680.00 10' x 100' 662057 1.36 1,360.00 Blue 5' x 100' 662062 1.36 680.00 10' x 100' 662063 1.36 1,360.00 Green 5' x 100' 662058 1.45 725.00 1,450.00 10' x 100' 662059 1.45 Copper 5' x 100' 662060 1.45 725.00 10' x 100' 662061 1.45 1 450.00 NOTES: . Nlin'mum order quant ty is 10,000 sq. ft. . NI shipments ship from Michigan facility. DURO-FLEECE® COLOR 80 -MIL Please reference nce 2 for temnorary nrodjct lead timell dates. Color Roll Size Item Sq. Ft. Price Plenum Vent (customer chooses vent color) Price/Roll Light Gray 5' x 65" 662070 L6" x 18" Inside Corner 1.50 6" x 18" Outside Corner 6.95 18" x 12" Outside Corner 487.50 10' x 65' 662071 1' Stack 1.50 11/.."-8" Stack 11.95 9"-11" Stack 975.00 Charcoal 5' x 65" 662072 15.99 1,50 8.99 1.25 105,00 487,50 10' x 65' 662073 1.25 1.50 5' x 100' 60 661462 975.0V Patina 5' x 65' 662074 661463 1.50 1250.00 5,99 1 -Patch 4"-6" Baq (50 ct.) 8067EV d481.50 10' x 65' 662075 1329 1.50 16.40 16" , 975,00 Light Tan Blue 5' x 65' 662076 Open Onl 1.50 20" 10' x 65' 662077 40.87 1.50, ne 0 en Ont 41.47 24" 5" x 65" 662068 i/\ Av.60 1.50 / 4 ..4,„...i.m, 10'x65' 662069 Green 5' x 65' 662078 1.60 ,r ;) 10' x65' 662079t 1.60 r 140.00 ......-4, Copper 5' x 65' '4 662066 ', --4 1.60 '/ 520.00" 10' x 65' 662067 \ 1.60 1,040.00 NOTES: 0 Minimum order quantity Is 10,609 sq. ft, All shipments ship from Michigarkacility> DURO-TUFF AND DURO-FLEECE COLOR MEMBRANE ACCESSORIES Product Descrl flan Price :Two -Way Vent (customer chooses vent colo!) 20.99 86,49 Plenum Vent (customer chooses vent color) 6" x 6" Inside Corner 4.45 6" x 6" Outside Comer 5.60 L6" x 18" Inside Corner 6.15 6" x 18" Outside Corner 6.95 18" x 12" Outside Corner 10.65 6" x 6" Outside Butterfly Comer 7.35 1' Stack 10.05 11/.."-8" Stack 11.95 9"-11" Stack 15.05 12-15" Stack 18.25 2"-8" Dram 15.99 T -Patch 4-6" Bag (50 ct.) 8.99 NOTE: Item numbers vary based on color selection of the membrane. 02/07/2022 DURO-LAST® EV ROLL GOODS WHITE 1-ledSe P el er er 1 uu mt. il , 04)r Mil le,Pri Ulf <10 Item # 1M()Illf.t Ile:HI.1 Ilrile Sq. Ft. Price .1 )(7d 1 -2b Price / Roll Roll Size 10" x 100' Strropinq 50 661471 1.13 94.92 2' 6" x 100' 50 661470 1.13,282,50 I< 1320 5' x 100' 50 661460 1.13 565.00 10'xlOO' 50 661461 1.13 1,130.00 10" x 100' Stripping 60 661481 1.25 105,00 2' 6" x 100' 60 661480 1.25 312.50 5' x 100' 60 661462 1.25 625.00 10' x 100' 60 661463 1.25 1250.00 5,99 1 -Patch 4"-6" Baq (50 ct.) 8067EV NOTES: • Accessories are produced with Duro-Last EV 50 -Mil White Membrane. • Pricing is equal to Duro-Last standard membrane accessory pricing. 'EDURO-LAST AQSSORES STAek FLASHINGS (Add 8� gray, tan or dark gra S Item # Item # 0en lirice Each i -7 '/1Y2" I/ 10.75 2" ' A /AA PA', ' A,/ ..(4,01 1317 2 16 ,' 2317 10,75 10.75 '"' if/ /\'7 J, 131 //, ./1119 2318 2319 10.75 10.75 417 I< 1320 2320 10.75 / 1321 10.75 8" , 1322 2322 10.75 1323 2323 13.20 10" 1324 2324 13.20 11" 1325 2325 13.20 12" 1326 2326 16.40 13" 1327 2327 16.40 14" 1328 2328 16.40 15" 1329 2329 16.40 16" nia 0 en Only 39.65 18" nia Open Onl 40.26 20" nla Open Onl 40.87 22" rile 0 en Ont 41.47 24" ole ,Open Onl 42.08 NOTES: * Over 24", cal Sales Department for pricing. O Manufactured using outside diameter measurements. PANDUIT BANDS Description Item # Price Each Panduit Tool 1221 221.49 x 14' S.S. Bands (50/bag) 1222 37.99 %" x 20" S.S. Bands (50/baq) 1222P 56.49 10 All prices subject to change without notice. All prices listed are FOB in USD* Saginaw, MI • Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX • Ludlow, MA 270 DURO-LAST MEMBRANE CUSTOM MADE SCUPPERS ESTIMATING CHART , 4 r7 : 10 12 14 16 le 20 22 24 1 26 22 33 22 4 50.15 51.23 52 31 53.39 54.47 1364 1365 56.63 57.71 • .10 59,87 .9 62,03 63.11 6416 66.27 6 5 1,Mir 52.31 53,39 54.47 55.55 56.63 57.71 53,79 59.87 60.55 62.03 1 63.11 64.19 6527 . 9" 54,47 55.55 56.63 57,71 58.70 59.87 60.95 .....-.-,.... 62.03 63.11 64.19 65,27 66,35 67,49 10 1256 .---. 56.63 57,71 58.79 69.87 62,93 . 63,11 62,03 63.11 64.1965,27 65.27 _,-...1 66.35 86.35 67.43 6635 67.43 68.52 67.43 68,52 69.60 70.68 12 --„.....„.„.. 58.79 69,87 60.95 63.11 ..., 64.19 64.19 - 65.27 68.52 69.50 - 14 - 63,95 6203 15 . 64,19 65.27 66.35 67.43 68.52 69.60 76.69 71.76 - 15 - 65.27 -..., 6635 67.43 68.52 69,60 79 1, 71.76 72.84 20 67,43 68,52 69.60 69,60 7896 70.69 71.76 71.76 72,84 72,84 ---_ 73.92 73.92 75.04 -,,, - 24, 71.76 72.84 73,92 73.92 75,00 76.08 20 75, 1 76.06 77.16 251 1600 77.16 7814 30 78.24 79.32 2 1 80.40 The above prices are good for scuppers with distance through the wall "C" equal 11)18 inches or IQas. 15 SCREW food or Steel De -ks FASTENERS #14 SCREWS Description Spade Point i item 4 Drill Point Item # Quantity/Pail Price Each 11/4" 1442-2 1361-2 2,00 /pail"i' Ji .00 1 00/pail 1446-2 1362-2 2,000/pal „,,/ 208.0 19 21/..," 1456 1363 1 000/ '..i3, 135.0 3" 31/4" 1447 1451 1364 1365 1 ,.1)((i all "/ 1,000/pail , //4,49 007 „k5.00 4" 4%" 1448 1458 136.,/ ' //1367 111;,, .,,,,,1'r i"/ f' 1j 0 , al / 254.00 269.00 5" 1449 1368 1,Mir 6" 1459 1450 1369 13/0 1 0 Ws 1,000il "9k 6 344.00 7" 1451 1371 500/pail , // 216.00 238.00 329.001 ' 8" 1452 13,72500/Lait 9" 1253 1373 , //600/pail 10' 1254 1374 500/pail 381.00 11" 1255 1375 500/pail 425,00 12" 1256 1376 500/pail 463.00 NOTES: • Spade Point. • Drill Point P-3 Head, Steel Decks (18 to 24 (Sauge). 02/07/2022 scpptIon Item # Qu ntity/Pail 2" oof'" 1378 1 .000Vall /3( 1379 1,000/Pail 1380 1,00i/pail 1381 /11K/,/000/pail Price Each 179.00 224.00 254.00 329,00 382 /// 500/)ail 210.00 3113 1258 1259 1260 0/pail 500/pail 250/pail 291.00 322.00 254.00 250/pail 272,00 250/pail 280.00 250/pail 347.00 250/pai 381.00 250/pail 422.00 250/pail 260/pak FASTENERS FOR EDGE DETAILS 42.00 657.00 Description Item # Quantity/Pail Price Each 11/4" He,xhead #14 1444-2 2.000/paM 208,00 74" x 1W' ZAMAC Metal Anchor 12411 1 00/pail 224.00 VERSA -FASTENERS For additional sizes call for avallabilit Descript on hem 4 Quantity/Pail Price Each 21/,," 20001 000/pail 149.00 31/4" 20002 1,000/pail 196,00 414" 20003 1 0/pail 238,00 VersaFast Plates 20040 1,000/pail 177,00 13 All prices subject to change without notice, All prices listed are FOB in USO. Sagtnaw, MI • Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX • Ludlow, MA 2(1 DRILL BITS Description Item # Price Each 7/32' x 6" Straight 1631 5.25 7/32' x 11" SDS 1644 18.05 7/32" x 16" SDS 1645 26.45 3/16' x 3" Straight 1632 3 35 3/16' x 6" Straight 1633 _ 4.55 3/16' x 6W SDS 1629 6.95 3/16' x 6" SDS __,... 1635 10.00 3/16" x 10SDS 1630 13.95 3/16' 12" Straight 1804 19.15 3/16" x 12" SDS 1640 17.40 W x 4" Straight 1266 3,70 W x 4" SDS 12686.65 1,000/box ir/4" x 6" SOS 1643 6„95 DRILL BIT INFORMATiON 1. All drill bits are listed by size and total length 2. Deduct approx. 2" for insertion of bit into tool 3. 3/16"- For concrete decks. .4. Y."- for anchors going into concrete, 5. 7/32"- bigger easier to use when concrete is dense. 6. Straight bit vs. SDS (spline drive shaft) - based on drill. 7. Straight- More likely to spin. 8. SDS- Only for specific drills, 9. Usable length is 2" shorter than drill bit size. 10. Drill bit is 'A"-1" longer than fastener. _ 11. Order drill bit 3" longer than fastener„ PURLIN FASTENERS Dro-Shirj Onl Description rn/# Item # Price Each (;)uar1:40,ift Price E /, 1 34" 250.00 1488 1489 106 , / 1491Vii 1492 / ' "ffi500)” air, A/ 1,000/oai/: el,ti/' , 4, ,, 000/pl, 17, , 1 It OnIff a ''% 60, 37 Arryfral • 4, oi //,i),),'p9 .00 344.00 %A 35940'6 2:I4' 33.4- 41/4" &Y.i," 7'4" t 1493 \ 1494 RhinoBond induction Plate 114,' / 4 ' 51'"ipail / / , / /568.00 308.00 01. 3" Induction Insulation Disc 18654 '4494-001 10.50 / 500/patts/ 1339 366,00 PLAT Description '''",1 rn/# uantity/Box Price Each 2" Round Poly Plates 305P 1 000/box 250.00 3" Square Steel Plates 3" Plastic Instilatrom Plates OS 13051 5001/box 1,000/box 150.00 200.00 Metal Cleat Plates1304 1240G 1 1,000/box 400.00 RhinoBond induction Plate '302 500/box 450,00 01. 3" Induction Insulation Disc 18654 100(baq 10.50 RhinaBond Insulation Disk 1339 250/box 47.00 TruFast Induction Plate 1865 500/box 400.00 VA x 23/i Oval Metal Plate 1310 500/box 175.00 AccuSearn® Plates 2-3/8' 1867 , 1,000/box 400.00 AccuTrac. Plates 3" 1866 1 1,000/box 400.00 02/0712022 SNOW DIVERTERS Add 50 for qrav, tan or dark qrav Description Item # Price Each White w/ White Skirt 1240 44.60 Tan w/ Tan Skirt 124013 45,55 Tan w/ Terra Cotta Skirt 1240TC 49.15 Gray wl Gray Skirt 1240G 45.55 Dark Gray w/ Dark Gray Skirt 1240GDX 45.55 CONDUIT/ESCUTCHEON WASHERS White, tan and dray) Description 1/2" 3/4" Item # 133 1337 Price Each 3.00 3.00 1. 1336 3.00 ROOF TRAKe III WALKWAY PADS Description / Item # Price Each Item Price Each 30" X 60" White '60" WOVSkirt 4 Side, u 1356 33.85 1080 24.35 60" X 60" White 1082 43.95 30' X 60" Tan. 1081 24.35 60" X 60' Tan 1083 43,95 30" X 60" Gray11107 24.35 60" X 60' Gra / / % 11108 j 43.95 30" X 60;Safety % 1086 24.90 607/X/60" Safety' t's, 1087 45.70 OTE: Thee, sides ye walkway pads come wfth a 4" white skirt on two )) 60" dirnension. ' 11 escn . tion / Item # Price Each X 60" (11y Skirt 4 Sides 1355 33.85 '60" WOVSkirt 4 Side, u 1356 33.85 All prices subject to change without notice. All prices listed are FOB in USD. Saginaw, MI • Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX • Ludlow, MA 272 TERMINATION DETAILS VINYL TERMINATION BAR 10Ilen 1hS) Description Item # Price/Ft White 1225 0.60 Tan 1225B 0.70 _ Gray 1225G 0.70 ALUMINUM TERMINATION BAR 10' Ien ths) Description Item # Price/Ft Aluminum Term Bar TB -50 1962 0.70 AluminumTermBar TB -75 1963 0.85 VINYL FASCIA BAR & VINYL COVERS 10enciths Description Item # Price/Ft 13/4" Fascia Bar 1568 3.60 1,49 13/4" White Vinyl Cover 1569 2" Face Gray/Gray Skirt 0.99 134" Tan Vinyl Cover 15698 1228 0,99 134' Gray Vinyl Cover 1574 1.80 0.99 13/4" Additional White Joint Gilles 1570 4" Face White/White Skirt 0.99 13/4" Additional Tan Joint Clips 15708 1583B 0,99 13/4" Additional Gray Joint Clips1575 1583G 4.80 0.99 4" Fascia Bar 1571 4" Additional Clip Tan /i /2.49 4" White Viny1Cover 1572/ 1584G 2.49 4" Tan Vinyl Cover 1572 2.99 15 7G / 4JdtionaU CliiL ite ' 'AICI' iii ip ' / 4" Gray Vinyl Cover /178 / 1-499 4" Additiona1White, Joint Clips 1573 /149 4" Additional Tan Joint Clips ( Joi ''' 7' // // 4" Additional Gra Joint Iliis ,9 249 NOTES: • Fascia Bar melt) covers are located in% (r onar IVIel‘ price list. * One clip per 10' ol`,*pover is inckided with 'cover. VINYL DRIP EDGE / 10' len ticts with 6' skit Description '----,/ ' Item # Price/Ft 2" Face White/White Skirt 1220 3.60 2" Face Tan/Tan Skirt l 12208 4,25 2" Face Gray/Gray Skirt 12200 4.25 2" Additional Clip White 1228 1.80 2" Additional Clip Tan 12288 1.80 2" Additional Clip Gray 1228G 1.80 4" Face White/White Skirt 1583 4.25 4" Face Tan/Tan Skirt 1583B 1 4.80 4" Face Gray/Gray Skirt 1583G 4.80 4" Additional Clip White 1584 1.80 4" Additional Clip Tan 158413 180 4" Additional Clip Gray 1584G 1.80 NOTES: * One clip per 10' of drip edge is included • Edging and skirt colors are interchangeable, but are not a stock item. 02/07/2022 VI' ,YL DRIP EDG,! OUTSIDE CORNERS Description Item # Price/Ft 2' Facr VVhite w/ White Skirt 1558 10.25 2" Face Tan vid Tan Skirt 1558B , 12 60 _2' Face Gray w/ Gray Skirt 15580 _ 12„60 4" Face White White Skirt 1585 12.60 4" Face Tan W/ Tan Skirt 15858 15,00 4" F -ac, Gray W/ Gray Skirt 1585G 15.00 NOTES: • Edging and skirt colors are interchangeable, but are not a stock item. VINYL GRAVEL STOP 10' lengths with 6" skirt escr ption Item # PricelFt Item # Price/Ft 2" Face WhiteWhite Ski 2" Face Tan wf Tan Skirt 16148 1226 3.70 2' Face Tan/Tan Skirt 12.95 4" Face White wl White Skirt 12268 4,35 2" Face Gray/Gra Skir 1589B _ 14.80 12260 4.35 2" Additional Cli hite,,/ klOTES: 1613 1613B 1.25 1.80 2" Additional Cl)pTain 2' Addition ftlip Gray 1,6130 1.80 4" F„iice/White/WAIL',,e