HomeMy WebLinkAboutCOW 2022-11-14 COMPLETE AGENDA PACKET
COMMITTEE OF THE WHOLE
Allan Ekberg,Kathy HougardyDe’Sean Quinn
David Cline,Kate KrullerCynthiaDelostrinos Johnson
ThomasMcLeod,Mohamed AbdiTosh Sharp
TBOTHON-SITETCHVIRTUALLY.
HE MEETING WILL BE CONDUCTED AT UKWILA ITY ALL AND ALSO
O-CC(6200SB).
NSITE PRESENCE WILL BE IN THE OUNCIL HAMBERS OUTHCENTER OULEVARD
THEPHONENUMBERFORTHEPUBLICTOPARTICIPATEINTHEMEETINGIS:
1-253-292-9750, ACCESS CODE: 670077847#.
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Monday, November 14, 2022; 7:00
PM
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. LAND
ACKNOWLEDGEMENT
Those wishing to provide public comments may verbally address the City Council
3. PUBLIC COMMENTS
—
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
citycouncil@tukwilawa.gov with your name and topic by 5:00 on the meeting
PM
date. Please clearly indicate that your message is for public comment during the
meeting, and you will receive further instructions.
a. Tax levy legislation: Pg.1
4. PUBLIC HEARINGS
(1) An ordinance increasing the City of Tukwila regular levy from the
Pg.5
previous year, commencing January 1, 2023, on all property, both
real and personal, in compliance with RCW 84.55.120.
(2) An ordinance levying the general taxes for the City of Tukwila in Pg.7
King County for the fiscal year commencing January 1, 2023, on
all property, both real and personal, in said city, that is subject to
taxation for the purpose of paying sufficient revenue to carry on
the services of the several departments of said city for the ensuing
year, with an excess property tax levy for the purpose of paying
debt service on the City’s Unlimited Tax General Obligation Bonds
issued in 2016 and 2019, as required by law.
To provide public hearing comments, please email
citycouncil@tukwilawa.gov, provide your first and last name, and
reference the public hearing topic in the subject line, by 5:00 p.m. on
November 14, 2022 Once you have signed up by email, your name
will be called upon during the meeting to speak for up to 5
Call 1-253-292-9750, ACCESS CODE 670077847# or Join Microsoft
Teams Meeting at 7:00 p.m. on November 14, 2022 to access the
meeting.
You may also attend the public hearing in person and provide
your comments on-site.
COMMITTEE OF THE WHOLE MEETING
November 14, 2022
Page 2
Pg.15
4. PUBLIC HEARINGS b. Budget legislation:
(cont.)
Pg.19
(1)An ordinance adopting the biennial budget of the City of Tukwila for
the 2023-2024 biennium.
Pg.25
(2) A resolution adopting the 2023-2028 Financial Planning Model and
the Capital Improvement Program for general government and the
City’s enterprise funds.
Pg.29
(3) An ordinance amending Ordinance No. 2641, which adopted the
City of Tukwila's Biennial Budget for the 2021-2022 biennium, to
adopt an amended year-end budget.
Pg.47
c.Business and Occupation (B&O) Tax legislation:
An ordinance establishing a new Chapter 3.26 of the Tukwila
Municipal Code (TMC) entitled, “Business and Occupation Tax”;
establishing TMC Chapter 3.27 entitled “Business and Occupation
Tax Administrative Provisions”; and providing for a referendum
process.
To provide public hearing comments, please email
citycouncil@tukwilawa.gov, provide your first and last name, and
reference the public hearing topic in the subject line, by 5:00 p.m. on
November 14, 2022 Once you have signed up by email, your name
will be called upon during the meeting to speak for up to 5
Call 1-253-292-9750, ACCESS CODE 670077847# or Join Microsoft
Teams Meeting at 7:00 p.m. on November 14, 2022 to access the
meeting.
You may also attend the public hearing in person and provide
your comments on-site.
a. Tax levy legislation: Pg.1
5. SPECIAL ISSUES
(1)An ordinance increasing the City of Tukwila regular levy from the
Pg.5
previous year, commencing January 1, 2023, on all property, both
real and personal, in compliance with RCW 84.55.120.
(2) An ordinance levying the general taxes for the City of Tukwila in Pg.7
King County for the fiscal year commencing January 1, 2023, on
all property, both real and personal, in said city, that is subject to
taxation for the purpose of paying sufficient revenue to carry on the
services of the several departments of said city for the ensuing
year, with an excess property tax levy for the purpose of paying
debt service on the City’s Unlimited Tax General Obligation Bonds
issued in 2016 and 2019, as required by law.
COMMITTEE OF THE WHOLE MEETING
November 14, 2022
Page 3
Pg.15
5. SPECIAL ISSUES b. Budget legislation:
(cont.)
Pg.19
(1) An ordinance adopting the biennial budget of the City of Tukwila
for the 2023-2024 biennium.
Pg.25
(2) A resolution adopting the 2023-2028 Financial Planning Model and
the Capital Improvement Program for general government and
the City’s enterprise funds.
Pg.29
(3) An ordinance amending Ordinance No. 2641, which adopted the
City of Tukwila's Biennial Budget for the 2021-2022 biennium,
to adopt an amended year-end budget.
Pg.47
c. Business and Occupation (B&O) Tax legislation:
An ordinance establishing a new Chapter 3.26 of the Tukwila
Municipal Code (TMC) entitled, “Business and Occupation Tax”;
establishing TMC Chapter 3.27 entitled “Business and Occupation
Tax Administrative Provisions”; and providing for a referendum
process.
Pg.99
d. A resolution authorizing the transfer of funds for the purpose
of making a loan from the Sewer Fund to the General Fund;
establishing an interest rate and repayment schedule for said
interfund loan (Fire Department apparatus).
Pg.107
e. An ordinance amending Tukwila Municipal Code Chapter 11.08,
“Right-of-Way Use Permits.”
Pg.143
f. A resolution repealing Resolution Nos. 2012, 2021, and 2046, and
adopting a Consolidated Permit Fee Schedule.
Pg.167
g. An ordinance setting Council compensation for 2023-2026.
Pg.177
h. A contract with Ogden Murphy Wallace for City Attorney services
for 2023-2024.
Pg.193
i. A contract with Kirshenbaum & Goss for public defense services
for 2023-2024.
Pg.209
j. Non-Represented Employees Market and Compression Study.
a. Mayor
6. REPORTS
b. City Council
c. Staff
7. MISCELLANEOUS
8.
EXECUTIVE SESSION
9. ADJOURNMENT
This agenda is available at www.tukwilawa.gov, and in alternateformats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov)
WELCOME TO THE TUKWILA CITY COUNCILMEETING
TheTukwila City Council encourages community participation inthe local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
strd
Regular Meetings
are held at 7:00 p.m. on the 1and 3Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinancesat Regular Meetings.
ndth
Committee of the Whole Meetings
are held at 7:00 p.m. on the 2and 4Mondays of each month. The
City Council considers current issues, discusses policy mattersin detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLICCOMMENTS
Members of the publicare 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 commentson an
agenda item when the item is presented in the agenda, but speakersare 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 apresentation.
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 askfurther
clarifying questions of the speakers.
6.Members of the public who wish to address the Council on thehearing 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:https://www.tukwilawa.gov/departments/city-council/
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October 24, 2022 5:30 p.m. Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present:
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Staff Present:
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Committee Recommendation
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Committee Recommendation
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Committee Recommendation
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October 24, 2022 5:30 p.m. Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present:
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Staff Present:
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Committee Recommendation
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Committee Recommendation
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Committee Recommendation
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Governance Committee
FROM: Vicky Carlsen, Finance Director
BY: Aaron Williams, Fiscal Manager
CC: Mayor Ekberg
October 24, 2022
DATE:
SUBJECT: 2022 Biennial Budget Amendment Ordinance
ISSUE
Approve the administrative 2022 biennial budget amendments.
BACKGROUND
While amending the budget is only required when a fund, in total, is in danger of exceeding budget,
it is a best practice to adjust the budget to identify significant changes in financial plans, policy
decisions, and provide transparency for key decisions.
Several of the proposed budget amendments have been reviewed and consensus given by Council
Committee and/or Council process as noted below in the discussion. The proposed budget
amendments make the following types of modification to the current biennium:
Housekeeping amendments such as adjusting budgeted beginning fund balance to actual
beginning fund balance,
Increasing certain general fund revenue streams,
Reflect revenue-backed projects/expenditures,
Formalize budget amendments previously approved via Council consensus
All budget amendments are detailed below with explanations provided for each amendment as well
as the effect on ending fund balance. Budget amendments are summarized by fund in the tables
attached to this memo.
DISCUSSION
General Fund
Adjust Beginning Fund Balance
A beginning fund balance increase of $3,525,024 to adjust the budgeted beginning fund balance to
reflect the actual beginning fund balance. Fiscal year 2021 ended the year with a fund balance of
$16.9 million, which exceeds the fund balance policy by approximately $5.3 million. This increase
in beginning fund balance is one leg of the three-legged stool to balance the 2023-2024 budget.
It should be noted that after all amendments, the general fund is expected to meet, and exceed,
reserve policy in 2022.
31
INFORMATIONAL MEMO
Page 2
Amendments by Department
The footnotes following the chart provide additional details about each proposed amendment.
Footnote
2022
Dept. Description of Proposed Amendment
RevenueExpenditure
Recreation-ParksPartners in Employment contract (part of SEEK)64,000 64,000
1a
Recreation 1b Summer Experience & Enrichment (SEEK) grant30,000 30,000
RecreationYou Got Next Tukwila Basketball Festival (held at TCC 9/17/22)20,000 20,000
1c
RecreationKaleidoscope Play & Learn (KPL) Program10,000 10,000
1d
Recreation Total124,000$ 124,000$
Community DevelopmentTDM Program, new Sustainable Transportation Communication Specialist70,000 70,000
2
Community Development Total70,000$ 70,000$
FireIncrease to Contract-Karen Reed Fire Advisory Task Force40,000
3
FireDispatching-ValleyComm contract costs80,000
4
FireSalaries/Benefits (Includes leave payouts and overtime)355,000
5
Fire Department Total-$ 475,000$
Dept. 20 - Transfers OutTransfer out to 105, 10% PY constr sales tax166,463
6
Interfund Loan from 402 and subsequent tranfser out to 305 for engine
Dept. 20 - Transfers Out
7
purchase
1,100,0001,100,000
Dept. 20 Transfers Total1,100,000$ 1,266,463$
General RevenueIncrease to Retail Sales Tax revenue budget500,000
8
General RevenueIncrease to utility tax revenue budget500,000
8
Increase to Gambling tax revenue budget
General Revenue 8 1,000,000
Total General Revenue Amendments2,000,000$ -$
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1) Add revenue and expenditure budgets for Parks & Recreation grants awarded to the City.
a. Partners in Employment, part of the SEEK program, provided youth with education
opportunities to learn about ecosystem restoration. Program enrolled 91 youth over the
summer. (authorized 6/6/22 Special meeting)
b. SEEK grant, remaining activity incurred as part of the summer recreation experiences for
the SEEK grant. A total of 131 participants took part. (authorized 2/28/22 Special
meeting)
c. You Got Next Tukwila Basketball Festival held at TCC on 9/17 in partnership with the
Seattle Sports Commission, also includes some rental fees paid for TCC usage. Total
attendance was approximately 450 with 250 of those being youth, event was provided to
the public for free. (from 9/17/22 Community Services & Safety Committee)
d. Funding for Kaleidoscope Play & Learn Program. KPL provides children and their
caregivers with culturally and developmentally appropriate play activities as well as peer
growth. (grant contract amended with additional funds)
2) Add revenue and expenditure budgets for the addition of a new FTE to the TDM Program,
grant funded. The new grant-funded Sustainable Transportation Communications Specialist
will coordinate TDM communications and media to reach residents, commuters, and
employers in Tukwila and South King County. (authorized 6/6/22 regular meeting)
extended to allow her to continue leading the TFD annexation conversation. (approved 5/2/22
regular meeting)
4) Add expenditure budget for additional Valley Communications contract costs, 2022 budget
was based on a low estimate; assessment increased 15% over prior year.
5) Adjustment to increase Fire salaries and benefits, which includes leave payouts and additional
overtime. In anticipation of upcoming retirements, the department has been hiring several
new employees. A portion of the amendment covers leave payouts for these retirements, as
well as covering addition costs incurred to maintain minimum staffing levels. Leave payouts
also include compensation time as specified in the Interlocal Agreement.
6) Annual transfer to Contingency Fund from General fund of 10% of prior year construction
related sales taxes, per reserve policy. Based on 2021 construction sales taxes of $1,664,634.
32
INFORMATIONAL MEMO
Page 3
7) Interfund loan from Sewer Fund (402) to the General Fund (000) and transfer to PSP Fund
(305) for purchase of Fire Engine for PSRFA contract. (Interlocal Agreement with PSRFA
approved 10/3)
8) Adjustments to reflect additional revenues anticipated above budget for Sales Tax, Gambling
Tax and Utility Taxes. The City continues to see improvements in some revenue streams;
however some revenues are still lagging behind pre-pandemic levels.
Other Funds
Included in the proposed budget amendments are amendments in other funds. In addition to the
amendments listed below, beginning fund balances are being adjusted to reflect actual balance
available in the fund. The footnotes following the chart provide additional details about each
proposed amendment.
