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Home My WebLink AboutCOW 2009-09-14 COMPLETE AGENDA PACKETJim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn Monday, September 14, 2009, 7:00 PM 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Members of American Legion Post 235 2. SPECIAL 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 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Council Agenda COMMITTEE OF THE WHOLE Tukwila City Hall; Council Chambers A proclamation declaring September 2009 as American Legion Month. Pg.1 an item listed on this agenda, please save your comments until the issue is for discussion. 4. SPECIAL a. An ordinance adopting the 2008 Electrical Code. ISSUES b. Acceptance of the COPS hiring grant. c. A resolution declaring certain property surplus as part of the Howard Hanson Dam Flood Response Plan. d. An interlocal agreement with King County for the 2009 Annual Small Drainage Program. e. Bid award for the Macadam Road Bridge Soffit repairs. f. A resolution of intent to form a Local Improvement District (LID) for the Tukwila Urban Center Access (Klickitat) project. g. An ordinance implementing a Solid Waste Utility Tax. h. Seattle Southside Visitor Center lease. i. Tukwila South project update. 5. 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. presented Pg.3 Pg.15 Pg.77 Pg.83 Pg.103 Pg.109 Pg.119 Pg.131 Pg.159 Office of the Mayor Tukwila, Washington PROCLAMATION WHEREAS, the American Legion was chartered by the Congress of the United States of America on September 16, 1919; and WHEREAS, since its founding, the American Legion and its nearly three million members have continually exhibited a deep sense of pride in community and ensured a strong America by serving veterans, their families, and the children of our nation; and WHEREAS, the American Legion was responsible for the creation of the original GI Bill, enabling millions of veterans to obtain assistance in education and home loans; and WHEREAS, the American Legion was instrumental in the passage of legislation creating the Department of Veterans Affairs; and WHEREAS, the American Legion continues to work for a constitutional amendment to protect the American flag from desecration; they work toward securing mandatory funding for adequate operation of the Veterans Affairs Medical facilities; and they operate a Family Support Network for families of active duty military personnel and members of the National Guard and Reserves; and WHEREAS, the 33,000 Legionnaires belonging to the 170 Posts across Washington, along with the 12,000 members of the Sons of the American Legion and American Legion Auxiliary state -wide, collectively volunteer thousands of hours to assist our veterans and their communities; and WHEREAS, the Tukwila American Legion Post 235 strongly supports veterans, their families, and our community at large; and NOW, THEREFORE, I, Mayor Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim September 2009: American Legion Month and acknowledge the many contributions made by members of the American Legion over the past 90 years. 5-4&4 SIGNED THIS 5 DAY OF 25 2009. Mayor of Tukwila t i j ,,,,ve 12„ 4.7. .__2 r y Wiz- r tz„,_,_:_,_, -V vy,., CAS NUMB] :.R: 09-124 MTG. DATE 09/14/09 MTG. DATE 09/14/09 C.O.W. COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 09/14/09 JP 09/28/09 )P Initials Mayors review AGI.Nn,\ I'rI Adoption of the Washington Cities Electrical Code Council review ITEM INFORMATION ORIGINA], AGI =.NDA DATI 09/14/09 ITEM NO. C. \'t •I c; RY Discussion Motion Resolution Ordinance Bid Award Public Hearing E Other Illtg Date 09/14/09 i\Itg Date Mtg Date Mtg Date 09/21/09 Mtg Date Mlltg Date 16Itg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S As with all of the codes adopted by the state, the electrical code is revised, amended and SUMMARY re- published on a three year cycle. Consequently, it is important to update the City's adopted code to remain current with the State and with any amendments that the State adopts. This is necessary to ensure that our City regulations remain equal to or better than that which the State enforces. This is a prerequisite for a City to regulate electrical installations within its jurisdiction. RI \'iI. vi M BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08/24/09 RECOMMENDATIONS: SP()NS()R /ADMIN. Department of Community Development COMNIMEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI R1;(),UIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 08/18/09 Ordinance in draft form Minutes from the Community Affairs and Parks Comitte 8/24/09 TO: FROM: Jack Pace, Director Department of Community Development DATE: August 18, 2009 SUBJECT: City of Tukwila Electrical Code. ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee Jim Haggerton, Mayor Shall the City Council update the Tukwila Electrical Code by adopting the Washington Cities Electrical Code and by reference the 2008 National Electrical Code. It has been more than two years since the City Council enacted an ordinance that transferred the authority to regulate electrical installations from Labor Industries to the Department of Community Development. Initially, the Permit Center issued the electrical permits and the inspections were performed by the City of SeaTac inspectors through an inter -local agreement. A year after the initial transfer of responsibility an electrical inspector was hired for the City and the City of SeaTac now provides us with back -up inspection staff on an as needed basis. The City is now in the third year of enforcing electrical code requirements. By all measures it is clear that this has been a successful initiative. The advantages of administering our own electrical program are as follows: •We now have a "one stop" permit center for residents and the development community. •Electrical inspections are performed within 24 hours of the request for inspection as opposed to the 48 hour response time of the Department of Labor Industries. Coordination of building, mechanical, plumbing and gas piping can be coordinated with and are not delayed by the required electrical inspections. The significant revenue that had been going to the State now remains as City revenue. Electrical permit revenue has accounted for the cost of electrical code administration without impacting the general fund. As with all of the codes adopted by the state, the electrical code is revised, amended and re- published on a three year cycle. Consequently, it is important to update the City's adopted code to remain current with the State and with any amendments that the State adopts. This is necessary to insure that our City regulations remain equal to or better than that which the State adopts. The initial ordinance 2157 adopted the 2005 National Electrical Code (NEC) and amendments developed by the Chief Electrical Inspector of Labor Industries. The process and development of NEC amendments involves the Chief Electrical Inspector and the State electrical board. Local jurisdictions that administer an electrical code ordinance have one INFORMATIONAL MEMO Page 2 member representative on the State electrical board. This member does not have a vote, therefore our influence on this board and the development of amendments is minimal. In 2008 Washington Association of Building Officials and MyBuildingPermit .com (MBP) in a joint effort created the Washington Cities Electrical Code (WCEC). This document allows cities to enforce requirements that are equal, higher or better than the State's rules and offers the following advantages: The WCEC omits all administrative and procedural State rules that cities cannot or choose not to adopt. Example: State inspection fee schedules, civil penalty schedules, Annual permit process and administration. The WCEC is written in the same format as the NEC to eliminate any conflict between a State rule and the NEC. Example: The State amendments are WAC rules that are referenced by the numbering system of the Washington Administrative Code and do not cross reference to the NEC. The WCEC provides enforcement consistency among those cities that choose to adopt it. Currently there are twenty six Jurisdiction State wide that enforce regulations for electrical installations. All are members of WABO and all have indicated willingness to adopt the WCEC. This is an overdue reform to the enforcement inconsistency that exists between jurisdictions and the State. The WCEC Part one, adopts the 2008 National Electrical Code and related safety standards that are adopted by the Department of Labor Industries. The WCEC Part three, formats the State amendments to the NEC and, in some cases amends these rules to provide a higher or better standard of materials, devices and equipment. Example: In the 2005 NEC arc fault protection' of circuits was only required in bedrooms. In the 2008 NEC arc fault protection of circuits was required on all circuits in a dwelling. The State rejected this change and amended the 2008 NEC to remain with the language of the (previous) 2005 Code. The WCEC committee felt that this was a fire and life safety provision, and that if arc fault created danger in bedroom it created danger in any other area of a dwelling. Thus the WCEC adopted this section of the 2008 NEC, as written. RECOMMENDATION The Committee is being asked to forward the draft ordinance for adoption of the Washington Cities Electrical Code to the September 14, 2009 Committee of the Whole meeting for consideration and the subsequent September 21, 2009 Regular Meeting. ATTACHMENTS Ordinance in draft form 1 A device (circuit breaker) that has the ability to detect arcing conditions in a branch circuit and upon detection (automatically) de- energizes that circuit. Long term arcing in a circuit that is undetected can create pyrolysis in wood framing and eventually fire. C:1Documents and Settingslchristy.TUKWILA\My Documents\ElectricalCode.doc 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2121, 2157 AND 2171, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND CONSTRUCTION," ADOPTING THE 2006 STATE BUILDING CODE, AND THE WASHINGTON CITIES ELECTRICAL CODE; ESTABLISHING AUTHORITY FOR HEARING- RELATED APPEALS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Chapter 19.27 RCW requires that all jurisdictions in the State shall enforce the State Building Code as adopted by the State Building Code Council, effective July 1, 2007; and WHEREAS, the International Building Code, International Residential Code, International Mechanical Code, International Fire Code and Uniform Plumbing Code are documents that are adopted by the State Building Code Council as parts of the State Building Code; and WHEREAS, the 2008 National Electrical Code has been adopted as the State Electrical Code; and WHEREAS, the City Council desires to adopt provisions for administration and enforcement of the State Building Code and the Washington Cities Electrical Code; and WHEREAS, the City Council desires to establish the City of Tukwila Hearing Examiner as the authority to hear and rule on appeals relative to the application and interpretation of the State Building Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.020 Modified. TMC 16.04.020, "Codes Adopted," is hereby modified by moving Electrical Code references to a separate section, to read as follows: 16.04.020 Codes Adopted Effective July 1, 2007, the following codes are adopted by reference as if fully set forth herein: 1. The International Building Code, 2006 Edition, and referenced standards hereto as published by the International Code Council, Inc., and as adopted by the State of Washington in Chapter 51 -50 WAC. The following Appendices, standards and amendments are specifically adopted: a. Appendix E, Supplementary Accessibility Requirements. b. ICC /ANSI A117.1- 2003, American National Standard. c. Section 101.2 of the International Building Code, 2006 Edition, is amended to include Exception 2: Work performed by the City of Tukwila and located in City of Tukwila right -of -way; work performed by Washington State Department of Transportation and located in WSDOT right -of -way to include public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures; provided that any structures or buildings intended to be used as any W: \Word Processing \Ordinances \Electrical Code.doc BB:ksn 09/09/2009 Page 1 of 7 occupancy classification of the State Building Code are not exempt from the provisions of this code. d. All sections and references to provisions in the ICC Electrical Code and ICC Plumbing Code are not adopted. e. Definition. Section 105.2, "Building," item 1, is amended to read: One- story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area does not exceed 120 square feet, and such structure is outside of and entirely separated from any existing building on the premises. f. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. g. Section 105.5 is amended as follows: 1) Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation, and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit; or after the work is commenced, if the work is suspended or abandoned at any time for a period of 180 days. 2) Extensions to permits. Any person holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the person is unable to commence work within the time required by this section. The Building Official may extend the time for action for a period not to exceed 180 days, provided that the request is in writing and shows that circumstances beyond the control of the permit holder have prevented action from being taken. No permit shall be extended more than once. 3) Renewals of expired permits. Before such work can be recommenced, a new permit shall be first obtained. The permit fee therefore shall be one half the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permittee shall pay a new full permit fee and plan review fee where applicable. h. Section 113.4, "Violations and Penalties," is amended to include: Any person, firm or corporation who shall willfully violate or fails to comply with a Notice and Order is liable for the monetary penalties prescribed in TMC 8.45.100(A2). 2. The International Residential Code for One- and Two Family Dwellings, 2006 Edition, published by the International Code Council, Inc., as adopted by the State of Washington, provided that Chapters 11 and 25 through 42 of this code are not adopted. Energy code provisions are superceded by Chapter 51 -11 WAC; plumbing code provisions are superceded by Chapter 51 -56 WAC; electrical code is the NEC, NFPA 70 as adopted by the City of Tukwila. Appendix G, "Swimming Pools, Spas and Hot Tubs," is included in the adoption of the International Residential Code. However, W:\ Word Processing Ordinances \Electrical Code.doc BB:ksn 09/09/2009 Page 2 of 7 where there is conflict between Appendix G and TMC Chapter 16.25, the more restrictive provision shall apply, provided that the following amendment is applicable: a. Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation, and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit; or after the work is commenced, if the work is suspended or abandoned at any time for a period of 180 days. b. Extensions to permits. Any person holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, when the person is unable to commence work within the time required by this section. The Building Official may extend the time for action for a period not to exceed 180 days provided that the request is in writing and shows that circumstances beyond the control of the permit holder have prevented action from being taken. No permit shall be extended more than once. c. Renewals of expired permits. Before such work can be recommenced, a new permit shall be first obtained. The permit fee, therefore, shall be one half the amount required for a new permit for such work, provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration of more than one year, the permittee shall pay a new full permit fee and plan review fee where applicable. d. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2006 Edition, published by the International Association of Plumbing and Mechanical Officials, and as adopted by the State of Washington in Chapters 51 -56 and 51 -57 WAC, provided that Chapters 12 and Chapter 15 of this code are not adopted. Provided further, that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the Code addressing building sewers are not adopted. Appendixes A, B, D, and I of the Uniform Plumbing Code are hereby adopted by reference. Provided further, that the following amendments to the Uniform Plumbing Code are adopted: a. All reference to and definition of "authority having jurisdiction" is deemed to refer to and shall mean the "Building Official." b. UPC Section 103.4.5.1. The Building Official may authorize the refunding of any fee paid hereunder that was erroneously paid or collected. c. Water supply and distribution. Cross connection control for premises isolation related to the City's public water system shall be in accordance with the City of Tukwila Public Works Department's "Development Guidelines and Design and Construction Standards." Cross connection control for premises isolation related to water purveyors outside of the City of Tukwila water system shall be in accordance with that water purveyor's policies and standards. W:\ Word Processing \Ordinances \Electrical Code.doc BB:ksn 09 /09/2009 Page 3 of 7 d. Sanitary drainage. Side sewer, private sewer main extensions beyond a point defined in the plumbing code as the building drain, and required grease interceptors all within the City's sewer districts shall be in accordance with the City of Tukwila Public Works Department "Development Guidelines and Design and Construction Standards." Sanitary drainage, side sewers, private sewer main extensions beyond the building drain and grease interceptors outside the Tukwila sewer district shall be in compliance with that purveyor's policies and standards. e. Appeals. Section R112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: 1) The true intent of the code or ordinance has been incorrectly inter- preted. 2) The provisions of the codes or ordinances do not fully apply. 3) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 4. The International Mechanical Code, 2006 Edition, as published by the International Code Council, Inc., and as amended and adopted by the State of Washington in Chapter 51 -52 WAC. 5. The Washington State Ventilation and Indoor Air Quality Code, 2006 Edition; Chapter 51 -13 WAC. 6. The International Fuel Gas Code, 2006 Edition, Chapter 51 -52 -21000 WAC. Section 2. Ordinances Amended. Ordinance Nos. 2121, 2157 and 2171 are hereby amended to adopt a new Section 16.04.025 to read as follows: 16.04.025 National Electrical Code and Standards A. The 2008 Edition of the National Electrical Code (NFPA 70), including Annex A, B and C; the 2007 Edition of Standard for the Installation of Stationary Pumps for Fire Protection (NFPA 20- 2007); the 2005 Edition of Standard for Emergency and Standby Power Systems (NFPA 110 2005); Commercial Building Telecommunications Cabling Standard (ANSI /TIA /EIA 568 -B.1 June 2002 including Annex 1 through 5); Commercial Building Standard for Telecommunications Pathway and Spaces (ANSI /TIA /EIA 569 -A -7 December 2001 including Annex 1 through 4); Commercial Building Grounding and Bonding Requirements for Telecommunications (ANSI /TIA /EIA 607 -A- 2002); and the Residential Telecommunications Cable Standard (ANSI /TIA /EIA 570 -B -2004) are adopted and shall be applicable within the City of Tukwila, as amended, added to and excepted in the Washington Cities Electrical Code, Part III, NEC Amendments. B. In accordance with RCW 19.28.010(3), where the State of Washington Department of Labor and Industries adopts a more current edition of the National Electrical Code (NFPA 70) the Building Official may supplement the use of the Washington Cities Electrical Code with newly- adopted editions of the National Electrical Code. Provided further, that the following administrative procedures are adopted: 1. The authority having jurisdiction within the City of Tukwila shall mean the Building Official, and shall include the Senior Electrical Inspector or other individuals as designated by the Building Official. 2. The authority having jurisdiction is hereby authorized and directed to enforce the provisions of this code and shall have the authority to render interpretations W:\ Word Processing Ordinances \Electrical Code.doc BB:ksn 09 /09/2009 Page 4 of 7 of this code in order to provide clarification to its requirements, as permitted by Article 90.4, and to adopt policies and procedures in order to clarify the application of its provisions and the administration of this code. Where procedures are not specifically identified herein, Part 2 of the Washington Cities Electrical Code shall be referenced. 3. This code applies to new electrical installations. If an electrical permit application is received after the effective date of this code but is associated with a building permit application received prior to the effective date of the ordinance codified in this chapter, all applicable codes adopted and in force at the time of a complete building permit application will apply. 4. Lawfully installed existing electrical installations that do not comply with the provisions of this chapter shall be permitted to be continued without change, except as is specifically covered in this code or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard. 5. Additions, alterations or repairs to any building, structure or premises shall conform to that required of a new building, without requiring the existing building to comply with all the requirements of this code or amendments adopted by reference herein. Additions, alterations, installations or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the authority having jurisdiction. Electrical wiring added to an existing service, feeder or branch circuit shall not result in an installation that violates the provisions of the Code in force at the time the additions are made. 6. When the use of any electrical equipment or its installations is found to be dangerous to human life or property, the Building Official shall be empowered to have the premises disconnected from its source of electric supply. When such equipment or installation has been so condemned or disconnected, a notice shall be placed thereon listing the causes for the condemnation, the disconnection, or both, and the penalty for unlawful use thereof. Written notice of such condemnation and the causes therefore shall be given within 24 hours to the owners, the occupant or both, of such building, structure or premises. It shall be unlawful for any person to remove said notice, to reconnect the electric equipment to its source of electric supply, or to use or permit to be used electric power in any such electric equipment until such causes for the condemnation or disconnection have been remedied to the satisfaction of the Building Official. 7. The authority having jurisdiction shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. 8. The authority having jurisdiction shall be authorized to inspect, at all reasonable times, any building or premises for dangerous or hazardous conditions or equipment as set forth in this code. The Building Official shall be permitted to order any person(s) to remove or remedy such dangerous or hazardous condition or equipment. Any person(s) failing to comply with such order shall be in violation of this code. 9. Where the authority having jurisdiction deems that conditions hazardous to life and property exist, he or she shall be permitted to require that such hazardous conditions in violation of this code be corrected. 10. To the full extent permitted by law, the authority having jurisdiction engaged in inspection work shall be authorized at all reasonable times to enter and examine any building, structure or premises for the purpose of making electrical inspections. Before entering premises, the authority having jurisdiction shall obtain the consent of the occupant thereof or obtain a court warrant authorizing entry for the purpose of inspection, except in those instances where an emergency exists. As used in this section, emergency means circumstances that the authority having jurisdiction W:\ Word Processing \Ordinances \Electrical Code.doc BB:ksn 09/09/2009 Page 5 of 7 knows or has reason to believe exist, and that reasonably can constitute immediate danger to persons or property. 11. The Building Official shall be permitted to require plans and specifications to ensure compliance with this code. 12. The authority having jurisdiction shall be permitted to waive specific requirements in this code, or permit alternative methods where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety. Technical documentation shall be submitted to the authority having jurisdiction, to demonstrate equivalency and that the system, method or device is approved for the intended purpose. 13. Each application for a waiver of a specific electrical requirement shall be filed in writing and shall be accompanied by such evidence, letters or statements to justify the request. Approval or denial of said request shall be in writing. 14. Application for a permit required by this code shall be made to the Building Official in such form and detail as prescribed by the Building Official. The Building Official shall have the authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations related to inspections, inspection approval and refund of fees. 15. Limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. The Building Official is authorized to grant one extension of time for an additional period not exceeding 90 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. 16. Limitation of permit. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension for a period of not more than 180 days. The extension shall be requested in writing and justifiable cause shall be demonstrated. 17. Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error, on the basis of incorrect, inaccurate, false representations or incomplete information; in violation of any ordinance, regulation, or any of the provisions of this code. A permit shall be issued to one person or business only and for the location or purpose described in the permit. Any change that affects any of the conditions of the permit shall require a new or amended permit. 18. Payment of fees. A permit shall not be valid until the fees prescribed by ordinance have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 19. Schedule of permit fees. A fee for each permit shall be paid as required, in accordance with TMC 16.04.250(G). 20. Appeals. Section 112, "Board of Appeals," is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official, provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one or more of the following conditions exists: a) The true intent of the code or ordinance has been incorrectly interpreted. b) The provisions of the codes or ordinances do not fully apply. W:\ Word Processing Ordinances \Electrical Code.doc BB:ksn 09/09/2009 Page 6 of 7 c) The decision is unreasonable or arbitrary as it applies to alternatives or new materials. Appeal procedures shall be in accordance with TMC Chapter 18.116.030. 21. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice Order issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice Order shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice Order shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. 22. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice Order is liable for the monetary penalties prescribed in TMC 8.45.100(A2). 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 Electrical Code.doc BB:ksn 09/09/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 7 of 7 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 24, 2009 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Absent: Staff: Guest: CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. 4( City of Tukwila Community Affairs and Parks Committee Verna Griffin, Chair; and Joe Duffle Kathy Hougardy Jack Pace, Bob Benedicto, Nick Olivas, Lisa Verner, Rhonda Berry and Kimberly Matej Jeremy Eide, Jack McCullough and Mark Segale BUSINESS AGENDA A. Ordinance Adopting the 2008 Electrical Code Staff is seeking full Council approval of an ordinance adopting the Washington Cities Electrical Code (WCEC) and by reference, the 2008 National Electrical Code as the Tukwila Electrical Code. State codes are revised, amended and republished on a three -year cycle; and it is to the City's advantage to do the same, ensuring our regulations are equal to or better than State regulations. The current Tukwila Electrical was updated in March 2007 by the adoption of the 2005 National Electrical Code (NEC) and amendments developed by the Chief Electrical Inspector of Labor and Industries. As the newest update to the Tukwila Electrical Code, staff recommends adoption of the Washington Cities Electrical Code which was created through joint efforts of the Association of Building Officials and MyBuildingPermit.com. The requirements as set forth in the WCEC are equal to or higher than those of the State. This new code has eliminated administrative issues with the State electrical code as well as given continuity to the way 26 local/regional jurisdictions enforce their electrical codes. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. B. Tukwila South Development Agreement Update Staff provided a brief update on the implementation of the Tukwila South Development Agreement. Since June 10, City staff and LaPianta representatives have been working diligently, and provided the following information: Accountant After several interviews, parties have agreed on an accounting firm to develop protocols to measure and track expenses relative to the Tukwila South Project. A draft services contract has been sent to the firm for review. Accounting protocols are expected to be completed by years end or before. Escrow Agent An agent has been identified to establish an account for letters of credit. An agreement is currently in draft form and is near completion. Annexation The notice of intent to annex has been submitted to the Boundary Review Board. It is anticipated that the Boundary Review Board will hold a public hearing sometime in October, with staff returning to Council with a resolution this Fall. Fire Station Land A selection committee has held interviews and selected an architecture and planning firm to identify the best property location and building size for a new fire station. Levee Modification Application The application has been submitted to the Corps, the Corps has taken a preliminary look and asked some clarifying questions. The Corps has asked the City to complete an independent peer review which Anchor and KPFF will conduct. Green River Trail The trail is still on schedule and shoreline issues are currently in discussion. 1 CASNUMBJR: 0 9- /25 AG I.NDA ITI•.1\t TrrI,I? COPS Hiring Grant C vri GORY Discussion Motion Resolution n Ordinance Bid Award Public Hearing Other liltg Date 09/14/09 Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date Mfg Date Mtg Date SP >NSOR Council Mayor n Adm Svcs DCD Finance Fire n Legal P &R Police U PW ExPI?NDI"I•URI? RI UIREI) $1,942,752 MTG. DATE 09/14/09 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayor review Council reuivi 09/14/09 MV 1 AL) 09/21/09 MV 1 ITEM INFORMATION ORIGINAL, AGENDA DATE: SEPTEMBER 14, 2009 COST IMPACT FUND SOURCE AMOUNT BUDGETED $928,308 ITEM No. SPONSOR'S The Department of Justice COPS Office has awarded the city $928,308 for wages and SLIMNI \RY benefits for three officers for 36 months. If the city accepts the grant, the city is obligated to fund the positions for an additional 12 months utilizing local funds. Staff and the Mayor's Office is proposing that we accept the grant and fund two officers and one sergeant position in accordance with the grant application. The Mayor must accept the grant no later than October 26, 2009. See the attached documents for more information. RI ?