HomeMy WebLinkAboutReg 2012-09-04 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
TUESDAY, September 4, 2012; 7:00 PM Ord #2381 Res #1773
CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Introduction of Vicky Carlsen, Deputy Finance Director.
PRESENTATIONS Peggy McCarthy, Finance Director
3. 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.
4. CONSENT a. Approval of Minutes: 8/20/12 (ReguiarMtg.)
AGENDA b. Approval of Vouchers.
c. Authorize the Mayor to sign lease agreements for 19 copiers with Pg.1
Xerox Corporation over a two -year period in an amount not to exceed
$210,000.00. [Reviewed and forwarded to Consent by Finance Safety
Committee on 8121112.]
d. Authorize the Mayor to sign an amendment to contract #09 -130 with Pg.21
Foster Pepper PLLC for the Tukwila Urban Access (Klickitat) LID #33
project in the amount of $25,000.00. (Total contract amount with
amendment not to exceed $63,040.00). [Reviewed and forwarded to
Consent by Finance Safety Committee on 8121112.]
5. PUBLIC HEARING Sound Transit Unclassified Use Permit for Tukwila Commuter Rail Station Pg.39
located at 7301 Longacres Way in Tukwila. (Quasi-judicial)
6. UNFINISHED a. Adopt findings of fact, conclusions and recommendations in the staff Pg.39
BUSINESS report and approve the Unclassified Use Permit for the permanent
Tukwila Commuter Rail Station located at 7301 Longacres Way in
Tukwila.
Please bring binder distributed with staff report on 8-24-12. Q
b. Authorize the Mayor to sign the Interlocal Joint Purchasing Agreement Pg.43
with eCityGov Alliance and authorize the acquisition of the CRW TRAKiT
permit tracking system and associated hardware and software in an
amount not to exceed $375,000.00 and annual maintenance costs of
$40,500.00. ($225,000.00 covered in 2012 budget; $150,000.00 from
2013 budget.)
Please refer to 8127112 C.O. W. packet. Q
c. An ordinance amending various ordinances codified in Tukwila Municipal Pg.45
Code Title 5, "Business Licenses and Regulations."
d. Authorize the Mayor to sign Supplement #15 to contract #06 -019 with Pg.55
IBI Group for the Tukwila Urban Center Transit Center in the amount of
$65,970.00. Please refer to 8127112 C.O.W. packet. Q
(continued...)
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REGULAR MEETING
Tuesday, September 4, 2012
Page 2
6. UNFINISHED e. Authorize the Mayor to sign Supplement #16 to contract #06 -019 for the Pg.57
BUSINESS Andover Park West and Water Main Replacement Project in the amount
(cone) of $86,450.00.
Please refer to 8127112 C.O. W. packet. Q
7. NEW BUSINESS
8. REPORTS a. Mayor
b. City Council
c. Staff City Administrator Report Pg.59
d. City Attorney
e. Intergovernmental
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. 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.
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.
CAS NUMBER:
CO UNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meeting Date Prepared by Mayor's review Council review
09/04/12 CZ 1 11 N.-
ITEM INFORMATION
STAFF SPONSOR: CRAIG ZELLERHOFF I ORIGINAL AGENDA DATE: 09/04/12
AGENDA ITEM TITLE Approval to replace 19 copiers not to exceed $210,000 from the Xerox Company..
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other
Mtg Date Mtg Date 09104112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW
SPONSOR'S The Council is being asked to approve the leasing of 19 copiers over the next two years in
SUMMARY an amount not to exceed 210,000 and authorize the Mayor to sign the contract attached
to this memorandum and future contracts with Xerox as equipment is replaced.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/21/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance
COMMTrrEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$210,000 $210,000 $N /A
Fund Source: DEPARTMENT BUDGETS
Comments: Various based on department needs (45.00)
I MTG. DATE
09/04/12 1
RECORD OF COUNCIL ACTION
IMTG.DATEI ATTACHMENTS
09/04/12 Informational Memorandum dated 8/7/12 (updated after FS Committee)
Xerox Lease Agreement (6 copiers $63,070.20 for 60 months)
City Copier Summary
Contract 12 -064 Xerox Services and Solutions Agreement #7123107
Minutes from the August 21, 2012 Finance and Safety Committee meeting
I
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City of Tukwila
Jim Haggerton, Mayor
TO: Mayor Haggerton
Finance Safety Committee
FROM: Craig Zellerhoff, Fiscal Coordinator
DATE: August 7, 2012
SUBJECT: Copier Replacements
ISSUE
Approve the lease of 19 copiers from Xerox Corporation. Authorize the Major to sign the lease
agreement presented with this memorandum for 6 copiers and future lease agreements for the
remaining 13 copiers.
BACKGROUND
In 2011, the City printed approximately 1,901,700 pages on a fleet of 23 copiers. The current
copier fleet consists of 12 leased and 11 owned copiers. Our fleet of copiers is aging (average
of 6+ years) and requires repair on a frequent basis, resulting in machine downtime. Copier
costs for 2011 are as follows:
Activity I Cost
Lease 34,277
Toner and supplies 22,357
Outside Print 26,384
Total 83,018
DISCUSSION
Replacing the aging fleet of copiers will allow the City to take advantage of new technologies
and lower printing costs per page. Some of the new technologies include color scanning,
integrated internet fax board and lower energy costs. The copier fleet is primarily managed by
Pacific Office Automation, which provides toner and repair services at a per page cost of .95
cents black and white and 10.8 cents color. The Xerox copiers will reduce our toner and repair
per page cost to .58 cents black and white and 5.7 cents color. The annual lease costs below
are based on a bulk discount from Xerox through the State contract based on 2011 print
volumes.
Activity Cost
Lease 45,331
Toner and supplies 20,105
Outside Print 7,915
Total 73,351
FINANCIAL IMPACT
Over a five -year period the savings to the City is estimated at $9,667. By leasing for 5 years,
which appears to be the approximate life of a City copier rather than purchasing, it will enable
the City to take advantage of new technologies every five years. Continuing our partnership with
Xerox for copiers in addition to Managed Print Services allows the City to have full visibility of
printing patterns and equipment needs through Xerox Print Services reporting.
9
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to approve the leasing of 19 copiers over the next two years in an
amount not to exceed 210,000 and authorize the Mayor to sign the contract attached to this
memorandum for lease of 6 copiers and future contracts for lease of the remaining 13 copiers. It
is requested that this item be forwarded to the September 4, 2012 consent agenda.
ATTACHMENTS
Xerox Lease Agreement (6 copiers $63,070.20 for 60 months)
Copier Summary
Contract 12 -064 Xerox Services and Solutions Agreement #7123107
4 C: iTemp lContent.OutlooklCBK0060UVnfo Memo Copier Replacement.dou
xerox copiers
services and solutions order
7123107-001
print services
meter pricing plan
xerox equipment and software added
additional value added products or services
xps fee
professional services
toshiba
early termination
future cost current lease cost
W
12 -064
Council Approval 6/4/12
SERVICES AND SOLUTIONS AGREEMENT XefOX WV
THIS SERVICES AND SOLUTIONS AGREEMENT Number 7123107 "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.
I y 01 d 6 G
Form 52639 (July 2011)
JDB (05/2012) WA- 6B- 7- 11C -12D -1424 A -26
Page 1 of 8
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c. TAXES. Customer will be responsible for all Taxes. Taxes will be included in Xerox's invoice unless Customer
provides proof of Customer's 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.
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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)
JDB (05/2012) WA- 66- 7- 11C -12D -1424 A -26
Page 2of8
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)
JDB (05/2012) M3A- 6B -7 -11 C -12D -1424 A -26
Page 3 of 8
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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.
14
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)
JDB (05/2012) WA- 68- 7- 11C -12D -1424 A -26
Page 4 of 8
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 Customer's 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)
JDB (05/2012) WA- 66- 7- 11C -12D -1424 A -26
Page 5 of 8
15
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.