2022
FundFootnoteDescription of Proposed AmendmentRevenueExpenditure
Transfer Gen Fd - 10% Prior year constr sales tax revenues
Contingency - Fund 105 166,463
6
Total Contingency Fund Amendments166,463$ -$
Drug Seizure - Fund 109Mental Health Co-Responder (carryforward from 2021)85,000
9
Drug Seizure - Fund 109 10 SPIDR Tech for public perception survey's20,000
Purchase of armored truck for SWAT
Drug Seizure - Fund 109 100,000
11
Total Drug Seizure Fund Amendments-$ 205,000$
Transfer from 301 to 306 of prior year available REET 500,000
19
Land Acq, Rec., & Park Dev. - Fund 301
Total Land Acq., Rec., & Park Dev. Amendments$ -$ 500,000
City Hall siding repair additional budget
Gen Gov Improvements - Fund 303 12 100,000
Total General Government Improvements Amendments$ -$ 100,000
Public Safety Plan - Fund 305Transfer In from General Fund and Engine purchase for RFA per contract1,100,000 1,100,000
7
Public Safety Plan - Fund 305Fire Equipment additional for RFA per contract 200,000
7
Total Public Safety Plan Amendments1,100,000$ $ 1,300,000
City Facilities (PW Shops) - Fund 306PWS Phase 1 Additional project costs, funding from land sale/utilities 1,000,000 1,000,000
13
City Facilities (PW Shops) - Fund 306phase 2-land sales 2,000,000
14
City Facilities (PW Shops) - Fund 306Authorize PWS expenditures (carried forward budget) 1,500,000
14
City Facilities (PW Shops) - Fund 306Transfer from 301 to 306 of prior year available REET 500,000
19
Total City Facilities (PW Shops) Amendments3,500,000$ 2,500,000$
Golf operational adjustments
Golf Course - Fund 411 300,000 200,000
15
Total Golf Course Amendments300,000$ $ 200,000
Water - Fund 401PWS Phase 1 - $500k utility fund transfer to 306 (@ 34% alloc) 170,000
13
Total Water Amendments$ -$ 170,000
Sewer - Fund 402Interfund Loan to General Fund for RFA engine purchase 1,100,000
7
Sewer - Fund 402PWS Phase 1 - $500k utility fund transfer to 306 (@ 19% alloc) 95,000
13
Total Sewer Amendments$ 1,195,000-$
Surface Water - Fund 412 13 PWS Phase 1 - $500k utility fund transfer to 306 (@ 47% alloc) 235,000
Total Surface Water Amendments$ -$ 235,000
Equipment Rental & Replacement (501)Carryforward of 2021 budget for Vactor truck (delayed in 2021) 600,000
16
Equipment Rental & Replacement (501)Increase to fuel budget due to high gas prices 122,000
17
Repair costs for damaged aerial
Equipment Rental & Replacement (501)18 97,000
Total Equipment Rental & Replacement Amendments$ -$ 819,000
6) Transfer to Contingency Fund from General fund of 10% of prior year construction related
sales taxes. Based on 2021 construction sales taxes of $1,664,634.
7) Interfund loan from Sewer Fund (402) to the General Fund (000) and transfer to PSP Fund
(305) for purchase of Fire Engine for PSRFA contract. Additionally, for PSP fund 305: Add
budget for additional Fire equipment purchases for PSRFA contract. (Interlocal Agreement
with PSRFA approved 10/3)
9) Drug Seizure fund 109: carryforward of 2021 budget for Mental Health Co-responder. The
Department budgeted this pilot program for 2021 but the program actually began incurring
expenses in 2022.
10) Drug Seizure fund 109: The Department partnered with SPIDR Tech to send out
questionnaires, surveys, and updates to 911-callers to gauge public perception of police
services and to improve communication with victims of crimes. (discussion at 4/25 CSS
Committee)
33
INFORMATIONAL MEMO
Page 4
11) Drug Seizure fund 109: The Department purchased a covert armored personnel transport
vehicle that will improve the safety of victims, perpetrators, and responding officers in high-
risk scenarios. (authorized 9/19/22 regular meeting)
12) City Facilities fund 303: increase expenditures budget by $100,000 for City Hall siding repairs.
(contract authorized 10/3/22 regular meeting)
13) PW Shop phase 1, additional $1 million in project costs with funding from the upcoming land
sale of the George Long Shop ($500k) and from utility funds ($500k). These adjustments
maintain the 50/50 split between the government and utility funds. Final true-up allocation will
be determined once project is completed. (Consensus from 4/11/22 Committee of the Whole)
14) PW Shop phase 2, budget for land sales revenue from the George Long Shop. In addition,
increasing the expenditure budget based on projected year end expenditures. The addition
of land sale revenue will be balanced with utility fund contributions in the 2023 proposed
budget to maintain the 50/50 balance between government and utility funds. (Consensus
from 5/9/22 Committee of the Whole)
15) Foster Golf Course fund 411: Golf operational adjustments, increase for greens fees and
adding budget for some unexpected repair projects at the course.
16) Adjust fleet fund purchases to reflect carry over from 2021 for the purchase of the Vactor truck,
delivery of truck occurred in early 2022.
17) Increase for city fuel budgets due to abnormally high gas prices.
18) Additional budget for fleet repairs expenses related to repair costs due to damaged Aerial
Truck
19) Budget to transfer $500,000 of prior year available REET revenues from fund 301 to fund 306.
If the George Long Shops sale is delayed into 2023, this transfer will ensure the Public Works
shop project has available funds to cover expenditures. In order to maintain the 50/50 balance
between government and utility funds, the utility fund contribution from footnote 13 above will
be utilized.
34
INFORMATIONAL MEMO
Page 5
Adjusting Beginning Fund Balances
In addition to the budget amendments proposed for other funds, beginning fund balances in various
funds are also being adjusted to true up to actual beginning fund balances. The chart below details
the adjustments to beginning fund balances included with these budget amendments.
Beginning Fund Balance
AdoptedProposedProposed
Fund
BudgetAmendmentsRevised Budget
General Fund13,392,295 3,525,024 16,917,319
General Fund:
Contingency6,468,169 285,896 6,754,065
Lodging Tax1,016,608 725,758 1,742,366
Special Revenue Funds:
Drug Seizure 166,034 401,239 567,273
LTGO Debt Service Funds (2XX) 36,541 (36,541) -
Debt Service Funds:
UTGO Debt Service Fund11,984 301,309 313,293
LID/Guaranty1,298,797 41,474 1,340,271
Residential Streets724,912 (17,106) 707,806
Capital Projects Funds:
Bridges and Arterial Streets2,516,741 1,165,446 3,682,187
Land Acquisition, Rec. and Park Dev. 1,541,330 1,354,515 2,895,845
Urban Renewal1,452,144 1,010,117 2,462,261
General Government573,148 104,885 678,033
Fire Impact Fees500 (500) -
Public Safety Plan6,976,196 (6,898,524) 77,672
City Facilities (PW Shops)3,138,454 361,590 3,500,044
Water4,386,963 2,600,671 6,987,634
Enterprise Funds:
Sewer11,022,180 2,136,095 13,158,275
Golf1,056,224 (12,075) 1,044,149
Surface Water4,634,122 1,269,695 5,903,817
Equipment Rental and Replacement3,600,733 1,134,552 4,735,285
Internal Service Funds:
Employee Healthcare Plan70,012 527,780 597,792
LEOFF 1 Retiree Healthcare Plan165,675 98,583 264,258
Firemen's Pension 1,522,456 8,767 1,531,223
Fiduciary Fund:
$ 65,772,218$ 10,088,650$ 75,860,868
RECOMMENDATION
The Council is asked to approve the Budget Amendment ordinance and consider this item at the
November 14, 2022, Committee of the Whole, and November 21, 2022, Regular Council Meeting.
ATTACHMENTS
Draft Ordinance
Reconciliation of 2021-2022 Budget Summary to Ordinance
35
36
37
38
39
40
City of Tukwila Year-End Budget Amendment
Reconciliation of Budget Summary to Ordinance
Beginning
2021 Mid-Biennial
Mid-Biennial 2022 Year-End
20212022Total Total
REVENUESFund Balance
Beginning Amended
RevenuesRevenuesRevenuesAmendmentsAmendmentsRevenues
Fund BalanceRevenues
Adjustment
$ 62,749,71711,631,350$ 67,597,992$ 141,979,059$ 10,108,037$ 152,087,096$ 3,525,023$ 3,294,000$ 158,906,119$
000General
20,0007,101,978 20,000 7,141,978 (653,809) 6,488,169 285,896 166,463 6,940,529
105Contingency
406,0001,742,844 456,000 2,604,844 (30,455) 2,574,389 725,758 - 3,300,147
101Lodging Tax
589,000114,810 3,456,000 4,159,810 890,102 5,049,912 (17,105) - 5,032,806
103Residential Street
6,481,0001,327,257 3,311,000 11,119,257 5,858,785 16,978,042 1,165,446 - 18,143,488
104Arterial Street
60,500333,243 70,500 464,243 (1,709) 462,534 401,240 - 863,773
109Drug Seizure Fund
4,382,338381,630 8,645,004 13,408,972 3,587,898 16,996,870 (36,541) - 16,960,329
2XXLTGO Debt Service
3,605,00076,339 4,375,000 8,056,339 (66,380) 7,989,959 726,478 - 8,716,437
213UTGO Bonds
3,000719,137 3,000 725,137 1,676 726,813 (410,519) - 316,293
206LID Guaranty
692,373 601,000 581,000 1,874,373 (69,801) 1,804,572 26,825 - 1,831,397
2332013 LID
Land Acquisition, Rec & Park Dev. 2,171,922 1,942,800 475,940 4,590,662 87,458 4,678,120 1,354,515
- 6,032,635
301
1,835,169 410,000 1,860,000 4,105,169 31,975 4,137,144 1,010,117 - 5,147,261
302Urban Renewal
500,021 300,500 500 801,021 12,627 813,648 104,885 -
918,533
303General Government Imprvmnts
9,259 300,500 300,500 610,259 (9,259) 601,000 (500) -
600,500
304Fire Impact Fees
147,873 6,705,000 6,100,000 12,952,873 3,091,140 16,044,013 (6,898,523) 1,100,000 10,245,489
305Public Safety Plan
4,249,144 3,450,000 - 7,699,144 1,901,718 9,600,862 361,590 3,500,000 13,462,452
306City Facilities
6,170,864 6,722,000 6,947,000 19,839,864 270,343 20,110,207 2,600,671 - 22,710,878
401Water
12,762,798 10,032,000 10,285,000 33,079,798 602,178 33,681,976 2,136,095 - 35,818,071
402Sewer
873,520 1,818,000 1,850,000 4,541,520 368,719 4,910,239 (12,075) 300,000 5,198,164
411Foster Golf Course
412Surface Water 5,385,674 8,883,000 10,509,000 24,777,674 (502,438) 24,275,236 1,269,695 -
25,544,931
2,969,227 2,784,818 2,365,831 8,119,876 1,406,556 9,526,432 1,134,553 - 10,660,984
501Equipment Rental
642,799 8,118,924 8,725,122 17,486,845 (555,257) 16,931,588 527,780 - 17,459,368
502Insurance Fund
243,203 316,000 436,000 995,203 93,392 1,088,595 98,584 - 1,187,178
503Insurance - LEOFF 1 Fund
1,516,780 70,000 70,000 1,656,780 1,657,456676 8,767 -
1,666,223
611Firemen's Pension
Total63,599,214$ $ 130,751,097$ 138,440,389$ 332,790,700$ 26,424,171$ 359,214,871$ 10,088,653$ 8,360,463$ 377,663,987
Net Effect on
Mid-Biennial
Mid-Biennial 2022 Year-End
2021 2022 2022 Ending Total Total
EXPENDITURES2022 Ending
Amended
ExpendituresExpendituresFund BalanceExpendituresExpenditures
AmendmentsAmendments
Expenditures
Fund Balance
$ 63,146,050$ 66,974,260$ 11,858,749$ 141,979,059$ 10,108,037$ 152,087,096$ 1,935,463$ 4,883,560$ 158,906,119
000General
- 7,141,978- 7,141,978 (653,809) 6,488,169 - 452,360
6,940,529
105Contingency
1,101,781 1,013,209 489,854 2,604,844 (30,455) 2,574,389 - 725,758 3,300,147
101Lodging Tax
369,000 3,610,000 180,810 4,159,810 890,102 5,049,912 - (17,105) 5,032,806
103Residential Street
6,865,301 3,395,273 858,683 11,119,257 5,858,785 16,978,042 - 1,165,446 18,143,488
104Arterial Street
200,000 40,000 224,243 464,243 (1,709) 462,534 205,000 196,240
863,773
109Drug Seizure Fund
4,740,338 8,643,004 25,630 13,408,972 3,587,898 16,996,870 - (36,541) 16,960,329
2XXLTGO Debt Service
3,602,975 4,374,975 78,389 8,056,339 (66,380) 7,989,959 - 726,478 8,716,437
213UTGO Bonds
- - 725,137 725,137 1,676 726,813 - (410,519)
316,293
206LID Guaranty
648,588 628,563 597,222 1,874,373 (69,801) 1,804,572 - 26,825 1,831,397
2332013 LID
2,505,000 505,000 1,580,662 4,590,662 87,458 4,678,120 500,000 854,515 6,032,635
301Land Acquisition, Rec & Park Dev.
