HomeMy WebLinkAboutReg 2012-06-04 COMPLETE AGENDA PACKETTukwila City Counci /Agenda
REGULAR MEETING
Jim Haggerton, Mayor Counci /members: Joe Duff ie Dennis Robertson
David Cline, City Administrator Allan Ekberg Kathy Hougardy
Verna Seal, Council President De'Sean Quinn Kate Kruller
Monday, June 4, 2012; 7:00 PM Ord #2378 Res #1770
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. CITIZEN At this time, you are invited to comment on items not included on this agenda
COMMENT (please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. CONSENT
AGENDA
4. UNFINISHED
BUSINESS
5. NEW BUSINESS
a. Approval of Minutes: 5/21/12 (ReguiarMtg.)
b. Approval of Vouchers.
c. Authorize the Mayor to sign a 5 -year contract with the Xerox Corporation, Pg.1
with a quarterly minimum amount of $3,420.00 for managed print
services. [Reviewed and forwarded to Consent by Finance Safety
Committee on 5122112.]
d. Approve a fireworks permit submitted by Western Display Fireworks, Ltd.,
for a fireworks display at the Family Fourth at the Fort celebration on
July 4, 2012, at the Starfire Sports Complex. [Reviewed and forwarded
to Consent by Finance Safety Committee on 5122112.]
e. Accept as complete the Interurban Avenue South Gravity Sewer Project
(contract #11 -099) with R.L. Alia Construction; authorize release of
retainage, subject to the standard claim and lien release procedures (final
cost of project, including retainage: $664,401.62). [Reviewed and
forwarded to Consent by Utilities Committee on 5130112.]
a. Authorize the Mayor to sign Supplement No. 1 to contract #11 -151 with
KPG, Inc., for design related to the 2012 Annual Small Drainage Program
in the amount of $23,992.79. (Partial use of construction funds for design
costs.) Please refer to 5121112 CO. W. packet, Q
b. Authorize the Mayor to sign an agreement with King County for the
Regional Stormwater Decant Facility Program in the amount of $79,200.00
per year. Please refer to 5121112 C,O.W. packet, Q
c. Authorize the reinstatement of the Project Analyst position in the Mayor's
Office (additional $23,000.00 per year based on 2012 salaries).
Please refer to 5121112 CO. W. packet, Q
6. REPORTS a. Mayor
b. City Council
c. Staff City Administrator Report
d. City Attorney
e. Intergovernmental
7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Pg.17
Pg.35
Pg.43
Pg.45
Pg.47
Pg.49
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your continents to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
continents received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
AGENDA ITEM TITLE
Initials
Meeting Date Prepared by Mayor's review
06/04/12 CZ
ITEM INFORMATION
STAFF SPONSOR: CRAIG ZELLERHOFF
Managed Print Services
Council review
ITEM NO.
3.C.
ORIGINAI, AGENDA DATE: 6/4/12
CATEGORY Discussion Motion/Consent Resolution Ordinance Bid Award Public Hearing Other
Mt
g Date Mt g Date 614112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PW
SPONSOR'S Enter into a contract with Xerox to provide Managed Print Services for the City's
SUMMARY networked printers. The service includes toner, repair, fleet monitoring, monthly stats and
quarterly reviews. Over a 5 year period it is estimated the City will save $57,630 based on
791,250 prints per year.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/22/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
6/4/12
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
6/4/12 I Informational Memorandum dated 5/10/12
Xerox Services and Solutions Service Agreement and attachments
i Minutes from the Finance and Safety Committee meeting of 5/22/12
1�
x
City of Tukwila
Jim Haggerton, Mayor
TO:
FROM:
DATE:
SUBJECT
Mayor Haggerton
Finance Safety Committee
Craig Zellerhoff, Fiscal Coordinator
Mary Miotke, Information Technology Director
May 10, 2012
Managed Print Services
ISSUE
To initiate a Managed Print Services contract with a single vendor to provide printer supplies,
repair services and copier replacements, realizing overall savings to the City.
BACKGROUND
in 2011, the City printed approximately 839,500 pages on a fleet of 87 printers (49 networked
and 38 non networked). Currently, the City purchases toner and provides repairs to the printer
fleet on an as- needed basis. Supplies are primarily purchased from our office supply vendor,
Complete Office. Printer repairs are first diagnosed by the Information Technology staff and
repaired in- house, if possible. If the printer is not repairable by the IT staff the repair is
performed by an outside provider. Printer toner and repair costs for 2011 are as follows:
[Activity
t Printer Toner
in -house Repair
Contracted Repair
Total
C ost
$__26,404_
26,404
I
5,885
2,080
34,369
DISCUSSION
The Finance and Information Technology departments requested a printer fleet analysis to be
performed by QBSI, Konica /Minolta and Xerox to evaluate whether or not a reduction in printer
and repair costs could be achieved. Each vendor performed a walkthrough of the City and
mapped all printer locations by building. Printer page counts were compiled from each of the
network printers over a 30 -day period to perform this analysis. A single Managed Print Services
provider is desired for both printers and copier replacement citywide. The Xerox Company was
selected as the best fit they offered the lowest price quote, are a Tukwila business and
provide the best print solution features to reduce the overall printing costs for the City.
The solution proposed by each vendor is referred to as "Managed Print Services" and provides
printer supplies, repair, fleet monitoring, monthly stats and quarterly reviews. The analysis
results confirmed the City's current printing volumes and costs for comparison to the proposed
costs. The Managed Print Services solution is charged on a per print basis of 1.2 cents per
black and white printed page and 12 cents per color page. The proposed printer and repair
costs are as follows:
3
INFORMATIONAL MEMO
Page 2
Activity,
MPS BW Toner @1.2 cents per page
MPS Color Toner 12 cents per page
Non networked printer toner
Printer Repair
Toner Shipping Charge ($38 per month)
Total
I Pages
695,000
96,250
48,250
Cost
8,340
11,550
2,497
0
456
22,843
FINANCIAL IMPACT
The Managed Print Services solution would require a five -year contract with a quarterly
minimum amount of $3,420. The beginning minimum amount for the contract is based upon an
estimate of 50,000 black and white prints and 4,500 color prints on a monthly basis. The
contract minimums are evaluated and adjusted quarterly to ensure the City is not overpaying for
services. Below is a five -year comparison of total costs and savings:
The aging fleet of copiers used throughout City offices will also be replaced by Xerox on an as-
needed basis, which will result in an additional annual savings of $9,500 per year.
Total savings do not include the staff time previously spent ordering supplies and paying
invoices. Printers are monitored through the network, allowing Xerox to automatically deliver
supplies when levels are low and dispatch technicians for repairs and maintenance when
needed. Xerox will bill the City quarterly by a single invoice, which shall be paid using a City
PCard.
The Xerox Managed Print Services contract can be cancelled at any time by written notice to
end the contract within 90 days.
RECOMMENDATION
The Council is being asked to approve the contract and forward this to the June 4, 2012 consent
agenda for approval.
ATTACHMENTS
Xerox Services and Solutions Service Agreement and associated attachments
4 WA2012 Info Memos Council \Info Memo Managed Print Services Rev2.doc
SERVICES AND SOLUTIONS AGREEMENT xerox
THIS SERVICES AND SOLUTIONS AGREEMENT Number 7123107 -001 "SSA is between City of Tukwila "Customer")
and Xerox Corporation "Xerox
1. SCOPE AND STRUCTURE. This SSA sets forth the terms and conditions under which Customer may establish one or
more Services Contracts for the acquisition in the U.S. of Services, Maintenance Services and Deliverables from Xerox.
Each Services Contract under this SSA constitutes a separate contract and will be assigned its own Services Contract
Number consisting of the above SSA number followed by a three -digit extension. Each Services Contract will be
established when Customer submits and Xerox accepts the first SSO with a new Services Contract Number. Customer
may add Services, Maintenance Services, or Deliverables to an existing Services Contract by issuing additional Orders
referencing the applicable Services Contract Number. Each Services Contract will consist of the applicable terms and
conditions of this SSA, the first SSO and each additional SSO or SOW with the same Services Contract Number. Xerox
may provide Services and /or Products through its U.S. affiliates. Capitalized terms are defined in Section 25 unless
defined where first used.
2. ORDERS.
a. Orders may consist of SSOs, SOWs, and /or POs. Each Order must reference an applicable Services Contract
Number. Unless otherwise provided in an SSO, terms and conditions of such SSO are applicable to all Orders
constituting the applicable Services Contract. Customer POs are for order entry purposes only and will be subject
solely to the terms and conditions of the applicable Services Contract, notwithstanding anything contained in any
such PO at variance with or in addition to the applicable Services Contract.
b. Xerox may accept an Order either by its signature or by commencing performance. Xerox reserves the right to
review and approve Customer's credit prior to acceptance of each Order. Customer authorizes Xerox (or its agent)
to obtain credit reports from commercial credit reporting agencies.
c. Orders may be submitted by hard copy or, in the case of SSOs or POs, by electronic means, and those submitted
electronically will be considered (i) a "writing" or "in writing (ii) "signed (iii) an "original" when printed from
electronic records established and maintained in the ordinary course of business; and (iv) a valid and enforceable
Order.
3. TERM.
a. This SSA is effective when signed by both parties and, unless terminated by either party upon 90 days written
notice, continues for 60 months. If this SSA expires or is terminated, each Services Contract will (i) remain in effect
until the expiration or termination of all Orders constituting such Services Contract, and (ii) be governed by the
terms and conditions of this SSA as if it were still in effect.
b. The term of each Order will be set forth in such Order. If an Order is terminated, the term of remaining Orders will
continue unaltered. The term for each unit of Equipment will be the same number of months as its Order and will
commence on the installation date of said unit.
c. Except as otherwise provided in an SOW or unless either party provides notice of termination at least 30 days
before the end of its term, an Order will automatically renew on a month -to -month basis.
4. PERSONNEL. Xerox personnel engaged hereunder will comply with Customer's internal security and safety policies
that (a) are provided to Xerox in writing, (b) are reasonable and customary, and (c) do not conflict with the applicable
Services Contract. Customer will provide Xerox with reasonable prior written notice of such policies and any changes
thereto. During the term of this SSA and for a period of 1 year thereafter, neither party will, directly or indirectly, actively
solicit the employment of the other party's personnel (including their supervisors) and agents engaged under a Services
Contract. Employment arising from inquiries received via advertisements in newspapers, job fairs, unsolicited resumes,
or applications for employment will not be considered active solicitation. The sole remedy for breach of this restriction is
to receive payment, as liquidated damages and not as a penalty, from the breaching party equal to the individual's then
current annual salary (or the fees paid to an agent in the previous 12 months), within 30 days of the start date of the
individual. Xerox is an independent contractor hereunder.
5. ELIGIBLE AFFILIATES. Customer's Eligible Affiliates may acquire Services, Maintenance Services, and Deliverables
under this SSA. If an Eligible Affiliate establishes a Services Contract, it will be the "Customer' for the purposes of such
Services Contract. If Customer divests an Eligible Affiliate, such divested entity is no longer eligible to establish any
new Services Contracts or to submit any additional Orders under an existing Services Contract.
6. PRICING, PAYMENT, AND TAXES.
a. PRICING. Pricing will be as shown in an Order. Services requested and performed outside Customer's standard
working hours will be at Xerox's then current overtime rate.
b. PAYMENT. Invoices are payable upon receipt and payment must be received within 30 days after the invoice date.
For any payment not received within 10 days of its due date, Customer will pay a late interest charge as allowed
under the State of Washington prompt pay act, RCW 39.76.011. Restrictive covenants will not reduce Customer's
obligations. If an Offering begins partially and /or early, Xerox will bill Customer on a pro rata basis, based on a 30-
day billing month.
Form 52639 (July 2011) Page 1 of 8
JDB (05/2012) WA- 6B -7 -11 C -12D -1424 A -26
5
c. TAXES. Customer will be responsible for all Taxes. Taxes will be included in Xerox's invoice unless Customer
provides proof of Customers tax exempt status.
7. DEFAULT AND REMEDIES. Customer will be in default if Xerox does not receive any payment within 15 days after the
date it is due, or if Customer breaches any other obligation under this SSA or any SSO hereunder. If Customer defaults,
Xerox, in addition to its other remedies (including the cessation of Services), may require immediate payment of (a) all
amounts then due, plus interest on all amounts due from the due date until paid as allowed under the State of
Washington prompt pay act, RCW 39.76.011, and (b) any applicable ETCs. Customer will pay all reasonable costs,
including attorneys' fees, incurred by Xerox to enforce any Services Contract.
8. CONFIDENTIAL INFORMATION. Each party will make reasonable efforts not to disclose the other party's Confidential
Information to any third party, except as may be required by law, unless such Confidential Information: (a) was in the
public domain before, at the time of, or after the date of disclosure through no fault of the non disclosing party; (b) was
rightfully in the non- disclosing party's possession or the possession of any third party free of any obligation of
confidentiality; or (c) was developed by the non disclosing party's employees or agents independently of and without
reference to any of the other party's Confidential Information. Confidentiality obligations set forth herein will expire 1
year after expiration or termination of this SSA or the last effective Services Contract hereunder, whichever is later;
provided however, confidentiality obligations with respect to Xerox Work, Xerox Tools and Xerox Client Tools will not
expire unless (a), (b) or (c) above become applicable thereto. The parties do not intend for Customer to disclose
confidential technical information hereunder, including, but not limited to, computer programs, source code, and
algorithms. Customer will only disclose the same pursuant to a separate written agreement. Upon expiration or
termination of this SSA or the last effective Services Contract hereunder, whichever is later, each party will return to the
other or, if requested, destroy, all Confidential Information of the other in its possession or control, except such
Confidential Information as may be reasonably necessary to exercise rights that survive termination of this SSA.
