HomeMy WebLinkAboutCOW 2009-07-13 COMPLETE AGENDA PACKET7. MISCELLANEOUS
8. EXECUTIVE SESSION
9. ADJOURNMENT
Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder
S Rhonda Berry, City Administrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn
Monday, July 13, 2009, 7:00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
to be led by Kim Cook, representing Girl Scout Troop #40829 in Olympia.
2. SPECIAL Presentation of the United States flag to Mike West.
PRESENTATIONS
3. CITIZEN At this time, you are invited to comment on items not included on this agenda
COMMENT (please limit your comments to five minutes per citizen). To comment on
an item listed on this agenda, please save your comments until the issue is presented
for discussion.
4. PUBLIC Shoreline Master Program Update and Environmental Review; Pg.1
HEARINGS continued from April 20, 2009 (please bring your "Shoreline" notebooks).
5. SPECIAL a. Briefing regarding receipt of a grant from the Washington State Traffic Pg.5
ISSUES Safety Commission for Walk and Roll Plan flashing beacon in school zone.
b. Authorize the purchase of specialized fire equipment for the Sound Transit Pg.13
Link Light Rail project.
c. Approve Supplement #1 to Contract #09 -044 with KPG, Inc. for 2009 Pg.19
Small Drainage Program construction management services.
d. Approve a consultant agreement with R. W. Beck for the National Pollutant Pg.27
Discharge Elimination System (NPDES) Phase II stormwater requirements.
e. An ordinance amending Chapter 14 of the Tukwila Municipal Code Pg.43
regarding sewer discharge of fats, oils and greases.
f. An ordinance granting a franchise to AT T. Pg.51
g. An ordinance amending regulations regarding bid procedures to increase Pg.69
the authorized expenditure amount and adding emergency procurement
procedures.
h. A resolution authorizing the Mayor to execute certificates for the Cascade Pg.77
Water Alliance Official Statement for the Cascade 2009 Bonds.
i. Authorize the Mayor to sign a hold harmless agreement with the City of Pg.101
Bellevue regarding distribution of proceeds from the sale of the Jail
Alternative Group (JAG) property.
6. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
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.
1 Cl \S NUMWKR:
;I(ND.\ h11INI TT'
C. \"I'I :(,ORY
SPONSOR
SPONSOR'S
Sl' L \RY
BY
Fund Source:
Comments:
MTG. DATE
07/24/08
03/23/09
04/20/09
MTG. DATE
03/23/09
04/20/09
07/13/09
COW Mtg.
Utilities Cmte
COUNCIL AGENDA SYNOPSIS
Meetuig Date
03/23/09
04/20/09
07/13/09
0C1 -3
Discussion I Motion Resolution
AItg Date 03/23/09 i\Itg Dote Mtg Date
Council n Mayor Actin Svcs DCD
CA &P Cmte
Arts Comm.
1
Initials
Prepared by 1 Mayoil's review
JP 1 0k
JP 1 4.4-
J P 1_
ITEM INFORMATION
n Ordinance
Altg Date
Finance
11
11
Altg Date
F &S Cmte
Parks Comm.
Council review
ORIGINAL AGI?NDAD.CPI'.: MARCH 23, 2009
Review of Planning Commission Recommended Shoreline Master Program
Bid _'beard Public Hearin('
7/13/0
Alts Date 04/20/09
ITEM NO.
n Other
Altg Date
Fire Legal P &R Police n PIV
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.
II
II
Transportation Cmte
Planning Comm.
DATE: Community Affairs and Parks Committee deferred review to COW
RECOMMENDATIONS:
SIB )NSOR /ADMIN. Department of Community Development
Commi t"1'IsI? CAP deferred review to Committee of the Whole
COST IMPACT FUND SOURCE
Ex1 I NDI'I'URI? RI QUIRT ?D AMOUNT BUDGETED
$N /A
APPROPRIATION REQUIRED
RECORD OF COUNCIL ACTION
Joint City Council /Planning Commission briefing on staff recommended SMP
C.O.W. briefing on Planning Commission Recommendations
Continue to the July 13, 2009 Committee of the Whole Meeting
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
Informational Memorandum dated 7/8/09
Please bring your blue Shoreline Master Program notebooks to the meeting.
Mayor Haggerton
Members of the City Council
FROM: Jack Pace, Director, Department of Community Developmen
TO:
DATE: July 8, 2009
SUBJECT: Planning Commission Recommended Shoreline Master Program
ISSUE
The City Council held a public hearing on April 20, 2009 on the Planning Commission
Recommended Shoreline Master Program (SMP) and continued the hearing to July 13, 2009 for
additional public testimony.
BACKGROUND
City of Tukwila
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
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 Planning Commission Recommended 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. The City Council began its work sessions on the SMP on
July 7, 2009.
RECOMMENDATION
Close the public hearing to verbal testimony but allow written testimony to be submitted until
close of business July 31, 2009.
ATTACHMENTS
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 7 -8 -09
07/08/2009 9:45:00 AM
I CAS NUMnr,R:
C \1'I. :(;oRY
SPONSOR'S
SUNINI. \RY
Discussion Motion 1 1 Resolution
ALtg Date 07/13/09 Altg Date Mtg Date
MTG. DATE
07/13/09
07/20/09
MTG. DATE
07/13/09
07/20/09
1 1
COUNCIL AGENDA SYNOPSIS
Meeting Date
07/13/09
07/20/09
Prepared by
JP
JP
ITEM INFORMATION
Mayor's review Connci,reuieu'
i
L,itialr ITEM No.
ORIGINAI,AGI NDA DATE: JULY 13, 2009
AGED.\ hri TITLE Briefing regarding receipt of a grant a State grant from Washington Traffic Safety
Commission
Ordinance n Bid Award n Public Hearing 1 1 Other
ZvLg Date Altg Date
AItg Date Aitg Date
SI'oNS( )R I 1 Council Mayor _Adtn Svcs DCD Finance Fire U Legal 1 I P &R Police PIV
Staff received notification of award of a $7,500.00 grant from the Washington Traffic
Safety Commission (WTSC). The grant funds would be used to install two school zone
flashing beacons on S 135 St, near Cascade View Elementary School. The solar powered
flashing beacons would indicate a 20 mile per hour speed limit during morning and
afternoon hours. No action is required of the Council.
Transportation Cmte
1 Planning Comm.
RI BY I I COW Mtg. LI CA &P Cmte n F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: 07/06/09
RECOMMENDATIONS:
SPONSOR /ADMIN. DCD, Public Works
COMMIIT FE unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ELPI''.NDITURI'', RI. ;QUIKI ?D
$0.00
Fund Source: 104.02 ARTERIAL STREETS
Comments:
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 07/07/09 (revised after TC)
WTSC Grant Approval Letter
Site Map
Minutes from the Transportation Committee meeting of 07/06/09
RECOMMENDATION
Information only.
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Public Works Director
Community Development Directo
DATE: July 7, 2009
SUBJECT: Walk Roll Plan
Project No. 07 -RWO4
School Zone Flashing Beacon Grant
Jim Haggerton, Mayor
ISSUE
Staff would like to brief Council on a State grant received by the City of Tukwila from the
Washington Traffic Safety Commission (WTSC) in the amount of $7,500.00 to install two school
zone flashing beacons on S 135 St, near Cascade View Elementary School.
BACKGROUND
Staff met with the Neighbors Without Borders group in May 2009 to talk about ongoing issues
related to traffic safety concerns at the intersection of S 135 St and 32 Ave S near Cascade
View Elementary School. Ongoing concerns relate to drivers who do not obey speed limits
and /or the stop sign at that intersection. Neighbors Without Borders provided copies of the
WTSC grant application to Tukwila staff for installation of a flashing beacon on each side of the
school zone, where there are currently regular school zone signs.
The flashing beacons would replace the signs currently located on each end of the school zone
and will be the same sign indicating a 20 mile per hour speed limit with the addition of solar
powered flashing lights during morning and afternoon hours when children are walking to and
from school.
The flashing beacon grant was discussed on July 6, 2009 Transportation Committee meeting, at
which there was unanimous approval to forward the item to the July 13, 2009 Committee of the
Whole meeting for discussion. The grant requires staff to monitor speeds within the school zone
before and after the sign is installed. The Transportation Committee requested that staff brief
them on the monitoring results once they are obtained.
ANALYSIS
The total grant amount is $7,500.00 for equipment only and a vendor will be selected based on
results of a bid. An estimated cost of the equipment is approximately $7,500.00. Staff time will
be required for installation of the signs, grant administration, monitoring over a one -year period
and maintenance. The estimated cost for in -house staff time (including benefits) is $2,190.00.
Attachments: WTSC Grant Approval Itr
Site Map
Minutes from 7/6/09 Transportation Committee Meeting
W: \Long Range Projects \Walk and Roll \Meetings Events \Council Meetings \7 -13 -09 COW Memo W &R_flashing beacon sign grant.doc
June 19, 2009
Reporting Requirements
City of Tukwila Public Works Department
6300 Southcenter BI.
Tukwila, WA 98188
RE: School Zone Flashing Beacon /Lighting Project
ivED
cloy/
TuKINIL I r
�'t
Pt l
INORKS
PD
1
,C.V5
"a8
STATE OF WASHINGTON
WASHINGTON TRAFFIC SAFETY COMMISSION
PO Box 40944, Olympia, Washington 98504 -0944, (360) 753 -6197
JUN 2 u 2009
Dear Mr. Giberson,
On behalf of the Washington Traffic Safety Commission (WTSC), I am pleased to inform
you that funding for School Zone Flashing Lights in the amount of $7,500.00 is
approved for Cascade View Elementary.
Your project(s) must begin within 60 days after July 1, 2009 (date of grant approval and
availability of funds) and must be completed within 120 days.
PLEASE NOTE: You may not obligate or spend any funds for this project until
after July 1. 2009.
Your agency is responsible to fulfill the reporting requirements as outlined in the signed
agreement, including submitting requests for reimbursement and final reports, in a
timely manner.
Final reimbursement requests must be received by the WTSC no later than 30 days
after the completion of your project(s) or you will not receive reimbursement.
Verification that the lighting systems are installed is required prior to our
processing of any request for reimbursement. (Please provide a digital picture or
similar documentation of the system in place with your request for
reimbursement.)
A final report shall be submitted within one year of installation detailing the impact of this
project within the school zone, and should include if the goals outlined in your original
proposal were achieved. The speed data collected for the final report should be
consistent with the conditions existing during baseline data collection. One year of post
installation collision data should be included as well.
Failure to submit reimbursement requests or to file the required final report could lead to
termination of the project agreement, and forfeiture of reimbursement.
The response to this RFP was overwhelming, as we received proposals from over 150
schools. We do anticipate repeating this project in the spring of 2011.
If you have any questions or concerns regarding your project, please contact me at
(360) 725 -9896, or e-mail bjones @wtsc.wa.gov.
We look forward to working with you on this project and thank you for your commitment
to making our school zones safer.
Sincerely,
Brian Jones
Program Director
-8 o
Qa
0
Q.0
(1) 03 03
1
.a
a) D
U
Vj C
a1
CO >1
al V3
t
y
E
40
U
C o Q
(i
O CD Ea)
O b -Q
E w s
W C O
m O WN�S
i 5
E O >•C
C) J %Ai ti
CO 01 73
Cti
U. 0
N o
c 2
U
0 o
13
TRANSPORTATION COMMITTEE
Meeting Minutes
July 6, 2009 5:00 p.m. Conference Room 1
PRESENT
Councilmembers: De' Sean Quinn, Chair; Dennis Robertson and Verna Griffin
Staff: Jim Morrow, Frank Iriarte, Bob Giberson, Mike Mathia, Peter Lau, Jaimie Reavis, Gail
Labanara and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:01 p.m.
I. PRESENTATIONS No presentations.
City of Tukwila
Transportation Committee
II. BUSINESS AGENDA
A. East Marginal Wav South Fiber Interconnect Project Completion and Acceptance
Staff is seeking full Council approval for contract closeout and authorization to release retainage for the
completed construction of the East Marginal Way Fiber Interconnect Project. Approved by Council in late
2008 (see Transportation Committee minutes dated November 12, 2008), the project installed vaults,
conduits and junction boxes at 16 locations interconnecting the traffic signals within the right -of -way of
East Marginal Way South, between Boeing Access Road and South 81s Place. A $12,000 project under -run
resulted from no need for the bid item "Resolution of Utility Conflicts." UNANIMOUS APPROVAL.
FORWARD TO JULY 20 REGULAR MEETING CONSENT AGENDA.
B. Walk Roll Plan School Zone Flashing Beacon Grant
Staff is seeking full Council approval to accept a grant from the Washington Traffic Safety Commission
(WTSC) in the amount of $7,500 for two school zone flashing lights to be installed near Cascade View
Elementary.
Earlier this year, the Neighbors Without Borders community group provided information to City staff
regarding a WTSC School Zone grant. Staff reviewed the information and applied for school zone flashing
beacons /lights for the area near Cascade View Elementary. Washington Traffic Safety Commission awarded
the City $7,500 in this competitive grant process for the purchase of two flashing lights/beacons. These
lights will replace signs currently located on each end of the school zone off of South 135 Street as you
approach 32n Avenue South near the school. Although there are no City- required matching funds,
installation of the lights will be completed through in -house resources. Monitoring of the area before and
after installation (i.e.: speed and traffic counts) is a grant requirement.
This project complements the Walk Roll Plan goal to raise awareness of traffic speeds in school zones.
Committee members requested that the Neighbors Without Borders group be notified of this item when it
goes forward to COW. Additionally, Committee members would like staff to return to Committee with
appropriate data comparisons when the grant period has ended. UNANIMOUS APPROVAL. FORWARD
TO JULY 13 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 5:20 p.m.
Next meeting: Monday, July 20, 2009 5:00 p.m. Conference Room 1
Committee Chair Approval
Minutes by KAM. Reviewed by BG.
CAS NU\IHI {R:
A(,I .ND.\ hrR\I Trl 1.1: Purchase of Mass Casualty Supplies and Rescue Equipment for the Sound Transit
Light Rail Project.
C, \'1'I',GOR\
Sl'( )NSOR
SPA )NSOR'S
SUMMARY
MTG. DATE
07/13/09
-095
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meetitra Date Prepared by 1 Mayors review Conntil eniew
07/13/09 DT 1 1
07/20/09 DT 1 1 v
Discussion Motion I Resolution I I Ordinance I Bid Award I Public Hearing Other
Altg Date ilftg Date Mtg Date lldtg Date
Council I I Mayor Adm Svcs DCD Finance Fire I I Legal P &R Police PTY/
Altg Date 07/13/09 Alts Date 07/20/09 tlltg Date
ITEM INFORMATION
!ORIGINAL AGENDA D. \TI;: JULY 13, 2009
II
F &S Cmte
Fund Source: SOUND TRANSIT 107 FUND.
Continents Special fund set up to handle these Sound Transit expenses.
The department is assembling two 100 person mass casualty trailers for use with the light
rail system. There will also be a medical equipment stash located at the Tukwila Station
pre- staged for rapid deployment in the event of a train emergency with injuries. We are
also purchasing additional hydraulic rescue tools and equipment, plus specialized cutting
blades for the Tight rail vehicles. Council is being asked to approve the purchase of
emergency equipment with funding provided by Sound Transit.
R I N I :u BY COW Mtg. CA &P Cmte
U Utilities Cmte Arts Comm. Parks Comm.
DATE: 07/07/09
RECOMMENDATIONS:
SP()NS()R /ADMJN. Fire Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExPI RI QUIR1?D AMOUNT BUDGETED
222,052 $234,600
RECORD OF COUNCIL ACTION
5 ce
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0
MTG. DATE ATTACHMENTS
07/13/09 Informational Memorandum dated 7/8/09 (amended after FS Meeting at request of Committee)
Photo of similar trailer to be purchased with requested funds
Minutes from the Finance and Safety Committee meeting of 7/7/09
TO:
BACKGROUND
ANALYSIS
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance Safety Committee
City Council Members
Jim Haggerton, Mayor
FROM: Don Tomaso, Fire Marshal
DATE: July 8, 2009
SUBJECT: Equipment Purchase for use with Sound Transit Light Rail project
ISSUE
The department is assembling two 100 person mass casualty trailers for use with the
light rail system. There will also be a medical equipment stash located at the Tukwila
Station pre- staged for rapid deployment in the event of a train emergency with injuries.
We are also purchasing additional hydraulic rescue tools and equipment, plus
specialized cutting blades for the light rail vehicles. One additional scene lighting tower
unit and portable lighting units will be purchased to augment current available resources
for light rail emergencies.
The Tukwila Fire Department identified specific department needs during our plan
review for the light rail project. We negotiated with Sound Transit for funding. Sound
Transit provided the Fire Department with 1.5 million dollars for equipment purchases
related to the light rail project. This included funding for a second aerial truck, additional
specialized fire hose, two 100 patient mass casualty trailers, specialized rescue tools
and equipment, additional lighting units, tow vehicle with high rail kit and other small
misc. supplies. These current purchases are the third in the series of major purchases
that we need to complete for this project.
We were able to obtain 3 bids for the mass casualty supplies, and we are opting for the
highest bidder. This bidder is on the state approved bidders' list and is also the only
bidder to not take exceptions to the requested items. The intent is to rotate the mass
casualty supplies with the normal emergency medical supplies the department utilizes
on a daily basis. This will provide an annual savings to the department of $5,200 per
year for perishable supplies.
We attempted to obtain three prices for the trailer units, and of the three companies
contacted only the Well's Cargo dealer, Freeway Trailer Sales, responded with a price
as equipped without exception to the specifications. Bickford Motors, the Featherlite
dealer, and Olympic Trailer Truck, Inc, who is the State bid vendor, did not respond
with a price. I worked with Jeff Morton to ensure the trailer is serviceable by the
maintenance shop personnel.
INFORMATIONAL MEMO
Page 2
At the request of the Finance Safety Committee following is the breakdown of the
funds expended from the Sound Transit mitigation fund.
Funding from Sound Transit $1,500,000
2006 Purchases
Aerial Ladder equipment 971,675
Nozzles 62,795
Fire Hose 119,061
Total 2006 purchases $1,153,531
2009 Request
Medical Supplies: 91,924 (with terms discount)
2 22' Trailers 47,861
Rescue Tools Equipment 82,267
Total amount of this request 222,052
RECOMMENDATION
The Council is being asked to consider authorization of the expenditure of Sound
Transit mitigation funds for the purchase of the above described equipment, in an
amount not to exceed $222,052 at the July 13, 2009 Committee of the Whole meeting
and subsequent July 20, 2009 Regular Meeting.
ATTACHMENTS
Photo of similar trailer to be purchased with the requested funds
W:\2009 InfoMemos\F ireSTMemo. doc
".5,••■
\N;q
NNN•N
v
Parish Rapid Assessment Team
11,1,3711L
4 k4V4:54 q:,
Emergency Response Trailers
Providing transportation and storage of specialized
equipment for a variety of emergency services.
(15
Finance Safety Committee Minutes July 7. 2009 Paige 2
Cascade Water Alliance will be issuing approximately $96 million dollars in bonds for the purchase of
Lake Tapps and for the settlement of water rights issues. As a member of Cascade Water, the City of
Tukwila must give approval to continue providing disclosure of certain information which is required by
the bond purchase agreement as well as provide financial and operating information for CWA's official
statement.
Rates already include repayment of this debt, meaning this item will not result in an additional increase in
water rates. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION.
C. Proceeds Distribution Hold- Harmless Agreement for Sale of Jail Administrative Group (JAG) Property
Staff is seeking full Council authorization for the Mayor to sign a Proceeds Distribution and Hold
Harmless Agreement with the City of Bellevue for the recent sale of the Jail Administrative Group owned
property located in Bellevue.