\'II ?WI•;D HY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Ft Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 09/09/09 RECOMMENDATIONS: SP<)NS(>R /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole APPROPRIATION REQUIRED $1,014,444 Fund Source: To BE IDENTIFIED DURING THE NORMAL BUDGET PROCESS OVER THE 4 YEAR GRANT PERIOD Comments: The amount budgeted is the grant award. The 2009 -2010 appropriation is $288,485 RECORD OF COUNCIL ACTION MTG. DATE 1 ATTACHMENTS 09/14/09 1 Informational Memorandum dated 09/02/09 Copies of award and notification, terms and conditions, and financial memos from DO) i City of Tukwila budget worksheet Community Oriented Policing Proposal New Hires Copy of original application Minutes from the Finance and Safety Committee meeting of 09/09/09 TO: FROM: Assistant Chief Mike Villa DATE: September 2, 2009 SUBJECT: COPS Hiring Grant ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Jim Haggerton Finance and Safety Committee Jim Haggerton, Mayor The U.S. Department of Justice has awarded the city $928,308 to fund three full time police officers for 36 months. In March of this year the U.S. Department of Justice Office of Community Oriented Policing opened solicitation for applications for funding of police officers under the COPS Hiring Recovery Program. Applications required meeting two criteria create and preserve jobs and increase community oriented policing capacity. Up to $1 billion in grant funding was available nationwide. We submitted our grant application in April with a request for eight officers. The COPS Office received applications totaling $8 billion. In August we received notification of an award for $928,308 to fund three officers for 36 months. The award notification is dated July 28, 2009. The award must be signed and accepted by the Mayor on or before October 26, 2009. The original grant application requested funding for eight officers, a Crime Prevention Commander, a Traffic Officer, and a six person Tukwila Urban District COP Team. As stated above, funding was received for only three. In keeping with the grant purpose, original application, our mission, and our strategic plan, we recommend utilizing the funds for three one sergeant and two officers of the original six positions proposed under the COP Team. For more details on the COP Team justification and concept see page 3 of 5 of the "Community Oriented Policing Proposal —New Hires." The COP Grant does not fund ancillary cost and further requires the city to retain all three positions utilizing local funds for an additional 12 months following the conclusion of the grant period. Ancillary costs include, but are not limited to, professional testing and background fees, police vehicles, equipment, uniforms, workstations, bicycles, and the difference between the pay of an officer and a sergeant. The total anticipated cost for the 4 -year period is $1,942,752. Grant revenue equals $928,308. Amount to be funded by the city is approximately $1,014,444 over four years. The appropriation required for the 2009/2010 budget is $288,485. Please see the budget worksheet attached for more details. INFORMATIONAL MEMO Page 2 There are three immediate options before the Council as follows: Option A authorize the Mayor to accept the award with the proposed city contribution Option B authorize the Mayor to accept the award with changes to the city contribution o Option C withhold authorization and thereby decline the award The Council may chose option "B" as there are non -grant funded expenditures on the budget worksheet that could be modified; however, reducing the level of funding would limit officer productivity and reduce levels of service. RECOMMENDATION The Council is being asked to consider this item at the September 14, 2009 Committee of the Whole meeting and subsequent September 21, 2009 Regular Meeting. It is the recommendation, from staff and the Mayor's Office, that Council selects option "A" and authorizes the Mayor to accept the COPS grant in the sum of $928,308. It is further recommended that Council authorize a budget appropriation of $288,485 for the 2009 -2010 budget. Funding source to be identified during the normal budget process. ATTACHMENTS Copies of Award and Award Notification Terms and Conditions Copies of Financial Clearance Funding Memorandums from DOJ City of Tukwila Budget Worksheet Community Oriented Policing Proposal —New Hires Copy of Original Application TUKWILA POLICE DEPARTMENT COPS HIRING GRANT PRESENTED TO: FINANCE AND SAFETY COMMITTEE COUNCILMEMBER AND CHAIR PAM LINDER COUNCILMEMBER JOE DUFFIE COUNCILMEMBER DE'SEAN QUINN PRESENTED BY: CHIEF OF POLICE DAVID HAYNES ASSISTANT CHIEF MIKE VILLA WITH APPROVAL FROM: MAYOR JIM HAGGERTON SEPTEMBER 9, 2009 TUKWILA POLICE DEPARTMENT COPS HIRING GRANT AWARD Office of the Director 1100 Vermont Avenue, N.W. Washington, DC 20530 Chief of Police David Haynes Tukwila Police Department 6200 Southcenter Boulevard Tukwila, WA 98188 July 28, 2009 Re: COPS Hiring Recovery Program Grant 2009RKWX0885 ORI WA01723 Dear Chief of Police Haynes: U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Once again, I would like to congratulate you on receiving a COPS Hiring Recovery Program (CHRP) award. Your award is for 3 officer positions and $928,308 in federal funds over a three -year grant period. Your agency may now begin hiring or rehiring officers to fill CHRP grant- funded positions. Enclosed in this package is your grant award. The Award Document must be signed and returned to the COPS Office within 90 days to officially accept your grant. The Frequently Asked Questions (FAQ) document included in this package should be helpful in answering any questions you may have about accepting your award, or requesting additional time to do so. Beginning on the reverse side of your Award Document, you will find a total of three pages of CHRP Grant Terms and Conditions. You should read and familiarize yourself with all 16 terms and conditions that apply to your CHRP award. A supplemental online award package for CHRP grantees can be found at htto:/ /www.coos.usdoi.eov/Default.aso ?Item =2271. We strongly encourage you to visit this site immediately to access a variety of important and helpful documents associated with your award, including the CHRP Grant Owner's Manual, which specifies the terms, conditions, and requirements of your grant. Also, within a few weeks you should receive an important package from the Office of the Chief Financial Officer, Office of Justice Programs, which will contain the forms and instructions necessary to begin drawing down funds for your grant. As mentioned at the time of announcement, each CHRP application was subject to a thorough review, and some of your application information may have been updated or corrected from the original version submitted to COPS. If you have not yet done so, please access your application at httD:/ /www.cons.usdoi.2ov/Default.aso ?Item =464. and print and maintain a final copy for your records (if you are unable to print a copy of your application, please contact the COPS Office at 800.421.6770). The Financial Clearance Memorandum (FCM) and Final Funding Memorandum (FFM) included in this package reflect allowable costs and amounts under your award. The FCM specifies the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits, while the FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. Please review both documents carefully, as your agency may only be reimbursed for the amounts and approved cost categories indicated. As a reminder, under CHRP all positions awarded (or an equal number of veteran officers) must initiate or enhance community policing in accordance with the community policing plan as described within Section 5 of your application. If for any reason your agency finds that your community policing plans have significantly changed from those outlined in your application (e.g., because you received fewer officers than originally requested and thus must alter the scope of your community policing plans), please revise the plan accordingly and submit it to the COPS Office for review and approval. You should also contact the COPS Office if, for any reason, you need to modify your grant award. This includes any reallocation of your awarded positions across the three primary hiring categories (i.e., new hires, rehires of officers laid off pre application, and rehires of officers laid off or scheduled to be laid off post application). As explained at the time of grant application, there are significant reporting requirements on the use of CHRP funds. In addition to quarterly financial and programmatic progress reports submitted to the COPS Office, CHRP grantees are also required to submit quarterly Recovery Act reports within 10 days after the end of each calendar quarter to www.FederalReporting.gov. These Recovery Act reports will be made available to the public on www.Recoverv.eov. All grantees must be registered as authorized users prior to submitting reports to www.FederalReoorting.gov. The registration function on www.FederalRenortina.gov will be available no later than August 26, 2009. Please note that registration with this website also requires users to be registered with the Central Contractor Registration (CCR) and have a Dun Bradstreet Data Universal Numbering System (DUNS) number. Registering with CCR and obtaining a DUNS number take additional processing time, so your agency should take immediate steps to meet these requirements in advance of registration with www.FederalRenortina.eov. For additional information on CCR and DUNS, please refer to the CHRP Grant Owner's Manual at http:/ /www.cons.usdoi.Qov/Default.asn ?Item =2270. Finally, please remember that grantees must retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months following the 36 -month federal funding period. The retained CHRP- funded position(s) should be added to your law enforcement budget with state and /or local funds, over and above the number of locally- funded positions that would have existed in the absence of the grant. In your CHRP grant application, your agency was required to affirm that it plans to retain the additional officer positions awarded following the expiration of the grant, and to identify the planned sources of retention funding. If, during the life of the grant, you have questions regarding the retention requirement or your retention funding sources, please contact the COPS Office for assistance. Once again, congratulations on your CHRP award. If you have any questions about your grant, please do not hesitate to call the COPS Office Response Center at 800.421.6770. David M. Buchanan Acting Director 11,!!!!:11 1 11 1 .1■ 1 !:.!,:i11114 :11' ,1 Jp,i9 [i pplicant Full Time Officers Funded: IN II 11. Iii 11 I IF' li d ip ReMs Layoffs. IrIIIIIII" it 1 e011',F Post-A catiatkLuttiff =1 4,11' ,,o1I,Iit i'l V3 Amoun W 928,308 1 1 1'1 1 i It ?Ili' utho =7=1 r 7T 011 r s iII I M I 1 1! 1 1 111 1 I t 1 p t: 1 ttt: :t,t t •I I "0' U. S. Department of Justice q.0*.totoitiOxpelented Pollan zrift :7 COPS Hiring Recov.p„ry Program Treasury AccOUnt.SS7Mbi (TAS) 15-09/10=0412 OfP Vendor 916OO1522 Ir 0.1 Law Enforcement Executjve: Chief of Police David W. Haynes X i [iti. 6 11 1 1 1 1 1 ,1 1 ,,,'41111,11itli 6200 ti o de Sauthcenter lisar-a7 tioili t i ir ;111 .11 1:111„d :i liili tIPt TukratiankM9M Te lephone: rii ax: illil I Fax (20' 4,,,,, I ernment ecu .ellVAl .4 ayor Jolt Haggert till ddreis: 6200 Southcenter Boulevard a Alg tilm:1111 Volt.to t!ti;11. ii i' 115 tl V ,rtf, t de: Tukwila, WA 98188 one.. (206aM 1 11 :Il 4 1 IIIbate: Title ial t"IttIttit?, 411 1 11 %1 Ott rttittit,t i ot,ttv t a., AlitItt, chanan:_= -------T--- II 141 ct ector l 11 :!1: 1110., i il$1: ii By signing this Award Document, the grantee agred 'to abic.e by all 16 Grant Terms Conditions on the reverse side of this ti. tr— 4 document_ancLthe-attacrad es: 1 1 t',Itui t I IIIP pag 1111111101 III II IlikiiIIIIIIIPli il,tigli il t 11 q 'i INV II i)YITI of Lawl eanItt-Mitficlirwith the 1l,4Jh j to Ace' RitY 11 0 11 i ,z '1 i NII lidk, d Id 1 h( i Id iii!Iii 1 1 }1111 1 Sign of Government Official winhe Authority to Accept this Grant Award .1: t. .1- 1111 False s:MteMeilis Ord W 1s rTfiTide in co j I tI III il I g4ints may re...41 7: 111,1 a rTti# ri s o tt k n -l= ent, debtapn participWeg irrlateM grants or contrac Art r' my i available WlaNv nderal J 1' rm i l y liiiII'itt,,I;Itt it pi k t111:11 1: I ii,41 1 11 ilI 1 :ttlt o ot t -ti „0'131 11111 11 1154111.1 Date ***aaannoro TUKWILA POLICE DEPARTMENT COPS HIRING GRANT TERMS AND CONDITIONS U. S. Depatlntent of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions By signing the Award Document to accept this COPS Hiring Recovery Program (CHRP) grant, the grantee agrees to abide by the following grant terms and conditions: 1. The grantee agrees to comply with the terms and conditions in this COPS Hiring Recovery Program Grant Owner's Manual; COPS statute (42 U.S.C. 3796dd, et seq.); 28 C.F.R. Part 66 or 28 C.F.R. Part 70 as applicable (governing administrative requirements for grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A -87), 2 C.F.R. Part 220 (OMB Circular A -21), 2 C.F.R. Part 230 (OMB Circular A -122) and 48 C.F.R. Part 31.000 et seq. (FAR 31.2) as applicable (governing cost principles); OMB Circular A- 133 (governing audits); American Recovery and Reinvestment Act (Recovery Act) of 2009, P.L.111 -5; representations made in the COPS Hiring Recovery Program grant application; and all other applicable program requirements, laws, orders, regulations, or circulars. 2. The grantee agrees to comply with the Assurances and Certifications forms that were submitted as part of its COPS Hiring Recovery Program application. 3. The funding under this project is for the payment of approved full -time entry -level sworn officer salaries and fringe benefits over three years (for a total of 36 months of funding) for new or rehired additional, career law enforcement officer positions, hired on or after the award start date. The Financial Clearance Memorandum included in your award packet specifies the costs that the grantee is allowed to fund with your CHRP award. It will also describe any costs which have been disallowed after review of your proposed budget. The grantee may not use CHRP funds for anything not identified as allowable in the Financial Clearance Memorandum. 4. CHRP grant funds may not be used to replace state or local funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would, in the absence of federal aid, be made available for hiring and /or rehiring full -time career law enforcement officer positions. 5. At the time of grant application, the grantee committed to retaining all CHRP officer positions awarded with state and /or local funds for a minimum of 12 months at the conclusion of 36 months of federal funding for each position, over and above the number of locally- funded positions that would have existed in the absence of the grant. You cannot satisfy the retention requirement by using CHRP positions to fill vacancies from attrition. 6. The grantee may request an extension of the grant award period to receive additional time to implement the grant program. Such extensions do not provide additional funding. Only those grantees that can provide a reasonable justification for delays will be granted no -cost extensions. Reasonable justifications may include delays in hiring COPS funded positions, officer tumover, or other circumstances that interrupt the 36 -month grant funding period. An extension allows the grantee to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension reauests must be received prior to the end date of the award. as extension requests received after an award has expired will be approved only under very limited circumstances. 7. During the CHRP grant award period, it may become necessary for an agency to modify its CHRP grant award due to changes in an agency's fiscal or law enforcement situation. For instance, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category or reduce the total number of positions awarded. Grant modifications under CHRP are evaluated on a case -by -case basis. All modification requests must be approved, in writing, by the COPS Office prior to their implementation. En addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 8. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Recovery Program. The grantee agrees to cooperate with the monitors and evaluators. 9. To assist the COPS Office in the monitoring of your award, the grantee agrees to submit quarterly programmatic progress reports and quarterly financial reports in addition to any reports required by the Recovery Act. The grantee also agrees to submit all requested reports in a timely manner. 10. The COPS Office performs various functions to ensure compliance with all grant requirements, to assess the implementation of community policing in awarded jurisdictions, and to provide technical assistance to grantees. Grant monitoring activities are routine during the grant period and may occur up to three years following the official closure of the grant award. These functions, and others, often require the production of grant related documentation and other materials. As a COPS CHRP grantee, you agree to cooperate with any such requests for information. 11. The grantee agrees to comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). For assistance, grantees should consult the Office of Justice Programs, Office for Civil Rights website at www.oio.usdoi.eov /about /ocr /ecoo.htm. 12. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (1 -9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. 13. All newly hired, additional officers (or an equal number of redeployed veteran officers) funded under CHRP must engage in community policing activities. Community policing activities to be initiated or enhanced by the grantee were identified and described in your CHRP grant application, with reference to each of the following elements of community policing: a) community Page 1 of 3 U. S. Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions partnerships and support; b) related governmental and community initiatives that complement the grantee's proposed use of CHRP funding; and c) how the grantee will use the funds to reorient its mission or enhance its commitment to community policing. 14. Grantees that provide law enforcement services to another jurisdiction through a contract must ensure that officers funded under this CHRP grant do not service the other jurisdiction, but will only be involved in activities or perform services that exclusively benefit the grantee's own jurisdiction. Grantees cannot use CHRP funds to pay for a contract to receive law enforcement services from another agency. 15. False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating in federal grants or contracts, and/or any other remedy available by law. 16. The grantee understands that the COPS Hiring Recovery Program is funded through the American Recovery and Reinvestment Act (Recovery Act) of 2009 and agrees to comply with the extensive accountability and transparency requirements on the use of Recovery Act funds: (A) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informine Subrecinients (1). To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Public Law 111 -5) (Recovery Act) as required by Congress and in accordance with 28 C.F.R. 70 "Uniform Administrative Requirements for Grants and Agreements for Institutions of Higher Education, Hospitals and Other Non Profit Organizations" and 28 C.F.R. 66 "Uniform Administrative Requirements for Grants and Agreements for State and Local Governments," the recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds. (2) For a recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133, "Audits of States, Local Governments, and Non Profit Organizations," the recipient agrees to separately identify the expenditures for federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A -133. This shall be accomplished by identifying expenditures for federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA in identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC. (3) The recipient agrees to separately identify to each sub recipient (if any) and document at the time of sub -award and at the time of disbursement of funds, the federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to sub recipients shall distinguish the sub awards of incremental Recovery Act funds from regular sub awards under the existing program. (4) The recipient agrees to require their sub recipients (if any) to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor sub recipient expenditure of Recovery Act funds as well as oversight by the Department of Justice, Office of the Inspector General and Government Accountability Office. (B) Recipient Reports and Central Contractor Registration (1) The recipient agrees to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. (2) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (3) The recipient and their first -tier recipients (if any) must maintain current registrations in the Central Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (4) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any information that is pre filled is corrected or updated as needed. (C) Data Elements of Recipient Reports In accordance with section 1512(c) of the Recovery Act, the recipient agrees that not later than 10 days after the end of each calendar quarter, each recipient that received Recovery Act funds from a federal agency shall submit a report to that agency that contains (1) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including (a) the name of the project or activity; (b) a description of the project or activity; Page 2 of 3 U. S. Department of Justice Office of Community Oriented Policing Services COPS Hiring Recovery Program Grant Terms and Conditions (c) an evaluation of the completion status of the project or activity; (d) an estimate of the number of jobs created and the number of jobs retained by the project or activity; and (e) for infrastructure investments made by state and local governments, the purpose, total cost, and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on subcontracts or subgrants (if any) awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. These reports are in addition to other financial and programmatic reports required by the COPS Office. (D) Access to Records and Interviews The recipient agrees that the Department of Justice (DOJ) and its representatives (including COPS and the Office of the Inspector General (OIG)) and the Government Accountability Office (GAO) shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award. The recipient also agrees that DOJ and the GAO are authorized to interview any officer or employee of the recipient regarding transactions related to this Recovery Act award. (E) Reporting Potential Fraud. Waste. and Abuse. and Similar Misconduct The recipient agrees to promptly refer to the Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, contractor, sub grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. The OIG may be contacted at OIG.hotline(usdoi.gov. www. usdoj.gov /oig/FOIA/hotline.htm, and 800.869.4499. (F) Protecting State and Local Government and Contractor Whistleblowers The recipient agrees that the Recovery Act provides certain protections against reprisals for employees of non federal employers (state and local governments or private contractors) who disclose information to federal officials reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. (G) Separate Tracking and Reporting of Recovery Act Funds and Outcomes The recipient agrees to maintain accounting systems and records that adequately track, account for, and report on all funds from this Recovery Act award (including officers hired, salaries and fringe benefits paid, and the number of jobs created and jobs preserved) separately from all other funds (including other COPS and federal grants awarded for the same or similar purposes). (H) Additional Reouirements and Guidance The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future COPS (including government -wide) guidance and clarifications of Recovery Act requirements. Page 3 of 3 TUKWILA POLICE DEPARTMENT COPS HIRING GRANT FUNDING MEMORANDUMS 1100 Vermont Avenue, NW Washington, DC 20530 Memorandum To: Chief of Police David W. Haynes Tukwila Police Department Total Number of Full Time Officers Funded 3 New Hires: 3 Rehires- Pre Application Layoffs: 0 Rehires- Post Application Layoffs: 0 Budget Category Full Time Officer Salary Full Time Officer Fringe Benefits Officer Salary and Fringe Benefits for Three Years $928,308.00 Total CHRP Funding for 3 Officers Total CHRP Funding for 3 Officers Cleared Date: 6/29/2009 REPRINT U. S. Department of Justice Community Oriented Policing Services Grants Administration Division COPS Hiring Recovery Program From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Recovery Program Financial Clearance Memo OJP Vendor 916001522 ORI WA01723 DUNS 010207504 Proposed Budget Approved Budget $577,161.00 $577,161.00 $351,147.00 $351,147.00 Costs Per Officer: $309,436.00 $928,308.00 $928,308.00 $928,308.00 Federal Share: Adjustments Disallowed /Adjusted Reasons /Comments $0.00 $0.00 0.0 0 $0.00 $928,308.00 Grant 2009RKWX0885 Total Cost: $928,308.00 Overall Comments: A financial analysis of budgeted costs has been completed, and this Financial Clearance Memorandum reflects the amount of COPS Hiring Recovery Program funds awarded to your agency for officer salaries and approved benefits. Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS. You should carefully review your Final Funding Memo (FFM), which is enclosed in your award package. The FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. You will note that some costs may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories that are documented within the FFM, up to the amounts specified in this Financial Clearance Memorandum. 1100 Vermont Avenue, NW Washington, DC. 20530 MEMORANDUM To: From: Re: U.S. Department of Justice Community Oriented Policing Services (COPS) Grants Administration Division COPS Hiring Recovery Program Chief of Police David Haynes Tukwila Police Department Andrew A. Dorr, Assistant Director for Grants Administration Social Security: $3643.00 Exempt: 0 Fixed Rate: 0 Medicare: $852.00 Exempt: 0 Fixed Rate: 0 Health Insurance: $23650.00 COPS Hiring Recovery Program (CHRP) Final Funding Memorandum Revised on August 5, 2009 The COPS Office has completed the financial analysis of your agency's budgeted costs. This Final Funding Memorandum (FFM) reflects your agency's final approved officer salary and fringe benefit categories and approved salary and benefits amounts. Please note that the salary and benefit costs requested in your original application may have been updated or corrected from the original version submitted to COPS based on communication with your agency. Therefore, you should carefully review this FFM, as your agency will only be reimbursed for the approved cost categories that are shown within this document. OJP Vendor 916001522 ORI WA01723 Grant 2009RKWX0885 DUNS 010207504 Full -Time Sworn Officer Information Current First Year Entry -Level Base Salary for One Sworn Officer Position: $58752.00 Fringe Benefits Cost Additional Information Life Insurance: $120.00 Vacation: $0.00 Number of Hours Annually: 96 Sick Leave: $0.00 Number of Hours Annually: 96 Retirement: $3173.00 Worker's Comp: $400.00 Exempt: 0 Unemployment Ins: $0.00 Exempt: 1 Other: Holiday Pay $1807.00 Describe: Year one, only 6 months of holiday pay Other: Describe: Other: Describe: Total Current First Year Entry -Level Benefits for One Sworn Officer Position $33645.00 Total Yearl Salary Total Year 1 Benefits $92397.00 Total Year 2 entry -level salary for one sworn officer position: $64008.00 Total Year 2 entry -level benefits for one sworn officer position: $39855.00 Total Year 3 entry -level salary for one sworn officer position: $69627.00 Total Year 3 entry -level benefits for one sworn officer position: $43549.00 TUKWILA POLICE DEPARTMENT COPS HIRING GRANT BUDGET City Of Tukwila Budge Workshee COPS Grant for three new hires for 36 months 0 202 w� n..... r 249,89 136,215 229,444 143,041 37,572 1 7,500 3,500 900 1,00 20,2 553,5 011 210,429 128,8 010.: 192,7 90,128 24,000 175,0 8,000 30,000 4,500 1,00 25,00 Expend Sergeant Wages Benefits' 1 Profession Officer Wages Benefits"' 12 p a trol platform) 3 Work Stations mall office) Police Vehicle 3 O &M Depreciation Furniture (mall office) 1 3 3 Equip New Uniforms /Equipment 3 Quartermaster meat 3 Bicycles and a g Supplies 3 Training Office Communications a ons bike school /POP) Overtime 3 Estimated expenditures 3 officers for 36 months 3 265,0 Grant revenue 288,4 Amount to be funded by City iv April 1, 2010 one position filled Sergeant hired p conducted for everts, and patrol rifles i Three months commitment for Serg traffic January 1, 2010 ounds and Professional testing aid kits, backgr handguns, handcuffs, Hire date rill, 2010 job o ffers are extended and tasers, Page 1 of 1 isi Hire date April four j as ballistic vests, Based on historical data, ent such v Includes uniforms and basic equipment 2,500 500 3,675 1,90 1,00 40,500 419,3 30,0 2,750 600 3,850 2,000 1,00 41,75 447,6 315,644 344,16 103,730 $.10 ,443 30,000 2,500 3,000 700 4,050 2,100 1,00 43,80 477,5 Dated August 31,20M 250 58 338 175 83 3,650 44,62 3,427 44,627 o 882,5 535,8 24,000 175,0 100,500 4,50 1,00 25,00 8,500 9,358 15,4 7,07 4,08 149,9 1,942, 928,308 1,0'14,444 TUKWILA POLICE DEPARTMENT COPS HIRING GRANT COMMUNITY ORIENTED POLICING PROPOSAL NEW HIRES COMMUNITY ORIENTED POLICING PROPOSAL —NEW HIRES We propose adding eight new positions —one commander, one sergeant, five officers, and one traffic officer to the Police Department to maintain and enhance community oriented policing in Tukwila. All of these positions are part of the Police Department's strategic plan to address law enforcement issues in the community. The positions were requested in the 2009/2010 proposed biennial budget; however, local funding was not available and the positions were not approved at that time. City of Tukwila The city of Tukwila is very unique. Our resident population is just under 18,000, our daytime population hovers at 150,000, and our crime rate is comparable nationally to a city with 86,000 residents. Tukwila is the host of the largest shopping mall in the Pacific Northwest, two major interstates intersect in Tukwila, we border Seattle to our north, and SeaTac International Airport sits to our south, over 50% of Tukwila households live in multi family units, we have the 2nd highest poverty rate for cities in King County, and there are over 62 different languages spoken in our school district. In such a diverse and challenging environment, community oriented policing has become a necessary philosophy within our department and city. Officers throughout our department are regularly engaged in partnerships and problem solving. Our mission, drafted by the members of the department, "is to improve the quality of life for all through community partnerships and problem solving to promote safe, secure neighborhoods." Community Oriented Policing Programs Community Oriented Policing is our day -to -day philosophy; however, to enhance partnering and problem solving we have implemented several programs, formed and chair action committees, and partner with many community based groups. Tukwila has had an active Crime Free Rental Housing program for more than 10 years. This 3 -part program includes training for rental owners /managers, CPTED inspections for all participating properties and crime prevention information for residents. The goal of this program is to open communications and encourage cooperation between rental management and the police department. The city is an active participant in National Night Out Against Crime. In this city of under 18,000 in population and only 8.5 square miles, it is not unusual to have 20 or more NOAC events on the first Tuesday in August. Block watch groups are provided training on crime prevention and how to most effectively partner with the police to reduce criminal activity in their neighborhoods. Page 1 of 5 As a part of the strong value the Tukwila Police Department puts on community outreach, a Citizen's Police Academy is offered twice a year. This program allows citizens to see inside the Tukwila Police Department and understand what officers do on a regular basis. The Community Oriented Citizens Advisory Board includes citizen, business, school board, and student representation that collaborate directly with the Police Chief on community issues and problems. A police representative chairs the Hot Spots team with a