HomeMy WebLinkAboutReg 2009-04-20 COMPLETE AGENDA PACKET Tukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder
Rhonda Berry, CityAdministrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn
Monday, April 20,2009; 7:00 PM Ord #2231 Res #1681
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL;
Pledge to be led by Tukwila Elementary School Color Guard.
2. SPECIAL a. Update on Small Business Development Center at Highline Community College;
PRESENTATIONS ZevSiegl, Business Advisor.
b. Update on Library Advisory Board; Marie Parrish, Board Member.
(Please see bound study attached to the back of the packet.)
3. PROCLAMATIONS/ A proclamation designating April 24, 2009 as Arbor Day in the City of Tukwila. Pg.l
APPOINTMENTS
4. 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.
5. CONSENT AGENDA a. Approval of Minutes: 3/23/09 (Special).
b. Approval of Vouchers.
c. Accept as complete the East Marginal Way South /92n Place South Signal Pg.3
Pole Replacement project with TransTech Electric, Inc.; authorize release of
retainage, subject to the standard claim and lien release procedures (final
cost of project, including reta inage. $83,061. 00).
d. Accept as complete the Green River Pedestrian and Utility Bridge Re -bid Pg.9
Painting project with Purcell Painting and Coating, LLC; authorize release
of retainage, subject to the standard claim and lien release procedures (final
costof project, including retainage.-$126,609.58).
6. PUBLIC HEARINGS Shoreline Master Program Update and Environmental Review. (If desired, Pg.15
please bring the blue Shoreline Master Program notebook to the meeting.)
7. UNFINISHED a. Authorize the Mayor to sign a contract with Perteet, Inc. for the Tukwila Pg.19
BUSINESS Bicycle Routes and Sidewalk Segments Design Report in the amount of
$60,357.00 (see 4113109 C.O. W.).
b. Authorize the Mayor to sign a storm drain easement for property at South Pg.21
112 and Tukwila International Boulevard and authorize payment of
$35,500.00 to Carrossino Holdings (see 4113109 C.O. W.).
c. Authorize the Mayor to sign a contract with Community Schools Pg.23
Collaboration of Tukwila for social services in the amount of $260,000.00
(see 4113109 C.O. W.).
d. Discussion on deliberation process for Tukwila South project. (If desired, Pg.25
please bring the Tukwila South notebook to the meeting.)
e. Authorize the Mayor to sign a contract with Steve Habecker and Matthew Pg.29
Vannini for operation of restaurant and other concession services at Foster
Golf Course.
Tukwila City Council Agenda
REGULAR MEETING
Monday, April 20, 2009; 7:00 PM
PAGE 2
7. UNFINISHED f. Animal Control Contracts (see 4/13/09 C.O. W.).• Pg.63
BUSINESS 1) Authorize the Mayor to sign an Interlocal Agreement with King County
(Continued) for animal control services in the amount of $60,000.00 a year.
2) Authorize the Mayor to sign an Interlocal Agreement with the City of
SeaTac and King County for enhanced animal control services.
g. Authorize the Mayor to sign the Authorization for Transfer of Funds from Pg.65
the General Fund to the Ending Fund Balance in the amount of
$464,964.00, to facilitate a lesser contribution toward the Equipment
Rental Fund for 2009.
8. NEW BUSINESS a. Authorize support of the Tukwila Municipal Court's participation in the p
Statewide Amnesty Program to provide opportunities for driver re-
licensing.
b. Authorize the purchase of a project accounting module for the Finance Pg.75
Department from Tyler Technologies /Eden Division in the amount of
$33,763.00.
c. Authorize the Mayor to sign the Authorization for Transfer of Funds from Pg.85
the Ending Fund Balance to the Public Works Emergency Management
budget in the amount of $50,000.00, for expenses related to public outreach
for the Howard Hanson Dam project.
9. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
10. MISCELLANEOUS
11. EXECUTIVE SESSION
12. 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 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us. and
in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
Office of the Mayor
City of Tukwila, Washington
PROCLAMATION
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and world;
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air,
produce life giving oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and beauty in our community; and
WHEREAS, trees in our City also increase property values, and enhance the
economic vitality of business areas; and
WHEREAS, all members of the Tukwila community are urged to celebrate
Arbor Day and to support efforts to protect trees and woodlands; and
WHEREAS, all members of the Tukwila community are also encouraged to
plant trees to gladden the heart and promote the well -being of this and future
generations.
NOW, THEREFORE, I, Joan Hernandez, Mayor Pro Tempore of the City of
Tukwila, do hereby proclaim April 24, 2009:
Arbor Day in the City of Tukwila, Washington
CAS NUMBER: 09-048
AGENDA ITEM TITLE
1 MTG. DATE
1 04/20/09
MTG. DATE
04/20/09
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Mayor's review Council review
04/20/09 3M 1141
I J
ITEM INFORMATION
b I ORIGINAL AGENDA DA 1 E: APRIL 20, 2009
Accept as complete E Marginal Wy S 92 PI S Signal Pole Luminaire
Replacement Project and release retainage
CA 1 EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing I 1 Other
Mtg Date Mtg Date 04/20/09 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal n P&R 1 1 Police PW
SPONSOR'S The contract with TransTech Electric, Inc. is complete for the E Marginal Wy S 92 PI S
SUMMARY Signal Pole Luminaire Replacement Project. Notice to Proceed was given on August 5,
2008 and construction began December 1, 2008 and was completed on February 23, 2009.
No change orders were issued. Costs associated with this replacement will be reimbursed
through insurance. Council is being asked to accept and finalize the contract for
$83,061.00.
REVIEWED BY COW Mtg. L CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 04/06/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$83,061.00 $0.00 $0.00
Fund Source: 000.16 STREET DEPT
Comments: Costs will be covered by driver's insurance,
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 03/30/09
State of WA Dept of Revenue Notice of Completion 08 -059
Minutes from the Transportation Committee meeting of 04/06/09
ITEM No.
Mtg Date
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Jim Morrow, Public Works Directodril
DATE: March 30, 2009
SUBJECT: E Marginal Wv S 92 PI S Signal Pole Luminaire Replacement
Project No. 08 -RW04, Contract No. 08 -059
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize for release of the retainage.
Jim Haggerton, Mayor
BACKGROUND
This project replaced a signal pole with luminaire that was damaged by an errant
southbound pickup truck at the southwest corner of East Marginal Way South and South
92nd Place. The first Notice to Proceed for Contract No. 08 -059 with TransTech Electric,
Inc. of Kent, Washington, was issued on August 5, 2008 for approval of the signal pole
drawings and pole procurement. The second Notice to Proceed was issued on
December 1, 2008 for the actual construction of the signal pole replacement.
Construction was physically completed on February 23, 2009. No change orders were
issued for the project construction.
ANALYSIS
The finalized project cost is the same as the authorized construction award. The driver's
insurance company will pay for the total construction contract amount, as well as utility
potholing, design and construction management.
Contract Award Amount $83,061.00
Change Orders 0.00
Total Amount Paid (including retainage) $83.061.00
RECOMMENDATION
The Council is being asked to formally accept and authorize the release of retainage,
subject to standard claim and lien release procedures, for the contract with TransTech
Electric, Inc. in the amount of $83,061.00 and to consider this item on the consent
agenda of the April 20, 2009 Regular Meeting.
Attachment: Dept of Revenue Notice of Completion
P\PROJECTS\A- RW RS Projects \08RWO4 EMW_92nd PI. Signal Pole Replacement \Construction Phase\After Construction'Jnfo Memo Info Memo Closeout TransTech 3-30-09 bg gl doc
State of Washington
Department of Revenue
PO Box 47474
REVE Olympia WA 98504 -7474
From:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Comments:
Name Address of Public Agency
1
REV 31 0020e (6- 27 -01)
Reductions 0.00
Contractor's Registration No. (UBI No.) 601 617 500
Date 1 -14 -2009
NOTICE !UT, COMr LE i IO OiPUBLIC ODDS CONTRACT
Department Use Only
Assigned To
Date Assigned
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
E. Marginal Way S. and S. 92nd Pl. Signal Pole Replacement 08 —RW04 08 -059
Contractor's Name Telephone Number
253- 872 -5343
Transtech Electric, Inc.
Contractor's Address
P.O. Box 1108, Kent, WA 98031
Date Work Commenced Date Work Completed Date Work Accepted
8/5/08 1/6/09
Surety or Bonding Company
American Contractors Indemnity Company
Agent's Address
9841 Airport Boulevard, 9th Floor, Los Angeles, CA 90045
Contract Amount 83,061.00
Additions 0.00 Liquidated Damages 0.00
Sub -Total 83,061.00 Amount Disbursed 78,907.94
Amount of Sales Tax Paid at 0.0 0.00 Amount Retained 4,153.06
(If various rates apply, please send a breakdown.)
TOTAL 83,061.00 TOTAL 83,061.00
Disbursing Officer
Signature
Type or Print Name Diane Jaber
Phone Number 206 433 -1871
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
Transportation Committee Minutes April 6, 2009 Page 2
The discussion resulted in agreement from each Committee Member that a full Council discussion is needed
to determine spending priority relative to recent and upcoming items. FORWARD TO APRIL 13 COW
FOR DISCUSSION.
B. East Marginal Wav South/92n Place South Signal Pole Replacement Proiect Completion Acceptance
Staff is seeking full Council approval to accept the contract as complete and authorize release of retainage to
TransTech Electric, Inc. for the signal pole and luminaire replacement at the southwest corner of East
Marginal Way South and South 92n Place.
The project came in at the contract award amount with no change orders. Costs associated with this
replacement will be reimbursed through the driver's insurance company who originally caused the damage.
UNANIMOUS APPROVAL. FORWARD TO APRIL 20 CONSENT AGENDA.
C. Green River Pedestrian Bridge and Utility Bridge Re -Bid Paintine Proiect Completion Acceptance
Staff is seeking full Council approval to accept the contract as complete and authorize release of retainage to
Purcell Painting Coating, LLC for the painting of the Green River Pedestrian and Utility Bridge (re -bid).
This project came in $7,390 under budget due to a price under -run. UNANIMOUS APPROVAL.
FORWARD TO APRIL 20 CONSENT AGENDA.
III. MISCELLANEOUS
Jim Morrow shared that he has recently been directed to cut $464,000 from the Equipment Rental Fund (501)
for 2009 (see 2009 -10 Biennial Budget page 184). This reduction will primarily affect the purchase of new
police cruisers. There are no anticipated safety issues surrounding this funding cut.
Meeting adjourned at 6:00 p.m.
Next meeting: Monday, April 20, 2009 5:00 p.m. Conference Room 1
dp Committee Chair Approval
Minutes by KAM. Reviewed by GL.
CAS NUMBER: 09-049
CATEGORY n Discussion
Mtg Date
SPONSOR'S
SUMMARY
MTG. DATE
04/20/09
MTG. DATE
04/20/09
Oc1- 049
COUNCIL AGENDA SYNOPSIS
Motion Resolution
Mtg Date 04/20/09 Mtg Date
Meeting Date Prepared by 1 ilia'or,s review Council review
04/20/09 JM
ITEM INFORMATION
ORIGINAL AGENDA DATE: APRIL 20, 2009
AGENDA ITEM TITLE Accept as complete Green River Pedestrian Utility Bridge Rebid Painting Project
and release retainage
II
ttiltg Date
Initials
Ordinance n Bid Award 1 1 Public Hearing 1 1 Other
Mtg Date
llltg Date Mtg Date
SPONSOR Council n Ma I Adm Svcs DCD 1 1 Finance n Fire n Legal 1 1 P&'R Police ®PIV
The contract with Purcell Painting Coating, LLC is complete for the Green River
Pedestrian Utility Bridge Rebid Painting Project. Notice to Proceed was given on
September 8, 2008 and construction was completed on October 22, 2008. One no cost
change order was issued and underruns amounted to a credit of $7,390.42. Council is
being asked to accept and finalize the contract for $126,609.58.
Transportation Cmte
REVIEWED BY COW Mtg. 1 1 CA &P Cmte n F &S Cmte
Utilities Cmte I I Arts Comm. Parks Comm.
DATE: 04/06/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$126,609.58 $270,000.00
Fund Source: 104.01 ANNUAL BRIDGE INSPECTIONS AND REPAIR
Comments:
1
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 03/30/09
State of WA Dept of Revenue Notice of Completion 08 -074
Minutes from the Transportation Committee meeting of 04/06/09
ITEM No.
Planning Comm.
APPROPRIATION REQUIRED
$0.00
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Jim Morrow, Public Works Directoy
DATE: March 30, 2009 U
SUBJECT: Green River Pedestrian and Utility Bridge Rebid Painting
Project No. 07 -RW02, Contract No. 08 -074
Project Completion and Acceptance
TO:
ISSUE
Accept contract as complete and authorize for release of the retainage.
BACKGROUND
The Notice to Proceed for Contract No. 08 -074 with Purcell Painting Coating, LLC of
Tukwila, Washington, was issued on September 8, 2008 for the Green River Pedestrian
and Utility Bridge Rebid Painting Project. This project provided cleaning and painting of
an arched wood pedestrian bridge across the Green River.
Construction was physically completed on October 22, 2008. One Change Order was
issued during construction to allow the contractor to close the bridge during blasting and
repainting at no cost to the City.
ANALYSIS
The finalized project cost is under the authorized construction budget. Minor unit price
under -runs were due to force account items not entirely used during construction:
Contract Amount (Sales Tax included)
Change Order No. 1 (no cost):
Unit Price Under -runs
Total Amount Paid (including retainage)
$134,000.00
0.00
($7,390.42)
$126.609.58
RECOMMENDATION
The Council is being asked to formally accept and authorize the release of retainage,
subject to standard claim and lien release procedures, for the contract with Purcell
Painting Coating, LLC in the amount of $126,609.58 and to consider this item on the
consent agenda of the April 20, 2009 Regular Meeting.
Attachment: Dept of Revenue Notice of Completion
Jim Haggerton, Mayor
P:\PROJECTS\A- RW RS Projects \07RW02 Gr Riv Ped Br\2008 Sealing Re- Bid \Construction Phase\After Construction\Info Memo Closeout
Purcell Painting 3 -30 -09 bg gl.doc
From:
State of Washington
Department of Revenue
/./A. PO Box 47474
RE VENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.
g No.) 602 440 422
Date 1/14/09
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
NOTICE OF COMPT .F.T!ON (1F PUBLIC WtIRK.0 CONTRACT
name Address of PublicAgeucy. Departmen t Use Only
Assigned To
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
Green River Pedestrian and Utility Bridge Painting 07 —RWO2
Contractor's Name
Purcell Painting Coatings, LLC
Contractor's Address
6456 South 144 Street, Tukwila WA 98168
Date Work Commenced Date Work Completed Date Work Accepted
9/8/08 10/22/08
Surety or Bonding Company
Western Surety Company
Agent's Address
999 3 Avenue, Suite 2500, Seattle, WA 98104
Contract Amount 122,935.78
Additions 0.00 Liquidated Damages 0.00
Reductions 6,780.20
Sub -Total 116,155.58
Amount of Sales Tax Paid at 9.0 10,454.00
(If various rates apply, please send a breakdown.)
TOTAL 126,609.58
Comments:
kL—
Date Assigned
Signature
Type or Print Name Diane Jaber
Phone Number 206 433 -1871
Amount Disbursed
Amount Retained
08 -074
Telephone Number
206 835 -6878
120,801.79
5,807.79
TOTAL 126,609.58
isbursng. Officer
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an altemate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6- 27 -01)
Transportation Committee Minutes Aoril 6. 2009 Page 2
The discussion resulted in agreement from each Committee Member that a full Council discussion is needed
to determine spending priority relative to recent and upcoming items. FORWARD TO APRIL 13 COW
FOR DISCUSSION.