Originally purchased jointly by JAG cities, this property is no longer needed for its intended purpose and
was sold earlier this year. In order to receive the funding disbursement from this sale, all JAG cities must
sign this Proceeds Distribution and Hold Harmless Agreement. This Agreement establishes the
appropriate use of proceeds and consequences for misuse. It is estimated that the City of Tukwila will
received approximately $287,000, all of which will be utilized for expenses relative to the SCORE jail
(this funding must be used for jail purposes). UNANIMOUS APPROVAL. FORWARD TO JULY 13
COW FOR DISCUSSION.
D. Fire Department
Staff is seeking full Council approval to purchase mass casualty supplies (including: tools, trailers,
equipment and medical supplies) from various vendors in the amount of $222,053.35.
The funding for this purchase will come from the Fire Equipment Cumulative Reserve (Fund 107).
Several years ago Sound Transit provided mitigation of approximately $1.5 million to the City for Fire
Department purchases relative to the light rail project. The Fire Department has utilized portions of the
mitigation to purchase such items as an aerial truck, fire hose and equipment all of which will assist with
emergency responses involving link light rail. Approximately $328,000 remains from the original
mitigation payment.
Committee members requested several clarifications be made to the information memo which will go to
full Council:
Clarify the funding mechanism as South Transit mitigation funds
Provide a grand total of the funds being requested reflecting the complete expenditure
Give a brief history which shows the amount of funding the City received from Sound
Transit, and what items have been purchased and respective costs.
Staff further explained the rotation schedule for mass casualty supplies and equipment specifications and
that state approved bidders' list. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR
DISCUSSION.
E. Sales Tax Report: April 2009
Shawn Hunstock reviewed the April Sales Tax Report, noting that numbers showed a minimal
improvement. Sales tax receipts continue to be below budget for the year. If receipts continue to remain at
this level, the City may need to consider other options for addressing such financial issues.
INFORMATION ONLY.
III. MISCELLANEOUS
Acting Committee Member Hernandez mentioned blogs that are utilized by the Seattle Police and Fire
Departments and circulated front page samples of each. She commented that she would like to see the
CAS NUMBER:
AGENDA ITEM TITLE
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
REVIEWED BY
MTG. DATE
07/13/09
07/20/09
MTG. DATE
07/13/09
07/20/09
COUNCIL AGENDA SYNOPSIS
Meeting Date
07/13/09
07/20/09
Prepared by
JM
JM
CA &P Cmte
Arts Comm.
Initials
1 Mayor's review
1
ITEM INFORMATION
09 0 9 7 I ORIGINAL AGENDA DATE: JULY 13, 2009
2009 Small Drainage Program Construction Management Services
Supplement No. 1 with KPG, Inc.
Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07/13/09 Mtg Date 07/20/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
Base Contract No. 09 -044 with KPG, Inc. included design engineering services for the 2009
Small Drainage Program. The construction contract was awarded to Green River
Construction on June 15, 2009. Supplement No 1 with KPG has been negotiated for
construction management services in the amount of $29,956.68. The scope of work will
provide site inspections, construction review, and as- builts.
F &S Cmte
Parks Comm.
Co uncil review 1
COW Mtg.
Utilities Cmte
DATE: 06/ 23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIF1EE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$29,956.68 $40,000.00
Fund Source: 412.02 SURFACE WATER FUND (PG. 146, 2009 CIP)
Comments:
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 06/16/09
Supplemental Agreement No. 1 with Exhibits
Minutes from the Utilities Committee meeting of 06/23/09
ITEM No.
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0.00
City of Tukwila
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: June 16, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: 2009 Small Drainage Program
Project No. 09 -DR01, Contract 09 -044
Supplement No. 1 for Construction Management
ISSUE
Approve Supplemental Agreement No. 1 to Consultant Contract No. 09 -044.
BACKGROUND
Jim Haggerton, Mayor
Base contract No. 09 -044 with KPG, Inc. of Seattle, WA was to provide design engineering
services for the 2009 Small Drainage Program. Council awarded the construction contract to
Green River Construction on June 15, 2009. This supplemental agreement with KPG will
provide construction management support during the construction phase.
ANALYSIS
To properly manage this construction project, the City will need construction management
support during the construction phase. Through this supplement, KPG staff will provide limited
site inspections, reviews for material submittals, change order requests and as -built drawing
preparation. Tukwila construction management staff will provide the majority of the construction
management and field inspections.
BUDGET SUMMARY
Supplemental Agreement No. 1 was carefully reviewed and is reasonable.
Contract Budget
Construction Management $29,956.68 $40,000
RECOMMENDATION
The Council is being asked to approve Supplemental Agreement No. 1 with KPG, Inc. in the
amount of $29,956.68 for the 2009 Small Drainage Program and consider this item at the July
13, 2009 Committee of the Whole meeting and subsequent July 20, 2009 Regular Meeting.
Attachment: Supplemental Agreement No. 1
W \PW Eng \PROJECTS\A- DR Protects \09 -DRO (2009 SDP) \Construction\8efore Construction \Info Memo for KPG's CM Sup #1 6 -16 -09 Final doc
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
PROJECT: 2009 Small. Drainage Program Construction Engineering Services
This SUPPLEMENTAL AGREEMENT NO. 1 is to supplement the agreement entered into with KPG,
Inc. and the City of Tukwila, which was executed on the 17`'' day of February, 2009.
All provisions in the basic agreement remain in effect, except as expressly modified as follows:
Article 2, Scope of Services, shall be modified as follows:
The Consultant agrees to provide construction engineering services as requested by the City in
accordance with the scope of work included as Exhibit A.
Article 4, Payment, shall be modified as follows:
Payment for work provided by Consultant shall be made as provided on Exhibit B, attached hereto,
provided that the total amount of payment to the Consultant for this work not exceed 529, 956.68 without
express written modification of the Agreement signed by the City. The new total contract shall not exceed
588,541.54 without express written modification of the Agreement signed by the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day
of 2009.
APPROVED:
Jim Haggerton
Mayor
Attested:
Christy O'Flaherty, City Clerk
SUPPLEMENTAL AGREEMENT NO. 1
AGREEMENT No. 09 -044
PROJECT No. 09 -DRO1
APPROVED:
CITY OF TUKWILA KPG, INC.
KPG, Inc.
753 9th Avenue N.
Seattle, WA 98109
Nelson Davis, P.E.
Principal
The Consultant shall provide Construction Engineering support services for the 2009
Small Drainage Program as outlined below:
A. Prepare for and attend pre construction conference with the City, Contractor, and
affected utilities.
B. The Consultant shall provide the field support to the inspector for the duration of
construction. The level of effort for field support time is estimated at 12 hours per
week for the contract duration.
C. The Consultant shall review material submittals and RF1's provided by the
Contractor as requested by the City.
D. The Consultant shall review change conditions as they arise and make
recommendation to the City for field changes /change orders.
E. Prepare Record Drawings for the 2009 Small Drainage Program based on
redline drawings provided by the City.
Deliverables:
Exhibit A
City of Tukwila
2009 Small Drainage Program
Supplement No. 1
Construction Support
Scope of work
June 5, 2009
Items to be provided by the Consultant:
Documentation from site meetings, change conditions, and field directives.
Change orders, if required.
Full size Record Drawing mylars, 2009 Small Drainage Program
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila
2009 Small Drainage Program
Supplement No. 1 Construction Support
1 Labor Hour Estimate
Project Project Design
Task Description Manager Engineer Engineer Technician Clerical
178.51 125.35 106.11 93.28 65.78
June 5, 2009
KPG
Architecture
Landscape Architecture
Civil Engineering
Total Fee
Fee
Task 1 Construction Support
A. Prepare for and attend pre con meeting 2 4 0 1 0 1 0 858.42
B. On call field support 8 I 0 144 I 0 1 8 17,234.16
C. Submittal Review 4 0 16 1 0 1 4 2,674.92
D. Field reviews /change orders 8 0 16 1 16 1 4 4,881.44
E. Prepare Record Drawings 1 2 0 8 24 1 4 3,707.74
Reimbursable expenses see breakdown for details 1 1 600.00
Task Totals 1 24 1 4 184 40 1 20 29,956.68
Total Estimated Fee: 29,956.68
Reimbursable Breakdown Cost
Task 1 Construction Support
Mileage 400.00
Reproduction 200.00
Task 1 Total 600.00
UTILITIES COMMITTEE
Meeting Minutes
June 23, 2009 5:00 p.m. Conference Room #1
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Joan Hernandez (filling in for Kathy Hougardy, Chair); Pam Linder, and Dennis Robertson
Staff: Jim Morrow, Frank Iriarte, Pat Brodin, Bob Giberson, Ryan Larsen, Mike Cusick, Peter Lau,
Greg Villanueva, Gail Labanara and Kimberly Matej
Guest: David Weaver
CALL TO ORDER: Acting Committee Chair Hernandez called the meeting to order at 5:01 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. 2009 Small Drainage Program Construction Management Sunt,Iement
Staff is seeking full Council approval of Supplement Agreement No. 1 to Consultant Contract No.
09 -044 with KPG, Inc. in an amount not to exceed $29,956.68 for construction management services.
Now that the construction contract has been awarded, the above supplemental agreement will provide
construction management support during the construction phase of the project. This support will
include: limited site inspections, review of material submissions, possible change order requests, and
as -built drawing preparation. This contract will also allow staff the flexibility to manage the
construction with the assistance of KPG's design expertise. UNANIMOUS APPROVAL.
FORWARD TO JULY 13 COW FOR DISCUSSION.
B. Gilliam Creek Basin Stormwater Overflow Consultant Selection and Design Agreement
For Information Purposes: Gilliam Creek is a natural stream drainage basin which runs along
SR518 from SeaTac and through Tukwila.
Staff is seeking full Council approval of a consultant agreement with PACE Engineering for design
of the Gilliam Creek Basin Stormwater Overflow Project.
The Gilliam Creek Overflow Project was originally planned for 2012. However, due to recent and
anticipated high river occurrences and potential flooding, as well as complications with the Howard
Hansen Dam, staff recommends this project begin sooner. Specifically, this project will connect an
overflow pipe from Andover Park West to Andover Park East along Strander Boulevard allowing
additional water flows to be diverted from Gilliam Basin during high river events.
The Surface Water Fund will be utilized to finance this project, including construction. Future CIP
projects will be adjusted accordingly to account for this expenditure. Staff anticipates this project can
be completed by this October/ November.
Due to the urgency and potential for flooding, the Committee recommended this item be forwarded
directly to the next scheduled Council meeting (July 6 Regular) in order to expedite Council
discussion and staff's ability to mitigate the City's flooding potential.
CAS NUMBER:
AGENDA ITEM TITLE
SPONSOR'S
SUMMARY
1 MTG. DATE
1 07/13/09
07/20/09
MTG. DATE
07/13/09
07/20/09
1
Meeting Date
07/13/09
07/20/09
Initials
Prepared by 1 Mayor's review Council review
7 M I 1 t
3M 1
ITEM INFORMATION
ORIGINAL AGENDA DA I'E: JULY 13, 2009
CI D9
NPDES Program Consultant Agreement with R.W. Beck
CA EGORY Discussion Motion Resolution
Mtg Date 07/13/09 Mtg Date 07/20/09 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD
This consultant agreement is for the National Pollutant Discharge Elimination System
(NPDES) Phase II general permit. Three firms were short- listed from the Consultant Works
Roster and R.W. Beck was chosen as the most qualified. The consultant will assist the City
adopt a new surface water design manual and all of the required supporting documents.
Council is being asked to approve the contract with R.W. Beck in the amount of
$24,502.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 06/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$20,000.00 $0.00
EXPENDITURE REQUIRED
$24,502.00
COUNCIL AGENDA SYNOPSIS
Fund Source: 412.02 SURFACE WATER FUND (PG. 150, 2009 CIP)
Comments: Additional funding will come from the Surface Water fund
Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date
Finance Fire Legal P&R Police PW
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 06/16/09
Consultant Selection
Consultant Agreement with Scope of Work
Minutes from the Utilities Committee meeting of 06/23/09
ITEM No.
City of Tukwila
To: Mayor Haggerton
Utilities Committee
From: Public Works DirectoJr/
Date: June 16, 2009
INFORMATIONAL MEMORANDUM
Subject: NPDES Program
Project No. 93 -DR10
Consultant Selection and Agreement
Jim Haggerton, Mayor
ISSUE
Approve a consultant agreement with R.W. Beck to assist the City in adopting a new surface water design
manual and supporting documents to be in compliance with NPDES Phase II Stormwater requirements.
BACKGROUND
The City's National Pollutant Discharge Elimination System (NPDES) Phase II general permit requires
that the City adopt a stormwater manual that is equivalent to the 2005 Department of Ecology's Surface
Water Design Manual by February 15, 2010. The City may adopt the Dept. of Ecology's (DOE) manual,
adopt another jurisdiction's manual, or develop our own manual and have it reviewed by DOE for
equivalency.
Staff recommends that the City adopt the 2009 King County Surface Water Design Manual to meet the
NPDES requirement. When the City adopts the King County manual, we must also adopt the various
supporting documents that are identified in the King County manual or amend current City procedures to
ensure full compliance with the manual requirements.
ANALYSIS
The City currently uses the 1998 King County Surface Water Design Manual. King County revised their
manual in 2005 and again in 2009 to gain equivalency from DOE. A detailed review of the new manual
and current City codes will need to be conducted by professionals familiar with the manual. Staff
recommends that a consultant firm familiar with this manual be used to guide the City through this
adoption process.
The current Consultant Roster was reviewed and Parametrix, Otak, and R.W. Beck were shortlisted for
this effort. City staff evaluated the qualifications of each of these consulting firms and recommends R.W.
Beck. R.W. Beck is currently working with the City of Renton on their surface water manual adoption and
are familiar with the requirements of manual adoption.
The R.W. Beck agreement is for $24,502.00 and the CIP has $20,000 budgeted for the NPDES Program.
In addition, the City Council approved a new position to implement NPDES requirements. This position
was not filled until June and it is proposed that the money saved by delaying the filling of this position,
combined with the money budgeted, be used to fund this contract.
RECOMMENDATION
The Council is being asked to approve the Consultant Agreement with R.W. Beck in the amount of
$24,502.00 for the NPDES Program and consider this item at the July 13, 2009 Committee of the Whole
meeting and subsequent July 20, 2009 Regular Meeting.
Attachments: Consultant Selection
Consultant Agreement
W \PW Eng PROJECTS \A- DR Protects \93 -dr10 (NPDES Program) \InfoMemo RW Beck Final doc
NPDES SMP
Experience
Agency Expirence
General
Ordinance Adoption
CONSULTANT SELECTION
NPDES Phase II Surface Water Ordinance Adoption
Parametrix
Project Manager 3 1 1
1
1
Working with Tukwila
Program Knowledge 1 3 2
Familiarity with 2009 King County
Storm Water Manual 2 2 1
2
Otack RW Beck
2 1
TOTALS 10 10 7
Score consultant 1 to 4, with 1 being highest and 4 being lowest.
Lowest score is consultant ranked highest.
CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and R.W. Beck, hereinafter referred to as "the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Professional services
in connection with the project titled NPDES Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 60 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $24.502 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies; of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non- Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
Mayor
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Mike Giseburt, P.E.
R.W. Beck, Inc.
1001 4 Avenue, Suite #2500
Seattle, Washington 98154 -1004
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 20
CITY OF TUKWILA CONSULTANT
Attest/Authenticated: Approved as to Form:
By:
Printed Name: Michael Giseburt
Title: Senior Director
City Clerk Office of the City Attorney
Introduction/Purpose
City of Tukwila
NPDES Program Drainage Design Manual
June 10, 2009
The purpose of this contract is to assist the City in updating City Ordinances and its
Development Guidelines and Design and Construction Standards to adopt 2009
KCSWDM with modifications such that it both meets NPDES Phase II permit
requirements and is tailored to meet the needs of the City. The City contemplates doing
this in two phases. The first phase involves an initial effort to develop an ordinance that
adopts the KCSWDM with amendments by Ecology's August 15 deadline. Due to
schedule constraints, this effort will focus on doing what's necessary to adopt the manual
and include amendments such that it will be deemed equivalent to Ecology's manual.
The second phase will primarily be done after the August 15 deadline. This phase will
include development changes to the City's Development Guidelines and Construction
Standards that also amend the KCSWDM. During this phase, more emphasis will be
placed on tailoring the amendments to meet the specific needs of the City of Tukwila.
Phase 1 includes tasks 1 through 4. These tasks are well defined and a specific budget is
established. The effort associated with Phase 2, Tasks 5 and 6 are less defined at this
time and will be understood more clearly after the completion of Phase 1. Consequently
these tasks are identified as "optional tasks" and not contracted at this time.
Note that if the August deadline is extended by Ecology, it may affect the approach for
the work would likely change and the scope of work and project schedule will be
revisited.
Task 1 Review Citv's Current Annroach
Task 2 Strateeize Kev Decision Points
EXHIBIT A
SCOPE OF WORK
The Consultant will perform a high -level review of City ordinances and Design and
Construction Manual to gain an understanding of the City's codes, standards, and
development review process. To facilitate this understanding the Consultant will meet
once with the City and review this information.
The City has decided to adopt the 2009 KCSWDM with amendments to meet
equivalency. In doing so there are several decisions that must be made. Under this task,
the Consultant will help identify and frame these decisions so that the existing City's
ordinance can be modified and reference amendments to the KCSWM such that the
minimum technical requirements of the Phase 2 permit can be satisfied.
Page 1 June 17, 2009
Most of these decisions will be made during two planned strategy sessions involving key
City staff involved in development review, establishing drainage control standards, and
city ordinance management. To facilitate the discussion, the Consultant will send a draft
list of key decision point/issues for consideration in advance of the first strategy session.
An example of the types of decisions to be reviewed and discussed is included as Exhibit
A -1.
An element of the decision making process will be to identify which
changes /modification to the KCSWDM should be made during Phase 1 for the August
15` deadline versus the second phase of this effort.
In some instances, the City may request that additional technical analysis or investigation
be completed in order to fully make a decision. Examples could include mapping and
preparing of issue papers that evaluate the impacts of different decisions. Such additional
technical analysis would be completed under Optional Task 5.
Task 3 Identify Additional Changes to meet full Eauivalencv
Ecology's has developed general guidance that says Phase II jurisdictions that adopt the
2009 KCSWDM must assess other program elements to meet equivalency. Some of
these include:
o Application of construction erosion controls to all sites (compare City
code with KCC 16.82.095)
o Apply soil quality and depth BMP for per 16.82 (clearly adopt reference
section 4 -A under MR #5)
o Compare KC (21A.24) and Tukwila ordinances for protection of wetlands
(or possibly more simply include Appendix Minimum Requirement #8
language in City code)
o Decide if City wants a rural treatment and flow control exemption and, if
so, compare clearing grading/setback requirements in clearing and grading
16.82 and buffer requirements in 21A.24
Working together with the City staff, the product of this task will include suggested
wording (draft) for the drainage ordinance that adopts the manual with amendments;
meets the minimum requirements of the permit and allows for subsequent adjustments to
the application of the manual through revisions to the City's Design and Construction
Manual. The City will"take the lead in advancing the draft language to final form, which
may include legal review.
Task 4 Proiect Management
Page 2 June 17, 2009
This task represents the labor and expenses associated with scheduling, coordination, and
quality control services for work. The Consultant will provide management measures
including:
Monthly invoicing.
Maintenance of project files.
Phone call and e-mail contact with the City.