9. INTELLECTUAL PROPERTY. Customer represents and warrants that (a) it owns the Customer Content and Customer
Assets or otherwise has the right to authorize Xerox to use same to perform Services, and (b) Customer Content will not
contain content that (i) is libelous, defamatory or obscene, (ii) violates any applicable laws, regulations, or (iii) infringes
any third party rights. Customer acknowledges and agrees that Xerox does not undertake any obligation or duty
whatsoever to determine whether Customer Content may be duplicated without violating a third party's copyright.
Xerox, its employees, agents and /or licensors will at all times retain all rights to Xerox Work, Xerox Client Tools and
Xerox Tools and, except as expressly set forth herein, no rights to Xerox Work, Xerox Client Tools or Xerox Tools are
granted to Customer. If required for royalty reporting purposes, Xerox may disclose Customer's name and address to
the third party licensor of certain Xerox Tools. Xerox Tools will be installed and operated only by Xerox. Customer will
have access to data and reports generated by the Xerox Tools and stored in a provided database as set forth in the
applicable SOW, but Customer will have no rights to use, access or operate the Xerox Tools. Xerox may remove Xerox
Tools at any time in Xerox's sole discretion, provided that the removal of Xerox Tools will not affect Xerox's obligations
to perform Services. If Xerox Client Tools are included as part of the Services, they may be used by Customer only in
conjunction with such Services. Customer agrees not to decompile or reverse engineer any Xerox Work, Xerox Client
Tools, or Xerox Tools. Xerox grants Customer a non exclusive, perpetual fully paid -up, worldwide right to use, display
and reproduce Xerox Work and Documentation only as required for use of the Services and Deliverables for Customer's
customary business purposes, and not for resale, license and /or distribution outside of Customer's organization.
Customer may not sublicense any rights granted to Customer hereunder, but may authorize a third party "Designee to
use such rights, solely for Customer's benefit and Customer's internal business purposes. Any Designee operating or
maintaining the delivered solution must be subject to written confidentiality obligations with respect to Confidential
Information that are no less restrictive than those set forth in this SSA. Output of Services is Customer's sole and
exclusive property and Xerox will have no rights therein, except as may be required for Xerox to perform Services.
Assessments are provided for Customer's internal business use only, and not for resale, license and /or distribution
outside of Customer's organization and the implementation of Assessments may not be performed by any third party.
Except as expressly set forth in this Section, no other rights or licenses are granted to Customer. Any rights or licenses
that are granted to Customer will immediately terminate if Customer defaults with respect to any of Customer's
obligations related to such rights or licenses. Xerox reserves the right to terminate such rights or licenses if Customer
defaults under any other obligation under a Services Contract.
10. CUSTOMER RESPONSIBILITIES.
a. Customer will (i) provide the Customer Assets that Xerox needs to perform the Services and (ii) grant sufficient
rights to enable Xerox and its agents to use all Customer Assets and Customer Content.
b. During the term of an Order, Customer will permit access to Customer personnel that Xerox needs to perform the
Services.
c. Equipment prices include standard delivery charges for all Equipment and, for Equipment for which Xerox retains
ownership, standard removal charges. Non standard delivery or removal charges will be at Customer's expense.
d. Customer will legally dispose of all hazardous wastes generated from use of Third Party Hardware and associated
supplies.
11. EARLY TERMINATION.
a. Equipment. Equipment included in an Order is being provided for the entire term of the Order. If, prior to the
expiration of an Order, Customer terminates Equipment or requires Equipment to be removed or replaced, or Xerox
Form 52639 (July 2011) Page 2 of 8
JDB (0512012) M3A- 6B -7 -11 C -12D -1424 A -26
6
terminates the applicable Order due to Customer's default, Customer will pay all amounts due as of the termination
date and the ETCs set forth in the applicable Services Contract.
b. Services. Unless otherwise set forth in an SOW, Customer may terminate or reduce any Services upon 90 days
prior written notice without incurring ETCs. Notwithstanding the foregoing, if any Services are terminated (i) by
Xerox due to Customer's default, or (ii) by Customer and Customer acquires Services from another supplier within 6
months of the termination of such Services, Customer will pay all amounts due as of the termination date and ETCs
equal to the then current MMC for the terminated or reduced Services, multiplied by the number of months
remaining in the term of the applicable Order, not to exceed 6 months.
c. Amortized Services and Third Party Funds. The cost of certain Services, such as consulting and training, may be
amortized over the term of an Order "Amortized Services or Xerox may provide funds to acquire Third Party
Hardware, license Third Party Software, or retire debt on existing Third Party Hardware "Third Party Funds
Amortized Services and Third Party Funds are collectively referred to as "Funds The Funds amount is included in
the MMC. Notwithstanding Section 11.b above, if an Order is terminated prior to expiration for any reason, or if a
unit of Third Party Hardware or any Third Party Software for which Third Party Funds have been provided is
removed or replaced prior to expiration, Customer agrees to pay to Xerox (i) all amounts due as of the termination
date, and (ii) ETCs equal to the remaining principal balance of the Funds, plus a 15% disengagement fee.
Customer will be billed the 15% disengagement fee. Upon Customer's written request, Xerox will issue an
adjustment invoice credit to be applied only against the 15% disengagement fee included in the 3` party or
amortized service order. Customer will maintain the manufacturer's maintenance agreement for any Third Party
Hardware and Third Party Software.
12. INDEMNIFICATION.
a. Each party, at its expense, if promptly notified by the other and given the right to control the defense, will defend the
other from, and pay any settlement agreed to by the indemnifying party or any ultimate judgment for, all claims by
third parties for personal injury (including death) or damage to tangible property to the extent proximately caused by
the willful misconduct or negligent acts or omissions of the indemnifying party, its employees or agents in
connection with this SSA.
b. Xerox, at its expense, if promptly notified by Customer and given the right to control the defense, will defend
Customer from, and pay any settlement agreed to by Xerox or any ultimate judgment for, any claim not identified in
(i) -(vi) below or subject to 12.c. below that any Services or Deliverables (excluding Third Party Products) infringe a
third party's U.S. intellectual property rights. Xerox is not responsible for any non -Xerox litigation expenses or
settlements unless Xerox pre- approves them in writing. Excluded herein are claims arising from or relating to: (i)
Services performed using Customer Assets, Customer Content or other materials provided to Xerox by Customer
for which Customer failed to provide sufficient rights to Xerox; (ii) Services performed, or Deliverables provided, to
Customer's direction, specification or design, (iii) infringement resulting from or caused by Customer's misuse or
unauthorized modification of systems or products; (iv) use of Services or Deliverables in combination with other
products, services or data streams not provided by Xerox if such combination forms the basis of such claim; (v)
Customer's failure to use corrections or enhancements to the Services or Deliverables provided by Xerox; and (vi)
breach of Customer's representations and warranties in Section 9(b). If the use of the Services or Deliverables
(excluding Third Party Products) are enjoined as a result of a claim under this Section, or in the reasonable opinion
of Xerox are likely to be the subject of such a claim, Xerox will, at its option and sole expense, exercise any or all of
following remedies: (w) obtain for Customer the right to continue to use such Services or Deliverables; (x) modify
such Services or Deliverables so they are non infringing; (y) replace such Services or Deliverables with non
infringing ones; or (z) terminate and /or accept the return of such Deliverables and refund to Customer any amount
paid, less the reasonable rental value for the period such Deliverable was available to Customer.
c. Customer, at its expense, if promptly notified by Xerox and given the right to control the defense, will defend Xerox
from, and pay any settlement agreed to by Customer or any ultimate judgment for, all third party claims arising out
of or related to Section 12.b(i) -(vi).
d. The indemnifying party is not responsible for any litigation expenses of the indemnified party or any settlements
unless it pre- approves them in writing. The indemnifying party shall not unreasonably withhold such pre approval.
13. LIMITATION OF LIABILITY. Xerox will not be liable to Customer, in the aggregate, for any direct damages in excess of
the amounts paid by Customer to Xerox during the 12 months prior to the claim or $50,000, whichever is greater; and
neither party will be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out
of or relating to this SSA or any Order hereunder, whether the claim alleges tortious conduct (including negligence) or
any other legal theory. This limitation of liability is not applicable to: (a) any specific indemnification obligations set forth
in this SSA; (b) where either party has (i) exceeded the rights to the other party's intellectual property granted to it under
this SSA, or (ii) misappropriated or infringed the other party's intellectual property under this SSA.
14. ASSIGNMENT. Customer may not assign any of its rights or obligations hereunder. Xerox may assign this SSA and
any Orders hereunder, in whole or in part, without prior notice to Customer. Xerox will not release any credit information
about customer to assignee without Customer's prior written approval. Each successive assignee of Xerox will have all
of the rights but none of the obligations of Xerox pursuant to this SSA. Customer will continue to look to Xerox for
performance of Xerox's obligations hereunder and Customer hereby waives and releases any assignees of Xerox from
Form 52639 (July 2011) Page 3 of 8
JDB (05/2012) WA- 6B -7 -11 C -12D -1424 A -26
7
any such claim. Customer will not assert any defense, counterclaim, or setoff that Customer may have or claim against
Xerox against any assignee of Xerox.
15. FORCE MAJEURE. Except for payment obligations, neither party will be liable to the other for its failure to perform any
of its obligations hereunder during any period in which such performance is delayed by circumstances beyond its
reasonable control. The affected party will notify the other party of each such circumstance.
16. MAINTENANCE SERVICES.
a. Except for Equipment identified as "No Svc Maintenance Services will be provided for the Equipment during
Xerox's standard working hours in areas open for repair service. Maintenance Services excludes repairs due to: (i)
misuse, neglect or abuse; (ii) failure of the installation site or the PC or workstation used with the Equipment to
comply with Xerox's published specifications; (iii) use of options, accessories or products not serviced by Xerox; (iv)
non -Xerox alterations, relocation, service or supplies; or (v) failure to perform operator maintenance procedures
identified in operator manuals. Replacement parts may be new, reprocessed or recovered and all replaced parts
become Xerox's property. Xerox will, as Customer's exclusive remedy for Xerox's failure to provide Maintenance
Services, replace the Equipment with an identical model or, at Xerox's option, another model with comparable
features and capabilities. Notwithstanding anything to the contrary herein, Xerox will have no obligation to replace
Equipment beyond its end of service date. There will be no additional charge for the replacement Equipment during
the initial Term. Unless the applicable Order requires Xerox to provide meter readings, Customer will provide them
using the method and frequency identified by Xerox. If Customer does not provide a meter reading, Xerox may
reasonably estimate the reading and bill Customer accordingly.
b. CARTRIDGES. If Xerox is providing Maintenance Services for Equipment that uses Cartridges, Customer will use
only unmodified Cartridges purchased directly from Xerox or its authorized resellers in the U.S. Failure to use such
Cartridges will void any warranty applicable to such Equipment. Cartridges packed with Equipment and /or
furnished by Xerox as Consumable Supplies will meet Xerox's new Cartridge performance standards and may be
new, remanufactured, or reprocessed and contain new and /or reprocessed components. To enhance print quality,
Cartridge(s) for many models of Equipment have been designed to cease functioning at a predetermined point.
Many Equipment models are designed to function only with Cartridges that are newly manufactured, original Xerox
Cartridges or with Cartridges intended for use in the U.S. Equipment configuration that permits use of non -newly
manufactured original Xerox Cartridges may be available from Xerox at an additional charge.
c. PC/WORKSTATION REQUIREMENTS. For Equipment requiring connection to a PC or workstation, Customer
must use a PC or workstation that either (i) has been provided by Xerox, or (ii) meets Xerox's published
specifications.
17. CONSUMABLE SUPPLIES INCLUDED. If specified in an Order, Xerox will provide Consumable Supplies for
Equipment. Consumable Supplies are Xerox's property until used by Customer, and Customer will (a) use them only
with the Equipment included in the applicable Order, (b) return all Cartridges to Xerox as provided herein, and (c) at the
end of the term of the applicable Order, return any unused Consumable Supplies to Xerox at Xerox's expense using
Xerox supplied shipping labels or destroy them in a manner permitted by applicable law. Should Customer's use of
Consumable Supplies exceed Xerox's published yields by more than 10 Xerox will notify Customer of such excess
usage. If such excess usage does not cease within 30 days after such notice, Xerox may charge Customer for such
excess usage. If Xerox provides paper under a Services Contract, upon 30 days notice, Xerox may adjust paper pricing
or either party may terminate the provision of paper.
18. EQUIPMENT STATUS. Unless Customer is acquiring Previously Installed Equipment, Equipment will be either: (a)
"Newly Manufactured which may contain some recycled components that are reconditioned; (b) "Factory Produced
New Model which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product
previously disassembled to a Xerox predetermined standard, and contains both new components and recycled
components that are reconditioned; or (c) "Remanufactured which has been factory produced following disassembly to
a Xerox predetermined standard and contains both new components and recycled components that are reconditioned.
Xerox makes no representations as to the manufactured status of Third Party Hardware.
19. TITLE, RISK OF LOSS AND PROTECTION OF XEROX'S RIGHTS. Title to Equipment and Third Party Hardware will
remain with Xerox unless purchased by Customer. Risk of loss for the Products will pass to Customer upon delivery.
Customer will keep the Products insured against loss and the policy will name Xerox as Loss Payee. Customer hereby
authorizes Xerox or its agents to file financing statements necessary to protect Xerox's rights to Equipment and Third
Party Hardware.