B. East Marginal Wav South/92n Place South Signal Pole Replacement Proiect Completion Acceptance
Staff is seeking full Council approval to accept the contract as complete and authorize release of retainage to
TransTech Electric, Inc. for the signal pole and luminaire replacement at the southwest corner of East
Marginal Way South and South 92n Place.
The project came in at the contract award amount with no change orders. Costs associated with this
replacement will be reimbursed through the driver's insurance company who originally caused the damage.
UNANIMOUS APPROVAL. FORWARD TO APRIL 20 CONSENT AGENDA.
C. Green River Pedestrian Bridge and Utility Bridge Re -Bid Painting Proiect Completion Acceptance
Staff is seeking full Council approval to accept the contract as complete and authorize release of retainage to
Purcell Painting Coating, LLC for the painting of the Green River Pedestrian and Utility Bridge (re -bid).
This project came in $7,390 under budget due to a price under -run. UNANIMOUS APPROVAL.
FORWARD TO APRIL 20 CONSENT AGENDA.
III. MISCELLANEOUS
Jim Morrow shared that he has recently been directed to cut $464,000 from the Equipment Rental Fund (501)
for 2009 (see 2009 -10 Biennial Budget page 184). This reduction will primarily affect the purchase of new
police cruisers. There are no anticipated safety issues surrounding this funding cut.
Meeting adjourned at 6:00 p.m.
Next meeting: Monday, April 20, 2009 5:00 p.m. Conference Room 1
40. Committee Chair Approval
Minutes by KAM. Reviewed by GL.
Meeting Date
03/23/09
04/20/09
CAS NUMBER 09-039
C. \'I'I CORY
SPONSOR
SP( )NS( )R'S
SU \ILL \RY
R� I I :\UI ;I) I3Y
Fund Source:
Comments:
1 1
MTG. DATE
07/24/08
03/23/09
04/20/09
MTG. DATE
03/23/09
04/20/09
DLsewjston U Motion
tlltg Date 03/23/09 tlItg Date
COW Mtg.
n Utilities Cmte
Etl'PND11'U1ZI? RI?OUIRI?D
$N /A
COUNCIL AGENDA SYNOPSIS
1I
Mtg Date
Prepared by
CA &P Cmte
U Arts Comm.
Initrals
1 iVIayori's review
JP I A'
JP 1 "X
ITEM INFORMATION
Oluc IN,\I.Ac,1 N1) D,\1'1: MARCH 23, 2009
I"rl:�rTITLN Review of Planning Commission Recommended Shoreline Master Program
Resolution Ordinance
Altg Date
Council 1 Mayor n Adm Svcs DCD n .Finance Fire n Legal Pe 'R Police I 1 PW
1
1
11
Mtg Date
F &S Cmte
Parks Comm.
Council review
r
/1
BicI 4evatcl Public Hearing
tlltg Date 04/20/09 tlltg Date
RECORD OF COUNCIL ACTION
Joint City Council /Planning Commission briefing on staff recommended SMP
C.O.W. briefing on Planning Commission Recommendations
ITEM No.
Other
The Planning Commission completed its review of the Shoreline Master Program (SMP) on
February 5, 2009. this document is an update of the City's current SMP which was
adopted in 1974.
The Council is being asked to review the Planning Commission revisions and concur or
make additional changes prior to adoption. The public hearing is being conducted on 4/20.
n Transportation Cmte
n Planning Comm.
DATE: Community Affairs and Parks Committee deferred review to COW
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
Commumu CAP deferred review to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
ATTACHMENTS
Informational Memorandum dated 3/18/09
*Please bring the blue Shoreline Master Program notebooks to the meeting
Informational Memorandum dated 4/14/09
*If desired, please bring the blue Shoreline Master Program notebooks to the meeting
Mayor Haggerton
Members of the City Council
FROM: Jack Pace, Director, Department of Community Developmen
DATE: April 14, 2009
SUBJECT: Planning Commission Recommended Shoreline Master Program
TO:
ISSUE
The City Council will hold a public hearing on April 20, 2009 on the Planning Commission
Recommended Shoreline Master Program (SMP).
BACKGROUND
Review of the Draft Shoreline Master Program Update began on July 24, 2008 with a joint City
Council /Planning Commission briefing on the major aspects of the proposed program. The
Planning Commission then conducted a public hearing on August 2, 2008 that was continued to
October 9, 2008 to allow additional time for public review and comment on the document, held
three Open Houses and met on the topic for six months during which it reviewed the document
in detail. The Planning Commission approved significant revisions to the draft document and on
February 5, 2009 forwarded a draft Shoreline Master Program to the Council for its review.
Another Open House was held on Wednesday, March 25, 2009 for interested parties to obtain
information about the Planning Commission Recommended Shoreline Master Program.
DISCUSSION
The Council was briefed on the Planning Commission Recommended Shoreline Master
Program on March 23, 2009. Council review of the SMP has been deferred until the Council
completes work on the South Annexation Area developer's agreement.
RECOMMENDATION
Close the public hearing to verbal testimony but allow written testimony to be submitted until
close of business April 30, 2009.
ATTACHMENTS
City of Tukwila
INFORMATIONAL MEMORANDUM
No new attachments Council members received Shoreline Master Program Update
Notebooks which include materials from Planning Commission review of the Master Program.
CL Page 1 of 1
P: \Long Range Projects \Shoreline \Council Review \Council Info Memo 4 -15 -09
Jim Haggerton, Mayor
04/14/2009 1:34:00 PM
RI :l'IH :wl. :D HY
04/20/09
i\Ig Date 04/13/09 tlltg Date 04/20/09 Mtg Date
COST IMPACT FUND SOURCE
Exi I?NDI'I'URI? RI?c)UIRED AMOUNT BUDGETED
$60,357.00 $110,000.00
Fund Source: 104.02 ARTERIAL STREETS (PAGE 24, 2009 CIP)
Comments:
MTG. DATE
1 04/13/09
04/20/09
1 MTG. DATE
04/13/09
COW Mtg.
Utilities Cmte
CO UNCIL AGENDA SYNOPSIS
Meeting Date Prepared by
04/13/09 JP
04/20/09 JP
Fl CA &P Cmte
Arts Comm.
Cobalt
iVlayor 3 review
1 4
I 4'
Rltg Date dltg Date
n F &S Cmte
Parks Comm.
1 Council review
r vit t
I
ITEM INFORMATION
CAS NUMBER 09-045
APRIL 13, 2009
Ac ;I;ND,I ITI:NI DUE Walk and Roll Plan (Nonmotorized Transportation Plan)
Design Report Consultant Selection and Contract
C.\ I-,GORl' Discussion Motion I 1 Resolution n Ordinance Bid Award
RECORD OF COUNCIL ACTION
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 04/13/09 (revised after TC)
Draft Consultant Agreement
Consultant Selection Scores and Criteria
CIP page
Minutes from the Transportation Committee Meeting of 4/6/09
(Please bring your Washington, DC briefing notebook)
No attachments
11
DATE: 04/06/09
RECOMMENDATIONS:
SPC)NSOR /ADMIN. Department of Community Development
COMMf[TEE Forward to Committee of the Whole for discussion
Planning Comm.
ITEM No.
Public Hearing Other
tl/tg Date ilk Date
I SP(NtioR Council I 1 iVlcyor Adm Svcs DCD n Finance n Fire Legal PdiR n Police PW
SPC )NS<nt'S Staff has negotiated a contract with Perteet, Inc. for development of a design report for
SUMMARY Tukwila's bicycle routes and 12 priority sidewalk segments. The results of this design
report will provide conceptual design recommendations for each bicycle route and
missing sidewalk segment, a planning -level cost estimate for the recommended design,
and a ranking of projects based on how difficult they will be to construct. Council is being
asked to approve the contract with Perteet in the amount of $60,357.00.
Transportation Cmte
APPROPRIATION REQUIRED
$0.00
CAS NUMBER: 09-042
AGENDA ITEM TITLE
CAIEGORY
SPONSOR
SPONSOR'S
SUMMARY
04/20/09
MTG. DATE
04/13/09
04/20/09
CO UNCIL AGENDA SYNOPSIS
Meeting Date
04/13/09
04/20/09
Prepared by
3M
3M
Discussion Motion Resolution
Mtg Date 04/13/09 Mtg Date 04/20/09 Mtg Date
No attachments
Initials
1 Mayor' review
Council review
1
ITEM INFORMATION
ORIGINAL AGENDA DATE: APRIL 13, 2009
Private Storm System Adoption and Rehabilitation Program
Storm Water Easement at S 112 St Tukwila Int'I Blvd (TIB) Vicinity
ATTACHMENTS
Informational Memorandum dated 03/18/09
GIS Drainage Map
Easement
Minutes from the Utilities Committee meeting of 03/24/09
MTG. DATE I RECORD OF COUNCIL ACTION
04/13/09 1 Forward to next Regular Meeting
ITEM No.
fa
Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date
Mtg Date Mtg Date
Council Mayor U Adm Svcs DCD Finance Fire Legal I P&R Police PW
The City has identified 25 locations throughout the City where the public storm drainage
system is routed through private parcels without a known easement. Drainage from South
112 St and TIB discharge into a private failing storm drainage system that needs repair.
The property owner, Carrossino Holdings, LLC, has agreed to line the existing pipe and has
requested that the City pay for half of this repair in exchange for an easement that
clarifies ownership and maintenance responsibilities. Council is being asked to approve the
easement with Carrossino Holdings in the amount of $35,500.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. U Planning Comm.
DATE: 03/24/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$35,500.00 $200,000.00 $0.00
Fund Source: 412.02 SURFACE WATER (PAGE 147, 2009 CIP)
Comments:
CAS NUMBER 09-044
AGI hrl?MTrrl.l? Contract with Community Schools Collaboration
C VI'I {GORY
Sl'( )NS()R
SI'( )NS()R'S
SlINiM 1RY
ocI ogg
Discussion Motion n Resolution
Mtg Date 04/13/09 Mtg Date 04/20/09 Mtg Date
1
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by 1 illgyo review
04/13/09 EB 1
04/20/09 EB 1 Or
1
1
ITEM INFORMATION
ORIGINAL. AGl ?NDA DATI APRIL 13, 2009
1
Mtg Date
Iaitia /s
Ordinance
11
Council Mayor Achn Svcs DCD I Finance n Fire
Mtg Date
Coue it review
..J
Bid Award 1 1 Public Hearing U Other
[lltg Date Mtg Date
Legal I I P&R n Police 1 1 PUF
MTG. DATE RECORD OF COUNCIL ACTION
04/13/09 1Forward to next Regular Meeting
MTG. DATE 1 ATTACHMENTS
04/13/09 'Informational Memorandum dated 3/23/09
1 Draft contract
Minutes from the Community Affairs and Parks Committee meeting of 3/23/09
04/20/09 INo attachments
ITEM NO.
C
The City Council awarded the Community Schools Collaboration a total of $260,000 for
2009 and 2010 ($130,000 for 2009; $130,000 for 2010). Contracts over $25,000 require
approval by the City Council.
RI .III ;wI BY COW Mtg. CA &P Cmte 1 1 F &S Cmte (l Transportation Cmte
Utilities Cmte Arts Comm. n Parks Comm. n Planning Comm.
DATE: 3/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office, Human Services
CONIMPI"I'EF Unanimous approval; Forward to Council of the Whole
COST IMPACT FUND SOURCE
EV'1 ?NDITURIi RI,QUTRI;D AMOUNT BUDGETED APPROPRIATION REQUIRED
$260,000 $260,000
Fund Source: GENERAL FUND
Comments:
CAS NUMBER 09-041
AC i UN D,\ ITEM Trr1 J Tukwila South Project
C 1'i )RY Discussion n Motion
iVLtg Date 04/20/09 Altg Date
SPONSOR'S
SU: \L \L \RY
RI? \'ll;wl :D BY
Fund Source:
Comments:
MTG. DATE
04/13/09
I 04/20/09
ExPI'',NDrl'URI'', RI2QUIRI?D
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by
04/13/09 LV
04/20/09 LV
n Resolution
Mtg Date
Initiali
1 A7ayor review Council review
Ali 4
A 7�y
ITEM INFORMATION
I ORIGIN \LAGI :NDA D, \T1 APRIL 13, 2009
Utilities Cmte 1 1 Arts Comm.
Altg Date
Ordinance
1 1
Altg Date
Si )NSC>R U Council Mayor Adm Svcs DCD P Finance U Fire Legal P&R 1 1 Police n PW
4/13/09 Introduction to Tukwila South Project and distribution of notebooks with background
material to Councilmembers for use in a series of work sessions and Council meetings.
5/18/09 and 5/26/09 Public Hearings. The Council is being asked to consider and authorize
the Mayor to sign the Development Agreement and approve land use actions, and ordinances
relative to the project.
The review process for the upcoming work sessions will be discussed on 4/20/09.
COW Mtg. 1 1 CA &P Cmte F &S Cmte n Transportation Cmte
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
Bid Award 1 Public Hearing Other
ATTACHMENTS
Distribution of notebooks to Councilmembers at the meeting
Informational Memorandum dated 4/15/09
Altg Date Altg Date
n Parks Comm. 1 1 Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /AD1\IIN. Mayor's Office /Administration: recommend approval
Corn-IMrrrEE
ITEM No.
APPROPRIATION REQUIRED
MTG. DATE RECORD OF COUNCIL ACTION
04/13/09 I Forward to the April 20 Regular Meeting to discuss and agree on the review process for
the upcoming work sessions
TO:
FROM: Lisa Verner, Mayor's Office
DATE: April 20, 2009
SUBJECT: Council Deliberation Process for Tukwila South Project
ISSUE
How do Councilmembers want to conduct the Tukwila South Project review process?
BACKGROUND
During the introduction to the Tukwila South Project at the April 13, 2009 Committee of the
Whole meeting, staff asked Council to discuss and agree how Council members want to
conduct the review process for the Tukwila South Project over the next few weeks. Council
members reached consensus on 1) adding a discussion on the review process for Tukwila
South Project to the April 20 Regular meeting agenda and 2) asking staff for process options.
DISCUSSION
Options for ways to conduct the review meetings, or "ground rules," are suggested below.
Councilmembers may use all, use some, add some, or use none. The options include:
1. Requests for additional information or research by staff or applicants are made by Council
consensus.
2. Review of the Development Agreement and other applications is by topic, such as risk,
financing, development issues, and others.
3. All Tukwila South Project issues go to the full Council at the Committee of the Whole level
as they are inter related, so all Councilmembers hear all discussion.
4. Decisions on acceptability of the proposals are by Council consensus.
5. Council members may contact individual staff members for one -on -one discussions; the
Council member will disclose the contact to all Council members and the staff will disclose
information discussed promptly to the Council.
6. Meetings will be for 2 hours unless a consensus exists to extend them for a specific
additional time.
7. Suggestions for amendments or changes related to a specific topic will be made before
the Council discussion moves to another topic.
8. Once a topic is concluded, it will not be reopened unless there is consensus from the
Council.
9. Consensus is defined as a majority of Councilmembers who agree with the
issue /item /direction.
RECOMMENDATION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
City Council
Jim Haggerton, Mayor
Recommend Council discuss and agree at the April 20 Regular Meeting how Councilmembers
wish to conduct the review process for the Tukwila South Project.
CAS NUMBER 09-046
AGENDA ITI:\ITITLE Foster Golf Links Restaurant Agreement
CATEGORY Discussion Motion ['Resolution Ordinance Bid _<12varc! Public Hearing H Other
Mtg Date
SP( )NS( )It n Council n Mc n Adm Svcs DCD I 1 Finance 1 I Fire 1 Legal P &R Police n PW
Fund Source:
Comments:
Altg Date 4/13/09 Altg Date 4/20/09 Altg Date
EXPENDITURE RN(QUIRkI)
MTG. DATE
4/13/09
4/20/09
COUNCIL AGENDA SYNOPSIS
Imtiats
Meeting Date Prepared by 1 Mayor's review j Coaurci/ review
04/13/09 BF I
04/20/09 BF I W I'' M--6
ITEM INFORMATION
ORIGINAI,AGENDA DAi'i:: APRIL 13, 2009
Mg Date
Altg Date Mt; Date
SPONSOR'S With the golf season arriving, it is a priority that the Foster Golf Links restaurant be
SI'`Im \RY opened for business with a new restaurant vendor. The Request for Qualifications (RFQ)
and interview process has been completed, and it is the recommendation of the Parks and
Recreation Director to authorize the Mayor to enter into a concessionaire agreement with
Steve Habecker and Matt Vannini (Norm's Eatery).