mission to addresses quality of life issues in the community using a focused multi- department approach. Command staff, patrol officers, crime prevention, and non commissioned employees cooperate with city administration, fire personnel, planning, code enforcement, and legal staff to identify problem areas in the city and develop and implement solutions. Representatives from the Police Department regularly meet with citizens and businesses from the Tukwila International Boulevard Action Committee, Citizens without borders, school district, the Tukwila Apartment Managers and Owners, and the East African Community Council in order to work together to address community problems. In order to maintain and enhance these efforts we are requesting COPS funding. We are committed to cover all ancillary costs during and all expenses for a minimum of one year after the grant period for the positions authorized. Maintaining and Enhancing COP The Tukwila Police Department is staffed with 68 full time commissioned employees and 14 civilian employees. There are two divisions in the police department, Investigate Services Division (ISD) and Patrol. An assistant chief oversees each of the divisions. Patrol has two commanders that manage the patrol operations. A records manager and a commander manage ISD. The commander oversees the Major Crimes Unit, Tukwila Anti -Crime Team, and the Crime Prevention Resource Team (CPRT). Crime Prevention Resource Commander We are proposing creating a new commander position that would oversee CPRT. A sergeant, school resource officer, crime prevention officer, training officer, accreditation officer, and community policing coordinator work on the CPRT. This team supports many of the community programs mentioned earlier. A commander in this position would give us the administrative oversight to ensure that we continue and enhance the existing programs as well as develop new programs, partnerships, and problem solving strategies that continue to define us as a community oriented policing department. One example of an area of focus for this commander is that of building relationships and developing policing strategies for our diverse population. Remade in America ranked the Page 2 of 5 Tukwila School District the #1 Most Diverse District in the nation from statistics (2006) they obtained from the U.S. Department of Education. Another area of oversight and development is working with the community, other city departments, private entities, and government agencies in preparation for natural or man made disasters partnerships being a key component. Currently this responsibility is delegated on an as need basis to one of the commanders dependant on work load or not met at all. The creation of this new position will also allow the current ISD commander the ability to focus on managing and directing the MCU and TAC team. These two units investigate felony crimes such as homicides, robberies, narcotic violations, and sexual assaults on children. The city is willing to pay the difference between the entry level salary and benefit funding provided by the grant and the rank of commander as well as all the ancillary cost associated with this position. Four sergeants and 32 patrol officers work in the Patrol Division. Staffing levels provide five officers and a sergeant at any given time. The city is geographically divided into five patrol districts as shown to the right. The T -3 urban district has over 1,200 businesses and 50 restaurants covering over 14 million square feet. It includes Westfield Shopping mall, the largest mall in the Pacific Northwest. This mall draws over 11,000,000 customers per year. On average 100,000 persons visit our urban center each day. This districts density and retail has significantly expanded over the years and especially in 2007 and 2008 with new developments and the Westfield expansion of 400,000 square feet and 75 new retail stores. Our staffing levels however have remained unchanged, as there have been insufficient revenues to fund new positions. Tukwila Urban District COP Team Page 3 of 5 The T -3 district accounts for 34% of our calls for service between 11:00 AM and 11:00 PM on any given day. Officers take 37% of all cases citywide in the T -3. Due to this level of activity officers are pulled from other residential, commercial, and retail areas. Only 25% of the time do we have more than five patrol officers working; therefore, three patrol officers service four districts while two officers service the T -3. Our goal of this proposal is to provide adequate resources for the T -3 district while improving service levels and COP efforts in the other districts wherein are located residents, business owners, visitors, and government entities. If awarded funds we will implement a new program by creating the Tukwila Urban District COP team. The team, a sergeant and five officers, all new positions, will work within the T -3 district during peak hours. They will be responsible for reduction of crime and increasing public safety by developing partnerships, problem solving, and assisting patrol. By responding to calls for service, reporting, and conducting initial investigations within the T -3, patrol staff can stay in the other districts. Significant benefits will be realized in both the T -3 and the other patrol districts by enabling us to maintain and enhance our COP efforts throughout the city. Westfield Mall In a twelve -month period from fall of 2007 to fall of 2008 we had three shootings (two homicides) at Westfield Shopping Mall. Additionally, we have experience increase gang activity and disturbances on the property. Citywide we experienced a 350% increase in murders in 2008. Both renters of retail space and visitors have expressed concern for general safety at the mall. The mall and police department have shared overtime costs for officers to patrol the mall on foot for years. Since November of 2008 we have doubled and at times tripled the number of hours in an effort to increase public safety at the mall; however, this increase in expenditures cannot be sustained by the city indefinitely. A Tukwila Urban District COP team would help to provide the resources needed at the mall as well as the larger urban district. Crime reduction efforts will be made by not only an increase in sustainable police presence but also through dedicated problem solving and partnerships. Westfield mall has provided office space at no cost to the city for the Urban District COP team. We previously staffed an office space at the mall with a crime prevention officer. Due to our volume of calls for service we dissolved that position and closed the office. A new office space is now open and available for this team to utilize. City Wide Our patrol division is a key component in our community oriented policing philosophy. Response times have increased; proactive and directed enforcement and random patrols have suffered; and building partnerships and problem solving has been limited due to the demand for officers in the T -3. By deploying this new team in the T -3, our patrol officers will have more time in their patrol districts. Time in their districts equates to more neighborhood patrols and partnership development with businesses and citizen groups. Many of our citizens have asked, "Where are the police The answer has been that they are reacting and responding to crimes and calls for service in our urban district rather than patrolling our residential neighborhoods. Page 4 of 5 Tukwila Traffic Officer The department recently reduced our traffic positions from four to three officers in order to create an unfunded and critically needed sergeants position. This has left our traffic unit short. Our traffic officers not only conduct traffic enforcement in areas of high traffic violations and investigate traffic collisions, but they also have each "adopted" one of our elementary schools within our school district. The officers work in partnership with each of these schools throughout the school year on parking issues, traffic safety, and other public safety issues as they arise. Our School Resource Officer, fully funded by the city, is dedicated to the High School and Middle School and is unable to dedicate any time to the elementary schools. By utilizing our traffic officers, we have developed partnerships that have furthered our objectives of community oriented policing and increased safety for the children that attend our schools. Funding of this new position would benefit the city as a whole in dealing with traffic problems as well as give us the needed resources to continue our "adopt a school" program. Conclusion The Tukwila Police Department is deeply involved in and committed to community oriented policing. It is integrated into our policing philosophy and practice. We propose adding eight new positions to the Tukwila Police Department. A Crime Prevention Resource Unit Commander, a six person Tukwila Urban District COP team, and one traffic officer as full -time employees to the Police Department. If awarded these positions the department will create new jobs, and maintain and enhance community oriented policing initiatives within the city. Notes: Total amount requested from Feds is 2.4 million over the three year award period. The city will expend about $500,000 to cover the difference in salaries and ancillary costs (vehicles, uniforms, equipment) during the award period. This does not include the cost to train these officers. The city is committed to cover the entire cost during year four. Page 5 of 5 Records Manager r# 1 t Evidence Records Techn Supervi r t Police Chief Investigative Services nvesti C h S Records Clerk t Sergeant (Crime prevention CM (Major Resource Team) Comm. Coordinato SRO Accred. Training Chief of Police A d m inistrativ e Secretary Comman g (Major Crimes) R Clerk i Detectives (4) Dv 4 Sergeant (Tac Team) a Tac Team SRO VNet Detective 4 Community Oriented Policing Citizens Advisory Boar Sergea Traffic 1 Comman Patrol TSO (Non Patrol) t Officers (3 +1) lice Chief Assistan t Police Patrol Services Officers icer 5) Sergeant Officers (8) S Command Patrol police Informa Analyst Officers R-9 Officer Sergeant Officers (8) Sergeant Officers (1) R -9 Officer (1) TUKWILA POLICE DEPARTMENT COPS HIRING GRANT APPLICATION Application for Federal Assistance SF-424 1. Type of Submission: Preapplication New Application 0 Continuation Changed /Corrected Application 0 Revision 3. Date Received 3/30/2009 ci 5a. Federal Entity Identifier: 5a. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: a. Legal Name: Tukwila Police Department 4. Applicant Identifier: d. Address: WA01723 b. Employer/Taxpayer Identification Number (ElN/TIN): 916001519 Street 1: 6200 Southcenter Blvd Street 2: City: Tukwila County: State: WA Province: Country: Zip Postal Code: 98188 e. Organizational Unit: Department Name: Police Department Version 02 OMB Number: 4040 -0004 Expiration Date: 01/31/2009 2. Type of Application: If Revision, select appropriate letter(s) c. Organizational DUNS: 010207504 Division Name: Other (Specifty) f. Name and contact information of person to be contacted on matters involving this application: Prefix: First Name: Michael Middle Name: Last Name: Villa Suffix: Title: Assistant Chief of Police Organizational Affiliation: Manager Telephone Number: 2064331815 Fax Number: 2064337197 Email: mvilla @ci.tukwila.wa.us Application for Federal Assistance SF-424 Version 02 9. Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (Specify): 10 Name of Federal Agency: 11. Catalog of Federal Domestic Assistance Number: CFDA 16.710 CFDA Title: Public Safety Partnership And Community Policing Grants 12 Funding Opportunity Number: COPS -CHRP- 2009 -1 Title: CHRP 13. Competition Identification Number: Title: COPS Hiring Recovery Program 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Tukwila, WA Office of Community Oriented Policing Services 15. Descriptive Title of Applicant's Project: Continue and Increase Community Oriented Policing in Tukwila by Hiring New Officers Application for Federal Assistance SF-424 16. Congressional Districts Of: a. Applicant: 7, 11 17. Proposed Project: a. Start Date: 7/1/2009 18. Estimated Funding a. Federal 2475488 b. Applicant c. State d. Local e. Other f. Program Income g. TOTAL 2475488 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on LI b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E. O. 12372 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes provide explanation.) Yes No I AGREE b. Program /Project: 7, 11 b. End Date: 6/30/2012 Version 02 21. By signing this application, I certify (1) to the statements contained in the list of certifications and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) By clicking this box and typing my name below, I also certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and /or any other remedy available by law to the federal govemment. The certifications and assurances as well as grant terms and conditions can be reviewed at www.cops.usdoj Authorized Representative: Prefix: First Name: Michael Middle Name: Last Name: Villa Suffix: Title: Assistant Chief of Police Telephone Number: 2064331815 Fax Number: 2064337197 Email: mvilla @ci.tukwila.wa.us Signature (Typed Name) of Authorized Representative: Micheal Villa Date Signed: 4/6/2009 Application for Federal Assistance SF-424 Version 02 Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. Tukwila Police Department OMB Number: 1103 -0098 Expiration Date: 09/30/2009 WA01723 COPS Hiring Recovery Program (CHRP) Application COPS Application Attachment to SF -424 The COPS Hiring Recovery Program (CHRP) is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime- prevention efforts. CHRP funding is available to hire full -time career law enforcement officers. There is no local matching requirement, but grant funding will be based on your agency's current entry -level salaries and benefits for sworn officer positions. Any additional costs for higher salaries and benefits for positions hired under the CHRP grant must be paid for by the grantee agency. In preparing your agency's grant application, please be advised that grantees are prohibited from reducing state, local, or tribal funding for sworn officer positions as a direct result of applying for and/or receiving this CHRP grant. Instead, this program is intended to supplement the amount of state, local, or tribal funding that your agency would otherwise be able to budget for sworn officer positions. In addition, at the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant. The retained CHRP funded positions should be added to your agency's law enforcement budget with state and/or local funds, over and above the number of locally funded sworn officer positions that would have existed in the absence of the grant. To the extent possible, all data should come from a publicly verifiable source, and documentation may be requested by the COPS Office. This information will be used to evaluate your jurisdiction's need for federal assistance to address its public safety needs and to preserve and create jobs. SECTION 1: EXECUTIVE INFORMATION Note: Listing individuals without ultimate programmatic and financial authority for the grant could delay the review of your application, or remove your application from consideration. A. Applicant ORI Number: WA01723 B. Applicant DUNS Number: 010207504 A Data Universal Numbering System (DUNS) number is required. A DUNS number is a unique nine -digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. For more information about how to obtain a DUNS number, please refer to the How to Apply section of the COPS Application Guide. C. Central Contractor Registration (CCR) All applicants are required to maintain current registrations in the Central Contractor Registration (CCR) database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub recipients. For more information about how to register with the CCR, please refer to the How to Apply section of the COPS Application Guide. Please note that applicants must update or renew their CCR at least once per year to maintain an active status. Does your agency have an active registration with the Central Contractor Registry? Yes is No If no, will your agency agree to have an active registration with the Central Contractor Registry before any COPS grant funding is awarded? Yes No D. GNIS ID: 2412106 Please enter your Geographic Names Information System (GNIS) Identification Number. This is a unique ID assigned to all geographic entities by the U.S. Geological Survey. To look up your GNIS Feature ID, please go to the website: http: /.geonames.usgs.gov /domestic /index.html. For more information about how to obtain a GNIS number, please refer to the How to Apply section of the CHRP Application Guide. E. Law Enforcement Executive/Program Official Information: For Law Enforcement Agencies: Enter the law enforcement executive's name and contact information. This is the highest ranking law enforcement official within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent). Title: Chief of Police First Name: David MI: W Last Name: Haynes Suffix: Agency Name: Tukwila Police Department Street Address 1: 6200 Southcenter Boulevard Street Address 2: City: Tukwila State: WA Zip: 98188 Telephone: 2064331812 Fax: 2064337197 Email: dhaynes @ci.tukwila.wa.us Type of Agency: Police F. Government Executive/Financial Official Information: For Government Agencies: Enter the government executive's name and contact information. This is the highest ranking official within your jurisdiction (e.g., Mayor, City Administrator, Tribal Chairman, or equivalent). Title: Mayor First Name: Jim MI: Last Name: Haggerton Suffix: Agency Name: City of Tukwila Street Address 1: 6200 Southcenter Boulevard Street Address 2: City: Tukwila State: WA Zip: 98188 Telephone: 2064331805 Fax: 2064331833 Email: mayor @ci.tukwila.wa.us Type of Agency: City SECTION 2: GENERAL AGENCY INFORMATION A. General Applicant Information Department of Transportation WA01723 Enter your jurisdiction's Cognizant Federal Agency. A Cognizant Federal Agency, generally, is the federal agency from which your jurisdiction receives the most federal funding. Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget. 2. Fiscal Year: 1/1/2009 to 12/31/2009 (mo /day /yr) Enter your jurisdiction's fiscal year. 3. Jurisdictional population as of the 2000 U.S. Census: Check here if the jurisdictional population is not represented by U.S. Census figures (e.g., colleges, special agencies, school police departments, etc.). (If checked, skip Question 4 and go to Question 5) 4. Enter the total jurisdictional population as of the 2007 Census Estimate. The Census Estimate can be looked up in the American FactFinder at http: //FactFinder.census.gov. El 17230 5. If the jurisdictional population is not represented by U.S. Census figures, please indicate the size of the population in 2007: Please indicate the source of this estimate: 17181 6. Do officers have primary law enforcement authority for this entire jurisdictional population? [An agency with primary law enforcement authority is defined as the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of crime within its jurisdiction.] Yes No a) If NO, what is the actual population for which your department has primary law enforcement authority? For example, your service population may be the 2007 Census Estimate minus the population of the incorporated towns and cities that have their own police departments within your geographic boundaries. B. Law Enforcement Agency Information 1. Enter the Current Fiscal Year Budgeted Sworn Force Strength: Full -time: 68 Part-time: 0 The budgeted number of sworn officer positions is the number of sworn positions your agency has funded within its budget, including state, Bureau of Indian Affairs, and locally funded vacancies. Do not include unfunded vacancies or unpaid /reserve officers. WA01723 2. Enter the Actual Sworn Force Strength as of the Date of This Application: Full -time: 67 Part-time: 0 The actual number of sworn officer positions is the actual number of sworn positions employed by your agency as of the date of this application. Do not include funded but currently vacant positions or unpaid positions. SECTION 3: CHRP PROGRAM REQUEST WA01723 Your agency may apply for COPS funds to use on or after the official grant award start date to hire new, additional officer positions (including filling existing unfunded vacancies) or rehire officers who have already been laid off, or are currently scheduled to be laid off on a future date, as a result of state, local or tribal budget reductions. Please base your application request on your agency's current anticipated needs for funding in these primary categories. Please also be mindful of the initial three -year grant period and your agency's ability to fill and retain the officer positions awarded, while following your agency's established hiring policies and procedures. As described in detail in the CHRP Application Guide, it is imperative that applicants understand that the COPS statute nonsupplanting requirement mandates that CHRP funds may be used only to supplement (increase) a grantee's law enforcement budget for sworn officer positions and may not supplant (replace) state, local, or tribal funds that a grantee otherwise would have spent on officer positions if it had not received a CHRP award. This means that if your agency plans to: (a) Hire new officer positions (including filling existing officer vacancies that are no longer funded in your agency's budget): It must hire these additional positions on or after the official grant award start date, above its current budgeted (funded) level of sworn officer positions, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; (b) Rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget cuts: It must rehire the officers on or after the official grant award start date, maintain documentation showing the date(s) that the positions were laid off and rehired, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual; (c) Rehire officers who are (at the time of application) currently scheduled to be laid off on a future date as a result of state, local, or tribal budget cuts: It must continue to fund the officers with its own funds from the grant award start date until the date of the scheduled lay -off (for example, if the CHRP award start date is September 1 and the lay -off is scheduled for November 1, then the CHRP funds may not be used to fund the officers until November 1, the date of the scheduled lay -off), identify the number and date(s) of the scheduled lay off(s) in this application [see below], maintain documentation showing the date(s) and reason(s) for the lay -off, and otherwise comply with the nonsupplanting requirement as described in detail in the CHRP Application Guide and Grant Owner's Manual. [Please note that as long as your agency can document the date that the lay off(s) would occur if the CHRP funds were not available, it may transfer the officers to the CHRP funding on or immediately after the date of the lay- off without formally completing the administrative steps associated with a lay -off for each individual officer.] Documentation that may be used to prove that scheduled lay -offs are occurring for local economic reasons that are unrelated to the availability of CHRP grant funds may include (but are not limited to) council or departmental meeting minutes, memoranda, notices, or orders discussing the lay -offs; notices provided to the individual officers regarding the date(s) of the lay -offs; and/or budget documents ordering departmental and/or jurisdiction -wide budget cuts. These records must be maintained with your agency's CHRP grant records during the grant period and for three years following the official closeout of the CHRP grant in the event of an audit, monitoring, or other evaluation of your grant compliance. How many CHRP sworn officer positions is your agency requesting (total)? 3 How many of the positions will be: (a) To hire new, additional officer positions (including to fill existing vacancies that are no longer funded in your agency's budget)? 3 (b) To rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget reductions? 0 If your agency has planned multiple future lay -off dates, please use the additional space below: Positions) Date of the scheduled lay -off for these officers Positions) Date of the scheduled lay -off for these officers Snecial Reminder for Rehired Officers: The CHRP program awards funding based on your agency's entry -level salary and benefits package. Any additional (higher than entry- level) salary and benefits expenses for rehired officers must be paid by your agency. WA01723 When completing the questions below, please base your responses on your agency's current (at the time of application) needs for funding in the three hiring categories (new hires, rehires of previously laid off officers, and rehiring officers who are scheduled to be laid off on a specific future date). CHRP grant awards will be made for officer positions requested in each of these three categories and recipients of CHRP awards are required to use awarded funds for the specific categories awarded. During the review of your agency's application, if the COPS Office reduces the number of positions you requested in the application, the COPS Office may contact you to obtain a new number of officer positions requested in each category. (c) To rehire officers who are (at the time of application) currently scheduled to be laid off on a specific future date as a result of state, local, or tribal budget reductions? 0 Positions) Date of the scheduled lay -off for these officers Certification Regarding Scheduled Lav -Offs: If your agency plans to use CHRP funds to rehire officers who are currently scheduled to be laid off on a future date (under category c above), please certify (by checking the appropriate boxes) to the following: Certification: CURRENT FISCAL YEAR (2009) $13,809,255.00 PREVIOUS FISCAL YEAR (2008) $12,552,739.00 PREVIOUS FISCAL YEAR (2007) $11,993,986.00 2) Enter the total jurisdictional (city, county, state, tribal) operating budget for the current AND previous two fiscal years. CURRENT FISCAL YEAR (2009) $47,333,255.00 PREVIOUS FISCAL YEAR (2008) $44,849,643.00 PREVIOUS FISCAL YEAR (2007) $42,169,640.00 WA01723 El My agency has and will maintain documentation showing the date(s) of the scheduled lay off(s) and demonstrating that the scheduled lay off(s) is /are occurring for fiscal reasons that are unrelated to the availability or receipt of CHRP grant funds (as described above). El My agency will use its own funds to continue funding these officers until the scheduled date(s) of the lay off(s) and will use CHRP funds to rehire these officers only on or after the scheduled date of the lay off(s). 0 My agency recognizes that the CHRP program provides funding based on our entry-level salary and benefits package and that any additional costs for rehired officers beyond entry-level are our responsibility to pay with other sources of funding. If an applicant receives an award, and after receiving the awards needs to change the hiring categories, it must request a post -award grant modification to change the categories of hiring and receive prior approval before spending CHRP funding by calling the COPS Office Response Center at 1- 800 421 -6770. The American Recovery and Reinvestment Act (Recovery Act) requires grantees to report their financial and programmatic progress within 10 days after the end of each calendar quarter. The Recovery Act reporting requirements are in addition to quarterly financial status report and quarterly programmatic progress report requirements. The COPS Office plans to request information from grantees consistent with Section 1512 of the Recovery Act, including collecting information on the number of new jobs created and the number of jobs preserved using CHRP funding. Awarded agencies will be required to submit information in a timely manner as a condition of the award. The COPS Office is then required to post data from grantee reports to Recovery.gov. Please be advised that the submission of programmatic and financial reports on a timely basis is a significant condition of the CHRP grant and a violation of the grant requirement may result in termination of grant funding or other remedies. In order to aid in compliance with the reporting requirements, awarded agencies should be prepared to track and report CHRP funding separately from other funding sources (including other COPS and federal grants) to ensure accurate financial and programmatic reporting on a timely basis. Your agency should ensure that you have financial internal controls in place to monitor the use of CHRP funding and ensure that its use is consistent with grant terms and conditions. Good practices in this area would include written accounting practices, an accounting system that tracks all drawdowns and grant expenditures, and the ability to track when each CHRP position funded is filled or vacant (including if the position was for a new hire or a re- hire). SECTION 4: NEED FOR FEDERAL ASSISTANCE 1) Enter your law enforcement agency's total operating budget for the current AND previous two fiscal years. 3) Enter the total jurisdictional (city, county, state, tribal) locally generated revenues for the current AND previous two fiscal years. Locally generated revenues may include locally generated property taxes, sales taxes and other taxes and revenue sources (for example, transportation taxes, transient lodging taxes, licensing fees, other non property taxes and franchise taxes). CURRENT FISCAL YEAR (2009) $50,000,000.00 PREVIOUS FISCAL YEAR (2008) $48,897,760.00 PREVIOUS FISCAL YEAR (2007) $53,356,351.00 4) Enter the total jurisdictional (city, county, state, tribal) general fund balance for the current and previous two fiscal years. CURRENT FISCAL YEAR (2009) $5,400,000.00 PREVIOUS FISCAL YEAR (2008) $7,682,776.00 PREVIOUS FISCAL YEAR (2007) $10,517,038.00 5) Since January 1, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through lay -offs: Civilian Law Enforcement Agency Personnel 0.00 Sworn Law Enforcement Agency Personnel 0.00 Other Government Agency Personnel 0.00 6) Since January 1, 2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through furloughs that have lasted or are scheduled to last a minimum of forty hours over the course of a fiscal year: Civilian Law Enforcement Agency Personnel 0.00 Sworn Law Enforcement Agency Personnel 0.00 Other Government Agency Personnel 0.00 7) Since January 1, 2008 what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced due to official policies that limit your jurisdiction's ability to fill vacancies (i.e., hiring freezes): Civilian Law Enforcement Agency Personnel 0.00 Sworn Law Enforcement Agency Personnel 0.00 Other Government Agency Personnel 0.00 8) The U.S. Census Bureau American Community Survey (ACS) provides multi -year poverty rate estimates for communities. For jurisdictions with a Census population greater than 20,000, please go to the U.S. Census Bureau's American FactFinder (http: //FactFinder.census.gov) to determine the percent of families in poverty in your jurisdiction based on the 2005 -2007 ACS. For jurisdictions below 20,000 in population or not represented in the U.S. Census, please select the nearest best match for your jurisdiction (for example, the county in which your jurisdiction is located). Please see the CHRP Application Guide for additional information and help in using the American FactFinder. Percent of families in poverty 8.80 WA01723 9) The Bureau of Labor Statistic's' Local Area Unemployment Statistics (LAUS) program provides monthly estimates of unemployment for communities. Please go to the Bureau of Labor Statistics' LAUS website: (www.bls.gov/lau/data.htm) to find detailed instructions for looking up your local area's unemployment rate. As with the previous question, it may be necessary to select the nearest best match to your jurisdiction (for example, a city of fewer than 25,000 people may report their county level rate). Please see the CHRP Application Guide for additional information and help in using the LAUS data. Percentage unemployed for January 2009 7.50 Percentage unemployed for January 2008 4.10 10) Indicate your jurisdiction's estimated residential property foreclosure rate for calendar year 2008. This rate should be calculated as the total number of new default and auction foreclosure filings and new bank owned foreclosures (REOs) in 2008 divided by the total number of residential households. 