HomeMy WebLinkAboutCOW 2007-10-22 COMPLETE AGENDA PACKET _Jw+g Tukwila City Council Agenda
o a 1 ►r COMMITTEE OF THE WHOLE
O Steven M. Mullet Mayor Councilmembers: oe Duffie Joan Hernandez
1 %V Rhonda Berry, City Administrator JPam Carter J Jim Haggerton
Verna Griffin Council President Pamela Linder Dennis Robertson
i908
To be followed by a Special Meeting.
Monday, October 22, 2007, 7 :00 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL a. Capacity Building Project for Tukwila Pantry and Tukwila Community Schools
PRESENTA Collaboration; Liz Heath, Capacity Project Consultant.
TIONS b. Tukwila Community Schools Collaboration funding request for School Year
2008 -2009; Deborah Salas, Executive Director.
3. CITIZEN At this time, you are invited to comment on items not included on this agenda
COMMENT (please limit your continents to five minutes per citizen). To comment on an item listed
on this agenda, please save your comments until the issue is presented for discussion.
4. SPECIAL a. Participation in the Interlocal Cooperation Agreement for the Regional Pg.1
ISSUES Affordable Housing Program (RAHP).
b. Climate Change resolution regarding City operations. Pg.31
c. State grant funds for Fort Dent /Interurban Avenue South Sewer Extension. Pg.45
d. Consultant selection for Stormwater Management Plan. Pg.67
e. An interlocal agreement for Jail Study. Pg.89
f. 2008 Property Tax Levy ordinances (2). p
g. A resolution authorizing the Mayor to negotiate an agreement for construction Pg.109
of Southcenter Parkway with LaPianta, LLC.
h. Budget proposals from councilmembers. Pg.127
i. Review of 2008 Proposed Budget and OR Pg.131
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURN TO SPECIAL MEETING
SPECIAL MEETING
Ord 2180 Res #1649
1. CALL TO ORDER ROLL CALL
2. CONSENT a. Approval of minutes: 10/8/07 (Special).
AGENDA b. Approval of vouchers.
3. UNFINISHED Authorize the Mayor to sign an interlocal agreement with King County for Pg.1
BUSINESS participation in the Regional Affordable Housing Program (see Item 4.a. above).
4. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice
to the City Clerk's Office 206 433 1800/TDD 206 248 2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
4
14 Initials IlL�M vz
P�� 1 1 Meeting Date I Prepared b 1 Mayor's review 1 Council review 1
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ITEM INFORMATION
CAS NUMBER: 07-122 IORIGINAL AGENDA DATE: 10/22/07
AGENDA ITEM TITLE Regional Affordable Housing Program (RHAP) Interlocal Agreement
CATEGORY Discussion Motion Resolution (1 Ordinance Bid Award Public Heanng Other
Mtg Date 10/22/07 Mtg Date 10/22/07 Mtg Date Mtg Date llltg Date illtg Date Mtg Date
'SPONSOR [Si Council Mayor Adm Svcs DCD Finance Fire Lngal P&R Police PW
SPONSOR'S The Council is being asked to authorize the Mayor to sign an agreement with King County
SUMMARY for the Regional Affordable Housing Program Agreement.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte 111 Arts Comm. Parks Comm. Planning Comm.
DA 11~;: 09/11/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approval of Agreement
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
So
Fund Source:
Comments:
MTG. DATE RECORD O.F COUNCIL ACTION
10/22/07
MTG. DATE ATTACHMENTS
10/22/07 Informational Memo dated 09/10/07
Correspondence from King County Executive dated 7/11/07
Interlocal Agreement
Minutes from the Community Affairs and Parks Committee Meeting of 09/11/07
INFORMATION MEMO
To: Mayor Mullet, City Council
From: Evie Boykan A
Date: 9/10/07
Subject: Updated Interlocal Cooperation Agreement for the Regional Affordable
Housing Program (RAHP)
ISSUE
The agreement and administrative guidelines of the RAHP interlocal spell out how the funds
from Substitute House Bill 2060 (SHB document recording fee) revenues are to be used to
support affordable housing throughout King County. The agreement between the City and the
County must be reviewed and authorized (if supported), by Council and Administration for the
years 2007 -2011. We are already participating in the current agreement.
BACKGROUND
SHB created a surcharge on the document recording fee to support affordable housing projects at
the state and local level. The County is allowed to keep 5% off the top to cover the cost of
collection and administration. Of the remainder, 40% is remitted to the State and 60% is retained
by the county for use in the Housing Opportunity fund. These dollars are allocated to affordable
income housing projects pursuant to the interlocal agreement between the county and suburban
cities. The current agreement expired in December 2006.
Our participation in the planning process for the RAHP dollars allows us to appoint a staff person
to participate in the Interjurisdictional Advisory Group (IAG). Evie Boykan, Human Services
Manager has served in this capacity, reviewing projects from the South subregion and working
with the County Housing and Community development staff to make funding recommendations
to the interjurisdictional Joint Recommendations committee. The IAG reviews not only RAHP
dollars, but the federal Community Development Block Grant Funds. It is the CDBG funds
which Tukwila applies to annually to run the Tukwila Minor Home Repair program.
The major principles of the updated Interlocal agreement are attached within the letter from
Executive Ron Sims. RAHP Administrative guidelines include allocation targets for projects
based on subregional geographic areas. Attached also is the current distribution of RAHP dollars.
DISCUSSION /ANALYSIS /ALTERNATIVES
Our participation in this agreement has given us the opportunity to influence the use of county,
state and federal dollars for affordable housing and community development purposes.
RECOMMENDATION
Recommend continued participation in the Interlocal Agreement. Refer to full Council for
Mayor's signature authorization.
King County
Ron Sims
King County Executive
701 Fifth Avenue, Suite 3210
Seattle, WA 98104
206- 296 -4040 Fax 206 296 -0194
TTY Relay: 711
www.metrokc.gov July 11, 2007
Dear Mayors, City Managers, Community Development Block Grant and HOME Consortium
Coordinators:
I am very pleased to present for your city's review and approval, the updated Interlocal
Cooperation Agreement for the Regional Affordable Housing Program (RAHP), and the RAHP
Administrative Guidelines, attached thereto as Exhibit 1. This regional partnership will continue
to benefit our communities through the provision of new affordable housing for many years to
come.
As you may recall, there was an initial planning process in 2002 to establish an Interlocal
Cooperation Agreement and Administrative Guidelines for Substitute House Bill 2060 revenues.
The Agreement was in place for four years and called for a planning process to begin before its
expiration in December 2006. Accordingly, King County staff convened participants from local
jurisdictions and from the housing community during 2006 to plan for updates to the Agreement
and administrative guidelines.
The planning group updated the administrative guidelines to make the program more responsive
to the Ten -Year Plan to End Homelessness in King County, while preserving the flexibility of the
program to address a variety of affordable housing needs throughout the region.
I encourage all cities in King County to sign on to the RAHP Agreement in order to adhere to the
language of the SHB 2060 legislation, which states that the funds are to be administered
"...according to an interlocal agreement between the county and the cities within the county..."
The Ordinance adopting the new Agreement and Administrative Guidelines was passed by the
Metropolitan King County Council earlier this year and was enacted March 7, 2007. Cities have
until February 1, 2008, to take action through an ordinance or resolution by each jurisdiction's
council.
The RAHP guidelines allow a city to participate as much or as little as desired in the program.
Staff level: All cities are invited to appoint a staff person to participate in the
Interjurisdictional Advisory Group (IAG). On the IAG, staff will review projects from
their sub region and work with the King County Housing and Community Development
staff to make funding recommendations to the interjurisdictional Joint Recommendations
Committee, currently chaired by Mayor Ava Frisinger of Issaquah. If staff members
from your city have not participated in the IAG, but would now like to participate, please
King County is an Equal Opportunity /Affirmative Action Employer :em■
and complies with the Americans with Disabilities Act
Mayors, City Managers, CDBG and HOME Consortium Coordinators
July 11, 2007
Page 2 of 2
contact John deChadenedes with the King County Housing and Community Development
Program at 206 296 -8669.
Elected Official/Department Director level: Your city may also have the opportunity to
have a representative on the Joint Recommendations Committee (JRC). If you would
like more information on the JRC and how cities' representatives are appointed, please
contact Issaquah Mayor Ava Frisinger at 425- 837 -3021, or Jackie MacLean, King
County Department of Community and Human Services Director, at 206 296 -7689.
The RAHP Administrative Guidelines continue to include allocation targets for projects to be
located throughout the region based on three large sub regional areas: the City of Seattle,
East/North King County, and South King County. Project location is not necessarily tied to
whether a particular jurisdiction has signed the Interlocal Agreement.
If you have any questions regarding the RAHP Agreement or the Administrative Guidelines,
please feel free to contact Cheryl Markham, Acting Program Manager of King County's Housing
and Community Development Program, at 206 205 -1417.
Please return your signed Agreement to the attention of Cheryl Markham, King County Housing
and Community Development Program, 821 2 Avenue, Suite 500, Seattle, WA 98104.
Thank you for your assistance in making this regional program a success.
mcere
\K
on Si
King County Executive
Enclosures
cc: Jackie MacLean, Director, Department of Community and Human Services
ATTN: Linda Peterson, Division Director, Community Services Division
Cheryl Markham, Acting Program Manager, Housing and Community
Development Program
Subregional distribution of RAHP allocation 2003 -2006 and current ILA (2007 -2011)
Subregion: South I North /East I Seattle
2003 2006 Funds: Subregional target 32.3% 28.3% 39.4%
Fall 2003 goal 849,000 969,000 1,180,500
2003 Proposed 2003 allocation 380,910 1,438,590 1,180,500
Actual subregional percentage 12.7% 48.0% 39.4/
1 1 1
Fall 2004 goal to meet interiocal targets 2,287,022 898,948 2,069,752
2004 Proposed 2004 allocation 1,489,000 2,146,112 1,624,740
Actual subregional percentage 22.6% 43.4% 34 0%
1 1 1
Fall 2005 goal to meet interlocal targets 1,185,828 1,353,787
Proposed 2005 allocation 1,085,828
AHA Holden Family Housing 670,000 670,000
2005 06 DESC Rainier Housing 1,353,787 1,353,787
Rental Rehab Program 100,000
Actual subregional percentage this round 25.1% 29.5% 34.2%
Final percentage for 2003 2006 31.9% 29.1% 39.0%
;?;:q-Y!-It t=
Subregion: South North /East Seattle*
2007- 2011` Funds: Subregional targets 32.3% 28.3% 39.4%
Fall 2006 goal (based on targets) 1,386,000 1,214,000 3,178,000
Proposed 2006ailocation 1,720,000 324,375 1,400,000
Dash Pyramid Pointe 600,000
FFC FFC Community Homes 230,000
HWSMH Burien Heights Residences 680,000
2006 07 St. Thomas Housing Group Group Home 324,375
Habitat for Humanity HUD Home 30,000
Habitat for Humanity Tukwiila Home 30,000
Community Homes Houses 5 6 150,000
Interim Samaki Commons 1,400,000
Reserve for Rental Rehab Program 150,000
Actual subregional percentage (current 1L4 only) I 4 9.4% 9.4% 40.6%
File: RAHP Allocations Update 7.27.2007.xls jdec: 07/31/2007
REGIONAL AFFORDABLE HOUSING PROGRAM
INTERLOCAL COOPERATION AGREEMENT
An Agreement for the use of SHB 2060 Local Low Income
Housing Funds in King County
THIS AGREEMENT is entered into between King County, a municipal corporation and
political subdivision of the State of Washington, hereinafter referred to as the "county and the
City of hereinafter referred to as the "city said parties to the
Agreement each being a unit of general local government of the State of Washington.
RECITALS
WHEREAS, the King County Countywide Planning Policies, hereinafter referred to as
the "CPPs developed pursuant to the Washington State Growth Management Act, have
established standards for cities to plan for their share of regional growth and affordable housing;
and
WHEREAS, to implement the CPPs, the King County Growth Management Planning
Council appointed a public private Housing Finance Task Force in 1994, hereinafter referred to
as the "HFTF to recommend potential fund sources for affordable housing for existing low
income residents and for meeting the affordable housing targets for future growth; and
RAHP Interlocal Agreement 1 of 11 2007 -2011
WHEREAS the HFTF recommended a document recording fee as a source of regional
dollars for low- income housing development and support, and recommended that representatives
of the county, cities and the housing community work together to make decisions about the use
and administration of such a fund; and
WHEREAS in March 2002, Substitute House Bill 2060, hereinafter referred to as SHB
2060, was passed by the Washington State Legislature and was signed into law by the Governor
as Chapter 294, 2002 Washington Laws in April 2002, was effective on June 13, 2002, and was
amended by Chapter 484, 2005 Washington Laws on August 1, 2005. SHB 2060, as amended,
is codified in part as RCW 36.22.178 and provides that:
[A] surcharge of ten dollars per instrument shall be charged by the
county auditor for each real property document recorded, which will be in
addition to any other charge authorized by law. The county may retain up to
five percent of these funds collected solely for the collection, administration
and local distribution of the funds. Of the remaining funds, forty percent of
the revenue generated through this surcharge will be transmitted monthly to
the state treasurer All of the remaining funds generated by this surcharge
will be retained by the county and deposited into a fund that must be used
by the county and its cities and towns for housing projects or units within
housing projects that are affordable to very low- income households at or
below fifty percent of the area median income. The portion of the surcharge
retained by a county shall be allocated pursuant to very low income housing
RAHP Interloeal Agreement 2 of 11 2007 -2011
projects or units within such housing projects in the county and cities within
the county, according to an interlocal agreement between the county and the
cities within the county, consistent with countywide and local housing needs
and policies [and in accordance with the eligible activities listed in the
RCW 36.22.178].
and
WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between
King County and cities in the King County Community Development Block Grant Consortium,
hereinafter referred to as the "CDBG Consortium Agreements and/or existing Interlocal
Cooperation Agreements between King County and cities in the King County HOME Investment
Partnerships Program Consortium, hereinafter referred to as the "HOME Consortium
Agreements are not modified by this Regional Affordable Housing Program Agreement; and
WHEREAS, the city and county agree that affordable housing is a regional issue, that
cooperation between the cities and the county is beneficial to the region, and that a regional
approach to utilizing the RCW 36.22.178 funds will allow those funds to be used in the most
productive manner; and
WHEREAS, it is mutually beneficial and desirable to enter into a cooperative agreement
in order to administer the RCW 36.22.178 revenue as a regional fund, as authorized by the
Intergovernmental Cooperation Act, RCW 39.34, and, as required by RCW 36.22.178
RAHP Interlocal Agreement 3 of 11 2007 -2011
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING
CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. Definitions and Internretation.
Capitalized terms used herein shall have the following meanings unless the context in which they
are used clearly requires otherwise.
"Joint Recommendations Committee" or "JRC" means the interjurisdictional body developed
pursuant to and the CDBG and HOME Consortia Agreements as described in Section III of this
Agreement.
"Interjurisdictional Advisory Committee" or "Advisory Committee" means the work group
consisting of representatives from cities eligible to participate in the Regional Affordable
Housing Program, and from the county. This group is advisory to the JRC.
"RAHP /2060 Planning Group" means the planning group consisting of representatives from
the cities, from the county, and from housing and human services agencies serving King County,
that will convene during the year the Regional Affordable Housing Program Guidelines expire to
review the program and the guidelines and to recommend any changes or updates to the
guidelines to the JRC.
RAHP Interlocal Agreement 4 of 11 2007 -2011
II. General Agreement
The purpose of this Agreement is to establish the "Regional Affordable Housing Program"
(hereinafter referred to as the "RAHP to be administered by King County in cooperation with
cities and towns within the county that are eligible to participate in the program. The local
portion of RCW 36.22.178 revenue shall be administered as a regional fund by the King County
Housing and Community Development Program in a manner that is consistent with countywide
and local housing needs and policies. The city and the county agree to cooperate in undertaking
RAHP activities as set forth herein.
III. Administration, Distribution and Use of the RAMP.
A. Joint Recommendations Committee
An interjurisdictional Joint Recommendations Committee (JRC) has been established
through the CDBG and HOME Consortia Interlocal Cooperation Agreements and is
hereby adopted as part of this Agreement. Changes to the JRC that occur in the
CDBG and HOME Consortia Interlocal Agreements are incorporated by reference
into this Agreement.
1. Composition of the JRC. For RAHP purposes, the JRC shall be composed of
cities' representatives and county representatives as specified in the CDBG and
HOME Consortia Agreements, with the addition of an appointment from the City
of Seattle. The Seattle JRC representative will only attend JRC meetings that
RAHP Interlocal Agreement 5 of 11 2007 -2011
concern the RAHP funds and will be entitled to vote solely on RAHP issues and
not on other King County Consortium matters coming before the JRC. The
Seattle representative shall be an elected official, department director or
comparable level staff.
2. Powers and Duties of the JRC. The JRC shall be empowered to:
a. Review and adopt annual RAHP fund allocations.
b. Review and adopt RAHP allocation policies.
c. Review and adopt any subsequent updates to the RAHP Administrative
Guidelines, as appropriate, and when they expire in 2010 (the RAHP
Admininstrative Guidelines are attached to this Agreement as Exhibit 1).
A jurisdiction that is party to this Agreement may dispute a JRC decision
concerning the RAHP Guidelines by informing the JRC Chair of the
dispute, and the JRC Chair will schedule time on the JRC agenda to
discuss and resolve the disputed issue.
In carrying out its duties, the JRC shall make decisions that are consistent with
the RCW 36.22.178, the Consolidated Housing and Community Development
Plan of the King County Consortium and the City of Seattle, the Ten Year
Plan to End Homelessness in King County and other local housing plans, as
applicable.
3. Interiurisdictional Advisory Committee to the JRC. In fulfilling its duties under
this Agreement, the JRC shall consider the advice of an Advisory Committee,
made up of representatives from those jurisdictions eligible to participate in the
RAHP Interlocal Agreement 6 of 11 2007 -2011
RAHP that choose to send representation. The Advisory Committee will meet at
least once per year with King County staff to recommend projects for RAHP
funding to the JRC and may monitor the distribution of RAHP funds to the sub-
regions and make recommendations to the JRC concerning actions to achieve
geographic equity. If the Advisory Committee considers issues other than the
RAHP, the staff from the City of Seattle shall only participate for the purpose of
making RAHP recommendations.
B. Administration of RAHP Programs. The King County Housing and Community
Development Program "HCD staff shall distribute RAHP funds pursuant to the
allocations adopted annually by the JRC, and shall administer the program pursuant to
the terms of this Agreement and the RAHP Administrative Guidelines.
King County HCD staff shall provide the JRC and the Advisory Committee with an
annual report that provides information about the capital housing projects that were
awarded RAHP funds in that year, as well as the status of capital housing projects that
were awarded RAHP funds in a prior year(s).
King County HCD staff shall invite the representatives of cities that are a party to this
Agreement to be involved in any work groups convened to update the RAHP
Operations and Maintenance "O &M Fund policies, and to be on the review panel
that will recommend O &M funding awards to the JRC.
RAHP Interlocal Agreement 7 of 11 2007 -2011
C. Administrative Costs. The county agrees to pay the costs of administering the
Regional Affordable Housing Program out of the five percent (5 of the funds
collected by the county for expenses related to collection, administration and local
distribution of the funds, pursuant to RCW 36.22.178. No portion of the sixty percent
(60 of the RCW 36.22.178 revenue retained by the county in a fund for the RAHP
shall be utilized for RAHP administration.
D. Interest on the RAHP Fund. Interest accrued on the sixty percent (60 of the RCW
36.22.178 revenue retained by the county in a fund for the RAHP shall remain with
the RAHP fund and will be distributed to projects according to the subregional
allocation target formula found in the RAHP Administrative Guidelines.
E. Sub Regional Geoeranhic Eauity. The parties intend that the RAHP funds shall be
awarded to projects throughout King County in a fair and equitable manner over the
duration of this Agreement. Equity is to be achieved through sub regional allocation
targets, as follows: A fixed percentage of RAHP Local funds will be allocated to each
sub region of the county identified in the RAHP Administrative Guidelines by the
expiration of this Agreement. The percentage goals for each sub region set by the
formula in the RAHP Administrative Guidelines shall by updated by the JRC when
new data is available.
RAHP Interlocal Agreement 8 of 11 2007 -2011
F. General Use of Funds. The local portion of the RCW 36.22.178 revenue shall be
utilized to meet regional housing priorities for households at or below fifty percent
(50 of area median income, as established in the RAHP Administrative Guidelines.
G. Compliance with Fair Housing Laws. Parties to this Agreement must take actions
necessary to ensure compliance with the Federal Fair Housing Act, as amended, the
Americans with Disabilities Act of 1990, and other applicable state and local fair
housing laws.
IV. Effective Date
This Agreement shall be effective on January 1, 2007.
V. Agreement Duration
This Agreement shall remain in effect through December 31, 2011.
VI. General Matters and Recordine
A. No separate legal or administrative entity is created by this Agreement. Neither
the JRC, the Advisory Committee, nor the RAHP /2060 Planning Group are
anticipated to acquire or to hold any real or personal property pursuant to this
Agreement. Any personal property utilized in the normal course of the work of
such bodies shall remain the property of the person, entity or city initially offering
such personal property for the use of any such body.