Skirt 17 4.35 v/4Face T4,41 ilij,‘ /ki 157E3 4.95 4" Fzit zi. e ay 0 li,, Skirt 15 7G 4.95 4JdtionaU CliiL ite ' 'AICI' iii ip ' / / /// 588 15888 1588G 1 80 1.80 zill ' Al Ili nal Clip Gray T / Edging pdl/skirt colors are interchangeable, but are not a stock tern clip per 10' of gravel stop is included. Metal gravel stop covers are located in the Exceptional Metals price list. VINYL GRAVEL STOP OUTSIDE CORNERS Description Item # PricelFt 2' Face White wt White Skirt 1614 10.50 2" Face Tan wf Tan Skirt 16148 12.95 2" Face Gray wi Gray Skirt 16140 12.95 4" Face White wl White Skirt 1589 12.40 4" Face Tan WJ Tan Skirt 1589B _ 14.80 4' Face Gray W/ Gray Skirt 1589G 14,80 klOTES: • Edging and skirt colors are interchangeable, but are not a stock item. • Metal gravel stop covers are located in the Exceptional Metals price list, 16 AB prices subject to change without notice. AH prices listed are FOB in USD. Saginaw, MI • Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX • Ludlow, MA 2(3 CAULK AND ADHESIVES CAULK Description Item # uantity/Case Duro-Caulk® Plus White Duro-Caulk® Pius Tan Duro-caulk® Plus Gray Duro-Caulk® Plus Bronze Duro-Caolk Advanced White 1134 1135 11480 30/case or single 30/c,„ . r single 30 case or single 30/case or since sinc1e 30/case or .singt, Price/Each 8.45 8.45 8.45 8„45 8.45 NOTE: Duro-Caulk Plus is a silicone -based sealant, while Duro-Caulk Advanced is a polyether-based sealant a lowing it to be painted. Description Pitch Pan Filler Sure Bond 240 Mastic Duro-Mastic.7,® Strip Mastic SEALANTS 1122 1123 1129 Quan 30/case or single 5G Pail 350mastic Price/Each 8.80 225.80 123.90 DURO-FLEECE MEMBRANE ADHESIVES Drop -Shp Gni Descrr•tion Item # Quantit Price/Each Tab Sealer 4725 (5G Pail) 1119T 5G Pail NON -FLEECE MEMBRANE ADHESIVES Description Water Base Adhesive Duro-Last Solvent -Grip Spray Adhesive Item # 1111 11020 Quantity 50 40 ib Canister (400 sq. '0.2) Price/Each 192.20 275.65 Duro-Last Solvent -Grip Cleaner Duro-Last Solvent -Gip Gun and Wand (Re -Usable) 11021 11023. 15 lb, Canister Each 128.46r, 208.49 Duro-Last Solvent -Grip 12' Hose Duro-Last Solvent -Grip 18' Hose Duro-Last Solvent -Grip Replacement Spray Tip Solvent Base IV Adhesive ,/ dee adhesives are a ble or oo, 11025 11024 1110'57 1112 010 Eac) NOTE: Coverage rates fori4 last.com. LOW RISE INSOLATION ONLY 1HESIV ro -Shi Ont Desion Item Duro-Grip CR -20 HFO Duro-Grip CR -20 HFO 17G I Refillable Tank \ 11055 1161 Quart / Sot Pri OE eh Set, Plus Deposit 953.55 2,489.90 Duro-Grip' CR -20 HFO 170 Refillable Tank Kit 11058. TRUFAST Roof .Adhesive Cartridge 11036 Set, Plus Deposit 4/case OMG OlyBorlicli 500' Insulialion Adhesive bagiiin-Box 1108 OMG OlyBond 500' inskilation AdhosivQ 150 Drums (includes 25' hose, 3 exitension tubes, 6 lips and qun assembly) 1108-056 100 Set 150 Drums 2,537.05 143.20 743,35 1,358.40 OMG OlyBond 500' SpotShot Insulation Adhesive 1104 OMG OlyBond 500"' SpotShot insulation Adhesive Winter 1104W Millennium One Step 1105 4/case 4/case 4/case Millennium PG -1 Pump Set 1130 Millennium PG -1 Pump Grade 1130-15 InstaStik InstaStik Wand Kit 1117-001 150 320.55 320.55 223.20 707.40 1,626 60 345.95 1117-002 52.70 02107/2022 2(4 TRUFAST Roofing Adhesive 15G Tanks (Part A & Part EI) Cart Dispensed 110»1, OfvtG. OlyBond 500' Reece Adhesive Cartridge , 1106 OMG OlyBond 500),Filgece Adhesive Ba )r,t4ox Set 1107 \ NOTES: /io •1n sto9 *tit a drop ship item. Set 4/case 100 S e1 1 079.40 306.25 745.25 HESIVE ACCESS° 1ES o, Drop -Ship OrJy' / o Des Tttion 7 item # Price/Each Duro.//I Hose Kit / 1109-001 170,50 ' , 11 i0- ' Nozzles (10/paq / 09-002 49.60 ;'0"i0#1=p CR -20 /oldrwise Fan Tip Nozzle / 8/b 11050 28.50 ,,, Duro-Grip/oCR-20 Colorwise Fan Tip Nozzle 25/bago 11051 57.65 01/O -Grip CR -20 173 Refillable Tank Gun '''&. 100' Hose Applicator 11039 225 65 Duro-Grp CR -20 17G Refillable Tank Regulator Assembly w/ Hoses 11040 788.65 Duro-Grip CR -20 17G Refillable Tank Calibration Nozzles 6/Pack 11044 27.25 Duro-Grip CR -20 170 Refillable Tank Calibration Nozzles 25/Pack 11045 67.50 Duro-Grip CR -20 17G Refillable Tank Colorwise Mixing Nozzles l0/Pack 11041 49,60 Duro-Grip CR -20 17G Refillable Tank Colorwise Mixing Nozzles 25/Pack 11042 104.75 Duro-Grip CR -20 170 Refillable Tank Small Gram Scale 11047 125.85 Duro-Grip CR -20 170 Refillable Tank PSI "PolySolv" Aerosol Cleaner 11046 345.95 Duro-Grip CR -20 170 'Refillable Tank Cart Transporter 11048-0012,694.99 TRUFAST IRoofinq Adhesive Hose and Gun 11052 .- - 170.50 TRUFAST Rooting Adhesive Mixing_Tip Pack 11053 29.75 OMG Pace Cart 3 1099-003 10,453.49 OMG Hand Applicator 1096 208,49 OMG Stand-UpApplicator 1097 433.99 OMG Power Applicator 1098 1,180.99 Powerblanket Bucket Heaters 5 GL 12033 345.50 Povverblanker 17G Foam Cylinder Warmer 12034 560.50 Powerblanket Hot Box 48" x 48" x 48" 12035 2,703.00 Powerblanket Tote Heaters 48"x48"x48" 12036 1,594.50 Powerblanket Tote Heaters 48"x40"x53" 12037 12038 1,789.00 613.60 Powerblanket 40 lb cylinder Warmer 7 All prices subject to change without notice, All prices listed are FOB in USD. Saginaw, MI • Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX • Ludlow, MA UNDERLAYMENTS AND VAPOR BARRIERS UNDERLAYMENT Description Item # Roll Size Price/Each Duro-Weave Slip -Sheet CLR 1292-155 10 x 360' 222.10 Duro-Blue" Slip -Sheet 1292-050 20" x100' 104.40 Duro-Blue Slip -Sheet 1292-100 20' x 360' 349,45 Atlas FR -10 Slip -Sheet 1290 48" x 250' 236.80 GAF Solo Fire -Retardant Slip- , Sheet , 1290002 6' x 166,67' 436.85 Geotextile 1298 15" x 360' 519.75 Ballast Mat 1293 12' x 100 223.35 Drama: e Mat 1533 4' x 100' 508.99 DURO-GUARD''' XPS & EPS Description Duro-Guard XPS Crush Fold Duro-Guard EPS Fan Fold Item # Sheet Size Price/Each 1295 48'' 50' x 318' 52.49 38142 48' K50 x 70.49 DURO-LAST VAPOR BARRIER PRODUCTS Description Item # Size Duro- est Vapor rrier 1344 45" x 133' PricelEach 299.60 Sopramastic, Duro-Last VB Primer Duro-Last Torch -Down Vapor Barrier Duro-Last TDVB Primer 1346 10.5 oz cartridge 20/case , a 8 0 1345 5G Pail 216,4 1 DURO-GUARD INSULATION ISO Duro-Guard ISO II—limited stock in Duro-Lasi plants Duro-Guard ISO 111 CG Duro-Guard ISO HD uro-Guard ISO HD Composite Duro-Guard ISO Flat – HP Duro-Guard ISO NB Duro-Guard ISO Foil EP Duro-Guard EPS Type Duro-Guard EPS Type I Duro-Guard EPS Type VIII Duro-Guard EPS Type IX Duro-Guard EPS Fan Fold Duro-Guard EPS Fiberglas,prcer Duro-Guard EPS Naj,k ase Duro-Guard HOI0+ EPS Duro-GyaKeEPS Type I, II, and VIII Flute Flier D ro/-Guard E ute Fill Combo DensDeck® )„F oard of Board DURO-LIGI7V/SKY Delivered direct to YOU from the manufacturer times and ship dates alEr subject to the skyligh% J14o1uring le4 nufacturer Manufacturing lead tirnes''°and ship dates are subject to,,thb skylight manufacturer. For pricing and availability eMaj) iestimatjpgdduro-last.com or contact the Insulation Team at 1-800-248028e HATCHES Drop-ShinOnly' Contact the insulation Tearn for oncinq. Descrlptlon Item # Size, Price/Each Bilco Hatch S-20 (Steel) S Series 701800 1 3' x 2'6'" call 'for price Bilco, Hatch S-50 (Aluminum) 8 : Series 701801 3' x 2'6' call for price Bilco Hatch 8-50713 701803 3' x 2"6" call for _price 2/07/2022 Sa SKUROCK® -Fiber Roof Bor'' S 4SAat Roof9ar DEXcelt0 Glass Mat DEXcell0 FA Glass Ma DEXcell® Cement Roof Board Everboard Pa er-Face Everboard Fiberglass DEX ell Everboard NOTES: • To Quote or Order Insulation, please contact the Insulation Team at 1.800.248.0280. • For complete 'technical information, product data sheets; code cornpliances and approvals visit wwwiduro-last, conntinsulation, • Delivered direct to you from the manufacturer. ▪ All orders will be rounded up to a full pallet. 19 Ail prices subject to change without notice. All prices listed are FOB in USD. a , MI • Jackson, MS • Grants Pass, OR o Sigourney, IA s Carrollton, TX a Ludlow, MA ADDITIONAL OF COM 'ONENTS VI VI RIB SYSTE Drop -Ship item with a 12 week lead. time Minimum order quantity -2,000 Price/Lineal Price/Lineal Ft Ft Description item # Duro Last Duro-Las I Gray 1895 1896 Duro-L asl Tan 1897 Duro-Last Dark Gray Duro-Last Terra Cotta 2,000-4,999 5 000-19 999 4,64 299 4.64 2 99 4.64 2.99 1899 1894 DT Liqhl Tan DT Patina 1887 1889 DT Green 1890 DI Blue DT Light Gray 1892 harcoal 1893 4.64 4.64 4.64 4.64 4.64 4,64 4.64 4.64 2,99 Price/Lineal Ft 20,000 2,07 2.07 2.07 2.99 2.99 2.99 2.99 2.99 2,99 2.99 KNUCKLEHEAD PIPE STANDS 2,07 2.07 2.07 2.07 2.07 2.07 2.07 2.07 Description Item # Description ,/,' Price/Each KnuckleHead Roof Protection Pad 21368 1219W 6.99 KnuckleHead Lite Pipe Support wi Cap 21369 489.49 489.49 12.99 Knucklellead Heavy Pipe Support w/ Strap 21370 1219DG 14.99 KnuckleHead Strut Support 21371 489.49 11 45 KnuckleHead Base 9" Extension Assembly 21372 Tan w( 4 Butterfly Comers & Gutter Ext /// 16.49 KnuckleHead Base 18' Extenson Assembly 21373 Ay 21 49 DURO-LAST PROTERM TM WALL TF Stocked in,Mrchi an Onl Description ProTerrnf" 7.2 Panel 3' ,S,6(tion ProTerm rm Classic ‘Panel 3' Sectionfc Y / ' 033 ProTerm fif PBR Pa /. el 3' Section: 0 /E 9.80 19.55 LADDERANCHOR, Item Description ,/,' Item # Price/Each White w( 4 Butterfly Corners /A/ 1219W 489 49 Tan w( 4 Butterfly Corners 12198 489.49 489.49 Gray \iv/ 4 Butterfly Corners 1219G Dark Gra w/ 4 Eut1erfly Comers 1219DG 489.49 White EV w/ 4 Butterfly Corners 1219EV 489.49 White ( 4 Butterfly Corners & Gutter Ext 2719W 657 99 Tan w( 4 Butterfly Comers & Gutter Ext 22198 657.99 Gray w( 4 Butterfly Corners & Gutter Ext 2219G 657.99 Dark Gray w/ 4 tiettertry Corners & Guile? Ext 2219DG 657.99 Whore EV w/ 4 Butterli3 Corners & Gutter Ext 2219EV 657.99 02/07/2022 TOOLS SCREW GUNS AND DR LLS Description Item Price/Each HMI Screw Gun ST -1800 1273 340.99 Hilti TE -7C Rotary, Hai -nine/ Drill 1276-007 579.99 Milwaukee M18 FUEL "4 1/4" Hex Impact Driver Kit 12766 320.95 RhinoTrac Tool 1974 4,881 49 RhenoTrac Boot 1974-001 2,769.99 AccuTrac0) Toot 1972 2,664.99 AccuTrao@ Plates 3" 1000/box 1866 300.00 AccuSeam0 Toot 1973 343649 ... AccuSeamQ) Boot 1973-001 1,504 99 AccuSeam® Plates 2-3/8" 1000/box 1867 300 00 _ DURO-LAST QUICK-PULLT^^ GRIPUL PARTS Description Duro-Last Quick -Pull rm 01 Duro-LastQuick-Pull Replacement Cable 013 x(ro-Last ,Quick-Puilm° Front Replace,ment Pad 18015 6.99, Duro-Last Quick -Pun"' R.eT'orirTatrent Pad GriPull Replacempittable GriPull Extepslon Pulley GripulloRear Pulley 4u1i Vise Kit Locking Nut GriP ,I Mandril it ,i . I Contact ket SetiKet/ c ,/' (11 Push Link Ass.entbly Kit 4UllExtensi,prEirUhe Assembly Kit /GriPull;3:1E/Clip (2 required) or)pArif 54" E Clip (2 required) "., /GriPtill Handle, Pivot Pin 8014 801 1802 1803 1786 1805-001 1806 1785 3.49 41 99 21 99 1787 1788 1791 1792 1794 46.49 64.49 0.99 1.49 6 99 GriPull Handle Grip GriPull Rear Pulley Shaft. GriPull Rear Pulley Spacer 1794-001 795 796 4,99 8.49 9 1,1, x 1" Link Pivot Pin w 3/ 5" x Cotter Pin 797 GriPWI Rolla( Shaft Rafters (2) & "4" E -Clips (4) 798 49 9 49 rPuH %" Ektont;inn Ptikey p51 votottor 3.49 GriPull 15(16" Retaining Ring 1807 3.49, GriPull Cable Guide 80 6.99 GriPull 3/16" x 1' Spring Pin 809, 0 99 ,riPuil 3/15 x Vtse Gee IPiro viti111 3 5 x 3/4" ColAeir Pill 20 All prices subject to change without notice. All prices listed are FOB in USD. Saginaw, MI Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX a Ludlow, MA 1809-001 2.99 T -EDGE ADVANCED T -EDGE ADVANCED "Face" price includes cleat and hook strip Cleat is re uired for all sizes, Description Item # Price/FL 2" Face 7320206 12.25 5.74 2" Cleat 733020624 3" Face 7320306 13.04 3" Cleat 733030624 5.97 4" Face 7320606 ' 13.83 4" Cleat 733060624 6.18 5" Face 7320706 11 14.60 5" Cleat 733070624 6.39 6" Face 7320806 15.39 6" Ceat 733080624 6.60 7" Face 7320906 16.18 7" Cleat 733090624 6.83 8" Face 7321006 16.94 8" Cleat 732100624 7.04 Hook Strip 7340006 6.90 MISCELLANEOUS EDGE DETAILS EDGE EXTENDER Description Item # Price t. 3" Face 6400306 2.65 4" Face (Need Cleat) 6400606 5" Face (Need Cleat) 6400706 6" Face (Need Cleat) 6400806 2.95 3)gle 3.40 7" Face (Need Cleat) 8" Face (Need Cleat) 3V.," Cleat 6400906 6401,006/1' ,6957640524 DURO-FLAH 11 tlO'Ifhat 3.65 REGLET 10" Yen ths Description Item # Price/Ft. 5" One -Piece Reqlet 6423606 3.55 . 