HomeMy WebLinkAboutFIN 2024-04-22 COMPLETE AGENDA PACKETCity of Tukwila
Finance and Governance
Committee
O De'Sean Quinn, Chair
O Tosh Sharp
O Jovita McConnell
AGENDA
MONDAY, APRIL 22, 2024 — 5:30 PM
Distribution:
D. Quinn
T. Sharp
J. McConnell
Mayor McLeod
M. Wine
A. Youn
L. Humphrey
ON -SITE PRESENCE:
TUKWILA CITY HALL
HAZELNUT CONFERENCE ROOM
6200 SOUTHCENTER BOULEVARD
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Item
Recommended Action
Page
1.
BUSINESS AGENDA
a. A resolution updating change and petty cash fund
amounts.
a.
Forward to 5/6 Regular
Meeting Consent Agenda.
Pg.1
Vicky Car/sen, Finance Director; and
David Rosen, Fiscal Analyst
b. An ordinance updating the City Tax Codes.
b.
Forward to 6/10 C.O.W. &
Pg.5
[rescheduled from 3/25/24 Finance & Governance Committee meeting]
6/17 Regular Meeting.
Adam Schierenbeck, Sr. Fiscal Coordinator - B&O Tax
c. A resolution updating the City's Financial Policies.
c.
Forward to 5/13 C.O.W. &
Pg.37
Laurel Humphrey, Legislative Analyst
5/20 Regular Meeting.
d. A resolution updating the City's Purchasing Policy.
d.
Forward to 5/13 C.O.W. &
Pg.47
Laurel Humphrey, Legislative Analyst
5/20 Regular Meeting.
e. Monthly General Fund Expenditure update.
e.
Discussion only.
Pg.77
(March 2024)
Tony Cullerton, Deputy Finance Director
2.
MISCELLANEOUS
Next Scheduled Meeting: June 24, 2024
S. The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance.
TO:
City of Tukwila
Thomas McLeod, Mayor
Parks & Recreation Department - Pete Mayer, Director
INFORMATIONAL MEMORANDUM
Finance & Governance Committee
FROM: Vicky Carlsen, Finance Director
BY: David Rosen, Parks & Recreation Fiscal Analyst
DATE: April 11, 2024
SUBJECT: Resolution Updating City Petty Cash & Change Fund Amounts
ISSUE
The City of Tukwila Finance Department, in the interest of operational efficiencies, is seeking to right
size and/or eliminate certain petty cash and/or change funds utilized by departments across the city.
This action can only be done via Resolution, which requires approval by the full City of Tukwila Council.
BACKGROUND
The last resolution to set petty cash and change fund levels within the city was Resolution 1998, which
was passed in mid -September 2020 and established a change fund for the Police Department. P
Petty cash funds are kept on hand for entities to cover small, unexpected business expenses that may
occur in the normal course of operations. Petty cash funds are to be kept in a located location with a
designated custodian of the fund who can authorize or approve disbursement of the funds when
needed.
Change Funds are used to facilitate collection of cash from customers during cash transactions that
may take place on location at city facilities. Change funds remain at their set level at the beginning of,
throughout, and at the end of each business day as their only use is for facilitating cash transactions.
DISCUSSION
The need and usage of petty cash funds has been heavily reduced by the city's transition to
procurement cards (P-Cards), credit cards provided for staff usage through US Bank that can be used
to facilitate transactions in the course of city operations. In the case of this resolution, several
departments will close out and/or reduce their petty cash fund amounts.
Change funds are also seeing a reduction in usage as the overall usage of cash in transactions with
city customers lessens. Much the same as petty cash, several departments will either be eliminating
their change fund, or reducing the level set.
FINANCIAL IMPACT
Passage of the proposed resolution will create no financial impact on the General and/or any other
funds within the City's financial portfolio.
RECOMMENDATION
Staff recommend the Finance & Governance Committee forward this resolution to the May 6' Tukwila
City Council regular meeting for approval via the consent agenda.
ATTACHMENTS
A — Proposed Resolution
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
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2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REDUCING OR ELIMINATING
CHANGE FUNDS AND PETTY CASH FUNDS TO REFLECT
CHANGING CITY OPERATIONS, IMPROVE OPERATIONAL
EFFICENCIES, IMPROVE ON -SITE SECURITY, AND
REPEALING RESOLUTION NO. 1998.
WHEREAS, the Tukwila City Council previously established Change Fund and Petty
Cash Fund levels for various City departments by Resolution No. 1998, passed on
September 14, 2020; and
WHEREAS, there is now a need to reduce and/or eliminate the Change Fund and
Petty Cash levels for multiple City departments to reflect changes in City operations,
improve operational efficiencies, and improve on -site security at City facilities;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Change Fund levels are hereby set as follows:
Finance Department
General Fund
GOO
$300.00
Finance Department
Water Fund
401
$ 400.00
City Clerk's Office
General Fund
000
100.00
Municipal Court
General Fund
000
300.00
Parks and Recreation
General Fund
000
350.00
Parks and Recreation
Foster Golf Course Fund
411
200.00
'Golf Coursel
2,500.00
{or less as needed)
Police Department
General Fund
000
500.00
(or less as needed)
2024 Legislation: Change and Petty Cash
Version: 04/11/2024
Staff: D. Rosen
Page 1 of 2
3
Section 2. The Petty Cash Fund levels are hereby set as follows:
Finance Department
General Fund
000
$ 300.00
Finance Dept. Witness/Juror Fees
General Fund
000
1,000.00
Police Investigation/Tukwila
General Fund
000
10,000.00
Fire Department
General Fund
000
350.00
Parks and Recreation
General Fund
000
100.00
300.00
Public Works Division I
General Fund
000
350.00
Section 3. Resolution No. 1998 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Mohamed Abdi, Council President
APPROVED AS TO FORM BY:
Office of the City Attorney
2024 Legislation: Change and Petty Cash
Version: 04/11/2024
Staff: D. Rosen
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 2 of 2
4
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance and Governance Committee
FROM: Vicky Carlsen, Finance Director
BY: Adam Schierenbeck, Senior Fiscal Coordinator
CC: Mayor McLeod
DATE: March 18, 2024
SUBJECT: City Taxes - TMC Amendments
ISSUE
Staff are proposing various housekeeping -type amendments to administer the admission,
commercial parking, gambling, and utility tax more effectively. These proposed amendments
include, but are not limited to, applying uniform penalty and interest rates; applying a uniform
lookback period for tax assessments and refunds; and providing uniform enforcement
provisions, confidentiality provisions, and the ability for the Finance Director to establish tax
rules. Staff are also proposing to add business and occupation (B&O) exemptions for public
utilities that were previously intended to apply, as well as codify an admission tax exemption for
the activity of bowling and related equipment rental (e.g., bowling balls and shoes). Finally, staff
recommend amending certain definitions to remove ambiguity and provide greater clarity and
consistency.
BACKGROUND
On December 4, 2023, the City Council passed Ordinance No. 2727, establishing additional
B&O tax exemptions and additional administrative provisions that apply to the City's B&O tax, to
aid the City in equitably administering and enforcing the tax. See generally chapters 3.26 (B&O
Tax) and 3.27 (B&O Tax Administrative Provisions) of the Tukwila Municipal Code (TMC). Since
the passage of Ordinance No. 2727, an oversight was found that makes certain utility
businesses subject to both B&O tax and utility tax. It is recommended that the TMC be
amended consistent with the model B&O ordinance so that public utilities subject to the utility
tax are exempt from B&O tax.
In addition to the B&O tax, the City also imposes other taxes, such as admission and
entertainment tax (chapter 3.20 TMC), commercial parking tax (chapter 3.48 TMC), gambling
activities tax (chapter 3.08 TMC), and utility tax (chapter 3.54 TMC). These tax chapters
currently lack adequate enforcement provisions and are silent on issues that are currently
addressed in the B&O tax administrative code and would benefit from sharing the same
administrative provisions as the B&O tax.
On November 28, 2022, when the City Council initially adopted the B&O tax and related
administrative provisions by Ordinance No. 2689, a financial hardship appeal provision was
included that deviated from the model ordinance. Upon further review by the City Attorney's
Office, it has been determined that it would be difficult for the Finance Director to effectively and
consistently administer such a provision. Therefore, it is recommended that the financial
hardship provision be repealed.
Finally, upon reviewing the definitions by which tax is levied on admission and entertainment
charges, commercial parking, and utility activities, it has also been determined that there is
ambiguity within some of the existing definitions, as well as ambiguity relating to how cellular
5
INFORMATIONAL MEMO
Page 2
telephone service revenues should be allocated to the City. This review further concluded that
an admission tax exemption should be specifically granted for bowling activities to align with the
City's past practice and the common practice of neighboring cities who also exempt bowling
activities and related rental fees from the admission and entertainment tax.
DISCUSSION
Staff are proposing the following code amendments to administer the admission tax, commercial
parking tax, gambling tax, and utility tax more effectively. The proposed amendments also will
align certain definitions and exemptions with other Washington cities and Tukwila's past practice
administering the various tax codes.
Definition Changes
The following definition changes are recommended, which are common to neighboring cities
that levy similar taxes, remove ambiguity, and provide corrections to outdated terminology.
1. Admission & Entertainment Tax:
a. Amend the definition of "admission charge" to include those activities for which
"recreation" or amusement is provided, as provided in RCW 35.21.280, and to
clarify the activities subject to tax as provided for in the existing definitions.
b. Adding other definitions to clarify the activities and organizations for which the tax
does or does not apply.
2. Commercial Parking Tax: Amend the definitions to clarify the activities to which the
commercial parking tax applies.
3. Utility Tax: Provide updated definitions for "telephone business." Equivalent changes
were made by the State of Washington in 2007 to conform Washington's tax structure to
the Streamlined Sales and Use Tax Agreement and, in 2002, to the federal Mobile
Telecommunications Sourcing Act for the purpose of establishing uniform nationwide
sourcing rules for state and local taxation of mobile telecommunication services (see SB
6539 — 2001-02). At the time, the state legislature recognized that the clarifications are
likely revenue -neutral at the state level.
Additional Exemptions
The following additional exemptions are recommended, as they are common to neighboring
cities that impose similar taxes. In the case of public utilities subject to utility taxes and/or
franchise fees, the exemption from B&O tax is mandated by the B&O tax model ordinance.
• Admission tax exemption for participating in bowling and related equipment rental.
• B&O tax exemption for gross income derived from public utility activities on which a
franchise fee is imposed by the City (e.g., water and sewer utilities), and for solid waste
collection activities that are subject to the City's utility tax.
Tax Administrative Provisions
The Washington B&O tax model ordinance provides several administrative provisions that were
previously enacted to effectively administer and enforce the B&O tax. These same
administrative provisions are commonly used by other cities to administer other city -imposed
taxes. The City hereby seeks to expand the current B&O tax administrative provisions to the
admission & entertainment tax, commercial parking tax, gambling activities tax, and utility tax.
6
INFORMATIONAL MEMO
Page 3
Where similar provisions currently exist within the various tax chapters in Title 3 TMC, staff is
recommending that these be repealed to avoid ambiguity, as they will be covered in chapter
3.27 TMC, Administrative Provisions. This will provide for the following consistency across most
tax types:
• Establish a uniform lookback period for tax assessments and refunds.
• Establish uniform penalty and interest rates for delinquent taxes (and tax refunds). This
includes uniform provisions by which late return penalties may be waived by the City.
• Establish uniform rules regarding successorship, and tax liability of a successor.
• Establish a uniform policy regarding required record -keeping of persons engaging in
business in the City, including the requirement to furnish any records or information
requested by the City to verify a tax liability, and related enforcement provisions.
• Establish a uniform administrative appeal procedure, and the right to judicial review if the
City or the taxpayer disagree with the decision of the hearing examiner.
• Grant the Finance Director the authority to adopt, publish, and enforce tax rules and
regulations, which helps to ensure transparency and reduce tax reporting errors.
• Grant the Finance Director the authority to enter into agreements with other Washington
cities that impose similar taxes. This helps to ensure that taxpayers are not taxed twice on
the same amount in multiple cities and allows for joint audits to ensure that tax is being
applied consistently between cities.
• Specify that the taxes are in addition to other city -imposed taxes and license fees, as
applicable.
• Maintain confidentiality of tax information. This ensures that tax information, such as tax
returns, correspondence, and records obtained in an audit is not subject to public disclosure.
The City is still permitted to share basic information, such as a business's name, address,
and open/closed status, and to publish general statistics.
• Specify that it is unlawful to fail to comply with the requirements of the taxes levied in Title 3
TMC, and a violation constitutes a gross misdemeanor. This provision is intended to prevent
tax evasion, misrepresentation, and continuing to operate with a revoked business license
and/or delinquent back taxes owing.
• Specify that the Director has authority to revoke a business license for failure to comply with
the tax provisions in Title 3 TMC, according to the suspension and revocation procedures
set forth in Chapter 5.04 TMC.
• Grant the Finance Director authority to enter into a closing agreement with a taxpayer, to
avoid litigation in cases in which the outcome is largely uncertain.
• Grant the Finance Director authority to charge off uncollectible amounts due based on
established criteria.
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INFORMATIONAL MEMO
Page 4
Additional Provisions
In addition to the changes noted above, staff are recommending that the following provisions be
added to or removed from the City's tax codes, to align with neighboring cities:
• Provide that unpaid gambling tax and associated penalties and interest become a lien upon
personal and real property used in the gambling activity in the same manner as provided for
under RCW 84.60.010.
• Remove the requirement for persons to submit a copy of the business license application
filed with the Washington State Gambling Commission prior to engaging in gambling
activities. Chapter 3.08 already provides that persons must furnish a copy of the license
issued by the State Gambling Commission prior to engaging in business within the City.
• Provide that commercial parking tax is held in trust by the business responsible for collecting
and remitting the tax, and the amount of tax must be disclosed to the person paying the tax.
• Provide a specific method by which gross income from cellular telephone service is
allocated to the City. While an equivalent result would likely apply absent this addition, it
provides clarity for businesses and is a common provision found among neighboring cities.
• Repeal the financial hardship appeal provision from the B&O tax administrative provisions.
This code section was added at the time the B&O tax was adopted in 2022. It deviated from
the model ordinance and, upon further review by the City Attorney's Office, it has been
determined that such a provision would be difficult for the Finance Director to effectively and
consistently administer.
FINANCIAL IMPACT
The code changes will not have a significant financial impact on tax revenues. Although B&O
tax exemptions are being added for water utilities and solid waste collection businesses, these
businesses previously have been presumed to be exempt from B&O tax on account of the
model ordinance. The financial impact of the changes to penalties and interest for admission,
gambling, parking, and utility tax cannot be determined based on the information available.
RECOMMENDATION
Review and respond to the proposed redlined code changes. The Council is being asked to
consider this item at the June 10, 2024 Committee of the Whole meeting and adopt the
ordinance at the subsequent June 17, 2024 Regular Meeting.
ATTACHMENTS
A. Draft Ordinance
8
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; AMENDING AND REPEALING
VARIOUS ORDINANCES AS CODIFIED IN VARIOUS SECTIONS
OF TUKWILA MUNICIPAL CODE (TMC) CHAPTERS 3.08,
"GAMBLING ACTIVITIES TAX," 3.20, "ADMISSIONS AND
ENTERTAINMENT TAX," 3.27, "BUSINESS AND OCCUPATION
ADMINISTRATIVE PROVISIONS," 3.48, "COMMERCIAL
PARKING TAX," 3.50, "UTILITY TAX," AND 3.51, "SOLID
WASTE UTILITY TAX"; RETITLING TMC CHAPTERS 3.20 AND
3.27; ESTABLISHING AND APPLYING ADMINISTRATIVE AND
OTHER PROVISIONS UNIFORMLY AMONG THE VARIOUS
BUSINESS TAXES; CLARIFYING THE ACTIVITIES SUBJECT TO
ADMISSION TAX, BUSINESS AND OCCUPATION TAX,
PARKING TAX, AND UTILITY TAX; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on November 28, 2022, the City Council adopted Ordinance No. 2689
establishing a business and occupation (B&O) tax on business activities within the City;
and
WHEREAS, on December 4, 2023, the City Council adopted Ordinance No. 2727,
establishing additional administrative provisions that aid the City in administering and
enforcing the B&O tax; and
WHEREAS, the City imposes other business taxes, including a tax on gambling
activities, admission and entertainment activities, commercial parking, and utilities, for
which applying the same administrative provisions would serve to meet the City's own
objectives and equitably and consistently administer these taxes; and
WHEREAS, the City seeks to exempt all public utility activities that are subject to a
utility tax or a franchise fee within the City from the B&O tax levied in Tukwila Municipal
Code (TMC) Chapter 3.26, "Business and Occupation Tax," thereby establishing
uniformity with other Washington cities; and
2024 Legislation: Clarify City Taxes
Version: 03/27/2024
Staff: A. Schierenbeck
Page 1 of 27
9
WHEREAS, the City seeks to clarify the activities to which the admission and
entertainment tax, commercial parking tax, and telephone utility tax applies within TMC
Chapters 3.20, 3.48, and 3.50, respectively; and
WHEREAS, the City seeks to develop consistency among the various tax provisions
in TMC Title 3, "Revenue and Finance," to enhance clarity and consistency of the tax
requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. A new TMC Section 3.08.015 is hereby
established to read as follows:
3.08.015 General Administrative Provisions Apply
The administrative provisions contained in TMC Chapter 3.27 shall be fully applicable
to the provisions of this chapter, except as expressly stated to the contrary herein. The
administration and collection of tax imposed by this chapter shall be by the Finance
Director and in strict compliance with the rules and regulations, as may be adopted or
amended by the Washington State Gambling Commission from time to time.
Section 2. TMC Section 3.08.020 Amended. Ordinance No. 1809 §1 (part), as
codified at TMC Section 3.08.020, "License Required — Nuisance Designated," is hereby
amended to read as follows:
3.08.020 Filing Declaration of IntentL-ice se -Reed - Nuisance Designated
For the purpose of identifying who shall be subject to the tax imposed by this chapter,
any person, association, or organization intending to conduct or operate any gambling
activity as authorized by chapter 9.46 RCW, as now existing and hereafter amended,
shall, prior to commencement of any such activity, file with the Finance Director a sworn
declaration of intent to conduct or operate such activity, together with a true and correct
copy of the license issued by the Washington State Gambling Commission in accordance
with chapter 9.46 RCW. No gambling activit„ of an., kind or nat ire shall be permitted
without a valid, subsisting license issued by the Washington State Gambling Commission
activity without such liccnsc shall be guilty of a misdemeanor. The conducting of any such
required under State laws is a common nuisance and shall be subject to abatement by
injunction or as otherwise provided by low
Section 3. Regulations Established. A new TMC Section 3.08.025 is hereby
established to read as follows:
3.08.020 Definitiol1s
The definitions contained in TMC Chapter 3.27 shall have full force and application
with respect to taxes imposed under the provisions of this chapter, except as expressly
stated to the contrary herein or defined otherwise in chapter 9.46 RCW.