RAHP Interlocal Agreement 9 of 11 2007 -2011
B. The county may terminate this Agreement if at least forty percent (40 of the
jurisdictions in King County representing seventy -five percent (75 of the
population of King County have not signed this Agreement by February 1, 2008.
C. Recording Pursuant to RCW 39.34.040, this Agreement shall be filed with King
County Records.
KING COUNTY, WASHINGTON CITY OF
For King County Executive By: Signature
Jackie MacLean, Director
Printed Name Printed Name
Department of Community and Human Services
Title
Date Date
Approved as to Form: Approved as to Form:
OFFICE OF THE KING COUNTY CITY OF
PROSECUTING ATTORNEY CITY ATTORNEY
Michael Sinsky, King County Senior Deputy City Attorney
Prosecuting Attorney
ATTEST:
CITY OF
City Clerk
RAI-IP Interlocal Agreement 10 of 11 2007 -2011
EXEIIBIT 1
King County Regional Affordable Housing Program
Administrative Guidelines for 2007 2011
I. Introduction
The provisions of Substitute House Bill (SHB) 2060 became effective in Washington
State on June 13, 2002.
SHB 2060 created a document recording fee on certain documents to be utilized for low
income housing. Administration of the fund is shared between local governments and the State.
The local portion of SHB 2060 funds is to be administered pursuant to a cooperative agreement
between the county and the cities and towns within King County.
The work of the Housing Finance Task Force (HFTF), appointed by the King County
Growth Management Planning Council in 1994, led to the passage of SHB 2060. In recognition
of the recommendations made by the HFTF, a Regional Affordable Housing Program
(RAHP) /2060 Planning Group convenes to plan for the use of King County SHB 2060 funds.
The King County RAHP /2060 Planning Group is made up of city representatives, county
representatives, and representatives from a variety of private housing and services organizations
in King County.
City representatives have included staff from the cities of: Burien, Tukwila, Kent, Federal Way, Redmond,
Kirkland, Issaquah, Shoreline, Covington, Seatac, Auburn, Seattle, Bellevue and ARCH
Housing and services organization representatives included staff from the following: Seattle -King County Housing
Development Consortium, Impact Capital, South King County Multi Service Center, Hopelink, Fremont Public
Association, Seattle Habitat for Humanity, South King County Habitat for Humanity, Friends of Youth, the Salvation
Army, Community Psychiatric Clinic, Lifelong Aids Alliance, St. Andrews Housing Group, Housing Resource
Group, EDVP, YWCA, Mental Health Housing Foundation, Rental Housing Association, Highline -West Mental
Health, Valley Cities Counseling, Seattle Emergency Housing Service, Common Ground, and Vietnam Veterans.
Exhibit 1 RAHP Guidelines 1 of 12 2007 -2011
The King County RAHP /2060 Planning Group has designed a regional low income
housing fund source, to be administered by the King County Housing and Community
Development Program (HCD) in the Department of Community and Human Services.
II. Duration of the Guidelines
The RAHP Guidelines shall take effect on January 1, 2007, and shall remain in effect
until December 31, 2010.
III. Review and Update of the Guidelines
Beginning in 2010, the Guidelines will be updated through the interjurisdictional Joint
Recommendations Committee (JRC) pursuant to the RAHP Interlocal Cooperation Agreement,
hereinafter "RAHP Agreement." The RAHP /2060 Planning Group will convene in the first half
of 2010 to review the program and the RAHP Guidelines and to recommend any proposed
changes to the JRC for adoption prior to the expiration date.
IV. Decision Making Structure and Redionai Allocation Method
A. Approving Body Joint Recommendations Committee.
The interjurisdictional JRC, as defined in the RAHP Agreement, shall be the body that
reviews and updates the RAHP Guidelines beginning in 2010, and reviews and adopts annual
RAHP funding allocations and related allocation policies. The JRC will be expanded, pursuant
to the RAHP Agreement, to include representation from the City of Seattle on RAHP matters.
Allocations and related policies adopted by the JRC must be consistent with these RAHP
Guidelines, the Consolidated Plans of the King County Consortium and the City of Seattle, other
local housing plans, as applicable, and the Ten Year Plan to End Homelessness in King County.
Leadership Program, Compass Center, Catholic Community Services, the King County Housing Authority, Seattle
Exhibit 1 RAHP Guidelines 2 of 12 2007 -2011
1. Anneal Process for JRC Decisions
a. Cities Adoption of Guidelines
Pursuant to the RAHP Interlocal Agreement, a participating jurisdiction
may appeal a JRC decision concerning the update of RAHP Guidelines. The
jurisdiction must inform the Chair of the JRC, and the JRC chair will schedule
time on the JRC agenda to discuss the appeal issue.
b. Applicants Annual Fund Allocations
Applicants for RAHP funds may appeal a JRC allocation decision if they
have grounds based on substantial violation of a fair allocation process, such as
bias, discrimination, conflict of interest, or failure to follow the RAHP Guidelines.
Appeals by applicants will receive initial review for adequate grounds by the
Director of the King County DCHS. If adequate grounds for an appeal are found,
the DCHS director will put the appeal on the JRC agenda for review.
B. Annual Fund Allocation Recommendations
An interjurisdictional advisory committee to the JRC, made up representatives from
participating jurisdictions in the RAHP Consortium, will work with the King County Housing
Finance Program (HFP) staff of King County HCD to make RAHP allocation recommendations
and related program policy recommendations to the JRC. While the advisory committee may
make recommendations concerning several fund sources for affordable housing in the King
County Consortium, the City of Seattle staff will participate on the committee solely for the
purpose of making RAHP recommendations.
The review process for RAHP allocations will proceed as follows:
Mental Health, and the Committee to End Homelessness
Exhibit 1 RAHP Guidelines 3 of 12 2007 -2011
King County HCD staff will review all RAHP applications and make preliminary funding
recommendations.
Cities' staff will review applications for projects in their jurisdiction and make
preliminary recommendations on those applications.
Cities' staff will receive information on all RAHP applications to review prior to the
advisory committee meeting at which final funding recommendations are formulated for
transmittal to the JRC.
Advisory committee participants will meet together at least annually to decide upon
RAHP funding recommendations to the JRC, and may meet at other times during the
year, as necessary, to discuss RAHP issues and make recommendations to the JRC.
C. Subresional Allocation Targets
The RAHP Fund will be a flexible fund that can address regional and subregional housing
needs. The fund will use subregional allocation targets as a means to achieve geographic equity
in the distribution of SHB 2060 funds by December 31, 2010, the date that these guidelines
expire.
1. Subregional Areas:
a. City of Seattle Subregion
b. North/East Subregion north and east urban and rural areas,
including 34 percent of unincorporated King County
c. South Subregion south urban and rural areas, including 66
percent of unincorporated King County
2 Percent of unincorporated King County attributed to the North/East and South Subregions is based on the 2000
census data for households in the unincorporated portions of the King County Community Planning Areas, as listed
in the 2002 Annual Growth Report.
Exhibit 1 RAHP Guidelines 4 of 12 2007 -2011
2. Formula for Subreaional Allocation Targets
Each subregion will have a targeted percentage of the RAHP funds, including the
interest on the RAHP funds, allocated to projects within the subregion over the period of
time that the RAHP Guidelines are in effect. Each subregion will receive allocations to
projects within the subregion that are equal to or greater than 95 percent, of the
subregions' allocation target by December 31, 2010.
The formula for allocating RAHP funds to the subregions is as follows:
One half of the RAHP funds shall be targeted for allocation among the three
subregions based on each subregion's relative share of total existing need for
affordable housing. Existing need shall be determined by the percentage of low
income households paying more than 30 percent of their income for housing in the
subregion, according to the 2000 U.S. Census data.
One half of the RAHP funds shall be targeted for allocation amongst the three
subregions based on the subregions' growth targets for future need, as established
through the Growth Management Planning Council. Future need shall be deteinlined
by the subregions' relative share of total future need for affordable housing in the
County. A subregion's relative share of future need is the percentage of the
subregion's affordable housing target for low- income households relative to the
cumulative affordable housing target for low- income households of all jurisdictions in
the county, including unincorporated King County Based upon the RAHP formula,
the sub regional allocation targets are as follows:
3 The percentage of a subregion's target relative to the cumulative target is derived by averaging the target
percentages of the jurisdictions within that subregion. For each jurisdiction, the target percentage is calculated in the
following manner: the number of households that a jurisdiction must anticipate, per the 2002 -2022 Countywide
Exhibit 1 RAHP Guidelines 5 of 12 2007 -2011
City of Seattle: 37.9 percent
South: 32.7 percent
North/East: 29.4 percent
3. Interiurisdictional Advisory Committee to Monitor Subreeional Allocation
Targets
The advisory committee will monitor the subregional distribution of RAHP funds
every year, determining if any subregion(s) received allocations below 95 percent of the
subregion's allocation target.
If any subregion received allocations under 95 percent of the target allocation after
several funding cycles, the HCD staff will work with the advisory committee to adjust the
allocation targets of such subregion(s) in the subsequent funding cycles, as needed. In
addition, the advisory committee may propose strategies and actions, for review by the
JRC, that are designed to increase the percentage of RAHP funds spent in those
subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will assist
in implementing actions that will aid in achieving geographic equity in RAHP allocations
by December 31, 2010.
Planning Policy (CPP) Growth Target, is multiplied by .24 or .20 (depending on the ratio of low wage jobs to low
cost housing for the jurisdiction in Appendix 3 of the CPPs); that number is divided by the cummulative affordable
housing target for low income households of all King County jurisdictions, including unincorporated King County.
Exhibit 1 RAHP Guidelines 6 of 12 2007 -2011
V. Use of the RAHP Funds in King County
A. RAHP Priorities
1. Top Priority:
Capital funds for the acquisition, rehabilitation and/or new construction of
units of eligible housing types. New construction is not eligible if the low
income housing vacancy rate for all of King County exceeds 10 percent
2. Second Priority:
Operations Maintenance "O &M fund program for existing homeless
housing This program provides O &M funding for existing transitional
housing and transition in place units. The housing units must be eligible
for the Washington State Housing Trust Fund, and must show that they
require RAHP O &M funds in order to cover ongoing building operating
expenses.
3. Third Priority:
O& M funds for existing emergency shelters and licensed overnight youth
shelters.
4. Last priority:
Rental assistance vouchers to be administered by a local housing authority
in conformity with the Section 8 program.
4 The low income housing vacancy rate for each county will be established by the state, pursuant to the SHE 2060 legislation.
5 The O &M fund for the 2007 -2010 guidelines is set at approximately 22 percent of $3,222,000 (the average of the RAHP
collections in 2004 and 2005), which is $700,000 per year for the four year period of the guidelines.
6 Existing housing is defined as housing that exists as of the date of an application for RAHP funds.
7 Transition in place units are permanent rental units where supportive services are provided for a period of time, as needed by a
household. Households do not need to move when the supportive services are phased out.
Exhibit 1 RAMP Guidelines 7 of 12 2007 -2011
B. RAMP Eligibility
1. Eligible Housing Types
a. Capital Funds
Permanent rental housing units
Transition in place and transitional housing units; units that are not
time limited are encouraged.
Emergency shelter and licensed overnight youth shelter
Ownership housing
b. O &M Funds:
Existing transitional and transition in place housing units
Existing emergency shelters and licensed overnight youth shelters
2. Eligible Populations Served by Housing Units
All units funded with RAHP funds must serve households at or below 50
percent of area median income. Projects that include units for households
at or below 30 percent of area median income are encouraged.
Homeless households including youth.
Households at risk of homelessness.'
Disabled households or households with a disabled member.
8 RAHP funds are limited to 50 percent of the development cost of any project; consequently, if a shelter project cannot secure
adequate funding for the entire cost of development, the RAHP cannot prioritize the project.
9 Homeless households include: households that lack a fixed, regular and adequate residence; households that reside in a publicly
or privately operated shelter designed to provide temporary living accommodations; households that reside in time Limited
housing; and households that currently reside in an institution and will be exiting the institution without a fixed, regular and
adequate residence.
1° Households at risk of homelessness include: households paying 50 percent or more of their income for rent, households that
have a history of homelessness and are currently unstable, households living in overcrowded or substandard housing, households
that are substantially behind on their monthly housing payment or have a pending eviction, households with a disability whose
housing is at risk due to aging relatives or other factors.
Exhibit 1 RAHP Guidelines 8 of 12 2007 -2011
Families.
Special needs populations, including seniors.
3. Eligible Applicants
Nonprofit organizations
Housing Authorities
Local governments
For profit entities are only eligible for capital funds in the top priority.
This is due to the language of the SHB 2060 legislation, which restricts
building operations and maintenance funds to projects "eligible for the
Washington State Housing Trust Fund." For profit entities are not eligible
for the Washington State Housing Trust Fund.
4. Eligible use of RAHP Funds by Priority
a. Capital funds:
Acquisition of land for eligible housing.
New construction of eligible housing.
Acquisition of building(s) for eligible housing.
Rehabilitation of units of eligible housing or to create new units of
eligible housing.
Capitalization of a replacement reserve in connection with a capital
investment for new or existing eligible housing units.
Capitalization of O &M rent buy -down reserves for new eligible
housing units to serve households below 50 percent of AMI that
Exhibit 1 RAHP Guidelines 9 of 12 2007 -2011
are primarily homeless or at risk of homelessness Capitalized
O &M reserves may only be used to write down rents to very
affordable rent levels, below 30 percent of AMI and below 50
percent of AMI (i.e. between 30 percent and 50 percent of AMI,)
for units that do not have debt service. Capitalized O &M reserves
must be used for expenses directly related to running the building
and may not be used for services to the tenants or to cover debt
service This eligible use may not exceed 20 percent of the
RAHP capital funds in any funding cycle.
b. O &M Funds:
Existing transition in place or transitional housing units are eligible
for O &M for ongoing building operations and maintenance
expenses that cannot be covered by the rental income of the
project, and may not include the cost of services to tenants or debt
service.
Existing emergency shelters and licensed, overnight youth shelters
are eligible for O &M for general operating expenses, including
services.
11 See Note 6.
12 See Note 7.
13 Other requirements for capitalized O &M reserves include: 1) projects will not be eligible for these funds unless they have
either applied first to CTED for O &M and been denied, or have not received Housing Trust Fund capital dollars and are,
therefore, not eligible for O &M from CTED; 2) funds will be awarded only in appropriate amounts as neede,d pursuant to review
Exhibit 1 RAHP Guidelines 10 of 12 2007 -2011
c. Vouchers:
Rental assistance vouchers must be administered by a local
housing authority in conformity with the Section 8 program.
VI. RAHP Administration
The RAHP funds shall be administered as a regional fund by the King County HCD
Program.
A. RAHP Capital Funds
RAHP capital funds, including capitalized O &M reserves for new projects and
maintenance reserves, will be administered by HFP in conjunction with other fund sources
administered by HFP.
The HFP will staff the interjurisdictional advisory committee and will work with the
committee to develop RAHP funding allocation recommendations and related policy
recommendations for JRC review and adoption.
The HFP will distribute RAHP funds through contracts pursuant to the allocations
adopted by the JRC, and will generate an annual RAHP report that provides information about
the projects that received funding in the current year, as well as the status of projects awarded
RAHP funds in prior year(s).
The terms of the King County Housing Opportunity Fund (HOF) will apply to RAHP
contracts, with the exception of the following:
To the extent that there are differences between the HOF guidelines and RAHP
guidelines, the RAHP guidelines will apply.
by the Housing Finance Program, and will be subject to negotiated modifications; and 3) capitalized reserves will be committed
for a maximum of five years' rent buy -down subsidy.
Exhibit 1 RAHP Guidelines 11 of 12 2007 -2011
A financial match by the local government where a housing project is to be
located is not required, but is encouraged.
RAHP funds will have no maximum subsidy per unit, but the development
portion of the award (not including O &M rent buy -down reserves) will be limited
to 50 percent of the total development cost of a project.
B. RAHP Operating and Maintenance Funds
The RAHP O &M funds will be administered through the King County HCD Program's
Homeless Housing Programs (HHP) Section.
The priority for RAHP O &M funds is existing projects that have been unsuccessful in
receiving State 2060 O &M funds or ESAP funds.
HHP will work with the Committee to End Homelessness to ensure that the uses of
RAHP O &M funds are consistent with the priorities of the Ten Year Plan to End Homelessness.
HHP will invite city staff and other stakeholders to participate in updating the RFP
parameters for O &M funds, if and when updates are necessary, and will invite the same to
participate on the panel to review applications for the RAHP O &M funds. The review panel will
recommend O &M fund awards to the JRC for final adoption.
Exhibit 1 RAHP Guidelines 12 of 12 2007 -2011
City of Tukwila
i Community Affairs Parks Committee
�9oa
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
September 11, 2007- 5:00 p.m.
PRESENT
Councilmembers: Pam Linder, Chair; Pam Carter and Dennis Robertson
Staff: Evie Boykan, Rhonda Berry and Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:O1p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Cooperation Agreement for the Regional Affordable Housine Program (RAHP)
Staff is requesting the full Council authorize the Mayor to sign a new interlocal agreement for the
Regional Affordable Housing Program (RAHP) between the City and King County for the years
2007 -2011.
y The City participated in an interlocal agreement for RAHP which expired in December 2006.
Staff reports that the agreement has allowed the City to influence the use of county, state and
federal monies for affordable housing and community development opportunities. Additionally,
the interlocal agreement allows the City to appoint a staff person to serve on the
Interjurisdictional Advisory Group (IAG) which reviews several important projects throughout
the region that are supported by RAHP and Community Development Block Grant funding.
The Committee discussed information submitted by staff including how RAHP housing funds
have been spent over the past five years and the ideal funding split verses actual capacity of each
agency. Committee members expressed their appreciation for Evie's service on the IAG.
The Committee requested staff provide information on median figures for apartment rental rates
and median income. After the meeting, staff provided the requested information and it has been
included as an attachment to the Committee minutes. UNANIMOUS APPROVAL.
FORWARD TO SEPTEMBER 24 COW FOR DISCUSSION.
Ill. ANNOUNCEMENTS
No announcements.
IV. MISCELLANEOUS
Meeting adjourned at 5:42 p.m.
Next meeting: Tuesday, September 25, 2007 5:00 p.m. Conference Room 3
�J Committee Chair Approval
Minutes by KAM. B Reviewed by EB.
Community Affairs Parks Committee
September 11, 2007
Request For Additional Information
(Submitted by Evie Boykan, Human Services Program Manager)
2007 Median Income
Median income for King County residents is $71,900 /family of 4
80% of median income is $59,600 /family of 4
60% of median income is $46,740 /family of 4
50% of median income is $38,950 /family of 4
30% of median income is $23,350 /family of 4
One quarter of Tukwila households make less than 50% of the median income and are
considered very low- income by Housing and Urban Development standards.
Almost 40% of renters pay more than they can afford for housing.
Households with incomes of 40 or less of the median income cannot find affordable housing.*
In a spreadsheet developed by Downtown Area to Save Housing (DASH), 2 bedroom 1 bath
rents for Tukwila ranged from $610 -$925 monthly with an average of $739. These are 2005 or
2006 figures. A person/household would need to make about $29,000 annually for this to be
considered affordable by the 30% standard. That is almost $14 an hour.
*Tuk►vzla Housing Needs Assessment June 2004
COUNCIL A GENDA SYNOPSIS
so J 9` Initials ITEM NO.
t, t i I Meetinn Date Prepared'y fl 1 Mayor's review I Conned review 1
10/22/07 BM M' I I A./ I
b 11/05/07 I BM V I 1 0
.79
ITEM INFORMATION
CAS NUMBER: 07-123 ORIGINAL AGENDA DATE: 10/22/07
AGENDA ITEM TITLE Climate Change Resolution regarding City Operations
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/22/07 Mtg Date Mtg Date 11/5/07 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal OP &R Police PW/
SPONSOR'S The Department of Community Development, in conjunction with other City Departments
SUMMARY has inventoried greenhouse gases that are produced by City Operations. The attached
resolution sets goals for the City in reducing greenhouse gases and authorizes the Mayor to
sign the U.S. Mayors' Climate Change Agreement.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 9/25/07
RECOMMENDATIONS:
SPONSOR /ADniLN. Review and Approval
COADefli 1EE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A
Fund Source: N/A
Comments: N/A
MTG. DATE RECORD OF COUNCIL ACTION
10/22/07
MTG. DATE ATTACHMENTS
10/22/07 Informational Memo dated 10/16/07
Resolution in Draft Form
US Conference of Mayors Climate Protection Agreement
Minutes from the Community Affairs Parks Committee Meeting of 9/25/07
AN ILA
1.
Gy
Gity o Tukt vila Steven M. Mullet, Mayor
G�� Q
i•' Department of Community Development Steve Lancaster, Director
7908
TO: Mayor
Committee of the Whole
FROM Jack Pace, Acting Director
Brandon Miles, Senior Planri
RE: Climate Change Benchmark Study
US Conference of Mayors Climate Protection Agreement
City Operations
DA 1'E: October 16, 2007
Issue
The Department of Community Development, working jointly with other City
Departments, has begun to inventory greenhouse emissions released by municipal
operations and the community as a whole.