534" Two -Piece Reqlet 6423706 7.90 COUNTER FLASHING (10" lengths) Description tem # Price/Ft. 5 1/4" Surface Mount Counter Flashonq 6433806 3.40 VINYL COATED METAL Description Item # Price/Ft. hite 4' x 10' Sheet 1603 186.00 fan 4' x 10Sheet 1603B 186.00 Gray 4 x 10' Sheet 1603G 186.00 Dark Gray 4' x 10' Sheet 1603DG 186.00 Light Tan 4' x 10' Sheet 1603LT 186.00 Light Gray 4' x 10' Sheet 1603LG 186.00 Charcoal 4' x 10' Sheet 1603CH 186.00 Midnight Bronze 4' x 10' Sheet 1603MB 186.00 NOTES: ,023' thick (25 sheets per/pal RO-EDGE Des crtpti&I Item Pr ce/Ft. Duro-Ed.e hi ;,/ 64408066Ei1 9.30 / DuroEd.; ,Tan 64408066602 10,15 Duro-td • e Gra / ,buro-Ed a i j,(fGra / 6440806663 64408 604 / 64408 10.15 10.15 CalI EM for pr cin Chap -Edge ,71 ‘, Description 12' WhIte Skirt 1 Ite ity,, 64103064', /I /A y / 7.10 12* Tan Skirt % 64103066 12' Gray Skirt ‘ 64103066403 , 7.95 12' Dark Gray Skirt \ 64103066304, / 7.95 Duro-Flash II Custom % .,,: , . *call EM for rice 02/07/2022 24 All prices subject to change without notice, All prices listed are FOB in USD. Saginaw, MI • Jackson, MS • Grants Pass, OR • Sigourney, IA • Carrollton, TX • Ludlow, MA 27T 278 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 6/13/22 DR 6/27/22 DR ITEM INFORMATION ITEM No. Spec 4.A. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 6/13/22 AGENDA ITEM TITLE Proposed ordinance regarding keeping admissions tax revenues collected at Foster Golf Links within the Foster Golf Links Fund (411) CATEGORY ® Discussion Mtg Date 6/13/22 ❑ Motion Mtg Date ❑ Resolution Mtg Date Z Ordinance Mtg Date 6/27/22 ❑ Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ® P&R ❑ Police ❑ PIF SPONSOR'S SUlLMARY Admission Tax revenues currently collected at Foster Golf Links are not remitted to the General Fund. This practice has been in place since the 2019-2020 budget biennium, but it has not been properly codified in the TMC. The proposed ordinance rectifies this issue by updating the TMC to allign with current practice of keeping the revenues within the Foster Golf Links Fund (411). Committee is being asked to consider and approve the ordinance so it may be considered by the full council. REVIE\'ED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 5/23/22 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department Co ii'rII IEE Unanimous Approval to forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/13/22 Forward to next Special Meeting 6/27/22 MTG. DATE ATTACHMENTS 6/13/22 Informational Memorandum dated 5/23/22 Screenshots of 10/1/18 City Council Regular Meeting Minutes referencing topic Draft Ordinance Minutes from the 5/23 Finance & Governance Committee Meeting 6/27/22 Final Ordinance 279 280 W .sh :h e N II II g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NOS. 2080 §2 AND 1733 §2, AS CODIFIED AT TUKWILA MUNICIPAL. CODE, SIIw;;;;;CTION 3„20.020, "ADMISSIONS TAX LEVIED", TO UPDATE THE ADMISSIONS TAX COLLECTION PROCESS FOR FOSTER GOLF COURSE REVENUES; PROVIDING FOR SEVIIEERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Foster Golf Course is a City -owned enterprise; and WHEREAS, the City Council adopted the 2019-2020 Biennial Budget with the intent of keeping admissions tax revenues within the Foster Golf Links budget barring further legislative action; and WHEREAS, the reduction in admissions tax expense against the Foster Golf Links Fund provided for greater financial stability and for payment of easement lease expenses newly established in the 2019-2020 biennium; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 3.20.020.B Amended. Ordinance Nos. 2080 §2 and 1733 §2, as codified at Tukwila Municipal Code Section 3.20„020, "Admissions Tax Le°!ied,” subparagraph B, are hereby amended to read as follows: 3.20.020 Admissions Tax Levied B. The transfer of admissions tax from the Foster Golf Links Fund to the General Fund shall be waived: Beginning in the 2019-2020 budget biennium, the City of Tukwila's General Fund will forego collection of admissions tax from Foster Golf Course until legislative action is taken to reinstate said collection and, further, admissions tax revenues collected by the Foster Golf Course shall be allocated to the Foster Golf Link Fund until legislative action is taken to reallocate such revenues to the General Fund. CC: Legislative Development\Foster Golf Course admissions tax process 6-21-22 DR: bjs Review and analysis by Barbara Saxton Page 1 of 2 281 Section 2. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2022. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC Legislative Development\Foster Golf Course admissions tax process 6-21-22 DR:bjs Review and analysis by Barbara Saxton Page 2 of 2 282 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 06/13/22 JR CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date 06/27/22 JR ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Ordinance Mtg Date 06/13/22 SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police aPit ❑Court SPONSOR'S The National Pollutant Discharge Elimination System (NPDES) requires the City to adopt SUNLVARY regulations and other requirements outlined in the City's NPDES Phase II Permit. The City utilizes the 2016 King County Surface Water Design Manual (KCSWDM) and has created language that requires application of source control BMPs as required. The Council is being asked to approve the Surface Water Ordinance adopting the 2021 (KCSWDM) and the 2021 King County Stormwater Pollution Prevention Manual (SPPM). REVIEWED BY 0 Trans&Infrastructure ITEM INFORMATION ITEM No. Spec 4.B. 283 STAFF SPONSOR: GREG VILLANIJEVA ORIGINAL AGENDA DATE: 06/13/22 AGENDA ITEM TITLE Ordinance for NPDES Phase II Municipal Stormwater Permit Requirement CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date a Ordinance Mtg Date 06/13/22 SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire TS ❑P&R ❑Police aPit ❑Court SPONSOR'S The National Pollutant Discharge Elimination System (NPDES) requires the City to adopt SUNLVARY regulations and other requirements outlined in the City's NPDES Phase II Permit. The City utilizes the 2016 King County Surface Water Design Manual (KCSWDM) and has created language that requires application of source control BMPs as required. The Council is being asked to approve the Surface Water Ordinance adopting the 2021 (KCSWDM) and the 2021 King County Stormwater Pollution Prevention Manual (SPPM). REVIEWED BY 0 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRIJLLER ❑ LTAC DATE: 06/06/22 RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Public Works Department to Committee of the Whole and Special Consent Agenda IEE Forward COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/13/22 Forward to next Special Meeting 06/27/22 MTG. DATE ATTACHMENTS 06/13/22 Informational Memorandum dated 06/03/2022 Surface Water Management Ordinance 2021 King County Surface Water Design Manual (link) 2021 King County Stormwater Pollution Prevention Manual (link) Minutes from Transportation and Infrastructure Committee meeting of 06/06/2022 06/27/22 Final Ordinance 283 284 Citv of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2274, 2516 AND 2423, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 14.30, "SURFACE WATER MANAGEMENT;" REPEALING ORDINANCE NO. 2275, THEREBY ELIMINATING TMC CHAPTER 14.31, "ILLICIT DISCHARGE DETECTION AND ELIMINATION;" REENACTING TMC CHAPTER 14.30 TO UPDATE REGULATIONS REGARDING STORMWAT ER SAFETY, CONTROL AND MANAGEMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila manages its stormwater pursuant to the National Pollution Discharge Elimination System (NPDES) Permit administered by the Washington State Department of Ecology; and WHEREAS, the NPDES permit requires the City to take various actions to control and manage inputs into its municipal stormwater system; and WHEREAS, the City recognizes the importance of effective management of stormwater in protecting residents and the surrounding environment; and WHEREAS, this ordinance will update the City's stormwater management code provisions to address requirements in the NPDES permit and reorganize the code to achieve City goals of simplicity, consistency, and clarity in its stormwater regulations; and WHEREAS, the City Council finds that adoption of this ordinance for municipal stormwater control and pollution prevention prevents harm to the health or safety of the public, and promotes the public health, safety and general welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealed. Ordinance Nos. 2274, 2516 and 2423, as codified in Tukwila Municipal Code (TMC) Chapter 14.30, are hereby repealed. Section 2. Repealer. Ordinance No. 2275, as codified in TMC Chapter 14.31, is hereby repealed, thereby eliminating TMC Chapter 14.31, "Illicit Discharge Detection and Elimination." CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 1 of 23 285 Section 3. TMC Chapter 14.30 Reenacted. TMC Chapter 14.30 is hereby re- enacted to read as follows: CHAPTER 14.30 SURFACE WATER MANAGEMENT Sections: 14.30.010 Authority 14.30.020 Purpose and Intent 14.30.030 Definitions 14.30.040 Applicability 14.30.050 Compliance 14.30.060 Standards 14.30.070 Permits 14.30.080 Compliance Required 14.30.085 Maintenance Required 14.30.090 Inspection Authority and Procedure 14.30.100 Inspection and Maintenance Schedule for Stormwater Flow Control and Water Quality Treatment Facilities 14.30.110 Maintenance Covenant Required for Stormwater Flow Control and Water Quality Treatment Facilities 14.30.120 Inspection and Maintenance Records 14.30.130 Special Drainage Fee 14.30.140 Inlet Marking 14.30.150 Trash and Waste Receptacles 14.30.160 Financial Guarantees 14.30.170 Insurance 14.30.180 Discharge Prohibitions 14.30.190 Allowable Discharges 14.30.200 Conditional Discharges 14.30.210 Best Management Practices 14.30.220 Liability 14.30.230 Enforcement Auth ority, Procedure, and Penalties 14.30.240 Injunctive Relief 14.30.250 Appeals Section 4. TMC Section 14.30.010 is hereby reenacted to read as follows: 14.30.010 Authority A. The Public Works Director shall administer and enforce the provisions of TMC Chapter 14.30. The Director's authority includes the establishment and publication of regulations and procedures to supplement and implement this Chapter, approval of permits and exceptions, and enforcement and implementation of measures necessary to carry out the intent of TMC Chapter 14.30. Such regulations and procedures shall be incorporated within Chapter 5 of the Public Works Development Guidelines and Infrastructure Design and Construction Standards, as amended, revised or re -adopted from time to time and hereinafter known and referred to as the Public Works Surface Water Regulations and Procedures. CC: Leg islative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 286 Page 2 of 23 B. The Public Works Director is authorized to develop and implement an inspection program for the investigation of sites that have the potential to discharge pollu tan ts to the stormwater drainage system, suspected illicitdischarges, and illicitcon nections in the City of Tukwila. C. The Pu bl ic Works Director may initiate all required actions to prevent or stop acts or intended acts of an applicant or other person that constitute a hazard to life or safety; endangered property; or adversely affect the safety, use or stability of a public way, surface water, a conveyance system or a critical area or buffer. D. If the Director determines that a person engaged in an activity that could or does negatively affect surface water has failed to comply with City code or with approved surface water plans and/or other permit conditions, the Director may implement any or all of the following enforcement actions: 1. Suspend or revoke withoutwritten notice any surface water permit issued by the City, when the Director determines an immediate danger to life, safety or property exists in a downstream area or adjacent property. 