RI \'II WEI) BY COW Mtg. CA &P Cmte
n Utilities Cmte n Arts Comm.
DATE: 3/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Approval of Agreement
COMMI i'ISI_!, Forward to Committee of the Whole meeting
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
n F &S Cmte 1 1 Transportation Cmte
Parks Comm. 1 1 Planning Comm.
MTG. DATE RECORD OF COUNCIL ACTION
4/13/09 Forward to next Regular Meeting with amendments to contract
ATTACHMENTS
Informational Memorandum dated 4/8/09, with personal biographies
Draft Agreement
Minutes from the Community Affairs and Parks Committee meeting of 3/23/09
Draft Agreement with changes shown in strike through underline format
ITEM No.
APPROPRIATION REQUIRED
FOSTER GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement "Agreement is entered into by and between the CITY OF
TUKWILA, a municipal corporation of the State of Washington (hereinafter referred to
as the "City and Steve Habecker and Matthew Vannini, iointly and severallya
Washington a limited liability company to he fer- ed (hereinafter referred to as
"Concessionaire
WITNESSETH, that in consideration of the mutual promises, covenants and
agreement contained herein, the parties hereby agree as follows:
I. CONCESSION RIGHTS GRANTED
The City hereby grants to the Concessionaire for the term and upon the conditions and
provisions contained herein the exclusive restaurant, lounge, snack bar, catering, and
beverage/snack cart concession rights at the Foster Golf Course located at 13500
Interurban Avenue, Tukwila, Washington, legally described in Exhibit B attached
hereto and incorporated herein by reference. The facilities available to the
Concessionaire to carry on all activities authorized in this Agreement shall be located
within the Club House and shall hereinafter be referred to as the "Concession Areas"
and shall include only the Restaurant, Lounge, Kitchen, Banquet Rooms, Storage,
Hallway to Banquet Rooms, Covered Patio, Patio, Interior Rest Rooms, Marketing
Office, Lobby /Hospitality Area also known as rooms 101, 102, 104, 103, 108, 110, 111,
112, 114, 115, 116, 121,122, 129, 130,130A, and A -3 as shown on the floor plan attached
as Exhibit A attached hereto and incorporated by reference. In addition, the City grants
the Concessionaire the exclusive right to operate a beverage/snack cart on the golf
course. City reserves the right, and Concessionaire acknowledges City's right, for the
golf course pro shop to sell drip coffee, bottled or canned beverages (including water,
soda, juices, but not alcoholic beverages), prepackaged snacks and prepackaged
sandwiches incidental to the operation of the pro shop.
II. TERM OF CONCESSION AGREEMENT
This agreement shall commence on (the "Commencement Date
and shall expire seven (7) years from the first day of the first calendar month
immediately following the Commencement Date. Provided that Concessionaire is not
then in default of this Agreement, Concessionaire shall have right to further extend the
lease for an additional seven (7) years, provided the city and concessionaire mutually
agree upon reasonable modifications (if any) to those fees and assessments contained in
Article III of this agreement, and further agree upon any facility restorations,
C: \Documents and Settinas \meiissa- h \Deskton \Foster Golf Rest strikeout .doc1_:`.`.`.'ard4reesss :ng \Contracts
Page 1 of 32
improvements, or upgrades that result from the evaluation of facility conditions,
potential improvements or alterations. Notification of the Concessionaire's intent to
exercise provisions for this lease must be issued by the Concessionaire to the City by
formal written notice, not later than one hundred eighty (180) days prior to the
expiration of the initial term of this Agreement. If the seven (7) year extension is sought,
the terms of this Agreement or any revisions thereto when mutually agreed to by the
City and Concessionaire shall apply to the additional seven (7) year period. For the
term of this Agreement and any renewal or extension, Steve Habecker and Matthew
Vannini shall be Managers of the LLC and together hold a majority percercentage
interest in the LLC.
III. CONCESSION FEES
A. Concession Fees (defined below in Section III.G.) shall be paid to the City by the
Concessionaire as follows:
Restaurant /Lounge 6% of Gross Receipts up to
5% of Gross Receipts above
Catering /Room Rental 6% of Gross Receipts up to
5% of Gross Receipts above
Out Catering 2% of Gross Receipts
$2,000,000.00
$2,000,000.00
$500,000.00
$500,000.00
B. The payments of a percentage of Gross Receipts, as set forth above, are hereinafter
referred to as the "Percentage Fees."
C. In accordance with state law the City is charged a leasehold tax on the Percentage
Fees paid to the City at a rate of 12.84% "Leasehold Tax The Leasehold Tax is in
lieu of payment of property tax and shall be payable to the city by the
Concessionaire.
D. The term 'Gross Receipts" shall include the total amount in dollars of the actual
price charged, whether for cash or on credit, for all sales by Concessionaire for
merchandise, food, beverages, services, gift or merchandise certificates, rentals, and
all other receipts from business conducted at, in, on, about or from the Concession
Areas (including internet sales), but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by redemption
on the Concession Areas;
C: \Documents and Settins\mclissa- h`•,Deskton \Foster Golf Rest strikeout.doct'_:' ".'ord Proc ssis;=,Centracts .1 ce aeots',Foster Golf ".:st.d;
Page 2 of 32
(b) any sums collected and remitted for any retail sales tax, retail excise tax or
general excise tax imposed by any duly constituted governmental authority and
separately stated to and collected from customers;
(c) any exchange of goods or merchandise between the stores of Concessionaire where
such exchange of goods or merchandise is made solely for the convenient operation
of the business of Concessionaire;
(d) any cash or credit discount, allowance or refund made upon any sale;
(e) any sales of fixtures and equipment which are not a part of Concessionaire's stock
in trade;
(f) the sales price of meals provided to employees;
(g) the portion of meals provided to customers pursuant to coupons or other
promotional programs or devices (to the extent that Concessionaire receives no
payment for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire's
employees which are retained by Concessionaire's employees;
(i) the portion of the receipts from any vending machines or other coin- or
token operated device that Concessionaire must remit to any third party for
providing and or stocking said machine or device, excluding any vending
machines located inside the Pro Shop;
(j) the price charged for sales to purchasers who, by reason of canceled credit cards,
bad checks, and the like, do not pay for the same;
(k) interest, service, finance or sales carrying charges applicable to credit transactions;
(1) postage, parcel post freight, express or other delivery charges paid in connection
with any mail order sales;
(m) layaways until the sale is completed or the deposit abandoned by the customer
provided any forfeited deposits shall be reported as sales;
(n) occasional bulk sales of inventory, including damaged or aged merchandise to
commercial customers or jobbers; and
C'\Documents and Setiinas \melissa- h \Deskton',Fostcr Golf Rest strikeout.dncH:\\J rd Proc_sein g`.Contracts Agreements`.Foster Golf Rcst.doc
Page 3 of 32
(o) insurance proceeds for damaged furniture, improvements, fixtures, equipment and
merchandise.
E. Concessionaire shall deliver to the City on or before the 15th day of each month
following the first day of operations (1) a written report for the prior calendar month
period of all Gross Receipts from concessions for such period in a form reasonably
approved by the City, and (2) payment of the Percentage Fees for such period
calculated in accordance with Section III above. The first month's concession fees
will be waived. If the monthly Percentage Fees payment is not received by the 15th
of each month, then the Concessionaire shall pay a late charge of five percent (5%) of
the applicable month's Percentage Fees.
F. The City shall own all listed food service equipment (see Exhibit E). Concessionaire
shall be responsible for all reasonably necessary maintenance, and/ or repair and
replacement of equipment listed in Exhibit E for the life of the concession agreement.
The City warrants that all food service equipment is in good working condition as of
the date of this Agreement, and will remain in good working condition for a period
of ninety (90) days from the date Concessionaire commences business. The
concessionaire shall provide proof of normal and periodic maintenance for range
hood, exhaust and makeup air exchange, HVAC system and all maintenance or
work performed to any equipment listed in Exhibit E by furnishing quarterly reports
which include copies of servicing reports and invoices. At the termination of this
Agreement, Concessionaire shall return the listed food service equipment to the
City, subject to any wear and tear occasioned by the normal and customary use of
such equipment.
G. The Percentage Fees and Leasehold Tax are referred to collectively as the
"Concession Fees." All required payments of Concession Fees and the monthly
Gross Receipt reports shall be delivered to the:
Finance Director
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
H. Concessionaire shall deposit with City the amount of FIFTEEN THOUSAND AND
NO /100 DOLLARS ($15,000) (the "Security Deposit") as security for
Concessionaire's compliance with its obligations under this Agreement. City shall
deposit the concessionaire security deposit in an interest bearing account to the
benefit of the Concessionaire. During the term of this Agreement, or upon
termination, in the event of any failure of performance or other default by
C: \Documents and Scttinas \mciissa- h`•.Desktoo \Foster Golf Rost strikeout.docu °z :iag`C n Fats l eements`Foster t at s:.'
Page 4 of 32
Concessionaire, the City shall be entitled to have recourse to the Security Deposit for
any unpaid concession fees, damages to the Concession Area, or other City losses
arising from Concessionaire conduct. If Concessionaire has fulfilled all of its
obligations under this Agreement, City shall reimburse to Concessionaire the
Security Deposit, together with interest accrued, within fifteen (15) days following
the expiration date of the agreement, or a termination of the agreement that is not
occasioned by a failure of performance or other default by Concessionaire. Within
fifteen (15) days following a termination of the agreement that is occasioned by a
failure of performance or other default by Concessionaire, City shall reimburse to
Concessionaire any remaining balance of the Security Deposit.
A. The Concessionaire shall:
IV. OPERATIONS AND SERVICE
1. Provide the number of personnel (in Concessionaire's sole and reasonable
judgment) to adequately manage and staff the Restaurant portion of the
Concession Areas. Personnel shall include a manager, whose principal
employment responsibility shall be the management of this Restaurant and who
shall spend a majority of his /her hours in such management capacity on site at
the Restaurant.
2. Prepare the application and assume responsibility for all costs and expenses of
the application and obtaining of a Class H license issued by the Washington State
Liquor Control Board. Concessionaire shall abide by the rules and regulations of
the Liquor Control Board relative to any such licenses. The City shall cooperate
in the application including, without limitation, executing any reasonable,
appropriate documents as "owner" of the Concession Areas that may be
required in conjunction with such application.
3. Provide complete food services, in compliance with all applicable health and
food service regulations, in and from the Restaurant for a minimum of ten (10)
consecutive hours per day during each day of golf course operations, which
include most holidays and all weekends; provided, that limited food service as
reasonably approved by the City may be provided during the period(s) when
remodeling and equipment installation is taking place. Food service shall not be
limited at any other time without prior written approval of the City. The
Concessionaire shall determine and post in a visible location which actual hours
during each day the Restaurant shall be open.
C:`Documents and Scttinas \melissa- h\Deskton`Fostcr {golf Rest strikeout.docH: \Word Praccssi!a3'.Contracts Agreenients\F ste
Page 5 of 32
4. Keep the areas for which the Concessionaire is responsible under this Agreement
open and use them to transact business with the public daily during hours
designated by the Concessionaire. The holidays the Concession Areas may be
closed are Christmas Eve, Christmas Day, New Year's Day, and Thanksgiving
Day. Subject to the approval of the City, the Concessionaire may, upon posting a
written notice to the public of not less than one week, close the restaurant and
lounge for a reasonable period of time for repairs or remodeling as authorized,
for taking inventory, or to accommodate construction by the City of public
improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet
Rooms and establish an advertising program acceptable to and approved by the
City's Director of Parks and Recreation Department or designee. The City shall
not unreasonably withhold its approval of an advertising program proposed by
the Concessionaire provided it is in conformance with applicable laws and
regulations, is generally accepted as advertising practices for similar business
operations, and reflects community standards.
B. The facility shall be smoke free. Designated smoking areas shall be at least 25ft from
the building.
C. The City shall allow the Concessionaire to operate a beverage/ snack cart on the golf
course. The cart may serve and sell alcoholic beverages if authorized by State
license, food items, and sundries.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas, subject to the right of the City to
periodically review the price schedules for all food and beverages to ensure
competitive pricing with other golf course concessions.
E. Concessionaire may not subcontract all or any portion of the Restaurant, Lounge or
beverage cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval of the City, which
approval shall not be unreasonably withheld, conditioned or delayed. The
Concessionaire shall submit detailed plans and secure any needed
permits /approvals for all exterior and interior signs. In all cases, signage shall be
consistent in size, color, lettering and theme to the clubhouse design and regular
park signage and specifications, and in accordance all governmental regulations.
C: \Documents and Scttines \rnelissa- h \Dcskton \Foster Golf Rest striker ut.dncH: \Wcrd Piaeess =tt2Y.?: =aet& A reernents'Foster Gel* R, .t.doo
Page 6 of 32
G. With respect to the entry signage, including building entry and roadside signage,
the Concessionaire shall pay all related costs.
H. Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and "private"
function activities in the Concession Areas so as to avoid unreasonable conflicts with
golf course events and activities, particularly when parking limitations exist due to
tournaments, demonstrations or other similar "high use" periods. Concessionaire
shall maintain at all times readily accessible, up -to -date scheduling records
associated with the Restaurant and Banquet Rooms.
I. The following shall be excluded from the Concessionaire's operation:
1. Non -food products unless approved by the City; which approval shall not be
unreasonably withheld, conditioned or delayed;
2. Vending machines unless approved by the City, which approval shall not be
unreasonably withheld, conditioned or delayed; (provided, however, that
Concessionaire shall be allowed to install and maintain one (1) cash machine in
the Concession Areasclubhouse lobby a Portion of the proceeds will be
payable to the City); and
3. Video games or gambling devices unless approved by the City, which approval
shall not be unreasonably withheld, conditioned or delayed;
V. RELATED RIGHTS
The City shall have the right at any time to establish and revise, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas
provided that the City shall give thirty (30) days written notice to Concessionaire prior
to imposing or revising such rules and regulation. The rules and regulations may
include, but are not limited to, the following:
1. The minimum number of hours that the Restaurant, Lounge, and restrooms are
to be open to the public, provided that in no event shall Concessionaire be
required to operate the Restaurant or Lounge more than eight (8) hours per day.
C: \Documents and Settinas \melissa- h \Desltton \Foster Golf Rest strikcout.doc1 =1: \Word "iT,cess A_rfen1a:e =t.?
Page 7 of 32
2. General rules of conduct regarding use of the Restaurant, provided that such
rules shall be consistent with the spirit of this Agreement and the operation of a
first -class restaurant operation, and shall not materially increase Concessionaire's
operating costs.
3. The City reserves the right to use the Banquet Rooms for eight (8) events
annually, at no fee to the City for the use of the Banquet Rooms. City shall
schedule such Banquet Room events in writing with Concessionaire not less than
thirty (30) days prior to the planned event date, and scheduling shall be subject
to events scheduled by Concessionaire prior to receipt of City's scheduling
notice. City shall be required to use Concessionaire's food and beverage services
and shall pay scheduled prices for any food, beverages or services provided to
City during its use of the Banquet Rooms.
4. The City reserves the right to use the Covered Patio for eight (8) events annually,
at no fee to the City, for the promotion of the men's and women's clubs and
course tournament program. City shall schedule such Covered Patio events in
writing with Concessionaire not less than thirty (30) days prior to the planned
event date, and scheduling shall be subject to events scheduled by
Concessionaire prior to receipt of City's scheduling notice. City shall be required
to use Concessionaire's food and beverage services and shall pay scheduled
prices for any food, beverages or services provided to City during its use of the
Covered Patio.