Background
The scientific consensus on climate change is that it is happening and that the industrial
activities of humans are to blame. Climate change is a global issue which has significant
impacts on the City of Tukwila. The current climate scenarios predict a rise in sea level
and warmer winters; warmer winters being more rain and less snow fall in the mountains.
During the past summer, the Department of Community Development attempted to
inventory the greenhouse gases emitted by City operations and has started to inventory
the greenhouse gases emitted from the Community as a whole.
In 2006, the City was responsible for the release of 7,041 tons of carbon dioxide. The
City released the carbon dioxide either directly such as fleet vehicles or indirectly
through the use of power for city facilities.
The following is a breakdown of the inventory:
1. Buildings 3,721 tons of CO2
2. Fleet 1,319 tons of CO2
3. Streetlights 1,046 tons of CO2
4. Employee Commute 688 tons of CO2
5. Water /Sewage 267 tons of CO2
The Department is still working to fmish the inventory for the community as a whole and
the report will be forthcoming to the Council once it is finished.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
Next Sten
Local governments are in a unique position when it comes to reducing carbon dioxide
emissions. First, as evident above, the City through its own actions releases emissions
into the atmosphere which contribute to climate change. The City, like a business or an
individual can reduce its own emissions through reduction efforts and technology
upgrades.
City staff recommends an aggressive reduction effort to reduce the City's carbon dioxide
emissions. Staff recommends that the City's 2006 emissions be reduced 50 percent by
2020.
City staff has identified several areas where the City could reduce its own emissions:
1. The City could purchase "green power" from PSE for all City buildings that are
served by PSE. It is estimated that such an action could reduce the City's
emission by 21 percent. The City would pay a premium for the greenpower and it
is estimated that the City would pay an additional 17,500 for its electrical power.
This action could be implemented as soon as 2008.
2. The City's fleet vehicles should be examined to ensure that they are fuel efficient
and appropriate for the method in which they are used. For example, could a fuel
efficient Hondas take the place of the fleet of Ford Taurus currently used by the
City?
3. The City should also strive to conserve energy usage on City facilities.
Conservation efforts would help off -set the cost to purchase greenpower and
could possibly save the City money. For example, the City could install
automatic turn-offs in bathrooms and conference rooms to ensure lights are not on
when the rooms are not occupied. The City could also retrofit existing light
fixtures to ensure that low emission light bulbs are utilized.
4. Future computers and appliances purchased by the City should be "Energy Star"
certified. This will ensure that when computers and appliances are used that they
require the minimal amount of electricity.
Planning staff recommends the creation of an "Executive Team" (Team) of City staff to
study and examine ways to reduce the City's greenhouse emissions. The Team would be
comprised of employees from DCD, Public Works, Mayor's Office, Administrative
Services and Parks. The Team will prepare and more comprehensive report on how the
City can reduce its greenhouse gases.
Besides reducing the City's own emissions, the City through its police powers, can
establish ordinances which require reduction efforts community wide. The City already
has policies in place which help reduce greenhouse emissions.
These policies include:
1. Requiring dense fouii of developments. Typically the more people who live per
square foot, the less greenhouse gases produced per capita.
2. Tree Protection regulations.
3. Wetland and Stream protection regulations.
4. Commute Trip Reduction Program
5. The Walk and Roll plan which is currently in draft form.
6. The City's support of mass transit.
However, it is possible the more could be done to reduce greenhouse gases from new and
existing development within the City. When Planning Staff presents the inventory of the
community as the whole, staff will provide some recommendations on possible strategies
to reduce greenhouse gases for the community as a whole.
Conclusion
The City can begin taking immediate steps to reduce its greenhouse gases. While such
efforts would be small in comparison with the Carbon Dioxide released annually in the
world, the City would be sending a message that Climate Change is an important issue
and that the City wants to "Lead by Example
There are other benefits associated with a climate change initiative. These benefits
include:
1. Reducing fuel usage by the City.
2. Conserving energy which would save the City money.
Next Step
Planning staff recommends the following:
1. That the Mayor be authorized to sign the US Conference of Mayor's Climate
Protection Agreement
2. Adoption of the City Resolution
The two items can be scheduled for the November 5, 2007 Regular Council meeting.
Planning staff will bring the community inventory to the City Council once the inventory
is complete.
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, SUPPORTING THE EFFORTS TO CURB GLOBAL
WARMING; SETTING NUMERIC GOALS TO REDUCE MUNICIPAL
EMISSIONS; AND CALLING FOR A BASELINE STUDY AND SETTING OF
NUMERIC GOALS FOR THE REDUCTION OF GREENHOUSE GASES
FROM THE COMMUNITY AS A WHOLE.
WHEREAS, international scientific consensus exists that human activity,
particularly the release of carbon dioxide, is causing significant global climate change;
and
WHEREAS, the University of Washington's Joint Institute for the Study of
Atmosphere and Oceans projects significant harm to the Pacific Northwest due to
changes in weather patterns attributable to global warming, including forest decline,
deteriorating air quality, sea level rise and, most alarmingly, disruption of the water
cycle on which the region's water, power and agricultural systems depend; and
WHEREAS, climate change threatens the quality of life enjoyed by residents of the
City of Tukwila and the Pacific Northwest; and
WHEREAS, the United States was instrumental in the creation of the Kyoto
Protocol, which calls for developed nations to reduce carbon dioxide by 5% from 1990
levels by the year 2012; and
WHEREAS, over 169 countries and other governmental entities have ratified the
agreement, with the United States being a notable exception; and
WHEREAS, as of May 15, 2007, 514 mayors from cities across the nation
representing over 65 million Americans have accepted the challenge of Seattle's
Mayor Greg Nickels and have signed the U.S. Mayors' Climate Protection Agreement,
embracing the need to reduce greenhouse gases; and
WHEREAS, the City already has in place many programs that reduce greenhouse
gases, including the Commute Trip Reduction Program, Tree Retention Requirements,
Wetland and Watercourse Protection, Salmon Enhancement Projects, and a City -wide
recycling program; and
WHEREAS, in addition to reducing carbon dioxide emissions, greenhouse emission
reduction strategies offer other tangible benefits, to include reducing the City's fuel
usage, reducing power consumption, and streamlining City operations; and
WHEREAS, the City recognizes that more can be done to reduce the release of
greenhouse gases from City operations and the community as a whole;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1: The Mayor is authorized to sign the U.S. Mayors' Climate Protection
Agreement.
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Section 2:
A. Municipal emissions of carbon dioxide shall be reduced 50% by the year 2020.
B. The creation of an "Executive Team" "Team is hereby authorized to study and
examine procedures, policies and City operations, identifying methods to reduce the
City's carbon dioxide emissions. The Team shall be comprised of representatives from
the following Departments: Community Development, Public Works, Administrative
Services, Mayor's Office, Fire, and Finance. The Team shall report back to the City
Council no later than September 15, 2008 on methods to reduce the City's carbon
dioxide emissions.
Section 3:
A. The Department of Community Development "The Department working
with other City departments, Seattle City Light, Puget Sound Energy, and the Puget
Sound Clean Air Agency, shall inventory all greenhouse gas emissions released by the
community as a whole for the baseline year of 2006. The Department shall report back
to the City Council no later than September 15, 2008.
B. The Department is directed to identify current development ordinances that
contribute to the reduction of greenhouse gases. The Department is further directed to
identify those existing ordinances that could be strengthened to assist in the reduction
of greenhouse gases.
C. The Department is further directed to amend and update the City's
Comprehensive Plan to include climate change and sustainability goals as an element
within the Plan.
D. The Department shall solicit input regarding reduction strategies from various
stakeholders, including property owners, businesses and residents.
Section 4. The City of Tukwila shall take a leading role in South King County to
reduce greenhouse gases and to create a more sustainable community. The City
recognizes that it must lead by example and take the necessary steps to reduce
greenhouse emissions created by City operations. The City further acknowledges that it
must take necessary actions and steps to protect the earth and global community that all
humans occupy.
Section 5. The City of Tukwila shall re- examine its operations and ordinances on a
regular basis to ensure that the City will meet its 2020 goal and continue to be a leading
advocate for climate change reduction strategies.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST /AUTHENTICATED:
Verna Griffin, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Office of the City Attorney Resolution Number:
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ENDORSING THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT
WHEREAS, the U.S. Conference of Mayors has previously
adopted strong policy resolutions calling for cities,
communities and the federal government to take actions
to reduce global warming pollution; and
WHEREAS, the Inter Governmental Panel on Climate
Change (IPCC), the international community's most
respected assemblage of scientists, has found that
climate disruption is a reality and that human
activities are largely responsible for increasing
concentrations of global warming pollution; and
WHEREAS, recent, well documented impacts of climate
disruption include average global sea level increases
of four to eight inches during the 20th century; a 40
percent decline in Arctic sea -ice thickness; and nine
of the ten hottest years on record occurring in the
past decade; and
WHEREAS, climate disruption of the magnitude now
predicted by the scientific community will cause
extremely costly disruption of human and natural
systems throughout the world including: increased risk
of floods or droughts; sea -level rises that interact
with coastal storms to erode beaches, inundate land,
and damage structures; more frequent and extreme heat
waves; more frequent and greater concentrations of
smog; and
WHEREAS, on February 16, 2005, the Kyoto Protocol, an
international agreement to address climate disruption,
went into effect in the 141 countries that have
ratified it to date; 38 of those countries are now
legally required to reduce greenhouse gas emissions on
average 5.2 percent below 1990 levels by 2012; and
WHEREAS, the United States of America, with less than
five percent of the world's population, is responsible
for producing approximately 25 percent of the world's
global warming pollutants; and
WHEREAS, the Kyoto Protocol emissions reduction target
for the U.S. would have been 7 percent below 1990
levels by 2012; and
WHEREAS, many leading US companies that have adopted
greenhouse gas reduction programs to demonstrate
corporate social responsibility have also publicly
expressed preference for the US to adopt precise and
mandatory emissions targets and timetables as a means
by which to remain competitive in the international
marketplace, to mitigate financial risk and to promote
sound investment decisions; and
WHEREAS, state and local governments throughout the
United States are adopting emission reduction targets
and programs and that this leadership is bipartisan,
coming from Republican and Democratic governors and
mayors alike; and
WHEREAS, many cities throughout the nation, both large
and small, are reducing global warming pollutants
through programs that provide economic and quality of
life benefits such as reduced energy bills, green
space preservation, air quality improvements, reduced
traffic congestion, improved transportation choices,
and economic development and job creation through
energy conservation and new energy technologies; and
WHEREAS, mayors from around the nation have signed the
U.S. Mayors Climate Protection Agreement which, as
amended at the 73 Annual U.S. Conference of Mayors
meeting, reads:
The U.S. Mayors Climate Protection Agreement
A. We urge the federal government and state
governments to enact policies and programs to meet
or beat the target of reducing global warming
pollution levels to 7 percent below 1990 levels by
2012, including efforts to: reduce the United
States' dependence on fossil fuels and accelerate
the development of clean, economical energy
resources and fuel efficient technologies such as
conservation, methane recovery for energy
generation, waste to energy, wind and solar
energy, fuel cells, efficient motor vehicles, and
biofuels;
B. We urge the U.S. Congress to pass bipartisan
greenhouse gas reduction legislation that includes
1) clear timetables and emissions limits and 2) a
flexible, market -based system of tradable
allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol
targets for reducing global warming pollution by
taking actions in our own operations and
communities such as:
1. Inventory global warming emissions in City
operations and in the community, set reduction
targets and create an action plan.
2. Adopt and enforce land -use policies that reduce
sprawl, preserve open space, and create compact,
walkable urban communities;
3. Promote transportation options such as bicycle
trails, commute trip reduction programs,
incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy
by, for example, investing in "green tags
advocating for the development of renewable
energy resources, recovering landfill methane
for energy production, and supporting the use of
waste to energy technology;
5. Make energy efficiency a priority through
building code improvements, retrofitting city
facilities with energy efficient lighting and
urging employees to conserve energy and save
money;
6. Purchase only Energy Star equipment and
appliances for City use;
7. Practice and promote sustainable building
practices using the U.S. Green Building
Council's LEED program or a similar system;
8. Increase the average fuel efficiency of
municipal fleet vehicles; reduce the number of
vehicles; launch an employee education program
including anti idling messages; convert diesel
vehicles to bio- diesel;
9. Evaluate opportunities to increase pump
efficiency in water and wastewater systems;
recover wastewater treatment methane for energy
production;
10. Increase recycling rates in City operations and
in the community;
11.Maintain healthy urban forests; promote tree
planting to increase shading and to absorb 002;
and
12:Help educate the public, schools, other
jurisdictions, professional associations,
business and industry about reducing global
warming pollution.
NOW, THEREFORE, BE IT RESOLVED that The U.S.
Conference of Mayors endorses the U.S. Mayors Climate
Protection Agreement as amended by the 73 annual U.S.
Conference of Mayors meeting and urges mayors from
around the nation to join this effort.
BE IT FURTHER RESOLVED, The U.S. Conference of Mayors
will work in conjunction with ICLEI Local Governments
for Sustainability and other appropriate organizations
to track progress and implementation of the U.S.
Mayors Climate Protection Agreement as amended by the
73 annual U.S. Conference of Mayors meeting.
a/ lei
io
i
The U.S. Conference of Mayors Climate Protection Agreement Signature Page
You have my support for the Mayors Climate Protection Agreement.
Date:
Mayor:
Signature:
Address:
City: State: Zip:
Mayor's e -mail:
Staff Contact Name:
Staff Contact Title:
Staff Phone:
Staff e -mail:
Please add my comments in support of the Mayors Climate Protection Agreement. We will add
these to the Website (optional):
Please return completed form at your earliest convenience to:
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For more information: (202) 861 -6782
o :2 City of Tukwila
5 J�1 i0
a Community Affairs Parks Committee
�soa
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
September 25, 2007- 5:00 p.m.
PRESENT
Councilmembers: Pam Linder, Chair; Pam Carter and Joan Hernandez (filling in for Dennis Robertson)
Staff: Jack Pace, Brandon Miles, Tracy Gallaway and Kimberly Matej
CALL TO ORDER: Committee Chair Linder called the meeting to order at 4:58p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Date Chance for Tukwila Days
For the past couple years, Parks and Recreation staff has considered changing the date for the
annual Tukwila Days festival due to conflicting activities being held simultaneously in
surrounding jurisdictions. Staff has often experienced difficulty securing vendors and participants
who have otherwise committed to larger area celebrations.
Currently, the Tukwila Days festival is held the second Saturday in July. Staff would like to
move the date to the third weekend in August to coincide with the City's annual car show. This
will allow for a greater amount of time between major activities such as the All Nation's Cup and
Family Fourth at the Fort, as well as attract more vendors and community members after most
surrounding major summer festivals have ended. As the City celebrates its Centennial in 2008, it
appears to be a good time to move the Tukwila Days date and consider expanding the festival.
Committee members suggested an article be submitted for incorporation into the Hazelnut giving
the new date and explaining the reasons for this change. Staff has confirmed that there is no
resolution or ordinance of record that sets the specific dates for Tukwila Days. The Committee
Chair will report the information out to full Council at the next Council meeting. Committee
members were complimentary of a continued great job on the behalf of Parks and Recreation
staff. INFORMATION ONLY.
B. Climate Chance Benchmark Study
Staff is requesting full Council adoption of a resolution that supports the reduction of the
municipal emission of greenhouse gasses. The resolution will also support global warming
efforts and call for a community baseline study.
Cities in 44 states have adopted similar resolutions supporting attempts to reduce carbon
emissions. As a business entity, the City is responsible for the release of carbon dioxide through
fleet vehicles and the use of power for City facilities and operations. Staff discussed possible
green initiatives and a benchmark study in further detail. Staff recommends the City lead by
example, and sign the U.S. Mayor's Climate Protection Agreement as well as adopt a City
specific resolution. UNANIlVIOUS APPROVAL. FORWARD TO OCTOBER 22 COW FOR
DISCUSSION.
COUNCIL AGENDA Syrs,ropsis
Z` 5 Initials ITEM NO,
"t i i y Meeting Date 1 Prepared by Mayor's review Council review 1
i C 2 �rti• I
us t, 10/22/07 1 BG, y
11/05/07 BG
ITEM INFORMATION
CAS NUMBER: 07-024 I ORIGINAL AGENDA DATE: OCTOBER 22, 2007
AGENDA ITEM TITLE Fort Dent /Interurban Ave S Sewer Extension Project
WA State Department of Community Trade and Economic Development Grant
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/22/07 Mtg Date 11/05/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S We received a Washington State Department of Community Trade and Economic
SUMMARY Development (CTED) grant for the Fort Dent /Interurban Ave S Sewer Extension Project in
the amount of $450,000.00. Council approval is required before accepting any grant. The
total amount received will be $444,375.00 after CTED administrative costs. We also
received $250,000 from King County for the Fort Dent sewer project.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/16/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign the grant contract.
COMMF TEE Unanimous approval; forward to COW. 1
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00
Fund Source: 301 Parks Recreation (page 11, Proposed 2008 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/22/07
11/05/07
1
MTG. DATE ATTACHMENTS
10/22/07 Information Memo dated October 8, 2007
CTED Grant
Utilities Committee Meeting Minutes from October 16, 2007
11/05/07
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: October 8, 2007
Subject: Fort Dent/Interurban Avenue South Sewer Extension
City Project No. 04 -SW02
State Grant, Capital Contract Number 08- 96105 -052
ISSUE
Authorize the Mayor to sign a contract accepting appropriated state grant funds.
BACKGROUND
The Governor approved the 2007 -2009 Capital Budget that includes 167 direct appropriations
for "Local and Community Projects" totaling over $165 million, that will be administered by
the Washington State Department of Community Trade and Economic Development (CTED).
After the budget law took effect in July, CTED notified the City of Tukwila of the
appropriation of $450,000 for the Fort Dent/Interurban Ave S Sewer Extension Project.
ACTION TAKEN
CTED drafted the attached grant contract in the form of State Capital Contract Number 08-
96105 -052. This contract shows that Tukwila's appropriation is actually $444,375.00 after
CTED retains $5,625.00 for costs directly associated with managing this contract.
RECOMMENDATION
Authorize the Mayor to sign the attached grant contract with CTED in order to receive
$444,375.00 in appropriated state grant funds.
Attachment: State Capital Contract Number 08- 96105 -052
I: \pubworks\PROJECTS\ A- SW Projectsl04sx02 Ft Dent IU Sewer Ext\Info Memo C fEU grant Fort Dent Park 111 Sewer.doc
�S
7889
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 10 Avenue SW PO Box 42525 S Olympia, Washington 98504 -2525 e (350) 725 -4000
September 24, 2007
9Th awe a
SEP 2 8 2007
Mr. Bob Giberson TUKV !L='',
Acting City Engineer PUBLIC WORKS
City of Tukwila
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
Dear Mr. Giberson:
Enclosed for your review and signature are three originals of proposed Contract Number
08- 96105 -052 between the Depaitment of Community, Trade and Economic Development and
the City of Tukwila. The purpose of the contract is to provide your organization with funds
appropriated under the Local and Community Projects program solely and specifically for the
Fort Dent Sewer project.
Please review the contract carefully. If it meets with your approval, please sign and date all three
originals where indicated (the Contract Face Sheet and pages 11 through 15) and return all three
to me at your earliest convenience. We will sign them and return a fully executed original to you
for your records.
If you have any questions or need additional information, please call me at (360) 725 -3021.
I can also be reached by email at emilyh @cted.wa.gov.
Sincerely,
(Ai
Emily Hafford, Grants Specialist
Capital Programs
Enclosures
cc: Daniel Aarthun, Capital Programs Manager
Washington State Department of Community, Trade, and Economic Development
Local Government Division
Community Development Programs Unit
Capital Programs
CONTRACT FA CE SHEET
1. GRANTEE NAME /ADDRESS: 2. CONTRACT NUMBER: 3. CONTRACT AMOUNT:
City of Tukwila
6300 Southcenter Blvd, Suite 100 08 -96105 -052 $444,375.00
Tukwila, WA 98188
4. GRANTEE CONTACT PERSON, NAME/TITLE, PHONE: 5. CDBG STAFF CONTACT, NAME:
Bob Giberson
(206) 431 -2457 Emily Hafford
6. DATE APPLICATION SUBMITTED: 7. CONTRACT START DATE: 8. CONTRACT END DATE:
N/A 6/30/2011
9. FUNDING AUTHORITY:
Washington State Department of Community, Trade and Economic Development (hereinafter
known as the "DEPARTMENT
10. STATE AND FEDERAL "BARS" CODE: 11. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA):
N/A N/A
12. SERVICE AREA: 13. COUNTIES: 14. NUMBER OF PAGES IN
(BY LEGISLATIVE DISTRICT): 11 CONTRACT DOCUMENT:
King 16
15: TIN: 1 16. SUBRECIPIENT OR PARTICIPATING ENTITIES:
91 6001519
17. PURPOSE FOR AWARDED FUNDS:
Funds will be used for capital infrastructure improvements related to the Fort Dent Sewer project, located from 14900 Maule Avenue South, to the
intersection of Fort Dent Way and Interurban Avenue South. Work will include infrastructure improvements related to the construction of 2,150
linear feet of 8 -inch PVC sanitary sewer main. This will also include construction of 645 linear feet of 6 -inch ductile iron pipe force main from the
Fort Dent Way and Interurban Avenue South intersection to Lift Station #5, with associated pavement restoration and related work.