16
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)
JDB (05/2012) MM- 6B -7 -11 C -12D -1424 A -26
Page 6 of 8
L "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)
JDB (05/2012) WA- 66- 7- 11C -12D -1424 A -26
Page 7 of 8
17
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
Customers 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.
Customer's 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.
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Form 52639 (July 2011)
JDB (0512012) M3A- 6B -7 -11 C-1 2D-1424 A -26
XEROX CORPORATION
Signature
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Page 8 of 8
Finance Safety Committee Minutes Auoust 21. 2012 Paoe 2
C. Lease Asireement: Xerox Corporation for Copiers
Staff is seeking Council approval to enter into lease agreements with the Xerox Corporation of the next
two years for a total of 19 copiers in an amount to exceed $210,000.
Six copiers will be leased immediately, and the remaining copiers will be leased over a two -year period as
current copy machines require replacement. Cost savings over a five -year period are estimated to be
$9,667. Staff will make a small adjustment to the wording in the Recommendation to reflect the exact
number of copiers being leased. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 4
CONSENT AGENDA.
D. Contract Amendment: Bond Counsel LID #33
Staff is seeking Council approval to enter into a contract amendment with Foster Pepper PLLC in the
amount of $25,000 for litigation services, as required, in regard to contested assessments by Local
Improvement District (LID) #33 property owners. This amendment will take the current contract past the
$40,000 Council approval threshold, and therefore, staff is seeking Council approval. The Committee
asked staff to confirm where the funds for this amendment are taken. UNANIMOUS APPROVAL.
FORWARD TO SEPTEMBER 4 CONSENT AGENDA.
E. 2012 Market Studv for Non Represented Employees
As information only, staff notified the Committee of the positions that will be reviewed for a market study
comparison per Resolution No. 1769. These positions fell in the 5% range after application of the 2012
wage adjustment. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 6:33 p.m.
Next meeting: Wednesday,* September 5, 2012 5:15 p.m. Conference Room #3
*Wednesday due to HOLIDAY
Committee Chair Approval
Minutes by KAM.
IN
rmysl
F"ALMA
COUNCIL AGENDA SYNOPSIS
AGENDA ITEM TITLE
Initials
Meeting Date Prepared by Ma or's review
09/04/12 PMC�
ITEM INFORMATION
STAFF SPONSOR: PEGGY MCCARTHY
Council review
ITEMNO.
F
ORIGINAL AGENDA DATE: 0 9/04/12
Tukwila Urban Center Access (Klickitat) Project LID
Foster Pepper PLLC Bond Counsel Contract Amendment
CATEGORY Discussion ®Motdonl Consent Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 09104112 Mtg Date Mtg Date Mtg Date Mtg Date Mfg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI
SPONSOR'S The City has an existing contract with Foster Pepper PLLC as its Bond Counsel for the
SUMMARY Tukwila Urban Center Access (Klickitat) Project Local Improvement District. The original
contract did not include litigation services. This amendment provides these services, if
litigation does occur. The Finance Department is seeking Council approval for the Mayor to
sign the contract amendment with Foster Pepper PLLC.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 08/21/12 COMMITTEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$25,000.00 $1,525,000.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PG 13, 2012 CIP)
Comments:
MTG.DATE1 RECORD OF COUNCIL ACTION
9/4/12 1
MTG. DATE J ATTACHMENTS
9/4/12 Informational Memorandum dated 08/21/12
2009 Contract with Foster Pepper PLLC
Draft Contract Amendment with Foster Pepper PLLC
Minutes from the Finance and Safety Committee meeting of 08/21/12
21
22
City of Tukwila
FROM:
BY:
DATE:
SUBJECT
ISSUE
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance Safety Committee
Peggy McCarthy, Finance Director
Richard Takechi, Fiscal Coordinator
August 21, 2012
Amending Contract #09 -130 Between the City of Tukwila and Foster
Pepper PLLC
Amend Contract #09 -130 between the City and Foster Pepper PLLC to provide for up to
$25,000 of litigation services and thereby increasing the total contract to $63,040.
BACKGROUND
The City has retained Foster Pepper PLLC as its Bond Counsel as it relates to the Tukwila
Urban Center Access (Klickitat) Project Local Improvement District. The current contract
excludes litigation services. The amendment will allow Foster Pepper PLLC to perform certain
litigation services should any LID property owners contest the assessment role or related
decisions. This amendment will increase the contract to over $40,000, thus, needing Council
approval.
DISCUSSION
The attached proposed amendment will increase the contract in an amount not to exceed
$25,000 in the event of litigation. The City is anticipating appeals to the Hearing Examiner, and
consequently, potential litigation. This amendment will cover that cost, the exception being
litigation which is appealed to the superior court. If this occurs, the City would have the
discretion of modifying this agreement or utilizing other sources. This $25,000 amendment will
increase the original contract amount not to exceed $63,040. Having Foster Pepper PLLC
perform the services will appear fair and unbiased as a third party.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the contract amendment in an
amount not to exceed $25,000 and the entire contract not to exceed $63,040 and forward this
item to the Consent Agenda of the September 4, 2012 Regular Meeting.
ATTACHMENTS
Amendment to contract #09 -130.
Contract #09 -130.
23
24
CITY OF TUKWILA
CONTRACT FOR SERVICES
Amendment 1
Between the City of Tukwila and Foster Pepper PLLC
That portion of Contract No. 09 -130, 4A between the City of Tukwila and Foster Pepper
PLLC is amended as follows:
4.A.
Payment for the work provided by Bond Counsel shall be made as provided on Exhibit C
attached, provided that the total amount of payment to Bond Counsel for Bond Counsel work
shall not exceed $17,640 plus $5,400 for a total of $23,040. This amount is based on the current
estimated maximum bond amount of $9,500,000. Payment for the work provided by Bond
Counsel for special counsel services, including special counsel work previously performed under
the Original 2006 Agreement, shall not exceed $15,000. In the event of litigation in
connection with the formation of the LID or the assessment roll confirmation, or related
contested hearings, with the exception of an assessment appeal to superior court, Bond
Counsel will represent the City for work in an additional amount not exceeding $25,000. If
an assessment(s) is appealed to superior court, then the City has the option to amend this
Agreement as it pertains to this type of litigation. The maximum amount payable under
this Agreement (including special counsel work previously paid) shall not exceed $63,040
without a written modification of this Agreement signed by both parties.
All other provisions of the contract shall remain in full force and effect.
Dated this day of 2012.
FOSTER PEPPER PLLC
Contractor
Hugh Spitzer, em
ATTEST/ AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
CITY OF TUKWILA
Jim Haggerton, Mayor
APPROVED AS TO FORM
City Attorney
Date approved by City Council
(Applicable if contract amount is over $40,000)
contractamend.doc
57235859.1 25
26
09 -130
Council Approval N/A
AGREEMENT FOR BOND COUNSEL. SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington (the "City and
Foster Pepper PLLC ('Bond Counsel in consideration of the mutual benefits, terms, and
conditions hereinafter specified. This Agreement supersedes and replaces a similar agreement
entered into in 2006 (the "Original 2006 Agreement
1. Project Designation. Bond Counsel is retained by the City to perform bond counsel
services and special counsel services in connection with the Southcenter Urban Access
Improvement Project Local Improvement District (the "LID").
2. Scope of Services. Bond Counsel agrees to perform the bond counsel services described
on Exhibit A attached, and the special counsel services described on Exhibit B attached.
3. Commencement of Performance. Work under this contract has commenced under the
terms of the Original 2006 Agreement.
4. Payment. Bond Counsel shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by Bond Counsel shall be made as provided on
Exhibit C attached, provided that the total amount of payment to Bond Counsel for
Bond Council work shall not exceed $17, 640 plus $5,400 for a total of $23,040.
This amount is based on the current estimated maximum bond amount of
$9,500,000. Payment for the work provided by Bond Counsel for special counsel
services, including special counsel work previously performed under the Original
2006 Agreement, shall not exceed $15,000. The maximum amount payable under
this contract (including special counsel work previously paid) shall not exceed
$38,040 without a modification of this Agreement signed by the City.The parties
recognize that this maximum amount for special counsel work does not contemplate
Bond Counsel representing the City in any litigation challenging the formation of the
LID or challenging the assessment roll.