20. WARRANTIES AND DISCLAIMERS.
a. SERVICES WARRANTY. Xerox warrants to Customer that the Services will be performed in a skillful and
workmanlike manner. If the Services do not comply with the service levels in an applicable SOW, Customer will
notify Xerox in writing detailing its concerns. Within 10 days following Xerox's receipt of such notice, Xerox and
Customer will meet, clarify the Customer's concern, and begin to develop a corrective action plan "Plan As
Customer's exclusive remedy for such non compliance Xerox will either modify the Services to comply with the
applicable service levels or re -do the work at no additional charge within 60 days of finalizing the Plan or another
time period agreed to, in writing, by the parties.
b. THIRD PARTY PRODUCT WARRANTY. For Third Party Products selected solely by Xerox for an Order, Xerox
warrants they will operate substantially in conformance with applicable service levels in the SOW. If, within a
Form 52639 (July 2011) Page 4 of 8
JDB (05/2012) M3A- 613-7 -11 C -12D -1424 A -26
reasonable time after provision of such Third Party Products, they cannot be brought into substantial conformance
with the services levels in the SOW, and such non conformance is a result of Xerox's use of such Third Party
Products, Customer's exclusive remedy is to receive a refund of any fees paid for the non conforming Third Party
Products upon their return to Xerox. Xerox will pass through to Customer any warranties provided to it by the
manufacturer or licensor of Third Party Products to the extent permissible.
c. WARRANTY DISCLAIMER AND UCC WAIVER. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN
THIS SECTION, XEROX MAKES NO OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED; AND
XEROX DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY,
AND ANY WARRANTIES RELATING TO DESIGN, PERFORMANCE, FUNCTIONALITY, OR COMPATIBILITY
WITH CUSTOMER'S SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND AS PERMITTED BY
APPLICABLE LAW, CUSTOMER WAIVES ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY
ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE.
d. The warranties set forth in this SSA are expressly conditioned upon the use of the Services and Deliverables for the
purposes for which they were intended or designed, and do not apply to Services or Deliverables subjected to
misuse, accident, alteration or modification by Customer or any third party (except as specifically authorized in
writing by Xerox). In no event will Xerox be responsible for any failure to perform Services caused by: (i) Customer
Assets, Customer Content, or services, maintenance, design implementation, supplies or data streams provided by
Customer, Customer's agent or service provider to Xerox for use hereunder, (ii) Customer's failure to contract for
the minimum types and quantities of Products required by Xerox to perform the Services, or (iii) Customer's failure
to perform its obligations under Section 10.a. or b.
21. SOFTWARE TERMS.
a. SOFTWARE LICENSE. Xerox grants Customer a non exclusive, non transferable license to use in the U.S.: (i)
Base Software only with the Equipment with which it was delivered; and (ii) Application Software only on any single
unit of Equipment for as long as Customer is current in the payment of all applicable software license fees.
Customer has no other rights to Software. The Base Software license will terminate; (y) if Customer no longer uses
or possesses the Equipment; or (z) upon the expiration of any Order under which Customer has rented or leased
the Equipment (unless Customer has exercised an option to purchase the Equipment). Neither Xerox nor its
licensors warrant that Software will be free from errors or that its operation will be uninterrupted. The foregoing
terms do not apply to Diagnostic Software or to software /documentation accompanied by a clickwrap or shrinkwrap
license agreement or otherwise made subject to a separate license agreement. Third Party Software is subject to
license and support terms provided by the vendor thereof.
b. SOFTWARE SUPPORT. For Base Software, Software Support will be provided during the initial term of the
applicable Order and any renewal period, but not longer than 5 years after Xerox stops taking customer orders for
the subject Equipment model. For Application Software, Software Support will be provided as long as Customer is
current in the payment of all applicable software license and support fees. Xerox will maintain a web -based or toll
free hotline during Xerox's standard working hours to report Software problems and answer Software- related
questions. Xerox, either directly or with its vendors, will make reasonable efforts to: (i) assure that Software
performs in material conformity with its user documentation; (ii) provide available workarounds or patches to resolve
Software performance problems; and (iii) resolve coding errors for the current Release and the previous Release for
a period of 6 months after the current Release is made available to Customer. Xerox will not be required to provide
Software Support if Customer has modified the Software. Maintenance Releases or Updates that Xerox may make
available will be provided at no charge and must be implemented within 6 months. Feature Releases will be subject
to additional license fees at Xerox's then current pricing. Each Release will be considered Software governed by
the provisions of this Section 21 (unless otherwise noted). Implementation of a Release may require Customer to
procure, at Customers expense, additional hardware and /or software from Xerox or another entity. Upon
installation of a Release, Customer will return or destroy all prior Releases. Xerox may annually increase Software
license and support fees for Application Software. For State and Local Government Customers, this adjustment will
take place at the commencement of each of Customer's annual contract cycles.
c. DISABLING CODE. Software may contain code capable of automatically disabling the Equipment. Disabling code
may be activated if: (i) Xerox is denied access to periodically reset such code; (ii) Customer is notified of a default
under a Services Contract; or (iii) Customer's license is terminated or expires.
d. DIAGNOSTIC SOFTWARE. Diagnostic Software is a valuable trade secret of Xerox. Xerox does not grant
Customer any right to use Diagnostic Software. Customer will allow Xerox reasonable access to the Equipment
during Customer's normal business hours to remove or disable Diagnostic Software if Customer is no longer
receiving Maintenance Services from Xerox.
e. TITLE AND RIGHTS. Title and all intellectual property rights to Software and Diagnostic Software will reside solely
with Xerox and /or its licensors (who will be considered third -party beneficiaries of Section 21.a). Customer will not,
and will not allow its employees, agents, contractors or vendors to: (i) distribute, copy, modify, create derivatives of,
decompile or reverse engineer Software or Diagnostic Software; (ii) activate Software delivered with the Equipment
in an inactivated state; or (iii) access or disclose Diagnostic Software for any purpose.
Form 52639 (July 2011) Page 5 of 8
JDB (05/2012) WA- 6B- 7- 11C -12D -1424 A -26
9
22. REMOTE SERVICES. Certain models of Equipment are supported and serviced using data that is automatically
collected by Xerox from the Equipment via electronic transmission from the Equipment to a secure off -site location.
Examples of automatically transmitted data include product registration, meter read, supply level, Equipment
configuration and settings, software version, and problem /fault code data. All such data will be transmitted in a secure
manner specified by Xerox. The automatic data transmission capability will not allow Xerox to read, view or download
any Customer data, documents or other information residing on or passing through the Equipment or Customer's
information management systems.
23. DATA SECURITY. Certain models of Equipment can be configured to include a variety of data security features. There
may be an additional cost associated with certain data security features. The selection, suitability and use of data
security features are solely Customer's responsibility. Upon request, Xerox will provide additional information to
Customer regarding the security features available for particular Equipment models.
24. MISCELLANEOUS. This SSA and the Services Contract(s) hereunder constitute the entire agreement of the parties as
to its subject matter, supersede all prior and contemporaneous oral and written agreements, and will be construed under
the laws of the State of Washington (without regard to conflict -of -law principles). In the event of any conflict between
terms and conditions, the order of precedence will be this SSA, the SSO and the SOW, except where expressly stated
otherwise in this SSA. Customer authorizes Xerox or its agents to communicate with Customer by any electronic means
(including cellular phone, email, automatic dialing and recorded messages) using any phone number (including cellular)
or electronic address that Customer provides to Xerox. In any action to enforce this SSA or any Services Contract
hereunder, the parties agree to the jurisdiction and venue of the federal or state courts in Kings County, Washington. If
a court finds any term of this SSA or any Services Contract to be unenforceable, the remaining terms of this SSA and
the Services Contract will remain in effect. The delay or failure by either Party to enforce any right or remedy under this
SSA or any Services Contract will not constitute a waiver or forgiveness of such right or remedy. Xerox may retain a
reproduction (e.g., electronic image, photocopy, facsimile) of this SSA or any Order, which will be admissible in any
action to enforce it, but only SSA or Order held by Xerox will be considered an original. Except for documentation of
Equipment replaced by Xerox for reasons other than trade -in, all changes to this SSA or any Order will be made in an
amendment signed by both parties. Customer represents that: (a) it has the lawful power and authority to enter into this
SSA, (b) the person signing this SSA or any Order is duly authorized to do so, (c) entering into this SSA will not violate
any law or other agreement to which it is a party, (d) it is not aware of anything that will have a material negative effect
on its ability to satisfy its payment obligations under this SSA or any Services Contract, and (e) all financial information it
has provided, or will provide, to Xerox is true and accurate and provides a good representation of Customer's financial
condition. Each party will promptly notify the other, in writing, of any change in ownership, or if it relocates its principal
place of business or changes the name of its business. The following four clauses will control over every other provision
in a Services Contract: (w) Customer and Xerox will comply with all laws applicable to the performance of its obligations
hereunder, (x) in no event will Xerox charge or collect any amounts in excess of those allowed by applicable law,
(y) any part of a Services Contract that would, but for this Section, be construed to allow for a charge higher than that
allowed under any applicable law, is limited and modified by this Section to limit the amounts chargeable under such
Services Contract to the maximum amount allowed by law, and (z) if in any circumstances, an amount in excess of that
allowed by law is charged or received, such charge will be deemed limited to the amount legally allowed and the amount
received by Xerox in excess of that legally allowed will be applied to the payment of amounts owed or refunded to
Customer.
25. DEFINITIONS.
a. "Application Software" means software and accompanying documentation identified in an Order as "Application
Software
b. "Assessments" means assessment and recommendation reports created by Xerox in the performance of
assessment Services.
c. "Base Software" means software and accompanying documentation provided with Equipment.
d. "Cartridges" means Equipment components designated by Xerox as customer replaceable units, including
copy /print cartridges and xerographic modules or fuser modules.
e. "Confidential Information" means this SSA, Orders and certain business information identified as confidential that
each party may disclose to the other. Customer Content is considered Customer Confidential Information. Xerox
Work, Xerox Tools and Xerox Client Tools are considered Xerox Confidential Information.
f. "Consumable Supplies" means black toner (excluding highlight color toner), black developer, Cartridges and, if
applicable, fuser agent. For full -color Equipment Orders that include Consumable Supplies, Consumable Supplies
also includes, as applicable, color toner and developer. For Equipment identified as "Phaser", Consumable
Supplies may also include, if applicable, black solid ink, color solid ink, imaging units, waste cartridges, transfer
rolls, transfer belts, transfer units, belt cleaner, maintenance kits, print Cartridges, drum Cartridges, waste trays and
cleaning kits.
g. "Customer Assets" means all hardware, software and or workspace owned, leased, rented, licensed and /or
controlled by Customer, and any services used by Customer that Xerox needs to use or access to enable Xerox to
perform the Services.
h. "Customer Content" means documents, materials and data provided in hard copy or electronic format by Customer
to Xerox containing information about Customer and /or Customer's clients.
Form 52639 (July 2011) Page 6 of 8
10 JDB (05/2012) MM- 613-7 -11 C -12D -1424 A -26
i. "Deliverables" means Products, Output of Services, Assessments and Documentation.
j. "Developments" means items created by Xerox and its employees, agents, and /or licensors, including, but not
limited to, computer programs, code, reports, operations and procedures manuals, forms, design or other works of
authorship or materials, in the course of performing Services.
k. "Diagnostic Software" means software used by Xerox to evaluate or maintain the Equipment.
I. "Documentation" means all manuals, brochures, specifications, information and software descriptions, in electronic,
printed, and /or camera -ready form, and related materials customarily provided by Xerox for Customer's use as part
of the Services.
m. "Eligible Affiliate" means any domestic entity which controls, is controlled by, or is under common control with
Customer. Control (including the terms controls, controlled by and under common control with) means direct or
indirect power to direct the management and policies of an entity.
n. "Equipment" means Xerox -brand equipment.
o. "ETCs" means early termination charges paid by Customer in the event of early termination, for loss of bargain and
not as a penalty, as more fully defined in this SSA or the applicable Services Contract.
p. "Feature Releases" means new releases of Software that include new content or functionality.
q. "Maintenance Releases" or "Updates" means new releases of Software that primarily incorporate compliance
updates and coding error fixes.
r. "Maintenance Services" means the services provided by Xerox (or a designated servicer) to keep the Equipment in
good working order.
s. "MMC" means the Monthly Minimum Charge identified in an Order which, along with any Additional Impression
Charges, covers the cost for the Services, Products and Maintenance Services. The MMC may also include lease
buyout funds, Third Party Funds, supplemental funds, monthly equipment component amounts, remaining
Customer obligations from previous contracts, amounts being financed or refinanced, and Amortized Services.
One -time items are billed separately from the MMC.
t. "Order" means any (i) SSO, (ii) SOW which references an applicable Services Contract Number and is signed by
Customer and Xerox, or (iii) PO.
u. "Output of Services" means electronic images created by scanning tangible documents containing Customer
Content, or the content of any reports and other materials, created by Xerox specific to and for Customer per the
applicable Order, but does not include software.
v. "PO" means a Customer issued purchase order accepted by Xerox that references an applicable Services Contract
Number.
w. "Pre- existing Work" means items used or incorporated into the Services or Deliverables, or developed or acquired
by Xerox independent of performing the Services.
x. "Products" means, collectively, Consumable Supplies, Equipment, Software and Third Party Products.
y. "Releases" means, collectively, Maintenance Releases, Updates and Feature Releases.
z. "Services" means managed services (e.g. copy center and mailroom services), consultative services, and /or
professional services, including, but not limited to, assessment, document management, imaging and language
translation services.
aa. "Services Contract" means this SSA together with one or more Orders designated by the same Services Contract
Number.
bb. "Services Contract Number" means a 10 -digit number assigned by Xerox to each Services Contract.
cc. "Software" means Application Software and Base Software.
dd. "Software Support" means the support and maintenance of software provided by Xerox (or a designated servicer).
ee. "SSO" means a Services and Solutions Order issued by Xerox pursuant to this SSA.
ff. "SOW" means a statement of work describing Services and Deliverables which (i) is incorporated by reference into
an SSO, or (ii) references an applicable Services Contract Number and is signed by Customer and Xerox.
gg. "Taxes" means all taxes, fees or charges of any kind (including interest and penalties) assessed by any
governmental entity on this SSA or any Order hereunder or the amounts payable to Xerox under this SSA or any
Order. Taxes do not include personal property taxes in jurisdictions where Xerox is required to pay personal
property taxes, or taxes on Xerox's income.
hh. "Third Party Funds" is defined in Section 11.c.
ii. "Third Party Hardware" means non -Xerox brand equipment.
jj. "Third Party Products" means, collectively, Third Party Hardware and Third Party Software.
kk. "Third Party Software" means non -Xerox brand software.