Construction began in February 1, 2007 and is expected to be completed by September 30, 2007.
The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and have executed this
CONTRACT on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this CONTRACT are
governed by this CONTRACT and the following other documents incorporated by reference, where applicable: CONTRACT Terms and Conditions
including Attachment "A" Project Budget, Attachment "B" Certification of the Availability of Funds to Complete the Project, Attachment "C" Project
Scope of Work, Attachment "D" Certification of the Payment and Reporting of Prevailing Wages, Attachment "E" Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process.
FOR THE DEPARTMENT: FOR THE GRANTEE:
Marijo Olson, Acting Assistant Director
Local Government Division Steve Mullet Mayor
DATE: City of Tukwila
APPROVED AS TO FORM: DATE:
Assistant Attorney General
DATE: ����4 7
STATE OF WASHLNGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
LOCAL AND CONI UNITY PROJECTS PROGRAM
CAPITAL CONTRACT NUMBER 08- 96105 -052
THIS CONTRACT, entered into by and between the City of Tukwila (a unit of local government
hereinafter referred to as the CONTRACTOR), and the Washington State Department of
Community, Trade and Economic Development (hereinafter referred to as the DEPARTMENT),
WITNESSES THAT:
WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.050 (5)
to cooperate with and provide assistance to local governments, businesses, and
community -based organizations; and
WHEREAS, the DEPARTMENT is also given the responsibility to administer state
funds and programs which are assigned to the DEPARTMENT by the Governor or the
Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2007, Chapter 520,
Section 1041, made an appropriation to support the Local and Community Projects
Program, and directed the DEPARTMENT to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the CONTRACTOR is eligible
to receive funding for acquisition, construction, or rehabilitation (a venture hereinafter
referred to as the "Project
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises
hereinafter contained, the parties hereto agree as follows:
1. FUNDING
The funds awarded to the CONTRACTOR hereunder shall be a sum up to, but not to
exceed $444,375.00. The DEPARTMENT has retained the amount of $5,625.00 for
costs directly associated with managing the completion of this contract.
1
2. SERVICE PROVISIONS
a) Funds awarded under this contract shall be used solely and specifically for capital
construction costs associated with the Fort Dent Sewer, as contemplated in Laws
of 2007, Chapter 520, Section 1041.
b) The CONTRACTOR shall perfouu in accordance with the tutus and conditions
of this contract and the following attachments which, by this reference, are made
a part of this contract:
ATTACHMENT A (Project Budget)
ATTACHMENT B (Certification of the Availability of Funds to Complete
the Project)
ATTACHMENT C (Project Scope of Work)
ATTACHMENT D (Certification of the Payment and Reporting of
Prevailing Wages)
ATTACHMENT E (Certification of Intent to Enter the Leadership in
Energy and Environmental Design Certification Process)
3. SPECIAL CONDITION(S)
None.
4. CONTRACT PERIOD
a) The effective date of this contract shall be the date of the last signature of the
contracting parties.
b) Unless terminated earlier pursuant to Section 9, 12, or 28, hereof, the termination
date shall be June 30, 2011.
5. CERTIFICATION OF FUNDS
a) The release of state funds under this contract is contingent upon the
CONTRACTOR certifying that it has expended or has access to funds from non-
state sources as set forth in ATTACHMENT B (CERTIFICATION OF THE
AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such
non -state sources may consist of a combination of any of the following:
i) Eligible Proiect expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan,
commitment(s).
iv) Pledges from foundations or corporations.
2
v) P1edees from individual donors.
vi) The value of real property when acquired solely for the purposes of this
Project. as established and evidenced by a current market value appraisal
performed by a licensed, professional real estate appraiser, or a current
property tax statement. The DEPARTMENT will not consider appraisals
for prospective values of such property for the purposes of calculating the
amount of non -state matching fund credit.
vii) In -kind contributions. subject to the DEPARTMENT'S approval.
b) The CONTRACTOR shall maintain records sufficient to evidence that it has
access to or has expended funds from such non -state sources, and shall make such
records available for the DEPARTMENT'S review upon reasonable request.
6. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The CONTRACTOR may be reimbursed, at the rate set forth elsewhere in this contract,
for Project expenditures in the following cost categories:
a) Real property, and costs directly associated with such purchase, when purchased
or acquired solely for the purposes of the Project;
b) Design, engineering, architectural, and planning;
c) Construction management and observation (from external sources only);
d) Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
7. REIMBURSEMENT PROVISIONS
a) Payments to the CONTRACTOR shall be made on a reimbursement basis only.
For the purposes of this contract, reimbursement shall be construed to mean costs
incurred and paid, or costs incurred and payable within thirty (30) days.
3
b) The DEPARTMENT shall reimburse the CONTRACTOR for one hundred
percent (100 of eligible Project expenditures, up to the maximum payable
under this contract. When requesting reimbursement for costs incurred or
expenditures made, the CONTRACTOR shall submit to the DEPARTMENT a
signed and completed Invoice Voucher (Form A -19), referencing the Project
activity perfoiuied, and any appropriate documentation. The voucher must be
certified by an official of the CONTRACTOR with authority to bind the
CONTRACTOR. The final voucher shall be submitted to the DEPARTMENT
within fifteen (15) days following the completion of work or other termination of
this contract.
c) Each request for payment must be accompanied by a Project Status Report, which
describes, in narrative form, the progress made on the Project since the last
invoice was submitted, as well as a report of Project status to date. The
DEPARTMENT will not release payment for any reimbursement request received
unless and until the Project Status Report is received.
d) After approving the Invoice Voucher and Project Status Report, the
DEPARTMENT shall promptly remit a warrant to the CONTRACTOR.
e) The CONTRACTOR shall not submit invoices more than once monthly.
8. EVALUATION AND MONITORING
a) The CONTRACTOR shall cooperate with and freely participate in any
monitoring or evaluation activities conducted by the DEPARTMENT that are
pertinent to the intent of this contract, including periodic site inspections.
b) The CONTRACTOR shall provide the DEPARTMENT with photographs, either
hard copy or electronically, which depict visually the progress made on the
Project. Such photographs shall be submitted to the DEPARTMENT at the
inception of the Project, upon 50 percent of completion, and upon completion, as
applicable.
c) The DEPARTMENT or the State Auditor and any of their representatives shall
have full access to and the right to examine during normal business hours and as
often as the DEPARTMENT or the State Auditor may deem necessary, all the
CONTRACTOR'S records with respect to all matters covered in this contract.
Such representatives shall be permitted to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contracts, invoices,
materials, payrolls, and records of matters covered by this contract. Such rights
last for six (6) years from the date final payment is made hereunder.
4
9. NONDISCRIMINATION PROVISION
a) During the performance of this contract, the CONTRACTOR shall abide by all
applicable federal and state nondiscrimination laws and regulations, including,
but not limited to Chapter 49.60 RCW (Washington's Law Against
Discrimination) and 42 U.S.C. 12101 et. seq. (the Americans With Disabilities
Act [ADA]).
b) In the event of the CONTRACTOR'S noncompliance or refusal to comply with
any nondiscrimination law, regulation, or policy, this contract may be rescinded,
canceled, or terminated in whole or in part, and the CONTRACTOR may be
declared ineligible for further contracts with the DEPARTMENT. The
CONTRACTOR shall, however, be given a reasonable time in which to remedy
any such noncompliance. Any dispute may be resolved in accordance with the
"Disputes" procedure set forth in Section 23 of this contract.
10. CONTRACT MODIFICATIONS
The DEPARTMENT and the CONTRACTOR may, from time to time, desire to make
changes to this contract. Any such changes that are mutually agreed upon by the
DEPARTMENT and the CONTRACTOR shall be incorporated herein by written
amendment. It is mutually agreed and understood that, except for the budget
modifications described in Section 11 of this contract, no alteration or variation of the
terms of this contract shall be valid unless made in writing and signed by the parties
hereto, and that any oral understanding or agreements not incorporated herein shall not be
binding.
11. MODIFICATIONS TO THE PROJECT BUDGET
a) Notwithstanding any other provision of this contract, the CONTRACTOR may, at
its discretion, make modifications not to exceed fifteen percent (15 of each line
item in the Project Budget (Attachment A), hereof.
b) The CONTRACTOR shall notify the DEPARTMENT in writing when making
any budget modification or modifications that would exceed fifteen percent (15
of any budget line item. Any such request shall require the written approval of
the DEPARTMENT, and any such modifications shall be made in writing and
signed by both parties, and attached to the Project Budget (Attachment A), hereof.
c) Nothing in this section shall be construed to permit an increase in the amount of
funds available for the Project, as set forth in Section 1 of this contract.
12. TERMINATION OF CONTRACT
a) If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and
proper manner its obligations under this contract or if the CONTRACTOR shall
violate any of its covenants, agreements or stipulations of this contract, the
5
DEPARTMENT shall thereupon have the right to teuuinate this contract and
withhold the remaining allocation if such default or violation is not corrected
within twenty (20) days after the DEPARTMENT'S submitting written notice to
the CONTRACTOR describing such default or violation; Provided, that if more
than twenty (20) days are required to correct any such default or violation and the
CONTRACTOR has initiated appropriate corrective measures as reasonably
determined by the DEPARTMENT, the DEPARTMENT will not terminate this
CONTRACT for such default or violation.
b) Notwithstanding any provisions of this contract, either party may terminate this
contract by providing the other party with written notice of such termination,
specifying the effective date thereof, at least thirty (30) days prior to such date.
c) In the event this contract is terminated, the CONTRACTOR shall be reimbursed
for eligible expenses incurred prior to the effective date of such temiination and
not otherwise paid for by the DEPARTMENT, as the DEPARTMENT reasonably
determines.
d) In the event funds are not reappropriated for this Project in the 2009 2011
biennial budget, this contract shall terminate on June 30, 2009.
13. SPECIAL PROVISION
The DEPARTMENT'S failure to insist upon the strict perfotinance of any provision of
this contract or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this
contract.
14. HOLD HARMLESS
a) It is understood and agreed that this contract is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is
formed as a result of this contract. Each party hereto agrees to be responsible and
assume liability for its own negligent acts or omissions, or those of its officers,
agents, or employees to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In
the case of negligence of more than one party, any damages allowed shall be
levied in proportion to the percentage of negligence attributable to each party, and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
6
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this contract. Each contract for
services or activities utilizing funds provided in whole or in part by this contract
shall include a provision that the DEPARTMENT and the state of Washington are
not liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
c) The CONTRACTOR shall defend, indemnify and save the DEPARTMENT, its
officers, and employees harmless, from and against any and all claims, including
reasonable attorney fees, made by the CONTRACTOR, its subcontractors, their
employees and subcontractors, and any other persons, relating to the payment or
reporting of prevailing wages under RCW 39.04 or RCW 39.12.
15. RECAPTURE PROVISION
In the event that the CONTRACTOR fails to expend state funds in accordance with state
law and/or the provisions of this contract, the DEPARTMENT reserves the right to
recapture state funds in an amount equivalent to the extent of noncompliance.
Repayment by the CONTRACTOR of state funds under this recapture provision shall
occur within thirty (30) days of demand. In the event that the DEPARTMENT is
required to institute proceedings to enforce this recapture provision, the DEPARTMENT
shall be entitled to its cost thereof, including reasonable attorney's fees.
16. OWNERSHIP OF PROJECT /CAPITAL FACILITIES
The DEPARTMENT makes no claim to any real property improved or constructed with
funds awarded under this contract and does not assert and will not acquire any ownership
interest in or title to the capital facilities and/or equipment constructed or purchased with
state funds under this contract. This provision does not extend to claims that the
DEPARTMENT may bring against the CO NTRACTOR in recapturing funds expended
in violation of this contract.
17. RELATIONSHIP BETWEEN THE PARTIES
The CONTRACTOR and its employees or agents performing under this contract are not
deemed to be employees of the DEPARTMENT nor agents of the DEPARTMENT in
any manner whatsoever, nor will they hold themselves out as nor claim to be officers or
employees of the DEPARTMENT or of the state of Washington hereof and will not make
any claim, demand, or application to or for any right or privilege applicable to an officer
or employee of the DEPARTMENT or of the state of Washington.
18. GOVERNING LAW AND VENUE
This contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of
any action at law between the parties arising out of this contract shall be the superior
court of Thurston County, Washington.
7
19. SEVERABILITY
In the event any term or condition of this contract or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terns, conditions, or
applications of this contract that can be given effect without the invalid term, condition,
or application. To this end the temis and conditions of this contract are declared
severable.
20. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this contract are
withdrawn, reduced, or limited in any way by the Governor or the Washington State
Legislature during the contract period, the parties hereto shall be bound by any such
revised funding limitations as implemented at the discretion of the DEPARTMENT, and
shall meet and renegotiate the contract accordingly.
21. ENTIRE AGREEMENT
This contract and all attachments hereto contain all the terms and conditions agreed upon
by the parties. No other understandings, oral or otherwise, regarding the subject matter
of this contract and attachments shall be deemed to exist or to bind any of the parties
hereto.
22. SIGNAGE. MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the CONTRACTOR displays or circulates
any communication, publication, or donor recognition identifying the financial
participants in the Project, any such communication or publication must identify "The
Taxpayers of Washington State" as a participant.
23. DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute hearing. The parties shall select a dispute resolution team to resolve the
dispute. The dispute resolution team shall consist of a representative appointed by the
DEPARTMENT, a representative appointed by the CONTRACTOR, and a third party
mutually agreed upon by both parties. The dispute resolution team shall attempt, by
majority vote, to resolve the dispute. The parties agree that this dispute process shall
precede any action in a judicial or quasi judicial setting.
24. PREVAILING WAGE LAW
The Project funded under this contract may be subject to state prevailing wage law
(Chapter 39.12 RCW). The CONTRACTOR is advised to consult the Industrial
Statistician at the Washington Department of Labor and Industries to determine whether
prevailing wages must be paid. The DEPARTMENT is not responsible for determining
whether prevailing wage applies to this Project or for any prevailing wage payments that
may be required by law.
8
25. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR -OWNED PROPERTY
a) The CONTRACTOR understands and agrees that any and all real property or
facilities owned by the CONTRACTOR that are acquired, constructed, or
otherwise improved by the CONTRACTOR using state funds under this contract
shall be held and used by the CONTRACTOR for the purpose or purposes stated
elsewhere in this contract for a period of at least ten (10) years from the date the
final payment is made hereunder.
b) This provision shall not be construed to prohibit the CONTRACTOR from selling
any property or properties described in this section; Provided, that any such sale
shall be subject to prior review and approval by the DEPARTMENT, and that all
proceeds from such sale shall be applied to the purchase price of a different
facility or facilities of equal or greater value than the original facility and that any
such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
c) In the event the CONTRACTOR is found to be out of compliance with this
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1, hereof, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
provision).
26. CHANGE OF USE FOR LEASED PROPERTY
a) The CONTRACTOR understands and agrees that any facility leased by the
CONTRACTOR that is constructed, renovated, or otherwise improved using state
funds under this contract shall be used by the CONTRACTOR for the purpose or
purposes stated elsewhere in this contract for a period of at least ten (10) years
from the date the final payment is made hereunder.
b) In the event the CONTRACTOR is found to be out of compliance with this
section, the CONTRACTOR shall repay to the state general fund the principal
amount of the grant as stated in Section 1, hereof, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most
closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 15 (Recapture
Provision).
9
27. HISTORICAL AND CULTURAL ARTIFACTS
In the event that historical or cultural artifacts are discovered at the Project site during
construction, the CONTRACTOR shall immediately stop construction and notify the
local historical preservation officer and the state historical preservation officer at the
Washington State Department of Archaeology and Historic Preservation.
28. REAPPROPRIATION
a) The parties hereto understand and agree that any state funds not expended by
June 30, 2009, will lapse on that date unless specifically reappropriated by the
Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this contract shall be contingent upon the terms of
such reappropriation.
b) In the event any funds awarded under this contract are reappropriated for use in a
future biennium, the DEPARTMENT reserves the right to assign a reasonable
share of any such reappropriation for administrative costs.
29. SURVIVAL
a) The terms and conditions contained in this contract that by their sense and context
are intended to survive the termination of this contract, including Sections 14
(Hold Harmless), 15 (Recapture Provision), 18 (Governing Law and Venue), 22
(Signage, Markers and Publications), 23 (Disputes), 25 (Change of Ownership or
Use for Contractor -Owned Property) and 26 (Change of Use for Leased
Property), shall so survive.
{Rest of page left blank intentionally}
10
30. ADMINISTRATION
a) The CONTRACTOR'S representative shall be Gail Labanara.
b) The DEPARTMENT'S representative shall be Daniel Aarthun.
IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this
contract as of the date and year written below.
Marijo Olson, Acting Assistant Director Steve Mullet, Mayor
Local Government Division City of Tukwila
Department of Community, Trade, and
Economic Development
Federal Tax ID 91- 6001519
Date: Date:
APPROVED AS TO FORM:
Assistant Attorney General
Date: 2
e
11
ATTACHMENT A
PROJECT BUDGET
Line Item A mount
Site Acquisition S0.00 1
Architecture Engineering $66,000.00 1
Construction $690,000.00
Capitalized Equipment $0.00
Construction Management 1 $107,000.00
Other $0.00
Total Contracted Amount: $863,000.00
The CONTRACTOR, by its signature, certifies that the Project Budget set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as of the date and year written below.
CONTRACTOR
TITLE
DATE
12
ATTACHMENT B
CERTIFICATION OF THE AVAILABILITY OF FUNDS
TO COMPLETE THE PROJECT
Non -State Funds Amount i Total
King County $250,000.00
City of Tukwila $168,625.00
Total Non -State Funds $418,625.00 $418,625.00
State Funds
2007 State Capital Budget $444,375.00 1 $444,375.00
Total Non -State and State Sources $863,000.00
j
j
CERTIFICATION
The CONTRACTOR, by its signature, certifies that project funding from sources other than
those provided by this contract and identified above has been reviewed and approved by the
CONTRACTOR'S governing body or board of directors, as applicable, and has either been
expended for eligible Project expenses, or is committed in writing and available and will remain
committed and available solely and specifically for carrying out the purposes of this Project as
described in elsewhere in this contract, as of the date and year written below. The
CONTRACTOR shall maintain records sufficient to evidence that it has expended or has access
to the funds needed to complete the Project, and shall make such records available for the
DEPARTMENT'S review upon reasonable request.
CONTRACTOR
TITLE
DATE
13
ATTACHMENT C
PROJECT SCOPE OF WORK
PROJECT SUMMARY
Funds will be used for capital infrastructure improvements related to the Fort Dent Sewer
project, located from 14900 Maule Avenue South, to the intersection of Fort Dent Way and
Interurban Avenue South. Work will include infastructure improvements related to the
construction of 2,150 linear feet of 8 -inch PVC sanitary sewer main. This will also include
construction of 645 linear feet of 6 -inch ductile iron pipe force main from the Fort Dent Way and
Interurban Avenue South intersection to Lift Station #5, with associated pavement restoration
and related work.
Construction began in February 1, 2007 and is expected to be completed by September 30,2007.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body as of the date and year written
below.
CONTRACTOR
TITLE
DATE
14
ATTACHMENT D
CERTIFICATION OF THE PAYMENT AND REPORTING
OF PREVAILING WAGES
CERTIFICATION
The CONTRACTOR, by its signature, certifies that all contractors and subcontractors
performing work on the Project shall comply with prevailing wage laws set forth in Chapter
39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the
filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as
required by RCW 39.12.040. The CONTRACTOR shall maintain records sufficient to evidence
compliance with Chapter 39.12 RCW, and shall make such records available.for the
DEPARTMENT'S review upon request.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body as of the date and year written
below.
CONTRACTOR
TITLE
DATE
15
ATTACHMENT E
CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP LN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION
The CONTRACTOR, by its signature, certifies that it will enter into the Leadership in Energy
and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to
the Project funded by this contract. The CONTRACTOR shall, upon receipt of LEED
certification by the United States Green Building Council, provide documentation of such
certification to the DEPARTMENT.
The CONTRACTOR, by its signature, certifies that the declaration set forth above has been
reviewed and approved by the CONTRACTOR'S governing body or board of directors, as
applicable, as of the date and year written below.
CONTRACTOR #4,4:
l ee (C
TITLE
DATE C/,.
16
s y
:Ili: City of Tukwila
N'•, J Utilities Committee
1so
UTILITIES COMMITTEE
Meeting Minutes
October 16, 2007- 4:00 p.m.
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffle and Jim Haggerton
Staff: Jim Morrow, Frank Iriarte, Pat Brodin, Bob Giberson, Mike Cusick, Ryan Larson, Gail
Labanara, Pat Brodin, Susan Brock and Kevin Fuhrer
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Hernandez called the meeting to order at 4:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Contract for Grant Appropriation Fort Dent Park/Interurban Ave S Sewer Extension Proiect
Jim Morrow reported that we received a State earmark grant through the Washington State Department
of Community Trade and Economic Development (C'1'FD). Policy requires Council approval to accept
all grant funds. The grant is for $450,0000. When the C'1'BD's administrative costs are subtracted, the
total received by the City will be $444,375.00. We also received $250,000 from King County for this
project. Although construction began in February and was completed in September, we are eligible for
retroactive reimbursement through the grant by submitting the fmal voucher within 15 days following
completion of the work. There was a question 011 No. 15, the Recapture Provision and if that is a normal
provision in the grant contracts. Jim M. stated that the granting agencies usually have that wording in the
contracts as a formality in case there are any expenditures that are not in compliance and then the
granting agency can then request that the funds be returned. UNANIMOUS APPROVAL. FORWARD
TO OCTOBER 22 COW.