2. Serve a written notice of violation upon that person by registered or certified mail or personal service. The notice shall set forth the measures necessary to achieve compliance, specify the time to commence and complete corrections and indicate the consequences for failu re to correct the violation. 3. Suspend or revoke any stormwater related permit issued by the City after written notice is given to the applicant for any of the following reasons: a. Any violation (s) of the conditions of the surface water permit; b. Changes in site runoff characteristics upon which a permit or exception was granted; c. Construction not in accordance with the approved plans; or d. Non-compliance with correction notice(s) or "stop work" order(s) issued for the construction of temporary or permanent stormwater management facilities. 4. Post a "stop work" order at the site directing that all activities that could affect surface water or a conveyance system cease immediately. The "stop work" order may include any discretionary conditions and standards adopted in TMC 14.30.070 that must be fulfilled before any work may continue CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 3 of 23 287 Section 5. TMC Section 14.30.020 is hereby reenacted to read as follows: 14.30.020 Purpose and Intent A. The purpose of TMC Chapter 14.30 is to provide for the health, safety, and general welfare of the citizens of Tukwila, Washington, through the regulation of developmentactivities that could affect stormwater and non -stormwater discharges to the stormwater drainage system to the maximum extent practicable as required by federal and state law. This chapter also establishes methods for controlling the introduction of pollutants into the stormwater drainage system in order to comply with the requirements of the National Pollutant Discharge Elimination Systems ("NPDES") permit process. The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the following purposes: 1. Promote sound development policies and procedures that protect and preserve the City's water courses, groundwater, and su rface water infrastructu re. 2. Protect surface water conveyance systems and receiving waters from pollution, mechanical damage, excessive flows, and other conditions that increase erosion and/or turbidity, siltation and other pollution, or that will reduce groundwater recharge or endanger aquatic and benthic life within surface waters and receiving waters within the State. 3. Meet the requirements of state and federal law. 4. Fulfill the City's responsibilities as trustee of the environment for future generations. 5. Promote the health, safety and welfare of the public. 6. Protect private and public property from drainage related damage. 7. Promote site planning and construction practices that are consistent with natural topographical, vegetative, and hydrological conditions. 8. Preserve and enhance the suitability of water bodies for recreation and wildlife habitat. 9. Regu late th e contribution of pollutants to the stormwater drainage system by stormwater discharges by any person. 10. Prohibit illicit connections and illicit discharges to the stormwater drainage system. 11. Establish legal authority to carry out all inspection, surveillance, and mon itoring procedures necessary to en sure compliance with this chapter. B. The intent of this chapter is to place the obligation of complying with its requirements upon the stormwater facility owner. Neither the City nor its officers, agents, or employees shall incur liability or be held liable by reason of taking any action required or permitted hereunder. CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 288 Page 4 of 23 C. The intent of this chapter is not to repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. Section 6. TMC Section 14.30.030 is hereby reenacted to read as follows: 14.30.030 Definitions Un less specifically defined below, words or ph rases used in TMC Chapter 14.30 shall be interpreted using the meaning they have in common usage and to give TMC Chapter 14.30 its most reasonable application; provided that words or phrases not defined herein that are defined in the "Surface Water Design Manual" or "Stormwater Pollution Prevention Manual," shall have the meaning given therein. 1. "AKART' means All Known, Available, and Reasonable methods of prevention, control, and Treatment (see also the State Water Pollution Control Act, RCW 90.48.010 and RCW 90.48.520). 2. "Applicant" means any person, governmental agency, or other entity that executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. Applicant also means any person, governmental agency, or other entity that is performing or plans to perform permitted work within the City. 3. "Approval" means proposed work or completed work conforming to TMC Chapter 14.30 as approved by the Director. 4. "Best Management Practice" or "BMP" means those practices, prohibitions of practices, or schedules of activities, which provide the best available and reasonable physical, structural, managerial, or behavioral activity to: (a) reduce or eliminate pollutant loads and/or concentrations leaving a site; or (b) prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. 5. "City" means the City of Tukwila or the City Council of Tukwila. 6. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq) and any subsequent amendments thereto. 7. "Comprehensive Surface Water Management Plan" means a plan adopted by the City Council that provides direction for management of the City's surface and stormwater system to benefit the community and meet the City's overriding goal of health and sustainability. 8. "Conveyance system" means natural and man-made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features include swales, streams, rivers, lakes and wetlands. Man-made features include gutters, ditches, pipes, detention/retention facilities, dikes, levees and revetments. 9. "Critical drainage area" means an area, as determined by the City, needing additional controls to address flooding, drainage, and/or erosion conditions that pose an imminent likelihood of harm to the welfare and safety of the surrounding community. CC: Legislative Development \MIC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 5 of 23 289 10. "Development" means any man-made change of improved or unimproved real estate; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill, clearing or land disturbance; or any use or extension of the use of land. 11. "Director" means the Director of Public Works or designee. 12. "Drainage review" means an evaluation by the City to determine compliance with the City's standards and adopted Surface Water Management Manual. 13. "Erosion" means detachment and transport of soil or rock fragments by water, wind, ice, etc. 14. "Groundwater" means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. 15. "Hazardous materials" means any material, including any substance, waste or combination thereof, which because of its quantity, concentration orphysical, chemical, or infectious characteristics may cause, or sign ificantly contribute to, a substantial present or potential hazard to human health, safety, property or the environ mentwh en improperly treated, stored, transported, disposed of, or otherwise managed. 16. "Hyperchlorinated" means water that contains more than 10 mg/liter chlorine. 17. "Illicit connection" means any man-made conveyance that is con nected to a stormwater drainage system without a permit, excluding roof drains or other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, and inlets or outlets that are connected directly to the stormwater drainage system. 18. "Illicit discharge" means all non -surface water discharges to surface water conveyance systems that cause or contribute to a violation of State water quality, sediment quality or ground water quality standards. These discharges include, but are not limited to, sanitary sewer connections, industrial process water, interior floor drain connections, waste dumping, car washing and grey water systems. 19. "Imminent hazard" means the existence of a condition that presents a substantial endangerment to health, property or the environment. 20. "Low impact development" ("LID") means a stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. CC: Legislative Development \TMC Ch 1430 re Surface Water Management 6-21-22 GV:bjs 290 Page 6 of 23 21. "National Pollutant Discharge Elimination System Stormwater Discharge Permit" means a permit issued by the Washington Department of Ecology under the authority delegated pursuantto 33 U.S.C. §1342(b) (Clean Water Act) that authorizes th e discharge of pollutants to waters of the United States, whetherthe permit is applicable on an individual, group, or general areawide basis. 22. "Non-stormwater discharge" means any discharge to the stormwater drainage system that is not composed entirely of stormwater. 23. "Person" means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner's agent. 24. "Plans" means the plans, profiles, cross sections, elevations, details and supplementary specifications, showing the location, character, dimensions and details of the work to be performed. These plans are approved by the Pu blic Works Director and are usually signed by a registered professional engineer licensed in the State of Washington. 25. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, vamishes and solvents; oil and other automotive fluids; non -hazardous liquid, solid waste and yard waste; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal waste; waste and residue that results from constructing a building or structure; and noxious or offensive matter of any kind. 26. "Pollution" means contamination orother alteration of the physical, chemical, or biological properties of waters of the State that will or is likely to create a nuisance or render waters harmful, detrimental or injurious to: 1) pu blic health, safety or welfare, or 2) domestic, commercial, industrial, agricu ltu ral, recreational or other legitimate beneficial uses, or 3) livestock, wild animals, birds, fish or other aquatic life. Contamination indudes discharge of any liquid, gas or solid radioactive or other substance. Alteration includes temperature, taste, color, turbidity or odor. 27. "Premises" means any building, lot, parcel of land, or portion of land,whether improved or unimproved, including adjacent sidewalks and parking strips. 28. "Project" means activity encompassing all phases of the work to be performed and is synonymous to the term "improvement" or "work." 29. "Runoff' means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow groundwater and that portion of precipitation that becomes surface flow and interflow. 30. "Sediment" means fragmented material originating from weathering and erosion of rocks or unconsolidated deposits, which is transported by, suspended in or deposited by water. 31. "Sedimentation" means the deposition or formation of sediment CC: Legislative Development\TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 7 of 23 291 32. "Single-family residence" means a project that constructs or modifies one single family dwelling unit and/or makes related on-site improvements, such as a driveway, outbuildings or play courts. 33. "Source Control Best Management Practice" or "Source Control BMP" means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. 