B. Bond Counsel may submit invoices to the City once per month for special counsel
services during the progress of the work for partial payment for that portion of the
project completed to date. Special counsel invoices should identify the attorney or
legal assistant performing the work, the date of the work, a short description of the
tasks performed, and the amount charged for that work. Both special counsel and
Bond Counsel work should summarize expenses charged. Invoices will be checked
by the City and, upon approval thereof, payment shall be made to Bond Counsel in
the amount approved. Invoices should be sent to: Cyndy Knighton, Senior
Transportation Engineer, City of Tukwila, 6300 Southcenter Blvd., Suite 100,
Tukwila, WA 98188.
C. Payment is provided in this section shall be full compensation for work performed
and for all materials, supplies, equipment and incidentals necessary to complete the
51006939.3
27
work, except that Bond Counsel shall be reimbursed for photocopying (not more
than .10 /page), travel expenses, long distance telephone charges, and courier
services.
D. Bond Counsel's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, and other materials produced by
Bond Counsel in connection with the services rendered under this Agreement shall be the
joint property of the City and Bond Counsel. Bond Counsel shall be permitted to retain
copies, including reproducible copies, of all documents for information, reference and use
in connection with Bond Counsel's endeavors. Bond Counsel shall not be responsible or
liable for any use of the said documents, or other materials by the City on any project or
financing other than the project and financing specified in this Agreement.
6. Compliance with Laws. Bond Counsel shall, in performing the services contemplated
by this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Conflicts of Interest. Bond Counsel represents many political subdivisions, companies
and individuals in numerous business, real estate, securities and financing transactions,
some of which may involve the City. Bond Counsel does not foresee that any such
representation will adversely affect its ability to represent the City as provided in this
Agreement, because the potential for such adversity is remote or minor and outweighed
by the consideration that it is unlikely that advice given to the other client will be relevant
to any aspect of the work undertaken as a result of this Agreement. However, during the
terms of this engagement Bond Counsel shall not represent any adverse parties against the
City without the City's prior written approval. By retaining Bond Counsel as its counsel
on this transaction, the City recognizes that firm's representation of any adverse clients
for whom waivers have previously been granted by the City. The City also approves Bond
Counsel's representation, in matters unrelated to the Bonds or the City, of any bond
underwriter that ultimately may purchase the City's LID bonds.
8. Indemnification. Bond Counsel shall indemnify the City, its officers, agents and
employees, from and against any and all claims, losses or liability, including attorney's
fees, arising from injury or death to persons or damage to property occasioned by any
negligent act, omission or failure of Bond Counsel, its officers, agents and employees, in
performing the work required by this Agreement. With respect to the performance of this
Agreement and as to claims against the City, its officers, agents and employees, Bond
Counsel expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, provided for in this paragraph extends to any claim brought by or
on behalf of any employee of Bond Counsel. This waiver is mutually negotiated by the
parties. This paragraph shall not apply to any damage resulting from the sole negligence
-2-
510069393
W
of the City, its agents and employees. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees, this obligation to indemnify is valid and enforceable only to the
extent of the negligence of Bond Counsel, its officers, agents and employees.
9. Insurance. Bond Counsel shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance, with a minimum coverage of
$500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per
occurrence/ aggregate for property damage, and professional liability insurance in the
amount of $1,000,000 per occurrence and annual aggregrate.
10. Independent Contractor. Bond Counsel and the City agree that Bond Counsel is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Bond Counsel nor any employee of Bond
Counsel shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Bond Counsel, or any employee of Bond Counsel.
11. Covenant Against Kickbacks. Bond Counsel warrants that they have not employed or
retained any company or person, other than a bonafide employee working solely for Bond
Counsel, to solicit or secure this contract, and that they have not paid or agreed to pay any
company or person, other than a bonafide employee working solely for Bond Counsel,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warrant, the City shall have the right to annul this contract without
liability, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
12. Discrimination Prohibited. Bond Counsel, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13. Assignment. Bond Counsel shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. Non Waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
-3-
51006939 3
c e
15. 'Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten
days written notice to Bond Counsel. Bond Counsel may terminate this Agreement
by giving 30 days written notice to the City, subject to the Rules of Professional
Conduct governing attorneys.
B. In the event of the death of a member, partner or officer of Bond Counsel, or any of
its supervisory personnel assigned to the project, the surviving members of Bond
Counsel hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of
this Agreement between surviving members of Bond Counsel and the City, if the
City so chooses.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Bond Counsel shall be sent to the following address:
Hugh D. Spitzer
Foster Pepper PLLC
1111 Third Avenue, Suite 3400
Seattle, WA 98101
IT Integrated Agreement. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and Bond Counsel and
supersedes all prior negotiations, representations, or agreements written or oral regarding
Bond Counsel's services with respect to the LID. This Agreement may be amended only
by written instrument signed by both the City and Bond Counsel.
DATED the later execution date by each of the parties to this Agreement.
CITY OF TUKWILA
C#1 H erton, M
Attest/Au enticated:
..lei
x
Christy O' Flaherty City Clerk 1-1
51006939.3
-4-
BOND COUNSEL
a�
-A
Hugh D' Spitzer, Member`
Approved as to Form:
O ice th ity ttorney
0111
10.14:1.1 j.M
SCOPE OF BOND COUNSEL SERVICES
FOSTER PEPPER PLLC
In the following, we use the term "bonds" to include any obligation of the City for which we
are asked to serve as bond counsel.
A. BOND COUNSEL SERVICES
Those services which Foster Pepper PLLC traditionally provides as bond counsel to the City
include.
(1) Advising the City and its consultants on the legal requirements applicable to and,
when requested, participating with those consultants and City staff in planning, the financing of a
project, including advice on state law and federal income tax and securities laws;
(2) Reviewing the transcripts relating to the prior issuance by the City of related
outstanding obligations (typically revenue obligations), to assure conformity of the bonds with
applicable covenants and conditions;
(3) Based on facts provided by the City, performing the necessary legal analysis to
determine, in financings in which the bonds are intended to be tax exempt, whether interest on the
bonds will qualify for an exclusion from gross income for federal income tax purposes, and
preparing tax exemption and nonarbitrage certificates;
(4) Drafting the ordinances /resolutions and other documents necessary to authorize the
bonds to be sold and issued (including, where applicable, ballot title ordinances /resolutions);
(5) Attending certain meetings relating to the sale and issuance of the bonds;
(6) Forwarding City financing documents to bond rating agencies and/or bond insurers,
when requested by the City or the City's financial consultant or underwriter, and explaining those
documents to agency and insurer representatives;
(7) When requested by the City or the City's financial consultant or underwriter, reading
those portions of drafts of the official statement, offering circular or other sales material relating to
the bonds prepared by the City's investment bankers necessary to assure the accuracy only of the
'description of the bonds, the source of payment and security for the bonds, any continuing disclosure
undertaking and the federal tax treatment of the interest on the bonds;
(8) Preparing closing documents necessary to support the issuance of the bonds and
assembling the transcript after the closing; and
(9) Subject to the completion of proceedings to our satisfaction, furnishing the firm's
approving legal opinion for the bonds regarding the validity and binding effect of the bonds and the
excludability of interest on the bonds from gross income for federal income tax purposes.
Exhibit A 1
510069393
31
Bond Counsel's bond opinion will be based on facts and law existing as of its date, and will
constitute the expression of our professional judgment on the matters expressly addressed and not a
guarantee of result. In rendering that opinion, Bond Counsel will rely upon the certified proceedings
and other certifications of public officials and other persons furnished to us without undertaking to
verify the same by independent investigation, and we will assume the City's continuing compliance,
after the issue date, with applicable laws relating to the bonds. During the course of this
engagement, we will rely on the City to provide us with complete and timely information on all
developments pertaining to any aspect of the bonds and their security, as well as the expected use of
bond proceeds. Bond Counsel understand and expect that officers and employees of the City will
cooperate in this regard.