0.00 Check here if the information necessary to calculate this rate is unavailable. 11) Indicate if your jurisdiction has experienced any of the following events since January 1, 2008: Military base closure or realignment. A declaration of natural or other major disaster or emergency has been made pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (42 U.S.C. 5121 et seq.) A declaration as an economically or financially distressed area by the state in which the applicant is located. Downgrading of the applicant's bond rating by a major rating agency. Has filed for or been declared bankrupt by a court of law. Has been placed in receivership or its functional equivalent by the state or federal government. Yes No WA01723 12) Indicate if, since January 1, 2008, your jurisdiction has experienced an unplanned, non recurring, capital outlay or unanticipated loss of revenue that has had a significant negative impact on your jurisdiction's fiscal health. 12a) If YES, please express the cost of this event as a percentage of your total current operating budget 0.00 and please describe the event (please limit to 350 characters): 13) Using UCR crime definitions enter the actual number of incidents reported to your jurisdiction in calendar year 2008 for the following crime types: Criminal Homicide: 7 Forcible Rape: 15 Robbery: 91 Aggravated Assault: 68 Burglary: 374 Larceny (except motor vehicle theft): 2038 Motor Vehicle Theft: 409 *Note: If your agency currently reports to NIBRS, or does not report crime incident totals at all, please ensure that your data is converted to UCR Summary Data style. Please see the CHRP Application Guide or the FBI's UCR Handbook www. fbi. gov/ ucr/handbook/ucrhandbook04.pdf) for more information. SECTION 5: LAW ENFORCEMENT COMMUNITY POLICING STRATEGY Proposed Community Policing Plan COPS grants must be used to initiate or enhance community policing activities. Please complete the following questions to describe the types of community policing activities that will result from CHRP funding. You may find more detailed information about community policing at the COPS Office web site http://www.cops.usdoj.gov/Default.asp?Item=36. Community Partnerships Community partnerships are on -going collaborative relationships between the law enforcement agency and the individuals and organizations they serve to both develop solutions to problems and increase trust in the police. My agency: P1) Regularly distributes relevant crime and disorder information to community members. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant in WA01723 P2) Routinely seeks input from the community to identify and prioritize neighborhood problems (e.g., through regularly scheduled community meetings, annual community surveys, etc.). a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant Ei P3) Regularly collaborates with other local government agencies that deliver public services. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant P4) Regularly collaborates with non profit organizations and/or community groups. in a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant El c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant P5) Regularly collaborates with local businesses. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant Ei P6) Regularly collaborates with informal neighborhood groups and resident associations. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant in WA01723 Problem Solving Problem solving is an analytical process for systematically 1) identifying and prioritizing problems, 2) analyzing problems, 3) responding to problems, and 4) evaluating problem solving initiatives. Problem solving involves an agency -wide commitment to go beyond traditional police responses to crime to proactively address a multitude of problems that adversely affect quality of life. My agency: PS 1) Routinely incorporates problem- solving principles into patrol work. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant PS2) Identifies and prioritizes crime and disorder problems through the routine examination of patterns and trends involving repeat victims, offenders, and locations. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant d) currently does, and plans to expand/enhance under this grant PS3) Routinely explores the underlying factors and conditions that contribute to crime and disorder problems. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant PS4) Systematically tailors responses to crime and disorder problems to address their underlying conditions. c) currently does, and plans to continue doing under this grant a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant PS5) Regularly conducts assessments to determine the effectiveness of responses to crime and disorder problems. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant WA01723 Organizational Transformation Organizational transformation is the alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem solving efforts. My agency: OC1) Incorporates community policing principles into the agency's mission statement and strategic plan. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant El c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant 0C2) Practices community policing as an agency -wide effort involving all staff (i.e., not solely housed in a specialized unit). a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant 0C3) Incorporates problem solving and partnership activities into personnel performance evaluations. a) does not currently do, and has no plans to implement under this grant b) does not currently do, and plans to initiate under this grant c) currently does, and plans to continue doing under this grant d) currently does, and plans to expand/enhance under this grant WA01723 Community Policing Plan Narrative (please limit to 2,000 characters) Please describe your agency's implementation plan for this program (if awarded), with specific reference to each of the following elements of community policing: (a) community partnerships and support, including consultation with community groups, private agencies, and /or other public agencies; (b) related governmental and community initiatives that complement your agency's proposed use of CHRP funding; and (c) organizational transformation how your agency will use these funds, if awarded, to reorient its mission to community policing or enhance its involvement in and commitment to community policing. This narrative will not be scored for selection purposes but serves, along with the previous questions, as your agency's community policing plan. Your organization may be audited or monitored to ensure that it is initiating or enhancing community policing in accordance with this plan. The COPS Office may also use this information to understand the needs of the field, and potentially provide for training, technical assistance, problem solving and community policing implementation tools. If your organization receives this CHRP grant funding, these responses will be considered as your organization's community policing plan. We understand that your community policing needs may change during the life of your CHRP grant (if awarded), and minor changes to this plan may be made without prior approval of the COPS Office. We also recognize that this plan may incorporate a broad range of possible community policing strategies and activities, and that your agency may implement particular community policing strategies from the plan on an as- needed basis throughout the life of the grant. If your agency's community policing plan changes significantly, however, you must submit those changes in writing to the COPS Office for approval. Changes are "significant" if they deviate from the range of possible community policing activities identified and approved in this original community policing plan submitted with your application. COMMUNITY ORIENTED POLICING PROPOSAL —NEW HIRES We propose adding eight new positions —one commander, one sergeant, five officers, and one traffic officer to the Police Department to maintain and enhance community oriented policing in Tukwila. All of these positions are part of the Police Department's strategic plan to address law enforcement issues in the community. The positions were requested in the 2009/2010 proposed biennial budget; however, local funding was not available and the positions were not approved at that time. City of Tukwila The city of Tukwila is very unique. Our resident population is just under 18,000, our daytime population hovers at 150,000, and our crime rate is comparable nationally to a city with 86,000 residents. Tukwila is the host of the largest shopping mall in the Pacific Northwest, two major interstates intersect in Tukwila, we border Seattle to our north, and SeaTac International Airport sits to our south, over 50% of Tukwila households live in multi family units, we have the 2nd highest poverty rate for cities in King County, and there are over 62 different languages spoken in our school district. In such a diverse and challenging environment, community oriented policing has become a necessary philosophy within our department and city. Officers throughout our department are regularly engaged in partnerships and problem solving. Our mission, drafted by the members of the department, "is to improve the quality of life for all through community partnerships and problem solving to promote safe, secure neighborhoods." Community Oriented Policing Programs WA01723 Community Oriented Policing is our day -to -day philosophy; however, to enhance partnering and problem solving we have implemented several programs, formed and chair action committees, and partner with many community based groups. Tukwila has had an active Crime Free Rental Housing program for more than 10 years. This 3 -part program includes training for rental owners /managers, CPTED inspections for all participating properties and crime prevention information for residents. The goal of this program is to open communications and encourage cooperation between rental management and the police department. The city is an active participant in National Night Out Against Crime. In this city of under 18,000 in population and only 8.5 square miles, it is not unusual to have 20 or more NOAC events on the first Tuesday in August. Block watch groups are provided training on crime prevention and how to most effectively partner with the police to reduce criminal activity in their neighborhoods. As a part of the strong value the Tukwila Police Department puts on community outreach, a Citizen's Police Academy is offered twice a year. This program allows citizens to see inside the Tukwila Police Department and understand what officers do on a regular basis. The Community Oriented Citizens Advisory Board includes citizen, business, school board, and student representation that collaborate directly with the Police Chief on community issues and problems. A police representative chairs the Hot Spots team with a mission to addresses quality of life issues in the community using a focused multi department approach. Command staff, patrol officers, crime prevention, and non commissioned employees cooperate with city administration, fire personnel, planning, code enforcement, and legal staff to identify problem areas in the city and develop and implement solutions. Representatives from the Police Department regularly meet with citizens and businesses from the Tukwila International Boulevard Action Committee, Citizens without borders, school district, the Tukwila Apartment Managers and Owners, and the East African Community Council in order to work together to address community problems. In order to maintain and enhance these efforts we are requesting COPS funding. We are committed to cover all ancillary costs during and all expenses for a minimum of one year after the grant period for the positions authorized. Maintaining and Enhancing COP The Tukwila Police Department is staffed with 68 full time commissioned employees and 14 civilian employees. There are two divisions in the police department, Investigate Services Division (ISD) and Patrol. An assistant chief oversees each of the divisions. Patrol has two commanders that manage the patrol operations. A records manager and a commander manage ISD. The commander oversees the Major Crimes Unit, Tukwila Anti -Crime Team, and the Crime Prevention Resource Team (CPRT). Crime Prevention Resource Commander We are proposing creating a new commander position that would oversee CPRT. A sergeant, school resource officer, crime prevention officer, training officer, accreditation officer, and community policing coordinator work on the CPRT. This team supports many of the community programs mentioned earlier. A commander in this position would give us the administrative oversight to ensure that we continue and enhance the existing programs as well as develop new programs, partnerships, and problem solving strategies that continue to define us as a community oriented policing department. One example of an area of focus for this commander is that of building relationships and developing policing strategies for our diverse population. Remade in America ranked the Tukwila School District the #1 Most Diverse District in the nation from statistics (2006) they obtained from the U.S. Department of Education. Another area of oversight and development is working with the community, other city departments, private entities, and government agencies in preparation for natural or man made disasters partnerships being a key component. Currently this responsibility is delegated on an as need basis to one of the commanders dependant on work load or not met at all. The creation of this new position will also allow the current ISD commander the ability to focus on managing and directing the MCU and TAC team. These two units investigate felony crimes such as homicides, robberies, narcotic violations, and sexual assaults on children. The city is willing to pay the difference between the entry level salary and benefit funding provided by the grant and the rank of commander as well as all the ancillary cost associated with this position. Tukwila Urban District Four sergeants and 32 patrol officers work in the Patrol Division. Staffing levels provide five officers and a sergeant at any given time. The city is geographically divided into five patrol districts. The T -3 urban district has over 1,200 businesses and 50 restaurants covering over 14 million square feet. It includes Westfield Shopping mall, the largest mall in the Pacific Northwest. This mall draws over 11,000,000 customers per year. On average 100,000 persons visit our urban center each day. The T -3 district density and retail has significantly expanded over the years and especially in 2007 and 2008 with new developments and the Westfield expansion of 400,000 square feet and 75 new retail stores. Our staffing levels however have remained unchanged, as there have been insufficient revenues to fund new positions. The T -3 district accounts for 34% of our calls for service between 11:00 AM and 11:00 PM on any given day. Officers take 37% of all cases citywide in the T -3. Due to this level of activity officers are pulled from other residential, commercial, and retail areas. Only 25% of the time do we have more than five patrol officers working; therefore, three patrol officers service four districts while two officers service the T -3. Our goal of this proposal is to provide adequate resources for the T -3 district while improving service levels and COP efforts in the other districts wherein are located residents, business owners, visitors, and government entiti CP1) To what extent is there community support in your jurisdiction for implementing the proposed grant activities? a) Minimal support b) Moderate support c) High level of support Ei CP2) If awarded, to what extent will the grant activities impact the other components of the criminal justice system in your jurisdiction? a) Potentially increased burden b) No change in burden c) Potentially decreased burden WA01723 SECTION 6: CONTINUATION OF PROJECT AFTER FEDERAL FUNDING ENDS Applicants must plan to retain all sworn officer positions awarded under the CHRP grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each position. The retained CHRP funded positions should be added to your agency's law enforcement budget with state and/or local funds at the end of grant funding, over and above the number of locally funded sworn officer positions that would have existed in the absence of the grant. At the time of grant application, applicants must affirm that they plan to retain the positions and identify the planned source(s) of retention funding. We understand that your agency's source(s) of retention funding may change during the life of the grant. Your agency should maintain proper documentation of any changes in the event of an audit, monitoring or other evaluation of your grant compliance. Please refer to the frequently asked questions on retention which can be found here http ://www. cops .us doj gov/Default. asp ?Item =2115. Has your agency planned to retain all additional sworn officer positions under this grant for a minimum of 12 months at the conclusion of 36 months of federal funding for each position? Please identify the source(s) of funding that your agency plans to utilize to cover the costs of retention from the drop -down box listed below: El Yes No General funds Raise bond/tax issue Asset forfeiture funds Private sources /donations Fundraising efforts 111 Other (Please provide a brief description of the source(s) of funding not to exceed 75 words.) Section 7: Budget Detail Worksheets Instructions: This worksheet will assist your agency in reporting your agency's current entry -level salary and benefits costs and identifying your agency's total three -year salary and benefits request per officer position. Please list the current entry -level base salary and fringe benefits rounded to the nearest whole dollar for one full -time sworn officer position within your agency. Do not include employee contributions. Please complete the budget worksheet(s) based on your agency's current annual first year entrylevel salary and benefit package for your locally funded officer positions. Please be advised that CHRP funding must only pay for entry -level salaries and benefits. Any additional costs incurred for higher than entry -level salaries and benefits for officers hired under the CHRP grant will be your agency's responsibility. Note: Part -time positions will not be funded Please refer to the CHRP Application Guide for additional information. WA01723 A. SWORN OFFICER POSITIONS Instructions: Please complete the questions below based on your agency's current first year entry level salary and benefits package for your locally funded officers. [You will be asked to project Year 2 and Year 3 increases below.] Part 1: Full -Time Sworn Officer Information A Current First Year Entry -Level Base Salary for One Sworn Officer Position $58,752.00 Please calculate the fringe benefit costs below based on the first year entry -level benefits for one sworn officer position. B FRINGE BENEFITS: Cost: OF BASE: ADDITIONAL INFORMATION: Social Security $3,643.00 6.20 Exempt: Fixed: Cannot exceed 6.2% of Total Base Salary. If less than 6.2 exempt, or fixed rate, provide an explanation in "Part 2: Full -Time Sworn Officer Information Medicare $852.00 1.45 Exempt: Fixed: WA01723 Cannot exceed 1.45% of Total Base Salary. If less than 1.45% exempt, or fixed rate, provide an explanation in the "Sworn Officer Position Budget Summary." Health Insurance $23,650.00 40.25 Life Insurance $120.00 0.20 Vacation $0.00 0.00 Number of Hours Annually: 96 Sick Leave $0.00 0.00 Number of Hours Annually: 96 Retirement $3,173.00 5.40 Worker's Compensation $400.00 0.68 Exempt: Unemployment Insurance $0.00 0.00 Exempt: X Other Holiday Pay Cost: $1,807.00 Describe: Year one, only 6 months of holiday pay of Base: 3.08 Other Cost: Describe: of Base: 0.00 Other Cost: Describe: of Base: 0.00 Total Current First Year Entry -Level Benefits for One Sworn Officer Position $33,645.00 C Total Year 1 Salary Total Year 1 Benefits $92,397.00 Based on the current first year full -time entry -level salaries and fringe benefits, please project Year 2 and Year 3 increases and use these figures to calculate the full three -year salary and benefits amounts per sworn officer position that you are requesting through the CHRP grant. Your agency must maintain records documenting how it calculated its Year 2 and Year 3 projections (and, accordingly, its total three -year salary and benefits amounts per officer position) in its CHRP grant records throughout the grant period and for three years following the official closeout of the COPS grant in the event of an audit, monitoring, or other evaluation of your grant compliance Year 2 Total Year 2 entry -level salary for one sworn officer position: Total Year 2 entry -level benefits for one sworn officer position: Year 3 Total Year 3 entry -level salary for one sworn officer position: Total Year 3 entry -level benefits for one sworn officer position: Total Three -Year Salary for one officer position: $192,387.00 X Number of Sworn Positions Requested: 3 Total Three -Year Salary Project Cost $577,161.00 Total Three- Year Benefits for one officer position: $117,049.00 X Number of Sworn Positions Requested: 3 Total Three -Year Benefits Project Cost $351,147.00 Total Three -Year Salary and Benefits for one Officer: Position: $309,436.00 X Number of Sworn Positions Requested: 3 Total Project Cost $928,308.00 WA01723 $64,008.00 $39,855.00 $69,627.00 $43,549.00 Part 2: Full -Time Sworn Officer Information After completing Part 1 of this budget worksheet, answer the following questions. Be sure to answer EVERY question. Missing or erroneous information could delay the review of your agency's request. 1. If your agency's second and /or third -year costs for salaries and /or fringe benefits increase after the first year, check the reason(s) why in the space below: Cost of living adjustment (COLA) Step raises Change in benefit costs Other please explain briefly: 2. If an explanation is required for any of the following categories, please provide in the space below: 1) Social Security: 2) Medicare: WA01723 BUDGET SUMMARY Budget Category A. Sworn Officer Positions First Name: Last Name: Title: Phone: Email: Total Project Amount: Total Federal Share Amount: Line 1 $928,308.00 Peggy McCarthy Assistant Finance Director 206 433 -1800 pmccarthy @ci.tukwila.wa.us Category Total $928,308.00 5928,308.00 Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: WA01723 SECTION 8: ASSURANCES WA01723 Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421 -6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriategoverning body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. 1501 ,et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller Generalaccess to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular A -87), 2 CFR 220 (OMB Circular A -21), 2 CFR Part 230 (OMB Circular A -1 22) and 48 CFR Part 31.000, et seq. (FAR 31.2) (governing cost priniciples); OMB Circular A -1 33 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners Manuals; and with all other applicable program requirements, laws,orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. 3789d); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d); the Indian Civil Rights Act (25 U.S.C. 1301- 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.); and Department of Justice Non Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulatins. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. If your organization has received an award for $500,000 or more and has 50 or more employees, then it has to prepare an EEOP and submit it to the Office for Civil Rights "OCR Office of Justice Programs, 810 7th Street, N.W., Washington, DC 20531, for review within 60 days of the notification of the award. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organizatinhas to complete Section B of the Certification Form and return it to OCR. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117, pages 41455 41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12. It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on -the -job seat belt policies and programs for employees when operating agency owned, rented or personally -owned vehicles. 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of 12 months following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the Anti- Lobby Act, 18 U.S.C. 1913. 18. In the event that a portion of grant reimbursements are seized to pay off delinquent federal debts through the Treasury Offset Program or other debt collection process, it agrees to increase the non federal share (or, if the awarded grant does not contain a cost sharing requirement, contribute a non federal share) equal to the amount seized in order to fully implement the grant project. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. David Haynes 4/13/2009 Typed Name of Law Enforcement Executive (or Official with Programmatic Authority, as applicable) By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Typed Name of Government Enforcement Executive (or Official with Financial Authority, as applicable) Date Jim Haggerton 4/13/2009 Date WA01723 SECTION 9: CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements Coordination with Affected Agencies. WA01723 Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "Government -Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government -Wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B.If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Section 2867.437 A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three -year period preceding this application been convicted of or had a civi 1 judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility. (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three -year period preceding this application had one or more public transactions (federal, state or local) terminated forcause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510 A. The applicant certifies that it will, or will continue to, provide a drugfree workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and speci fying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug -abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv) (b), with respect to any employee who is so convicted (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Tukwila, WA Check if there are workplaces on file that are not identified here. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address: Tukwila Police Department Grantee IRS/ Vendor Number: False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. David Haynes 4/13/2009 Typed Name of Law Enforcement Executive Date (or Official with Programmatic Authority, as applicable) By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Jim Haggerton 4/13/2009 Typed Name of Government Executive Date (or Official with Programmatic Authority, as applicable) WA01723 SECTION 10: Disclosure of Lobbying Activities Instructions for Completion of SF -LLL, Disclosure of Lobbying Activities WA01723 This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Depat tuient of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commit 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFPD E -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identified in item 4 to influence the covered Federal action. (b) Enter the full name(s) of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352. Not Applicable If not applicable, then entire form, including signature area is grayed -out 1. Type of Federal Action: El contract loan bid/offer /application initial filing grant loan guarantee initial award material change cooperative agreement loan insurance post -award For Material Change Only: 4. Name and Address of Reporting Entity: Prime Subawardee Tier if known: Congressional District (number), if known: City of Tukwila, 6200 Southcenter Boulevard, Tukwila WA 98188 Congressional District if known 6. Federal Department /Agency: USDOJCOPS 8. Federal Action Number, if known: 2. Status of Federal Action: 3. Report Type Year: Quarter: Date of Report: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: 7. Federal Program Name/Description: CFDA Number, if applicable: 16.710 9. Award Amount, if known: 10. a. Name and Address of Lobbying 10. b. Individuals Performing Services (f individual, last name, first name, MI): (including address if different from No.1 Oa) (last name, first name, MI): Ball Janik LLP, 1455 F. Street NW, Ste 225, Washington, Hiemstra, Ha L Giguere, Michelle DC 20005 Registrant 11. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Typed Name: Michael S. Villa Title: Assistant Chief of Police Phone: 206 433 -1815 Date: 4/13/2009 Federal Use Only: Authorized for Local Reproduction, Standard Form LLL WA01723 SECTION 11: CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS The signatures of the Law Enforcement Executive/Program Official and Government Executive/Financial Official, and any applicable program partners on the Certification of Review and Representation of Compliance with Requirements: Person Submitting this Application By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: Michael S. Villa WA01723 1) Assures the COPS Office that the applicant will comply with all legal, administrative, and programmatic applicant for acceptance and use of federal funds as outlined in the applicable COPS Application Guide; AND 2) Attests to the accuracy of the information submitted with this application (including the Budget Detail Worksheets). The signatures on this application must be made by the actual executives named on this application unless there is an officially documented authorization for a delegated signature. If your jurisdiction has such an official document, it must be attached to this application. Applications with missing, incomplete, or inaccurate signatories or responses may not be considered for funding. Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws, and/or is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a COPS Office compliance investigation concerning a current grant award. Law Enforcement Executive By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: David Haynes Government Executive By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Please type your name here in place of your signature: Jim Haggerton WA01723 FINANCE AND SAFETY COMMITTEE Meeting Minutes September 9, 2009 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn Staff: Shawn Hunstock, David Haynes, Rhonda Berry, Phi Huynh, Mary Miotke, Frank Iriarte, Nick Olivas, Katherine Kertzman, Derek Speck, and Melissa Hart Guests: Jeremy Eide, Jeff Robinson, City of SeaTac Economic Development Administrator CALL TO ORDER: Chair Linder called the meeting to order at 5:04 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. City of Tukwila Finance and Safety Committee Acceptance of COPS Grant Staff is seeking full Council approval to accept the grant award in the amount of $928,308. In April, the Police Department submitted a grant application request funding for eight officers, a Crime Prevention Commander, a traffic Officer, and a six person Urban District team. In August, the Police Department received notification of an award for three officers for 36 months. The total anticipated cost for the four year period is $1,942,752. The Grant revenue equals $928,308 with a balance of $$1,014,444 funded by the City. The budget appropriation required for the 2009/2010 budget is $288,485. The award must be accepted by the Mayor on or before October 26, 2009. Staff utilized a PowerPoint presentation on the following: 36 Months of funding, capped at $928,308 12 months using local funding for 4th year Extensions for delays and breaks in service may be requested Program modifications must be approved by Department of Justice Officers must engage in Community Oriented Policing (description on the grant application) Three Person Team One Sergeant Two Officers Urban District Peak Hours; approximately 11:00 AM to 11:00 PM Tukwila Urban Center accounts for 34% of Calls for Service Chief Haynes indicated officers are pulled from residential areas to assist in covering the business districts. With the addition of three officers dedicated to the TUC, the goal would be to increase the presence in the residential neighborhoods. The Finance Director and the Mayor have committed to locating the necessary funding for the additional three officers during the four years of the grant period, and will make every effort to locate funding for the period beyond the initial four years. After a lengthy discussion, the Committee members have requested, a briefing on the current staffing levels of 68 officers, compared to staffing levels in 1996. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. CAS NUMBER: CATEGORY Discussion SPONSOR'S SUMMARY MTG. DATE 09/14/09 09/21/09 MTG. DATE 09/14/09 09/21/09 Qt9 l Mtg Date 09/14/09 Mtg Date COUNCIL AGENDA SYNOPSIS Meeting Date 09/14/09 09/21/09 Prepared by BG BG r7I Initials Mayor's review AGENDA ITEM TITLE Resolution Declaring Surplus Property Howard Hanson Dam Flood Response Plan ITEM INFORMATION 1 ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW Declare the log cabin at 5829 S 140 St as surplus property by Resolution. The City previously rented out the residential structure which requires extensive repairs and could be a significant risk and liability to the City. The property is located at a low spot on the Duwamish River and could be used for a flood protection system that includes installation of sand filled wire baskets. Council is being asked to approve the Resolution to surplus the property, demolish the structure and install the flood protection system. REVIEWED BY COW Mtg. CA &P Cmte El F &S Cmte El Transportation Cmte Utilities Cmte Arts Comm. El Parks Comm. Planning Comm. DATE: 08/25/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works CoMMII Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: 000.13.525.600 Comments: Council approved $50,000.00 for the Howard Hanson Dam Flood Response Plan, RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 08/18/09 (revised after UC) Vicinity Map Draft Resolution Minutes from the Utilities Committee meeting of 08/25/09 ITEM NO. City of Tukwila TO: Mayor Haggerton Utilities Committee FROM: INFORMATIONAL MEMORANDUM ublic Works Director DATE: August 18, 2009 SUBJECT: Howard Hanson Dam Flood Response Plan Project No. 10901301 Resolution Declaring Surplus Property Attachments: Vicinity Map Draft Resolution C:\DOCUME_1 \GAILr1.TUK \LOCALS- 1 \Temp\XPGrPWise\Info Memo Log Cabin Surplus Resolution.doc Jim Haggerton, Mayor ISSUE Declare the log cabin at 5829 S 140 St (Parcel No. 3365901016) as surplus by Resolution so it can be demolished and a flood fighting project can be constructed. BACKGROUND The City of Tukwila previously rented out the residential structure (log cabin) on S 140 St. The cabin requires extensive repairs and restoration would be too costly. Significant repairs to the roof, ceiling, walls, floor and side sewer could easily cost at least $100,000.00. The cabin could also be a significant risk and liability to the City. ANALYSIS A resolution is required to surplus this property. If approved, staff will proceed with an asbestos survey and preparation of bid documents for demolition. After bid award, the structure will be demolished and the site regraded. This property is located at the east end of South 140 St, which is a low spot on the west bank of the Duwamish River. This low spot has been impacted by previous storm events. Working with the Army Corps of Engineers and King County Flood Control District, staff would be able to install a low -cost demonstration project for an advance measures flood protection system. This flood protection may include minor clearing, grading and installation of sand filled wire baskets along the river. RECOMMENDATION The Council is being asked to approve the Resolution and consider this item at the September 14, 2009 Committee of the Whole meeting and subsequent September 21, 2009 Regular meeting. Log Cabin 5829 S 140th (AP #3365901016) N CityGIS 132 ft Copyright 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE PROPERTY LOCATED AT 5829 SOUTH 140TH STREET IN TUKWILA AS SURPLUS. WHEREAS, the City of Tukwila owns real property at 5829 South 140th Street in Tukwila, Washington, also identified as King County Parcel Number 3365901016; and WHEREAS, the residential structure on the subject property is in very poor condition; and WHEREAS, the adjacent riverbank of the Duwamish River is a known low spot with flooding potential for the South 140th Street neighborhood, including the City of Tukwila's George Long Shops and part of Interurban Avenue South; and WHEREAS, TMC Chapter 2.64 provides for the disposition of surplus property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. The residential structure at 5829 South 140th Street in Tukwila, Washington, is hereby declared to be surplus. Section 2. Demolition of Surplus Structure. Staff is hereby authorized to proceed with the preparation of bid documents to advertise for construction bids to demolish the unsafe structure at 5829 South 140th Street in Tukwila, Washington. Standard bid advertisement and award procedures will be followed. Section 3. Flood Advance Measures Demonstration Project. Staff is hereby authorized to proceed with the installation of a demonstration project for an advance measures flood protection project that may include minor clearing, grading and installation of sand filled wire baskets. 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 DRAFT W:\ Word Processing Resolutions \Surplus residential structure.doc ksn 09/09/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 UTILITIES COMMITTEE Meeting Minutes August 25, 2009 5:00 p.m. Conference Room #1 CALL TO ORDER: Acting Committee Chair Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No Presentations City of Tukwila Utilities Committee PRESENT Councilmembers: Joan Hernandez (filling in for Kathy Hougardy), Acting Chair; Pam Linder, and Dennis Robertson Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Pat Brodin, Ryan Larson, Gail Labanara and Kimberly Matej Guest: Jeremy Edie II. BUSINESS AGENDA A. Howard Hanson Dam Flood Response Plan: Resolution Declaring Surplus Property Staff is seeking full Council approval of a resolution declaring the log cabin located at 5829 South 140 Street as surplus property. The log cabin is located on property that is a low spot on the west bank of the Duwamish River which poses a flooding risk and Iiability to the City. Once declared surplus, the City will be able to move forward with appropriate demolition of the structure and construction of flood protection measures. This structure has no historical value. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. B. Gillaim Creek Basin Stormwater Overflow Bid Award Staff is seeking full Council approval to award a bid in the amount of $360,530 to Reed Trucking and Excavating Inc. for construction of the Gilliam Creek Stormwater Overflow project. Moved forward from 2013, this item was heard in Committee on June 23, and subsequently approved by Council July 6. Due to the urgency of this project as well as the upcoming 5` Monday, staff has requested this item move forward to the next scheduled Council meeting which is Tuesday, September 8. Committee members recognize that recently many items have bypassed the complete regular Council process (committee, COW, Regular); however, they also acknowledge the importance and time sensitivity of this particular item. Acting Chair Hernandez requested staff attach a copy of the appropriate CEP or budget page relative to this project. UNANIMOUS APPROVAL. FORWARD TO SEPTMBER 8 REGULAR FOR DISCUSSION. C. 2009 Annual Small Drainage Program King County Interlocal Cooperation Agreement Staff is requesting full Council approval to enter into an Interlocal Cooperation Agreement with King County for Distribution of the King County Flood Control Zone District's (KCFCZD) Sub Regional Opportunity Fund. The Sub Regional Opportunity Fund addresses flooding at a local level. As voted on by the King County Board of Supervisors, monies from this Fund will be allocated proportionally to each jurisdiction from which funds were collected. This Agreement will allow Tukwila the ability to collect reimbursement for projects through this Fund. Staff anticipates this to be an annual item. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. CAS NUMBER: C I j CATEGORY Fund Source: Comments: EXPENDITURE REQUIRED MTG. DATE 09/14/09 09/21/09 MTG. DATE 09/21/09 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared b j 1 Mayor's review Counci4y 09/14/09 BG �.,t,(r� 09/21/09 BG Initials ITEM INFORMATION ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 AGENDA ITEM TITLE King County Flood Control Zone District Interlocal Cooperation Agreement 2009 Annual Small Drainage Program Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/14/09 Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe7R Police PWI SPONSOR'S The King County Flood Control Zone District (KCFCZD) was created in 2008 to address SUMMARY major river flooding. A portion of funding is allocated proportionally to each jurisdiction from which funds were collected. The amount of funding available per year to Tukwila is estimated at $44,000.00. For 2008 and 2009, a total of $87,823.00 will be used for two culvert replacement projects included in the 2009 Small Drainage Program. Council is being asked to approve the agreement to obtain reimbursement of the funding. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm 0 Parks Comm. Planning Comm. DATE: 08/25/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMII'I'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 412 SURFACE WATER FUND RECORD OF COUNCIL ACTION ATTACHMENTS 09/14/09 J Informational Memorandum dated 08/21/09 (revised after UC) KCFCZD Interlocal Cooperation Agreement Minutes from the Utilities Committee meeting of 08/25/09 ITEMNO. TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: ijPublic Works Director DATE: SUBJECT: 2009 Annual Small Drainaae Program Project No. 09 -DR01 King County Interlocal Cooperation Agreement ISSUE Authorize Mayor to sign an Interlocal Cooperation Agreement with King County for distribution of the King County Flood Control Zone District's Sub Regional Opportunity Fund. BACKGROUND August 21, 2009 Jim Haggerton, Mayor The King County Flood Control Zone District (KCFCZD) was created in 2008 with the purpose of addressing major river flooding problems. In establishing the KCFCZD, the Board of Supervisors set aside 10% of the monies collected for a Subregional Opportunity Fund to address flooding at the local level. The KCFCZD Board of Supervisors has voted to allocate these funds proportionally to each jurisdiction from which funds were collected. The amount of funding available per year to Tukwila is estimated at $44,000.00. This is the first year of distribution of these funds so a total of $87,823.00 is currently available for 2008 and 2009. The City may either let these funds build up for a future project or submit a current project that meets the required flood reduction criteria for reimbursement of all or a portion of these funds. Action Taken The Public Works staff reviewed the list of upcoming Capital Improvement Projects for 2009 and submitted a request to receive all available funding for the two culvert replacement projects on S 133rd S and S 131st St (Site 2) currently under construction as part of the 2009 Small Drainage Program. Flooding has been experienced in this area and the replacement of these culverts meets King County standards for flood reduction. King County has prepared an Interlocal Cooperation Agreement for Tukwila to obtain reimbursement through this program. RECOMMENDATION The Council is being asked to approve an Interlocal Cooperation Agreement with King County Flood Control Zone District and consider this item at the September 14, 2009 Committee of the Whole meeting and the subsequent September 21, 2009 Regular meeting. Attachment: Interlocal Cooperation Agreement W:\PW Eng \PROJECTS\A- DR Projects \09 -DRO1 (2009 SDP) \Design \Info Memo Grant.doc INTERLOCAL COOPERATION AGREEMENT BETWEEN THE KING COUNTY FLOOD CONTROL ZONE DISTRICT AND THE CITY OF TUKWILA FOR OPPORTUNITY FUND PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT is entered into between the CITY OF TUKWILA, a municipal corporation of the State of Washington "City and the KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi municipal corporation of the State of Washington "District "Parties" or when singular "Party and shall be effective upon execution by the Municipality and the District. Article I. Recitals. In April 2007, the King County Council, as authorized by chapter 86.15 RCW, created the District as a quasi- municipal corporation. The King County Council members ex officio constitute the Board of Supervisors of the District, the governing body of the District. In Resolution FCZD 2008 -15.2, the Board of Supervisors approved the District's 2009 budget and annual work program, and allocated 10 percent of the District's annual property tax revenues for a sub regional opportunity fund to be used by King County municipalities The Board of Supervisors further determined that eligibility of projects for opportunity funds be based on consistency with chapter 86.15 RCW; provided that expenditures under RCW 86.15.035 and RCW 39.34.190 for salmonid habitat protection be linked to the construction of a flood or stormwater project. The Board of Supervisors also allocated the opportunity funds to a municipality based on that municipality's proportional contribution to the overall King County assessed valuation, as collected. In Resolution FCZD 2009 -01.1, the Board of Supervisors included the projects and activities described in Attachment A to this Agreement in an amendment to the District's annual budget and work program for the year 2009. The Board of Supervisors desires to have the City implement its approved opportunity fund projects and activities for the years 2008 and 2009, as well as the projects and activities that are approved for the City in subsequent District annual budgets and work programs. The City desires to implement such projects and activities, and to receive opportunity funds to finance in whole or in part such projects and activities. The City and the District are authorized to enter into this Agreement pursuant to Chapter 39.34 RCW (the Interlocal Cooperation Act), and agree as follows: Article II. Definitions. 2.1 Eligibility Criteria. The term "Eligibility Criteria" means one of the two following criteria that Projects shall meet to qualify for Opportunity Funds: 2.1.1. Under RCW 86.15.110, Opportunity Funds may be expended for either flood control improvements or stormwater control improvements that are extended, enlarged, acquired or constructed, provided that the City has developed a comprehensive plan of development for flood control or for stormwater control, respectively, and the improvement contributes to the objectives of the plan. For flood control improvements, such plan shall be submitted to and approved by the Department of Ecology. In addition, for newly constructed improvements, the City shall develop preliminary engineering studies and plans, and such plans and studies shall be filed with the District's engineer. For all projects, the City shall provide cost estimates and underlying data and shall describe the benefit provided by the improvement. -2- 2.1.2. Pursuant to the criteria in RCW 86.15.035 and RCW 39.34.190, as modified by Resolution FCZD 2008 -15.2, District funds may be expended for cooperative watershed management actions, including watershed management partnerships and other intergovernmental agreements, for the purposes of water supply, water quality, and water resource and habitat protection and management, provided that Opportunity Funds expended for salmon habitat protection shall be linked to the construction of a flood or stormwater project, and provided further that all such funds shall be used for the implementation of watershed management plans, including but not limited to the following: The authority to use funds for implementation of these plans is broadly construed to include: a. Watershed plans developed under chapter 90.82 RCW; b. Salmon recovery plans developed under chapter 77.85 RCW; c. Watershed management elements of comprehensive land use plans developed under the growth management act, chapter 36.70A RCW; d. Watershed management elements of shoreline master programs developed under the shoreline management act, chapter 90.58 RCW; e. Nonpoint pollution action plans developed under the Puget Sound water quality management planning authorities of chapter 90.71 RCW and chapter 400 -12 WAC; f. Other comprehensive management plans addressing watershed health at a WRIA level or sub -WRIA basin drainage level; g. Coordinated water system plans under chapter 70.116 RCW and similar regional plans for water supply; and h. Any combination of the foregoing plans in an integrated watershed management plan. 1. Coordination and oversight of watershed management plan implementation, including funding a watershed management partnership for this purpose; 2. Technical support, monitoring, and data collection and analysis; 3. Design, development, construction, and operation of projects included in the plan; and 4. Conducting activities and programs included as elements in the plan. -3- 2.2 Project. The teuiii "Project" or "Projects" means specific projects or activities that meet the Eligibility Criteria of this Agreement, are approved by the Board of Supervisors in a resolution approving the annual budget and work program, or amendment thereto, and are described in an attachment to this Agreement that is approved pursuant to this Agreement. 2.3 Opportunity Funds. The term "Opportunity Funds" means the funds made available by the Board of Supervisors to the municipalities within King County for implementation of Projects. For each of the years 2008 and 2009, these funds represent 10 percent of property tax revenues collected for each of those years, and are available to individual municipalities based on the proportional amount that municipality's assessed valuation as collected (as determined by the King County Assessor's office) bears to the entire amount of assessed valuation in all of King County (as determined by the King County Assessor's office). For the years after 2009, this term means District funds that are designated as "Opportunity Funds" by the Board of Supervisors in either a resolution approving the District's annual budget and work program or a separate resolution. 2.4 Service Provider. The term "Service Provider" means the Water and Land Resources Division of the King County Department of Natural Resources and Parks. Article III. Duration of Agreement Survival of Agreement. This Agreement shall be effective upon execution by both Parties, and shall remain in effect until terminated by one or both of the Parties. Either Party may terminate this Agreement by providing written notice of termination to the other Party no less than sixty (60) days prior to the effective date of termination. This Agreement also may be terminated -4- upon mutual agreement of the Parties expressed in writing. Sections 4.2, 5.2, 5.3, 5.4, 5.5, 6.3, 6.4 and 6.5 and Article VII shall survive any termination of this Agreement. Article IV. Conditions of Agreement. 4.1 Project Descriptions. The initial approved Projects are described in Attachment A, which is incorporated by reference. Subsequent approved Projects shall be described in new Attachments to this Agreement that are approved through the amendment process of Section 7.2.2, which Attachments shall be incorporated by reference into this Agreement. 4.2 Use of Funds. The City shall use Opportunity Funds distributed pursuant to this Agreement only for expenses related to the Projects. Article V. Responsibilities of City. 5.1 Project Application and Description. The City may submit an application for distribution of Opportunity Funds within a period of time designated by the Service Provider and on a form approved by the Service Provider. As part of the application to receive Opportunity Funds, the City shall submit to the Service Provider the following information for each proposed Project: 5.1.1. Name of proposed project or activity; 5.1.2. Description of the flooding, stormwater, or watershed management problem to be addressed (one to two paragraphs); 5.1.3. Description of how the proposed project or activity will address the problem (one to two paragraphs); 5.1.4. Type of project or activity (e.g., feasibility study, design, construction, acquisition, programmatic activities, etc.); -5- 5.1.5. Description of how the project or activity satisfies the "Eligibility Criteria," as defined in this Agreement; 5.1.6. Identification of the plan (flood control, stormwater control, or watershed management) that includes the Project; 5.1.7. Product /deliverable and, for constructed Projects, design plans or studies; and 5.1.8. Schedule, milestones, costs and budget for each Project, consistent with the requirements of this Agreement. The schedule for a Project shall provide for the expenditure of Opportunity Funds within two years after the commencement date of the Project. The City shall submit a request for distribution of Opportunity Funds after an actual expenditure is incurred for the Project, provided that the City may request distribution of up to 10 percent of Opportunity Funds for a Project upon approval of a Project by the Board of Supervisors. After approval of the Project by the Board of Supervisors, the application form, as approved by the Board of Supervisors, shall become an attachment to this Agreement through the amendment process in Section 7.2.2. 5.2 City Obligations for Projects. The City shall implement the Project as described and provided for in the approved attachment to this Agreement. Upon receipt, the City shall deposit Opportunity Funds in a separate account, which shall accrue interest at the rate earned by the City on its investments. To request a distribution of Opportunity Funds, the City shall submit to the Service Provider such information and proof of expenditure as requested by the Service Provider. -6- 5.3. Projects Seeking Opportunity Funds Beyond Current Appropriation Year. The City may request distribution of Opportunity Funds beyond the appropriation year for the District's budget and annual work program, provided that District approval of such distribution of Opportunity Funds shall not be construed as nor constitute a District obligation or commitment to appropriate Opportunity Funds for the Project beyond the approved appropriation year. The District shall have no obligation to provide Opportunity Funds beyond the appropriation year for the District's budget and annual work program, provided that the District shall distribute to the City after such appropriation year any Opportunity Funds that were allocated to the City in such appropriation year and in previous years and that have not been distributed to the City. 5.4 Reporting. 5.4.1. Until the Project is completed or all Opportunity Funds for a Project have been spent, the City shall provide semi annually to the Service Provider brief written reports describing the progress on and status of the Project and any other relevant information that the Service Provider may request to determine compliance with this Agreement. 5.4.2. Upon completion of a Project, or upon expenditure of all of the Opportunity Funds for the Project, whichever occurs first, the City shall submit a final report to the Service Provider within 90 days of such completion or expenditure. The final report shall contain a summary of all Project expenditures, copies of invoices if requested by the Service Provider, a description of the Project status and accomplishments, and other relevant information requested by the Service Provider to verify compliance with this Agreement. The final report also shall contain a certification that all Opportunity Funds -7- provided to the City were expended solely on the Project in accordance with this Agreement and the Project approval. If a Project is not completed prior to termination of this Agreement, a report as described in this Section shall be provided to the Service Provider within 90 days of such termination. All records relating to a Project shall be retained by the City for a minimum of seven years, unless required by law to be retained for a longer period, in which case the longer period shall apply. 5.5 City obligations upon Project completion or termination. As consideration for receipt Opportunity Funds to implement the Project, the City agrees that: 5.5.1. If the Project involves developing a report or study, undertaking a study or collecting data, or producing written or electronic materials of any kind, copies of all such materials shall be provided upon request to the District or the Service Provider; and 5.5.2. If the Project involves the acquisition, extension, enlargement, or construction of a physical improvement, the City shall take ownership of, and shall be obligated to operate, maintain, and repair such improvement for the ordinary expected useful life of such improvement. 5.5.3 If the City terminates a Project, and the City has not expended all of the Opportunity Funds paid in advance pursuant to Section 6.3, the City shall return to the Service Provider the remaining Opportunity Funds within 60 days of the close of the calendar year in which the Project was terminated. Such returned Opportunity Funds shall be credited to the City's Opportunity Fund account, and may be used on future approved Projects, provided that if the Board of Supervisors has terminated the Opportunity Fund program at that time, the returned Opportunity Funds may be used by the District for District projects and activities. -8- Article VI. Responsibilities of District. 6.1 Upon timely submission of a Project application by the City, the Service Provider will review the application, provide reasonable and appropriate feedback, and consider including the Project as an element of the District's annual budget and work program. 6.2 If the Board of Supervisors approves the Project application by including the Project in the District's annual budget and work program, or an amendment thereto, the Service Provider shall attach a copy of the Project application as approved to this Agreement and it shall become a part hereof. 6.3 The District, through the Service Provider, shall distribute Opportunity Funds, up to the remaining amount of the City's total Opportunity Fund allocation, after City expenditure of funds for a Project as set forth in the approved schedule for the Project, provided that upon request of the City, the District shall pay up to 10 percent of the total Opportunity Funds allocated for a Project upon approval of an attachment to this Agreement. The Service Provider shall pay the Opportunity Funds after confirming that the expenditures have been made consistent with the Project approval and schedule. 6.4 The District assumes no obligation for future support of Projects meeting the Eligibility Criteria except as expressly set forth in this Agreement. 6.5 The District shall have no obligation to provide Opportunity Funds beyond the appropriation year for the District's budget and annual work program, provided that the District shall distribute to the City after such appropriation year any Opportunity Funds that were allocated to the City in such appropriation year and in previous years and that have not been distributed to the City. -9- Article VII. Other Provisions. 7.1 Hold Harmless and Indemnification. 7.1.1. The District assumes no responsibility for the direct payment of any compensation, fees, wages, benefits or taxes to or on behalf of the City, its employees, contractors or others by reason of this Agreement. The City shall protect, indemnify and save harmless the District, its officers, agents, employees and the Service Provider from any and all claims, cost and whatsoever occurring or resulting from (1) the City's failure to pay any compensation, fees, wages, benefits or taxes, and (2) the supplying to the City of works services, materials or supplies by City employees or agents or other contractors or suppliers in connection with or in support of performance of this Agreement. 7.1.2. The City further agrees that it is financially responsible for and will repay the District all indicated amounts following an audit exception, which occurs due to the negligent or intentional acts by the City, its officers, employees, agents or representatives. 7.1.3. The City shall protect, indemnify and save harmless the District from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees or agents in connection with the implementation of the terms of this Agreement and /or implementation of the Projects. For purpose of this Agreement only, the City agrees to waive the immunity granted it for industrial insurance claims pursuant to Washington Statute Chapter 51 to the extent necessary to extend its obligations under this paragraph to any claim, demand, or cause of action brought by or on behalf of any employee, including judgments, awards and costs arising therefrom including attorney's fees. -10- 7.2 Amendment. 7.2.1. This Agreement may be modified by written instrument approved by the City Council and the District Board of Supervisors and signed by the Parties. 7.2.2. This Agreement also may be modified by additional attachment for Projects subsequently approved by the Board of Supervisors. After approval of a Project in the District's annual budget and work program, or amendment thereto, the Project application as approved shall become an attachment to this Agreement and shall constitute an amendment to this Agreement without further action by either Party. 7.3 Contract Waiver. No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this Agreement. No waiver shall be effective unless made in writing. 7.4 No Third Party Rights. Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. 7.5. Entirety. This Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated are excluded. This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the projects and constitutes the entire agreement between the parties. The parties recognize that time is of the essence in the performance of the provisions of this Agreement. signed their names in the spaces put forth below: By Mayor (or City Manager or Executive) Date: Approved as to form: Municipal Attorney KING COUNTY FLOOD CONTROL ZONE DISTRICT IN WITNESS WHEREOF, authorized representatives of the parties hereto have k ott Iliecutive Director Date: JUlU 20 Acting under the authority of Resolution t Z 2 0 0 s 6 2 1 KING COUNTY FLOOD CONTROL D 1 s T R 1 C T ATTACHMENT A King County Water Land Resource Division River and Floodplain Management Sub Regional Opportunity Fund Project Application Application Due Date: December 8, 2008 Jurisdiction: City of Tukwila 1) Do you wish to forego the receipt of your Opportunity Fund allocation this year, allowing it to accrue for a future year? Yes No 2) Would you prefer to apply your Opportunity Funds toward an existing project on the District's 6 -year CIP? Yes No If Yes, please provide the name of the project: If you said Yes to either (1) or (2) above, you do not need to complete the remainder of this form. 3) Proposed project or activity name 2009 Small Drainage Project, S. 133rd and S. 131st Culvert Replacement and location: 4) Description of the flooding, stormwater, or linked watershed management problem that this project or activity will address (1500 character maximum): Southgate Creek overflows its banks 2 -3 times per year causing localized flooding of a business. Two downstream culverts are undersized preventing peak flows from passing through them resulting in the overtopping of the stream channel. 