5. The City reserves the right to use of the Banquet Area and Covered Patio for
impromptu use if no conflicting events are scheduled with Concessionaire for the
use of such areas, provided that City shall give Concessionaire as much advance
notice as possible. City shall be required to use Concessionaire's food and
beverage services and shall pay scheduled prices for any food, beverages or
services provided to City during its use of the Banquet Area or Covered Patio.
City shall retain all rights to make reasonable improvements to the Club House
building to enhance access or use. Prior to commencing any such improvements, the
City shall give the Concessionaire not less than thirty (30) days prior written notice of
the nature and schedule of such improvements in order for Concessionaire to review
and comment on the proposed improvements. The City shall review and duly consider
the comments of the Concessionaire and other relevant information prior to making a
final decision regarding the completion of the improvements. If these additional
improvements increase the cost of the basic liability policy to the Concessionaire, the
City shall reimburse the Concessionaire for any reasonable additional cost. City shall
use best efforts to minimize disruption, construction- related dust, and to otherwise not
C:`•Docunnents and Scttinns \rnelissa- h \DesktoniFostcr Golf Rest strikenut.docH:\Word Proccssin :Csntr Attr:enxnts'.Pt;ster Golf E_s .doc
Page 8 of 32
interfere with Concessionaire's operations in the Concession Areas. The City shall not
unreasonably interfere with access to the Premises by Concessionaire, its employees,
vendors, and customers.
VI. PRICES AND WEIGHTS
Concessionaire and its employees shall not make or permit any misrepresentation as to
kind, quality, weight or price of food, beverages or merchandise offered for sale, nor
refuse to sell the same, which have been displayed or advertised (except due to
unavailability of the particular item or running out of stock).
VII. CUSTODIAN AND SECURITY SERVICES
Concessionaire shall, at all times, keep the Concession Areas in a neat, clean, safe and
sanitary condition, and in compliance with all applicable codes. Concessionaire shall
consult with the Tukwila Police Department in order to assist in public safety for all
customers. Concessionaire shall keep the glass of all windows and doors clean and
presentable, furnish all cleaning supplies and materials needed to operate the
Concession Areas in a manner prescribed in this Agreement, and provide all necessary
janitorial services to adequately maintain Concession Areas. Concessionaire shall
provide alarmed security in the concession areas when the premises is closed.
VIII. UTILITIES
The City and Concessionaire agree to pay for utility charges consistent with Exhibit "E"
of this agreement. Generally, the Concessionaire shall pay all charges for water, sewer,
electricity, Metro utility, natural gas, garbage, and security for the following Concession
Areas: the Restaurant, Lounge, Kitchen, mechanical room (for the Concession Areas),
storage area, Banquet Rooms, Patio, Covered Patio, Interior Rest Rooms, and all sewer,
water and garbage.
The City will be responsible for the utility charges from: the Concessionaire office
Lobby /Hospitality, hallway to Banquet Rooms, vestibule, pro shop storage, pro shop,
cart storage, exterior rest rooms parking lot, exterior lighting. The Concessionaire shall
install and maintain at its expense, a private telephone in the Concessionaire office.
IX. CAPITAL IMPROVEMENTS
A. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements or construction (interior or exterior), submit to the City's
Director of Parks and Recreation a concept proposal paper including preliminary
C: \I)ocurnents and Scttinas \meiissa- h \Deskton\Foster Golf Rest strikeout.docH: \Word PfC:_,ein r'aefr acts .3 ectnen-s4€est_r eal- R:.t.d'a'=
Page 9 of 32
sketches of such work, including work schedule and timeline. If approved by the
Director of Parks and Recreation, the Concessionaire may then submit to the City in
writing, formal plans for alterations, improvements, and construction along with a
breakdown of costs for such improvements. Such approval by the Director of Parks
and Recreation shall not be unreasonably withheld, conditioned or delayed.
B. All plans submitted are subject to the approval of the City prior to commencement
of any alteration, improvements or construction. The City agrees to promptly review
said plans, and if the alterations, improvements, and construction are acceptable, to
promptly approve the same, and the plans as approved shall be attached to an
executed copy of this Agreement and incorporated herein. Such approval by the
City shall not be unreasonably withheld, conditioned or delayed.
C. The City's Consent may be conditioned on compliance with any applicable City and
State laws regarding procurement of the capital improvement work, and or
working conditions on the project.
D. All work performed shall be in accordance with approved plans, and shall be
carried out in a manner that minimizes impact upon the use of golf course to the
public. Concessionaire shall be responsible for obtaining all governmental permits
and meeting all code requirements and shall submit copies of the same to the City or
its representative prior to commencing any construction on the Concession Areas.
E. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In
the event any such work is not according to plans as then approved by the City,
shall send a Notice of Non Compliance to the Concessionaire. In the event the
Concessionaire fails to make corrections within twenty (20) days after the
Concessionaire's receipt of such Notice of Non Compliance, the City may make
whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such
corrective work.
F. All alterations, improvements, and construction (excluding trade fixtures) shall
become the property of the City upon termination or expiration of this Agreement
and shall be installed solely at the Concessionaire's expense unless the City
expressly agrees in writing to contribute toward the costs thereof. Notwithstanding
any provision to the contrary contained herein, upon termination of this Agreement,
Concessionaire shall have the right to de- identify the Concession Areas by removing
all brand identity elements such as proprietary signage, custom lighting, trade
fixtures, and personal property related to the Concessionaire's restaurant brand.
C: \•Documents and Setiinas \rnelissa- h \Deskton\Fostcr Golf Rest stril eout.doeW \Werd Processin :"an'rzc`s Agr=_m n
Page 10 of 32
G. Concessionaire shall make capital investments into the restaurant that include a new
bar counter ton, storage cabinet, shelving, banquet seating with raised floor
including new carpet at no cost to the City. All approved capital improvements
become fixtures of the restaurant.
X. MAINTENANCE
A. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of
the concession areas, reasonable wear and tear excepted. Maintenance shall include
cleaning, refinishing and painting of the interior of the Concession Areas specifically
including the restaurant, lounge, kitchen, banquet rooms, carpet, and interior
restrooms and the exterior's covered patio, and patio areas. Concessionaire shall
maintain the Concession Areas to first class commercial facilities standards. Any
failure by the Concessionaire to maintain the Concession Areas shall be deemed a
default under the Agreement.
B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, HVAC system (not including
kitchen range hood, exhaust and make -up air exchange and HVAC system servicing
the kitchen area), electric power lighting panels and distribution circuits, plumbing
system including plumbing fixtures, provided, that any damages or repairs which
are the result of the Concessionaire's negligent or intentional acts shall be the
responsibility of the Concessionaire. City acknowledges that it is responsible for the
construction and installation of the plumbing system, including the dishwasher
drain and any grease traps. City shall indemnify and hold harmless Concessionaire
from any cost or expense associated with the maintenance, repair, or replacement of
the dishwasher drain /plumbing system due to the City's election to construct the
dishwasher drain /plumbing system without a grease trap.
C. The Concessionaire and City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns.
XI. HAZARDOUS SUBSTANCES
A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any
federal, state, or local statute, ordinance, rule, regulation, or other law now or
hereafter in affect pertaining to environmental protection, contamination, or cleanup
(collectively, "Environmental Laws
C: \Documents and Scttinas \mclissa- h`.Deskton \Foster Golf Rest strikeout.docH: \Word Processina'Contracts A \F ster Golf Rest.doc
Page 11 of 32
B. Concessionaire shall keep upon the Concession Areas, in a location accessible to
City, on request during normal business hours, copies of all reports regarding
hazardous or toxic materials in the Concession Areas that Concessionaire has
provided to any governmental agency in the previous quarter. Concessionaire shall,
upon request and at Concessionaire's expense, provide City with a copy of any such
report as to which City requests a copy. In the event of any accident, spill, or other
incident involving hazardous or toxic matter that Concessionaire is required to
report to any governmental agency, Concessionaire shall immediately report the
same to the City and supply City with all information and reports with respect to
the same, together with Concessionaire's clean -up or remediation plan and
schedule. If such clean -up or remediation plan is not acceptable to City in City's sole
discretion, City may so notify Concessionaire and, upon 48 hours prior written
notice (or without notice if so required by an emergency) may enter on the
Concession Areas to conduct the cleanup or remediation and charge Concessionaire
the costs thereof. All information described herein shall be provided to City
regardless of any claim by Concessionaire that it is confidential or privileged,
provided that the City shall not publish or disclose the information to any third
party except as pursuant to Chapter 42.56, the public Records Act.
C. Indemnification: Concessionaire agrees to hold harmless, protect, indemnify, and
defend City from and against any damage, loss, claim, or liability, INCLUDING
reasonable attorney's fees and costs, resulting from Concessionaire's use, disposal,
transportation, generation, and or sale of any Hazardous Substances. The City
agrees to hold harmless, protect, indemnify, and defend Concessionaire from and
against any damage, loss, claim, or liability, including attorney's fees and costs,
resulting from (a) Hazardous Substances existing on the Concession Areas as of the
date of execution of this Agreement; or (b) Hazardous Substances thereafter used,
disposed of, or generated on the Concession Areas by the City; or (c) Hazardous
Substances used, disposed of, or generated on the Concession Areas by any third
party unrelated to Concessionaire. These indemnities will survive the termination of
this Agreement, whether by expiration of the Term or otherwise.
D. Risk of Loss: All personal property of any kind or description whatsoever in the
Concession Areas shall be at the Concessionaire's sole risk, and City shall not be
liable for any damage done to, or loss of, such personal property. However,
Concessionaire is not responsible for losses or claims of stolen property during those
periods of exclusive use of these areas by the city or its employees.
XII. TERMINATION
U:\Docunients and Settinas \melissa- h\Deskton\Foster Golf Rest strikeout.docl =l: \Word Proc=in 'Contracts Agreeernents\Foster Golf R 4e
Page 12 of 32
A. The parties may terminate this Agreement at any time by mutual execution of such
written termination agreement as may be negotiated between the parties.
B. The City may terminate this Agreement and take immediate possession of the
Concession Areas in the event that the Concessionaire shall have failed to perform
any of the covenants or conditions of this Agreement and such default or deficiency
in performance was not remedied by the Concessionaire within thirty (30) days after
receiving notice in writing stating with reasonable specificity the nature of the
default or deficiency and the City's intention to terminate if not corrected; provided,
however, that in the event of a default or deficiency that is of a nature requiring
more than 30 days to remedy, Concessionaire shall not be in default so long as
Concessionaire undertakes to remedy the default or deficiency within the 30 -day
period and thereafter diligently pursues completion of the remedy.
This paragraph shall not apply where the Concessionaire's failure to perform in a
timely manner was caused by the Concessionaire's inability to secure necessary
governmental permits, excluding licenses from the Washington State Liquor Control
Board. The Concessionaire may terminate this Concession Agreement in the event it is
unable to secure the governmental permits necessary to the use of the Concession Areas
proposed herein.
C. In addition, the City may terminate this Agreement and take immediate possession
of the Concession Areas in the event that the Concessionaire shall have been
convicted of committing or engaging in any illegal activity as a part of the
concession operations, including the willful failure to pay all taxes and required fees.
D. In the event that after termination, as provided herein, Concessionaire has not
removed its property and fixtures within the time allowed, the City may, but need
not, remove said personal property and hold it for the owners thereof, or place the
same in storage, all at the expense and risk of the owners thereof, and
Concessionaire shall reimburse the City for any expense incurred by the City in
connection with such removal and storage. The City shall have the right to sell such
stored property, without notice to Concessionaire, after it has been stored for a
period of thirty (30) days or more. The proceeds of such sale shall be applied first to
the cost of such sale, second to the payment of the charges for storage, and the third
to the payment of any other amounts which may then be due from Concessionaire to
the City, and the balance, if any, shall be paid to the Concessionaire.
Notwithstanding any provision to the contrary contained herein, City's and
Concessionaires rights under this paragraph shall be subject to the applicable laws
of the State of Washington.
C: \Documents and Salinas \melissa- h \Deskton`.Fostcr Golf Rest strikeout.docTi: "'lord Proc__s:tv.. Agr° meats \fO seer Golf
Page 13 of 32
E. Upon expiration of the term of this Agreement, Concessionaire shall remove all its
goods, wares and merchandise from the Concession Areas and shall remove any
equipment or trade fixtures placed therein by Concessionaire pursuant to the terms
of any written Agreement providing for removal by the Concessionaire upon
expiration. The Concessionaire shall have twenty (20) days to complete removal of
such property from the Concession Areas. The Concessionaire shall restore any
areas damaged by the installation of trade fixtures or equipment to the condition of
the area before installation occurred, reasonable wear and tear excepted. No non
trade fixtures or improvements or additions to the Concession Areas shall be
removed unless previously agreed in this Agreement or a separate writing signed by
both parties. The City may, but need not, treat any property remaining upon the
Concession Areas after expiration of this Agreement or period for removal of
Concessionaire's property as abandoned by Concessionaire, and may make any
disposition of such property as the City deems fit.
F. Upon termination or expiration of this Agreement, the Concessionaire shall
surrender the Concession Areas to the City in as good condition as at the date of
execution of this Agreement, except for the effects of reasonable wear and tear,
alterations and repairs made with the concurrence of the City, and property damage
caused by risks insured against under fire, extended coverage and vandalism
insurance in current practice.
XIII. STANDARDS OF CONDUCT
A. Concessionaire recognizes that, although it is operating the concession facilities as
an independent operator for profit, the City's Department of Parks and Recreation is
organized and exists for the purpose of maintaining park and recreation facilities for
the use and enjoyment of the general public. The Concessionaire and its employees
will devote their best efforts toward rendering courteous service to the public as
though Concessionaire and its employees were employees of the City, with a view
of adding to the enjoyment of the patrons of this recreational facility.
B. Concessionaire shall operate and conduct the concessions in the Concession Areas in
a business like manner, and will not permit any acts or conduct on the part of the
Concessionaire's employees that would be detrimental to the City's image and
operation of the golf course.
C. Concessionaire shall at all times provide sufficient personnel to adequately staff the
Concession Areas. All personnel shall be dressed in neat appearing attire, which
shall include a standard uniform and shirt logo for Concessionaire personnel that
C :\Documents and Scttinas \meiissa- h \DesktonTostcr Golf Rest strikenut.docH:`. \Ford Processing \Contracts .1greements` sster ec:€- Rest.doc
Page 14 of 32
shall uniquely identify a Concessionaire's employee but which shall not in any way
infer association with or depict representation of the City.
XIV. COMPLIANCE WITH LAWS
The Concessionaire, its officers, employees, and agents shall comply with applicable
federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in
performing its obligations under this Agreement. Such compliance shall include abiding
by all applicable federal, state and local policies to ensure equal employment
opportunity based on ability and fitness to all persons regardless of race, creed, color,
national origin, religion, sex, physical handicaps or age. The Concessionaire shall
comply with applicable laws, standards, and regulations pertaining to employment
practices and employee treatment. Conditions of the Federal Occupational Safety and
Health Act of 1970 (OSHA), and the Washington Industrial Safety and Health Act of
1973 (WISHA). Concessionaire agrees to indemnify and hold harmless the City from all
damages assessed for the Concessionaire's failure to comply with the Acts and
Standards issued thereunder. The Concessionaire is also responsible for meeting all
pertinent local, state and federal health and environmental regulations and standards
applying to any operation in the performance of this Agreement.
XV. ACCESS TO BOOKS AND RECORDS
A. The City or its agents shall have the right to examine and inspect the books and
records of the Concessionaire for the purpose of validating Gross Receipts reports.