Il. "U.S." means the United States and its territories and possessions.
Form 52639 (July 2011) Page 7 of 8
JDB (05/2012) M3A- 613- 7- 11C -12D -1424 A -26
11
mm. "Xerox Client Tools" means certain Xerox proprietary tools (including any modifications, enhancements,
improvements and derivative works) that are owned by Xerox and are licensed to Customer for its use under an
accompanying click wrap license agreement.
nn. "Xerox Tools" means certain Xerox proprietary tools (including any modifications, enhancements, improvements
and derivative works) used by Xerox to provide certain Services.
oo. "Xerox Work" means, collectively, Developments and Pre Existing Work.
26. FUNDING. This provision is applicable to governmental entities only. Customer represents and warrants that all
payments due and to become due during Customer's current fiscal year are within the fiscal budget of such year and are
included within an unrestricted and unencumbered appropriation currently available for the acquisition of the Products,
and it is Customer's intent to use the Products for the entire initial term and to make all payments required under the
Agreement or an Order. If (a) through no action initiated by Customer, Customer's governing body does not appropriate
funds for the continuation of the Agreement or an Order for any fiscal year after the first fiscal year and has no funds to
do so from other sources, and (b) Customer has made a reasonable but unsuccessful effort to find an assignee within
Customer's general organization who can continue the Agreement or an Order, the Agreement or the Order may be
terminated. To effect this termination, Customer must, 30 -days prior to the beginning of the fiscal year for which
Customer's governing body does not appropriate funds for the upcoming fiscal year, notify Xerox that Customer's
governing body failed to appropriate funds and that Customer has made the required effort to find an assignee.
Customers notice must certify that canceled Equipment is not being replaced by equipment performing similar functions
during the ensuing fiscal year. Customer agrees to release the Equipment to Xerox and, when returned, the Equipment
will be in good condition and free of all liens and encumbrances. Customer will then be released from any further
payments obligations beyond those payments due through the end of the funded fiscal year.
City of Tukwila
Signature Signature
Name (please print) Name
Title Title
Address Address
Date Date
XEROX CORPORATION
Form 52639 (July 2011) Page 8 of 8
12 JDB (05/2012) MM- 6B- 7- 11C -12D -1424 A -26
xerex
Xerox Print Services Addendum
THIS XEROX PRINT SERVICES ADDENDUM "XPS Addendum amends Services Contract No. 7123107 -001 "XPS Services Contract under Services
and Solutions Agreement No. 7123107 "SSA between City of Tukwila "Client and Xerox Corporation "Xerox to add the printers identified in Exhibit B of
this XPS Addendum "Managed Devices to the XPS Services Contract.
1. BREAK FIX SERVICES. Except for Other Devices identified as "Supplies Only" in Exhibit A of this XPS Addendum, Xerox will provide Break Fix Services
for the Managed Devices. Break Fix Services may be initiated by the Tools for Networked Laser Devices, or by Client calling the Xerox Help Desk. If a
Managed Device failure cannot be resolved remotely, Xerox will dispatch a service technician to perform on -site Break Fix Services during the hours
identified in the SOW or DOS, as applicable. Break -Fix Services exclude repairs due to: (i) misuse, neglect, abuse or operation of a Managed Device
outside of original equipment manufacturer "OEM specifications; (ii) failure of the Client PC to comply with the OEM's published specifications; (iii) act of
God or other force majeure event; (iv) relocation, alterations, or use of options, accessories, service or supplies not provided by Xerox; (v) failure to perform
any Client responsibilities identified in the SOW or DOS, as applicable; or (vi) acts or omissions of Client or any party not affiliated with Xerox. Technicians
are not dispatched for preventative maintenance or cleaning. Replacement parts may be new or used and all removed, replaced parts become Xerox's
property. If a maintenance kit or drum is required to repair a Managed Device, the Xerox authorized service representative will order and install the drum or
maintenance kit component(s). Maintenance kits and drums may be included in pricing for certain device types as identified in Exhibit A.
2. SUPPLIES. Xerox will furnish toner and ink "Supplies'), as applicable, for the Managed Devices as identified in Exhibit A. Supplies may be new,
remanufactured or reprocessed. Supplies are Xerox's property until used by Client, and Client will use them only with the Managed Devices. Upon
request, Client will provide an inventory of Supplies in its possession. Upon expiration or termination of this XPS Addendum Client will, at Xerox's option
and expense, return any unused Supplies to Xerox, permit access to its facilities to permit collection, or dispose of them as directed in writing by Xerox.
3. XPS SERVICES. In addition to Break Fix Services and Supplies, Xerox will perform the Xerox Print Services "XPS Services described in the Xerox Print
Services Statement of Work "SOW or in the Xerox Print Services Description of Services "DOS attached to the Services Contract, as applicable, for
the Managed Devices.
4. CLIENT RESPONSIBILITIES. Client will perform the Client responsibilities identified in the SOW or DOS, as applicable.
5. PRICING. The pricing for XPS Services for the Managed Devices is identified in Exhibit A. Xerox may adjust pricing annually, or as identified in Exhibit A.
6. TERMINATION. Either party may terminate the XPS Services, without penalty, upon not less than 90 days written notice.
7. INVOICE TIMING. Client will be invoiced for XPS Services for the Managed Devices as follows.
a. Networked Laser Devices: Except for the partial month following the Services Commencement Date, the Monthly Minimum Charge "MMC identified in
Exhibit A is billed monthly in advance, beginning with the first full month following the Services Commencement Date and continuing through the end of
the month in which any termination effective date occurs. The table below shows how the MMC is billed for the partial month following the Services
Commencement Date.
Services Commencement Date: I MMC billed for the partial month:
On or before the 15th of the month 150% of MMC
After the 15th of the month No MMC
b. Networked Laser Devices: The Excess Charge per Impression "ECI identified in Exhibit A is billed in arrears on a quarterly basis for all impressions in
excess of three times the Monthly Minimum Print Volume "MMPV identified in Exhibit A. Color and mono impressions are billed based on color and
mono meter data collected. The table below shows how the ECI is billed based on the Services Commencement Date.
Services Commencement Date occurs during: I ECI is billed for impressions in excess of:
First month of a Quarter I Three times the MMPV
Second month of a Quarter I Two times the MMPV
Third month of a Quarter I The MMPV
c. Non Networked Laser and Other Devices: The MMC identified in Exhibit A is billed monthly in advance, beginning the first month following the Services
Commencement Date and through the end of the month in which any termination effective date occurs.
8. REMOTE SERVICES. Certain Networked Laser Devices are supported and serviced using data that is automatically collected by Xerox from such devices
via electronic transmission to a secure off -site location. Examples of automatically transmitted data include product registration, meter read, supply level,
device configuration and settings, software version, and problem /fault code data. All such data will be transmitted in a secure manner specified by Xerox.
The automatic data transmission capability will not allow Xerox to read, view or download any Client data, documents or other information residing on or
passing through such devices or Client's information management systems.
9. MISCELLANEOUS. The terms and conditions in this XPS Addendum are applicable only to the Managed Devices covered under this XPS Addendum and
are not applicable to any other Products under the XPS Services Contract or any other Services Contract under the SSA. Capitalized terms that are not
defined in this XPS Addendum have the meaning assigned to them in the SSA, the XPS Services Contract or, as applicable, the SOW or DOS. Except as
set forth above, the XPS Services Contract will continue in full force and effect. In the event of a conflict between the terms of the XPS Services Contract
and this XPS Addendum, this XPS Addendum will control.
IN WITNESS WHEREOF, duly authorized representatives of Client and Xerox have executed this XPS Addendum.
City of Tukwila
By:
Name:
Title:
Date:
Form 52643 XPS 2.0 SSA (4 -1 -12)
XEROX CORPORATION
By:
Name:
Title:
Date:
XEROX CONFIDENTIAL
13
14
City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE Meeting Minutes
May 22, 2012 5:15p. in.; Conference Room 43
PRESENT
Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller
Staff: Peggy McCarthy, Derek Speck, David Cline, Mary Miotke, Gail Labanara, Kim Gilman,
Craig Zellerhoff and Kimberly Matej
Guests: Chuck Parrish, resident
CALL TO ORDER: Chair Quinn called the meeting to order at 5:18 p.rn.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Fireworks Permit: Familv 4"' at the Fort
Staff is seeking Council approval of a Fireworks Permit Application submitted by Western Display
Fireworks, Ltd. for the fireworks display at the City's annual 4th of July celebration at Fort Dent.
This year, the City has selected a different vendor, Western Display Fireworks Ltd., and will be relocating
the launch site in order to protect and reduce the likelihood of damage to the turf sports fields located at
Starfire. Additionally, this relocation is expected to reduce clean -up time due to increased accessibility.
Committee Members had several questions regarding the change in vendor, costs associated with the
contract and event (i.e.: overtime), and other event specifics, which are most appropriately answered by
Parks Recreation staff. Since this item is addressing the permit only portion, the Committee would like
to forward on the permit to the June 4 consent agenda. However, they have requested that Parks
Recreation staff return to the next Finance Safety Committee meeting to provide an update on the new
vendor and other specifics of the Family 0' at the Fort events. UNANIMOUS APPROVAL.
FORWARD TO JUNE 4 CONSENT AGENDA FOR PERMIT. RETURN TO COMMITTEE AS
INFORMATION ONLY TO REVIEW VENDOR CONTRACT.
B. Contract: Manaved Print Services
Staff is seeking Council approval to enter into a contract with the Xerox Company for managed print
services which will provide printer and copier supplies, repairs, maintenance, replacements as needed.
This five -year contract will cost a minimum $3,420 quarterly for a pre estimated number of copies, but
will be evaluated and adjusted based on actual print numbers as appropriate.
Based on staff research and a printer fleet analysis performed by several vendors, Xerox was the lowest
cost provider and has been identified as the best vendor to provide these services to the City. Since the
Xerox Company is an approved State contract there is no requirement to proceed through the RFP
process. The anticipated annual savings on the purchase of toners alone is $4,500 and another $8,000 for
repairs. Additional savings will also be seen in replacement costs, staff time and processing. This contract
can be cancelled at any time by written notice to end the contract within 90 days. UNANIMOUS
APPROVAL. FORWARD TO JUNE 4 CONSENT AGENDA.
C. Reserve Policy Revisions
Staff is seeking Committee approval of draft revisions to City's Reserve Policy 300 -15. The current
reserve policy was adopted in December 2009, and was revised this past April to include Self- Insured
Healthcare plan contingency reserve levels.
15
16
AGENDA ITEM TITLE
CATEGORY Discussion
Mtg Date
COUNCIL A GE1
Initials
Meeting Date Prepared by Mayors review
06/04/12 DT
ITEM INFORMATION
STAFF SPONSOR: DON TOMASO
Family at the Fort Fireworks Display Permit
Motion/Consent Resolution
Mtg Date 06104112 Mtg Date
VDA SYNOPSIS
ITEM NO.
Council review
3.D.
ORIGINAL AGENDA DATE: 6/4/12
Ordinance Bid Award
Mtg Date Mtg Date
Public Hearing Other
Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S Approval of the Fireworks permit for the upcoming Family at the Fort event sponsored by
SUMMARY Tukwila Parks and Recreation Department on July 4, 2012
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/22/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Don Tomaso, Fire Marshal, Fire Department
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
6/4/12
MTG. DATE
6/4/12
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 5/16/12 with permit conditions
Map of Starfire Facility
Western Display Application and required documentation
Minutes from the Finance and Safety Committee meeting of 5/22/12
17
lE'3
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Nick Olivas, Fire Chief
BY: B/C Don Tomaso, Fire Marshal
DATE: May 16, 2012
SUBJECT: Fireworks Permit for 4 th of July at Starfire
ISSUE
Require City Council approval for the annual fireworks permit for the Tukwila Parks and
Recreation Family 4 th at Starfire Sports Complex.
BACKGROUND
The City of Tukwila has been sponsoring a family oriented 4 th of July celebration for the last 11
years. This is one of the most successful City sponsored events in terms of public attendance
and participation. This event will draw in excess of 5,000 people to the park to view and
participate in the festivities scheduled by Parks and Recreation.
DISCUSSION
This year Parks and Recreation has selected a new fireworks company, Western Display
Fireworks, Ltd., a company with 60 years of experience in public displays. We have changed
the location to avoid protecting the sports turf fields in the Northeast corner of the facility. The
new fireworks discharge location will be in the Southwest corner of the facility on the natural
grass fields. Additionally, the largest aerial shell will be reduced from 6" to 3 this allows for a
smaller safety perimeter. Western Display has also proposed several ground displays that the
crowd will be able to see when looking south.
FINANCIAL IMPACT
This event is funded by the Parks and Recreation Department.
RECOMMENDATION
The Council is being asked to approve the contract and forward this to the June 4, 2012 consent
agenda for approval.
ATTACHMENTS
Chief Olivas Informational Memo
Fireworks application and Western Display Fireworks, Ltd paper work
Fireworks permit conditions
19
20
;f �•.11'I1.