1,235,000 2,786,000 84,169 4,105,169 31,975 4,137,144 - 1,010,117 5,147,261
302Urban Renewal
240,000 200,000 361,021 801,021 12,627 813,648 100,000 4,885
918,533
303General Government Imprvmnts
300,000 300,000 10,259 610,259 (9,259) 601,000 - (500)
600,500
304Fire Improvements
2,967,817 2,390,467 7,594,589 12,952,873 3,091,140 16,044,013 1,300,000 (7,098,523) 10,245,489
305Public Safety Plan
7,662,408 - 36,736 7,699,144 1,901,718 9,600,862 2,500,000 1,361,590 13,462,452
306City Facilities
8,555,244 9,689,329 1,595,291 19,839,864 270,343 20,110,207 170,000 2,430,671 22,710,878
401Water
11,751,296 11,801,825 9,526,677 33,079,798 602,178 33,681,976 1,195,000 941,095 35,818,071
402Sewer
1,843,879 1,844,993 852,648 4,541,520 368,719 4,910,239 200,000 87,925 5,198,164
411Foster Golf Course
8,826,614 11,789,938 4,161,122 24,777,674 (502,438) 24,275,236 235,000 1,034,695 25,544,931
412Surface Water
2,854,868 2,252,165 3,012,843 8,119,876 1,406,556 9,526,432 819,000 315,553 10,660,984
501Equipment Rental
8,136,454 8,710,402 639,989 17,486,845 (555,257) 16,931,588 - 527,780 17,459,368
502Insurance Fund
486,920 497,040 11,243 995,203 93,392 1,088,595 - 98,584
1,187,178
503Insurance - LEOFF 1 Fund
65,000 65,000 1,526,780 1,656,780 1,657,456676 - 8,767
1,666,223
611Firemen's Pension
Total138,104,533$ $ 141,511,443$ 53,174,724$ 332,790,700$ 26,424,171$ 359,214,871$ 9,159,463$ 9,289,653$ 377,663,987
41
42
43
158,906,1196,940,5293,300,1475,032,80618,143,488863,77316,960,3298,716,437316,2931,831,3976,032,6355,147,261918,533600,50010,245,48913,462,45222,710,87835,818,0715,198,16425,544,93110,660,98417,459,3
681,187,1781,666,223 377,663,987 158,906,1196,940,5293,300,1475,032,80618,143,488863,77316,960,3298,716,437316,2931,831,3976,032,6355,147,261918,533600,50010,245,48913,462,45222,710,87835,818,0715,19
8,16425,544,93110,660,98417,459,3681,187,1781,666,223 377,663,987
Expenditures
Revenues
Total
Total
$ $ $ $
(410,519)(7,098,523)
3,294,0001,100,0003,500,000 8,360,463 4,883,5601,165,4461,010,1171,361,5902,430,6711,034,695 9,289,653
)))
300850185550553047
606504472180925886
-------------------
403712548585095757
,,,,,,,,,,,,,,,,,
(
257
60666644175788
$ 60$ $ 5219322548129$
(
13471(78935
(410,519)(6,898,523)
527,780170,000235,000
3,525,0231,165,4461,354,5151,010,1172,600,6712,136,0951,269,6951,134,553 10,088,653 1,935,4631,300,0002,500,0001,195,000 9,159,463
))))
68501855005470000
0
950447280978600000
-------------
871254885505700000
,,,,,,,,,,,,,,,,,
(
55716664128850009
$ 82103220619$ 00001$
27(4(713(25128
$
Mid-Biennial Mid-Biennial
152,087,0966,488,1692,574,3895,049,91216,978,042462,53416,996,8707,989,959726,8131,804,5724,678,1204,137,144813,648601,00016,044,0139,600,86220,110,20733,681,9764,910,23924,275,2369,526,43216,931,588
1,088,595 359,214,871 152,087,0966,488,1692,574,3895,049,91216,978,042462,53416,996,8707,989,959726,8131,804,5724,678,1204,137,144813,648601,00016,044,01300,86220,110,20733,681,9764,910,23924,275,236
9,526,43216,931,5881,088,595 359,214,871
Expenditures
Revenues
AmendedAmended
66
55
44
,,
,6
77
9
55
66
,,
$ $ $ $
11
(653,809)(30,455)(1,709)(66,380)(69,801)(9,259)(502,438)(555,257)(653,809)(30,455),709)(66,380)(69,801)(9,259)(502,438)(555,257)
10,108,037 26,424,171 10,108,0371,901,718 26,424,171
65
258857083896262868570389626
089757241471597081975724471597
(
17864961731753617864961317536
,,,,,,,,,,,,,, ,,,,,,,,,,,,,
087171211028630871712102863
9588319070609958831970609
$ $ $ $
88509263488502634
,, ,, , ,, , ,
533115331
141,979,05911,119,25713,408,9721,874,37312,952,87319,839,86433,079,79824,777,6749,87617,486,845 332,790,700 141,979,05911,119,257464,24313,408,97212,952,87319,839,86433,079,79817,486,845
332,790,700
7,141,9782,604,8444,159,8108,056,3394,590,6624,105,1697,699,1444,541,5201,656,7807,141,9782,604,8444,159,8108,056,3391,874,3734,590,6624,105,1697,699,1444,541,52024,777,6748,119,8761,656,780
Expenditures
371937193
Revenues
432503250
Total
Total
210221022
11
,,,,,,,,,
451055105
8,
620192019
7
48697869
$ $ $ $
2022 Ending
138,440,389 7,141,978
67,597,992456,0003,456,0003,311,0008,645,0044,375,000581,0005,9401,860,000300,5006,100,0006,947,00010,285,0001,850,00010,509,0002,365,8318,725,122436,00011,858,749489,854180,810858,683224,243725,1375
97,2221,580,662361,0217,594,5891,595,2919,526,677852,6484,161,1223,012,843639,9891,526,780 53,174,724
Fund Balance
Revenues
00000099963
00000386534
2022
7
0505-0631272
,,,,,,,,,,
4
0030584061
277278131
$ $ $
$
62,749,717406,000589,000601,0001,942,800410,000300,500300,50010,032,000316,000 130,751,097 66,974,2603,395,273628,563505,000200,000300,00011,801,82511,789,938497,040 141,511,443
6,481,0004,382,3383,605,0006,705,0003,450,0006,722,0001,818,0008,883,0002,784,8188,118,9241,013,2093,610,0008,643,0044,374,9752,786,0002,390,4679,689,3291,844,9932,252,1658,710,402
Expenditures
-
Revenues
000000
2022
000000
2021
0--
05000
,,,,,,
003005
26746
$ $
$ $
2021 Beginning
369,000
11,631,3507,101,9781,742,844114,8101,327,257333,243381,63076,339719,137692,373301Land Acquisition, Rec & Park Dev.2,171,9221,835,169500,0219,259147,8734,249,1446,170,86412,762,798873,5205,385,6742,96
9,227642,799243,2031,516,780 Total63,599,214 63,146,0501,101,7816,865,301200,0004,740,3383,602,975648,588301Land Acquisition, Rec & Park Dev.2,505,0001,235,000240,000300,0002,967,8177,662,4088,555,24
411,751,2961,843,879486,92065,000
8,826,6142,854,8688,136,454 Total138,104,533
Fund Balance
Expenditures
--
2021
$ $ $
$
303General Government Imprvmnts303General Government Imprvmnts
503Insurance - LEOFF 1 Fund503Insurance - LEOFF 1 Fund
2XXLTGO Debt Service411Foster Golf Course611Firemen's Pension2XXLTGO Debt Service
411Foster Golf Course611Firemen's Pension
501Equipment Rental304Fire Improvements
501Equipment Rental
103Residential Street109Drug Seizure Fund103Residential Street109Drug Seizure Fund
305Public Safety Plan305Public Safety Plan
304Fire Impact Fees
302Urban Renewal302Urban Renewal
502Insurance Fund
502Insurance Fund
412Surface Water
412Surface Water
104Arterial Street104Arterial Street
213UTGO Bonds206LID Guaranty213UTGO Bonds206LID Guaranty
306City Facilities306City Facilities
105Contingency105Contingency
101Lodging Tax101Lodging Tax
000General2332013 LID000General2332013 LID
402Sewer402Sewer
401Water401Water
44
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Committee Recommendation
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Finance Committee
TO:
Vicky Carlsen, Finance Director
FROM:
Tony CullertonDeputy Finance Director
BY:
Mayor Ekberg
CC:
October 24, 2022
DATE:
Business & Occupation Tax Information
SUBJECT:
ISSUE
This memo provides information pertaining to the proposed Business and Occupation (B&O) tax
in Tukwila to take effect January 1, 2024, including information on the tax rates, implementation,
and potential revenue.
BACKGROUND
Like many jurisdictions in Washington State, the City of Tukwila has experienced a structural
deficit for multiple biennia. This is due to several factors, including the 1% limitation on regular
property tax, the sunset of streamlined sales tax mitigation revenue, and ongoing expenses that
are growing significantly faster than revenues.
rd
On October 3, 2022, Mayor Ekberg presented his budget to the City Council. As part of the
-legged
o includes using one-time funds and keeping
some open positions vacant over the coming biennium.
The State of Washington Revised Code of Washington (RCW) allows for local jurisdictions to
levy a local B&O tax which is paid to the local government. While sales tax is collected by the
State, local B&O taxes are administered by the taxing jurisdiction. This means the exemptions,
collection, enforcement, and the administrative code are the responsibility of the taxing
jurisdiction. Additionally, the implementation of a local B&O tax will require additional effort by
both the taxing entity and the business. For example, the City will need to administer the tax,
and businesses in Tukwila that are subject to it will need to file an additional tax return.
B&O Categories (NAICS Category Codes)
The following categories are subject to B&O tax, per state law:
Manufacturing
Wholesaling
Retail
Service & Other Activities
These classifications are assigned a category rate that is assessed to all businesses within that
category. Rates may differ among categories but all businesses within the same category must
be assessed the same rate.
49
INFORMATIONAL MEMO
Page 2
DISCUSSION
Businesses subjectedto the local B&O tax are entities that meet all of the following criteria:
The business falls into one (or more) of the NAICS category codes.
The business maintains a physical address within the Tukwila city limit.
Generate annual gross receipts equal to or more than $20,000.
Nonexempt businesses
Exempt Businesses
Per the State Model Ordinance for B&O taxes, the following eleven business and revenue types
are exempt from being assessed a B&O tax.
(1) Public utilities
(2) Investments
(3) Insurance business
(4) Employees.
(5) Amounts derived from sale of real estate.
(6) Mortgage brokers' third-party provider services trust accounts.
(7) Amounts derived from manufacturing, selling or distributing motor vehicle fuel
(8) Amounts derived from liquor, and the sale or distribution of liquor
(9) Casual and isolated sales
(10) Accommodation sales
(11) Taxes collected as trust funds
In addition to the State mandated exempt businesses, the City is proposing exemptions for
nonprofit organizations exempt from federal income tax under section 501(c)(3) of the Internal
Revenue code, businesses operating as a card room, and
professional/amateur/semiprofessional sports teams. The City Is proposing a threshold of
$750,000, meaning any business that earns $750,000 or less is exempt from the tax.
Surrounding Jurisdictions B&O Thresholds and Rates
The State Model Ordinance for B&O tax requires cities to adopt an exemption threshold
allowing businesses that gross revenues less than the adopted threshold to opt out of
participation in the B&O tax program. The minimum allowable threshold as stipulated by RCW is
$20,000. The City of Tukwila is proposing a minimum threshold amount of $750,000.
Businesses generating gross revenues equal to or less than the $750,000threshold will be
exempt from B&O taxes.
C:\\Users\\tony-c\\Work Master\\Projects\\B & O Tax\\Finance Committee\\City Clerk Upload\\Informational Memorandum_3.0.docx
50
INFORMATIONAL MEMO
Page 3
Proposed Revenue
Proposed B&O applies only to businesses with gross income over $750,000 and includes higher
exemptions than State law.Revenues are estimate until B&O implemented, forecast above
assumes 100%collection and likely captures501(c)3. Actual revenues expected to be $3M.
MODEST B&OTAX proposal
Highest gross revenue threshold of surrounding cities ($750,000)
Lowest rates of surrounding cities
Proposed Exemptions:
501(c)(3) organizations
o
Professional/Amateur/Semiprofessional sports teams
o
Cardrooms
o
Effective January 1, 2024, giving businesses over a year to budget for the new tax.
Forecasted revenues to be approximately $3M per year.
Benefits of a B&O Tax
also includes holding vacancies open and using one-time funds.
Without a B&O more cuts will be necessary throughout the organization.
B&O tax revenues are unrestricted and may be used for any lawful governmental
purpose.
Only business with annual gross revenues above $750k will be subject to B&O Tax.
501(c)3, cardrooms and amateur/semi-professional/professional sports teams exempt
regardless of gross revenues.
Several major surrounding cities have already implemented a B&O tax; other cities
currently deliberating implementation as a part of the 2023/2024 budget process.
The City establishes the Category Rates, exemptionsand gross revenue threshold
amount, thus maintaining significant influence over the impacts of the tax.
A new revenue source diversifies our revenue sources and will assist with maintaining
our current strong bond rating.
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51
INFORMATIONAL MEMO
Page 4
Required next steps
B&O Tax Ordinance.
Approve two new FTE positions in Finance (one in early 2023 to develop the program,
one additional in late 2024 to help administer).
Ongoing outreach with local businesses.
Conclusion
The implementation of a local B&O tax provides the City with an additional revenue source that
will assist with current ongoing operations and programing, and provide a new continuous
revenue stream for an additional, enhanced level of providing of services. The strategic
identification of a $750,000 gross revenue threshold will ensure that sole proprietors and small
businesses are exempt. Without the addition of a new revenue source the City will have to
reduce at lease $3M in services, resulting in reduction of staff, as well as programs and services
important to the Tukwila community.