B. OTHER SERVICES
Traditional bond counsel services described above do not include the following additional
bond and project- related work for the City which we would be pleased to perform on request,
working with the City's attorney or other designated representatives. The provision of these services
involves separate fee arrangements and compensation at the hourly rates set forth in Exhibit B.
(1) The drafting or review for sufficiency of any environmental impact statements or
other evidence of compliance with the State and National Environmental Policy Acts, the Shorelines
Management Act, Growth Management Act and similar laws;
(2) The drafting or review for accuracy of portions of any official statement, offering
circular or other sales material relating to the issuance of the bonds prepared by the City or its
underwriter or otherwise used in connection with such bonds, other than the review of those portions
of the official statement describing the bonds, the source of payment and security for the bonds, any
continuing disclosure undertaking and the expected federal tax treatment of the interest on the bonds
is included in our services as bond counsel (See item A.7 above);
(3) Giving advice to the City's consultants regarding the applicability of the registration
requirements under federal or state securities laws or regarding federal and state securities disclosure
requirements or due diligence review;
(4) Drafting or negotiating of bond purchase agreements (though as a matter of course as
bond counsel we typically review such agreements to assure that they conform to the City's bond
authorization documents);
(5) Negotiation and drafting of repurchase agreements, investment contracts, custodial
agreements, swap agreements, credit enhancement or liquidity facilities (other than bond insurance),
and contracts (including contracts with developers or owners of property included within local
improvement districts formed by the City), or disputes or litigation in connection therewith;
(6) Attending rating agency or public information meetings in connection with the
issuance of bonds;
Exhibit A 2
51006939.3
32
(7) Preparation of supplemental opinions required of bond counsel by the City or the
underwriter of bonds in connection with their issuance;
(8) The drafting or obtaining of state or federal legislation;
(9) Participating in administrative proceedings, trial or appellate litigation;
(10) Drafting special assessment district formation and assessment documents and
attending special assessment hearings (see Exhibit B);
(11) Work in connection with seeking or obtaining governmental assistance or approvals
from governmental agencies other than the City, necessary for carrying out the purposes of the bond
issue;
(12) Providing services relating to public works bidding, negotiating design or
construction contracts, or carrying out the acquisition of property or the construction of projects;
(13) Representing the City in Internal Revenue Service examinations or inquiries, or
Securities and Exchange Commission investigations;
(14) After closing, providing continuing advice to the City or any other parry concerning
any actions necessary to assure that interest paid on the bonds will continue to be excludable from
gross income for federal income tax purposes (e.g., our engagement as bond counsel does not
include rebate calculations for the bonds, dealing with changes of use or delays in the expenditure of
proceeds);
(15) Assisting the City with its continuing disclosure obligations consistent with
applicable securities laws; or
(16) Addressing any other matter not specifically set forth above that is not required to
furnish our bond opinion.
C. FILE MANAGEMENT
After the transaction is concluded, Bond Counsel will deliver to the City a complete copy of
the transcript of the transaction. A transcript is delivered generally within 30 to 60 days after
closing. We then close our files regarding the matter, and Bond Counsel's representation on the
transaction is completed. Additional services after closing would be addressed under Part B, above.
Exhibit A 3
51006939.3
33
EXHIBIT B
SPECIAL COUNSEL SERVICES
1. Prepare LID formation documents, including notices, resolution of intention and
formation ordinance, or review such documents prepared by the office of the City
Attorney.
2. Prepare assessment roll confirmation documents, including notices and confirmation
ordinance, or review such documents prepared by the office of the City Attorney.
3. Prepare form of notice for collection, or review such notice as prepared by the office of
the City Attorney.
4. Attend meetings with staff and consultants as requested by City.
5. Attend and advise the City at the formation hearing, if requested by the City.
6. Attend and represent the LID or the City Council in assessment roll confirmation
hearings, if requested by the City.
7. Perform such other tasks as the City may reasonably request in connection with the
formation of the LID, confirmation of the assessment roll and preparation of notices for
collection.
Exhibit B
5 1006939 3
34
EXHIBIT C
1. Bond Counsel fees for LID revenue bonds shall be calculated according to the following
schedule:
Issue Size
Revenue Bonds
$100,000 or less
$4,800
$100,000 $999,999
$4,800 3.60 per $1,000 in
excess of $100,000
1M $4.999 M
$8,040 2.40 per $1,000 in
excess of $1 million
5M $9.999 M
$17,640 1.20 per $1000
in excess of $5 million
10M $20M
$23,640 +.60 per $1,000 in
excess of $10 million
Over $20M
Negotiable
SPECIAL RULES:
Bond Anticipation Notes: 0.65 times the bond fee, then 1/2 the bond fee on each rollover.
2. Fees for Special Counsel Services will be charged each attorney's standard hourly rate
then in effect, minus a 10% discount. The following reduced rates are currently in effect:
Hugh D. Spitzer $420.00
P. Stephen DiJulio 375.00
Other Members "Partners 375.00 (est.)
Associates 260.00 (est.)
Exhibit C
510069393
35
Rim
Finance Safety Committee Minutes
Auoust 21, 2012 Paae 2
C. Lease Agreement: Xerox Corporation for Copiers
Staff is seeking Council approval to enter into lease agreements with the Xerox Corporation of the next
two years for a total of 19 copiers in an amount to exceed $210,000.
Six copiers will be leased immediately, and the remaining copiers will be leased over a two -year period as
current copy machines require replacement. Cost savings over a five -year period are estimated to be
$9,667. Staff will make a small adjustment to the wording in the Recommendation to reflect the exact
number of copiers being leased. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 4
CONSENT AGENDA.
D. Contract Amendment: Bond Counsel LID #33
Staff is seeking Council approval to enter into a contract amendment with Foster Pepper PLLC in the
amount of $25,000 for litigation services, as required, in regard to contested assessments by Local
Improvement District (LID) #33 property owners. This amendment will take the current contract past the
$40,000 Council approval threshold, and therefore, staff is seeking Council approval. The Committee
asked staff to confirm where the funds for this amendment are taken. UNANIMOUS APPROVAL.
FORWARD TO SEPTEMBER 4 CONSENT AGENDA.
E. 2012 Market Studv for Non Represented Emplovees
As information only, staff notified the Committee of the positions that will be reviewed for a market study
comparison per Resolution No. 1769. These positions fell in the 5% range after application of the 2012
wage adjustment. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 6:33 p.m.
Next meeting: Wednesday,* September 5, 2012 5:15 p.m. Conference Room #3
*Wednesday due to HOLIDAY
Committee Chair Approval
Minutes by KAM.
37
W
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mayors review Councilreview
09/04/12 I MCB 5
6.A.
ITEM INFORMATION
STAFF SPONSOR: MOIRA CARR BRADSHAW ORIGINAL AGENDA DATE: 09/04/12
AGENDA ITEM TITLE Tukwila Commuter Rail /Amtrack Station Permanent Station Improvements
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other
Mtg Date Mtg Date 09104112 Mtg Date Mtg Date 01 108 1I2 Mtg Date Mtg Date 09104112 Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P &R Police PW
SPONSORS Quasi judicial public hearing and motion to approve with conditions the Unclassified Use
SUMMARY Permit (1-12 -002) and Design Review (1-12 -003) applications for the above project.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMPTTEE N/A
EXPENDITURE REQUIRED
$0
Fund Source: N/A
Comments:
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
$0
MTG. DATE J
09/04/12 1
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0
RECORD OF COUNCIL ACTION
MTG.DATEJ ATTACHMENTS
09/04/12 Staff Report in three ring binder distributed on 8/24/2012
Informational Memorandum dated 8/8/2012
I
TO:
FROM:
BY:
DATE:
SUBJECT
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton and City Council
Jack Pace, Community Development Director
Moira Carr Bradshaw, Senior Planner
August 8, 2012
Tukwila Sounder /Amtrak Station Permanent Improvements Proceedings
for Quasi Judicial Public Hearing and Decision.
Issue
Review and disposition of the Unclassified Use Permit and Design Review Request.