5) Description of how the proposed activity will address the problem outlined in number 2 (1500 character maximum): Two downstream culverts will be replaced with fish passable culverts that will carry additional flows to alleviate upstream flooding. Feasibility Study Project Design Project 6) Type of Construction Activity: Programmatic identify: n Other identify: 7) Describe how the proposed project or activity satisfies the eligibility criteria for at least one of the three categories listed in Section III of the attached document (1500 character maximum): Item 2, Section III: The project is a stormwater control improvement, there has been a comprehensive plan prepared for the area, and this project is consistent with this plan. 8) Identify the management plan (i.e. flood control, stormwater control, or watershed management) within which implementation of the project or activity is an element or is recommended: City of Tukwila Comprehensive Surface Water Management Plan 9) Identify deliverables and any relevant design plans or studies (for construction projects): 2009 Small Drainage Program P,S,& E 10) Identify a timeline for this project from inception to completion. List any relevant milestones, and provide a rough estimate of project costs and budget: Project Design 1/2009 5/2009, Project Construction 7/2009 10/2009, Estimated contruction cost is $150,000. King County Property Acquisition For Informational Purposes only: We wish to inform the Flood Control District Board of Supervisors on how Opportunity Funds leverage other resources, and we appreciate any information you are willing to provide in this regard. If you plan to partner with other jurisdictions to conduct a project or otherwise intend to use your Opportunity Fund allocation to leverage grant funds or other surface water management funds, please provide us with this information (1200 character limit): For Internal Use Only D. Project Eligible an Protect Ineligible Table 1: Opportunity Fund Allocation Percent of 2008 Est. Total County Opportunity Taxable Value Fund 0.1528% 2.0363% 0.0395% 8.8558% 0.1891% 0.7930% 1.2187% 0.0666% 0.5326% 0.6065% 0.8536% 0.2609% 0.3286% 2.6621% 0.2543% 1.5577% 0.8850% 3.1048% 15.9487% 2.9329% 0.6957% 0.7257% 0.8853% 2.8452% 0.0264% 0.6401% 0.4290% 0.2277% 0.1469% 3.4622% 3.1429% 2.7701% 1.3038% 34.3826% 2.2660% 0.0073% 0.4788% 1.2848% 0.7454% 0.2546% Total 1.00 3,360,700 Source: 2008 Assessors Data, KC DNRP GIS Jurisdiction Algona Auburn Beaux Arts Bellevue Black Diamond Bothell Burien Carnation Clyde Hill Covington Des Moines Duvall Enumclaw Federal Way Hunts Point Issaquah Kenmore Kent King County 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 5,135 68,433 1,328 297,616 6,353 26,649 40,958 2,238 17,899 20,383 28,688 8,770 11,044 89,465 8,547 52,349 29,741 104,344 535,988 98,566 23,379 24,388 29,754 95,619 886 21,513 14,417 7,651 4,937 116,355 105,622 93,094 43,818 1,155,495 76,154 246 16,092 43,180 25,050 8,556 6 2009 Est. Combined 2008 Opportunity 2009 Opportunity Fund Fund 5,309 10,444 70,753 139,186 1,373 2,700 307,703 605,318 6,569 12,922 27,552 54,201 42,346 83,303 2,314 4,551 18,505 36,404 21,074 41,458 29,661 58,349 9,067 17,836 11,419 22,463 92,497 181,962 8,837 17,385 54,123 106,473 30,749 60,490 107,880 212,224 554,154 1,090,142 101,907 200,473 24,172 47,551 25,214 49,602 30,762 60,516 98,860 194,479 916 1,803 22,242 43,755 14,905 29,322 7,910 15,561 5,104 10,040 120,299 236,654 109,202 214,824 96,249 189,343 45,303 89,120 1,194,656 2,350,151 78,735 154,890 254 500 16,637 32,729 44,643 87,823 25,899 50,949 8,846 17,403 3,474,600 6,835,300 UTILITIES COMIVIITTEE Meeting Minutes August 25, 2009 5:00 p.m. Conference Room #1 City of Tukwila Utilities Committee PRESENT Councilmembers: Joan Hernandez (filling in for Kathy Hougardy), Acting Chair; Pam Linder, and Dennis Robertson Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Pat Brodin, Ryan Larson, Gail Labanara and Kimberly Matej Guest: Jeremy Edie CALL TO ORDER: Acting Committee Chair Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No Presentations II. BUSINESS AGENDA A. Howard Hanson Dam Flood Response Plan: Resolution Declaring Surplus Property Staff is seeking full Council approval of a resolution declaring the log cabin located at 5829 South 140 Street as surplus property. The log cabin is located on property that is a low spot on the west bank of the Duwamish River which poses a flooding risk and liability to the City. Once declared surplus, the City will be able to move forward with appropriate demolition of the structure and construction of flood protection measures. This structure has no historical value. UNANIlVIOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. B. Gillaim Creek Basin Stormwater Overflow Bid Award, Staff is seeking full Council approval to award a bid in the amount of $360,530 to Reed Trucking and Excavating Inc. for construction of the Gilliam Creek Stormwater Overflow project. Moved forward from 2013, this item was heard in Committee on June 23, and subsequently approved by Council July 6. Due to the urgency of this project as well as the upcoming 5` Monday, staff has requested this item move forward to the next scheduled Council meeting which is Tuesday, September 8. Committee members recognize that recently many items have bypassed the complete regular Council process (committee, COW, Regular); however, they also acknowledge the importance and time sensitivity of this particular item. Acting Chair Hernandez requested staff attach a copy of the appropriate CIP or budget page relative to this project. UNANIMOUS APPROVAL. FORWARD TO SEPTMBER 8 REGULAR FOR DISCUSSION. C. 2009 Annual Small Drainage Program King County Interlocal Cooperation Agreement Staff is requesting full Council approval to enter into an Interlocal Cooperation Agreement with King County for Distribution of the King County Flood Control Zone District's (KCFCZD) Sub Regional Opportunity Fund. The Sub Regional Opportunity Fund addresses flooding at a local level. As voted on by the King County Board of Supervisors, monies from this Fund will be allocated proportionally to each jurisdiction from which funds were collected. This Agreement will allow Tukwila the ability to collect reimbursement for projects through this Fund. Staff anticipates this to be an annual item. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. 1 COUNCIL AGENDA SYNOPSIS Initials Meeting Date 1 Prepared by 1 Mayor's review 1 Council review 1 09/14/09 BG 1 i 1 09/21/09 BG_.0 1 1 1 1 ITEM INFORMATION CAS NUMBER: 0 9 Z i I ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 AGENDA ITEM TITLE Bid Award for Macadam Road Bridge Soffit Repairs CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/14/09 Mtg Date Mtg Date Mtg Date Mtg Date 09/21/09 Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD 111 Finance Fire Legal P &R Police ®PW SPONSOR'S This project will provide concrete bridge repairs to the Macadam Road Bridge, including SUMMARY removal of loose and spalling concrete, drilling through the bridge deck and concrete placement. The project was advertised for bids on August 19 and 26, 2009 and five bids were opened on September 2 with the low bid of $39,198.00 from Nordic Construction. Nordic Construction has successfully worked for the City in the past. REVIEWED BY COW Mtg. CA &P Cmte F &S Crnte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm Planning Comm. DATE: 09/08/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works CoMMIr Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $39,198.00 $65,000.00 Fund Source: 104.01 ANNUAL BRIDGE INSPECTIONS REPAIRS (PG. 8, 2009 CIP) Comments: MTG. DATE 09/14/09 09/21/09 MTG. DATE 09/14/09 09/21/09 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 09/02/09 Vicinity Map Bid Tabulation Minutes from the Transportation Committee meeting of 09/08/09 $0.00 ITEM No. E TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: September 2, 2009 SUBJECT: Macadam Road Bridge Soffit Repairs Project No. 09 -RWO2 BID AWARD ISSUE Award the bid for construction of the Macadam Road Bridge Soffit Repairs. BACKGROUND This project will provide concrete bridge repairs to the Macadam Road Bridge, including removal of loose and spalling concrete, drilling through the bridge deck and concrete placement. The project was advertised for bids on August 19 and 26, 2009 and bids were opened September 2, 2009. Five bids were received with the apparent low bid of $39,198.00 from Nordic Construction. The engineer's estimate was $42,260.00. Jim Haggerton, Mayor ANALYSIS The bids were reviewed and tabulated. No errors were discovered in the bids. Nordic Construction has been in business for 20 years satisfactorily performing work on a variety of projects for government entities involving concrete work and crack sealing. BUDGET AND BID SUMMARY Bid Results Estimate Budget Construction $39,198.00 $42,260.00 $65,000.00 Contingency (15 5,879.70 6,339.00 0 Total $45.077.70 $48.599.00 $65.000.00 RECOMMENDATION The Council is being asked to award the construction bid for the Macadam Road Bridge Soffit Repairs to Nordic Construction in the amount of $39,198.00 and consider this item at the September 14, 2009 Committee of the Whole meeting and subsequent September 21, 2009 Regular Meeting. Attachments Vicinity Map Bid Tabulation W: \PW Eng \PROJECTS\A- RW RS Projects \09RW02 2009 Bridge Insp \Macadam Bridge Repairs\Award Memo 2009 doc N Maoada.m Boat Bridge Soffit Repairs S 127 St S120Pt KWILA. 5 124 St c 0 N S` 126 St S \128 St �W I 4 co to to S 122 St D r D D N 0) N S 124 St lf Highline Specialty D Center w 1 i w S 133 St p N o w W O N D S 13 St co y q D d ro o m m S 135 St N S to W cn S 136 St l 1 1 S 136 St S 136 N S 137 St S 1 137 St N N D \I) N m 9 S 13? �t .J q f° y u� w .5-1.3.9--St L j 4. S 140 St W 5141 in St D I` D m N m S 142 St I to in i t0 S 142 St D l PI S ,�2 S 14� \'!'z S 144 St S 144 St N N i N 146 St ,rn V. ``1� D jD N VICINITY MAP Scale: N.T.S. 139 St c Foster Golf Course S 140 St al S 142 CO CP (3' St N D J N O rn D CD d a. D 0 co co CITY OF TUKWILA Macadam Road Bridoe Soffit Renairs Project No. 09 -RWO2 Bid Opening Date: September 2, 2009 ITEM ND ITEM OR TASK DESCRIPTION 1 (Mobilization 2 (SPCC Plan 3 IRemoving Portion of Existing Bridge 4 (Bridge Deck Repair 5 IEpoxv Crack Sealing 6 Project Temporary Traffic Control 7 Roadside Cleanup QUANTITY II UNITS UNIT II 1 1 LS 1 1 LS 1 1 LS 24 1 CF 128 1 LF 1 LS EST LS Total BID TABULATION Engineer's Estimate II UNIT PRICE I COST II 3.900.001 1,000.001 5.000.001 350.001 70.001 12,000.001 3.000.001 3.900.001 1,000.001 5.000.001 8,400.001 8,960.001 12,000.001 3,000.001 42,260.001 Nordic Construction UNIT PRICE I COST I 6.800.001 6,800.001 1.300.001 1.300.001 6,250.001 6.250.001 235.001 5.640.001 48.501 6.208.001 10.000.001 10,000.001 3.000.001 3,000.001 39,198.00 Certified Bid Tabulation Prepared by: Ebenal General UNIT PRICE 1 COST 5,000.001 5,000.00 5,000.001 5,000.00 10,000.001 10,000.00 200.001 4,800.00 60.001 7,680.00 10,000.001 10,000.00 3,000.001 3,000.00 45,480.00 Date: Epic Construction UNIT PRICE COST 1 4,500.00 4,500.001 315.00 315.001 21.000.00 21,000.001 100.00 2,400.001 35.00 4,480.001 10,000.00 10,000.001 3.000.00 3,000.001 45,695.001 2- o I I Advanced Construction I Serpanok Construction UNIT PRICE 1 COST I UNIT PRICE I 10,000.001 10,000.001 16,500.001 2,000.001 2,000.001 1,000.001 5,000.001 5,000.001 10,000.001 500.001 12.000.001 250.001 60.001 7,680.001 85.001 10,000.001 10,000.001 10.000.001 3,000.001 3,000.001 3,000.001 49,680.001 COST 1 16,500.0 1,000.00 10,000.00 6,000.00 10,880.00 10,000.00 3,000.00 57,380.00 City of Tukwila Transportation Committee TRANSPORTATION COMMITTEE Meeting Minutes* September 8, 2009 5:00 p.m. Conference Room 1 '`Tuesdcn. meeting due to holiday PRESENT Councilmembers: De'Sean Quinn, Chair; and Verna Griffin Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Shawn Hunstock, Jack Pace and Cyndy Knighton. CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Macadam Road Bridge Soffit Renairs Bid Award Staff is seeking full Council approval to award a bid in the amount of $39,198.00 to Nordic Construction for construction of the Macadam Road Bridge Soffit Repairs project. Staff discussed receiving favorable bids, with the lowest bid being under the Engineer's Estimate. Nordic Construction has performed well on previous contracts with the City of Tukwila and other jurisdictions. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. B. Tukwila Urban Center Access Project (Klickitatl Resolution of Intent to Form a Local Improvement District Staff is seeking full Council approval of a resolution of intent to form a Local Improvement District (LID) for the Tukwila Urban Center Access Project (Klickitat). Cyndy began with a slide presentation that was used at the previous two LID open houses, held on August 28"' and September 3 The presentation focused on the project history, necessity and how the LID fills the funding gap for the project. This resolution of intent to form the LID is only to notify the property owners that a LID is being considered. For clarification, all No- Protest Agreements are being researched and verified along with traffic impact fees that will be credited against the LID assessment. The La Pianta No- Protest Agreement appears to be for a future sanitary sewer project, not for the Klickitat project. The preliminary assessment roll will be presented to Council on September 21 UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:50 p.m. Next meeting: Monday, September 21, 2009 5:00 p.m. Conference Room 1 Committee Chair Approval Minutes by BG. CAS NUMBER: CATEGORY SPONSOR'S SUMMARY Fund Source: Comments: EXPENDITURE REQUIRED $0.00 MTG. DATE 09/14/09 09/21/09 MTG. DATE 1 09/14/09 09/21/09 1 Meeting Date 09/14/09 09/21/09 ()q- Discussion Motion Mtg Date 09/14/09 Mtg Date COUNCIL AGENDA SYNOPSIS nitials Mayor's review Council r ITEM NO. Prepared b I BG.p1 1 4, P. ITEM INFORMATION 1 ORIGINAL AGENDA DATE: SEPTEMBER 14, 2009 AGENDA ITEM TITLE Resolution of Intent to Form a Local Improvement District (LID) for the Tukwila Urban Center Access (Klickitat) Project Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date 9/21/09 Mtg Date SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P&R Police PW The first step of forming a Local Improvement District (LID) is adoption of a Resolution of Intent to Form a Local Improvement District. The Public Hearing for the Resolution is scheduled for September 21, 2009 and the Preliminary Assessment Roll will be presented at that meeting. Once the Resolution is passed, notification will be sent to all property owners of their preliminary assessment amount that could be incurred if the LID is formed. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 09/08/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMII"1'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 09/02/09 (revised after TC) Draft Resolution Project Schedule Minutes from the Transportation Committee meeting of 09/08/09 Transportation Cmte Planning Comm. City of Tukwila TO: Mayor Haggerton Transportation Committee FROM: Public Works Director DATE: September 2, 2009 INFORMATIONAL MEMORANDUM SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect Project No. 84•RW19 Resolution of Intent to Form Local Improvement District (LID) ISSUE Resolution of Intent to Form LID #33 for the Tukwila Urban Center (TUC) Access Project. Attachments: Resolution of Intent to Form Local Improvement District #33 Project Schedule W: \PW Eng \Old P drive \Cyndy\Klickitat \INFORMATION MEMO LID Resolution of Intent to Form LID #33 9- 2- 09.doc Jim Haggerton, Mayor BACKGROUND In 2005, the Transportation Improvement Board (TIB) informed the City that in order to be competitive for TIB grant funding, formation of a LID was strongly recommended. In response to the TIB, the City began taking steps toward forming a LID as part of the overall project funding. The City has pursued No- Protest Agreements from property owners as development has occurred. These agreements state that the property owner will not protest the formation of a LID for the TUC Access (Klickitat) Project. The property owner can protest the Final Assessment Roll amount. No- Protest Agreements have been signed by Westfield Mall and Wig Development LLC. Invitations for two Open Houses on this topic were sent to all property owners, property managers, and businesses within the LID area. The Open Houses were held on August 28, 2009 and September 3, 2009. DISCUSSION Forming a LID involves many different steps that must be taken in very specific order and adhere to very specific notification schedules. The first step is adoption of a Resolution of Intent to Form a Local Improvement District. Once the Resolution is passed, notification will be sent to all property owners of their preliminary assessment amount that could be incurred if the LID is formed. The Preliminary Assessment Roll is complete and is being finalized prior to presentation to the Council at the Public Hearing for this Resolution, scheduled for September 21, 2009. Council will hold a second Public Hearing to consider adopting the Ordinance to form the LID, scheduled on October 19, 2009. Without the LID, the funding package for the TUC Access project is incomplete. Without the rest of the funding in place, over $8 million in awarded grants will become unavailable for use and returned to the granting agency. Projects unable to go to construction this year or next year will have their funding cancelled. Additionally, over $2.5 million in impact fees already collected for this project may need to be refunded. RECOMMENDATION The Council is being asked to approve the Resolution of Intent to Form a LID for the TUC Access (Klickitat) Project and consider this item at the September 14, 2009 Committee of the Whole meeting and the subsequent September 21, 2009 Regular Meeting for a Public Hearing and approval. DRArT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE INTENT OF THE CITY COUNCIL TO CONSIDER THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT, TO BE KNOWN AS LOCAL IMPROVEMENT DISTRICT NO. 33, FOR THE PURPOSE OF IMPROVING URBAN ACCESS FOR THE SOUTHCENTER AREA; AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE FORMATION OF LOCAL IMPROVEMENT DISTRICT NO. 33. WHEREAS, the City Council of the City of Tukwila intends to order the improvements described in Exhibit A, attached hereto and incorporated by this reference as if set forth in full; and WHEREAS, the Council desires to form a local improvement district (LID) for the purpose of making said improvements fully described in Exhibit A; and WHEREAS, the date, time and place of a public hearing to consider the proposed local improvement district and improvements should be established; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Intent to Form LID. The City Council hereby declares its intent to form Local Improvement District No. 33 pursuant to the resolution method established in RCW 35.43.140 for the Tukwila Urban Access Improvement Project improvements, more particularly described in Exhibit A, attached hereto and incorporated by this reference as if set forth in full. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Pursuant to RCW 35.43.140, the nature and territorial extent of the improvement are set forth on Exhibit A. Section 2. Cost of Improvements. The cost and expense of all labor and material required to make a complete improvement, including legal, engineering, administrative, printing, costs of acquisition, and all other expenses of every kind, is approximately $10,500,000.00, and shall be paid from the special assessments against the property specially benefited by the improvements and from other funds legally available to the City for such improvements. A local improvement district shall be established embracing as near as may be all the property specially benefited by such improvement and such specially benefited property shall be assessed to pay all of the cost of such improvement under the mode of payment of bonds. Section 3. Public Hearing. A public hearing shall be conducted before the Tukwila City Council in the City Council Chambers located at City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on the 21st day of September, 2009 at the hour of 7:00 p.m., then and there to present their objections thereto, if any they have. NOTICE IS HEREBY GIVEN THAT THE ACTUAL ASSESSMENTS FOR THE LOCAL IMPROVEMENT DISTRICT MAY VARY FROM ASSESSMENT ESTIMATES SO LONG W:\ Word Processing Resolutions \Klickitat LID.doc CK:ksn 09/09/2009 Page 1 of 4 AS THEY DO NOT EXCEED A FIGURE EQUAL TO THE INCREASED TRUE AND FAIR VALUE THE IMPROVEMENT ADDS TO THE PROPERTY. Section 4. Benefit Area. The City Engineer of the City of Tukwila is hereby directed to submit to the City Council at or prior to the day of the hearing, the estimated cost and expense of the proposed improvements together with a diagram or print showing thereon the lots, tracts, or parcels of lands or other property which will be especially benefited thereby. Section 5. Notices. The City Clerk is hereby directed to have this resolution published in two consecutive issues of the official newspaper of the City, with the first publication to be at least 15 days before the day fixed for the hearing. In addition, the City Clerk is hereby directed to give notice of the hearing upon formation of the Local Improvement District by mail at least 15 days before the day fixed for the hearing to the owners of all lots, tracts, and parcels of land or other property to be specially benefited by the proposed improvement, as shown on the rolls of the County Assessor, directed to the address thereon shown. The notice shall set forth the nature of the proposed improvement, the estimated cost, the estimated benefits to the particular lot, tract or parcel, and the method of assessment described in Section 3 of this resolution. 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 Attachments: Exhibit A, Project Description Exhibit B, LID Boundary Map W:\ Word Processing \Resolutions \Klickitat L!D.doc CK:ksn 09 /09/2009 Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 4 CITY OF TUKWILA RESOLUTION OF INTENTION NO. EXHIBIT A PROJECT DESCRIPTION TUKWILA URBAN ACCESS IMPROVEMENT PROJECT (Local Improvement District 33) The Tukwila Urban Access Improvement Project consists of a grade separated structure using a partial lid over Southcenter Parkway, removing left turn /through conflicting movements. The roadway will be widened on Southcenter Parkway with southbound lanes depressed under a lid structure accommodating both northbound and eastbound left turns with Klickitat Drive. Sidewalks will be included on the east side of the street as well as one new signal and interconnection of three signals to the City's Traffic Operation Control System. Included in all the preceding are: Iegal requirements, permits, licenses, reviews, and any and all other matters necessary for a complete improvement in accordance with City standards. W:\ Word Processing \Resolutions \K7ickitat LID.doc CK:Ssn 09/02/2009 Page 3 of 4 W:\ Word Processing Resolutions \Klickitat LID.doc CK:1sr, 09/02/2G09 CITY OF TUKWILA RESOLUTION OF INTENTION NO. EXHIBIT B LID BOUNDARY TUKWILA URBAN ACCESS IMPROVEMENT PROJECT (Local Improvement District 33) Page 4 of 4 Complete Date 5/7/07 5/24/07 7/16/09 8/17/09 8/24/09 8/25/09 8/28/09 9/3/09 9/4/09 9/8/09 9/14/09 9/14/09- 9/25/09 9/21/09 9/22/09 9/25/09 or later 10/2/09 10/5/09 10/12/09 10/16/09 or later 10/19/09 10/19/09-10/31/09 11/1/09-11/15-09 11/1/09-11/15/09 12/16/09-12/31/09 January 2010 January 2010 Jan Feb 2010 Feb March 2010 March Nov 2010 November 15, 2010 Tukwila Urban Center Access (Klickitat) Project Schedule W: \PW Eng \Old P drive \Cyndy \Klickitat \Project Schedule Council Packet.doc Description Environmental Approval: ECS Accepted by FHWA Design Substantial Completion: 100% Shelf -Ready Plans completed Right -of -Way: Possession and Use Agreement from Legacy Partners Transportation Committee: LID schedule and steps Committee of the Whole: LID Schedule and Process WSDOT: ROW certification, limited access revision, channelization plans Open House: For property owners, businesses and tenants Open House: For property owners, businesses and tenants Notification to Property Owners For Public Hearing on Resolution to Form LID Transportation Committee: Resolution of Intent to Form LID Committee of the Whole: Resolution of Intent to Form LID Right -of -Way: Possession and Use Agreement from Doubletree Regular Council: Public Hearing Adoption of Resolution of Intent to Form LID WSDOT: Submit for Channelization Plan approval (target date) WSDOT: Submit for ROW Certification (depends on P &U from Doubletree) Notification to Property Owners For Public Hearing on Ordinance to Form LID Transportation Committee: Ordinance to Form LID Committee of the Whole: Ordinance to Form LID WSDOT: ROW Certification approved (3 week process from submittal) Regular Council: Public Hearing and Adoption of Ordinance to Form LID Transportation Improvement Board: Construction Prospectus submittal approval WSDOT: Channelization Plans Approval Advertise for Construction Bid: 4 week time period (3 weeks required by federal funds, 1 week extra for holiday) Bids Due with Bid Opening Transportation Improvement Board: Updated Cost Estimate submitted for approval prior to award of contract Transportation Committee: Award of construction contract to successful bidder City Council (C.O.W. and Regular): Award of Contract Notice to Proceed to successful bidder Construction of project Roadway open to traffic, substantial completion of construction TRANSPORTATION COMMITTEE Meeting Minutes* City of Tukwila Transportation Committee September 8, 2009 5:00 p.m. Conference Room 1 *Tuesd0c meeting due 10 holiday PRESENT Councilmembers: De'Sean Quinn, Chair; and Verna Griffin Staff: Bob Giberson, Frank Iriarte, Pat Brodin, Shawn Hunstock, Jack Pace and Cyndy Knighton. CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Macadam Road Bridge Soffit Repairs Bid Award Staff is seeking full Council approval to award a bid in the amount of $39,198.00 to Nordic Construction for construction of the Macadam Road Bridge Soffit Repairs project. Staff discussed receiving favorable bids, with the lowest bid being under the Engineer's Estimate. Nordic Construction has performed well on previous contracts with the City of Tukwila and other jurisdictions. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. B. Tukwila Urban Center Access Project (Klickitat) Resolution of Intent to Form a Local Improvement District Staff is seeking full Council approval of a resolution of intent to form a Local Improvement District (LID) for the Tukwila Urban Center Access Project (Klickitat). Cyndy began with a slide presentation that was used at the previous two LID open houses, held on August 28 and September 3 The presentation focused on the project history, necessity and how the LID fills the funding gap for the project. This resolution of intent to folni the LID is only to notify the property owners that a LID is being considered. For clarification, all No- Protest Agreements are being researched and verified along with traffic impact fees that will be credited against the LID assessment. The La Pianta No- Protest Agreement appears to be for a future sanitary sewer project, not for the Klickitat project. The preliminary assessment roll will be presented to Council on September 21 UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:50 p.nz. Next meeting: Monday, September 21, 2009 5:00 p.m. Conference Room 1 Committee Chair Approval Minutes by BG. I CAS NUMBI :R: CATEGORY SPONSOR SP( )NS()R'S SUMMARY Fund Fund Source: Comments: 1 MTG. DATE I 9/14/09 9/21/09 MTG. DATE 9/14/09 9/21/09 09- 130 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review 1 Council ,review 09/14/09 SH 09/21/09 SH 1 1 7 1 1 ITEM INFORMATION AGI :ND.\ An ordinance establishing new regulations implementing a solid waste utility tax. Discussion n Motion I I Resolution Ordinance Bid Award n Public Hearing Other Mtg Date 09/21/09 Mtg Date Mtg Date Mtg Date Council Mayor Adm Svcs E DCD Finance Fire Legal P &R IJ Police PlV The ordinance creates regulations in new TMC Chapter 3.51 implementing a solid waste utility tax. The tax is being proposed at a rate of six percent for non residential customers only. The Council is being asked to approve the ordinance creating a solid waste utility tax. [11tg Date 09/14/09 Mtg Date 11itg Date 1 ORIGINAL AGI,ND1\ DATE: SEPTEMBER 14, 2009 Initials RI?\'II:\ \11?1) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 9/9/09 RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE EYPI ,NDITL 121 REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED II RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 9/1/09 Ordinance in Draft Form Projected Solid Waste Utility Tax Revenue spreadsheet Minutes from Finance and Safety Committee meeting of 9/9/09 Planning Comm. ITEM No. G TO: FROM: DATE: SUBJECT: ISSUE BACKGROUND DISCUSSION RECOMMENDATION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Rhonda Berry Finance and Safety Committee Shawn Hunstock, Finance Director Mfr September 1, 2009 Solid Waste Utility Tax Jim Haggerton, Mayor The City is in need of increasing revenue and reducing expenditures in an attempt to address our current revenue shortfalls, particularly in the area of sales tax receipts. Sales tax receipts are currently over 26% behind budget for the year, and over 23% behind where we were at the same time a year ago. In addition to expenditure reductions already implemented by departments, including an across the -board three percent reduction, additional revenue sources are needed to offset declines in sales tax receipts and other revenue sources. The City currently taxes electricity, gas and telephone utilities at the statutory maximum of six percent. The tax rate on cable television is six percent, which is generally recommended to be consistent with other utility taxes. The City does not currently have a tax on water, sewer, surface water or solid waste utilities. In an effort to generate addition revenue in light of the City's current budget situation, administration is recommending adoption of a solid waste utility tax. The tax is also in recognition of the cost of maintenance of City streets given the nature of solid waste collection, the size and type of equipment used, and the normal wear and tear on our streets by that equipment. A tax rate of six percent is recommended. Administration also proposes taxing only commercial and industrial customers. Residential customers only account for approximately eight percent of solid waste revenue in Tukwila according to Allied Waste, the City's contracted solid waste collection provider. The Council is being asked to approve the attached ordinance adopting a solid waste utility tax. INFORMATIONAL MEMO Page 2 This item is scheduled to be discussed at the September 9, 2009 Finance and Safety Committee meeting, the September 14, 2009 Committee of the Whole meeting and subsequent September 21, 2009 Regular Meeting. ATTACHMENTS Draft Ordinance Projected Solid Waste Utility Tax Revenue spreadsheet H: \SolidWasteUtilityTaxl nfoMemo.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING SOLID WASTE UTILITY TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has determined the Financial Planning Model demonstrates there is projected to be a deficit balance in the General Government Funds by 2011; and WHEREAS, the City has availed itself of all appropriate revenue sources currently authorized, and has reduced expenditures by 3% in the General Fund; and WHEREAS, the basic City service levels could suffer a reduction without a new source of revenue; and WHEREAS, implementation of a solid waste utility tax measured by gross income from non residential customers is expected to generate sufficient revenue to maintain current levels of City services; and WHEREAS, the City Council has determined the public interest is best served by the implementation of a solid waste utility tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 3.51, "Solid Waste Utility Tax," is hereby established to read as follows: W:\ Word Processing \Ordinances \Solid Waste Utility Tax.doc 5H:ksn 09 /09/2009 CHAPTER 3.51 SOLID WASTE UTILITY TAX Sections: 3.51.010 Solid Waste Utility Tax 3.51.020 Use and Accountability of Tax Proceeds 3.51.030 Definitions 3.51.040 Occupations Subject to Tax Amount 3.51.050 Tax Year 3.51.060 Exceptions and Deductions 3.51.070 Monthly Installments 3.51.080 Taxpayers' Records 3.51.090 Failure to Make Returns or to Pay the Tax in Full 3.51.100 Penalty for Delinquent Payment 3.51.110 Overpayment of Tax 3.51.120 Noncompliance Penalty 3.51.130 Appeal 3.51.140 Finance Director to Make Rules 3.51.150 Referendum Procedure Page 1 of 5 3.51.010 Solid Waste Utility Tax The tax provided for in this chapter shall be known as the "solid waste utility tax," and is levied upon the privilege of conducting a solid waste collection business within the City of Tukwila, effective October 1, 2009. 