RECOMMENDATION
Discussion Only
ATTACHMENTS
Deviations from Model Ordinance
Local B&O Tax Rates 2022
Exempt Business Exemption
C:\\Users\\tony-c\\Work Master\\Projects\\B & O Tax\\Finance Committee\\City Clerk Upload\\Informational Memorandum_3.0.docx
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Comparison of Deviations from Core Model Ordinance Provisions
City of Tukwila
B&O TAX Summary of Change from Model B&O Tax Ordinance:
PROVISION:
.050 Imposition of (2)Thegrossreceiptstaximposedinthissectionshallnotapplyto any
the tax tax or fee personwhosegrossproceedsofsales,grossincomeofthebusiness,
levied.andvalueofproducts,includingby-products, asthecasemaybe,from
allactivitiesconductedwithinthe Cityduringanycalendaryearisequal
to orlessthan$750,000,orisequaltoor lessthan$187,500 during
anyquarter ifonaquarterlyreportingbasis.
.090 Exemptions.
Nonprofit organizations exempt from federal income tax under
Section 501(c)(3) of the Internal Revenue code (except retail
sales)
Businesses operating as a casino
Amateur/Professional/Semi-Professional sports teams
53
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Aberdeen0.0020.003e0.0037e0.003e
(360) 533-4100$5,000$20,000
0.000450.000450.000450.00045
(253) 833-2897$10,000$40,000
Auburn****0.0010.00050.00100.0018
(253) 392-6496$500,000
Bainbridge Island0.0010.0050.0010.001
(206) 780-8668$150,000
0.0014960.0014960.0014960.001496
(425) 452-6851$170,000
Bellingham0.00170.00170.0044e0.0017
(360) 778-8010$5,000$20,000
0.0020.002
(360) 332-8311$250,000
Bremerton0.00160.001250.0020.0016
(360) 473-5311$1,000,000
0.0010.0010.0010.001
(206) 241-4647$200,000
Burlington0.001
(360) 755-0531$1,000,000
Cosmopolis0.0020.0020.0020.002
(360) 532-9230$5,000$20,000
Darrington0.000750.000750.000750.00075
(360) 436-1131$20,000
Des Moines0.0020.0020.0020.002
(206) 878-4595$50,000
0.0010.0010.0010.001
(253) 964-8121$5,000$20,000
Everett***0.0010.0010.0010.001
(425) 257-8610$5,000$20,000
0.0020.002
(360) 966-3411$1,000,000
Granite Falls**
(360) 691-6441$5,000$20,000
Hoquiam0.0020.0020.0020.002
(360) 532-5700$5,000$20,000
0.0020.0020.0020.002
(360) 642-3145$20,000
Issaquah0.00120.00120.00150.0012
(425) 837-3054$25,000$100,000
0.0010.0010.0020.001
(360) 423-0900$20,000
*
Kenmore0.002
(425) 398-8900$5,000
0.0010.0010.0020.002
(253) 856-6266$62,500$250,000
0.0010.002
(360) 491-3214$5,000$20,000
Lake Forest Park0.0020.0020.0020.002
(206) 368-5440$5,000
Long Beach0.0020.0020.0020.002
(360) 642-4421$5,000
Longview0.0010.0010.0020.001
(360) 442-5040$20,000
0.0020.0020.0020.002
(360) 826-3033$5,000$20,000
Mercer Island0.0010.0010.0010.001
(206) 275-7783$150,000
North Bend0.0020.0020.0020.002
(425) 888-1211$5,000
Ocean Shores0.0020.0020.0020.002
(360) 289-2488$5,000$20,000
0.0010.0010.0020.001
(360) 753-8327$5,000$20,000
0.0020.0020.0020.002
(253) 929-1100$5,000$20,000
Port Townsend0.0020.0020.0020.002
(360) 385-2700$0$100,000
0.0020.0020.0020.002
(360) 446-2265$5,000
Raymond0.0020.0020.0020.002
(360) 942-3451$5,000$20,000
0.000850.00050.000850.00085
(425) 430-6400$500,000
0.0010.0020.0020.001
(253) 843-1113$5,000$20,000
0.00110.001530.0020.00102
(253) 759-3544$5,000$20,000
0.00222v0.00222v0.00427v0.00222v
(206) 684-8484$100,000
0.0010.0010.0010.001
(360) 426-4491$5,000$20,000
Shoreline0.0010.0010.0020.001
(206) 801-2324$125,000$500,000
Snoqualmie0.00150.00150.00150.0015
(425) 888-1555$5,000
South Bend0.0010.0020.0020.002
(360) 875-5571$5,000
0.00110.001530.004e0.00102
(253) 591-5252$250,000
0.0020.0020.0020.002
(360) 264-2368$5,000$20,000
Tumwater0.0010.0010.0020.001
(360) 754-5855$5,000$20,000
Westport0.0025e0.005e0.005e0.0025e
(360) 268-0131$5,000
0.0010.0020.0020.001
(360) 458-3244$5,000
(v) = voter approved increase above statutory limit
(e) = rate higher than statutory limit because rate was effective prior to January 1, 1982 (i.e., grandfathered).
*Kenmore's B&O tax applies to heavy manufacturing only.
**Granite Falls repealed its B&O tax for all businesses other than extracting.
***For manufacturing gross reciepts over $8 billion, the B&O rate drops to 0.00025.
Exempt Businesses Per State
(1) Public utilities. This chapter shall not apply to any person in respect to a business activity with
respect to which tax liability is specifically imposed under the provisions of \[local utility tax cite\].
(2) Investments - dividends from subsidiary corporations. This chapter shall not apply to amounts
derived by persons, other than those engaging in banking, loan, security, or other financial businesses,
from investments or the use of money as such, and also amounts derived as dividends by a parent from
its subsidiary corporations.
(3) Insurance business. This chapter shall not apply to amounts received by any person who is an insurer
or their appointed insurance producer upon which a tax based on gross premiums is paid to the state
pursuant to RCW 48.14.020, and provided further, that the provisions of this subsection shall not
exempt any bonding company from tax with respect to gross income derived from the completion of
any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting
contractor.
(4) Employees
the capacity as an employee or servant as distinguished from that of an independent contractor. For the
purposes of this subsection, the definition of employee shall include those persons that are defined in
the Internal Revenue Code, as hereafter amended. (b) A booth renter is an independent contractor for
purposes of this chapter.
(5) Amounts derived from sale of real estate. This chapter shall not apply to gross proceeds derived
from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts
received as commissions from the sale of real estate, nor as fees, handling charges, discounts, interest
or similar financial charges resulting from, or relating to, real estate transactions. This chapter shall also
not apply to amounts received for the rental of real estate if the rental income is derived from a
contract to rent for a continuous period of thirty (30) days or longer.
(6) Mortgage brokers' third-party provider services trust accounts. This chapter shall not apply to
amounts received from trust accounts to mortgage brokers for the payment of third-party costs if the
accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the
director of financial institutions.
(7) Amounts derived from manufacturing, selling or distributing motor vehicle fuel. This chapter shall
any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will
be taxable under this chapter. (Mandatory)
(8) Amounts derived from liquor, and the sale or distribution of liquo r. This chapter shall not apply to
liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. (Mandatory)
(9) Casual and isolated sales. This chapter shall not apply to the gross proceeds derived from casual or
isolated sales.
57
(10) Accommodation sales. This chapter shall not apply to sales for resale by persons regularly engaged
in the business of making retail sales of the type of property so sold to other persons similarly engaged
in the business of selling such property where (1) the amount paid by the buyer does not exceed the
amount paid by the seller to the vendor in the acquisition of the article and (2) the sale is made as an
accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is
made within fourteen days to reimburse in kind a previous accommodation sale by the buyer to the
seller.
(11) Taxes collected as trust funds. This chapter shall not apply to amounts collected by the taxpayer
from third parties to satisfy third party obligations to pay taxes such as the retail sales tax, use tax, and
admission tax.
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October 24, 2022 5:30 p.m. Hybrid Meeting; Duwamish Conference Room & MS Teams
!
Councilmembers Present:
-!Dibjs<!Lbuf!Lsvmmfs-!Dzouijb!Efmptusjopt!Kpiotpo!
Staff Present:
Wjdlz!Dbsmtfo-!Sbdifm!Cjbodij-!Upoz!Dvmmfsupo-!Mbvsfm!Ivnqisfz-!
Hsjggjo!Mfsofs-!Csjuuboz!Spcjotpo-!Ebwje!Dmjof-!Ebwje!Sptfo!
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3/Psejobodf!jodsfbtjoh!uif!sfhvmbs!uby!mfwz!gps!3134/!
!
Committee Recommendation
Vobojnpvt!bqqspwbm/!!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf!gps!Qvcmjd!
Ifbsjoh/!
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Gvoe!up!uif!Hfofsbm!Gvoe-!ftubcmjtijoh!joufsftu!sbuf!boe!sfqbznfou!tdifevmf-!up!qvsdibtf!b!
ofx!gjsf!fohjof/!
Committee Recommendation
!Vobojnpvt!bqqspwbm/!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf/!!
!
Cvehfu!Mfhjtmbujpo!
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3/Sftpmvujpo!Bepqujoh!uif!3134.3139!Gjobodjbm!Qmboojoh!Npefm!boe!Dbqjubm!Jnqspwfnfou!
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Qspwjef!jogpsnbujpo!po!ipx!SFFU!dbo!cf!mfwfsbhfe!jo!uif!cvehfu/!!!
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Committee Recommendation
!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf!gps!Qvcmjd!Ifbsjoht/!
!
Qspqptfe!Cvtjoftt!'!Pddvqbujpo!Uby!
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Finance & Governance CommitteeMinutes........................................................................................................October 24, 2022
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!
Committee Recommendation
!Gpsxbse!up!Pdupcfs!35-!3133!Dpnnjuuff!pg!uif!Xipmf/!!
!
!
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Difdl!xjui!NSTD!up!tff!jg!uifsf!jt!b!dbq!up!Dpvodjmnfncfs!tbmbsjft/!
Committee Recommendation
!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf/!!!
!
!
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Committee Recommendation
!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf/!!
!
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Tdifevmf!Qsptfdvujpo0Qvcmjd!Efgfotf!tfswjdf!csjfgjoht!gps!dpnnjuuff!jo!3134/!
Committee Recommendation
!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf/!!
!
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Committee Recommendation
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!!!!Djuz!pg!Uvlxjmb
!
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Nffujoh!Njovuft!!!
October 24, 2022 5:30 p.m. Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present:
-!Dibjs<!Lbuf!Lsvmmfs-!Dzouijb!Efmptusjopt!Kpiotpo!
Staff Present:
Wjdlz!Dbsmtfo-!Sbdifm!Cjbodij-!Upoz!Dvmmfsupo-!Mbvsfm!Ivnqisfz-!
Hsjggjo!Mfsofs-!Csjuuboz!Spcjotpo-!Ebwje!Dmjof-!Ebwje!Sptfo!
J/CVTJOFTT!BHFOEB
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2/Psejobodf!mfwzjoh!uif!hfofsbm!ubyft!gps!3134/
3/Psejobodf!jodsfbtjoh!uif!sfhvmbs!uby!mfwz!gps!3134/
Committee Recommendation
Vobojnpvt!bqqspwbm/!!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf!gps!Qvcmjd!
Ifbsjoh/!
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ofx!gjsf!fohjof/
Committee Recommendation
Vobojnpvt!bqqspwbm/!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf/
Cvehfu!Mfhjtmbujpo
D/
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Qspwjef!jogpsnbujpo!po!ipx!SFFU!dbo!cf!mfwfsbhfe!jo!uif!cvehfu/!
Committee Recommendation
!Gpsxbse!up!Opwfncfs!25-!3133!Dpnnjuuff!pg!uif!Xipmf!gps!Qvcmjd!Ifbsjoht/!
Qspqptfe!Cvtjoftt!'!Pddvqbujpo!Uby
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----------------------------------Initials ---------------------------------
Meeting Date Prepared by Council review
11/14/22 JR
11/21/22 JR
ITEM INFORMATION
SK11/14/22
SS:OAD:
EONG IM
TAFF PONSOR RIGINAL GENDA ATE
Tukwila Municipal Code 11.08 Ordinance Amendment
AIT
GENDA TEM ITLE
C Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
ATEGORY
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
S Council Mayor HR DCD Finance Fire TS P&R Police PW Court
PONSOR
S
The City requires a right-of-way permit for all activities that disrupt traffic, restrict access,
PONSORS
S
or modify any infrastructure within the right-of-way or for private use of the public right-
UMMARY
of-way. The current TMC Chapter needs to be updated to facilitate a successful permit
experience and provide a clear & comprehensive set of permit requirements. Consolidating
the number of permit types will reduce complexity and ensure all fees are captured. Council
is being asked to approve the Ordinance amending TMC Chapter 11.08.
R
EVIEWED BY
Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
11/07/22KK
DATE: COMMITTEE CHAIR:
ATE RULLER
RECOMMENDATIONS:
Public Works Department
S/A.
PONSORDMIN
C
Forward to Committee of the Whole and Regular Consent Agenda
OMMITTEE
COST IMPACT / FUND SOURCE
AB AR
ER
XPENDITURE EQUIRED MOUNT UDGETEDPPROPRIATION EQUIRED
$$$
0.000.00 0.00
Fund Source:
#®¬¬¤³²Ȁ
MTG. DATE
RECORD OF COUNCIL ACTION
11/14/22
11/21/22
MTG. DATE
ATTACHMENTS
11/14/22 Informational Memorandum dated 11/04/2022
11/21/22 Draft Ordinance TMC 11.08 Revisions
Minutes from Transportation and Infrastructure Committee meeting of 11/07/2022
107
108
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO:Transportation and InfrastructureServices Committee
FROM:Nora Gierloff, Community Development Director
Hari Ponnekanti, Public Works Director
BY:KerryMurdock, DevelopmentReviewEngineer
Seong Kim, Deputy Utilities Engineer
CC:Mayor Ekberg
DATE:November 4, 2022
SUBJECT:Tukwila Municipal Code11.08 OrdinanceAmendment
ISSUE
Amend sections of the Tukwila Municipal Code (TMC) Chapter 11.08Permits (Right-of-Way
Use)to improve permitting procedures and to align with the proposed Consolidated Permit Fee
Ordinancefor 2023-2024.