2024 Legislation: Clarify City Taxes
Version: 03/27/2024
Staff: A. Schierenbeck Page 2 of 27
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For purposes of this chapter, "social card game business" means any premises or
facility open to the public and engaged in the business of operating a social card room for
a period of 30 days. For purposes of this section, the 30 days are not required to be
consecutive days. After 30 days of operation, the tax rate provided in TMC Section
3.08.030(4) applies and that rate shall be paid thereafter beginning with the following
calendar quarter.
Section 4. TMC Section 3.08.030 Amended. Ordinance Nos. 1809 §1 (part), 2349
§2, and 2590 §1 (part), as codified at TMC Section 3.08.030, "Tax Rates," is hereby
amended to read as follows:
3.08.030 Tax Levied -Rates
A. Pursuant to RCW 9.46.110, as it exists or may hereafter be amended and RCW
9-46,1r20, as-armeernded-f the Laws of Washingto effect v 2-7,-1-99 r, there is levied
upon all persons, associations and organizations operating with the City who have been
duly licensed by the Washington State Gambling Commission, as authorized by law, the
following tax:
1. For Bingo games and raffles: To conduct or operate any bingo games and
raffles, a tax rate of five percent (5%) of the gross receipts revenue received therefrom,
less the actual amount awarded paid by such person, association or organization for or
as cash or merchandise prizes.
2. For Amusement game: To conduct any amusement games, a tax rate of two
percent (2%) of the gross receiptsrevenue received therefrom, less the actual amount
awarded paid by si uch person association or organization for or as prizes.
3. Punchboards or pulltabs: For the conduct or operation of any punchboards
or pulltabs, a tax rate of five percent (5%) of the gross receipts from such activities for
commercial stimulant operators (taverns, restaurants, etc.); and a tax rate of ten percent
L10%) on the gross receipts, less the amount awardedpaid out as prizes for charitable or
nonprofit organizations.
4. Social card games: a. For the conduct or operation of any premises or facility
used to play social card games business, a tax rate of eleven percent 11 % percent of
the gross receipts received therefrom; provided that when the number of card rooms in
the City exceeds five, the tax rate shall increase to fifteen percent (15%) percent of the
gross receipts received therefrom. Additionally, when the number of card rooms exceeds
six, the tax rate shall increase to twenty percent (20%) of the gross receipts received
therefrom. b. For purposes of this provision, an operating business is defined as: a
business open to the public and engaged in the business of operating a social card room
the Finance Director or his or her designee, shall notify the social card rooms of the
starting the financial quarter after notification
B. Non Profit Organizations.
2024 Legislation: Clarify City Taxes
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Staff: A. Schierenbeck Page 3 of 27
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1. No tax shall be imposed under the authority of TMC Chapter 3.08 on bingo
charitable or nonprofit organization as defined in RCW 9.46.0209, which organization has
2. The Finance Dircctor may waive the tax due ach quarter from a bona fide
charitable or nonprofit organization as defined in RCW 9.46.0209. This waiver may occur
0
pursuant to TMC Section 3.08.030, will be donated to charitable nonprofit organizations
serving the City whose purpose is to provide programs or facilities for meeting the basic
health, education, welfare, or other needs of the residents of the City. Failure to donate
future tax payments.
Section 5. Regulations Established. A new TMC Section 3.08.035 is hereby
established to read as follows:
3.08.035 Exemptions — Nonprofit Organizations
A. No tax shall be imposed under the authority of TMC Chapter 3.08 on bingo or
raffles when such activities or any combination thereof are conducted by any bona fide
charitable or nonprofit organization as defined in RCW 9.46.0209 which organization has
no paid or management personnel, and has gross income from bingo and raffles, or any
combination thereof, not exceeding $5,000 per year, less the amount awarded for, or as
prizes.
B. The Director may waive the tax due each quarter from a bona fide charitable or
nonprofit organization as defined in RCW 9.46.0209 if the charitable or nonprofit
organization demonstrates by clear and convincing documentation that an amount equal
to at least 70 percent of the tax due the City, as computed pursuant to TMC Section
3.08.030, will be donated to charitable nonprofit organizations serving the City whose
purpose is to provide programs or facilities for meeting the basic health, education,
welfare, or other needs of the residents of the City. Failure to donate at least 70 percent
of the tax due the City will result in revocation of the waiver and the disqualification of the
bona fide charitable or nonprofit organization to receive a waiver for future tax navments_
Section 6. TMC Section 3.08.050 Amended. Ordinance No. 1809 §1 (part), as
codified at TMC Section 3.08.050, "Administration and Collection of Tax," is hereby
amended to read as follows:
3.08.050 Administration and Collection of Tax Payment — Activity Report
A. The tax imposed by this chapter shall be due and payable in quarterly
installments, and remittance therefor, together with the return forms as prescribed by the
Director, shall be made on or before the last day of the month following the quarterly
period in which tax is accrued.
2024 Legislation: Clarify City Taxes
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Staff: A. Schierenbeck
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Page 4 of 27
B. Every holder of a license issued by the Washington State Gambling Commission
who conducts any taxable gambling activities within the City shall provide to the City a
true copy of each periodic activity report, license report, or amendments thereto required
to be filed with the State Gambling Commission pursuant to Chapter 230-05 WAC. Such
information shall be provided to the City no later than the date of filing required by the
State Gambling Commission.The administration and collection of tax imposed by this
chapter shall be by the Finance Director and in strict pursuance of the rules and
regulations as may be adopted by the Washington State Gambling Commission from time
be reasonably necessary to enable the collection of the tax imposed hereby.
Section 7. Repealer. Ordinance No. 1809 §1 (part), as codified at TMC Section
3.08.060, "Declaration and Statements Required to be Filed," is hereby repealed, thereby
eliminating this section:
3.08.060 Declaration and Statements Required to be Filed
A. For the purpose of properly identifying the person, association and organization
laws, or as the same may be amended hereafter, shall, prior to commencement of any
operate such activity, together with a true and correct copy of the license issued by the
temporary license.
B. Thereafter, for any period covered by such State license or any renewal or
of the month following the end of the quarterly period in which the tax accrued, file with
and prescribed by the Finance Director for the purpose of ascertaining the tax due for the
preceding quarterly period.
C. In addition, any such person, association or organization shall file with the
financial reports, daily control sheets, daily time sheets, records of attendance, or any
other information required to be filed by it to the State of Washington Gambling
Commission.
D. The Chief of the Police Department may establish such further and additional
City regarding the cond ant of said activities
Section 8. Repealer. Ordinance No. 1809 §1 (part), as codified at TMC Section
3.08.070, "Filing of Application with Finance Director," is hereby repealed, thereby
eliminating this section:
2024 Legislation: Clarify City Taxes
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Staff: A. Schierenbeck
Page 5 of 27
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08 mn Filing of Application with Finance Director
Each perso asso firm nr orga ati censed hca--by crhe Washington State
amendments thereof. Such copy shall be submittcd at or prior to the filing of the first tax
return due under this chapter.
Section 9. Repealer. Ordinance Nos. 1809 §1 (part), 2323 §3, and 2349 §3, as
codified at TMC Section 3.08.080, "Payment of Tax — Penalty for Late Payments," is hereby
repealed, thereby eliminating this section:
3.08.080 Payment of Tax Penalty for Late Payments
A. The tax imposed by this chapter shall be due and payable in quarterly
B. If a person subject to this tax fail to pay an„ tax required by this chapter within
0
the tax per month for each month overdue, which shall be added to the amount of the tax
due.
Section 10. TMC Section 3.08.090 Amended. Ordinance No. 1809 §1 (part), as
codified at TMC Section 3.08.090, "Unlawful Acts Designated — Liability," is hereby amended
to read as follows:
3.08.090 Unlawful Acts Designated — Liability — Tax Constitutes Debt
A. Any person, association or organization that shall fail, neglect or refuse to pay
the tax required by this chapter, or that shall willfully disobey any rule or regulation
promulgated by the Finance Director under this chapter, shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by imprisonment in the City jail for not more
than 90 days or by a fine of not more than $51,000.00 or both. Any such fine shall be in
addition to any tax,_ and penalties, and interest required.
B. All officers, directors and managers of any organization or association
conducting gambling activities shall be jointly and severally liable for the payment of said
tax, penalties, and interest for the payment of any fine imposed under this chapter.
C. Any tax due and unpaid under this chapter and all penalties and/or interest shall
constitute a debt to the City. The City may use a collection agency to collect outstanding
debts, or it may seek collection by court proceedings, which remedies shall be in addition
to all other existing remedies. Furthermore, pursuant to RCW 9.46.110(4), taxes imposed
under this chapter and associated penalties and/or interest become a lien upon personal
and real property used in the gambling activity in the same manner as provided for under
RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate
back and have priority against real and personal property to the same extent as ad
valorem taxes.
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Section 11. Repealer. Ordinance No. 1809 §1 (part), as codified at TMC Section
3.08.100, "Finance Director — Powers and Duties," is hereby repealed, thereby eliminating
this section:
3.08.100 Finance Director Powers and Duties
such rules and regulations not inconsistent with this chapter as may be necessary to
agencies for the collection of the tax imposed on gambling activities conducted within the
Section 12. TMC Section 3.08.110 Amended. Ordinance No. 1809 §1 (part), as
codified at TMC Section 3.08.110, "Enforcement Authority — Access to Financial Records,"
is hereby amended to read as follows:
3.08.110 Enforcement Authority — Access to Financial Records
A. The Mayor, Finance Director, and Chief of Police shall have the power to enter
into contracts with other municipalities and/or State agencies for the enforcement of
applicable State laws, rules and regulations and City ordinances relating to all gambling
activities.
B. It shall be the responsibility of each person, association, or organization any
owner,d-i-rector nd manager of an„ organizatTr-conducting any gambling activity as
licensed by the Washington State Gambling Commission and taxed under the provisions
of this chapter, to maintain and provide access at all reasonable times to all books,
records, and information required financial records, including bank deposits, invoices,
may require in order to determine full compliance with this chapter and all rules and
regulations adopted or hereafter adopted by the State of Washington Gambling
Commission. Such records shall be kept and maintained for a period of not less than five
years. In addition, all information and items required by the Washington State Gambling
Commission, and the United States Internal Revenue Service respecting taxation, shall
be kept and retained for the periods required by those agencies.
C. The Director and Chief of the Police Department may establish such further and
additional reporting requirements of any person, association or organization authorized
to conduct gambling activities in the City which are reasonably intended to provide
information to the City regarding the conduct of said activities.
Section 13. TMC Section 3.08.130 Amended. Ordinance No. 1809 §1 (part), as
codified at TMC Section 3.08.130, "List of Licenses to be Kept," is hereby amended to read
as follows:
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3.08.130 List of Licensees to be Kept
It shall further be the responsibility of the Finance Director to keep on file a complete
and up-to-date list of the licensees issued authorized by the Washington State Gambling
Commission who operate within the City, as the same is made available at said office,
which information shall include the name, address, type of license and license number of
each such licensee. Nothing in this provision shall require the City to seek or obtain
licenses from the Gambling Commission.
Section 14. Chapter Title. Ordinance No. 1733, as codified at TMC Chapter 3.20,
"Admissions and Entertainment Tax," is hereby amended to retitle the chapter as follows:
CHAPTER 3.20
ADMISSIONS AND -ENTERTAINMENT —TAX
Sections:
3.20.005 General Administrative Provisions Apply
3.20.010 Admission Charge Definitions
3.20.020 Admissions Tax Levied — Measure of Tax
3.20.025 Exemptions
3.20.030 Determination of Amount
3.20.035 Tax Payment and Collection
3.20.040 Collection Remittance to Finance Director
3.20.050 Application and Reporting
3.20.060 Violations
Section 15. Regulations Established. A new TMC Section 3.20.005 is hereby
established to read as follows:
3.20.005 General Administrative Provisions Apply
The administrative provisions contained in TMC Chapter 3.27 shall be fully applicable
to the provisions of this chapter, except as expressly stated to the contrary herein.
Section 16. TMC Section 3.20.010 Amended. Ordinance Nos. 1733 §1 and 2080
§1, as codified at TMC Section 3.20.010, "Admission Charge — Definitions," is hereby
amended to read as follows:
3.20.010 Admission Charge — Definitions
A. "Admission charge," in addition to its usual and ordinary meaning, means a
monetary charge for entering a premise or location, shall includinge but not -be limited to,
the following:
1. A charge made for season tickets or subscriptions;
2. A cover charge or a charge made for use of seats or tables, reserved or
otherwise, and similar accommodations.
2. A charge made for rental or use of equipment or facilities for purposes of
entertainment recreation or amusement and, where the rental of the equipment or
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facilities is necessary to the enjoyment of the privilege for which general admission is
charged, the combined charge shall be considered as the admission charge.
43. A charge made for entertainment acti„ities or admission to any theater,
dance hall, cabaret, tavernadult cntcrtainment cabaret, private club, auditorium, stadium,
athletic pavilion or field, circus, side show, outdoor amusement park or any similar place;
and includes equipment to which persons are admitted for purposes of cntcrtainment
recreation including, but not limited to, such -as -merry-go-rounds, Fferris wheels, dodge
'ems, roller coasters, go-carts and other rides, whether such rides are restricted to tracks
or not.
5. A charge made for entrance to any building, enclosure or area in which there
is a golf driving range, miniature golf course, short nine, or other golf course, or to gain
entrance to such course itself, or for the use of the facilities thereof, or any rental paid by
the person paying for such entry for the use of equipment and facilities supplied him and
appropriate to the enjoyment of the privilege for which the admission is charged, or the
aggregate thereof.
B. "Cabaret" shall have the same meaning as defined in TMC Section 5.08.010.
C. "Governmental entity" means any federal, state, or local government, or branch
thereof, also includes any public facility or any public facility, service, or utility district that
is exempt from federal income taxation pursuant to Section 501(c)(1) or (3) of the Internal
Revenue Code, as adopted or as amended.
D. "Nonprofit organization" means an organization that is exempt from federal
income tax under Section 501(c)(3), (4), or (6) of the Internal Revenue Code, as adopted
or amended, or is specifically exempted from the requirement to apply for tax exempt
status under Section 501(c)(3).
E. "Secondary school" or "elementary school" means any public or private primary
school, middle school, junior high school, high school, or any accredited collegejunior
college, university, or the recognized student body association thereof.
4. A sum or money referrcd to as "a donation" which must be paid before
entrance is allowed.
5. "Admission charge" does not include public school activities and other non
profit endeavors.
Section 17. TMC Section 3.20.020 Amended. Ordinance Nos. 1733 §2, 2080 §2,
and 2674 §1, as codified at TMC Section 3.20.020, "Admissions Tax Levied," is hereby
amended to read as follows:
3.20.020 Admissions Tax Levied— Measure of Tax
A. There is levied and shall be collected a tax from every person, without regard to
age, who pays an admission charge to any place within city limits. The amount of tax
charged on admission charges shall be equal to the admission charge multiplied by the
rate of five percent. There -is herby led a 5 tax „n admissions for entertainment
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repealed by the City Council.
B. fhe admission charge to any cabaret or private club conducting cabaret
activities, or any similar place of entertainment, is deemed to be the total amount charged
as an admission charge, and/or a charge made for the use of seats and tables reserved
or otherwise, and other similar accommodations. A participation cost or minimum
purchase of food and/or beverages in lieu of a cover charge is deemed a taxable
admission charge. The transfer of admissions tax from the Foster Golf Links Fund to the
General Fund shall be waived: Beginning in the 2019 2020 budget biennium, the City of
Tukwila's General Fund will forego collection of admissions tax from Foster Golf Course
revenues collected by the Foster Golf Course shall be allocated to the Foster Golf Link
Fund until legislative action is taken to reallocate such revenues to the General Fund.
C. When entertainment or admission to an event or activity accompanies the sale
of food and/or beverages, merchandise, lodging, or services, admission taxes are
measured by the total price of the combined transaction, unless the admission price for
the entertainment, amusement, rental, or use of equipment is printed separately on the
ticket, invitation, or other signage and reflects its true market value as an independent
element.
D. If the ticket price is accompanied by a service charge, mailing fee or other
ancillary payment, per ticket and/or per order, the admission tax shall be based upon the
total sum of the admission price plus any such surcharge(s), whether or not they are
printed on the ticket order.
Section 18. Regulations Established. A new TMC Section 3.20.025 is hereby
established to read as follows:
3.20.025 Exemptions
A. The admissions tax imposed in this chapter shall not apply to anyone paying an
admission charge as follows:
1. To an elementary school, secondary school, governmental entity, or
nonprofit organization. However, governmental activities operated in the manner of a
separate business enterprise shall not be exempt from this tax. By way of example and
not limitation, a business enterprise subject to the admissions tax imposed in this chapter
could include an event center or golf course, if operated as a business activity in a
separate fund; or
2. To actively participate in bowling or to rent bowling shoes or equipment.
3. Beginning in the 2019 - 2020 budget biennium, the City of Tukwila's General
Fund will forego collection of admissions tax from Foster Golf Course until legislative
action is taken to reinstate said collection and, further, admissions tax revenues collected
by the Foster Golf Course shall be allocated to the Foster Golf Link Fund until legislative
action is taken to reallocate such revenues to the General Fund.
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Section 19. Repealer. Ordinance No. 1733 §3, as codified at TMC Section 3.20.030,
"Determination of Amount," is hereby repealed, thereby eliminating this section:
2n non Determination of Amount
iTL-V � V��C�GT,,,,TTaRO�,-r��,-7-�,TTO p,-r�
A. Amount The tax here imposed shall be in the amount of 5% on each admi 'lion
or entertainment charge.
charge is deemed a taxable event.
C. Signs posted Whenever a charge is made for admission to any place, a sign
city admission tax is included in the admission charge.
Section 20. Regulations Established. A new TMC Section 3.20.035 is hereby
established to read as follows:
3.20.035 Tax Payment and Collection
A. The tax imposed by this chapter shall be due and payable in monthly
installments, and remittance therefor, together with the return forms as prescribed by the
Director, shall be made by the last day of the month following the end of the monthly
period in which tax is accrued.