3.51.020 Use and Accountability of Tax Proceeds 1. All revenues collected pursuant to this chapter shall be deposited into the General Fund, and shall be used for the funding of City services or capital requirements as the Council shall direct through its biennial budget process. 2. In addition to the automatic annual review of the Financial Planning Model, the City Council will review the need for rate or other changes as part of the biennial budget process. 3.51.030 Definitions As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. 1. "Solid waste" means all putrescible and nonputrescible solid and semi -solid wastes, including but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction waste, abandoned vehicles or parts thereof, and recyclable materials. 2. "Solid waste collection business" means every person who receives solid waste or recyclable materials for transfer, storage, or disposal, including but not limited to, all collection services, public or private solid waste disposal sites, transfer stations, and similar operations. 3. "Finance Director" means the Finance Director of the City of Tukwila, Washington, or his or her designee. 4. "Gross income" means the value proceeding or accruing from the performance of the particular business involved, including gross proceeds of sales, compensation for the rendition of services, and receipts (including all sums earned or charged, whether received or not) by reason of investment in the business engaged in (excluding rentals, receipts or proceeds from the use or sale of real property or any interest therein and proceeds from the sale of notes, bonds, mortgages or other evidences of indebtedness, or stocks and the like), all without any deduction on account of the cost of property sold, the cost of materials used, labor costs, taxes, interest or discount paid, delivery costs or any expenses whatsoever, and without any deduction on account of losses. 5. "Person" means any person, firm, corporation, association, or entity of any type engaged in a business subject to taxation under this ordinance. 6. "Residential customers" means any customer of the solid waste collection provider for residential type customers of single- family residential structures, including mobile homes- and duplexes, tri- plexes and four plexes where each residential unit is billed individually, except that the term does not include multiple -unit residences with five or more attached or unattached units billed collectively. 3.51.040 Occupations Subject to Tax Amount There is levied upon, and shall be collected from a person because of certain business activities engaged in or carried on in the City of Tukwila, taxes in the amount to be determined by the application of rates given against gross income as follows: W:\ Word Processing Ordinances \Solid Waste Utility Tax.doc SH:ksn 09 /09/2009 Page 2 of 5 Upon a person engaged in or carrying on the business of providing solid waste collection service, a tax equal to 6% for the calendar year 2009 and beyond of the total gross income from such business from all customers in the City, except residential customers, during the period for which the tax is due. 3.51.050 Tax Year The tax year for purposes of this solid waste utility tax shall commence October 1, 2009 and end December 31, 2009, and thereafter shall commence on January 1 and end on December 31 each year. 3.51.060 Exceptions and Deductions There is excepted and deducted from the total gross income upon which the tax is computed: 1. That part of the total gross income derived from business which the City is prohibited from taxing under the constitution or laws of the United States and the constitution or laws of the State of Washington. 2. Adjustments made to a billing or customer account in order to reverse a billing or charge that was not properly a debt of the customer. 3. Cash discounts allowed and actually granted to customers of the taxpayer during the tax year. 4. Uncollectible debts written off the taxpayer's books during the tax year. If subsequently collected, the income shall be reported for the period in which collected. 3.51.070 Monthly Installments The tax imposed by TMC 3.51.040 shall be due and payable in monthly installments, and remittance therefor shall be made on or before the last day of the month following the end of the monthly period in which the tax is accrued. Annual returns for smaller entities may be allowed upon advance written approval from the Finance Director. On or before said due date, the taxpayer shall file with the Finance Director a written return upon such form and setting forth such information as the Finance Director shall reasonably require relating to the accurate computation and collection of this tax, together with the payment of the amount. 3.51.080 Taxpayer's Records Each taxpayer shall keep records reflecting the amount of the taxpayer's gross income on sales and services within the City, and such records shall be open at all reasonable times for the inspection of the Finance Director or his or her designee to verify information provided on any utility tax return or to determine whether such return is required to be filed. 3.51.090 Failure to Make Returns or to Pay the Tax in Full If a taxpayer fails, neglects, or refuses to make his, her or its return as and when required by this chapter, the Finance Director is authorized to determine the amount of the tax payable under provisions of TMC 3.51.040, and to notify such taxpayer of the amount so determined. The amount so fixed shall thereupon be the tax and be immediately due and payable, together with penalty and interest. Delinquent taxes, including any penalties, are subject to an interest charge of 12% per year on the unpaid balance from the date any such taxes became due as provided in TMC 3.51.070. W: \Word Processing \Ordinances \Solid Waste Utility Tax.doc SH:ksn 09/09/2009 Page 3 of 5 3.51.100 Penalty for Delinquent Payment If a person subject to this tax fails to pay any tax required by this chapter within 15 days after the due date thereof, there shall be added to such tax a penalty of 10% of the amount of such tax. Any tax due under this chapter that is unpaid and all interest and penalties thereon shall constitute a debt to the City. The City may, at its discretion, pursuant to Chapter 19.16 RCW, use a collection agency to collect such taxes, interest and penalties owed or assessed, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. 3.51.110 Overpayment of Tax Money paid to the City through error or otherwise not in payment of the tax imposed by this chapter, or in excess of such tax shall, upon discovery, be credited against any tax due or to become due from such taxpayer hereunder, provided however, that overpayments extending beyond one year prior to notifying the City shall not be refunded. If such taxpayer has ceased doing business in the City, any such overpayment shall be refunded to the taxpayer. 3.51.120 Noncompliance Penalty A. No person subject to this chapter shall fail or refuse to file tax returns or to pay tax when due, nor shall any person make a false statement or representation in or in connection with any such tax return, or otherwise violate or refuse to comply with this chapter or with any rule promulgated pursuant to TMC 3.51.140. B. In addition to the interest and delinquent filing penalties set forth above, a willful violation of or failure to comply with this chapter is a civil infraction, subject to a cumulative fine of up to $250 for each day that a violation continues. All penalties imposed under this chapter shall constitute a debt to the City. The city may, at its discretion, pursuant to Chapter 19.16 RCW, use a collection agency to collect taxes, interest, and penalties owed or assessed pursuant to this chapter, or the City may seek collection by court proceedings, which remedies shall be in addition to all other remedies. 3.51.130 Appeal A taxpayer aggrieved by the amount of the tax, penalties, interest, or civil infraction fine determined to be due by the Finance Director or his or her designee under the provisions of this chapter may appeal such determination to the City of Tukwila's City Administrator or his or her designee. Taxpayers shall be required to remit the amounts determined to be due under this chapter prior to filing an appeal. 3.51.140 Finance Director to Make Rules The Finance Director shall have the power to adopt and enforce rules and regulations not inconsistent with this chapter or with the law for the purposes of carrying out the provisions thereof. 3.51.150 Referendum Procedure The provisions of this chapter are subject to the referendum procedure as follows: 1. A referendum petition seeking to repeal this ordinance shall be filed with the City Clerk, who shall be designated the person to receive petitions of all types, within seven days of the passage by the City Council of this ordinance or publication thereof, whichever is later. W:\ Word Processing \Ordinances \Solid Waste Utility Tax.doc SH:ksn 09/09/2009 Page 4 of 5 2. Within ten days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure. 3. The ballot title shall be posed as a question, so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten -day period. 4. After notification of the identification number and ballot title, the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than 15% of the registered voters of the City and to file the signed petitions with the City Clerk. 5. Each petition form shall contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the City Clerk shall cause the referendum measure to be submitted to the City voters at the next election within the City or at a special election as provided pursuant to RCW 35.17.260(2). Section 2. 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 3. 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 \Solid Waste Utility Tax.doc SH:ksn 09/09/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 5 of 5 City of Tukwila Projected Solid Waste Utility Tax Revenue Customer Jan -07 Feb -07 Mar -07 Apr -07 May -07 Jun -07 Jul -07 Auq -07 Sep -07 Oct -07 Nov -07 Dec -07 Total Revenue Commercial $264,896.94 $267,338.06 $272,881.17 $282,615.51 $285,175.43 $282,281.80 $285,476.92 $287,795.99 $288,708.47 $295,948.30 $297,103.96 $293,337.89 $3,403,560.44 55.62% Industrial $168,640.64 $169,784.95 $183,639.34 $176,859.80 $199,524.03 $196,365.70 $182,691.71 $194,797.16 $182,374.66 $201,331.18 $185,272.23 $173,419.14 $2,214,700.54 36.19% Residential $41,828.11 $38,377.92 $42,084.66 $41,385.26 $42,399.52 $40,868.45 $41,728.61 $42,261.00 $41,506.62 $43,420.21 $42,341.99 $43,084.29 $501,286.64 8.19% $6,119,547.62 Solid Waste Utility Tax* All customers Annual Growth Biennial Tax Rate Revenue Rate Revenue 3.00% $14,260.97 $14,265.03 $14,958.16 $15,025.82 $15,812.97 $15,585.48 $15,296.92 $15,745.62 $15,377.69 $16,220.99 $15,741.55 $15,295.24 $183,586.43 3.00% $383,860.86 4.00% $19,014.63 $19,020.04 $19,944.21 $20,034.42 $21,083.96 $20,780.64 $20,395.89 $20,994.17 $20,503.59 $21,627.99 $20,988.73 $20,393.65 $244,781.90 3.00% $511,814.48 5.00% $23,768.28 $23,775.05 $24,930.26 $25,043.03 $26,354.95 $25,975.80 $25,494.86 $26,242.71 $25,629.49 $27,034.98 $26,235.91 $25,492.07 $305,977.38 3.00% $639,768.11 6.00% $28,521.94 $28,530.06 $29,916.31 $30,051.63 $31,625.94 $31,170.96 $30,593.83 $31,491.25 $30,755.39 $32,441.98 $31,483.09 $30,590.48 $367,172.86 3.00% $767,721.73 7.00% $33,275.60 $33,285.07 $34,902.36 $35,060.24 $36,896.93 $36,366.12 $35,692.81 $36,739.79 $35,881.28 $37,848.98 $36,730.27 $35,688.89 $428,368.33 3.00% $895,675.35 8.00% $38,029.26 $38,040.07 $39,888.41 $40,068.85 $42,167.92 $41,561.28 $40,791.78 $41,988.33 $41,007.18 $43,255.98 $41,977.45 $40,787.31 $489,563.81 3.00% $1,023,628.97 Solid Waste Utility Tax* Without residential Annual Growth Biennial Tax Rate Revenue Rate Revenue 3.00% $13,006.13 $13,113.69 $13,695.62 $13,784.26 $14,540.98 $14,359.43 $14,045.06 $14,477.79 $14,132.49 $14,918.38 $14,471.29 $14,002.71 $168,547.83 3.00% $352,416.66 4.00% $17,341.50 $17,484.92 $18,260.82 $18,379.01 $19,387.98 $19,145.90 $18,726.75 $19,303.73 $18,843.33 $19,891.18 $19,295.05 $18,670.28 $224,730.44 3.00% $469,888.88 5.00% $21,676.88 $21,856.15 $22,826.03 $22,973.77 $24,234.97 $23,932.38 $23,408.43 $24,129.66 $23,554.16 $24,863.97 $24,118.81 $23,337.85 $280,913.05 3.00% $587,361.09 6.00% $26,012.25 $26,227.38 $27,391.23 $27,568.52 $29,081.97 $28,718.85 $28,090.12 $28,955.59 $28,264.99 $29,836.77 $28,942.57 $28,005.42 $337,095.66 3.00% $704,833.31 7.00% $30,347.63 $30,598.61 $31,956.44 $32,163.27 $33,928.96 $33,505.33 $32,771.80 $33,781.52 $32,975.82 $34,809.56 $33,766.33 $32,672.99 $393,278.27 3.00% $822,305.53 8.00% $34,683.01 $34,969.84 $36,521.64 $36,758.02 $38,775.96 $38,291.80 $37,453.49 $38,607.45 $37,686.65 $39,782.36 $38,590.10 $37,340.56 $449,460.88 3.00% $939,777.75 To be determined if this should be a utility tax or franchise fee. Tax Rate Difference 3.00% $31,444.21 4.00% $41,925.61 5.00% $52,407.01 6.00% $62,888.41 7.00% $73,369.82 8.00% $83,851.22 Finance Safety Committee Minutes September 9, 2009 Pape 2 B. Seattle Southside Visitor Center Lease Staff is seeking full Council direction regarding a new office location. Seattle Southside Visitor Center's current lease ended on August 31, 2009 and is now continuing on a month -to -month basis. After a lengthy review of available office space locations, staff has selected the two best alternatives and is now seeking Council selection of a preferred alternative. Staff recommends moving the SSVS offices to a new location at 3100 South 176 Street, in SeaTac. Staff indicated that in 2002 Tukwila and the City of SeaTac entered into an Interlocal Agreement for joint tourism and marketing services for the combined cities under the program title Seattle Southside Visitors Services. The partnership between the two cities has been mutually beneficial, and SeaTac is committed to assisting SSVS with acquiring a new space that will benefit both cities. Jeff Robinson, City of SeaTac Economic Development Administrator, indicated at their Hotel -Motel Advisory Committee (HMAC) meeting, the Committee indicated they have authorized the expenditure of a not to exceed $50,000 for moving and tenant improvements, if SSVS were to acquire a new office location in SeaTac. Preserving the partnership between the two cities is the most important factor of the request. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. C. Solid Waste Utility Tax Ordinance Staff is seeking full Council approval for a six percent solid waste utility tax on gross receipts of any solid waste and recycling activities within the City limits on commercial accounts. Residential accounts, defined as a single- family residential structure, including mobile homes and duplexes, tri- plexes and four plexes, are not included. Condominium and apartment complexes are classified as a commercial account. The City is in need of increasing revenue and reducing expenditures in an attempt to address our current revenue shortfalls. The City currently taxes electricity, gas and telephone utilities at the maximum of six percent. The tax is also in recognition of the cost of maintenance of City streets given the nature of solid waste collection, the size and type of equipment used and the normal wear and tear on our streets by that equipment. In 2008, a survey was conducted by the Association of Washington Cities indicating over 140 cities tax solid waste at the six percent level. Staff has based their recommendation on the AWC Survey results. Current rates for a 6 -yard container are $57.37, with a six percent increase, the new rate would be $60.81, which equals an increase of $3.44 per month. A 6 -yard container is a common size used at multi family complexes. The Committee reviewed and discussed the impacts to the rental population. The Committee was unanimous regarding the six percent utility tax and the Commercial Residential definitions. Committee Chair Linder requested the information relating to the amount of the increase per month is published in the next Hazelnut. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. D. New Checking Account. Shawn reviewed the history of the Finance Department's implementation of an armored car service several months ago with daily pickup and delivery to U.S. Bank, eliminating the need for Finance staff to drive to the bank each day. The Municipal Court utilizes Wells Fargo Bank for their banking. The current contract with the armored car service is for U.S. Bank. It was decided that the Court staff would drive their deposit to Wells Fargo daily, rather than contract with a separate armored car service, at an increased expense. The Municipal Court has now indicated they would like to change banks from Wells Fargo Bank to U.S. Bank effective October 1, 2009. The primary reason for this change is to enable the Court to take advantage of the armored car service currently that is being provided by Finance. INFORMATION ONLY. Initials illeetinR Date Prepared by 1 Mayor's review 09/14/09 DCS 1 09/21/09 DCS ITEM INFORMATION CAS NUMBER: V Cl i 1 3 1 I ORIGINAL AGENDA Dx I SEPTEMBER 14, 2009 AG I',ND,\ I• I .NI Tali Seattle Southside Visitor Center Lease SPONSOR'S SU MM, \RY RI WTI ?WIq,D BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. E Parks Comm. DATE: 9/9/09 RECOMMENDATIONS: SPONSOR /ADMIN. Office of the Mayor COMMI'ITJ.E Forward to Committee of the Whole Fund Source: Conzrnents: MTG. DATE 9/14/09 EXPI :NDII UR1'. RI:OUIRI:D MTG. DATE 09/14/09 COUNCIL AGENDA SYNOPSIS COST IMPACT FUND SOURCE AMOUNT BUDGETED Council review $0 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 9/3/09 Minutes from the Finance and Safety Committee meeting of 9/9/09 ITEM No. C•\ I•I ;GORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/14/09 tlltg Date 09/21/09 Rltg Date Mtg Date Alts Date Alt; Date illtg Date 1SPONSOR n Council Mayor Adm Svar DCD Finance Fire U Legal P &R Police n PW The Seattle Southside Visitor Center lease term ended on 8/31/09. The City needs a new lease at the current location or a new location. After evaluating mutiple sites, staff recommends moving to a new location at 3100 South 176 Street in SeaTac. The Council is being asked to select a preferred location. Staff will then return to Council with a proposed lease. Transportation Cmte Planning Comm. APPROPRIATION REQUIRED TO: ISSUE: BACKGROUND: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Derek Speck, Economic Development mit rator DATE: September 3, 2009 SUBJECT: Seattle Southside Visitor Center Lease Jim Haggerton, Mayor Seattle Southside Visitor Center's lease term ended on August 31, 2009 and is now continuing on a month -to -month basis. After a lengthy review of available office space locations, staff has selected the two best alternatives and is now seeking Council selection of a preferred alternative. Based on that feedback, staff will return to Council with a proposed lease agreement for the preferred location. In May 1998 the City of Tukwila implemented a special excise tax on lodging charges that is used to promote tourism (Chapter 82.08 RCW). In May 1999, the Southwest King County Chamber of Commerce (SWKCC) and the City of Tukwila (Tukwila) started a new partnership for tourism and marketing services and the Chamber hired Katherine Kertzman as the tourism program manager. In April 2000 Tukwila moved the program in -house in an effort to develop the tourism and marketing program beyond the Chamber membership and include more Tukwila tourism businesses. In January 2002, Tukwila and the City of SeaTac (SeaTac) entered into an interlocal agreement for joint tourism and marketing services for the combined cities under the program title Seattle Southside Visitor Services (SSVS). Tukwila is the administrator of the program and the SSVS staff are employees of the City of Tukwila. The program is funded from the special excise tax on lodging charges in both cities. The interlocal agreement separates costs into four types: basic operations, joint media campaign, joint special projects, and SeaTac specific projects. For basic operations, the agreement does not specify a specific contribution amount from each city but states the amount will be determined annually during the budget process. After the first year SeaTac has contributed 55% and Tukwila has contributed 45% of the basic operational expenses. The rationale was that this approximates a 50/50 split since Tukwila bears administrative costs that are not charged to the SSVS budget (information technology, finance, personnel, legal, insurance, city car, etc.). For the joint media campaign and joint speciai projects, the agreement specifies that the activities will be mutually agreed upon and that Tukwila and SeaTac will split the costs 50/50. For SeaTac (and Tukwila) specific projects, the cities pay for those projects themselves. Neither city contributes all of its lodging tax into the partnership. In 2009, Tukwila will contribute $497,000 which is approximately 80% of its budgeted lodging tax revenue. For the same year, SeaTac will contribute $652,000, which is approximately 54% of its budgeted lodging tax revenue. $100,000 of INFORMATIONAL MEMO Page 2 the additional amount SeaTac contributes is to provide extra shuttle service from SeaTac hotels to Westfield Southcenter and $55,000 is due to the 55/45 split of basic operating costs. It should be noted that SeaTac may contribute a higher percentage in 2010 and that a significant portion of their total lodging tax revenue is dedicated to debt service and is non discretionary. In 2004 Tukwila signed a lease for the current office location in the Fairway Center at 14220 Interurban Avenue South, Suite 130 in Tukwila. The lease was for 1,800 square feet for a five year term ending August 31, 2009. SSVS is currently holding over with the owner's permission on a month -to -month basis. The holdover rent is 50% higher than the most recent monthly rent and the tenancy may be terminated by either party with 20 days notice. In April 2009 staff began researching what sites were available for SSVS office space and in May started working with a SeaTac commercial nder 5,000 sgbaoreefeet The stings�ota edeove`r available office listings in Tukwila 0 sites. and The following general criteria were considered when evaluating the available sites: Located in the cities of Tukwila or SeaTac Lease rent lower than the current rent (market rents have fallen) Same or greater amount of space Within 2 miles of an 1 -5 exit for free WSDOT visitor center signage Visible exterior building signage Available clean public restrooms Entrance at street level and near front of the building The team completed 10 site visits, analyzed lease proposals on 4 sites, and selected the two best options: the current location in the Fairway Center at 14220 Interurban Avenue South in Tukwila and a new location called the "3100 Building" at 3100 South 176 Street in SeaTac. Now Tukwila needs to select one of the sites and negotiate a lease. The lease will require City Council approval. DISCUSSION: Both proposed leases are basically five year terms. The Tukwila lease proposes a 65 month term with five months of free rent. The SeaTac lease proposes a 66 month term with six months of free rent. To ensure a more "apples -to- apples" comparison, the rents reflected in the following table are averages over the terms of the leases. The following table compares the two sites. Comparison Rentable Sauare Feet Average Annual Rent Per Square Foot Average Annual Rent Moving Costs and Tenant Improvement Costs 1 Flood zone Fairway Center 3100 Building Tukwila SeaTac 1,800 $17.54 $31,569 None Within FZ 2,202 $16.41 $36,135 $38,000* Outside FZ INFORMATIONAL MEMO Page 3 Comparison Exterior building signage Fairway Center Tukwila Current building signage is only visible on a seasonal basis; in the summer it is partially blocked by trees. 3100 Building SeaTac Building owner will permit exterior Seattle Southside Visitor Center signage on South and West facades. Yes Yes Distance to 1 -5 0.7 miles 2.0 miles Distance to Airport 5.5 miles 1.0 miles Distance to Future Car Rental Building 4.4 miles 1.3 miles Distance to Airport Light Rail Station 5.5 miles 0.2 miles Distance to the Hilton Conference Center 5.7 miles Across Street Distance to Westfield Southcenter Mall 1.9 miles 3.0 miles Distance to Tukwila City Hall 1.4 miles Distance to Southwest King County Chamber Same Building 5.7 miles Located along Seattle Southside Express shuttle's regular route No Yes Access for RVs 1 Difficult turning Easy turning City of SeaTac Preference I No Yes SeaTac Hotel /Motel Committee Preference I No Yes Tukwila Hotel /Motel Committee Preference I No Yes We have strong preliminary indications that moving and tenant improvement costs up to $38,000 will be 100% covered by SeaTac lodging tax. Eligible for 1 -5 WSDOT Visitor Signage Top Reasons for Relocating to the 3100 Building in SeaTac 1. Partnership Considerations: The Cities of SeaTac and Tukwila entered into the interlocal agreement over seven years ago. Tukwila is the administrator of the partnership and clearly has the legal authority to select the location of the offices; however, the interlocal specifies that SeaTac and Tukwila will mutually agree upon the media campaign and marketing activities. Since SeaTac is contributing as much to the SSVS program as Tukwila (more if you include the shuttle funding) they feel locations in SeaTac should be considered equally. The City of SeaTac and SeaTac Hotel Motel Advisory Committee (HMAC) want to continue the partnership with Tukwila but also strongly prefer the 3100 Building. Because SeaTac has about 2.5 times more INFORMATIONAL MEMO Page 4 hotel rooms that Tukwila, is located with the airport, car rental agencies, airport parking, etc. and has a smaller retail base than Tukwila, the travel industry is a much larger business sector in SeaTac than it is in Tukwila. Due to the larger size of its tourism sector, SeaTac may have a greater need for a visitor center in their city than Tukwila does. At some point in the future, SeaTac may decide they must have a visitor center presence near the airport. If we keep SSVS in Tukwila, SeaTac may seek to have a branch office of SSVS or may decide they need their own organization. Moving the office to SeaTac now in the spirit of cooperation can solidify the cooperative nature of the partnership and protect Tukwila in the future. 2. Access to More Tourists: The 3100 Building's location is located more closely to the airport, car rental agencies, and the Hilton Convention Center. It's also within the largest cluster of hotels in the SSVS territory. This proximity makes it easier to reach more tourists. For example, when business people and their spouses stay at SeaTac hotels and have free time, it will be easier for them to stop at the visitor center and be directed to local shopping, dining, and entertainment in Tukwila and the rest of SSVS. The building will also have visitor center signage in view of International Boulevard which may draw in additional tourists looking for suggestions on shopping, dining, entertainment, etc. In 2008 we had 1,080 visitors stop in the Fairway Center location. The signage is better than signage at the Fairway Center. We do not know how many more tourists would visit SSVS in the new location but we believe it will be significantly more than at the Fairway Center. 3. Access to More Hoteliers: Since the 3100 Building is near the largest cluster of hotels in SSVS territory, it is easier for staff to build relationships with area hoteliers for developing travel packages including transportation providers, restaurants, retailers, etc. These travel packages can drive more visitors to Tukwila and the rest of SSVS. 4. Better Public Image: The 3100 Building offers an impressive reception area at the entrance to the building that would make a striking visitor info /concierge desk creating a more professional first impression. 5. Better Workflow: The 3100 Building has more square footage allowing for more storage and better workflow. 6. More Opportunity for Growth: The 3100 Building has more square footage and a physical layout allowing additional workstations to be added. The additional workstations would enable adding volunteers or staff if the need arises. 7. Better Location for Volunteers: Highline Community College and South Seattle Community College have tourism and hospitality management programs and the 3100 Building has better bus service linking to those schools which would make it easier for SSVS to get volunteers and interns. Top Challenges /Risks With Relocating to the 3100 Building in SeaTac 1. Wheelchair Access: The 3100 Building currently does not have sufficient wheelchair access to the reception area, bathrooms, and staff offices. The property owner has indicated a willingness to install necessary improvements to accommodate this need. 2. Front Desk Coverage: The reception area is separated from the main staff offices by a tiignt or approximately eight stairs and is not easily viewable. This makes it more challenging to use staff in offices to back -up reception desk staff. These challenges may be mitigated by installing security cameras and utilizing the intercom on the existing phone system. 3. Possible Staffing Costs: One of the main reasons to move to the 3100 Building is to receive more tourists into the visitor center. Providing high quality, personal assistance to tourists INFORMATIONAL MEMO Page 5 requires a significant amount of time which could necessitate additional staff and /or extra coordination of volunteers. Top Reasons for Remaining in the Fairway Center in Tukwila 1. More Focus on Tukwila: The tourism program started in Tukwila and having the employees located in Tukwila gives them greater knowledge and focus on our city. Over the years, Tukwila has been able to draw on SSVS marketing expertise for other city programs. SSVS staff are very supportive and attached to Tukwila and will continue to do their best to help other City programs but it will be more challenging if they are not as conveniently located to Tukwila. 2. Future Direction of SSVS: Moving the visitor center to SeaTac increases the convenience and access of SeaTac hotels and travel sector businesses to SSVS. That increased proximity might foster a greater sense of ownership with the SeaTac tourism sector which may then want to grow the joint SSVS program. If the program grows and Tukwila continues its current cost sharing with SeaTac, then Tukwila will need to contribute more. That could reduce the amount of lodging tax money Tukwila has for Tukwila only tourism programs. However, it's possible that SeaTac will agree to contribute a higher percentage in the future. 3. Lower Cost: The proposed new annual lease at the Fairway Center amount is $4,565 less annually than 3100 Bldg. in SeaTac. The office layout enables easier back -up support of the reception desk. 4. Administrative Convenience: Tukwila has only stationed city employees outside the city limits on rare occasion and on a temporary basis. This move would be a very new experience. It is possible to continue to administer the tourism program from outside the City limits though it may be slightly more challenging. The larger issue will come if some day the SeaTac contribution to SSVS grows to significantly more than Tukwila's and if SeaTac desires to provide greater direction to SSVS priorities. If that situation arises, it may raise the question of whether it makes sense for Tukwila to administer a program located outside the City limits when it is not the largest funder. 5. Less Moving Downtime: Staying in the current location saves on the staff time involved in moving. 6. Local Pride: The tourism program started in Tukwila and many people feel a strong sense of attachment and pride. We should continue to dedicate a portion of our lodging tax funds for tourism programs that support local pride such as the Centennial, marathon, etc. 7. Better Proximity to Chamber: The Fairway Center site is adjacent with the Chamber of Commerce which fosters communication and joint support. Both organizations will continue to do referrals to each other. Top Challenges /Risks to Remaining in the Fairway Center in Tukwila 1. Flooding: There is an increased risk of flooding along the Green River which could affect the Fairway Center location in the next few years. BUDGET IMPACT: Following is a summary of the anticipated budget impact related to the office space decision. 