Task 5 Changes to Development Guidelines and Design and Construction Standards
(Optional Task)
This task assumes the City chooses to use the Development Guidelines and Design and
Construction Standards (Construction Standards) this as primary vehicle for amending
and applying the KCSWDM so that its is tailored to meet the needs of the City. The
Consultant will expand on the decisions made in Task 2 and 3 and develop draft revisions
to the Construction Standards. This task will include two meetings with the City to
discuss the draft and subsequently prepare a final draft of the revised Construction
Standards. The Consultant will incorporate any comments on the final draft and prepare
a final version.
Task 6 Additional Investieation /Assessment Optional Task)
This Optional Task can be used if authorized by the City to conduct additional analyses
to assess and make recommendations for key decisions where requested by City
identified under Task 3. This could include technical assessment, cost assessment,
preparation of issue papers, coordination with Ecology, mapping, etc.
Page 3 June 17, 2009
TABLE A
Example Draft List of Key Decision Points
1) Vehicle for adoption. At this time, we suggest updating ordinance and make
changes to Development Guidelines and Design and Construction Standards
Section 5 that amend the 09 KCSWDM.
2) Where to Apply 40% Rule (what is available and needed to document that this is
appropriate)
3) Whether to apply other flow control standards
4) Should the City apply the minimum requirements of the permit to projects smaller
than the 1 -accre regulatory threshold?
5) Should City Exceed Ecology's Minimum standards where they are exceeded by
King County's. Some examples include:
a. 0.1 cfs flow control exemption (KC basis predevelopment on forested
compared to Ecology's existing condition)
b. Referencing a "date stamp" of 1/08/01 and requiring mitigation for any
new pavement that was not previously mitigated.
c. Direct discharge distance threshold of 0.25 miles
d. Large Drainage Project Review (not req'd in Ecology)
e. Problem mitigation for known water quality problems
6) To what extent should ordinance updates incorporate language on minimum
requirements and thresholds
7) What does the City want to adopt for LID requirements (requirements differ
between the KCSWDM (Phase 1) and Phase 2 jurisdictions.
8) To make the City's program fully equivalent (as described in Task 3 above),
decide if these relevant changes should be make in City ordinances or in the
Development Guidelines and Design and Construction Standards
9) Identify other desired changes from KCSWDM that are appropriate for the City.
Some of these are already in the Development Guidelines and Design and
Construction Standards, but the City is likely aware of others based on past /recent
review of development.
Page 4 June 17, 2009
City of Tukwila
NPDES Program Drainage Design Manual
Project Budget Task Summary
Payment for the work, including labor, materials and expenses actually provided by the Consultant shall be made as shown hereon, provided
that the total amount of payment to the Consultant shall not exceed $24,502 without express written modification of the Agreement signed by
the City.
Task
No. Task
1.00 Review City's Current Approach
2.00 Strategize Key Decision Points
3.00 Iden'fy Additional Changes to Meet Req.;
4.00 Project Management
5.00 Changes to Construction Standards
6.00 Additional investigations
GRAND TOTALS
1 Hours ContlAdmin N
R.W. Beck Subcontractor R.W. Beck
Labor Labor Labor Revenue
Charges, including Contingency +Admin
General Travel Subcontractor
Expenses Expenses Charges
18.0 0.0 $2,799 $80 $40
68.0 0.0 $10,584 $310 $80
52.0 0.0 $7,936 $230 $0
18.0 0.0 $2,379 $65 $0
0.0 0.0 $0 $0 $0
0.0 0.0 $0 $0 $0
1 156.0 0.0 M $23,697 $685 $120
EXHIBIT B BUDGET
Page 1 of 2
(Subtotal
All Expenses)
$0 $120
$0 $390
$0 $230
$0 $65
$0 $0
$0 $0
$0
$0 $805I
Total
Charges
$2,919
$10,974
$8,166
$2,444
$0
$0
$0
$24,502
City of Tukwila
NPDES Program Drainage Design Manual
Labor Revenue Summary
1 Enter names and rates from left to right
Select Name, Class, Nelson, Ralph Giseburt, Featherstone, Mclellan, Tracie Mcintyre, Susan
OR David Michael S. John Lucas Lynn Elizabeth
Sr. Project Financial
Classification° Manager Project Manager Project Engineer Assistant Project Assistant
Default Rate $230.27 1 $191.52 1 $100.75 1 $89.99 j $76.73 1
I $0.00
Manual Rate! 1 1 1 1 1
Task Default or Manual! Default 1 Default 1 Default 1 Default 1 Default 1 Default
No. Task Effective Labor Ratel $230.27 1 $191.52 j $100.75 j $89.99 1 $76.73 j $0.00
1.00 Review City's Current Approach 2.0 8.0 8.0
2.00 Strateg¢e Key Decision Points 12.0 24.0 32.0
3.00 Idenify Additional Changes to Meet Req.s 4.0 24.0 24.0
4.00 Project Management 8.0 6.0 4.0
5.00 Changes to Constructiori:Standards
6.00 Additional lnvestigations
Total Hours 18.0 64.0 64.0 6.0 4.0 0.0
Total Revenues $4,145 $12,257 $6,448 $540 $307
EXHIBIT B BUDGET
Page 2 of 2
Task Totals
Hours Revenues
18.0 $2,799
68.0 $10,584
52.0 $7,936
18.0 $2,379
0.0 $0
0.0 $0
0.0 $0
156.0
$23,697
Utilities Committee Minutes June 23. 2009 Pace 2
Additionally, Committee members requested a color copy of the map which was utilized at the
Committee meeting be distributed to full Council in the July 6 Regular Meeting Agenda Packet.
UNANIMOUS APPROVAL. FORWARD TO JULY 6 REGULAR MEETING FOR
DISCUSSION.
C. NPDES Program Consultant Selection and Agreement
Staff is seeking full Council approval of a consultant agreement with R.W. Beck in the amount of
$24,502 for assistance in adopting a new surface water storm design manual and supporting
documents in order to be in compliance with National Pollutant Discharge Elimination System
(NPDES) Phase II Stormwater requirements.
Per NPDES requirements, the City must adopt a stormwater manual which is equivalent to the 2005
Department of Ecology's Surface Water Design Manual by February 15, 2010. A six -month
extension was granted to all cities from the original due date of August 15, 2009.
R.W. Beck, chosen from the City's current Consultant Roster, will perform professional services to
assist the City in updating relative ordinances, development guidelines, and design and construction
standards to adopt the 2009 King County Surface Water Design Manual with modifications as the
City's own manual. This is anticipated to be a lengthy and detailed process.
Although this item is slightly under the Council approval threshold of $25,000, staff opted to bring
the item forward for approval since any contract changes or supplemental agreements could push the
contract over the approval threshold.
Committee members noted that this requirement is an unfunded mandate. UNANIMOUS
APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION.
D. Ordinance Amending TMC Chanter 14 Sewer Discharge of Fats, Oils and Greases
Staff is seeking full Council approval to amend and update the Tukwila Municipal Code (Chapter 14)
relative to the unlawful discharge of fats, oils and greases into the City's sanitary sewer system.
Major changes outlined in the draft ordinance include: an increased emphasis on grease, addition of
an enforcement section and interceptors, and definitions of fats, oils and greases. It is anticipated that
these changes will decrease the maintenance needed to keep City sewer pipelines clear as well as
reduce grease levels in the Central Business District.
Staff noted that an updated copy of draft ordinance reflecting all changes, via strikeout and
underlining, will be included in the July 13 COW agenda packet. UNANIMOUS APPROVAL.
FORWARD TO JULY 13 COW FOR DISCUSSION.
E. 2008 Drinking Water Oualitv Renort
Staff reviewed information included in the Drinking Water Annual Quality Report for 2008. The City
is required by the Department of Health to make this information available. This information will be
distributed to the community as an insert in the water bills. Additionally, this information will be
distributed to multi family complexes and businesses who may not receive individual water bills.
INFORMATION ONLY.
F. AT &T Franchise Agreement Renewal Ordinance No. 2128
Staff is seeking full Council approval of an ordinance renewing the City's franchise agreement with
AT &T Corporation.
CAS NUMBER:
CA'I'LGORY
SPONSOR
SPONSOR'S
SUMMARY
Fund Source:
Comments:
I MTG. DATE
07/13/09
EXPENDITURE REQUIRED
$0.00
07/20/09
MTG. DATE
07/13/09
07/20/09
Meeting Date
07/13/09
07/20/09
r 0
Prepared by
JM
JM
Discussion Motion Resolution
Mtg Date 07/13/09 Mtg Date Mtg Date
COUNCIL AGENDA SYNOPSIS
Initials
Mayor's review
Council review
ITEM INFORMATION
ORIGINAL AGENDA DATE: JULY 13, 2009
AGENDA ITEM TITLE Ordinance to Amend TMC Chapter 14 Sewer Discharge
Mtg Date 07/20/09 Mtg Date
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 06/15/09
Draft Ordinance
Minutes from the Utilities Committee meeting of 06/23/09
ITEM No.
Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date
Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW
This ordinance will amend and update TMC Chapter 14 for unlawful discharge of fats, oils,
and greases (FOG) into the City's sanitary sewer system. A grease interceptor will be
required to collect and dispose of FOG and shall be adequately maintained and readily
accessible for inspection by the City. All violations will now be considered a civil infraction
under TMC Chapter 8.45.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE 06/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
City of Tukwila
TO: Mayor Haggerton
Utilities Committee
DISCUSSION
RECOMMENDATION
Attachment: Draft Ordinance
INFORMATIONAL MEMORANDUM
W \PW Eng \OTHER \Bob Giberson \Ordini,- Resolutions \Info Memo FOG Ordinance Final.doc
Jim Haggerton, Mayor
FROM: Public Works Directo
DATE: June 15, 2009
SUBJECT: Amend TMC Chapter 14 Sewer Discharge to Address Fats, Oils and Greases
ISSUE
Amend and update Chapter 14 of the TMC for unlawful discharge of fats, oils, and greases into
the City's sanitary sewer system.
BACKGROUND
The Federal Clean Water Act prohibits the discharge of fats, oils, and greases (FOG) and King
County Metro does not allow these illicit discharges into the sewer treatment plant. The
discharge of FOG from animal or vegetable origin can block sewer lines. As grease cools, it
adheres to the walls of pipes and eventually obstructs the flow. Food service establishments like
restaurants, cafeterias, and commercial kitchens contribute grease to the sewer system as well
as multi family residential areas. Consequently, additional maintenance is needed to keep
sewer pipes clear.
The highest area of grease is in the Central Business District and is concentrated around the
largest number of restaurants on Southcenter Parkway. Accumulations of FOG are not only
troublesome for pipes but affects sewer lift stations. The grease floats to the surface and has a
tendency to build up in the wet well. A grease `cake' forms and continues to accumulate and it
interferes with the depth gauge readings of the level transducer. The sewer crew will remove
grease twice a month or more as needed.
Restaurants and food preparation establishments are currently required to have grease
interceptors on their kitchen waste lines. Older businesses have been required to retrofit an
interceptor when they apply for a tenant improvement permit. Maintenance and pumping of the
interceptor should be every 1 to 3 months. The City does not have the resources to inspect
private interceptors but can request a schedule of grease interceptor maintenance from the
business. Procedures are needed so that new managers become aware of the requirements.
The Council is being asked to approve this ordinance amending Chapter 14 and consider this
item at the July 13, 2009 Committee of the Whole meeting and the subsequent July 20, 2009
Regular Meeting.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 342 §24, AS CODIFIED
AT TUKWILA MUNICIPAL CODE 14.12.260, "DISCHARGE OF FOREIGN
SUBSTANCE INTO PUBLIC SEWER UPDATING REQUIREMENTS TO
MEET CURRENT GUIDELINES; ADDING REGULATIONS REGARDING
UNLAWFUL DISCHARGE ENFORCEMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires that the City's sewage and wastewater system
is managed in the most effective manner possible, to meet environmental and ecological
concerns, and protect the health, safety and welfare of Tukwila residents; and
WHEREAS, the discharge of uncontrolled or untreated industrial and other wastes
into the Tukwila sewerage system and the cumulative impacts of any such discharge
will have an adverse impact on water quality; endanger the public health, safety and
welfare; and present a hazard to the functioning of Tukwila's sewerage system facilities;
and
WHEREAS, the City Council believes Tukwila Municipal Code 14.12.260,
Discharge of Foreign Substance into Public Sewer, should be amended for the purpose
of updating codes and practices to comply with federal, state, and county guidelines,
including obstructing the flow of any public sewer line as prohibited by the Federal
Clean Water Act; and
WHEREAS, the City Council desires to have regulations in place regarding
enforcement of unlawful discharge violations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 342 §24, as codified at Tukwila
Municipal Code 14.12.260, is hereby amended to read as follows:
14.12.260 Discharge of Foreign Substance into Public Sewer.
It is unlawful for any person to discharge into any ae e= any zeoling water from
freeze plants, oil and grease, or any substance whatsoever that will tend to retard the
flow of the sanitary sewer y adhering to r depositing on the interior surface there f;
er anyLgases or substances which arc combustible; or acids or other substances in such
y the sanitary sewers or interfere with the operation of
the treatment unit; or substances of such a noxious character as will tend to be injurious
to the h alth. All such gases, acids and substances s
'_e water or sanitary
sewage and allow their safe and convenient removal; and all such traps and separators
shall 'Ise Of design, csnstruction and capacity as shall be approved by the City
supervisor.
A. It is unlawful to discharge or cause to be discharged into any sewer any waste
which may have an adverse or harmful effect on the sewerage sustem, public treatment
works, its personnel or eauipment. Such waste shall include but is not limited to fats,
oils and grease. or any substance whatsoever that will tend to retard the flow of the
sanitary sewer by adhering to or depositing on the interior surface thereof: or any gases
or substances which are combustible: or acids or other substances in such ouantities as
DRAFT
W: \Word Processing \Ordinances\FOG Grease 14.12.doc
PB ksn 07/08/2009
Page 1 of 2
will tend to destroy the sanitary sewers or interfere with the operation of the treatment
unit; or substances of such a noxious character as will tend to be iniurious to the health.
B. All such gases, acids and substances shall be intercepted by an adequate and
suitable separation device or interceptor, installed in such a manner that allows the safe
and convenient removal of the waste product or other substances, materials or liquid as
identified herein, which shall not flow or be discharged into the sanitary sewer system.
All such interceptors shall be of design, construction and capacity as shall be approved
by the City Engineer. The grease interceptor shall be adequately maintained, and
readily accessible for inspection by the City at any time to ensure its proper operation.
C. This section is subject to the terms specified in "Enforcement" set forth in
Tukwila Municipal Code 14.12.265.
Section 2. Regulations Added. Regulations regarding unlawful discharge
enforcement are hereby added to Chapter 14.12 to read as follows
14.12.265 Unlawful Discharge Enforcement.
All violations of TMC 14.12.260 will be considered civil infractions, and are subiect
to the actions and penalties set forth in Chapter 8.45 of the Tukwila Municipal Code.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing \Ordinances\FOG Grease 14.12.doc
PB:ksn 07/08/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
Utilities Committee Minutes June 23, 2009 Pane 2
Additionally, Committee members requested a color copy of the map which was utilized at the
Committee meeting be distributed to full Council in the July 6 Regular Meeting Agenda Packet.
UNANIMOUS APPROVAL. FORWARD TO JULY 6 REGULAR MEETING FOR
DISCUSSION.
C. NPDES Program Consultant Selection and Agreement
Staff is seeking full Council approval of a consultant agreement with R.W. Beck in the amount of
$24,502 for assistance in adopting a new surface water storm design manual and supporting
documents in order to be in compliance with National Pollutant Discharge Elimination System
(NPDES) Phase II Stormwater requirements.
Per NPDES requirements, the City must adopt a stormwater manual which is equivalent to the 2005
Department of Ecology's Surface Water Design Manual by February 15, 2010. A six -month
extension was granted to all cities from the original due date of August 15, 2009.
R.W. Beck, chosen from the City's current Consultant Roster, will perform professional services to
assist the City in updating relative ordinances, development guidelines, and design and construction
standards to adopt the 2009 King County Surface Water Design Manual with modifications as the
City's own manual. This is anticipated to be a lengthy and detailed process.
Although this item is slightly under the Council approval threshold of $25,000, staff opted to bring
the item forward for approval since any contract changes or supplemental agreements could push the
contract over the approval threshold.
Committee members noted that this requirement is an unfunded mandate. UNANIMOUS
APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION.
D. Ordinance Amending TMC Chanter 14 Sewer Discharge of Fats. Oils and Greases
Staff is seeking full Council approval to amend and update the Tukwila Municipal Code (Chapter 14)
relative to the unlawful discharge of fats, oils and greases into the City's sanitary sewer system.
Major changes outlined in the draft ordinance include: an increased emphasis on grease, addition of
an enforcement section and interceptors, and definitions of fats, oils and greases. It is anticipated that
these changes will decrease the maintenance needed to keep City sewer pipelines clear as well as
reduce grease levels in the Central Business District.
Staff noted that an updated copy of draft ordinance reflecting all changes, via strikeout and
underlining, will be included in the July 13 COW agenda packet. UNANIMOUS APPROVAL.
FORWARD TO JULY 13 COW FOR DISCUSSION.
E. 2008 Drinking Water Oualitv Renort
Staff reviewed information included in the Drinking Water Annual Quality Report for 2008. The City
is required by the Depaitnient of Health to make this information available. This information will be
distributed to the community as an insert in the water bills. Additionally, this information will be
distributed to multi family complexes and businesses who may not receive individual water bills.
INFORMATION ONLY.
F. AT &T Franchise Agreement Renewal Ordinance No. 2128
Staff is seeking full Council approval of an ordinance renewing the City's franchise agreement with
AT &T Corporation.
CAS NUMBER: 09-099
CA I'EGORY
I SPONSOR
SPONSOR'S
SUMMARY
Fund Source:
Comments:
EXPENDITURE REQUIRED
$0.00
1 MTG. DATE
07/13/09
07/20/09
I
1 MTG. DATE
1 07/13/09
07/20/09
COUNCIL AGENDA SYNOPSIS
Meeting Date
07/13/09
07/20/09
0Cf- 9
Prepared by
JM
JM
Initials
Mayor's review
ITEM INFORMATION
AGENDA ITEM TITLE Ordinance to Renew AT &T Franchise Agreement
AMOUNT BUDGETED
$0.00
Council review
r'c -J
v tP
ORIGINAL AGENDA DATE: JULY 13, 2009
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: 06/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIIT E Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 06/11/09
Draft Ordinance with Exhibits
Minutes from the Utilities Committee meeting of 06/23/09
ITEM No.
Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07/13/09 Mtg Date Mtg Date Mtg Date 07/20/09 Mtg Date Mtg Date Mtg Date
Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PW
AT &T Franchise Ordinance No. 2128 expires on August 30, 2009. The new ordinance will
renew the AT &T franchise for three years and includes some changes to the utility
relocation requirements in Section 5E. Council is being asked to approve the ordinance for
the new AT &T franchise agreement with an expiration date in August, 2012.
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
$0.00
City of Tukwila
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director)
DATE: June 11, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: AT &T Franchise Aareement Renewal
Ordinance
ISSUE
AT &T Corp Franchise Renewal and repeal Ordinance No. 2128.
BACKGROUND
Jim Haggerton, Mayor
On August 26, 2006, City Council passed Ordinance 2128 (Franchise Agreement) authorizing
AT &T Corp. to install, operate and maintain a telecommunications system in the public rights
of -way. Ordinance 2128 will expire on August 30, 2009.
DISCUSSION
Throughout the current franchise term, AT &T Corp. has maintained a professional relationship
with the City. The new non exclusive Franchise Agreement (attached) calls for a three -year
term and contains some changes in the Terms and Conditions. The most significant change
pertains to the utilities relocation requirements. Section 5E of the new agreement provides for a
more comprehensive utility relocation provision that would greatly benefit our Project Managers
and minimize the risk for change orders.