If Concessionaire conducts business operations at a location outside the Concession
Areas, Concessionaire shall adopt an accounting system to accurately reflect the
Gross Receipts and expenses derived from the Concession Areas to include
beverage /snack cart sales. Concessionaire shall record all Restaurant sales using
systems which electronically and or digitally record and identify the dates of sales
and the types and amounts of each transaction (so- called "point of sale" or "POS"
systems). The electronic and or digital POS system data files from the restaurant
and lounge areas may be required to be turned in to the City and are also subject to
annual on -site inspections. All electronic and or digital POS system data files are to
be maintained for two (2) years.
B. The Concessionaire shall provide to the City within one hundred five (105) days of
the end of a calendar year, a copy of its State B &O Tax Report for the previous year.
No certified copy of an annual report shall be required. The City shall not pay the
Concessionaire for preparation of any of the financial records or State B &O Tax
Report that will be provided to the City.
C:U)ocurnents and Settinns \mclissa- h` \Foster Golf Rest strikcout.docI \''ord Pree:ssing`Contr_cts AgreementsLFoster 5o
Page 15 of 32
XVI. PHOTOGRAPHS
Either party shall have the right without liability to the other to make photographs or
motion pictures of the facilities, grounds, golf course, and proximate spaces, activity
therein, and or displays or exhibits.
XVII. ADDRESSES FOR NOTICES
Except for payments and Gross Receipt reports as directed by Article III.E. above, any
notice required or permitted hereunder must be in writing and will be effective upon
the earlier of personal delivery or three days after being mailed by certified mail, return
receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that
party designated herein. Either party may specify a different address for notice
purposes by written notice to the other. All notices shall be delivered to the following
addresses:
To the City at the following address:
Office of the City Clerk
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
And to the Concessionaire at the following address:
With a copy to:
XVIII. ASSIGNMENT OF AGREEMENT
The City and Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall
assign the contract in part or as a whole, without the written consent of the other, which
consent shall not be unreasonably withheld, conditioned or delayed. In circumstances
where subcontracting is not prohibited elsewhere in this Agreement, the Concessionaire
shall not subcontract any of the Concession Areas, services, facilities, or equipment, or
C: \Documents and Settinns \rnclissa- h \Deskton`•,Fostcr Golf Rest strikeout.docH: \Wl'ord ra__ssina \Cc =.:fa^ eernentsToster G :R_s..
Page 16 of 32
delegate any of its duties under this Agreement without the prior written approval of
the City, which approval shall not be unreasonably withheld, conditioned or delayed.
XIX. EQUALITY OF TREATMENT
A. Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard
to race, color, religion, sex, age, or national origin. No person shall be refused
service, be given discriminatory treatment, or be denied any privilege, use of
facilities or participation in activities on the Concession Areas on account of race,
color, religion, sex, age or national origin.
B. Concessionaire shall not discriminate in employment on the basis of race, color,
national origin, sex, religion, age, marital status, or disability, except for
employment actions based on bona fide occupational qualification.
XX. CASUALTY TO OR DEMOLITION OF CONCESSION AREAS
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties
recognize that some one or more of these uses may be interfered with or prevented
because of fire, earthquake, flood, storm, landslide, act of war, vandalism, theft or other
extraordinary casualty "Casualty"
A. Material Damage. If the Concession Areas are damaged or destroyed by fire or any
Casualty which cannot, despite diligent, good faith efforts be repaired or restored
within one hundred twenty (120) days following the date on which such damage
occurs, then Concessionaire may elect to terminate the Agreement effective as of the
date of such damage or destruction. Within thirty (30) days after the date of such
damage, the parties shall determine how long the repair and restoration will take.
After that determination has been made, Concessionaire shall have a period of thirty
(30) days to terminate the Agreement by giving written notice to City.
B. Repair After Damage. If Concessionaire does not give notice of Concessionaire's
election to terminate as provided in Section XII A, then City shall, subject to the
provisions of this Section, immediately commence and diligently pursue the
completion of the repair of such damage so that the Concession Areas and the Golf
Course Property is restored to a condition of similar quality, character and utility for
Concessionaire's purposes, including restoration of all items described on Exhibit C
and Exhibit E existing in the Concession Areas prior to such damage.
Notwithstanding anything contained herein to the contrary, if the Concession Areas
C:`:f)ocunients and Salinas \meiissa- h`•.Deskton`,Fostcr Golf Rest strikeout.docH:\ \Ford Prosessin \Contracts
Page 17 of 32
or the Golf Course property is not repaired and restored within one hundred twenty
(120) days from the date of the damage, Concessionaire may cancel the Agreement
at any time before City completes the repairs and delivers the restored Concession
Areas to Concessionaire. If Concessionaire does not so terminate, City shall
continue to restore the Concession Areas. Concessionaire shall have no claim
against the City for any direct, incidental or consequential damages arising from the
City's failure to commence or complete any repairs to the Concession Areas.
C. Uninsured Damage. If damage or destruction is caused by a peril not required to be
insured against hereunder and for which insurance proceeds are not available, either
City or Concessionaire may terminate this Agreement by thirty (30) days written
notice to the other of its election so to do and the Agreement shall be deemed to
have terminated as of such date unless the other party agrees in writing to pay for
such repairs or restoration.
XXI. NO LIENS OR ENCUMBRANCES
It is mutually understood and agreed that the Concessionaire shall have no authority,
express or implied, to create or place any lien or encumbrance of any kind or nature
whatsoever upon, or in any manner to bind, the interest of the City in the Concession
Areas or to charge the rentals payable hereunder for any claim in favor of any person
dealing with Concessionaire, including those who may furnish materials or perform
labor for any construction or repairs, and each such claim shall affect and each such lien
shall attach to, if at all, only the right and interest granted to Concessionaire by this
Agreement. If any such liens are filed, City may, without waiving its rights and
remedies for breach, and without releasing Concessionaire from its obligations
hereunder, require Concessionaire to post security in form and amount reasonably
satisfactory to City or cause such liens to be released by any means City deems proper,
including payment in satisfaction of the claim giving rise to the lien. Concessionaire
shall pay to City upon demand any sum paid by City to remove the liens. Further,
Concessionaire agrees that it will save and hold the City harmless from any and all loss,
cost, or expenses based on or arising out of the asserted claims or liens, against this
Agreement or against the right, title, and interest of the City in the Concession Areas or
under the terms of this Agreement, including reasonable attorney's fees and costs
incurred by City in removing such liens, and in enforcing this paragraph. Additionally,
it is mutually understood and agreed that this paragraph is intended to be a continuing
provision applicable to future repairs and improvements after the initial construction
phase.
XXII. INSURANCE
C:'•Docurnents and Scttinas \melissa- h \Deskton`',Fostcr Golf Rest strikcaut.docH: \Word Proccssing\Contracts A2r °cr:cn?s'F,stcr Go! €P.._,t- -4
Page 18 of 32
A. Fire, Earthquake, Flood Casualty Insurance: The Concessionaire agrees that, at all
times during the full term of this Agreement and at its own expense, Concessionaire
shall, at its sole cost and expense, maintain in full force and effect adequate fire,
flood and other casualty coverage covering the Concession Areas and its contents,
including all personal property, fixtures, improvements. Consessionaire agrees to
hold City harmless for any loss of Consessionaire owned furniture, fixtures,
equipment etc, due to an earthquake. Such policy shall include a replacement cost
endorsement. Concessionaire will, prior to commencing installations of their
supplied equipment at the worksite and before business operations commence, shall
obtain and file with the City's Risk Manager a Certificate of Insurance evidencing
such coverage. All such insurance coverage shall include a thirty -(30) day
cancellation notice to Concessionaire and the City. Adequacy of coverage is defined
as insurance sufficient to restore the Concession Areas to its pre- casualty condition.
B. Liability Insurance: Not less than thirty (30) days prior to the date of
Concessionaire's entry onto the Concession Areas, Concessionaire, at its own
expense shall obtain and file with the City's Risk Manager a Certificate of Insurance
evidencing commercial general liability insurance coverage "CGL providing
coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per
occurrence for property damage. This Certificate of Insurance shall be subject to
approval by the City's Risk Manager as to company, terms and coverage, and said
approval shall not be unreasonably withheld. The CGL shall name the City as an
additional insured and must fully protect the City from any and all claims and risks
and losses in connection with any activities or omissions by the Concessionaire by
virtue of this Agreement. The CGL policy shall remain in full force and effect at the
Concessionaire's sole expense for liability for property damage or personal injury
that may occur in connection with activities or omissions by the Concessionaire or
its patrons, and provide coverage for the full term of this Agreement. Concessionaire
shall insure that the City's Risk Manager is given thirty (30) calendar days prior
written notice, by certified mail, of any cancellation, lapse, reduction or modification
of such insurance. Concessionaire shall have the right to maintain a deductible level
of up to $5,000.00.
C. Release and Waiver of Subrogation: Any policy of insurance carried by either City or
Concessionaire pursuant to any obligation under this Agreement, shall, to the extent
available, contain a waiver of subrogation clause on the part of the insurer. Such
waiver shall apply to damages to adjacent property. Notwithstanding any other
provision of this Agreement, neither City nor Concessionaire shall be liable to the
other party or to any insurance company (by subrogation or otherwise) insuring the
other party for any loss or damage to any building, structure or tangible personal
property of the other occurring in or about the Concession Areas, even though such
C:\ \Documents and Sciiinas'vnclissa- h \I)esl: ton \Foster Golf Rcpt strikeout.docH: \Word Pres=ssing`.Contrac's ,Arc P,s'.d.
Page 19 of 32
Loss or damage might have been occasioned by the negligence of such party, its
agents or employees, if such loss or damage is covered by insurance issued by an
insurance carrier authorized or licensed by the Insurance Commissioner of the State
of Washington to issue lines of insurance, benefiting the party suffering such loss or
damage or was required under the terms of this Agreement to be covered by
insurance by the party covering the loss.
XXIII. HOLD HARMLESS, INDEMNIFICATION,
AND INDUSTRIAL INSURANCE
A. Hold Harmless Indemnification: Each party hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its
officers, agents, or employees to the fullest extent required by law. Each party agrees
to save, indemnify, defend, or hold the other party harmless against all liability, loss,
damages, and expenses, including costs and attorney's fees, resulting from actions,
claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
consequence of the acts or failures to act of the other party, its employees, its
subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the
Concessionaire, any damages allowed shall be levied in proportion to the percentage
of negligence attributable to each party, and each party shall have the right to seek
contribution from the other party in proportion to the percentage of negligence
attributable to the other party.
B. Industrial Insurance: The parties have specifically negotiated Concessionaire's
waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of
Concessionaire's indemnification and hold harmless of the City, including the duty
to defend. This provision shall be inapplicable to the extent such action, claim, or
lawsuit is judicially found to arise solely from the acts or failures to act of the City.
XXIV. RELATIONSHIP OF PARTIES
A. Concessionaire Indenendent Contractor Status: The parties intend that an
independent contractor relationship shall be created by this Agreement. Nothing
contained herein shall create the relationship of principal and agent or of
partnership or of joint venture between the parties hereto, and neither the method of
computation of consideration nor any other provision contained herein shall be
deemed to create any relationship between the parties hereto other than the
relationship of City as granting a concession to the Concessionaire. Concessionaire
has the experience, ability, and resources to develop and operate restaurant facility
and is performing independent functions and responsibilities within its field of
C':\Docunients and Seztinas \tncdissa- h`•.neskton',Fostcr Golf Rest strikeout.docH: \Word Pree_ssing`Contracts A,=.cr.:.nts \Foster Golf P-st.?Je
Page 20 of 32
expertise. Concessionaire and its personnel are independent contractors and not
employees of the City. No agent, employee, servant, or representative of the
Concessionaire shall be deemed to be an employee, agent, servant or representative
of the City. Concessionaire and its personnel have no authority to bind the City or to
control the City's employees. As an independent contractor, Concessionaire is
responsible for its own management. The City's administration and enforcement of
this Agreement shall not be deemed an exercise of managerial control over
Concessionaire or its personnel.
B. No Third Partv Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any
other party.
C. No Joint Venture /Partnership: It is mutually understood and agreed that no joint
venture or partnership formed as a result of this Agreement.
D. Formation of Concessionaire: Concessionaire is a Washington limited liability
company to be formed. No liability shall accrue to the members thereof by reason of
the formation of the limited liability company after execution of this Agreement.
XXV. PERMITS, LICENSES, TAXES AND FEES
A. The Concessionaire shall obtain and at all times maintain a current Tukwila Business
License and shall obtain all liquor, health, and all other regulatory licenses and
permits as may be required or become necessary, including all construction and
building permits, necessary to fulfill Concessionaire's obligations under this
Agreement at Concessionaire's sole expense. Each party agrees to execute such
additional or other documents as may be required to fully implement the intent of
this Agreement.
B. As an independent contractor, the Concessionaire shall be solely responsible for all
taxes, fees and charges incurred, including but not limited to license fees, business
and occupation taxes, workers' compensation and unemployment benefits, all
federal, state, regional, county and local taxes and fees, including income taxes,
leaseholder taxes, permit fees, operating fees, surcharges of any kind that apply to
any and all persons, facilities, property, income, equipment, materials, supplies or
activities related to the Concessionaire's obligations under this Agreement.
XXVI. WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective
C: \\Documents and Settins \mclissa- h \Deskton'\•Fostcr Golf Rest sirikcout.docH: \Word P ee::ssin� Con <rz2ts Agreements\Foste:
Page 21 of 32
unless in writing, specifying such waiver, executed by the party against whom such
waiver is sought to be enforced. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
XXVII. ADVERTISING
Concessionaire shall submit for the City's approval, not to be unreasonably withheld,
all advertisements for commercial vendors related to the concession operation.
XXVIII. REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the
actual damages suffered by the City may be difficult to calculate and, in the event of the
abandonment of the premises by Concessionaire or entry by the City because of breach
or default by Concessionaire, Concessionaire shall pay at the City's option to the City
1/365th per day of prior year's concession fee as liquidated damages until the City has
obtained a new Concessionaire satisfactory to the City. For 2009, the rate would be at a
pro -rated daily amount. Such liquidated damages, if elected by the City, shall be in lieu
of any other remedy provided by law.
XXIX. COSTS ATTORNEY'S FEES
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or
for the restitution of the Concession Areas to the City or eviction of the Concessionaire
during the term or after expiration thereof, the substantially prevailing party shall be
entitled to recover from the other party all reasonable costs and reasonable attorney's
fees incurred, including the fees of accountants, appraisers, and other professionals, at
trial or on appeal, and without resort to suit.
XXX. ARTICLE HEADINGS, GENDER, NUMBER
Article paragraph headings are not to be construed as binding provisions of this
concession; they are for the convenience of the parties only. The masculine, feminine,
singular and plural of any word or words shall be deemed to include and refer to the
gender and number appropriate in the context.
XXXI. ENTIRE AGREEMENT
C: \Documents and Settinas \melissa- h \Deskton \Foster Golf Kest strikeout.docHi:`,Word Pree°ssi14.Contracts A z°rn °_F:
Page 22 of 32
This Agreement and its Exhibits constitutes the entire agreement between the parties,
and the Parties acknowledge that there are no other agreements, written or oral, that
have not been set forth in the text of this Agreement.
XXXII. CHOICE OF LAW VENUE
This Agreement shall be interpreted according to the laws of the State of Washington.
Any judicial action to resolve disputes arising out of this Agreement shall be brought in
King County Superior Court.
XXXIII. MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXIV. ILLEGAL PROVISIONS SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance
of the Agreement shall remain in full force and effect.
XXXV. COUNTERPARTS
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
XXXVI. RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
IN WITNESS WHEREOF, this Agreement has been entered into between the City
of Tukwila and as of the day of 2009.
