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Reg 2014-11-03 COMPLETE AGENDA PACKET
;r;'w►�A Tukwila City Council Agenda oip ', PPA11111114111 .REGULAR MEETING •• • Jim Haggerton, 4,90 . David Mayor Counci /members: + Joe Duffie + Dennis Robertson Cline, CityAdministrator + Allan Ekberg + Verna Seal Quinn, Council President + Kathy Hougardy + Kate Kruller De'Sean Monday, November 3, 2014; 7:00 PM • Ord #2454 • Res #1845 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS a. Duwamish Habitat Restoration: Opportunities for Chinook Recovery. E/issa Ostergaard, Planning and Stewardship Coordinator for WRIA9. b. Update on Community Schools Collaboration. Derek Birnie, Interim Executive Director. 3. APPOINTMENTS Human Services Advisory Board: Pg.1 • Confirm the appointment of Liliya Stefoglo to Position #2 on the Human Services Advisory Board, with a term expiring 4/30/16. • Confirm the appointment of Borka Paponjak to Position #5 on the Human Services Advisory Board, with a term expiring 4/30/17. 4. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 10/20/14 (Regu /arMtg.) b. Approval of Vouchers. c. Authorize the Mayor to sign a contract with King County for Community Development Block Grant (CDBG) funds for the 2014 Minor Home Repair Program. (Reviewed and forwarded to Consent by Community Affairs and Parks Committee on 10/28/14.) Pg.15 6. UNFINISHED BUSINESS a. An ordinance amending various ordinances codified at Tukwila Municipal Code Section 16.04.250, "Procedures applicable to all construction permits," to create a flat fee for plan review and permit for simple residential projects. (for projects not exceeding $20,000.00). b. A resolution adopting a consolidated permit fee schedule and repealing Resolution No. 1803. Pg.55 Pg.61 7. NEW BUSINESS A resolution of intent to consider a "residential targeted area" for the purpose of establishing a multi - family property tax exemption and setting a time for a public hearing. Pg.73 8. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report d. City Attorney e. Intergovernmental Pg.87 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. 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 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma or's review Council review 11/03/14 CT Motion Date 11/03/14 • Resolution Ordinance Nits Date D Bid _Award Mtg Date • Public Hearing 11] Other Mtg Date Mtg Mtg Date Altg Date SPONSOR EIJ Council 1,1 Mayor 0 HR r] DCD J Finance J Fire • IT ill P&R J Police 0 P W7 SPONSOR'S Appointment of Liliya Stefoglo and Borka Paponjak to the Human Services Advisory Board SUMMARY REVIEWED BY []cow Mtg. 0 CA&P Cmte El Utilities Cmte El Arts Comm. DATE: N/A 0 F&S Cmte Comm. CHAIR: N/A ITEM INFORMATION ITEM No. 3 STAFF SPONSOR: MAYOR HAGGERTON ORIGINAL AGENDA DATE: 11/3/14 AGENDA ITEM — Tim Appointments to the Human Services Advisory Board CATEGORY fl Discussion Mtg Date Motion Date 11/03/14 • Resolution Ordinance Nits Date D Bid _Award Mtg Date • Public Hearing 11] Other Mtg Date Mtg Mtg Date Altg Date SPONSOR EIJ Council 1,1 Mayor 0 HR r] DCD J Finance J Fire • IT ill P&R J Police 0 P W7 SPONSOR'S Appointment of Liliya Stefoglo and Borka Paponjak to the Human Services Advisory Board SUMMARY REVIEWED BY []cow Mtg. 0 CA&P Cmte El Utilities Cmte El Arts Comm. DATE: N/A 0 F&S Cmte Comm. CHAIR: N/A • Transportation Cmte • Parks • Planning Comm. COMMITTEE RECOMMENDATIONS: SPoNsoR/ADmIN. CommirmE Confi rm Appointments N/A COST IMPACT / FUND SOURCE EXPENDITURI; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/03/14 MTG. DATE ATTACHMENTS 11/03/14 Informational Memorandum dated October 20, 2014 2 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: CITY COUNCIL FROM: MAYOR HAGGERTON DATE: OCTOBER 20, 2014 SUBJECT: NEW APPOINTMENTS TO THE HUMAN SERVICES ADVISORY BOARD ISSUE There are several vacancies on the Human Services Advisory Board. Position #2 Position #5 I am pleased to forward you the application of Liliya Stefoglo. Ms. Stefoglo has a Masters of Arts in Linguistics and Education and is the new English Language Learner staff person at the Tukwila School District. I am recommending that she be appointed to position #2. Her term will expire on April 30, 2016. I am pleased to forward you the application of Borka Paponjak. Ms. Paponjak is a Tukwila resident who for many year worked in the SeaTac office of the International Rescue Committee (IRC). IRC works closely with our Human Services Division and the Tukwila School District. I am recommending that she be appointed to position #5. Her term will expire on April 30, 2017. If you have any questions regarding these applications or appointments, please let me know by noon on Tuesday, October 28, 2014. RECOMMENDATION I am recommending the new appointments as listed above at the November 3, 2014 Council Meeting. 3 4 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application for Appointment BOARDS AND COMMISSIONS RECEIVED Email: BoardsComms@tukwilawa.qov Website: www,tukwilawa.dov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. NAME: 9&e$ooLo Last ADDRESS: 3011 e I Street 6/ DATE: . - 'Rost MI, e eAlcd q tOoj z 0J-3 City Zip MAILING ADDRESS (if different): HOME PHONE: CELL/MOBILE PHONE: / EMPLOYER: 73E) E-MAIL: e.c1 to 4,3-) , w-editz„) eti Please check all that apply to you within the City of Tukwila limits: 0 Resident 0 Business Owner/Representative School District Representative El High School Student I wish to be considered for appointment to the following board or commission (check all that apply): COMMISSIONS: O Arts O Civil Service .1. Equity & Diversity LI Parks LIJ Planning BOARDS & COMMITTEES: LIIJ Community Police Advisory O Human Services O Library O Sister Cities 0 Lodging Tax 0 Pool Advisory (TMPD) 0 Other/Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? 0 Yes If "yes", please list: AVAILABLE TO ATTEND MEETINGS: Daytime XEvenings G04-r-Lt,, Please contact me regarding other City of -ukwila v lunteer opportunities (check box): FOR CITY USE ONLY: INTERVIEW DATE: APPOINTED: 0 Yes 0 No TERM EXPIRES: 5 Professional/Community Activities (organizations, clubs, service groups, etc): Hobbies/Interests: Qualifications as related to this position: Other comments/additional information for consideration: /- wet > a s -1L0 ref re ak_r .51-14.4,e,01-5 (4 1 1.1-0 51:)4 5 _8 1 6.‘:. (i n fli-d a-5 ri-de rs 11--etd-ud (art al & ,t -ett) e_&w1___/-fll ) (A.)7 ( 7 , Applicant's Signature CL „Lj r - t-1,4 ator SI-U-d‘-0/ 5 I kt-e , 2(// Date Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call the Volunteer Program Office at (206) 768-2822. City of Tukwila Volunteer Program - Application for Appointment Boards & Commissions 6 Page 2 Liliya Stefoglo 0�NN0���� ���U�� No 30401 25th Ave. SW Federal Way, WA 98023 Phone: 206-999-8591 Fax: 253-945-4343 E-mail: stefoglol@tukwila.wednet.edu Instructional Leader Dynamic instructional leader focused on teaching and learning Education Kishinev, Republic of Moldova Kishinev State University Master of Arts in Linguistics and Education University of Washington National Board Certification EMS/ENL Work Experience Director of ELL and Student Services ELL Curriculum and Instruction Specialist lssaquah School District Principal- Intern Endeavour Elementary School lssaquah School District September 1986-June 1991 March 2006-March 2007 September 2014-present August 2011-September 14 2012-2013 school year Pre-K/K Summer School Principal Issaquah School District Pre-K/K Summer School Principal Issaquah School District Federal Way School District Valhalla Elementary School ELL Teacher/Coach Federal Way School District SiIver Lake Elementary School Para-Educator Leadership Experience District June, 2012-August, 2012 June, 2013-August, 2013 September 2003-June 2011 October 1993-June 2003 m Prindpal Intern at Endeavour Elementary • Program Director Intern at TLS Department • Trained district AD Kindergarten Teachers • Developed a vision for ELL Program that aligns with District's vision � Developed an on-going plan for training ELL Support Staff � Conducted trainings for administrators and teachers • Facilitated book groups • Presented at different buildings • Coached classroom teachers • Worked collaboratively with principals to structure and align a comprehensive ELL Program in their buildings • Initiated and led ELL/Sped pre-referral process work • Created ELD Communication Form for instruction alignment • Facilitated Elementary Writing and Reading Materials Adoption Committee � Trained GLAD Building Leaders • Hired ELL EAs and Teachers • Collaborated with principals on ELL topics and issues � Wrote Title |U and State TBIP Grants based on a proposed plan � Served as a Principal of Pre K/Kindergarten Summer School � Facilitated ELL parent events � Modeled H[Ulessons 8 • Coordinated WELPA State testing • Reported data to OSPI • Worked with different vendors to purchase support resources � Worked with Issaquah Schools Foundation to support parent involvement � State WABE Board Member/Regional Rep • Sped/ELL Pre-Referra! Process SIG rnember � Presented at WERA Conference on instruction alignment Served on WELPA Standard Set ing Committee as a table group facilitator (Kindergarten level) currently currently Decernber 2012 May 2012 • Designed and conducted "lnclusion Model" presentation for May 2006 WORD Conference • Supervised a team of 5 teachers in a process of creating "Reading Around the World" binder with stories in 4 languages, a resource for teachers to use during reading summer 2005 10 City of Tukwila Tukwila City Hall 6200 Southcenter Blvd Tukwila, WA 98188 Phone: (206) 433-1800 Fax: (206) 433-1833 Application for Appointment BOARDS AND COMMISSIONS Email: BoardsCommstukwilawa.gov Website: www.tukwilawa.qov Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume totaling no more than three pages. NAME: mfioyi */.9x- Last /d //, ADDRESS: Street MAILING ADDRESS (if different): e HOME PHONE2'6 07e,e/t,' First DATE: cce e City M.I. 9,ACY Zip CELL/MOBILE PHONE: 02426" ecie3-cf3:2-?C) EMPLOYER: C E-MAIL: (-2/- 2, e e 27 Please check all that apply to you within the City of Tukwila limits: Di< Resident 1] Business Owner/Representative 0 School District Representative El High School Student I wish to be considered for appointment to the following board or commission (check all that apply). COMMISSIONS: BOARDS & COMMITTEES: I] Arts LI Community Police Advisory O Civil Service Human Services O Equity & Diversity LI Library El Parks L Sister Cities O Planning LI Lodging Tax LI Pool Advisory (TMPD) 0 Other/Special Committee: HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? El Yes No If "yes", please list: AVAILABLE TO ATTEND MEETINGS: Xt Daytime Evenings Please contact me regarding other City of Tukwila volunteer opportunities (check box): [1] FOR CITY USE ONLY: INTERVIEW DATE: APPOINTED: 0 Yes E] No TERM EXPIRES: Boards & Commissions Application for Appointment Page 1 11 Professional/Community Activities (organizations, clubs, service groups, etc): / A .4 ve /eocce-//- ///27(/', ,Z,sc-e( e e97 //,'/-"e" •q 7/ 111/2%,,r 1'7 L9Sg,:q g GW/7 e(r A-7/ r-e-ei4` cei-p."7-1 , a/dt/7/>7 Hobbies/Interests: Qualifications as related to this position: 7-?-S---ee 4Gra /-• =-7 A,- frfc Other comments/additional information for consideration: // ,c::;'; 4? 4-7 1,247 4/4( ••"7 ,le?"4/ Applica s Signature Date Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or more information regarding the boards or commissions, please call (206) 433-1800. Boards & Commissions Application for Appointment 12 Page 2 Borka Markovie Paponjak 3012 South 148th Street SeaTac, WA 98168 borkapaporijak©rescue.org EMPLOYMENT HISTORY International Rescue Committee, Seattle October 1997 - present Resettlement Program Manager (current position, following various increases in levels of responsibility). Duties include oversight and management of all aspects of Reception and Placement for newly-arriving refugees. Coordinate all site activities, arrivals, and workflow among team of casework staff. Review all case files for completeness and accuracy, ensuring compliance with all State Department requirements. Assist and support staff on particularly challenging or difficult cases. October 1997 — present • Immigration Service Provider/BIA-Accredited Representative. Prepare, submit and track immigration filings. Principal case types: Adjustments of Status, Naturalizations, Travel Documents, Following-to-Join Petitions, Employment Authorization Documents, and Affidavits of Support. Prepare: Forms G-325 (Biographic Information), 1-90 (Application for Replacement of Alien Registration Card), 1-130 (Petition for Alien Relative), 1-131 (Application for Travel Document), 1-134 and 1-864 (Affidavits of Support), 1-485 (Application for Adjustment of Status), 1-730 (Refugee/Asylee Relative Petition), 1-765 (Application for Employment Authorization), N-400 (Application for Citizenship), and other USCIS forms. Oversee and manage other staff members providing immigration services. 2002 — present. SPECIALIZED IMMIGRATION TRAINING INTERNATIONAL RESCUE COMMITTEE • Miami, FL: Annual conference, advanced track, Topics included overcoming 1-730 challenges, complex naturalization cases, and legal writing. January 30-February 1, 2012. • San Francisco, California: Annual conference. Topics included: Terrorism-Related Inadmissibility Grounds, refugee and asylee employment discrimination, 1-912 fee waiver applications; family reunification petitions, immigration legal research, and best practices. March 29-31, 2011. • Phoenix, Arizona: N-400, 1-485 and 1-130 application review; LawLogix online Immigration Solutions. April 7-11, 2008. In-house training conducted by IRC National Immigration program director. Topics included material support bar issues, resources for practitioners, practice tips and updates, and accreditation/maintenance of recognition. October 19-20, 2006. 13 CATHOLIC LEGAL IMMIGRATION NETWORK (CLINIC) • Web-based seminar (CUNY): Citizenship for People with Disabilities, April 12, 2007. • Seattle, Washington: Adjustment of Status for refugees and asylees and related issues, January 30, 2007. • Omaha and Lincoln, Nebraska: Annual conference for immigration service providers. Sessions covered various aspects of effective representation of refugees, asylees, and immigrants. Topics of special interest included preliminary case screening for inadmissibility or removal issues, such as the "material support" bar; post-admission and post-status issues for refugees and asylees; travel and employment authorization; derivative beneficiary processing; and ethical issues for practitioners. The session offered direct liaison with representatives from the Nebraska Service Center of USCIS, Office of Special Counsel, U.S. Department of State, and United Nations High Commission for Refugees. October 17-19, 2006 • Seattle, Washington: Family-based immigration training. Topics covered: Alien Relative Petition, Visa Processing Derivatives and Principals, 1-130, V and K Visas, Eligibility under 245 (a), (c), 1-485, Criminal Convictions, Consular Processing, HIV Waivers, Petition Revocation, National Visa Center Role. June 29-30, 2006. • Omaha and Lincoln, Nebraska: Annual conference for immigration service providers. Major topics: Asylum grant issues, travel and EAD, humanitarian parole, post- admission issues, naturalization, inadmissibility, removal proceedings, and termination of status. September 19-21, 2005. Webinars and online immigration trainings attended since September 2011 listed separately as addendum Resettlement: IRC-provided case management training every year; additional immigration- specific seminars and traininqs on regular basis EDUCATION • University of Sarajevo, Bosnia. Bachelor's Degree in English/English Literature; Certification as English instructor. OTHER RELEVANT INFORMATION • Experience with various computer software applications, including immigration form software (Immigrant Pro). • Diligent and effective advocate for clients. • Native fluency in Bosnian and Serbo-Croatian; working knowledge of Russian and French. Have provided numerous certified translations of vital statistics documents to USCIS. 14 COUNCIL AGENDA SYNOPSIS Initials MeefinsDate Prepared by M. ire review Council review 11/03/14 EB Motion Date .11/3/14 Lti El Ordinance Mfg Date E Bid _Award Mtg Dale El Public Hearin g Mtg Date El Other Mtg Date Mtg SPONSOR IIJ Council IT4 Mayor • 1-1R E DCD LJHnance LI Tire IT LI P&R E Police El P % SPONSoies Due to the size of the contract, Council must authorize Mayor's signature. The City of SUMMARY Tukwila received an award of $125,000 for the multi-jurisdictional Minor Home Repair program RINI] ;VVkl) BY [I] COW Mtg. Z CA&P Cmtc Li j F&S Ctritc E Transportation Cmtc Ell Utilities Cmte El Arts Comm. El Parks Comm. El Planning Comm. DATE: 10/28/14 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Human Services, Mayor's Office Unanimous Approval; Forward to consent agenda for regular meeting COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 5.C. 15 STAFF SPONSOR: EVIE BOYKAN ORIGINAL AGENDA DATE: 11/3/14 Ac;FNDA ITIN TiTi.J: Authorization to sign 2014 contract for Minor Home Repair CA"1.1(;()RY Discussion Mtg Dale r4 Motion Date .11/3/14 E Resolution Mtg Date El Ordinance Mfg Date E Bid _Award Mtg Dale El Public Hearin g Mtg Date El Other Mtg Date Mtg SPONSOR IIJ Council IT4 Mayor • 1-1R E DCD LJHnance LI Tire IT LI P&R E Police El P % SPONSoies Due to the size of the contract, Council must authorize Mayor's signature. The City of SUMMARY Tukwila received an award of $125,000 for the multi-jurisdictional Minor Home Repair program RINI] ;VVkl) BY [I] COW Mtg. Z CA&P Cmtc Li j F&S Ctritc E Transportation Cmtc Ell Utilities Cmte El Arts Comm. El Parks Comm. El Planning Comm. DATE: 10/28/14 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Human Services, Mayor's Office Unanimous Approval; Forward to consent agenda for regular meeting COST IMPACT / FUND SOURCE ExplADITuRr. REQUIRM AMOUNT BUDGETED APPROPRIATION REQUIRED $125,000 $125,000 $ Fund Source: HUD Comments: Cities pay first, Tukwila is reimbursed by King county MTG. DATE RECORD OF COUNCIL ACTION 11/3/14 MTG. DATE 1 ATTACHMENTS 11/03/14 Informational Memorandum dated 10/20/14 King County Contract and Exhibits Minutes from the Community Affairs and Parks Committee meeting of 10/28/14 15 16 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton, David Cline Community and Parks FROM: Evie Boykan, Human Services Manager DATE: October 20, 2014 SUBJECT: Authorization to sign Contract between Tukwila and King County for 2014 Minor Home Repair program ISSUE The City of Tukwila has been awarded a contract in the amount of $125,000 for the multi- jurisdictional Minor Home Repair program. The cities covered in this contract include Tukwila, SeaTac, Des Moines and Covington. Staff is requesting authorization for the Mayor to sign the contract between Tukwila and King County for the program. Due to delays between Housing and Urban Development (the federal fund source), and King County, this contract begins October 1, 2014 and ends September 30, 2015. BACKGROUND The Office of Human Services has been administering this program in-house since 2005. In 2012 our contractors served 17 unduplicated Tukwila households with 83 hours of labor. Tukwila's current budget for this program is $125,000 for the entire program with $28,875 for construction costs in Tukwila. Tukwila serves as the fiscal agent for the four cities. RECOMMENDATION Staff is requesting that the Community and Parks Committee consider placing the item on the Consent Agenda of the November 3rd regular meeting. ATTACHMENTS Contract and Exhibits from King County W:12014 Info Memos-Council\Minor Home Repair 2014contract.doc 17 18 Y Department of Community and Human Services Community Services Division Housing Community Development Section (206) 263-9105 TTY Relay: 711 KING COUNTY PUBLIC ENTITY SERVICES CONTRACT — 2014 Contractor City of Tukwila Project Title Tukwila Consortium Minor Home Repair Program (C14342) Contract Amount $ 125,000 Contract Period From: 10/01/2014 DUNS No. (if applicable) 010207504 To 09/30/2015 SAM No. (if applicable) 47Z60 THIS CONTRACT No. 5719835 is entered into by KING COUNTY (the "County"), and City of Tukwila (the "Contractor") whose address is 6200 Southcenter Blvd, Tukwila, WA 98188. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. EXHIBITS, The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance/Endorsements General Requirements Tukwila Consortium Minor Home Repair Program Attached hereto as Exhibit I Attached hereto as Exhibit II Attached hereto as Exhibit III II. DURATION OF CONTRACT This Contract shall commence on the 1st day of October 2014, and shall terminate on the 30th day of September 2015, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. III. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. IV. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the funds received from the County under this Contract in accordance with the budget, if included within an Exhibit. This form is available in alternate formats upon request for persons with disabilities. City of Tukwila Page 1 of 1 2014 Contract-5719835 19 B. The County shall reimburse the Contractor for satisfactory completion of the terms and conditions found in this Contract and its attached Exhibits. C. The current funding sources, funding levels, and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES FEDERAL Federal Catalogue No. 14.218 $125,000 10/01/2014 - 09/30/2015 TOTAL $125,000 10/01/2014 - 09/30/2015 D. The Contractor shall submit an invoice and all accompanying reports as specified in the attached Exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Contractor not more than 30 days after a complete and accurate invoice and all outstanding reports are received and approved. E. If the Contractor's final invoice and reports are not submitted by the day specified in the attached Exhibit(s), the County shall be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. F. The Contractor shall not invoice and charge the County for incurred costs which are also specifically paid for by another source of funds. V. EQUIPMENT PURCHASE MAINTENANCE, AND OWNERSHIP A. The Contractor agrees that equipment purchased with Contract funds at a cost of $5,000 per item or more and identified in an Exhibit as reimbursable is upon its purchase or receipt the property of the Contractor, County, and/or federal, and/or state government, as specified in the Exhibit. B. The Contractor shall be responsible for all such equipment, including the proper care and maintenance. C. The Contractor shall ensure that all such equipment shall be returned to the appropriate government Contractor, whether federal, state or county, upon written request of the County. D. The Contractor shall admit County staff to the Contractor's premises for the purpose of marking such property with appropriate government property tags. E. The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract identified funds. VI. CONTRACT AMENDMENTS Either party may request changes or an extension to this Contract. Proposed amendments which are mutually agreed upon shall be incorporated by written amendments to this Contract. No oral statement or other conduct by the County shall change or modify the Contract. The Contractor may be requested to provide services as part of King County's Transformation Plan. Should such work entail an increase in the number of people served or a change in service area, the County agrees to negotiate in good-faith an amendment to this Contract. City of Tukwila 20 Page 2 of 2 2014 Contract-5719835 VII. INTERNAL CONTROL, ACCOUNTING AND AUDITS Internal Control and Accounting The Contractor shall establish and maintain a system of accounting and internal controls that comply with applicable, generally accepted accounting principles and financial and governmental reporting standards as prescribed by the appropriate accounting standards board. Audits A. The Contractor shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within 30 days of receipt. B. If additional federal and/or state audit or review requirements are imposed on the County during the term of this Contract, the Contractor agrees this Contract may be amended to require that the Contractor comply with any such additional audit requirements. Even if this Contract is not amended, the Contractor agrees to comply with any such additional audit requirements. VIII. RECORDS, INSPECTIONS AND EVALUATIONS A. Retention of Records 1. The Contractor and its Subcontractors shall maintain books, records and documents of its performance under this contract in accordance with generally accepted account principles. The Contractor shall retain for six years after the date of final payment under the Contract all financial information, data and records for all work. 2. The Contractor shall inform the County in writing of the location, if different from the Contractor address listed on page one of this Contract, of the aforesaid books, records, documents and other evidence within ten working days of any such relocation. B. Evaluations and Inspections 1. The Contractor shall provide right of access to its facilities, including those of any Subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County shall give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. 2. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six years after termination hereof, unless a longer retention period is required by law. 3. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. C. Public Records Requests City of Tukwila Page 3 of 3 2014 Contract-5719835 21 1. This Contract shall be considered a public document and will be available for inspection and copying by the public in accordance with the Public Records Act, chapter 42.56 RCW (the "Act"). 2. If the Contractor considers any portion of any record provided to the County under this Contract, whether in electronic or hard copy form, to be protected under law, the Contractor shall clearly identify each such portion with words such as "CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET." If a request is made for disclosure of such portion, the County will determine whether the material should be made available under the Act. If the County determines that the material is subject to disclosure, the County will notify the Contractor of the request and allow the Contractor 10 business days to take whatever action it deems necessary to protect its interests. If the Contractor fails or neglects to take such action within said period, the County will release the portions of record(s) deemed by the County to be subject to disclosure. The County shall not be liable to the Contractor for inadvertently releasing records pursuant to a disclosure request not clearly identified by the Contractor as "CONFIDENTIAL," "PROPRIETARY" or "BUSINESS SECRET." IX. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. X. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply: A. The County shall notify the Contractor in writing of the nature of the breach; B. The Contractor shall respond in writing no later than ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than 30 days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; City of Tukwila Page 4 of 4 2014 Contract-5719835 22 C. The County shall notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The County shall have sole discretion in determining the sufficiency of the Contractor's corrective action plan; D. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XI. Termination Subsection A; E. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI. Termination Subsections A, B, C, and D. XI. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the termination date specified in Section II. Duration of Contract, by providing the Contractor 30 days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven days advance written notice in the event that: 1. The Contractor materially breaches any duty, obligation, or service required pursuant to this Contract; or 2. The duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County, pursuant to this Section XI. Termination Subsection A.1, the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall immediately return to the County any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. B. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in this Contract and its attached Exhibits, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. City of Tukwila If the Contract is terminated as provided in this Subsection: 1. The County shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and 2. The Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Page 5 of 5 2014 Contract-5719835 23 Funding or obligation under this Contract is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract shall terminate at the close of the current appropriation. C. This Contract may be terminated by the Contractor without cause, prior to the date specified by providing the County 90 days advance written notice of the termination. The Contractor shall provide the County 90 days advance written notice of its intent not to renew this Contract, in whole or in part. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. XII. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. B. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from: (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. C. The Contractor further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception that occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination sections. D. The Contractor shall protect, defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of City of Tukwila 24 Page 6 of 6 2014 Contract-5719835 damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, and/or agents, in its performance and/or non- performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. E. The County shall protect, defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. F. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. G. To the extent that a Contractor subcontractor fails to satisfy its obligation to defend and indemnify the County as detailed in Section XVII. Conflict of Interest Subsection B. of this Contract, the Contractor shall protect, defend, indemnify, and hold harmless the County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards or damages arising out of, or in any way resulting from, the negligent act or omissions of the Contractor's subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. H. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. I. The indemnification, protection, defense and hold harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XIV. INSURANCE REQUIREMENTS Upon execution of this Contract, the Contractor, at its own cost, shall have procured and will maintain for the duration of this Contract, insurance as specified in the Minimum Scope and Limits of Insurance. Failure by the Contractor, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Each insurance policy shall be written on an "occurrence" form; except that professional liability, errors and omissions, will be acceptable on a "claims made" form. City of Tukwila Page 7 of 7 2014 Contract-5719835 25 If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of completion of the work which is the subject of this Contract. By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. A. Minimum Scope and Limits of Insurance; The Contractor shall maintain limits no less than, 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. CG 00 01 current edition, including Products and Completed Operations covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liability, Errors and Omissions: $1,000,000Per Claim and in the Aggregate. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided by a licensed professional or those services that require professional standards of care 3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. In the event that services delivered pursuant to this Contract involve the transportation of clients by Contractor personnel in Contractor-owned vehicles or non-owned vehicles Risk Management will review and set the appropriate limits of coverage. Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. 4. Workers' Compensation: Statutory requirements of the State of residency, and Employers' Liability or "Stop Gap" coverage: $1,000,000 B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. C. Other Insurance Provisions and Requirements The insurance coverage(s) required in this Contract are to contain, or be endorsed to contain the following provisions: City of Tukwila 26 Page 8 of 8 2014 Contract-5719835 1. All Liability Policies except Workers Compensation and Professional Liability: a. The County, its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. Additional Insured Endorsement shall be included with the certificate of insurance, "CG 2010 11/85" or its equivalent is required. The County requires this Endorsement to complete the Contract. b. Such coverage shall be primary and non-contributory insurance as respects the County, its officers, officials, employees and agents. c. The Contractor's insurance coverage shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, until after forty-five (45) calendar days prior written notice, has been given to the County. D. Acceptability of Insurers Insurance coverage is to be placed with insurers with an AM Bests' rating of no less than A: VIII, or, if not rated with an AM Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and Omissions insurance coverage may be placed with insurers with an AM Bests' rating of B+:VII. Any exception must be approved by the County. If at any time any of the foregoing policies fail to meet minimum requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with the appropriate certificates and endorsements, for approval. E. Verification of Coverage City of Tukwila The Contractor shall furnish the County certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Contract. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. If the Agency/Contracting Party is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA) or any other self-insurance risk pool, a written acknowledgement/certification of current membership will be attached to the Agreement as Exhibit I and satisfies the insurance requirements specified above. Page 9 of 9 2014 Contract-5719835 27 F. Subcontractors The Contractor shall include all Subcontractors as insureds under its policies, or shall furnish separate certificates of insurance and policy endorsements for each Subcontractor. Insurance coverages provided by Subcontractors as evidence of compliance with the insurance requirements of this Contract not provided by the Contractor, shall be subject to all of the requirements stated herein. XV. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity, gender expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. B. Equal Employment Opportunity Efforts The Contractor will undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity, gender expression or age. The Contractors equal employment opportunity efforts shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.J, "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. Ref: KCC 12.16.020. C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) ordinance, and related administrative rules adopted by the County Executive, as a condition of a competitive award of a contract valued at $25,000 or more, the non-public Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses, and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach. When a competitively awarded contract is valued at $25,000 or more, the Contractor shall complete a Worksheet and Declaration form for County review and acceptance prior to Contract execution. The EB Compliance forms, Ordinance 14823 (which is codified at KCC Chapter 12.19), and related administrative rules are incorporated herein by reference. They are also available online at: http://www.kinpcountv.povioperations/procurement/Services/Equal Benefits.aspx D. Nondiscrimination in Subcontracting Practices, City of Tukwila 28 Page 10 of 10 2014 Contract-5719835 During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity, gender expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. E. Compliance with Laws and Regulations. The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. The Contractor shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. F. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities. City of Tukwila King County encourages the Contractor to utilize small businesses, including Small Contractors and Suppliers (SCS), as defined below, and minority-owned and women- owned business enterprises certified by the Washington state Office of Minority and Women's Business Enterprises (OMWBE) in County contracts. The County encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including SCS firms and minority-owned and women- owned business enterprises: 1. Inquire about King County's Contracting Opportunities Program. King County has established a Contracting Opportunities Program to maximize the participation of SCS in the award of King County contracts. The Program is open to all SCS firms certified by King County Business Development and Contract Compliance (BDCC). As determined by BDCC and identified in the solicitation documents issued by the County, the Program will apply to specific contracts. However, for those contracts not subject to the Program or for which the Contractor elected not to participate in the Program during the solicitation stage, the Contractor is still encouraged to inquire voluntarily about available firms. Program materials, including application forms and a directory of certified SCS firms, are available at the following Web-site address: http://www.kinqcountv.00v/bdcc. The term "Small Contractors and Suppliers" (SCS) means that a business and the person or persons who own and control it are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Program is set at fifty percent (50%) of the Federal Small Business Administration (SBA) small business size standards using the North American Industry Classification System and Owners' Personal Net Worth less than $750,000 dollars. Page 11 of 11 2014 Contract-5719835 29 2. Contact the OMWBE to obtain a list of certified minority-owned and women-owned business enterprises by visiting their website at http://wwvv.omwbe.wa.qov/ or by Toll Free telephone (866) 208-1064. 3. Use the services of available community organizations, consultant groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including SCS firms and minority- owned and women-owned business enterprises. G. Sanctions for Violations - Any violation of the mandatory requirements of the provisions of this section shall be a material breach of Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. H. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the Americans with Disabilities Act of 1990 as amended (ADA). Pursuant to Title II of the ADA, and Section 504, King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, services, and activities to County employees or members of the public under this Contract in the same manner as King county is obligated to under Title 11 of the ADA, and Section 504 and shall not deny participation of the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be a material breach of, and grounds for the immediate termination of, this Contract. The Contractor agrees to provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16; and The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities and services under their Contract or agreement with the County, the Contractor shall include the requirement that the Subcontractor provide to persons with disabilities access to programs, activities and services provided under the Contract or agreement, as required by the disability access laws as defined by KCC 12.16, that the Subcontractor shall not discriminate against persons with disabilities in providing the work under the Contract and that the Subcontractor shall provide that the County is a third party beneficiary to that required provision. XVI. SUBCONTRACTS AND ASSIGNMENT/SUBCONTRACTING A. The Contractor shall include the above Sections III. Future Support, IV. Compensation and Method of Payment, V. Equipment Purchase, Maintenance and Ownership, VII. Internal Control, Accounting and Audits, VIII Records, Inspections and Evaluations, XIII. Hold Harmless and Indemnification, XIV. Insurance Requirements, XVI. Subcontracts and Assignment/Subcontracting, paragraph B, XXV. Service Provided in Accordance with Law and Rule and Regulation, and XXVII. Political Activity Prohibited in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. City of Tukwila Page 12 of 12 2014 Contract-5719835 30 B. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." C. The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. This may be done by checking the Excluded Parties List System https://www.sam.qov, which lists all suspended and debarred entities. D. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent shall be sought in writing by the Contractor not less than 15 days prior to the date of any proposed assignment or subcontract. E. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. XVII. CONFLICT OF INTEREST A. The Contractor agrees to comply with applicable provisions of KCC Chapter 3.04. Failure to comply with such provisions shall be a material breach of this Contract, and may result in termination of this Contract pursuant to Section XI. Termination and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. Disclosure of Current and Former County Employees - To avoid any actual or potential conflict of interest or unethical conduct: 1. County employees or former County employees are prohibited from assisting with the preparation of proposals or contracting with, influencing, advocating, advising or consulting with a third party, including Contractor, while employed by the County or within one year after leaving County employment if he/she participated in determining the services contracted for herein or processes to be followed while a County employee. 2. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of work if awarded the Contract. Failure to identify current or former County employees involved in this Contract may result in termination of this Contract. 3. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. City of Tukwila Page 13 of 13 2014 Contract-5719835 31 XVIII. CONFIDENTIALITY The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. XIX. PERSONAL INFORMATION — NOTICE OF SECURITY BREACH A. If the Contractor maintains computerized or other forms of data that includes personal information owned by the County, the Contractor shall notify the County of any breach of the security of the data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person in accordance with RCW 42.56.590 (2). B. The Contractor shall provide all information requested by the County including the following in accordance with RCW 42.56.590, KCC 2.14.030, the King County Information Privacy Policy and any other applicable federal, state and local statute: 1. Circumstances associated with the breach; 2. Actions taken by the Contractor to respond to the breach; and 3. Steps the Contractor shall take to prevent a similar occurrence. This information shall be provided in a format requested by the County. C. The County may at its sole discretion, require the Contractor to contact the appropriate law enforcement Contractor and to provide the County a copy of the report of the investigation conducted by the law enforcement Contractor. The Contractor shall also provide the County with any information it has regarding the security breach. D. The Contractor shall conspicuously display King County's Privacy Notice and provide a printed copy upon request. E. The Contractor shall be responsible for notifying individuals whose personal information may have become available to unauthorized users through a security breach. The Contractor shall also be responsible for any cost associated with notifying the affected individuals. This notification must be in accordance with RCW 42.56.590 (7). F. If the Contractor demonstrates that the cost of providing notice would exceed $250,000, or that the potentially affected persons exceeds $500,000, or the Contractor does not have sufficient contact information, substitute notice shall consist of the following in accordance with RCW 42.56.590 (7), (c).: City of Tukwila 32 1. E-mail notice when the Contractor has an e-mail address for the subject persons; 2. Conspicuous posting of the notice on the Contractor's web site page, if the Contractor maintains one; and 3. Notification to major County-wide media. Page 14 of 14 2014 Contract-5719835 G. For the purpose of this section, "personal information" means the same as defined in RCW 42.56.590 1. An individual's first name or first initial and last name in combination with any one of the following data elements, when either the name or the data elements are not encrypted: social security number; driver's license number or Washington identification card number; or 2. Account number or credit or debit card number, in combination with any required security code; access code, or password that would permit access to an individual's financial account. XX. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 Code of Federal Regulations (CFR) Parts 160 and 164. A. Obligations and Activities of the Contractor City of Tukwila 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by this Contract, HIPAA and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions of HIPAA and HITECH that apply to business associates. 2. The Contractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that it creates, receives, maintains, or transmits on behalf of the County as required by 45 CFR, Part 164, Subpart C. The Contractor is directly responsible for compliance with the security provisions of HIPAA and HITECH to the same extent as the County. 3. Within two business days of the discovery of a breach as defined at 45 CFR § 164.402 the Contractor shall notify the County of any breach of unsecured protected health information. The notification shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by the Contractor to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; a description of the types of unsecured protected health information that were involved in the breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; a brief description of what the Contractor is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Contractor for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or postal address; and any other information required to be provided to the individual by the County pursuant to 45 CFR § 164.404, as amended. A breach shall be treated as discovered in accordance with the terms of Page 15 of 15 2014 Contract-5719835 33 45 CFR § 164.410. The information shall be updated promptly and provided to the County as requested by the County. 4. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of protected health information by the Contractor in violation of the requirements of this Contract or the law. 5. The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident to the County within two days of the Contractor knowledge of such event. 6. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 7. The Contractor agrees to make available protected health information in accordance with 45 CFR § 164.524. 8. The Contractor agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164.526. 9. The Contractor agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Contractor on behalf of King County, available to the Secretary of the U.S. Department of Health and Human Services, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with HIPAA, HITECH or this Contract. 10. The Contractor agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR §164.528. Should an individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164.528, Contractor agrees to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c) (1) and 45 CFR §164.528, of disclosures of protected health information that have been made by the Contractor acting on behalf of the County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County. 11. To the extent the Contractor is to carry out one or more of the covered entity's obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the requirements of Subpart E that apply to the County in the performance of such obligations. B. Permitted Uses and Disclosures by Business Associate City of Tukwila 34 The Contractor may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate HIPAA if done by King County or the minimum necessary policies and procedures of King County. Page 16 of 16 2014 Contract-5719835 C. Effect of Termination 1. Except as provided in paragraph C.2. of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from the County, or created or received by the Contractor on behalf of the County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning or destroying the protected health information is infeasible, the Contractor shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. D. Reimbursement for Costs Incurred Due to Breach Contractor shall reimburse the County, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred in responding to any audits or other investigation relating to or arising out of a breach of unsecured protected health information by the Contractor. XXI. EMERGENCY RESPONSE A. The Contractor shall prepare and submit within three months of the execution of the Contract the necessary plans, procedures and protocols to: 1. Respond to and recover from a natural disaster or major disruption to Contractor operations such as a work stoppage; and 2. Continue operations during a prolonged event such as a pandemic. B. If the Contractor has contracted with the Department of Community and Human Services within the last 36 months, the Contractor shall submit an emergency response plan within one month of the execution of the Contract. C. The Contractor shall conduct exercises or drills to test the effectiveness of its plans at least once a year and document the results of the exercise or drill. D. The Contractor shall prepare the plans in a format approved by the County. The explanation of the format will include the specific content of the Contractor's plans. The County will specify areas that must be addressed in the Contractor's plan. E. The County may waive the requirements in subsections A, B, C or D upon written request by the Contractor identifying compelling reasons why such requirements should not apply. XXII. NOTICES Unless otherwise specified in the Contract, all notices or documentation required or provided pursuant to this Contract shall be in writing and shall be deemed duly given when received at City of Tukwila Page 17 of 17 2014 Contract-5719835 35 the addresses first set forth below via U.S. mail, personal delivery or electronic mail with the notice or documentation attached in a portable document format (PDF). XXIII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Contractor shall use recycled paper for all printed and photocopied documents related to the submission of this solicitation and fulfillment of the Contract and shall, whenever practicable, use both sides of the paper. (Reference: KCC 18.20 & King County Executive Policy CON 7 -1 -2). XXIV. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor, and any subcontractor(s) agree to abide by the terms of the Revised Code of Washington, rules and regulations promulgated thereunder, and the Department of Social and Health Services (DSHS) and County Agreement on General Terms and Conditions between the DSHS and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this agreement have not been disbarred or suspended from federal contract participation. This may be done by checking the Excluded Parties List System https://www.sam.qov, which lists all suspended and debarred entities. In the event of a conflict between any of the language contained in any exhibit or any attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. This Contract shall be governed by and construed to the laws of the State of Washington. Any claim or suit between the parties arising out of this Contract may only be filed and prosecuted in King County Superior Court of U.S. District for the Western District of Washington, in Seattle. XXV. NO THIRD PARTY BENEFICIARIES Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVI. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XXVII. FORCE MAJEURE The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of this Contract. If any party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Contract, upon City of Tukwila 36 Page 18 of 18 2014 Contract - 5719835 giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the County shall be entitled to exercise any remedies otherwise provided for in this Contract, including termination for default. XXVIII. SEVERABILITY Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on the date above written. KING COUNTY CITY OF TUKWILA FOR King County Executive Signature Date Name (Please type or print) Date Approved by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY JULY 2013 City of Tukwila Page 19 of 19 2014 Contract-5719835 37 EXHIBIT 11 CITY OF TUKWILA GENERAL REQUIREMENTS The following additional requirements apply to each exhibit that is part of this Contract and funded with federal Community Development Block Grant (CDBG) Program funds. I. ADDITIONAL REQUIREMENTS—COMPENSATION AND METHOD OF PAYMENT A. Municipal Corporations or State Public Agencies If the Contractor is a municipal corporation or an agency of the State of Washington, costs for which the Contractor requests reimbursement shall comply with the policies, guidelines and requirements of 2 CFR Part 225 "Cost Principles For State, Local and Indian Tribal Governments" and the sections of 24 Code of Federal Regulations (CFR) Part 85 "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" identified at OMB Circular A-102 and 24 CFR § 570.502(a) Applicability of Uniform Administrative Requirements, unless otherwise provided in the Project/Program Exhibit(s). B. Not-for-profit Corporations If the Contractor is a not-for-profit corporation, costs for which the Contractor requests reimbursement shall comply with, unless otherwise provided in the Project/Program Exhibit(s), the policies, guidelines and requirements of 2 CFR 230, "Cost Principles for Non-Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, identified at 2 CFR Part 215 and 24 CFR 570.502 (b), Applicability of Uniform Administrative Requirements. C. Excess Federal Funds CDBG funds on hand shall not exceed $5,000 if retained beyond three days unless written approval is received from the County. Any reimbursement in excess of the amount required shall be promptly returned to the County. D. Program Income City of Tukwila 38 The Contractor shall report to the County the receipt and expenditure of all CDBG Program Income, as defined in 24 CFR § 570.500(a), that is generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. Program income shall be returned to the County unless the County specifies that it may be retained by the Contractor. If the County authorizes the Contractor to retain the Program Income to continue or benefit a project or projects, the Contractor shall comply with all provisions of the Contract in expending the funds. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section XI, Termination of the Community and Human Services and Public Entity Services Contracts. Page 1 of 1 2014 Contract 5719835 - Exh II II. ADDITIONAL REQUIREMENTS—MAINTENANCE OF RECORDS A. Federal Exceptions to Retention Requirements Exceptions to the six year retention period specified in Section VIII, Records, Inspections and Evaluations of the Community and Human Services and Public Entity Services Contracts are as follows: 1. Records that are the subject of audit findings, litigation, or claims shall be retained until such findings, litigation or claims have been resolved; and 2. The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer at the direction of the County. B. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 24 CFR § 85.20 and the OMB Circular A-87 for governmental agencies, 24 CFR § 84.21 and OMB Circular A-122 for Nonprofit Corporations. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. C. Employment Records If the Contractor is a municipal corporation or agency of the State of Washington, it agrees to maintain the following data for each of the Contractor's operating units funded in whole or in part with CDBG funds provided under this Contract. 1. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO-4 form, and 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. D. Records Regarding Remedy of Past Discrimination The Contractor shall maintain documentation of the affirmative action measures the Contractor has taken to overcome prior discrimination if a court or Housing and Urban Development (HUD) has found that the Contractor has previously discriminated against persons on the grounds of race, color, national origin or sex in administering a program or activity funded in whole or in part with CDBG funds pursuant to 24 CFR Part 121. E. Additional Records The Contractor shall maintain separate files for each program exhibit including: 1. Notice of Grant Award; 2. Motions, resolutions or minutes documenting Board or Council actions; 3 Correspondence regarding budget revision requests; City of Tukwila Page 2 of 2 2014 Contract 5719835 - Exh II 39 4. Copies of all invoices and reports submitted to the County; 5. Bills for payment; 6. Copies of approved invoices and warrants; and 7. Records documenting that costs reimbursed with funding provided under this Exhibit are allowable in accordance with the applicable OMB Circular. Such records include, but are not limited to the following. a. Personnel costs - payroll time sheets for actual salary and fringe benefit costs; time sheets shall signed by a supervisor and, if less than full time, annotated to document percent of time charged against this Exhibit. b. Staff travel - documentation of mileage charges for private auto. c. Copy machine use, postage, telephone use, and office supplies - when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 8. Documentation of the solicitation process used to select vendors and subcontractors along with original purchase orders and subcontracts. III. ADDITIONAL REQUIREMENTS—NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Additional Federal Nondiscrimination Requirements The Contractor shall comply with all applicable federal laws prohibiting discrimination, including the following: 1. Presidential Executive Order 11063 as amended and implementing regulations at 24 CFR Part 107; 2. Section 109 of the Housing and Community Development Act of 1974, as amended 42 United States Code (USC) 5301; 3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. B. Prohibited Discriminatory Actions City of Tukwila 40 The Contractor may not, under any program or activity to which this Contract applies, directly or through contractual or other arrangements, unlawfully discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Such discriminatory actions may include, but are not limited to, the following: 1. Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; Page 3 of 3 2014 Contract 5719835 - Exh II 2. Denying any person services due to limited English proficiency; Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity; 4. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity; 5. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity; 6. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; and 7. Denying any person any opportunity to participate in a program or activity as an employee. 8. Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities and failure to remove architectural and communication barriers that are structural in nature in existing facilities, where such removal can be accomplished without difficulty and expense. C. Employment Projections In all solicitations under this Contract, the Contractor shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this Section. IV. ADDITIONAL REQUIREMENTS—NONDISCRIMINATION IN SUBCONTRACTING PRACTICES In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 24 CFR § 85.36(e) as amended if the Contractor is a municipal corporation or an Agency of the State of Washington and 24 CFR § 84.44(b)(1)-(5) if the Contractor is a nonprofit corporation. In accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure Minority and Women Business Enterprise and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include the actions specified in XV F, Small Contractors and Suppliers and Women Business Enterprises Opportunities of the Community and Human Services Contract and Public Entity Services Contract. City of Tukwila Page 4 of 4 2014 Contract 5719835 - Exh II 41 V. ADDITIONAL REQUIREMENTS—SUBCONTRACTS AND PURCHASES A. A Contractor that receives federal funds under this Contract also shall include the following sections in every subcontract or purchase order for goods and services that are paid in whole or in part with funds provided under this Contract: Section I.. Compensation and Method of Payment, Subsections A. or B. and D. B. Debarred Contractors The Contractor certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor is under suspension, debarment, voluntary exclusion or determination of ineligibility from participation in federal assistance programs under Presidential Executive Order 12549 or 12689, "Debarment and Suspension". The Contractor further certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor has any proceeding pending to suspend, debar, exclude or determine them ineligible from participation in federal assistance programs under Presidential Executive Order 12549 or 12689. The Contractor shall not make any award at any time to any contractor that is debarred, suspended, or excluded from participation in federal assistance programs under Presidential Executive Order 12549, "Debarment and Suspension". The Contractor shall ensure that all subcontractors receiving any federal funds pursuant to this Contract have not been disbarred or suspended from federal contract participation. This may be done by checking the System for Award Management at https://www.sam.qov, which lists all suspended and debarred entities. C. Federal Procurement Requirements If the Contractor is a municipal corporation or an Agency of the State of Washington, it agrees to comply with procurement requirements specified in 24 CFR § 85.36(b) through (g). If the Contractor is a nonprofit corporation, it agrees to comply with procurement requirements specified in 24 CFR § 84.40 through 84.48, unless otherwise provided in the Project/Program Exhibit.. The regulations at 24 CFR § 85.36 (b) through (g) and 24 CFR § 84.40 through 84.48 require that all goods and services, irrespective of cost, be procured using a competitive process. D. Failure to Comply is Default Failure by the Contractor to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. VI. ADDITIONAL REQUIREMENTS—CONFLICT OF INTEREST A. No Conflict of Interest City of Tukwila 42 The Contractor agrees to abide by the provision of 24CFR § 84.42 and 570.611, if applicable, which include (but are not limited to) the following. 1. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds under this Contract; Page 5 of 5 2014 Contract 5719835 - Exh 11 2. No employee, director, officer or agent of the Contractor shall participate in the selection or in the award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. By way of example, such a conflict would arise if such a person, or his or her employer, immediate family member or partner has financial or other interest in the entity selected; and 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may have or obtain a financial interest in any contract, subcontract or agreement regarding a CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or and one year thereafter. For purposes of this paragraph, "covered person" includes any person who is an employee, agent, consultant, officer, or elected director of the Contractor or the County. B. Copyright If this contract results in any copyrightable material or inventions, the County reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. VII. ADDITIONAL REQUIREMENTS—POLITICAL ACTIVITY PROHIBITED A. Certification Regarding Lobbying The Contractor certifies, to the best of its knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 1. The Contractor shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction City of Tukwila Page 6 of 6 2014 Contract 5719835 - Exh II 43 imposed by 31 USC 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. VIII. ADDITIONAL REQUIREMENTS—EQUIPMENT PURCHASE, MAINTENANCE AND OWNERSHIP Disposition of Equipment If the Contractor ceases to use equipment purchased in whole or in part with CDBG funds for the purpose described in this Contract, or if the Contractor wishes to dispose of such equipment, the disposition shall be determined under the provisions of 24 CFR § 570.502(b)(3)(vi), if the Contractor is a nonprofit corporation and 24 CFR § 570.502(a) and 24 CFR § 85.32(e) if the Contractor is a municipal corporation or an agency of the State of Washington. The Contractor agrees that it will contact the County for instructions prior to disposing of, surplusing, encumbering or transferring ownership of any equipment purchased in whole or in part with federal funds. IX. SUPPLANTING A. Not-for-Profit Corporation If the Contractor is a nonprofit corporation providing public (human) services under this Contract with CDBG funds and the Contractor received non-federal funds from King County ("local funds") or any other source to provide the same services as those funded herein during the preceding calendar year, the Contractor must use the funds provided herein to pay for units of service this year that are over and above the level of service provided with local funds during the previous year. B. Municipal Corporation If the Contractor is a municipal corporation, any federal CDBG Funds made available under this Contract shall not be utilized by the Contractor to reduce or replace the local financial support currently being provided for the service funded under this Contract. X. DRUG FREE WORKPLACE CERTIFICATION AND OTHER REQUIREMENTS A. Drug-Free Workplace Certification The Contractor certifies that it is in compliance with the Drug-Free Workplace Act of 1988 (42 USC 701) and regulations set forth at 24 § part 24, subpart F. B. Other Federal Requirements City of Tukwila 44 The absence of mention in this Contract of any other federal requirements which apply to the award and/or expenditure of the federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Contractor activities. The Contractor shall comply with all other federal requirements relating to the expenditure of federal funds, including but not limited to: the Hatch Act (5 USC Chapter 15) regarding political activities. Page 7 of 7 2014 Contract 5719835 - Exh 11 XI. CONSTITUTIONAL PROHIBITION Funds Not Used for Religious Purposes In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state principles, as a general rule, funds received under this Contract may not be used for religious activities. The following restrictions and limitations apply to the use of CDBG funds: A. A Contractor may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the assistance funded under this Contract. If the Contractor conducts religious activities, the activities must be offered separately, in time and location, from the assistance funded under this Contract, and participation must be voluntary for the beneficiaries of the assistance; and B. In performing under this Contract, the Contractor shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. City of Tukwila Page 8 of 8 2014 Contract 5719835 - Exh II 45 EXHIBIT III CITY OF TUKWILA TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM Contract No.: 5719835 Project No,: C14342 -1122985 King County Project Manager: Randy Pop lock Agency Contact Person: Evelyn Boykan Start Date: October 1, 2014 Telephone: (206) 433-7180 End Date: September 30, 2015 Email: evie.boykan@tukwilawa.gov I. WORK STATEMENT The City of Tukwila (hereinafter referred to as "the Contractor") agrees to provide funds to repair the existing stock of homes owned by low- to moderate-income households in the South King County communities of Covington, Des Moines, SeaTac, and Tukwila, as described in this Exhibit beginning on October 1, 2014, and completing these services by September 30, 2015. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $125,000 in King County Community Development Block Grant (CDBG) funds. IL PROGRAM DESCRIPTION The preservation of the housing of low- to moderate-income home owners through the provision of funds to repair the existing stock of homes owned by low- to moderate-income households. A. Indicators The number of unduplicated households who receive minor housing repair assistance in the communities of Covington, Des Moines, SeaTac, and Tukwila. B. Eligibility 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based on the applicable Family Size in the following 2014 United States Housing and Urban Development (HUD) Income Guidelines Table. Clients may self-certify in writing that their family income does not exceed the applicable limit. City of Tukwila 46 2014 HUD INCOME GUIDELINES Median Family Income = $88,200 Effective January 1, 2014 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- MODERATE- SIZE LOW-INCOME INCOME INCOME 1 $18,550 $30,900 $44,750 2 $21,200 $35,300 $51,150 3 $23,850 $39,700 $57,550 4 $26,450 $44,100 $63,900 5 $28,600 $47,650 $69,050 6 $31,970 $51,200 $74,150 7 $36,030 $54,700 $79,250 8 $40,090 $58,250 $84,350 Page 1 of 1 2014 Contract 5719835 - Exh III 2. The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees to use updated income guidelines that shall be provided by the County. The County shall provide the updated guidelines to the Contractor electronically or by hard copy. 4. Services provided with funding under this Exhibit may be limited to residents of Covington, Des Moines, SeaTac, and Tukwila. 5. Services shall be provided on a first come, first served basis with safety and health issues prioritized. 6. Eligible clients must have lived in their home for at least one year. C. Definitions 1. Disabled person is an adult who has severe disabilities based on the Bureau of the Census definition. 2. Elderly person is an individual who is 62 years or older. 3. Emergency repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety. 4. Routine maintenance includes activities that merely keep a structure in good operating condition; such activities do not add to the value of the structure, appreciably prolong its useful life, or adapt it to new uses. 5. Unit of service is a minor home repair, measured by unique job or repair hours that is undertaken in a client's home. D. Program Requirements The Contractor shall use CDBG funds to provide minor home repair services for low- and moderate-income homeowners in the cities of Covington, Des Moines, SeaTac, and Tukwila. Funds shall be focused on maintaining the safety and health of the occupants, preserving the dwelling and/or conserving energy. These activities may include, but are not limited to: earthquake preparedness, replacing broken switches, sockets, light fixtures, repairing heat sources, repairing gutters and downspouts, replacing or repairing faucets, toilets, sinks, drains, broken or leaky pipes and repairing minor roof leaks. 1. The Contractor agrees to serve, at minimum, the following unduplicated number of units repaired with funds provided under this Exhibit: City of Tukwila Page 2 of 2 2014 Contract 5719835 - Exh 111 47 City of Tukwila 48 2. The Contractor agrees to provide, provide, at minimum, the foliowing cumulative hours of service: Qtr. 1 (Oct-Dec Qtr. 2 (Jan-Mar Qtr. 3 (Apr-Jun Qtr. 4 (Jul-Sep Total 2014/ 2014> 2015) 2015> 2015U 2015 Number ofunduplicated households in Tukwlla 3 4 4 5 16 Number ofunduplicated households in SeaTac 3 4 4 5 16 Number ofunduplicated households in Des 3 3 4 5 15 Moines 6 12 12 12 42 Number ofunduplicated households in Covington 3 3 4 5 15 Cumulative Total for all 12 14 16 20 64 Cities 2. The Contractor agrees to provide, provide, at minimum, the foliowing cumulative hours of service: The funds provided under this Exhibit shall be used to pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign a Site Specific Environmental Review (ER) Checdist, known as a Tier 3 review, for every individual job, before any work begins. This checklist allows Minor Home Repair (MHR) staff to proceed with certain types of projects without obtaining King County approval first, including pr jects involving maintenance, emergency repaire, grab bors, or in pre-approved mobile home parks. Page 3 of 3 2014 Contract 5719835 - Exh 111 Qtr. 1 (Oct-Dec Qtr. 2 (Jan-Mar Qtr. 3 (Apr-Jun Qtr. 4 (Jul-Sep Total 2014/ 2014) 2015\ 2015) 2015> 2015 Minor Home Repair hours in Tukwila 7 15 10 14 46 Minor Home Repair hours in SeaTac 6 12 10 13 41 Minor Home Repair hours in Des Moines 6 10 10 10 36 Minor Home Repair hours in Covington 6 12 12 12 42 Cumulative Total for all 25 49 42 49 165 Cities The funds provided under this Exhibit shall be used to pay for the costs associated with the provision of these units of service. 