RECOMMENDATION
Approve the Ordinance for the new franchise agreement with AT &T Corp. and consider this
item at the July 13, 2009 Committee -of- the -Whole Meeting and subsequent July 20, 2009
Regular Meeting.
Attachments: Draft Franchise Ordinance with Exhibits
W: \PW Eng \PROJECTS\Franchise\Infomation Memo -AT &T Franchise Renewal Final.doc
W:\ Word Processing \Ordinances \AT &T Franchise.doc
FI:ksn 6/18/2009
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO AT &T
CORP., LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE
STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING,
OPERATING, AND MAINTAINING A TELECOMMUNICATIONS
SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY;
REPEALING ORDINANCE NO. 2128; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2128, dated August 30, 2006, granted AT &T Corp. a
three -year, non exclusive franchise that expires on August 30, 2009; and
WHEREAS, AT &T Corp., a New York Corporation, "AT &T is a
telecommunications company that, among other things, provides voice and data
services to customers, including those in the Puget Sound Region; and
WHEREAS, AT &T's desired route through the City of Tukwila, hereinafter
referred to as "City," requires the use of certain portions of City rights -of -way for the
installation, operation, and maintenance of a telecommunications system; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of telecommunications system is appropriate from the
standpoint of the benefits to be derived by local business and the region as a result of
such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way
must be restricted to allow for the construction of amenities necessary to serve the
future needs of the citizens of Tukwila and that the coordination, planning, and
management of the City's rights -of -way is necessary to ensure that the burden of costs
for the operations of non municipal interests are not borne by the citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant,
and regulate nonexclusive franchises for the use of public streets, right -of -ways, and
other public property for transmission of communications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non exclusive Franchise Granted.
A. The City hereby grants to AT &T, subject to the conditions prescribed in this
ordinance "Franchise Agreement the franchise rights and authority to construct,
replace, repair, monitor, maintain, use and operate the equipment and facilities
necessary for a telecommunications facility within the City -owned rights -of -way
generally described in Exhibit A, and hereinafter referred to as the "franchise area."
B. Such Franchise shall not be deemed to be exclusive to AT &T and shall in no
way prohibit or limit the City's ability to grant other franchises, permits, or rights along,
over, or under the areas to which this Franchise has been granted to AT provided,
that such other franchises do not unreasonably interfere with AT &T's exercise of
franchise rights granted herein as determined by the City. This Franchise shall in no
Page 1 of 8
way interfere with existing utilities or in any way limit, prohibit, or prevent, the City
from using the franchise area or affect the City's jurisdiction over such area in any way.
Section 2. Authority. The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement and may develop such lawful and reasonable rules, policies, and
procedures as he or she deems necessary to carry out the provisions contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in full
force and effect for a period of three years from the effective date of this ordinance. This
Franchise shall not take effect and AT &T shall have no rights under this Franchise
unless a written acceptance with the City is received pursuant to Section 4 of this
agreement. If AT &T requests a Franchise renewal prior to the expiration date, the City
may, at the City's sole discretion, extend the term of this Franchise for up to one year
beyond the expiration date to allow processing of renewal. If the City elects to extend
the term of this Franchise, written notice of the extension shall be provided to AT &T
prior to the Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise and all the terms and conditions shall be filed with the City Clerk within 30
days of the effective date of this ordinance in the form attached hereto as Exhibit B.
Failure on the part of AT &T to file said consent within 30 days of the effective date of
this ordinance shall void and nullify any and all rights granted under this Franchise
Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall
be considered mandatory and failure to abide by any conditions described herein shall
be deemed as non compliance with the terms of this Franchise Agreement and may
result in some or all of the penalties specified in Section 6.
A. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the franchise area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of
an emergency, AT &T shall within 24 hours of the emergency, obtain a permit from the
City of Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by AT &T
within the franchise area shall be inspected by a City inspector. All work and inspection
shall be coordinated with the Engineering Division of the Public Works Department to
ensure consistency with City infrastructure, future Capital Improvement Projects, all
developer improvements, and pertinent codes and ordinances.
C. Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for AT &T within the franchise area shall be
constructed and located so as to produce the least amount of interference with the free
passage of pedestrian and vehicular traffic. All construction, installation, maintenance,
and restoration activities shall be conducted such that they conform to City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
D. Underground Installation Required. All telecommunications cables and
junction boxes or other vaulted system components shall be installed underground
unless otherwise exempted from this requirement, in writing, by the Director of Public
Works.
E. Relocation.
1. Whenever the City causes a public improvement to be constructed
within the franchise area, and such public improvement requires the relocation of
AT &T's faciliies, the City shall provide AT &T with written notice requesting such
relocation, along with plans for the public improvement that are sufficiently complete
to allow for an initial evaluation, coordination and the development of a relocation
W: Word Processing Ordinances AT &T Franchise.doc
FLksn 6/18/2009
Page 2 of 8
plan. The City and AT &T shall meet at a time and location determined by the City to
discuss the project requirements including critical timelines, schedules, construction
standards, utility conflicts, as -built requirements, and other pertinent relocation plan
details.
2. To ensure timely execution of relocation requirements, AT &T shall upon
written request from the City, provide at AT &T's expense, base maps, current as -built
information, detailed relocation plan (including detailed schedule of relocation
activities, identification of critical path, identification of facilities, and relocation
procedures), and other design, technical or operational requirements within the
timeframe specified by the City.
3. AT &T may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation. Such alternatives
shall include the use and operation of temporary transmitting facilities in adjacent
rights of way. The City shall evaluate such alternatives and advise AT &T in writing if
one or more of the alternatives are suitable to accommodate the work, which would
otherwise necessitate relocation of the facilities. If requested by the City, AT &T shall
submit additional information to assist the City in making such evaluation. The City
shall give each alternative proposed by AT &T full and fair consideration. In the event
the City ultimately determines that there is no other reasonable alternative, AT &T shall
relocate its facilities as otherwise provided in Section 5E.
4. Upon final approval of the relocation plan by the City, AT &T shall at its
own expense, unless otherwise prohibited by statute, and at the timeframe specified by
the City, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the
City has determined that such removal, relocation, undergrounding, change or
alteration is reasonably necessary for the construction, repair, maintenance, installation,
public safety, or operation of any public improvement in or upon the rights -of -way.
5. If during the construction, repair, or maintenance of City's public
improvement project an unexpected conflict occurs from AT &T's facilities, AT &T shall
upon notification from the City, respond within 24 hours to resolve the conflict.
F. Removal or Abandonment. Upon the removal from service of any
service antennas or other associated structures, facilities and amenities, AT &T shall
comply with all applicable standards and requirements prescribed by the City of
Tukwila Public Works Department for the removal or abandonment of said structures
and facilities. No facility constructed or owned by AT &T may be abandoned without
the express written consent of the City.
G. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, AT &T shall upon the request of the City, furnish a bond executed by AT &T
and a corporate surety authorized to operate a surety business in the State of
Washington, in such sum as may be set and approved by the City as sufficient to ensure
performance of AT &T's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the telecommunications
system to be installed by AT &T in the City rights -of -way. At AT &T's sole option, AT &T
may provide alternate security in the form of an assignment of funds or a letter of
credit, in the same amount as the bond. All forms of security shall be in the form
reasonably acceptable to the City. The bond shall be conditioned so that AT &T shall
observe all the covenants, terms, and conditions and shall faithfully perform all of the
obligations of this Franchise Agreement, and to repair or replace any defective AT &T
work or materials discovered in the City's roads, streets, or property.
H. "One- Call" Location Liability. AT &T shall subscribe to and maintain
membership in the regional "One -Call" utility location service and shall promptly locate
all of its lines upon request. The City shall not be liable for any damages to AT &T's
system components or for interruptions in service to AT &T customers which are a
direct result of work performed for any City project for which AT &T has failed to
W:\ Word Processing \Ordinances \AT &T Franchise.doc
F1:ksn 6/18/2009
Page 3 of 8
properly locate its lines and facilities within the prescribed time limits and guidelines
established by One -Call. The City shall also not be liable for any damages to the AT &T
system components or for interruptions in service to AT &T customers resulting from
work performed under a permit issued by the City.
I. As -Built Plans Required. AT &T shall maintain accurate engineering
plans and details of all installations within the City limits and shall provide such
information in both paper form and electronic form using the most current Autocad
version prior to close -out of any permits issued by the City and any work undertaken
by AT &T pursuant to this Franchise Agreement. The City shall determine the
acceptability of any as -built submittals provided under this section.
J. Recovery of Costs. AT &T shall be subject to all permit fees associated
with activities undertaken through the authority granted in this Franchise Agreement
or under ordinances of the City. Where the City incurs costs and expenses for review or
inspection of activities undertaken through the authority granted in this Franchise
Agreement or any ordinances relating to the subject for which permit fees have not
been established, AT &T shall pay such reasonable costs and expenses directly to the
City.
K. Vacation. If, at any time, the City shall vacate any City road, right -of -way
or other City property which is subject to rights granted by this Franchise Agreement
and said vacation shall be for the purpose of acquiring the fee or other property interest
in said road, right -of -way or other City property for the use of the City, in either its
proprietary or governmental capacity, then the City may, at its option and by giving 30-
days written notice to AT &T, terminate this Franchise Agreement with reference to
such City road, right -of -way or other City property so vacated, and the City shall not be
liable for any damages or loss to AT &T by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by AT &T to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City,
that describes the violations of the franchise and requests remedial action within 30
days of receipt of such notice. If AT &T has not attained full compliance at the end of the
30 -day period following receipt of the violation notification, the City may declare an
immediate termination of all franchise rights and privileges, provided that full
compliance was reasonably possible within that 30 -day period.
B. Emergency Actions.
1. If any of AT &T's actions, or failure by AT &T to correct a situation caused
by AT &T, is deemed by the City to create a threat to life or property, financial harm, or
cause a delay of the construction, repair or maintenance of the public improvement, the
City may order AT &T to immediately correct said threat, financial harm, or delay or, at
the City's discretion, the City may undertake measures to correct said threat, financial
harm or delay itself; provided that, when possible, the City shall notify AT &T and give
AT &T an opportunity to correct within a reasonable specified time said threat, financial
harm or delay before undertaking such corrective measures. AT &T shall be liable for
all costs, expenses, and damages attributed to the correction of such an emergency
situation as undertaken by the City to the extent that such situation was caused by
AT &T and shall further be liable for all costs, expenses, and damages resulting to the
City from such situation and any reimbursement of such costs to the City shall be made
within 30 days of written notice of the completion of such action or determination of
damages by the City. The failure by AT &T to take appropriate action to correct a
situation caused by AT &T and identified by the City as a threat to public or private
safety or property, financial harm, or delay of construction, repair or maintenance of the
public improvement shall be considered a violation of franchise terms.
2. If during construction or maintenance of AT &T's facilities any damage
occurs to an underground facility, and the damage results in the release of natural gas
W: Word Processing \Ordinances \AT &T Franchise.doc
FI:ksn 6/18/2009
Page 4 of 8
or other hazardous substance or potentially endangers life, health, or property, AT &T
or its contractor shall immediately call 911 or other local emergency response number.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit
the City's available remedies in the event of AT &T's failure to comply with the
provisions of this Franchise Agreement, to include but not limited to, the City's right to
a lawsuit for specific performance and /or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated
as a result of violations of the terms of this Franchise Agreement, AT &T shall at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow AT &T to abandon its facilities in place.
Section 7. Insurance.
A. AT &T shall maintain liability insurance written on a per- occurrence basis
during the full term of this franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its
officers, and employees, shall apply as primary insurance, shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
thereunder, and shall further provide that the policy shall not be modified or canceled
during the life of the permit or Franchise Agreement without giving 30 -days written
notice to the City. Notice shall be by certified mail, return receipt requested to the City.
C. If the City determines that circumstances warrant an increase in insurance
coverage and liability limits to adequately cover the risks of the City, the City may
require additional insurance to be acquired. The City shall provide written notice
should the City exercise its right to require additional insurance.
Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve
AT &T from any obligation to obtain approvals or necessary permits from applicable
federal, state, and City authorities for all activities in the franchise area.
Section 9. Transfer of Ownership.
A. The rights, privileges, benefits, title, or interest provided by this franchise shall
not be sold, transferred, assigned, or otherwise encumbered, without the prior written
consent of the City, with such consent not being unreasonably withheld or delayed. No
such consent shall be required, however, for a transfer in trust, by other hypothecation,
or by assignment of any rights, title, or interest in AT &T's telecommunications system
in order to secure indebtedness. Approval shall not be required for mortgaging
purposes provided that the collateral pledged for any mortgage shall not include the
assets of this franchise. Approval shall not be required for any transfer from AT &T to
another person or entity controlling, controlled by, or under common control with
AT &T.
B. In any transfer of this franchise which requires the approval of the City, AT &T
shall show that the recipient of such transfer has the technical ability, financial
capability, and any other legal or general qualifications as reasonably determined by the
City to be necessary to ensure that the obligations and terms required under this
Franchise Agreement can be met to the full satisfaction of the City. The qualifications of
any transferee shall be determined by hearing before the City Council and the approval
to such transfer shall be granted by resolution of the City Council. Any administrative
costs associated with a transfer of this franchise which require the approval of the City,
shall be reimbursed to the City within 30 days of such transfer.
Section 10. Administrative Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded
from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065,
except that fees may be collected for administrative expenses related to such franchise.
W:\ Word Processing Ordinances \AT&T Franchise.doc
Fl:ksn 6/18/2009
Page 5 of 8
AT &T does hereby warrant that its operations, as authorized under this franchise, are
those of a telephone business as defined in RCW 82.04.065.
B. AT &T shall be subject to a $5,000 administrative fee for reimbursement of
costs associated with the preparation, processing, and approval of this Franchise
Agreement. These costs shall include, but not be limited to, wages, benefits, overhead
expenses, equipment, and supplies associated with such tasks as plan review, site visits,
meetings, negotiations, and other functions critical to proper management and
oversight of City's right -of -way. Administrative fees exclude normal permit fees as
stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time
administrative fee is due 30 days after franchise approval.
C. In the event AT &T submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review, or inspection, AT &T shall reimburse City for franchise amendment and
expenses associated with the project. AT &T shall pay such costs within 30 days of
receipt of bill from the City.
D. Failure by AT &T to make full payment of bills within the time specified shall
be considered sufficient grounds for the termination of all rights and privileges existing
under this ordinance utilizing the procedures specified in Section 6 of this ordinance.
Section 11. Notices. Any notice to be served upon the City or AT &T shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
with a copy to:
AT &T Enterprise Services, Inc.
Law Department
175 East Houston Street 210
San Antonio, TX 78205
Attention: General Attorney
Section 12. Indemnification.
W:\ Word Processing \Ordinances \AT &T Franchise.doc
Fl:ksn 6/18/2009
AT &T Corp.
Right -of -Way Engineering
3001 Cobb Parkway, NW Room 162
Atlanta GA 30339
A. AT &T shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation, and maintenance
of its structures and facilities. AT &T shall indemnify and hold the City harmless from
all claims, actions or damages, including reasonable attorney's and expert witness fees,
which may accrue to or be suffered by any person or persons, corporation or property
to the extent caused in part or in whole by any negligent act or omission of AT &T, its
officers, agents, servants or employees, carried on in the furtherance of the rights,
benefits, and privileges granted to AT &T by this Franchise. In the event any claim or
demand is presented to or filed with the City which gives rise to AT &T's obligation
pursuant to this section, the City shall, within a reasonable time, notify AT &T thereof
and AT &T shall have a right, at its election, to settle or compromise such claim or
demand. In the event any claim or action is commenced in which the City is named a
party, and which suit or action is based on a claim or demand which gives rise to
AT &T's obligation pursuant to this section, the City shall promptly notify AT &T
thereof, and AT &T shall, at its sole cost and expense, defend such suit or action by
attorneys of its own election. In defense of such suit or action, AT &T may, at its election
and at its sole cost and expense, settle or compromise such suit or action. This section
shall not be construed to require AT &T to:
1. protect and save the City harmless from any claims, actions, or damages;
2. settle or compromise any claim, demand, suit, or action;
3. appear in or defend any suit or action; or,
Page 6 of 8
4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or
intentional acts of the City, its employees, agents or independent contractors.
B. To the extent of any concurrent negligence between AT &T and the City,
AT &T's obligations under this paragraph shall only extend to its share of negligence or
fault. The City shall have the right at all times to participate through its own attorney in
any suit or action which arises out of any right, privilege, and authority granted by or
exercised pursuant to this Franchise when the City determines that such participation is
required to protect the interests of the City or the public. Such participation by the City
shall be at the City's sole cost and expense.
C. With respect to the performance of this Franchise and as to claims against the
City, its officers, agents and employees, AT &T expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its officers, agents and employees and agrees that the obligation to indemnify, defend
and hold harmless provided for in this paragraph extends to any claim brought by or
on behalf of AT &T's officers, agents or employees. This waiver is mutually negotiated
by the parties.
Section 13. Severability. If any section, sentence, clause or phrase of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
either party may deem the entire ordinance to be affected and thereby nullified.
However, in the event that a determination is made that a section, sentence, clause, or
phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the
portion declared invalid or unconstitutional as severable and maintain in force the
remaining provisions of this ordinance; provided that, if the City elects, without
agreement by AT &T, to enforce the remaining provisions of the ordinance, AT &T shall
have the option to terminate the Franchise Agreement.
Section 14. Reservation of Rights. The parties agree that this agreement is
intended to satisfy the requirements of all applicable laws, administrative guidelines,
rules, orders, and ordinances. Accordingly, any provision of this agreement or any local
ordinance which may conflict with or violate the law shall be invalid and
unenforceable, whether occurring before or after the execution of this agreement, it
being the intention of the parties to preserve their respective rights and remedies under
the law, and that the execution of this agreement does not constitute a waiver of any
rights or obligations by either party under the law.
Section 15. Police Powers. Nothing contained herein shall be deemed to affect the
City's authority to exercise its police powers. AT &T shall not by this Franchise
Agreement obtain any vested rights to use any portion of the City right -of -way except
for the locations approved by the City and then only subject to the terms and conditions
of this Franchise Agreement. This Franchise Agreement and the permits issued
thereunder shall be governed by applicable City ordinances in effect at the time of
application for such permits.
Section 16. Future Rules, Regulations, and Specifications. AT &T acknowledges
that the City may develop rules, regulations, and specifications, including a general
ordinance or other regulations governing telecommunications operations in the City.
Such regulations, upon written notice to AT &T, shall thereafter govern AT &T's
activities hereunder; provided, however, that in no event shall regulations:
A. materially interfere with or adversely affect AT &T's rights pursuant to
and in accordance with this Franchise Agreement; or
B. be applied in a discriminatory manner as it pertains to AT &T and other
similar user of such facilities.
Section 17. Repealer. Ordinance No. 2128 is hereby repealed.
W: Word Processing \Ordinances \AT &T Franchise.doc
FI:ksn 6/18/2009
Page 7 of 8
Section 18. Effective Date. This ordinance, or a summary thereof, shall be
published in the official newspaper of the City, and shall take effect and be in full force
and effect five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
W:\ Word Processing Ordinances \AT&T Franchise.doc
FI:ksn 6/18/2009
Jim Haggerton, Mayor
Office of the City Attorney
Attachments: Exhibit A, Fiber Optic System
Exhibit A -1, AT &T Fiber Optic Network Map
Exhibit B, Acceptance Form
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 8 of 8
EXHIBIT A
FRANCHISE AGREEMENT
AT &T CORPORATION
Fiber Optic System
AT &T's fiber optic system enters Tukwila from the south on West Valley
Highway at S 180 Street. It continues north on West Valley Highway to
Southcenter Boulevard. From this point it continues north on Interuban
Avenue S to East Marginal Way S. On East Marginal Way S, it continues
north to Boeing Access Road, then east on Boeing Access Rd to Airport
Way S and finally north on Airport Way S to Seattle.