City of Tukwila
Fire Department
Date: May 16, 2012
To: Chief Olivas
From: B/C Tomaso, Fire Marshal
Re: Public Fireworks Display Permit
Jim Haggerton, Mayor
Nicholas J. Olivas, Fire Chief
I have reviewed the permit application information provided by Western Display
Fireworks, Ltd. They have applied for the permit for a public fireworks display at the
Starfire Sports Complex, 14600 Starfire Way. Western Display is a licensed Pyrotechnic
Company with the State of Washington and with the Bureau of Alcohol, Tobacco and
Fire Arms.
The display will be held in conjunction with the City's planned event on the 4 of July,
"Family Fun at the Fort", being organized by the Parks and Recreation Department. This
will be a 30 to 40 minute show starting at approximately 2200 hours. The fireworks will
be transported to the site in the AM of July 4 and will be under the required supervision
until they are discharged. The mortar tubes and other equipment will be brought to the
location on July 4 as well.
The application was reviewed to WAC 212 -17 and accepted industry standards, and we
find everything is within these guidelines.
This year the display has been moved from the Northeast corner of the facility, to the
Southwest corner of the facility. This change has eliminated the concerns regarding the
railroad right of way, Seattle Sounders FC practice fields and the limited access this
allows. In addition, we will no longer have a portion of the fallout area within the City of
Renton. We will however, have a small portion of the 6720 Fort Dent Way Office
building within the South edge of the fallout zone.
Crowd control can be a potential issue, as the crowd that assembles to watch the fire
works show has increased each and every year. Last year the traffic leaving the site
was managed with the available Tukwila Police on site and available patrol units. To
mitigate these issues I believe the following measures should be done:
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
21
City of Tukwila
Page 2
Stage two fire apparatus at the site: one apparatus on each side of the river in order to
cover the 6720 Fort Dent Office building. Apparatus shall be out of service during the
display and for 30 minutes following the display.
Have Tukwila Police provide crowd control during the public display. A minimum of 4
officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave
intersection to expedite traffic flow. (2 additional Tukwila Police shall be available to
respond to the site if requested.)
Comply with Fire Works Permit Conditions attached.
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
22
To
From
Re:
Date
City of Tukwila Jinn Haggerton, Mavor
Fire Department Nicholas J. Olivas, Fire Chief
FIREWORKS PERMIT CONDITIONS
Western Display Fireworks, Ltd.
B /C. Tomaso, Fire Marshal
July 4 th Fireworks display, 14600 Starfire Way, Tukwila, WA 98168
May 16, 2012
1. Notify Washington State Patrol at 425 649 -4658.
2. Notify FAA specialist at 425 227 -2536 or 425 227 -2500.
3. Establish Safety perimeter a minimum of 30 minutes prior to display start.
4. Have Pyrotechnicians in visible uniform clothing.
5. No Pyrotechnics to be brought to site prior to the day of the display.
6. All personnel inside the safety perimeter shall use Personnel Protective equipment as
outlined in NFPA 1123.
7. Only Pyrotechnicians, Safety Monitors and Fire Watch personnel will be within the
safety perimeter.
8. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from
transport vehicle. (2A 20 BC Minimum Size)
9. 4 Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of
the display for crowd control and shall remain for a minimum of 30 minutes past the end
of the display or the crowd disperses. (2 additional Tukwila Police officers shall be
available to respond to the site if requested.)
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
23
City of Tukwila
Page 2
10. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic
shells.
11. Tukwila Fire Department shall inspect all static displays upon completion of set up.
12. Two Tukwila Fire Department apparatus shall be on location prior to the start of the
display. (One will be an overtime staffed Engine)
13. Two additional overtime firefighters will be the designated fire watch personnel assigned
to the Starfire turf practice fields.
14.Any breech of the safety perimeter shall suspend the display until the perimeter is
cleared and re established.
15. Upon completion of the display, the fallout area shall be checked for unexploded shells.
Cleaning of debris, if not practical on the night of the event shall be at first light the next
day.
16. No combustible materials shall be stored inside the safety perimeter.
Headquarters Station: 444 Andover Park East Tukwila, Washington 98188 Phone: 206 -575 -4404 Fax: 206 -575 -4439
0
HISTORY western Display Fireworks is a fourth generation family owned and operated company providing
spectacular fireworks productions throughout the Northwest and beyond for over 64 years. Our experience,
coupled with our commitment to using the latest technology, has made us the largest aerial display company in
the Northwest.
SAFETY we maintain an unparalleled safety record, accomplished through annual safety training classes
offered to nurpyrotechnicians, Me departments and law enforcement ag*noies. Each year classes review
changes to Federal DOT and ATF regulations, National Fire Protection Association (NFPA) and state statutes.
Strict adherence to these regu|aC|ons, in addition to state-of-the-art equipment and firing methods ensures
that we are providing the safest event possible for our clients.
EXPERIENCE western Display Fireworks produces hundreds of shows annually. These displays include
some of the largest in the United States. A few of our distinguished events include:
TELES|SCK]RP0RAT|()N
Seattle 3eahavvks and Sounders
9311 SE 36th St,oet, Suite 210
Mercer Island, YVA98o40
Bri and John Morrison, Owners
206-940'3071
TACOMA EVENTS COMMISSION
Tacoma Freedom Celebration
4lo8'E, Bridgeport Way VV
University Place, VvA98405'432o
Doug Miller, Executive Director
253-753-3340
MACY'S CORPORATE SERVICES, INC.
Maoy'sStadightingCelebration
Third Pin*. 7th Floor
Seattle, WA 8810
Denise Hinton' Manager Special Projects
503-248-548e
VANCOUVER NATIONAL HISTORIC RESERVE
4th of July at the Historic Reserve
750 Anderson Street
Vancouver, Nx\98G6l
Bson3trahan'President
360-992-1800
PORTLAND ROSE FESTIVAL AS$OC|AT|(}N
Portland Rose Festival
Opening Night Fireworks
l02OSVY Naito Parkway
Portland, Os972n4
Jeff Curtis, Executive Director
603-227'2681
SAFEWAY\NATEAFR(}MT BLUES FESTIVAL
Fuller Promotions
795S\w83rd. Portland nR9722S
Clay Fuller, Owner
503-297-2700
27
western display fireworks aerial map
EXACT LOCATION OF PROPOSED DISPLAY
LO CATION
8tarfire Sports Complex, 148DO5tarfire Way, Tukwila, VVA9OlOO
DATE TIME
7/4/I2 10:00pnm
NUMBER AND KINDS 'OF FIREWORKS TO BE DISPLAYED
(Z) 1" multi-shot cakes (1) 1.2" multi-shot cake
(1) l.25" multi-shot cake
(2) 1.6" multi-shot cakes
(Z) 1.5" multi-shot cakes
(10) 2" multi boxes
(3) 2.5" multi-shot boxes (76) 2.5"shells (472) 3" shells
Western Display Fireworks, Canby, OR 97O13—ATF Approved Magazine
SIG NAVRE OF LICA T'
LRESO� 4-IBI 0
BONDING on INSURANCE COMPANY (Mark One)
Biggs Insurance Services Bond or certificate m insurance attached
aounenn Bond u,"omona�^/movmnceonn|pvwmmw
State Fire
Bond or certificate vr insurance shall provide mm| of
$au.onm$1.ovn.ono bodily injury liability for each person and event,
PO Box 1B9 Vancouver, WA 98666 respectively, and $25.uon property uamooa
PART If i
|n accordance withdheprovxionsofRCVV7l77andapp|icobeloca|urdinanueo.UhispormbiogrenK*d\000nducto
fireworks display aa per the above application.
NAME:
(Full name m person, firm, of' corporation granted permit)
RESTRICTIONS:
Permit not valid without verification of (Signature m Official granting permit)
the appropriate State Fireworks License
LICENSE NUMBER: C
(Instructions on rev side
3000-420-050 (R02m5) Distribution: WHITE (A): Local Fire Authority; YELLOW (8): Pennitem
APPLICATION
|n^r OF APPLICATION
PART
W- 1 3 FOR PUBLIC FIREWORKS DISPLAY PERMIT
r;!1/17
TO: Gmvemning body of city, town, or county in which display is to be conducted.
APPLICANT`'
mxme
I xoonsoa
pnnwe
Western Display Fireworks, Ltd
P[) Box 932, Canby, _OR_97013
(503) 656-1999
SPONSOR
Tukvvi|aParks Rec. Dept.
Aoonsaa
lZ42442 Ave. South �Tukwila, VVA98l68
p*nme
206-768'2822
|PYROTECHNIC OPERATOR
i
m^Ms
Aooncoo m
LICENSE ft
Philip Hovvitt
13811 70 Ave. East Puyallup VVAg8�7�
255-536
NAME OF ASSXSTANTS: (at|east one required)
wxMs
VVi||i8nOEdAington,Sr.
*ouRsoo
12I72O1 St. Ct.E,5panavvay,VVA98387
Ass
|56
wAms
Aoonsaa
ams
EXACT LOCATION OF PROPOSED DISPLAY
LO CATION
8tarfire Sports Complex, 148DO5tarfire Way, Tukwila, VVA9OlOO
DATE TIME
7/4/I2 10:00pnm
NUMBER AND KINDS 'OF FIREWORKS TO BE DISPLAYED
(Z) 1" multi-shot cakes (1) 1.2" multi-shot cake
(1) l.25" multi-shot cake
(2) 1.6" multi-shot cakes
(Z) 1.5" multi-shot cakes
(10) 2" multi boxes
(3) 2.5" multi-shot boxes (76) 2.5"shells (472) 3" shells
Western Display Fireworks, Canby, OR 97O13—ATF Approved Magazine
SIG NAVRE OF LICA T'
LRESO� 4-IBI 0
BONDING on INSURANCE COMPANY (Mark One)
Biggs Insurance Services Bond or certificate m insurance attached
aounenn Bond u,"omona�^/movmnceonn|pvwmmw
State Fire
Bond or certificate vr insurance shall provide mm| of
$au.onm$1.ovn.ono bodily injury liability for each person and event,
PO Box 1B9 Vancouver, WA 98666 respectively, and $25.uon property uamooa
PART If i
|n accordance withdheprovxionsofRCVV7l77andapp|icobeloca|urdinanueo.UhispormbiogrenK*d\000nducto
fireworks display aa per the above application.
NAME:
(Full name m person, firm, of' corporation granted permit)
RESTRICTIONS:
Permit not valid without verification of (Signature m Official granting permit)
the appropriate State Fireworks License
LICENSE NUMBER: C
(Instructions on rev side
3000-420-050 (R02m5) Distribution: WHITE (A): Local Fire Authority; YELLOW (8): Pennitem
29 fireworks license pyrotechnic operator
CERTIFICATE OF LIABILITY INSURANCE OP ID EF DATE (MM /DD /YYYY)
i 05/24/12
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
l
A 1X COMMERCIAL GENERAL LIABILITY
Biggs Insurance Services
PHONE
rA�c
(A/C, No):
P.O. BOX 189
fA/C. No, Ext):
Stop Gap
916 Main Street
r--MAIL
ADDRESS:
$1,000,000
Vancouver WA 98666
r STOly R
CUUSTOM ER ID#
wESTE -5
Phone:360- 695 -3301 Fax:360- 696 -2232
I
INSURER(S) AFFORDING COVERAGE
INSURED
I INSURER A:
Liberty Surplus Insurance Comp
Western Dis 3lay Fireworks
I INSURER B:
James River Insurance Company
P.O. Box 932
Canby OR 97013
I INSURER C:
Praetorian Insurance Company
P000990026900
INSURER D:
000514650
HX EXCESS LAB CLAIMS -MADE
INSURER E!
DEDUCTIBLE
INSURER F:
NAIC
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lNbK h� V ruuL'y "UUCx cAe LIMITS
LTR TYPE OF INSURANCE INSR WVDI POLICY NUMBER (MMIDD/YYYY) (MM /DD /YYYY)
GENERAL LIABILITY
1,000,000
0
A 1X COMMERCIAL GENERAL LIABILITY
100000139708
1 1 CLAIMS -MADE 1K OCCUR
Excluded
X
LX I
1,000,000
G
Stop Gap
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
POLICY I PRO-
JECT n LOC
AUTOMOBILE LIABILITY
5, 000,000
C X ANY AUTO
P000910011007
ALL OWNED AUTOS
INCLUDING TRUCKERS
SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
C X Excess Truckers
P000990026900
B UMBRELLALIAB X OCCUR
000514650
HX EXCESS LAB CLAIMS -MADE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR /PARTNER /EXECUTIVEE]
OFFICER/MEMBER EXCLUDED? MIA
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
EACH OCCURRENCE
1,000,000
0
01/15/12 01/15/131 PREMISES (Ea o ence)
$50,000
M
MED EXP (Any one person)
Excluded
PERSONAL ADV INJURY
1,000,000
G
GENERAL AGGREGATE s
s2,000,000
(PRODUCTS- COMPIOPAGG
$1,000,000
COMBINED SINGLE LIMIT
5, 000,000
01/15/12 01/15/13
01/15/12 01/15/131 EACH OCCURRENCE 1,000,000
1 AGGREGATE 1,000,000
W(;Si A,Lj- UIH-
TORY LIMBS ER
E.L. EACH ACCIDENT 1
E.L. DISEASE EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Show Date: July 4 2012 Site: Grass soccer field loca ed at the Starfire
sports Complex 14$00 Starfire Way, Tukwila, WA 98188 Additional insureds
per CG2010 1) City of Tukwila its officers, directors, employees and agents
2) Starfire Sports 3)John C. kadovich Development Co.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
TUKWO01 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Tukwila AUTHORIZED REPRESENTATIVE
12424 42nd Avenue South
Tukwila WA 98168
I
r
1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
30
Liberty
'u real u s :Instiran ue
Corps >ratir a.,.k.