Background
In order to establish a fair, orderly and consistent process for making major land use decisions,
the City Council adopted Resolution 1335, which provides step by step procedures for quasi
judicial decisions.
Discussion
The sequence of the proceeding is as follows:
1. The Mayor opens the public hearing.
2. The City Attorney will
swear in anyone who wishes to testify and
ask Council member to disclose any appearance of fairness issues, ex parte
communications, or site visits;
3. Staff will present
4. The applicant will present
5. The public will be asked to speak
6. The applicant may summarize
7. Staff may summarize
8. The Council may ask questions
9. The Mayor closes public hearing
10. The Council then discusses the material and testimony and makes a motion to:
a) Adopt the findings and conclusions of the staff report and approve; OR
b) Modify the finding and conclusions of the staff report and approve with DIFFERENT
Conditions; OR
C) Reopen the hearing on a specific date in the future in order to gather additional
information; OR
d) Modify the findings and conclusions of the staff report and deny the applications.
Recommendation
1. Adopt the findings and conclusions of the staff report and approve the extension of the
temporary station until the permanent improvements are constructed;
2. Approve the modifications from the Zoning Code standards;
3. Approve the Unclassified Use Permit subject to the conditions identified; and
4. Approve the Design Review application subject to the conditions identified.
Attachments
Resolution No. 1335 (for reference)
Staff Report and attachments under separate cover distributed on August 24, 2012.
41
42
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared by Mfr's review Council review
11/14/11 NG
08/27/12 NG 6.6.
09/04/12 NG ,pd�/hC-
ITEM INFORMATION
STAFF SPONSOR: NORA GIERLOFF I ORIGINALAGENDA DATE: 1 1/14/11
AGENDA ITEM TITLE Permit Tracking System Replacement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mt g Date 8127/12 Mtg Date 9/4/12 Mtg Date Mt Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S The software program used to track City permits is being phased out by the vendor. An
SUMMARY interdepartmental committee has made a recommendation for its replacement. This is an
opportunity to significantly improve service to the public. The 2012 budget allows for
starting the contracting and migration process with implementation and additional costs
expected in 2013. A technology fee could cover the capital cost of the system. An interlocal
purchasing agreement with eCityGov Alliance will allow us to take advantage of group
discounts.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1 0/24/11,8/13/12 COMMITTEE CHAIR: SEAL, HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$175,000 2012 $150,000 2013 $0 $150,000 in 2013
Fund Source:
Comments: Costs are approximate, a technology fee could pay back the investment over time
MTG. DATE I RECORD OF COUNCIL ACTION
11/14/11 Approved the budget amendment
8/27/12 Forward to next Regular Meeting
MTG. DATE
11/14/11
8/27/12
9/4/12
ATTACHMENTS
Informational Memorandum dated 10/14/11 with attachments
Minutes from the Community Affairs and Parks Committee meeting of 10/24/11
Informational Memorandum dated 8/7/12 with attachments
Minutes from the Community Affairs and Parks Committee meeting of 8/13/12
Additional module information as requested by Community Affairs and Parks Committee.
No attachments
43
p
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meetin,q Date I Prepared by I Mayors review I Council review
08/27/12 1 CW I I WW4-
09/04/12 I CW I Mc I f� I 6.C.
I" I J
ITEM INFORMATION
STAFF SPONSOR: PEGGY MCCARTHY I ORIGINAL_ AGENDA DATE: 08/27/12
AGENDA ITEM Trrr_E An Ordinance amending Title 5 Business Licenses and Regulations
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing ❑Other
Mtg Date 08127112 Mig Date Mtg Date Mt g Date 09/04/12 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI
SPONSOR'S Finance staff has performed a review of Title 5 Business License and Regulations and have
SUMMARY identified some code changes/ modifications including: definition of business,
standardization of regulations for temporary business licenses, revisions to the appeal
process and some general housekeeping issues.
REVIEWI3D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 08/21/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONsoR /ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG.DATEI RECORD OF COUNCIL ACTION
08/27/12 1 Forward to next Regular Meeting
I MTG. DATE I ATTACHMENTS
08/27/12 I Informational Memorandum dated 8/21/12
Ordinance in Draft Form
Business License Penalties /2012 Notices Issued
2011 Temporary Event Licenses Issued
9/4/12 I Ordinance in final form
I
45
I.;
ELAM
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 5,
"BUSINESS LICENSES AND REGULATIONS," TO CLARIFY THE
DEFINITION OF "BUSINESS AMEND LANGUAGE RELATING
TO A TEMPORARY BUSINESS LICENSE, UPDATE LANGUAGE
DEFINING LATE ACQUISITION OF LICENSE AND PENALTY
FEES, AND REINSTATING THE FORMER APPEAL FEE OF
$250.00; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Title 5 of the Tukwila Municipal Code (TMC), "Business Licenses and
Regulations," was last updated November 2011 by Ordinance No. 2356; and
WHEREAS, a revision to the definition of "business" will help clarify when a City
business license is required; and
WHEREAS, the City Council desires to standardize regulations relating to a
temporary business license; and
WHEREAS, the City Council supports assessment of penalty fees for a business
operating without first obtaining a business license, and for businesses that fail to renew
their business license in the required timeframe; and
WHEREAS, revisions to the appeal procedures and appeal fees are needed for
consistency in filing of appeals relating to all sections of Title 5 and to help defray the
cost of Hearing Examiner fees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.04.010, "Definitions," Amended. Ordinance Nos.
2356 §1, 2333 §1 and 2315 §1 (part), as codified at TMC Section 5.04.010,
"Definitions," under subparagraph 1 entitled, "Business," are hereby amended to read
as follows:
W: Word Processing \Ordinances \Business lic amds- definitions and appeals 8 -28 -12
CW:bjs Page 1 of 7
47
1. "Business," means and includes all activities, occupations, trades, pursuits, or
professions located or engaged within the City that involves the manufacturing or
processing of materials of any type, the sale of goods, wares or merchandise, the
rendition of services or the repair of goods, wares or merchandise for any consideration
to the person engaging in the same or to any other person or class, directly or indirectly,
whether or not an office or physical location for the business lies within the City limits.
Section 2. TMC Section 5.04.015, "Business License Required," Amended.
Ordinance Nos. 2333 §2 and 2315 §1 (part), as codified at TMC Section 5.04.015,
"Business License Required," are hereby amended to read as follows:
No person or persons shall conduct, maintain, operate, or engage in any business
within the City without first applying for and obtaining a business license and paying the
fee(s) as prescribed herein unless the business is exempt. The exemption is only from
the need to pay a fee for issuance of the business license and shall not be construed as
relief from compliance with other requirements of the Tukwila Municipal Code. All
businesses operating or engaging in business within the City are required to submit a
business license application or renewal, as appropriate, regardless of whether a
business license fee is due to the City.
Section 3. TMC Section 5.04.020, "Application and Fees Required," Amended.
Ordinance Nos. 2356 §2, 2333 §3 and 2315 §1 (part), as codified at TMC Section
5.04.020, "Application and Fees Required," under subparagraph C entitled "Minimum
Fee," are hereby amended to read as follows:
C. Minimum Fee. There shall be a minimum fee for an annual license of $67.00,
consisting of a $12.00 business license fee and a $55.00 RGRL fee, except for an entity
defined in TMC Section 5.04.090.
1. A business with less than $12,000.00 of annual gross receipts shall pay the
minimum license fee. A residential rental property with less than $12,000.00 of annual
gross receipts shall be exempt from the RGRL fee, but shall be subject to the license
fee requirements set forth in TMC Section 5.06.040.
2. An entity engaging in some activities or functions that are exempt from the
combined business license fee and some that are not exempt shall pay a license fee
based on the number of full -time equivalent employees involved in the functions or
activities that are not exempt.
3. An individual person operating more than one business as sole
proprietorship or owning more than one residential rental property within the corporate
limits of the City shall pay only one RGRL fee, at an amount equal to the highest RGRL
fee for any one of the multiple businesses, if not otherwise exempt from paying the
license fee pursuant to this chapter. TMC Section 5.04.020.C.3 shall not apply if any
one of the businesses or properties owned by the sole proprietor has three or more full
time equivalent employees.