34. "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel ora constructed infiltration facility. 35. "Stormwater drainage system" means a constructed -conveyance system and natural features that function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater. 36. "Stormwater related permit" means a PublicWorks permit or a surface water con cu rren cy test. 37. "Stormwater Pollution Prevention Plan" means a document that describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. 38. "Su rface flow" means flow that travels overland in a dispersed man n er(sh eet flow) or in natural channels or streams or constructed conveyance system. 39. "Surface Water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow channels, or pipes into a natural drainage system, a surface water conveyance system, or into a constructed surface water facility. 40. "Surface water plan" means a set of drawings and documents submitted as prerequisite to obtaining a development permit. 41. "TMC" means the Tukwila Municipal Code. 42. "Typical" means the guidelines that shall be followed unless the Director approves an exception. 43. "Water body" means a creek, stream, pond, wetland, lake, or river. 44. "Watershed" means a geographic region within which water drains into a particular river, stream, or water body as identified and numbered by the State of Washington Water Resource Inventory Area (WRIAs) as defined in the Washington Administrative Code. CC: Legislative Development\TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 292 Page 8 of 23 Section 7. TMC Section 14.30.040 is hereby reenacted to read as follows: 14.30.040 Applicability TMC Chapter 14.30 applies to: 1. All development activities occurring within the City limits that could affect surface water; and 2. Any materials and discharges other than stormwater entering the stormwater drainage system generated on any developed and undeveloped lands lying within the City of Tukwila. Section 8. TMC Section 14.30.050 is hereby reenacted to read as follows: 14.30.050 Compliance A. TMC Chapter 14.30 contains minimum requirements. The requirements do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where TMC Chapter 14.30 imposes requirements that provide more protection to hu man health or the environment, the requirements of TMC Chapter 14.30 shall prevail. B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver of other laws and regulations, nor do they indicate compliance with other laws and regulation s. C. Compliance with the minimum standards and requirements set forth in TMC Chapter 14.30 and related regulations, standards, and manuals adopted by the City does not necessarily mitigate all impacts to human health and the environment. In such cases, the applicant must implement additional mitigation to protect human health and the environment. D. City departments shall comply with all the requirements of TMC Chapter 14.30, with the exception of obtaining permit and approvals from the City for works performed in the public rights-of-way, or for operation and maintenance activities by the Department of Parks and Recreation. Section 9. TMC Section 14.30.060 is hereby reenacted to read as follows: 14.30.060 Standards A. Unless the Director requires more stringent standards to mitigate a project's impact to the public and environmental health and safety, development activities within the City shall be undertaken in accordance with the following minimum standards, which may be amended from time to time by the Director: 1. The City's National Pollutant Discharge Elimination System (NPDES) permit. CC: Leg islative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 9 of 23 293 2. The 2021 King County Surface Water Design Manual, attached hereto as "Exhibit A," is hereby adopted by reference as the City of Tukwila "Surface Water Design Manual" and, together with the amendments thereto as set forth in this section, shall be known and referred to as the "Surface Water Design Manual" or the SWDM. 3. The Department of Ecology 2019 Stormwater Management Manual for Western Washington ("DOE SWDM"), may be used for project design for multi - jurisdictional development projects wherein a substantial and material portion of the developmentproject will take place outside of the jurisdictional bou ndaries of the City and will be required by a permitting authority to comply with the standards set forth in the DOE SWDM; provided that the PublicWorks Director approves of the DOE SWDM based upon a finding thatapplication of differing standards set forth in the SWDM and the DOE SWDM will create a hardship for the applicant, and that approval of use of the DOE SWDM will not result in requirements that are less restrictive than the SWDM or otherwise inconsistent with the purpose of this chapter. 4. The 2021 King County Stormwater Pollution Prevention Manual, attached hereto as "Exhibit B", is hereby adopted by reference as the City of Tukwila Stormwater Pollution Prevention Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the "Stormwater Pollution Prevention Manual" or the "SPPM." 5. The Public Works Surface Water Regulations and Procedures. 6. Any applicable standards, codes, or recommendations in specific reports such as the geotechnical report and the Technical Information Report. 7. The City's Development Guidelines and Infrastructure Design and Construction Standards. 8. The Comprehensive Surface Water Management Plan or Drainage Basin Plans. B. Unless the context indicates otherwise, the following terms and phrases, as used in the SWDM or the SPPM, shall have the meaning or reference given: 1. See Figure 14-4 relating to Tukwila Terminology Equ ivalents to King County Terminology. 2. All references to King County codes or any section thereof in the SWDM or the SPPM shall be replaced by reference as indicated in Figure 14-5 to the applicable code and comparable section thereof. 3. All references to maps in the SWDM and SPPM shall be replaced by reference as indicated in Figure 14-6. CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 294 Page 10 of 23 Section 10. TMC Section 14.30.070 is hereby reenacted to read as follows: 14.30.070 Permits A. Activities that trigger drainage review pursuant to the "Surface Water Design Man u al" requ ire a permit to be issued by the City. Such permits shall be non -transferable with outapproval of the Director and shall be limited to the specific activities for which they are granted. B. All plans, drawings., and calculations shall be prepared, stamped, signed and dated by a registered professional engineer, licensed in the State of Washington. A single-family residence that is not in a critical area and does not trigger drainage review may be exempt from this requirement. C. The submittals for the permit must meet or exceed the minimum criteria as required in the standards adopted in this chapter. The Director may require additional submittals to those described therein. D. Any significant changes to the approved plans or specifications of a permitted project require a revision submittal to the City for approval before the changes are implemented. Section 11. TMC Section 14.30.080 is hereby established to read as follows: 14.30.080 Compliance Required Property owners are responsible for the maintenance, operation and repair of stormwater drainage systems within their property. Property owners shall maintain, operate and repair stormwater drainage systems in compliance with the requirements of this chapter and the "Surface Water Design Manual." Section 12. TMC Section 14.30.085 is hereby established to read as follows: 14.30.085 Maintenance Required. A. All stormwater drainage systems in the City shall be maintained according to this chapter and the minimum maintenance standards detailed in the "Surface Water Design Manual." B. All stormwater drainage systems shall be inspected on a periodic basis, as described in the "Surface Water Design Manual." If, during an inspection, a stormwater drainage system is found notto be in compliance with the minimum required standards, the owner or operator of the stormwater drainage system shall immediately repair the system and retu m it to proper operating condition in compliance with th is chapter and any applicable covenant. Inspections may be scheduled more frequently to ensure the stormwater drainage system continually functions as designed. C. Where abatement is found necessary to correct health or safety problems, to control pollutants from entering the stormwater drainage system, to prevent su rface water CC: Legislative Development\TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 11 of 23 295 or ground water quality degradation, or to remove pollutants that have entered the stormwater drainage system, such work shall be completed immediately by the owner or operator of the stormwater drainage system. If the owner does not complete the work, the City is authorized to enter the property and abate the problem in accordance with TMC Section 14.30.090. D. Where regular maintenance and/or repair is found necessary during inspection, maintenance shall be performed in accordance with the maintenance schedule established by the stormwater manual. Section 13. TMC Section 14.30.090 is hereby established to read as follows: 14.30.090 Inspection Authority and Procedure A. Inspection authority. Whenever implementing the provisions of this chapter or whenever there is cause to believe that a violation of this chapter has been or is being committed, the Director is authorized to inspect during regularworking hoursand at other reasonable times all stormwater drainage systems within the City to determine compliance with the provisions of this chapter. B. Inspection procedure. The procedure outlined below shall be followed when inspections occur: 1. Prior to making any inspections on private property, the Director shall present identification credentials, state the reason for the inspection and request entry. 2. If the property or any building or structure on the property is unoccupied or inaccessible, the Director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry. 3. If, after reasonable effort, the Director is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the Director may enter. 4. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist that create an imminent hazard, the Director shall obtain a search warrant, prior to entry, as authorized by the laws of the State of Washington. 5. The Director may in spect th e stormwater drainage system without obtaining a search warrant as provided for in TMC Section 14.30.090.6.4, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. CC: Leg islative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 296 Page 12 of 23 6. The Director shall investigate illicit discharges in an effort to identify the source. If such discharges are tracked to a specific connection to the public stormwater drainage system, or directly to surface water or grou nd water, inspection and investigation of that site will be initiated in compliance with the inspection procedures defined in this section. If the discharge is an imminent threat to public safety or the environment, emergency action shall be taken in accordance with this TMC Section 14.30.090. Section 14. TMC Section 14.30.100 is hereby established to read as follows: 14.30.100 Inspection and Maintenance Schedule for Stormwater Flow Control and Water Quality Treatment Facilities. A. The Director shall establish inspection and maintenance scheduling and standards for all publicly and privately owned stormwater flow control and water quality treatment facilities. The maintenance of the stormwater flow control and water quality facilities shall be guided by the "Surface Water Design Manual." The base frequency for inspection and maintenance shall be in accordance with the NPDES permit currently in effect. B. The City requires all inspections to be paid for by the property owner and conducted by a City -approved third -party inspector unless approved otherwise by the Di rector. C. Adjustment to a less than annual inspection frequency may be revised as approved by the Director based upon maintenance records of double the length of time of the proposed inspection frequency. Section 15. TMC Section 14.30.110 is hereby established to read as follows: 14.30.110 Maintenance Covenant Required for Stormwater Flow Control and Water Quality Treatment Facilities A. Prior to the issuance of any permit for wh ich a construction Stormwater Pollution Prevention Plan is required, the City shall require the applicant or property owner to complete and submit a Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPs ("covenant") for the City's review and approval, warranting that the property owner will manage, inspect, and maintain the stormwater flow control and water quality treatment facilities per the conditions required by TMC Chapter 14.30 and the covenant. 