CONCESSIONAIRE, a Washington corporation
By:
CITY OF TUKWILA
Jim Haggerton, Mayor
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
C:\ Documents and Salinas \melissa- h \.Deskton \Foster Golf Rest strikcotd.doc
s A r _rte nts \Foster rae# I?_a. 3c
Page 23 of 32
LIST OF EXHIBITS
Exhibit A Architectural Floor Plan with Numerical Identification of Rooms /Spaces
Exhibit B Legal Description of Foster Golf Course Property
Exhibit C Provided by the City in Concessionaire's Interests
Exhibit D Rights in Use and Control of Facility Spaces with Apportioning of Utility
Maintenance and Custodial Costs
Exhibit E Foster Golf Links Kitchen Equipment List
C:\Documents and Scttines \melissa- h \Deskton\Foster Golf Rest strikeout.doc'I: \Word Processn /or'rc_ts Agreements`F stet G If Rest doe
Page 24 of 32
STATE OF WASHINGTON
COUNTY OF KING
ss.
I certify that I know or have satisfactory evidence that JIM HAGGERTON is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the CITY OF TUKWILA to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this
STATE OF WASHINGTON
COUNTY OF KING
ss.
Given under my hand and official seal this
day of 2009.
Type/ Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
On this day of 2009, before me personally appeared
to me known to be the a
Washington corporation, that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute and in fact executed said instrument on behalf of the
corporation.
day of 2009.
Type /Print Name
Notary Public in and for the State of Washington
residing at
My Commission expires
C: \Documents and Salinas \melissa- h \Dcskton \Foster Golf Rest strikeout.docH `,Word Proansinz'Contracts Z_r°- .i, Golf Rest.doc
Page 25 of 32
EXHIBIT "A"
Architectural Floor Plan with Numerical Identification of Rooms /Spaces
C: \Documents and Settinas \rnclissa- h`•.Deskton'\FO,tcr Golf Rest strikeout docH: \Word -ozessing`,Contractz 11gr °_mentsircstzr o f Rect -dee
Page 26 of 32
EXHIBIT "B"
Legal Description of Property
King County Parcel Account Number 000300004900 Record Number 01
Legal Description:
0049 FOSTER STEPHEN DC #38 POR OF DC LY NELY OF PS E RY R/ W& NELY
ELY SELY OF FOLG
DESC LN BEG AT NXN OF ELY LN OF PS E RY R/W NLY MGN OF FOSTER ST
PROD ELY THN 49 -11 -08 E 51.59 FT TH
S 75 -02 -50 E TO C/L OF FOSTER ST PROD ELY TH NELY ALG SDC/L TO BANK OF
GREEN RIVER
C:\Docunients and Settings \melissa- h \Deskton \Foster Golf Rest strikeout.docH: \Word Prs:essin G.,..:___ts- Agreernents\Foster Golf Rest ee
Page 27 of 32
EXHIBIT "C"
Provided by the City in the Concessionair's Interests
Bolded Items As specified within the project's construction documents,
required by the city pursuant to its construction contract with Wade Perrow
Construction, LLC., General Contractor.
1. Value of entire project 4- phased scope, including but not limited to: staff and legal
time and resources; architect; facility engineering; utility coordination; permits and
bidding; contracting; siting, site preparation; coordination with contractor and
construction administration required by project documents in concessionaire's areas
of use;
2. Project management/ administrative services provided by the owner's
representative during construction; including the procurement of certain restaurant
equipment specified and contained within Volume 2 of the project manual.
3. Restaurant wood base molding, door, and window casings.
4. Epoxy kitchen flooring.
5. Carpeting.
6. Finished ceilings and soffits
7. Interior paint and wainscot finishes
8. One air curtain at kitchen door
9. Building security and fire alarm hardware systems (security not exceeding $8,704
owners allowance, with consultation)
10. Power, phone, and data infrastructure
11. Standard electrical type j boxes for future connections of music system by others
12. Restaurant booth stubout walls
13. Restaurant exterior walk up service counter
14. Patio and patio lighting
15. Ducts and fans for connection to three concessionaire supplied and installed
kitchen hoods
16. Raised floor for booths
17. Raised floor for breakfast bar
18. Underslab soda sleeves
19. Underslab plumbing
c: \Docunients and Settines\nielissa- h` \.Desl ton\Fostcr Golf Rest strikcout.doc essir.2.:Contracts .grc°m^n s cast e f t.d
Page 28 of 32
20. Slab floor sinks and drains
21. Backing for restaurant shelving
22. HVAC system and controls for kitchen, restaurant, lounge, (and all other
concessionaire use or joint use areas)
23. Kitchen make up air supply
24. Kitchen ductwork
25. Roof penetrations and venting, kitchen, restaurant, lounge and all other
26. Smoker slab, shed roof, and installation connections
27. Meeting room data wiring and floorbox connection
28. Meeting room divider /operable partition
29. All water routing and piping
30. General exterior building, grounds, parking lot, and landscape maintenance
31. Shared use benefit of "joint use areas
32. Exterior signage as budgeted by owner not to exceed $16,320
33. General overhead lighting fixtures in restaurant and in all other concessionaire
and joint use spaces;
34. Interior and exterior facility artwork, motif, and decor accessories procured by
owner to the extent provided in areas exclusive of the concessionaire's spaces.
35. Lobby furniture as selected and procured by owner;
36. Grease trap as required for compliance to city code
C and Scttinas \mciissa- h \Deskton \Foster Golf Rest stn kenut.docH: \Word Prs__sei }rs: s A_reements \Foster f-Re :'.d'c_
Page 29 of 32
EXHIBIT "D"
Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance and Custodial Costs
The city and concessionaire have agreed that joint operations of the facility require 1)
that rights and responsibilities for the use and control of spaces be established, and 2)
that operating costs respective to those spaces which require utilities 3) necessary
maintenance and repair, and 4) custodial services be delineated. The following table
depicts these responsibilities:
Rm. Room/
No. Space Name
100 Pro Shop
101 Hospitality
102 Restaurant
103 Lounge
104 Kitchen
108 Meeting Room B (Banquet)
110 Meeting Room A (Banquet)
111 Meeting Hallway Corridor
112 Restroom Hallway Corridor
113 Mechanical
114 Storage (Meeting Rooms)
115 Women's Restroom
116 Men's Restroom
117 Electrical Data Room
119 Vestibule Front /Main Entry
120 SRR Sprinkler Riser Room
121 Lobby
122 Concessionaire Office
123 Storage Golf Retail
124 Cart Barn
125 Instruction Area
126 Men's Restroom Exterior
127 Women's Restroom Exterior
128 Office (Pro -Shop)
129 Patio, West Covered Dining
130 Patio, East Covered Dining
130A Patio, Meeting Room
Parking Lots
Exterior Site Lighting
Landscape
1
Right
City
Joint Use
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Joint Use
City
Concessionaire
Joint Use
Joint Use
Joint Use
Joint Use
City
Joint Use
Concessionaire
City
City
City
City
City
City
Concessionaire
Concessionaire
Concessionaire
Joint Use
Joint Use
Joint Use
2
Utility
City
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
City
City
City
City
City
City
City
City
City
Joint Use
Joint Use
Joint Use
City
City
City
3
Maint
City
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
City
City
Concessionaire
Concessionaire
Concessionaire
City
City
City
City
Concessionaire
City
City
City
City
City
City
City
City
City
City
City
City
4
Custodial
City
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Not Required
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Concessionaire
City
Concessionaire
Concessionaire
City
City
City
City
City
City
Joint (note #1)
Joint (note #1)
Joint (note #1)
City
City
City
C: \Documents and Setiinas \mclissa- h \Deskton\Foster Golf Rcpt strikeout.docH:\Word P ee:ssin_ Contracts ^_gr::znt :nts\Foster Golf Re-'.t -Flee
Page 30 of 32
Notes of Explanation
Exhibit "D" (Continued)
1. Patios: Daily maintenance is jointly shared in that the city will perform daily
cleaning in its proximity and landscape. The concessionaire will be responsible for
wastes, cleaning fixtures and furnishings including food and beverage stains.
2. Utilities: In consideration of overall HVAC, power, sewer, water, waste disposal,
CATV, landscape, parking lot cleaning, exterior building maintenance and lighting,
site and facility utility needs overall utility use considering rights to spaces were
deliberated. Facility utility loads, durations of daily operations, were considered and
utility responsibilities are apportioned by balancing some areas against others. The
right of use of the room or space does not strictly assign responsibility for utilities.
Phone/Data/CATV: Infrastructure is provided by the city. Trailing costs of
connections, installation, lines, and subscriber fees are the responsibility of the user.
Gas: gas usage has been established by separate meters and separate accounts.
Water: Interior water use is the responsibility of the concessionaire; exterior water
for irrigation and other uses are the responsibility of the city.
Waste Disposal &/or Recycling: is the responsibility of the concessionaire
Power: power use has not been established by separate meters and separate
accounts therefore it is the responsibility of the concessionaire to reimburse the City
for 80% of usage cost.
3. Maintenance: "maintenance" refers not to routine custodial work, but to the
maintenance of walls, carpets, fixed and portable furnishings the condition of the
space and its contents. It includes replacements of light bulbs, repairs, stain removal,
painting, and refurbishing of spaces as it deteriorates through use over time.
4. Custodial: refers to routine, daily and other custodial functions, including, but not
limited to, sweeping, mopping, vacuuming, dusting, surface cleaning, waste
disposal.
C: \Documents and Settines \melissa- lr \Deskton\Foster Golf Rest strikeout.doc1= "':‘rd Pree ng \'C,?F<t_a.'s i'cl.`—Re t doc
Page 31 of 32
EXHIBIT "E"
Foster Golf Links Kitchen Equipment
C: Documents and Settinas \nielissa- h \Deskton',Foster Golf Rest strikcotit.dncH: \Word Pro :.z :ci Caa:racts Agrzzrnzats`r ostz: Dal- t= Rcst.doc
Page 32 of 32
CO UNCIL AGENDA SYNOPSIS
Initials I TEM NO.
r Meeti[i Date Prepared b [Vla or's review Count-il review
t.. I 04/13/09 I M.Villa I I
I 04/20/09 I M.Villa
I I I I I
ITEM INFORMATION
C. \S NuNIBI`11t: 09 04 0RIGIN, \1.AG1?ND,\ D \TT: APRIL 13, 2009
A(,kND.\ 1ri Trrl,r. Contracts for Animal Control Services
C.\ Iv(;OI1 ®Didcwoion Motion Resolution Ordinance Bid,421jard Public•Hearinc Ot&r
Altg Date 04113109 ALtg Date 04/20/09 A11tg Date Altg Date Altg Date Mt., Date Mg Date
Si'( )NSOIZ Council Mayor Adm Svcs DCD Finance Fire Lgoal P&P, Police Plt'
SPONSOR'S Currently, King County Animal Control and the City have an interlocal agreement that calls
S I'\ I'% In, for 12 hours of supplemental animal control services per week. An amendment to the
Interlocal will provide one full time officer to work within SeaTac and Tukwila, dedicating
twenty (20) hours of services per week to each city. The Council is being asked to
authorize the Mayor to sign an Interlocal Agreement with King County and an Interlocal
Agreement with the City of SeaTac for the enhanced animal control services.
1w COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 04/07/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Consideration of contracts
COl\I'Irrr'] "I" Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
El'I ;ND1'CURI RI ?(>UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$95,000 $76,000 $19,000
Fund Source: GENERAL FUND
Conznzents: Expenditure is for 7 months in 2009 and entirety of 2010 at $60,000 per year.
I MTG. DATEI RECORD OF COUNCIL ACTION
04/13/09 Forward to the next Regular Meeting
MTG. DATE I ATTACHMENTS
04/13/09 Information Memorandum dated 03/11/09
Interlocal Services Agreement- Amendment with King County in strike through form
Interlocal Agreement between Tukwila, King County, and SeaTac
Minutes from the Finance Safety Committee meeting of 4/07/09
04/20/09 No attachments
CAS NUMBER 09-043
C. \'1'I.GORY
SPONSOR
SP( )NSOR'S
SPNI,\t.\RY
RI's "IP,\\'IID BY
Fund Source:
Continents:
1
MTG. DATE
04/13/09
04/20/09
x)4.3
Ac,r.ND.\ I I] :\1Trrl.l; General Fund contribution to the Equipment Rental Fund
Discussion Motion n Resolution
AR; Date 04/13/09 Mtg Date 04/20/09 Mg Date
Council n Mayor U Adm Svcs DCD Finance E Fire 1 L P &R Police Lf PT'
This item will involve removal of the General Fund contribution for equipment replacement
to the Equipment Rental Fund for 2009. The departmental contributions will be moved out
of the departments and added back to Department 20 to prevent the funding from being
spent. The Council is being asked to consider and approve the budget amendment
removing departmental contributions to the Equipment Rental Fund for 2009.
1
1
COW Mtg.
Utilities Cmte
IVleetin, Date
04/13/09
04/20/09
COUNCIL AGENDA SYNOPSIS
Prepared by
SH
SH
ITEM INFORMATION
'ORIGINAL \DATE: APRIL 13, 2009
CA &P Cmte
Arts Comm.
n Ordinance n Bid Award 1 1 Public Hearing 1 1 Other
illtg Date tlitg Date illtg Date A1tg Date
11
Parks Comm.
Council review
F &S Cmte Transportation Cmte
DATE: 04/07/09
RECOMMENDATIONS:
SP<)NS()R /ADMIN. Finance Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
F�l'I?NDl'1'URI? R1?OUIRI?D AMOUNT BUDGETED
$464,964 $464,964
MTG. DATE RECORD OF COUNCIL ACTION
04/13/09 'Forward to next Regular Meet1i ng
ATTACHMENTS
Informational Memorandum dated 04/01/09
Authorization for Transfer of Funds dated 04/01/09
Minutes from the Finance and Safety Committee meeting of 4/7/09
Authorization for Transfer of Funds dated 04/01/09
Planning Comm.
ITEM NO.
APPROPRIATION REQUIRED
To:
the
City of Tukwila
AUTHORIZATION FOR
TRANSFER OF FUNDS
Department: Finance Department Date: April 1, 2009
Under the provisions of Ordinance No. 2221, the following transfer of funds within the budget class is requested:
From:
Budget Line Item Number/ BAR
000.03.513.100.45.94 Mayor's Office
000.07.574.100.45.94 Parks Rec
000.07.574.200.45.94
000.08.558.100.45.94 DCD
000.08.558.600.45.94
000.10.521.100.45.94 Police
000.10.521.210.45.94
000.10.521.220.45.94
000.10.521.250.45.94
000.10.521.700.45.94
000.11.522.100.45.94 Fire
000.11.522.200.45.94
000.11.522.300.45.94
000.11.522.400.45.94
000.11.522.601.45.94
000.13.518.300.45.94 Public Works
000.13.532.100.45.94
000.13.532.101.45.94
000.13.532.200.45.94
000.15.576.800.45.94 Parks Maint.
000.16.543.300.45.94 Streets Div.
Total
Budget Line Item Number/ BAR
000.20.291.840.00.00 End Fund Balance
Total
464,964
Amount
9,323
2,247
14,358
6,987
3,804
16,985
22,737
119,886
4,994
13,206
30,028
4,564
17,474
5,081
6,811
10,864
2,455
4,134
1,929
30,106
136,991
Amount
464,964
464,964
Detailed justification for transfer: Remove General Fund contribution for 2009 to the Eouipment Rental Fund.
APPROVED BY THE TUKWILA CITY COUNCIL AT A MEETING THEREOF:
APPROVED BY THE DEPARTMENT HEAD:
Signature:
APPROVED BY THE MAYOR:
Signature:
CO:ksn 4/1/2009
day of 20
Date:
Date:
CAS NUMBER 09-050
Ac; km), ITI.I\I TITLE Participation in Statewide Amnesty Program by the Tukwila Municipal Court
C 1 I' ;GOR1 1 1 Discussion
AN Date
SP( )NS( )R Couna/
SPONSOR'S
S
;D BY
Fund Source:
Comments:
MTG. DATE
04/20/09
MTG. DATE
04/20/09
05D
The District and Municipal Courts in the State of Washington, with the support of Supreme
Court Justice Gary Alexander, will participate in a statewide amnesty program. The
amnesty period is May 1— May 31, 2009.