B. NPDES Phase II Stormwater Management Plan Consultant Selection and Contract Agreement
Ryan Larson reported that with the National Pollutant Elimination System (NPDES) permit, the City is
now required to implement a Master Drainage Plan. Five firms were evaluated and Parametrix had the
highest overall score. To reduce costs, the cities of Newcastle and SeaTac are partnering with us for the
Master Drainage Plan. The Department of Ecology has authorized a $75,000.00 grant to each of the
jurisdictions for this project. This consultant contract should inform us of all of the requirements and the
approximate costs of this unfunded mandate. We will then have to factor these costs into the surface
water rate model. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 22 COW.
C. 2008 Proposed Budget and CIP Review
Committee reviewed the budget and CIP pages as outlined below. There were no recommended changes
or corrections. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 22 COW.
REVIEW COMPLETE._ l BUDGET PAGES 1 CIP PAGES
Public Works General 1 117 -136 1
Land Acquisitions Park Develop. 301 1 1 1 21 -30
I Attachment F SWM XIX -XX
Surface Water 412 168 -172 1 133 -155
Equipment Rental 501 173 -175
1 Capital Items Summary 179 -180
COUNCIL AGENDA SYNOPSIS
k SSi' Initials ITEMNO.
—II 111 t Meeting Date Prepared by 1 Mayor's review 1 Council review 1
cs,:. i ce
10/22/07 I RL I tp 1- fJ 1 9
11/05/07 1 RL I 1
rsos
ITEM INFORMATION
I CAS NUMBER: 07-025 I ORIGINAL AGENDA DALE: OCTOBER 22, 2007
AGENDA ITEM TITLE NPDES Phase II Stormwater Management Plan
Consultant's Agreement with Parametrix
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/22/07 Mtg Date 11/05/07 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S This agreement is for the NPDES Phase II Stormwater Management Plan. The first annual
SUMMARY report and the City's Master Drainage Program are due to the Dept of Ecology (DOE) on
March 31, 2008. Five firms were interviewed and Parametrix was chosen as the most
qualified. We are partnering with the cities of Newcastle and SeaTac, which should reduce
costs. A $75,000 grant from DOE should be received in 2008.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA I'1~: 10/16/07
RECOMMENDATIONS:
SPONSOR/ADMIN. Authorize Mayor to sign the consultant's agreement with Parametrix.
COMMITTEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$75,000.00 $75,000.00
Fund Source: 412 Surface Water (page 136, Proposed 2008 CIP)
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
10/22/07
11/05/07
MTG. DATE ATTACHMENTS
10/22/07 Information Memo dated October 11, 2007
Selection Results
Consultant Agreement with Scope of Work
Utilities Committee Meeting Minutes from October 16, 2007
11/05/07
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: October 11, 2007
Subject: NPDES Phase II Stormwater Management Plan
Project No. 93 -DR10
Consultant Selection and Contract
ISSUE
Approve Parametrix, Inc., to develop the City's NPDES Phase II Stormwater Management Plan.
BACKGROUND
The National Pollutant Elimination System NPDES) requires that the City develop a Stormwater
Management Program and other requirements outlined in the City's General Permit that became effective
February 16, 2007. The first annual report and the City's Management Plan are due to the Depa3 Latent of
Ecology (DOE) on March 31, 2008. To assist cities with this and other permit requirements, the Washington
State Legislature approved grants of $75,000 to each of the effected jurisdictions.
Staff discussions with the cities of Newcastle and SeaTac revealed their interest in partnering on a Stormwater
Management Plan. This partnership would reduce the overall cost in developing the plan by avoiding
duplications. A consultant advertisement was published on August 14 and 21, 2007 and five firms responded
with proposals to conduct the work.
ANALYSIS
The five firms that responded were:
1. Parametrix, Inc. 4. Herrera Environmental Consultants
2. Otak, Inc. 5. Gray Osborne
3. RoseWater Engineering, Inc.
City staff from each of the cities evaluated the proposals. Parametrix had the highest overall score and scored
significantly better than the other firms. Staff from all three cities agreed that given the results of the ranking
and the firm's experience with similar projects, Parametrix should be selected to develop the Stormwater
Management Plan for each of the cities.
BUDGET SUMMARY
Contract *Budget
Stormwater Master Plan $75,000 75,000
*This budget amount is a DOE grant for $75,000 and should be received in 2008.
RECOMMENDATION
Approve the consultant agreement with Parametrix, Inc. to complete the NPDES Phase II Stormwater
Management Plan for $75,000.
RL:sb
attachments: Selection Results
Consultant Agreement
(P.Proj%t A- DR Proj cts \93DRIO'Jnfo Marro Srormwatr Isfpnr Plan)
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CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City and Parametrix, hereinafter referred to as "the Consultant," in
consideration of the mutual benefits, terms and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform consultant
services in connection with the project designated NPDES Phase II Stormwater
Management Plan.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and
supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. The Consultant shall perform
all services and provide all work product required pursuant to this Agreement within
240 calendar days from the date written notice is given to proceed, unless an extension
of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to the
Consultant shall not exceed $75,000 without express written modification of the
Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the
progress of the work for partial payment for that portion of the project completed
to date. Such vouchers will be checked by the City and, upon approval thereof,
payment shall be made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the City after
the completion of the work under this Agreement and its acceptance by the City.
D. Payment provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of
three (3) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under
this Agreement shall be the property of the City whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with the Consultant's endeavors. The Consultant shall not be responsible for
any use of the said documents, drawings, specifications or other materials by the City on
any project other than the project specified in this Agreement.
6 Compliance with Laws. The Consultant shall, in performing the services contemplated
by this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City,
its officers, agents and employees, from and against any and all claims, losses or
liability, including attorney's fees, arising from injury or death to persons or damage to
property occasioned by any act, omission or failure of the Consultant, its officers, agents
and employees, in performing the work required by this Agreement. With respect to the
performance of this Agreement and as to claims against the City, its officers, agents and
employees, the Consultant expressly waives its immunity under Title 51 of the Revised
Code of Washington, the Industrial Insurance Act, for injuries to its employees, and
agrees that the obligation to indemnify, defend and hold harmless provided for in this
paragraph extends to any claim brought by or on behalf of any employee of the
Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not
apply to any damage resulting from the sole negligence of the City, its agents and
employees. To the extent any of the damages referenced by this paragraph were caused
by or resulted from the concurrent negligence of the City, its agents or employees, this
obligation to indemnify, defend and hold harmless is valid and enforceable only to the
extent of the negligence of the Consultant, its officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration
of this contract comprehensive general liability insurance, with a minimum coverage of
$500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000
per occurrence /aggregate for property damage, and professional liability insurance in the
amount of $1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by
2
this section shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither the Consultant nor any employee of
the Consultant shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of
an employer with respect to the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working
solely for the Consultant, to solicit or secure this contract, and that he has not paid or
agreed to pay any company or person, other than a bonafide employee working solely
for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this contract.
For breach or violation of this warrant, the City shall have the right to annul this
contract without liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the City.
13. Non Waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement,
3
if requested to do so by the City. This section shall not be a bar to renegotiations
of this Agreement between surviving members of the Consultant and the City, if
the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be
entitled to recover its costs, including reasonable attorney's fees, incurred in such suit
from the losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Parametrix
411 108 Avenue NE, Suite 1800
Bellevue, WA 98004 -5571
17. Integrated Agreement. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both the City and the
Consultant.
DATED this day of
CITY OF TUKWILA CONSULTANT
By:
Steven M. Mullet, Mayor
Title
Attest/Authenticated: Approved as to Form:
Jane E. Cantu, City Clerk Office of the City Attorney
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SC OF WORK
City of Tukwila
NPDES Phase 11 Stormwater Management Plan
INTRODUCTION
The efforts described in this Scope of Work will enhance the City of Tukwila's existing stormwater
management program (SWMP) to meet the Department of Ecology NPDES Phase II permit requirements.
The SWMP update effort will include review of existing stormwater program elements and gap analysis
of those elements as they pertain to the known Phase II requirements; evaluation of the existing
stormwater technical manual currently in use; identification of staffing needs to sustain your SWMP;
evaluation of future funding needs for program sustainability; and assistance in presenting your respective
SWMPs to City Council. In addition, since the Phase II requirements are not yet fully defined by
Ecology, effort will be made to keep abreast of evolving Ecology requirements. The work described in
this scope is expected to be performed during the period October 2007 through May 2008.
PROJECT PURPOSE AND OVERVIEW
The purpose of this project is to assist the City of Tukwila in developing a stormwater management
program that is supported by your city council and can be implemented by your staff. Since your SWMP
update is being done in collaboration with SWMP updates for the municipalities of Newcastle and
SeaTac, elements that are common to all three cities will be identified and developed, and elements of the
SWMP that are unique to the City of Tukwila will also be identified and developed. These elements will
be identified in an initial scoping meeting with City staff and developed over the course of the project and
included in the SWMP. Specific tasks include:
Task 1: Stormwater Program Evaluation
Task 2: Develop Compliance Schedule
Task 3: Stormwater Manual Technical Evaluation
Task 4: Develop SWMP Documents
Task 5: Staffing Analysis
Task 6: Council Presentations
Task 7: Public Involvement Program
Task 8: Funding Analysis
Task 9: Project Management
Task 10: Develop Program Tools (optional depending on availability of funding)
The individual tasks are described in detail below.
City of Tukwila 558- 2067 -XXX
NPDES Phase 1! Stormwater Management Plan 1 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
1. STORMWATER PROGRAM EVALUATION
Measurable Objectives
The consultant shall prepare a Memorandum containing two (2) tables: (1) Existing Stormwater Program
Elements and, (2) Ecology required Program Elements. It is intended that the Ecology required Program
Elements table be shared with all three Cities (Tukwila, Newcastle and SeaTac) to establish concurrence
for all shared elements.
Approach
Parametrix will compare the NPDES Phase II permit requirements with stormwater program elements
currently in place or planned for the City. The foundation for this will be the draft NPDES Phase II
Stormwater Management Program Evaluation matrix that we have already started. Feedback from the
City will be required to identify any additional data sources such as facility inspection reports, operation
and maintenance programs, in -house database information, or recorded complaints. At this time we will
also identify any unique local needs and site specific water quality issues, including impending TMDLs
or ESA items, or the use of regional detention/water quality facilities.
In addition to the program evaluation described above, Parametrix will assist Tukwila with developing
basin specific flow control guidelines (exemptions) for up to five (5) flow /flow exemption scenarios. The
guidelines will focus on pre development flow match targets (e.g., 2008 existing condition, 1982
condition, pre- forested conditions, or drainage to built systems) that are specific to protecting each
receiving system or receiving water.
The guidelines would be developed by first selecting the drainage basins for basin specific standards,
typically for unique in -place collection or discharge systems. For discharges to natural systems, a
qualitative review of each of the receiving systems will be made to place each drainage area in a flow
control guideline scenario.
For natural systems, Parametrix will propose a pre developed flow condition recommendation (described
as a pre development condition) for use in a Stormwater Management Manual.
There will be two workshops with staff to (1) define the approach and applicable basins and (2) confirm
the proposed standards and area applications. No public meetings or Ecology meetings are proposed on
this topic. A summary technical memorandum will be prepared to support the flow scenario alternatives.
Assumptions
Up to five (5) scenarios will be developed with basin specific flow control guidelines.
Appropriate information about the built systems is provided; we will not prepare any maps,
inventory, or calculations of the existing system performance. Tukwila will provide the
information.
It is anticipated that following an initial evaluation the project team, this analysis will be
completed in one working session with representatives from each City.
Tukwila will provide Parametrix with current copies of the following in both hard copy and
electronic format if available by the dates indicated in the project schedule:
Stormwater Comprehensive Plan
City of Tukwila 558- 2067 -XXX
NPDES Phase II Stormwater Management Plan 2 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
Long -term Capital Improvement Project schedule, including anticipated annual budget
requirements.
Illicit discharge, detection, and elimination program and supporting documentation
Maintenance manuals and record keeping documents and procedures..
Facility inspection and reporting documents and procedures.
All available drainage system mapping including both pipe and structures with existing
identification method documentation.
Identification of critical area concerns.
Assessment of water quality concerns
Existing basin plans and identification of any future basin plans.
Draft and final maps for the flow exemption areas will be prepared by Tukwila.
Deliverables
Draft Existing Stormwater Program Table summarizing:
The existing stormwater management programs currently in place.
Deficiencies in the existing stormwater management programs.
Recommended approaches /programs and prioritization to ensure permit compliance.
Development of a retrofit flow control standard for the City.
Draft Program Element Table summarizing all three Cities,
Common program elements to all three Cities will be identified.
Basin Specific Flow Control Technical memorandum (2 -3 pages) describing the approach and
recommendation.
Final Existing Program Element Table for the City.
Final Program Element Table for all three (3) Cities.
2. DEVELOP COMPLIANCE SCHEDULE
Measurable Objectives
A detailed compliance schedule is needed to ensure Tukwila remains in compliance with all the
requirements of the NPDES Phase II permit.
Approach
The Parametrix will work with the City to develop a detailed compliance schedule that is specific to the
City's needs. This schedule will assist the team in identification of time critical elements that if not
addressed, might lead to permit deadlines being missed. Although the primary target of this scope's effort
is to create a SWMP document to be submitted with the City's first Annual Report on March 31, 2008, if
City of Tukwila 558- 2067 -XXX
NPDES Phase 1I Stonnwater Management Plan 3 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
budget allows, other deadlines need to be considered. The three (3) secondary deadlines are listed as
follows:
Public Participation in the SWMP development February 2008
Initiation of cost tracking mechanisms January 1, 2009 this work is not included in the current
scope and budget.
Development of an education and outreach program and the listing of a hotline February 16,
2009 the hotline work is not included in the current scope and budget.
Support Tukwila in its required Ecology Annual Report this work is not included in the current
scope and budget beyond 2008.
Assumptions
If Tukwila wishes to include any or all of the secondary work, additional scope and budget can be
added at any time over the course of this project. A revised project schedule would be needed to
assess how this additional work would impact the compliance schedule.
Any delay in the City's providing the Parametrix with the needed deliverables as per the project
schedule could impact the success of meeting the timeline in the City's compliance schedule.
Deliverables
MS Project Gantt chart of permit deadlines and supporting tasks (hard copy and pdf electronic
copy)
3. STORMWATER TECHNICAL MANUAL EVALUATION
Measurable Objectives
The City has indicated the need to evaluate the stormwater technical manuals available for adoption.
There are two primary manuals used in this region: Ecology's 2005 Stormwater Management Manual for
Western Washington (SMMWW) and King County's 2005 Surface Water Management Manual
(SWDM). Although there are similarities between the two manuals, the following issues need to be
evaluated prior to adoption:
Retrofit requirements for redevelopment.
Flow control standards.
Water quality treatment standards.
Current thresholds for stormwater requirements.
Hydrologic modeling tools required (WWHM3 or KCRTS).
Whether the King County manual has been deemed equivalent by Ecology to Ecology's manual.
General ease of use of the adopted manual.
City specific issues identified during the scoping process that may require modifications in
standards prior to adoption of either manual.
City of Tukwila 558- 2067 -XXX
NPDES Phase 11 Stormwater Management Plan 4 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
We are aware that the King County manual is currently under review by Ecology and will be revised to
meet the permit requirements for equivalency. Per a conversation on October 4, 2007, a draft of the
KCSWDM is due out in November with finalization of the Manual anticipated by early 2008.
It is Parametrix's understanding that evaluation of the two manuals will be performed specifically for the
City of Tukwila and the City of Newcastle. The City of SeaTac does not anticipate the need to change its
current stormwater management manual.
Approach
Evaluate retrofit requirements for redevelopment:
Review the Tukwila's current standards and code to determine current thresholds for retrofit
requirements.
Compare the City's current retrofit thresholds to the retrofit thresholds in the NPDES Phase II
Pei uiit.
Coordinate with City staff and other relevant downstream agencies to deteiutine if there are
current hydraulic capacity problems or natural resources that could benefit from stormwater
retrofit through redevelopment requirements.
Perform conceptual hydrologic analyses to determine how peak flow rates and durations could
potentially be reduced with retrofit requirements.
Evaluate applicable hydrologic modeling tools:
Identify the types of stormwater design elements typically requiring hydrologic modeling, such as
conveyance, water quality treatment, flow control, and Low Impact Development (LID) Best
Management Practices (BMPs).
Prepare a matrix that identifies:
stormwater design elements for which hydrologic analysis is required,
typically acceptable methodologies,
readily available resources that present the methods,
advantages and disadvantages of the methods,
agencies that may potentially review projects, and
recommended allowable methodologies.
Evaluate King County SWDM equivalency to Ecology's SMMWW:
Coordinate with Ecology regarding review and approval status of King County's SWDM.
Coordinate with King County to discuss potential major differences.
General ease in using the adopted manual:
King County's SWDM was prepared specifically for areas for which stormwater management is
specifically within the jurisdiction of King County. Consequently, there are terms and sections
within the SWDM that are not applicable to the City. Depending on the number of differences, it
City of Tukwila 558- 2067 -XXX
NPDES Phase 11 Stormwater Management Plan 5 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
may be simpler to prepare an entirely new manual, replace specific sections, or adopt Ecology's
SMMWW with amendments.
Parametrix will identify specific questions typically encountered in stormwater management
design and determine how readily the answers may be found in the two different manuals.
Other City specific issues:
Review other issues identified by the City during the scoping process that may require
modifications in standards prior to adoption of either manual.
Assumptions
The only two manuals Parametrix will include in this evaluation are the Ecology 2005
Stormwater Management Manual for Western Washington SMMWW) and King County 2005
Surface Water Design Manual (SWDM).
It is Parametrix's understanding that the King County manual has been submitted to Ecology for
review but that a final determination has not yet been made. Parametrix will coordinate with
Ecology to determine the review status. Parametrix will proceed with evaluating the two manuals
and will incorporate information from Ecology if such information is available as the evaluation
occurs.
Additional manuals can be included in this evaluation subject to scope and budget modifications
approved by the City.
The results of the approaches will be summarized in a Draft and Final Stormwater Manual
Evaluation and Recommendations Technical Memorandum. There will not be a separate
memorandum for each task.
Deliverables
Matrix identifying hydrologic and retrofit analysis methodologies.
Draft Stormwater Manual Evaluation and Recommendations Technical Memorandum
Final Stormwater Manual Evaluation and Recommendations Technical Memorandum.
4. DEVELOP SWMP DOCUMENTS
Measurable Objectives
The Parametrix will support Tukwila in the development of an Ecology approved SWIvIP that addresses
the minimum requirements for Ecology's Phase II permit. However, the requirements are still evolving at
Ecology and the development of Tukwila's manual may need modification as new information becomes
available throughout the course of this project. The SWMP will include elements common to all three
Cities in addition to elements unique to Tukwila.
Approach
Reach consensus on the SWMP elements that are committed to by Tukwila. The draft SWMP and
supporting implementation plan will need to be presented to City council. Attend the NPDES
City of Tukwila 558- 2067 -300(
NPDES Phase 1I Stormwater Management Plan 6 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
coordinators meeting with Ecology on October 25 -26 to obtain up -to -date information on Ecology's
Phase II permit requirements.
Assumptions
A summary of all Phase II permit minimum required elements will be prepared by the Parametrix.
This will include elements that:
Have been accomplished by Tukwila
Have been agreed to by City Council
We will address the content of the Phase II permit requirements. If new issues arise from
Ecology there will need to be modifications to scope and budget.
Deliverables
Draft SWMP document.
Final SWMP document.
5. STAFFING ANALYSIS
Measurable Objectives
Using a staff matrix, the Parametrix will work with the City to determine the number and type of staff it
will take to support the implementation of the stormwater management program.
Approach
Using a staffing matrix, the stormwater program elements that need to be implemented will be defined by
staff position and paired with the different staffing skills and/or responsibilities required to sustain those
positions. The existing staff availability and skills will be evaluated and included in the matrix. The
matrix will be completed by indicating whether a particular skill/responsibility is required and the
estimating the anticipated level of effort in hours. Hours available from existing staff will be included as
negative values. Summing the hours will provide an estimate of the full -time equivalents (F1 Es) required
as well as the skill type.
Assumptions
No draft of the Technical Memorandum will be provided since consensus will be reached during
the development of the staffing matrix.
The Staffing Recommendation Technical Memorandum will be presented to City council.
Deliverables
Completed draft staffmg matrix
Final staffing matrix
Final Staffing Recommendation Technical Memorandum.
City of Tukwila 558- 2067 -XXX
NPDES Phase II Stormwater Management Plan 7 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
6. COUNCIL PRESENTATIONS
Measurable Objectives
Assist the City in its efforts to codify the SWMP and support staffing requirements needed for its
implementation.
Approach
Presentation of the draft SWMP at a City council meeting. Presentation of the Staffing Recommendation
Technical Memorandum to City council could potentially necessitate attendance at a second city council
meeting.