1. Rent: Because both sites are proposing rent levels lower than the current rent, the future rent is within the 2010 budget and no adjustment is necessary. 2. Staffing and Ongoing Operations: At this time, no additional staffing or operational INFORMATIONAL MEMO Page 6 SUMMARY: costs are anticipated for either location for 2010. 3. One Time Only Expenses: The 3100 Building location would cause one time moving and tenant improvement expenses. A detailed listing is attached. The City of SeaTac and SeaTac Hotel /Motel Advisory Committee have indicated a willingness to pay 100% of the moving and tenant improvement costs up to the current estimate of $38,000. It is unclear at this time whether that commitment extends if costs exceed the current estimate. The HMAC will meet on September 9, 2009 and we will confirm this. Depending on whether SeaTac is able to pay for these costs directly, or if Tukwila needs to process them as the administrator of the facility, we may need to do a budget adjustment to reflect the expenses and offsetting revenue (from SeaTac). This is a challenging decision for the City of Tukwila since the tourism office started in Tukwila and moving to SeaTac signals a significant transition. The decision is especially challenging because it raises the question of was the original intent and what were the original expectations for the interlocal agreement signed in 2002. And, more importantly, we now have to ask ourselves what sort of partnership we want to have in the future. Whether we move or not, this issue should be discussed and we should examine whether the interlocal agreement should be updated. Ideally, the future direction of SSVS and any changes to the interlocal agreement would have been worked out prior to selecting a location; however, time does not permit that approach. We inquired into a one year extension on our current location to enable the evaluation of the interlocal but the property owner was not interested. Since we are on a month -to -month tenancy we need to make the site location decision soon. Both locations are good sites. Both would work well. The 3100 Building offers greater potential for growth, especially for marketing the region. It offers an opportunity to show that Tukwila is committed to the partnership and ensures a stronger and longer term partnership by fulfilling SeaTac's need to have a visitor center. It raises questions of whether Tukwila will always be the administrator of the program and those questions may need to be addressed at some point in the future. The Tourism staff believes it will increase tourism revenues for Tukwila. The Tukwila Lodging Tax Advisory Committee (LTAC) prefers the 3100 Building location and voted in favor of moving on August 27, 2009. RECOMMENDATION: Staff recommends moving to the new location in the 3100 Building at 3100 South 176 Street in SeaTac, WA. Based on Council selection of a preferred alternative staff will return to Council with a proposed lease agreement for the preferred location. ATTACHMENTS: Draft Letter of Intent for the 3100 Building Photos Plotted Street Map Interlocal Agreement Estimated Moving Expenses July 30, 2009 Richard Davidson GVA Kidder Mattews 12886 Interurban Ave. South Seattle, WA 98168 RE: Letter of Intent Dear Katherine: 3100 South 176th Street Seatac, WA 98188 1. Landlord 2. Tenant 3. Trade Name: 4. Premises 5. Area 6. Use 7. Term 8. Options Cassan Enterprises, Inc. 2737 78`'' Ave SE, Suite 201 Mercer Island, Washington 98040 Seattle Southside Visitor Center (City of Tukwila) 14220 Interurban Ave. South 130 Seattle, WA 98168 Seattle Southside General office use. Five (5) years 9. Base Rent The Full Service Rent shall be: Months 1— 6 Months 7 —18 Months 19 66 DR 3100 South 176 Street, SeaTac, WA 98188 $0.00 psf /yr, Full Service $17.00 psf/yr, Full Service 3% annual increase 1 DOLLAR 'DEVELOPMENT 00. F T This letter shall serve as a non- binding Letter of Intent which sets forth the basic terms and conditions under which Dollar Development Co. "Landlord would consider entering into a lease with Seattle Southside "Tenant in the above referenced location "Office Building Estimated Square Footage: 1915 (office and reception area). Plus Load Factor (15 287 Total Rentable SF: 2202 Two (2) periods of five (5) years each. Rent during the option periods to be negotiated and Tenant to provide 180 days prior written notice. Rate shall be of fair market rent 10. Security Deposit 11. NNN Cam Charges: 12. Tenant Improvements: 13. Utilities Included in Full Service rent. 14. Lunchroom Area: 15. Signage 16. Parking DOLLAR DEVELOPMENT C 0. Upon Tenant's execution of the Lease, Tenant shall pay a security deposit in the amount of $5000.00 and total rent for one month. The lease shall be a full service lease with a 2009 Base Year. Electricity is included in the full service rent. Landlord shall provide Tenant with Tenant Improvements as outlined in exhibit "A" which shall include: A. 5 private offices B. 1 workroom C. 1 storage area D. 1 wall across the back of the reception area with a locking door /screen and a 1 way window E. 1 work area/cabinet along the back wall of the reception area for mailing area with lower and upper cabinets. F. Landlord shall install dishwasher and place a refrigerator in the common lunchroom area upstairs. Phone jack is already in place. G. Relites in all private offices. H. Phone room to be at existing location Tenant shall be allowed the use of the upstairs lunchroom area throughout the term of the lease at no charge along with other office Tenants. Tenant shall be allowed signage, subject to Tenant's compliance with all applicable governmental codes, regulations, and Landlord's approval. Signage and LCD/Plasma type screens above the reception area. Exterior signage above the south door and on the west facing wall of the building. All signage to be approved by Landlord. Tenant shall have the use of six (6) parking stalls in common with other tenants and an additional four (4) stalls that will be marked as visitor parking for Seattle Southside. Tenant may use additional parking as available after 6pm and on weekends. Landlord, at Landlord's discretion, may police the parking and may make adjustments to hours and availability as necessary. There shall be no less than four (4) visitor parking stalls. 17. Term Commencement The later of: substantial completion of improvements or September 1, 2009. 18. Maintenance: Landlord shall maintain, repair and replace all of the structural elements and exterior surfaces of the office building and the Premises, including but not limited to the roof, exterior walls, exterior glass, concrete slab, footings, electrical, and plumbing exterior to the Premises at Landlord's This offer shall expire on August 6, 2009, if not accepted by the Tenant. The Ietter of intent is intended solely as a preliminary expression of general intentions and is to be used for discussion purposes only. This letter of intent is not a lease for the property The parties intend that neither shall have any contractual obligations to the other with respect to the matters referred to in this letter of intent unless and until a definitive lease agreement has been fully executed and delivered by all of the necessary parties. The parties agree that this letter of intent is not intended and does not create any agreement or obligation by either party to negotiate a definitive lease agreement and does not impose any duty on either party to continue negotiations, including without limitation any obligation to negotiate in good faith or in any other way other than at arm's length. Prior to due execution and delivery of a definitive lease agreement, and without liability to the other party, either party may propose different terms from those summarized herein; enter into negotiations with other parties; and/or unilaterally terminate all negotiations. Agreed to by: 19. Assignability 20. Guarantor 21. Lease Form: 22. Broker's Commission: k, 0 ik, 1,;. sole expense. Tenant shall maintain, repair and replace the interior walls, interior ceiling, and doors of the Premises at Tenant's sole expense. No assignment or sublease will be allowed without the Landlord's prior written consent. Tenant shall provide financial statements for the principals of the incorporated entity and shall sign a personal guaranty. Landlord's lease form acceptable to Tenant shall be used for this Transaction. Both Parties acknowledge and agree that David Hall and Cleavon Steele of Fursse Hall Realty, Inc. represents the Landlord and Richard Davidson of GVA Kidder Matthews represents the tenant and represent that no other brokers are involved in this transaction. Landlord agrees to pay a leasing fee to Fursse Hall Realty, Inc. and a commission as per the listing agreement of which4% of the gross aggregate rent shall be paid to GVA Kidder Matthews. All parties acknowledge receipt of the pamphlet "Law of Real Estate Agency" and Tenant By 1 J r Its Date 34,7 Date DOLLAR DEVELOPMENT GO, DOLL AR DEVELOPMENT co. SO. SEATTLE VISITORS CENTER OPTION 1 1915 S.F. DATE 1 3100 BLUILDING 6/30/09 PRONE ROOM s sAeuxies 7.' BASE CABDETS V/ TOP E o CD i p N 221 XI t 11 n u 11 r ri rn 0 o i Ti N N r7 a 8'-0' 12' -0• COUNTER TQK� VDRK ROOM 0 m 0 Tl n m 0 1 n m N 'o O n n m 0 5' -6' tU' -6• 4' 0 N Southside Visitor Center Photos Southside Visitor Center Photos Southside Visitor Center Photos Southside Visitor Center Photos Southside Visitor Center Photos —77' ,a-....., S'777'. 1 ;W i; 1 th i; 'S 4 St ',..--:4->-_,-..,. 4 f /ill I.e.& 3 -7" hit., i 4 ,c1)----- 0, r.. -71-4,...--- t' -S. 1 4th- i, ai-- avy S i 'r ""Str Rr" l' i'',.--- 1 ,71 Pi F 1 ,i o ,'9 1 a> 4.8tif F"'• •1" 'St”" '7' h---;--7 1 ..1.7 7 IL' i 7,7- 1 '=S ii!,71111 -l bj.irie n ill v w,----cp4---1,-- --.1 SW-L ----f Stir:520---St ..c. •1 •••f. 71 j I il 17 tl 1Z, it I,' I, .Heights ,z__ _.1• 1 5 C t 7 CT 30[1 s,,, I. 1-4--Stinnyclale 7i 42;1' it ;t0) 77 k'J7'..3, t T\ -14 fir -=-17- ;kk -r 0 ;St. Lil !I li If 1 I \V, 1S 6t.h St 1 j '",i ko' A f f' __1 (1 2-d--- 1 11 '7 :j1 1 1 Five Cdeners ,Iti r w---t->-1.[ 1 -T-T-T1F-11 t fC i; il 'I 509 f L. up Sorirlgs,,Park Light Rail Route 9 II e 1, Route to SSVS Li l c Hotels 1 1 1, 1 f 1 1 fir 1 17 :1 ftr 1-5 Information Signs 0 e J..v. CP ,j /%1 Car Rentals 4 .1 Bus Route 174 Normandy Park City f I Park 509, co a) Within 2 miles access of 1-5 Within 1.5 miles acces of 518 .84 miles from Seatac International Airport .2 miles from Seatac Light Rail Station .2 miles from Metro bus 174 to downtown 3100 Building map A North Seatac P Park,Sonset .8----r1p8th- Crystal 11 (17 fr S i.poih sr Playfields 0, .ceitf fq cri 1 '166th 6 1C) 7. 93100 BuildingI_I I I d) I-- '"•I I- I I I I S1 82nd St 7 2--- -----7 Valley Ridge Park ,I pi I. I I.M I i y.ii S:1--St 6. 't,t, 17,1., h s N' (1) Angle Lake 6, Copyright 01988-2004 Microsoft Corp. and/or its iers. All rights reserved. http://www.microsoft.comrstreels/ 0 Copyright 2003 by Geographic Data Technology, Inc. All rights reserved.* 2004 NAVTEQ. 011 rights reserved. This data includes information taken with permission from Canadian authorities Her Majesty the Queen in Right of Canada. 11 2 5 4.-'-- 1 Seattle Southside 1 Foster u 54B ====l Fort Dent. —I Park i1 i 40 k- Westfieldl 4 ;1 i "A, St a ;iv: spy -r--f------",1 f■ ;L ndei 1 I i n'ts 1, L-. CD CL .1 CD 1 I c\. 0 a— St i '8 co Briscoe b Park CTS s 194th St 0 mi '1 1 Kent 3reir, 900 I 1 Longacres <61 I n p u a s r t k ri a I 70, 76 a> Renton :I_ (1 73p I d f I 1 1 1.5 2 2.5 INTERLOCAL AGREEMENT FOR TOURISM AND MARKETING SERVICES BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATAC This Interlocal Agreement, made and entered into this January,31 2002, by and between the City of Tukwila, a municipal corporation, hereinafter called Tukwila and the City of SeaTac, a municipal corporation, hereinafter called SeaTac. RECITALS WHEREAS, SeaTac desires to purchase professional tourism marketing services for the purpose of increasing awareness of SeaTac and the surrounding area as a tourist destination; WHEREAS, Tukwila is willing to expand the scope of its existing tourism and marketing services to include SeaTac; WHEREAS, it is agreed that the most desirable arrangement for conducting this operation is an Interlocal Agreement; NOW THEREFORE, for the reasons recited above, and in consideration of the mutual covenants contained in this agreement, the parties agree as follows: SECTION ONE. SCOPE AND DESCRIPTION SECTION TWO. CONTRIBUTIONS -D/3 Pursuant to Chapter 39.34 RCW, Tukwila and SeaTac agree to jointly provide Tourism and Marketing services for the combined cities beginning February 1, 2002. This Interlocal Agreement shall be conducted under the program title of Seattle's Southside Visitor Services (SSVS) from -a- place of service at 16400- Southcenter Parkway, -City, of Tukwila,- County of King, and State of Washington. Services include but are not limited to providing comprehensive visitor information services to tourists and facilitating input from area tourism businesses for the purpose of developing, implementing and evaluating an annual marketing and media plans. The marketing and media plans includes budget information, implementation schedule and evaluation strategies. Tukwila is designated as Administrator responsible for administering this joint agreement. Basic Operational Expenses: Tukwila and SeaTac will share basic operational expenses for the SSVS. The basic operational expenses shall be based on a valuation derived from the final Tukwila Tourism Marketing Budget. SeaTac's contribution for the first year's (eleven months) basic operational expenses is valued at ONE HUNDRED AND FOUR THOUSAND FIVE HUNDRED DOLLARS ($104,500) to be paid to Tukwila in eleven equal payments of NINE THOUSAND AND FIVE HUNDRED DOLLARS ($9,500). SeaTac will pay Tukwila at the beginning of each month beginning February 2002. The basic annual operational cost contribution for SeaTac for 2003 and subsequent years will be determined annually during ORLGNA the budget process. Joint Media Campaign: Tukwila will implement a mutually agreed upon annual media campaign. Tukwila and SeaTac will share media campaign expenses equally for the SSVS. SeaTac will reimburse Tukwila for 50% of all media campaign commitments for the duration of the Interlocal Agreement. Tukwila will invoice SeaTac 50% of actual media commitments incurred at the end of each month. Joint Special Projects: Tukwila will implement mutually agreed upon supplemental marketing activities (special projects). Tukwila and SeaTac will share special project expenses equally. SeaTac will reimburse Tukwila for 50% of all special project commitments for the duration of the Interlocal Agreement. Tukwila will keep expense records of all special projects (including but not limited to web site development, printed materials, professional creative services, and direct mail campaigns). Tukwila will invoice SeaTac 50% of actual special projects commitments incurred at the end of each month. SeaTac Specific Projects: SeaTac will implement SeaTac specific projects. SeaTac will manage and assume 100% financial responsibility for all SeaTac specific projects. At such time as SeaTac and Tukwila mutually agree, Tukwila may advise or assist SeaTac regarding SeaTac specific projects. SECTION THREE. CONDUCT OF INTERLOCAL AGREEMENT Tukwila shall have following responsibilities as administrator of this Interlocal Agreement. Tukwila will: (a) conduct, manage, operate, and arrange all the business affairs of the tourism and mar -keting_services, to -hire other-. employees- needed to- carry- -on- the- business,- determine- the wages and make contracts with the employees, enter into other contracts in the name of and for the SSVS, and in general do anything ordinarily done by the manager of a business (b) facilitate the involvement of SeaTac tourism businesses into the existing Tukwila Tourism Networking Committee and hereafter the committee will be known as Seattle's Southside Tourism Networking Committee for the purposes of creating awareness, support and participating in SSVS various marketing activities (c) regularly attend SeaTac's Hotel Motel Tax Advisory Committee meeting (d) coordinate joint SeaTac and Tukwila Lodging Tax Advisory Board meetings (at least but not limited to two times annually) (e) prepare and implement annually approved marketing and media plans by the Tukwila Lodging Tax Advisory Board and SeaTac Hotel Motel Tax Advisory Committee and the Tukwila and SeaTac City Councils. (f) prepare and submit quarterly outcome reports to the Tukwila Lodging Tax Advisory Board January 17, 2002 Page 2 and SeaTac Hotel Motel Tax Advisory Committee (g) select subcontractors and vendors (h) ascertain creative production (typed layouts, type specs, mechanical assembly) Such authority may be increased or decreased from time to time on mutual written agreement of the cities. SECTION FOUR. RECORDS AND ACCOUNTING Tukwila shall maintain or cause to be maintained books of accounts concerning the total operation of the Interlocal Agreement, in which books shall be entered, fully and accurately, each transaction pertaining to the Interlocal Agreement. All the books will be open at any reasonable time for inspection and examination by SeaTac. The fiscal year of the Interlocal Agreement shall commence on January 1 and close on December 31 of each year of operation. All accounting based on fiscal year figures shall be completed within 45 days after the close of the fiscal year. SECTION FIVE. TERM The effective date of the Interlocal Agreement shall be February 1, 2002, and this Interlocal Agreement shall continue in effect for a period of three years from that date. On or before April 30, 2004 the cities will determine if this Interlocal Agreement may be continued for another period of three years, or for such time as the parties may then see fit. SECTION SIX. TERMINATION OF INTERLOCAL AGREEMENT It is agreed that either SeaTac or Tukwila may terminate this Interlocal Agreement with 60 days notice prior to the beginning of each new calendar year, and such termination shall be in writing. However, the party initiating the termination shall be responsible for paying 50% of any remaining office lease obligation. The agreement can be terminated at any time provided both parties are in agreement on the terms of such termination. Tukwila maintains ownership of all SSVS capital assets at the termination of this Interlocal Agreement except any such assets purchased by SeaTac with its own funds. SECTION SEVEN. HOLD HARMLESS OF INTERLOCAL AGREEMENT Tukwila and SeaTac agree that each party shall defend, indemnify, and hold harmless the other party and its officers, officials, agents employees, and volunteers from any and all claims, January 17, 2002 Page 3 injuries, actions, damages, losses or suites including reasonable attorney's fees, which arise out of, are connected with, or due to any errors, omissions or negligent acts in the performance of this agreement, except for each party's own comparative negligence. In witness whereof, the parties have executed this Interlocal Agreement at the day and year first above written. CITY OF TUKWILA CITY OF SEATAC O r.0 IANAA 441C— Steve Mullet, Mayor Attest: abal 30.(tiL Red- City Clerk Approved as to Form: S1•‘ City Attorney January 17, 2002 Ja f Hol an, Acting City Manager Attest: 6 Judith L. Cary, City Clerk v Approved as to Form: Robert L. McAdams City Attorney Page 4 INTERLOCAL AGREEMENer FOR TOURISM AND MARKETING SERVICES BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATAC Pursuant to Section Five of the interlace! Agreement between the City of Tukwila and City of SeaTac, the parties agree to extend the Agreement beyond the three year expiration date of January 31, 2005, until terminated. CITY OF TUKWILA By: Steven Mullet Mayor Approved as to Form: APP'S d+- 19-a -F City of Tukwila Bob Baker, CMC Deputy City Clerk Administrative Services Department 206 433 -1854 6200 Southcenter Boulevard Tukwila. Washington 98188 -2544 Aik 02:0 3 Ca) 2izx Ok EXTENSION OF AGREEMENT LETTER OF INTENT CITY OF SEATAC By: ruce Rayburn City Manager Approved .as to Form: Jv e 0 4A-ti Mary Mira City Attorney v51 e COL mfa/ i r) to r Seattle Southside Office Space Estimated Moving Expenses Items neede End Tables Coffee Table Lobby Chairs Potted Plants Certified Kiosk 3 -D Logo Sign Outdoor Building Sign Sign Install Computers Stations Phones Head Sets Security Monitors Flat Screen TV Wall mount Exhibit Stands Spot Lighting Desk Chairs Stationary Re- design Stationary Printing Phone /Cable Install Lease Holdover Moving Cost Price Amount $400.00 2 $550.00 1 $800.00 3 $100.00 2 $0.00 2 $1,600.00 1 $3,000.00 2 $600.00 3 $1,000.00 3 $200.00 4 $250.00 2 $300.00 1 $1,200.00 1 $100.00 1 $500.00 4 $150.00 1 $200.00 4 $1,800.00 1 $3,200.00 1 $3,000.00 1 $1,500.00 2 $1,117.70 1 Grand Total $37,749.47 Sales Tax 10% Draft 9/3/09 Total $800.00 $550.00 $2,400.00 $200.00 $0.00 $1,600.00 Estimate $6,000.00 Estimate $1,800.00 Estimate $3,000.00 $800.00 $500.00 $300.00 $1,200.00 $100.00 $2,000.00 $150.00 $800.00 $1,800.00 $3,200.00 Estimate $3,000.00 $3,000.00 $1,117.70 Estimate $34,317.70 $3,431.77 Finance Safety Committee Minutes September 9, 2009 Paae 2 B. Seattle Southside Visitor Center Lease Staff is seeking full Council direction regarding a new office location. Seattle Southside Visitor Center's current lease ended on August 31, 2009 and is now continuing on a month -to -month basis. After a lengthy review of available office space locations, staff has selected the two best alternatives and is now seeking Council selection of a preferred alternative. Staff recommends moving the SSVS offices to a new location at 3100 South 176 Street, in SeaTac. Staff indicated that in 2002 Tukwila and the City of SeaTac entered into an Interlocal Agreement for joint tourism and marketing services for the combined cities under the program title Seattle Southside Visitors Services. The partnership between the two cities has been mutually beneficial, and SeaTac is committed to assisting SSVS with acquiring a new space that will benefit both cities. Jeff Robinson, City of SeaTac Economic Development Administrator, indicated at their Hotel -Motel Advisory Committee (HMAC) meeting, the Committee indicated they have authorized the expenditure of a not to exceed $50,000 for moving and tenant improvements, if SSVS were to acquire a new office location in SeaTac. Preserving the partnership between the two cities is the most important factor of the request. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. C. Solid Waste Utility Tax Ordinance Staff is seeking full Council approval for a six percent solid waste utility tax on gross receipts of any solid waste and recycling activities within the City limits on commercial accounts. Residential accounts, defined as a single family residential structure, including mobile homes and duplexes, tri- plexes and four plexes, are not included. Condominium and apartment complexes are classified as a commercial account. The City is in need of increasing revenue and reducing expenditures in an attempt to address our current revenue shortfalls. The City currently taxes electricity, gas and telephone utilities at the maximum of six percent. The tax is also in recognition of the cost of maintenance of City streets given the nature of solid waste collection, the size and type of equipment used and the normal wear and tear on our streets by that equipment. In 2008, a survey was conducted by the Association of Washington Cities indicating over 140 cities tax solid waste at the six percent level. Staff has based their recommendation on the AWC Survey results. Current rates for a 6 -yard container are $57.37, with a six percent increase, the new rate would be $60.81, which equals an increase of $3.44 per month. A 6 -yard container is a common size used at multi- family complexes. The Committee reviewed and discussed the impacts to the rental population. The Committee was unanimous regarding the six percent utility tax and the Commercial Residential definitions. Committee Chair Linder requested the information relating to the amount of the increase per month is published in the next Hazelnut. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION. D. New Checking Account. Shawn reviewed the history of the Finance Department's implementation of an armored car service several months ago with daily pickup and delivery to U.S. Bank, eliminating the need for Finance staff to drive to the bank each day. The Municipal Court utilizes Wells Fargo Bank for their banking. The current contract with the armored car service is for U.S. Bank. It was decided that the Court staff would drive their deposit to Wells Fargo daily, rather than contract with a separate armored car service, at an increased expense. The Municipal Court has now indicated they would like to change banks from Wells Fargo Bank to U.S. Bank effective October 1, 2009. The primary reason for this change is to enable the Court to take advantage of the armored car service currently that is being provided by Finance. INFORMATION ONLY. CAS NUMMI::R: 09 13 L COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayors review I Council re vier 09/14/09 LV 1 A4t..4- ITEM INFORMATION ORIGINAL AGENDA DAM: SEPTEMBER 14, 2009 A( %ND.\ I"t•i ,m Tim: Update on progress implementing Tukwila South Development Agreement civil Goity Discussion n Motion Resolution n Ordinance Bid Award 1 1tg Date 9/14/09 Mtg Date Mtg Date Mtg Date A1tg Date SP( )NSOR Council Mayor Adm Svcs DCD Finance Fire Lesal ITEM NO. Public Hearing Other A1tg Date 111 tg Date Pe7R Police PIP' SPONSOR'S Update on progress implementing Tukwlia South Development Agreement, including areas Sr'Mtir,\RY such as Accountant, Escrow Agent, Annexation, Fire Station land, Levee modification application, and Green River trail /shoreline issues. Task list /timeline for starting construction on Southcenter Parkway Extension included. This issue is for information only and does not need to move forward to the Regular Meeting. RI?\•rl.,WI?I) BY COW Mtg. n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 1 Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: S1( )NS()R /ADMIN. Mayor's Office COMMrrrEF: N/A COST IMPACT FUND SOURCE ElPI?NDI "rURI Rr,c QUIRW?D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 9/14/09 1 MTG. DATE ATTACHMENTS 9/14/09 Informational Memorandum dated 9 -14 -09 City of Tukwila Committee of the Whole Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: September 14, 2009 TO: RECOMMENDATION Information Only. INFORMATIONAL MEMORANDUM SUBJECT: Tukwila South Development Agreement Update INFORMATION ONLY ISSUE Brief update on progress implementing the Tukwila South Development Agreement. DISCUSSION Coming forward in the next few weeks for Council review will be contracts and contract amendments concerning Southcenter Parkway Extension. A task list /timeline of items necessary to starting construction in Spring, 2010 is shown on Page 2 of this memo. Jim Haggerton, Mayor On June 8, 2009, the City Council adopted Ordinance 2233 approving the Tukwila South Development Agreement (DA). On June 10, the DA was signed by Mario Segale, representing La Pianta LLC, and by Mayor Haggerton, representing the City. Progress on implementing the terms of the DA has been made on several fronts. Staff and La Pianta representatives would like to make a brief presentation to the Committee of the Whole to identify the accomplishments to date. We had a brief update discussion at Community Affairs and Parks Committee on August 24, 2009; the Committee recommended future updates be made at COW meetings. We will provide updates on the DA terms, such as those listed below, and answer questions: Accountant Escrow agent Annexation Fire Station land Levee modification application Green River trail /shoreline issues We are continuing with the process that has been used for Tukwila South of bringing issues to the Committee of the Whole for review by the whole Council at one time and then to Regular Session for decisions, as agreed to by consensus at the August 24, 2009 Committee of the Whole meeting. INFORMATIONAL MEMO P 2 Construction begins Task List/Time 2010 Apr Mav Southcenter Parkway Mar 9_3 -09 tan Feb 2009 Dec Oct Nov Sept Notes Annex Signed 6/09 public Council rnent Agreeme fitted adopt effective I d p elop teem 1\101 subm 8109 Start X X Annexation X design work X aining (same timeline X Finish rem as design) integrate /coordinate with PSE P Water X ent with Highlin Issue Agreeme Submit District X 2 R OW control through 2 R OW Certification W SDOT USAGE 404 Permit Contracts with CERB, Capital 7 Projects Contract with TO (1 month) Advertise for contract (1 m onth) r e commen dation, Bid e valuation contract (2-4 weeks) award of c onstructi on and sign (1 week for city; Develop 30 days for Notice to proce contractor?) 14th (Monday) Community Affairs Parks Cmte, 5: 00 PM (CR #3) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) First class for the Fall 2009 Citizens' Police Academy. Visit http: /www.ci. tukwila.wa.us /soli ce /odcrimen. html 21st (Monday) 22nd (Tuesday) 23rd (Wednesday) 24th (Thursday) 25th (Friday) 26th (Saturday) City Council Regular Mtg., 7:00 PM (Council Chambers) 15th (Tuesday) Utilitics Cmte CANCELLED Transportation Finance Cmte, Safety Cmte, 5:00 PM 5:00 PM (CR #1) (CR #3) City Council Special Mtg. (Work Session on Shoreline Master Program) 6:00 to 8:00 PM (Council Chambers) Upcoming Meetings Events SEPTEMBER 2009 16th (Wednesday) Parks Commission, 5:30 PM (Community Center) D Library Advisory Beard MEETING WAS RESCHEDULED AND HELD SEPT. 9TH. COPCAB, 6:30 PM (CR #5) ARE YOU FLOOD READY? Information for businesses in the Auburn, Kent, Renton and Tukwila areas Presentations from the U.S. Army Corps of Engineers, Puget Sound Energy, FEMA, and Washington State Business Continuity Planning 5:00 to 7:00 PM ShoWare Center 625 W. James Si., Kent Please call Auburn Area Chamber of Commerce (253- 833 -0700) for reservations or more info. 17th (Thursday) Crime Hot Spots Task Force Mtg., 10:00 AM (CR #5) D Domestic Violence Task Force, 12:00 NOON (Human Svcs. office) Tukwila Historical Society, 7:00 PM (Nelsen Family Historical Trust Home) Planning Commission, 7:00 PM (Council Chambers) 18th (Friday) Human Services Providers, 11:30 Am (Community Center) 19th (Saturday) Tukwila Int'1. Blvd. Action Cmte's Trash Pickup Day 9:00 10:00 AM For location contact Rick at rick@forschler. org D City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. D Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3. Agenda items for 9/14/09 meeting: (A) Housekeeping code amendments. (B) Comprehensive Plan amendments. 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. D Human Services Providers: Quarterly, 11:30 AM, TCC (2009 3/20, 6/19, 9/18, and 12/4). Contact Stacy Hansen at 206 -433 -7181. 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. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. D Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. 3 Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. 9/15/09 meeting has been cancelled. MONTH MEETING 1- MEETING 2 MEETING 3 REGULAR C.O.W. REGULAR September 8 (Tuesday) 14 7th —Labor Day (Cifij offices closed) October Tentative Agenda Schedule 5 12 Special Presentation: Community Schools Collaboration update See agenda packet cover sheet for this week's agenda (September 14, 2009 Committee of the Whole Meeting) 21 Special Presentations: Professional Finance Officer's award from WFOA to Shawn Hunstock, Finance Director Tukwila School District English Language Learners Program (Dave Larson, Program Director) Proclamation: Mayor's Day of Concern for the Hungry Bid Award: Macadam Road Bridge Soffit Repairs Public Hearing: Resolution of intent to form Local Improvement District (LID) for Klickitat project Unfinished Business: Resolution of intent to form Local Improve- ment District (LID) for Klickitat project Ordinance adopting the 2008 EIectrical Code Acceptance of COPS grant Resolution declaring certain property surplus as a response to Howard Hanson Dam issues Interlocal agreement with King County for 2009 Annual Small Drainage Program Solid waste utility tax ordinance Seattle Southside Visitor Center lease 19 MEETING 4 C.O.W. 28 Special Presentation: Duwamish tribe update (Cecile Hanson) Proclamation: Proclamation declaring September 28, 2009 as Tukwila's First Nation Day 26