The Council is being asked to support the Tukwila Municipal Court's participation in the
statwide amnesty program
I
11
COW Mtg.
Utilities Cmte
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by
04/20/09 LRK
Motion n Resolution
Altg Date 04/20/09 Mtg Date
II
I
ITEM INFORMATION
!ORIGINAL AGI;ND, \'I7:: APRIL 20, 2009
Biel _Award Public Hearing Other
flit Date A kg Date AN Date
Mayor 1 1 Adm Svcs n DCD 1 1 Finance 1 1 Fire 1 Legal U P &R 1 1 Police n PIV
CA &P Cmte
Arts Comm.
Initiate
!player'; review
I
n Ordinance
Altg Date
1
Council review
F &S Cmte
Parks Comm.
I
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 04/01/09
Letter of Support from Supreme Court Chief Justice, Gary Alexander
Minutes from the Finance and Safety Committee meeting of 4/7/09
1-1 Planning Comm.
ITEM No.
1 A
Transportation Cmte
DATE: 04/07/2009
RECOMMENDATIONS:
SPONSOR /ADMIN. Support of amnesty program
COMMIVITI�.E Unanimous Approval; Forward directly to Regular Meeting
COST IMPACT FUND SOURCE
Ex1I RIS(?UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $N /A $N /A
TO:
FROM: LaTricia Kinlow, Court Administrator
DATE: April 1, 2009
SUBJECT: Participation in Statewide Amnesty Program
ISSUE
BACKGROUND
RECOMMENDATION
The Council is being asked to support the municipal court's participation in this amnesty
program and to state such support during the April 20, 2009 Regular Meeting.
ATTACHMENTS
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance Safety Committee
Letter of Support from Supreme Court Chief Justice, Gary Alexander.
Jim Haggerton, Mayor
Many courts are experiencing the effects of the current state of the economy. Most court
customers are unable to pay their court fines resulting in the suspension of their driver's license.
The District and Municipal Courts in the State of Washington, with the support of Supreme Court
Justice Gary Alexander, will participate in a statewide amnesty program. The amnesty period is
May 1St May 31 2009. We have consulted with Alliance One Receivables Management, Inc.
(collection agency used by Tukwila Municipal Court), and they have participated in the planning
of the amnesty program and are aware of the issues involved.
Presiding Judges and Court Administrators are well aware of the flurry of activity intended to
lead to the opportunity for defendants state -wide to pay off existing fines with either interest and
penalties waives or substantially reduced fines. With most courts choosing to participate in the
Fine /Collection Amnesty during the month of May 2009, we can benefit the public in general by
re- licensing as many individuals as possible.
The marketing of the program will be orchestrated by the Administrative Office of the Courts.
They will contact the media agencies throughout the state and they will provide courts with
information we can distributed to our local media venues
GERRY L. ALEXANDER.
CHIEF JUSTICE
TEMPLE OF JUSTICE
POST OFFICE ROX 40929
OLYMPIA, WASHINGTON
98504 -0929
Dear Colleagues:
L.y$ur. UT2 Car±
Sim xif Pagiringirrn
March 19, 2009
(360) 357-2029
FAX (360) 357 -2085
E -MAIL J_G.ALEXANDER @COURTS.WA.GOV
It has come to my attention that a number of limited jurisdiction courts are
currently organizing a "Collections Amnesty" program. It is my understanding, also, that
the board of the District and Municipal Court Judges' Association is supportive of this
effort as is the board of the District and Municipal Court Managers' Association.
During this time of reduced resources for citizens and government entities alike,
this campaign is timely and makes a great deal of sense. Under this program, persons
owing delinquent fines will have the opportunity to responsibly address their obligation.
At the same time they can save money because accrued interest and collection fees will
be reduced or eliminated. State, county, and city governments will also benefit when
these fines are paid.
I encourage you to consider joining this worthwhile program.
Very truly yours,
C)Th- C Glit41
Gerry leKander
Chief J ice
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
April 7, 2009, 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn
Staff: Shawn Hunstock, Trish Kinlow, Mike Villa, Jim Morrow, Gail Labanara, Mary Miotke,
Rhonda Berry and Kimberly Matej
CALL TO ORDER: Chair Linder called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
City of Tukwila
Finance and Safety Committee
II. BUSINESS AGENDA
A. Tukwila Municipal Court Participation in the Statewide Amnesty Program*,
Staff is seeking Council support of the Court's participation in a statewide Amnesty Program which will
t give defendants the opportunity to pay off delinquent fines with interest and collection fees reduced or
eliminated. The amnesty program, which will run May 1 through May 31, will benefit both citizens and
government. The United States Supreme Court has expressed support for such amnesty programs
throughout the country. UNANIMOUS APPROVAL. FORWARD TO APRIL 20 REGULAR
MEETING.
B. Eden Proiect Accounting Module*
Staff is seeking full Council approval to purchase the Project Accounting Module for EDEN Financial
Systems in the amount of $33,763.
The Project Accounting Module will provide the EDEN system the ability to:
Integrate multiple projects
Implement an hierarchy of phases and tasks
Link funding sources with project expenditures
Automatically post overhead costs to projects
Prepare reports for project information and cost over multiple budget years
Reclassify project details independently of the general ledge accounting
Although the items above are not an exhaustive list of the Module's capabilities, it does provide a solid
example of functions that currently must be done manually by staff. The Module will offer an increased
efficiency to deliver financial information in a timely and appropriate manner, and offers a single
information source which is excellent for auditing purposes. Additionally, the Project Accounting
Module will replace the Job Costing Module which EDEN no longer supports.
The Finance Department will absorb the cost of the module at this time, and will seek a mid biennium
budget adjustment, if necessary. After the initial purchase price of $33,763 the annual software
maintenance will be $6,380. UNANIMOUS APPROVAL. FORWARD TO APRIL 20 REGULAR
MEETING.
C. Howard Hansen Dam Budeet Amendment*
Staff is seeking full Council authorization to transfer $50,000 from the City's General Fund to budget
line items created specifically for expenses related to public outreach involving the Howard Hanson
Dam. The Emergency Management Division of the Public Works Department will continue to administer
CAS NUMBER 09-051
AGI {ND.\ I'rI :Nl DTI ,I Authorize purchase of EDEN Project Accounting module
C.\ I I .G( )Rl Discussion ®Iylotion
SI'( )NSOR
SPONSOR'S
SUMMARY
RI: \'lI \C'I :D BY
MTG. DATE
04/20/09 I
MTG. DATE
04/20/09
1Itg Date 04/20/09 Altg Date 04/20/09 Altg Date
Council 1 Mayor 1 Adrt Svcs DCD Finance Fire Legal 1 1 P &'R
The Project Accounting module from EDEN will allow staff to maintain revenue and cost
information within one system to help insure timely and accurate accounting, billing to
outside agencies if applicable, and cash receipting. The Council is being asked to approve
the purchase of EDEN's Project Accounting module..
I
COW Mtg.
Utilities Cmte
COUNCIL AGENDA SYNOPSIS
Initials ITEM No.
Meeting Date Prepared by 1 Alayrr'.r review Counc review
04/20/09 SH 1 6
I/
ITEM INFORMATION
1 1
Resolution Ordinance
CA &P Cmte
Arts Comm.
ORiciNAL AGENDA DATE: APRIL 20, 2009
illtg Date
1 1
Altg Date Altg Date
F &S Cmte
Parks Comm.
$33,763
Fund Source: FINANCE DEPARTMENT
Comments: Funding will be reviewed during mid- biennium adjustment period
DATE: 04/07/09
RECOMMENDATIONS:
SP()NS()R /ADMIN. Approval of purchase
COM-Inn rrEIt Unanimous Approval; Forward to Regular Meeting on 4/20/09
COST IMPACT FUND SOURCE
ESPI ?NDTTURI. RI QUIRI,D AMOUNT BUDGETED APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
Bid Award Public Hearing 1 Other
ATTACHMENTS
Informational memorandum dated 3/27/09
Quote from EDEN /Tyler Technologies
Minutes from the Finance and Safety Committee Meeting of 4/07/09
1 1
$33,763
illtg Date
Police U PW/
Transportation Cmte
n Planning Comm.
TO:
FROM: Shawn Hunstock, Finance Director
DATE: March 27, 2009
SUBJECT: Authorization for purchase of EDEN Project Accounting module
ISSUE
The City is in need of an automated accounting system to track project expenses and
revenues. City staff currently maintain records outside the City's accounting system to
track project expenditures by project, phase and task. Also, with the current accounting
system there is no way to integrate funding sources with project expenditures.
BACKGROUND
The City's accounting system as currently configured allows for some job costing
information to be entered and reported upon. However, the system does not allow for
integration of multiple projects, or implementation of a hierarchy of different projects,
phases or tasks. We also do not have the ability to tie funding source with project
expenditures at this time. Manual effort is being made at this time, outside the City's
accounting system, to gather this type of information.
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
Jim Haggerton, Mayor
The attached quotation is for the purchase and ongoing licensing costs for the Project
Accounting module from EDEN Financial Systems. The Project Accounting module will
give staff the ability to do the following:
1. Jobs can include multiple levels of expenditures and funding sources. Most
projects would have a pyramid of two levels. Overall projects are at the highest
level, then another level for expenditure tasks relating to that project, and another
level that relates to the activities for each task. Another pyramid could consist of
the major funding sources, broken down into allowed and disallowed costs, with
the entities granting or loaning funds.
2. Accounts receivable can be integrated with the funding source for billing
purposes to submit payment reimbursement requests in a timely basis, with the
receipt already coded for later depositing.
3. Overhead distribution to active projects can be set up automatically to post
overhead costs to projects.
4. Many reporting options exist for project information and costs over multiple
budget years.
INFORMATIONAL MEMO
Page 2
5. Project status details can be obtained through drill -down using payroll, general
ledger, accounts payable, etc.
6. Project adjustments can be made to reclassify project detail independently of G/L
accounting.
7. Project budgeting can be integrated with the annual budgeting process to roll
project budgets up to the G/L budget.
The job costing functionality that exists now within EDEN is something we received
some time ago and have used to accumulate some project expense information.
However, the Job Costing module is one that EDEN no longer supports, so another
solution needs to be put in place to replace this functionality.
RECOMMENDATION
The Council is being asked to approve the purchase of EDEN's Project Accounting
module. For the reasons identified above, staff feels the addition of this functionality will
provide department heads, administration and Council with more timely and accurate
information related to status of different projects. Funding is not being requested for this
item at this time. The Finance department budget will absorb the $33,763 initial cost,
and funding may be requested during the mid biennium adjustment period near the end
of 2009, if necessary.
Council is asked to consider this item at the April 7, 2009 Finance and Safety
Committee meeting, the April 13, 2009 Committee of the Whole meeting and
subsequent April 20, 2009 Regular Meeting.
ATTACHMENTS
Quotation from EDEN
U:\BudgetInfoMemoEDENPA.doc
Financial and Administrative
Information Systems Proposal
Prepared for
City of Tukwila
Shawn Hunstock
Finance Director
6200 Southcenter Boulevard
Tukwila, WA 98188
Phone: 206 4331835
FAX: 206 4331833
shunstock@ci.tukwila.wa.us
Prepared By:
Tyler Technologies EDEN Division
Carrie Hughes
Carrie.Hughes@tylertech.com
Phone: 800 -328 -0310
February 20, 2009
tyler
ter
Summary Investment
License Fees
Summary Investment
19,140
Training and Conversion 10,200
Premier Project Management 0
Estimated Travel Expenses 2,700
Estimated Tax 1,723
Total Purchase Price 33,763 Total Annual Fees 6,380
For existing EDEN Clients, the fees are billed as follows:
100% of Application Software License Fees upon delivery of the software products
1 00 of the Year 1 Application Software Maintenance Fees are billed upon Initiation (first day of training)
100% of the Third Party Product License Fees /Purchase Price upon delivery of the third party products
100% of the Year 1 Third Party Product Maintenance Fees upon delivery of the third party products
Services and associated expenses as provided /incurred.
Payment is due within 30 days of invoice receipt. Quote is subject to existing Contract.
1100 Oakesdale Avenue SW Customer Name: City of Tukwila
Renton, WA 98057 Contact: Shawn Hunstock
Carrie.Hughes @tylertech.com Date: February 20, 2009
800 -328 -0310 Salesperson: Carrie Hughes
TAXES
For Washington agencies, the fees set forth in the Investment Summary include estimates for sales taxes.
Actual taxes vary by locale and may be more or less than the amount estimated.
All applicable taxes (including, without limitation, sales, use, or excise tax) shall be paid by Tyler to the proper authorities
and shall be reimbursed by Client to Tyler. In the event Client possesses a valid direct -pay permit,
Client shall forward such permit to Tyler on the Effective Date of this Agreement. In such event,
Client shall be responsible for remitting all applicable taxes to the proper authorities.
If tax exempt, Client shall provide Tyler with Client's tax exempt certificate.
My signature below authorizes Tyler Techonologies to provide products and services as described above.
Signature Job Title
Print Name Client PO Number
Annual Maintenance Fees
Software Maintenance 6,380
Y
ler
P_roductDescription t:
EDEN ,Financial Applications
Project Accounting.
SubTotal
Applicable Taxes
Grand Total
Eden Standard Support Alt Products
Third Party Direct Support
Crystal Software Assurance
Disaster Recovery Services (DRS)
Escrow Service for Source Code
Support Plus
OS /DBA (Ops System and DataBase Suoportl
All prices except for those marked as 'Estimated' are good for 120 days from the above date. "Estimated' quotes are subject to immediate change without notice. Tyler
offers software support on items under the 'Eden' categories. Software support begins upon onset of training of the software module. Support and maintenance on all
other items is offered directly by the supplier or manufacturer. All client computers must meet the minimum client hardware and software requirements defined by Tyler.
Sales taxes estimated above will be charged to Washington customers per the purchasing agreement Estimated costs of Travel and Expenses includes estimated
charges for travel to and from the customer site.
Tyler Technologies; 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328 -0310; eden.sales@tylertech.com
Estimated Training Install Conversion Days***
Customer Name: City of Tukwila
Concurrent Users: Site License
Date: February 20, 2009
ty er
Tyler Technologies; 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328 -0310; eden.sales@tytertech.com
Customer Price Quotation Standard Implementation
Customer Name: City of Tukwila
Concurrent Users: Site License
Date: February 20, 2009
Product Description
Eden Systems, ,Financial Applications
Project Accounting
Total
Co uu.a.ou
Service
Charges
License Fee (Training,' Data. Estimated
Support:, Discount 'Total Prod uct Conv, 8, Proj Expenses 8
Basis Percent Fees Mgmt) Taxes
31,900.00 I 40 19.140.00 I 10,200.00 I 2,700.00 I 32,040.00
11 $31,900.0011''` .':11$ 19,140.00 11$ 10,200.00 11$ 2,700.00 11$ 32,040.00
1,722.6011 1,722.60
1:S'.4: ;Nrr c'r=;: ='ti, II 19,140.0011 10,200.0011 4,422.60 33,762.60
1 1$ 6,380.00 T r i
On Site
Trips
2.0 1 I
2.0 11 11
Installation,
Training, Off- Data Conv
site prep days Days
8.0
0.5 I
8.0 11 0.5 1
Other
Consulting
Days
Total
Services
Days
8.5
8.5 1
Although quotes for services are provided here as our best estimate of what it will take to properly train your personnel in a 'train the trainer setting, such quotations are
not a guarantee that quoted services will match the skit and requirements of your staff and that additional services might not be needed. For all services quoted here
Tyler will deliver the number of days for the dollars quoted. All additional services beyond those shown in this quotation must first be authorized by the customer and will
be provided by Eden Systems at its then going hourly rate.