1. Ata minimum, the covenant shall describe the maintenance activities, spell out the frequency for each activity and state who performs and who pays for each activity. 2. The covenant shall provide unlimited access, at all reasonable times, to the stormwater drainage systems for inspection by the Public Works Department. CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 13 of 23 297 B. Once approved by the City, the covenant shall be signed by the applicant or property owner and promptly recorded on title with the King County Department of Records and Elections. A copy of the recorded covenantshall be provided to the Director prior to the final inspection. C. The covenant shall be included in any instrument of conveyance of the subject property, shall run with the land, and shall be binding upon such owner's heirs, successors, and assigns. Section 16. TMC Section 14.30.120 is hereby reenacted to read as follows: 14.30.120 Inspection and Maintenance Records A. For privately -owned stormwater drainage systems, the applicant shall provide a monitoring and maintenance schedule forthe life of each stormwater drainage system or component thereof or best management practice resulting from the development. At a minimum, the schedule shall describe the maintenance activities, spell outthe frequency for each activity and state who performs and who pays for each activity. B. The monitoring and maintenance schedule shall provide unlimited access, at all reasonable times, to the stormwater drainage systems for inspection by the Public Works Department. C. The Director shall review and approve the monitoring and maintenance schedule before the applicant records the schedule with King County Records. D. Owners of projects distributing over one acre must maintain records of facility inspections and maintenance actions. Records shall be retained fora period of at least ten years. These maintenance records are to be provided to the City upon request. E. For new residential developments in excess of 1 acre, additional inspections are required of all new flow control and water quality treatment facilities, including catch basins, every six months during the period of heaviest residential construction (i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed. The City will perform periodic inspections of these same stormwater drainage systems. Section 17. TMC Section 14.30.130 is hereby reenacted to read as follows: 14.30.130 Special Drainage Fee When the City accepts stormwater drainage system infrastructure that requires upkeep in excess of normal maintenance, the City has the right to charge the benefiting parties a special drainage fee in addition to the City's normal surface water charge, as condition of turnover, in order to cover costs for this maintenance. CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 298 Page 14 of 23 Section 18. TMC Section 14.30.140 is hereby reenacted to read as follows: 14.30.140 Inlet Marking A. All new inlets and catch basin grates, public or private, shall be marked "No Du mping! Drain s to Stream." In addition , a four -inch raised pavementmarking that states "No Dumping—Drains to Streams" or equivalent as approved by the Director shall be installed. B. Existing inlets and catch basin grates in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised pavement marking that states "No Dumping—Drains to Streams" or equivalent as approved by the Director shall be installed. C. Markings required by this section shall meet the standard in the Development Guidelines and Infrastructure Design and Construction Standards. Section 19. TMC Section 14.30.150 is hereby reenacted to read as follows: 14.30.150 Trash and Waste Receptacles A. Restaurants, including food preparation facilities, facilities with an outdoor trash compactor, or facilities that have been determined to generate pollution or waste activities, shall have a dedicated, roof -covered trash enclosure th atdrai n s to a catch basin connected to a grease interceptor that drains to the sanitary sewer. The trash enclosure area shall be kept clean and contained and shall not drain to a storm drainage system. B. Dumpsters and garbage and waste containers shall be leak -proof and kept closed or lidded at all times except when disposing of waste materials. C. Grease storage containers shall be kept covered at all times and shall have spill containment. The area shall be kept clean and clear of any fats, oil or grease and shall not drain to a storm drainage system or sanitary sewer system. Section 20. TMC Section 14.30.160 is hereby reenacted to read as follows: 14.30.160 Financial Guarantees A. The Director may require from the applicant a surety, cash bond, irrevocable letter of credit or other means of financial guarantee acceptable to the City, prior to approving a permit issued under TMC Chapter 14.30. B. The amount of the financial guarantee shall not be less than the total estimated construction cost of all interim and permanent stormwater control facilities and shall not be fully released without fin al inspection and approval of completed work by the City. CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 15 of 23 299 C. For developments that may involve a risk of property damages or possible hazards, the Public Works Director may require the provision of financial guarantee (bond, note, letter of credit, etc.) with the City to mitigate damages should theyoccur. The following provisions shall apply in instances where such financial guarantees are required: 1. Such bond or other proof of financial guarantee shall not exceed 150% of the estimated cost of constructing and maintaining those improvements which are the source of the risk or potential hazard; provided that, in the case of surface water activities which do not involve expenditures at least equal to the cost of remedying the possible adverse impacts of such activities, the required financial guarantee shall be equal to City staff's best estimate of the possible cost directly associated with remedying the adverse impacts to public or private properties not associated with the development. 2. The amount of any financial guarantee shall not serve as a gauge or limit to the compensation collected from a property owner because of damages associated with any surface water activity. D. The City shall retain the financial guarantee until the completion of any project involving surface water activity or following a prescribed trial maintenance period. E. The City may redeem financial guarantees provided in accordance with this provision in whole or in part upon determination by the Director that any or all of the following circumstances exist: 1. Failure on the part of the party providing such financial guarantee to fully comply, within the time specified, with approved plans and/or any corrective or enforcement actions mandated by TMC Chapter 14.30; or, 2. Damages to pu blic or private property arising from the activities for wh ich the financial guarantee was required. Section 21. TMC Section 14.30.170 is hereby reenacted to read as follows: 14.30.170 Insurance A. If, in the opinion of the Director, the risks to property or life and safety associated with a proposed development activity are substantial, the Director may require the owner of the storm drainage system to purchase liability insurance coverage in the following minimum amounts: 1. Bodily injury liability - $3 million per occurrence. 2. Property damage liability - $3 million per occurrence. B. The Director may require higher policy limits than set forth in TMC Section 14.30.170.A in those cases where the min imu m amou nts are deemed insufficientto cover possible risks. CC: Leg islative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 300 Page 16 of 23 C. All insurance policies obtained in accordance with TMC Section 14.30.170 shall name the City of Tukwila as an "additional insured," and shall be written by a company licensed to do business in the State of Washington. Neither issuance of a permit, nor compliance with these provisions or any other conditions imposed by the City relieves any person from responsibility for damage to persons or property otherwise imposed by law, nor for damages in an amountgreater than the insured amount. Issuance of a permit shall not form the basis of liability against the City for damages to persons or property arising from the development activities permitted by the City or otherwise undertaken by any person. Section 22. TMC Section 14.30.180 is hereby established to read as follows: 14.30.180 Discharge Prohibitions A. Prohibition of Illicit Discharges. 1. No person shall throw, drain or otherwise discharge or cause or allow others under its control to throw, drain, or otherwise discharge directly or indirectly into the stormwater drainage system and/or surface and groundwaters any materials other than stormwater. 2. Examples of prohibited contaminants include, but are not limited to, the following: a. Trash or debris. b. Construction materials. c. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil and heating oil. d. Antifreeze and other automotive products. e. Metals in either particulate or dissolved form. f. Flammable or explosive material. g. Radioactive material. h. Batteries. i. Acids, alkalis or bases. j. Paints, stains, resins, lacquers or varnishes. k. Degreasers, solvents or drain cleaners. 1. Pesticides, herbicides or fertilizers. m. Steam cleaning wastes. n. Soaps, detergents or ammonia. o. Swimming pool or spa filter backwash. p. Chlorine, bromine or other disinfectants. q. Heated water. CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 17 of 23 301 r. Domestic animal waste. s. Sewage. t. Recreational vehicle waste. u. Animal carcasses. v. Food waste. w. Bark and otherfibrous materials. x. Lawn clippings, leaves or branches. y. Silt, sediment, concrete, cement, or gravel. z. Chemicals not normally found in uncontaminated water. aa. Any other process -associated discharge, except as otherwise allowed in TMC Section 14.30.190 and any hazardous material or waste not listed above. B. Prohibition of Illicit Connections. 1. The construction, use, maintenance, or continued existence of illicit connections to the stormwater drainage system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this chapter if that person allows a currently -illicit stormwater drainage system connection to continue to exist. Section 23. TMC Section 14.30.190 is hereby established to read as follows: 14.30.190 Allowable Discharges The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of su rface water or groundwater: 1. Diverted stream flows. 2. Rising groundwaters. 