3. Environmental Review Records a. The Contractor shall complete and sign a Site Specific Environmental Review (ER) Checdist, known as a Tier 3 review, for every individual job, before any work begins. This checklist allows Minor Home Repair (MHR) staff to proceed with certain types of projects without obtaining King County approval first, including pr jects involving maintenance, emergency repaire, grab bors, or in pre-approved mobile home parks. Page 3 of 3 2014 Contract 5719835 - Exh 111 City of Tukwila b. The Contractor shall submit all Site Specific ER Checklists to the Housing and Community Development (HCD) Environmental Review Specialist quarterly with invoice submittal. The Contractor shall keep photocopies on file. c. If the MHR staff checks "no" to all questions numbers 1-5 on a Site Specific ER Checklist, then MHR staff shall submit information listed on the Site Specific ER Checklist to the King County ER Specialist, and work shall not begin until the ER Specialist notifies Contractor staff that an ER for that site (Tier 3) is complete. These reviews shall be submitted along with at least one picture of the project house. d. The MHR staff shall provide the HCD ER Specialist information concerning the following regulations for Tier 3 reviews, as determined in the Tier 1, Five-Year Programmatic ER (published Dec. 2010): i. Section 106: Historic Preservation and Archaeology; ii. Toxic Chemicals; and iii. Flood disaster Protection Act (flood insurance). 4. Lead-Based Paint (LBP) Requirements a. The Contractor shall complete the HCD Supplementary Lead Based Paint Checklist for all repairs on houses built prior to 1978 and submit copies to HCD Project Manager with Quarterly Billing Invoice Package as outlined in Section III.B. of this Exhibit. b. The Contractor shall procure a neutral third party lead based paint certified contractor hired specifically to assess LBP threshold determinations (with the exception of those re-occurring activities that have been pre-determined to not disturb paint). The sub-contractor(s) shall not complete the LBP work on homes they have assessed and shall refer his/her determinations back to the Contractor to coordinate all LBP housing repairs and clearance through King County HCD Staff. c. The Contractor shall monitor job completion and LBP clearance of housing units per Housing Repair LBP standards as set forth in the Minor Home Repair Program Lead Based Paint Requirements and Process. d. If a project repair area is over de minimus and has children under the age of six residing in the house, and is over $5,000 in repair value, the project shall be referred to King County Housing Repair Program by MHR Staff for assessment and completion. i. In these instances, if the City makes the referral and desires to continue funding the repair as a grant, it will be responsible for all additional costs associated with addressing the repairs and the LBP. The Housing Repair Program will bill the MHR Program for the Page 4 of 4 2014 Contract 5719835 - Exh 111 49 50 City of Tukwila project in an amount adequate to cover all costs associated with the repair and LBP activity. If the MHR Program runs out of funds available for grant transfer referrals, the referrals will be assessed for the traditional non-amortizing loan program through the Consortium's Housing Repair Program, if desired by the client through normal channels of intake, and general HRP process. ii. The estimated HCD cost associated with LBP review, testing, determination and clearance has been determined to be no less than $500 to cover associated travel and HRP staff time, but will be itemized per project. Multiple tests might be necessary to complete clearance of a project e. Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead-Based Paint Poisoning Prevention in Certain Residential Structures at 24 Code of Federal Regulations (CFR) Part 35. Such records shall include, for each housing unit assisted under this Exhibit: i. Records evidencing that the housing repair was exempt pursuant to 24 CFR Part 35.115; or ii. Records evidencing that the scope of the housing repair work did not exceed the de minimus criteria at 24 CFR Part 35.1350(d) and that the Contractor provided the required pamphlet to the occupants of the housing unit pursuant to 24 CFR Part 35.910(b); or iii. Records evidencing that the housing repair work was completed in accordance with the procedures specified in 24 CFR Part 35, Subpart J including provision of required notices, and performance of evaluation and clearances. 5. Subcontracted Services a. In addition to the requirements of Section XVI. of the Contract, the Contractor shall execute written agreements with each Contractor with which it subcontracts to provide services (hereinafter "Implementing Agency") and shall incorporate into such subcontracts the provisions in Section II.D., Program Requirements, of this Exhibit. b. The Contractor shall invoice the County for due and payable invoices of the Implementing Agency or for costs paid by the Contractor for goods, materials or services already provided. The Contractor shall invoice the County after the Implementing Agency has invoiced the Contractor. The Contractor shall include a copy of the Implementing Agency's invoice with its invoice submitted to the County. The Contractor shall ensure that all costs for which the Implementing Agency requests reimbursement are allowable in accordance with Office of Management and Budget 2 Code of Federal Regulations (CFR) 230 (formerly OMB Circular A-122) or 2 CFR 225 (formerly OMB Circular A-87), as applicable. Page 5 of 5 2014 Contract 5719835 - Exh 111 c. The Contractor shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 6. Copyright If this Contract results in any copyrightable material, King County reserves the right to royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for governmental purposes. 7. Public Information All marketing materials, news releases and other public notices related to projects funded under this Agreement shall include information identifying the source of funds as the King County Community Development Block Grant Program. III. COMPENSATION AND METHOD OF PAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall not exceed $125,000. City of Tukwila 1. CDBG Funds King County CDBG Funds -South Sub-Region $ 125,000 Total CDBG Funds: $ 125,000 2. Line Item Budget Environmental Review & Lead Based Paint Reviews (KC Cost Set-Aside) 4,000 Capital Outlay (Construction Contracts) $ 115,500 Project Management $ 2,000 Personnel (provide detail below) $ 3,500 Total CDBG Contract Funds: $125,000 3. Personnel Detail Personnel Detail Position FTE - CDBG Funds Permit Specialist / Business License 25 $3,500 Page 6 of 6 2014 Contract 5719835 - Exh 111 51 B. Billing Invoice Package 1. The Contractor shall submit a Billing Invoice Package quarterly that consists of an invoice statement and other reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format approved by the County. All required reports shall accompany the invoice statement in order to receive payment. 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices to the County in the form of a CDBG Program Voucher Reimbursement Request form. Such forms shall be signed by an authorized representative of the Contractor and shall be accompanied by copies of supporting documents. 3. The Billing Invoice Package is due within 20 working days after the end of each quarter. 4. The final 2014 voucher shall be submitted no later than October 10, 2015. C. Method of Payment 1. The County shall reimburse the Contractor on a quarterly basis for actual expenditures in accordance with the Line Item Budget in Section III.A. 2. Payment to the Contractor may be withheld for any quarter in which the Contractor has not submitted the reports specified in Section IV., REPORTING REQUIREMENTS, of this Exhibit, or in which said reports are incomplete. 3. The Contractor shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re-negotiate performance requirements if the County determines that such changes are substantial. IV. REPORTING REQUIREMENTS The Contractor shall submit electronically the following data reports in a format and to an address provided by the County. A. The Contractor shall submit a completed Environmental Review Form to the King County Environmental Review Specialist quarterly, and place a photocopy with client's applications for repairs in the Contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice a completed Project Activity Report Form, in a format provided by the County. Each Project Activity Report shall include a narrative with an explanation if actual services are less than 90 percent of the cumulative minimum service requirements as stated in Section II. D.1. of this Exhibit. C. The Contractor shall use the following methods to measure the indicator specified in Section II.D.1. of this Exhibit: Number of units completed. D. The Contractor shall submit with the final invoice a completed Project Funding Report form itemizing all funding used for the project, in a format provided by the County. 52 City of Tukwila Page 7 of 7 2014 Contract 5719835 - Exh III City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes October 28, 2014 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Joe Duffie, Chair; Dennis Robertson, Verna Seal Staff: Jack Pace, Evie Boykan, Derek Speck, Laurel Humphrey Guests: Omar Lee, South Center WA, LLC; Vanessa Zaputil, Resident CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA 4‘ Contract: Community Development Block Grant (CDBG) Funds for 2014 Minor Home Repair Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $125,000 in Community Development Block Grant funds for the 2014 Minor Home Repair Program. This program is administered by the Office of Human Services and provides home repair services to low and moderate income homeowners. Tukwila serves as the fiscal agent for the contract which also includes Des Moines, Covington and SeaTac. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 3, 2014 REGULAR CONSENT AGENDA. B. Resolution: Residential Targeted Area for Multi - Family Property Tax Exemption and Setting a Public Hearing Staff is seeking Council approval of a resolution that would state the City's intent to designate a portion of the Southcenter District as a "residential targeted area" for purposes of a mult- family property tax exemption program and to set a time and place for a public hearing. RCW 84.14 allows cities to exempt qualified multi - family housing from property taxes within certain "residential targeted areas" as an incentive for development and redevelopment. Councilmember Robertson raised questions about the timing of setting a public hearing on the matter prior to receiving a staff report and analysis. Staff reviewed the schedule on this item, noting that the Committee will be fully briefed on a proposed ordinance on November 12, prior to the November 24 public hearing set by this resolution. Setting of the public hearing date by resolution is a process spelled out in the RCW and recommended by the City Attorney. To provide clarity on this matter, the Committee requested two amendments as follows: Title: A Resolution of the City Council... stating the City's intent to ate consider a residential targeted area, etc. Section 1 The City of Tukwila intends to consider designating decfie that portion of the Tukwila Urban Center Transit Oriented Development Neighborhood, etc. 53 54 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's review Council review 10/27/14 NG E Motion Ai Date r] Resolution Mtg Date 11/03/14 NG ,friC- [1] Other Mtg Date CA1FG)RY U Discussion Mtg Dale SPONSOR Comm' l IJ Mayor Lil FIR II DCD J Finance ,l'ire LI IT P&R Pollee LI PI 7 SPONSOR'S The proposed ordinance would create a modest, predetermined fee for minor residential SUMMARY remodels to encourage compliance with building codes and therefore improve public safety. It would also create a streamlined process for closeout of expired permits to encourage applicants to get a final inspection, ensuring compliance with building codes and therefore improving public safety. Iti:A'ilwEl) BY fl COW Mtg. Ei CA&P Cmte [1] Utilities Cmtc E Arts Comm. DATE: 10/21/14 11 F&S Cmte E Transportation Cmte Comm. D Planning Comm. CHAIR: SEAL [1] Parks COMMITTEE ITEM INFORMATION ITEM No. 6.A. 55 STAFF SPONSOR.: JACK PACE ORIGINAI, AG ENDA DATE: 10/27/14 AGENDA ITEmTni.E Updating Title 16 with Minor Residential Remodel Fees and Expired Permit Finals 10/27/14 E Motion Ai Date r] Resolution Mtg Date Z Ordinance Mt,gDate 11/3/14 IZ Bid A2vard AitgDate El Public Heari 17,g A1 Date [1] Other Mtg Date CA1FG)RY U Discussion Mtg Dale SPONSOR Comm' l IJ Mayor Lil FIR II DCD J Finance ,l'ire LI IT P&R Pollee LI PI 7 SPONSOR'S The proposed ordinance would create a modest, predetermined fee for minor residential SUMMARY remodels to encourage compliance with building codes and therefore improve public safety. It would also create a streamlined process for closeout of expired permits to encourage applicants to get a final inspection, ensuring compliance with building codes and therefore improving public safety. Iti:A'ilwEl) BY fl COW Mtg. Ei CA&P Cmte [1] Utilities Cmtc E Arts Comm. DATE: 10/21/14 11 F&S Cmte E Transportation Cmte Comm. D Planning Comm. CHAIR: SEAL [1] Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Full Council for Action COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/27/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 10/27/14 Informational Memorandum dated 10/21/14 Draft Ordinance Minutes from the Finance and Safety Committee meeting of 10/21/14 11/3/14 Ordinance 55 56 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2418 §1, 2402 §4, 2171 §1 (PART), AND 2121 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.04.250, TO CREATE A FLAT FEE FOR PLAN REVIEW AND PERMIT FOR SIMPLE RESIDENTIAL PROJECTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council seeks the safety of the citizens first and foremost; and WHEREAS, permits are required for certain home improvement projects; and WHEREAS, the City Council desires to lessen the financial impact for homeowners undertaking this work by creating a flat permit fee for simple residential projects that still ensures code compliance and required inspections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.250 Amended. Ordinance Nos. 2418 §1, 2402 §4, 2171 §1 (part), and 2121 §1 (part), as codified at Tukwila Municipal Code Section 16.04.250, "Procedures applicable to all construction permits," are hereby amended to read as follows: 16.04.250 Procedures applicable to all construction permits A. Permit and plan review fees applicable to all construction permits are listed in the most current permit fee resolution. B. Work covered without inspection or work not ready at the time of inspection may be charged a re-inspection fee at the hourly rate listed in the most current permit fee resolution. C. Work without a permit. Any person who commences work before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be equal to the established permit fee as set forth in the most current permit fee W: Word Processing \Ordinances \Flat permit fee for residential projects 10-28-14 JH:bjs Page 1 of 3 57 58 resolution. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. D. Fee refunds. The Building Official may refund any permit fee paid by the original permit applicant that was erroneously paid or collected. The Building Official may also authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with the code. Where a plan review fee has been collected, no refund will be authorized once it has been determined that the application is complete and the plan review process has commenced. Refund of any permit fee paid shall be requested by the original permit applicant in writing and not later than 180 days after the date of fee payment. E. Expiration of Permits. All building, mechanical, plumbing, fuel gas piping and electrical permits shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance or the work is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official may grant one or more extensions for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. F. Expired Permit Final. A permit within 180 days of expiration may receive a final inspection provided a new permit application is completed and a fee is paid per the most current permit fee resolution. G. Residential remodel permits. Owner-occupied residential remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat fee for the plan review and permit per the most current permit fee resolution. The valuation will be cumulative during a rolling one year period and projects that exceed the $20,000.00 limit will be subject to the standard permit fee schedule. All requirements for submittal documents and inspections are as required for a new house under this section; only the fee is reduced. H. Appeals. All references to Board of Appeals is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions exists. 1. The true intent of the code or ordinance has been incorrectly interpreted. 2. The provisions of the code or ordinance do not fully apply. 3. The decision is unreasonable or arbitrary as it applies to alternatives or new materials. 4. Notice of Appeal procedures shall be in accordance with TMC Section 18.116.030. W: Word Processing \Ordinances\Flat permit fee for residential projects 10-28-14 JH:bjs Page 2 of 3 I. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice of Violation issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice of Violation shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice of Violation shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. J. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC Section 8.45.100.A.2. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Flat permit fee for residential projects 10-28-14 JH:bjs Page 3 of 3 59 60 gheir ',4t04411, alp COUNCIL AGENDA SYNOPSIS Meetiq Date Prepared by Mayor's review Connell review 10/27/14 NG (4/, ,. '4 Z Resolution Mtg Date 11/3/14 11/03/14 NG E Public Hearing Altg Date [111 Other Mg Date CATI.',Goity Discuthon MIA Date SI) ON ti( 11t J Council LI Mayor E FIR Z DCD LI Finance Fire L IT L11 P&R LI Poii E PW SPONSOR'S The revised DCD and PW fee schedule reflects annual increases in the costs of providing SUMMARY . development review services. New fees have been added for permits related to the new TUC zoning district. A reduced fee is proposed for sensitive area buffer modifications and minor home repairs by homeowners. RINIMLI) BY E COW Mtg. 0 CA&P Cmte E Utilities Cmte il Arts Comm. DATE: 10/21/14 F&S Cmte 0 Transportation Cmte Comm. E Planning Comm. CHAIR: SEAL E Parks COMMITTEE ITEM INFORMATION ITEM No. 6.B. 61 STAFF SpoNsoR: JACK PACE ORIGINAL AGENDA DATE: 10/27/14 Acir:NDA ITIN Triti; Updating the Consolidated Fee Schedule for 2015 and 2016 10/27/14 E Motion Mtg Date Z Resolution Mtg Date 11/3/14 E Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Altg Date [111 Other Mg Date CATI.',Goity Discuthon MIA Date SI) ON ti( 11t J Council LI Mayor E FIR Z DCD LI Finance Fire L IT L11 P&R LI Poii E PW SPONSOR'S The revised DCD and PW fee schedule reflects annual increases in the costs of providing SUMMARY . development review services. New fees have been added for permits related to the new TUC zoning district. A reduced fee is proposed for sensitive area buffer modifications and minor home repairs by homeowners. RINIMLI) BY E COW Mtg. 0 CA&P Cmte E Utilities Cmte il Arts Comm. DATE: 10/21/14 F&S Cmte 0 Transportation Cmte Comm. E Planning Comm. CHAIR: SEAL E Parks COMMITTEE RECOMMENDATIONS: spoNsoR/AumiN. CommilINE Department of Community Development Unanimous Approval; Forward to Full Council for Action COST IMPACT / FUND SOURCE ExpkwiTuitk RF:QUIR.ED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/27/14 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 10/27/14 Informational Memorandum dated 10/15/14 Attachment A - Draft Permit Fee Resolution Minutes from the Finance and Safety Committee meeting of 10/21/14 11/3/14 Resolution 61 62 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE AND REPEALING RESOLUTION NO. 1803. WHEREAS, the City intends to update permit fees on an annual basis, with any increases tied to growth in City expenses for providing permit services; and WHEREAS, the City Council wishes to recover a portion of the City's costs for review and processing of permit applications; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, salaries for represented City employees are adjusted by 90% of the Seattle CPI-W, which was 2.2% for the June 2013-2014 period; and WHEREAS, greater compliance with environmental regulations can be encouraged by offering reduced permit fees for residential homeowners on specific sensitive area permits; and WHEREAS, greater permitting compliance and streamlined disaster recovery can be encouraged by offering a flat permit fee for small residential remodels; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. For 2015 and 2016, the Technology Fee shall be set at 5% of the applicable permit fee. W:\Word Processing\Resolutions\Consolidated permit fee schedule-2015-2016 10-14-14 NG:bjs Page 1 of 10 63 64 Section 2. Public Works fees will be charged according to the foliowing schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION FEE Type A (Short-Term Non-profit) $ 5U.00+ Technology Fee Type B (Short-Term Profit) $100.00 + Technology Fee Type C (tnfrastructure and Grading on Private Property and City Right-of-Way and Disturbance of City Right-of-Way) $250.00 application base fee, Technotogy Fee, plus four components based on construction value: 1) Plan Review 2) Construction Inspection 3) Pavement Mitigation 4) Grading Plan Review Type D (Long-Term) $100.00 + Technology Fee Type E (Potential Disturbance City Right-of-Way) $10O.00+ Technology Fee Type F (Blanket Permits) $25O.U0 processing fee, plus $5.00O.00 cash deposit, withdraw $100.00 per instance for inspection Franchise — Telecommunications $5,000.00 administrative fee Franchise — Cable $5.000.00 plus 5Y6of total revenue Street Vacation $1.200.00 Latecomer's Agreements $500.00 processing fee, plus 17% administrative fee, plus $5OO.UO segregation fee Flood Zone Control Permit $50.00 + Technology Fee Section 3. Land use permit and processing fees will be charged according to the following schedule: LAND USE FEE SCHEDULE All peer review fees will be passed through to the applicant per TMC Section 18.50.200. Decision Type 2015 Fee 2016 Fee Plus Hearing Examiner Fees Plus Technology Fee (TF) X3;:tttt.ttN,f():iVt.P,,, Type 1, 2 and 4 Decisions $602 SEPA MDNS Appeal $602 Appeal of Sign Code Decision $602 lmpact Fee Appeals: Fire $602 Parks $602 Transportation $602 vv:\Vmvm permit fee xcxeoule-2o1n-2o1n1o'1*'1* NG:bjs Page 2 of 10 Decision Type 2015 Fee 2016 Fee Permanent 'On $243 Plus Hearing Examiner Fees Mm Technology Fee (TF) $248 + TF • Temporary + TF Pole/Banner Initial Application $243 $248 + TF Special Event + TF Pole/Banner Annual Renewal $53 $54 + TF New Billboard $602 + TF Master Sign Program—Admin $2,173 $2,216 + TF Master Sign Program—BAR $3,479 $3,549 + TF M��m�n� TUC ��dmS�m��s o�1 (TMC Section 1828.131C1 Modification to TUC Open Space Regulations �581 /77NCSecbon/fi28.25OD.4.o0 Transit Reduction to Parking Requirements $5g. (TMC Section 18.28.260.B.5.b) Design fieviewrr/14q,b'edttorr 1 & 60 030) `///' Administrative $5S1 $602 + TF �581 $602 + TF $591 $2,236 $602 $2.281 + TF + TF Public Hearing $4,006 $4,086 + TF Major Modification $1,370 $1,397 + TF Minor Modification $622 $635 + TF Administrative Parking Variance (Type 2—TMC Section 18.56.140) $602 Parking Variance (Type 3—TMC Section 18.56.140) Parking Standard for use not specified (77NCi8.2fL25OD.4.dY and 77NCY8.56fD0) Residential Parking Reductio (TMC Section 18.56.065) Shared, covenant, Complementary Parking Reduction (TMC Section 18.56.070) Parking Lot Resth ing (TMC Section 18.5I120D $969 $988 + HE $579 + TF $602 + TF $591 $602 + TF $602 + TF vvmwom Processing vReov|mwnx\CnnxnUovtedpermit fee schedule-2015-2016 10-14-14 NG:bjs Page 3 of 10 66 Decision Type 2015 Fee 2016 Fee Plus Hearing Examiner Fees Plus Technology Fee (TF) Variances, Special Permissions and Site PIan Review Variances (TMC Section 18.72) $2,825 $2,882 + HE + TF Environmentally Sensitive Areas Deviation, Buffer Reduction (TMC Chapter 18.45) Reduced fee for LDR homeowners, no associated short plat Reasonable Use Exception (TMC Section 18.45.180) $1,495 $591 $1,525 $602 + TF $2,991 $3,050 + HE + TF Exception from Single Family Design Standard (TMC Section 18.50.050) Special Permission Cargo Container (TMC Section 18.50.060) Landscape Perimeter Averaging (TMC Section 18.52.060) Tree and Landscape Modification Permit and Exceptions (TMC Chapter 18.54) ' 5>" Lot Ciiatiiiit and Consolidation Boundary Line Adjustment (TMC Chapter 17.08) Lot Consolidation (TMC Chapter 17.08) Short Plat (2-4 lots) (TMC Chapter 17.12) Short Plat (5-9 lots) (TMC Chapter 17.12) $591 $602 + TF $591 $602 + TF $591 $602 + TF $105 $107 + TF mAgr $1,677 $1,710 + TF $622 $635 + TF $3,817 $3,893 + TF $4,344 $4,431 + TF Subdivision: Preliminary Plat (10+ lots) (TMC Section 17.14.020) Final Plat (10+ lots) (TMC Section 17.12.030) $4,986 $5,085 + HE + TF $2,991 $3,050 + TF Binding Site Improvement Plan (TMC Chapter 17.16) $3,817 $3,893 + TF Planned Residential Development: Administrative (TMC Section 18.46.110) $2,173 $2,216 + TF Public Hearing (TMC Section 18.46.110) $4,986 $5,085 + TF Minor Modification (TMC Section 18.46.130) $591 $602 + TF Major Modification (TMC Section 18.46.130) $2,425 $2,473 + TF W:\Word Processing\Resolutions\Consolidated permit fee schedule-2015-2016 10-14-14 NG:bjs Page 4 of 10 Decision Type 2015 Fee 2016 Fee Plus Hearing Examiner Fees Plus Technology Fee (TF) Minor (Type 1) $591 $602 ��� + TF Administrative (Type 2) $1,677 1,710 + TF Major or Hei htVVaiver/Type3V Checklist $3,352 $1,709 $3,419 + HE + TF + TF SEPA EIS $2,991 $3,050 + TF SEPA Planned Action $602 + TF SEPA Addendum $602 + TF SEPA Exemption Letter $348 $355 + TF Sensitive Area Master Plan Overay $4,986 $5,085 (TMC 18.45.160) Substantial Development PennUT7N � /CChepba 1844) + TF Project value: $5,000 - $10,000 $1,181 $1,205 + TF $10,001 - $50,000 $2,763 $2,818 + TF $4,406 $4,495 + TF More than $500,000 $5,588 $5,699 + TF Permit Exemption Letter, Shoreline $243 $248 + TF Conditional Use Permit, Shoreline (TMC 18.44.050) Shoreline Tree Permit (TMC Chapter 18.44) $3,879 $3,957 + HE + TF $105 + TF Shoreline Environment Redesignation Type $485 $3,050 $494 + TF + TF Type II $654 $667 + TF Type III $1,454 $1,483 + HE + TF Conditional Use Permit (77NC Section Y864.D2L) Unclassifled Use Permit (TMC Chapter 18.66) $3,879 + HE + TF $4,986 $5,085 + TF TSO Special Permission Use (TMC Section Y84Y.060) $969 $988 W:\Word P pennit fee schedule-20 5-2016 10-14-14 NG:bjs + HE + TF Page 5 of 10 68 Decision Type 2015 Fee 2016 Fee Plus Hearing Examiner Fees Plus Technology Fee (TF) Rezone (Map Change) $3,489 $3,559 + TF Comprehensive Plan Amendment $3,988 $4,068 + TF Zoning Code Text Amendment $4,533 $4,624 + TF Development Agreement $1,994 � + TF Code Interpretation (TMC Section 18080100 $348 $355 + TF Zoning Verification Letter $348 $355 + TF Legal Lot Verification $559 $570 + TF Preapplication Meeting $485 $494 + TF Mailing Fee to Generate Labels, per project $458 $467 Public Notice Mailing Fee per address for each mailing $1 $1 Section 4. Building permit fees will be charged according to the following schedule: BUILDING PERMIT FEE SCHEDULE Total Valuation Building Permit Fees $1 to $500 $65.00 + Technology Fee $501 to $2,000 $O5.UO for the first $50O. plus $4.3O for each additional $1O0.orfraction thereof, to and including $2,000 + Technology Fee �2.001to$25.000 $129.50 for the first $2,000, plus $19.60 for each additional $1,000, or fraction thereof, to and including $25,000 + Technology Fee $25,001 to $50,000 $8OO.4O for the fimt $25.00O. plus $15.3O for each additional $1.00O.nr fraction thereof, to and incuding $50,000 + Technology Fee $50,001 to $100,000 $983.25 for the first $58.000. plus $1O.SO for each additional $1.000.or fraction thereof, to and including $100,000 + Technology Fee �100.001to$500.000 $1.511.S0 for the first $1OO.UOO. plus $8.5O for each additional $1.00O.or fraction thereof, to and including $500,000 + Technology Fee $500.001to$1.000.000 $4,906.30 for the first $5O0.D0O. plus $7.00 for each additional $1.UUO.or fraction thereof, tn and including $1.00O.00O+ Technology Fee �1.000.001ho$5.000.000 $8,443.25 for the first $1.00O,DO0. plus $47O for each additional $1.00O. or fraction thereof, to and including $5,000,000 + Technology Fee $5,000,001 and up $27,243.25 for the first $5.000.0U0. plus $4.5O for each $1.OUOorfraction thereof + Technology Fee WVwomp permit fee ncoouvle-2u1n-2o 6 10-14-14 NG:bjs Page 6 of 10 1. Non-Structural Plan Review Fee. A non-structural plan review fee shall be paid at the time of submitting plans and s ons for review The non-structural plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee schedule. The non-structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. 2. Structural Plan Review Fee. Where a structural plan review is deemed neoessary, a structural plan review fee shall be charged. The structural plan review fee shall be 35% of the calculated non-structural plan review fee. Section 5. Mechanical permit fees will be charged according to the following schedule: MECHANICAL PERMIT FEE SCHEDULE Valuation of Work (Total Contract Amount) Mechanical Permit Fee Unit Fee Schedule (in addition to base fee above: $32.50 for issuance of each permit (base fee) + Technology Fee $250orless $65.00 + Technology Fee $251 to $500 $65.00 for first $25O. plus $7.83 for each $1OOor fraction thereof, to and including $500 + Technology Fee �501to$1.000 $R4.GO for the first $5OO. plus $8.7O for each $10Uur fraction thereof, Un and including $1000 + Technology Fee $1.001to$5.000 $128.1O for the first $1.00O. plus $0.G5 for each $1.00Oorfraction thereof, to and including $5,000 + Technology Fee $5.001to$50.000 $166.70 for the first $5.O0U. plus $1O.O5 for each $1.000orfraction thereof, to and including $50,000 + Technology Fee $50,001 to $250,000 $639.20 for the first $50.U0O. plus $8.4O for each $1.00Onrfraction thereof, to and including $250,000 + Technology Fee �250.001ho$1.000.000 $2.31S.20 for the first $250.00O. plus $7.4O for each $1.0U0orfraction thereof, to and including $1.UOO.UO0+ Technology Fee �1.OU0.0O1 and up $7.8GS.2O for the first $1.00O.0O0. plus $G.7O for each $1.OU0or fraction thereof + Technology Fee Section 6. Plumbing permit fees will be charged according to the following schedule: PLUMBING PERMIT FEE SCHEDULE Permit Issuance Issuance of each permit (base fee) $32.50 + Technology Fee Unit Fee Schedule (in addition to base fee above: For one plumbing fixture (a fixture is a sink, toiet, bathtub, etc.) $65.00 + Technology Fee For each additional fixture $14.00+ Technology Fee For eacti building sewer and each trailer park sewer $24.80 + Technology Fee Rain vvate,syahem - perdnain (inside building) $14.00 + Technology Fee For each water heater and/or vent $14.00 + Technology Fee W:\Word permit fee ocoouule-2o10-2o16 10'141* NG:bjs Page 7 of 10 70 PLUMBING PERMIT FEE SCHEDULE (continued) For each industrial waste pretreatment interceptor, including its trap and vent, except for kitchen type grease interceptors $28.00+ Technology Fee For each grease interceptorfor commercial kitchens $2S.1O+ Technology Fee For each repair or alteration of water piping and/o' water treating equipment, each occurrence %14.8O + Technology Fee For each repair or alteration of drainage or vent PiPi»Q, each fixture s14.0O+ Technology Fee For each medical gas piping system serving one to five inlets/outlets for a s.ecific .as $82.O0+ Technology Fee For each additional medical gas inlets/outlets $16.20 + Technology Fee For each Iawn sprinkler system on any one (1) meter including backfiow protection devices therefor. $2y.1O+ Technology Fee For atmospheric-type vacuum breakers not included in Iawn sprinkler backflow protection: 1to5.... $14.00+ Technology Fee Over 5... $14.O0 for first 5 plus $3.25 for each additional + Technology Fee For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller$2Q.1O+ Technology Fee Over 2-inch diameter: $32.25 + Technology Fee Section 7. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE 1. Permit Issuance: For issuing each permit (base fee): ($0 if permit is in co junction with a plumbing permit for an appliance with both plumbing and gas connection.) $32.50 + Technology Fee 2. Unit Fee Schedule (in additio to item in subparagraph 7.1.): For each gas piping system of one to five outlets $65.00 + Technology Fee For each additional gas piping system outlet, per outlet $14.00 + Technology Fee Section 8. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE 1. NEW SINGLE-FAMILY DWELLINGS New single-family dweUings (including a garage) $152.85 + Technology Fee Garages, pools, spas and outbuildings $81.90 + Technology Fee Low voltage systems $59.85 + Technology Fee vv8wvmp ponnu fee sc»euvle-2o10-2o1s10-14-14 NG:bjs Page 8 of 10 ELECTRICAL PERMIT FEE SCHEDULE 2. SINGLE-FAMILY REMODEL AND SERVICE CHANGES Service change or alteration-no added/altered circuits $81.90 + Technology Fee Service change $81.90 with added/altered circuits, plus $11.55 for each added circuit (maximum permitfee $152.85) $81.90 + Technology Fee Circuits added/altered without service change (includes up to 5 circuits) $54.60 + Technology Fee Circuits $54.60 added/altered without service change (more than 5 circuits); $7.GSforeaohmddedcinouit(maxinnumpermitfoe$S8.7O � Technology Fee) $S4� S0+ Technology Fee Meter/mast repair $68.25 + Technology Fee Low voltage systems $59.85 + Technology Fee 3. MULTI-FAMILY AND COMMERCIAL (inciuding Iow voltage) Valuation of Work (Total Contract Amount) Permit Fee $26Onrless $65.00 + Technology Fee $251 -$1.80O $G5.00 for the first $250 plus $4.30 for each $100 or fraction thereof, to and including $1,000 + Technology Fee $1`001'$5.000 $97.00 for the first $1.O0O plus $21.GO for each $1.000or fraction thereof, to and including $5000 + Technology Fee $5,001 - $50,000 $183.3O for the first $5.8OO plus $17.7U for each $1.00Onr fraction thereof, to and including $50,000 + Technology Fee $50.001-$250.000 $979.15 for the first $5O.O00 plus $12.SU for each $1.O0Oor fraction thereof, to and including $250,000 + Technology Fee $250.001-$1.000.000 $3,567.20 for the first $250.O0O plus $8.15 for each $1.O80or fraction thereof, to and including $1.000.OUO+ Technology Fee Over $1,000,000 $18.44O70 plus 0.596of cost over $1.O00.UO0+ Technology Fee 4. MISCELLANEOUS ELECTRCAL PERMIT FEES Temporary service (residential) 65.00 + Technology Fee Temporary service/generators 8O.Q0+ Technology Fee Manufactured/mObile home parks and RV park sites, each service and feeder $86.25 + Technology Fee Carnivals: • Base fee $80.60 + Technology Fee $1O.8O+ Technology Fee • Each concession fee • Each ride and generator truck $1O.80+ Technology Fee $66.50/hour Inspections or plan review not specffied elsewhere (one-half hour minimum). Safety inspections, plan revisions. Adult family homeinopecUon(paidotthetimeofsohudu|ingthe inspection) $66.50 Disaster recovery emergency repair permit (residential structures only) $20.00 W:\Word permit fee nchouule-2o1n-2u1n1u1*-1* NG:bjs Page 9 of 10 72 Section 9. Other in O5 and fees will be charged according to the foliowing schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three hour minimum charge) $100.O0/hour Re-inspection fee $66.50/hour Inspection for which no fee is specifically indicated—investigations or safety inspections $66.50/hour Additional plan review required by changes, additions, or revisions to approved (minimumcharge one-half hour) $68.50/hour _plans VVorh`commencing before permit issuance shall be subject hoan investigation fee equal to1O096nf the permit fee. 1U096of the permit fee Plan review feo Mechanical, Plumbing, FueI Gas Piping and Electrical: The fee for review shall be 25% of the tota calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered without inspection or work not ready at the time of inspection may beohar^edane-ins°ecUon fee nf$G0.5O. na|–inc)udest�oinopeutions Expired permit final �133 .80 Expired permit final – each additional inspection $66.50 Minor residential remodet plan review and permit (projects up to $20,000) $20.00 Section 10. Repealer. Resolution No. 1803 is hereby repealed effective December 31, 2014. Section 11. Effective Date. The permit fee schedules contained in this resolution shall be effective @8Of January 1.2015. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. Alt EST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: W:\Word P permit fee ocxnuule-2n10-2n 6 10-14-14 NG:bjs Page 10 of 10 COUNCIL AGENDA SYNOPSIS Jaitials MeeiinsDate Prepared by y121-'s eviel Council review 11/03/14 DCS Z Motion Mg Dale 11/3/14 Z Resolution Mg Date 11/3/14 [I] Ordinance Mtg Date E Bid A ard AI Date E Public Hearing Mtg Date El Other Mtg Date CA'rix;()ItY Dismssion Mtg Date SP ( )N SOR E Council Z Mayor LI EIR El DCD Finance Lj Fire E IT El P &R E Police jIJ PIF SPoNSOR'S Staff is proposing for the City to adopt a multi-family property tax exemption program to SUMMARY encourage new housing in a portion of the Transit Oriented Development District (Southcenter area). The Council is being asked to approved a resolution setting a public hearing for 11/24/14. REVIP,W1,1) BY p COW Mtg. Z CA&P Cmte 17&S Cmte E Transportation Cmte E Utilities Cmte E Arts Comm. 0 Parks Comm. E Planning Comm. DATE: 10/28/14 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPoNsoR/ADmiN. C()mmITTFT Mayor's Office Unanimous Approval; Forward to Regular Meeting ITEM INFORMATION ITEM No, 7 73 STAFF SPoNsoit: DEREK SPECK ORIGINAL AGENDA DATE: 11/3/14 AG kNDA HEM THU: Multi-Family Residential Property Tax Exemption 11/3/14 Z Motion Mg Dale 11/3/14 Z Resolution Mg Date 11/3/14 [I] Ordinance Mtg Date E Bid A ard AI Date E Public Hearing Mtg Date El Other Mtg Date CA'rix;()ItY Dismssion Mtg Date SP ( )N SOR E Council Z Mayor LI EIR El DCD Finance Lj Fire E IT El P &R E Police jIJ PIF SPoNSOR'S Staff is proposing for the City to adopt a multi-family property tax exemption program to SUMMARY encourage new housing in a portion of the Transit Oriented Development District (Southcenter area). The Council is being asked to approved a resolution setting a public hearing for 11/24/14. REVIP,W1,1) BY p COW Mtg. Z CA&P Cmte 17&S Cmte E Transportation Cmte E Utilities Cmte E Arts Comm. 0 Parks Comm. E Planning Comm. DATE: 10/28/14 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPoNsoR/ADmiN. C()mmITTFT Mayor's Office Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXIT;NDITURI: RiQUIRE1) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Cotnments: MTG. DATE RECORD OF COUNCIL ACTION 11/3/14 MTG. DATE ATTACHMENTS 11/3/14 Informational Memorandum dated 10/22/14 updated after the CAP Committee meeting Draft Resolution and Map of proposed residential targeted area Summary by the Puget Sound Regional Council Minutes from the Community Affairs and Parks Committee meeting of 10/28/14 73 74 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Economic Development Administrator DATE: October 22, 2014 (Revised after Committee Meeting) SUBJECT: Resolution of Intent to Designate Residential Targeted Area ISSUE The Council is being asked to approve a resolution of intent to designate a portion of the Southcenter District as a "residential targeted area" for purposes of a multi-family property tax exemption program and to set a time and place for a public hearing. BACKGROUND State law (RCW 84.14) allows cities to exempt qualified multi-family housing from property taxes within certain "residential targeted areas" as designated by the cities as an incentive to encourage residential development and redevelopment. The state law requires jurisdictions considering a tax exemption program hold a public hearing prior to adopting the program. The law intends for jurisdictions to approve a resolution of intention to designate the residential targeted area that states the time and place of the public hearing. Staff has prepared a proposed resolution that states the public hearing on the designation at the City Council's Committee of the Whole meeting on November 24, 2014 with consideration for adoption at the Council's Regular meeting on December 1, 2014. At the October 28, 2014 Community Affairs and Parks Committee Meeting, the Committee requested edits to the draft resolution. The changes are shown in strike-throuqh underline format. DISCUSSION The multi-family property tax exemption can be an effective tool for encouraging residential development in urban centers. In 2007 the State law changed and Tukwila became eligible to adopt this program. In 2014 the City adopted the Southcenter Plan which describes the City's vision for the Southcenter area and states the City's intent to "stimulate pioneering residential... development within walking distance of the Southcenter (bus) transit center and..." Also in 2014 the developers of the planned Washington Place residential and hotel project requested the City approve a property tax exemption for the residential portion of their project. Although the multi-family property tax exemption program may be useful in various locations in Tukwila, at this time staff is recommending we start with only one area. In the future the City can consider whether to expand the area. It makes sense to start small and then grow because it is easier to grant these exemption rights than take them away. The recommended area would be the portion of the Transit Oriented Development District (TOD District) that is west of the Green River. This area includes the property requested by Washington Place. A map identifying this proposed area is attached. 75 76 INFORMATIONAL MEMO Page 2 This staff report is not intended to answer all the Council and public questions related to a multi- family property tax exemption program. It is simply for adopting the resolution of intention to set the time and place of the public hearing. Staff plans to bring a more complete report with a proposed ordinance to the Community Affairs and Parks Committee meeting on November 12, 2014. FINANCIAL IMPACT Since this item simply sets the public hearing, it does not have a financial impact to the City. If the Council approves a multi-family property tax exemption program, there could be a financial impact to the City, depending on a variety of assumptions. BUDGET IMPACT This specific item does not have a budget impact. RECOMMENDATION The Council is being asked to approve the resolution and consider this item at the November 3, 2014 Regular Meeting. ATTACHMENTS Draft resolution with attachment Puget Sound Regional Council article on Multi-family Tax Exemption W:12014 Info Memos-Council\MFPTE Reso memo-Revised.doc DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, STATING THE CITY'S INTENT TO DESIGNATE CONSIDER A RESIDENTIAL TARGETED AREA FOR THE PURPOSE OF ESTABLISHING A MULTI-FAMILY PROPERTY TAX EXEMPTION PROGRAM, AND SETTING THE TIME FOR A PUBLIC HEARING TO CONSIDER THE DESIGNATION OF THE AREA. WHEREAS, Chapter 84.14 of the Revised Code of Washington provides for exemption from ad valorem property taxation for eligible improvements associated with qualified multiple-unit housing; and WHEREAS, on November 3, 2014 the Tukwila City Council discussed a proposal to establish a tax exemption program pursuant to RCW Chapter 84.14 and desires to consider adopting the program; and WHEREAS, in order to establish a tax exemption program, the City must designate one or more residential targeted areas within which qualified projects may apply for tax exemption; and WHEREAS, RCW Section 84.14.040 (2) states that a governing authority may adopt a resolution of intention to designate an area described in the resolution; and WHEREAS, in accord with RCW Section 84.14.040 (2) the resolution must state the time and place of a hearing to be held by the governing authority to consider the designation of the area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Tukwila intends to consider designating that portion of the Tukwila Urban Center Transit Oriented Development Neighborhood (TUC-TOD) that lies west of the Green River and as shown on Exhibit A as a residential targeted area for the purposes of establishing a multi-family property tax exemption program per RCW Chapter 84.14. W:\Word Processing \Resolutions\Multi-Family Property Tax Exemption Program 10-20-14 DS:bjs Page 1 of 2 77 Section 2. A public hearing to consider the designation of a portion of Tukwila's Southcenter District as a residential targeted area will be held at a Committee of the Whole meeting of the City Council on November 24, 2014. The meeting will be held at 7:00 p.m. in the Council Chambers at 6200 Southcenter Boulevard, Tukwila, Washington. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel Turpin, City Attorney Attachment: Exhibit A - Multi-Family Property Tax Exemption Residential Targeted Area W:\Word Processing\Resolutions\Multi-Family Property Tax Exemption Program 10-20-14 DS:bjs 78 Page 2 of 2 Exhibit A City of Tukwila Multi - Family Property Tax Exemption Residential Targeted Area Target Parcels Southcenter Plan Boundary 79 Puget Sound Regional [UQ�|JUW|KJCUU|K^U , Housing N nnovp NOons Featured Tool: Multifamily Tax Exemption* A state law (RCW 84.14) helps cities attract residential development. Cities may exempt multifamily housing from property taxes in urban centers with insufficient residential opportunities. The city defines a residential target area or areas within an urban center; approved project sites are exempt from ad vczlorem property taxation on the residential improvement value for a period of eight or 12 years. The 12-year exemption requires a minimum level ofaffordable housing to be included in the development (at Ieast 20% ofthe unitsorl00%ifthebui|dinQis solely owner-occupied). The eight-year exemption leaves the public benefit requirement—in both type and size—to the jurisdiction's discretion. The eight-year exemption carries no affordable housing requirement. Cities must pass an enabling ordinance to enact the MFTE and to allow applications for the exemption. What issue does a multifamily tax exemption address? Tool Profile This too encourages multifamily development and redevelopment in Focus Area compact mixed-use districts (urban centers) where housing and affordable • Urban Centers housing options are deficient. Through the multifamily tax exemption, a • Transit Oriented Development jurisdiction can incentivize dense and diverse housing options in urban • Expensive Housing Markets centers lacking in housing choices or affordable units. MFTE can also apply to rehabilitating existing properties and redeveloping vacant or underused Housing Types • Multifamily properties. • Ownership • Rental Where is the multifamily tax exemption most applicable? • Market Rate Cities planning under the Growth Management Act (RCW 36.70a) that have • Subsidized designated urban centers with a deficiency of housing opportunities are Affordability Level eligible to implement this tool. In King, Pierce, Snohomish and Kitsap • oomzzu% AM/ counties, cities must have at Ieast 5,000 in population. Cities must • Less than 80% AMI designate eligible areas that contain urban centers. Urban centers—in the context of the K4FTE'enab|ing legislation—have a particular meaning: Goal • Affordability "...a compac identifiable district where urban resident may obtain a variety of products and services. An urban center must contain: (a) Several existing or previous, or both, business establishments that may include but are not Iimited to shops, offices, banks, restaurants, governmental agencies; (b) Adequate public facilities including streets, sidewalks, Iighting, transit, domestic water, and sanitary sewer systems; and (c) A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use." (R[VV84l4.010) Tool considered very effective for producing units at less than 80% AMI. Case Studies • oumm Multifamily Tax Exemption • Lynnwood Multifamily Tax Exemption • Tacoma Multifamily Tax Exemption Based on the state law, designated districts are commercial or business districts with some mix of uses. Such areas may exist in downtowns, commercial corridors, or other intensively developed neighborhoods. Examples of designated districts throughout the central Puget Sound region are listed in the model policies, regulations and other information section below. MFTEs have been effective in producing multifamily units in the region's larger cities. Since its inception, the MFTE Iaw has been expanded to include smaller cities. The effectiveness of this tool in Iargerjurisdictions could make it an attractive tool for smaller and moderate-sized cities that meet the population threshold. Multifamily tax exemptions can encourage relatively dense attached flats or townhomes, in mixed-use projects or residential complexes, which means this tool is particularly useful in urban centers and transit-oriented Puget und Pegional Council 80 developments. Dense development is also economically efficient in expensive housing markets, and can reduce housing costs. What do 1 need to know about usinq or developing a multifamily tax exemption? The MFTE implementation proces is guided by state law in RCW 84.14. In general, the process includes preparing a resolution of intent to adopt a designated area, holding a public hearing and adopting and implementing standards and guidelines to be utilized in considering applications for the MFTE. Among other criteria, the designated area must lack "sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center, if the affordable, desirable, attractive, and livable places to live were available" (RCW 84.14.040). A property owner applying for an MFTE must meet the criteria (per RCW 84.14.030) summanzed here: • The new or rehabilitated multiple-unit housing must be Iocated in city-designated residential target areas within the urban center. w The project must meet local government requirements for height, density, public benefit features, number and size of proposed development, parking, income limits for occupancy, limits on rents or sale prices, and other adopted requirements. • At least 50% of the space in the new, converted or rehabilitated multiple-unit housing must be for permanent residential occupancy. Existing occupied multifamily developments must also provide a minimum of four additional multifamily units. • New construction multifamily housing and rehabilitation improvements must be completed within three years from approval. • The applicant must enter into a contract with the city containing terms and conditions satisfactory to the local government. The exemption is recorded with the County Assessor. Developments that violate the terms of the exemption are required to pay back the exempted tax amounts, plus interest, and a penalty fee. Cities considering the program need to weigh the temporary (8-12 years) loss of tax revenue against the potential attraction of new investment to targeted anaa MFTE projects could be catalysts for other private investment if they help prove an area is desirable, Pairing the MFTE with other tools that affect density and cost reductions may help the city achieve higher density and affordable housing in designated mixed-use and commercial areas. These tools include: Featured Tools: • Density Bonuses • Transit Oriented Development Overlays • Parking Reductions Other Tools: • Mixed-Use Development • No Maximum Densities • Planned Action EIS (see in particular the SEPA residential and mixed-use exemption option) Creating a Multifamily Tax Exemption Program A typical planning process (gathering information, conducting public outreach and considering ordinances), together with the specific requirements of state law, will guide the development of an MFTE program: Determine Residential Target Areas. Cities will need to consider the state law's "urban center" definition which addresses existing commercial businesses, mixed uses and infrastructure. Analysis. To support the urban center and residential target area designations, a jurisdiction should map or collect data on current uses services and capital facilities. The data and analysis should demonstrate that the area lacks Puget Sound Regional Council 2 sufficient residential housing, including affordable housing. Estimating the tax revenue and other cost-benefit implications of the MFTE program can help to determine whether the program would help achieve housing goals. For example, prior to adopting an MFTE ordinance, the City of Lynnwood prepared an analysis of tax revenue that would be foregone should the ordinance be adopted. In terms of other cost-benefits, jurisdictions can calculate the short-term construction and sales tax revenues and employment gains that stem from the development. (See case studies below.) Conduct Public Outreach. The MFTE statute suggests that a jurisdiction considering an MFTE program issue a resolution of intention to designate an urban center and residential target area(s). The resolution should also identify the time and place of a hearing. Cities must hold a public hearing on the proposed MFTE ordinance and follow notification schedules listed in the statute. While crafting the ordinance, cities will also want to involve stakeholders, including developers of multifamily and condominium housing, affordable housing developers and advocacy groups, and major land owners and businesses in the residential target areas. See Citizen Education and Outreach for strategies to involve the public and stakeholders, Determine Standards. The state affords jurisdictions wide latitude to design their MFTE laws to meet Iocal planning goals. Proposals must meet Iocal zoning and development standards and any affordability and occupancy criteria the jurisdiction sets. Based on the intent of the MFTE, key decisions to shape the ordinance include: • Encouraging more versus less participation from developers. The threshold number of units to qualify for the exemption and public benefit requirements could influence the level of participation by developers. A low threshold and limited public benefit requirements, for example, might make the program more accessible to developers, but yield a smaller return in public benefit for foregone revenue. A high threshold and demanding public benefit requirement, however, might make the program unattractive to developers. Striking a balance between requirements, goals and attractiveness is essential to a successful MFTE program. • Encouraging affordable housing ver usmarkmt,atehousinO.R[VV84.l4aUowocbiestoprovdeabonus for affordable housing provision by allowing 12 years of tax exemption, versus the eight years offered for market-rate developments. Cities could further encourage developers to opt for the 12-year exemption by setting a threshold number of units or public benefit to attract development. Offering other incentives (e.g., density bonuses, flexible single family development regulations) along with the MFTE can strengthen interest in affordable development in the city. • Encouraging more rental or ownership housing. The law provides incentives for affordable multifamily rental housing where the whole development is eligible for the tax exemption if at least 20% of the units areaffurdab|eto|mw'andmodumte-inommehuuseho|ds.Toveceivethe1Z-yearexemption'buUdinQs intended to be entirely owner-occupied must price all of their units affordably for moderate-income households. Setting a threshold number of rental versus ownership units could influence the type of tax exemption applications received in favor of a particular tenure. � Ensuring that affordability endures Affordable units may be at risk of losing their affordable status both at the end of the MFTE time period and during its existence if a developer decides to opt out of the program. Requiring affordability covenants for these units is one method for preserving affordability. Implementation. State law requires an application process and procedures. Cities will need to allocate staff and resources to reviewing applications. A fee may be charged for the request. The agency has 90 days to approve or deny the application. Monitoring. The law requires regular reporting by applicants and by cities. Upon construction and annually thereafter, the property owner must file reports containing information such as occupancy, vacancy, and other items required by the city. Cities will also want to make sure that these requirements are not too onerous. In some Puget Sound Regional Council 3 82 cases, partnerships between non-profits and for-profit to ensure secure income certifications and monitoring may be helpful. Cities must report to the State of Washington Department of Commerce annually by December 31 regarding certificates granted, unit types, monthly rent and sales costs, and other information. Cities could use these regular reports to monitor the success of the program and build supporting data for future program goals. Some cities establish a sunset clause by which time the city may re-adopt or let expire the tax exemption program. Model K�^�|^��'��� Model ����� ||��f'������ Other Information .,�~~~°'-. " ~^.. .,~,~' ...,~~~= Regulations, ^�~..