4. If a business has more than one location in Tukwila, the license fee
calculation shall include at least the minimum fee for each location.
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5. The license fee for a business required to be licensed under this chapter
and not located within the City's corporate limits shall be calculated by multiplying the
license fee by the number of FTE employees working within the City, but in no event
shall the license fee be less than the minimum license fee set forth in this chapter. If the
number of FTE employees is not known at the time of renewal, the business shall
estimate the maximum number of FTE employees they anticipate working in Tukwila for
the 12 -month period subject to licensure.
6. Businesses doing business in the City that have no employees physically
working within the City shall pay the minimum fee required under this chapter.
7. Businesses or organizations eligible for a temporary business license
pursuant to TMC Section 5.04.010 will be required to pay the minimum $67.00 business
license fee unless the applicant is participating at a City- sponsored event or as part of
an event held at the Tukwila Community Center. If an applicant is participating at a
City- sponsored event or as part of an event held at the Tukwila Community Center, they
will be required to complete all application requirements and approvals required by the
City's Parks and Recreation Department.
Section 4. TMC Section 5.04.050, "Fee for Late Acquisition or Renewal,"
Amended. Ordinance Nos. 2356 §4, 2333 §5 and 2315 §1 (part), as codified at TMC
Section 5.04.050, "Fee for Late Acquisition or Renewal," are hereby amended to read
as follows:
5.04.050 Late Acquisition or Renewal
A. Penalty. Failure to pay the license fee by the first day of commencing business
operations pursuant to TMC Section 5.04.020 will result in a late acquisition penalty
equal to 5% of the license fee for the first month of delinquency and an additional
penalty of 5% for each succeeding month of delinquency, not to exceed a total penalty
of 25% of the license fee. Failure to pay the annual business license renewal fee by
January 31st shall constitute delinquency and shall result in a penalty equal to 15% of
the business license fee for applications and payment receipted or postmarked
February 1 through February 28. If application and payment is receipted or postmarked
March 1 through March 31st, a penalty of 30% of the business license fee will be added.
If application and payment is receipted or postmarked April 1 or later, a penalty of 45%
of the business license fee will be added. No business license for the current period
shall be granted until all delinquent fees, together with penalties, have been paid in full.
The Finance Director or his /her designee is authorized, but not obligated, to waive all or
any portion of the penalties and interest provided herein in the event the Director or
his /her designee determines that the late payment was the result of excusable neglect
or extreme hardship.
B. Collection of Fees and Penalties. Any license fee due and unpaid under this
chapter, and all penalties thereon, shall constitute a debt to the City and may be
collected in court proceedings in the same manner as any other debt in like amount,
which remedy shall be in addition to any and all other existing remedies.
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49
C. Revocation of License. The Finance Director may revoke any business
license issued pursuant to this chapter to any business or other person who is in default
in any payment of any license fee hereunder, or who shall fail to comply with any of the
provisions of this chapter. Notice of such revocation shall be mailed to the license
holder by the Finance Director, and on and after the date thereof any such business that
continues to engage in business shall be deemed to be operating without a license and
shall be subject to any and all penalties herein provided.
D. There shall be a penalty of not less than $50.00 to reinstate any business
license revoked through nonpayment of the business license fee.
Section 5. TMC Section 5.04.070, "Change in Nature of Business," Amended.
Ordinance Nos. 2356 §5, 2333 §6 and 2315 §1 (part), as codified at TMC Section
5.04.070, "Change in Nature of Business," are hereby amended to read as follows:
The license granted in pursuance hereof shall be used to conduct the business or type
of business at the designated address for which such license is issued. Any change in
the nature of the business, a change in the Unified Business Identifier (UBI) issued by
the Washington State Department of Licensing, a change in the physical location of the
business, or a change in ownership of the business shall necessitate a renewed
application to the Finance Department. A change in the nature of business, change in
the Unified Business Identifier or a change in ownership will also require payment of the
applicable license fee.
Section 6. TMC Section 5.04.112, "Appeal of Notice of Denial, Suspension or
Revocation," Amended. Ordinance Nos. 2333 §9 and 2315 §1 (part), as codified at
TMC Section 5.04.112, "Appeal of Notice of Denial, Suspension or Revocation," are
hereby amended to read as follows:
A. Whenever the Finance Director, or his /her designee, determines there is cause
for suspending, denying or revoking any license issued or applied for pursuant to this
chapter, the Finance Director, or his /her designee, shall notify the person holding the
license, by registered mail or hand delivery, of his /her determination. Notice mailed to
the address on the license shall be deemed received three business days after mailing.
The notice shall specify the grounds for suspension, denial or revocation.
B. The licensee or applicant may appeal the decision of the Finance Director, or
his /her designee, to suspend, deny or revoke a business license by filing a written
appeal to the City Clerk within 10 calendar days of the decision. The appeal must state
the grounds for appeal and the basis for why the decision was incorrect. To be
accepted the appeal must be accompanied by an appeal fee of $250.00.
C. Upon receipt of the notice of appeal, the Finance Director shall set a date for
hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be
mailed to the licensee or applicant.
D. The hearing shall be de novo. The Hearing Examiner may affirm, reverse or
modify the Finance Director's, or his /her designee's, decision.
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50
E. The decision of the Hearing Examiner shall be final. Any appeal from the
administrative hearing shall be to King County Superior Court within 14 calendar days of
the Hearing Examiner's decision.
Section 7. TMC Section 5.08.080, "Appeals and Hearing," Amended.
Ordinance Nos. 2355 §6, 1796 §3 (part) and 1586 §2 (part), as codified at TMC Section
5.08.080, "Appeals and Hearing," are hereby amended to read as follows:
A. Any person aggrieved by the action of the Finance Director in refusing to issue
or renew any license under this chapter or in suspending or revoking any license under
this chapter shall have the right to appeal such action to the City Hearing Examiner, or
to such other hearing body as may hereafter be established by the City Council for the
hearing of such appeals, by filing a notice of appeal with the City Clerk within 10 days of
receiving notice of the action from which appeal is taken. The appeal must state the
grounds for appeal and the basis for why the decision was incorrect and include an
appeal fee of $250.00.
B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for
a hearing of such appeal within 20 days from the date of such receipt, except as
specified in TMC Section 5.08.080.C. The hearing shall be de novo. The hearing body
shall hear testimony, take evidence and may hear oral argument and receive written
briefs. The filing of such appeal shall stay the action of the Finance Director, pending
the decision of the hearing body.
C. The decision of the hearing body on an appeal from a decision of the Finance
Director shall be based upon a preponderance of the evidence. The burden of proof
shall be on the appellant.
D. The decision of the hearing body shall be final unless appealed to the Superior
Court within 20 days of the date the decision is entered.
Section 8. TMC Section 5.10.100, "Appeals," Amended. Ordinance No. 1778
§2 (part), as codified at TMC Section 5.10.100, "Appeals," is hereby amended to read
as follows:
A. Upon notice of non issuance, revocation or suspension of any license under
this chapter, or imposition of any penalty under TMC Section 5.10.110, the applicant or
license holder may appeal by filing a notice of appeal, specifying the particular
reason(s) upon which the appeal is based, with the City Clerk within 10 days of the date
of the notice of non issuance, revocation or suspension. To be accepted, the appeal
must be accompanied by an appeal fee of $250.00. A timely notice of appeal shall stay
the effect of the notice of non issuance, revocation, suspension or imposition of any
penalty under TMC Section 5.10.110. An untimely notice of appeal shall be rejected as
such by the City Clerk, and no appeal hearing shall be scheduled. A warning notice to a
manager, under TMC Section 5.10.110.A.1, shall not constitute the imposition of a
penalty.