Assumptions
Parametrix will attend two (2) City council meetings. Any further attendance will require
expanded scope and budget that will include preparation, travel and meeting time.
City council meetings will include presentation of the Staffing Recommendation Technical
Memorandum and to present the draft SWMP.
Deliverables
Two (2) preparation meetings with City staff, each prior to the respective City council meeting.
Two (2) meetings with City council.
7. PUBLIC INVOLVEMENT PROGRAM
Measurable Objectives
To update the existing Tukwila stormwater website, enabling it to meet the minimum Ecology Phase II
requirements for a public involvement program.
Approach
To work with Tukwila staff supporting their in house IT staff.
Assumptions
It is likely that public involvement strategies /tools will be discussed at a forum/subcommittee
meeting with relevant information posted on the "Share Point" currently under development by
King County.
Deliverables
Technical support to the Tukwila IT staff.
City of Tukwila 558- 2067 -XXX
NPDES Phase II Stormwater Management Plan 8 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
8. FUNDING ANALYSIS
Measurable Objectives
Parametrix project team will assist Tukwila in conducting a funding analysis to ensure that funding is
available to sustain the City's SWMP.
Approach
The funding analysis will involve a review of the City's known and anticipated revenue needs (including
the anticipated costs of the NPDES Phase II elements), an evaluation of existing revenue sources, a
review of the utility rate structure, and consideration of the use of other funding sources such as system
development charges for new construction. This work will be completed by the FCS Group.
FCS Group will meet once with the City to identify up to two key funding policy questions for analysis.
FCS Group will develop a technical memorandum defining each of the up to two issues, proposing
alternative solutions, analyzing the pros and cons of each alternative, and providing a preliminary
recommended course of action for each issue.
FCS will perform a technical financial analysis, modeling rates for up to two levels of service, as defined
by the City and Parametrix. Resulting rate projections will be provided to the City for operational service
levels, taking into consideration capital improvement costs as well as the required changes due to
compliance with the Phase II permit. The analysis will include the incorporation of depreciation funding
as a way of meeting ongoing system replacement needs. The level -of- service approach will allow the City
to consider alternatives and quickly rule out financially infeasible options.
Assumptions
Rate projections will be calculated assuming continuation of the City's existing rate structure.
Deliverables
Funding Analysis Technical Memorandum.
A recommended funding plan for the City. The funding plan will include rate projections for up
to two levels of service.
Two (2) review meetings with City staff, one to identify key policy issues, and one to discuss
technical memoranda and the financial analysis.
9. PROJECT MANAGEMENT
9.1. Managing the Project
Measurable Objectives
Constant and thorough project management and communications shall be maintained between the
Parametrix team and Tukwila staff to maximize teamwork and productivity while minimizing rework.
City of Tukwila 558- 2067 -XXX
NPDES Phase 1I Stormwater Management Plan 9 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
Approach
Parametrix shall manage the project in collaboration with Tukwila to accomplish the project objectives.
The work shall be in compliance with the project's scope, within the defined schedule and budget, while
actively projecting/monitoring risk factors.
Project Management Plan
The PMP shall be prepared by the Parametrix and meet the requirements of Parametrix's project
management plan guidelines. The PMP shall include a communication plan, work breakdown structure,
scope of work, schedule, and deliverables matrix. Parametrix shall prepare a PMP within 30 days of
receipt of written Notice to Proceed.
Scope, Schedule, and Budget
Parametrix shall monitor and manage the project scope for the purpose of developing a SWMP for
submittal to Ecology as part of the required NPDES Phase II permitting process. Changes in scope shall
be reported to the City for approval and as agreed to and documented prior to work proceeding. This is
intended to help all parties monitor the scope and to propose corrective actions when necessary.
The Parametrix shall create, update, monitor and manage the project schedules. Two separate schedules
will be needed; the project schedule and Ecology's permit schedule. The schedules shall meet the Ecology
permit and project timelines. Projections shall be provided to the City. Current status to complete work
within schedule shall be developed. This is intended to help monitor the project schedule and to propose
corrective actions if necessary.
The Parametrix shall provide monthly progress reports on the project scope, schedule, cost to complete,
earned value, and budget status. Parametrix shall prepare and submit monthly invoices for work
performed and report on the invoice tracking, cost to complete, and earned value status.
Assumptions
Project meetings will be held a maximum of twice monthly; one at the City's office in Tukwila and the
other at Parametrix's office in Bellevue. Every attempt will be made to manage the project without the
meetings, but should they be required, agendas shall be prepared by the Parametrix prior to each meeting.
Meeting summaries, including action items, shall be produced by the Parametrix and distributed to the
team and City within two working days of the meeting. Eight (8) meetings are included; two in each
month of November 2007 through March 2008 except October, December and March which have one
meeting each scheduled.
Monthly invoices and progress reports shall be prepared in a standard Parametrix format. Progress reports
shall describe the work accomplished during the billing period, including the status of individual work
elements, schedule, budget, and action or information needed from the City. Earned value reporting shall
be included. Progress reports shall be submitted to the City with the monthly invoice.
The duration of this phase of the contract is estimated to be six (6) months.
Deliverables
Project Management Plan
Monthly invoices, progress and earned value reports.
City of Tukwila 558- 2067 -XXX
NPDES Phase II Stormwater Management Plan 10 October 2007
Scope of Work
SCOPE OF WORK (CONTINUED)
9.2. Managing Subconsultants
The Parametrix shall coordinate and manage all work and manage the efforts of subconsultants.
10. DEVELOP PROGRAM TOOLS [OPTIONAL]
Measurable Objectives
The Parametrix would work with City staff to develop tools to use in routine implementation of the
SWMP. These efforts will include the creation of decision flow charts, checklist reporting forms and
other materials needed by City staff to implement the new SWMP.
Approach
This work would be completed after the first Annual Report and completion of the first SWMP document.
A meeting with City staff could be required to determine remaining budget available and to prioritize
tasks. An amendment to the scope and budget will be required to define the agreed upon course of action.
This work could include use of the Parametrix to assist the City in new program implementation as
required by the SWMP. The programs that are not part of this scope and budge are: Public Involvement
and Participation; Illicit Discharge Detection and Illumination; Controlling Runoff from New
Development, Redevelopment and Construction Sites; Pollution Prevention and Operation and
Maintenance for Municipal Operations; Pollution Source Control; and Monitoring.
Assumptions
This work is not part of this scope and budget.
Deliverables
A draft amendment to the scope and budget if required.
GENERAL ASSUMPTIONS
It is assumed that all documentation provided by Tukwila will be clearly marked and well
organized to facilitate Parametrix review. Any organizational efforts required by the Parametrix
to complete the program evaluation will require additional scope and budget.
Any electronic files provided by Tukwila will be in a useable format.
Tukwila shall provide the Parametrix with one compiled set of comments for each draft submittal.
Any additional comments that require an additional draft review will result in an increase to
scope and budget.
All deliverables will include an electronic copy and 2 hard copies, unless otherwise stated
The Scope of Work does not include environmental field investigation, field surveying, base map
production or utilities documentation. It is assumed that any needed documentation of the City's
existing infrastructure will be provided by the City of Tukwila.
City of Tukwila 558- 2067 -XXX
NPDES Phase 11 Stormwater Management Plan 11 October 2007
Scope of Work
1
SCOPE OF WORK (CONTINUED)
PROJECT DELIVERABLES
The deliverables shall meet the following requirements:
This project shall communicate in English units
Hard copy submittals to the City of Tukwila shall include two (2) copies unless otherwise noted.
Electronic files shall be provided for all documents, and shall be sent to the City using a File
Transfer Protocol (1-TP) site, CD/DVD, or email attachment, as appropriate.
Electronic files shall be in an IBM- compatible format using the following software:
MS Office 2000
MS Project Professional 2003
Adobe PDF format
Internet access with TCP /F1 P capabilities and email address.
AutoCAD 2006
WWHM Version 3
KCRTS Version 6.0. Updated: 08/29/07
FURNISHED MATERIALS
The following items are to be obtained by the Parametrix from the City:
Existing Stormwater Management Manual in both hardcopy and electronic format
Existing Storm and Surface Water Comprehensive Plan in both hardcopy and electronic format
City of Tukwila GIS base map including:
Available information on stormwater structures and pipes
Basin Delineations
Cit of Tukwila 558- 2067 -XXX
NPDES Phase 11 Stormwater Management Plan 12 October 2007
Scope of Work
f City of Tukwila
w` /-61
Utilities Committee
1908 mi=
UTILITIES COMMITTEE
Meeting Minutes
October 16, 2007- 4:00 p.m.
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffle and Jim Haggerton
Staff: Jim Morrow, Frank Iriarte, Pat Brodin, Bob Giberson, Mike Cusick, Ryan Larson, Gail
Labanara, Pat Brodin, Susan Brock and Kevin Fuhrer
Guests: Chuck Parrish
CALL TO ORDER: Committee Chair Hernandez called the meeting to order at 4:00 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Contract for Grant Appropriation Fort Dent Park/Interurban Ave S Sewer Extension Proiect
Jim Morrow reported that we received a State earmark grant through the Washington State Department
of Community Trade and Economic Development (C'1'ED). Policy requires Council approval to accept
all grant funds. The grant is for $450,0000. When the C 1'ED's administrative costs are subtracted, the
total received by the City will be $444,375.00. We also received $250,000 from King County for this
project. Although construction began in February and was completed in September, we are eligible for
retroactive reimbursement through the grant by submitting the fmal voucher within 15 days following
completion of the work. There was a question on No. 15, the Recapture Provision and if that is a normal
provision in the grant contracts. Jim M. stated that the granting agencies usually have that wording in the
contracts as a formality in case there are any expenditures that are not in compliance and then the
granting agency can then request that the funds be returned. UNANIMOUS APPROVAL. FORWARD
TO OCTOBER 22 COW.
B. NPDES Phase II Stormwater Management Plan Consultant Selection and Contract Agreement
Ryan Larson reported that with the National Pollutant Elimination System (NPDES) permit, the City is
now required to implement a Master Drainage Plan. Five firms were evaluated and Parametrix had the
highest overall score. To reduce costs, the cities of Newcastle and SeaTac are partnering with us for the
Master Drainage Plan. The Department of Ecology has authorized a $75,000.00 grant to each of the
jurisdictions for this project. This consultant contract should inform us of all of the requirements and the
approximate costs of this unfunded mandate. We will then have to factor these costs into the surface
water rate model. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 22 COW.
C. 2008 Proposed Budget and CIP Review
Committee reviewed the budget and CIP pages as outlined below. There were no recommended changes
or corrections. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 22 COW.
REVIEW COMPLETE BUDGET PAGES CIP PAGES
Public Works General 1 117 -136
Land Acquisitions Park Develop. 301 149 21 -30
Attachment F SWM XIX -XX
Surface Water 412 1 168 -172 133 -155
Equipment Rental 501 1 173 -175
Capital Items Summary 1 179 -180
.s.:: COUNCIL AGENDA SEVOPSIS
ITEM NO.
-z I" 0 i G 1 Meetznq Date Prepared by 1 Mayor's review Council review
11/05/07 1 RAB 1 la e,
7908 I I I I
ITEM INFORMATION
1 CAS NUMBER: 07-026 I ORIGINAL AGENDA DATE: OCTOBER 22, 2007
AGENDA ITEM TITLE Interlocal Agreement for Jail Study
CATEGORY Discussion Motion Resolution Ordinance n BidArvard Public Healing Other
Mtg Date 10/22/07 Mtg Date 11/05/07 Mtg Date Mtg Date Mtg Date Mtg Date ftg Date
SPONSOR Council May'or Adm Svcs DCD Finance Fire Legal P6-R Police PW/
SPONSOR'S The cities of Des Moines, Federal Way, Renton and Tukwila are partnering to provide for
SUMMARY the joint funding of a cooperative Misdemeanant Jail study.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/15/07
RECOMMENDATIONS:
SPONSOR /ADM. Discuss agreement and forward to Regular Meeting for approval
COMMIT I•LE Unanimous approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$37,030* $45,000
Fund Source: GENERAL FUND SALARY SAVINGS
Comments expenditure required may change if Auburn decides to join the partnership
MTG. DATE RECORD OF COUNCIL ACTION
I 10/22/07
I
MTG. DATE J ATTACHMENTS
10/22/07 I Informational Memorandum dated 10/11/07
Draft Interlocal Agreement
Minutes from the Finance and Safety Committee Meeting of 10/15/07
C i t y of Tukwila
1 O
e���f 6200 Southcenter Boulevard a Tukwila, Washington 98188 Steven M. Mullet, Mayor
4
1908 .s
MEMORANDUM
TO: Finance and Safety Committee
FROM: Mayor's Office Pi`
DATE: October 11, 2007
SUBJECT: Interlocal Agreement for Jail Study
On Monday, September 17, 2007 the Council approved funds to be spent on a Jail Study
to determine the feasibility of establishing a misdemeanant jail facility to be used by Des
Moines, Federal Way, Renton and Tukwila. Attached is the proposed Interlocal
Agreement which formally establishes this cooperative arrangement between the Cities,
and sets forth the lead city and funding arrangement.
Staff requests that this item be referred to the COW on 10/22 and Regular Meeting on
11/5 for approval.
Phone: 206 433 -1800 City Hall Fax: 206- 433 -1833 o www.ci.tukwila.wa.us
INTERLOCAL AGREEMENT BETWEEN
THE CITIES OF DES MOINES, FEDERAL WAY, RENTON, AND TUKWILA
FOR A COOPERATIVE FEASIBILITY STUDY FOR THE CONSTRUCTION
AND OPERATION OF A MISDEMEANANT JAIL FACILITY
This Interlocal Agreement "ILA is entered into pursuant to Chapter 39.34 RCW
by the Cities of Des Moines "Des Moines Federal Way "Federal Way"), Renton,
"Renton and Tukwila "Tukwila all which are municipal corporations of the State
of Washington, hereinafter referred to as "Cities," to provide for the joint funding of a
Cooperative Misdemeanant Jail Study.
WHEREAS, Renton maintains a municipal jail pursuant to R.C.W. 70.48; and
WHEREAS, Des Moines, Federal Way, and Tukwila do not maintain municipal
jails; and
WHEREAS, cities in King County have been infoiined by the King County
Department of Adult and Juvenile Detention that King County will no longer accept
misdemeanor inmates from King County cities after December 31, 2012; and
WHEREAS, there is inadequate local jail space available to accommodate the
misdemeanant inmates from Des Moines, Federal Way, Renton, and Tukwila; and
WHEREAS, King County cities have, since 2002, been contracting with counties
in Eastern Washington to house misdemeanant inmates at considerable cost for housing
and transport; and
WHEREAS, the cities of Des Moines, Federal Way, Renton, and Tukwila, desire
to participate in efforts to plan effectively to share the use of resources needed by all
cities; and
WHEREAS, the Cities have agreed on the use of DLR Group, Inc. to perform the
feasibility study and have agreed upon the scope of work and contract terms for the study;
and
WHEREAS, through the Interlocal Cooperative Act, the cities of Des Moines,
Federal Way, Renton, and Tukwila have the authority to engage in cooperative efforts
which result in more efficient use of government resources;
NOW, THEREFORE, and in consideration of the tern's, conditions and
promises made herein, it is agreed as follows:
SECTION 1. Purpose of Interlocal Agreement: The purpose of the Interlocal
Agreement is to set up a cooperative arrangement between the Cities to jointly fund a
feasibility study for a misdemeanant jail facility.
SECTION 2. Lead City: The City of Renton will act as the Lead City, serving as
the fiscal and administrative agent for the cities and Penny Bartley, Renton Police
Manager, will serve as project manager for the study.
SECTION 3. Funding Arrangement. The total contract amount with DLR Group
is $161,000. The costs will be allocated amongst the cities as follows:
Des Moines' funding obligation is $12,880.
Federal Way's funding obligation is $32,200.
Tukwila's funding obligation is $37,030.
Renton's funding obligation is $78,890.
Renton will invoice the other cities upon receipt of invoices from the consultant
and invoices are due and payable to Renton within 30 days of receipt.
SECTION 4. Modification of Scope. Any changes in the Scope of Work to
accommodate any additional owners or participating agencies shall be borne by those
jurisdictions requesting the change.
SECTION 5. Indemnification and Defense: Each City agrees to indemnify and
defend the other Cities from any claims, damages, losses, and costs, including, but not
limited to, attorney's fees and litigation costs (hereinafter "tort expenses arising out of
claims by third parties for property damage and bodily injury, including death,
(hereinafter "tort injuries caused solely by the negligence or willful misconduct of such
City, the City's employees, affiliated corporations, officers, and lower tier subcontractors
in connection with this Interlocal Agreement.
If the negligence or willful misconduct of more than one City that is a party hereto
(or a person identified above for whom each is liable) is a cause of such "tort injuries,"
Interlocal Agreement
For Feasibility Study p. 2 of 2
then such "tort expenses" shall be shared between those Cities in proportion to their
relative degree of negligence or willful misconduct and such proportion shall apply to the
rights of indemnity and defense.
Each City hereby waives its immunity under Title 51 of the Revised Code of
Washington for claims of any type brought by any City agency or employees against the
other Cities. This waiver is specifically negotiated by the parties and a portion of the
City's payment hereunder is expressly made in consideration for the waiver.
SECTION 6. Applicable Law; Venue; Attorney's Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington. In
the event any suit, arbitration, or other proceeding is instituted to enforce any term of this
Agreement the parties specifically understand and agree that venue shall be exclusively in
King County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
SECTION 7. Insurance:
(A) The Cities agree to provide to each other signatory of the ILA, in a form
and in terms acceptable to the receiving party, evidence of insurance coverage, in the
form of a certificate of insurance from a solvent insurance provider and/or a letter
confirming coverage from a solvent insurance company or pool, which is sufficient to
address the insurance and indemnification obligations set forth in this Agreement.
(B) Each party shall obtain and maintain coverage in minimum liability limits
of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000)
in the aggregate for its liability exposures, including comprehensive general liability,
errors and omissions, auto liability and police professional liability. The insurance policy
shall provide coverage for those events that occur during the term of the policy, despite
when the claim is made.
(C) The insurance policies that shall specify the Cities, its officers, agents, and
employees as additional insured on all coverage with that coverage being pnmary and
Interlocal Agreement
For Feasibility Study p. 3 of 3
non contributory to any other coverage available to the Cities. The insurance policies
shall provide that they will not be cancelled without 45 days' written notice to the Cities.
SECTION 8. Contact Persons:
Notices provided for herein or questions about the feasibility study should be
directed to:
City of Renton:
Manager Penny Bartley
1055 So. Grady Way
Renton, WA 98057
(425) 430 -7565
City of Des Moines:
City Manager Tony Piasecki
21630 11 Avenue South
Des Moines, WA 98198
City of Federal Way:
City Manager Neal Beets
City of Tukwila:
City Administrator Rhonda Berry
6200 Southcenter Boulevard
Tukwila, WA 98188
SECTION 9. Teiui: This Agreement shall be effective 2007
and shall remain in effect through the completion of the study.
SECTION 10. Termination: Any party may terminate its participation in
the Interlocal Agreement without cause by giving the other Cities ninety -days' written
notice. The terminating party shall remain fully responsible for meeting its funding
responsibility and other obligations established by this Interlocal Agreement through the
end of the calendar year in which such notice is given.
Interlocal Agreement
For Feasibility Study p. 4 of 4
SECTION 11. Counterparts: This document may be executed in any
number of counterparts, each one which shall be considered an original.
IN WITNESS WHEREOF, the undersigned have entered into this Interlocal
Agreement as of this day of 2007.
Date: Attest:
The City of Renton, by: City Clerk
Kathy Keolker, Mayor
Approved as to legal form:
City Attorney, Renton
Date: Attest:
The City of Des Moines, by: City Clerk
Mayor /City Manager
Approved as to legal form:
City Attorney, Des Moines
Date: Attest:
The City of Federal Way, by: City Clerk
Mayor /City Manager
Approved as to legal form:
Interlocal Agreement
For Feasibility Study p. 5 of 5
City Attorney, Federal Way
Date: Attest:
The City of Tukwila, by: City Clerk
Mayor /City Administrator
Approved as to legal form:
City Attorney, Tukwila
Interlocal Agreement
For Feasibility Study p. 6 of 6
Q..../ J 2'' CZG V of Tukwila
a Finance Safety Committee
is
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
October 15, 2007 5:00 p.m.
PRESENT
Councilmembers: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson
Staff: Kevin Fuhrer, Christy O'Flaherty, Rhonda Berry, Derek Speck, Trish Kinlow, Viki Jessop,
Mary Miotke, Shelley Kerslake and Melissa Hart
Guests: Chuck Parrish, Jim Fiegal and Danijel Katicin
CALL TO ORDER: Committee Chair Haggerton called the meeting to order at 5:09 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. South King County Seattle Municipal Courts Language Assistance Plan
Staff reported of the $2 million dollar grant the state has set -aside for this program and that Tukwila
has spearheaded the grant application. Councilmember Hernandez complimented Trish Kinlow on the
efforts of this grant application and the very enlightening information that was provided in the agenda
packet. There was also discussion about the new electronic forms and how that would impact our
costs, as well as a possible need for special equipment. Ms. Kinlow stated she is working with the
City of Kent Municipal Court Administrator on a simple form that would be on a laptop located in the
court for patrons to use. The Committee complimented Ms. Kinlow on the very informative nature of
the presentation and wished her luck in the grant process. INFORMATION ONLY.