� � .~, ~-~.- State of Washington: RCW 84.14 See adopted ordinances of the following cities at: hupvywww.mozurmtodesaspx • Bremerton: Downtown Core and Multiple Residential Zones • Burien: Downtown Commercial Zone • Everett: Downtown and vicinity • Kirkland: Central Kirkland/Houghton; Totem Lake and North Rose Hill; Juanita; and NE 85th Street • Lynwood: City Center • Puyallup: central business district (CBD) and certain areas south of the CBD • SeaTac: 154th Street and SeaTac/Airport Station Areas • Seattle: 39 neighborhoods or districts • Shoreline: Ridgecrest District • Tacoma: 17 mixed-use centers designated on the Generalized Land Use Plan and in the Comprehensive Plan Puget Sound Regional Council 4 84 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes October 28, 2014 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Joe Duffie, Chair; Dennis Robertson, Verna Seal Staff: Jack Pace, Evie Boykan, Derek Speck, Laurel Humphrey Guests: Omar Lee, South Center WA, LLC; Vanessa Zaputil, Resident CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Contract: Community Development Block Grant (CDBG) Funds for 2014 Minor Home Repair Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $125,000 in Community Development Block Grant funds for the 2014 Minor Home Repair Program. This program is administered by the Office of Human Services and provides home repair services to low and moderate income homeowners. Tukwila serves as the fiscal agent for the contract which also includes Des Moines, Covington and SeaTac. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 3, 2014 REGULAR CONSENT AGENDA. B. Resolution: Residential Targeted Area for Multi - Family Property Tax Exemption and Setting a Public Hearing Staff is seeking Council approval of a resolution that would state the City's intent to designate a portion of the Southcenter District as a "residential targeted area" for purposes of a mult- family property tax exemption program and to set a time and place for a public hearing. RCW 84.14 allows cities to exempt qualified multi - family housing from property taxes within certain "residential targeted areas" as an incentive for development and redevelopment. Councilmember Robertson raised questions about the timing of setting a public hearing on the matter prior to receiving a staff report and analysis. Staff reviewed the schedule on this item, noting that the Committee will be fully briefed on a proposed ordinance on November 12, prior to the November 24 public hearing set by this resolution. Setting of the public hearing date by resolution is a process spelled out in the RCW and recommended by the City Attorney. To provide clarity on this matter, the Committee requested two amendments as follows: Title: A Resolution of the City Council... stating the City's intent to ate consider a residential targeted area, etc. Section 1 The City of Tukwila intends to consider designating decfie that portion of the Tukwila Urban Center Transit Oriented Development Neighborhood, etc. 85 Community Affairs & Parks Committee Minutes October 28, 2014 - Page 2 Committee members and staff discussed the topic generally with the understanding that a detailed staff report will be provided on November 12 for further conversation. Ms. Zaputil encouraged the Committee to consider implications to other taxing authorities in the area. Mr. Lee spoke in favor of the proposal and asserted that if the City Council approves this designation he will be applying on behalf of the Washington Place development. Councilmember Robertson referenced the July 8 Finance and Safety Committee and July 14 Committee of the Whole discussions on fee options relevant to Washington Place and asked if other fee options would be brought to the Council. Staff stated that the traffic, parks and fire impact fees have been reduced as appropriate and as the Code allows. Councilmember Robertson requested copies of the relevant Code sections and documentation on the fee reductions. UNANIMOUS APPROVAL WITH REQUESTED AMENDMENTS. FORWARD TO NOVEMBER 3, 2014 REGULAR MEETING. III. MISCELLANEOUS Meeting adjourned at 6:33 p.m Next meeting: Tuesday, November 12, 2014, 5:30 p.m. �� °�' Committee Chair Approval Minu't s by LH, Reviewed by DS 86 1",„'"1.11r City of Tukwila Jim Haggerton, Mayor CITY ADMINISTRATOR REPORT The City of opportunity, the community of choice TO: Mayor Haggerton Councilmembers FROM: David Cline, City Administrator DATE: October 29, 2014 SUBJECT: Report for November 3, 2014 Regular Council Meeting The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Joyce met with the Superintendent, district liaisons and representatives from Global to Local and Forterra, to share information and learnings from the Community Connector program, so that the District can determine if a similar model would be beneficial in helping their family outreach efforts. • Joyce also met with Dr. Thelma Jackson who facilitated the School District's Strategic Planning efforts, to share information and common objectives. • Joint City Human Service Planners /Planning Meeting: On October 22, Evie and Jack participated in a joint city human service planners /planning staff meeting to hear about Public Health's Healthy Housing work, PSRC's housing element guide and workplan. Discussion continued on building a greater sub - regional voice as it relates to poverty impacted suburban cities. Brookings Institute Elizabeth Kneebone, co- author of the book on suburban poverty will be in town on November 4 and 5 to share updates of their work. • King County Joint Review Committee: Evie participated in the King County Joint Review Committee looking at recommendations for funding housing, shelter and emergency services. The proposed state legislative agenda for 2015 was also discussed. II. Community Events • Seatown Classic Lacrosse Event: Starfire Sports hosted the 3rd annual Seatown Classic Lacrosse match. Mayor Haggerton and several City Councilmembers attended the event where Mayor Haggerton dropped the ceremonial ball to start the match. Project Development Manager Joyce Trantina performed the National Anthem. • Report Back Community Meeting: On October 29 City staff, Alma Villegas of Global to Local and Becca Meredith of Forterra hosted a Latino Community Report Back event at Showalter. About 40 residents, including some Council members, participated and received updates on the City's Comprehensive Plan, learned about City departments and processes, and were encouraged to become more engaged in City activities and projects. Table discussions were led by the City's Latino Community Connectors. Similar events for the Somali, Burmese /Arabic /Amharic and English- speaking communities will be held in November. 87 City Administrator Report Page 2 • Gully Gardens Dedication: Approximately 40 people, including staff, Councilmembers, Park Commission members, family and neighbors attended the dedication of the pea patch at Riverton Park to becoming Gully Gardens. The event honored Paul and Betty Gully and their contributions to Tukwila. • TCC and Foster Golf Links Power Outaqes: A power outage occurred from the evening of Saturday (10/25) until late Sunday morning (10/26). Two rentals at Community Center on Saturday had to end early and two rentals on Sunday had to cancel. The power outage impacted Jazz night at Billy Baroo's and delayed opening on Sunday. There was minimal impact to golfers, although a large tree came down on the golf course. III. Staff Updates Public Safety • Pre - Filinq Diversion Proqram: The City's pre - filing diversion program will commence November 1, 2014 offering first time offenders, primarily for Theft 3 charges, an alternative to the criminal justice process. Friendship Diversion Services will oversee the program at no cost to the City. Project Updates • Office of Public Defense Grant Award: The City has been awarded a grant in the amount of $23,400 from the Office of Public Defense to help offset the increased program costs. Grant funds must be utilized for interpreter services, investigative services, social services and increased compensation. • Tukwila Villaqe - Kinq County Library and Buildinq D: The permit application for the construction of a six (6) story mixed use apartment building containing 68 dwelling units with parking underneath and commercial tenant lease space has been submitted. The KC Library submitted their response this week to the city's correction letter dated November 22, 2013. The applicant has not yet responded to the city's structural consultants letter /comments dated July 18, 2013. • Development Aqreement - 90 Andover Park East: Tukwila TSD LLC has applied for a development agreement for a new five -story hotel at 90 Andover Park East with over 90 guest rooms that would require the shared use of the right -of -way of Christensen Rd. The developer proposes to add parking spaces within the undeveloped right -of -way area adjacent to the hotel site and to reconfigure existing spaces to increase the number of parking spaces that would be shared for hotel use and the public for access to the Green River Trail. In exchange the developer will construct and maintain a public pocket park within the cul -de -sac area. 88 City Administrator Report Page 3 lh J 1111111111111111111111111111111111, 1lfliil1 /JJJ11111 � 11 0111,1�J11A17fi P ;f • Cowlitz Tribal Health Site -15455 65th Avenue South: The Cowlitz Tribe is working with a non - profit community design center to create a vision for an expanded facility at their site in Tukwila that would provide a broad range of activities and services. They serve all members of the tribal community, though their focus is on the Cowlitz Tribe. The next step is to develop a schematic design that they will bring in for a pre -app and then use for fundraising. • Briscoe /Desimone Levee: Additional levee slumping along the Desimone Levee (at the corner of Riverside Dr and Cascade Ave S) is raising concerns and causing the City of Kent to accelerate construction of the levee sheet pile wall project. Kent anticipates advertising the project in late November with construction anticipated to begin in January. This will be the first phase of this project with future phases that will include an emergency Army Corps project to reconstruct the levee toe and lay back the riverward slopes followed by a Kent project to complete the plantings and install the trail. All work is planned for completion in 2015. Due to the known damages at this location, the City of Kent is working with the Army Corps, King County Flood District, and Tukwila to develop an emergency response plan that can be implemented in the event of additional damage to the levee prior to completion of the sheet pile wall. • Operational Updates: o On Saturday night October 25 a heavy windstorm caused power outages from the East Marginal /Boeing Field vicinity into the central Interurban corridor affecting 19 traffic signals. Crews switched batteries at major intersections to keep the traffic lights operating from Boeing Access Road southerly along the major arterial and detour routes. o Late Saturday night high winds broke a large double -trunk cedar at South 152nd Street, Police Department closed Macadam Road while Public Works crews removed the tree from the intersection with a backhoe. o 3 sewer pump stations were affected by the power outage while sewer personnel spent time troubleshooting a malfunctioning backup generator to avert a high wet well overflow before power was restored Sunday morning. 89 90 Upcoming Meetings & Events November 2014 3rd (Monday) 4th (Tuesday) 5th (Wednesday) 6th (Thursday) 7th (Friday) 8th (Saturday) > Civil Service Commission, 5:00 PM (Hazelnut Conference Room) D Utilities Cmte, 5:15 PM (Foster Conference Room) City Council Regular Mtg., 7:00 PM (Council Chambers) > Finance & Safety Cmte, 5:30 PM (Hazelnut Conference Room) $,* Arts Commission, 5:00 PM (Community Center) D Library Advisory Board, 7:00 PM (Community Center) D Equity & Diversity Commission, 5:15 PM (CR #3) Council Chat 10:00AM to 12:00 Noon Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila. Foster Golf Links Clubhouse (/3500 Interurban Ave S) General Election VOTE! El 10th (Monday) 11th (Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) Transportation Cmte, 5:15 PM (Foster Conference Room) > City Council Executive Session, 6:15 PM (Hazelnut Conference Room) D City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) Veterans Day City offices closed ,;6 +.* **V ,, ,••• t. *:•'-'' v ::;; ,,.,.. .10,1„_, • .. . '• ' , , tft 't y D Community Affairs & Parks Cmte, 5:30 PM (Hazelnut Conference ) Room > Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) > Tukwila Metropolitan Park District Board of Commissioners, 5:30PM SPECIAL DATE (Council Chambers) D COPCAB, 6:30 PM (Duwamish Conference Room) > Plaiming Commission, Cancelled Restore the Duwamish Shoreline Challenge 12:00 — 3:00 PM Meet at the Green River Trail @ BECU Campus (12770 Gateway Drive) For information visit: forterra,org/eyents Duwamish Hill Preserve Volunteer Restoration Project 10:00 AM — 1:00 PM (3800 S. 115th St.) For information visit www.forierra.orgjevents > Arts Commission: 1st Tues., 5:00 PM, 1 ukwila Community Center, Contact Stephanie Gardner at 206-767-2342. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. > Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf, Room. Contact Kim Gilman at 206-431-2187. > Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf Room. (A) Acceptance of the 2014 Emergency Management Performance Grant (Elt4PG). (B) Transition update and agreements for the Tukwila Pool Metropolitan Park District (TPMPD). (C) A resolution relating to streamlined sales tax mitigation. (D) Tax levy legislation. (E) Budget legislation. (F) Commitment letter to extend animal control contract for an additional two years. >COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Portman at 206-431-2197. > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206-433-1868. > Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. > Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. > Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson 01 206-767-2308. > Planning Commission/Board of Architectural Review: 4`h Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. 10-23-14 meeting cancelled. )Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf Room, >Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 591h Avenue S. Contact Joan Hernandez at 206-248-0260. >Tukwila Intl. Blvd. Action Cmte: 2nd Tues., 7:00 PM, 'Tukwila Community Center. Contact Chief Villa at 206-433-1815. Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room. (A) 2015 Annual Small Drainage Program - Consultant Selection and Aereement. (B) Water. Sewer and Surface Water Rates for 2015. (C) 2014 Overlay & Revair. 91 Tentative Agenda Schedule MONTH MEETING 1,= REGULAR MEETING 2" - COW. MEETING ,3 - REGULAR : "" MEETING 4 C.O. November 3 10 17 24 See agenda packet Unfinished Business: cover sheet for this 6:1.5 PM Tax Levy Legislation: week's agenda EXECUTIVE SESSION • An ordinance (November 3, 2014 levying the general Regular Meeting). Special Presentations: taxes for the fiscal Police Employee year commencing Recognitions: January 1, 2015. • Meritorious Service Awards • An ordinance • Certificates of increasing the Commendation regular property tax levy one percent Public Hearings: from the previous Tax Levy Legislation: year beginning An ordinance January 1, 2015, . on increasing the regular all property, both property tax levy one real and personal. percent from the Residential Rental previous year Licensing and beginning January 1, Inspection Program: 2015, on all property, both real and personal. • Ordinance clarifying and updating the Budget Legislation: program. • Changes to the • Resolution updating adopted 2013 -2014 the fee schedule. Budget. • 2015 -2016 Biennial Budget. • 2015 -2020 CIP. Special Issues: Tax Levy Legislation: (2) ordinances Budget Legislation: • Resolution adopting the 2015 -2020 CIP. • Ordinance amending the 2013 -2014 Budget. • Ordinance adopting the 2015 -2016 Biennial Budget. Residential Rental Licensing and Inspection Program: • Ordinance clarifying and updating the program. • Resolution updating the fee schedule. • Resolution setting the 2015 Public Works Fee Schedule for Water, Sewer and Surface Water Rates. 92