AT &T acquired another fiber optic system from Touch America. The
system enters Tukwila on Southcenter Boulevard (S 1 54 Street) at
Tukwila International Boulevard. It then continues east along Southcenter
Boulevard for a distance of approximately 5,000 feet where it terminates
into a hand hole.
S 94 PI
S 30 St
Upland Or
Midland Dr
Legend
o moo o
e
INIMSAT&T Fiber
Exhibit A -1
.91199 el
®so
5135
\1_,
S144 St
m w
S 1146 St
Q
4
S148 St o
S 15o S
tl
S156 St
S 158 St
AT &T Fiber Optic
Network
L 11 I s 16o st
1 1
Ooo�� cam- ICJ_ i Strander a g_ �v_ 1
e rl m Q
Trec'
a 'Illy \vv__v !l1666z
m
a+1 m Cor rate N
Corporl =te Dr S
8
1
Tukwi' 3 PkY
aY
Date: June 27, 2006
Date:
City Of Tukwila
City Clerks Office
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance Adopted:
Dear Ms O'Flaherty,
In accordance with and as required by Section 4 of Ordinance passed by the
City Council and approved by the Mayor on 2009 (the "Ordinance AT &T
Corporation hereby accepts the terms, conditions and obligations to be complied with or
performed by it under the Ordinance.
Sincerely,
Signature
Printed Name Title
EXHIBIT B
Franchise Agreement Acceptance Farm
AT &T Corporation
W:\PW Eng \PROJECTS \Franchise\EXHIBIT &AT &T Acceptance Form.doc
Utilities Committee Minutes June 23. 2009 Pace 2
Additionally, Committee members requested a color copy of the map which was utilized at the
Committee meeting be distributed to full Council in the July 6 Regular Meeting Agenda Packet.
UNANIMOUS APPROVAL. FORWARD TO JULY 6 REGULAR MEETING FOR
DISCUSSION.
C. NPDES Program Consultant Selection and Agreement
Staff is seeking full Council approval of a consultant agreement with R.W. Beck in the amount of
$24,502 for assistance in adopting a new surface water storm design manual and supporting
documents in order to be in compliance with National Pollutant Discharge Elimination System
(NPDES) Phase II Stormwater requirements.
Per NPDES requirements, the City must adopt a stormwater manual which is equivalent to the 2005
Department of Ecology's Surface Water Design Manual by February 15, 2010. A six -month
extension was granted to all cities from the original due date of August 15, 2009.
R.W. Beck, chosen from the City's current Consultant Roster, will perform professional services to
assist the City in updating relative ordinances, development guidelines, and design and construction
standards to adopt the 2009 King County Surface Water Design Manual with modifications as the
City's own manual. This is anticipated to be a lengthy and detailed process.
Although this item is slightly under the Council approval threshold of $25,000, staff opted to bring
the item forward for approval since any contract changes or supplemental agreements could push the
contract over the approval threshold.
Committee members noted that this requirement is an unfunded mandate. UNANIMOUS
APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION.
D. Ordinance Amending TMC Chanter 14 Sewer Discharge of Fats. Oils and Greases
Staff is seeking full Council approval to amend and update the Tukwila Municipal Code (Chapter 14)
relative to the unlawful discharge of fats, oils and greases into the City's sanitary sewer system.
Major changes outlined in the draft ordinance include: an increased emphasis on grease, addition of
an enforcement section and interceptors, and definitions of fats, oils and greases. It is anticipated that
these changes will decrease the maintenance needed to keep City sewer pipelines clear as well as
reduce grease levels in the Central Business District.
Staff noted that an updated copy of draft ordinance reflecting all changes, via strikeout and
underlining, will be included in the July 13 COW agenda packet. UNANIMOUS APPROVAL.
FORWARD TO JULY 13 COW FOR DISCUSSION.
E. 2008 Drinking Water Ouality Report
Staff reviewed information included in the Drinking Water Annual Quality Report for 2008. The City
is required by the Department of Health to make this information available. This information will be
distributed to the community as an insert in the water bills. Additionally, this information will be
distributed to multi family complexes and businesses who may not receive individual water bills.
INFORMATION ONLY.
F. AT &T Franchise Agreement Renewal Ordinance No. 2128
Staff is seeking full Council approval of an ordinance renewing the City's franchise agreement with
AT &T Corporation.
Utilities Committee Minutes June 23. 2009 Paae 3
The current franchise agreement expires on August 30, 2009. The non exclusive renewal franchise
agreement is for three years. Staff made note of Section 5E of the new agreement, which has been
updated to include more clear and concise requirements for utilities relocation, minimizing the risk
for change orders. Additionally, this ordinance is identical to that which the Council approved for tw
telecom of washington, llc earlier this year (see Utilities Committee minutes dated February 10,
2009). UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 6:01 p.m.
Next meeting: Tuesday, July 14, 2009 5:00 p.m. Conf. Room No. 1.
Committee Chair Approval
Minutes by KAM. Reviewed by GL.
C \"I'NGORV' Discussion Motion
lltg Date 07/13/09 i\ltg Date
REVIEWED BY
Fund Source:
Comments':
ExPI'N1)ITURI RI?()UIR111)
MTG. DATE
7/13/09
MTG. DATE
7/13/09
COUNCIL AGENDA SYNOPSIS
Initials
tVleetinu Date Prepared by 1 Mayor's review Council review
07/13/09 SH 1 A'
07/20/09 SH
ITEM INFORMATION
n COW Mtg.
Utilities Cmte
n Resolution
Altg Date
CA &P Cmte
Arts Comm.
ORIGIN.U. AGENDA DATE: JULY 13, 2009
CAS NUmber 09-100
\(;I.1N1).\ ITEM TITEI1 An ordinance amending regulations regarding bid procedures to increase the
authorized expenditure amount and adding emergency procurement procedures.
Ordinance 1 1 Bicl Award 1 1 Public Hearing 1 Other
Mtg Date 07/20/09 Mtg Date
SP( )NS( )R ❑Counci !Mayor Adm SV6s DCD Finance Fire Legal PeR Police 1 PlV
SPONSOR'S
SU'IML \Rl"
The ordinance would increase the authorized expenditure amount for items that must
come to Council for approval from $25,000 to $40,000. The ordinance would also add a
provision to the TMC allowing for the declaration of an emergency and waiver of
competitive bidding requirements for qualifying events, as defined in RCW 39.04.280(3).
The Council is being asked to approve the ordinance amending and adding to the TMC.
F &S Cmte
Parks Comm.
DATE: 7/7/09
RECOMMENDATIONS:
SP()NS()R /ADMIN. Finance Department
CONIMITM1 No consensus on dollar amount; Forward to C.O.W.
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 6/29/09
Ordinance in Draft Form
RCW 39.04.280
Minutes from Finance and Safety Committee meeting of 7/7/09
ITEM No.
5 CD
Alts Date Mtg Date
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
TO:
FROM:
DATE:
SUBJECT:
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
Shawn Hunstock, Finance Director
June 29, 2009
Change to Authorized Purchase Amount
Jim Haggerton, Mayor
The dollar amount above which items must go to City Council for approval has not
changed for decades. The Finance and Safety Committee members requested at the
last meeting that Administration review that dollar amount and propose a change, if
needed.
Also, the City does not currently have a mechanism in TMC that allows for emergency
purchases. The attached Code changes address both issues.
In accordance with Tukwila Municipal Code Chapter 3.32.030, the Mayor is authorized
to call for bids or procure goods and services so long as the amount does not exceed
$25,000. Currently any purchase of $25,000 or more must go to City Council for
approval. The dollar amount referenced in TMC 3.32.030 has remained unchanged for
many years.
The attached TMC changes provide for an increase in the dollar amount above which
items must come to City Council for approval. The Legislature recently enacted ESHB
1847, which changes the bid limit amount to $40,000 for single craft public works
contracts ($65,000 for multiple crafts). The new law takes effect July 26, 2009. While
the law only addresses public works contracts, the $40,000 amount is recommended for
all purchases for consistency and to prevent confusion in the purchasing process.
The Tukwila Municipal Code does not provide a mechanism for the declaration of an
emergency and waiver of competitive bid requirements when an event occurs that
meets the definition of an emergency. Should a natural disaster or similar event occur, it
would be necessary to solicit bids from multiple vendors, and it may also be necessary
to call a special meeting of the City Council to approve the purchase. Adding a new
section to the TMC will allow for the declaration of an emergency if an event occurs that
meets the definition of an emergency contained in RCW 39.04.280(3). The Council
would then need to meet within fourteen days of the declaration to certify that the
emergency situation existed and approve the purchase. This would enable departments
INFORMATIONAL MEMO
Page 2
to respond to natural disasters and other events in a timely and efficient manner,
particularly at a time when it might be difficult to assemble Council members to act on a
purchase request in the case of a widespread event.
RECOMMENDATION
The Council is being asked to approve the attached changes to Tukwila Municipal Code
Chapter 3.32. The changes would provide for the following:
Increase the dollar amount, above which purchases must go to City Council for
approval, to $40,000 for all types of purchases (public works projects and
purchased good and services).
Add Chapter 3.32.050 to allow for the declaration of an emergency by the Mayor,
or City Administrator, if the requirements of RCW 39.04.280(3) are met.
This item is scheduled to be discussed at the July 7, 2009 Finance and Safety
Committee meeting, the July 13, 2009 Committee of the Whole meeting and
subsequent July 20, 2009 Regular Meeting.
ATTACHMENTS
Draft Ordinace
RCW 39.04.280
C:ltemp\XPg rpwise\I n foMe moPurchaseAmou nt.doc
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING REGULATIONS REGARDING BID
PROCEDURES AND ADDING EMERGENCY PROCUREMENT
PROVISIONS; REPEALING ORDINANCE NOS. 2010 AND 1817, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.32;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila seeks to establish an authorized level of
procurement which allows for effective and efficient operation of the City's business by
the Mayor and department directors; and
WHEREAS, the authorized level of purchasing by the Mayor has remained at the
same amount since 1997; and
WHEREAS, the City of Tukwila seeks to establish an emergency purchasing policy
consistent with State law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Amended. Tukwila Municipal Code Chapter 3.32, "Budget
Provisions," is hereby amended to read as follows:
3.32.010 Transfers.
Pursuant to RCW 35A.33.120, transfers within a department or division of the
separate funds of the annual budget shall be by formal motion of the City Council.
3.32.020 Salary Increase.
No salary shall be increased above the amount provided therefor in the annual
budget and specified in the adopted salary plan of the City. Salaries may be increased
subsequent to salary plan changes formally approved by the City Council.
3.32.030 Bids.
When provided for in the annual budget, the Mayor is authorized to call for bids on
public works projects or procure goods or professional services when the project or
procurement, including change orders or amendments does not exceed $25,000 $40,000.
3.32.040 Unbudgeted Equipment or Fixed Asset Items.
Any unbudgeted capital equipment or fixed asset item, including components or
services of items, shall be approved by the Mayor and three affirmative votes of the
respective Council committee assigned to the requesting department. "Fixed asset"
items are defined as costing at least $5,000 and having a useful life of at least two years.
W \Word Processing \Ordinances \Budget Provisions Title 3.32.doc
SH:ksn 07/02/2009
Page 1 of 2
3.32.050 Emergency Procurement.
The Mayor or City Administrator is hereby authorized to waive competitive
bidding requirements in the event of an emergency, as defined by RCW 39.04.280(31.
Such an emergency will be declared in writing by the Mayor or City Administrator. The
City Council will meet within two weeks following the award of the contract to
consider adoption of a resolution certifying that the emergency situation existed and for
approval of the procurement.
Section 2. Repealer. Ordinance Nos. 2010 and 1817, as codified at Tukwila
Municipal Code Chapter 3.32, "Budget Provisions," are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this clay of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing \Ordinances\Budget Provisions Title 3.32.doc
SH ksn 07/02/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
RCW 39.04.280: Competitive bidding requirements Exemptions. Page 1 of 1
RCW 39.04.280
Competitive bidding requirements Exemptions.
This section provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding
contracts for public works and contracts for purchases. The statutes governing a specific type of municipality may also
include other exemptions from competitive bidding requirements. The purpose of this section is to supplement and not to
limit the current powers of any municipality to provide exemptions from competitive bidding requirements.
(1) Competitive bidding requirements may be waived by the governing body of the municipality for:
(a) Purchases that are clearly and legitimately limited to a single source of supply;
(b) Purchases involving special facilities or market conditions;
(c) Purchases in the event of an emergency;
(d) Purchases of insurance or bonds; and
(e) Public works in the event of an emergency.
(2)(a) The waiver of competitive bidding requirements under subsection (1) of this section may be by resolution or by
the terms of written policies adopted by the municipality, at the option of the governing body of the municipality. If the
governing body elects to waive competitive bidding requirements by the terms of written policies adopted by the
municipality, immediately after the award of any contract, the contract and the factual basis for the exception must be
recorded and open to public inspection.
If a resolution is adopted by a governing body to waive competitive bidding requirements under (b) of this subsection,
the resolution must recite the factual basis for the exception. This subsection (2)(a) does not apply in the event of an
emergency.
(b) If an emergency exists, the person or persons designated by the governing body of the municipality to act in the
event of an emergency may declare an emergency situation exists, waive competitive bidding requirements, and award
all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without
competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the
governing body or its designee and duly entered of record no later than two weeks following the award of the contract.
(3) For purposes of this section "emergency" means unforeseen circumstances beyond the control of the municipality
that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in
material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
[1998 c 278 11
http: /apps.leg.wa.gov /RCW /default.aspx ?cite= 39.04.280 06/27/2009
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
July 7, 2009, 5:00 p.m.; Conference Room #3
CALL TO ORDER: Chair Linder called the meeting to order at 4:59 p.m.
I. PRESENTATIONS
No presentations.
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: Pam Linder, Chair; Joan Hernandez (sitting in for Joe Duffle) and De' Sean Quinn
Staff: Shawn Hunstock, Nick Olivas, Don Tomaso, Mary Miotke, Don Lincoln, Rhonda Berry and
Kimberly Matej
Guests: Chuck Parrish and Jeremy Eide
II. BUSINESS AGENDA
A. Ordinance Amending TMC Section 3.32 Increase in Purchasing Limits and Allow for Declarations of
Emeraencv
Based on a request made by the Finance Safety Committee (see minutes dated June 2, 2009), staff is
returning to Committee seeking full Council approval of an ordinance amending and adding to the
Tukwila Municipal Code (TMC) in the following two areas:
1) Amend TMC 3.32.030 increasing the City purchasing limit, any amount above which, will
require Council approval;
2) Add TMC 3.32.050 allowing for declaration of an emergency per the requirements of the Revised
Code of Washington (RCW) 39.04.280(3).
In regards to the amendment (number 1 above), the TMC currently requires that any City expenditure
over $25,000 be approved by the City Council. This amount has remained unchanged since 1978. Staff is
recommending that this amount be increased to $40,000 in order to streamline City financial processes.
Shawn Hunstock reviewed additional checks and balances, limits and audit guidelines that will continue
to ensure City financial processes are secure and transparent (i.e.: Mayoral approval of all purchases over
up to $25,000, or $40,000, if changed; and continued voucher review by Councilmembers). Additionally,
as of July 26, 2009, certain public works bid laws will take effect, increasing bid limits to $40,000.
Increasing the City limit for all purchases to $40,000 from the current $25,000 will assist in encouraging
consistency and preventing confusion in the purchasing process.
The second item above, is an addition to the TMC, which will allow for appropriate purchases over the
TMC required amount for Council approval when an emergency situation occurs as defined by RCW
39.04.280(3). Specifically, this will allow City departments to respond to natural disasters and other such
emergencies efficiently without the requiring prior Council approval to make respective purchases, etc.
Committee members were supportive of the addition to the TMC regarding emergency declarations (item
number 2). However, they felt additional full Council discussion was needed for increasing the limit of
purchases requiring Council approval. Therefore, this item will move forward to Council without a
Committee recommendation. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR
DISCUSSION.
B. Cascade Water Alliance Bond Sale Resolution and Continuing Disclosure Agreement
Staff is seeking full Council approval of a resolution authorizing the Mayor to sign two certificates
relating to the 2009 Cascade Water Alliance (CWA) bond.
cxyli,GoRy Disciission n Motion
1ltg Date 07/13/09 11 Lt Date
SP( )NS()R'S
SUMMARY
Fund Fund Source:
Comments
MTG. DATE
7/13/09
E RI?Ou1RI?D
MTG. DATE
7/13/09
COUNCIL AGENDA SYNOPSIS
Initials
Meetiizg Date Prepared by 1 Mayors ree'iev 1 Council reo;en'
07/13/09 SH 1
07/20/09 SH 1
ITEM INFORMATION
CAS number 09-101 I ORIGINAL AGENDA DATE: JULY 13, 2009
\(,I:ND,\ hrl Trrl,l: A resolution authorizing the Mayor to execute certificates for the Cascade Water
Alliance Official Statement for the Cascade 2009 Bonds.
Z Resolution Ordinance Bid Award 1 1 Public Hearing n Other
i\ltg Date 07/20/09 [lltg Date tl.itg Date Mtg Date .11 Its Date
SI'( )NsoR 1 1 Council 1 1 Mayor Aetna Svcs DCD Finance n Fire Legal n P &R Police n P1V
The resolution authorizes the Mayor to sign two Certificates related to the 2009 bond issue
by Cascade Water Alliance. The bond issue, among other items, funds the purchase by
CWA of Lake Tapps and provides for the settlement of water rights issues with local native
groups. Repayment of the debt issuance has already been included in the water rate model
by CWA. The Council is being asked to approve the resolution authorizing the Mayor to
sign the Certificates.
RI 11 WI :D [i n COW Mtg. 1 1 CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: 7/7/09
RECOMMENDATIONS:
Sl'()NS()R /ADMIN. Finance Department
CommITrl[? Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
1
RECORD OF COUNCIL ACTION
Planning Comm.
ATTACHMENTS
Informational Memorandum dated 6/30/09
Resolution in Draft Form
Certificate of the City of Tukwila
Closing Certificate of the City of Tukwila
Appendix A (for informational purposes only)
Cascade Water Alliance bond planning (for informational purposes only)
Minutes from Finance and Safety Committee meeting of 7/7/09
ITEM No.
APPROPRIATION REQUIRED
TO:
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
FROM: Shawn Hunstock, Finance Director
DATE: June 30, 2009
SUBJECT: Cascade Water Alliance Bond Issue Certificates and Resolution
Jim Haggerton, Mayor
The Cascade Water Alliance (CWA) will soon be issuing approximately $96 million in
bonds this summer. As a member of CWA, Tukwila must consent to continuing
disclosure requirements that are typically part of a bond offering such as this.
In the coming months CWA will be issuing bonds for several projects, as listed in the
attachment titled Cascade Water Alliance bond planning: funding needs summary. The
bulk of this money will be used for the purchase of Lake Tapps from Puget Sound
Energy, and for the settlement of water rights issues with the Muckleshoot and Puyallup
tribes.
The attached Resolution authorizes the Mayor to execute the two included Certificates.
The first Certificate, Certificate of City of Tukwila, essentially acknowledges that the City
has provided certain operating information to be used in CWA's Offering Statement,
Appendix A (Tukwila's Appendix A information is attached, for your information). This
Certificate also requires the City to abide by continuing disclosure requirements. These
include filing yearly Comprehensive Annual Financial Reports, which the City has to file
anyway for our own bonds, and disclosure of certain significant material events, such as
annexations. The second Certificate, Closing Certificate of the City of Tukwila,
essentially acknowledges the City has disclosed to the bond underwriter material
changes, if any, to the information already provided.
