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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 3''' 1�`s 2 1 10/22/07 EB 3I lift n z 1 I 1 LA. 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. C:\ Documents and Settings WlUsers1D.Ac iop \KellyIMSDATA\ResolutionsiGlobal Wannin_gdo,: BM:ksn 10/18/2007 Page 1 of 2 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: C:\Documents and SettingsWI Users Des1aop \Aelly1NISDATA\Resolutions \Global Warming.doo BM:lsn 10118/2007 Page 2 of 2 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: The U.S. Conference of Mayors Climate Protection Center By Mail: By Fax (202) 429 -0422 1620 I Street, NW Washington, DC 20006 By e -mail: brosenberg a,usmavors.org 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 $75,000. RL:sb attachments: Selection Results Consultant Agreement (P.Proj%t A- DR Proj cts \93DRIO'Jnfo Marro Srormwatr Isfpnr Plan) NNN in 0 in co 0 Z 4/ 0 0 m li CO r n r- w 0 2 0 CY szt U 6 Z k co In t N 0 �y 0 CO i n N 0 0 >e N N �k u ƒ Z 0 ƒ f f t 0 o/ 3 %m\ f O cm t U) 1.- t //E 9 ƒ c ee ma ®7\ \af y a2 +c uj »7 S 9 2 0 ƒ/} \k\ /E SS X C L f 2$ 7 e m¥/ uz� a 37 3$ f E -a G 4° \S 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 4 =iNl 'hhlol °I^ 1= 318 1 8 ,,A i i I »�_wl j I w�w I j I I.9 I� 4 w 1 I; �l�l l�I h -..,z ,7 1. l, I 1 l 1 1 1.. 1 1 1 1 1 1 010 01024 1 6 0 a g w" a =j Ni` i j x< w w, i Iwlw� ��I� I pl j ;aI i 8121 w 0§ K15:N pIK =I 8 el 1 §1 I 8 181§121 1 '1 �I 1 v w l i i i w 1 i i w l w 1 wl a1 I I 1 "I i I mo .n_o =�_.o.0000 a.n I r1 r t 1 1 I f o 1 1 01 w 11 1 111 71 1_I 01 0 0 l k w w »!OI»! 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E 0,,g0-.....0-00.n.......!. m rr1 I 1 1 1 1 1 1 r1 r1_ J_r 11 rrl 1 1 1 1 1 1 I 1 1 1 1 glgo=�o�oss8aolo�soo 88 E V w w w w w» w w w w w w w w w w 15 w w w w i i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,C v m EJ I r[I im_1 11 i rrrrr r r1 I I 1 1 1 1_I_r1 I, 1_ 1 1 o 0 oG o g o o c o o r '�(NIN El ...-.:u w w w w w w w w w w w w 21 H l w w w w w w g 000oo: o o o oo: vl•+o a o 01 C1-1 Urii c LI_LI n 1 1 1 1 1 1_0 11111 1 11 1 1 1 1 1 .ol= t gI z J1G ?.L) F` °IG1r z °0 c nh 0 1 I 4. gg y I t-i 1 diis lT v o ,�y` co-l;1 1 w yf �g ,`niMig u 3 J JO vj lal a E°. 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 Z 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 el 11/19/07 1 KAF 1 1 1 1 s, 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) C:\DOCIJME- 1\kathyp \LOCALS— I \Temp\XPgrpwise\LTR to Durkan 3- 16- 07.doc/KIS /03/16/07 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: 1 C:\DOCUME -1\ CITY- A-- 1\LOCALS-- 1 \Temp\XPGrpwise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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: 2 C:\DOCUME -1\ CITY -A -1 \LOCALS -1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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. 3 C: \DOCUME -4 \CITY- A- 1\LOCALS -1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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. 4 C:\DOCUME --1 \CITY- A- 1\LOCAIS -1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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. 5 C:\DOCUME -11 CITY- A- 1\LOCALS- 1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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. 6 CADOCUME --1\ CITY -A —I \LOCALS— I \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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 7 C:\DOCUME —l\ CITY -A--1 \LOCALS- 1 \TemplXPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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. 8 C:\DOCUME --1 \CITY -A -1 \LOCALS-- 1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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: 9 C:\DOCUME —I\ CITY -A--1 \LOCALS- 1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 10 C:\DOCUME -1 \CITY -A -1 \LOCALS- 1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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: 11 C:\DOCUME —I\ CITY -A -1 \LOCALS--- 1 \Temp\XPGrpWise \TVS DEVELOPMENT AGREEMENT Feb. 28, 2007.doc 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.