BACKGROUND
TheCity of Tukwila owns and is responsible for the property under, on,or above the streets,
roadways, and sidewalks.This typically extends 10 to 20 feet beyond the roadway pavement
and often will extend into what appears to be private property. Assets within the right-of-way
may include the street, curb, gutter, sidewalks,vegetation, sewer and water lines, telephone,
power, and other utility infrastructure.
TheCity requires a right-of-way permit for all activities that disrupt traffic, restrict access, or
modify any infrastructure within the right-of-way or for private use of the public right-of-way.
Right-of-way permits are also required for private use of the public right-of-way including
replacement of,or modifications to driveways, sidewalk repairs, water or sewer main taps, utility
line installations and utility pole installations or modifications and blanket activities.
Entities that hold a franchise with Tukwila, such as Water Districts and telecommunication
companies, can obtain a blanket activities permit. Blanket Activitiesmeans work that does not
include cutting, removing, or disturbing the pavement surface that include routine maintenance
of existing utility owned infrastructure within the right-of-way.Blanket Activity permits are
obtained on an annual basis andare intended to streamline the permitting requirements for
routine maintenance work.
As part of the submittal for a right-of-way permit, a Traffic Control Plan (TCP) is required when
the applied for activity modifies existing traffic or pedestrian patterns, e.g., closing a roadway
lane or closing a sidewalk. The TCP ensures contractor, pedestrian, and motorist safety is
ensured during the approved work hours of the project. When applicable, Temporary Erosion &
Sediment Control Plans (TESC) & restoration plans are required when any hard surface
disturbance (cuts) occurs within the right-of-way. This may include asphalt or concrete
replacement, utility excavation, and trenching. The TESC ensures that sediment does not enter
into the Citys drainage system and that City assets such as asphalt are fully restored back to
their original condition, extending the life of the pavement for long term use. In sum, requiring
entities using the C-of-way to obtain permits ensuresthat the right-of-way is
maintained appropriately for its intended use public access.
109
INFORMATIONAL MEMO
Page 2
DISCUSSION
Existing TMC chapter governing right-of-way permits (TMC Chapter 11.08) lacked clarity and
created a convoluted set of permit requirements that made it hard for City staff to implement and
applicants to follow. City staff is in agreeance that Chapter 11.08needs to be updated to
facilitate a successful permit experience for the applicant and the assigned reviewer.
Additionally, engineering industry practices are constantly changing and are ever evolving;
these revisions seek to align with and improve upon current industry standards.
Proposed updates to Chapter 11.08 Permits (Right-of-Way) look to consolidate the right-of-way
permit subtypes into two categories Right-of-Way Use Permit (ROWUP), and an Annual
Activities Blanket Permit (AABP). Currentlythere are sixdifferent types of rights-of-way permits
(A F). The (ROWUP) would be required for both franchise holders and non-franchise holders
performing any kind of work in the right-of-way. The (AABP) may be issued to franchise holders
on an annual basis to undertake blanket activities as defined by the updated Chapter 11.08.
Consolidating the number of permit types will reduce complexityand streamline the way permit
applications are reviewed
Additionally, these revisions ensure allpermit fees are captured.
FINANCIAL IMPACT
There is no direct financial impact to the City. The proposed revisions will ensure that permit
fees are being collected for all permit types issued by the City and will reduce staff time related
to reviewing and administering right-of-way permits.
RECOMMENDATION
Council is being asked to approve the Ordinance amending TMC Chapter 11.08 and consider
this item at the November 14,2022Committee of the Whole and subsequent November21,
2022,Regular Council Meeting.
Attachments:
Draft Ordinance TMC 11.08Revisions
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
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139
140
141
142
----------------------------------Initials ---------------------------------
Meeting Date Prepared by Council review
10/24/22 NG
1/22
NG
1/22
NG
ITEM INFORMATION
NG10/24/22
SS: OAD:
ORA IERLOFF
TAFF PONSOR RIGINAL GENDA ATE
Consolidated Permit Fee Resolution
AIT
GENDA TEM ITLE
C Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
ATEGORY
Mtg Date 10/24
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
Mtg Date
S
Council Mayor Finance Fire P&R Police PW
PONSOR
Admin Svcs DCD
S
PONSORS
The City has previously updated permit fees on a two-year cycle to align with the budget
S
UMMARY
cycle and reflect the cost of service. Staff is suggesting that permit fees increase at 8.5%
rapid rise in inflation.
R
EVIEWED BY
Community Svcs/Safety Finance & Governance Planning & Community Dev.
Trans&Infrastructure Svcs
LTAC Arts Comm. Parks Comm. Planning Comm.
10/3/22CDJ
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
Department of Community Development
S/A.
PONSORDMIN
C
Direct to full Council
OMMITTEE
COST IMPACT / FUND SOURCE
AB AR
ER
XPENDITURE EQUIRED MOUNT UDGETEDPPROPRIATION EQUIRED
$$$
Fund Source:
#®¬¬¤³²Ȁ
MTG. DATE RECORD OF COUNCIL ACTION
10/24/22
MTG. DATE
ATTACHMENTS
Informational Memorandum dated 9/26/22 with attachments
10/24/22
Planning and Community Development Committee Minutes from 10/3/22
143
144
145
146
147
148
149
150
Review and analysis by Barbara Saxton
151
Review and analysis by Barbara Saxton
152
Review and analysis by Barbara Saxton
153
(TMC Chapter 19)
Review and analysis by Barbara Saxton
154
(TMC Section 18.28.130.C)
TMC Section 18.28.250.D.4.d
()
TMC Section 18.28.260.B.5.b
()
(TMC Section 18.60.030)
(Type2—TMC Section 18.56.140)
(Type3—TMC Section 18.56.140)
(TMC Section 18.28.250.D.4.d.1 and
TMC Section 18.56.100)
(TMC Section 18.56.065)
(TMC Section 18.56.070)
(TMC Section 18.56.120)
(TMC Chapter 18.72)
(TMC Chapter 18.45)
Review and analysis by Barbara Saxton
155
(TMC Section 18.45.180)
(TMC Section 18.50.055)
(TMC Section 18.50.060)
(TMC Chapters 18.44, 18.45 and
18.54, including shoreline and
critical areas tree permits)
(TMC Section 18.53.120, and
Chapters 18.44, 18.45 and 18.54,
including shoreline and critical
areas tree permits)
(TMC Chapter 17.08)
(TMC Chapter 17.08)
(TMC Chapter 17.12)
(TMC Chapter 17.12)
(TMC Section 17.14.020)
(TMC Section 17.12.030)
(TMC Chapter 17.16)
(TMC Section 18.46.110)
(TMC Section 18.46.110)
Review and analysis by Barbara Saxton
156
(TMC Section 18.46.130)
(TMC Section 18.46.130)
(TMC Section 18.58.050)
(Type 1)
(Type 2)
(Type 3)
(TMC Chapter 23.04)
(TMC Section 18.45.160)
Review and analysis by Barbara Saxton
157
(TMC Section 18.44.050)
(TMC Section 8.22.120)
(TMC Section 18.64.020)
(TMC Chapter 18.66)
(TMC Chapter 18.84)
(TMC Section 18.96.020)
Review and analysis by Barbara Saxton
158
Review and analysis by Barbara Saxton
159
Review and analysis by Barbara Saxton
160
Permit Issuance
Unit Fee Schedule
Review and analysis by Barbara Saxton
161
Review and analysis by Barbara Saxton
162
Review and analysis by Barbara Saxton
163
Review and analysis by Barbara Saxton
164
165
166
167
168
169
170
DRAFT
171
172
173
174
Finance & Governance CommitteeMinutes........................................................................................................October 24, 2022
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Committee Recommendation
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Finance & Governance Committee
FROM:David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: October 17, 2022
SUBJECT: Contract for City Attorney Services
ISSUE
The current contract for City Attorney Services provided by Ogden Murphy Wallace expires
December 31, 2022. The proposed contract for 2023-2024 is attached.
DISCUSSION
Ogden Murphy Wallace began providing City Attorney Services to the City of Tukwila in April
2020. Under the proposed 2023-2024 contract, general City Attorney services are maintained
at 28 hours per week at the flat monthly rate of $33,000 per month for 2023 with an increase
of the flat monthly rate to $35,000 per month in 2024. Litigation, contested administrative
proceedings, and special services are subject to prior approval and are billed at the hourly
rates of the staff involved. Hourly rates are listed in Exhibit B to the contract.
RECOMMENDATION
The Committee is being asked to move this contract forward to the November 14, 2022
Committee of the WholeMeetingfor discussion
ATTACHMENTS
Draft 2023-2024 Contract for Legal Services
179
180
KARI SAND
206.447.2250
ksand@omwlaw.com
September 23, 2022
SENT VIA E-MAIL ONLY
Mayor Allan Ekberg
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Alan.Ekberg@TukwilaWA.gov
Re: Engagement Letter for City Attorney Services through December 31, 2024
Dear Mayor Ekberg:
My team at OMW and I appreciate the opportunity to be of continued service providing City
Attorney services for the City of Tukwila from January 1, 2023 through December 31, 2024. The
purpose of this letter is to confirm how our services will be provided.
Terms of Engagement
In our representation of clients, we think it is critical that our clients and the firm share the same
understanding of the attorney-client relationship. To that end, enclosed is a copy of our Standard
Terms of Engagement. This engagement letter and the enclosed Standard Terms of Engagement
set forth our agreement with you. Please review them carefully and let meknow if you have any
questions regarding the proposed terms.
Legal Fees
We will provide City Attorney services up to approximately 28-hours per week consistent with
Exhibit A, the Scope of Services. I will serve as City Attorney and will be available, either in-person
or remotely, as needed. Associates Emily Miner and Andrew Tsoming will be otherwise available,
either on-site or remotely, as appropriate, as well as any other Member of my firm whose expertise
may be needed, such as Member Karen Sutherland.Invoice statements will be sent monthly via
regular mail or e-mail, unless you request otherwise.As supervising attorney, I will be responsible
for seeing that the work is carried out in an efficient and economical manner. I will be assisted by
other attorneys and legal assistants in our office. They are all bound to you by the same duties of
loyalty and confidentiality that binds me.
Ogden Murphy Wallace City Attorney Services 2023-2024
181
Mayor Allan Ekberg
September 23, 2022
Page 2
Hours of WorkStaffing ModelGeneral Services Rate
Flat monthly rate of
$33,000 in 2023
;
Approx. 28 KLS
= Supervising Lead City Attorney flat monthly rate of
hoursper weekEFM & ADT$35,000 in 2024
= Assistant City Attorneys; and
(varies)
other fees for separate
& special services, as
explained below.
The flat monthly billing rate will be $33,000per month for City Attorney “General Services,” as
specified in Exhibits A (Scope of Services) and B (Compensation and Method of Payment). For
representation on “Separate Services,” such as administrative and judicial appeals, litigation, and
other project/site-specific land use work, as specified in Exhibits A and B, the Member billing rate
will be $350 per hour, and the Associate billing rate will be $275 perhour. For representation on
“Special Services” that are eligible for reimbursement to the City from an applicant (e.g., franchise),
as well as telecommunications work (e.g., small cell ROW agreements, pole leases, etc.) will be billed
at $385 per hour for Members and $285per hour for Associates. We will not bill for travel time to
and from Tukwila City Hall. Travel to other locations for City-related business outside of regular
office hours will be billed at applicable hourly rates (e.g., travel to the Kent Regional Justice Center
or the King County Courthouse for the Friday motion calendar).
We appreciate your expression of confidence in Ogden Murphy Wallace, P.L.L.C. and would like to
assure you that we will do our best to provide you with high quality legal services. If you have any
questions or concerns during the course of our relationship, we encourage you to raise them with me
or our Managing Member, Geoffrey J. Bridgman or our Chair, Donald W. Black. If you agree with
the provisions of this engagement letter and the attached Terms and Conditions, please sign where
indicated below and return to me. We look forward to working with you.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
Kari L. Sand
KLS/ljv
Enclosure – OMW Standard Terms of Engagement
cc:Vicki Carlsen, Finance Director
Ogden Murphy Wallace City Attorney Services 2023-2024
182
Mayor Allan Ekberg
September 23, 2022
Page 3
I HEREBY ACCEPT AND AGREE TO the foregoing letter and the attached Standard Terms of
Engagement this ______ day of November, 2022.
By:_____________________________________
Print Name: Allan Ekberg
Its: Mayor
Ogden Murphy Wallace City Attorney Services 2023-2024
183
Mayor Allan Ekberg
September 23, 2022
Page 4
OGDEN MURPHY WALLACE, P.L.L.C.
STANDARD TERMS OF ENGAGEMENT
General Rates
The usual basis for determining our fees is the time expended by attorneys, paralegals, and legal
assistants of the firm. The rates for our services presently range from $175 to $635per hour and
are subject to change from time to time. Our current rate schedule is always available upon request.
Whenever it is appropriate, we will use associate attorneys, law clerks or legal assistants in our
office.
Other Factors in Rates
Although time expended and costs incurred are usually the sole basis for determining our fees, by
mutual agreement billings to you for legal services may, in some instances, be based on a more
comprehensive evaluation of the reasonable value of the firm's services. The firm is committed to
charging reasonable fees for its services. In certain situations, factors other than the amount of
time required will have a significant bearing on the reasonable value of the services performed.