Repayment of the $96 million in debt to be issued has already been included in the rate
model for purchased water. As such, there will be no additional rate increase related to
the debt service for this bond issue.
The Council is being asked to approve the attached Resolution authorizing the Mayor to
sign the two Certificates related to the CWA bond issue.
INFORMATIONAL MEMO
Page 2
This item is scheduled to be discussed at the July 7, 2009 Finance and Safety
Committee meeting, the July 13, 2009 Committee of the Whole meeting and
subsequent July 20, 2009 Regular Meeting.
ATTACHMENTS
Draft Resolution
Certificate of the City of Tukwila
Closing Certificate of the City of Tukwila
Appendix A (for informational purposes only)
Cascade Water Alliance bond planning (for informational purposes only)
C:ltemp\XPg rpwiseU nfoMemoCWACertificates.doc
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, EXECUTING CERTIFICATES AND APPROVING
FINANCIAL AND OPERATING INFORMATION OF THE CITY OF
TUKWILA FOR THE CASCADE WATER ALLIANCE OFFICIAL
STATEMENT FOR THE CASCADE 2009 BONDS.
WHEREAS, Cascade Water Alliance "Cascade anticipates the issuance in
August 2009 of its Water System Revenue Bonds, 2009 (the "Cascade 2009 Bonds and
WHEREAS, under the Interlocal Contract effective April 1, 1999, as amended and
restated on December 15, 2004, that established Cascade, the City of Tukwila (the
"Member has agreed to provide "such certificates or verifications as are reasonably
requested" in connection with the issuance of bonds by Cascade, including a written
undertaking (an "Undertaking to provide continuing disclosure pursuant to
paragraph (b)(5) of Securities and Exchange Commission Rule 15c2 -12; and
WHEREAS, Member representatives have assisted Cascade in providing financial
and operating information about the Member for inclusion in the official statement for
the Cascade 2009 Bonds (the "Cascade Official Statement
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor of Tukwila, as the Member's representative to and board
member of Cascade, in connection with the issuance of the Cascade 2009 Bonds, is
authorized to execute a certificate or certificates constituting the Undertaking,
approving financial and operating information about the Member in the Cascade
Official Statement, and including such other certifications or verifications as Cascade
may reasonably request.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Council Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W \Word Processing Resolutions \Cascade 2009 Bonds Motion.DOC
SH:ksn 07/09/2009
DRAFT
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachments: Exhibit A Certificate of City of Tukwila
Exhibit B Closing Certificate of City of Tukwila
Joan Hernandez, Council President
Page 1 of 1
CERTIFICATE OF CITY OF TUKWILA
The City of Tukwila (the "City a code city and a member of the Cascade Water
Alliance "Cascade hereby certifies to Cascade and to Lehman Brothers Inc. (the
"Underwriter as set forth below. Capitalized terms used below but not defined have the
meanings assigned thereto in the Bond Purchase Agreement (the "Purchase Agreement
between the Underwriter and Cascade.
1. The City is a code city duly organized under the laws of the State of Washington
(the "State and duly authorized to own and to operate its water system (which is identified in
the Preliminary Official Statement) and to provide this Certificate (the "Certificate to Cascade
and to the Underwriter.
2. The City has full legal right, power and authority:
a. to execute and deliver this Certificate and to perform its obligations
contained herein;
b. to execute and deliver the Closing Certificate of the City (the "Member
Closing Certificate
c. to enter into the Amended and Restated Interlocal Contract, dated as of
December 15, 2004 (the "Interlocal Contract" and together with this Certificate, the "Member
Documents among Cascade and the members named therein (collectively, the "Members
and
d. to confirm the accuracy of the Member Infoimation defined below.
3. Attached to this Certificate are true and correct copies of the following
documents:
Resolution No. 1685, dated July 20, 2009, evidencing a motion authorizing
the Mayor to sign the Member Documents;
EXHIBIT A
Resolution No. 1417, dated May 3, 1999, authorizing the Mayor to sign the
original version of the Interlocal Contract; and
Regular Meeting Minutes dated December 16, 2002, evidencing a motion
authorizing the Mayor to sign the Amended and Restated Interlocal Contract.
Such resolutions and motion were adopted at meetings duly convened and held in all respects
according to law. To the extent required by law, due and proper notice of such meetings was
given; a quorum was present throughout such meetings; a legally sufficient number of votes were
cast in the proper manner for the adoption of such resolutions and motions. The resolutions and
motion are in full force and effect as of the date hereof and have not been amended, superseded
or repealed.
4. The City has duly authorized the execution and delivery by the City of each of the
Member Documents, and each of the Member Documents has been fully authorized, executed
and delivered by the City.
1
5. As of the date of the Preliminary Official Statement and as of the date of this
Certificate, the information concerning the City contained in Appendix A (except the amount of
the budgeted 2009 payments to Cascade, which are obtained from Cascade) and under the
heading "THE MEMBERS City of Tukwila" in Cascade's Preliminary Official Statement
(collectively, the "Member Information is true and correct.
6. Each of the representations and warranties of the City contained in the Member
Documents is true and correct as of the date of this Certificate as if made on the date of this
Certificate.
7. If, between the date of the Purchase Agreement and the date 25 days following
the date of the Closing
a. Any event shall occur or any pre- existing fact or condition shall become
known to the City that might or that would cause the Member Information, as then supplemented
or amended, to contain any untrue statement of a material fact, the City shall promptly notify
Cascade thereof; and
b. if, in the reasonable opinion of the Underwriter, such event, fact, or condition
requires the preparation and publication of a supplement or amendment to the Official Statement,
the City will provide to Cascade a supplement or amendment to the Official Statement in a form
and in a manner approved by the Underwriter.
8. The execution and delivery by the City of this Certificate and of the Interlocal
Contract do not conflict with, result in a breach of or constitute a default under any of the terms
or conditions of any resolution, ordinance, mortgage, deed of trust, lease or other agreement or
instrument to which the City is a party or by which it or any of its property is bound, or any laws,
judgments, decrees, rules or regulations applicable to the City of any court or other governmental
body or any other applicable requirement of law; and no consent, approval, authorization, order,
permit, registration or qualification of or with any such court or governmental agency or body
was or is required for the execution and delivery of wither of the Member Documents.
9. The City agrees to furnish such information, to execute such instruments and to
take such other action in cooperation with the Underwriter and not inconsistent with law, as may
be requested by the Underwriter to
a. qualify the Bonds for offer and sale under the blue sky or other securities laws
and regulations of such states and other jurisdictions of the United States of America as may be
designated by the Underwriter and
b. determine the eligibility of the Bonds for investment under the laws of such
states and other jurisdictions and shall cooperate with the Underwriter to continue such
qualifications in effect so longer as required for the distribution of the Bonds;
provided, however, that in each case the City shall not be required to execute a general consent
to service of process or to qualify to do business in connection with any such qualification or
determination in any jurisdiction.
2
10. The City is not in material breach of or in default under the Interlocal Contract or
in material breach of or in material default under any material agreement of the City's water
utility, and no event has occurred and is continuing that constitutes or that with the passage of
time or the giving of notice, or both, would constitute a material breach of or material default or
event of default under any such material agreement.
11. In each year in which Member Charges the City is required to pay is 10 percent or
more of the sum of the Member Charges paid by all of the Members in such year, the City will
provide to Cascade, not later than the last day of the eighth month of each fiscal year of the City
(but if either the City's or Cascade's fiscal year changes so that it ends on other than December
31, then no later than 30 days before Cascade's continuing disclosure is due),
a. audited financial statements for the City for the prior fiscal year, prepared in
accordance with generally accepted accounting principles applicable to Washington cities, and if
audited financial statements are not available at that time, the City may provide unaudited
financial statements with audited financial statements to be provided to Cascade when they
become available; and
b. updated Member Infoliiiation consisting of historical financial information
and operating data for the City of the type included under the heading "THE MEMBERS
Member and Regional Water Rates," and in Appendix A of Cascade's Official Statement.
12. The City confirms that it has not been in default on any of its debt obligations and
further confirms that during the previous five years it has not failed to comply, in all material
respects, with any previous undertakings in a written contract or agreement specified in
paragraph (b)(5)(i) of the Rule.
13. The City agrees that any certificate signed by any officer of the City and delivered
to the Underwriter shall be deemed to be a representation and warranty by the City to the
Underwriter as to the statement made therein.
14. The officer of the City signing this Certificate is duly authorized to sign this
Certificate on behalf of the City.
15. At the Closing, the City shall cause to be delivered to the Underwriter and to
Cascade the opinion of counsel to the City and the Member Closing Certificate and the other
documents and certificates required of the Member pursuant to Paragraph 7(e) of the Purchase
Agreement.
Dated this day of July, 2009.
3
CITY OF TUKWILA
By:
Title:
City of Tukwila
Washington
Resolution No. '5 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AUTHORIZING
THE MAYOR TO SIGN CASCADE WATER ALLIANCE
INTERLOCAL CONTRACT, AND ASSIGNMENT AND
ASSUMPTION OF WATER PURVEYOR CONTRACT
WITH SEATTLE.
WHEREAS, since 1993, elected officials from the City of Seattle, the Suburban
Cities Association, and the King County Water Alliance have engaged in a facilitated
negotiation to identify a new governance arrangement that would promote the
cooperative use of water and enable the development of new regional water supplies;
and
WHEREAS, an arrangement encouraging discussion among three major partners
in the region's water supply —the King County Water Alliance, Seattle Caucus, and the
Suburban Cities Caucus "Tri- Caucus —was established; and
WHEREAS, on August 30, 1995, the participants in that process executed a "Tri-
Caucus Agreement of principles regarding the relationship between Seattle and the new
Entity (Cascade Water Alliance)," which provided for cooperative planning,
development, and management of regional water supplies; and
WHEREAS, agencies are now proceeding to create, by interlocal contract, the
Cascade Water Alliance, an intergovernmental body that will further the interests of its
members while working cooperatively with other water supply entities in the region;
and
WHEREAS, the Cascade Water Alliance is an organization of municipalities
formed for the purpose of obtaining and developing supplies of water for its members;
and
WHEREAS, the City of Tukwila is a municipality that supplies water to residents
and customers within (and without) its municipal boundaries; and
WHEREAS, an offer has been extended to the City of Tukwila to join the Cascade
Water Alliance; and
WHEREAS, a water audit has been completed for the City of Tukwila; and
WHEREAS, the City Council of the City of Tukwila has voted to join the Cascade
Water Alliance in order to assure its residents and customers continued water supply,
and allow the City of Tukwila to actively participate in the operational planning and
decisions of regional water system issues;
CASCADE WATER ALLIANCE CONTRACT 4/29/99
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Application to Cascade Water Alliance.
A. The Mayor of the City of Tukwila is authorized on behalf of the City to
execute the Cascade Water Alliance Interlocal Contract, a copy of which contract has
been assigned Numberg in accordance with the terms and conditions of the
application process adopted by the Cascade Water Alliance.
B. The Mayor of the City of Tukwila is authorized on behalf of the City to
execute that certain Assignment and Assumption of the Water Purveyor Contract with
the City of Seattle, a copy of which Contract has been assigned Number O?2
PASSED BY THE CITY COUNCIL F THE CI OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 3 day of 1999.
V
Dave Fenton, Council resident
ATTEST /AUTHENTICATED:
E. Cantu, CMC, City Clerk
APPROVED AS T9,FORM:
Office of the Clty Attyrney
Filed with the City Clerk: 2 9- 9 9
Passed by the City Council: 5 S 9
Resolution Number V/ 7
CASCADE WATER ALLIANCE CONTRACT 4/29/99
City of Tukwila
City Council Regular Meeting Minutes
c. Byron Saunders
Introduced by Ms. Lauterbach, Mr. Saunders is a long -time volunteer within the City and is glad to be a
part of the Commission.
HERNANDEZ MOVED; DUFFIE SECONDED; THE APPOINTMENT OF BYRON SAUNDERS TO THE
EQUITY AND DIVERSITY COMMISSION, POSITION #9; WITH A TERM TO EXPIRE 07- 31 -05.
The motion carried 6 0.
3. LIBRARY ADVISORY BOARD Arthur McCammon
Although not present, Mr. Doerschel noted that Mr. McCammon is one of the original Library Advisory
Board members and wishes to continue.
LINDER MOVED; DUFFIE SECONDED; THE REAPPOINTMENT OF ARTHUR MCCAMMON TO THE
LIBRARY ADVISORY BOARD, POSITION #1, WITH A TERM TO EXPIRE 12- 31 -04.
The motion carried 6 0.
CITIZEN COMMENT /CORRESPONDENCE:
Jessie Richardson, 4632 South 148 Street, Tukwila, informed Council of an October 30 incident
wherein King County Animal Control took her family dog into custody, after being found outside the
fenced yard. The breed of the dog was in question (wolf hybrid or not) and the dog was ordered to
remain in the care of King County until such a determination was made. Wolf hybrid dogs are not
allowed within King County. After days of missed work, traveling from vets to others knowledgeable in
the field of dog breeds, Internet review, hiring an attorney and appealing the matter, it was ordered the
dog be returned to the Richardson home. It was found not to have been a wolf hybrid.
Ms. Richardson
incident arose.
CONSENT AGE
a.
b.
Page 2 of 6
December 16, 2002
spoke of concern for others who might not be able to afford an attorney when such an
She spoke with a desire to "see change" in this area by the Council.
NDA:
Approval of Minutes November 18 and December 2 Regular Meetings
Approval of Vouchers 240416- 240773, in the amount of $1,982,219.48
Authorize the Mayor to sign a renewal contract with 3H Cable Consultants, in the amount
of $11,551.00, for Consultant Services in 2003
d. Authorize the Mayor to sign an Interlocal Agreement with Cascade Water Alliance
UNDER MOVED; DUFFIE SECONDED; APPROVAL OF THE CONSENT AGENDA AS PRESENTED.
The motion carried 6 0.
BID AWARD:
Award a contract to R. W. Scott Construction Company in the amount of
$6,844,847.17, for construction of the Tukwila International Boulevard Street
Improvement Phase I Project (South 152 to South 138 Street)
Jim Morrow, Public Works Director, asked Council to award the construction contract for the Phase I work
of the Tukwila International Boulevard project. The current value (total project costs) is $9,167,332.00;
while the total budget dollars available (from all sources) are $8,680,800.00; leaving a deficit of
$486,532.00.
Mr. Morrow assured Council he would continue his recent efforts to negotiate options for reducing the
budget deficit mentioned above. Such negotiations may take place with Seattle City Light and /or Puget
Sound Energy (Natural Gas) and Qwest. After questioning items relative to tree planting and
CLOSING CERTIFICATE OF THE CITY OF TUKWILA
The City of Tukwila (the "City a code city and a member of the Cascade Water
Alliance "Cascade hereby certifies to Cascade and to Lehman Brothers Inc. (the
"Underwriter as follows (capitalized terms used below but not defined have the
meanings assigned thereto in the Bond Purchase Agreement (the "Purchase
Agreement between the underwriter and Cascade):
1. Each of the representations and warranties of the City contained in its
Member Certificate is true and correct as of the date of this Closing Certificate as if
made on the date of this Closing Certificate, and as of the date of this Closing
Certificate, each of the representations and warranties contained in its Member
Certificate is true and correct assuming that (i) where the phrase "the Preliminary
Official Statement and the Official Statement" and (ii) the term "Member's Documents"
includes this Closing Certificate as well as the member Certificate and the Interlocal
Contract.
2. The City confirms its agreements contained in its Member Certificate,
including in particular, the City's agreements contained in Paragraphs 7, 9 and 11 of the
Member Certificate.
3. The officer of the City signing this Closing Certificate is duly authorized
to sign this Closing Certificate on behalf of the City.
Dated this day of July, 2009.
1
CITY OF TUKWILA
By:
Title: Mayor
EXHIBIT B
Highline water district intertie
Water district 75 intertie
Water district #75 intertie
APPENDIX A:
FINANCIAL INFORMATION REGARDING THE MEMBERS
City of Tukwila
Payments to Cascade
The City of Tukwila's "Tukwila budgeted payments to Cascade for 2009 total $2,175,500, as follows:
Administration Dues $67,222
Demand Share 1,662,900
New Water Surcharge
RCFC 182,717
Conservation 41,697
Total $1,954,536
Tukwila
Tukwila is located in the western portion of King County, just south of the City of Seattle. Tukwila was incorporated as a
city in 1908 and encompasses approximately 8.6 square miles. Tukwila has an estimated population of 18,050, as of April 1,
2009, according to the State's Office of Financial Management. Tukwila is organized as a code city, governed by a mayor
council form of government, with a seven member elected council. Tukwila's city council members are elected to
overlapping four -year terms. The mayor is elected to serve in a full -time capacity, for a four year term. A city administrator
and other officers and department directors are appointed by the mayor with approval of the council members. The city
council has authority to set rates and charges for water service.
Tukwila's Water Utility
Tukwila is actively using reclaimed water for non potable uses such as irrigation from a separate system supplied by King
County Department of Natural Resources. Tukwila's water transmission and distribution system includes forty miles of
water mains, a two million gallon covered pre stressed concrete reservoir and booster pump station. Tukwila has several
emergency interties with adjoining jurisdictions, cities, and water districts.
Nearly all the water that Tukwila receives is purchased through Cascade. In 2008, Tukwila sold approximately 760 million
gallons of water to approximately 2,100 accounts. The largest account represents 5 percent of the total water consumption
and the top ten accounts represent approximately 27 percent of the total water consumption.
Outstanding Debt
Tukwila has a combined waterworks utility for purposes of financing, which includes water and sewer utilities. Only the
revenues of the water utility are pledged under the Interlocal Contract. The revenues of the sewer utility are not pledged
under the Interlocal Contract. At the end of 2008, the combined utility had $4,808,600 of outstanding water and sewer
revenue bonds, and $4,554,087 of loans from the State's Public Works Trust Fund and $0. The bond ordinance for the water
and sewer bonds currently has a debt service coverage requirement of 135 percent. Tukwila does anticipate incurring
additional debt in the next 12 months.
Debt Repayment Record
Tukwila has promptly met all principal and interest payments of its bonds when due, and has never defaulted on a payment of
principal or interest on any of its bonds. Furthermore, Tukwila has never issued refunding bonds for the purpose of avoiding
an impending default.
Continuing Disclosure
During the previous five years, Tukwila has not failed to comply, in all material respects with any previous undertakings in a
written contract or agreement specified in paragraph (b)(5)(i) of the Rule.
Historical Operating Results
The following table shows historical operating results for Tukwila. Tukwila has combined its water and sewer utilities for
purposes of financing. Only the revenues of the water utility are pledged under the Interlocal Contract. For 2008 the water
utility provided approximately 48 percent of the total operating revenues of the combined system.
Statement of Revenues, Expenses, and Changes in Fund Net Assets
Water /Sewer Utility
For the year ended December 31
2008 2007 2006 2005 2004
8,603,765 8,168,646 7,648,522 7,604,133 7,619,234
18.143 6.741 5.437 578 1.338
8,621,909 8,175,387 7,653,959 7,604,711 7,620,572
Operating Revenue
Charges for Services
Other Operating Revenue
Total Operating Revenues
Operating Expenses
Operations and Maintenance
Administrative and General
Taxes
Depreciation Amortization
Total Operating Expenses
Operating Income (Loss)
Non Operating Revenue (Expenses)
Investment Income
Interest Expense
Amortization of Debt Premium
Amortization of Debt Discount
Other non Operating Rev. /Exp.
Total Non Operating Rev. /Exp.