3. Uncontaminated groundwater infiltration, as defined in 40 Code of Federal Regulations (CFR) 35.2005(20). 4. Uncontaminated pumped groundwater. 5. Foundation drains. 6. Air conditioning condensation. 7. Irrigation water from agricultural sources that is comingled with urban stormwater. 8. Springs. CC: Leg islative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 302 Page 18 of 23 9. Water from crawl space pumps. 10. Footing drains. 11. Flows from riparian habitats and wetlands. 12. Discharges from emergency fire fighting activities Section 24. TMC Section 14.30.200 is hereby established to read as follows: 14.30.200 Conditional Discharges The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated conditions or unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: 1. Potable water, including water from water line flushing, hyperchlorinabd water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH - adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent re -suspension of sediments in the stormwater system. 2. Lawn watering and other irrigation runoff are permitted but shall be minimized. 3. De -chlorinated swimming pool discharges. These discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system. 4. Street and sidewalk wash water, water used to control dust and routine external building wash -down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. 5. Non-stormwater discharges covered by another NPDES permit, provided the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted from the Director for any discharge to the stormwater drainage system. 6. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of a Stormwater Pollution Prevention Plan ("SWPPP") reviewed and approved by the City that addresses control of such discharges by applying AKART to prevent contaminants from entering surface or groundwater. 7. Storm system dye testing is allowable by the City and dye testing by others requires written notification to the City with approval from the Director. CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 19 of 23 303 Section 25. TMC Section 14.30.210 is hereby established to read as follows: 14.30.210 Best Management Practices A. Operational Source Control BMPs. All activities with the potential to release pollutants directly or in directly to the City's stormwater drainage system must be mitigated by Source Control BMPs to prevent or reduce pollutants in runoff. For all discharges, property owners or persons in control shall implement operational Source Control BMPs to prevent or minimize pollutants from leaving a site or property and to prevent contaminants from coming in contact with stormwater. B. Additional BMPs. Property owners or persons in control of sites with pollutant generating activities shall implement Source Control BMPs to the extent necessary to prevent prohibited discharges. If Operational Source Control BMPs are insufficient to prevent prohibited discharges, the Director may require the implementation of structural Source Control BMPs or treatment BMPs in accordance with the SPPM or SWDM. Section 26. TMC Section 14.30.220 is hereby reenacted to read as follows: 14.30.220 Liability Liability for any adverse impacts or damages resulting from work performed in accordance with any permit issued on behalf of the City for the development of any site within the City limits shall be the sole responsibility of the applicant. Section 27. TMC Section 14.30.230 is hereby established to read as follows: 14.30.230 Enforcement Authority, Procedure, and Penalties. A. The Director shall have the authority to issue an enforcement order to an owner or responsible party to abate an illicit discharge, and/or maintain or repair a component of a stormwater drainage system in accordance with the provisions of this chapter. Th e order shall include: 1 A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur; 2. A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and 3. A reasonable time to comply, depending on the circumstances. B. The Director may impose an inspection fee for any stormwater drainage system found not to be in compliance with this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. Inspection fees shall also be applied if the City is required to inspect a stormwater drainage system because the property owner failed to complete the required annual inspection. Inspection fees shall be in accordance with the fee schedule adopted by resolution of the City Council. CC: Legislative Development \TNIC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 304 Page 20 of 23 C. If the enforcement order is not adhered to, the City may provide such actions as needed to repair, restore or maintain the stormwater drainage system. If at any time the City determines that the existing system creates any imminent threat to public health or welfare, the City may take immediate measures to remedy said threat. Under such circumstances no notice to the owner of the system shall be required. D. The owner of the stormwater drainage system shall assume all responsibility for the cost of any maintenance and for repairs to the system. Such responsibility shall include reimbursement to the City within 30 days of the receipt of the invoice for any work the City performs pursuant to TMC Section 14.30.230.D. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the City will be borne by the parties responsible for said reimbursements. E. In the event the property owner fails to pay the City within 30 days from the date the costs were incurred, the City shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the premises and will be filed with the County Auditor within 90 days from the date of the completion of the work. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the State of Washington. F. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform with the terms of an order issued by the Director shall be subject to a civil penalty as provided in TMC Chapter 8.45. Each day of continued violation shall constitute a separate violation for purposes of this penalty. Section 28. TMC Section 14.30.240 is hereby reenacted to read as follows: 14.30.240 Injunctive Relief A. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or issued pursuant to TMC Chapter 14.30, it may either before or after the institution of any other action or proceeding authorized by TMC Chapter 14.30 institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall not relieve any party to such proceedings from any penalty prescribed for violations of TMC Chapter 14.30. Section 29. TMC Section 14.30.250 is hereby reenacted to read as follows: 14.30.250 Appeals The appeals process for/by any person aggrieved by the action of the City is provided underTMC Chapter 8.45, "Enforcement." CC: Legislative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs Page 21 of 23 305 Section 30. Figures 14-4, 14-5 and 14-6 Amended. The following figures, as codified in TMC Chapter 14.30, "Surface Water Management," are hereby reenacted to read as shown on the figures attached herein. Figure 14-4, Tukwila Terminology Equivalents to King County Terminology Figure 14-5, Tukwila Municipal Code Equivalentto King County Code Figure 14-6, Tukwila Maps Equivalentto King County Maps or Designation Section 31. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 32. 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 33. Severability. If any section, su bsection , 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 34. Effective Date. This ordinance or a su mmary thereof shall be pu blished in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2022. 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 Attachments: ExhibitA - The 2021 Kinq County Surface Water Design Manual CC: Leg islative Development \TMC Ch 14.30 re Surface Water Management 6-21-22 GV:bjs 306 Page 22 of 23 ExhibitB - The 2021 King CountyStormwater Pollution Prevention Manual Figure 14-4, Tukwila Terminology Equivalents to King County Terminology Figure 14-5, Tukwila Municipal Code Equivalentto King County Code Figure 14-6, Tukwila Maps Equivalent to King County Maps or Designation CC: Legislative Development\TMC Ch 14.30 re Surface Water Management 6-21-22 G V: bjs Page 23 of 23 307 Table 14.4 Tukwila Terminology Equivalents to King County Terminology King County Term City of Tukwila Term Agricultural Project Term does not apply. Critical Drainage Area Critical Drainage Area means an area as determined by the City needing additional controls (beyond those in the SWDM) to address flooding, drainage and/or erosion condition that poses an imminent likelihood of harm to the welfare and safety of the surrounding community. DDES1 / DPER City of Tukwila Department of Community Development. DNRP1 City of Tukwila Department of Community Development. Director City of Tukwila Public Works Director. King County City of Tukwila. King County Road Design and Construction Standards (KCRDCS) City of Tukwila Infrastructure Design and Construction Standards. Water and Land Resource Division City of Tukwila Public Works. Zoning Classifications: Agriculture (A); Forest (F); Rural Area (RA) These zoning classifications are intended for areas outside the Urban Growth Boundary; therefore the City of Tukwila contains no equivalent zoning. Refer to City of Tukwila zoning maps and designations. 'Other terms used in the KCSWDM to reference other King County staff or departments shall also refer to the City of Tukwila Department of Community Development. 308 Table 14.5 Tukwila Municipal Code Equivalent to King County Code' King County Code (KCC) Description Tukwila Municipal Code (TMC) Description KCC 2.98 9.04.060 Critical Drainage Areas TMC 14.30 WATER AND SEWER — Stormwater Management KCC 16.82 BUILDING AND CONSTRUCTION STANDARDS — Clearing and Grading TMC 16.54 BUILDING AND CONSTRUCTION — Grading KCC 21A.14 Development Standards Design Requirements TMC 14.30 WATER AND SEWER — Stormwater Management KCC 21A.24 Critical Areas TMC 18.45 ZONING — Environmentally Sensitive Areas KCC 21A.06 Technical Terms and Land Use Definitions TMC 18.08 ZONING — Districts Established - Map KCC 20.14 Basin Plans TMC 14.30 WATER AND SEWER — Stormwater Management KCC 21A.25 Shorelines TMC 18.44 ZONING — Shoreline Overlay District KCC 9 KCC 9.02 KCC 9.04 KCC 9.08 KCC 9.12 KCC 9.14 Surface Water, Stormwater and Groundwater Management Surface Water Runoff Policy Surface Water Management Program Water Quality Groundwater Protection TMC 14.30 TMC 18.45 WATER AND SEWER — Stormwater Management ZONING — Environmentally Sensitive Areas 'This table identifies the main City municipal code chapters that contain information/requirements for the City where the SWDM references the King County code. There may be other instances where other City code chapters also apply. 309 Table 14.6 Tukwila Maps Equivalent to King County Maps or Designation King County Map or Designation City of Tukwila Map or Designation Coal Mine Hazard Areas Map Coal Mine Hazards Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Landslide Hazards Landslide Hazards along King County river corridors Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Water Quality Applications Map Not applicable. Aquatic areas (as defined in KCC 21A.06) Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Wetlands (as defined in KCC 21A.06) Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Seismic Hazard Areas Defined and regulated through the Washington State Building Code. Flood Hazard Area (as defined in KCC 21A.06) Flood Plain Management will be regulated through TMC Section 16.52. Steep Slope Hazard Area (no map referenced in the KCSWDM) Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Critical Aquifer Recharge Area (as defined in KCC 21A.06) Not applicable. Wildlife Habitat Conservation Area (as defined in KCC 21A.06) Fish and wildlife habitat conservation areas will be regulated through TMC Chapter 18.44, Shoreline Overlay District, and the regulations in TMC Chapter 18.45 related to wetlands and watercourses. Wildlife Habitat Networks (as defined in KCC 21A.06) No equivalent. All references in the SWDM to the Stormwater Pollution Prevention Manual shall mean and refer to the SPPM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. 