B. Interlocal Agreement for Jail Study
Rhonda Berry provided a brief background on this subject to the guests, and the new information that
the City of Auburn is considering joining the Interlocal agreement with Des Moines, Federal Way,
Renton and Tukwila. The Committee asked if that would lower Tukwila's funding amount for the
study, Ms. Berry stated she needed more time to discuss the study with the City of Auburn, and they
did not want to hold up the signing of the agreement. Once a decision has been made, an amendment
should be provided to the agreement adding the City of Auburn to Section 3 and Tukwila's share of
the total cost of the feasibility study should be less. Due to the length of the October 22 Council
meeting it was requested this item be added to an agenda in the near future to accommodate the
November 26 deadline. UNANIMOUS APPROVAL. FORWARD TO FUTURE COW.
C. 2008 Property Tax Lew Ordinance
Kevin Fuhrer provided background information and the calculations used to determine the 2008
property tax levy. The proposed levy amount is $11,400,000 and results in an anticipated levy rate of
$2.60 per $1,000 of valuation. Furthermore he reported that King County requires that the City
submit its levy request no later than November 30, 2007. A public hearing will be scheduled for
November 19, 2007. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 22 COW.
ru CO UNCIL A GENDA SYNOPSIS
h %s y Inrtta/s ITEM NO.
:of
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6 cAi li 0 Meeting Date I Prepared by Mayor's review Council review
1 10/22/07 1 1 KAF 1v I 4,,,y-f 1
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ITEM INFORMATION
CAS NUMBER: 07-027 'ORIGINAL AGENDA DATE: OCTOBER 22, 2007
AGENDA ITEM TITLE 2008 Property Tax Ordinances
1) Setting the Regular Levy 2) Increasing the Regular Levy by 1.0 percent
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other-
Mtg Date 10/22/07 Mtg Date Mtg Date Mtg Date 11/19/07 iiftg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adrn Svcs DCD Finance Fire Legal Pd:R Police PW
SPONSOR'S Pursuant to State statute, both proposed ordinances are required in order to receive
SUMMARY property tax revenues in 2008. The deadline for submitting 2008 property tax levies to
King County is November 30, 2007.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/15/07
RECOMMENDATIONS:
SPONSOR /ADMIN Adopt the two proposed property tax ordinances as presented
COMMITTEE Unanimous approval; forward to Committee of the Whole
COST IMPACT L FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: N/A
Comments: N/A
MTG. DATE RECORD= OF COUNCIL ACTION
10/22/07
MTG. DATE ATTACHMENTS
10/22/07 Informational Memorandum dated 10/16/07
Larry Gossett correspondence dated 10/12/07
Preliminary Levy Limit Worksheet 2008 Tax Roll
Excel Spreadsheet Calculating the 2008 Proposed Property Tax Levy
Proposed Ordinance Establishing the 2008 Regular Property Tax Levy
Proposed Ordinance Increasing the 2008 Regular Property Tax Levy 1.0 Percent
Minutes from the Finance Safety Committee Meeting of 10/15/07
Memorandum
To: City Council
From: Kevin A. Fuhrer, Finance Director 1&
Date: October 16, 2007
Subject: 2008 Proposed Property Tax Levy
In preparation for our discussion at the October 22, 2007 Committee of the Whole
meeting, I have attached a number of documents for your review related to
establishing the 2008 property tax levy.
Specifically, you will find correspondence from Larry Gossett, Chair of the
Metropolitan King County Council; a 2008 Preliminary Levy Limit Worksheet
prepared by the King County Assessor's Office; an Excel spreadsheet that I
prepared to develop a recommended levy value; and finally (2) draft ordinances
establishing the 2008 property tax levy.
As has been the case in past years, the County will not have final property
valuations prior to the November 30, 2007 levy submission cutoff date. Given the
preliminary nature of the valuations and consideration of the 1% levy base growth
constraint, I have set the recommended levy amount slightly higher than the value
I calculated for the estimated allowable levy. In the final analysis the County is
required to adjust downward to the maximum allowable amount, while conversely
it may not make an upward adjustment.
In closing, a public hearing on this topic is required by statute and will be
scheduled for the November 19, 2007 Council meeting.
King County
Larry Gossett
Councilmember, District 2
Metropolitan King County Council
October 12, 2007
RE: Submission of District Property Tax Levies for 2008 to the County Council
To the Board of Commissioners:
The County Council is required by RCW 84.52.070 to certify annually the amount of property taxes
levied in King County. In order to make this certification, we must know the amount of taxes to be
levied for each taxing district.
THE DEADLINE FOR SUBMITTING 2008 PROPERTY TAX LEVIES IS
NOVEMBER 30, 2007
In order for your district to receive property taxes in an amount greater than that received in 2007,
if permitted by law, we must receive your resolution by November 30, 2007. This applies to basic
levies provided for by State law as well as any excess levies approved by a vote of the people.
Please remember that the Assessor is required to review levy requests to ensure that they do not
exceed the allowable levy.
If you cannot finalize your levy request by November 30, please submit an estimate. If your
estimate is higher than the allowable levy, the Assessor will reduce the amount requested for your
jurisdiction to an amount no greater than the allowable levy. However, if your estimate is less than
the allowable levy, the amount requested can only be increased from the amount certified in your
ordinance or resolution to the level of the allowable levy with formal written notification from your
Board of Commissioners. This written notification must be filed with the Assessor and the Clerk of
the Council by December 5, 2007 for inclusion in the certification ordinance.
Forms are enclosed for you to use in submitting your levy request. Please submit copies of the
form and any resolution or ordinance that may be required by RCW 84.55.120 to both the King
County Council and the King County Assessor's Office at the following addresses:
Clerk's Office Hazel Gantz
Metropolitan King County Council Accounting Division
516 Third Avenue Room W -1039 King County Department of Assessments
Seattle, WA 98104 500 Fourth Ave. Room 709
Fax: 206 205 -8165 Seattle, WA 98104
Telephone: 206- 296 -1020 Fax: 206 -296 -0106
Telephone: 206 296 -5145
King County Courthouse, 516 Third Avenue Room 1200, Seattle, WA 98104
206 -296 -1002 Fax 206 -296 -0198 larry.gossett @kingcounty.gov www.kingcounty.gov /gossett
The King County Council may pass an amendatory certification ordinance in January 2008 in order
to allow for technical adjustments in the final levy amounts. However, discretionary increases in
your levy may not be made in this amendatory certification ordinance.
If you have any questions, please call the Assessor's Office at 296 -5145 or 296 -5146.
Thank you for your cooperation.
Sincerely,
Larry ossett, Chair
Metropolitan King County Council
cc: Scott Noble, Assessor
PRELIMINARY
LEVY LIMIT WORKSHEET 2008 Tax Roll
TAXING DISTRICT: City of Tukwila
The following detertnination of your regular levy limit for 2008 property taxes is provided by the King County
Assessor pursuant to RCW 84.55.100.
Annexed to Library District (Note 1) Estimated Library rate: 0.39217
Using Limit Factor Using Implicit
For District Calculation of Limit Factor Levy Price Deflator
11,122,660 Levy basis for calculation' (2207 Limit Factor) (Note 2) 11,122,660
1.0100 x Limit Factor 1.0208
11,233,887 Levy 11,354,456
32,693,514 Local new construction 32,693,514
0 Increase in utility value (Note 3) 0
32,693,514 Total new construction 32,693,514
2.84033 x Last year's regular levy rate 2.84033
92,860 New construction levy 92,860
11,326,747 Total Limit Factor Levy 11,447,316
Annexation Levy
0 Omitted assessment levy (Note 4) 0
11,326,747 Total Limit Factor Levy new lid lifts 11,447,316
4,385,613,904 Regular levy assessed value less annexations 4,385,613,904
2.58270 Annexation rate (cannot exceed statutory maximum rate) 2.61020
0 x Annexation assessed value 0
0 Annexation Levy 0
Lid lifts, Refunds and Total
0 First year lid lifts 0
11,326,747 Limit Factor Levy 11,447,316
11,326,747 Total RCW 84 55 levy 11,447,316
25,045 Relevy for prior year refunds (Note 5) 25,045
11,351,792 Total RCW 84.55 levy refunds 1 1,472,361
Levy Correction: Year of Error +or
11,351,792 ALLOWABLE LEVY (Note 6) 11,472,361 I
Increase Information (Note 7)
2.58842 Levy rate based on allowable levy 2.61591
11,165,762 Last year's ACTUAL regular levy 11,165,762
68,125 Dollar increase over last year other than N/C Annex 188,694
0.61% Percent increase over last year other than N/C Annex 1.69%
Calculation of statutory levy
Regular levy assessed value (Note 8) 4,385,613,904
x Maximum statutory rate 3 20783
Maximum statutory levy 14,068,304
+Omitted assessments levy 0
Maximum statutory levy 14,068,304
Limit factor needed for statutory levy Not usable
ALL YEARS SHOWN ON THIS FORM ARE THE YEARS IN WHICH THE TAX IS PAYABLE.
Please read carefully the notes on the reverse side.
10/08/07 3:35 PM
LevyLimitWS.doc
2007 Actual Property Tax Levy 11,165,762
1% Limitation (1 -747) 1.01
Allowable Levy Prior to New
Construction and Increase in Utility
Values 11,277,420
New Construction Estimated
Increase in Utility Value 42,693,514
2007 Regular Levy Rate 2.84033
New Construction Utility Levy 121,264
Total Estimated Allowable Levy 11,398,683
Total Estimated Levy Rate 2.59911
Recommended Levy Amount 11,400,000
Corresponding Levy Rate 2.59941
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF
TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING
JANUARY 1, 2008, ON ALL PROPERTY, BOTH REAL AND PERSONAL,
IN SAID CITY WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE
OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF
THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING
YEAR AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN htFrlCTIVE DATE.
WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated
financial requirements for 2008 and the amounts necessary and available to be raised by
ad valorem taxes on real, personal and utility property; and
WHEREAS, the final assessed valuation calculation has been determined;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regular Tax Levy.
A. There shall be and hereby is levied on all real, personal, and utility property in the City of
Tukwila, in King County, whose estimated assessed valuation is $4,385,613,904, current taxes for
the ensuing year commencing January 2008, in the amount and at the rates specified below:
Rate Amount
Regular Tax Levy $2.60 $11,400,000
B. The said taxes herein provided for are levied for the purpose of payment upon the
general bonded indebtedness of the City of Tukwila, the General Fund, and for the maintenance of
the departments of the municipal government of the City of Tukwila for the fiscal year beginning
January 1, 2008.
Section 2. Collection. This ordinance shall be certified to the proper County officials, as
provided by law, and taxes here levied shall be collected to pay to the Finance Director of the City
of Tukwila at the time and in the manner provided by the laws of the State of Washington for the
collection of faxes for non chartered code cities.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect January 1, 2008.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2007
ATTEST /AUTHENTICA I Ell:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Macintosh HD: Users: stacia :DesktopislaliPn:Gs1eral Tax Levy 2003.dx
KF:ksn 10'17207 Page 1 of 1
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA
REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING
JANUARY 1, 2008, ON ALL PROPERTY, BOTH REAL AND
PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has properly given notice of a public hearing, held on
November 19, 2007, pursuant to RCW 84.55.120; and
WHEREAS, the City, after hearing and duly considering all relevant evidence and
testimony presented, has determined that the City requires an increase in property tax
revenue from the previous year, in addition to the increase resulting from the addition of
new construction and improvements to property and any increase in the value of State
assessed property, in order to discharge the expected expenses and obligations of the City;
and
WHEREAS, the City has determined that it is in its best interest and necessary to meet
its expenses and obligations for the property tax revenue to be increased for 2008, and the
final assessed valuation calculation has been determined;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. An increase in the regular property tax levy, in addition to any amount
resulting from the addition of new construction and improvements to property and any
increase in the value of state assessed property, is hereby authorized for the 2008 levy in
the amount of $111,658, which is a percentage increase of 1.0% from the previous year.
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 and effect
January 1, 2008.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attomey Ordinance Number:
Macintosh HD:Users:stacia:Desktop:legislation:Regular Tax Levy 2008.doc
KF:ksn 10/17/2007 Page 1 of 1
,Ail.A i
o f 1
o: Ctv of Tukw la
Wes ,.I Finance Safety Committee
1soa
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
October 15, 2007- 5:00 p.m.
PRESENT
Councilmembers: Jim Haggerton, Chair; Joan Hernandez and Dennis Robertson
Staff: Kevin Fuhrer, Christy O'Flaherty, Rhonda Berry, Derek Speck, Trish Kinlow, Viki Jessop,
Mary Miotke, Shelley Kerslake and Melissa Hart
Guests: Chuck Parrish, Jim Fiegal and Danijel Katicin
CALL TO ORDER: Committee Chair Haggerton called the meeting to order at 5:09 p.m.
L PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. South King County Seattle Municipal Courts Language Assistance Plan
Staff reported of the $2 million dollar grant the state has set -aside for this program and that Tukwila
has spearheaded the grant application. Councilmember Hernandez complimented Trish Kinlow on the
efforts of this grant application and the very enlightening information that was provided in the agenda
packet. There was also discussion about the new electronic forms and how that would impact our
costs, as well as a possible need for special equipment. Ms. Kinlow stated she is working with the
City of Kent Municipal Court Administrator on a simple form that would be on a laptop located in the
court for patrons to use. The Committee complimented Ms. Kinlow on the very informative nature of
the presentation and wished her luck in the grant process. INFORMATION ONLY.
B. Interlocal Agreement for Jail Study
Rhonda Berry provided a brief background on this subject to the guests, and the new information that
the City of Auburn is considering joining the Interlocal agreement with Des Moines, Federal Way,
Renton and Tukwila. The Committee asked if that would lower Tukwila's funding amount for the
study, Ms. Berry stated she needed more time to discuss the study with the City of Auburn, and they
did not want to hold up the signing of the agreement. Once a decision has been made, an amendment
should be provided to the agreement adding the City of Auburn to Section 3 and Tukwila's share of
the total cost of the feasibility study should be less. Due to the length of the October 22 Council
meeting it was requested this item be added to an agenda in the near future to accommodate the
November 26 deadline. UNA NT MOUS APPROVAL. FORWARD TO FUTURE COW.
C. 2008 Property Tax Lew Ordinance
Kevin Fuhrer provided background information and the calculations used to determine the 2008
property tax levy. The proposed levy amount is $11,400,000 and results in an anticipated levy rate of
$2.60 per $1,000 of valuation. Furthermore he reported that King County requires that the City
submit its levy request no later than November 30, 2007. A public hearing will be scheduled for
November 19, 2007. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 22 COW.
COUNCIL AGENDA SYNOPSIS
o y Initials Il LM No.
Q i P 1 �lleetinm Date J Prepared by 1 Mayor's review Council review
cn:. y`. I 10/08/07 I SK I I 1
10/22/07 I SK I �L u'-- I 1 L.7.
1908 I I I 1 fl
1 1 1 1
ITEM INFORMATION
CAS NUMBER: 07-120 I ORIGINAL AGENDA DATE: OCTOBER 8, 2007
AGENDA ITEM TITLE Authorization for the Mayor to negotiate a Road Only Agreement with La Pianta LLC.
CATEGORY Discussion Motion E Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/8/07 Mtg Date Mtg Date 10/22/07 W g Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire LJ Legal Pea Police PW
SPONSOR'S This resolution authorizes the Mayor to negotiate an agreement with La Pianta, LLC for the
SI:MAL- \RY extension of Southcenter Parkway.
REVIlWED BY I I COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
n Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIS:
RECOMMENDATIONS:
SPONSOR /ADMLN.
COI\M4ITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Corrunents:
1 MTG. DATE I RECORD OF COUNCIL ACTION
10/08/07 Forward to 10/22/07 Committee of the Whole Meeting
MTG. DATE I ATTACHMENTS
10/08/07 I Resolution in Final Form
10/22/07 Resolution in Final Form
Letter from Shelley Kerslake dated 03/16/07
1 Development Agreement
J: o !i 19,1 d, h; S
19 p8
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AN
AGREEMENT FOR CONSTRUCTION OF SOUTHCENTER PARKWAY
WITH LA PIANTA, LLC.
WHEREAS, the City of Tukwila and La Pianta, LLC ("La Pianta have been negotiating a
development agreement for the construction of Southcenter Parkway and the development of the
La Pianta property for approximately four years; and
WHEREAS, both parties have put substantial effort into the negotiation process and have
made good faith efforts to come to an agreement; and
WHEREAS, the City of Tukwila has received over eighteen million dollars
($18,000,000.00) in grant money from both state and federal sources; and
WHEREAS, on August 13, 2007, La Pianta informed the City Council that the parties
were at an impasse; and
WHEREAS, on August 27, 2007, the Mayor agreed that the negotiations had reached an
impasse; and
WHEREAS, on August 13, 2007, La Pianta requested that the City Council review the
July 6, 2007 La Pianta proposed development agreement (the "La Pianta Agreement and place it
on the City Council agenda for a vote on August 27, 2007; and
WHEREAS, the Council President chose not to place the La Pianta Agreement on the
agenda for consideration until such time as the City Administration considered an agreement to be
in the best interests of the City; and
WHEREAS, the City of Tukwila believes that the La Pianta Agreement is unacceptable and
presents a significant, long -term financial risk to the City; and
WHEREAS, on March 16, 2007, the City of Tukwila proposed to La Pianta that the parties
enter into an agreement to extend Southcenter Parkway (hereinafter referred to as the "Road Only
Agreement and
WHEREAS, this "road only" proposal would allow Southcenter Parkway to be extended,
thereby utilizing the grant funds in a timely manner and, at the same time, providing infrastructure
to support the La Pianta development; and
WHEREAS, on September 18, 2007, the City of Tukwila again extended an offer to enter
into a Road Only Agreement and asked for a response to that proposal by September 28, 2007; and
WHEREAS, La Pianta did not respond to that particular proposal; and
WHEREAS, La Pianta has indicated that it needs to know whether the La Pianta
Agreement will be accepted by the City or if the project is terminated;
-1
Macintosh HD:Users:stacia:Desktop:NS Alternate R Road Onty.doc
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby authorizes the Mayor to attempt to negotiate a Road
Only Agreement with La Pianta by November 13, 2007.
Section 2. If an agreement has not been reached between the Mayor and La Pianta
regarding the "road only" proposal and if the agreement has not been placed on the City Council
agenda by the City's Administration by November 13, 2007, the Mayor is authorized to terminate
all negotiations with La Pianta.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWIIA, WASHINGTON, at a regular
meeting thereof on this day of 2007.
Verna Griffin, Council President
ATTEST /AUTHENTICATED:
Jane Cantu, CMC, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution No.:
-2
Macintosh HD:Usecs:stacia:Deskiop:NS Alternate Resolutia1- Road On}/.doc
KENYON DISEND, PLLC
THE MUNICIPAL LAW FIRM
MICHAEL R. KENYON 11 FRONT STREET SOUTH LACEY L. MADCHE
BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH
SANDRA S. MEADOWCROFT WWW.KENYONDISEND.COM THOMAS J. GUILFOIL
(425) 392 -7090 (206) 628 -9059 RENEE G. WALLS
SHELLEY M. KERSLAKE FAX 392 -7071
CHRIS D. BACHA FAX 425) JOSEPH B. LEVAN
KARI L. SAND
HEIDI L. BROSIUS MONICA A. BUCK
KERRI A. JORGENSEN March 16, 2007 KATHRYN J. HARDY
Jenny Durkan
Attorney at Law
411 University Street, Suite 1200
Seattle, WA 98101 -2519
Re: Tukwila South Development Project
Dear Jenny:
Attached please find the final proposal offered by the City of Tukwila for the
development of the Tukwila South Property. Let me outline briefly what the City is offering in
this agreement:
The City has taken off the table voluntary mitigation payments for Police and Public
Works capital needs related to your project. This saves your client $2,473,730.00.
The City has committed to pay $740,000.00 annually for 20 years or in other words
$15,000,000.00 to fund a 10 million dollar bond for the construction of the Southcenter
Parkway extension.
The City has agreed with your client that this project should be treated like all others with
respect to RCW 82.02 impact fees; thus, the project will be assessed traffic impact fees'
at the time of building permit issuance and will similarly be assessed fire and park impact
fees, if adopted by the City, at the time of building permit issuance. All of these impact
fees will be whatever fee is in effect at the time the building permit is issued. As you
know, the City did not have a true traffic impact system at the time we began our
discussions; that has since changed. Given the length of time between our earlier
discussions in 2005 and now, as well as the incredible increases in construction costs, the
City can not commit to the system we discussed. However, in light of the various
contributions your client has committed to make, the City will agree to establish a trip
t To vest your client to the 2005 traffic impact fees, as you propose, represents only 7% of today's traffic impact
fees for this project and leaves the City with a multi million dollar shortfall for the road improvement projects
necessitated by your client's development. The City can not agree to this.