Commercial General Liability M&mJ)e, R[ rtym �tn„l cm
LIBERTY SURPLUS INSURANCE CORPORATION
(A New Hampshire Stock Insurance Company, hereinafter the "Company')
ENDORSEMENT NO. 1
Effective Date: 01/15/2012
Policy Number: 1000001397 -08
Issued To: Western Display Fireworks, Ltd. DBA Western International Fireworks and Western
Wildlife Control
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
As required by written contract signed by both parties All locations of covered operations.
prior to any "occurrence" in which coverage is sought
under this policy.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations)
A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other
than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the
location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any
person or organization other than another contractor or subcontractor engaged in performing operations for a
principal as a part of the same project.
1
CG 20 10 07 04
ISO Properties, Inc., 2004
31
32
FINANCE AND SAFETY COMMITTEE Meeting Minutes
May 22, 2012 5:15p. m.; Conference Room 43
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller
Staff: Peggy McCarthy, Derek Speck, David Cline, Mary Miotke, Gail Labanara, Kim Gilman,
Craig Zellerhoff and Kimberly Matej
Guests: Chuck Parrish, resident
CALL TO ORDER: Chair Quinn called the meeting to order at 5:18 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Fireworks Permit: Family 4` at the Fort
Staff is seeking Council approval of a Fireworks Permit Application submitted by Western Display
Fireworks, Ltd. for the fireworks display at the City's annual 4th of July celebration at Fort Dent.
This year, the City has selected a different vendor, Western Display Fireworks Ltd., and will be relocating
the launch site in order to protect and reduce the likelihood of damage to the turf sports fields located at
Starfire. Additionally, this relocation is expected to reduce clean -up time due to increased accessibility.
Committee Members had several questions regarding the change in vendor, costs associated with the
contract and event (i.e.: overtime), and other event specifics, which are most appropriately answered by
Parks Recreation staff. Since this item is addressing the permit only portion, the Committee would like
to forward on the permit to the June 4 consent agenda. However, they have requested that Parks
Recreation staff return to the next Finance Safety Committee meeting to provide an update on the new
vendor and other specifics of the Family 4th at the Fort events. UNANIMOUS APPROVAL.
FORWARD TO JUNE 4 CONSENT AGENDA FOR PERMIT. RETURN TO COMMITTEE AS
INFORMATION ONLY TO REVIEW VENDOR CONTRACT.
B. Contract: ,Managed Print Services
Staff is seeking Council approval to enter into a contract with the Xerox Company for managed print
services which will provide printer and copier supplies, repairs, maintenance, replacements as needed.
This five -year contract will cost a minimum $3,420 quarterly for a pre estimated number of copies, but
will be evaluated and adjusted based on actual print numbers as appropriate.
Based on staff research and a printer fleet analysis performed by several vendors, Xerox was the lowest
cost provider and has been identified as the best vendor to provide these services to the City. Since the
Xerox Company is an approved State contract there is no requirement to proceed through the RFP
process. The anticipated annual savings on the purchase of toners alone is $4,500 and another $8,000 for
repairs. Additional savings will also be seen in replacement costs, staff time and processing. This contract
can be cancelled at any time by written notice to end the contract within 90 days. UNANIMOUS
APPROVAL. FORWARD TO JUNE 4 CONSENT AGENDA.
C. Reserve Policy Revisions
Staff is seeking Committee approval of draft revisions to City's Reserve Policy 300 -15. The current
reserve policy was adopted in December 2009, and was revised this past April to include Self- Insured
Healthcare plan contingency reserve levels.
33
34
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayor's review Council review
06/04/12 BG
3.E.
ITEM INFORMATION
CAS NUMBER: STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 06/04/12
AGENDA ITI ='M TITLE Interurban Ave S Gravity Sewer Project
Project Completion and Acceptance
CATI41GORY Discussion Motion Resolution Ordinance Bid Award Public Hearin
g ❑Other
Mt g Date Mtg Date 06/04/12 Mtg Date Mtg Date Mtg Date Mtg Date Mt Date
SPONSOR Council Mayor HR DCD Finance .Fire IT P &R Police PW/
SPONSOR'S The contract with R.L. Alia Company of Renton, WA is complete for the Interurban Ave S
SUMMARY Gravity Sewer Project. This project replaced a failing sewer lift station with a series of
gravity feed sewer lines on Interurban Ave S. Construction began August 19, 2011 and was
completed on May 10, 2012. Ten change orders were issued for $28,580.38 and under -runs
credited $103,260.91. Council is being asked to accept and finalize the contract with R.L.
Alia Company in the amount of $664,401.62.
REVIEWED BY COW Mtg. CA &P Crate F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/30/12 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMPITEE Unanimous Approval; Forward to Regular Consent Agenda.
COST IMPACT FUND SOURCE
EXPI= -NDI'rURI? REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$664,401.62 $828,256.25 $0.00
Fund Source: 402 SEWER (PG 117, 2012 CIP)
Comments:
MTG.DATEI RECORD OF COUNCIL ACTION
06/04/12 1
J MTG. DATE J ATTACHMENTS
06/04/12 Informational Memorandum dated 05/25/12
State of WA Depart of Revenue Notice of Completion 11 -099
Minutes from the Utilities Committee meeting of 05/30/12
35
36
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Michael Ronda, Construction Project Manager
DATE: May 25, 2012
SUBJECT: Interurban Avenue S. Gravitv Sewer Proiect
Project No. 90440208, Contract No. 11 -099
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
The Notice to Proceed for Contract No. 11 -099 with R.L. Alia Construction of Renton, Washington,
was issued on August 19, 2011 for construction of the Interurban Avenue S. Gravity Sewer Project.
This project was designed to replace a failing sewer lift station with a series of gravity feed lines on
the west side of Interurban Avenue S. between Fort Dent Way and S 144 Street.
DISCUSSION
Construction was physically completed on May 10, 2012. Ten change orders were issued during
construction for a total of $28,580.38. The change orders can generally be summarized as minor
revisions that were offset by under -runs in quantities for various bid items. The largest change
order in the group ($13,146) was due to an unexpected subgrade condition which caused
problems with the trench when installing the new sewer main.
The total budget for this contract, with an 11 contingency, was $828,256.25. A retainage bond
was used, so no retainage amount was withheld.
Contract Award Amount 681,440.00
Change Order Nos. 1 10 28,580.38
Cost Under -runs (103,260.91)
Sales Tax 57,642.15
Total Amount 664.401.62
RECOMMENDATION
The Council is being asked for formal acceptance and retainage bond release authorization, subject
to standard claim and lien release procedures, for the contract with R.L. Alia Construction, in the
amount of $664,401.62 and to consider this item on the Consent Agenda at the June 4, 2012
Regular Council Meeting.
Attachments: Dept of Revenue Notice of Completion
WAPW Eng\PROJECTSW SW Projects \Interurban Gravity Sewer (90440208)\ConstructionW.200 Correspondence\010 -To OlhersW Sewer INFO MEMO Closeout 05 -25 -12 sb.doc
37
m
"TA 9 t.
NOTICE OF COMPLETION OF PUBLIC WORDS CONTRACT
Contractor's UBI Number: 600149378
Date: 05/23/12
.Name;& Address of Public', Agency Degartment.Use Only
City of Tukwila Assigned to:
6200 Southcenter Blvd.
Tukwila WA 98188 Date Assigned:
UBI Number: 179 000 -208
Notice is Hereby given relative to the completion of contract or project described below
Project Name Contract Number Job Order Contracting
Interurban Avenue South Gravity Sewer 11 -099 Yes No
Description of Work Done/include Jobsite Address(es)
Install replacement gravity feed sewer system from approximately 14900 to 14400 block, reroute existing
sewers to new system and remove the old pump station at approximately 14610 Interurban Avenue.
Federally funded road transportation project? Yes No
Contractor's Name Telephone Number
R L Alia Company 425 226 -8100
Contractor Address
107 William Ave. Renton WA 98055
If Retainage is Bonded, List Surety's Name (or attach a copy)
N/A
Surety Agent's Address
North American Specialty Insurance Company, Parker Smith and Feek Inc., 2233 112th Ave NE, Bellevue WA 98004
Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted
7/14/11 8/19/11 05/10/12 XX/XX /XX
Contract Amount 681,440.00
Additions 28,580.38 Liquidated Damages 0.00
Reductions 103,260.91 Amount Disbursed 664,401.62
Sub -Total 606,759.47 Amount Retained 0.00
Amount of Sales Tax Paid at .095
(If various rates apply, please send a breakdown)
TOTAL
57,642.15
664,401.62
NOTE: These two totals must be equal
Please List all Subcontractors Below:
Subcontractor's Name:
National Concrete Cutting
Del -Mar Concrete Cutting Coring
ASPI Surveying
Krazan Testing
Ground Up Road Construction
Hot Mix Pavers
Apply -a -Line
NWCW LLC
UBI Number:
600 195 813
602 260 574
601 778199
601 498 409
602 790 246
600 310 693
600 553 941
602 813 492
TOTAL 664,401.62
Affidavit ID (if known)
No Work Performed
WARI.
350994
N/A
No Work Performed
373269
F215 -038 -000 08 -2011
REV 31 0020e (08/25/11) Continued on page 2
w
Please List all Subcontractors Below:
p Subcontractor's Nalne:
I
I
J
i
I
comments:
UBI Number
Affidavit ID (if known)
Contact Name: Diane Jaber Title: Fiscal Specialist
Email Address: Diane Jaber @TukwilaWA.gov Phone Number: (206) 433 -1871 x1871
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form to all three agencies below. For a faster response, please submit by e -mail.
Washington State
Washington State
Washington State
Department of Revenue
Department of Labor and Industries
Employment Security Department
Public Works Section
Contract Release
Specialized Collections Unit
PO Box 47474
PO Box 44274
PO Box 9046
Olympia WA 98504 -7474
Olympia, WA 98504 -4272
Olympia WA 98507 -9046
(360)725 -7588
(360)902 -4754
(360) 902 -9780
FAX (360) 664 -4159
FAX (360) 902 -6897
Fax (360) 902 -9287
PWC @dor_wra.gov
ContractReiease @lni.wa.gov
publicworks @esd.wa gov
For tax assistance or to request this document in an alternate format, visit http: /doi or call 1-800-647-7706.
Teletype (TTY) users may call (360) 705 -6718.
F215- 038 -000 08 -2011
REV 31 0020e (08/25/11)
40
UTILITIES COMMITTEE
Meeting Minutes
Mczl^ 30, 2012 5:001).n7. C'onlerenee Roon7 I
Citv of Tukwila
Utilities Committee
"Wecrnesckol Dare to Holickol
PRESENT
Councilmembers: Dennis Robertson, Chair; Joe Duffle and Bate Kitiller
Staff: Bob Giberson, Frank Iriarte, Robin Tisclmiak, Mike Cusick, Mike Ronda, and Gail Labanara
CALL TO ORDER: The meeting was called to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Proiect Completion and Acceptance: Interurban Avenue South Gravity Sever
Staff is seeking Council approval for project completion, closeout and release of retainage to R. L. Alia
Construction of Renton in the amount of $664,401.62 for the construction of the Interurban Avenue South
Gravity Serer Project. This project replaced a failing serer lift station with a gravity feed serer line.
Ten (10) change orders in the amount of $28,58038 were issued during this project, but were offset by
under rums. The project was completed under budget by approximately $17,000 without using the
contingency. Photos from the project syere presented to the Committee in order to understand the need for
the changes orders. UNANIMOUS APPROVAL. FORWARD TO JUNE 4 CONSENT AGENDA.
B. Water and Sesser Comprehensive Plans: Consultant SUDDlement No. 2 with Carolla Engineers
Staff is seeking Council approval for Supplement No. 2 with Carollo Engineers in the amount of $21,721.50
for updates relative to the 2010 Water and Sewer Comprehensive Plans, specifically 30u0, 70a0, Stu)
and 060 of the Water Comprehensive Plan.
The consultant's scope of work needs to be increased due to multiple discrepancies in existing sewer pipe
maps; over estimation of the multi family population results in the Commercial Business District, and
changes to the fire flow requirements. Also part of the Water Comprehensive Plan is that the Department of
Health has notified us of their concern with the size of our water storage capacity UNANIMOUS
APPROVAL. FORWARD TO JUNE 11 COW FOR DISCUSSION.
C. Educational Ouuortunity: CIP 102
Per the request of Committee Chair Robertson (see Utilities Committee minutes dated 02 /28/12), staff
utilized extra time at the Committee meeting to review the Capital Improvement Program (CIP) and
accompanying Attachments D, E and F, including the rate matrix. Committee Members will find this
information useful when utility rate increases are brought to Committee later this year. INFORMATION
ONLY.
III. MISCELLANEOUS Meeting adjourned at 6:20 p.m.
Next meeting: A "ext meeting: Tuesday, June 12, 2012 5:00 p.m. Conf. Room No. 1.
1
Committee Chair Approval
Minutes by ,GL. Reviewed by KAM.
42
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared b Mayors review
05/29/12 B C
06/04/12 BG
ITEM INFORMATION
STAhF SPONSOR: BOB GIBERSON
Council review
O J
ITEM NO.
ORIGINAL AGENDA DATE: 05/29/12
AGENDA I'TEMTITLE 2012 Annual Small Drainage Program
Design Supplemental Agreement No. 1 with KPG, Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other
Mtg Date 05129112 Aft Date 06/04/12 Mtg Date Mtg Date Mtg Date Mtg Date ftg Date
SPONSOR Council Mayor HR DCD .Finance Fire IT P &R Police PfV
SPONSORS KPG, Inc. is currently the design consultant for the 2012 Annual Small Drainage Program.