310 All references in the SPPM to the Stormwater Design Manual shall mean and refer to the SWDM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. The definition of Critical Drainage Area in Chapter 1 of the SWDM is amended by striking "by administrative rule under the procedures specified in KCC 2.98." The reference in Section 1.1.2.4 of the SWDM to Urban Planned Development shall mean and refer to the equivalent such designation under the City of Tukwila Comprehensive Plan as determined by the City of Tukwila Community Development Director. The note following the third sentence of Section 1.1.3 of the SWDM is stricken. The last paragraph of Section 1.1.4 beginning with "Additional mitigation" is stricken. The reference in Section 1.2.2 at paragraph 2 of the SWDM to KCC 21A.24.110 shall mean and refer to the applicable provision of Title 18 of the Tukwila Municipal Code. All references to Critical Area Review in the SWDM and the SPPM shall mean and refer to Critical Area Review pursuant to Title 18 of the Tukwila Municipal Code. References in the SWDM and SPPM to Chapter 16.82 of the King County Code shall mean and refer to the clearing and grading provisions of Title 16 of the Tukwila Municipal Code. Subsection F of Section 1.2.4.3 of the SWDM is omitted. The reference in Section 1.2.7 to King County Ordinance 12020 shall mean and refer to the financial guarantee requirements of the applicable provisions of the Tukwila Municipal Code or the Public Works Surface Water Regulations and Procedures. Section 1.4.4 of the SWDM is stricken and replaced with the following: All variances ("Adjustments") from Chapter 14.30 of the TMC, the SWDM and the SPPM shall be governed by the procedures, standards and requirements set forth in Chapter 18.72 of the Tukwila Municipal Code, as it now exists or may hereafter be amended. The reference in Section 1.4.5 of the SWDM to KCC 20.20 shall mean and refer to the applicable provisions of Title 18 of the Tukwila Municipal Code. References to offices of King County shall mean and refer to the equivalent offices of the City of Tukwila. Except when the context indicates otherwise, references in the SWDM and the SPPM to specific codes or sections of codes of King County, such as the King County critical areas code, shoreline management code, clearing and grading code, and road standards, shall mean and refer to the equivalent codes or sections of codes of the City of Tukwila. 311 312 COUNCIL AGENDA SYNOPSIS .Q�,� Initials ITEM No. 4S1'' <C 44 Meeting Date Prepared by Mayor's revieav Council revieav ° y 06/27/22 BJM Spec 6 1908 ITEM INFORMATION STAFF SPONSOR: B. MILES ORIGINAL AGENDA DATE: 6/27/22 AGENDA ITEM TITLE Authorize the Mayor to enter into lease agreements for Phase 2 of the Public Works Shop Property. CATEGORY 0 Mtg Discussion Date 6/27/22 0 Motion Mtg Date 6/27/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Pub& Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council 11 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIV SPONSOR'S Authorize the Mayor to enter into agreements for leasing property at 11231 East Marginal SUMMARY Way S including any necessary extensions while the City finalizes the design, planning and bidding of Public Works Shops Phase 2. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office, Economic Development Comm' °IEE N/A, Straight to full council. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 06/27/22 MTG. DATE ATTACHMENTS 06/27/22 No Attachments 313 314 UPCOMING MEETINGS AND EVENTS JUNE - JULY 2022 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available. JUN 27 MON JUN 28 TUE JUN 29 WED JUN 30 THU JUL 1 FRI JUL 2 SAT Safety Committee 5:30 PM Services and Hall — Hazelnut Room Hybrid Meeting D Finance and Governance Committee 5:30 PM 6300 Building — Duwamish Room on god Floor Hybrid Meeting ➢City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting Special Meeting to immediately follow the Committee of the Whole Meeting. r....... `� rPne� ALLENTOWN TRUCK REROUTE PROJECT UPDATE Join City staff monthly for updates on the Truck Reroute project and other projects happening in your neighborhood. 5:30 PM Tukwila Community Center Chick Iha„re for more 'Information. OIy R,, SSII,, l 0lii �. y III�City �l 1,l�j���l�ll�'.�nm, mlllluml mllluoVliimllioluom m I1 oil See July 6 for more information.°.-,.. TUKWILA PO PRESENTS & py N �m ✓S ,„ ' It d 1 ' t p�� [RUISEWItH t mm1IW9N U7wGImY9VI�uI,M' 1 CASCADE VIEW Join Tukwila Police on cruise in Cascade neighborhood and along International Blvd. This back, fun ride and a very pace so all are welcome of skill level. If you don't then stop by before or after, along the way. All riders a bike and helmet to 6:00 PM Cascade View �IGive uluilluuu ul ! iT� a et, '�� ✓ n � ' p a bicycle View Tukwila is a laid leisurely regardless want to ride, or wave must bring participate. Park 8foad lave 3 hve^ ,° � ` DONATE BLOOD TO ENTER 1:L TO WIN FOLLOWING PRIZE PACKAGES BY TODAY! Prize 1— Seafair VIP Experience fort Prize 2p—Peickathon Music Festival for 4 riz3—Traeger BBG Grill Prize 4— Ooni Pizza Oven Your donation is critical! Our community is dangerously low on the platelets and Type 0 blood needed to supply each of the cancer and surgery patients. To schedule an appointment, call 1-800-398-7888. Chick lh to rmaoloedu earrnatlioln uIW an a olllntrnlelntaolnlllllne. STOP BLEED ,,,� „�,,,-, Ci y of Des Moines is offering a FREE Stop the Bleed course and has extended the invite to everyone who lives, works or plays in Tukwila! Space is limited. 6:00 PM — 8:00 PM Chick here to register. Questions? Call 206-870-6562 or email s:.ku rohborg pdesmcnnes:.wa.gov JUL4 MON JUL5 TUE JUL6 WED JUL7 THU JUL8 FRI JUL9 SAT Library Advisory oar 6:30 PM Community Center Hybrid Meeting ��' 9N' I I AIL I� I ., 11V, lII l naduba All communities welcome. The Farmers Market accepts EBT cards.Tukwila 4:00 PM — 7:00 PM Tukwila Village Plaza 14350 Tukwila IntlBlvd Free Summer Meal is offered to youth 18 years and younger. Meal service time is 4:30 PM— 6:30 PM. Chick Ihere for more 'Information on IFREIE Summer Meal Programs for youths 18 years and younger. oc and Social stice D Equity ial Ju Commission 5:30 PM Justice Center Hybrid Meeting HAPPY INDEPENDENCE DAY ��� %4TH!! � City offices closed. PUBLIC FACILITY ACCESS Current in-person office hours TUKWILA COMMUNITY CENTER SPRAY PARK IS OPEN THRU LABOR DAY WEEKEND DAILY 10:00 AM — 8:00 PM FREE TEEN OPEN GYM STARTS JUN 22 MONDAYS AND WEDNESDAYS 6:00 PM — 8:00 PM Teen Open Gym is open to 6"' — 12"' graders to play basketball and volleyball at the Tukwila Community Center. No fee. THE CITY WANTS COMMUNITY FEEDBACK ON 2023-2024 BIENNIAL BUDGET The new budget cycle will be challenging for the City. Revenues are slow to return to pre-pandemic levels. Inflation is at its highest level in 40 years, resulting in higher costs for supplies, materials and wages. We have a budget tool that you can make budget Your challenge is to developa balanced budget. Click here for more information. adjustments.9 9 RENEW YOUR PET LICENSE THRU JUNE 30 AND HAVE YOUR LATE FEES WAIVED License your pet by calling 206-433-1800 Option 0 or pay in-person at the Tukwila City Hall (please see office hours on the left). Click here if you would like to pay for your pet license online. Cityaerk&Faeee Mon &Wed 8:30.,4:00m namansorvlces Mon0wed 8307:42,0„n: ,°,=,T°.„7„=„,„,„,„,„., „,,,- blic Works &000 Mon&wed 330n, 400,c !a yserao P,'.'n'!";;''',`,,,,,,, a „ Ea; 100000000001000000000o DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:00 PM � i VOLUNTEERS — In need of volunteers between 8 AM — 1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions /" Tuesdays, Thursdays and Saturdays. Click here to sign-up to volunteer. Help raise funds by selling fireworks in front of SAAR's Super Savor Foods. There are multiple shifts and dates. Click here to sign-up. DONORS — Please donate at TulkwilalPantry.org. FREE SUMMER YOUTH ORCA PASS s KC Metro is providing free Summer Youth ORCA passes to all V— 12'h grade students who are eligible for free or reduced-price lunches at their schools. Click here to sigln-ulp. NEW TRANSPORTATION SERVICE TO TUKWILA COMMUNITY CENTER MON THRU SAT 5 AM — 1 AM SUNDAYS 6 AM — 12 AM King County KC Metro has launched a new pilot program that will provide on-demand transportation service from anywhere in Tukwila to the Tukwila Community Center. Click here for more information and rates. COVID-19 TESTING Rapid, over the counter COVID tests are now widely available around King County. These tests are also known as home-based self-collected COVID tests or antigen tests provide results in 15 minutes. Click here for more information. Click here to find COVIICD testing sites by location in king County. COVID-19 VACCINATION All Washingtonians ages 5 and up are eligible to receive a COVID-19 vaccination. For more information, visit (setting vaccinated !n King County or call 206-477-3977. You can also search at vacc!ne!ocator.doh.wa.gov Interpreters available for assistance. Telephone-to-text relay service: Dial 711 or 1-800-833-6384. Tactile interpretation: seattledbsc.org. MEDICARE WORKSHOPS ON ENROLLMENT AND BENEFITS Learn about Medicare enrollment, eligibility, benefits and costs in online workshops. You can also get answers to your Medicare questions from a health insurance benefits advisor. Click here for more information. GET CERTIFIED AT YOUR LIBRARY FOR FREE! Take free online classes, practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and more! You will need your KCLS library card number and PIN to access some resources. Click here for more information and registration. & EARN BELLEVUE COLLEGE CREDIT! from Cisco, and apply for college credit from Bellevue College. The courses are online, self-paced and free. information and register to enroll in the tech courses. ICI N G COUNTY LIBRARY SYSTEM FREE TECH COURSES Take free tech courses Click here for more 315 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. JUNE 6 See below link for the agenda packet to view the agenda items: June 6, 2022 Regular Sleeting JUNE 13 See below link for the agenda packet to view the agenda items: June 13, 2022 Committee of the Whole i Special Sleeting JUNE 20 A� T JUNE 27 See below link for the agenda packet to view the agenda items: June 27, 2022 Committee of the Whole/ Special Sleeting FREEDOM DAY 111100717 ' Regular Meeting cancelled due to the holiday. MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. JULY 4 JULY 11 SPECIAL ISSUES - A briefing on the 2024-2044 Comprehensive Plan Update. _ A resolution updating the City Council Rules of Procedure for remote attendance. Special Meeting to follow Committee of the Whole Meeting. JULY 18 CONSENT AGENDA - Authorize the Mayor to sign a Lease Agreement with Sound Cities Association for office space in the 6300 Building through December 31, 2024. - Authorize the purchase of golf carts for the Cart Replacement Program, in an amount not to exceed $60,556.00. UNFINISHED BUSINESS - COVID-19 Bi -weekly Report. - A resolution updating the City Council Rules of Procedure for remote attendance. JULY 25 PRESENTATIONS Tukwila Summer High School Internship Program. SPECIAL ISSUES - Emergency Preparedness Tabletop Exercise. - Acceptance of the National Recreation and Park Association (NRPA) Parks as Community Nutrition Hubs Grant. HAPPY INDEPENDENCE DAY /i ���ii/ Regular Meeting cancelled due to the holiday. 316