C:\ DOCUME- 1\kathyp \LOCALS- 11Temp\XPgrpwise'LTR to Durkan 3- 16- 07.doc/KIS/03/16/07
er-nllrili+ `ira er, T(`Tr111 riTTT:C CTTar 1 442
Jenny Durkan
March 16, 2007
Page 2
bank for the first 5166 net new PM peak -hour trips. This will require no upfront payment
as was previously agreed to by your client. In addition, the City will agree to reduce the
traffic impact fees by 50% for the first 5166 trips, as calculated at the time of building
permit issuance. This will require the City to pay $4,342,000.00, or more, to fund those
projects. The second 5000 trips will be paid for at the rate of 100% of the then current
impact fee when the building permits are issued.
The City will vest your client to the current shoreline regulations with the exception of
certain setbacks along the river. We had previously discussed allowing enough of an
easement to accommodate a 2:1 slope or in some cases a 2:5:1 slope. This has been
modified to discuss this concept in terms of feet needed for the easement. This should
reduce the amount of debate regarding how much property is needed for a certain slope
and also reduces the overall amount of property that will be required for the easement.
Moreover, the City has included some positive alternatives for development within this
setback area to accommodate your client's need for high- level, campus -style
development.
The City agrees to restore 178 Street Improvements to the CIP, if the City Council will
repeal the resolution declaring it a private project. However, no other commitments
related to 178 are included since the construction and funding of the project will be
development driven and financed. These issues will be determined in the future once the
City is able to evaluate the project's impact and economic significance to the City.
The City has assumed the responsibility for all O &M costs related to this project, with no
guarantee of project revenues from your client. This represents a $54,000,000.00
commitment from the City's general fund over the life of the agreement. This will be
offset by new revenue generated by the project; however, the amount of that revenue is
unknown until such time as development occurs.
We had previously discussed vesting your client to the current surface water management
regulations. The City is still willing to do this, with the exception of the requirements set
forth in the federally mandated NPDES Phase II permit that was issued to the City last
month. The City must comply with the conditions set forth in the permit; therefore
appropriate language reflecting this new development has been added to the Stormwater
Appendix.
In addition to the above concessions made in this round of negotiations the City is
making the following major contributions:
One million dollar contribution to the design of Southcenter Parkway.
C:\DOCUME- 1\kathyp \LOCALS- 1 \Temp\XPgrpwise\LTR to Durkan 3- 16- 07.doc/KIS /03/16/07
Jenny Durkan
March 16, 2007
Page 3
A change of position regarding the requirement of a financial guarantee for project
revenues to cover the city expenses related to this project.
A willingness to proceed with this project despite the lack of a 404 Permit from the
Army Corp of Engineers.
A willingness to phase this project and build the Southcenter Parkway Extension
without a guarantee of development.
The City believes that this is the best package it can propose that is fair and equitable to
both the pubic and private partner in this endeavor. Should your client not agree, the City is
still willing to enter into an agreement to build the road and address these subsequent issues
in an additional development agreement. Thus, attached you will find the City's last
proposal regarding the road -only agreement.
The City is committed to this project; however, the City must bring closure to these
negotiations that started in 2004. Please let us know as soon as possible, which alternative
best suits your client's interests. As you know, both proposed agreements are subject to City
Council approval.
I will unfortunately be tied up until next Thursday. So please contact Rhonda Berry with
your response.
Very truly yours,
KENYON DISEND, PLLC
Shelley M. Kerslake
Enclosure
cc: Mayor Mullet
Rhonda Barry
TVS Team
City Council (w /o enclosures)
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA
AND LA PIANTA, LLC, FOR THE
TUKWILA SOUTH DEVELOPMENT
PHASE I
I. PREAMBLE
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
2007, by and between the City of Tukwila, a noncharter, optional code
Washington municipal corporation, hereinafter the "City," and La Pianta, a liability partnership,
organized under the laws of the State of Washington, hereinafter the "Owner."
II. RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a
development agreement between a local government and a person having ownership or control
of real property within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, Owner owns or controls approximately 492.6 acres of real property known
as the "Tukwila South Property". The general boundaries are S. 178 st. S. 180 Street on the
north; S 204 on the south; Orillia Rd. and I -5 on the west; and the Green River on the east. The
site is shown on the vicinity map attached hereto as Exhibit 1 and as legally described in Exhibit
2, attached hereto. Approximately 259 of the 498 acres will be annexed to the City on or before
April 1, 2007.
WHEREAS, The Tukwila South property is located within an Urban Growth Area and is
appropriate for urban development pursuant to the Growth Management Act, and the City's
adopted Comprehensive Plan. The City will provide public services to the Tukwila South
property.
WHEREAS, a development agreement must be approved by ordinance after a public
hearing (RCW 36.70B.200); and
WHEREAS, a public hearing for this Development Agreement was held on
and the City council approved this Development Agreement by Ordinance on
NOW THEREFORE, in consideration of the mutual promises set forth herein, and the
long -term benefit to both the City of Tukwila and Owner, the parties hereby agree as follows:
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III. AGREEMENT
Section 1. The Project.
The master planned development to be sited on the Tukwila South property in accordance with
the terms and conditions of this Agreement is called the Tukwila South Project. To service this
project it has been determined that the current Southcenter Parkway will need to be extended.
This is call the road project for the purposes of this Agreement.
Section 2. The Subject Property. The Tukwila South Project is legally described in
Exhibit 2 attached hereto and incorporated herein by this reference.
Section 3. Definitions. As used in this Development Agreement, the following terms,
phrases and words shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development
Agreement, as required by RCW 36.70B.200.
b) "Council" means the duly elected legislative body governing the City of Tukwila.
c) "Director" means the City's Community Development Director or Director of
Planning and Building.
d) "Effective Date" means the effective date of the Adopting Ordinance.
e) "Existing Land Use Regulations" means the ordinances adopted by the City Council
of Tukwila in effect on the Effective Date, including the adopting ordinances that govern the
permitted uses of land, the density and intensity of use, and the design, improvement,
construction standards and specifications applicable to the development of the Subject Property,
including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and
development standards, the Design Manual, the Public Works Standards, SEPA, Concurrency
Ordinance, and all other ordinances, codes, rules and regulations of the City establishing
subdivision standards, park regulations, building standards. Existing Land Use Regulation does
not include non -land use regulations, which includes taxes and impact fees.
g) "Landowner" or is the party who has acquired any portion of the Subject Property
from the Owner who, unless otherwise released as provided in this Agreement, shall be subject
to the applicable provisions of this Agreement. The "Owner" is identified in Section 5 of this
Agreement.
h) "Road Project" means the design and construction of the Expansion of Southcenter
Parkway as specified in Exhibit 3.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
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a) Exhibit 1 Vicinity Map of Tukwila South Project
b) Exhibit 2 legal description of the Subject Property
c) Exhibit 3 Road Project Project description
d) Exhibit 4 Map of Road Project
e) Exhibit 5 Cost Estimate for Road Project
Section 5. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA.
b) The "Owner" is a private enterprise which owns the Subject Property in fee, and
whose principal office is located at
Section 6. Tukwila South Proiect is a Private Undertaking. It is agreed between the
parties that the Tukwila South Project is a private development and that the City has no interest
therein except as authorized in the exercise of its governmental functions.
Section 7. Effective Date and Term.
This Agreement shall commence upon the effective date of the Adopting Ordinance
approving this Agreement, and shall continue in force for a period of 5 years unless extended or
terminated as provided herein. Following the expiration of the term or extension thereof, or if
sooner terminated, this Agreement shall have no force and effect, subject however, to post
termination obligations of the Owner.
Section S. Basis of agreement
This Agreement establishes certain roles and responsibilities for the phased development
of the Tukwila South Project, including but not limited to City commitments for corresponding
potential funding and construction of certain public infrastructure improvements benefiting the
Tukwila South Project property as well as the community at large and Owner commitments to
participate in the funding of certain public improvements, to fund all private aspects of the
development and to develop the Tukwila South property consistent with applicable Land Use
Policies and Regulations.
It is understood that this development will occur in phases and this Agreement represents
certain infrastructure construction. It is anticipated that as development occurs additional
agreements may be entered into between the parties.
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Section 9. Infrastructure Reauired to Support Development
Infrastructure anticipated to be necessary to support development and the manner in
which each will be funded and constructed are discussed in Sections 9.1 -9.3. See Ex and
for a description of infrastructure components and corresponding anticipated costs.
9.1 Infrastructure improvements
The parties agree that the extension of Southcenter Parkway will be necessary to
support full development of the subject property. This extension will be constructed from S.
180 Street to S. 200 between the Tukwila City limits and Southcenter Parkway to provide for
additional access to the Tukwila Urban Center and Tukwila South. The City is also constructing
the necessary sewer, water, stormwater and other utility system improvements associated with
this roadway improvement project as documented in the 90% drawings for Southcenter Parkway
that have been completed by David Evans and Associates, except that the final road design will
not include bicycle lanes as specified in the 90% drawings.
9.2 Infrastructure Funding
A. City Funding Commitments.
City agrees to design and construct the Southcenter Parkway Extension and certain other
elements of public infrastructure specified below and described in Exhibit 3. The City further
agrees that it will expend $14,227,750.00 in grant money received for this road project'. The
City intends to utilize limited tax general obligation debt to finance 10 million dollars of the road
project. It is understood that an additional 4 million dollars may be received in the form of State
grant funds, 2 million in 2007 and 2 million in 2008. If this money is received, the City will
apply these sums to the Southcenter Parkway Extension project.
B. Owner Funding Commitments
Owner agrees to contribute 4 million dollars toward the project. In addition, all land
necessary for the road project including the associated stormwater detention ponds, as depicted
in Ex 4 will be donated by the Owner to the City at the time of execution of this agreement. If
the 4 million dollars, or any part thereof, in additional grant money expected from the State of
Washington, as referenced above, is not received by the City, the owner agrees to contribute that
additional amount, up to 4 million dollars, to the project.
C. Joint Funding Commitments
This agreement is premised on the assumption that the project costs will not exceed
$31,077,000.00, as outlined in Exhibit 5. In the event the bids received by the City exceed
The City has deducted $350,000.00 from the $14,577,750.00 in grant funds to help defray the 1.3 million dollars in
design work necessary for the road project. Therefore, the remaining $14,227,750.00 will be applied to the
construction of the road project.
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31,077,000, the City is under no obligation to construct the project. In the event of bids in excess
of the estimated amount„ the City will immediately notify Owner and Owner may choose, at its
sole discretion to provide financing for the project amount that exceeds $31,077,000.00.
Section 10 Temporary Closure of Southcenter Parkway
The City agrees to close the existing Southcenter Parkway during the construction phase of the
project, except for local traffic, and agrees that La Pianta can use the roadway for project
purposes provided that La Pianta maintains the roadway during that period of time.
Section 11. Further Discretionary Actions.
Owner acknowledges that the Existing Land Use Regulations contemplate the exercise of further
discretionary powers by the City. These powers include, but are not limited to, review of
additional permit applications under SEPA. Nothing in this Agreement shall be construed to
limit the authority or the obligation of the City to hold legally required public hearings, or to
limit the discretion of the City and any of its officers or officials in complying with or applying
Existing Land Use Regulations.
Section 12. Annexation
Upon execution of this agreement Owner agrees to submit a 60% petition for annexation to the
City of Tukwila. Failure of Owner to annex the Tukwila South Property not currently within the
City limits will terminate this agreement.
Section 13. Additional Development Agreements Necessary
The parties agree that other development agreements, in addition to and following this
Agreement may be necessary to guide development over time. The parties agree to meet and
confer as necessary to expedite the formation of those agreements.
IV. GENERAL PROVISIONS
Section 1. Assienment of Interests. Riehts. and Oblieations. This Agreement shall be
binding upon and inure to the benefit of the heirs, successors and assigns of La Pianta, and upon
the City. No Party may assign its rights under this Agreement without the written consent of the
other Party, which consent shall not unreasonably be withheld.
Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and
the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if
fully set forth herein.
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Section 3. Severability. The provisions of this Agreement are separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of
the remainder of this Agreement, or the validity of its application to other persons or
circumstances.
Section 4. Termination. This Agreement shall expire and/or terminate as provided
below:
A. This Agreement shall expire and be of no further force and effect if the development
contemplated in this Agreement is not substantially underway by September 2008. Nothing in
this Agreement shall extend the expiration date of any permit or approval issued by the City for
any development.
A.
B. This Agreement shall terminate upon the expiration of the term identified in Sectio
or when the road project has been completed, which ever first occurs, and all of the Owner's
obligations in connection therewith are satisfied as determined by the City. Upon termination of
this Agreement, the City shall record a notice of such termination in a form satisfactory to the
City Attorney that the Agreement has been terminated.
C. This Agreement may also terminate pursuant to Section 3 Severability, Section 10
Default, or Section 12 Annexation.
Section 5. Effect upon Termination on Owner Obligations. Termination of this
Agreement as to the Owner of the Subject Property or any portion thereof shall not affect any of
the Owner's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property.
Section 6. Effects upon Termination on City. Upon any termination of this
Agreement, prior to commencement of the Road Project, by the Owner the City shall promptly
return grant funding to the granting entities.
Section 7. Specific Performance. The parties agree that damages are not an adequate
remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any party in default hereof.
Section 8. Governing Law and Venue. This Agreement shall be construed and
enforced in accordance with the laws of the State of Washington. Venue for any action shall lie
in King County Superior Court.
Section 9. Attorneys' Fees.
In the event of any litigation or dispute resolution process between the Parties regarding an
alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees.
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Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution.
A. In the event a Party, acting in good faith, believes the other Party has violated the terms of
this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the
alleged violation by sending a detailed written statement of the alleged breach. The alleged
offending Party shall have thirty (30) days from receipt of written notice in which to cure the
alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any
dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the
Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out
of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the
latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution
process.
B. After notice and expiration of the thirty (30) day period, if such default has not been cured or
is not being diligently cured in the manner set forth in the notice, the other party or Landowner to
this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In
addition, the City may decide to file an action to enforce the City's Codes, and to obtain
penalties and costs as provided in the Tukwila Municipal Code for violations of this
Development Agreement and the Code.
Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the
Parties hereto only and is not intended to benefit any other person or entity, and no person or
entity not a signatory to this Agreement shall have any third -party beneficiary or other rights
whatsoever under this Agreement. No other person or entity not a Party to this Agreement may
enforce the terms and provisions of this Agreement.
Section 12. Integration. This Agreement and its exhibits represent the entire agreement
of the parties with respect to the subject matter hereof. There are not other agreements, oral or
written, except as expressly set forth herein.
Section 13. Authority. The Parties each represent and warrant that they have full power
and actual authority to enter into this Agreement and to carry out all actions required of them by
this Agreement. All persons are executing this Agreement in their representative capacities and
represent and warrant that they have full power and authority to bind their respective
organizations.
Section 14. Covenants Running with the Land. The conditions and covenants set
forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the
benefits and burdens shall bind and inure to the benefit of the parties. The Owner, Landowner
and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion
thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be
the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such
portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee
shall observe and fully perform all of the duties and obligations of an Owner contained in this
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Agreement, as such duties and obligations pertain to the portion of the Subject Property sold,
assigned or transferred to it.
Section 15. Amendment to Agreement; Effect of Agreement on Future Actions.
This Agreement may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established by law for the adoption of a development
agreement (see, RCW 36.70B.200).
Section 16. Releases. Owner, and any subsequent Landowner, may free itself from
further obligations relating to the sold, assigned, or transferred property, provided that the buyer,
assignee or transferee expressly assumes the obligations under this Agreement as provided
herein.
Section 17. Notices. Notices, demands, correspondence to the City and Owner shall be
sufficiently given if dispatched by pre -paid first -class mail to the addresses of the parties as
designated in Section 5. Notice to the City shall be to the attention of both the City
Administrator and the City Attorney. Notices to subsequent Landowners shall be required to be
given by the City only for those Landowners who have given the City written notice of their
address for such notice. The parties hereto may, from time to time, advise the other of new
addresses for such notices, demands or correspondence.
Section 18. Police Power. Nothing in this Agreement shall be construed to diminish,
restrict or limit the police powers of the City granted by the Washington State Constitution or by
general law.
Section 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a party to challenge this Agreement
or any provision herein, the City may elect to tender the defense of such lawsuit or individual
claims in the lawsuit to Owner and/or Landowner(s). In such event, Owner and/or such
Landowners shall hold the City harmless from and defend the City from all costs and expenses
incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not
limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing
party or parties in such litigation. The Developer and/or Landowner shall not settle any lawsuit
without the consent of the City. The City shall act in good faith and shall not unreasonably
withhold consent to settle.
Section 21. No Presumption Against Drafter. This Agreement has been reviewed and
revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be
construed against the party drafting the document shall apply to the interpretation or enforcement
of this Agreement.
Section 22. Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
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Section 23. Recording. Owner shall record an executed copy of this Agreement with
the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after
the Effective Date.
Section 24. Legal Representation. In entering into this Agreement, Owner represents
that it has been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and knows
the contents thereof, and signs the same of its own free act; and that it fully understands and
voluntarily accepts the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement
to be executed as of the dates set forth below:
OWNER/DEVELOPER: CITY OF TUKWILA
By By
Its Its Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
STATE OF WASHINGTON
ss.
COUNTY OF
On this day of 2006, before me
personally appeared to me known to be the individual that
executed the within and foregoing instrument, and acknowledged the said instrument to be
his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath
stated that he /she is authorized to execute said instrument.
Print name:
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NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
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STATE OF WASHINGTON
ss.
COUNTY OF
On this day of 2006, before me
personally appeared and said person acknowledged that he /she
signed this instrument, on oath stated that he /she was authorized to execute the instrument, and
acknowledged as the of the City of Tukwila to be the free and
voluntary act of said party for the uses and purposes mentioned in this instrument.
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
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COUNCIL AGENDA SYNOPSIS
y ITEM No.
Meetin Date Pr ared by 112 or'.r review Council revie
y v ‘10_,,.„'.0 I 10/22/07 1 KAM I --e I t/
r1
'Mg
ITEM INFORMATION
t S' r
CAS NUMBER: 07-028 I ORIGINAL, AGENDA DATE: 10/22/07
AGENDA ITEM TITLE Councilmember initiatives for Mayor's 2008 Proposed Budget and CIP.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/22/07 lifts Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adr Svcs DCD Finance Fire Legal P &R Police PW
SPONSOR'S Opportunity for Councilmembers to provide and discuss any program or financial
SUMMARY initiatives that they recommend for consideration and incorporation into the Mayor's 2008
Proposed Budget and CIP.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Council President
COM'VII I" I'BE
COST IMPACT 1 FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Conznzents:
MTG. DATE RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
10/22/07 Informational Memo dated 10/17/07
4 ,,t4 t, A 1,;;
o: ti
i City of Tukwila
f J •1 t f
?to) City Council
1908
MEMORANDUM
TO: Tukwila City Council
FROM: Kimberly Matej, Council Legislative Analyst (/,i
CC: Mayor Mullet
Rhonda Berry, City Administrator
Kevin Fuhrer, Finance Director
DATE: October 17, 2007
SUBJECT: Councilmember Initiatives for the Mayor's 2008 Proposed Budget and CIP
At the Monday, October 22, 2007, COW Councilmembers will have the opportunity provide
and discuss any program or financial initiatives that you would like to recommend for
consideration and incorporation into the Mayor's 2008 Proposed Budget and CIP.
If you would like to provide information to your fellow Councilmembers regarding your
suggestions prior to Monday's meeting please provide an informational memo to me under
separate cover by 3:00 p.m. on Friday, October 19, 2007. I will then distribute your submitted
information to the Council by 5:00 p.m. on Friday so that each person has the opportunity to
review your initiative(s) prior to meeting. You are also welcome to forgo submission of your
suggestions prior to the meeting and simply bring your initiatives up for discussion at the
meeting.
Please feel free to call me if you require additional information.
1 y City of Tukwila
wit) \47 o
Z111; City Council
90Bc MEMORANDUM
TO: Tukwila City Council
FROM: Kimberly Matej, Council Legislative Analyst;
CC: Mayor Mullet; Rhonda Berry, City Administrator; and Kevin Fuhrer, Finance Director
DATE: October 17, 2007
SUBJECT: Review of the Mayor's 2008 Proposed Budget and CIP
Below you will find a list of budget and CIP pages expected to be reviewed at the October 22 COW.
This list reflects pages that have been reviewed at the October 16 Utilities Committee and those
pages anticipated to be reviewed at the October 22 Transportation Committee.
Please remember to bring your copy of the budget to all meetings.
Reviewed at Utilities Committee October 16, 2007
BUDGET CIP
PAGES PAGES
1 Public Works General 1 117 -136 1
Land Acquisitions Park Develop. 301 149 21 -30
1 Attachment F SWM 1 1 XIX -XX
Surface Water 412 1 168 -172 1 133 -155
Equipment Rental 501 1 173 -175 1
Capital Items Summary 1 179 -180
Anticipated review at Transportation Committee October 22, 2007
BUDGET CIP
PAGES PAGES
Public Works General 117 -136
Street Fund 103 138 -139 REVIEWED at COW 10/8/07
Bridges 140 -142 REVIEWED at COW 10/8/07
Arterial Street 104 140 -142 REVIEWED at COW 10/8/07
1 Attachment A* VII -IX
1 Attachment B* X
*Attachment A and B will be reviewed by full Council after it is reviewed in each appropriate committee.