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51
B. Upon timely filing of a notice of appeal, the Finance Director shall schedule a
hearing on the appeal before a Hearing Examiner. The hearing shall be conducted no
later than 45 days from the date of the notice of appeal, unless an extension is agreed
to by the appellant or otherwise ordered by the Examiner for good cause shown. The
Hearing Examiner shall have the authority to issue subpoenas for persons and
documents relevant to the appeal upon request of a party.
C. Within 20 days, excluding holidays recognized by the City of Tukwila, from the
date of the hearing on an appeal under this section, the Hearing Examiner shall issue a
written decision which shall set forth the reasons therefor.
D. A decision of the Hearing Examiner, or a decision of the City Clerk to reject an
appeal as untimely, shall be final, unless an application for a writ of review is filed with
the King County Superior Court and properly served upon the City of Tukwila within 14
calendar days of and including the date of the Hearing Examiner's decision.
Section 9. TMC Section 5.56.100, "Appeals," Amended. Ordinance Nos. 1747
§1 (part) and 1490 §2 (part), as codified at TMC Section 5.56.100, "Appeals," are
hereby amended to read as follows:
A. Upon notice of non issuance, revocation or suspension of any license under
this chapter, or imposition of any penalty under TMC Section 5.56.120, the applicant or
license holder may appeal by filing a notice of appeal, specifying the particular
reason(s) upon which the appeal is based, with the City Clerk within 10 days of the date
of the notice of non issuance, revocation or suspension. To be accepted, the appeal
must be accompanied by an appeal fee of $250.00. A timely notice of appeal shall stay
the effect of the notice of non issuance, revocation, suspension or imposition of any
penalty under TMC Section 5.56.120. An untimely notice of appeal shall be rejected as
such by the City Clerk, and no appeal hearing shall be scheduled. A warning notice to a
manager, under TMC Section 5.56.110.A.1, shall not constitute the imposition of a
penalty.
B. Upon timely filing of a notice of appeal, the Finance Director shall schedule a
hearing on the appeal before a Hearing Examiner. The hearing shall be conducted no
later than 45 days from the date of the notice of appeal, unless an extension is agreed
to by the appellant. The Hearing Examiner shall have the authority to issue subpoenas
for persons and documents relevant to the appeal, upon request of a party.
C. Within 20 days, excluding holidays recognized by the City of Tukwila, from the
date of the hearing on an appeal under this section, the Hearing Examiner shall issue a
written decision, which shall set forth the reasons therefor.
D. A decision of the Hearing Examiner, or a decision of the City Clerk to reject an
appeal as untimely, shall be final, unless an application for a writ of review is filed with
the King County Superior Court and properly served upon the City of Tukwila within 14
calendar days of and including the date of the Hearing Examiner's decision.
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52
Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 11. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 12. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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53
M
COUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meeting Date Prepared by Q Mayer's review I Council review
08/27/12 BG l 6*1"
09/04/12 BG C 6. D.
ITEM INFORMATION
CAS NUMBEIt: STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 08/27/12
AGENDA ITEM TITLE Tukwila Urban Center Transit Center
Consultant Supplemental Agreement No. 15 with IBI Group
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Aft g Date 08127112 Mtg Date 09104112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD .Finance Fire Legal P&'R Police PWI
SPONSOR'S This supplemental agreement provides funding for additional design regarding recently
SUMMARY discovered utility conflict complications and additional right -of -way acquisition services
Council is being asked to approve Supplemental Agreement No. 15 in the amount of
$65,970.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 0 8/20/12 COMMITTEE CHAIR: ALLAN EKBERG
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMI'I rEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXP:ENDI'FURE RI QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$65,970.00 $65,970.00 $0.00
Fund Source: 104 ARTERIAL STREET FUND (PAGE 19, PROPOSED 2013 CIP)
Comments: move $17,649.00 from construction budget to design
MTG. DATE I RECORD OF COUNCIL ACTION
08/27/12 Forward to next Regular Meeting
09/04/12
MTG. DATE
08/27/12
09/04/12
ATTACHMENTS
Informational Memorandum dated August 17, 2012
Page 19, Proposed 2013 CIP
Supplemental Agreement No. 15 with IBI Group
Minutes from the Transportation Committee meeting of 08/20/12
No attachments
55
56
CO UNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meeting Date Prepared b 4 6 1 &44 Mayors review Council review
08/27/12 BG 6
09/04/12 BG I 1 6. E.
v I
I
CAS NUMBER:
AGENDA ITEM TTTL
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: 08/27/12
Andover Park West Street Improvements
Consultant Supplemental Agreement No. 16 with IBI Group
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public.Hearing ❑Other
Aft g Date 08127112 Mtg Date 09104112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW
SPONSOR'S This supplemental agreement provides funding for additional design regarding recently
SUMMARY discovered utility conflict complications and additional right -of -way acquisition services
Council is being asked to approve Supplemental Agreement No. 16 in the amount of
$86,450.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 08/20/12 COMMITTEE CHAIR: ALLAN EKBERG
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMTrrIE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDPTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$86,450.00. $86,450.00. $0.00
Fund Source: 104 ARTERIAL STREET FUND(PAGE 20 PROPOSED 2013 CIP)
Comments: move $45,927.00 from construction budget to design
MTG. DATE I RECORD OF COUNCIL ACTION
08/27/12 lForward to next Reqular Neetinq
09/04/12 1
MTG. DATE I ATTACHMENTS
08/27/12 Informational Memorandum dated August 17, 2012
Page 20, Proposed 2013 CIP
Supplemental Agreement No. 16 with IBI Group
Minutes from the Transportation Committee meeting of 08/20/12
09/04/12 INo attachments
57
M:
City of Tukwila
Jim Haggerton, Mayor
CITY ADMINISTRATOR REPORT
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: August 29, 2012
SUBJECT: Report for September 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
MEETINGS
Tukwila Library August 23
The King County Library System hosted a public meeting at Foster Library to solicit citizen
input on three design concepts for the new library. Staff attended the Library's scheduled
public meeting and reviewed concepts, met the design and library team, and listened to
community comments KCLS will announce their next steps at a later date and their building
design will be permitted through the City's regular design review process before the Board
of Architecture Review this fall.
Annexation Meetings The City Administrator, Fire Chief, and Community Development
Director met with Fire District #2 and #11 commissioners and their Fire Chief regarding the
proposed annexation of the Duwamish area on several occasions during August to discuss
areas of common interest. The City continues to work cooperatively with both districts and
future meetings are currently being planned.
II. Department Updates
HUMAN SERVICES
Community Collaboration: On August 21, Human Services met with representatives from
the faith based group The Truth Center. Plans were made to communicate opportunities for
coordination.
On August 21, and August 22, Human Services staff provided resource information and
connection with those in the Tukwila School District coordinating school registration.
On August 28, Human Services staff met with the Somali Community Service Coalition
around their Growing Transit Community grant funded survey. Human Services reviewed
and provided input for the survey. The survey will elicit feedback from the Somali community
on the areas of transportation, housing and employment. Human Service and Emergency
Management materials were made available for distribution to those surveyed. Surveyed
information will be shared with the City to inform strategic planning efforts.
59
City Administrator Report
Page 2
COMMUNITY DEVELOPMENT
Greener Skies SeaTac International Airport: The FAA has completed a Draft
Environmental Assessment (DEA) to address the potential environmental impacts that could
result from the implementation of the new Performance -based Navigation flight routs and
procedures in the Seattle area. Staff will attend an agency meeting on September 5, 2012
hosted by the FAA to learn how potential impacts to Tukwila residents (noise) have been
addressed. The FAA and their consultants will also host two open house meetings for
community members and other interested parties on September 5 and 6, 2012. The DEA is
available from review and comments through September 14, 2012.
Tukwila Community Garage Sale: Over 80 Tukwila households participated in the 19
Tukwila Community Garage Sale, held on August 18 and 19, 2012. Sale locations were
publicized on Tukwila's website, in the Tukwila, Renton, and Kent Reporter newspapers,
with free notices in several other publications, and printed flyers in various locations
throughout Tukwila. Additional publicity was provided via Craig's List, and NW
Source. Participants received a "sale kit" w/a small sign, tips on holding a sale, resources
for recycling items that were left after the sale, and an evaluation sheet. The event provided
a fun opportunity to combine the recycling, reuse and resource conservation message with
shopping and community development.
Southcenter Plan: The Planning Commission held a public hearing on four documents
which comprise the Southcenter planning effort. They included the updates to the Urban
Center chapter of the Comprehensive Plan; the Southcenter Subarea Plan; Zoning Code
Chapter 18.28 replacing the Tukwila Urban Center Zone; and the Southcenter Design
Manual. Five property owners or their representatives gave testimony which will be
compiled into a comment matrix and reviewed by the Planning Commission at their
September 27 2012 meeting.
PARKS AND RECREATION DEPARTMENT
Tukwila Community Center Maintenance: Tukwila Community Center will be closed for
scheduled annual maintenance (indoors and outdoors) from September 3 -9, 2012. Fall
programs begin September 10, 2012.
Spray Park Update: One third of the Spray Park is currently not working. One of the two
AC output modules (distributes the power to the solenoid that turns the water on) has gone
bad. This unit will be replaced when the part becomes available. The seasonal closure for
the Spray Park begins September 4, 2012.
Summer Camp attendance was up 19% on average for the summer compared to last year.
TUKWILA MUNICIPAL COURT
Regional Affiliations: The interviews for the State Court Administrator vacancy previously
scheduled for August are postponed until the second week in September. This is at the
request of Chief Justice Madsen. LaTricia Kinlow, Tukwila Municipal Court Administrator is
participating on the interview panel.
On Wednesday, August 15 Tukwila Municipal Court hosted a meeting with the King
County Criminal Justice Initiatives Project. This project focuses on linking resources to
SCORE inmates who may need assistance at the time of their release due to a disability or
addiction. Those in attendance included representatives from Tukwila Municipal Court,
SeaTac Municipal Court, Burien Municipal Court, Des Moines Municipal Court, Sound
Mental Health, Veterans Affairs and DSHS. The project is led by Dave Murphy, King County
CJI Project Coordinator.
60 Z:1 CityAdministratorReports20l21 FinalReportsl CAReportSeptember4- 2012FINAL.docx
City Administrator Report
Page 3
TUKWILA POOL MPD
Pool Statistics: Participation at the Tukwila Pool continues to increase over last year. July
was a record revenue and attendance month in the history of the pool; and August revenue
is currently equal to August 2011 with the rest of the week to go.
Staff is working with the Department of Commerce to finalize the $416,666 grant paperwork
in preparation to begin the capital project.
ECONOMIC DEVELOPMENT
South King County Economic Development Initiative SKCEDI): Economic
Development staff attended the SKCEDI meeting on August 23. The group is still working
on updating the regional business attraction program.
III. Responses to Council /Citizen Inquiries
Park Impact Fee Ordinance Copies of Ordinance No. 2366 were distributed to the City
Council on August 29, in response to Councilmember Robertson's request on August 27
during the Council meeting for copies of the Parks Impact Fees
Z:1 CityAdministratorReports20l21 FinalReportskCAReportSeptember4- 2012FINAL.docx 61
M
10th (Monday)
Community
Affairs Parks
Cmte,
5: 00 PM
(CR #3)
City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
Civil Service
Commission,
5:00 PM
(6300 Building,
PD Admin Room)
Rescheduled
from 9/3/12
T- ranspeftatien
C
Cancelled
Afts
C-
(Rescheduled to
September 18)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
11th (Tuesday) 12th (Wednesday) 13th (Thursday)
Utilities Cmte,
5:00 PM
(CR #1)
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
14th (Friday)
Human
Services Advisory
Board,
10:00 AM
(Riverton Park
United Methodist
Church,
3118 S 140
Street)
Restore the
Duwamish
Shoreline
Challenge
Kick -Off Event
1:00 4 :00 PM
Meet at the Green
River Trail
BFCU Campus
(12770 Gateway
Drive)
Join community
members and local
businesses to help
remove invasive
blackberry and plant
native vegetation.
For background
information or to
register visit:
fortem.org/events
8th (Saturday)
Council Coffee Chat
10:00 AM to
12:00 NOON
Stop by and informally
talk with a Tukwila
City Councilmember
about anything on
your mind regarding
Tukwila.
Foster Golf Links
Clubhouse
(13500 Interurban Ave.S)
15th (Saturday)
Volunteer Work
Party
.u:
Y
—1
10:00 AM 1:00 PM
buwamish Hill
Preserve
For information and
registration visit
wtvw.forterra.ore
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st 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: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206- 431 -2187.
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206- 433 -1850.
Finance Safety Committee: I st 3rd Tues., 5 PM, Conf Room #3 (A) Accept Washington State Military /Homeland Security
grant for emergency management in the amount of $82,388.00.
➢Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson 206 767 2308.
Transportation Committee: I st 3rd Mon., 5:00 PM, Conf. Room Meeting Cancelled.
➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center Contact Chief Villa at 206- 433 1815.➢
63
Upcoming Meetings Events
September 2012
3rd (Monday)
4th (Tuesday)
5th (Wednesday) 6th ('Thursday) 7th (Friday)
Labor Day
Chamber of
Finance Equity
Commerce
Safety Cmte, Diversity
City offices closed
Gov't.
5:15 PM Commission,
Community
(CR 43) 5:15 PM
Affairs Cmte,
(CR #3)
1200 NooN
(Chamber
Ofce)
C- eott�.issi�n,
(Rescheduled to
September 10)
10th (Monday)
Community
Affairs Parks
Cmte,
5: 00 PM
(CR #3)
City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
Civil Service
Commission,
5:00 PM
(6300 Building,
PD Admin Room)
Rescheduled
from 9/3/12
T- ranspeftatien
C
Cancelled
Afts
C-
(Rescheduled to
September 18)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
11th (Tuesday) 12th (Wednesday) 13th (Thursday)
Utilities Cmte,
5:00 PM
(CR #1)
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
14th (Friday)
Human
Services Advisory
Board,
10:00 AM
(Riverton Park
United Methodist
Church,
3118 S 140
Street)
Restore the
Duwamish
Shoreline
Challenge
Kick -Off Event
1:00 4 :00 PM
Meet at the Green
River Trail
BFCU Campus
(12770 Gateway
Drive)
Join community
members and local
businesses to help
remove invasive
blackberry and plant
native vegetation.
For background
information or to
register visit:
fortem.org/events
8th (Saturday)
Council Coffee Chat
10:00 AM to
12:00 NOON
Stop by and informally
talk with a Tukwila
City Councilmember
about anything on
your mind regarding
Tukwila.
Foster Golf Links
Clubhouse
(13500 Interurban Ave.S)
15th (Saturday)
Volunteer Work
Party
.u:
Y
—1
10:00 AM 1:00 PM
buwamish Hill
Preserve
For information and
registration visit
wtvw.forterra.ore
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 -2342.
Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st 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: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Kim Gilman at 206- 431 -2187.
Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206- 433 -1850.
Finance Safety Committee: I st 3rd Tues., 5 PM, Conf Room #3 (A) Accept Washington State Military /Homeland Security
grant for emergency management in the amount of $82,388.00.
➢Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson 206 767 2308.
Transportation Committee: I st 3rd Mon., 5:00 PM, Conf. Room Meeting Cancelled.
➢Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center Contact Chief Villa at 206- 433 1815.➢
63
Tentative
MONTH MEETING 1-
REGULAR.
September 4 (Tuesday)
See agenda packet
cover sheet for this
week's agenda
(September 4, 2012
Regular Meeting).
Agenda Schedule
MEETING 2 MEETING 3 MEETING 4.
C.O.W. REGULAR C.O.W.
I
Special Issue:
A Reserve Policy
Presentation on the
proposed Disposition
and Development
Agreement for Tukwila
Village.
Discussion regarding
content for Budget
work sessions.
17
Unfinished Business:
A Reserve Policy
24
Special Presentation:
2012 Financial Report
for 2nd Quarter.
Special Issue:
Discussion on the
proposed Disposition
and Development
Agreement for Tukwila
Village.
z