SUMMARY Due to additional requirements on the existing Small Drainage project list, Supplement
No. 1 with KPG will design 3 additional sites that do not involve outside permitting or
complicated design aspects that can then be constructed this summer. Council is being
asked to approve Supplement No. 1 with KPG, Inc. in the amount of $23,992.79.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/15/12 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COMMr171 Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDI'I'URI R1=�QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$23,992.79 $755,000.00 $0.00
Fund Source: 412 SURFACE WATER (PG 138, 2012 CIP)
Comments:
MTG. DATE J RECORD OF COUNCIL ACTION
05/29/12 I Forward to next Regular Meeting
06/04/12
MTG. DATE
05/29/12
06/04/12
ATTACHMENTS
Informational Memorandum dated 05/11/12
Vicinity map
KPG's Supplement No. 1 to Contract 11 -151
Minutes from the Utilities Committee meeting of 5/15/12
No attachments
43
M A
COUNCIL AGENDA SYNOPSIS
Initials
Meetina Date Prepared by Mayor's review
05/29/12 BG x L
06/04/12 BG
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON
Co ci6reviem
ITEM NO.
ORIGINAL, AGENDA DATE: 05/29/12
AGENDA hrlM Trrr.r_; Soils Reclamation Facility
King County Regional Stormwater Decant Facility Use Agreement
CATEGORY ®Discussion ®Motion Resolution ❑Ordinance ❑BidAavard ❑Public Hearing Other
Mtg Date 05129112 Mtg Date 06104112 Mtg Date Mig Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance .Eire IT P&'R Police PV
SPONSOR'S The Department of Ecology has required that the City either construct or use a Soils
SUMMARY Reclamation Facility (decant facility) for our extracted sediment from City storm pipe and
catch basins. In the interim, before possible construction, the City will be able to use the
DOE approved King County Soils Reclamation Facility in Renton. As the fees will be over
$40,000.00, Council is being asked to approve the King County Use Agreement for the
Regional Stormwater Decant Facility Program.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 04/24/12 05/15/12 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
Fund Source: 412 SURFACE WATER (PG 150, 2012 CIP)
Comments:
MTG.DATEI RECORD OF COUNCIL ACTION
05/29/12 IForward to next Reqular Meetinq
06/04/12 1
MTG. DATE I ATTACHMENTS
05/29/12 Informational Memorandum dated 05/11/12
King County Use Agreement
Minutes from the Utilities Committee meeting of 04/24/12 05/15/12
06/04/12
No attachments
45
m
COUNCIL AGENDA SYNOPSIS
Meeting Date
05/29/12
06/04/12
I
Initials
Prepared by I Mayor's review
CO I PAW
CO
I
Coincil reuiex
i
I
ITEM NO.
4.C.
ITEM INFORMATION
STAFF SPONSOR: DAVID CLINE ORIGINAL, AGENDA DA'I'I?: 5/29/12
A( Request to Reinstate Analyst position in the Mayor's Office
®,Discussion ®Motion E] Resolution E] Ordinance ❑BidAzvard ❑Public Hearing Other
1(tg Date 05129112 Mtg Date 614112 117th Date 1VItg Date t11tg Date Mtg Date Mt
g Date
SPONSOR Council N Mayor .HR DCD Finance .Fire IT P &R Police PW
SPONSOR'S City Administration is requesting that the currently- vacant Administrative Secretary /Civil
SUMMARY Service Examiner position in the Mayor's Office be eliminated and that the Analyst position
that was removed from the budget in 2010 be reinstated. The 2012 funding for this
position will be from salary savings in the Mayor's Office.
RI ;1 I1?WI?D RY cow Mtg. CA &P Cmte N F &S Cmte "Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/22/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMF17EI Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EX1)FN1)ITURI? R1�1OUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$23,000 per year
Fund Source: MAYOR'S OFFICE SALARY SAVINGS IN 2012
Comments: If the position is approved, the additional salary expense will be incorporated into the Budget
Process later this year,
MTG.DATEI RECORD OF COUNCIL ACTION
05/29/12 1 Forward to next Regular Meeting
MTG. DATE I ATTACHMENTS
05/29/12 Informational Memorandum dated 5/15/12, and revised 5/24/12 after the FS meeting
Classification Description
Minutes from the Finance Safety Committee Meeting of 5/22/12
06/4/12 No attachments
47
W
City of Tukwila
Jim Haggerton, Mayor
CITY ADMINISTRATOR REPORT
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: May 30, 2012
SUBJECT: Report for June 4, 2012 Regular Council Meeting
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. The report consists of
information provided by the Executive Team, with editing and input by the City Administrator.
Please let me know if you have any questions or need additional information about any of the
following items, and please feel free to contact any of the department heads for additional
information.
I. Intergovernmental and Local Issues Update
MAYOR'S OFFICE
King County Regional Identification Program (AFIS): The 2011 Annual Report is
attached. The Regional AFIS Program promotes public safety and contributes to crime
reduction by providing expert fingerprint identification services to criminal justice agencies
throughout King County. The AFIS Advisory Committee represents the interests of all local
cities and law enforcement agencies in King County. David Cline, City Administrator, is the
AFIS Advisory Committee Chair.
ECONOMIC DEVELOPMENT
Southwest King County Economic Development Initiative (SKCEDI): On May 24, 2012
staff facilitated a steering committee meeting as the group works to reach consensus on a
regional business attraction program.
Startzone Showcase: On May 18, 2012 staff attended the Startzone event in Burien.
Startzone is a program at Highline Community College that helps people achieve financial
self- sufficiency by starting their own businesses. The showcase featured over 20 Startzone
businesses. More info at: http: /startzone.highline.edu
Department Updates
HUMAN SERVICES
Homeless Families: On May 10, 2012 Human Services staff represented south King
County cites in a discussion on the Coordinated Entry for Homeless Families initiative. All
families seeking shelter are now calling one place for screening.
Immigrants and Refugees: On May 15, 2012, staff provided input for a forum with grant
makers concerned with immigrants and refugees. The results should provide more local
resources for citizenship support.
City Administrator Report
Page 2
Regional Cooperation: The Human Services Manager participated in interviews for the
King County Community Services Director on May 23, 2012. This affects he City's
relationship with divisions that provide human services county -wide.
Cultural Exchange: On May 25, 2012, staff from the Human Services Office hosted 3
visitors and 2 interpreters from Bosnia Herzegovina through the World Affairs program. The
mechanics of the human services system was shared with the guests.
King County Housing Repair: Staff planned and recruited participants for a policy review
meeting with the King County Housing Repair division on June 6, 2012. The policy review
will focus on eligibility criteria, use of funds, and coordination with the Minor Home Repair
program.
Reallocation of Funds: Unallocated funding in the amount of $7,500 was moved from
Highline Youth Health Center (which closed its doors) to Catholic Community Services for
emergency assistance.
FIRE
Essential Services: Engine 52 responded to a serious dog bight of a 9 -month old infant.
The infant was transported to Valley Hospital for treatment. The injuries were serious and
could have been significantly worse if immediate action had not been undertaken during this
event.
Rescue Training: The Rescue Team received training on the use of specialized concrete
breaching and breaking tools. The techniques learned are for utilization during a building
collapse event or during conventional firefighting to breach concrete.
COMMUNITY DEVELOPMENT
Eastland Demolition: On May 29, 2012, the demolition permit for the removal of the
existing mobile home at 12242 48 Avenue South was issued.
POLICE DEPARTMENT
Community Outreach: Several members from the Tukwila Police Department attended the
East African Area Studies Group Conference. This ongoing collaboration focuses on
community outreach and public safety as part of an overall national strategy.
Police Department representatives also met with the Bhutanese community at a recent
outreach meeting. The Bhutanese leadership expressed a desire to meet the City Council.
The Police Department will coordinate to sponsor a future Bhutanese community
introduction /presentation to the City Council.
Staffing: Rick Mitchell is the newest Commander for the Tukwila Police Department
following recent testing and selection. Two officer candidates completed the background
process and accepted final job offers. They are scheduled to start July 2, 2012.
Alcohol Service Hours: The Washington Association of Sheriffs and Police Chiefs
WASPC) members voted against the proposal to extend the alcohol service hours. This
vote was based on discussions regarding public safety risks and the impacts of extended
alcohol hours.
Police Explorers: Jamilla Culcleasure received and accepted a $1,000 WASPC
Educational Scholarship during the recent conference.
FINANCE
Sales Tax: Sales tax collected for March and remitted to the City in May totaled
$1,222,642. This amount is $230,014 less than the amount remitted for the same period
last year of $1,452,656. A detailed analysis of sales tax revenue will be presented at the
June 19, 2012 Finance and Safety Committee meeting.
ZA CityAdministratorReports20l2 \FinalReports \CARepogJ une4- 2012FI NAL.docx
50
City Administrator Report
Page 3
PARKS AND RECREATION
Duwamish Hill Preserve: EarthCorps has been completing restoration projects at
Duwamish Hill Preserve throughout the past few weeks. Their work is significant and
impressive as they continue to remove invasive plants.
Community Point of Distribution Training and Kit Assembly (CPOD): On June 8, 2012
staff will participate in a teaching session at the Tukwila Community Center regarding
assembling two kits for the City. The kits will be used during an emergency event to
distribute food, water, and other supplies.
Tukwila Turtles: The Tukwila Turtles will compete in the Special Olympics State Swim
Meet at King County Aquatic Center Saturday, June 9, 2012.
Teen Summer Kickoff Festival: The 2012 Summer Kickoff Festival is being held on
June 22, 2012 from noon 5:00 PM at the Tukwila Community Center.
III. Responses to Council /Citizen Inquiries
Follow -up from City Council meeting on May 21, 2012 regarding Metropolitan Park
District (MPD) Capital Improvement Program (CIP) Research: Staff is researching solar
thermal and other items listed on the CIP list to answer questions that were asked at the
May 14, 2012 MPD meeting. Some of this information is anticipated to be available for the
June 6, 2012 Tukwila Pool Advisory Committee meeting.
Follow -up from City Council meeting on May 21, 2012 regarding (MPD) CIP Decision
Dates: On June 18, 2012 the MPD Board will be asked to finalize the CIP List, authorize
the match for the Department of Commerce grant application, and amend the Department of
Enterprise Service contract. The final Energy Service Proposal (ESP) should be adopted at
the July 16, 2012 meeting, depending upon grant requirements.
Follow -up from City Council meeting of May 21, 2012 regarding update on IPADs for
Councilmembers: Correspondence was transmitted to the Councilmembers via email on
May 29, 2012 regarding device management, purchase process, legal review and timeline.
ZAC ityAd m in istratorReports20121F ina IReports\CAReportJ une4 -2012F I NAL.docx
51
52
2011 annual report
king county regional identification program afis
On behalf of the AFIS Advisory
Committee, I am proud to present
this King County Regional AFIS
annual report for 2011. Since voters
first approved the Program 25 years
ago, AFIS has consistently proven its
value, not only through the volume of
cases solved, but through its model
of collaborative, cost effective, and
expanded regionalized service. The
AFIS Program is inclusive of all cities
and jurisdictions, and is a showcase for
true intergovernmental cooperation.
As it enters the last year of the current
levy period, the Program continues
to complete its objectives on time and well under the budget that was
originally requested of the voters. Through conservative spending and
sensible fund management, the Program was able to reduce the levy rate
by another $.01 in 2011. This equates to $3.8 million less collected from
taxpayers in 2011 than in 2010 and further demonstrates the AFIS Program's
commitment to providing effective services at the lowest possible cost.
An exciting milestone was reached in 2011 with the replacement of the
aging and outdated AFIS that was originally installed in 1988 and last
updated in 1999. The new system went live in March 2011 and now includes
the ability to match palmprints, which will identify more suspects. Already,
this expanded technology has associated subjects with homicide cold cases
who were not previously linked to the cases, providing detectives with new
information to help solve crimes.
The AFIS Advisory Committee represents the interests of all local cities
and law enforcement agencies in King County. We have been consistently
impressed with AFIS Program staff's resourcefulness, hard work and
commitment toward serving our great community. We are proud of the
accomplishments made this past year, and welcome your review of this
report, which can also be found online at www.kin c n y.
David Cline
AFIS Advisory Committee Chair
Suburban City Representative
4 CC n g COLS ty Re guo a AHS
KAM
KING
rpEPo" ®tv "'Q4
The Reglonal AFIS Progrann, pronnotes PUbllc safety
and mn triibUtes to crinne IredUC by provldiing
expert fiingerpi iiden iifiicatiion >erviicEm> t o ci-iiiniriall
jUstice agencles thrOUgIliOUt Fling COLi! )tyr
King County's Automated Fingerprint Identification System (AFIS) is a countywide program that supports
fingerprint and palmprint identification services. It is funded through a property tax levy and serves all 39 cities and
unincorporated areas of King County for law enforcement and criminal justice purposes. This countywide program
has been in place since 1988 and in the current levy period AFIS has been utilized in over 36,000 investigations.
Important highlights from 2011 include:
Reducing the property tax
levy from the $0.0568 rate
authorized by voters to only
$0.03528 per $1,000 of assessed
value, decreasing the total
amount collected from taxpayers
by $7 million in 2011 without
impacting the services provided
or the commitments made to
voters for the 2007 -2012 levy.
Going live with the next
generation of AFIS technology
software and devices,
including palmprint matching,
high- definition electronic
fingerprinting (Livescan), and
the testing of wireless devices for
officers in the field.
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OCentral AFIS
Livescan devices electronically capture
and transmit fingerprint images to the
Central AFIS for identification.
Ir
I
The AFIS Program has been funded by a series
of countywide property tax levies dating back
more than 25 years to 1986. The current levy was
approved in 2006 to support services from 2007-
2012, with an authorization for more than $16.5
million per year in property taxes. This revenue
funds operations and technology in support of
criminal fingerprint identification services, as well as
the specific initiatives outlined on the following two
pages. The distribution of expenses is shown in the
Financial Summary table.
2007 1 $.05680 1 $19.88
2008 $.05146 $18.01
2009 I $.04473 I $15.66
2010 $.04571 $16.00
2011 $.03528 $12.35
2012 $.03530 $12.36
'Rate determined by county Assessor's office after preparation of budget.