Income (Loss) Before Contributions and Transfers
Capital contributions
Transfers in
Transfers (out)
Change in Net Assets
Total Net Assets Beginning
5,701,671 5,488,380 5,185,919 4,882,923 4,606,999
136,436 128,549 999,398 1,048,963 1,031,643
261,188 245,908 233,290 229,550 237,769
953.552 726.347 697.289 704.709 646.937
7,052,846 6,589,184 7,115,896 6,866,145 6,523,348
1,569,062 1,586,203 538,063 738,566 1,097,224
232,657 399,125 398,891 200,104 125,680
(243,167) (360,491) (231,553) (218,544) (234,791)
10,797 10,807 8,412 8,206 8,205
(6,093) (6,919) (15,557) (16,579) (16,579)
(2,0521 (3.556) (282)
(7,858) 38,966 159,911 (26,813) (117,485)
1,561,204 1,625,169 697,974 711,753 979,739
633,415 341,126 184,786 218,519 183,122
97,260
(1,024.163) (911,789) (30.000) (43.128) (200.000)
1, 170,456 1,151 ,766 852,760 887,144 962,861
23,815,031 22,663,265 21,810,505 20,923,361 19,960,500
Total Net Assets Ending 24,985,487 23,815,031 22,663,265 21,810,505 20,923,361
S'ow ce: City of Tukwila.
Cascade Water Alliance bond planning: funding needs summary Funding needed Max. Est. Amount
1. TCP Central and North Segments 2009 and 2010 $2,000,000
2. Eastside Storage Reservoir 2009 $15,000,000
3. Lake Tapps Acquisition September 2009 $43,000,000
4. Tribal settlement costs Sept. Dec. 2009 $19,800,000
5. State Route 900 Road Widening Reach July 2009 $7,132,000
6. Lake Tapps Knowledge Transfer May 2009 December 2010 $1,080,000
Subtotal $88,012,000
7. Reserve funding requirement $7,000,000
8. Transaction cost: Bond counsel $80,000
9. Transaction cost: Financial advisor $70,000
10. Transaction cost: Rating agencies $70,000
11. Transaction cost: Underwriter ($8/$1000) $705,000
12. Transaction cost: Underwriter's counsel
Total financing $96,000,000
May 8, 2009
Cascade Water Alliance bond planning: funding needs
1.
(E0)
2.
(MG)
May 8, 2009
Estimated need
TCP (Central North Segments). The Tacoma Cascade
Pipeline efforts are generally on hold pending the outcome
of the 2009 planning study to update the Transmission and
Supply Plan; 2010 Update. Ongoing work will take place by
HDR for property acquisition and closeout of activities to
enable the restart of the engineering work upon the
completion of the 2009 planning efforts.
Eastside Storage Reservoir. Estimated purchase price. Final
cost to be determined based on conditions assessment and
appraisal. RW Beck's draft report is under review. Reservoir
serves Bellevue and Issaquah only.
$1,000,000 to
$2,000,000,
depending on
plans for Central
Segment and
whether 2008
Stewart property
purchase is
reimbursed from
bond proceeds
$15,000,000
($11m SPU book
value plus $4m
land may be
less)
Estimated
date funds
needed
2009 -2010
2009
Timing, event triggers, requisites,
other considerations
HDR contract #3, Central Segment: $67,235
spent to date in 2009; remainder to be
determined
HDR contract #5, North Segment: $180,759
spent to date in 2009, $167,108 remaining
in contract
Easements ($81,727 total: BPA $73,030;
Goodnight $1,070; Davis $5,645; PSE
$1,582; Issaquah $400)
Construction fund replenishment for
Stewart purchase ($1,015,872)
Noonan property (approx. $235,000;
closing in June 2009)
Timing is not critical for Cascade. Board has
not yet discussed timing. Seattle's rate
model assumes sale in 2009, so may get
pressure from them to do it this year.
December 2009 is possible.
Annual operating costs est. '$50,000. Who
will operate?
Cascade Water Alliance bond planning: funding needs
May 8, 2009
Lake Tapas acauisition.
Puyallup Indian Tribes and Muckleshoot Indian Tribes
settlement costs.
4. Muckleshoot: $600k due within ten days of closing on asset
purchase agreement; $6.2m due within 60 calendar days
(MG) after final appeal.
Puyallup: $13m due within 45 calendar days of final water
right issuance (after appeals).
State Route 900 Road Widening Reach. The Tacoma Cascade
Pipeline State Route 900 Road Widening contract with the
Washington State Department of Transportation is
5. approximately $6.5 million, of which $1,390,114.56 has been
(EO) spent in 2008 and 2009 (to be reimbursed from bond
proceeds). The balance will be expended in 2009. Other
expenses (contingency, project management, inspections,
etc.) are estimated to total $682,000.
$25m due at closing, which is 45 business days from
satisfaction of contingencies /conditions for closing.
3. $5m due when water right is issued with settlement flows
(earlier of issuance or closing)
(MG)
$7m $7.5m PSE operations from 2004 to mid -2009. Adjustments
to purchase
$4m reimbursement to PSE for construction costs. price; to be
confirmed
$1.5m PSE MOU purchase price adjustment.
Estimated Timing, event triggers, requisites,
Estimated need date funds
needed
$43,000,000
September
$600,000 2009
December
$19,200,000 2009 or
later
$7,132,000
other considerations
Sixteen boundary line adjustments are in
process.
September Approval from UTC pending.
2009
Parties (Pierce Co., homeowners, 4 cities)
may appeal water right. Appeal period is 30
days from issuance.
Payment due per settlement agreements
following issuance of water rights.
Contract has been signed and construction
is underway.
July 2009
Payment will be in installments from March
2009 to July 2009.
Cascade Water Alliance bond planning: funding needs
6.
(MG)
May 8, 2009
Lake Taaas knowledge transfer. Estimated cost of AECOM
contract for Lake Tapps operations and assessment.
Phase 1: $65,000 to scope the full project. Completed.
Phase 2 -A: $715,000 evaluation of options and make
recommendations, ends April 2010
Phase 2 -B: $300,000 implementations of recommended
improvements, May 2010 December 2010
Total projects
7. Reserve funding requirement
8. Transaction cost: Bond counsel
Transaction cost: Financial advisor
10. Transaction cost: Rating agencies
11. Transaction cost: Underwriter ($8/$1000)
12. Transaction cost: Underwriter's counsel
14. Total financing
Estimated need
$88,012,000
$7,000,000
$80,000
$70,000
$70,000
$705,000
$96,000,000
Estimated
date funds
needed
May 2009
through
$1,080,000 December
2010
Timing, event triggers, requisites,
other considerations
Need to confirm that this is capitalizable
and therefore eligible for bond funding.
Other notes:
The "Short Term Supplemental Supply Projects" for $1,300,000 that appeared on prior version of this list has been removed. It is no
longer a likely project.
Another potential capital funding need: Lake Tapps powerhouse valve replacement, to occur within two or three years of closing
(2010 probably), per the Compliance Schedule. Estimated cost is $2,000,000 ($1.5m equipment plus $500k installation).
Lake Tapps Dike 3 repair may be done in conjunction with county road repair work, if the county funds it. If not, Cascade must
submit a repair schedule to the Department of Ecology within three years.
Bond proceeds may reimburse prior expenses paid from operating funds that were spent for the above projects, for the period back
to three years prior to closing. These potential reimbursements to the Operating Fund may serve as contingency funding to cover
needs that arise between the two bond phases. Ed Cebron will research reimbursement categories.
May 8, 2009
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
July 7, 2009, 5 :00 p.m.; Conference Room #3
PRESENT
Councilmembers: Pam Linder, Chair; Joan Hernandez (sitting in for Joe Duffle) and De' Sean Quinn
Staff: Shawn Hunstock, Nick Olivas, Don Tomaso, Mary Miotke, Don Lincoln, Rhonda Berry and
Kimberly Matej
Guests: Chuck Parrish and Jeremy Eide
CALL TO ORDER: Chair Linder called the meeting to order at 4:59 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance Amending TMC Section 3.32 Increase in Purchasing Limits and Allow for Declarations of
Emergencv
Based on a request made by the Finance Safety Committee (see minutes dated June 2, 2009), staff is
returning to Committee seeking full Council approval of an ordinance amending and adding to the
Tukwila Municipal Code (TMC) in the following two areas:
1) Amend TMC 3.32.030 increasing the City purchasing limit, any amount above which, will
require Council approval;
2) Add TMC 3.32.050 allowing for declaration of an emergency per the requirements of the Revised
Code of Washington (RCW) 39.04.280(3).
In regards to the amendment (number 1 above), the TMC currently requires that any City expenditure
over $25,000 be approved by the City Council. This amount has remained unchanged since 1978. Staff is
recommending that this amount be increased to $40,000 in order to streamline City financial processes.
Shawn Hunstock reviewed additional checks and balances, limits and audit guidelines that will continue
to ensure City financial processes are secure and transparent (i.e.: Mayoral approval of all purchases over
up to $25,000, or $40,000, if changed; and continued voucher review by Councilmembers). Additionally,
as of July 26, 2009, certain public works bid laws will take effect, increasing bid limits to $40,000.
Increasing the City limit for all purchases to $40,000 from the current $25,000 will assist in encouraging
consistency and preventing confusion in the purchasing process.
The second item above, is an addition to the TMC, which will allow for appropriate purchases over the
TMC required amount for Council approval when an emergency situation occurs as defined by RCW
39.04.280(3). Specifically, this will allow City departments to respond to natural disasters and other such
emergencies efficiently without the requiring prior Council approval to make respective purchases, etc.
Committee members were supportive of the addition to the TMC regarding emergency declarations (item
number 2). However, they felt additional full Council discussion was needed for increasing the limit of
purchases requiring Council approval. Therefore, this item will move forward to Council without a
Committee recommendation. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR
DISCUSSION.
City of Tukwila
Finance and Safety Committee
B. Cascade Water Alliance Bond Sale Resolution and Continuing Disclosure Agreement
Staff is seeking full Council approval of a resolution authorizing the Mayor to sign two certificates
relating to the 2009 Cascade Water Alliance (CWA) bond.
Finance Safety Committee Minutes July 7, 2009 Paae 2
Cascade Water Alliance will be issuing approximately $96 million dollars in bonds for the purchase of
Lake Tapps and for the settlement of water rights issues. As a member of Cascade Water, the City of
Tukwila must give approval to continue providing disclosure of certain information which is required by
the bond purchase agreement as well as provide financial and operating information for CWA's official
statement.
Rates already include repayment of this debt, meaning this item will not result in an additional increase in
water rates. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION.
C. Proceeds Distribution Hold Harmless Agreement for Sale of Jail Administrative Group (JAG) Property
Staff is seeking full Council authorization for the Mayor to sign a Proceeds Distribution and Hold
Harmless Agreement with the City of Bellevue for the recent sale of the Jail Administrative Group owned
property located in Bellevue.
Originally purchased jointly by JAG cities, this property is no longer needed for its intended purpose and
was sold earlier this year. In order to receive the funding disbursement from this sale, all JAG cities must
sign this Proceeds Distribution and Hold Harmless Agreement. This Agreement establishes the
appropriate use of proceeds and consequences for misuse. It is estimated that the City of Tukwila will
received approximately $287,000, all of which will be utilized for expenses relative to the SCORE jail
(this funding must be used for jail purposes). UNANIMOUS APPROVAL. FORWARD TO JULY 13
COW FOR DISCUSSION.
D. Fire Department
Staff is seeking full Council approval to purchase mass casualty supplies (including: tools, trailers,
equipment and medical supplies) from various vendors in the amount of $222,053.35.
The funding for this purchase will come from the Fire Equipment Cumulative Reserve (Fund 107).
Several years ago Sound Transit provided mitigation of approximately $1.5 million to the City for Fire
Department purchases relative to the light rail project. The Fire Department has utilized portions of the
mitigation to purchase such items as an aerial truck, fire hose and equipment all of which will assist with
emergency responses involving link light rail. Approximately $328,000 remains from the original
mitigation payment.
Committee members requested several clarifications be made to the information memo which will go to
full Council:
Clarify the funding mechanism as South Transit mitigation funds
Provide a grand total of the funds being requested reflecting the complete expenditure
Give a brief history which shows the amount of funding the City received from Sound
Transit, and what items have been purchased and respective costs.
Staff further explained the rotation schedule for mass casualty supplies and equipment specifications and
that state approved bidders' list. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR
DISCUSSION.
E. Sales Tax Report: April 2009
Shawn Hunstock reviewed the April Sales Tax Report, noting that numbers showed a minimal
improvement. Sales tax receipts continue to be below budget for the year. If receipts continue to remain at
this level, the City may need to consider other options for addressing such financial issues.
INFORMATION ONLY.
III. MISCELLANEOUS
Acting Committee Member Hernandez mentioned blogs that are utilized by the Seattle Police and Fire
Departments and circulated front page samples of each. She commented that she would like to see the
CAS NUMber 09-102
I S P O NS OR
SPONSOR'S
SUMMARY
EU'I?NDI'l'URl? RI ;OUIRI?D
Fund Source:
Comments:
MTG. DATE
7/13/09
MTG. DATE
7/13/09
COUNCIL AGENDA SYNOPSIS
Meeting Date
07/13/09
07/20/09
Mtg Date 07/13/09 AItg Date 07/20/09 illtg Date
Initials
Prepared by 1 Mayor's review 1 Council review
SH I A. 4'
SH
ITEM INFORMATION
ORIGINAL AGENDA D, \'I'E: JULY 13, 2009
Ac;I:NI).\ Authorization for the Mayor to sign a hold harmless agreement with Bellevue
regarding distribution of proceeds from sale of the Jail Alternative Group (JAG)
property.
C,\ t'I:X OR\ Dl scrawl on Motion Resolution Ordinance 1 Bid Award n Public Hearing Other
Mtg Date
AMOUNT BUDGETED
Council Myer Actin Svcs n DCD Finance I ".Fire 1 1 Legal P&R Police PW
Mtg Date
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 6/30/09
Proceeds Distribution and Hold Harmless Agreement
JAG Property Proceeds Distribution (for informational purposes only)
Minutes from the Finance and Safety Committee meeting of 7/7/09
n Planning Comm.
ITEM No.
Altg Date ALtg Date
This agenda item authorizes the Mayor to sign a hold harmless agreement with the City of
Bellevue concerning distribution of proceeds from the sale of the JAG property in Bellevue.
The agreement acknowledges the City's intent to use the proceeds to fund design and
other costs for the SCORE jail facility.
The Council is being asked to authorize the Mayor to sign the hold harmless agreement.
RI C\' E l wl :D BY I COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte LI Arts Comm. I I Parks Comm.
DATE: 7/7/09
RECOMMENDATIONS:
Si NS()R /ADMIN. Finance Department
CommITTEF, Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
APPROPRIATION REQUIRED
TO:
FROM:
DATE:
SUBJECT:
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
Shawn Hunstock, Finance Director
June 30, 2009
JAG Proceeds Distribution and Hold Harmless Agreement
The Proceeds Distribution and Hold Harmless Agreement establishes the following:
Jim Haggerton, Mayor
The City of Bellevue is requesting each JAG City execute a Proceeds Distribution and
Hold Harmless Agreement prior to distribution of the proceeds from the recently
completed sale of the Bellevue JAG property.
In 2002, King County entered into a Land Transfer Agreement with the City of Bellevue
conveying property to Bellevue on behalf of all cities in King County to facilitate the
building of, or contracting for, additional misdemeanant jail capacity so that JAG Cities
could reduce their King County jail housed misdemeanant population to zero by
December 31, 2012. The Jail Services Agreement between certain individual JAG
Cities and King County (JSA) and the Interlocal Agreement for Jail Administration
(Interlocal Agreement) contain provisions related to the expenditure of jail proceeds
from the sale of this property and Bellevue's role in returning proceeds to King County
should these provisions be violated.
Based on the anticipated sale of the jointly owned property, on March 26, 2008, the Jail
Oversight Assembly authorized the distribution of the sales proceeds based on a
formula of an average of each King County city's AV (assessed value) and ADP (inmate
average daily population). The sale of the property closed on March 16, 2009 with a
purchase price of $13 million.
1) The intent of the agreement is to insure that Bellevue stands in no worse (or better)
position than any other JAG City because of Bellevue's unique contractual obligation
to King County to return proceeds if there is a violation of Paragraph 12 of the Jail
Services Agreement,
2) Terms and conditions for a JAG City to receive proceeds from the sale of the JAG
jail property,
INFORMATIONAL MEMO
Page 2
3) Uses to which the proceeds must be spent, and
4) Consequences to JAG Cities should one or more of these Cities either misspend the
proceeds or fail to meet the population reduction goal contained in the JSA and /or
the Interlocal Agreement.
All member cities of SCORE, including Tukwila, expect to allocate the proceeds from
the sale of the JAG property to start -up expenses for the SCORE jail, including design,
site work, permitting and other similar expenses. It is expected that such expenses meet
the requirements of Paragraph 12 of the Jail Services Agreement with King County.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the Proceeds Distribution and
Hold Harmless Agreement between the City of Tukwila and the City of Bellevue.
This item is scheduled to be discussed at the July 7, 2009 Finance and Safety
Committee meeting, the July 13, 2009 Committee of the Whole meeting and
subsequent July 20, 2009 Regular Meeting.
ATTACHMENTS
Proceeds Distribution and Hold Harmless Agreement
JAG Property Proceeds Distribution spreadsheet
C:\temp\XPg rpwise\I n foMemoJAGP roceeds. doc
PROCEEDS DISTRIBUTION AND HOLD HARMLESS AGREEMENT
This Proceeds Distribution and Hold Harmless Agreement (Agreement) is entered into
between the City of Tukwila (JAG City) and the City of Bellevue and is effective upon
the date of the last signature below.
RECITALS
A. Whereas, King County entered into a Jail Services Agreement (JSA) with many of the
cities located in King County (Contract Cities) to house and provide jail services for
Contract Cities' misdemeanants;
B. Whereas, the JSA provides for the transfer of real property located in Bellevue with
tax parcel numbers 2825059291, 2825059292, and 2825059015 (Jail Property) to the
City of Bellevue on behalf of the JAG Cities to facilitate the Contract Cities reducing
their jail population housed by King County as provided in Section 11 of said JSA;
C. Whereas, Section 12 of the JSA provides that the Jail Property (or the proceeds from
its sale [Proceeds]) will be used to contribute to the cost of building secure capacity,
or contracting for secure capacity, and at the sole discretion of the Contract Cities,
building or contracting for alternative corrections facilities, sufficient to enable the
Contract Cities to meet the final step of the population reduction schedule in the JSA;
D. Whereas, Section 12 of the JSA further provides that in the event the Contract Cities
do not meet the objectives set forth in said section, King County would be entitled to
return of Proceeds;
E. Whereas, on October 31, 2002, the City of Bellevue and King County entered into a
Land Transfer Agreement [City of Bellevue Clerk's Receiving 33014] conveying
the Jail Property to the City of Bellevue on behalf of all cities in King County (JAG
Cities) for the purposes described in Section 12 of the JSA;
F. Whereas, JAG Cities, except Kent and Enumclaw, entered into an Interlocal
Agreement for Jail Administration (Interlocal Agreement) in part to create rules for
administering the obligations related to Sections 11 and 12 of the JSA;
G. Whereas, the obligations of Section 12 of the JSA are incorporated into Section 7.1 of
the Interlocal Agreement including its application to all King County Cities;
H. Whereas, on March 16, 2009, the City of Bellevue (Bellevue) sold the Jail Property to
Seattle Children's Hospital for $13 million;
I. Whereas, on March 26, 2008, the Assembly created by the Interlocal Agreement
approved the distribution of Jail Proceeds;
1 June 10, 2009
J. Whereas, some Cities have acted to designate their portion of the Proceeds towards
fulfilling their obligations under the JSA through undertakings such as the SCORE
facility;
K. Whereas, it is the intent of this Agreement that Bellevue stand in no worse (or better)
position than any other JAG City with respect to liability or costs associated with the
distribution of and /or possible return of Proceeds to King County because of its
unique obligations to King County in Section 12 of the JSA as incorporated into the
Interlocal Agreement (unique Section 12 obligations);
L. Now therefore, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, and as a precondition for receipt of said Proceeds, the JAG City and
Bellevue agree:
AGREEMENT
1. Per the Jail Oversight Assembly approved formula noted in the city -by -city proceeds
distribution (Attachment A), Bellevue shall pay JAG City, $287,711.75 (representing
$289,916.34 its proportionate share of the Proceeds, including interest, minus
$2,204.58 its proportionate share of the expenses Bellevue may recoup as provided in
Section 7.2 of the Interlocal Agreement) within 30 days of the execution of this
Agreement.
