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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. k Nrt'Klrkland' A Fled odic! Quvalh Youth q Buri�rl" 4: `v. 9'�aTaC� KC �lall!I C o FQder4 AI�P Milton 'a�;�: ti nogiu 1 ie 0 Noe4���a 1 �eqt :Qitin toh Y Mack 6 A"nignd I U urn 'I er�umbl�vu; 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 �ll 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. tier -g C, �unry P r,it >r;al ."BFI`; ,,F 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. 201 1 Annmuad R,, I'J r tf'Crtll(l 1 'k" to c'Crn"n""11(f ou" (r tA \,t!' -J (.Crllflrj'' �c_r1Crf1F71 �1� Pro a /ca(/ Tct;f➢1'lt`1r 111101'H /e7r;`011 f ➢c'c'tF1h rC rj' tA eI l relflt'c' r11'c' {1 rCr Id /j'' G1 d111(I ftll')'1T'1F71 CCrCrrn( Ilelt r1; tA (r elfl(i /1f1FIrlCr jA 1,C^„'yr ,.A Ii,C, °t 1 =d3l':'i ti J d i,C, =r' 3 tib 1 i 10= n e- �F`,� a �i,Cti: t7r(rf➢c'1'elrlCrt7. 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. G'unri Cc>unLy Reguon,fl HS 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. If'0111(r 1 /kc rfr tA1111' A)f /'J (,frlom fc'rrlCrfta7l frl' /T �Igp/➢Crl'r Crr Crtll' /rdfrdf /11aIr /Cr a7 /(i l,ll (Crld/ {a 3 ;e r "'I:r'd j t ➢1'Cr1 /C 'tic'f to I/ tb1o1/ 1 1 rr yol/r �L %alc Trr :J ➢It' gg all'1'c'_( rr,r c l'I:Jrlf /ally ill %rr allc i "rI -Wil T ?Ild /t't` /T:I� lt`/ T,�'t' ?Jrr➢fr1'T fr' fr ?I? ld /l lfr to fpl'frTc't'T f?alTlrrf /a1f r'c'c'?Il'IT fp?I(tfl[' r'al,rc'T a7f?(r' tA L&r McDarrie 'lll 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