2 median Home Value set at $350,000 for comparison purposes. This number multiplied
by assessed levy rate divided by 1,000 equals the median cost to taxpayers. In 2011,
the actual median home value was $337,000.
'Projected
Even with the expense of the new identification
technology as planned during the current levy
period, the AFIS Program continues to provide
quality services at a minimal cost. The 2011
expenditures were 19 percent below 2010
expenditures and are anticipated to rise only
moderately in 2012. The Program's focus on value
and efficiency has meant savings to taxpayers.
With the sunset of the current levy period, the
AFIS levy will go before the voters for renewal in
November 2012.
In 2006, voters authorized a levy rate of $0.0568 of
$1,000 of Assessed Value, with the growth of annual
levy collections confined by the state's legal limits
of one percent each year plus new construction.
Beginning with the 2010 budget, the County
Executive and Council recognized that a healthy
fund balance made it possible to reduce the levy
rate, and allowed King County taxpayers to realize
savings during the slow economic recovery.
As a result of good management practices and
leadership's decisions, King County taxpayers
saved:
Over $3 million in 2010
$7 million in 2011
$6.4 million in 2012
Over the course of the 2007 -2012 levy period,
this equates to a total savings of more than $18
million from the originally projected revenues. As
shown on the Median Cost to Taxpayer chart, the
owner of a $350,000 home paid less in taxes in 2011
to support this Program than in 2007 without any
loss of service or change in commitment to the
voters.
K41g C'OLMLy ReglonaV AH"VS
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p4"
E�
New Technology Leads to
Identification of Rape Suspect
Latent Print Examiners responded to a rape callout of a
12 -year old girl in her Shoreline home. At the scene an
examiner lifted a palmprint off a glass- topped dresser
in the girl's bedroom. With the New Generation AFIS,
palmprints can now be electronically searched and
matched. The examiner used this new technology to
identify a suspect and then notified the detective. As a
result of the advances in technology, the King County
Sheriff's Office and Shoreline Police Department quickly
arrested a suspect within a few days of the crime. The
suspect was charged with First Degree Rape and First
Degree Burglary with Sexual Motivation.
Suspect Identified by PaImprint
A 74 -year old victim was home alone and heard glass
breaking in another part of the house. She called 911
and when officers arrived they found windows broken
and evidence of an attempted entry into the home,
but no suspects in the area. An officer lifted a partial
palmprint from one of the damaged windows. The
palmprint was searched through AFIS resulting in the
identification of a young male with an extensive record.
551
si
itr
2007-2012 levy initiative updates
upgrade livescans to high definition
install additional livescans and related technology
establish infrastructure for wireless mobile identification and initiate pilot program
initiate court identification feasibility study
2013-2018 levy planning
E ll
In
Throughout the nation, it is not
uncommon for forensic evidence to
be challenged in court. Over the last
two years the work of the Regional
AFIS Program was challenged several
times and upheld on each occasion.
The rulings on these motions are
important because future cases will
use them as a precedent.
The IT staff for AFIS were very busy
this last year. All of the servers for
the Program as well as the AFIS
computer were relocated to King
County's new state -of- the -art data
facility. With 24/7 operations,
planning and coordination was
needed to keep systems available
during the move. Another project
implemented in 2011 was the
virtualization of servers. This saves
space and reduces energy costs as
fewer physical servers are needed.
Downtime will be reduced because
virtual images can be created and
moved to spare virtual servers in the
event of capacity issues or hardware
failures. IT staff also began work to
install adaptive security appliances
(all -in -one firewalls) at each Livescan
site to provide comprehensive
security.
M
AFIS Program staff are well respected
in the law enforcement and forensic
communities and have a wealth of
knowledge regarding fingerprints.
Program staff taught classes and
provided information to police
agencies, universities, middle and
high schools, community members
at citizen s'academies and the
National Night Out events as well
as at local and national forensic
conferences. These trainings and
information sharing included:
Crime scene fingerprint
development techniques to
officers, deputies, and detectives
within Washington state
Livescan fingerprint capture
techniques to officers and
correction staff
Quarterly Forensic Advisory
Board meetings to provide
educators with teaching
material regarding latent print
examination
Latent print identification
techniques to examiners
Basic courtroom testimony
preparation to practicing
examiners
�1ua
t
This year the King County Latent
Unit transitioned from film to digital
photography for property crimes. As
the lab becomes accustomed to this
method, other types of crimes will be
photographed digitally. This switch
is more efficient for storage purposes
and more cost effective because of
the reduction of film purchases and
development of film. Seattle Police
Department (SPD) is presently an all
digital laboratory.
The King County and Seattle
Latent Units are continuing their
pursuit of forensic laboratory
accreditation. The process evaluates
and monitors an agency's ability
to provide quality services and
results to its customers. Actions
accomplished in 2011 include
updates to standard operating
procedures, implementation of
a quality management manual,
and enhancements to security
procedures. The accreditation
process is planned for completion in
2013.
Arrest in 1978 Homicide Case
In 1978, an 80 year -old widow was found dead in
her Seattle trailer, which was ransacked. The case
was never solved. In 2010, Sheriff's Office cold
case detectives re- examined the case. Advances in
technology now allow prints to be searched through
AFIS that previously had not met the criteria for
quality. AFIS examiners matched latent fingerprints
on items from the crime scene to an individual
who lived near the victim at the time of the crime.
Between 1978 and 2001, the individual was arrested
multiple times in several states, mostly on burglary
charges. In September 2011, detectives arrested the
individual in Reno, where he resided. "DNA gets all
the attention;' said Sheriff Sue Rahr. 'But other
advances, including fingerprint identification via
AFIS, solve crimes as well. It is very gratifying to
finally solve the murder of an 80 year -old woman,
thanks to AFIS and great detective work."
Graffiti Vandal Identified
A Covington man was identified as the suspect in at
least 55 cases of graffiti vandalism using spray paint.
Some items vandalized were dumpsters, fences,
retaining walls, guard rails, and street signs. The
break in the case came when a man walking his dog
yelled at the suspect who was spray painting a fence.
The suspect ran off, but dropped his spray paint can.
Examiners processed the can and identified prints.
The suspect was charged with Malicious Mischief.
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Burglar Caught
The Repeat Burglary Initiative, coordinated by
the Prosecuting Attorney's Office, is designed to
identify and target the most prolific burglars in
King County by working with law enforcement to
build strong criminal cases. In September 2010,
there was a series of burglaries with no leads.
In October, SPD examiners identified a suspect
from a fingerprint found on ajewelry box. The
suspect led the Prosecuting Attorney's Office to
her accomplice. Their confessions linked them to
28 burglaries. Several victims gave powerful pleas
at the trial. In February 2011, the suspect pleaded
guilty to ten counts of Residential Burglary and
First Degree Trafficking in Stolen Property and was
sentenced to nearly six years in prison.
Teamwork Pays Off
Over a two -day period, AFIS staff assisted the
Mercer Island Police Department's Investigation
Unit on a robbery and related burglary where
a significant amount of force was used towards
the victims. Latent prints were recovered from
processing two residential scenes and three
vehicles. A print lifted from one of the vehicles
resulted in an identification to one of the suspects
and subsequently led to the identification of a
second suspect. The late night assistance and
diligence at the crime scene by the AFIS team
helped to successfully identify the suspects.
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At King County correctional facilities and police agencies, Livescan
devices are used to electronically record and transmit fingerprint images
to the AFIS database for identification by examiners 24 hours a day, seven
days a week. Anyone found to be using a false name is reported to the
arresting officer or detention facility immediately. This process ensures
that inmates are positively identified prior to release from custody,
preventing individuals from evading warrants or hiding criminal records.
AFIS Program staff update state and federal arrest records, or rapsheets.
Arrest data is reported quickly and accurately so that courts, law
enforcement, and licensing agencies have access to the most current
criminal history record information possible. These records are used for
criminal and background investigations, warrant checks, and sentencing
determinations.
AFIS staff who work in King County correctional facilities also capture
booking photos, collect DNA samples, and create photo montages "line-
ups"), which detectives use to help victims identify suspects.
Additional services include working with victims of identity theft,
identifying deceased individuals for the Medical Examiner's Office,
identifying injured or unconscious hospital patients, and assisting with
sex offender registrations.
Both the King County Sheriff's Office (KCSO) and SPD Photo Laboratories
perform imaging services. These units provide digital and film
photography as well as processing and print production for forensic,
crime scene, and public relation purposes. They also train officers on
crime scene photography. Although the AFIS levy does not fund these
units, it provides supplemental funding due to the high volume of latent
photography work performed for the AFIS Program.
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Related functions
include the intake and
return of crime scene
evidence, record keeping
of case files, tracking
of statistical data, and
providing reports to law
enforcement.
This workgroup provides technical instruction and helpdesk
support for all AFIS and Livescan customers in King County. It
coordinates community events, fingerprint related training for
officers and examiners, and facilitates communication among
stakeholders throughout the county.
Program management oversees daily operations, acquisitions,
budget, maintenance, and use of AFIS and Livescan equipment
and networks throughout the county. They ensure compliance
with state and national industry standards, administer the
completion of program initiatives, and respond to issues in the
ever changing biometric and forensic disciplines.
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20 0 "0 AnnivaV Report 6
King County Regional AFIS Program
i�pc® ink Meetings Events
June 2012
4th (Monday)
5th (Tuesday)
6th (Wednesday) 7th (Thursday) 8th (Friday)
9th (Saturday)
Y Civil Service
Y Chamber of
"r Equity
Council Coffee Chat
Commission,
Commerce
Diversity
10:00 AM to
5:00 PM
Gov't.
Commission,
12:00 Noon
(CR 43)
Community
5:15 PM
Affairs Cmte,
(CR 43)
12:00 NOON
Y Transportation
(Chamber
Stop by and informally
Cmte,
Ofjice)
talk with a Tukwila
5:15 PM
City Councihnember
(CR u nl)
Y Finance
about anything on your
mind regarding
Safety Cmte'
Tukwila.
5.15 PM
Foster GolfLlrtks
City Council
(CR !'l3)
Clubhouse
Regular Mtg.,
Y Alts
(13500 haerurbun Ave S)
7:00 PM
Commission,
(Council
5:30 PM
(Cornnnlnity
Center)
Ilth (Monday)
12th (Tuesday)
13th (Wednesday) 14th (Thursday) 15th (Friday)
16th (Saturday)
Y Community
Y Utilities Cmte,
Affairs Parks
5:00 PM
Cmte,
(CR #I)
5 00 PM
(CR #3)
Y City Council
'I`ukwila
Executive
International
Session,
Boulevard
6:30 PM
Action Cmte,
7'00 PM
(Community
Y City Council
Center)
Committee of
the Whole Mtg.,
7:00 I'M
(Council
Chambers)
AWD Board Aleetirtg
rescheduled to
June 18, 2012
Y Arts Commission: 1st Rues., 5:30 PT,1, "fukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342.
Y Chamber of Commerce's'fukwila Government and Community Affairs Committer. I st Tues., 12:00 Noon, Chamber Offices.
Contact Lynn Wallace at 206 -575 -1633.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall
City Council Regular Meeting: I st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Y Civil Service Commission: 1st Mon., 500 PM, Conf Room #3. Contact Kim Gilman at 206 -431 -2187.
Y Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3
v COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 630 PM, Conf. Rm #5 Phi lhowlt (206- 433 7175).
Y Equity Diversity Commission: I st'I'hurs., 5:15 PM, Conf Room #3. Contact Jovice Trarrtirza crt 206 -433 -1850.
Y Finance Safety Committee: I st 3rd Tues., 5:15 PM, Conf Room #3 (A) An Irtterlocal igreernerrl for animal control services. (B)
Ouarterlv Police update. ((-')An interlocal Agreement with Kent Regional Fire Aathorih relating to training. (D) Family Fourth at the
Fort event update. (E) Tourism Promotion.4rea update. (F) Financial Plannin and Capital Improvement Program (CIP)
update.
YFIuman Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, IIuman Services Office. Contact Fnie Bwkan at 206 -433- 7180.
Y Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 -767 -2342.
Y Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON Contact Katherine KerL at 206 575 -2484.
Y Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center, Contact Dare Johnson at 206 -767 -2308.
Y Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 6:30 PM,
Council Chambers at City hall. Contact Wvnetta Bivens at 206 -431 -3670.
Y Sister City Committee: Quarterly, 5 30 PM, Tukwila Community Center Contact Tracy Gallcnvaj> at 206- 767 -1305.
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf Room 41 (A) IhSDOT Pedestrian to Bicycle Grant Orograln
Applications. (B) Resolution for Si.x4cor Transportation Improvement Program 2013 -1018. (C) Ordinance establishing
Development Agreement Procedures.
Y Tukwila historical Society: 3rd Thurs., 7:00 Pxq Tukwila Heritage Cultural Center, 14475 59 °i Avenue S. Contact Pat Brodin at
206 433 -1861.
YTukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7'00 PM, Tukwila Commrnity Center Contact Chief Villa at 206- 433 -1815.
Utilities Committee: 2nd 41h'fucs., 5 00 PM, Conf. Room #1
65
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2 MEETING 3
REGULAR C.O.W. REGULAR
June
July
F1
See agenda packet
cover sheet for this
week's agenda
(jime 4, 2012
Regular Meeting)
2
Special Presentation:
COPCAB Yearend
Report and Awards.
11
Special Issue:
A Supplemental
Agreement for the
Water and Sewer
Comprehensive Plans.
E
Unfinished Business:
A Supplemental
Agreement for the
Water and Sewer
Comprehensive Plans.
A resolution adopting
the 2013 2018
Transportation
Improvement Plans.
16
MEETING 4
C.O.W.
25
23
W