2. Upon receipt of said Proceeds, JAG City acknowledges and agrees that Bellevue has
lawfully discharged all obligations and duties of Bellevue to that JAG City under the
first paragraph of Section 7.2 of the Interlocal Agreement, and that Bellevue is
discharged from all of its obligations and duties to that JAG City under the second
paragraph of Section 7.2 of the Interlocal Agreement.
3. JAG City will abide by all requirements regarding the use of and goals related to the
proceeds as provided in Section 7.1 of the Interlocal Agreement (whether a party to a
JSA or not). JAG City will only leave or place a City Inmate in King County Jail
after December 31, 2012 (post 2012 inmate housing) if King County confirms in
writing that this post 2012 inmate housing does not violate the population reduction
schedule referenced in Section 12 of the JSA and incorporated into Section 7.1 of the
Interlocal Agreement.
4. Should there be a determination that a JAG City failed to abide by the requirements
of Section 7.1 (at -fault JAG City) triggering an obligation for Bellevue to return all or
part of the at -fault JAG City's Proceeds and any required interest to King County,
said Proceeds shall be paid to Bellevue within 10 working days of written notice
unless the at -fault JAG City makes other acceptable arrangements with Bellevue
and /or King County or the at -fault JAG City obtains injunctive or other legal relief
2 June 10, 2009
against King County that absolves Bellevue of any legal obligation to return said
Proceeds and interest prior to the expiration of the 10 working day period.
5. Bellevue and JAG Cities maintain that King County may only require return of
Proceeds from an at -fault JAG City. However, if there is a determination that there is
an obligation to return to King County Proceeds in an amount in excess of the amount
distributed to an at -fault JAG City(s) then each non at -fault JAG City shall pay up to
the full amount of its Proceeds and any required interest to Bellevue within 10
working days of written notice unless the non at -fault JAG City makes other
acceptable arrangements with Bellevue and /or King County or the non at -fault JAG
City obtains injunctive or other legal relief against King County that confirms
Bellevue has no legal obligation to return said Proceeds and interest prior to the
expiration of the 10 working day period. If the obligation to return Proceeds is in
excess of the at -fault JAG City's distribution, but less than each JAG City's full
Proceeds, the amount due King County from the non at -fault JAG Cities shall be a
prorated amount based on the percent of Proceeds received to the total Proceeds
minus the amount representing the at -fault JAG City's share. The same prorated
formula shall apply to required interest due from non at -fault JAG Cities.
6. Should Bellevue be sued for return of proceeds solely because of its unique Section
12 obligations, the alleged at -fault JAG City(s) shall immediately undertake the
defense of Bellevue and pay all expenses and costs (including attorney's fees)
associated with said defense whether or not said JAG City maintains it is or is
ultimately determined to be not at- fault. Should King County be entitled to its
attorney's fees in the suit, the at -fault JAG City shall hold Bellevue harmless and
indemnify Bellevue from any liability or costs associated with the obligation to pay
King County's attorney's fees.
7. Should Bellevue be the only party sued based on the alleged fault of other JAG Cities,
those alleged at -fault JAG Cities agree to stipulate to being named as defendants with
the concurrence of Plaintiff and /or not oppose Bellevue's motion to be included in the
suit as an indispensible party. The obligations of Paragraph 6 shall apply whether or
not the alleged at -fault JAG City is named in the litigation.
8. If King County sues Bellevue for return of proceeds because of Bellevue's alleged
violation of Section 12 of the JSA regarding use of proceeds or the reduction in jail
population along with other JAG Cities for their violations, each party will undertake
its own defense at its own cost.
9. At -fault JAG Cities shall be responsible for costs of whatever form or nature
associated with Bellevue's unique Section 12 obligations, including but not limited to
staff costs in coordinating and collecting proceeds or attorneys fees, and including
administrative costs Bellevue incurs even where timely payment of Proceeds is made.
Said costs shall be prorated among at -fault JAG Cities as appropriate.
3 June 10, 2009
10. In the event Bellevue incurs liability or costs associated with its unique Section 12
obligations and said liability or costs are not addressed in any other provision of this
Agreement, each JAG City shall indemnify, hold harmless and defend Bellevue and
its elected officials, employees agents and representatives from and against any and
all claims, demands, causes of action, liabilities, judgments, settlements, damages or
costs, including reasonable attorney's fees of whatever form related to Bellevue's
unique Section 12 obligations in proportion to its share of the proceeds.
11. Each JAG City shall keep its Proceeds in a segregated fund and keep records
sufficient to demonstrate that all expenditures of the Proceeds comply with Section
7.1 of the Interlocal Agreement. Said records shall be kept for at least 6 years from
the date of the expenditure of the last Proceeds of the JAG City.
12. The JAG City representative who will be responsible for management and
expenditure of the fund and for receiving notices related to the obligations under 7.1
of the Interlocal Agreement is (include name, title, address phone
a. City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
JAG City shall notify Bellevue of any change in this designated representative or
contact information.
13. The City of Bellevue as a recipient of $971,638.82 (representing $979,083.99 its
proportionate share of the Proceeds, including interest, minus $7,445.16 its
proportionate share of the expenses) is also a JAG City and in that capacity shall be
bound by the same terms under this Agreement as any other JAG City.
14. This Agreement shall be authorized by each JAG City's legislative body or other
authorizing authority if not within authority of legislative body.
15. General Provisions:
A. Governing Law; Forum. The Agreement will be governed by the laws of
Washington and its choice of law rules. The JAG City consents to the exclusive
personal jurisdiction and venue of the federal and state courts located in King
County, Washington, with respect to any dispute arising out of or in connection
with the Agreement, and agrees not to commence or prosecute any action or
proceeding arising out of or in connection with the Agreement other than in the
aforementioned courts.
B. Severability. If any provision of the Agreement is held to be invalid or
unenforceable for any reason, the remaining provision will continue in full force
without being impaired or invalidated in any way. The parties agree to replace
any invalid provision with a valid provision that most closely approximates the
intent and economic effect of the invalid provision.
4 June 10, 2009
By:
Title:
By:
Title:
C. Nonwaiver. Any failure by a party to enforce strict perfoimance of any
provision of the Agreement will not constitute a waiver of that party's right to
subsequently enforce such provision or any other provision of the Agreement.
D. No Assignment. Neither the Agreement nor any of the rights or obligations of
the JAG City arising under the Agreement may be assigned without Bellevue's
prior written consent. Subject to the foregoing, the Agreement will be binding
upon, enforceable by, and inure to the benefit of, the parties and their successors
and assigns.
E. Notices. All notices and other communications under the Agreement must be in
writing, and must be given by registered or certified mail, postage prepaid, or
delivered by hand to the party to whom the communication is to be given, at its
address set forth in this agreement.
F. Legal Fees. In any lawsuit between the parties with respect to the matters
covered by the Agreement, the prevailing party will be entitled to receive its
reasonable attorney's fees and costs incurred in the lawsuit, in addition to any
other relief it may be awarded.
G Counterparts. The Agreement may be signed in counterparts, each of which
shall be deemed an original, and all of which, taken together, shall be deemed
one and the same document.
In witness whereof, the parties have executed this Agreement and it shall be effective as
of the last date written below.
CITY OF TUKWILA
CITY OF BELLEUVE
Date:
Date:
5 June 10, 2009
JAG Property Proceeds Distribution, Methodology Approved by the Jail Oversight Assembly
on March 26, 2008
Cities
Algona
Auburn
Beaux Arts
Bellevue
Black Diamond
Bothell
Burien
Carnation
Clyde Hill
Covington
Des Moines
Duvall
Enumclaw
Federal Way
Hunts Point
Issaquah
Ken more
Kent
Kirkland
Lake Forest Park
Maple Valley
Medina
Mercer Island
Milton
Newcastle
Normandy Park
North Bend
Pacific
Redmond
Renton
Sammamish
SeaTac
Seattle
Shoreline
Skykomish
Snoqualmie
Tukwila
Woodinville
Yarrow Point
Sale Price
$12,986,694.50
Avg. of AV
ADP (1)
523,168.33
5801,366.31
52,520.18
6970,635.68
$13,282.47
5126,754.71
5152631.47
$6,301.24
542,491.88
$66, 049.99
$1 77,128.08
527, 973.08
590,688 23
5591,788.18
518, 431.60
6219,690.57
5124,016.44
61,166,452.48
5425,046.74
$80,748.97
555, 716.09
576, 614.51
5215,059.90
$1,943.87
553, 960.39
$34,419.82
$26,466.09
514,058.03
5454,343.94
51,002,868.14
5208,156.50
5163,329.98
$4,707.346.10
5385,405.07
51,61792
$67,185.14
5287,414.71
$86,231.67
$17,390,02
512,986,694.50
Adminlother costs
$99,613.08
Proportionate Share
of Costs (2)
$177.71
$6,146.80
519.33
$7,445.16
5101.88
$972,26
51,170.74
548.33
6325.93
$506.63
51.358.64
5214.56
5695,61
54,539.25
5141.38
61,685.11
5951.26
$8,947,15
$3,260.28
5619,38
S427.36
5587.66
$1,649.59
$14.91
5413.90
5264.01
S203.01
6107.83
63.485.00
57,692.40
51, 596.64
51,252.81
536,107.21
62,956.21
512.41
5515.34
52, 204.58
5661.43
6133.39
$99,613.08
Interest/Revenue
$113,034.78
Proportionate Share
of Revenues (3)
5201.65
56,975.01
521.94
58,448.31
5115.61
51,103.26
51.328.49
654.85
5369.84
6574.89
51,541.70
6243.47
$789.34
$5,150.86
5160.43
51,912.16
51,079.43
510,152.68
$3,699.56
5702.83
5484.95
5666.84
51
516.92
5469.67
5299.59
5230.36
$122.36
$3.954.56
$8,728.86
51,811.77
51,421.61
540,972.23
53,354.52
$14,08
6584,77
52.501.63
6750.55
5151.36
5113,034.78
Cities' Distribution
$13,000,116.20
Final City -by -City
Proceeds
Distribution
$23,192.28
5802.194.52
52.522.78
$971.638.82
$13.296.20
126.885.71
5152.7 89.21
56,307.75
$42.535.80
$66,118.25
5177,311.14
528.001,99
590.781.96
5592.399.79
518.450.65
5219,917.62
5124.144.61
61,167,658.01
$425,486.02
$80,832.42
$55,773.68
$76,693.70
5215,282,16
51,945.88
554,016.16
534,455.39
$26,493.44
$14,072.56
$454.813.50
51,003,904.60
5203,371.63
5163,498.78
54,712,211.12
5385,803.38
$1,619.59
567,254.57
$287,711.75
$86,320,79
517,407.99
$13,000,116.20
NOTES:
(1) The proceeds formula is an average of
each city's AV and ADP. Assessed Value
(AV) was derived from the King County
Assessors Office estimates for 2007.
Average Daily Population (ADP) was based
on 2005 -2007 data provided by each city.
The methodology was approved at the March
26, 2008 Jail Oversight Assembly Meeting.
(2) The costs were incurred by the City of
Bellevue on behalf of the rest of the cities anc
are recoupable as provided in Paragraph 7.2
of the Interlocal Agreement.
(3) This column includes all interest
generated to -date in the account holding the
sale property proceeds.
CRAFT:
6/' 0/09
Finance Safety Committee Minutes July 7. 2009 Paae 2
Cascade Water Alliance will be issuing approximately $96 million dollars in bonds for the purchase of
Lake Tapps and for the settlement of water rights issues. As a member of Cascade Water, the City of
Tukwila must give approval to continue providing disclosure of certain information which is required by
the bond purchase agreement as well as provide financial and operating information for CWA's official
statement.
Rates already include repayment of this debt, meaning this item will not result in an additional increase in
water rates. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR DISCUSSION.
C. Proceeds Distribution Hold Harmless Agreement for Sale of Jail Administrative Group (JAG) Property
Staff is seeking full Council authorization for the Mayor to sign a Proceeds Distribution and Hold
Harmless Agreement with the City of Bellevue for the recent sale of the Jail Administrative Group owned
property located in Bellevue.
Originally purchased jointly by JAG cities, this property is no longer needed for its intended purpose and
was sold earlier this year. In order to receive the funding disbursement from this sale, all JAG cities must
sign this Proceeds Distribution and Hold Harmless Agreement. This Agreement establishes the
appropriate use of proceeds and consequences for misuse. It is estimated that the City of Tukwila will
received approximately $287,000, all of which will be utilized for expenses relative to the SCORE jail
(this funding must be used for jail purposes). UNANIMOUS APPROVAL. FORWARD TO JULY 13
COW FOR DISCUSSION.
D. Fire Department
Staff is seeking full Council approval to purchase mass casualty supplies (including: tools, trailers,
equipment and medical supplies) from various vendors in the amount of $222,053.35.
The funding for this purchase will come from the Fire Equipment Cumulative Reserve (Fund 107).
Several years ago Sound Transit provided mitigation of approximately $1.5 million to the City for Fire
Department purchases relative to the light rail project. The Fire Department has utilized portions of the
mitigation to purchase such items as an aerial truck, fire hose and equipment all of which will assist with
emergency responses involving link light rail. Approximately $328,000 remains from the original
mitigation payment.
Committee members requested several clarifications be made to the information memo which will go to
full Council:
Clarify the funding mechanism as South Transit mitigation funds
Provide a grand total of the funds being requested reflecting the complete expenditure
Give a brief history which shows the amount of funding the City received from Sound
Transit, and what items have been purchased and respective costs.
Staff further explained the rotation schedule for mass casualty supplies and equipment specifications and
that state approved bidders' list. UNANIMOUS APPROVAL. FORWARD TO JULY 13 COW FOR
DISCUSSION.
E. Sales Tax Report: April 2009
Shawn Hunstock reviewed the April Sales Tax Report, noting that numbers showed a minimal
improvement. Sales tax receipts continue to be below budget for the year. If receipts continue to remain at
this level, the City may need to consider other options for addressing such financial issues.
INFORMATION ONLY.
III. MISCELLANEOUS
Acting Committee Member Hernandez mentioned blogs that are utilized by the Seattle Police and Fire
Departments and circulated front page samples of each. She commented that she would like to see the
13th (Monday)
Community
Affairs
Parks Cmte,
5:00 PM
(CR #3)
City Council
Committee of
the Whole
Mtg.,
7:00 PM
(Council
Chambers)
20 th (Monday)
Transportation
Cmte,
5:00 PM
(CR #1)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
14th (Tuesday)
9 Utilities Cmtc
CANCELLED
9. City Council
Special Mtg.
(Work Session on
Shoreline Master
Program)
6:00 to 8:00 PM
(Council
Chambers)
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
21st (Tuesday)
Finance Safety
Cmte,
5:00 PM
(CR #3)
Upcoming Meetings Events
JULY 2009
15th (Wednesday)
Parks
Commission,
5:30 PM
(Community
Center)
9 Library Advisory
Board,
7:00 PM
(Foster Library)
All Nations Cup 2009 is here! All events will be held at Starfire Sports complex, Fort Dent Park. The
two -week soccer tournament continues through July 23, with championship games on July 24 and 25 and
the All Star Game also on July 25. For information and game schedules visit www.allnationscup.org.
22nd (Wednesday) 23rd (Thursday)
9 Arts Commission,
5:30 PM
(Community
Center)
RESCHEDULED
FROM JULY 7TH
9 Cnn�FCABAE
CANCELLED
Summer Outdoor
Cinema Series
FREE!
(Community Center)
Seating begins at
7:30 PM; movie
starts at dusk.
Today's movie:
Chariots of Fire
(Movie will be shown
inside in the event of
inclement weather.)
16th (Thursday) 17th (Friday) 1 18th (Saturday)
9 Crime Hot
Spots Task
Force Mtg.,
10:00 AM
(CR #5)
9 Domestic
Violence Task
Force,
12:00 NOON
C.A.S.T.T. performances
(Community Actors'
Summer Theatre in Tukwila)
July 17 and 18
7:00 PM
Foster Performing
Arts Center
(Human Svcs. This year's theme is
office) "Tukwila Theatre LIVE!" in celebration
of CASTT's 20th anniversary.
Admission is FREE, but canned food
will be collected at the door for the
Tukwila Food Pantry.
For more information call 206 767 -2342.
9 Tukwila
Historical
Society,
7:00 PM
(George Long
facility)
9 Planning
Commission,
7:00 PM
(Council
Chambers)
24th (Friday) 25th (Saturday)
Summer Outdoor
Cinema Series
FREE!
(Community
Center)
Seating begins at
7:30 PM; movie
starts at dusk.
Today's movie:
Madagascar:
Escape 2 Africa
(Movie will be
shown inside in the
event of inclement
weather.)
Tukwila Int'1.
Blvd. Action
Cmtc'
Trash Pickup Day
[This month's trash
pickup day was
held July I lth.]
Tukwila Pond
Wetland Buffer
Enhancement
Work Party
Volunteers are
needed to help with
habitat restoration
from 9:00 AM to
12:00 NOON.
For more infor-
mation call Tracy
at 206-768-2822
or Sandra at
206 -431 -3663.
Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342.
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. Agenda item for 7/13/09 meeting:
(A) Ordinance renewing the Sign Code moratorium.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206 -433- 7175).
Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206 -433 -7175.
Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Human Services Office. Contact Stacy Hansen at 206 -433 -7181.
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3.
9 Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206- 767 -2342.
Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342.
9 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.
➢Transportation Committee: 1st 3rd Mon., 5:00 FM, Conf. Room #1.
Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860.
>Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 433 -1812.
Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. 7/14/09 meeting has been cancelled
Ju ly
Tentative Agenda Schedule
MONTH MEETING 1- MEETING 2
REGULAR C.O.W.
3.4
Independence Day
(observed)
(City offices closed)
13
See agenda packet
cover sheet for this
week's agenda
(July 13, 2009
Committee of the Whole
Meeting)
MEETING 3
REGULAR
20
Special Presentation:
Introduction of new
Police Dept. employee
Unfinished Business:
Approve grant from
Washington State
Traffic Safety
Commission for Walk
and Roll Plan flashing
beacon in school zone
Authorize purchase of
specialized fire
equipment for Sound
Transit Link Light
Rail project
Approve supplement
to contract #09 -044 for
2009 Small Drainage
Program construction
management services
Approve consultant
agreement with
R.W. Beck for NPDES
Phase II stormwater
requirements
Ordinance amending
TMC Title 14
regarding sewer
discharge of fats, oils
and greases
Ordinance granting a
franchise to AT &T
Ordinance amending
regulations regarding
bid procedures to
increase authorized
expenditure amount
and add emergency
procurement
procedures
Resolution
authorizing execution
of certificates relating
to Cascade Water
Alliance 2009 bonds
Hold harmless
agreement with City
of Bellevue regarding
distribution of
proceeds from sale of
JAG property
Authorize expendi-
ture of funds to
change Police vehicles
to a black- and -white
configuration
MEETING 4
C.O.W.
27
Public Hearing::
Ordinance renewing
a moratorium on the
filing of permits for
certain types of
signage
Special Issues:
Contract with the
Community Economic
Revitalization Board
(CERB) for the
Tukwila South project