B. The tax levied in this chapter shall be paid by the person paying the admission
charge and remitted by the person to whom the same is paid. The tax collected under this
chapter shall be deemed held in trust by the person required to collect the same until the
taxes are remitted to the Director under this section. Persons failing to collect the
admission tax, or who collects the tax but fails to remit it to the Director, shall be liable to
the City for the amount of such tax and associated penalties and/or interest due.
C. If the amount of admissions tax is not separately stated from the admission
charge on all instruments evidencing the admission charge, a sign shall be posted in a
conspicuous place on the entrance or ticket office stating that a City admissions tax of
five percent is included in the admission charge. Except when the requirements of this
subsection are satisfied, it shall be conclusively presumed that the admission charge does
not include the admission tax levied in this chapter.
D. Whenever any theater, circus, show, exhibition, entertainment or amusement
makes an admission charge which is subject to the tax herein levied, and the same is of
a temporary or transitory nature or there exists a reasonable question of financial
responsibility, of which the Director shall be the judge, the report and remittance of the
admissions tax may be required immediately upon the collection of the same, at the
conclusion of the performance or exhibition, or at the conclusion of the series of
performances or exhibitions.
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Section 21. Repealer. Ordinance No. 1733 §4, as codified at TMC Section 3.20.040,
"Collection — Remittance to Finance Director," is hereby repealed, thereby eliminating this
section:
3.20.040 Collection Remittance to Finance Director
A. The tapered hereunder shall be collected from the person paying the
remitted by the person collecting the tax to the Finance Director in monthly remittances
on or before the last day of the month succeeding the end of the monthly period in which
shall require.
such forms and setting forth such information --as th�ance Director reg„iro
amount of tax collected and payable.
If the r ,rn provided for herein is of made and transmitted and the tax is of
.��rzrrcT (�vr-r�-ra cr�ar�-s-�rrm�rcc r�vz
collected and remitted to the City by the last day of the month succeeding the end of the
month in which the tax was collected, the Finance Director shall add a penalty of 10% of
the tax per month or fraction thereof for ch month overdue, which shall be added to the
amount of the tax due, and remitted in the same manner.
D. Whenever any theater, circus, show, exhibition, entertainment or amusement
makes an admission charge which is subject to the tax herein levied, and the same is of
a temporary or transitory nature or there exists a reasonable question of financial
conclusion of the performance or exhibition, or at the conclusion of the series of
performances or exhibitions.
chapter shall keep and preserve for a period of five years all unused tickets, ticket
such tickets, books and records shall be open for examination and audit at all r sonablc
times by the Finance Director or his duly authorized agent.
Section 22. Repealer. Ordinance No. 1733 §5, as codified at TMC Section 3.20.050,
"Application and Reporting," is hereby repealed, thereby eliminating this section:
3.20.050 Application and Reporting
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B. The applicant for a certificate of registration shall furnish the Finance Director
with the application, with the name and address of the owner, lessee or the custodian of
the premises upon which the amusement is to be conducted; and such owner, lessee or
custodian shall be notified of the issuance of such certificate and of his joint liability for
collection and remittance of such tax.
—r„-T-11e 1 ncDiTec�r-s-hall have the power to adopt r ilec-and-Tga s not
J. ,
0
shall be on file and available for public examination in the City Clerk's office.
Section 23. TMC Section 3.26.090 Amended. Ordinance Nos. 2689 §12 and 2727
§2, as codified at TMC Section 3.26.090, "Exemptions," subparagraph A, is hereby
amended to read as follows:
3.26.090 Exemptions
A. Gross receipts taxed under other Tukwila Municipal Code sections. 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 TMC Chapter 3.08
(Gambling Activities Tax), TMC Chapter 3.50 (Utility Tax) or TMC Chapter 3.08 (Gambling
Activities Tax)3.51 (Solid Waste Utility Tax), or to public utility activities subject to a
franchise fee under a franchise agreement with the City.
Section 24. Chapter Title. Ordinance No. 2689, as codified at TMC Chapter 3.27,
"Business and Occupation Tax Administrative Provisions," is hereby amended to retitle the
chapter as follows:
CHAPTER 3.27
TAX ADMINISTRATIVE PROVISIONS
Sections:
3.27.010 Purpose
3.27.015 Application of Chapter Stated
3.27.020 Definitions
3.27.021 Definitions - References to Chapter 82.32 RCW
3.27.025 Registration/License Requirements
3.27.040 When Due and Payable - Reporting Periods - Monthly,
Quarterly, and Annual Returns -Threshold Provisions or Relief
from Filing Requirements - Computing Time Periods - Failure to
File Returns
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3.27.050 Payment Methods — Mailing Returns or Remittances — Time
Extension — Deposits — Recording Payments — Payment Must
Accompany Return — NSF Checks
3.27.060 Records to be Preserved — Examination — Estoppel to Question
Assessment
3.27.070 Accounting Methods
3.27.080 Public Work Contracts — Payment of Fee and Tax Before Final
Payment for Work
3.27.090 Underpayment of Tax, Interest, or Penalty — Interest
3.27.095 Time in Which Assessment May Be Made
3.27.100 Over Payment of Tax, Penalty, or Interest — Credit or Refund —
Interest Rate — Statute of Limitations
3.27.110 Late Payment — Disregard of Written Instructions — Evasion —
Penalties
3.27.120 Cancellation of Penalties
3.27.130 Taxpayer Quitting Business — Liability of Successor
3.27.140 Administrative Appeal
3.27.145 Judicial Review of Administrative Appeal Decision
3.27.150 Hardship Appeal Procedure
3.27.160 Stakeholder Involvement
3.27.170 Review and Reporting Provisions
3.27.180 Director to Make Rules
3.27.190 Ancillary Allocation Authority of Director
3.27.200 Mailing of Notices
3.27.210 Tax Declared Additional
3.27.220 Public Disclosure — Confidentiality — Information Sharing
3.27.230 Tax Constitutes Debt
3.27.240 Unlawful Actions — Violations — Penalties
3.27.245 Suspension or Revocation of Business License
3.27.250 Closing Agreement Provisions
3.27.255 Charge -Off of Uncollectible Taxes
3.27.260 Severability
Section 25. TMC Section 3.27.010 Amended. Ordinance No. 2689 §17, as codified
at TMC Section 3.27.010, "Purpose," is hereby amended to read as follows:
3.27.010 Purpose
The purpose of this Chapter is to provide for the administrative guidelines and
provisions to administer and enforce the City's tax codes.procedurcs for the Busines&
prescribing penalties for noncompliance with the provisions of this chapter.
Section 26. TMC Section 3.27.015 Amended. Ordinance No. 2689 §18, as codified
at TMC Section 3.27.015, "Application of Chapter Stated," is hereby amended to read as
follows:
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3.27.015 Application of Chapter Stated
The provisions of this Chapter shall apply with respect to the taxes imposed under
TMC Chapter 3.08 (Gambling Activities Tax), TMC Chapter 3.20 (Admissions Tax), TMC
Chapter 3.26 (Business and Occupation Tax), TMC Chapter 3.48 (Commercial Parking
Tax), TMC Chapter 3.50 (Utility Tax), and TMC Chapter 3.51 (Solid Waste Utility Tax),
and under other titles, chapters, and sections in such manner and to such extent as
indicated in each such title, chapter or section.
Section 27. Repealer. Ordinance No. 2689 §34, as codified at TMC Section 3.27.150,
"Hardship Appeal Procedure," is hereby repealed, thereby eliminating this section:
3.27.150 Hardship Appeal Procedure
The Director shall develop a financial hardship appeal procedure by January 1, 2024.
Section 28. TMC Section 3.27.245 Amended. Ordinance No. 2727 §14, as codified
at TMC Section 3.27.245, "Suspension or Revocation of Business License," is hereby
amended to read as follows:
3.27.245 Suspension or revocation of business license
The Director shall have the power and authority to suspend or revoke any license
issued under the provisions of TMC 5.04 if the licensee has failed to comply with the
provisions of any tax imposea ay any or me chapters within this title ana administered by
this chapter. and Chapter TMC 3.26 (business and occupation tax). Such suspension or
revocation shall follow the same procedure as provided in TMC Chapter 5.04.110 and
TMC 5.04.112.
Section 29. Regulations Established. A new TMC Section 3.48.005 is hereby
established to read as follows:
3.48.005 General Administrative Provisions Apply
The administrative provisions contained in TMC Chapter 3.27 shall be fully applicable
to the provisions of this chapter, except as expressly stated to the contrary herein.
Section 30. TMC Section 3.48.010 Amended. Ordinance No. 2586 §3, as codified
at TMC Section 3.48.010, "Definitions," is hereby amended to read as follows:
3.48.010 Definitions
The following definitions shall apply throughout this chapter:
1. "Commercial parking business" means the ownership, lease, operation or
management of a commercial parking lot in which fees are charged for Lhe act or privilege
parking motor vehicles.
2. "Commercial parking lot' means a covered or uncovered area with stalls for the
purpose of parking motor vehicles.
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3. "Commercial parking" means any transaction or arrangement whereby a vehicle
is parked and a fee is charged for parking or allowed the vehicle to be parked, irrespective
of the length of time the vehicle is parked. Commercial parking shall include instances
where a fee is charged specifically for the parking of a vehicle. This shall include any
business which uses part or all of its area to park vehicles for a fee where no other service,
lodging or business is bcing provided or conductcd in conjunction with the parking of the
vehicle. This shall include instances where a vehicle is parked or allowed to be parked,
and a separate fee is charged in connection with other services. Commercial parking shall
also include instances such as:
A. When a guest of a hotel, motel or other lodging establishment is allowed to
park or leave his/her vehicle before or after his or her lodging or business stay there so
that, for a fee, the guest's vehicle is parked at the hotel, motel or other lodging
establishment during days when the guest is no longer staying there. Commercial parking
shall also include instances such a&
B. When a guest or visitor of a hotel, motel or other lodging establishment is
allowed to park or leave his/her vehicle before, during, or after his or her lodging or
business stay there so that, for a fee, the guest's vehicle is parked at the hotel, motel or
other lodging establishment during da„s when the guest is no longer staying there.
C. Where a vehicle is parked or allowed to be parked, and where a fee would
be charged for the parking unless validated by a business because a customer makes a
purchase or otherwise transacts business for which a fee is paid.
4. "Parking tax" means the commercial parking tax imposed by this chapter.
Section 31. TMC Section 3.48.020 Amended. Ordinance No. 2586 §4, as codified
at TMC Section 3.48.020, "Exemptions," is hereby amended to read as follows:
3.48.020 Exemptions
The following exemptions to the commercial parking tax arc allowedapply:
1. Local employee parking, with parking spaces provided or reserved for use
by an employee who works within the City, where the employee parks his or her vehicle
in connection with his or her employment, without regard to whether arrangements or
payment for the parking is made by the employee or by his or her employer.
2. Apartments and condominiums, where parking is provided in conjunction
with arrangements for residential living spaces.
3. Offices, retail establishments, warehouses and industrial buildings,
where parking is provided in association with tenant arrangements for the use of such
facilities.
4. The tax shall not be levied on vehicles with official state disabled person
decals, government vehicles that are exempt from tax, and tax-exempt carpool vehicles.
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Section 32. TMC Section 3.48.030 Amended. Ordinance No. 2586 §5, as codified
at TMC Section 3.48.030, "Local Option Transportation Tax Imposed," is hereby amended
to read as follows:
3.48.030 Local Option Transportation Tax Imposed
Pursuant to RCW 82.80.030, Tthere is hereby levied a special local option
transportation tax to be imposed on every person a tax for the act or privilege of parking
a motor vehicle in a commercial parking lot within the City that is operated by a
commercial parking business. The amount of parking tax shall be equal to the commercial
parking fee multiplied by the parking tax ratein connection with commercial parking
businesses within the City.
1. For commercial parking businesses operated by nonprofit organizations on City -
owned property, the parking tax shall be imposed at the rate of 5five percent.% of the
2. For all other commercial parking businesses, the parking tax rate isshall be
imposed at the rate of five percent. Effective January 1, 2019, the parking tax rate is
imposed at eight percent. Effective January 1, 2020, the parking tax rate is imposed at 11
percent. Effective January 1, 2021, the parking tax rate is imposed at 15 percent. 8% of
the gross revenues generated by non exempt commercial parking charges and fees
effective January 1, 2019, and then as follows:
January 1, 2020: 11% of the gross revenues generated by non exempt
commercial parking charges and fees
January 1, 2021: 15% of the groc's revenues generated by non exempt
commercial parking charges and fees
Section 33. Repealer. Ordinance No. 2586 §6, as codified at TMC Section 3.48.040,
"Tax in Addition to Other License Fees or Taxes," is hereby repealed, thereby eliminating
this section:
3.48.040-max i di ion o Other License Fpes er Taxes
The tax levied under this chapter shall be in addition to any license fee or tax imposed
or other governmental entity or political subdivision.
Section 34. Repealer. Ordinance No. 2586 §7, as codified at TMC Section 3.48.050,
"Exempt Vehicles," is hereby repealed, thereby eliminating this section:
3.48.050 Exempt Vehicles
government vehicles which are exempt from tax, and tax exempt carpool vehicles.
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Section 35. TMC Section 3.48.060 Amended. Ordinance No. 2586 §8, as codified
at TMC Section 3.48.060, "Taxes Collected by Business Operators," is hereby amended to
read as follows:
3.48.060 Tax Payment and Collectioneel by Business Operators
A. the taxes imposed by this chapterherein shall be collected by the operators of
the commercial parking businesses, and shall be due and payable to the City in monthly
installments, and remittance therefor, together with return forms as prescribed by the
Director,. The operators of the commercial parking businesses shall remit to the City the
local option transportation taxes collected shall be made on or before the last day of the
month following the end of the monthy period during which the taxes were collected. The
businesses which are taxable by this tax, at least quarterly each year.
B. The tax levied in this chapter shall be paid by the person paying the commercial
parking charge and remitted by the person to whom the same is paid. The tax collected
under this chapter shall be deemed held in trust by the person required to collect the
same until the taxes are remitted to the Director under this section. Persons failing to
collect the parking tax, or who collects the tax but fails to remit it to the Director, shall be
liable to the City for the amount of such tax and associated penalties and/or interest due.
C. If the amount of parking tax is not separately stated from the commercial parking
fee on all instruments evidencing the parking fee, a sign shall be posted in a conspicuous
place on the entrance or where parking fees are advertised stating that a City parking tax
of five percent is included in the parking fee. Except when the requirements of this
subsection are satisfied, it shall be conclusively presumed that the commercial parking
fee does not include the parking tax levied in this chapter.
Section 36. Regulations Repealed. Ordinance No. 2586 §9, as codified at TMC
Section 3.48.070, "Late Penalty," is hereby repealed, thereby eliminating this section:
3.48.070 Late Penalty
penalty of 10% of the tax per month for ach month overdue, which shall be added to the
amount of the tax due.
Section 37. Repealer. Ordinance No. 2586 §13, as codified at TMC Section 3.48.110,
Appeal Procedures," is hereby repealed, thereby eliminating this section:
3.48.110 App al Procedure
City pursuant to this chapter may appeal to the Finance Director or his/her designee from
calendar days from the date on which such person was given notice of the tax. The notice
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amount of the tax was incorrect. The Finance Director or designee shall review the basis
may sustain or modify the amount of tax owed. Notice of the administrative decision shall
be sent to the appellant by certified mail within 10 days of issuance.
with the fee schedule adopted by resolution of the City Council.
hearing on the appeal before the City's H ring Examiner. The hearing shall be
certified mail at least five days prior to the date of the hearing.
D. The hearing shall be governed by the City of Tukwila H ring Examiner's
procedural rules. The hearing shall be de novo. The decision of the City's Hearing
body may affirm, reverse or modify the Finance Director's decision.
E. Within 20 business days, excluding holidays recognized by the City of Tukwila,
from the date of the hearing on an appeal under this section, the Hearing Examiner shall
issue a written decision which shall set forth the reasons therefor.
Section 38. Regulations Established. A new TMC Section 3.50.015 is hereby
established to read as follows:
3.50.015 General Administrative Provisions Apply
The administrative provisions contained in TMC Chapter 3.27 shall be fully applicable
to the provisions of this chapter except as expressly stated to the contrary herein.
Section 39. TMC Section 3.50.030 Amended. Ordinance No. 1998 §3, as codified
at TMC Section 3.50.030, "Definitions," is hereby amended to read as follows:
3.50.030 Definitions
The definitions contained in chapter 3.27 TMC shall have full force and application
with respect to taxes imposed under the provisions of this chapter except as expressly
stated to the contrary herein.
As used in this chapter, unless the context or subject matter clearly requires
otherwise, the words or phrases defined in this section shall have the indicated meanings.
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1. "Cable television services" means the transmission of video programming and
associated non -video signals to subscribers together with subscriber interaction, if any,
which is provided in connection with video programming.
2. "Cellular telephone service" means any two-way voice and data telephone or
similar communications system based in whole or in substantial part on wireless radio
communications, including cellular mobile service, and which is not subject to regulation
by the Washington State Utilities and Transportation Commission. Cellular mobile service
includes other wireless radio communications services including specialized mobile radio,
personal communications services, and any other evolving wireless radio
communications technology that accomplishes a purpose substantially similar to cellular
mobile service. Cellular telephone service is included within the definition of "telephone
business" for the purposes of this chapter.
3. "Competitive telephone service" means the providing by any person of
telecommunications equipment or apparatus, directory advertising and lease of telephone
street directories, or service related to that equipment or apparatus such as repair or
maintenance service, if the equipment or apparatus is of a type which may be provided
by persons not subject to regulation as telephone companies under Title 80 RCW, and
for which a separate charge is made. Transmission of communication through cellular
telephones is classified as "telephone business" rather than "competitive telephone
service."
4. "Finance Director" means the Finance Director of the City of Tukwila,
Washington, or his or her designee.
54. "Gross income" means the value proceeding or accruing from the performance
of the particular business involved, including gross proceeds of sales, compensation for
the rendition of services, and receipts (including all sums earned or charged, whether
received or not) by reason of investment in the business engaged in (excluding rentals,
receipts or proceeds from the use or sale of real property or any interest therein, and
proceeds from the sale of notes, bonds, mortgages or other evidences of indebtedness,
or stocks and the like), all without any deduction on account of the cost of property sold,
the cost of materials used, labor costs, taxes, interest or discount paid, delivery costs or
any expenses whatsoever, and without any deduction on account of losses.
65. "Pager service" means service provided by means of an electronic device which
has the ability to send or receive voice or digital messages transmitted through the local
telephone network, via satellite or any other form of voice or data transmission. "Pager
service" is included within the definition of "telephone business" for the purposes of this
chapter.
7. °"Person" moans any person e firm epcororation association or entity of ant y ype
e e
engaged in a business subject to taxation under this chapter.
86. Telephone business" means the electronic transmission, conveyance, or
routing of voice, data, audio, video, or any other information or signals to a point, or
between or among points. It includes such transmission, conveyance, or routing in which
computer processing applications are used to act on the form, code, or protocol of the
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content for purposes of transmission, conveyance, or routing without regard to whether
such service is referred to as voice over internet protocol services or is classified by the
Federal Communications Commission as enhanced or value added. Telephone
business also includes ancillary services that are associated with or incidental to the
provision of telecommunication services including, but not limited to, conference
bridging, detailed telecommunications billing, directory assistance, vertical service, or
voice mail services as defined in RCW 82.04.065. "Telephone business" means also
includes the business of providing by any person of access to a local telephone network,
local telephone network switching service, toll service, or coin telephone services, or
providing telephonic, video, data, pager or similar communication or transmission for hire,
via a local telephone network, toll line or channel, cable, microwave, or similar
communication or transmission system. The term includes cooperative or farmer line
telephone companies or associations operating an exchange. The term also includes the
provision of transmission to and from the site of an internet provider via a local telephone
network, toll line or channel, cable, microwave, or similar communication or transmission
system. "Telephone business" does not include the providing of competitive telephone
service,—ar data processing, cable television service, or other providing of broadcast
services by radio or television stations.
Section 40. TMC Section 3.50.040 Amended. Ordinance No. 1998 §4, as codified
at TMC Section 3.50.040, "Occupations Subject to Tax — Amount," is hereby amended to
read as follows:
3.50.040 Occupations Subject to Tax - Amount
There is levied upon, and shall be collected from a every person because of engaged
in certain business activities cngagcd in or carried on within the City of Tukwila, taxes in
the amount to be determined by the application of rates given against gross income as
follows:
1. Upon a person engaged in or carrying on the business of selling, furnishing, or
transmitting electric energy, a tax equal to 6 percent/l% for the calendar years 2003 and
0 0
beyond, of the total gross income from such business in the City during the period for
which the tax is due;
2. Upon a person engaged in or carrying on the business of selling, furnishing, or
transmitting gas, whether natural or manufactured, a tax equal to 6 percent 'l % for the
cabn ears �003 and _ for the�T s_2005 Z006; and 6% for the
calendar y ars 2007 and beyond, of the total gross income from such business in the City
during the period for which the tax is due;
3. Upon a person engaged in or carrying on any telephone business a tax equal to
6 percent 'l% for the calendar years 2003 and 200/1; 5% for the calendar years 2005 and
2006; and 6% for the calendar years 2007 and beyond, of the total gross income,
including income from intrastate long distance toll service, from such business in the City
during the period for which the tax is due;
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4. Upon a person engaged in or carrying on the business of selling, furnishing or
transmitting cable television service, a tax equal to 6 percent 49/ f„r the calendar „ears
2003 and 2004; 5% for the calendar years 2005 and 2006; end C.o� for the calendar „ears
2007 and beyond, of the total gross income from such business in the City during the
period for which the tax is due.
5. In addition to thc automatic annual review of thc Financial Planning Model, the
Section 41. TMC Section 3.50.060 Amended. Ordinance No. 1998 §6, as codified
at TMC Section 3.50.060, "Exceptions and Deductions," is hereby amended to read as
follows:
3.50.060 Exceptions and Deductions
In computing the tax levied in this chapter, there shall be deducted from the gross
income the following itemsThere-is except any' deducted frr the total s;-FIco
upon which the tax is computed:
1. That part of the total gross income derived from business which the City is
prohibited from taxing under the constitution or laws of the United States and the
constitution or laws of the,�,S,,��taMMte,„„of}}�W.ashington.
2. Income derrived Y�that portion oof network tele servfnc juefin'r in
RCW 82.04.065, That portion of gross income derived by a taxpayer engaging in a
telephone business which represents charges to another telecommunications company,
as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access
charges relating to intrastate toll telephone services; or for access to, or charges for,
interstate services; or charges for network telephone service that is purchased for the
purpose of resale.
3. Adjustments made to a billing or customer account in order to reverse a
billing or charge that was not properly a debt of the customer.
4. Cash discounts allowed and actually granted to customers of the taxpayer
during the tax year.
5. The amount of credit losses and uncollectible debts actually sustained by
taxpayers whose regular books are kept upon an accrual basis. Uncollcctiblc debts
written off the taxpayer's books during the tax y r. If subsequently collected, the income
shall be reported for the period in which collected.
Section 42. Regulations Established. A new TMC Section 3.50.065 is hereby
established to read as follows:
3.50.065 Allocation of Income — Cellular Telephone Service
When determining total gross income from cellular telephone service in the City for
purposes of Section 3.50.040(3), "gross income" shall include all income from cellular
telephone service (including roaming charges incurred outside this state) provided to
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customers whose place of primary use is in the City, regardless of the location of the
facilities used to provide the service. The customer's "place of primary use" is, with
respect to each telephone: (1) the customer's address shown on the telephone service
company's records; or (2) the customer's place of residence if the telephone is for
personal use, and in both cases must be located within the licensed service area of the
home service provider. Roaming charges and cellular telephone charges to customers
whose place of primary use is outside the City will not be taxable even though those
cellular services are provided within the City.
There is a rebuttable presumption that the address shown on the cellular telephone
service company's records is the place of primary use and is accurate. If the cellular
telephone service company knows or should have known that a customer's place of
primary use address for a telephone is within the City, then the gross income from cellular
telephone service provided to that customer with respect to that telephone is to be
included in the company's gross income.
Section 43. Repealer. Ordinance No. 1998 §5, §8, §9, §10, §11, §12, §13, and §14,
as codified at TMC Sections 3.50.050; 3.50.080; 3.50.090; 3.50.100; 3.50.110; 3.50.120;
3.50.130; and 3.50.140 respectively, are hereby repealed, thereby eliminating these
sections:
3.50.050 Tax Year
The tax ye ses of this utility tax shall commence February 1, 2003 and end
31 each year.
3.50.080 Taxpayer's Records
income on sales and serviceswithin the City anandsaC-11Tecorrc si i'llurl be open at -aall
reasonable times for the inspection of the Finance Director or his designee to verify
information provided on au,,y u ilit Teturn determ -°vvhrether-s-LIc i retur
required to be filed.
3.50.090 Failure to M e Retur��T ax i lll
this chapter, the Finance Dircctor is authorized to dctcrminc the amount of the tax payable
under provisions of TMC 3.50.040, and to notify such taxpayer of the amount so
determined. The amount so fixed shall thereupon be the tax and be immediately due and
arc subject to an interest charge of 12% per y or on the unpaid balance from the date
any such taxes became due as provided in TMC 3.50.070.
3.50.100 Penalty for Delinquent Payment
.I...•s ..H... t....4 4 ..II I......J.J...J ! ..III...f 4 o0% ..i t1...
amount Gf-s-ue-h-taxAia-y-tax-el-ue-u-n-cl-er-tia-i-s-Ghap-te-r--that-i-s-u-n-pai-el-a-n-d-a-1-1-pen-a-l-ties-theree-n
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remedy shall be in addition to all other rcmcdics.
3.50.110 Overpayment of Tax
Money paid to the City through error, or otherwise not in payment of the tax imposed
tax due or to become due from such taxpayer hereunder, provided however, that
overpayments extending beyond one y ar prior to notification of the City shall not be
refunded. If such taxpayer has ceased doing business in the City, any such overpayment
shall be refunded to the taxpayer.
3.50.120 Noncompliance Penalty
A. No person subject to this chapter shall fail or refuse to file tax returns or to pay
connection with, any such tax return, or otherwise violate or refuse to comply with this
chapter or with any rule promulgated pursuant to TMC 3.50.140.
violation of or failure to comply with this chapter is a civil infraction, subject to a fine of up
to C250 for each day that a violation continuos
3.50.130 Appeal
fine determined to be due by the Finance Director or his designee, under the provisions
of this chapter, may appeal such determination to the City of Tukwila's City Administrator
or his or her designee.
3.50.140 Finance Director to Make Rules
The Finance Director shall have the power to adopt and enforce rules and regulations
not inconsistent with this chapter or with the law for the purposes of carrying out the
provisions thereof.
Section 44. Regulations Established. A new TMC Section 3.51.015 is hereby
established to read as follows:
3.51.015 General Administrative Provisions Apply
The administrative provisions contained in TMC Chapter 3.27 shall be fully applicable
to the provisions of this chapter except as expressly stated to the contrary herein.
Section 45. TMC Section 3.51.030 Amended. Ordinance No. 2250 §3, as codified
at TMC Section 3.51.030, "Definitions," is hereby amended to read as follows:
3.51.030 Definitions
The definitions contained in TMC chapter 3.27 shall have full force and application
with respect to taxes imposed under the provisions of this chapter except as expressly
stated to the contrary herein.
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As used in this chapter, unless the context or subject matter clearly requires
otherwise, the words or phrases defined in this chapter shall have the indicated meanings.
1. "Solid waste" means all putrescible and nonputrescible solid and semi -solid
wastes, including but not limited to, garbage, rubbish, ashes, industrial wastes, swill,
sewage sludge, demolition and construction waste, abandoned vehicles or parts thereof,
and recyclable materials.
2. "Solid waste collection business" means every person who receives solid
waste or recyclable materials for transfer, storage, or disposal, including but not limited
to, all collection services, public or private solid waste disposal sites, transfer stations,
and similar operations.
3. "Person" means any person, firm, corporation, association, or entity of any
type engaged in a business subject to taxation under this ordinance.
4. "Finance Director" means the Finance Director of the City of Tukwila,
Washington, or his or her designee.
5 . "Gross income" means the value proceeding or accruing from the
performance of the particular business involved, including gross proceeds of sales,
compensation for the rendition of services, and receipts (including all sums earned or
charged, whether received or not) by reason of investment in the business engaged in
(excluding rentals, receipts or proceeds from the use or sale of real property or any
interest therein and proceeds from the sale of notes, bonds, mortgages or other
evidences of indebtedness, or stocks and the like), all without any deduction on account
of the cost of property sold, the cost of materials used, labor costs, taxes, interest or
discount paid, delivery costs or any expenses whatsoever, and without any deduction on
account of losses.
64. "Residential customers" means any customer of the solid waste collection
provider for residential type customers of single-family residential structures, including
mobile homes and duplexes, tri-plexes and four-plexes where each residential unit is
billed individually, except that the term does not include multiple unit residences with five
or more attached or unattached units billed collectively.
75. "Non-residential customers" means any customer other than those identified
as a "residential customer."
Section 46. Repealer. Ordinance No. 2250 §8, §9, §10, §11, §12, §13, and §14, as
codified at TMC Sections 3.51.080; 3.51.090; 3.51.100, 3.51.110; 3.51.120, 3.51.130, and
3.51.140 respectively, are hereby repealed, thereby eliminating these sections:
3.51.080 Taxpayer's Records
Each taxpayer shall keep records reflecting the amount of the ina„or's gross
reasonable -times for the inspection of the Finance Director or his designee to verify
required to be filed.
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3.51.090 Failure to Make Returns or to Pay the Tax in Full
If a taxpayer fails, neglects, or refuses to make his return as and when required by
this chapter, the Finance Dircctor is authorized to determine the amount of the tax payable
under provisions of TMC 3.51.0/10, and to notify such taxpayer of the amount so
any such taxes became due as provided in TMC 3.51.070.
3.51.100 Penalty for Delinquent Payment
0
amount of such tax. Any tax due under this chapter that is unpaid and all penalties thereon
remedy shall be in addition to all other remedies. The City may, at its discretion, pursuant
penalties owed or assessed, or it may seek collection by court proceedings, which
remedies shall be in addition to all other remedies
3.51.110 Overpayment of Tax
Money paid to the City through error, or otherwise not in payment of the tax imposed
by this chapter, or in excess of such tax, shall, upon discovery, be credited against any
tax due or to become due from such taxpayer hereunder, provided however, that
overpayments extending beyond one year prior to notification of the City shall not be
shall be refunded to the taxpayer.
3.51.120 Noncompliance Penalty
A. No person subject to this chapter shall fail or refuse to file tax returns or to pay
connection with, any such tax return, or otherwise violate or refuse to comply with this
chapter or with any rule promulgated pursuant to TMC 3.51.140.
B. In addition to the interest and delinquent filing penalties set forth above, a willful
chapter shall constitute a debt to the City. The city at -its cretie u t to
or assessed pursuant to this chapter, or the City may seek collection by court
proceedings which remedies• shall be in addition to all other remedies
,
3.51.130 Appeal
fine determined to be due by the Finance Director or his or her designee under the
provisions of this chapter may appeal such determination to the City of Tukwila's City
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Administrator or his or her designee. Taxpayers shall be required to remit the amounts
determined to be due under this chapter prior to filing an appeal.
3.5.7.740 Finance reeto to Make Rules
The Finance Director shall have the power to adopt and enforce rules and regulations
not inconsistent with this chapter or with the law for the purposes of carrying out the
provisions thereof.
If any amount of the tax, to be paid under the terms of this chapter, becomes due and
remains unpaid, or if default is made in any of the sections herein contained, the license
co issued shall be revoked.
Section 47. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/ subsection numbering.
Section 48. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 49. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force on September
1, 2024, after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Governance Committee
FROM: Laurel Humphrey, Legislative Analyst
DATE: April 12, 2024
SUBJECT: Resolution updating Financial Policies
ISSUE
The draft resolution contains proposed amendments to the City's Financial Policies.
BACKGROUND
Staff presented the current Financial Policies to the Committee on February 26, 2024. During
that discussion staff asked the Committee for support to amend Section 5. "Grants" to
require Committee approval of grant applications only in situations where a required local
match is unbudgeted. The Committee gave preliminary approval and requested no other
changes at that time.
The draft resolution incorporates that amendment as well as other amendments identified by
staff to provide clarity and improvements to the document.
RECOMMENDATION
Staff is seeking Committee discussion on the proposed amendments and is asking for a
recommendation to the Full Council, which could occur at the May 13, 2024 Committee of the
Whole meeting.
ATTACHMENTS
1. Draft Resolution
37
38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING FINANCIAL
POLICIES, AND REPEALING RESOLUTION NO. 2014.
WHEREAS, the City Council is committed to the highest standard of financial
management; and
WHEREAS, financial policies adopted by the legislative body are a best practice to
provide written guidance for how local government officials and staff should approach
fiscal issues and core financial areas; and
WHEREAS, financial polices outline a clear vision of how the City of Tukwila will
manage its financial resources to provide the best value to the community; and
WHEREAS, periodically updating and revising financial policies are important steps
toward ensuring consistent and rational financial management; and
WHEREAS, financial policies have traditionally existed in many different documents
and the City Council desires to minimize confusion and eliminate redundancies or
conflicts by consolidating financial policy direction to the extent feasible;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Financial Policies attached hereto as Exhibit A are adopted.
Section 2. The Financial Policies shall be reviewed on at least a biennial basis and
updated as necessary.
Section 3. Repealer. Resolution No. 2014 is hereby repealed.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Mohamed Abdi, Council President
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment: Exhibit A — Financial Policies
2024 Legislation: Financial Policies
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Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
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Financial Policies
Section 1. Purpose
a. The City of Tukwila is accountable to the public and shall maintain the fiscal
integrity of its operating, debt service, and capital budgets while providing an
appropriate level of public services within the City's fiscal responsibilityfinancial
capabilities.
b. The City's Financial Policies are intended to provide guidelines for the financial
planning and internal financial management of the City.
Section 2. Budgeting
Cross references: TMC Chapter 3.30. Resolution 1951
a. The City of Tukwila shall prepare and adopt a biennial budget in accordance with
RCW Chapter 35A.34, and Tukwila Municipal Code (TMC) Chapter 3.30. Fiscal
years begin January 1 and end December 31.
b. The budget shall be prepared with a priority -based approach that enables
resources to be allocated to the programs and services that provide the greatest
value to the community.
c. The budget must be developed in accordance with the policies and priorities set
forth in long-term policy documents including the Equity Policy, Strategic Plan,
Comprehensive Plan, City Council and community priorities, and federal and state
laws.
d. Within each budget cycle, the budget should be structurally balanced, which
means that ongoing expenditures shall be provided for by anticipated ongoing
revenue and one-time revenue should only be used for one-time expenditures
unless explicitly authorized by the City Council.
e. The City shall maintain a six -year Capital Improvement Program and update it
with each budget cycle to ensure that all costs associated with projects are
addressed.
f. As part of each biennial budget process, the City shall prepare six -year
expenditure and revenue forecasts for the principal operating and capital funds.
Revenues will be estimated on a conservative basis.
q. The City Council may informally approve mid -year budget amendments by motion
prior to the submission of a comprehensive formal budget amendment at the end
of the fiscal year.
h. The City's employee classification and compensation plan will be maintained in a
manner consistent with Council policy, applicable state and federal collective
bargaining laws, and valid comparable cities.
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Section 3. Revenues
Cross references: TMC Title 3
a. The City will maintain a diversified and stable revenue system to shelter it from
short-term fluctuations.
The City shall develop and maintain a comprehensive schedule of fees and
Section 3. Revenues (continued)
b. The City shall develop and maintain a Revenue Guide that describes major
revenue sources available to the City of Tukwila.
c. Revenue sources should be reviewed in off -budget years to account for inflation,
to stay in line with market, or to ensure cost recovery at a prescribed level
depending on the revenue source.
Section 4. Expenditures
Cross references:
- Purchasing Policy (Resolution9No. 2015)
- Procurement Card Policy (Resolution No. 1750)
- Expense Reimbursement Policy (Resolution No. 1874)
a. The City shall maintain expenditure categories according to state statute and
administrative regulation known as the State Auditor's Budgeting, Accounting,
and Reporting System (BARS).
b. Operating expenditures within funds must be supported by the operating
revenues generated by that fund.
c. Purchasing will be conducted with appropriate internal controls, observe fair and
ethical business practices, and use wise and prudent judgement in the
expenditure of public funds.
Section 5. Grants
Cross references: Grant Policy/Procedure in progress
a. The City shall, whenever practical and advantageous, pursue grant funding. All
potential grants shall be examined carefully for matching requirements, and to
determine whether programs must be continued with local resources after grant
funds are exhausted.
b. Staff shall obtain approval from the appropriate City Council Committee before
applying for any grants requiring an unbudgeted or previously unidentified local
match, and staff shall obtain City Council approval prior to accepting grant
agreements in amounts above the Mayor's signing authority.
Section 6. Capital Improvement Program (CIP)
a. Transportation improvements will be coordinated with related improvements such
as utility, landscaping, sidewalks, etc.
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b. Whenever feasible, capital improvements shall be coordinated with related
improvements of adjacent jurisdictions.
c. Capital Improvement Program projects shall, whenever possible, take advantage
of grants, loans or other financing external to the City. If the proposed grants or
mitigation are either not funded or are reduced, the City Council will reevaluate
the respective project on the basis of its value and priority level placement in the
Capital Improvement Program.
Ed. General Fund support should not be relied upon for funding capital projects.
Grants; and/or dedicated and restricted revenue sources should be utilized prior
to seeking General Fund support.
e. Non -transportation capital projects and improvements should be funded by
operating revenues, grants or bonds as determined in the six -year Financial
Planning Model.
d f. Residential streets with safety issues, high traffic volumes, high pedestrian activity
and poor roadway conditions will be considered the highest priority projects.
e-g. Residential street designs will follow basic designs for arterials, collectors,
and local access streets. Designs to accommodate individual properties shall be
avoided.
f-h. Design of connecting streets is strongly encouraged.
i_For City -scheduled projects located on residential streets, the City will require the
undergrounding of new electrical and communication facilities pursuant to TMC
Chapter 11.28.
I-LStreet and road improvement projects on slopes will include roadside plantings
wherever feasible to help mitigate the land used for roadway and sidewalk
improvements.
hk. Donation of the property needed for rights -of -way and easements shall be
pursued.
j-(_Latecomer agreements, where appropriate, shall be considered an acceptable
means of funding capital projects, improvements and replacements, in whole or
in part.
Ism. Right-of-way agreements for cable and electrical services should be utilized
to discourage excessive wiring throughout the City.
I n. Current arterial street improvements determined in the six -year CIP may be
funded through a Local Improvement District (LID) or financing external to the
City. The City may participate using operating revenues, grants or bonds based
on health and safety needs or public benefit. The City may participate in the
funding by financing the preliminary engineering design and professional service
costs associated with planning and creating the LID.
no. A majority of property owners on a street may petition the City to set up an
LID to pay for residential street improvement projects, sidewalks and
undergrounding of utilities. The City will evaluate the possibility of paying for the
design, preliminary engineering, construction engineering, and LID formulation.
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The residents will pay for undergrounding utilities in the street, undergrounding
from the street to their residence, the actual construction costs, and any
improvements on private property such as rockeries, paved driveways, or
roadside plantings.
n.a. Non transportation capital projects and improvements should be funded by
perating revenues, grants or bonds as determined in the six year Financial
Planning Model.
op. Pursuant to TMC Chapters 3.56 and 3.60, the first 1/4 cent Real Estate
Transfer Tax (REET) shall be dedicated to park and open space land acquisition,
and the second 1/4 cent shall be used for arterial streets, along with the parking
tax, unless the City Council enacts other priorities consistent with state law
distribution of REET funds.
p q. Street and road improvement projects shall be evaluated for the inclusion
of features that support the City's Parks, Recreation and Open Space (PROS)
Plan and "Walk a'nd Roll Plan"Transportation Element of the Comprehensive plan
in order to encourage walking, bicycling, and use of public transit.
g-r. Policies will be reviewed annually and in concert with the adoption of growth
management policies to ensure continuity.
vs. Transportation impact fees shall be collected so that "growth may pay for growth"
and growth -caused improvements may be constructed.
Section 7. Enterprise Funds
a. Utility fund expenditures shall be fully supported by their own rates, fees, and
charges and not subsidized by the General Fund.
b. Utility rates should be structured to ensure adequate infrastructure development
and replacement.
c. Each Enterprise Fund shall be reviewed bi-annually to ensure a rate structure
adequate to meet its operations, maintenance, and long-term capital
requirements.
d. Enterprise Fund rate increases shall be small, applied frequently, and staggered
to avoid an overly burdensome increase and undue impact in any given year.
e. Enterprise Fund rate increases of external agencies will be passed through to the
customer.
f. Infrastructure improvements such as water reuse should consider conservation of
resources such as water and electricity.
Section 8. Debt
Cross references: Debt Policy (Resolution No. 1840)
a. Appropriate management of debt is an important factor in measuring the City's
financial performance and condition.
Section 9. Reserves
44
Page 4 of 5
a. Prudent financial management dictates that some portion of funds available to the
City be reserved for future use.
b. At the close of each fiscal year, the General Fund unassigned balance shall equal
or exceed 18% and the Contingency Fund reserve balance shall equal or exceed
10% of the previous year General Fund revenue, exclusive of significant non -
operating, non -recurring revenues such as real estate sales or transfers in from
other funds.
c. At the close of each fiscal year, the unrestricted balances of the Enterprise Funds
shall equal or exceed 20% of the previous year revenue, exclusive of the effects
of GASB Statement 68, as well as significant non -operating, non -recurring
revenues such as real estate sales, transfers in from other funds or debt proceeds.
d. Use or draw down of minimum balances shall occur only upon recommendation
of City Administration and approval by City Council through a resolution. Should
use or draw down occur, the City Administration shall establish a plan, no later
than the end of the fiscal year following the year of decline, to restore the fund
balance to the prescribed minimum level. The plan shall be presented to and
approved by the City Council.
e. A One-time Revenue Reserve shall be established and maintained in the
Contingency Fund. The One-time Revenue Reserve shall be credited annually
with 10% of the prior year one-time revenues to the extent General Fund surplus
for the year is sufficient to cover the reserve funding. Use of the reserve shall
occur only upon recommendation by City Administration and approval by City
Council resolution.
f. The City shall maintain a reserve in each of its self -insured health care funds in
an amount equal to 1.5 times, or 150%, of the actuarially determined IBNR
(incurred but not reported) balance. Use of the reserve shall occur only upon
recommendation by City Administration and approval by City Council resolution.
Section 10. Investments
(Cross references: TMC 3.28, Resolution No. 182811
a. The City will strive to maximize the return on its investments with the primary
objective of preserving capital in accordance with city policy and prudent
investment practices.
Section 11. Minimum Reporting Requirements
a. The Finance Director shall provide a financial status update at least quarterly.
b. City Administration shall provide the City Council with financial reports that reflect
actual performance in various expenditures and revenues.
c. City Administration shall provide the City Council with a quarterly report of all
newly -executed contracts, including the amount, responsible department, scope
of work, and expiration date.
d. Once the annual audit is complete, City Administration shall provide a report to
the City Council showing compliance with the Financial Reserve Policy.
Page 5 of 5
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46
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Governance Committee
FROM: Laurel Humphrey, Legislative Analyst
DATE: April 12, 2024
SUBJECT: Resolution updating Purchasing Policy
ISSUE
The draft resolution contains proposed amendments to the City's Purchasing Policy.
BACKGROUND
The City's Purchasing Policy was overhauled and adopted by City Council Resolution in
December 2020. Staff has identified a few areas where amendments could streamline
processes and/or provide clarity to staff.
Per RCW 35A.11.010, the City's authority to contract, and be contracted with, is vested in the
City Council, but the City Council can delegate some authority in service to meeting and
process efficiency. Under the current policy, significant staff time is spent preparing items
for Council review - writing and reviewing memos, completing scheduling and contract
routing forms, attending multiple meetings. A 2023 Lean assessment of the Public Works
contracting process identified Council meeting preparation as an area that could benefit from
streamlining measures. Further, the April 2024 report on the Financial Sustainability Plan
includes a recommendation of good stewardship of public resources, including building a
culture and city processes to focus on quality and continuous improvement, and specifically
suggests "increasing procurement limits and reducing the number of approval steps."
Changing procurement limits would not reduce transparency. All city contracts are publicly
available via the Digital Records Center as well as provided to the City Council in a quarterly
report with links to all supporting documents. This report could be expanded to include all
contract amendments as well. The City Council's Financial Policies require minimum
standards of reporting, which includes a quarterly financial status report. Additionally,
monthly departmental expenditure reports are provided to the Finance & Governance
Committee, posted online and emailed to agenda subscribers. The proposals described
below are recommendations for City Council consideration, but staff's intent is to facilitate
the level of oversight, accountability and transparency that meets the City Council's needs.
Capital Projects
Under the proposal, the City Council would approve the preliminary project budget via
adoption of the Capital Improvement Program. Contracts associated with the project that fall
within this approved spending authority could be signed by the Mayor, but any contracts,
contract amendments, or purchases that require additional project funding would need to be
presented to the City Council for approval. This would include a transfer from another
underspent project.
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INFORMATIONAL MEMO
Page 2
Signing Authority for Other Purchases
The Mayor's current signing authority is $40,000 which has been in place since 2009. Staff
suggests that the City Council consider raising this limit to account for inflation and citywide
efforts to streamline processes, and suggests a placeholder amount of $60,000 for
consideration. Below is a spot-check sampling from other cities:
Burien (Council -Manager): $50K
Des Moines (Council -Manager): $50K
Everett (Mayor -Council): $50K (for professional services)
Kent (Mayor -Council): $100K
Lake Stevens (Mayor -Council): $100K
Monroe (Mayor -Council): $100K
Poulsbo (Mayor -Council): $75K
Renton (Mayor -Council): $100K
SeaTac (Council -Manager): $100K
Tacoma (Council -Manager) $500K
Other Contracting Provisions
The current Purchasing Policy is silent on many questions relating to contracting. The
proposal seeks to correct this by adding Contracting to the policy title as well as a new
section clarifying many areas of contracting and Council vs Mayoral authority.
Threshold Cost Negotiation Requirements
As a City over 20K population, Tukwila has authority to set bid limits through policy. Section
8 proposes to change the thresholds for purchases of supplies, equipment, and non-
professional services. Section 9 proposes to streamline the bid requirements for Public Works
contracts.
Change Order Authority
The current policy is silent on Change Orders, which are specific to construction contracts. A
new section 9.J. proposes approval authority for change orders.
Disposal of Surplus Property
The proposal changes the threshold for city surplus property requiring a City Council
resolution to $1500 from $500.
RECOMMENDATION
Staff is seeking Committee discussion on the proposed amendments and is asking for a
recommendation to the Full Council, which could occur at the May 13, 2024 Committee of the
Whole meeting.
ATTACHMENTS
1. Draft Resolution
48
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, ADOPTING
A PURCHASING AND CONTRACTING POLICY,
AND REPEALING RESOLUTION NO. 2015.
WHEREAS, the City Council is committed to the highest standard of financial management;
and
WHEREAS, the expenditures of public funds for the purchase of and contracting for goods,
services, supplies, and materials must comply with all applicable state and local requirements;
and
WHEREAS, a comprehensive purchasing policy helps ensure that public funds are spent in
the most economical and transparent way possible;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Purchasing and Contracting Policy attached hereto as Exhibit A is adopted.
Section 2. Repealer. Resolution No. 2015 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Mohamed Abdi, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment: Exhibit A — Purchasing and Contracting Policy
2024 Legislation: Purchasing Policy
Version: 04/12/2024
Staff: L. Humphrey
Page 1 of 1
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CITY OF TUKWILA
PURCHASING AND CONTRACTING POLICY
TABLE OF CONTENTS
1. Procurement Policy Table 1
2. Administration 2
A. Purpose
B. Controlling Laws
C. Compliance with Policy
D. Signing Authority and Approval
3. Determining Total Cost 2
A. Anticipated Cost
B. Prohibition on "Bid Splitting"
C. Total Costs to Include
4. Vendor Relations 3
A. Ethics of Procurement
B. Buy Local
C. Environmental Sustainability
D. Social Equity
5. Grants and Federal Funding 4
A. General Rule
B. Purchases of Goods or Service Reimbursable from a Federal Grant
6. Controlled Commodities 6
7. Types of Projects and Contracting Authority-GeotraGt-Appreyal-L-evels 6
A. Public Works
B. All Other Types of Purchases
&C. Other Contracting Provisions
8. Threshold Cost Negotiation Requirements 6
A. $10,000 or Less: Direct negotiation
B. $10,000-$50,000: 3 quotes needed
C. $50,000 or More: Competitive bids
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9. Public Works Projects 7
A. Defining Project Costs
B. City Labor
C. Bid Requirements
D. Small Works Roster
E. Limited Public Works Process
F. Prevailing Wages
G. Bid Deposit, Performance Bond, and Payment Bond
H. Retainage
I. Public Works over $1 Million
J. Alternative Public Works Contracting Procedures
10. Competitive Bidding Process 9
A. Public Notice
B. Bid Specifications
C. Award
D. Cancellation
E. Bid Submittal
F. Bid Security
G. Non -Collusion Affidavit
11. Service Categories 11
A. Professional Architectural and Engineering Services
B. Personal Services
C. Purchased Services
12. Materials, Supplies, Equipment (unrelated to Public Works, Services, A&E) 13
13. Exceptions to the Competitive Process 13
14. Disposal of Surplus Property 14
A. Policy Statement
B. Definitions
C. Procedures
15. Additional Considerations 16
A. Certificates of Insurance
B. State Contractor's License
C. City Business License
16. References 16
17. Glossary 17
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1. PROCUREMENT POLICY TABLE
PROJECT TYPE
CITY/TOWN
COMPETITIVE BIDDING REQUIREMENTS
Public Works
Project
Same
Requirement
for ALL cities
If your project is:
<$75,500
$75,500
$350,000
>$350,000
Type of Bidding
Required:
Minimal
Competition
Process
Small Works
Roster
Formal
Competitive
Bidding
Agencies may
seek quotes
directly from
individual
vendors. No
competitive
bidding required.
List of qualified
contractors who
can bid for an
eligible project
below $350,000.
(RCW 35.04.155).
Requires local
agencies to
award PW
contracts to
responsible
bidder with
lowest
responsive bid.
Purchase of goods,
equipment,
supplies, or
materials (not
connected with PW
project)
Cities under
20,000
population
If your purchase
is:
<$7,500
$7,500-$15,000
>$15,000
Type of Bidding
Required:
Minimal
Competition
Process
Vendor List
Formal
Competitive
Bidding
Agencies may
seek quotes
directly from
individual
vendors. No
competitive
bidding required.
List of vendors
who are
interested in
selling
equipment,
materials and
supplies to the
city. (RCW
39.04.190)
Required to
advertise the
solicitation, but
there is no
required method
or timeframe.
Sealed bids and
public bid
opening
required.
Cities over
20,000
population
Type of Bidding
Required:
State law does not establish any specific bid limits or
competitive processes that first-class cities or code cities
over 20,000 must follow for purchases. You should
establish bid limits and competitive processes in policy.
Professional
Services
Same
Requirement
for ALL cities
Type of Bidding
Required:
All local governments must follow the same qualifications -
based selection (QBS) process outlined in RCW 39.80. You
must solicit competitive bids and evaluate them based on
qualifications, without regard to cost.
Personal Services
Same
Requirement
for ALL cities
Type of Bidding
Required:
State law does not require any thresholds or processes for
personal services contracting. If your project receives any
federal funding, must comply with federal competitive
requirements.
Purchased Services
Same
Requirement
for ALL cities
Type of Bidding
Required:
State law does not prescribe any thresholds or processes
for purchased services contracting. However, some
purchased services may require payment of prevailing
wages.
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2. ADMINISTRATION
A. Purpose
This policy is intended to direct the purchase of goods and services at a reasonable cost. An open, fair, and
competitive process is to be used whenever reasonable and possible. It is the City's policy to follow state
requirements regarding the expenditure of public funds, to provide a fair forum for those interested in
bidding on public contracts and to help ensure that public contracts are performed satisfactorily and
efficiently at the least cost to the public while avoiding fraud and favoritism.
B. Controlling Laws
The expenditures of public funds for the purchase of and contracting for goods, services, supplies, and
materials shall comply with all applicable state law requirements as set forth in the Revised Code of
Washington (RCW) and the Washington Administrative Code (WAC), in addition to other applicable local
and federal laws and regulations. The City Attorney shall be consulted when questions regarding potential
conflicts arise.
C. Compliance with Policy
The City's department heads shall implement, monitor, and enforce these policies. In the event of any
conflict in procurement requirements or questions about proper procedure or other requirements, the
matter shall be referred to the Finance Director. Willful or intentional violations of public procurement
requirements may result in personal penalties, financial liabilities, and/or discipline per RCW 39.30.020.
D. Signing Authority and Approval
1) Per RCW 35A.11.010, the City's authority to contract, and be contracted with, is vested in the
City Council. City Council has delegated authority to the Mayor to execute contracts and
contract modifications that meet the criteria of this Policy.
2) Any City staff member purchasing goods on behalf of the City without proper authorization
may be personally liable to the vendor and the City, and subject to disciplinary action.
3) Electronic signatures of authorized City staff may be accepted pursuant to the City's
Electronic Signature Policy.
4) All work or any purchase authorized with a particular vendor, consultant, or contractor that
cumulatively is expected on a particular project to exceed an annual amount of $20,000 must
be in writing, and approved according to the authority provided for within Section 7.
3. DETERMINING TOTAL COST
A. Anticipated Cost
The anticipated annual need for a good or service (when it can reasonably be projected) shall be used to
determine the cost of that good or service, and thus which contract approval level, cost threshold, and other
related purchasing requirements apply.
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City of Tukwila Purchasing Policy 12 1 20204 12 24
B. Prohibition on "Bid Splitting"
The breaking of any project into units, or accomplishing any project by phases, is prohibited if it is done for
the purposes of avoiding compliance with bidding statutes. RCW 35.23.352(1).
To avoid bid splitting:
1) Combine all phases of a public work project when estimating cost.
2) Combine the total of foreseen identical items purchased at the same time or within a
calendar year's time, in which the cost exceeds competition limits (i.e. office supplies, laundry
services, janitorial paper products, etc.)
3) Items that are designed, or intended to be used together (i.e., water meters and covers), and
the cost exceeds competition limits, should be bid together.
C. Total Costs to Include
Include costs such as taxes, freight, and installation charges when determining which cost threshold applies. Do
not include the value of a trade-in. Trade-in value should be considered, however, to determine the lowest bid
when competitive bidding is used.
Further requirements for the total quantity of an item (when they can be reasonably projected) should be
considered when determining which cost threshold and related purchasing requirements apply.
Finally, if a project is to be completed in phases, the total accumulated cost for all phases should be considered
when determining which cost threshold applies.
4. VENDOR RELATIONS
A. Ethics of Procurement
The City is committed to providing a very fair, transparent and equitable process to our purchases. We ask all
staff participating in a solicitation and/or award process to be thoughtful of any perceived or actual conflicts of
interest. See Tukwila Municipal Code (TMC) Section 2.95.030 ("Code of Ethics for Employees and Appointed
Officials") for more information.
The City seeks to avoid situations that involve conflicts of interests or the appearance of such conflicts based on
inappropriate opportunities to influence the solicitation and/or award process. The City uses the measures of
how a reasonable person would perceive the situation. A reasonable person standard might consider how the
situation would appear if covered by a news story or viewed from the perspective of a public interest group.
Common questions to ask are: Could you comfortably explain your actions? Would taxpayers believe you
were acting in their best interest?
City staff should refuse gifts, meals and invitations to events such as concerts or sporting events, that could be
reasonably perceived as: improperly influencing performance of your official duties; a reward for awarding a
contract; or offered or given to influence, find favor, or with a reasonable expectation of creating an obligation
to the giver. Vendors are prohibited from offering gifts during the solicitation and ensuing contract award
process. Contact the City Attorney for assistance if you encounter unusual situations.
Finally, contact the City Attorney before initiating a contract with a former City employee to determine if doing
so would create an actual conflict of interest or the appearance of a conflict of interest.
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B. Buy Local
It is the City's policy to take affirmative steps to encourage local businesses to apply to participate in the
procurement process. Further, to the extent legally possible, the City will consider the use of those local
businesses in order to support and enhance the local economy.
C. Environmental Sustainability
The City is committed to the protection of the environment and has taken steps towards becoming more
sustainable. Accordingly, departments are strongly encouraged to purchase recycled and other
environmentally preferable products whenever practicable and to encourage this of their contractors.
However, nothing in this policy shall be construed as requiring the purchase of products that do not perform
adequately or are not available at a reasonable price.
D. Social Equity
The City shall endeavor to contract with minority -owned businesses and contractors and materials suppliers
pursuant to the goals outlined in the City's Equity Policy, which provides guidance to City elected officials, staff,
boards and commissions, partners, residents, businesses and guests on how to actively promote equitable
access to opportunities and services.
5. GRANTS AND FEDERAL FUNDING
A. General Rule
Not all grant funded projects are covered by this policy because many of the grants have their own
procurement requirements. Grant Managers are responsible for grant purchases, but shall consult with
Finance Director or designee prior to initiating any grant purchases. Grant managers are responsible for
ensuring all grant purchases comply with grant procurement requirements.
B. Purchases of Goods or Service Reimbursable from a Federal Grant
When spending federal funding, the City complies with the Uniform Administrative Requirement, Cost
Principals, and Audit Requirements for Federal Awards (Uniform Guidance) published in Title 2 of the Code of
Federal Regulations (2 CFR 200), specifically 2 CFR 200.318 through 200.326, which can be accessed HERE.
Please note that all grants are different, so one size does not fit all. Some grants simply require you to use your
own procurement rules, while others require you to insert their contracting clauses into your contract.
However, some general guidelines from the Uniform Standards are outlined below:
1) Section 200.62 of the Uniform Guidance requires and defines internal control over compliance
requirements for federal awards to mean a process implemented by the City designed to provide
reasonable assurance regarding the achievement of the following objectives for Federal awards:
a. Transactions are properly recorded and accounted for, in order to:
i. Permit the preparation of reliable financial statements and Federal reports;
ii. Maintain accountability over assets; and
iii. Demonstrate compliance with Federal statutes, regulations, and the terms and conditions
of the Federal award;
City of Tukwila Purchasing Policy 12 1 20204 12 24
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b. Transactions are executed in compliance with:
i. Federal statutes, regulations, and the terms and conditions of the Federal award that
could have a direct and material effect on a Federal program; and
ii. Any other Federal statutes and regulations that are identified in the Compliance
Supplement; and
iii. Funds, property, and other assets are safeguarded against loss from unauthorized use or
disposition.
2) Section 200.320 of the Uniform Guidance requires the City to ensure that purchases are procured in
accordance with the following guidelines:
a. Procurement of $3,000 and under: To the extent practicable, the City must distribute these
purchases equitably among qualified suppliers. Purchases may be awarded without soliciting
competitive quotations if the City considers the price to be reasonable.
b. Procurement between $3,000 and $150,000: Price or rate quotations must be obtained from an
adequate number of qualified sources.
c. Procurement above $150,000: Sealed Bids or Competitive Proposals or Sole Source:
i. Sealed Bids — Bids are publicly solicited and a fixed price contract (lump sum or unit price)
is awarded to the responsible bidder whose bid, conforming with all the material terms
and conditions of the invitation for bids, is the lowest in price.
ii. Competitive Proposals — Used when more than one source has submitted an offer, and
either a fixed price or cost -reimbursement type contract is awarded. It is generally used
when conditions are not appropriate for the use of sealed bids.
3) Appendix II to Part 200 — Contract provisions for city contract under federal awards requires the City
to verify that all contractors are not suspended or debarred from Federal funding. Prior to executing
a federal -aid agreement, the City must verify status with the System for Award Management (SAM)
at https://www.sam.gov/SAM/pages/public/searchRecords/search.isf to determine if the
contractor/consultant has been excluded from bidding on a federal aid contract. SAM is the
electronic version of the Lists of Parties Excluded from Federal Procurement and Non -Procurement
Programs (Lists), which identifies those parties that have been suspended, debarred, otherwise
excluded from bidding on federal contracts or consultants that will not be eligible for federal aid
reimbursement.
4) Pursuant to the Washington Secretary of State Local Government Records Retention Schedule,
financial records pertaining to the purchase must be retained in accordance with the applicable
Washington State Records Retention schedule. Further, each City Department awarded grant
services shall maintain records of all purchases and be responsible for following grant requirements.
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6. CONTROLLED COMMODITIES
If the cost of the following item(s) is over $100.0075.00, purchase of the item requires approval from the
Tukwila Technology and Innovation Services Department Director or designee:
A. Computers and related equipment, fax machines, printers, scanners and copiers, cell phones,
telephone equipment, pagers, software or systems.
B. Anything the Tukwila Technology and Innovation Services Department is requested or required to
install, connect, and/or service.
7. TYPES OF PROJECTS AND CONTRACTING AUTHORITY CONTRACT APPROVAL LEVELS
It is necessary to establish a uniform practice for approval and execution of City of Tukwila contracts, ensure
City Council review of important and legally required contracts and other legal instruments, provide for
efficient, streamlined preparation and execution of other contracts not requiring Council review, while also
ensuring accountability.
The following types of projects and contract approval levels are intended to be for projects with previously
allocated funds approved by City Council.
A. Capital Projectsi u k :
Project Budget. The preliminary project budget approved by the City Council in the Capital Improvement
Program (CIP) establishes the spending authority for a capital project. The preliminary budget is
determined via a multitude of factors, including the urgency of the project, awarded or prospective grant
funding, revenue forecasts, and prior fund balance. If additional funds are required, including a transfer
from another underspent project, the request must be approved by the City Council. The following
thresholds apply to project contracts and contract amendments that can be included within the
approved preliminary project budget.
1) $20,000 or less Approved by Department Director
2) $20,001 to approved project budget* Approved by Mayor, provided the project is in the
Capital Improvement Program (CIP).
3) Additional project funding Approved by City Council
1) $20,000 or less Approved by Department Director
Program (CIP).
3) $40,000 or more Approved by City Council
All public works projects must be within the CIP budget. If additional funds arc required, the
request must be approved by City Council.
B. All other types of purchases (professional services, personal services, purchased services,
materials/supplies/equipment):
Professional services provided by a consultant that fall under architecture, engineering, land
surveying, or landscape architecture. Contract approval levels:
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City of Tukwila Purchasing Policy 12 1 20204 12 24
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1) $20,000 or less Approved by Department Director
2) $20,001 to $ 9,99939,999 Approved by Mayor
3) $60,00040,000 or more Approved by City Council
Cost modifications that, either singly or combined with all previous modifications, incr ase the
total contract amount from under to over the $40,000 signature threshold shall be approved by
City Council.
C. Other Contracting Provisions:
1) All statutory bidding and contracting requirements as set forth in State law shall be followed.
2) To assist in contract management and retention, all contracts will include a date by which full
performance of the contract shall be complete.
3) All contracts will be approved as to form by the City Attorney.
4) All contracts will be processed and filed in accordance with administrative procedures
required by the Finance Department and Office of the City Clerk.
5) Except as otherwise specified, the Mayor or his or her designee has authority to approve and
sign the following types of contracts without need for separate Council approval or
ratification:
a. All contracts for which the Original Contract Value is less than $60,000.
b. All contracts settling claims, litigation or threatened litigation for which the Original
Contract Value, less any contribution from a City insurance policy, does not exceed
$250,000.
c. Contracts and/or contract amendments specifically authorized by other Council
action.
d. Work orders issued pursuant to RCW 39.10.450 so long as the overarching Job Order
Contract was previously approved by Council.
e. Annual technology hardware, software, or services renewal agreements including
annual license renewals, subscription services, support and maintenance extensions,
and general services renewals which do not exceed $250,000.
f. Acquisitions of easements, right-of-way, or title incident to a public works project
budgeted by the City Council.
6) The following types of contracts require advance Council approval prior the Mayor or
designee's signature:
a. Interlocal Agreements — all contracts, agreements, memoranda of understanding, or
other documents between the City of Tukwila and any other governmental agency or
agencies. An agreement in association with a grant application is not considered an
interlocal agreement for purposes of this subsection but is subject to the monetary
thresholds in Subsection B.
b. Any contract for the sale or purchase of real estate except for acquisitions of
easements, right-of-way or title incidental to a City public works project budgeted by
the City Council.
c. Any contract to lease or otherwise encumber City -owned real estate for a period of
more than one (1) year unless the contract provides the City with an option to
terminate the lease early without cause or damages by providing no more than six (6)
months' notice of termination.
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City of Tukwila Purchasing Policy 12 1 20204 12 24
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d. Public Works contracts that require award by the City Council pursuant to Chapter
39.04 RCW.
e. Any contract that transfers risk to the City of third party claims arising out of a
contractor's misconduct or negligence if the risk transferred thereby would not be
covered by the City's insurance policies.
f. Any contract that, pursuant to applicable law, requires authorization from the City
Council
g. Any contract of any amount not consistent with the adopted budget.
7) Contract Amendments
a. Amendments that do not change the total value of the contract (i.e. a new expiration
date) may be signed by the Department Director.
b. Amendments that, either singly or combined with all previous amendments, increase
the total contract amount from under to over the Mayor's signature threshold
require City Council approval.
ac. Amendments that, either singly or combined with all previous amendments, exceed
10% of the original contract or the Mayor's signature threshold, whichever is less,
require City Council approval
8. THRESHOLD COST NEGOTIATION REQUIREMENTS
The following cost thresholds apply for purchases of supplies, equipment, and non-professional services.
Non-professional services include routine and continuing functions predominately related to physical
activities.
The cost thresholds below do not apply to purchase constituting public works or professional services
(including architectural or engineering services). Refer to Section 13 for situations involving sole source or
emergency purchases.
A. $15,000 10,000 or Less: Direct negotiation
Purchases in this price range may be entered into through direct negotiation. Competition is not required,
though departments should still make every effort to receive the best price possible. Documentation on all
quotes should be retained.
B. $15,001 107000 to $50,000: 3 quotes needed
For purchases in this price range, at least three quotes shall be obtained. Quotes may be obtained by
telephone or in writing. Documentation on all quotes will be retained. The documentation will include the
date, time, vendor contact name, phone number, email (if applicable), price quoted and any reasons for
acceptance or refusal of the quote.
C. $50,001 50,000 or More: Competitive Bids
For purchases in this price range, competitive bids shall be obtained from at least 3 vendors. Bids do not
need to be sealed but shall be in writing. See Section 10 on competitive bidding for a detailed description
of the procedures to be followed.
9. PUBLIC WORKS PROJECTS
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Public works projects are defined by RCW 39.04.010 to include but are not limited to work, construction,
alteration, repair, or improvement (other than ordinary maintenance, engineering analysis, and design and
other professional services) executed at the City's cost, or which is by law a lien or charge on any property
therein. If the City contracts out for maintenance or repairs, the work is a public work for bidding and prevailing
wage purposes.
A. Defining Project Costs
The cost of a public works project includes the costs of materials, supplies, equipment, and labor on the
construction of that project. It is important to determine the estimated total construction of each project in
order to correctly apply bid limit dollar amounts to determine if the public works project must be competitively
bid. If the total project amount is over the bid thresholds, then all contracts, no matter the individual dollar
amount, must be procured through the bid process. The estimate may be prepared by an outside third party;
however, the final cost estimate must be validated by the City.
B. City Labor
The City may use Public Works staff to perform and execute all projects not exceeding $116,155 (multiple crafts), or
not exceeding $75,000 (single craft). RCW35.23.352. These projects include equipment, material, supplies, and
labor costs. However, the City must provide a report to the state auditor of the costs of all public works in excess of
$5,000 that are not let by contract. For any project using City workers that costs in excess of $25,000, the City must
publish a description of the project and its estimated cost in its official newspaper at least 15 days before beginning
the work. RCW 39.04.020.
C. Bid Requirements
Washington State law requires the City to call for bids whenever the cost of a public work will exceed $116,155,
if more than one craft or trade is involved. If only a single craft or trade is involved, or if the project is for street
signalization or street lighting, bids must be called for if the cost is greater than $75,000. The City has
established the following additional guidelines for the bidding process:
1) Public Works Contracts $50,000 or less: Minimal competition.
Place inquiries to 1— 3 qualified firms or individuals describing the desired services, request prices,
schedules and qualifications.
2) Public Works Contracts $50,001 to $300,000: Informal competition.
Select from appropriate consultant roster or other list and ask for proposals.
3) Public Works Contracts $300,001 or more: Formal competitive bidding.
Advertise and call for bids using the formal bid process.
4) Exceptions: If the public works project is funded in whole or in part by Federal funds, a formal bid
process may be required. Refer to the Uniform Guidance procurement standards in 2 CFR § 200.318-
200.327.
1) Public Works vrejects 0 t„ $500: No competitive bidding is needed.
2) Public—Wer-ks Pro ects $50-1 to ,00Solicit 3 informal quotes by telephone or in writing.
3) ,
preferably from the Small Works Roster.
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4) Public Works Projects $10,001 to $35,000: Solicit 3 quotes from the Small Works Roster.
5) Public Works Projects $35,001 to $150,000: Solicit quotes from at least five contractors on the Small
Works Rostcr in a manner that will equitably distribute opportunities.
remaining contractors on the Roster that quotes on the work arc being sought.
7) Exceptions. If the public works project is $250,000 or greater and is funded in whole or in part
with federal funds, a formal bid process is required. This threshold is set by the federal government
at 2 CFR § 200.88 and 48 CFR § 2.101 ("Simplified acquisition threshold") and is subject to periodic
adjustment for inflation pursuant to 41 U.S.C. § 1908.
process.
All contracts are to be awarded to the lowest responsible bidder. RCW 39.04.350 outlines criteria that a bidder
must meet in order to be considered responsible.
D. Small Works Roster
If the public works contract is less than $350,000, state law authorizes cities to use a small works roster process
rather than the general competitive bidding requirements to award public contracts. The City has contracted with
TVIRSC (Municipal Research and Services Center) for the use of a statewide electronic database for small public
works contractors, consulting services, and vendors.
DE. Limited Public Works Process
The limited public works process is a type of small works roster process that applies only to contracts estimated to
cost less than $50,000. While no advertisement is required, the City must still solicit electronic or written
quotations from a minimum of three contractors from the appropriate Small Works Roster. This process is
described in RCW 39.04.155(3) and allows the City to waive the payment and performance bond requirements of
Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW. However, prevailing wage affidavits
and insurance are still required. Consult with the City Attorney for prior approval when waiving both of these
requirements.
E. Prevailing Wages
The City is required by RCW 39.12.040 to require contractors to pay prevailing wages on all public works contracts.
A "Statement of Intent to Pay Prevailing Wages" must be received from a contractor before any payment is made,
and an "Affidavit of Wages Paid" must be received following final acceptance of the work.
F. Bid Deposit, Performance Bond, and Payment Bond
The City may require a bid deposit when soliciting competitive quotes or bids. The bid deposit can be in the form of
a certified check or bid bond in an amount equal to and not less than 5% of the total bid and shall be specified in
the call for bids. All public works contractors shall furnish a performance bond and a payment bond in an amount
equal to the total amount of the contract on a form approved by the City Attorney. In lieu of a performance bond
on contracts of $150,000 or less, a contractor may request to have 10% of the contract retained for a period of 30
days after the date of final acceptance. The request will be evaluated and accepted or rejected by the City
Attorney.
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Gkl. Retainage
Chapter 60.28 RCW outlines the requirements related to retainage. The intent of the retainage is to guarantee that
laborers and material suppliers will be protected for payment of any claims arising under the contract and with
respect to taxes, increases, penalties or liens related to a public improvement project (RCW 60.28). Retainage may
also be used to satisfy tax claims by the Department of Revenue and/or the City, prevailing wage related claims by
the Department of Labor and Industries, unemployment compensation related claims by the Employment Security
Department, and contract performance claims by the City itself. State law requires the City to withhold up to 5% of
the contract price for retainage purposes.
H4. Public Works over $1 Million
RCW 39.30.060 specifies that in order for their bid to be considered responsive, every bidder for a public works
contract of over $1 million must submit (either with their bid or within one hour of the bid submittal time) the
names of all subcontractors that will be used for heating, ventilation and air conditioning, plumbing and electrical
work.
Id. Alternative Public Works Contracting Procedures
Chapter 39.10 RCW permits alternative public works contracting procedures. The State legislature finds
that the traditional process of awarding public works contracts in lump sum to the lowest responsible
bidder is a fair and objective method of selecting a contractor. However, under certain circumstances,
alternative public works contracting procedures may best serve the public interest if such procedures are
implemented in an open and fair process based on objective and equitable criteria. If the City desires to
utilize the alternative procedures, it shall follow the requirements set out in RCW 39.10.
J. Change Order Authority
A change order is a written amendment or modification of a contract for the construction of a capital project,
including, but not limited to, contracts for construction of a public work using alternative public works
processes authorized by state law. The following outlines the Mayor's approval authority only for change
orders that do not materially change the intended scope of the project. Change orders that change the
intended scope of the project or that exceed the cost thresholds outlined below require City Council approval.
1) Capital project under $499,999. The Mayor is authorized to sign change orders on a capital project
where the original construction contract value is under $500,000 to the extent the sum of the
change orders do not exceed 20% of the original contract value.
2) Capital project between $500,000 to $999,999. The Mayor is authorized to sign change orders on
a c pital project where the original construction contract value is $500,000 - $999,999 to the extent
the sum of the change orders do not exceed an amount equal to $100,000 plus 15% of the original
contract value that exceeds $500,000.
3) Capital project between $1,000,000 to $4,999,999. The Mayor is authorized to sign change orders
on a capital project where the original construction contract value is at least one million dollars and
less than five million dollars to the extent the sum of the change orders do not exceed an amount
equal to one hundred seventy-five thousand dollars plus 10% of the original contract value that
exceeds $1,000,000.
4) Capital projects of at least $5,000,000. The Mayor is authorized to sign change orders on a capital
project where the original construction contract value is at least $5,000,000 to the extent the sum of
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the change orders does not exceed an amount equal to $575,000 plus 5% of the original contract
value that exceeds $5,000,000.
4}5)Before or during the course of a particular capital project, the City Council may authorize different or
additional limits for change orders or withdraw the authority granted by this section.
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10. COMPETITIVE BIDDING PROCESS
A. Public Notice
RCW 35.23.352(1) sets out the advertising requirements for the public works bidding process. For all contracts
that require bids, notice shall be published in the official newspaper at least 13 days prior to the due date for
bids.
B. Bid Specifications
Bid specifications should incorporate a clear and accurate description of the technical requirements for the
material, product, or service to be purchased. Such descriptions should not contain features that unduly restrict
competition.
When it is impractical or uneconomical to make clear and accurate description requirements, a "brand name or
equal" description may be used. The responsibility of demonstrating to the City's satisfaction that a product is
"equal" to that specified shall be on the vendor proposing the substitution.
Requests for approval of substitutions must be made with sufficient time to allow the City to adequately review
the proposal, including time for vendors to respond to questions and requests for additional information or
clarification. The City has no obligation to accept proposed substitutions.
Acceptance of a substitute product proposed as an "equal" to that specified will be made in writing. If this
acceptance occurs prior to the bid, other bidders will be notified to the extent practical.
C. Award
The contract will be awarded to the lowest responsive and responsible bidder whose bid meets the
requirements and criteria included in the invitation for bids, or all bids will be rejected. RCW 39.04.350 outlines
criteria that a bidder must meet in order to be considered responsible. The City also requires that the contractor
must:
• Have or agree to obtain a current City business license
• Be current with all applicable licenses, taxes, and fees owed to the City of Tukwila
In addition, the City adopts the following supplemental criteria which may be used in connection with specified
projects:
• The ability, capacity, and skill of the bidder to perform the contract or provide the service required
• The character, integrity, reputation, judgment, experience, and efficiency of the bidder
• Whether the bidder can perform the contract within the time specified
• The quality of performance of previous contracts or services
• The previous and existing compliance by the bidder with laws relating to the contract or services
• Such other information as may be secured having a bearing on the decision to award the contract
When using the supplemental criteria described above, the City will include the supplemental criteria in the
bidding documents, together with a basis for evaluation, deadline for bidder to submit required
documentation, and deadline for bidder to appeal a "not responsible" determination.
When a trade-in option exists and is in the City's best interest, the price offered on the trade-in will be
considered when determining the lowest responsive and responsible bid.
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RCW 39.30.040 allows any local sales tax revenue generated by the purchase to be considered in determining
the lowest responsive and responsible bid. Other preferences favoring local businesses are not permitted.
D. Cancellation
An invitation for bids may be cancelled. Additionally, the City (at is sole discretion) may choose to reject any or
all bids, in whole or in part. A resolution is the preferred method for rejecting all bids; examples may be
found in the City's Digital Records Center or by contacting the City Clerk's Office.
E. Bid Submittal
Bids will be submitted as specified in the Invitation for Bid by the appointed date and time listed in the
invitation. Each bid will be dated, and time stamped as it is received. Late bids will not be accepted. If the bid
is for a sealed bid process, all qualified bids will be opened and read aloud publicly at the appointed time.
No City representative shall inform a contractor of the terms or amount of any other contractor's bid for the
same project prior to the bid opening date and time. Once bids have been submitted (and opened, if the bids
are sealed), the City may not negotiate with bidders. The contract must be awarded to the lowest responsive
and responsible bidder, or else all bids must be rejected.
A written record shall be made of each contractor's bid on a project and of any conditions imposed on the bid.
Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and
available by telephone inquiry.
F. Bid Security
RCW 35.23.352(1) provides that each bid must be accompanied by a bid proposal deposit in the form of a cashier's
check, postal money order, or surety bond to the City Council for at least 5% of the bid amount, including sales tax.
The statute adds that "no bid shall be considered unless accompanied by such bid proposal deposit."
G. Non -Collusion Affidavit
Each bidder shall be required to warrant that their bid is genuine, and that they have not entered into collusion
with other bidders, by submitting with their bid an executed and notarized affidavit on a form approved by the
City Attorney.
11. SERVICE CATEGORIES
There are several different categories of services, so it is important to determine what service you need
because that may guide the manner of solicitation.
A. Professional Architectural and Engineering Services
Professional architectural and engineering (A&E) services are services provided by any person, other than
an employee of the agency, that fall under the general statutory definitions of:
• Chapter 18.08 RCW (Architects)
• Chapter 18.43 RCW (Engineers and Land Surveyors)
• Chapter 18.96 RCW (Landscape Architects)
1) Purchase of A&E services.
By law, A&E consultants are first selected based upon their qualifications as opposed to price. See Chapter
39.80 RCW. This statute says that a city may not consider price in the selection process for professional
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A&E services. Rather, the City must select the most qualified firm and then negotiate a price for the work
contemplated.
There are two ways to select an A&E consultant:
• Use a Request for Proposal (RFP). This requires the City to draft a written scope of the
project and list the criteria used to select the consultant from the City's MRSC architectural,
landscape architectural, and engineering service roster pursuant to the process in Chapter
39.80 RCW.
• Use a Request for Qualifications (RFQ). This requires following the formal RFQ process in
Chapter 39.80 RCW.
Once consultants have submitted their proposals or qualifications, as applicable, the City will negotiate a
contract with the most qualified firm at a price the City deems fair and reasonable. In making its
determination, the City will take into account the estimated value of the services to be rendered as well as
the scope, complexity, and professional nature of the service to be provided. If the City is unable to
negotiate a satisfactory contract with the firm selected at a price that is determined fair and reasonable,
negotiations with that firm will be formally terminated. Another firm will then be selected, and the process
continued until an agreement is reached or the process terminated.
2) Publication.
RCW 39.80.030 requires that the City shall publish in advance the City's requirement for professional
services. The City may comply with this section by: (1) publishing an announcement on each occasion
when professional services provided by a consultant are required by the City; or (2) announcing generally to
the public its projected requirements for any category or type of professional service to create a Consultant
Roster. Advertising for the Consultant Roster must be done at least once a year by MRSC on the City's
behalf. The MRSC Consultant Roster will distinguish between professional architectural and engineering
services as defined in RCW 39.80.020 and other consulting services. Firms or persons providing consulting
services shall be added to the appropriate Roster at any time they submit a written request and necessary
records. The City reserves the right to publish an announcement on each occasion when professional
services or other consulting services are required.
B. Personal Services
Personal services are those provided by independent consultants that require specialized knowledge,
advanced education, and/or professional licensing to provide intellectual service. This includes but is not
limited to accountants, attorneys, strategic planners, studies/analysis, and trainings.
Purchases of Personal Services. Personal services can be purchased in a variety of ways. The City
can send a written solicitation to qualified firms or individuals describing the needed services.
This solicitation should request prices, schedules, and qualifications. If helpful, utilize the MRSC
Consultant Roster. Alternatively, develop a formal RFP and advertise for the services desired.
C. Purchased Services
Purchased services include those provided by vendors for routine, necessary and continuing functions of
the City. These services are usually repetitive, routine, or mechanical in nature, support the agency's day-
to-day operations, involve the completion of specific tasks or projects, and involve minimal decision-
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making. There are a number of purchased services, however, that hover over that thin gray line between
purchased services and public works contracting. For example, the Department of Labor and Industries
considers some service contracts, such as HVAC maintenance or road striping, to be public works projects
and subject to public bidding requirements. If a particular contract is very near the gray line, the
conservative approach is to consider it a public works contract.
Purchases of Purchased Services. Similar to personal services, purchased services can be
procured in a variety of ways. The City can obtain quotes, or use a formal bid, or an RFP. If
obtaining quotes, include request for price, schedules, and qualifications. Evaluate proposals
received and determine the lowest responsive bidder.
12. MATERIALS, SUPPLIES, EQUIPMENT (UNRELATED TO PUBLIC WORKS, SERVICES, A&E)
Distinguishing between public works and materials, supplies, and equipment not used in public works is
important because different bidding requirements apply to each. Some "materials, supplies, and
equipment" not used in connection with a public works project or improvement are fairly easy to identify
(rubber bands, fire trucks, copy machines), as well as many "services." Some materials, supplies, and
equipment are more ambiguous. Other materials, including telecommunications, data processing, and
software have specific purchasing guidelines established in state law.
A. Telecommunications, Data Processing and Software. The State Legislature, recognizing the
unique aspects of computer and telecommunication systems, established an alternative process for making
such purchases. RCW 39.04.270, which is available to all municipalities, allows purchases through use of an
alternative competitive negotiation process requiring, at a minimum, the following steps:
1) A request for proposals (RFP) must be published in a newspaper of general circulation at least
13 days before the last date on which the proposals will be received.
2) The RFP must identify significant evaluation factors, including price, and their relative
importance.
3) The City must provide reasonable procedures for technical evaluation of the proposals,
identification of qualified sources, and selection for awarding the contract.
the City.
4) The award must be made to the qualified bidder whose proposal is "most advantageous" to
5) The City may reject all proposals for good cause and request new proposals.
B. Additional guidance regarding purchases of materials, supplies and equipment can be found in
Section 8. Refer to the Procurement Policy Table in Section 1 of this policy, and ask questions if you are
uncertain.
13. EXCEPTIONS TO THE COMPETITIVE PROCESS
State law provides for exceptions to the bidding requirements outlined in above sections. These exceptions
only waive the competitive bidding requirements, not the contractual requirements, approvals, or
insurance requirements. City staff may not use personal preference as the basis for claiming a single source
of supply.
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Exceptions to the competitive bidding requirements include:
• Purchases that are clearly and legitimately limited to a single source of supply such as:
o Licensed or patented good or service
o Items that are uniquely compatible with existing equipment, inventory, systems, programs or
services
o Meets City standards (i.e. water meters)
o Factory -authorized warranty services
A resolution is the preferred method for sole source purchases; examples may be found in the
City's Digital Records Center or by contacting the City Clerk's Office.
• Purchases involving special facilities or market conditions
o Item is of special design, shape or manufacture that matches or fits with existing equipment,
inventory, systems
o Item will be sold before the City can conduct the bid process when over bid thresholds
• Purchases in an emergency (see TMC Chapter 2.57, "Emergency Management")
A resolution is the preferred method for declaring an emergency as a prerequisite to purchases
during an emergency; examples may be found in the City's Digital Records Center or by contacting
the City Clerk's Office.
• Inter -Governmental Cooperative Purchases
• Purchases of insurance or bonds
• Pollution control facilities and some neighborhood "self-help" projects may be exempt from bidding
requirements
• Cities may hire the state or county to do road projects without going out for bids
• Real property. Acquisition of real property is exempt from the competitive bidding requirements of this
policy. Upon approval of the City Council, the City Administrator may proceed to acquire real property
through negotiation. Such negotiations shall be based upon an independent fee appraisal of the
property.
14. DISPOSAL OF SURPLUS PROPERTY
A. Policy Statement
City assets in excess of $1,500 5-08 that are no longer useable, are no longer of value to the City, or are
surplus to the City's needs may not be removed from City ownership, sold, or in any other way disposed
without a declaration by resolution of the City Council. Similarly, items in excess of $100 that are no longer
useable, are no longer of value to the City, or are surplus to the City's needs may not be removed from City
ownership, sold, or in any other way disposed without approval by the Mayor or City Administrator. All
items of $100 or less may be disposed in accordance with the direction of department directors.
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B. Definitions
City Asset means any tangible item purchased with City funds valued in excess of $100.
TIS Asset means computers and related equipment, fax machines, printers, scanners and copiers, cell
phones, telephone equipment, pagers, software or systems, and anything the Tukwila Technology and
Innovation Services Department is requested or required to install, connect, or service.
C. Procedures
1) Disposal of City property valued less than $499 shall follow this process:
O When a City department determines an item of this value is surplus to its needs, the
department shall notify the Mayor's Office and all other City departments of the item's availability, seeking
first to reassign its use to another City department. TIS Assets shall be exempt from this notification
requirement to City departments other than the Mayor's Office.
a If no other departments are interested in the item, it may be disposed in the method
seen most prudent by the department director. The director should first notify the Mayor's Office and
Finance Department of the intended method of disposal prior to finalizing the process for disposal.
2) Disposal of City property valued at $500 or more shall follow this process:
O Reassignment of Assets. When a City department makes a determination that a City or
TIS Asset with a value of $500 or more is surplus to its needs, the department shall notify the Mayor's
Office. The Mayor's Office shall assess whether the City Asset can be reassigned within another City
department where it can be of use or value. TIS Assets shall be exempt from the requirement to be
reassigned to other City departments.
O Minimum Requirements. If it is not possible to reassign the City Asset or the item is a TIS
Asset, the Mayor's Office shall prepare the asset for a declaration of surplus by the City Council. Each asset
requiring a declaration of surplus must have a value assigned and a recommended method of disposal.
O Methods of Disposal. The primary method of disposal to the general public is by sale.
Recognized methods of sale include direct sale, sealed bid, trade-in or auction. Other methods of disposal
to the general public must be clearly detailed in writing and must have the consent of the City Council.
O Transfer to Another Public Agency. The City Council may transfer a surplus asset to another
public agency upon written request and a determination that it is in the public interest to do so. Such request
shall specify the asset and the inability of the other public agency to otherwise afford to buy it. The City Council
may elect to trade assets, authorize the Mayor to negotiate payment or transfer the asset without compensation.
A resolution is the preferred method for surplussing of City property; examples may be found
in the City's Digital Records Center or by contacting the City Clerk's Office.
3) Additional Requirements:
O Assets over $50,000. If the value of the asset is estimated to be more than $50,000, and
if the sale or conveyance is to another governmental entity, the provisions of RCW Section 39.33.020 shall
apply. This includes several requirements, including a public hearing and certain notice provisions.
O Utility Assets. If the asset was originally purchased for utility purposes, the provisions of
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RCW Section 35.94.040 shall apply. This includes several requirements, including a resolute and public
hearing.
0 Trade -Ins: Trade-in of old equipment to upgrade similar or reasonably related equipment is
permitted when it is in the best interest of the City. The requesting Department Director shall be responsible for
the sale, trade, or other disposition of surplus property and scrap belonging to the City of Tukwila when used for
a trade-in. Trade-ins must be negotiated, documented at "Fair Market Value" by the Department Director, and
declared surplus ahead of time by the City. Fair Market Value can be determined by finding comparable units
that have been sold at online auctions.
0 Other: If the asset proposed as surplus is evidence released by the Court, seized assets or
unclaimed property, the Mayor's Office shall review the appropriate statutes prior to asking the City
Council to declare it surplus.
4) Final Determination of Value
When disposal is made to the general public through direct sale, sealed bid or auction, final
determination of value shall be the highest responsible bid or offer.
5) Prohibited Benefit
It is recognized that City Council members and Mayor are prohibited by state law from benefiting
from the disposal of public assets of the City. Great care should be taken to assure that a perception of benefit
to employees and others doing business with the City does not occur.
6) Delegation of Authority
The City Council may elect to delegate the task of declaring items surplus to the Mayor by amending
or adding to this policy and identifying the conditions thereof within this policy. If such a delegation is made, the
prohibition of benefiting from the disposal of public assets is extended to the Mayor and his/her immediate
staff.
15. ADDITIONAL CONSIDERATIONS
A. Certificates of Insurance
The contractor or consultant may be required to provide the City with a Certificate of Insurance, naming the City
as a primary and noncontributory additional insured with an additional attached endorsement. Insurance
requirements are determined by WCIA (Washington Cities Insurance Authority) and the City Attorney.
B. State Contractor's License
It is unlawful for the City to hire anyone to perform public work on our property that does not have a valid State
of Washington Contractor's License. If someone is not properly licensed, DO NOT HIRE THEM. You may look up
a contractor to determine if they have a valid Contractor's License at via the Washington State Department of
Labor and Industry's website: https://Ini.wa.gov/licensing-permits/contractors/hiring-a-contractor/verify-
contractor-tradesperson-business
C. City Business License
A City of Tukwila business license may be required for any person or business working inside the city limits. See
TMC Title 5, "Business Licenses and Regulations" for specifics.
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16. REFERENCES
Revised Code of Washington (RCW) 39.80 (Contracts for Architectural and Engineering Services)
RCW 39.04 (Public Works)
RCW 39.34 (Interlocal Cooperation Act)
RCW 35A.40 (Fiscal Provisions applicable to Code Cities), 35.23 (Second Class Cities)
Municipal Research Services Center (MRSC) publication: "City Bidding Book —Washington State"
Federal Office of Management and Budget (OMB) Uniform Guidance CFRs: Title 2 CFR 200. et al
City of Tukwila Grants Policy (TBD)
Procurement Card (Pcard) User Manual
City of Tukwila Administrative Policy - Equity Policy
City of Tukwila Administrative Policy 400-05 — Processing of Contracts/Agreements
City of Tukwila Capital Improvement Program Policies and Procedures
17. GLOSSARY
Amendment — Written modification or addition to a purchase order or contract authorized by the appropriate
authority.
Bid — The executed document submitted by a bidder in response to a notice inviting bids, a proposal, or a
request for qualifications.
Bid Bond — A bond or deposit submitted with a bid, for a sum not less than 5% of the bid amount (including sales
tax). Designed to help ensure that a bid has been made in good faith and that the bidder will enter into a contract
if a bid is accepted.
Bidder— A person or legal entity who submits a bid in response to a solicitation.
Competitive Bidding — The submission of prices by individuals or firms competing for a contract, privilege, or
right to supply merchandise or services.
Contract —A verbal or written, legally binding mutual promise between at least two parties.
Designee — A duly authorized and appointed representative of an employee that holds a superior position to
the person appointed to represent him or her.
Emergency — Unforeseen circumstances beyond the City's control that present a real, immediate threat to the
proper performance of essential functions, or that will likely result in material loss to property, bodily injury, or
loss of life if immediate action is not taken.
"Equitably distribute"— Means the City may not favor certain contractors on the appropriate Small Works
Roster over other contractors on the appropriate Small Works Roster who perform similar services.
Lowest (Responsive and) Responsible Bidder — The bidder submitting the lowest price that is also capable of
performing the proposed contract. See also "responsive bidder" and "responsible bidder."
Non -Professional Services or Purchased Services — Services provided by vendors for routine, necessary and
continuing functions of a local agency, relative to a physical activity. Examples include, but are not limited to:
• Courier services
• Janitorial services
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City of Tukwila Purchasing Policy 12 1 20204 12 24
72
• Disposal services
• Vehicle inspection, repair or up -fitting
• Office furnishing installation
• HVAC system maintenance
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City of Tukwila Purchasing Policy 12 1 20204 12 24
73
Ordinary Maintenance — Work not performed by contract and that is performed on a regular basis (daily,
weekly, monthly — but not less than once per year) to service, check or replace items that are not broken. Also
defined as work not performed by contract that is not regularly scheduled, but is required to maintain an asset
so that repair does not become necessary.
Prevailing Wages — The hourly wages, usual benefits, and overtime paid in the largest city in each county to the
majority of workers, laborers, and mechanics. Prevailing wages are established by the Washington State
Department of Labor and Industries for each trade and occupation employed in the performance of public
work. They are established separately for each county, and are reflective of local wage conditions.
Professional Services— Services which provide professional or technical expertise to accomplish a specific study,
project, task, or other work statement. Examples include, but are not limited to:
• Architectural, engineering or design services
• Accounting and auditing
• Bond or insurance brokerage
• Consulting services
• Legal services
• Real estate appraisals or title abstracts
• Relocation assistance
• Surveying
• Soils analysis or coretesting
• Water quality monitoring
Public Work— All work, construction, alteration, repair, or improvement other than ordinary maintenance,
executed at the cost of the City, or which is by law a lien or charge on any property therein.
Quotation — A statement of price, terms of sale, and description of goods or services offered by a prospective
seller to a prospective purchaser, usually for purchases below the amount requiring formal bidding. For
professional service contracts, quotes would typically include the qualifications of the provider and may or may
not include pricing information depending on the situation.
Request for Proposal (RFP) — All documents, whether attached or incorporated by reference, utilized for
soliciting competitive proposals. The RFP procedure permits negotiation of proposals and prices, as distinguished
from competitive bidding and a notice inviting bids. The procedure allows changes to be made after proposals
are opened and contemplates that the nature of the proposals and/or prices offered will be negotiated prior to
award.
Request for Qualification (RFQ) — A document generally used for obtaining a summary of qualification from
prospective providers of professional services.
Responsible Bidder — A person or legal entity who has the capability in all respects to perform in full the
contract requirements, and the integrity and reliability which will assure good faith performance.
Responsive Bidder— A person or legal entity who has submitted a bid conforming in all material respects to the
terms and conditions, specifications and other requirements in a request for bids.
Sealed Bid — A bid which has been submitted in a sealed envelope to prevent its contents from being revealed
before the deadline for the submission of all bids.
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City of Tukwila Purchasing Policy 12 1 20204 12 24
Sole Source— An award for a purchase to the only reasonably known capable vendor due to the unique nature
of the requirement, the vendor, or market conditions.
Specifications — A description of what the purchaser seeks to buy or accomplish — and consequently what a
bidder must be responsive to in order to be considered for award of a contract. May be a description of the
physical or functional characteristics, or the nature of a supply or service. May also include a description of any
requirements for inspecting, testing, or preparing a supply or service item for delivery.
Surplus property— Any tangible, personal property owned by the City that is no longer needed or usable,
presently or in the foreseeable future.
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City of Tukwila Purchasing Policy 12 1 20204 12 24
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76
City of Tukwila
Thomas McLeod, Mayor
Finance Department - Vicky Carlsen, Director
INFORMATIONAL MEMORANDUM
TO: Finance & Governance Committee
CC: Mayor McLeod
FROM: Vicky Carlsen, Finance Director
BY: Tony Cullerton, Deputy Finance Director
DATE: April 22, 2024
SUBJECT: March 2024 General Fund Departmental Budget-to-Actuals Report
SUMMARY
The purpose of the March 2024 General Fund Financial Report is to summarize for the City
Council the general state of departmental expenditures and to highlight significant items. The
following provides a high-level summary of the departmental financial performance. The March
2024 report is based on financial data available as of April 9, 2024, for the period ending March
31, 2024.
Expenditures
General Fund departmental expenditures totaled $18,424,324 million through March, which is
$2.5 million below the allocated budget of $20,938,952 million. Department 20, which transfers
funds to other funds, reported $1,148,595 in activity for the month. In total the General Fund
activity as of the end of March was $19,572,919 million, which is below the allocated budget by
$2.6 million. However, due to ongoing labor negotiations, the $2.6 million dollars under budget
does not represent savings.
Allocated Budget
As of the end of March, all departments except Fire are under their allocated budgets. The
increases are in Contracted Services and the Risk Management program. We first reported
these increases in last month's report. The Contract for Services payment in Feb 2024 was
$170,879 higher than the 2023 Feb payment. Risk Management Program increased $216,740
over the prior year.
% Expended
The end of March represents 25% of the year completed. Three departments have spent over
25% of their annual budget. This is usually a result of large one-time payments that are due in
the first quarter of the year. Finance, Fire and Public Works each reported expenditures greater
than 25% of the year. Finance reported 32.6% spending of their total budget at 25% of the year.
Fire reported 27.4%, and PW/Streets Maint reported 32.2%, at 25% of the year. The increases
1
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INFORMATIONAL MEMO
February 26, 2024
Page 2
are all in the Risk Management Program. This is a reoccurring theme that we have reported
previously.
2024 Compared to 2023
When comparing the current year's spending to the previous year's spending, Finance and Fire
both reported large increases over the prior year. These increases have been previously
explained as increases to the Risk Management Program.
Departmental Variances
Year to Date Department Expenditures Through March 2024:
BUDGET
ACTUAL
Allocated Budget
%
2024
2024
2022
2023
2024
vs Actual
Expender`
$ Change % Change
DEPARTMENT
Annual
Allocated
OVER/(UNDER)
2023/2024
City Council
393,067
98,267
83,193
96,072
83,626
(14,640)
21.3%
(12,446)
-13.0%
Mayor's Office
2,405,513
648,318
482,450
608,658
520,789
(127,529)
21.6%
(87,868)
-14.4%
Administrative Services
5,621,624
1,488,093
988,668
1,166,090
1,188,109
(299,984)
21.1%
22,020
1.9%
Finance Department
4,625,307
1,674,332
1,013,642
1,067,540
1,507,542
(166,789)
32.6%
440,003
41.2%
Rec Dept / Parks Maint
5,808,439
1,568,547
1,090,832
1,207,525
1,140,068
(428,479)
19.6%
(67,457)
-5.6%
Community Dev
5,063,237
1,265,809
1,075,552
1,022,598
934,759
(331,050)
18.5%
(87,839)
-8.6%
Municipal Court
1,859,399
464,850
371,603
401,318
418,229
(46,620)
22.5%
16,911
4.2%
Police Department
24,212,875
6,411,954
4,386,444
5,485,672
5,625,894
(786,060)
23.2%
140,222
2.6%
Fire Department
15,605,441
4,138,551
3,590,156
4,003,969
4,271,387
132,836
27.4%
267,418
6.7%
PW Dept / Street Maint
8,002,142
3,180,231
2,504,742
2,666,068
2,733,918
(446,312)
34.2%
67,850
2.5%
Subtotal
73,597,044
20,938,952
15,587,281
17,725,510
18,424,324
(2,514,628)
25.0%
698,814
3.9%
Non Departmental
5,865,345
1,226,586
1,342,690
1,508,158
1,148,595
(77,991)
19.6%
(359,563)
N/A
Total Expenditures
79,462,388
22,165,538
16,929,971
19,233,668
19,572,919
(2,592,619)
24.6%
339,251
1.8%
% of Year 25.0%
General Fund by Category
Per ordinance, the City adopts a biennial budget by fund. This is the required level of reporting
for external authoritative sources of oversight such as of the Washington State Auditor's office.
This level of reporting is also utilized for the purposes of debt issuance and by other
stakeholders. For managerial reporting and internal use, the city reports activity at the
department level. This provides more details and additional information used by decision makers
within the city and those charged with governess. To provide an enhanced level of reporting,
additional information is being provided for activity by category that reflect an increase of more
than 5% over the prior year AND $50,000, that are part of a Category that is reporting total
activity above the % of Year calculation.
Allocated Budget
All Category totals are within allocated budget.
Expended
Two categories (Services and Capital) reported expenditures greater than 25%. Services
reflected several categories greater than 25%. Professional Services reported 31.7%. This is
a combination of programs from a few different departments.
• Human Services entered into a joint contract with the City of Renton.
• Finance previously reported the increase to the Risk Management Program which falls
under the category of Professional Services.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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INFORMATIONAL MEMO
February 26, 2024
Page 3
• The Fire contract with the Regional Fire Authority is the other contract that attributed to
the increase in Professional Services.
Professional Development reported 38.9% for the quarter but the total increase was less than
$35k. This is a return to onsite training. Examples are travel & training costs, membership fees,
and Police mandatory trainings. Technology Services is reporting 27.4%. Technology Services
is below allocated budget and is currently spending less than in the same period last year. These
costs pertain to the Projects & Capital Improvement Management Program expenditures.
Utilities reflected 58.2% total expenditures at 25% of the year. This number may seem high, but
Utilities are under allocated budget and total spending is only 2.8% higher than the same period
last year. The increase is a result of slightly higher usage in the Pothole & Litter Control
Program.
Repairs and Maint. Svs. was a category that was asked about in the prior month. The majority
of these expenditures are with the Facility Management & Improvement Program. A few
examples are listed below:
• Door replacement $19,308
• Bldg 811 (Community Center) Roof repair $8,768
• Bldg 811 (Community Center) Boiler Repair $2,461
• Bldg 141 (Justice Center) HVAC Repair $11,402
• Bay Door Repair $5,148
Within Capital, Machinery & Equipment finished the quarter slightly higher, at 29.9%. The slight
increase over 25% is previously budgeted expenditures to the Projects and Capital
Improvement Management Program. These are the costs previously explained as capital
software milestone payments and the purchase to replace an outdated folding machine.
$ Change 2023/2024
When comparing changes in spending between 2023 and 2024, Professional Services within
the Services category was the only category that reported a significant increase over the prior
year. We have previously reported the increase are attributed to Contracted Services and the
Risk Management Program.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
79
INFORMATIONAL MEMO
February 26, 2024
Page 4
General Fund
City of Tukwila
General Fund Expenditures
Year -to -Date as of Mar 31, 2024
I BUDGET
ACTUAL
COMPARISON OF RESULTS
2023
Annual
2023
Allocated
2021
2022
2023
Actual Budget
vs Allocated
OVER/(UNDER)
%
Expended
Change
$2023/2024
2023/2024
Salaries
28,083,897
7,020,974
7,354,440
5,768,477
5,254,472
(1,766,502)
18.7%
(514,005)
(8.9%)
Extra Labor
794,977
198,744
66,623
85,173
97,584
(101,160)
12.3%
12,411
14.6%
Overtime
797,180
199,295
623,955
395,104
362,735
163,439
45.5%
(32,369)
(8.2%)
Holiday Pay
250,000
62,500
7,379
1,935
9,236
(53,264)
3.7%
7,300
N/A
FICA
2,299,308
574,827
468,297
471,530
432,083
(142,744)
18.8%
(39,447)
(8.4%)
Pension-LEOFF
690,494
154,124
222,705
128,764
122,586
(31,538)
17.8%
(6,178)
(4.8%)
Pension-PERS/PSERS
1,877,476
469,369
361,482
381,460
304,739
(164,630)
16.2%
(76,721)
(20.1%)
Industrial Insurance
616,066
154,016
170,432
98,829
89,908
(64,109)
14.6%
(8,921)
(9.0%)
Medical & Dental
5,818,916
1,454,729
1,842,989
1,342,590
1,477,017
22,289
25.4%
134,427
10.0%
Unemployment
0
0
168
0
0
0
-
0
N/A
Uniform/Clothing
33,504
8,376
110
470
1,072
(7,304)
3.2%
602
N/A
Total Salaries & Benefits
41,261,818
10,296,953
11,118,580
8,674,331
8,151,432
(2,145,521)
19.8%
(522,899)
(6.0%)
Supplies
640,401
160,100
34,575
67,836
100,466
(59,634)
15.7%
$32,630
48.1%
Repairs & Maint Supplies
420,705
105,176
41,810
57,508
85,394
(19,782)
20.3%
$27,887
48.5%
Resale Supplies
2,580
645
0
0
0
(645)
-
$0
-
Small Tools
228,078
57,020
6,035
21,421
34,337
(22,682)
15.1%
$12,917
60.3%
Technology Supplies
112,364
28,091
8,853
2,764
18,874
(9,217)
16.8%
$16,109
582.7%
Fleet Supplies
7,260
1,815
939
1,004
3,051
1,236
42.0%
$2,047
203.9%
Total Supplies
1,411,387
352,847
92,213
150,533
242,123
(110,724)
17.2%
$91,590
60.8%
Professional Services
23,292,740
7,283,933
1,933,542
6,531,930
7,378,682
94,749
31.7%
$846,752
13.0%
Communications
468,177
117,044
68,708
71,665
105,612
(11,432)
22.6%
$33,947
47.4%
Professional Dev
532,851
179,022
119,222
175,169
207,104
28,083
38.9%
$31,936
18.2%
Advertising
66,716
16,679
186
1,750
9,754
(6,925)
14.6%
$8,004
N/A
Rentals
319,003
79,751
36,349
261,690
25,083
(54,668)
7.9%
($236,606)
(90.4%)
Technology Services
1,081,907
352,164
271,934
355,823
296,138
(56,027)
27.4%
($59,686)
(16.8%)
Utilities
2,387,484
1,516,818
1,291,759
1,351,216
1,389,654
(127,164)
58.2%
$38,438
2.8%
Repairs & Maint Svs.
1,483,739
370,935
498,533
300,744
411,425
40,490
27.7%
$110,681
36.8%
Miscellaneous
701,220
175,305
106,757
96,361
52,932
(122,373)
7.5%
($43,428)
(45.1%)
Total Services
30,333,839
10,091,651
4,326,989
9,146,347
9,876,385
(215,266)
32.6%
730,038
8.0%
Capital Outlay -Land
0
0
0
0
0
0
-
0
-
Other Improvements
0
0
0
0
0
0
-
0
-
Machinery & Equipment
590,000
197,500
49,499
0
176,392
(21,108)
29.9%
176,392
N/A
Construction Projects
0
0
0
0
0
Total Capital Outlay
590,000
197,500
49,499
0
176,392
(21,108)
29.9%
176,392
N/A
Transfers Out
5,865,345
1,226,586
1,342,690
1,262,457
1,126,586
(100,000)
19.2%
(135,871)
N/A
Total Non Operating Expen.
5,865,345
1,226,586
1,342,690
1,262,457
1,126,586
(100,000)
19.2%
(135,871)
N/A
Total Expenditures
79,462,389
22,165,538
16,929,971
19,233,668
19,572,918
(2,592,620)
24.6%
339,250
1.8%
% of Year
25.0%
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
80
INFORMATIONAL MEMO
February 26, 2024
Page 5
Riverton Park United Methodist Church Response (RPUMC)
Total costs to date are $240,964. This is an increase of approximately $20,000 from last month's
report. These expenditures are a combination of consulting services/contracts, employee time,
and services/supplies.
Total Costs (Snapshot)
SNAPSHOT
Object 2023 $ 2024 $ Total
Consulting/Contracts 107,598 15,000 122,598 51%
Salaries/Benefits 55,494 45,864 101,358 42%
Services 0 14,476 14,476 6%
Supplies 0 2,533 2,533 1%
Subtotal 163,092 77,872 240,964 100%
Projected Costs 610,192
Subtotal 610,192
Grand Total 851,156
The City has entered into four contracts for service. The total contract amount is currently
$192,948. Of that total, $122,598 has been spent, leaving a remaining encumbered amount of
$70,350.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
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INFORMATIONAL MEMO
February 26, 2024
Page 6
CONTRACTS
#1 Fencing (Contract)
Initial Contract Amount 15,000
Change Orders 5,000
Total Contract Amount 20,000
Amount Invoiced 18,734
Amount Remaining 1,266
#2 1-2 Strategies (Consultant)
Initial Contract Amount 39,000
Change Orders 61,000
Total Contract Amount 100,000
Amount Invoiced 77,898
Amount Remaining 22,102
#3 Brad Harwood Communications (Consultant)
Initial Contract Amount 60,000
Change Orders 0
Total Contract Amount 60,000
Amount Invoiced 25,966
Amount Remaining 34,034
#4 Cascadia Cleaning & Removal (Contract)
Initial Contract Amount 12,948
Change Orders 0
Total Contract Amount 12,948
Amount Invoiced 0
Amount Remaining 12,948
Consultant/Contracts Summary
Initial Contract Amount 126,948
Change Orders 66,000
Total Contract Amount 192,948
Amount Invoiced 122,598
Amount Remaining - Encumbered 70,350
TOTAL CONTRACT COSTS 122,598
Encumbrances 70,350
CONTRACT GRAND TOTAL 192,948
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
82
INFORMATIONAL MEMO
February 26, 2024
Page 7
Several departments within the City are dedicating staff time to the RPUMC project. Below is a
breakdown at the department level.
Cost by Department
Department 2023 $ 2024 $ Total
Admin Svcs -Administration 123 140 263
City Council 587 352 939
Comm Dev Administration 6,140 5,110 11,250
Community Service & Engagement 2,724 607 3,331
Economic Development 4,009 523 4,531
Emergency Mgmt. 7,317 1,004 8,321
Finance Department 100 1,598 1,698
Golf Course Operations 0 36 36
Mayor's Office Administration 4,240 4,080 8,319
Non -Dept General Government 107,598 32,008 139,606
Park Maintenance 0 806 806
PD Recruiting & Hiring 61 0 61
Police Dept Administration 8,740 9,506 18,246
Recreation Dept -Administration 21,454 21,581 43,034
Tourism -Basic Operations 0 523 523
Total 163,092 77,872 240,964
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
83
INFORMATIONAL MEMO
February 26, 2024
Page 8
Projections
Looking ahead we anticipate the following additional costs.
6 Month Projections (Mar - Aug)
Consulting/Contracts
Future Encumbrances 70,350
Durable Tenting
Initial setup + 28 days 0
Four months lease ($37,265k/Mo.) 150,423
Demobilization + 28 days 50,226
Misc expenditures (6 Mo.) 159,814
Estimated Total 360,463
Salaries/Benefits
Staff Time (6 Mo.) 108,624
Services
Miscellaneous 2,000
Pending Invoices 68,755
Total Projections 610,192
Current Incurred Expenditures 240,964
Ex . ected Total Costs 851,156
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
84