Such factors include: the novelty and complexity of the questions involved; the skill required to
provide proper legal representation; familiarity with the specific areas of law involved; the
preclusion of other engagements caused by your work; the magnitude of the matter; the results
achieved; customary fees for similar legal services; time limitations imposed by you or by
circumstances; and the extent to which office forms and procedures have produced a high quality
product efficiently. There may be some activity that we can do on a contingent or other basis;
however, we will handle matters on a contingency or other basis only when and to the extent
specifically agreed in writing in advance of the work.
In circumstances where our fees will be based on or include factors other than our normal hourly
charges and costs, we will notify you promptly and prior to proceeding. Any basic document fee
that we may charge you has been and will be set in light of these various factors.
Billing Fees and Costs
The City will not be chargedfor normal clerical or secretarial work, the expense of which has been
calculated into our hourly rates for attorneys. Reimbursement will be made by the City for
expenditures related to court costs and fees, copying, postage, computer-aided legal research when
conducted on behalf of the City, mileage, and parking. Other expenses shall be reimbursed when
authorized in advance by the City.
We will bill the City monthly for services performed. Our bill will show the service provided, the
date, the person providing the service, and the time expended in tenths of an hour.
We will work with the City to develop and implement a billing and invoicing framework that meets
the City’s needs. At the City’s preference, individual billing numbers can be established for each
Ogden Murphy Wallace City Attorney Services 2023-2024
184
Mayor Allan Ekberg
September 23, 2022
Page 5
department, as well as for any specialty matter (e.g. litigation, contract negotiations, etc.) that
arises.
Legal services would be billed monthly, and each invoice would include a billing narrative for
every time entry sensitive to protecting the attorney/client privilege.
Payment; Interest
You agree to make payment within thirty (30) days of receipt of our monthly statement.
Outstanding balances that are not paid when duewill accrue interest at the rate of one percent
compounded monthly from the date of invoice until paid.
Termination
You may terminate our representation at any time, with or without cause, by notifying us. Upon
such action, all fees and expenses incurred before the termination are due to the firm. If such
termination occurs, your original papers will be returned to you promptly upon receipt of payment
for outstanding fees and costs. If you wish to have a paper or electronic copy of your file at the
conclusion of our representation, we will provide it to you at the current copy rate per page then
in effect.
Confidentiality and Electronic Communications
Ogden Murphy Wallace is committed to maintaining the security of our system and the
communications with our clients. Unless you otherwise instruct us in writing, we intend to use
various communications devices in the normal course (which may include wired or wireless
devices, e-mail, cellular telephones, voice over Internet, texting, and electronic data/document web
sites) to communicate with and send or make available documents to you and others. Though
encryption is a security tool that we utilize, not all communications are encrypted. By signing this
letter, you consent to the usage of a variety of communication methods even if such methods are
not encrypted.
It is important for us to maintain open communication with each other throughout the engagement.
We will regularly keep you informed of the status of the matter and will promptly notify you of
any major case developments. We will consult with you whenever appropriate.
You agree to communicate with and provide us with complete and accurate information as needed
to further the case. Further, you will timely notify us of any changes in the structure of your
organization, changes to the personal information or residence of any individuals related to this
matter, or any extended periods of time when you will be unavailable.
Ogden Murphy Wallace City Attorney Services 2023-2024
185
Mayor Allan Ekberg
September 23, 2022
Page 6
Dispute Resolution
If you disagree with the amount of our fee, please take up the question with your principal attorney
contact or with the firm's managing member. Typically, such disagreements are resolved to the
satisfaction of both sides with little inconvenience or formality. Any disputes relating to these
Terms of Engagement or the accompanying engagement letter (collectively this "agreement") or
the amount of legal fees related thereto, will be submitted to arbitration through the American
Arbitration Association (the “AAA”) in Seattle, Washington, according to its then-effective rules,
and to Ogden Murphy Wallace, P.L.L.C. and you agree to be bound by the results of such
arbitration. Please be aware that by agreeing to arbitration, you are waiving the right to a trial by
jury and your right to appeal. Although the arbitrator will be authorized to award any damages or
relief that a court of law having jurisdiction over the dispute could award, the arbitrator will be
bound by the AAA rules and not by state or federal court rules, and discovery will be limited to
what is allowed under the AAA rules. The grounds for appeal of an arbitration award are limited
as compared to a court judgment or jury verdict. Arbitration fees and expenses shall be borne
equally by the parties. In the event of non-payment such that we must pursue collection of your
account, you agree to pay the costs of collecting the debt, including court costs and fees, and a
reasonable attorney’s fee.
The law of the state of Washington will apply to any such dispute.
Withdrawal
We reserve the right to withdraw from representing you if, for any reason, our fees are not timely
paid inaccordance with this agreement, or for any other appropriate reason, as determined by the
firm in accordance with applicable law and the Rules of Professional Conduct.
Client Documents
During the engagement, we will maintain certain documents relevant to this representation. At the
conclusion of this engagement, we will retain your original documents for a period of ten years
unless you request that they be returned to you. If you havenot requested possession of the file or
any of its contents at the end of ten years, the file may be destroyed in accordance with our record
retention program.
We may store some or all of your electronic files on a variety of platforms, including third-party
cloud-based servers. You specifically consent to the use of these services for document storage
and management, and to the conversion of all paper documents in your file to electronic form. You
recognize that technology is ever evolving and that electronic communications cannot be fully
protected from unauthorized interception. You acknowledge that our email system may be
unencrypted, and you covenant and agree to proactively notify us in writing if you require that any
of your deliverables or emailsbe sent to you with encryption. We caution you not to send or access
any email or other electronic message to or from us, respectively, via any public or semi-public
network, or network or devices owned or controlled by any third party. Nonetheless, for efficiency
Ogden Murphy Wallace City Attorney Services 2023-2024
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Mayor Allan Ekberg
September 23, 2022
Page 7
purposes, you authorize us to transmit information, including information of a confidential nature,
to you (or your designated representative) by email to any address which you may provide to us
for such purposes, including responding to the sending address of any such message that we may
receive from you. In addition, you authorize our use of third-party cloud, back-up, client
management, timekeeping, and file-sharing services, including, but not limited to, ShareFile,
Dropbox, DocuSign, Carpe Diem, Mimecast, and SurePoint, in the course of our representation.
You acknowledge that we may be bound by certain third party terms and conditions related to the
use of such services and that our use of such services is not without risks (and you agree to assume
such risks).
Please note that if we represent you in a matter in litigation, you have an obligation to preserve all
documents that may be relevant to this matter.
Disclaimer
You acknowledge that we have made no guarantees regarding the disposition, outcome, or results
of your legal or business matters, and all expressions we have made relevant thereto are only our
opinions as lawyers based upon the information available to us at the time.
Independent Advice
Since the Engagement Agreement is legally binding and affects your legal rights, you may wish to
seek the advice of independent counsel prior to executing it.
Conclusion
Thank you for retaining our firm. We look forward to working with you.
Ogden Murphy Wallace City Attorney Services 2023-2024
187
Mayor Allan Ekberg
September 23, 2022
Page 8
EXHIBIT A-SCOPEOFSERVICES
Contractor agrees to provide a level of service equal to or greater than the level of service provided
by an in-house city attorney working approximately 28 hours per week. Kari L. Sand is the
designated member of Ogden Murphy Wallace that will serve as the City Attorney. Any changes
in this position must be approved in advance by the City.
1.Flat Rate Fee for City Attorney General Services
Contractoragreesto provide generalcity attorney services,for a flatfee, including but
notlimited to:
A.Attending regular meetings of the City Council and executive sessions scheduled
for regular meetings of the City Council and, upon request, attending special
meetings of the City Council, meetings of the Committee of the Whole, other
Committee meetings, and meetings of City Boards and Commissions.
B.Preparation and/or legal review of contracts, interlocal agreements, resolutions and
ordinances and other city documents or materials as requested.
C.Practice “preventative law” in the form of regular consultation with Mayor, City
Councilmembers, City Administrator,and staff.
D.Except as set forth in Section 2, defend and manage (for WCIA-related matters)
litigation brought against the City.
E.Providing legal advice relating to the Public Records Act and public records
requests, including review and redaction of records and preparation and review of
exemption logs, as requested.
F.As requested, providing special classes and/or seminars for staff, elected officials,
Boards, and Commissions on issues including, but not limited to, thePRA, OPMA,
ethics, conflicts of interest, and the appearance of fairness doctrine.
G.Such other general city attorney matters as are assigned.
H.Work up to approximately 28 hours per week on average.
I.Maintain comprehensive Internet and remote access capability, including e-mail,
linking Contractor's office with City Hall.
J.It is incumbent upon the City, in partnership with the City Attorney, to manage the
general services within the estimated 28-hour work week staffing model.
Ogden Murphy Wallace City Attorney Services 2023-2024
188
Mayor Allan Ekberg
September 23, 2022
Page 9
2.Separate Matter Services
Contractor agrees to provideCityAttorney SeparateMatter Servicesforlitigationand
contestedadministrativeproceedings,whichinclude but are not limitedto:
A.Eachindividualcivilactionfiled by or against the City,exceptmattersforwhichWCIA
hasassigned primary, leaddefensecounsel,which the City Attorney shall manage as
part of generalcityattorneyservices,andexceptthatmultiple condemnation lawsuits
relatedto the same project shallconstitute only one SeparateMatter;
B.All Code Enforcementmatters conducted before theHearing Examiner or in Court, but
not including general code enforcementservices,whichshall be includedin
Contractor'sflat monthly fee;and
C.All drug or other forfeiturematterscollectivelyfiled by or against the City.
ForeachsuchSeparateMatter, Contractor shallbepaid hourly ratesfor2023-2024assetforth
in Exhibit B, Section 2.
3.Special Services
Contractor agrees to provideCityAttorney SpecialServices,whichincludebutare not
limitedto:
Otherspecialized municipal lawservices, including but not limitedtofranchise
negotiations andtelecommunicationswork (e.g., smallcellROWagreements, pole
leases,etc.); provided, however, thatanysuchSpecialServicesshallfirst be
authorized by theCity.
ForsuchSpecialServices, Contractor shall be paid hourly ratesfor 2023-2024 assetforth
in Exhibit B, Section 3.
Itisunderstood and agreedthattheCityAttorneyshall not provideprivatelegalservicesto
any employee of theCity of Tukwiladuringtheterm of this Agreement.
Ogden Murphy Wallace City Attorney Services 2023-2024
189
Mayor Allan Ekberg
September 23, 2022
Page 10
EXHIBIT B-COMPENSATIONANDMETHODOFPAYMENT
1.CityAttorneyGeneralServices
For 2023, all city attorney general services set forth in Section 1 of Exhibit A, Contractor
shall be paid a flat monthly fee of $33,000, plus extraordinary expenses. For 2024, all city
attorney general services set forth in Section 1 of Exhibit A, Contractor shall be paid a flat
monthly fee of $35,000, plus extraordinary expenses.
Extraordinary expenses shall include court filing fees, deposition and other discovery costs,
parking, mileage costs other than to and from City Hall or other locations within the City,
and other similar expenses advanced by Contractor on City's behalf. Extraordinary
expenses shall not include routine photocopying, fax, or long-distance telephone charges.
2.City-Attorney Separate Matter Services
All litigation and administrative proceeding services set forth in Section 2 of Exhibit A
shall be considered Separate Matter Services. Contractor shall maintain its current
practice of providing individual monthly billing statements for each Separate Matter.
2023-2024 HourlyRatesforSeparateServices
Member $350/hour
Associates $275/hour
3.City-Attorney Special Services
SpecialServicesshallfirst be authorized by the City.Contractorshall be paid hourly rates
for 2023-2024 asset forthbelow for authorized Special Services.
2023-2024 HourlyRatesforSpecialServices
Member $385/hour
Associates $285/hour
Paralegalservicesforall matterswill be billedat $140/hour.
Ogden Murphy Wallace City Attorney Services 2023-2024
190
Finance & Governance CommitteeMinutes........................................................................................................October 24, 2022
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Ekberg
Finance & Governance Committee
FROM:David Cline, City Administrator
BY: Cheryl Thompson, Executive Assistant
DATE: October 17, 2022
SUBJECT: Contract for Public Defense Services
ISSUE
The current contract for public defender services provided by Kirshenbaum & Goss expires
December 31, 2022. The proposed contract for 2023-2024 is attached.
BACKGROUND
The Sixth Amendment of the United States Constitution requires that people accused of
serious crimes who cannot afford to pay for private counsel be provided with an attorney.
Responsibility for upholding the mandate of the Sixth Amendment lies with the states
although in Washington State this responsibility has been delegated to counties and
municipalitiesthat have judicial branches. The City of Tukwila contracts for public defense
services to provide legal representation for indigent criminal defendants who qualify for
appointment of counsel. Representation is provided from the time of screening for eligibility
through trial, sentencing and appeals to the superior court, if necessary.
Two significant occurrences have impacted the provision of public defense services in the
recent past: 1) Effective January 1, 2015, Public Defense Standards were adopted by the
Washington State Supreme Court. These standards delineate the number of cases each
attorney can handle per year and mandates that compensation include administrative and
training costs. 2) The federal court decision, provided additional
emphasis on requirements for timely contact with clients, provision of support services for
public defense attorneys to provide adequate representation like investigation services,
interpreter services and expert witnesses, and reasonable compensation.
The City has developed a Public Defense program that fully complies with the Public Defense
Standards and .
DISCUSSION
The City has historically contracted with Kirshenbaum & Goss, Inc. P.S. for the provision of
public defense services. In September 2022 the City advertised a Request for Proposals for the
195
INFORMATIONAL MEMO
Page 2
provision of public defense services.Kirshenbaum & Goss was the only firm to submit a
proposal.The proposal requests a modest increase to the monthly base compensationwith
provisions for additional compensation if the quarterly caseload exceeds 240 cases, andif a
case is appealed to King County Superior Court.
In 2021-2022 we paid a flatrate of $29,100 per month for public defense services with $27,600
per month being paid from the general fund and $1,500 per month from the Office of Public
Defense (OPD) grant fundsas allowed by the OPD Grant Agreement. The proposedBase
Compensation rate for 2023-2024 is $29,500 per month, with an additional $400 per case for
each case assigned over the 240 quarterly caseload and an additional $800 for any case that is
appealed to King County Superior Court where the firm has to prepare and submit a brief.
This represents aminimum annual increase of$4,800 to the general fund. We do not
anticipate exceeding 240 case assignments per quarter and the City has averaged less than
one appeal per year to Superior Court in the past five years.
The Agreement allows for compensation review in two circumstances: 1) When the City
receives notice from the Office of Public Defense regarding the 2024-2025 Grant Application,
to adjust compensation, if needed; and 2) If the Tukwila Municipal Court implements a
Community Court during the term of the Agreement, the impact to provision of public defense
services for the Community Court will be assessed and compensation may be adjusted
accordingly.
RECOMMENDATION
The Committee is being asked to move this item forward to the November 14, 2022
Committee of the Whole meeting for further discussion.
ATTACHMENTS
Draft Contract for Public Defense Services for 2023-2024
196
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR PUBLIC DEFENSE SERVICES
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a non-charter
optional municipal code city hereinafter referred to as “the City,” and Kirshenbaum & Goss, Inc. P.S., a
Washington Corporation, hereinafter referred to as “the Contractor” (collectively, “the Parties”).
WHEREAS, the City has a need to have legal services available for those charged with a crime in
Tukwila Municipal Court who are deemed indigent and are entitled to the effective assistance of counsel
at the public expense; and
WHEREAS, the Federal Court decision Wilbur v. Mt. Vernon emphasizes the need for the City to
provide indigent defense services to clients of the Tukwila Municipal Court in a manner which fully
complies with the City’s obligations under the Sixth Amendment to the United States Constitution; 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 Aattached hereto and incorporated herein by this reference
as if fully set forth. In performing such services, the Contractor shall at all times comply with all
federal, state, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith, including the provisions of
Washington Supreme Court Order 25700-A-1013 and the public defense standards adopted by
the City pursuant to TMC 2.70. Compliance with these standards goes to the essence of this
Agreement. The Contractor shall request and obtain prior written approval from the City if the
scope of work or schedule of services is to be modified in any way.
2.Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by
this reference. Base Compensation is in consideration of a caseload not to exceed960 cases per
year. In compliance with the public defense standards, the case counts include the Contractor’s
appearance at 48 arraignment calendars per year.
3.Duration of Agreement.This Agreement shall be in full force and effect for a period commencing
January 1, 2023 and ending December 31, 2024 unless sooner terminated under the provisions
hereinafter specified.
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4.Independent Contractor. Contractor and City agree that Contractor is an independent contractor
with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall
be considered to create the relationship of employer and employee between the parties hereto.
Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City
employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
5.Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City,
its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only
to the extent of the Contractor’s negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Contractor’s waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
6.Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors. Contractor’s maintenance of insurance, its scope
of coverage and limits as required herein shall not be construed to limit the liability of the
Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to
any remedy available at law or in equity.
A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the
limits described below:
1.Automobile Liability: The Contractor shall procure and maintain in full force throughout
the duration of this Agreement Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $1,000,000 per accident. Automobile
liability insurance shall cover all owned, non-owned, hired, and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2.Commercial General Liability: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Commercial General Liability insurance with
Kirshenbaum & Goss 2023-2024 Page 2 of 10
198
limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and
$2,000,000 products-completed operations aggregate limit. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, stop-gap independent contractors, personal injury and
advertising injury. The City shall be named as an insured under theContractor’s
Commercial General Liability insurance policy with respect to the work performed for the
City using ISO Additional Insured endorsement CG 20 26.
3.Workers’ Compensation: The Contractor shall procure and maintain Workers’
Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4.Professional Liability Insurance: The Contractor shall procure and maintain in full force
throughout the duration of this Agreement Professional Liability insurance with a
minimum coverage of $2,000,000 per claim and $2,000,000 aggregate. Contractor shall
provide evidence of such coverage in a manner and form acceptable to the City in the
City’s sole discretion. Cancellation of the required insurance shall automatically result in
termination of this Agreement.
B.Other Insurance Provision. The Contractor’s Automobile Liability and Commercial General
Liability insurance policies are to contain, or be endorsed to contain, that they shall be
primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor’s insurance and shall not
contribute with it.
C.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
D.Verification of Coverage. Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work.
E.Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for
this work with written notice of any policy cancellation, within two business days of their
receipt of such notice.
7.Record Keeping and Reporting.
A.The Contractor shall maintain accounts and records, including personnel, property, financial
and programmatic records which sufficiently and properly reflect all direct and indirect costs
of 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.
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199
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless permission to destroy them is granted by the office of the archivist in accordance with
RCW Chapter 40.14 and by the City.
8.Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City’s intention to terminate the same. If the Contractor’s
insurance coverage is canceled for any reason, the City shall have the right to terminate this
Agreement immediately.
9.Discrimination Prohibited. The Contractor, 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.
10.Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
11.Entire Agreement. This Agreement, 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.
12.Notices.
Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the following address:
Kirshenbaum & Goss, Inc. P.S.
1314 Central Ave S Ste. 101
Kent, WA 98032-7430
13.Severability and Survival. If any term, condition,or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement,
which by their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
Kirshenbaum & Goss 2023-2024 Page 4 of 10
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14.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 , 2022.
CITY OF TUKWILA CONTRACTOR:
______________________________ ___________________________________
Allan Ekberg, Mayor David Kirshenbaum
Attest/Authenticated: Approved as to Form:
______________________________ ______________________________
Christy O’Flaherty, City Clerk Kari L. Sand, City Attorney
Kirshenbaum & Goss 2023-2024 Page 5 of 10
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EXHIBIT A - SCOPE OF SERVICES
1.General Scope of Representation. Provide legal representation services in accordance with the
standards adopted by the City in TMC 2.70, the standards set forth by the Washington State Bar
Association Standards for Indigent Defense Services, the Rules of Professional Conduct, Wilbur v.
Mt. Vernon, other related case law and applicable court rules defining the duties of counsel and
the rights of defendants in criminal cases for all indigent criminal defendants charged with a
misdemeanor or gross misdemeanor under ordinances of the City who qualify for appointment of
counsel. The Contractor agrees to attempt to contact the client within 72 hours of notification of
appointment. The Contractor shall provide legal representation for each of these defendants from
time of screening for eligibility through trial, sentencing and appeals to the superior court, if
necessary.
2.Video Court Services. Provide daily video court public defense services to defendants charged under
ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a
manner consistent with the accepted practices for similar services, performed to the City’s
satisfaction.
3.Attorney of the Day Services. Provide an attorney for weekly arraignment calendars, available to all
unrepresented defendants for consultation.
4.Screening. Determination of indigency for eligibility for appointed counsel under this Agreement
shall be determined by an independent screening process established by the City. Should the
Contractor determine a defendant is not eligible for assigned counsel prior to the establishment of
the attorney/client privilege, the Contractor shall so advise the City to reconsider the screening of
that particular individual.
5.24-Hour Contact Information. The Contractor shall provide to the City Police Department, a
telephone number or numbers at which an attorney may be reached 24-hours each day for “critical
stage” advice to the defendants during the course of police investigations and/or arrest for
misdemeanor violations of City Ordinances.
6.Authority to practice. Any counsel associated with or employed by the Contractor shall have the
authority to perform the services called for herein and the Contractor may employ associate counsel
to assist him/her at the Contractor’s expense and with written consent from the City incompliance
with Section 11 of this Agreement. The Contractor and any other attorneys retained pursuant to
this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State
of Washington and shall have read and be fully familiar with the provisions of the Washington
Supreme Court rule and the standards adopted by the City pursuant to TMC 2.70, as well as the
Wilbur v. Mt. Vernon decision.
7.Conflicts. In the event representation of a defendant hereunder raises a conflict of interest such
that the Contractor cannot ethically represent the defendant, said defendant shall be referred
Kirshenbaum & Goss 2023-2024 Page 6 of 10
202
back to the City for further assignment, without being included in the caseload assignments for
the Contractor.
8.Discovery. The City shall provide to the Contractor, at no cost, one copy of all discoverable
material concerning each assigned case. Such material shall include, where relevant, a copy of
the abstract of the defendant’s driving record.
9.Training. Contractor agrees to attend seven (7) hours of criminal defense training each year. The
training must be approved by the Washington State Office of Public Defense (OPD) in compliance
with the OPD Improvement Program Training requirements. This requirement also applies to all
associate counsel. Each attorney will submit a copy of their Continuing Legal Education (CLE) Credits
transcript from the Washington State Bar Association (WSBA) with the Annual Report.
10.Case management. Pursuant to TMC 2.70.050 Standard 8, the Contractor shall maintain a case
reporting and case management system that includes number & type of cases, attorney hours and
disposition.
11.Reporting. Contractor agrees to submit the following reports:
Monthly Case Assignment List: Includes Cause Number, Name, Charges, Date of Assignment and
Date of First Effort to Contact;
Monthly Statistics Report: This report shall take substantially the same form as that attached
hereto as Exhibit C and shall be submitted with the monthly invoice;
Quarterly Certification of Compliance: The Contractor shall certify compliance with the
standards required by CrRLJ 3.1. The Certification shall take substantially the same form as
that attached hereto as Exhibit D and shall be filed quarterly with the Tukwila Municipal Court
on the following dates: January 1, April 1, July 1, and October 1, or the next court day, if the
filing day falls on a weekend or holiday;
Annual Report: Detailing the number of other public defense contracts including jurisdiction, the
number and type of non-public defense cases handled, and the total hours billed for non-public
defense cases.
12.Client Contact Prior to Court Hearings. Contact all clients 1-2 business days prior to their court
hearing to confirm access to and knowledge of how to utilize the necessary technology to appear
before the court.
13.Additional Coverage for Review Calendars. Provide a minimum of two attorneys at each review
calendar to expedite efficient hearings.
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EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT
1.Base CompensationRate. Effective January 1, 2023 for all public defense services set forth in Exhibit
A, Contractor shall be paid a flat monthly fee of $29,500, which includes $1,500 per month Office of
Public Defense (OPD) grant funds to compensate for additional services provided as outlined in
Exhibit A Sections 12 & 13. Should provision of the additional services be modified in any way,
compensation will be adjusted accordingly. OPD grant funds have been awarded for 2023. If needed,
a mid-contract review will be conducted to adjust compensation based on grant funding.
2.Caseload Compensation. Caseload assignments will be evaluated on a quarterly basis. For each case
per quarter over 240 cases additional compensation will be provided at the rate of $375 per case.
3.Appeals. The City shall pay the Attorney an additional sum of $800 per RALJ appeal filed with the
King County Superior Court in which a brief has been filed by the Contractor.
4.Community Court. The Tukwila Municipal Court is researching implementation of a cross-
jurisdictional Community Court. If a Community Court is implemented during the term of this
contract, the impact to provision of public defense services for the Community Court will be
assessed and compensation will be adjusted accordingly.
5.Preauthorized Non-Routine Expenses. Non-routine case expenses requested by Attorney and
preauthorized by order of the Tukwila Municipal Court. Non-Routine expenses include, but are not
limited to:
a.Medical and psychiatric evaluations;
b.Expert witness fees and expenses;
c.Interpreters for languages not commonly spoken in the city or interpreters for services
other than attorney/client communication;
d.Investigation expenses;
e.Medical, school, birth, DMV, 911, emergency communication recordings and logs, and
other similar records when the cost of an individual item does not exceed $75; and
f.Any other non-routine expenses the Tukwila Municipal Court finds necessary and proper
for the investigation, preparation, and presentation of a case.
6.Invoices. The Contractor shall invoice the City by the fifth day of the month for all cases assigned to
him/her for the previous month. The bill shall delineate the following:
City compensation;
Miscellaneous Charges: Copies of invoices and or receipts for miscellaneous charges shall be
attached to the bill; and
A list of the cases assigned for the month including the defendant’s full name, case
number, charges, date of assignment & date of first contact.
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EXHIBIT C – PUBLIC DEFENSE MONTHLY REPORT – Kirshenbaum & Goss
CLIENT CONTACT # per month
Jail Visits
Out of Court Meetings
Phone Calls
Email Correspondence
MOTIONS PRACTICE
Motions
RESOURCES UTILIZED
Expert Consulted
Immigration Case Assistance/Resources (WDA)
Interpreter (out of court)
Investigator
Referred for Mental Health/Competency Evaluation
Social Services Liaison
COMPLAINTS
Complaint Forms Received from Clients
Complaints Filed with the WSBA
TRAINING (in hours)
WDA
WACDL
Other
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EXHIBIT D – CERTIFICATION OF COMPLIANCE
MUNICIPAL COURT FOR
CITY OF TUKWILA
\[ \] No.: ______________________________
STATE OF WASHINGTON
\[ \] Administrative Filing
CERTIFICATION BY:
CERTIFICATION OF APPOINTED COUNSEL OF
COMPLIANCE WITH STANDARDS REQUIRED BY CrR
3.1/CrRLJ 3.1/JuCR 9.2
FOR THE
___ CALENDAR QUARTER OF _______
The undersigned attorney hereby certifies that for the past quarter and for the remainder of the year:
1. Approximately % of my practice time is devoted to indigent defense cases for the City of Tukwila.
Approximately _____% of my practice is devoted to indigent defense cases for the following
jurisdictions: ____________________________________________________
Approximately _____% of my practice is devoted to private practice.
2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to
represent indigent persons and certify that:
a.Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1.
b.Office: I have access to an office that accommodates confidential meetings with clients, and I have
a postal address and adequate telephone services to ensure prompt response to client contact, in
compliance with Standard 5.2.
c.Investigators: I have investigators available to me and will use investigation services as
appropriate, in compliance with Standard 6.1.
d.Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. I will
not accept a greater number of cases than specified in Standard 3.4, prorated if the amount of time
spent for indigent defense is less than full time.
e.Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2,
Sections B-K and will not accept appointment in a case as lead counsel unless I meet the
qualifications for that case.
f.Training: I will attend seven (7) hours of criminal defense training approved by the Washington
State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training
requirements each calendar year.
______________________________________
Attorney, WSBA No. Date
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Finance & Governance CommitteeMinutes........................................................................................................October 24, 2022
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Committee Recommendation
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UPCOMING MEETINGS AND EVENTS
NOVEMBER 2022
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available.
NOV 14 MON NOV 15 TUE NOV 16 WED NOV 17 THU NOV 18 FRI NOV 19 SAT
Community Services
and Safety Committee
5:30
PM
City Hall – Hazelnut
Let’s come together for high
Room
RESTORATION AT
fives, laughs and some old
You're invited to attend
Hybrid Meeting
RIVERTON PARK
fashion restoration. Dig in and
ANEW’s Construction
WORK PARTY
help plant an understory bush
Career Fair! Bring your
This is a great time to be sure
Join Forest Steward,
or shrub that will become a safe
Finance and
resume and meet with local
SPIRIT OF GIVING
you are a “Recycling Expert”
Debbie, for a mid-week
place for urban wildlife. No
Governance Committee
unions and contractors to
CAMPAIGN FOR
on what can go in your
work party. No
experience is necessary. Tools,
5:30
launch your career in the
PM FAMILIES IN NEED
regular recycling cart, as well
experience necessary.
gloves and instructions will be
6300 Building –
construction industry. Come
Tukwila Parks & Recreation is
as local locations where you
Tools, gloves and
Duwamish Room on 2 provided. All ages welcome.
nd
network with local
partnering with Rotary Club of
can recycle specialty items.
instructions will be
Floor This event is rain or shine.
contractors &
SeaTac-Tukwila for the 2022
provided. All ages are
Live music by the BUSKINGS!
Hybrid Meeting
apprenticeship.
Click here for resources. Spirit of Giving Campaign.
welcome.
Together, we will reduce
10:00 – 1:00
4 – 6
AMPM
PMPM
financial stress for caregivers
11:30 – 1:30
AMPM
City Council
ANEW Training Center Click here for more
and help create a time of
Committee of the Whole
Click here to register.
18338 Andover Park W information and to register.
ease and joy for Tukwila
Meeting
School families in need. Our
7:00 Click here to register.
PM
goal is to serve 350 or more
City Hall Council
children this year. You can
Chambers
help by hosting a collection
Hybrid Meeting
drive at your church, school,
Civil Service
office, etc. Or, donate
Commission
unwrapped items, gift cards
HEALTH ENROLLMENT FAIR
5:00
PM
or money.
Open enrollment is from now
Hybrid Meeting
thru 1/14/2023. Get free expert
Click here for more
help on health insurance
information.
options. Enroll by Dec 15 to be
insured by 1/1/2023!
10:00
AM
St. Thomas Catholic Parish
4415 S 140 St
th
Click here for more
information.
NOV 21 MON NOV 22 TUE NOV 23 WED NOV 24 THU NOV 25 FRI NOV 26 SAT
Planning and Arts Commission
Community Rescheduled to Nov 30
Development
Committee
5:30
PM
TUKWILA INTERNATIONAL
SENIOR THANKSGIVING
City Hall – Hazelnut
BOULEVARD ACTION
LUNCHEON
Room
COMMITTEE
The 33 rd Annual Senior Adult
Hybrid Meeting
Thanksgiving Luncheon is
TRASH PICK-UP DAY
FREE and you may register
For more information, call
City Offices and Tukwila
Transportation and
City Offices and Tukwila
online or in-person.
Sharon Mann at 206-200-3616.
Community Center closed.
Infrastructure Services Community Center closed.
11:00 1:00
AM – PM
Committee
5:30
PM
Click here to register (look
6300 Building –
under “Senior Events”)
Duwamish Room on 2
nd
or call 206-768-2822.
Floor
Hybrid Meeting
DONATE BLOOD AND ENTER
TO WIN A NINTENDO
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POLICE DEPARTMENT IS HIRING!
Join our team and write your future chapter with us. Become a part of our Tukwila PD family and our community. We offer a supportive environment
including a supportive community, supportive elected officials, supportive command staff and opportunities to train and build your future with us. We are
hiring Entry Level and Lateral Officers. Click here for more information.
POLICE DEPARTMENT HIRING PROCESS VOLUNTEERS NEEDED
Tukwila Police Department is seeking members of the community who are interested in volunteering with the Police Department hiring process as members of an
interview panel for selection of Police Department staff. Click here for more information and to apply.
CONSTRUCTION VOLUNTEERS NEEDED FOR THE RIVERTON TINY HOMES!
Nov 2 will be the start of volunteer opportunities. The construction will be 3 days a week, Wednesdays, Thursdays & Fridays. There will be group work
parties on Saturdays, Nov 12 & 17. We are hoping to complete this community by Thanksgiving. Click here for more information.
DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 – 2:00
AMPM
VOLUNTEERS – In need of volunteers for food packaging or food distributions. For food package, email . For distributions, click here to sign up.
DONORS – Please donate at TukwilaPantry.org.
STILL WATER SNACKPACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP!
SnackPack serves food bags on Fridays to Tukwila students in need.
Volunteers needed on Wednesdays, Thursdays and Fridays.
To help pack food, email StillWatersFamilyServices@gmail.com. To deliver food, click here to register with Tukwila School District.
Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88576, Tukwila WA 98138.
VIA TO TRANSIT
Get around Tukwila with the click of a button. Skip the traffic and use Via transit to make fast, easy and affordable rides to Tukwila Community Center,
Westfield Southcenter Mall, or nearby locations in Tukwila. Click here for more information.
COVID-19 VACCINATION
All Washingtonians ages 5 and up are eligible to receive a COVID-19 vaccination—and now also babies and children 6 months and older. For more information, visit
Getting vaccinated in King County or call 206-477-3977. You can also search at vaccinelocator.doh.wa.gov Interpreters available for assistance. Telephone-to-text relay
service: Dial 711 or 1-800-833-6384. Tactile interpretation: seattledbsc.org.
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Tentative Agenda Schedule
MEETING 1 – MEETING 2 – MEETING 3 – MEETING 4 –
REGULAR C.O.W. REGULAR C.O.W.
NOVEMBER 21
NOVEMBER 7 NOVEMBER 14 NOVEMBER 28
CONSENT AGENDA
SPECIAL ISSUES
- Authorize the Mayor to sign a contract with Ogden Murphy
- Legislative Agenda:
Wallace for City Attorney Services for 2023-2024.
See below link for the See below link for the agenda
-A legislative update from David
- Authorize the Mayor to sign a contract with Kirshenbaum & Goss
agenda packet to view the packet to view the agenda
Foster, City Lobbyist.
for Public Defense Services for 2023-2024.
agenda items: items:
- A resolution adopting a
- Authorize the Mayor to accept the Open Spaces River Corridors
Legislative Agenda for use
Grant Agreement with King County for the Nelsen Side Channel
November 7, 2022 November 14, 2022
during the 2023 Washington
Project in the amount of $250,000.00 (coming to the City).
Regular Meeting Committee of the Whole
State Legislative Session.
- Authorize the Mayor to accept the Cooperative Watershed
Meeting - Puget Sound Regional Fire
Management Grant Agreement with King County for the Gilliam
Authority (PSRFA):
Creek Fish Barrier Removal Project in the amount of
- Transition of Fire Services:
$250,000.00; the Nelsen Side Channel Project in the amount of
Next Steps and Legislation.
$100,000.00; and the Riverton Creek Project in the amount of
- Resolution to Seek
$40,000.00.
Annexation into the PRSFA.
- Authorize the Mayor to accept the Salmon Recovery Fund Board
- Economic Development Plan,
Grant Agreement with the Washington State Recreation &
Vision and Goals.
Conversation Office for the Gilliam Creek Fish Barrier Removal
- Impact Fee updates:
Project in the amount of $250,000.00.
- Ordinance updating Fire
- Authorize the Mayor to accept the King County Flood Control
Impact Fees.
District Flood Reduction Grant Agreement with King County for
- Ordinance updating Park
the Gilliam Creek Project in the amount of $250,000.00 and the
Impact Fees.
South 131 st Street Project in the amount of $100,000.00.
- Contract for Foster Golf Links
- Authorize the Mayor to sign a contract with BHC Consultants LLC
Water Main Line Repair.
for plan review and inspection services in the amount of
$150,000.00.
- Authorize the Mayor to sign a contract with Reid Middleton for
structural plan review in the amount of $150,000.00.
An ordinance repealing Ordinance #2253 §1 (part) and
-
amending Ordinance #1995 §1 (part), as codified at Tukwila
Municipal Code Chapter 11.08, “Permits,” to retitle TMC Chapter
11.08 as “Right-of-Way Permits,” and establish new regulations
related to activities within the right-of-way.
- Authorize acceptance of a grant from the Federal Highway
Administration Congestion Mitigation & Air Quality Grant
Program for the City’s Transportation Demand Management
Program in the amount of $450,000.00.
- Authorize the Mayor to sign Amendment #1 to Contract #20-120
with the Walls Law Firm in the amount of $75,000.00.
PUBLIC HEARING
An ordinance vacating right-of-way within the City of Tukwila
dedicated for street purposes, generally described as unnamed
right-of-way in the 14000 block of Interurban Avenue South located
east of Interurban Avenue South and west of the Duwamish River.
(George Long)
UNFINISHED BUSINESS
- An ordinance vacating right-of-way within the City of Tukwila
dedicated for street purposes, generally described as unnamed
right-of-way in the 14000 block of Interurban Avenue South
located east of Interurban Avenue South and west of the
Duwamish River. (George Long)
- Tax Levy Legislation:
- An ordinance increasing the City of Tukwila regular levy from
the previous year, commencing January 1, 2023, on all
property, both real and personal, in compliance with RCW
84.55.120.
- An ordinance levying the general taxes for the City of Tukwila
in King County for the fiscal year commencing January 1,
2023, on all property, both real and personal, in said city, that
is subject to taxation for the purpose of paying sufficient
revenue to carry on the services of the several departments of
said city for the ensuing year, with an excess property tax levy
for the purpose of paying debt service on the City’s Unlimited
Tax General Obligation Bonds issued in 2016 and 2019, as
required by law.
- Budget Legislation:
- An ordinance adopting the 2023-2024 Biennial Budget.
- A resolution adopting the 2023-2028 Financial Planning Model
and Capital Improvement Program for general government and
the City’s Enterprise funds.
- An ordinance amending Ordinance #2641, which adopted the
City of Tukwila’s 2021-2022 Biennial Budget, to adopt an
amended year-end budget.
- B&O (Business & Occupation) Tax Legislation:
- An ordinance establishing a new Chapter 3.26 of the Tukwila
Municipal Code (TMC) entitled, “Business and Occupation Tax”;
establishing TMC Chapter 3.27 entitled “Business and
Occupation Tax Administrative Provisions”; providing for a
referendum process.
- A resolution authorizing the transfer of funds for the purpose of
making a loan from the sewer fund to the general fund;
establishing an interest rate and repayment schedule for said
interfund loan (Fire Department apparatus).
- A resolution repealing Resolution #2012, 2021 and 2046, and
adopting a Consolidated Permit Fee Schedule.
- An ordinance amending Tukwila Municipal Code Section
2.05.010 to fix the amount of compensation for Councilmembers
for years 2023 through 2026; repealing Ordinance #2668.
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Tentative Agenda Schedule
MEETING 1 – MEETING 2 – MEETING 3 – MEETING 4 –
REGULAR C.O.W. REGULAR C.O.W.
DECEMBER 5DECEMBER 12 DECEMBER 19DECEMBER 26
CONSENT AGENDA
SPECIAL ISSUES
-Accept as complete the 2021
-An ordinance authorizing the use
Small Drainage Project;
of automated speed cameras in
authorize release of
Park zones.
retainage, subject to the
-An update on the Public Works
standard claim and lien
Shops Phase 2 – Test-to-Fit
procedures.
project.
-Approve an application for
-A resolution repealing Resolution
Lodging Tax Funds.
#2018 and adopting a revised
-Resolution adopting 2023
Fire Department Fee Schedule.
Legislative Agenda.
-Puget Sound Regional Fire
Authority (PSRFA):
-Transition of Fire Services:
Next Steps and
Special Meeting to follow
Legislation.
Committee of the Whole
-Resolution to Seek
Meeting.
Annexation into the
PRSFA.
UNIFINISHED BUSINESS
CONSENT AGENDA
-Impact Fee updates:
-An ordinance authorizing the use
-Ordinance updating Fire
of automated speed cameras in
Impact Fees.
Park zones.
-Ordinance updating Park
-A resolution repealing Resolution
Impact Fees.
#2018 and adopting a revised
-Contract for Foster Golf
Fire Department Fee Schedule.
Links Water Main Line
-Authorize the Mayor to accept
Repair.
the Periodic Comprehensive
Plan Update Grant with
Washington State Department of
Commerce in the amount of
$125,000.00.
-Authorize the Mayor to accept
the 2022-2024 Waste Reduction
and Recycling Grant with King
County in the amount of
$65,637.00.
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