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
April 7, 2009, 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn
Staff: Shawn Hunstock, Trish Kinlow, Mike Villa, Jim Morrow, Gail Labanara, Mary Miotke,
Rhonda Berry and Kimberly Matej
CALL TO ORDER: Chair Linder called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Tukwila Municipal Court Participation in the Statewide Amnesty Program*
Staff is seeking Council support of the Court's participation in a statewide Amnesty Program which will
give defendants the opportunity to pay off delinquent fines with interest and collection fees reduced or
eliminated. The amnesty program, which will run May 1 through May 31, will benefit both citizens and
government. The United States Supreme Court has expressed support for such amnesty programs
throughout the country. UNANIMOUS APPROVAL. FORWARD TO APRIL 20 REGULAR
MEETING.
City of Tukwila
Finance and Safety Committee
B. Eden Proiect Accounting Module*
Staff is seeking full Council approval to purchase the Project Accounting Module for EDEN Financial
Systems in the amount of $33,763.
The Project Accounting Module will provide the EDEN system the ability to:
Integrate multiple projects
Implement an hierarchy of phases and tasks
Link funding sources with project expenditures
Automatically post overhead costs to projects
Prepare reports for project information and cost over multiple budget years
Reclassify project details independently of the general ledge accounting
Although the items above are not an exhaustive list of the Module's capabilities, it does provide a solid
example of functions that currently must be done manually by staff. The Module will offer an increased
efficiency to deliver financial information in a timely and appropriate manner, and offers a single
information source which is excellent for auditing purposes. Additionally, the Project Accounting
Module will replace the Job Costing Module which EDEN no longer supports.
The Finance Department will absorb the cost of the module at this time, and will seek a mid biennium
budget adjustment, if necessary. After the initial purchase price of $33,763 the annual software
maintenance will be $6,380. UNANIMOUS APPROVAL. FORWARD TO APRIL 20 REGULAR
MEETING.
C. Howard Hansen Dam Budget Amendment*
Staff is seeking full Council authorization to transfer $50,000 from the City's General Fund to budget
line items created specifically for expenses related to public outreach involving the Howard Hanson
Dam. The Emergency Management Division of the Public Works Department will continue to administer
CAS NUMBER 09-052
C \"I'I ?CORY
SP( )NSOR
SP( )NS()R'S
SUMMARY
MTG. DATE
04/20/09
Initials
IVleeting Date Prepared by I Iviq i reviex Council revien)
04/20/09 SH t /ii1,.k1./
1
Altg Date 04/20/09 A1tg Date 04/20/09 Altg Date
$50,000
Fund Source: GENERAL FUND FUND.BALANCE
Convnents:
COUNCIL AGENDA SYNOPSIS
ITEM INFORMATION
hrl';nf TPri,l': Howard Hanson Dam budget amendment
!ORIGINAL AGI D,\ DATI?: APRIL 20, 2009
RECORD OF COUNCIL ACTION
AItg Date
MTG. DATE ATTACHMENTS
04/20/09 I Informational memorandum dated 3/27/09
Authorization for Transfer of Funds dated 3/30/09
Minutes from the Finance and Safety Committee Meeting of 4/07/09
$50,000
ITEM No.
Discussion Motion U Resolution T Ordinance 1 1 Bid Award 7 Public Hearin; Other
Altg Date Altg Date
Council 1 Nlcyor n Adm Svcs n DCD Finance Fire n Legul P&R Police I NV
AItg Date
The budget amendment will provide funding from General Fund fund balance for expenses
related to the Howard Hanson Dam outreach, promotional material and other expenses.
The Council is being asked to approve the budget amendment..
RI •;\'I I ;\\'I?D BY I COW Mtg. 1 1 CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte 1 Arts Comm. 1 I Parks Comm. Planning Comm.
DATE: 04/07/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Approval of amendment
COMMV1'iT, Unanimous Approval; Forward to Regular Meeting on 4/20/09
COST IMPACT FUND SOURCE
ExPI,NDI'1'URl': RI?OUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
TO:
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
FROM: Shawn Hunstock, Finance Directo
DATE: March 27, 2009
SUBJECT: Howard Hanson Dam Budget Amendment
Jim Haggerton, Mayor
Departments are incurring expenses related to public outreach and other tasks for the
Howard Hanson Dam project. The expenses are currently being accumulated within the
Public Works Department as a component of Emergency Management. The attached
Authorization for Transfer of Funds will provide a budget for these expenses.
The City began incurring expenses related to public outreach materials, web site
updates, etc, as soon as we were aware that there was an issue with the Howard
Hanson Dam. These expenses are related to increasing public knowledge about the
condition of the dam, what the City's planning efforts are related to emergency
response, as well as information for the public regarding flood insurance available from
the National Flood Insurance Program.
Staff time to date has been paid for through existing departmental budgets. Once it
became clear that the City would incur additional expenses related to brochures,
mailings and other items, an accounting structure was established within Emergency
Management in Public Works to account for these expenses. The intent was to fund the
expenses with a budget amendment once there was a better idea of the scope of the
City's efforts.
The attached Authorization for Transfer of Funds will provide funding for the various
expenses related to the Howard Hanson Dam project. Funding will also be provided for
overtime and benefits, as well as extra labor as needed, and for distribution of materials
to residents and businesses. It is expected that departments will continue to pay for staff
time related to the dam project, but the new funding considered herein would provide
resources for incremental hourly wages or overtime, and accompanying benefits, as
necessary for additional work outside of employee's normally scheduled work hours.
Funding is also provided for supplies, professional services and other miscellaneous
expenses. Budget monitoring and control will reside within the Public Works department
which will administer the funds along with other emergency management funding.
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council is being asked to approve the Authorization for Transfer of Funds and
consider this item at the April 7, 2009 Finance and Safety Committee meeting, the April
13, 2009 Committee of the Whole meeting and subsequent April 20, 2009 Regular
Meeting.
ATTACHMENTS
Authorization for Transfer of Funds form
U:1Budgetll nfoMemoHHDBudget.dac
To:
the
COrksn 3/31/2009
City of Tukwila
AUTHORIZATION FOR
TRANSFER OF FUNDS
Department: Public Works Date: March 30, 2009
Under the provisions of Ordinance No. 2221, the following transfer of funds within the budget class is requested:
Budget Line Item Number/ BAR
From: 000.20.291.840.00.00
Total
Budget Line Item Number BAR
000.13.525.600.11.00
000.13.525.600.21.00
000.13.525.600.31.00
000.13.525.600.41.00
APPROVED BY THE DEPARTMENT HEAD:
Signature:
APPROVED BY THE MAYOR:
Signature:
$50,000
$50,000
$15,000
$1,500
$13,500
$20,000
Total $50,000
Detailed justification for transfer: Transfer out of fund balance for estimated expenses related to
public outreach for Howard Hanson Dam Project. Expenses for overtime, benefits, extra labor,
supplies and professional services are estimated.
APPROVED BY THE TUKWILA CITY COUNCIL AT A MEETING THEREOF:
day of 20
Amount
Amount
Date:
Date:
1
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
April 7, 2009, 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn
Staff: Shawn Hunstock, Trish Kinlow, Mike Villa, Jim Morrow, Gail Labanara, Mary Miotke,
Rhonda Berry and Kimberly Matej
CALL TO ORDER: Chair Linder called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No presentations.
City of Tukwila
Finance and Safety Committee
II. BUSINESS AGENDA
A. Tukwila Municipal Court Participation in the Statewide Amnesty Program*
Staff is seeking Council support of the Court's participation in a statewide Amnesty Program which will
give defendants the opportunity to pay off delinquent fines with interest and collection fees reduced or
eliminated. The amnesty program, which will run May 1 through May 31, will benefit both citizens and
government. The United States Supreme Court has expressed support for such amnesty programs
throughout the country. UNANIMOUS APPROVAL. FORWARD TO APRIL 20 REGULAR
MEETING.
B. Eden Proiect Accounting Module*
Staff is seeking full Council approval to purchase the Project Accounting Module for EDEN Financial
Systems in the amount of $33,763.
The Project Accounting Module will provide the EDEN system the ability to:
Integrate multiple projects
Implement an hierarchy of phases and tasks
Link funding sources with project expenditures
Automatically post overhead costs to projects
Prepare reports for project information and cost over multiple budget years
Reclassify project details independently of the general ledge accounting
Although the items above are not an exhaustive list of the Module's capabilities, it does provide a solid
example of functions that currently must be done manually by staff. The Module will offer an increased
efficiency to deliver financial information in a timely and appropriate manner, and offers a single
information source which is excellent for auditing purposes. Additionally, the Project Accounting
Module will replace the Job Costing Module which EDEN no longer supports.
The Finance Department will absorb the cost of the module at this time, and will seek a mid biennium
budget adjustment, if necessary. After the initial purchase price of $33,763 the annual software
maintenance will be $6,380. UNANIMOUS APPROVAL. FORWARD TO APRIL 20 REGULAR
MEETING.
C. Howard Hansen Dam Budget Amendment*
Staff is seeking full Council authorization to transfer $50,000 from the City's General Fund to budget
line items created specifically for expenses related to public outreach involving the Howard Hanson
Dam. The Emergency Management Division of the Public Works Department will continue to administer
Finance Safety Committee Minutes Aoril 7, 2009 Paae 2
funding relative to this outreach. Expenses are estimated at this time. UNANIMOUS APPROVAL.
FORWARD TO APRIL 20 REGULAR MEETING.
*Due to a full agenda for the April 13, 2009, Committee of the Whole Meeting, Committee Chair
Linder, with the concurrence of Committee Members, has approved the above three items to move
directly to the April 20, 2009, Regular Meeting for discussion and subsequent action.
D. General Fund Contribution to Eauipment Rental
Staff is seeking full Council authorization to transfer $464,964 of General Fund contributions to the
General Fund balance rather than to the Equipment Rental Fund.
In response to continued unstable economic conditions, City Administration is proactively identifying
opportunities, such as this, to reduce General Fund expenditures. Removing the 2009 General Fund
contribution of $464,964 to the Equipment Rental Fund will not effect the Fund's operations and
maintenance budget; it will only effect the 2009 equipment replacement contributions which are utilized
to purchase replacement vehicles. The money will be moved to Department 20 (Contributions/Fund
Balance), segregating the cost savings and preventing the money from being spent.
It will be determined at a later time if this transfer is temporary or permanent. Temporary, meaning that
the money will be reimbursed to the specific fund when and if the Administration determines
replacement is plausible; or permanent, meaning that this is a one -time cost savings contribution that will
not be returned to the Fund.
Committee Members recognize the need for the City to be proactive during these times, and expressed
their appreciation for Administration attention to and recognition of cost savings opportunities.
UNANIMOUS APPROVAL. FORWARD TO APRIL 13 COW FOR DISCUSSION.
E. King County Animal Control Services
Staff is seeking full Council approval to enter into two interlocal agreements for enhanced animal
services and programs. One interlocal agreement is between the City of Tukwila and King County in an
amount not to exceed $60,000 annually. The second interlocal agreement is between Tukwila and
SeaTac providing for priority response and mutual aid in the event of an emergency animal control
incident.
Assistant Chief Villa gave a brief history of animal control services in the City as summarized below
(taken directly from his informational memo to Committee):
The City of Tukwila and King County entered into an Interlocal Agreement dated December
15, 1993, relating to the provision of animal control services within the City.
In 1994, the Interlocal was amended. King County agreed to provide supplemental animal
control services to average 12 hours per week.
In August of 2007, the City and King County amended the Interlocal Agreement increasing
dedicated animal control services from 12 hours per week to 20 hours per week. However,
the amendment was never finalized because King County was unable to provide 20 hours of
supplemental services during 2007 or 2008.
King County is now able to provide the supplemental animal control services, in the form of an
additional animal control officer dedicated to the City, for an additional 20 hours per week. The total cost
of this additional service will not exceed $60,000 annually. This amount includes $6,480 for the County
to provide a dedicated animal control vehicle, plus the animal control officer's base hourly rate including
benefits. As determined by the interlocal agreement, the animal control officer will report directly to the
officer in charge (which will be Traffic Officer Jon Harrison) as well as the contract administrator
(Assistant Chief Mike Villa).
20th (Monday)
Transportation
G
CANCELLED
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
3 City Council
Committee of
the Whole
Mtg.
7:00 PM
(Council
Chambers)
21st (Tuesday)
Finance
Safety Cmte,
5:00 PM
(CR #3)
Upcoming Meetings Events
APRIL MAY 2009
22nd (Wednesday)
FLOOD
INFORMATION
2:00 to 4:00 PM
Tukwila Community Ctr
Information to be
provided regarding the
Howard Hanson Dam
and personal prepared-
ness in the event of
future flooding.
Emergency
information available
at www.kingcounty.
gov /floodplans.
D City Council
Special Mtg. (Work
Session on Tukwila
South project)
5:30 to 7:30 PM
(Council Chambers)
COPCAB,
6:30 PM
(CR #5)
Court
23rd (Thursday) 24th (Friday) 25th (Saturday)
Planning
Commission
(Public Hearing
on Tukwila
Urban Center
Plan continued
from 3/26/09
meeting),
7:00 PM
(Council
Chambers)
Tukwila Int'l.
Blvd. Action
Cmte's
Trash Pickup Day
9:00 -10:00 AM
For location contact
Rick at
rickjforschler. org
27th (Monday) 28th (Tuesday) 29th (Wednesday) 30th (Thursday) 1st (Friday) 2nd (Saturday)
D Community D Utilities Cmte,
Affairs 5:00 PM
Parks Cmte, (CR #1)
5: 00 PM
(CR 63)
D Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2392.
D City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
0 City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
D Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3.
D COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206 -433- 7175).
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Stacy Hansen at 206 433 -7181.
9' Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Mate] at 206- 433 -1834
D Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. Agenda item for 4/21 /09 meeting: Contract with
EXCLAIM, LLC for 2009 Southside Visitor Services creative brand refinement and media plan recommendation.
DHuman Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Ewe Boykan at 206 -433 -7180.
D Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2392
D Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206 -767 -2342.
D Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670.
D Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. 4/20/09 meeting has been cancelled
D Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pal Brodin at 206 -433 -1860.
'0> Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206- 433 -1812
D Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1.
Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).
MONTH
April
May 4
25th
Memorial Day
(City offices closed)
June
Tentative Agenda Schedule
29th
Fifth Monday of the
month—no Council
meeting scheduled
6
MEETING 1 MEETING 2 MEETING 3 MEETING 4
REGULAR C.O.W. REGULAR C.O.W.
6:30 PM
EXECUTIVE SESSION
Special Presentations:
Community Pride
Award
(Arts Commission and
Parks Commission)
Somalia Community
Services Coalition
(Mohamed Hassan
and Ahmed Jana)
Proclamation:
Municipal Clerks'
Week
Unfinished Business
Interlocal agreement
supporting
Homelessness
Coordinator with
City of Kent
Tukwila Swimming
Pool lease
1
Unfinished Business:
An ordinance
authorizing the
Mayor to enter into
the Tukwila South
development
agreement
Authorize the Mayor
to sign the CERB
contract
Tukwila South land
use ordinances
11
8
13
Special Presentation
Puget Sound
Regional Council
presentation on the
2040 plan
20
15
See agenda packet
cover sheet for this
week's agenda
(April 20, 2009
Regular Meeting)
Public Hearine:
Tukwila South
development
agreement
Special Presentation:
Update on the Seattle
Southside Business
Attraction Program
(Allison Clark, Economic
Development Specialist,
Highline Community
College)
27
Special Presentation:
South King County
Homelessness Plan
(Jason Johnson,
City of Kent)
Proclamation:
Arts Education month
Special Issues:
Interlocal agree-
ment supporting
Homelessness
Coordinator with
City of Kent
Tukwila Swimming
Pool lease
18 26 (Tuesday)
Public Hearine
Tukwila South
land use ordinances
Special Issues:
Tukwila South
land use ordinances
22
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING