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Home My WebLink AboutREG 2016-12-05 COMPLETE AGENDA PACKETTukwila City Council Agenda • ❖ REGULAR MEETING ❖ Allan Ekberg, Mayor Counci /members: • :- Dennis Robertson • :- Verna Seal David Cline, City Administrator Kathy Hougardy • :- De'Sean Quinn Joe Duffie, Council President Kate Kruller • :- Thomas McLeod Monday, December 5, 2016; 7:00 PM • Ord #2515 • Res #1899 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. PROCLAMATION A proclamation proclaiming December 10, 2016 as "Seattle Sounders FC Pg.1 Spirit Day." 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 4. CONSENT a. Approval of Minutes: 11/21/16 (Regular) AGENDA b. Approval of Vouchers c. A resolution expressing the City Council's support for regional Pg.3 transfer of development rights and the City Council's willingness to consider, at the appropriate time, developing an Interlocal Agreement with King County to establish a Landscape Conservation and Local Infrastructure Program that includes transfer of development rights policies. [Reviewed and forwarded to Consentby the Committee of the Whole on 11128116.] d. Accept as complete the 2016 Overlay and Repair Program (contract Pg.9 #16 -070) with Lakeside Industries, Inc. of Kent; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $1,098,062.24). [Reviewed and forwarded to Consent by the Transportation Committee on 11/21/16.] e. Authorize the Mayor to sign an Interagency Agreement with King Pg.17 County for Baker Boulevard and Christensen Road non - motorized improvements. (Funding through $1,000,000 in King County grant funds) [Reviewed and forwarded to Consent by the Transportation Committee on 11/21/16.] f. Authorize the Mayor to sign Supplement #1 to contract #16 -053 Pg.55 with Transpo Group USA, Inc., for the ADA Transition Plan in the amount of $15,700 for a revised contract total of $43,500. [Reviewed and forwarded to Consent by the Transportation Committee on 11/21/16.] g. Authorize the Mayor to sign a contract with Summit Strategies Pg.63 Government Affairs, LLC, for 2017 -2018 federal and legislative services in an amount not to exceed $80,000 a year. [Reviewedand forwarded to Consent by the Finance and Safety Committee on 11122116.] h. Authorize the Mayor to sign a contract with Total Destination Pg.77 Marketing for branding for the City's day marketing campaign in an amount not to exceed $105,075. [Reviewed and forwarded to Consent by the Finance and Safety Committee on 11122116.] (continued...) REGULAR MEETING Monday, December 5, 2016 Page 2 4. CONSENT i. Authorize the Mayor to sign a contract with Kenyon Disend, PLLC, for Pg.117 AGENDA 2017 -2018 legal services in an amount not to exceed $46,436 per (cont.) month, plus expenses. [Reviewed and forwarded to Consent by the Finance and Safety Committee on 11122116.] j. Authorize the Mayor to sign a contract with Kirshenbaum & Goss, Pg.131 Inc., P.S., for 2017 -2018 public defender services in an amount not to exceed $32,600 per month. [Reviewed and forwarded to Consent by the Finance and Safety Committee on 11122116 J k. Authorize the Mayor to sign a contract with King County for Pg.147 Community Development Block Grant (CDBG) funds for the 2016 Minor Home Repair Program. [Reviewed and forwarded to Consentby the Community Affairs and Parks Committee on 11128116.] I. Authorize the Mayor to sign an amendment to contract #15 -156 with Pg.203 Forterra for services at Duwamish Hill Preserve in the amount of $7,500 for a revised contract total not to exceed $45,000. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 11128116.] m. Authorize the Mayor to sign a contract with B -Force Protection for Pg.219 park security services in the amount of $50,400. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 11/28/16.] n. Accept as complete the Urban Renewal /Motel Demolition Project Pg.231 (contract #15 -202) with Construction Group International, LLC, of Woodinville; authorize release of retainage, subject to the standard claim and lien release procedures (final cost of project, including retainage: $636,194.04). [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 11/28/16.) 5. UNFINISHED a. A resolution reaffirming Tukwila's commitment to being a diverse, Pg.239 BUSINESS tolerant and inclusive City. b. Budget legislation: Pg.251 (1) An ordinance adopting the biennial budget for the 2017 -2018 Pg.253 biennium. (2) A resolution adopting the 2017 -2022 Financial Planning Model Pg.257 and the Capital Improvement Program for general government and the City's enterprise funds. c. A resolution accepting the donation of certain real property to the Pg.259 City of Tukwila by Gregory S. Sarantos and Peter Sarantos. d. Authorize the Mayor to sign a non - binding statement of intent to Pg.269 enter into an Interlocal Agreement with Regional Animal Services of King County (RASKC) beginning January 1, 2018 (based on Agreement in Principle dated September 1, 2016). Please refer to 11128116 C.O. W. packet. Q (continued...) REGULAR MEETING Monday, December 5, 2016 Page 3 5. UNFINISHED e. Code changes: Pg.271 BUSINESS (1) An ordinance updating regulations regarding surface water Pg.273 (cont.) management, establishing a new section entitled "Trash and Waste Receptacles." (TMC Title 14) (2) An ordinance related to low impact development requirements, Pg.281 establishing two new sections entitled "Permit Application Requirements" and 'Seasonal Limitation Period." (TMC Title 16) (3) An ordinance implementing low impact development Pg.291 requirements in the design and review of surface water drainage on development projects. (TMC Titles 8 and 18) f. An ordinance to update Tukwila's Residential Rental Business License Pg.309 and Inspection Program requirements. g. Affordable housing legislation: Pg.317 (1) An ordinance reducing development and land use fees for Pg.319 certain affordable housing projects as codified in Tukwila Municipal Code Chapters 16.04, 16.54 and 18.88. (2) An ordinance establishing regulations for a residential impact Pg.325 fee deferral to be codified in Tukwila Municipal Code Chapters 9.48, 16.25 and 16.28. 6. NEW BUSINESS a. Authorize the Mayor to sign a 2017 -2018 lease agreement with Pg.339 Alliance One Receivables Management, Inc., for use of space in the Municipal Court in the amount of $900.00 per month paid to the City of Tukwila. b. Authorize the utilization of Lodging Tax Funds for Seattle Pg•349 Sounders FC events in the amount of $30,000. 7. REPORTS a. Mayor b. City Council c. Staff - City Administrator Report Pg.351 d. City Attorney e. Intergovernmental S. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is ADA 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 agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped (available at www.tukwilawa.gov) 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 5 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. CITIZEN COMMENTS At each Council meeting, citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes. SPECIAL MEETINGS /EXECUTIVE SESSIONS 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 as prescribed by law. Executive Sessions are not open to the public. 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: 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 that 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 MEETING SCHEDULE 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. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. WHEREAS, the City of Tukwila is proud to be the home of Seattle Sounders FC's training facility at Starfire Sports; and WHEREAS, Seattle Sounders FC, which started MLS play in 2009, has set MLS records for average attendance and has led the league in season ticket sales; and WHEREAS, Seattle Sounders FC has qualified for the MLS Cup Playoffs in each of its first eight seasons; and WHEREAS, Seattle Sounders FC has deep ties to our community and provides strong, positive role models for the young people in Tukwila; and WHEREAS, on December 10, 2016 the Seattle Sounders FC will play Toronto FC for the MLS Cup at BMO Field in Toronto; WHEREAS, the community of Tukwila strongly supports our hometown team, Seattle Sounders FC, and wish them success in bringing home the first ever MLS Cup to Washington State; NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby proclaim Saturday, December 10, 2016 as: Seattle Sounders FC Spirit Day in the City of Tukwila and strongly encourage all community members to join me in cheering on Seattle Sounders FC in the MLS Cup. Furthermore, I urge community members to wear their Seattle Sounders FC attire and colors as we support our hometown team. Presented this Sch date of Denemher_ 2016_ COUNCIL AGENDA S YNopsis Inilials Meeting Date Prepared by V IT qyo ff ��uu` review 4 11/28/16 LM Resolution t g Date 1215116 ❑ Ordinance Mtg Dale 12/05/16 LM ❑ Other Mt g Dale SPONSOR ❑ Council ❑ Mayor [:] HR DCD [:] Finance [].Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S The resolution expresses Council support for TDRs and their willingness to consider, at the SUMMARY appropriate time, developing an interlocal agreement with King County to establish a Land Conservation and Local Infrastructure Program. Approving the resolution does not commit the City to implementing a LCLIP, but provides King County with a signal of the City's interest and initiates the 180-day notice required before the City could adopt a LCLIP program. REVIEWED BY ❑ cow Mtg. CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11/14/16 COMMI'l-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm"FIT"t" Community Affairs and Parks COST IMPACT / FUND SOURCE ExPi,"NDITUR],', REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 ITEM NO. 4.C. I 3 STAFF SPONSOR: LYNN MIRANDA ORIGINAL, AGF1ND,\DATE: 11/28/16 AGENDA Ii,i-'m Tri,i.j..� Resolution in support of regional transfer of development rights (TDR) as part of a Landscape Conservation and Local Infrastructure Program (LCLIP) CATFIGORY M Discussion Mt g Date 11128116 ❑ motion Mig Dale Resolution t g Date 1215116 ❑ Ordinance Mtg Dale N.BidAward Al g Dale ❑ Public.ffeariogp Mt g Date ❑ Other Mt g Dale SPONSOR ❑ Council ❑ Mayor [:] HR DCD [:] Finance [].Fire ❑ TS ❑ P&R ❑ Police ❑ PIF SPONSOR'S The resolution expresses Council support for TDRs and their willingness to consider, at the SUMMARY appropriate time, developing an interlocal agreement with King County to establish a Land Conservation and Local Infrastructure Program. Approving the resolution does not commit the City to implementing a LCLIP, but provides King County with a signal of the City's interest and initiates the 180-day notice required before the City could adopt a LCLIP program. REVIEWED BY ❑ cow Mtg. CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11/14/16 COMMI'l-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm"FIT"t" Community Affairs and Parks COST IMPACT / FUND SOURCE ExPi,"NDITUR],', REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 Forward to next Regular Meeting 12/5/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/08/16 Resolution (Minor wording change to page 1 of Resolution after CAP) Minutes from the Community Affairs and Park meeting of 11/14/16 12/5/16 Resolution 3 El City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING THE CITY COUNCIL'S SUPPORT FOR REGIONAL TRANSFER OF DEVELOPMENT RIGHTS AND THE CITY COUNCIL'S WILLINGNESS TO CONSIDER, AT THE APPROPRIATE TIME, DEVELOPING AN INTERLOCAL AGREEMENT WITH KING COUNTY TO ESTABLISH A LANDSCAPE CONSERVATION AND LOCAL INFRASTRUCTURE PROGRAM THAT INCLUDES TRANSFER OF DEVELOPMENT RIGHTS POLICIES. WHEREAS, the Tukwila Comprehensive Plan contains goals to implement regional growth management strategies to help reduce sprawl, including goals that support the preservation of open space, encourage coordination with other jurisdictions, and support incentive programs to achieve these goals; and WHEREAS, the Washington State Growth Management Act ("GMA"), RCW 36.70A, establishes a policy of directing development density into urban areas and discouraging development of rural land; and WHEREAS, the GMA encourages the conservation of productive forest and agricultural lands and the retention of open space to conserve fish and wildlife habitat and enhance recreational opportunities; and WHEREAS, the GMA requires counties to adopt county-wide planning policies in cooperation with cities; and WHEREAS, the City of Tukwila ("City") ratified the Countywide Planning Policies for the County; and WHEREAS, the Countywide Planning Policies call for programs and regulations to protect and maintain the rural character of farm and forest lands and direct growth to cities and urban centers; and W:\Word Processing\Resolutions\Support for TDR and LCUP 11 -29 -16 Page 1 of 3 NG:bjs WHEREAS, the City recognizes the importance of working with the County to reduce sprawl and protect lands important to salmon habitat, farmlands, and forestlands and other rural open space by encouraging development in designated urban centers, while funding and creating urban infrastructure necessary to foster livability in growing urban communities; and WHEREAS, inter jurisdictional Transfer of Development Rights ("TDR") is an important tool that can help the City and the County achieve these goals; and WHEREAS, in 2011, the Washington State Legislature approved, and the Governor signed, ESSB 5253, also called the Landscape Conservation and Local Infrastructure Program ("LCLIP", RCW 39.108); and WHEREAS, LCLIP is a new tool for cities and counties to partner on a program that links regional TDR with local infrastructure financing; and WHEREAS, under LCLIP, in exchange for the City receiving TDR credits from rural and resource lands for increased urban development, the County would partner with the City to help fund City infrastructure investments and public improvements to support the new growth by sharing a portion of the County's property tax revenue with the City; and WHEREAS, the City collaborated with the County on a National Estuaries Program grant to pay for consultant studies to evaluate implementing regional TDR and the economic feasibility of LCLIP and other financing tools to fund infrastructure needed to support growth in Southcenter, Tukwila's designated urban center, and the Tukwila International Boulevard District and Tukwila Valley South areas; and WHEREAS, the consultant analyses indicated that the LCLIP tool may be useful to generate additional revenue for such infrastructure and amenities, and that the projected benefits of the LCLIP tool depend on a variety of factors and choices; and WHEREAS, any future TDR/LCLIP interlocal agreement between the City and the County should include funding from the County for public amenities in the City's neighborhoods that accept rural development rights for greater development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council supports the concept of regional Transfer of Development Rights (TDR). Section 2. The City Council supports considering, at the appropriate time as determined by criteria established collaboratively by the City and the County, establishment of a Transfer of Development Rights (TDR) Landscape Conservation and Local Infrastructure Program (LCLIP) through which developers in the City would receive development incentives in exchange for the purchase of Transferable Development Rights originating from rural and resource areas, and the City would receive funding for infrastructure. The terms of the TDR LCLIP would be specified in an interlocal agreement WAWord Processing\Resolutions\Support for TDR and LCLIP 11-29-16 Page 2 of 3 NG:bjs between the City and the County, which could be executed by the City and the County prior to the commencement of the LCLIP program so LCLIP could begin promptly at the appropriate time as determined through established criteria. Section 3. This resolution serves as notice from the City to the County that, after 180 days of the effective date, the City may hold a public hearing to consider the adoption of LCLIP, pursuant to RCW 39.108.120(1)(a). PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this - day of 12016. ATTEST/AUTH ENTI CATE D: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Joe Duffle, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: WAWord Processing\Resolutions\Support for TDR and LCLIP 11-29-16 NG:bjs Page 3 of 3 COUNCIL AGENDA SYNOPSIS Initials Meefin ,g Date Pre bY M vie),v Council review 12/05/16 BG ❑ Resolution Aft ,g Date F-1 Ordinance ,g Date Mt ❑ Bic/Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Eire ❑ IT ❑ P&R ❑ Police E PV SPONSOR'S The contract with Lakeside Industries, Inc. of Kent, WA is complete for the 2016 Overlay & SUMMARY Repair Program. This contract improved the roadway at nine locations throughout the City and a portion of the parking lot at Fort Dent Park. Construction began June 14, 2016 and was completed on August 12, 2016. No change orders were issued and under-runs credited ($179,894.56). Council is being asked to accept and finalize the contract with Lakeside Industries for $1,098,062.24. REVIEWED B Y R cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/21/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMI'I'IT,E Majority Approval; Forward to Regular Consent Agenda COST IMPACT/ FUND SOURCE ExPENDi'f uRF, RF,QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,098,062.24 $1,360,000.00 $0.00 I MTG. DATE RECORD OF COUNCIL ACTION 12/OS/16 ITEM INFORMATION ITEMNO. CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATL: 12/05/16 AGII.NDA ITEM Trri,f," 2016 Overlay & Repair Program Project Completion and Acceptance CXIT"GORY F-1 Discussion Mtg Date Motion Mt ,g Date 12105116 ❑ Resolution Aft ,g Date F-1 Ordinance ,g Date Mt ❑ Bic/Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Eire ❑ IT ❑ P&R ❑ Police E PV SPONSOR'S The contract with Lakeside Industries, Inc. of Kent, WA is complete for the 2016 Overlay & SUMMARY Repair Program. This contract improved the roadway at nine locations throughout the City and a portion of the parking lot at Fort Dent Park. Construction began June 14, 2016 and was completed on August 12, 2016. No change orders were issued and under-runs credited ($179,894.56). Council is being asked to accept and finalize the contract with Lakeside Industries for $1,098,062.24. REVIEWED B Y R cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/21/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMI'I'IT,E Majority Approval; Forward to Regular Consent Agenda COST IMPACT/ FUND SOURCE ExPENDi'f uRF, RF,QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,098,062.24 $1,360,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PG 18, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/OS/16 MTG. DATE ATTACHMENTS 12/05/16 Informational Memorandum dated 11/18/16 State of WA Department of Revenue Notice of Completion 16-070 Minutes from the Transportation Committee meeting of 11/21/16 2 W TO: FROM CC: DATE: City of Tukwila Allan Ekberg, Mayor Public Works Department -Bob Giberson, Director Transportation Committee Bob Giberson, Public Works Directod?_/ David Sorensen, Project Mamagey Mayor Ekberg November 18, 2016 SUBJECT: 2016 Overlay and Repair Program Project No. 91610401,Contract No. 16-070 Project Completion a0d Acceptance ISSUE Accept contract Racomplete and authorize release of retainage. BACKGROUND The Notice to Proceed for Contract No. 16-070 with Lakeside Industries, Inc. of Kent, Washington was issued on June 14'2O16 for the 2O16 Overlay and Repair Project. ThiGovedayp jectprVvdodhotmix asphalt (HMA) paving at nine locations throughout the City and a portion of the parking lot at Fort Dent Park. The street improvements included; paving, removing and replacing concrete curbs, gutters, sidewalks and ADA ramps, installing traffic loops and junction boxes, adjusting surface utilities to grade, and installing roadway ChaOD8|iZ8tiOO. ANALYSIS Construction was physically completed on August 12, 2016. No change orders were executed. Asphalt quantities and pavement repairs were less than expected, allowing Minkler Boulevard to receive a complete overlay in lieu of the planned pavement repairs. Het@inage of $54,903.12 is being withheld. The budget for the 2016 Overlay & Repair construction was $1,360,000.00 and included a 5% contingency, which was not utilized. Construction Contract Amount $1,277.958.80 UOd8FnUDS Total Amount Paid S_tJQ2U62.24 RECOMMENDATION Council is being asked to formally accept and authorize the release of the retainage, subject to standard claim and lien release procedures, for the 2016 Overlay and Repair Project vvkhL8k8Side Industries, Inc. in the final amount Of $1'098.062.24 and consider this item on the Consent Agenda at the December 5'2O16 Regular Meeting. Attachment: Notice of Completion Contract No. 16-070 wAPwsng\pROJEcTSmmvanoproj"tsmnnual Overlay aRepair Progr=s\2oo Overlay uRepair Out wrmooc"mrmmm Memo 20m Overlay Closeout nm16wuocx 12 STATg 1889 M Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: August 5, 2016 Contractor's UBI Number: 601 - 106 -847 s ,� eVW" b b.,. Ad r'a ,,,. ya ,. ,,M,. i +�✓� i ,r„M � -,.�:. „.y., ,�.., rx,riMu rw w,,.,�4^1 ^� ,xsd n'•SV x 4 � ", 2,. f / ✓r,rr X,,: � '�4 rt;. �f ,� 1 r . ✓f,4 n✓ �,{ ". 1" n';t'ar vr,y�,"If ,+rh t_�Fi' r,i ?'iF'!.,,'i "�1 r"! 'o; p/dV"v : �h'.3 �t l rr „l�.".a paS"�' � , °,, „k.P1,r,�,A�W. �;r�, mn,.,_.,. », „:,:��. �,,,...�..�g:..:.,,,M� »,.r„ nx„^Hr,;.Jw,bw.,., ,,, i.r�.g �.�, y, .:.x..,,:, i ,,::.: i, k.:, rxa+„ r. s�� -0��::rr��tt,t��+�fa�^ld:na�^aMp ..��u., .�nha r �n�.,.t ,Y 4,rfi.u,�76 . r✓.xr�,r. �(,�xa..o.,., City of Tukwila Assigned to: 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned: UBI Number: 91- 6001519 Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number Job Order Contracting City of Tukwila 2016 Overlay Program #91610401 116-070 Yes [� No El r Description of Work Done /Include Jobsite Address(es) Hot Mix Asphalt (HMA) Overlay at the following locations: S 130th Street, 48th Ave S, Interurban Ave S, 52nd Ave S, Fort Dent Way, Minkler Boulevard, Andover Park E, Fort Dent Park, and S 144th Street. Federally funded transportation project? ❑ Yes d No (if yes, provide Contract Bond Statement below) Contractor's Name E -mail Address Affidavit ID* Lakeside Industries, Inc. Craig .Nickel @Lakesidelndustries.com 674247 Contractor Address Telephone # PO Box 7016 Issaquah, WA 98027 (425) 313 -2600 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. ❑ Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 5/16/2016 6/15/2016 8/18/2016 Were Subcontracters used on this project? If so, please complete Addendum A. Of"Yes ❑ No Affidavit ID* - No L &I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Sales Tax Rate 0 % (If various rates apply, please send a breakdown) Sales Tax Amount $ 1,277,956.80 $ 0.00 $ 179,894.56 $ 1,098,062.24 /•: 1• Liquidated Damages $ 0.00 Amount Disbursed $ 1,043,159.12 Amount Retained $ 54,903.12 I V"IG.- -1 It V3 C, IWU 1111 It ritti3t UC Cl /tItit TOTAL $ 1,098,062.24 i_t r C. e, C—Z- - o v, � Note: The Disbursing Officer must submit this,Impleted notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: Diane.Jaber @TukwilaWA.gov IQ Department of Revenue Washington StateDepamnent of C Public Works Section Labor & Industries (360) 704 -5650 Contract Release PWC @dor.wa.gov (855) 545 -8163, option # 4 ContractRelease@ LN I. WA. GOV REV 31 0020e (10/26/15) F215 -038 -000 10 -2014 Title: Fiscal Specialist Phone Number: (206) 433 -1871 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902 -9450 publicworks @esd.wa.g T3 Addendum A: Please List all Subcontractors and Sub-tiers Below This addendurn can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: U131 Number: (Required) Affidavit ID"': A & R SAWING & DRILLING CO 601514268 657710 BEST PARKING LOT CLEANING INC 601901928 660899 BROTHER'S TRUCKING L.L.C. 602506532 661327 C & E TRANSPORT CORP 602408510 663713 CASCADE UTILITY ADJUSTING LLC 603407046 672708 CORLISS RESOURCES INC 602237779 675398 GROUND UP ROAD CONST INC 602790246 674709 LAKERIDGE PAVING CO L L C 601592135 660160 MOBY'S 24-HR ST SWPNG SVCS INC 603358194 661278 NORTHWEST SWEEPING 602609350 669278 PIONEER CABLE CONTRACTORS INC 600464'320 67015 SILVERSTREAK INC 600432781 657693 STRIPE RITE INC 601048084 665610 TIGER MOUNTAIN RENTAL, LLC 601720071 660161 WILSON CONCRETE CONST INC 602168956 678707 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the [��ashington elay Service by calling 711. LIU1 31 0020e Addendum (10/26/15) F215-038-000 10-2014 TRANSPORTATION COMMITTEE • . f - 1 • City Council Transportation Committee Meeting Minutes November 21, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Verna Seal, Acting Chair; Joe Duffie, {Absent: Dennis Robertson) Staff: David Cline, Bob Giberson, Dave Sorensen, Jaimie Reavis, Robin Tischmak, Gail Labanara, Moira Bradshaw, Jack Pace, Laurel Humphrey CALL TO ORDER: Acting Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. Americans with Disabilities Act Transition Plan Update Staff presented the draft ADA Transition Plan prepared by the Transpo Group. The Plan, a federal requirement, addresses accessibility within the public right -of -way and will next undergo a 30 -day public comment period before returning to Council for consideration and adoption. INFORMATION ONLY. B. Supplemental Agreement: Americans with Disabilities Act Transition Plan Staff is seeking Council approval of Supplemental Agreement No. 1 with Transpo Group USA, Inc. in the amount of $15,700.00 for continued support through the public comment stage and final editing. If approved, the contract will be extended through April 1, 2017. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. C. Interagency Agreement: Baker Boulevard Non - Motorized Improvements Staff is seeking Council approval of an interagency agreement with King County to accept $1 million for the City to complete the Baker Boulevard and Christensen Road segments of the TUC /TOD Pedestrian Improvements. This will construct buffered bike lanes in each direction along Baker Boulevard, reduce vehicular travel lanes from four to three, and add a minimum 12 -foot wide side path along Christensen Road. There is no match required for this King County grant. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. D. Proiect Completion: 2016 Overlav and Repair Program Staff is seeking Council approval of project completion and release of the retainage bond to Lakeside Industries, Inc. in the amount of $1,098,062.24forthe 2016 Overlay and Repair Project. This project provided hot mix asphalt paving at nine locations and a portion of the parking lot at Fort Dent Park. Construction was completed on August 12, 2016. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 15 16 COUNCIL AGENDA SYNOPSIS ----------------------------- - - - - -I nitiaL Meeting Date Prep—d by M , or IX review Council review 12/05/16 BG ITEM INFORMATION ENO 17 ISTAFF SPONSOR: BOB GIBERSON ORIGINAL. AGENDA DATE: 12/05/16_ AGENDA ITEM TITLE Baker Blvd Non-Motorized Improvements Interagency Agreement with King County CATEGORY ❑ Discussion Mtg Date Z Motion Mt Date 12109116 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ BidAward Mtg Date ❑ Public Hearing Mtg Date F-1 Otber ,g Date Mt SPONSOR ❑ Council ❑ Mayor [:] HR ❑ DCD [:] Finance ❑ Eire ❑ IT ❑ P&R [:] Police ❑ PW1' SPONSOR'S King County has proposed to financially partner with Tukwila to complete the Baker SUMMARY Boulevard and Christensen Road Non-Motorized Improvements. King County will fund $1 million, with no City match, for buffered bike lanes in each direction along Baker Blvd, reducing the vehicular travel lanes from four to three, and a 12 foot side path along Christensen Rd. Council is being asked to approve the King County Department of Natural Resources and Parks Interagency Agreement with funding of $1,000,000. R,VII,WI D BY ❑ cow Mtg. F-1 CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/21/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department/DCD COMMITTEE Majority Approval; Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,000,000.00 $1,000,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 15, PROPOSED 2017 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 MTG. DATE ATTACHMENTS 12/05/16 Informational Memorandum dated 11/18/16 Page 15, Proposed 2017 CIP TUC/TOD Pedestrian Improvement Segments Draft King County Dept of Natural Resources & Parks Interagency Agreement Minutes from the Transportation Committee meeting of 11/21/16 17 IN City of Tukwila Allan Ekberg, Mayor •' X Uffiff• •' TO: Transportation Committee FROM: Bob Giberson, Public Works Director . BY: Moira Bradshaw, Senior Planner CC: Mayor Ekberg DATE: November 18, 2016 SUBJECT: Baker Blvd Non - Motorized Improvements CIP Project No. 91610409 Interagency Agreement with King County ISSUE Approve an Interagency Agreement between King County and the City where the County grants up to $1 million for the City to complete the project segments of the TUC/TOD Pedestrian Improvements. BACKGROUND On July 18, 2016, staff briefed Transportation Committee on the various funding proposals that are being pursued to complete this pedestrian and bicycle corridor between Tukwila Station and the Southcenter Connection. The TUC/TOD Pedestrian Improvements are being completed via several individual projects and segments (see Attachment B). King County has proposed to financially partner with Tukwila to complete the Baker Boulevard and Christensen segments. This will not only provide a non - motorized trail, but also breaks -up one of the "super blocks" in Southcenter, which has been a long term City goal. King County Department of Natural Resources and Parks has a vision of connecting its regional trail system with the region's designated urban centers. DISCUSSION Attachment C is a draft Interagency Agreement for $1 million of King County Parks Levy funds to the City to construct the Baker Blvd improvements. The project consists of buffered bike lanes in each direction along Baker Boulevard, reduction of the number of vehicular travel lanes from four to three (one in each direction and a center turn lane) and a minimum 12- foot -wide side path along Christensen Road (see Exhibit F within Attachment C). FINANCIAL IMPACT This grant for $1 million from King County requires no City match. RECOMMENDATION Council is being asked to approve the Interagency Agreement between King County and Tukwila for the Baker Blvd Improvements in the amount of $1 million and consider this item on the Consent Agenda at the December 5, 2016 Regular Meeting. Attachments: Attachment A: Page 15, 2017 Proposed CIP Attachment B: TUC/TOD Pedestrian Improvement segments Attachment C Draft King County Department of Natural Resources and Parks Interagency Agreement ZADCD & PW1Walk and RoltSouthcenter to Station Trafinto Memo Baker Blvd KC Parks Levy 111816 gl sb.docx 19 20 FINANCIAL Through Estimated EXPENSES ATTACHMENT A CITY OF TWKWILA CAPITAL PROJECT SUMMARY 2017 to 2022 PROJECT: Baker Blvd Non-Motorized Improvements Project No. 81610409 Design and construct non-motorized improvements on Baker Blvd from Andover Park West to Christensen Rd, DESCRIPTION: including bike lanes with a proposed road diet. Project will also construct previously designed non-motorized improvement on Christensen Rd from Baker Blvd to the Green River trail. JUSTIFICATION: Improve non-motorized connections between the Tukwila Transit Center and Tukwila Station. STATUS: New project for the 2O17-2O22C|P. K0/UNl[|D0P4CT: Minimal impact, project includes new sidewalk trail and pavement markings. Project is a component of the TUC/TOD Pedestrian Improvements. Grant funding by the King County Dept COMMENT: of Natural Resources and Parks. FINANCIAL Through Estimated EXPENSES Design 100 100 Const. Mgmt. 120 120 Construction 780 780 TOTAL EXPENSES 0 01 1,000 0 01 01 01 01 01 1,000 FUND SOURCES Awarded Grant 0 King County 1,000 1,000 Mitigation Actual 0 Traffic Impact Fees 0 2o/7-2u22 Capital Improvement Program 15 21 22 TUC /TOD Pedestrian Improvements Attachment B P � uk fa Station Tukwila`s Connection The Trail is made up of six segments and they are ordered from west to east and are labeled by the street and or trail name. Baker Boulevard Non - Motorized Improvements Road diet to create dedicated bike lanes and upgrade curb ramps to meet current ADA standards (designed) King County DNR partnership for construction - using levy funds. Christensen Road I Buffered shared use trail (designed) King County DNR partnership for construction - using levy funds. Z?DCD & P1MWalk and Rot!\Southcenter to Station Trait,TUCTOD Ped Improvements Graphic 71816 dncx Page 1 of 2 July 13, 2 016 Green River Trail Regional trail widened from 8 to 10 feet with 2 foot shoulders and improved with illumination and pedestrian amenities (engineered and permitted). Delayed in order to avoid project area overlap with TUC Pedestrian Bridge construction /contractor (need $690K for construction). TUC Pedestrian /Bicycle Bridge Twin -tied arch bridge (16 feet) connecting Green River Trail to West Valley Hwy sidewalk. (Construction awarded, completion in 2017). West Valley Highway Non - Motorized Improvements Segment 1 West edge: Proposed buffered 12 -foot shared use path (Partially designed, additional design and construction funding has been recommended through PSRC countywide process). Longacres Way Segment 2: Proposed buffered 8 -12 foot shared use path (design funds have been recommended through the PSRC countywide process; need construction funding). Z DCD & Pt Valk and ROIFsouthceater to Sta Trai!1TUCTOD Ped Improvements Graphic 7 1 &_:&docx Page 2 of 2 July 13, 2016 ATTACHMENT C Interagency Agreement Between King County Parks and Recreation Division and City of Tukwila forthe Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road This Interagency Agreement is made between King County, a political subdivision of the State of Washington ( "the County ") and the City of Tukwila, a municipal corporation in the State of Washington, ( "City ") regarding design, construction of improvements, operation, and maintenance of two portions of the City's right -of -way known as Baker Boulevard and Christensen Road. The County and the City are collectively referred to as "the Parties." RECITALS A. The Green River Trail ( "Trail ") is owned and operated by the City. The Trail is a longstanding and popular facility for multiuse recreation and active transportation in south King County and is part of the Regional Trails System in King County. The Trail traverses Tukwila north to south generally along the west bank of the Green River. To the north the Trail connects with other similar facilities and bicycle and pedestrian routes to the City of Seattle. To the south, the Trail connects to the cities of Kent and Auburn. In conjunction with other intersecting regional trails and bicycle and pedestrian routes, the Trail offers access to locations throughout the Green River Valley and the cities of Renton and SeaTac. Tukwila Station, a regional transit center, is located east of the Trail offering access to high- capacity transit, including Sound Transit's Sounder Commuter Rail service, Amtrak, and King County Metro's RapiclRide bus service. The designated Tukwila Regional Growth Center at Southcenter encompasses the Tukwila Central Business District and includes the limits of this project as well as Tukwila Station and the Tukwila Urban Transit Center, which are more directly connected by this project. B. The Regional Trail System is a network of facilities for nonmotorized recreation and transportation, providing a valuable transportation asset for the region. Establishing purposeful connections between regional trails and regionally significant destinations throughout King County is an important goal for the County. In 2014, the County completed the Regional Trails System Mobility Connections study that recommended connections between the Regional Trail System and several civic centers, transit centers, and Puget Sound Regional Council- designated Regional Growth Centers within King County. The intent Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 1 25 of this study was to identify improvements that would increase bicycle and pedestrian access between the trails network and these destinations by using streets or other public rights -of -way to create priority connections. C. The County launched the Regional Trails Mobility Connections strategy in conjunction with the 2014- 2019 King County Parks, Trails, and Open Space Replacement to ensure safe and direct connections for bicyclists and pedestrians from the Regional Trails System to urban communities. This strategy seeks to extend the benefits of the regional trails in urban areas, increase mobility and travel options while decreasing the need for automobile parking and other costly infrastructure. It encourages alternatives to driving, reduces traffic congestion, and improves air quality. It promotes physical activity and encourages economic development and sustainability. D. In 2016, the County completed a Tukwila Mobility Connections concept plan, which recommended connections to promote bicycling and walking between the Trail, the Tukwila Sounder Station, the Tukwila Regional Growth Center ( Southcenter), and the Tukwila Urban Transit Center. The City has also identified the connections as important nonmotorized routes and part of the City's proposed Station to Southcenter Trail. The location of these connections between the Green River Trail and Southcenter is shown in Exhibit A. The conceptual improvements identified in the Tukwila Mobility Connections concept plan and associated designs for this area are identified in Exhibits B through F. These improvements are collectively referred to as "the Mobility Project ". The Parties are working cooperatively to implement the Mobility Project. The Parties intend by this Agreement to establish their respective rights, roles and responsibilities related to the Mobility Project. NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties mutually agree as follows: AGREEMENT 1. Scope. The scope of this interagency agreement is limited to design, construction of improvements, maintenance, and operation of the Mobility Project. a. Design and Permitting. (i) The County has performed a preliminary assessment of the condition of Baker Boulevard and has recommended improvements to increase safety, convenience and connectivity for bicyclists and pedestrians on these streets. The County's recommendations for improvements to Baker Boulevard are described in Exhibit B and reference the City's current street plans, shown in Exhibit C. The County's recommendations are shown in Exhibit D as preliminary concept designs. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 2 W (ii) The City has designed a shared use path adjacent to Christensen Road extending between the Trail and Baker Boulevard. A description of the City's proposed improvements is shown in Exhibit E. Design plans for these improvements are shown in Exhibit F. The County has reviewed the City's proposed design and finds that it implements the Mobility Project. (iii) The City is solely responsible for final design of the Mobility Project including obtaining any necessary input and approval from WSDOT, and constructing the improvements according to the approved design. (iv) The City shall be solely responsible for compliance with all regulatory requirements including the State Environmental Policy Act (SEPA). The City shall apply or require its contractor to apply for all necessary permits. The City shall be responsible for the monitoring, reporting and any corrective actions required for this project. The City shall be the named permittee for any required permits and is solely responsible for compliance with permit conditions. b. Construction. (i) The City shall be solely responsible for construction of the Mobility Project, including contract procurement, and shall provide the necessary engineering, administrative, inspection, clerical and other services necessary for construction of the Mobility Project. The City shall comply with all applicable laws and regulations. (ii) The City shall require its contractors to name King County, its officers, officials, employees, and agents as additional insureds on all liability insurance policies maintained by the City's contractors conducting work pertaining to the Mobility Project. The City shall also require that all of the City's contractors conducting work pertaining to the Mobility Project include King County, its officers, officials, employees and agents as contractually indemnified parties entitled to the same indemnification protection as the City. (iii) The City shall update the County on its progress in construction the Mobility Project. Funding. The County shall provide funding of up to $1,000,000 for implementation of the Mobility Project. The City shall provide an estimate of costs prior to installation of these improvements, and the County will approve costs prior to installation of improvements. The City shall invoice the County for actual accrued costs and the County will reimburse the City for costs of improvements as approved by the City and County up to $1,000,000. The County may require the City to provide additional information prior to providing payment. The City Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 3 27 shall acknowledge King County's funding support from the 2014 -2019 King County Parks, Trails, and Open Space Replacement Levy on public information related to the project. d. Maintenance. The City shall operate and maintain Baker Boulevard and Christensen Road rights -of -way, including the improvements as installed over the term of this Agreement. Future alterations to installed improvements may be undertaken to ensure the safety and convenience of the public by approval of both the City and the County. 2. Property. The City hereby represents and warrants to the County that it holds the necessary property rights, including right -of -way and /or easement rights to the property in Baker Boulevard and Christensen Road and that it has legal authority to construct the improvements. The City further represents and warrants that there are no easements, covenants, restrictions, encumbrances, or defects on or to the property in Baker Boulevard and Christensen Road that will in any way impair the City's ability to design and construct the Mobility Project and perform its obligations under this Agreement. 3. Liability. Each Party shall protect defend, indemnify, and save harmless the other Party, its officers, officials, employees and agents which acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and /or damages of whatsoever kind ( "Claims ") arising out of, in connection with, or incident to the exercise of any right or obligation under this Agreement, to the extent caused by or resulting from each Party's own acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own contractors, their employees, and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this Paragraph extend to any Claim brought by or on behalf of the other Party or any of its employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with full and complete indemnity of Claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 4. Insurance. For the duration of its liability exposures under this Agreement, the City of Tukwila shall maintain insurance, as described below, against claims for injuries or damage to property which may arise from or in connection with performance of the work hereunder by the City, its agents, representatives, employees, contractors, or subcontractors. (a) General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY, $1,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $2,000,000 aggregate limit. King County, its officers, officials, employees, and agents are to be covered as Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 4 W. additional insureds as respects liability arising out of activities performed by or on behalf of the City of Tukwila in connection with this Agreement. (b) Automobile Liability: Insurance Services form number CA 00 01 (current edition). The Limit of Liability shall be no less than ONE MILLION DOLLARS ($1,000,000) per occurrence. (c) Statutory Workers' Compensation coverage and Stop Gap Liability for a limit no less than ONE MILLION DOLLARS ($1,000,000) per occurrence. (d) Professional Liability: For professional services, such as engineering or architecture conducted by the City of Tukwila or any contractor. Professional Liability coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) per claim and in the aggregate. The City of Tukwila shall submit proof of Insurance as part of the required submittals or provide evidence of compliance from its contractor that these insurance requirements have been met 30 days prior to beginning of the work designated to be performed by a professional. (e) 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 City's liability to the County and shall be the sole responsibility of the City. (f) Verification of Coverage. The City of Tukwila shall furnish the County with certificates of insurance and endorsements required by this Agreement. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 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 Agreement. The County reserves the right to require complete, certified copies of all required insurance policies at any time. (g) Subcontractors. The City of Tukwila shall include all of its contractors as insureds under its policies or shall furnish separate certificates of insurance and policy endorsements from each contractor. Insurance coverages provided by contractors as evidence of compliance with the insurance requirements of this Agreement shall be subject to all of the requirements stated herein. (h) The County acknowledges, agrees, and understands that through its participation in the Washington Cities Insurance Authority ( "WCIA "), the City of Tukwila is self- funded for all its liability exposures. The City of Tukwila agrees, at its own expense, to maintain, through WCIA, coverage for all of its liability exposures for this Agreement, and it agrees to provide the County with at least thirty (30) days prior written notice of any material change in its insurance program and provide the County with a letter of self - insurance as adequate proof of coverage. The County further acknowledges, agrees, and understands that the City of Tukwila does not purchase commercial liability insurance, and therefore does not have the ability to name the County as an additional insured. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 5 29 5. Points of Contact. King County Parks Agreement Robert Foxworthy, AICP Regional Trails Coordinator 201 S. Jackson Street, KSC 0700 Seattle, WA 98104 206 - 477 -4566 King County Parks Capital Projects Tri Ong, PE Engineer /Capital Project Manager 201 S. Jackson Street, KSC 0700 Seattle, WA 98104 206 - 477 -3591 City of Tukwila Robin Tischmak City Engineer 6300 Southcenter Boulevard, Suite 100, Tukwila, WA 98188 206 - 431 -2455 6. Effective Date /Duration. This Agreement shall be effective upon signature by both Parties and shall continue until December 31, 2027. The terms, covenants, representations, and warranties contained herein shall continue in force unless both Parties mutually consent in writing to termination of this Agreement. The City agrees to retain these improvements for the duration of this Agreement unless alterations are approved in writing by both parties. 7. Survivability. The provisions of Section 3 shall survive termination of this Agreement. 8. Extension. The City and County may agree to extend the duration of this Agreement for successive 10 year terms. In order for any such extension to occur, either the City or County may make a written request to the other party not less than sixty (60) days prior to the otherwise applicable expiration date. Any agreement by the City and County to the proposed extension shall be made in writing. If the parties have not agreed to the extension in writing by the otherwise applicable expiration date, the Agreement shall expire. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 6 30 9. Metropolitan King County Council Appropriation Contingency. The County's performance under this Agreement is contingent on the appropriation by the Metropolitan King County Council of sufficient funds to carry out the performance contemplated herein. 10. Amendments. This Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Any modifications to this Agreement shall be in writing and signed by both parties. 11. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other persons or entity shall have any right of action or interest in this Agreement based upon any provision set forth herein. 12. Force Majeure. If either Party cannot perform any of its obligations due to events beyond its reasonable control, the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond a Party's reasonable control include, but are not limited to, acts of God, civil commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or materials, government regulations or restrictions, lawsuits filed challenging one or more Permits or other agreements necessary for implementation of the Project and weather conditions. 13. Waiver. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified, or deleted except by an instrument, in writing, signed by the Parties hereto. 14. Relationship of the Parties. The Parties execute and implement this Agreement as separate entities. No partnership, joint venture, or joint undertaking shall be construed from this Agreement. 15. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. 16. Authority. Each Party executing this Agreement represents that the Party has the authority to execute this Agreement and to comply with all the terms of this Agreement. 17. Entire Agreement. This Agreement contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 18. Exhibits. All Exhibits referenced in this Agreement are incorporated by reference as if fully set forth. 19. Joint Drafting Effort. This contract shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution thereof. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 7 31 IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. King County Parks and Recreation Division By Kevin Brown, Division Director Signed this day of City of Tukwila By Allan Ekberg, Mayor Signed this day of , Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 8 32 "0 m 0 O CC .2 WCO M LU -0 4— m 0 > C 0 r, - 0 m co U 0 J je m co 0 ai C) 75 0 co w co c 0 w U m LL 0 U a) 0) C: W C: w 0 U -0 0 0 E 0- 0 O E V m C: 33 Exhibit B Mobility Connections Improvements on Baker Boulevard The Baker Boulevard project site is approximately 1,300 feet in length and the street is designated as a Collector Arterial in the Tukwila Comprehensive Plan. All Baker Boulevard street right -of -way is within and owned by the City of Tukwila. The City's proposed rechannelization plan for Baker Boulevard between Andover Park W. and Christensen Road is shown in Exhibit C. The alternative bicycle /pedestrian improvements proposed by the County on Baker Boulevard are shown in Exhibit D and are consistent with the Tukwila Mobility Connections concept (March 2016), King County DNRP, Baker Boulevard — King County Proposal Option 1 Buffered Bike Lanes (Option 1). These improvements modify the City's proposed rechannelization plan. Proposed modifications include: • Reduce the width of the parking lane between Andover Park W. and Andover Park E. to 8.0 feet; • Change the proposed 6.0 -foot conventional bike lanes between Andover Park W. and Andover Park E. to 6.5 -foot buffered bike lanes. 6.5 -foot buffered bike lanes to include 5.0 -foot bike lane with 1.5 foot, half chevron painted buffer area; • Maintain the full width of the 6.5 -foot buffered bike lanes at both the westbound approach to Andover Park W and the eastbound approach to Andover Park E by reducing vehicle travel lanes widths to those outlined in Exhibit D or other dimensions based on best engineering judgement; • Ensure the eastbound buffered bike lane is striped along its entire length between Andover Park W. and Andover Park E.; • Reduce the width of vehicle travel lanes between Andover Park E. and Christensen Road to 12.0 feet; • Change the proposed 6.0 -foot conventional bike lanes between Andover Park E. and Christensen Road to 7.5 -foot buffered bike lanes. 7.5 -foot buffered bike lanes to include 5.5 -foot bike lane with 2.0 foot, half chevron painted buffer area; • Install green - colored markings in buffered bike lane at the westbound mixing zone at approach to Andover Park W.; • Install bike boxes with green - colored markings at eastbound and westbound approaches to Andover Park E; and • Green- colored markings may be paint, MMA /Epoxy or Thermoplastic based on the City's engineering and maintenance preferences. The City will use these proposed modifications to produce a final rechannelization plan for Baker Boulevard for review and approval by the County prior to implementation. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 10 34 Exhibit C Proposed Rechannelization Plan for Baker Boulevard from City of Tukwila NE 114 SEC.26 7.23N, R.4E. W.M. SUER ILVD 7M. 1131-IC 14,C2:F21‹.S lf>17-EP•77.. ,INGINEERING,STREETS,WATEI.SI,WER BUILDING. KAN MM. IMIELA-MeiV 1.aa $5,035a5 (m. f,X) V...)" BAKER BLVD RECHANNELIZATION CONSTRUCTION NOTES: aMMattra, Plakalam PPM- a... Ma FEM.. all. EMMC Mara, Malk taTiPlaM MAN.. at Mr. ,Taa amaua. aMa. am. GENERAL NOTES: I M. PaaaMa, AMM.Pai Maa ta STD MAN nPa LEGEND: 1+; m a SCAM1 M MIT mmz CHANNELIZATION PLSIGNiNG PLAN -BAKER BLVD STA 20500 TO STA 27+50 Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 11 Exhibit C — Cont'd. \ - \ t CONSTRUCTION NOTES: 00000 ZZ,ZZ:r= 0000 OCTCO, 0000 000*00000000000000000000000000 0000 00000000000? 0000 00000000 0101:30 ' DNRACL" 01 MN 00. RAW GENERAL NOTES: 000 0000010 00000000000: 0000000 00 00-? 0:00000 00-10 LEGEND: 20 $ 5C,f. FEE, C.7 GV-C).1ZI CS if> .ENGINEER1NG +STREETS WA 2222 .2241 d.kg2 BAKER BLVD RECHANNELIZATION 0 CHANNELIZATION 0 SIGNING PLAN - RAKER BIND STA 27+50 TO STA 34.2290 CH102 TAT Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 12 0030/0010_,/ Exhibit D King County Proposed Mobility Connections Improvements on Baker Boulevard Baker Boulevard - King County Proposal Option 1- Buffered Bike Lanes Baker Boulevard West Segment- Buffered Bike Lanes Bakrr Blvd B4fr amke Lane Sidewalk Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 13 Exhibit D - Cont'd. Baker Boulevard - King County Proposal Option 1- Buffered Bike Lanes Bean Bled W Sidewalk Suffered Bike Lane Buffered Bike Lane Buffered Bike lane le Sidewalk JI111111111111 Buffered Bike lane Baker Boulevard East Segment- Buffered Bike Lanes • No changes to existing curb lines; Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 14 Exhibit E Mobility Connections (Shared Use Path) Improvements on Christensen Road, Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment The Christensen Road project site is approximately 520 feet in length and the street is designated as a Local Street in the Tukwila Comprehensive Plan. All Christensen Road right -of -way is within and owned by the City of Tukwila. Improvements are based on and consistent with plans and engineering designs for the Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment, as shown in Exhibit E. Improvements to include: • Reconfiguration of Christensen Road to construct a 12- foot -wide paved shared use path separated from street vehicle traffic along the eastern edge of road right -of -way; • The shared use path to include a soft - surface buffer between the path and the roadway which varies in width based on site conditions; • The shared use path extends between the Green River Trail and Baker Boulevard, including bicycle and pedestrian access to both the Green River Trail and Baker Boulevard at the intersection of the Baker Boulevard and Christensen Road; and • Related trail landscaping and ADA accessible features. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 15 39 Exhibit F Mobility Connections (Shared Use Path) Improvements on Christensen Road, Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment NE t14 EEC,2E TR3N. RAE. WM, 8 STA 0s572 OfRSRY5ts. OD «. STA SO•CCO 0220* 5(t *R2 9t @.00153"! 1Oa R2 k'A 6303211 URSA RD 9PO.i + 208 5?t2021; —DAR LT MEN F€AR WAR f C r 6u 3w22.W9 0�3 BW . S1A G3ORL0 Otl 220*8 N] awl to9 sar DA R PAN GENERAL ROTES RI. knew TAM to 0 so Tao SCALE 03 FEEt 1,4010 0022! -1SC % MSS 23 HC1O1 PUBLIC WORKS L EP • EIJGFNEEROWO • STREETS. W ATER. SE W ER• OIPIhMG • TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE HORIZONTAL CONTROL PLAN Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 16 Exhibit F — Cont'd. 1000. MDT C201*'IE 1020251 DM t 02102 CHRISTENSEN RD SECTION vwE r•r tiA 514001 m an 35.42m xis 25 re ue 0(1 127 - Ci6TNt WOAD GENERAL NOTES CiRttA Ale ames Rau O r m is AT tB C,1N AC h3, RR ON 2.m PLO 02-32. 2 COM MIME 2202 4t1221M2NE Mo. .O K 2 OW. Of 1 05102515110/ 210521 MIS NWT PR. nem gErsofroar. IC WOOL me A CHRISTENSEN RD SECTION WALL r. 2. 5TA 3M6301 12 51A {MH9 (-TB W©RKS E3 EPT• •ENCHNEE RING • STREETS•WATF7t•SEWEE.BUILZINCi• Ct10140. AOC 330211B—t EXTANT 6OAP.ANT 4321 €{Piffi ME A TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE TYPICAL SECTIONS STA 30.25:00 TO STA 40.44 SO Sus,AL i S l O I Ocau Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 17 dam TOA®I22*5 J Exhibit F — Cont'd. ROlek Affil MOOT WW1. CHRISTENSEN RD SECTION 53R 441 14511 D STA N•1170 GENERAL NOTES R. 9tfRA 4222 22*22 *2*2 1' TO LS AT CH t§LaRps, PO/ Wt S1U Pas ISIS. 2 ee2V1 t>HA2T TRu, 'llaoRRARIR rn 2TWLSE * 11R2t1111 Oro LOVA AIR 6AI KO' MT RPMEtiFBiz CHRISTENSEN R© SECTION SOUL I'• 7 STa 2442.72 N 11h INfl51 C.) S i7E.P •ENG R INC. 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W • 42.1801, 21.11.1 155;54 AA OMER BM =YU 1475:55 ERSITV .-018 42.25232 /00411 0211 ROO 25155 DOD 1 1121535 015 555552652. 221211 0409*8951 51.5 421260425 WASIDMIR 1502.42 WAR 955115 p501 -43 iag Wit fl4S$ 44 Sa Dan 55101 5.510 WAD Mt 2 OW) 1 ti 0 15 51140 74 6522015 5-/ D88012542£54 RR AMMO 11 1225 512. 8021541 0.2000.2401 39+053 41.200 25 I0 CONSTRUCTION NOTES 5 CD5055 22554 1225214 ani WO AMR KR CRT VD 22.B5 805009. 80-21 2052151221 250220 WM 81 MR ROA PR CDT 55D RAY RI-1Z UM-MO UAW MC MA RAF TRW PARA A RR SAO 095511EC1 Male ME 21076 OW UK P2592210. 25 DOW 2521 WARGO MAIO alkt MAWR 4:151RAKE KR CRT STD RAI RS- #22515/2ZZ 5511 NAV 55252E DX 10 ODA 4+0101 00510 2.5500WAE 15 OW 25454 25122 DRAZ 10010190 ZRISZRZ V12.122 10 BE 5t1CO2251/2DXS111 945£515 LEGEND TRA PLZWM .25m225,222 DAS NO WM 145529* /55,C1X 35.5522. 01 3328555. aw 3349155522 *052311 5 3329002 10.34 E 3145595. 45.,Y 1.1 *070134-10.97 5.58.12' 01 42911' 8.1512 012.52* 41. 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It, EARISTEAVIAI At 0.000415 -10)!XVIWIVIt( ( 401 45 40 35 15 CONSTRUCTION NOTES 0 0 0 0 0 0 40 40 015 415015541000010000101011000001001,01 40440010*01114010.5 051000044 0000110*01*00000.5 0150 000.0050000000100 00100 BASIMaKe IntE TCCMIE 110 MC MTV TO if 1/130.01VaitiFra Fr CMS RAM/ 0531 COT 1V) RAN 05-0) LEGEND t•-7,721 212.204{13: 5050 050.5002 ;1.4,1VR 001 50000101100 WORIM ;LOU 901L GENERAL NOTES I FF 9€11 Filie CIRE atcOES 1 WV 100400000115* MOS 1101ED 0 40 10 0 7.7 SCALE IN 5001 MRI. S 03 0 5 19 WALE Oki MT AMU. 11 050% REVIEW SUBMITTAL RP102 WC:URI< S • ENGKEER • STRBETS•WATER• SEWER• DUI LDING• 0040.4005 0150140115 Awore. 50140 10100 0*05-5045 1/000 Errf,IA TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE CONSTRUCTION PLAN ANO PROFILE STA 42,00 TO STA 45,50 IEEE Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 20 14PW/014} Exhibit D King County Proposed Mobility Connections Improvements on Baker Boulevard Baker Boulevard - King County Proposal Option 1- Buffered Bike Lanes Baker Boulevard West Segment- Buffered Bike Lanes B+ker NN k Buffered Bike lane Buffered etke use Sidewalk Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 13 Exhibit D - Cont'd. Baker Boulevard - King County Proposal Option 1- Buffered Bike Lanes &Ikea Bled Sidewalk ke cane Buffered Dike Lane \t ike lane Buffered Bike ten. 1 Skeewalk 1111111111111 Baker Boulevard East Segment- Buffered Bike Lanes • No changes to existing curb lines; Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 14 Exhibit E Mobility Connections (Shared Use Path) Improvements on Christensen Road, Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment The Christensen Road project site is approximately 520 feet in length and the street is designated as a Local Street in the Tukwila Comprehensive Plan. All Christensen Road right -of -way is within and owned by the City of Tukwila. Improvements are based on and consistent with plans and engineering designs for the Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment, as shown in Exhibit E. Improvements to include: • Reconfiguration of Christensen Road to construct a 12- foot -wide paved shared use path separated from street vehicle traffic along the eastern edge of road right -of -way; • The shared use path to include a soft - surface buffer between the path and the roadway which varies in width based on site conditions; • The shared use path extends between the Green River Trail and Baker Boulevard, including bicycle and pedestrian access to both the Green River Trail and Baker Boulevard at the intersection of the Baker Boulevard and Christensen Road; and • Related trail landscaping and ADA accessible features. Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 15 47 Exhibit F Mobility Connections (Shared Use Path) Improvements on Christensen Road, Tukwila Urban Center Pedestrian /Bicycle Bridge, Christensen Road Segment NE 114 EEC.2E T.2$N. RAE. WAI. STA. 4.774 O MS1O4 STA 504.0 arcw sa 6N2012 rwAa em Ma 510 324214 .1150 LT MN &kf 232 44 541030+2210 13N0 &5. 51A 04•0244 ORM. 10 16 sar 2r nt STA 14*50, SACRA# tn=� -` Sh RN2 6 01 5551 11LIfY «amr EPA TABLE GENERAL NOTES • 5Et MEM 2a„ w5e 1,61:5 9345535510 = L70.653 U4705*550 ! 1,24V.4265 1 252210 - 4MA35.1210 1/2310125 - 1,2945103210 14&3 0434 7 4*20 45110 5430 * . 33(s *44 25 HC 10 IC WC'.R CS TAE RfNG•STREETS•WATER•SEWE59•BUILI MG• TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE HORIZONTAL CONTROL PLAN Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 16 Exhibit F — Cont'd. 2200128. 115* 018*12.—. 2122224 MAW \ IOC 4.251 FAS124i1 020.262 sae nom rixo Guru CHRISTENSEN RD SECTION 11A 012001 2.0 24.13.0 574 10 ti RS' r . , e 12€2.CNT —' tl. TOPS% 12.11011 —' 2.0*2312E 91202201 f , I i 0111€2 2.2.2212E2 MOW 0111 112 112. ur 125222 024.20 =UK tilt2111 1 CAMIt fft19. Tr( z MOON Pat ftke. 1 221 Sal OW 941110 GENERAL NOTES t CUM 1V111 VACS r 25 0,2 IMAM Fel GOT SID 21.14 05-12, 2 UAW aflOtt VSkl. W2222X28 122:24 111'2 22292.01 0141,102.IE2 VO.M.011 kg) #114 KAY no 2280020042. CHRISTENSEN RD SECTION zuz 1% 012 WO 02 19 124 C MOT MONTE WWI 4/0282222.2.2 ZWiT AXIKKX 114. 8911* 5* awrcito vdriax€ 100% RE'oryi SUBMITTAL •Occoaft 3 IJ TS101,, C_II3L-W WORKS 151_,e •ENOINEERJNG•STREETS•WATER•SEWEK•BORAM3 • IITIN17/1 12+221.0 Molten SOY MOD 93161-35.1 (102) t11-19,70 TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE TYPICAL SECTIONS STA 39.25.00 TO STA 40+44.50 Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 17 U1 O 9n Mee MM. Exhibit F — Cont'd. Melt Rae RAD EAROCRT Mee CHRISTENSEN RD SECTION lekt v4 et. 40.N57 !S STA 11+7710 iA 'x�T R$9F3+RT GENERAL NOTES OMR ROM tee TRW TO E7 AtOT fe. •. Pe CM sm FUN 117-15. Z Met epee 11UA leAeRAmf eTt 2 414:. 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CM 220 WI+ Kt+ SoCRALX STA a322 15 *OM 2 110 1+111102 '-:1' IA 1010 1+11110 25 IP r 111A 29159+, 2+1912 213 W5291 IWO 1 1' / et an RA WW1 REM att 27199 =ER 5 A +AIN DM+ tett 223329 2.21111■22.--=,--S1111111m2.22- STA 21.3561 . metu trzri osu mo env 1019 121+21+0 1231221 2225,225 PC 00+0 21+ 22929.22. 313212 0511+01011) 02+ 1 2 511 9020+93 102551210205 32332 32222s2 933223 2091 L CAI L-4,442T, 29292 929229222.: —+19993010 000 1010 7+110 21221371 11239 223+1 222 SAWS 03,91 10 21101 15 3+29221 0)1011101051+0 AT -^/ 0101004101110211021+0 1+ 111+. 4021290 PA EL-2221 Si r, Z WOO 343240 25 29 15 419110 4229291 CONSTRUCTION NOTES 10+103 4t1 +OW UK 29222X 6 1 2 2 1323 =It PIA COT 014 252/1 +5-10+00-27 1 ADM Al' CCM DS% Sit CS314112.44 05-15 192229 ORR RAW 1520 21424121 A AS 9-VIA cast Cuts yap Mt 11 Milt. n sium 1922102im +a cur sin fit+ +34232 19 OA 1092129 222 /0219232E Me{ LEGEND 00111000 22109305- /22222120 0+490 sat 22:95+4.x 0110+010. !WU -m-2222220+2+ 0.48 10 0219+ 4,2-4 AURA+ moot 2922 334+22, 201110.1 I 339112152. 3426" PCI 3340+59, 4323 LT Ifl 33.o. +7 3322423, +52/ A 22 9,202.15- 9-139V 2-3917 122 9223052. 542202 132322 zips 22.34 2232 CURS ROM TARE 4213 PC 1 39+2307, 273a ft 1/2 1 99.3+21. 1227 21 KC 1 39+39022 12.+3' HT 1/2 332+224, 9.25 0T j 2491 35247,92 7 92' 121 nas 3 - 483te7+ 9-10120 2-12,90 11 t 4-22041E 9.202012 L2213.231 10 +1111 2513 20221 2525 GENERAL NOTES 1. sfi ver Iwo Ful cue wit. was 132271- 02 02111 LAMS 12012) 209..E:4,2 .0 .2f SCALE IN FEET +CAL a la i 11 :igi■W SCALE 124 9E0 Wit LIC WC)/ZICS IE • EN10INEER110102 51-FLEETS•W ATER2VVV2TR• BUILDING TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE CONSTRUCTION PLAN AND PROFILE STA 38.00 TO STA 42.00 +411 03/0 SS +21+7 ZE,417W 03ti00011701 RPIOIJ INS I 05 Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 19 Exhibit F — Cont'd. NE 1/4 8EC 20 T2 N. RAE. WIC RI 1 NR■L ,i44 ....' i —4— r i \--,----- — I , CONSTRUCTION NOTES 1 ffiNI NOR -1100001. NINNY WC Ma nos 400 NW) Sit sgtri VAR +am tvaa 4 WCYAR_E‹ S ii *ENGINEERING* STABETS.W ATEIM SEWER. DUI LEMNG • aNnsYNyy fvnaws NO R0,00 NA, N00 00001R0 040R-445 Z On* NZR.8M 0 0 0 " 0 0 AT CAR UM PRI WY ST0 PLIN 40-10 AAR Ilft MANI *0 00004 NW MN PRAM 0 NS NON Y INTERRI 010 INY RAN 05-060 NUE EN 00 CASK 111[ OAST Wei f1A530000104 10 GNU NOYAWN ,UNICNOK 00X MOM WTI DINNIC 0TOTY TO ft 000CRYINVRERY0 BY MRS LEGEND 4£61412,1= 3.KON40 ROCK YON. GENERAL NOTES I. SU MEI IMO Fai CIRe 100 EXILCS OCIRLY TO IVE CY O 0RL10 WM 0 10 01 0 SCALE IN FUT 00402 S 00 a s WALE IN FEET NM TUKWILA URBAN CENTER PEDESTRIAN / BICYCLE BRIDGE CONSTRUCTION RAN AND PROLE STA 42+00 TO STA 45.50 r • .•.N.,0 NM &Wit *000 04 400% REVIEW SUBMITTAL RP102} MED Interagency Agreement for the Development of Mobility Connections Facilities on Baker Boulevard and Christensen Road Page 20 NIP0/70.,/ TRANSPORTATION COMMITTEE City of Tukwila City Council Transportation Committee Meeting Minutes November2l, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Verna Seal, Acting Chair; Joe Duffle, {Absent: Dennis Robertson) Staff: David Cline, Bob Giberson, Dave Sorensen, Jaimie Reavis, Robin Tischmak, Gail Labanara, Moira Bradshaw, Jack Pace, Laurel Humphrey CALL TO ORDER: Acting Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. Americans with Disabilities Act Transition Plan Update Staff presented the draft ADA Transition Plan prepared by the Transpo Group. The Plan, a federal requirement, addresses accessibility within the public right -of -way and will next undergo a 30 -day public comment period before returning to Council for consideration and adoption. INFORMATION ONLY. B. Supplemental Agreement: Americans with Disabilities Act Transition Plan Staff is seeking Council approval of Supplemental Agreement No. 1 with Transpo Group USA, Inc. in the amount of $15,700.00 for continued support through the public comment stage and final editing. If approved, the contract will be extended through April 1, 2017. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. C. Interagency Agreement: Baker Boulevard Non - Motorized Improvements Staff is seeking Council approval of an interagency agreement with King County to accept $1 million for the City to complete the Baker Boulevard and Christensen Road segments of the TUC /TOD Pedestrian Improvements. This will construct buffered bike lanes in each direction along Baker Boulevard, reduce vehicular travel lanes from four to three, and add a minimum 12 -foot wide side path along Christensen Road. There is no match required forthis King County grant. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. D. Project Completion: 2016 Overlay and Repair Program Staff is seeking Council approval of project completion and release of the retainage bond to Lakeside Industries, Inc. in the amount of $1,098,062.24 forthe 2016 Overlay and Repair Project. This project provided hot mix asphalt paving at nine locations and a portion of the parking lot at Fort Dent Park. Construction was completed on August 12, 2016. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 53 54 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial, Meefin ,g Date Pre .paced by A 4gor's view review F 12/05/16 BGM k1111 V- ❑ Ordinance Mt ,g Date ❑ Bid Award Mtg Date ❑ Public I-lewin ,g Mt ,g Date ❑ -1 Other Mtg Date SPONSOR ❑ Council ❑ Mayor [-] I-JR ❑ DCD ❑ Finance E].Fire ❑ IT ❑ P&R ❑ Police N PW SPONSOR'S This Supplemental Agreement No. 1 with the Transpo Group is for the Americans with SUMMARY Disability Act (ADA) Transition Plan. This Supplement will prepare the draft plan for the public comment period, edit the GIS mapping, and produce the final document for Council adoption by Resolution. Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 16-053 with the Transpo Group for $15,700.00. The entire contract is now $43,500.00 and requires Council approval. REVIEWED BY ❑ cow mtg. ❑ CA&P Crate ❑ F&S Cmte Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/21/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMI'l-FEE" Majority Approval; Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $15,700.00 $168,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 20, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 ITEM INFORMATION ITEMNO. 4.F. CAS NUMBER: I STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDADATE: 12/05/16 AGENDA ITI,"m TITLE ADA Transition Plan Supplemental Agreement No. I with Transpo Group, USA CATEGORY ❑ Discussion Mtg Date N Motion Mtg Date 12105116 ❑ Resolution Mtg Date ❑ Ordinance Mt ,g Date ❑ Bid Award Mtg Date ❑ Public I-lewin ,g Mt ,g Date ❑ -1 Other Mtg Date SPONSOR ❑ Council ❑ Mayor [-] I-JR ❑ DCD ❑ Finance E].Fire ❑ IT ❑ P&R ❑ Police N PW SPONSOR'S This Supplemental Agreement No. 1 with the Transpo Group is for the Americans with SUMMARY Disability Act (ADA) Transition Plan. This Supplement will prepare the draft plan for the public comment period, edit the GIS mapping, and produce the final document for Council adoption by Resolution. Council is being asked to approve Supplemental Agreement No. 1 to Contract No. 16-053 with the Transpo Group for $15,700.00. The entire contract is now $43,500.00 and requires Council approval. REVIEWED BY ❑ cow mtg. ❑ CA&P Crate ❑ F&S Cmte Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/21/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMI'l-FEE" Majority Approval; Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $15,700.00 $168,000.00 $0.00 Fund Source: 104 ARTERIAL STREETS (PAGE 20, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 MTG. DATE ATTACHMENTS 12/05/16 Informational Memorandum dated 11/18/16 Supplemental Agreement No. I to Contract No. 16-053 Minutes from the Transportation Committee meeting of 11/21116 55 56 TO: FROM B': CC: DATE: �� -0��v o�� Tukwila Public Works Department -Bob Giberson, Director Transportation Committee Bob Gibameom, Public Works Director f0 Scott Bates, Traffic Engineering Coordinator Mayor Ekberg November 18,2016 SUBJECT: City Project No. 91510405" Contract No. 16-053 Supplemental Agreement No' 1 with Tramspo Group USA Inc. Allan Ekberg, Mayor ISSUE Approve 8Vnn|8nn8nLu| Agreement No. | with Transpo Group USA, Inc. (Tranyon) for the ADA Transition Plan design contract. BACKGROUND In June 2015, the City entered Contract No. 15-120 with Transpo Group for $104,200 to prepare Tukvv|a'eADATransition Plan. |n April of2O18` the City entered contract 10-O53[O complete the deferred Task 6 of the original scope and fee for $27,800. Transpo is nearing completion of the draft AUA Transition Plan, but additional fees and time iS needed tO support the project thnOUghthepUb|iC comment period and final editing of the documents and maps. DISCUSSION Supplemental Agreement No. 1 i8 for Tranapoto prepare the draft /\0ATnanGidon Plan for the public comment period, complete edits to the G|8 mapping, incorporate the public comments, and produce the final documents. Supplemental AOr8enOHDt NO. 1 iDC|Ud8G an additional fee of $15.700 as identified iO Exhibit B and 8 time extension until April 1,2O17. With the original amount Uf$27,8OO. the contract amount will now b8$43'50O.00 and will require Council approval. FINANCIAL IMPACT 2O15ADA Contract No. 15-120 $1O4,20O.00 2018ADA18-053 27'800.00 2U1UADA16-O538upp No. 1 $ 147,700.00 2015 & 2016 Budget $105,OOO.00 03'UOO.00 $ 168,000.00 Council is being asked k}approve Supplemental Agreement No. 1 to Contract No. 16-053 Transpo Group USA, Inc. for the revised total contract amount of $43,500.00 for the ADA Transition Plan and consider this item On the Consent Agenda 8t the December 5'2010 Regular Meeting. Attachments: Supplemental Agreement No. 1 with Exhibit B wAP*Enn\Pnoscrsv+nwunepmjeomwox Transition Plan «wn,u40om"m Memo rranspoaupvm,o*v 111816 omocx rp-a n. MC City of Tukwila Agreement Number: 16-053 6'5�0 • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Transpo USA Inc. That portion of Contract No. 16-053 between the City of Tukwila and Transpo USA Inc. is amended as follows: Sections: 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending April 1, 2017, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than April 1, 2017, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $43,500 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA Allan Ekberg, Mayor day of November, 2016. ATTEST /AUTHENTICATED CONTRACTOR Printed Name: APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk City Attorney 5j4 6� Page I of I We, Transpo Group USA, Inc. Exhibit B: Cost Estimate Worksheet City of Tukwila ADA Transition Plan Pay rates are effective from June 25, 2016 through June 23, 2017, within the ranges shown in the attachment. Only key staff are shown and other staff may work on and charge to the project as needed by the project manager. Labor: Project Quality Project CAD/ Project 1 ® GIS Database Edits Manager Control Engineer Graphics Admin initials 6 $1,200 2 Update Cost/Estimates job title Plnr L4 Dir L7 Anyl L4 Eng L2 PA L4 Update Document Maps $130.00 $200.00 $125.00 $95.00 $125.00 cost rate 10 Labor: 1 ® GIS Database Edits 1 8 B 9 6 $1,200 2 Update Cost/Estimates 6 6 $570 3 Update Document Maps 10 10 $1,250 4 Comment/Edit Responses 12 2 14 $1,960 5 Response to public comment 12 _ 6 18 $2,970 6 0 $0 7 _ - - 0 $0 8 - -- 0 $0 12 0 $0 13 0 _$0 _ 14 - - 0 _ $0 15 0 $0 _$0 16 _ _ 0 17 0 $0 18 0 $0 19 0 $0 201 1 1 1 1 1 1 0 $0 Total Hours 12 15 18 12 0 57 .,..... . .... . .. $1,560 $3,000 $2, 250 $1,140_ $0 i R •1 & v, � ,Z�,.,�� "'r „y;�?f+F#I�'4'��►.' , �., ��z�j %iR "�,f`!�'��Lz"!U4r,r,�,, Subconsultants: 1 Subconsultant A 2 Subconsultant B 3 Subconsultant C 4 Subconsultant D 5 Subconsultant E Previous budget $ 27,800.00 Current Unbilled (10/19/16) $ 9,693.75 Transpo Write -off $ (2,000.00) Cost Estimate Prepared on: 10/25/2016 TRANSPORTATION COMMITTEE City of Tukwila City Council Transportation Committee Meeting Minutes November2l, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Verna Seal, Acting Chair; Joe Duffie, {Absent: Dennis Robertson) Staff: David Cline, Bob Giberson, Dave Sorensen, Jaimie Reavis, Robin Tischmak, Gail Labanara, Moira Bradshaw, Jack Pace, Laurel Humphrey CALL TO ORDER: Acting Committee Chair Seal called the meeting to order at 5:30 p.m. 1. PRESENTATIONS 11. BUSINESS AGENDA A. Americans with Disabilities Act Transition Plan Update Staff presented the draft ADA Transition Plan prepared by the Transpo Group. The Plan, a federal requirement, addresses accessibility within the public right -of -way and will next undergo a 30 -day public comment period before returning to Council for consideration and adoption. INFORMATION ONLY. B. Supplemental Agreement: Americans with Disabilities Act Transition Plan Staff is seeking Council approval of Supplemental Agreement No. 1 with Transpo Group USA, Inc. in the amount of $15,700.00 for continued support through the public comment stage and final editing. If approved, the contract will be extended through April 1, 2017. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. C. Interagency Agreement: Baker Boulevard Non - Motorized Improvements Staff is seeking Council approval of an interagency agreement with King County to accept $1 million for the City to complete the Baker Boulevard and Christensen Road segments of the TUC /TOD Pedestrian Improvements. This will construct buffered bike lanes in each direction along Baker Boulevard, reduce vehicular travel lanes from four to three, and add a minimum 12 -foot wide side path along Christensen Road. There is no match required forthis King County grant. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. D. Project Completion: 2016 Overlay and Repair Program Staff is seeking Council approval of project completion and release of the retainage bond to Lakeside Industries, Inc. in the amountof $1,098,062.24 forthe 2016 Overlay and Repair Project. This project provided hot mix asphalt paving at nine locations and a portion of the parking lot at Fort Dent Park. Construction was completed on August 12, 2016. MAJORITY APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 61 62 COUNCIL AGENDA SYNOPSIS nifials Meeliq Dale Prepared by — M 4 or's review Collawd review 12/05/16 RB A6�� ITEM INFORMATION ITEM NO. 63 IST,\FFSPONSOik: RACHEL BIANCHI 12/05/16 Yn,,m Agreement with Summit Strategies for services outlined on Exhibit A of the Agreement CAT11"GORY ❑ Dhwussion Altg Date 11128116 Z Motion 111tg Date 1215116 ❑ Resolution Mtg Dale ❑ Ordinance Mi ,g Date ❑ 13id,4ward Mi ,g Dle F-1 Public Hearing illtg Dale [:] 01ber Mig Date SPONSOR ❑ council Z Mayor ❑ FIR 0,DCD [:] 1"inance [:] Fire ❑ IT ❑ P&R ❑ Police E].PIF SPONSOR'S This Agreement covers services as outlined on Exhibit A of the Agreement. The existing sumjvtARy Agreement expires December 31, 2016. The new Agreement is effective January 1, 2017 through December 31, 2018. The costs of the Agreement remains the same as the last agreement. This Agreement requires Council approval prior to the Mayor's signature. Rj3V11'1WVD BY ❑ COW Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/22/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONsoR/ADA,iIN. Mayor's Office CoIV�I�III °II I; COST IMPACT / FUND SOURCE ExPI-,',NDITURL', REQUIRED AmOUN'r BUDGETED APPROPRIATION REQUIRED $80,000 $80,000 $0 Fund Source: 000.03.513.100.41.02 Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/5/16 Informational Memorandum dated 9/26/16 Contract for Services Minutes from the Finance and Safety Committee of 11/22/16 63 City of Tukwila Jim Haggerton, Mayor TO: Finance & Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager DATE: September 26, 2016 SUBJECT: Federal Government Affairs Contract for Services ISSUE The current contract for federal and legislative services provided by Summit Strategies for the City is set to expire December 31, 2016. Staff is seeking Council approval to enter into a contract for services with Summit Strategies, which will be valid from January 1, 2017 through December 31, 2018. BACKGROUND The City has worked with the principals from Summit Strategies for federal representation and legislative services for a number of years. For each contract period, the City and Summit Strategies have worked together to formulate a Scope of Work and Specific Services that outlines key projects and measures that may be worked on during the contract duration. In general, those services include: monitoring federal policy legislation; informing City officials of issues that may advance or hinder Tukwila goals; providing guidance and assistance to the City regarding opportunities to secure federal funding; providing City staff and elected leaders with advice and perspective regarding funding opportunities; and identifying key officials and contacts for City staff. As with the current contract, the draft contract provides these services at a monthly flat rate. The 2015 -2016 monthly flat rate for Summit Strategies was $6,375 and annual expenses of $3,500, not to exceed $80,000 per year. DISCUSSION The contract language remains the same as the current contract, including the fee and not to exceed amount. RECOMMENDATION Staff recommends Committee approval of the attached draft contract to be forwarded to the Consent Agenda at the December 5, 2016 Regular meeting for approval. ATTACHMENTS Draft 2017 -2018 Contract for Services with Summit Strategies Government Affairs, LLC. 65 W% City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Summit Strategies Government Affairs, LLC, hereinafter referred to as "the Contractor," whose principal office is located at 655 15th Street, NW Suite 225, Washington, D.C. 20005. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $80,000.00 at a rate of $6,375 per month and expenses not to exceed $3,240 in 2017. In 2018, the total amount paid will not exceed $80,000 at a rate of $6,375 and expenses not to exceed $3,500. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2017, and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page I of 7 67 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such CA Revised 1 -2013 •: Page 2 of 7 coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, CA Revised 1 -2013 Page 3 of 7 •• veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 CITY OF TUKWILA Mayor, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty "1 rel 9 W-11 • •' Office of the City Attorney CA Revised 1 -2013 70 CONTRACTOR C Printed Name and Title: Address: Page 4 of 7 Exhibit A Scope of Work and Specific Service Summit Strategies Government Affairs, LLC 1. Scope of Work: Summit Strategies Government Affairs, LLC will provide federal representation, strategic advice, and lobbying services for the City of Tukwila related to securing federal authorization and funding for key projects identified by the City and /or advising the City about matters associated with implementation of federal statutes, rules or regulations that could adversely affect the City's ability to deliver services to its residents. Summit Strategies Government Affairs, LLC will also work with City officials, City staff, the Washington Congressional delegation, key Congressional Committees, and Administration officials to build upon previous work done by the City and to take advantage of new programs initiated by the current Administration. Summit Strategies' work on behalf of the City in 2017 & 2018 will primarily be focused on representing the City's interests on the following initiatives: 1) Assisting the City is securing additional funding for the Strander Boulevard Extension project. 2) Closely monitor federal tax proposals and entitlement reforms which will be developed by Congress, keeping City officials informed about policy proposals which could shift safety net expenses from the federal government to local government, and share City responses with the Washington Congressional delegation; and, also providing timely information and assistance related to Congressional action on internet sales tax issues. 3) Monitor federal grant funding opportunities that align with city priorities, particularly around affordable housing, informing the City about these opportunities and the deadlines associated with them, and assist the City in applying for those funds; review draft funding requests prepared by the City or its consultants and provide timely feedback prior to final submittal of the funding request. 4) Represent the City's interests in terms of the BNSF intermodal rail yard in Tukwila and working with Congressional members, the Surface Transportation Board and other agencies within the Administration, keep them informed about developments that may be adverse to the City's interests; responses to same; and, work with the City and BNSF officials as the alternative access study and other studies on the railyard proceed. 5) Advise the City and represent its interests in terms of possible relocation of the UP rail line in the City of Tukwila, and coordinate Congressional outreach on same. 6) Monitor the implementation of WRDA and rulemakings and official guidance on the new water infrastructure act, including FEMA, planning and assistance, waterway and levee issues, flood plain issues — particularly as it relates to potential development in Tukwila, Green River issues, and anything related to the Howard Hanson dam, flood preparation, and other impacts; advise the City during Congressional and Administration consideration of implementation of WRDA 2016 should Congress pass that bill in the final days of the CA Revised 1 -2013 Page 5 of 7 71 114'x' Congress, or during Congressional consideration of WRDA 2017 should efforts to pass the next WRDA authorization shift to the 115"' Congress. 7) Advise the City about Congressional reauthorization of the FAA Modernization and Reform Act of 2017, particularly concerning policies that might limit commercial or residential development in the north end of Tukwila. 8) Continue work with the City to advance public safety through regional and federal cooperation with multiple law enforcement and partner organizations, particularly related to the LINK station in Tukwila, developments along TIB, new investments in Tukwila Village, and possible new issues that might arise once the new commuter rail station is permanent. 9) Advocate for one annual appropriation request should Congress lift its current moratorium on earmarking. Summit Strategies' work will primarily be focused on the interests outlined above, but in terms of overall federal policy, Summit Strategies will continue to generally monitor legislation being considered by Congress and will inform City officials about legislative proposals that will either advance or hinder Tukwila's efforts to achieve its primary goals and priorities. Included within this general monitoring will be possible Congressional action governing telecommunications and local control over franchising, environmental, energy conservation, affordable housing, emergency responders, water policy bills, and general authorizations that would affect the work of the U.S. Army Corps of Engineers, the Environmental Protection Agency, FEMA or the U.S. Department of Homeland Security. On matters of appropriations and federal funding, Summit Strategies will continue to monitor the current Congressional moratorium on earmarked funding, and be prepared to advance one priority funding request of the City should the current moratorium be lifted in the next Congress. Summit Strategies would be prepared to advance whichever priority project is identified by the City. Projects and priorities can be re- evaluated in the course of the year as Congressional and City priorities and agendas change and new opportunities to enhance federal financial support for City projects are presented. Summit Strategies will meet with City officials as requested by the City and Ms. Bianchi. 2. Specific Services: Summit Strategies will be responsible, at a minimum for the following: • Inform the City of key timelines for proposed actions • Identify federal rule, policies, and laws that support the City's goals • Identify key officials and contacts that the City needs to meet with and the best time to make such contacts • Brief all appropriate congressional and federal officials about Tukwila's priorities identified in the above Scope of Work CA Revised 1 -2013 72 Page 6 of 7 • Advise City of key dates in the congressional and administrative calendar that impact its goals • Work to maintain a strong Tukwila relationship and support for Tukwila's goals with all key members of the Washington congressional delegation • If appropriate (as a result of a lifting of the current earmark moratorium), prepare project funding requests, and review briefing materials prepared by the City • When appropriate, develop legislation, amendments, report language, and budget recommendations, and move them through the legislative process, attending and working with the congressional delegation and their Congressional officials at hearings, mark -ups and House /Senate conferences on legislation • Attend and report on Congressional hearings of import • Advise City of new regulations, programs, or proposed legislation that relate to those areas of focus outlined in the above Scope of Work • Specifically monitor, analyze, report on, and make recommendations for initiatives and project requests for major reauthorization of legislation, and the annual appropriations bills • Continue to work with and advise the City about strategies associated with the BNSF intermodal rail yard and federal policies affecting its operation • Obtain appointments for City officials in Washington, D.C., develop schedules, accompany City officials to meetings, and provide briefing materials for City officials for their meetings with Congressional officials Exhibit B Terms of Payment Summit Strategies will invoice the City for the work completed at the rate of $6,375 per month, plus expenses (not to exceed $3,500 annually). Invoices will be paid within twenty (20) days of receipt. All expenses shall be listed in an itemized format and all travel expenses will be pre- authorized by the City. CA Revised 1 -2013 Page 7 of 7 73 74 FINANCE AND SAFETY COMMITTEE Meeting Minutes City of Tu kwi la City Council Finance and Safety Committee November22, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Joe Duffie, Kate Kruller (Absent: Dennis Robertson) Staff: David Cline, Brandon Miles, Rachel Bianchi, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. Contract: Federal Government Affairs Services Staff is seeking approval of a contract with Summit Strategies for a term ending December 31, 2018 forthe continued provision of federal representation and legislative services. The 2017 -2018 fee will remain unchanged at a monthly flat rate of $6,375 and annual expenses of $3,500, not to exceed $80,000 peryear. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. B. Contract: Day Marketing Campaign Staff is seeking Council approval of a consultant agreement with Total Destination Management in an amount not to exceed $105,075.00 for branding and marketing services for the City's day marketing campaign for the Southcenter District. The application for lodging tax funding in the amount of $90,000 was approved by Council in June. Bill Baker with Total Destination Marketing was selected due to his extensive experience with cities and his industry reputation. The balance of $15,075 not covered by lodging tax is available from 2016 budgets in Communications and Economic Development. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. C. Contract: City Attorney Services Staff is seeking approval of a contract with Kenyon Disend, LLC for continued City Attorney services during the 2017 -2018 biennium. The proposed contract includes a flat monthly rate of $45,083 for 2017 and $46,436 for 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 75 76 COUNCIL AGENDA SYNOPSIS nifials Meeting Date Prepared b y Ya 4r is 4 1 , Council review 12/05/16 BM ir ITEM INFORMATION Wyno RIP 77 ISTAFF SPONSOR: B. MILES I ORIGINAL AGENDA DATE: 12/5/16 AGENDA ITEM TITLE Authorize the Mayor to sign a contract with Total Destination Marketing. CATEGORY ❑ Discussion Mtg Date 0 Z Motion Mt ,g Date 1215116 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public` Hearing Aft ,g Date ❑ Other Mtg Date SPONSOR ❑ Council Z Major ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ P&R ❑ Police ❑ PW1' SPONSOR'S Staff is requesting the City Council authorize the Mayor to execute a consultant agreement SUMMARY with Total Destination Marketing, not to exceed $105,075.00, for branding and marketing services for the City's day marketing campaign for the Southcenter District. A majority of the funding will come from lodging tax funds previously approved by the City Council and Lodging Tax Advisory Committee. REVIEWED BY El cow Mtg- ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Crate ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/22/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office/Economic Development COMMITTEE, Unanimous Approval; Forward to Consent Agenda COST IMPACT/ FUND SOURCE EXPENDrruiu.," REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $105,075.00 $105,075 $0.00 Fund Source: LODGING TAX FUNDS (101) FUND ($90,000), COMMUNICATIONS AND ECON. DEVELOPMENT ($15,075). Comments: MTG. DATE E RECORD OF COUNCIL ACTION 12/5/16 MTG. DATE ATTACHMENTS 12/5/16 Informational Memorandum, dated November 10, 2016 Draft Agreement Minutes from the Finance and Safety Committee Meeting of 11/22/16 77 W. City of Tukwila Allan Ekberg, Mayor TO: Finance and Safety FROM: Brandon J. Miles, Business Relations Manager CC: Mayor Ekberg DATE: November 10, 2016 SUBJECT: Consultant Agreement with Total Destination Marketing for Southcenter Brand Strategy Development. ISSUE Staff is requesting the City Council authorize the Mayor to execute a consultant agreement with Total Destination Marketing, not to exceed $105,075.00, for branding and marketing services for the City's day marketing campaign for the Southcenter District. BACKGROUND In June of this year the City Council approved Economic Development's lodging tax funding application for $90,000.00' to develop an initiative to promote the City to potential day visitors2. The goal of the initiative is to: 1. Attract more customers to area businesses, thus increasing revenue to these businesses; 2. Market the Southcenter area as a fun and exciting place and thus improve the perception of the area and the City in Puget Sound. DISCUSSION The first step in the Southcenter Day Marketing Initiative is to contract with a qualified consultant to help develop a comprehensive brand strategy. The brand strategy will be designed to focus on day visitors to the Southcenter District, but will also benefit overnight guests staying at area hotels. It is important to note that a brand strategy is more than just a logo, brandmark, and tagline, but includes the development and understanding of "who are we" with regards to attracting day visitors to the Southcenter District. How can the City and our partners bring more people to this neighborhood in the City? What message will resonate with potential customers to encourage them to come to the Southcenter District? How can we improve the visitor experience? After significant research, Economic Development staff selected Bill Baker, with Total Destination Marketing out of Portland Oregon, to assist the City. Mr. Baker and his firm have extensive experience in branding districts and cities. He is an industry leader in the field and has worked with numerous cities throughout the globe. Staff research of Mr. Baker, which included reading his book Destination Branding for Small Cities and contacting other cities he has worked for, found him to be extremely qualified for the project. ' The use of lodging tax funds is limited by Washington State law to tourism promotion. 2 Prior to the City Council approving the funding request, the City's Lodging Tax Advisory Committee recommended the funding be authorized at its May meeting. 79 INFORMATIONAL MEMO Page 2 The following are some highlights of the brand strategy process that will be completed by Mr. Baker and his team: 1. The completion of a quantitative research study on how the Southcenter District is viewed by Puget Sound residents. The study will include surveys conducted in the City of Seattle, Seattle Metropolitan area residents outside of Seattle, City of Tacoma, City of Olympia, and City of Tukwila. Additionally, information will be obtained about the Southcenter District's competitors. A key outcome in the quantitative research study is the development of a net promoter score (NPS). An NPS is a marketing tool used to track brand awareness and brand loyalty. Examples of brands that have high NPS are Nike, Nordstrom, and Apple. Examples of brands that have low NPS include Time Warner Cable and US Airways. The City can use the NPS over time to track our branding and marketing efforts to see if we are increasing the Southcenter District's reputation in the area. 2. Brand name research for the Southcenter District. What is the right name for the area commonly referred to as Southcenter? 3. A review and analysis of the City and Southcenter District's digital reputation. 4. Development of a "Brand Style Guide" which includes graphics, expressions, and language to be used in promoting the Southcenter area in various visual communication avenues. 5. Development of a "Brand Action" report, which will include recommendations on how the City can draw more people to the Southcenter District and improve the visitor experience. The development of the brand strategy also includes a significant amount of public outreach and public participation: 1. As discussed above, Mr. Baker and his team, in collaboration with City staff, will develop and employ a quantitative survey of Puget Sound residents. 2. The formation of a Brand Advisory Committee to assist in the development of the brand strategy. 3. Interviews with key business, elected officials (Mayor and all City Councilmembers), and community leaders. 4. An online survey for Tukwila residents, businesses, non - profit, and other community members to obtain unfiltered opinions regarding the City of Tukwila and the Southcenter District. 5. Conduct two focus groups. 6. Regular updates to the City Council. The bulk of work approved with this consultant agreement is scheduled to be completed in the summer of 2017. 80 DCouncil Agenda Itemsftyors Office0aker Contract, Finance and SafetyllnfoMemo, Baker Contract.doc INFORMATIONAL MEMO Page 3 FINANCIAL IMPACT The total contract scope is not to exceed $105,075. The approved lodging tax application for day marketing will contribute $90,000 to the project. The remaining $15,075 will come from 2016 budgeted funds for Communications and Economic Development. RECOMMENDATION Staff recommends the contract with Total Destination Marketing be placed on the December 5, 2016 consent agenda. ATTACHMENTS • Draft Consultant Agreement. Z:\Council Agenda IternsWayor's OfficeMaker Contract, Finance and SafetyftfoMerno, Baker Contract.doc 81 m City of Tukwila Contract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONSULTANT AGREEMENT FOR BRAND STRATEGY AND RESEARCH SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Total Destination Marketing, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform branding, marketing, surveying, and other professional services in connection with the project titled "Southcenter Brand Strategy and Brand Development ". 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, travel, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2018 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product outlined in Exhibit "A" no later than December 31, 2017 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $105,075.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City as outlined in Exhibit "B ". Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. MW 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: CA revised : 1 -2013 Fir, 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA revised : 1 -2013 Page 3 +. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Bill Baker Total Destination Marketing 2021 SW 86th Ave. Tualatin, OR 97062 (503) 592 -4603 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised : 1 -2013 i • DATED this CITY OF TUKWILA Allan Ekberg, Mayor Attest/Authenticated: City Clerk, Christy O'Flaherty CA revised : 1-2013 day of ,20 CONSULTANT By: Printed Name: Title: Approved as to Form: Office of the City Attorney Page 5 RYA r-I on Exhibit "A" SOUTHCENTER DISTRICT BRAND IMAGE PROPOSAL CONTENTS Introduction................ ............................... .................... 4 Project Deliverables Summary ......................... ............................... 5 Our Process ..... ............................... ......................... .... 6 OurTeam ............ ............................... ... ......................... 16 Experience and References ............................. ............................... 18 Budget... ............................... ... ........ ........................ 19 Project Schedule ........................................... ............................... 21 OurNeeds ................................................... ............................... 21 Appendices............. .... ............ ............................... zz CONTACT Bill Baker, Team Leader Total Destination Marketing 20212 SW 86th Ave. Tualatin, OR 97o62 Phone: (503) 692-4603 Email: bilIb@DestinationBranding.com Website: Destination Branding.com Southcenter District Brand Image Proposal INTRODUCTION It is with great pleasure that Total Destination Marketing (TDM) presents this proposal to conduct research to develop a comprehensive brand strategy for the Southcenter District of the City of Tukwila. The brand strategy will be designed to focus on day visitors to the district and will be developed to be in alignment with the Southcenter Districts various partners and stakeholders. on the following pages outline our methodology for conducting research and defining the most potent brand strategy for the city. Critical to our consultative approach will be the provision of opportunities for residents, elected officials, and key stakeholders to participate in the process. We have assisted hundreds of destinations: cities, regions, states and nations to address complex marketing and branding issues. This work has led us to know what works, what doesn't, and what gets the best results from research, and brand communications across traditional and digital media. We will bring this experience into play in the Southcenter District. Importantly, we will follow our proven 7A Destination Branding System which consistently delivers breakthrough results for places of all sizes. I am sure that you will find the 7A process energizing, educational, and a great unifying force for the Southcenter District of the City. Southcenter District Brand Image Proposal z PROJECT DELIVERABLES SUMMARY The Southcenter District Brand Blueprint and Style Guide set the directions for unifying stakeholders, using one look, one voice, signature experience themes, images and messages to gain increased effectiveness and efficiencies from the City's tourism marketing investments. The deliverables are: KEY DOCUMENTS ➢ Tukwila City Image Research: This comprehensive report summarizes the results of the research conducted to benchmark the image of Tukwila as a place to visit, live, work. The final report will provide aggregate responses of all respondents in the Seattle- Tacoma Metro Area (including Seattle, Tacoma, and suburbs). The data will also be divided into individual areas, including Seattle, Tacoma, and suburban tracts, based on the residence of the respondent. Analysis will also include data about where the individuals work. Olympia data, if included in the study, will be presented in the same format, but not combined with the Seattle- Tacoma Metro area data. This study will be the subject of an in- person presentation to the City of Tukwila separate to the brand strategy meetings. Benefits: The City can ascertain the competitive strength of some of Southcenter and Tukwila's key attributes and monitor their performance and perceptions over time. ➢ Research Fieldwork Report: This is a detailed summary of the qualitative and quantitative research findings conducted on behalf of Tukwila including the external perceptions study, community online survey, stakeholder interviews, external interviews and stakeholder workshops. Benefits: These provide important data and detailed perspectives which will inform the creativity and analysis required to define the brand strategy. ➢ Brand Action Blueprint: This 5o -page practical manual outlines the brand rationale, communications, marketing, management, and experience delivery checklists. The Brand Blueprint will provide the tools for improved targeting, pin point positioning, and the communications and designs to resonate with target audiences. This includes an Action Plan prescribing the major activities for implementing the brand in first 30/90 days to 3 years. Benefits: The brand will be utilized accurately and creatively in strategies, marketing communications and experience development programs. ➢ Brand Style Guide: These comprehensive standards provide rules and advice for graphic expressions, language, tone of voice, style and personality. Benefits: The style guide is the best way to ensure brand sustainability through consistent and correct use of the brand no matter who is projecting it. SERVICES ➢ 7A Branding System: In Tukwila, for the Southcenter District, we will follow our time - tested 7A Destination Branding System to provide the framework for the assignment. This proven and acclaimed process builds the brand from the inside out by engaging key stakeholders and partners throughout while researching Southcenter's competitive place in key markets. Benefits: The 7A's enables us to capture the `heart & soul' of the city, and ensures that solutions are grounded in operating realities, market situations and community values. Southcenter District Brand Image Proposal ➢ Outreach: Essential to our approach is active collaboration and consultation with multiple, diverse local stakeholders and opinion leaders. This will occur through face -to -face interviews, workshops, an online community survey, a Brand Advisory Committee to oversee brand development and a project website to provide a readily available resource to inform residents about the project and enable them to communicate with us. Benefits: We have found that consultation is extremely valuable in clearing the way for long term support for the brand. This enables us to capture resident and partner values, opinions and goals. Most of our clients experience unexpected bonuses such as renewed support, revitalized relationships, and a rekindled sense of purpose. Importantly, it establishes the sponsoring organization as an important community leader and positive future - focused: force. ➢ Brand Coaching: We propose conducting regular coaching sessions to show how to use the brand and learn the keys to success, pitfalls to avoid, and how to use the brand strategy as a strategic management tool. The TDM team is available for twelve months to provide advice on the implementation of specific brand elements. Benefits: This will ensure that staff and key partners are able to creatively, consistently and accurately lead and deploy the brand. ➢ Research: We will conduct at least twelve research studies. As seasoned place marketers, we adopt a pragmatic approach that is a blend of community planning, the research and analytical techniques used in tourism marketing and brand planning principles learned from working with some of the world's leading destinations. The research studies will include: • Marketing communications review • External influencer interviews • Community online survey • Interviews • Competitor research ■ Online reputation review • Consumer perceptions research ■ Tagline and brandmark research • Desk research — past reports, studies etc ■ Visitor readiness review • Destination assessment ■ Workshops • Destination name research ■ City image perceptions Benefits: These studies provide insights to determine the most advantageous way to position Southcenter in the environment in which Southcenter has to excel and which of your assets are most compelling and distinctive. ➢ Destination Name Research: Identify places in the Southcenter District that are attractive and recognizable as destinations in their own right and can form viable companion brands. Recommend names that resonate with consumers and residents to optimize performance with visitors. Benefits: Consistent use of strong, relevant destination names will make the locations easily identifiable, increase visitation and aid the development of complementary brands. INTANGIBLES ➢ Positioning: Following analysis of the research conducted for Tukwila we define three strong brand positioning concepts that capture the Southcenter District's competitive identity. These will be presented to the Brand Advisory Committee to select the most potent and appropriate. Southcenter District Brand Image Proposal Benefits: Competitive positioning is at the heart of effective marketing because it enables the city stands apart from other choices in ways that are valued by customers. It ensures that marketing messages are relevant and resonate with target consumers. ➢ Brand Platform: We identify the nucleus or engine of the brand and outline the Southcenter District's competitive edge, what the city believes it is, how it makes customers feel, and what makes it distinctive and gives it personality. These will be crystallized from the interviews, workshops, research and the analysis and filtering conducted with the Brand Advisory Committee. Benefits: The brand platform is the foundation on which the Destination Promise and all future brand designs, actions and experiences will be based. ➢ Destination Promise: We create a concise statement to capture the essence of the Brand Platform and guide everything Tukwila will do to communicate and deliver the Southcenter District's brand. It's a unique blend of physical, intangible and emotional benefits which clearly differentiate Tukwila from other choices. Benefits: This is the beacon that will guide all aspects o of how Tukwila presents the Southcenter District, how it organizes and unifies brand behavior to deploy the brand. ➢ Brand Designs: We design the visual identity system to capture and dramatize Southcenter's personality and Promise. This includes distinctive and expressive brandmark options, logotype, fonts, color palette, and image guidelines to articulate the brand. it is supported by examples for using design applications in brochures, websites, advertising, merchandise, wayfinding and gateway signage, smart phone apps, and even street banners. Benefits: These designs subconsciously influence consumers' feelings toward Tukwila to shape how it is recognized, remembered and respected. ➢ Brand Language: The verbal identity includes brand messages, tagline, key words, brand stories and copy style. Benefits: This ensures that we translate the brand in into language that will fine -tune the brand in a compelling manner and resonate with specific target audiences. ➢ Brand Experience Delivery: What are the improvements required to optimize the brand and achieve the brand vision? Are there infrastructure, services, products and experiences that need attention? Are there rules, policies, guidelines or regulations that need attention, modification and enforcement? Benefits: These actions assist in aligning the city's promise with what visitors actually experience, and in turn lead to increased satisfaction and positive social media. ➢ Marketing Communications: Demonstrate and discuss how Tukwila can leverage the Southcenter District's brand in a range of media and communications channels and how the actions can be considered in developing the marketing plan. Benefits: Considering how to embed the brand in marketing programs will improve the effectiveness and efficiency of marketing activities. Southcenter District Brand Image Proposal Is] ' • • ' STEP is ASSESSMENT This is one of the most important phases because it provides the knowledge for all analysis and creativity that follows. We begin by reviewing and analyzing the world in which the Tukwila brand must excel. A. Project Commencement • Scoping Meeting: Fine -tune the process and individual components with City executives • Brand Advisory Committee (BAC): We encourage the appointment of a small Brand Advisory Committee, comprising 8 -12 members, representing a cross section of Government, community and business organizations. We will assist in the selection of a BAC to act a sounding board for the TDM team. The BAC will possibly meet four times for approximately z hours per meeting to provide insights, feedback, understand the brand and empower them to become brand champions for the eventual brand launch and deployment. • Target Audiences: Confirm the target audiences for researching the Southcenter District brand. B. Research • Data Review: Access relevant past research, surveys and reports to identify trends, campaigns, past performance, competitors,_ seasonality patterns, opportunities and issues; • Communications Review: Review the content of current and past Tukwila and Southcenter regional marketing, well as the levels of integration across organizations and media; • Digital Reputation: A general examination of Tukwila /Southcenter's profile and reputation on blogs, media, review sites, social media, and relevant websites; • Tukwila Community Survey: Capture the unfiltered attitudes, perceptions and opinions of Tukwila residents, business, non - profit partners and stakeholders through an online survey. This is confidential and designed to make it easier for all constituents to participate. The survey will complement the City Image Study. Importantly, this poll will be comprised of many open -ended questions to provide the greatest freedom possible to express opinions in regard to: - Competitive strengths (and weaknesses) - Their level of advocacy for the city as a place to visit, meet, live and do business - Opinions and attitudes toward tourism and day visitors - Suggested improvements to Tukwila experiences and marketing - Tukwila infrastructure, facilities and service enhancements needed; ■ Tukwila Interviews (Approx. 35): Face -to -face and phone interviews with key business, elected officials, City, community and opinion leaders; Southcenter District Brand Image Proposal ■ External Influencers (Approx. 10-15): Phone interviews with individuals outside Tukwila such as regional tourism officials, SSRTA, media /blogs, meeting planners, Seattle tour operators, and sports event organizers; ■ Competitor Research: Create profiles of 3 -4 competitor cities /locations /Districts using inputs collected during the research studies (Possible competitors include Downtown Seattle, Downtown Bellevue, the Renton Landing, Kent Commons, and Downtown Tacoma); • Community / Partner Workshops: Conduct two focus group sessions for a mix of stakeholders, City staff and partners to participate in z hour workshops with 12-15 invited participants in each; • Brand Vision Workshop: In conjunction with the first Brand Advisory Committee meeting we will facilitate a brand visioning session for BAC members. We will capture their insights, aspirations for the project, and advice relevant to the process; • Consumer Perceptions Study: Qualitative and quantitative research to be conducted online with panels within the Greater Seattle region. The specifics of this panel will be finalized after discussions with City staff. The survey will aim to generate at least 1,200 completed surveys. Note: This research will be conducted in conjunction with the City Image Study. Purpose: The purpose of this study is to gain prospective target customer insights to assist in formulating Tukwila's competitive positioning and brand promise. This study will gain insights in regard to: - Perceptions of Southcenter District and three competitors as a'place and as a place to visit - Top of mind awareness of the Southcenter District - Awareness and attractiveness of specific Southcenter District features and attributes - Assess competitiveness of Tukwila to specific features and attributes - Differences in perceptions between past visitors and non - visitors - Rating of attractiveness of the Southcenter District as a place to visit ■ Tukwila Image Benchmark Study: Qualitative and quantitative research to be conducted via telephone interviews and online surveys. Interviews will include a sample of Tukwila, Tacoma and Seattle Metro residents. The specifics of this sample will be finalized after discussions with the City. Importantly, the design of this scientific survey will enable the use of results as a baseline to monitor the city's image and progress over the coming years. Where appropriate, responses will be calibrated with the results from the Knight Foundation Soul of the Community 2010 report to provide comparisons on the basis of national performance relative to specific features and issues. The questions to be included in the study are likely to address the following issues: • Top of mind perceptions of Tukwila (and 2 -3 other cities) on the basis of a variety of criteria • Rating of Tukwila a place with a positive image a place to live (net promoter score ?) Southcenter District Brand Image Proposal a place to visit (net promoter score! a place to feel safe / personal experience ortold a place that is tolerant and welcoming / personal experience ortold a place to find affordable housing - a place with good public schools a good place bn meet people and make friends a good place for families to live - a good place for young professionals tnlive �l - a good place for seniors tolive a good place for shopping / dining /entertainment / sporting events a place to experience Seattle people care about each other ` �� ^ - availability of arts and cultural opportunities availability of social community events ^ � - parks playgrounds, trails, gathering places �^� appearance � and physical upkeep good signage and wayfincling systems • Visited Tukwila/Southcenter during past year? • Personal experiences in Tukwila have been positive? • By way people talk, what kind of experience would you expect in Tukwila? • Demographics (Age, sex, location, income, education) Purpose: in addition to benchmarking the image of the city, responses will be calibrated with the results from the Knight Foundation Soul of the Community 2010 report to provide performance comparisons on the basis of national results relative to specific community features and issues. Brand Name Research: Assess the appropriateness of the destination name "Southcenter" and possible alternatives. To achieve this, we will establish name selection criteria and conduct stakeholder online research to assess opinions to naming options and preferences, provide open- ended questions to enable comprehensive feedback (note this survey will be conducted simultaneously with the community survey). Also include naming questions in interviews and City Image Research Presentation: This meeting will provide an intensive review and discussion of the findings of the City Image Research. The meeting will also consider implications of the research on the development of Tukwila's brand strategy. C. On the Ground Southcenter District Brand Image Proposal ■ Destination Assessment: It is critical that visitor experiences fulfill Southcenter's Brand Promise. Team members will plan, drive and walk unaided to experience what Tukwila has to offer a first - time visitor. We will: - Assess elements that make for a great sense of place and compelling visitor destination, - Prioritize definable links, trails, districts and experience clusters, - Locate points where critical encounters and key touchpoints influence Tukwila visitor experiences, including pre- visit, - Identify gaps and opportunities in gateways, wayfinding, infrastructure, linkages, experiences and customer service, - Are there rules, policies, guidelines or regulations that may need attention? BRAND ADVISORY COMMITTEE MEETING (BAC) #t: BRAND VISIONING (During Visit i) The first BAC meeting will set the scene for the brand journey. This meeting may include staff and community leaders, if desired. Importantly, participants will be in a position to understand the process and likely outcomes, what place branding will and will not do, and be ready to take ownership and champion the new brand. It will feature: • An introduction to place branding, • Overview of the Southcenter branding process, • A Brand Visioning Workshop to gain insights, advice and opinions from participants, • A discussion of research findings to date, • A discussion of possible positioning considerations — and realities. Note: Shaded sections in this proposal indicate meetings/presentations/ seminars. STAFF BRAND MANAGEMENT MEETING #t: This is the first of four meetings for key staff who will be responsible for the brand. The meeting will provide an introduction to place branding, the branding process, positioning Southcenter, the keys to success, and the pitfalls to avoid, and critical factors for success. We will also consider how place branding is different and what this means for Tukwila. STEP 2: ANALYSIS The information and insights gained in Step One provide a strong foundation and realistic context to decide Tukwila's positioning, strategic brand priorities and directions. A. Analyze Findings • City Image Report: This comprehensive report will provide segmented analysis of the research findings for each major geographical area included in the study. • Research Fieldwork Report: Create, analyze and distribute a detailed summary of all research findings to date for BAC members. It will contain the findings and data from the studies and activities in Step One. This summarizes findings from research, interviews and workshops Southcenter District Brand Image Proposal 9 (confidentiality Destination Assessment, and discussion points in regard to target audiences and key strategy considerations; 0 Target Audiences: Confirm the Southcenter District's target markets relevant to the brand; Critical Dispersal Issues: Identify issues critical tospreading visitor benefits throughout the city � Brand Influencers: Identify the leading drivers, channels and influencers that are affecting positive and negative perceptions of Tukwila; • Signature Experience Themes: Identify the experience themes to form the Brand Pillars. • SWOT Analysis: Conduct strengths, weaknesses, opportunity and threat assessments to aid in assessing the city's strength and competitiveness, as well as areas for improvement; • Critical Issues: Identify issues that directly relate to enhancing the Brand of Southcenter; • Communications: in general terms identify the types of messages that may be required to influence the Tukwila brand among key audiences through critical channels at specific times. B. Positioning • Points of Difference: Identify the points of difference that enable Tukwila to be clearly and meaningfully differentiated from competitors; • Positioning: Identify several competitive brand positioning options to be considered by the BAC; • Brand Concepts: Select three different Tukwila brand directions for presentation to the BAC and then together choose the most potent to shape the Tukwila brand. ' The focus of this meeting will be to review the outcomes and findings from all of the research conducted during the Assessment phase. We will discuss critical issues arising from the research and seek feedback and comments from BAC members. Following a recap and discussion of the Fieldwork Research Reports and critical issues, we: • Review proposed SWOT outlines • Outline three brand concepts that provide distinctive positioning options • Decide the most potent brand positioning option • Consider tagline options, if appropriate • Discuss the proposed Brand Platform and Brand Promise Following this meeting we will complete the Brand Platform, create the visual and verbal identity. STAFF BRAND MANAGEMENT MEETING #a: We examine how Tukwila can develop the most potent positioning, Brand Platform and Brand Promise and how these important brand elements will shape the brand. We will take a critical microscope to examine the Southcenter District's competitive strengths, experiences and services to Southcenter District Brand Image Proposal 10 identify opportunities andgaps. Together vve will consider positioning options and create key messages, content priorities, communications matrix and core identity themes. 511-07 "ist,09=1i Fo|lowingEAC #2 we finalize the Brand Platform which is the nucleus or engine of the brand. • Target Audiences: Who are the target audiences that the brand must influence? • Brand Strengths: What are the points nf difference that support th brand? • Emotional Benefits: What feelings do you want customers to gain from their visit? • Brand Essence: What is the DNA of the brand? ' • Brand brand? • Brand Personality: What is the character n1 Tukwila brand asa destination? �~ �.'� • Brand Reasons bm Believe: VVhatis the proof th brand dainnsare cnedb| deliverable? • Brand Stories: What are the stories that can add meaning and �value to the brand? /� D. Southcenter's Brand Promise We finalize a compelling statement that encompasses the Brand Platform and positioning to express the distinctive value and benefits that the Southcenter District's offers. This will be the beacon to rally partners and guide future Tukwila marketing, communications and product development. STEP 3: ALIGNMENT It is important to have consistency and alignment across the many messages and experiences emanating from Tukwila and its partners, including Seattle Southside, Westfield Southcenter and Visit Seattle. in conjunction with your staff and the BAC, we will consider: - Who are the current and potential brand messengers, both internally and externally? - Who are the most influential partners with key audiences (positive and negative)? |s the proposed brand likely tnbein harmony with partners hn meaningful and appropriate vvays! - Can the proposed brand be leveraged with prominent local, regional and State brands? Does the proposed brand provide ondrna| opportunities for new business, product development and the expansion of current strengths? Can the brand work effectively across tourism, cultural and economic development and community lifestyle marketing if required? STEP 4: ARTICULATE Our focus moves to the design of the visual and verbal identity systems to articulate the brand. A. Designing the Verbal Identity Southcenter District Brand Image Proposal 11 • Tagline: A series Of 3-4 distinctive iaglines will be created for the EAC and City to consider, if appropriate; • Brand Language**: Craft enticing key words and phrases to resonate with individual target audiences e,g, family getaways, shopping/ etc; • SEO**: Provide guidelines and recommendations for Search Engine Optimization to be included in the marketing plan, including use of key words and phrases across multiple digital platforms; • Brand Names: Confirm the city's destination brand names and their hierarchy. ** These elements will be developed in collaboration with City staff. ^ |� B. Designing the Visual Identity - We now design the attractive and distinctive visual identity�.. ^ ` • 8randnlark: Create several bnandnnark designs for BAC and City to select the most appropriate for city marketing; • Typography: Design the suite of expressive fonts; • Colors: Create a color pallet to bring personality and emotion to Tukwila designs, • Identity Research (Optional): After passing our rigid internal standards, we will use the TDM Global Test Panel to review and seek comments on the brandmark and tagline alternatives. This panel comprises 7o-8o discerning, frequent travelers and place marketing experts from around the world. Their rankings and comments help to view the designs in a broader perspective and to fine tune as necessary (See page 19); � .. • Design Concepts: look in a variety of marketing, create visual mock-ups that may include marketing materials, displays, -- ole ise and vvavfinding, signage. We finalize the Brand Platform, then consider the verbal and visual identity options, and how the brand should be adapted for each target audience. This will involve: - Finalize Destination Promise and Brand Platform - Fine-tune the selected brand positioning concept - Discuss the communications matrix to connect with specific target audiences - Provide identity designs including a series of distinctive brandmark and tagline options - Finalize visual identity and tagline - Key messages - Seek input relevant to critical touchpoints and brand experience delivery - Consideration of the issues related to the Brand Alignment in Step 3. STAFF BRAND MANAGEMENT MEETING #3: Southcenter District Brand Image Proposal 12 Examine techniques for deploying the visual and verbal identity, then how to use them through traditional and digital media, as well as marketing, collateral and environmental applications. We then consider how to deliver outstanding brand experiences through Tukwila brand touchpoints, product development, and outreach programs. STEP 5: ACTIVATION A. Communicating the Brand • Brand Com ications&8atrb** Comprised of th key words, phrases, images, benefits and strengths, brand stories that should be used when communicating with possibly key target • Brand |nnages^^: Suggestions for high quality photography and video Tukwila brand communications. • Content Marketing **: To integrate communications most effectively across all platforms, we will .' establish guidelines for .gand delivering content _--that attracts, engages, and drives preferences among Tukwila target audiences. `., • Target Personas ^^ We will consult research and work with City staff and partners to create portraits of target audiences that describe s. • Marketing Recommendations": We will provide a variety of marketing plan elements arising from research, consultation and brand communications techniques to be considered in developing the City's marketing plan. These will include descriptions, approximate budget, timing and rationale. • Brand Management vvepnovmeao and cnccm/stsonu the most c//ccuveuse v/ - the brand inmarketing applications, management cf the brand and suggested inclusions inthe marketing plan. These elements will be developed in collaboration with City staff. ` B. Brand Experience Design - � late points where positive encounters with the brand may be presented or points where there may be opportunities to improve or develop visitor experiences and the sense of place. City and partners must match product and experience delivery with the Tukwila Brand Promise. Where can enhancements be made to optimize the brand? Are there infrastructure, services, products and experiences that need attention? Are there relationships, rules, policies, guidelines or regulations that need attention, modification or enforcement? ** These elements will bedeveloped in collaboration with City staff. STEP 6: ADOPTION Great brands are great because they have people who will champion theircause.Thevarethe internal and external sparks for the development of the brand. True success will only come when leaders, staff, partners and stakeholders are united, motivated, completely understand the brand, Southcenter District Brand Image Proposal 13 and know their roles in using it. Ideally, a partnership of key stakeholders is needed to energize, activate and provide leadership for the strategy. - Together we determine the specific goals, messages, and actions needed to encourage adoption and use of the brand across the city by specific groups and individuals. - Guidance on how to select and manage brand ambassadors and spokespersons. - Provide advice and tips on a smooth rollout and launch. - Are new partnerships and relationships needed? STEP 7: ACTION A. Brand Blueprint This practical manual outlines how the brand should be communicated, managed, and monitored to ensure its long term sustainability. Importantly, it will demonstrate how to embed the brand in strategies, marketing and product development programs. It includes: - Target Audiences: The audiences with whom the brand must resonate, - Brand Platform: Foundation of the brand and rationale includes key attributes, emotional benefits, brand personality, - Brand Promise: A concise statement of the city's distinctive; positioning, value and benefits, - Brand Pillars: The clusters of product and signature experience themes that underpin the brand, - Verbal Identity: The key words and phrases to verbally express the brand, - Visual Identity: The brandmark and graphic assets to visually express the brand, - Communications Matrix: Customized elements to fine -tune the brand to resonate with specific target audiences, - Design Guidelines: Demonstrates the correct (and incorrect) use of the visual identity system, - Brand Management: Checklists and advice to aid the deployment and implementation of the brand, - Marketing Communications Checklists: Advice on the effective use of the brand in various key media and channels to be considered in the marketing plan and deployment, - Marketing Recommendations - Outline the marketing actions and approximate budget for key elements that may be considered in the marketing plan. - Evaluation & Accountability: The metrics and techniques to monitor brand performance, - Brand Deployment: Outline implementation steps and checklists for actions during the first go days to three years. B. Brand Style Guide Southcenter District Brand Image Proposal 14 The comprehensive standards help maintain brand consistency in all expressions of the brand. It provides directions for designs, language, tone of voice, style and personality, and includes: • Descriptions of the brand, • How to embed the brand in Tukwila communications, • How to apply the verbal and visual identity systems, • What is the correct and incorrect use of the brand designs and graphics, • How to use brand typography and colors, • How to use brand photography and video, • How the brand should be presented in marketing, merchandise, wayfinding, signage and BRAND ADVISORY COMMITTEE MEETING #4: BRAND IMPLEMENTATION (During Visit 4) We will review all aspects of the final Brand Strategy and the actions necessary to successfully deploy and manage the brand. After this meeting we will prepare the final versions of the Tukwila Brand Blueprint and Style Guide. , STAFF BRAND MANAGEMENT MEETING #4 During our final visit, vve will facilitate an intensive coaching session (depending upon how much time you have available) for staff to discuss and demonstrate how to correctly and consistently manage and deploy the Tukwila brand across marketing and development programs. C. Brand Deployment • Action Plan: Develop an activation plan to identify the key actions to deploy the brand from go days to 3 years; • Free Advice: For twelve months we will provide advice on specific brand deployment issues; Southcenter District Brand Image Proposal 15 OUR TEAM Bill Baker Bill is Chief Brand Strategist for Total Destination Marketing. He is highly respected internationally asan expert and industry pioneer in assisting hundreds of cities and regions around the world. He was a senior executive leading Australia's glob a| branding and marketing for more than a decade. This firmly placed Australia as the #1 most desired destination in the world. |t was one of the pioneering efforts in destination branding for a country and allowed him to shape � many of the ideas and techniques that we will apply in Tukwila. Since establishing TDM in 1994, his strategic advice has been sought by the nations of Hong Kong, India, Macau, Saudi Arabia, Korea, Malaysia and Australia. He has been involved,in the marketing of hundreds of cities and regions in North America and Australia to boost their tourism performance. Bill has been interviewed bv CNN, The Travel Ch Yorker, Forbes, Inc, USA Today, asvveUasrnany|eadinghn- and is the author of the best-seller, "Destination Branding Carla Shrvuchislead strategist forShrvnck Associa has extensive experience in and commu tourism, retail, high-tech and newspaper industries in research, competitive analysis an deploying brand strategies and brin advertising, publications, website, s communications. For Tukwila, Carla media, content management and bi d positioning, gin2r them to strategies and marketing communicati Oregon, Lane County OR, Salem OR an Ancfinnfinnrz York Times, Los Angeles Times, New outlets. He is widely published U[itkes", )an /hUespecializing a is also adept at ther brand ana|vtics,soda| messaging. Carla has developed is for the State of Oregon, Southern nnanv other Pacific Northwest Todd Mayfield Todd Mayfield is Creative Director for Axa Creative and has earned numerous awards for design excellence and profound respect among his peers. He is also an accomplished fine artist and illustrator. His work has been featured in national publications and books. Heis the principal of Axia Creative serving clients throughout the US, Canada and the Caribbean. Recent visual communications assignments include the development of the logo and style guides for Sitka AK, Gulf Shores AL, Southeast Alaska, Russian River CA, Bothell WA, Moses Lake WA, Stockton CA, Rapid City SD, and other cities in the states of Michigan, Texas, Southcenter District Brand Image Proposal ff-A California, New Mexico, and Canadian Provinces of Alberta and Ontario. Axia Creative also specializes in the design and development of wayfinding programs, helping communities provide excellent destination navigation and creating a memorable sense ofplace. Todd collaborated with TDK8in providing the visual identity for branding Mankato MN, Terrebonne Parish LA, Sitka AK and Gulf Shores AL. Bruce Dickson Bruce Dickson is President of Tourism Development Solutions. He has 3O years' experience in tourism and destination development. Bruce specializes in strategic planning, consumer research, visitor experience evaluation, visitor product development with particular emphasis on special interest tourism products and experiences including cu|tura|/heritage, events and nature tourism. A hallmark ofhis work has n v� been his analytical and consultative techniques in assisting small ` communities and regions in the USA and Australia. Bruce has been ., collaborating in the USA with T for h decade by providing reseanch, strategic analysis and product development advice. Matthew Stone, PhD, CMP Matthew Stone is assistant professor at California State University, Chico, where he teaches courses in hospitality and event management. Prior to teaching, Matthew spent twelve years as a manager in the hospitality industry, including director of sales and marketing and director of catering sales with Marriott and Hilton branded hotels. He is also a certified meeting professional (CMP). Matthew's major research projects include the recent completion of the world's largest culinary tourism study and report for the World Food Travel Association. He also completed a white paper for the United States Travel A—_----__---'---_-__i � � s . " grant researching the benefits tourism. When Chico needed help after losing commercial air service, he donated his time to conduct a community travel, study and presented the report to the Chico Chamber of Commerce and City Council. His research has appeared in many academic journals, including Tourism Management, Journal of , Travel Research, Journal of Air Transport Management, Current Issues in Tourism, and Tourism and Hospitality Research. |t has also been presented at the Travel and Tourism Research Association international conferences in2013.2D14, and 2O15. Asa consumer travel expert, Matthew has been quoted by USA Today, Houston Chronicle, Smart Money, Los Angeles Times, and Asian Hospitality. Matthew is a native of small town in Central Illinois and holds degrees in business administration (BS, University of Illinois), hospitality management (MHM University of Houston), and recreation, park&tourisnnsciences(PhDTexasA&kA), Somhoenter District Brand Image Proposal 17 EXPERIENCE AND TDM REFERENCES Past Experience and Clients Our clients are our most enthusiastic advocates. The following is a partial list of the organizations and places that TDM (only) has assisted with their marketing and branding: United States and Canada Australia Alameda, CA Australian Tourist Commission* Albany, NY* Central West Region Astoria Warrenton, OR* City of Armidale Bellingham, WA* City of Lake Macquarie Billings, MT* City of Newcastle Canada's Badlands* City of Shepparton- Chemainus BC* City of Wollongong* Chicago Northwest, IL* Destination NSW Columbia Gorge, OR Hunter Region, Australia* DuPont, WA Inbound Tourism Organization of Australia Durham, NC* Legends, Wine and High Country, Vic Fairfield, IA* Newcastle Airport Forest Grove, OR* NSW Council of Tourist Associations Galena, IL NSW National Parks & Wildlife Service Grants Pass, OR* Office of National Tourism Gulf Shores, LA* Sydney Convention & Visitors Bureau Hudson County NJ* Sydney Olympic Authority* Lane County, OR* Tourism Australia Mankato, MN* Tourism New South Wales Medford & Rogue Valley, OR* Tourism Victoria Oregon City, OR International Oregon Tourism Commission Oshkosh, WI* Fiji Rockland County, NY Government of India, Tourism Sitka, AK* Guam Visitors Bureau Snohomish, WA Hong Kong Tourism Board* Southern Oregon Hwaseong City, South Korea* Tacoma, WA* Kingdom of Saudi Arabia Terrebonne Parish, AL* Macau Government Tourist Office Tillamook Coast, OR* Mallorca, Spain* Vernonia, OR New Guinea Washington County, OR Pacific Asia Travel Association -PATA) Wilsonville, OR Sarawak, Borneo, Malaysia Woodburn, OR* South Korea Yakima Valley, WA* Timor, Indonesia *Branding projects Southcenter District Brand Image Proposal 18 oil] 110141 Al Core Program Fees: Professional fees and expenses for core program as outlined, including $67,500 expenses for team member visits Included: The base project fee includes all team expenses for completing the scope of work as outlined, including assessment and research, coaching, 4 BAC meetings, graphic design and documentation. Additional meetings and visits may incur an increase in budget for expenses and fees. Fee includes completed logo and brand design elements. All logo and design files created will be the property of the City of Tukwila. Not included are advertising, printing, photography, and other production costs related to Tukwila's marketing materials for implementation of the strategies, or additional Tukwila reference and research outside of those outlined (if required). Depending upon the final scope of work and variations to research panels, there may be the need to adjust the budget. Logo and Tagline Research $3,475 After passing our rigid internal standards, we use the TDM Global Test Panel to review and seek comments on the brandmark and tagline alternatives, if required. This panel comprises 7o -8o discerning, frequent travelers and place marketing experts from around the world. Proposal: Page 12 Tukwila Image Benchmark and Perceptions Study $31,600 qualitative and quantitative research to be conducted via telephone interviews and online surveys. Proposal: Pages 7 Inclusion of Olympia Extension of the study to include 120 online respondents from Olympia. $2,500 Southcenter District Brand Image Proposal 19 PROJECT SCHEDULE Indicative Timeline * Dec Jan Feb Mar Apr May Jun Jul i. Assessment Proposed BAC meetings - Timeline may change depending upon final scope, options selected, start date, budget availability, extent of research, timing of meetings, and timeliness of approvals. OUR NEEDS To facilitate development of the strategy, we appreciate support with the following: • Access to all relevant research, reports, strategies, and marketing materials • A venue for conducting workshops and interviews • Advice in nominating suitable individuals for local and external interviews • Coordination, invitations and reminders for attendance at interviews and workshops • Publicity of the online survey to generate community and stakeholder participation • Timely approval at critical points Southcenter District Brand Image Proposal 20 � City Image Research 2. Advantage 3. Alignment 4. Articulate 5. Activation 6. Adoption 7. Action APPENDIX is City Image and Perceptions Research Methodology This methodology is proposed by Total Destination Marketing (TDM) to establish benchmarks for monitoring Tukwila's city image and reveal the perceptions of key audiences toward the city as a place to visit. The study will contribute directly toward developing the brand identity and positioning that will resonate most strongly with target audiences. Statement of the Problem Tukwila and the Southcenter area have long been known as a hub of commerce in Washington State. Located just south of the city of Seattle (Washington State's largest City), well over 150,000 people come to Tukwila every day to work, for entertainment, to dine, and to shop. Tukwila is home to the Southcenter District, one of the largest concentrations of retail and dining in Washington State. In 2015, over $z billion of taxable retail sales occurred in the City of Tukwila, with well over 95% of those sales occurring in the Southcenter District. The Southcenter District draws visitors from all over the Puget Sound region. The Southcenter District is also changing. A high rise residential structure is currently under construction, with more residential development envisioned. The Southcenter District is also competing with downtown areas, such as downtown Bellevue and downtown Seattle for shoppers. These downtowns are hard at work on creating a distinct brand for their shopping areas. Nationwide, many shoppers are also turning towards online purchases and forgoing brick and mortar shopping. Given that the City of Tukwila has a low residential population, the rise in online shopping could pose a serious threat to the City of Tukwila's sales tax collection. The Southcenter District and the City of Tukwila have also been seen, unfairly and incorrectly, as having high crime. This perceptions comes from an annual "study" naming the most dangerous cities in the United States. Purposes of the Study This study is being conducted to benchmark the image of Tukwila as a place to visit, live, work, and invest, and to ascertain the competitive strength of some of Tukwila's key attributes. In addition to benchmarking the image of the city, Tukwila responses will be calibrated with the results from the Knight Foundation Soul of the Community 2010 report to provide performance comparisons on the basis of national results relative to specific community features and issues. Responses will also studied to determine Tukwila's competitive positioning and brand promise among various geographic regions in the Tukwila area. This study will be complimented by face -to -face interviews, workshops, an online community survey, and an examination of past studies relative to visitation to the city. Objectives The research will explore: ■ The awareness and perceptions of Tukwila and Southcenter held by residents in the Puget Sounds including Tukwila residents Southcenter District Brand Image Proposal 21 • The community's competitive strengths compared to other nearby cities • The awareness and attractiveness of selected Tukwila and Southcenter attributes • Determining the most desirable brand positioning for the tourism marketing of the city • Identifying the top of mind associations held about Tukwila Limitations of the Study Due to the scope of this project and the challenges of accessing sufficient sample sizes of target participants, we have adopted a hybrid approach to each geographical area within the study region. The cost of set -up and administering the survey by cell phone calls is approximately $60+ each, landline phones $40+ each, and self- administered online survey responses are in the rage of $6+ each. This does not include costs related to survey design, management, collation, analysis, reports and presentation. In some cases we were unable to access online samples of sufficient size. This will result in the survey being administered through a combination of cell and landline phone calls. When using telephone research, a combination of landline and cell phone responses is preferred because many individuals, particular in Generation X and Millennials, do not use a home phone. Cell phone responses are based on billing information. Using landlines only would miss a large segment of the population. Where possible, the samples are balanced to closely mirror the population in terms of gender and age ranges. While an exact duplication of a population is impossible, the data collection methods result in a wide range of respondents. In smaller areas (for example, Olympia & Tukwila), we were unable to access online samples of sufficient size to be "generalized" to the whole population of these cities. A smaller sample increases the margin of error. This would be a major concern if generalizing economic data. However, this survey is intended to learn about general attitudes and opinions. Therefore, it is less important to have large samples to obtain quantifiable data. Data Collection The number of total respondents (over 1200) will generate sufficient data to help guide strategic decision making and establish benchmarks for future studies. The results will be presented in aggregate and broken down by geographic area. The data will be collated using a combination of survey methods for each target area. These are: Seattle Area: This comprises the city of Seattle only, and does not include nearby cities or suburbs Sample size: 400 Panel Composition: Online survey Survey Content: City image and Brand perceptions studies Southcenter District Brand Image Proposal 22 Comments: The sample will be balanced based on gender and age ranges in order to approximate a representative sample of residents. The data collected will include the ZIP code of residence and the ZIP code of the workplace. Seattle Metro Area: This comprises the Seattle Metro, not including the City of Seattle, Tacoma, or Tukwila. Sample size: 600 Panel Composition: Online survey Survey Content: City image and Brand perceptions studies Comments: The sample will be balanced based on gender and age ranges in order to approximate a representative sample of residents. The data collected will include the ZIP code of residence and the ZIP code of the workplace. Tacoma Area: The city of Tacoma. Sample size: 220 Panel Composition: Online survey Survey Content: City image and Brand perceptions studies Comments: The sample will be balanced based on gender and age ranges in order to approximate a representative sample of residents. The data collected will include the ZIP code of residence and the ZIP code of the workplace. Because it is a smaller sample size, the data will have a higher margin of error than the Seattle or Seattle suburb samples. Tukwila Area: The city of Tukwila Sample size: 170 Panel Composition: Cell phone 7o; Landline phones loo Survey Content: City Image Study only Comments: This study is in addition to the community survey included in the brand strategy process. Because of the relatively small number of individuals who can be identified to participate in an online survey, a telephone survey will be used in Tukwila. Reports City image: The final report will provide aggregate responses of all respondents in the Seattle- Tacoma Metro Area (including Seattle, Tacoma, and suburbs). The data will also be divided into individual areas, including Seattle, Tacoma, and suburban tracts, based on the residence of the respondent. Analysis will also include data about where the individuals work. Olympia data, if Southcenter District Brand Image Proposal 23 included in the study, will be presented in the same format, but not combined with the Seattle - Tacoma Metro area data. This study will be the subject of an in- person presentation to the City of Tukwila separate to the brand strategy meetings. Perceptions Study: The respondents related to the brand perceptions and competitive positioning of Tukwila will be included in the Research Fieldwork Report. The results will be analyzed in sync with the other brand research activities conducted, such as interviews, workshops and community survey. Results will be presented to members of the Brand Advisory Committee as an element of the brand planning process. Timing: The goal is to complete the data collection during the first week of December, 2o16. However, this will be subject to timely approvals and the availability of outbound survey administrators through the research agency. If the study is completed in December we will aim to present to the City of Fairfield in January. Cost: The professional fees and expenses for designing, managing, analyzing and presenting the studies for Seattle, Seattle Metro, Tukwila and Tacoma as outlined, including reports and presentation is $ 31,600. This includes travel costs related to presentation of the final report. Please note that our original proposal included an option of $7,450 for Perceptions Research. This study will no longer be required as a stand -alone activity and it has been absorbed into this project and is included in this methodology. However, the length of each survey, except for Tukwila), has increased in length due to the combined studies.' Option: Olympia Area: The city of Olympia Sample size: 120 Panel Composition: Online survey Survey Content: City image and Brand perceptions studies Comments: The sample will be balanced based on gender and age ranges in order to approximate a representative sample of residents. The data collected will include the ZIP code of residence and the ZIP code of the workplace. Because it is a smaller sample size, the data will have a higher margin of error. However, given the nature of the questions and data collected the margin of error will not be crucial. The addition of Olympia in the study as outlined is $ 2,500. Southcenter District Brand Image Proposal 24 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 Exhibit "B" Compensation Method Consultant shall be compensated as outlined below: Within 30 days of commencement of the $20,000.00 agreement. Presentation of City Image / Perceptions $20,000.00 Research Completion of Step 2 of the Scope of Work $21,500.00 included in Exhibit "A". Completion of Step 5 of the Scope of Work $26,750.00 included in Exhibit "A". Upon completion of project. $16,825.00 Total Project Cost: $105,075.00 Compensation listed above includes all costs of the project, including any travel or accommodations, required for the consultant. 113 114 FINANCE AND SAFETY COMMITTEE Meeting Minutes City of Tu kwi la City Council Finance and Safety Committee November22, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Joe Duffie, Kate Kruller (Absent: Dennis Robertson) Staff: David Cline, Brandon Miles, Rachel Bianchi, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. Contract: Federal Government Affairs Services Staff is seeking approval of a contract with Summit Strategies for a term ending December 31, 2018 forthe continued provision of federal representation and legislative services. The 2017 -2018 fee will remain unchanged at a monthly flat rate of $6,375 and annual expenses of $3,500, not to exceed $80,000 peryear. UNANIMOUS APPROVAL. FORWARD TO DECEMBERS, 2016 REGULAR CONSENTAGENDA. B. Contract: Dav Marketing Campaign Staff is seeking Council approval of a consultant agreement with Total Destination Management in an amount not to exceed $105,075.00 for branding and marketing services for the City's day marketing campaign for the Southcenter District. The application for lodging tax funding in the amount of $90,000 was approved by Council in June. Bill Baker with Total Destination Marketing was selected due to his extensive experience with cities and his industry reputation. The balance of $15,075 not covered by lodging tax is available from 2016 budgets in Communications and Economic Development. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENTAGENDA. C. Contract: City Attorney Services Staff is seeking approval of a contract with Kenyon Disend, LLC for continued City Attorney services during the 2017 -2018 biennium. The proposed contract includes a flat monthly rate of $45,083 for 2017 and $46,436 for 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 115 116 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Meal . q Date Prepared by . 1. or review Council review 12/05/16 CT ITEMNO, I 117 STAFF SPONSOR: DAVID CLINE I ORIGINA1,Ac;l?Ni),kD,\'I'S: 12/05/16 AGENDA ITEM TITLE Agreement with Kenyon Disend PLLC for Legal Services CATI.?GORY [-] Discussion Mt Die Z Motion MtS Date 12105116 ❑ Resolution Mt ,g Date ❑ Ordinance Mt ,g Date ❑ BidAward Mt ,g Date ❑ Public Hearing Mt ,g Date ❑ Other Mtg Date SPONSOR ❑ Council Z Mayor ❑ HR E]DCD E].Finance E]Fire E]IT ❑ P&R ❑ Police ❑ PWI SPONSOR'S The current contract for legal services expires December 31, 2016. The 2017-2018 SUMNL\RY contract increases the flat rate to $45,083 per month for 2017 and $46,436 for 2018. This reflects an approximate 8.7% increase to account for additional prosecution costs related to adding an additional day of court calendars each week. It also considers cost of living adjustments and modest increases in attorney billing rates. RIWIE'WED BY F-1 cow mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/22/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office Comm"I-IT"t," Unanimous Approval; Forward to Consent Agenda on 12/05/2016 COST IMPACT/ FUND SOURCE EXPENDITURE Pr,,,QUIRf,"I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 MTG. DATE ATTACHMENTS 12/05116 Informational Memorandum from David Cline dated 11/03/16 Draft Agreement for 2017-2018 Minutes from the Finance and Safety Committee Meeting of 11/22/16 117 118 City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator TO: Mayor Ekberg Finance & Safety Committee FROM: David Cline, City Administrator DATE: November 3, 2016 SUBJECT: Kenyon Disend PLLC Contract for City Attorney Services ISSUE The current contract for City Attorney services provided by Kenyon Disend expires December 31, 2016. Attached is a proposed contract for 2017 -2018. BACKGROUND The City of Tukwila contracts for legal services summarized as follows: • General City Attorney services; • Prosecution services; • Litigation and contested administrative proceedings; • Paralegal services; and • "Special services" (services not otherwise specified). DISCUSSION Under the current and proposed contracts, general City Attorney services are provided at a flat monthly rate. Litigation, contested administrative proceedings and "special services" are subject to prior approval and are billed at the hourly rates of contractor staff involved. Contractor's hourly rates are attached to the proposed 2017 -2018 contract. The 2015 -2016 flat rate for City Attorney services for general City Attorney and Prosecution services was $39,318.00 per month. The 2017 -2018 contract increases the flat rate to $45,083 per month for 2017 and $46,436 for 2018. This reflects an approximate 8.7% increase to account for additional prosecution costs related to adding an additional day of court calendars each week. It also considers cost of living adjustments and modest increases in attorney billing rates. RECOMMENDATION It is recommended that this contract be forwarded to the consent agenda of the December 5, 2016 City Council for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Contract for City Attorney Services, 2017 -2018 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206 - 433 -1800 - Website: TukwilaWA.gov 119 120 ILA W4 City I Tukwila Contract • - r s k . 2 �O 6200 Southcenter Boulevard, Tukwila WA 98188 o ��x soa CONTRACT FOR LEGAL SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and KENYON DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in Issaquah, Washington. WHEREAS, the City has a need to have certain legal services performed for its citizens; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Such local rules and ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Pa n�ent. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2017,, and ending December 31, 2018, unless sooner terminated pursuant to paragraph 8 of this Agreement. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not 121 be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Insurance. The Contractor shall procure and maintain in full force throughout the duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 8. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. 9. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 10. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 11. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement and with the consent of the City Council. 122 12. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 13. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this CITY OF TUKWILA By: MayorAllan Ekberg day of , 2016. ATTEST /AUTHENTICATED Christy O'Flaherty, City Clerk CONTRACTOR: KENYON DISEND, PLLC By: Michael R. Kenyon Managing Member ADDRESS: 11 Front Street South Issaquah, Washington 98027 (425) 392 -7090 -3- 123 EXHIBIT A -- SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house city attorney office consisting of one city attorney and one assistant city attorney /prosecutor. In particular, Contractor agrees to: 1. Provide general city attorney services, which include but are not limited to: A. Attend regular meetings of the City Council; B. Attend Executive Sessions and special meetings of the City Council, Committee of the Whole, Committee meetings, and meetings of City Boards and Commissions, upon request; C. Prepare or review ordinances, resolutions, contracts, interlocal agreements, and other city documents or materials as requested; D. Practice "preventative law" in the form of regular consultation with staff and elected officials, and maintenance of between 20 and 25 "office hours" each week at City Hall, exclusive of prosecutor time; E. Provide special classes and /or seminars for staff, elected officials, Boards, and Commissions on issues including, but not limited to, ethics, conflict of interest, and the appearance of fairness doctrine. F. Except as set forth in Section 3, defend litigation brought against the City; G. Defend or initiate administrative hearings involving the City including, but not limited to, drug forfeiture and seizure hearings, code enforcement, and similar matters; H. Such other general city attorney matters as are assigned; I. Provision of cellular telephones to all attorneys employed by Contractor, and a list of such telephone numbers to the City; J. Comprehensive Internet and remote access capability, including e -mail, linking Contractor's office with City Hall; and K. Oversight and coordination of the City Clerk's Office. M 124 2. Provide city prosecution services, which include but are not limited to: L. Review, determine filing decision, and file all Tukwila Police Department reports involving misdemeanor and gross misdemeanor crimes, and represent the City on all contested traffic hearings; M. Regularly consult with and train police department personnel on selected legal issues, and attend police department administrative staff meetings as requested; N. File and defend appeals of municipal court decisions; and O. Such other city prosecution matters as are assigned. 3. Provide City Attorney services for litigation and contested administrative proceedings, which include but are not limited to: P. Initiation and defense of litigation and contested administrative proceedings on the City's behalf. Contractor shall be compensated for such litigation and contested administrative proceedings as Separate Matters under paragraph 2 of Exhibit B. 4. Provide Special Services, which include but are not limited to: Q. Other specialized municipal law services; provided, however, that any such Special Services shall first be authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B regarding compensation. 5. Provide paralegal services, which include but are not limited to: R. General paralegal support for the City Attorney and for the prosecuting attorney equivalent to one FTE. 6. It is understood and agreed that the City Attorney shall not provide private legal services to any employee of the City of Tukwila during the term of this agreement. -5- 125 EXHIBIT B -- COMPENSATION AND METHOD OF PAYMENT 1. For 2017, for all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $45,083.00, plus extraordinary expenses. For 2018, for all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of Exhibit A, Contractor shall be paid a flat monthly fee of $46,436.00, plus extraordinary expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery costs, parking, mileage costs other than to and from City Hall or other locations within the City, and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not include routine photocopying, fax, or long- distance telephone charges. 2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit A shall be considered to be Separate Matters. Contractor shall maintain its current practice of providing individual monthly billing statements for each Separate Matter. Separate Matters mean (a) each individual civil action filed by or against the City, except that multiple condemnation lawsuits related to the same project shall constitute only one Separate Matter, (b) all Code Enforcement matters collectively conducted before the Hearing Examiner or in Court, but not including general code enforcement services which shall be included in Contractor's flat monthly fee, (c) all criminal appeals collectively filed by or against the City, (d) all significant projects which require specialized knowledge and hours expended outside of the regular office hours for that attorney; and (e) all drug or other forfeiture matters collectively filed by or against the City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for, the first $5,000 expended on any Separate Matter as computed at Contractor's normal hourly rates for 2017 and 2018. Thereafter, and for each such Separate Matter, Contractor shall be paid its normal hourly rates for 2017 and 2018. A copy of Contractor's hourly rates for 2017 is attached hereto. Rates for 2018 shall be provided to the City by October 1, 2017. 3. Special Services, if any, shall first be approved by the Mayor and City Council after negotiation regarding (1) whether additional compensation is fair and equitable for such Special Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such Special Services. Kom 126 KENYON DISEND, PLLC HOURLY RATE SCHEDULE FOR YEAR 2017 ATTORNEYS: Partners and Senior Attornevs: Michael R. Kenyon $320.00 Bruce L. Disend $320.00 Kim Adams Pratt $280.00 Robert F. Noe $280.00 David A. Linehan $280.00 Associate Attornevs: Rachel B. Turpin $185.00 Ann Marie Soto $180.00 Charlotte A. Archer $180.00 Amy S. Mill $160.00 Alexandra L. Kenyon $145.00 PARALEGALS: Margaret C. Starkey $130.00 Sheryl A. Loewen $115.00 Pam M. Odegard $115.00 Kathy I. Swoyer $115.00 Terry T. Curran $115.00 Antoinette M. Mattox $105.00 -7- 127 1 FINANCE AND SAFETY COMMITTEE Meeting Minutes City of Tu kwi [a City Council Finance and Safety Committee November22,2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Sea[, Chair; Joe Duffie, Kate Kruller (Absent: Dennis Robertson) Staff: David Cline, Brandon Miles, Rachel Bianchi, Vicky Carlsen, Laurel Humphrey CALL TOORDER: Chair Seat called the meeting to order at 5:30 p.m. 1. PRESENTATIONS 11. BUSINESSAGENDA A. Contract: Federal Government Affairs Services Staff is seeking approval of a contract with Summit Strategies for a term ending December 31, 2018 forthe continued provision of federal representation and legislative services. The 2017-2018 fee will remain unchanged at a monthly flat rate of $6,375 and annual expenses of $3,500, not to exceed $80,000 per year. U NAN IMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. B. Contract: Day Marketing Campaign Staff is seeking Council approval of a consultant agreement with Total Destination Management in an amount not to exceed $105,075.00 for branding and marketing services for the City's day marketing campaign for the Southcenter District. The application for lodging tax funding in the amount of $90,000 was approved by Council in June. Bill Bakerwith Total Destination Marketing was selected due to his extensive experience with cities and his industry reputation. The balance of $15,075 not covered by lodging tax is available from 2016 budgets in Communications and Economic Development. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. C. Contract: CitvAttornev Services Staff is seeking approval of a contract with Kenyon Disend, LLC for continued City Attorney services during the 2017-2018 biennium. The proposed contract includes a flat monthly rate of $45,083 for 2017 and $46,436 for 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 129 130 COUNCIL AGENDA SYNOPSIS ---------------------------------- Initial, Meeting Date Prepared by Mayor's review Council review 12/05/16 CT At ITEMNO. 4.J. 77STAFF SPONSOR: DAVID CLINE ORIGINAL, AGENDA DA'1'1�: 12/05/16 AGENDA I'fTm Trri,E Kirshenbaum & Goss, Inc. P.S. Contract for Public Defense Services CATEGORY r-1 Discussion Mt ,g Date ❑ Motion Mt g Date 12105116 ❑ Rejolution Mtg Date ❑ Ordinance Mt Date ❑ Bid.Aivard Mt g Date ❑ Public Hearing Mtg Date ❑ Other Mt g Date SPONSOR ❑ Council Z Mayor ❑ HR ❑ DCD EI.Finance ElFire ❑ IT ❑ P&R [:] Police [:] PWI SPONSOR'S The current contract for Public Defense Services expires December 31, 2016. The 2017 - SUMMARY 2018 contract maintains the montly rate of $32,600 as paid in the 2015-2016 contract. RE, v I I " WFI D BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11/22/2016 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Consent Agenda on 12/05/2016 COST IMPACT/ FUND SOURCE ExPI-,'.ND ITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $405,000 per year $405,000 per year $ Fund Source: 000.03.512.500.41.00 Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 MTG. DATE ATTACHMENTS 12/05/16 Informational Memorandum from David Cline dated 11/03/16 Draft Agreement for 2017-2018 Minutes from the Finance and Safety Committee Meeting of 11/22/16 131 132 City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator TO: Mayor Ekberg Finance & Safety Committee FROM: David Cline, City Administrator DATE: November 3, 2016 SUBJECT: Kirshenbaum & Goss, Inc. P.S. Contract for Public Defense Services ISSUE The current contract for public defender services provided by Kirshenbaum & Goss expires December 31, 2016. Attached is a proposed contract for 2017 -2018. BACKGROUND The City of Tukwila contracts for public defense services providing legal representation for indigent criminal defendants who qualify for appointment of counsel from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. DISCUSSION As Council may recall, Public Defense Standards were adopted by the Washington State Supreme Court effective January 1, 2015. These standards delineate the number of cases each attorney can handle per year and mandates that compensation include administrative and training costs. In addition to the new Public Defense Standards the federal court decision, Wilbur v. Mt. Vernon also mandates significant changes to public defense programs. In 2015 -2016 we increased our contract for public defense services to $32,600 per month to implement a Public Defense Program that fully complies with these requirements. We have evaluated the components of our program and recommend that we continue to contract for $32,600 per month for 2017 and 2018. RECOMMENDATION It is recommended that this contract be forwarded to the consent agenda of the December 5, 2016 City Council for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Contract for Public Defense Services, 2017 -2018 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206 -433 -1800 • Website: TukwilaWA.gov 133 134 J,�Y11 Contract • - Sc � • City of Tukwila kk O 1 . 11 • i• • •: :: Cr ` CONTRACT FOR PUBLIC DEFENSE SERVICES This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a noncharter optional municipal code city hereinafter referred to as "the City," and Kirshenbaum & Goss, Inc. P.S., a Washington Corporation, hereinafter referred to as "the Contractor," WHEREAS, the City has a need to have legal services available for citizens, charged with a crime who are deemed indigent and are entitled to the effective assistance of counsel at the public expense; and WHEREAS, the City desires to have the Contractor conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and c as follows: 1. 0) 3. Eli Scope and Schedule of Services to be Performed by Co described on Exhibit A attached hereto and incorpora performing such services, the Contractor shall at all til rules and ordinances applicable to the performance of connection therewith, including the provisions of Was] public defense standards adopted by the City pursuant to the essence of this Agreement. The Contractor shall r if the scope of work or schedule of services is to be mo Comnensation and Method of Pavment. The Citv sha perform such services pursuant to certain terms and iditions hereinafter contained, the parties hereto agree tractor. The Contractor shall perform those services :d herein by this reference as if fully set forth. In es comply with all federal, state, and local statutes, ach services and the handling of any funds used in ngton Supreme Court Order 25700 -A -1013 and the > TMC 2.70. Compliance with these standards goes luest and obtain prior written approval from the City fled in any way. pay the Contractor for services rendered according to the rate and method set forth on Exhibit. B attached: hereto and incorporated herein by this reference. Compensation: is based upon the historical case count for the City of cases per year, averaging 1200 cases per year. In compliance with the public defense standards, the case counts include the Contractor's appearance at 48 arraignment calendars per year. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2017 and ending December 31, 2018 unless sooner terminated under the provisions hereinafter specified. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and Kirschenbaum &Goss 2017 -2018 DRAFTS Page 1 of 9 135 damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Professional Liability Insurance: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Professional Liability insurance with a minimum coverage of $1,000,000 per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a manner and form acceptable to the City in the City's sole discretion. Cancellation of the required insurance shall automatically result in termination of this Agreement. 2. Automobile Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Commercial General Liability: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 1 N6chenbaum &Goss 2017 -2018 DRAFT8 Page 2 of 9 4. Workers' Compensation: The Contractor shall procure and maintain Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 7. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement, to the extent permitted by law. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor, with regard to the services to be provided under this agreement, shall not discriminate against any employee, applicant for employment, on the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any sensory, mental or physical disability in the selection and retention of employees or procurement of materials or supplies. Kirschenbaum &Goss 2017 -2018 DRAFT8 Page 3 of 9 137 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement, except for prosecution services, without the written consent of the City. 12. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 13. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 14. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: Kirshenbaum & Goss, Inc. P.S. 1314 Central Ave S Ste. 101 Kent, WA 98032 -7430 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 2016. CITY OF TUKWILA Allan Ekberg, Mayor Attest /Authenticated: Christy O'Flaherty, City Clerk i :f8 schenbaum&Goss 2017 -2018 DRAFTS CONTRACTOR: David Kirshenbaum Approved as to Form: Rachel Turpin, City Attorney Page 4 of 9 EXHIBIT A - SCOPE OF SERVICES Contractor agrees to provide a level of service equal to or greater than the level of service provided by an in -house public defense office. In particular, Contractor agrees to: A. Provide legal representation services in accordance with the standards adopted by the City in TMC 2.70, the standards set forth by the Washington State Bar Association Standards for Indigent Defense Services, the Rules of Professional Conduct, Wilbur v. Mt. Vernon, other related case law and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases for all indigent criminal defendants charged with a misdemeanor or gross misdemeanor under ordinances of the City who qualify for appointment of counsel. The Contractor agrees to attempt to contact the client within 72 hours of notification of appointment. The Contractor shall provide legal representation for each of these defendants from time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. B. Pursuant to TMC 2.70.50 Standard 8, the Contractor shall maintain a case reporting and case management system that includes number & type of cases, attorney hours and disposition. C. Determination of indigency for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City. Should the Contractor determine a defendant is not eligible for assigned counsel prior to the establishment of the attorney /client privilege, the Contractor shall so advise the City to reconsider the screening of that particular individual. D. The Contractor shall provide to the City Police Department, a telephone number or numbers at which an attorney may be reached 24 -hours each day for "critical stage" advice to the defendants during the course of police investigations and /or arrest for misdemeanor violations of City Ordinances. E. Any counsel associated with or employed by the Contractor shall have the authority to perform the services called for herein and the Contractor may employ associate counsel to assist him/her at the Contractor's expense. The Contractor and any other attorneys retained pursuant to this section shall be admitted to practice pursuant to the rules of the Supreme Court of the State of Washington and shall have read and be fully familiar with the provisions of the Washington Supreme Court rule and the standards adopted by the City pursuant to TMC 2.70, as well as the Wilbur v. Mt. Vernon decision. F. The City shall provide to the Contractor, at no cost, one copy of all discoverable material concerning each assigned case. Such material shall include, where relevant, a copy of the abstract of the defendant's driving record. G. In the event representation of a defendant hereunder raises a conflict of interest such that the Contractor cannot ethically represent the defendant, said defendant shall be referred back to the City for further assignment, without cost to the Contractor. H. Contractor agrees to attend seven (7) hours of criminal defense training each year. The training must be approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements. This requirement also applies to all associate counsel. Each attorney will submit a copy of their Continuing Legal Education (CLE) Credits transcript from the Washington State Bar Association (WSBA) with the Annual Report. Kirschenbaum &Goss 2017 -2018 DRAFT8 Page 5 of 9 139 EXHIBIT A - SCOPE OF SERVICES (CONTINUED) I. Reporting: Contractor agrees to submit the following reports: • Monthly Statistics Reports: This report shall take substantially the same form as that attached hereto as Exhibit C and shall be submitted with the monthly invoice; • Quarterly Certification of Compliance: The Contractor shall certify compliance with the standards required by CrRLJ 3.1. The Certification shall take substantially the same form as that attached hereto as Exhibit D and shall be filed quarterly with the Tukwila Municipal Court on the following dates: January 1, April 1, July 1, and October 1, or the next court day, if the filing day falls on a weekend or holiday; • An Annual Report detailing the number of other public defense contracts including jurisdiction, the number and type of non - public defense cases handled and the total hours billed for non - public defense cases. J. Video Court Services: Provide daily video court public defense services to defendants charged under ordinances of the City who are detained at the SCORE Jail and qualify for public defense services in a manner consistent with the accepted practices for similar services, performed to the City's satisfaction. K. Attorney of the Day Services: Provide an attorney for weekly arraignment calendars, available to all unrepresented defendants for consultation. 1 Wchenbaum &Goss 2017 -2018 DRAFT8 Page 6 of 9 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Effective January 1, 2017 for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $32,600, which includes $2,000 per month for Video Court services, and $200 per day for Attorney of the Day services. 2. Preauthorized Non - Routine Expenses. Non - routine case expenses requested by Attorney and preauthorized by order of the Tukwila Municipal Court. Non - Routine expenses include, but are not limited to: a. Medical and psychiatric evaluations; b. Expert witness fees and expenses; c. Interpreters for languages not commonly spoken in the city or interpreters for services other than attorney /client communication; d. Investigation expenses; e. Medical, school, birth, DMV, 911, emergency communication recordings and logs, and other similar records when the cost of an individual item does not exceed $75; and f. Any other non - routine expenses the tukwila municipal court finds necessary and proper for the investigation, preparation, and presentation of a case. 3. The Contractor shall invoice the City on the first day of the month, or the first workday thereafter, for all cases assigned to him/her for the previous month. The bill shall delineate the following: • City compensation; • Grant Fund compensation; • Miscellaneous Charges: Copies of invoices and or receipts for miscellaneous charges shall be attached to the bill; and • A list of the cases assigned for the month including the defendant's full name, case number, charges, date of assignment & date of first contact. Payment shall be made on or by the 20th day of each and every month thereafter. Kirschenbaum &Goss 2017 -2018 DRAFT8 Page 7 of 9 141 EXHIBIT C — PUBLIC DEFENSE MONTHLY REPORT New Filings Post - Conviction Special Out of Court Meetings /Phone Calls /Email Correspondence Jail Visits Motions Deferred Prosecution SOC/ Pre -Trial Diversion Agreements Compromise of Misdemeanors Plead as Amended (reduction of charges and /or dismissing counts) Plead as Charged Dismissals FTA's Stipulated Facts Trial Bench Trial Jury Trial FTA's Dav of Trial Expert Consulted Immigration Case Assistance /Resources (WDA) Intermeter (out of court) Referred for Mental Health/Competency Evaluation Social Worker Complaint Forms Received from Clients Complaints Filed with the WSBA WDA WACDL Other 1 !?chenbaum &Goss 2017 -2018 DRAFT8 Page 8 of 9 EXHIBIT D — CERTIFICATION OF COMPLIANCE MUNICIPAL COURT FOR CITY OF TUKWILA STATE OF WASHINGTON CERTIFICATION BY: FOR THE CALENDAR QUARTER OF ] No.: ] Administrative Filing CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CrR 3.1 /CrRLJ 3.1 /JuCR 9.2 The undersigned attorney hereby certifies that for the past quarter and for the remainder of theme: 1. Approximately % of my practice time is devoted to indigent defense cases for the City of Tukwila. Approximately jurisdictions: _ % of my practice is devoted to indigent defense cases for the following Approximately % of my practice is devoted to private practice. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and certify that: a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigation services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. I will not accept a greater number of cases than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time. e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B -K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. f. Training: I will attend seven (7) hours of criminal defense training approved by the Washington State Office of Public Defense (OPD) in compliance with the OPD Improvement Program Training requirements each calendar year. Attorney, WSBA No. Date Kirschenbaum &Goss 2017 -2018 DRAFT8 Page 9 of 9 143 144 Finance and Safety Committee Minutes ............................................................................ ............................... November22, 2016 D. Contract: Public Defender Services Staff is seeking approval of a contract with Kirshenbaum & Goss, Inc. P.S. for continued public defender services during the 2017 -2018 biennium. The proposed rate is unchanged at $32,600 per month. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. E. Lease Agreement: Alliance One Staff is seeking approval of a lease agreement with Alliance One Management Receivables in the amount of $900.00 per month, which is a 3.33 increase from the previous rent. Alliance One provides collection services for court fines and fees and manages long -term payment plans for customers. Councilmember Kruller noted that there has been a recent leadership change with Alliance One. The Committee requested the item move forward to the December 5 Regular Meeting with the request that the Court Administrator address the Council with any concerns. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR MEETING. F. Statement of Intent: Regional Animal Services of King County Staff is seeking Council approval of a non - binding Statement of Intent to enter into an interlocal agreementwith Regional Animal Services of King County (RASKC) beginning January 1, 2018. The City's 2012 contract with RASKC included a two -year extension which was approved by the Council last year and expires on December 31, 2017. The existing contract is currently under review by representatives of each of the member cities and by King County, and proposed changes are summarized in the memo. The Cost allocation method of 80% service usage and 20% population will remain the same. Next steps will include County approval of a draft contract and Council review of the proposal by June 1, 2017. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. G. 2016 3`d Quarter Financial Report Staff presented the Committee with the City's 2016 3 d Quarter Financial Report which captures the general state of financial affairs and highlights significant items and trends. For the period ending September 30, 2016, revenues are above allocated budget by $1.83 million and expenditures are below budget by $1.39 million. INFORMATION ONLY. III. MISCELLANEOUS Adjourned at 5:52 p.m. Nextmeeting: Tuesday, December 6, 2016 ,4- ��L v _Committee Chair Approval Minutes by LH 145 146 COUNCIL AGENDA S ----------------------------- - - - - -I zilials Meefiq Dale Pre .pared b ' y M171.01 r,f re ie,W Council review 12/05/16 EB 1111 OV, I I i! IMQ V �Tj F-A 0 M Z ITEM NO. 4.K. iEHFA � STAFF SPONSOR: EVIE BOYKAN ORIGINALAGENDAD,vi'l,: 12/5/16 AGENDA ITj ?m Tri,i,i Authorization to sign 2016 contract for Minor Home Repair Services C,\,n,,,(-,oitY ❑ Discussion All Date Z Motion At g Dale 1219116 ❑ Resolulion Mtn Date F-1 Ordinance ll g Dale E]Bidllivard Alt g Dale ❑ Public Hearin Mtg Date El Other Ali g Date SPONSOR ❑ Cou&il Z Mayor [:] IIR ❑ DCD ❑ Finance [:] -Fire ❑ 17' ❑ P&R ❑ Police ❑ PIV SPONSOR'S Due to the size of the contract, Council must authorize Mayor's signature SUMM'\RY Ri,"VIE"WE"D BY ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Crate ❑ Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ I Planning Comm. DATE: 11/28 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Human Services, Mayor's Office C01","m"I"T"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI,"NDITURE Ri.QUIIZI D AMOUNT BUDGETED APPROPRIATION REQUIRED $135,000 $135,000 $ Fund Source: HUD Comments: Cities pay first, Tukwila is reimbursed by King county MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/5/161 Informational Memorandum dated 11/15/2016 King County Boilerplate Exhibit II Minutes from Community Affairs and Parks Committee meeting of 11/28/2016 iEHFA City of Tukwila Allan Ekberg, Mayor TO: Community and Parks Committee FROM: Evie Boykan, Human Services Manager CC: Mayor Ekberg DATE: November 15, 2016 SUBJECT: Authorization to sign contract between King County and City of Tukwila ISSUE We have received our draft 2016 contract with King County for the multiple jurisdiction minor home repair program. Due to the size of the contract award, Council must authorize the Mayor's signature. Due to the lag time with Housing and Urban Development we will just be starting our 2016 contract, despite the fact that it is 2016. We have just finished up with our 2015 funds. BACKGROUND The Human Services Division has been administering this program in-house since 2005. In 2015 our contractors served 20 unduplicated Tukwila households with 93 hours of housing repair. The cities involved (Tukwila, SeaTac, Covington and Des Moines) served a total of 79 households with over 600 hours of service. The budget for the 2016 contract is $135,000 for the entire program of 4 cities and $32,000 in construction dollars for Tukwila. The contract starting date is December 1, to minimize the disruption between the last contract and the new contract. FINANCIAL IMPACT We are required to upfront the dollars for the program and then are fully reimbursed by the federal dollars. RECOMMENDATION We seek Council support for the Mayor to execute the contract with King County Housing and Community Development in the amount of $135,000. We request that this item be considered for the Consent agenda at the regular meeting of December 5, 2016. ATTACHMENTS Copy of the Contract. WK 150 LIQ Department of Community and Human Services Community Services Division King County Housing and Community Development Section TTY Relay: 711 Contractor Project Title Contract Amount $ Contract Start Date: Termination Date (where applicable): DUNS No. (if applicable) Federal Taxpayer ID No. Contract End Date SAM No. (if applicable) KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT— 2016 THIS CONTRACT No. is entered into by KING COUNTY, a political subdivision of the State of Washington (the "County "), and , (the "Contractor "), whose address is . This Contractor is a [Washington nonprofit corporation / XXXX (State) nonprofit corporation /Municipal corporation/For- Profit Business licensed in the State of Washington /For Profit Corporation /Limited Liability Corporation /Limited Liability Partnership /Public Housing Authority /a Contractor of the State of Washington/ or fill in]. ]. Use of the term "Contractor" in this Contract is for ease of reference only and in no respect signifies that the party is a "Contractor" as described in 24 CFR §92.504(c)(4). WHEREAS, the County is an Urban County recipient of Community Development Block Grant Program (CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93- 383 as amended (HCD Act); HOME Investment Partnerships Program (HOME) funds under the National Affordable Housing Act of 1990 Public Law 101 -625 as amended (the "NAHA "). The County allocates Housing Opportunity Funds (HOF), Regional Affordable Housing Program (RAHP) funds, and Homeless Housing and Services Funds (2163), Homeless Housing Document Recording Fee Surcharge Revenue (2331), Veterans and Human Service Levy funds and Mental Illness and Drug Dependency (MIDD) funds to low- income housing development capital, infrastructure investment, energy efficiency and science, assistance to the unemployed and /or service projects and Current Expense (CX) funds to housing and community development projects in accordance with adopted County ordinances. The County uses CDBG, HOME, HOF, RAHP, Veterans and Human Services Levy funds and /or CX funds for the purpose of carrying out eligible community development and housing activities under the HCD Act, the NAHA, regulations promulgated by the U.S. Department of Housing and Urban Development (HUD) at 24 Code of Federal Regulations (CFR) Part 570, 24 CFR Part 92, 24 CFR Part 576, and adopted County Ordinances. (All CFR references can be found at httr)://www. access. o. ov /nara /cfr /cfr - table- search.html. All King County code references can be found at httr)://www.kincicountv.qov/council/legislation/kc code.as x); WHEREAS, an Urban County CDBG Consortium has been established by CDBG Interlocal Cooperation Agreements (CDBG ICAs) or joint agreements between the County and certain municipal corporations (Consortium Cities) within the County covering program years 2015 -2017. The CDBG ICAs specify allocation of CDBG funds by the County to those participating jurisdictions for use in accordance with the County Consolidated Housing and Community Development Plan (HCD Plan). The HCD Plan has been adopted by the King County Council, accepted by participating jurisdictions and approved by HUD; This form is available in alternate formats upon request for persons with disabilities. @ContractorNameHere Page 1 of 42 2016 Contract - @CN1 151 WHEREAS, a HOME Consortium has been established by HOME ICAs between the County and certain HOME Consortium Cities covering 2015-2017, the terms of which specify allocation of HOME funds by the County for use in accordance with the HCD Plan which has been adopted by the King County Council, accepted by participating jurisdictions, and approved by HUD; WHEREAS, the County desires to award certain funds to the Contractor for use as described in this Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as applicable under the HCD Act, NAHA, HUD regulations, State laws, and/or adopted County ordinances; WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County to undertake such eligible activities, so long as the requirements of the HCD Act, NAHA, HUD Regulations, State law, and County ordinances are adhered to as provided for herein; WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and regulations that pertain to the funds awarded in this Contract; WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of the following: County ordinance, HCD Act, NAHA, Revised Code of Washington (RCW) Chapter 39.34, RCW Chapter 35.21.730 et seq., the Constitution and the enabling laws of the State of Washington; NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree to abide by the provisions of this Contract. @ContractorNameHere Page 2 of 42 2016 Contract — @CN2 152 INDEX TO CONTRACT I. Scope of Contract and Incorporation of Exhibits 11. Duration of Contract 111. Term of Compliance for Capital Projects IV. Future Support V. Compensation and Method of Payment VI. Budget VII. Equipment Purchase, Maintenance and Ownership VIII. Contract Amendments IX. Internal Control, Accounting Systems and Audits X. Maintenance of Records XI. Evaluations and Inspections X11. Proprietary Rights XIII. Corrective Action XIV. Assignment XV. Termination XVI. Entire Contract/Waiver of Default XVI 1. Hold Harmless and Indemnification XVI 11. Insurance Requirements - General XIX. Nondiscrimination and Equal Employment Opportunity XX. Subcontracts and Purchases XXI. Nondiscrimination in subcontracting Practices XXII. Conflict of Interest XXIII. Board of Directors XXIV. Confidentiality XXV. Personal Information — Notice of Security Breach XXVI. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPPA) XXVI 1. Notices XXVI 11. King County Recycled Product Procurement Policy XXIX. Services Provided in Accordance with Law and Rule and Regulation XXX. Political Activity Prohibited XXXI. Miscellaneous Provisions XXX 11. Affirmative Marketing XXXIII. Accessibility for Capital Projects XXXIV. Labor Standards XXXV. Employment Opportunities on Assisted Construction Projects XXXVI. No Benefit to Owners and Developers of Assisted Housing XXXVII. Supplanting XXXV I 11. Drug Free Workplace Certification and Other Federal Requirements XXXIX. Constitutional Prohibition XL. Promissory Note, Deed of Trust and Covenant XLI. Anti-Displacement and Relocation Assistance XLII. Property Management for Capital Projects XLIII. Taxes and Licenses XLIV. Procedure in the Event of Casualty/Condemnation for Capital Projects @ContractorNarne Here Page 3 of 42 2016 Contract — @CN2 153 EXHIBITS ATTACHED HERETO Exhibit Name Amount Fund Source I. Certificates of Insurance/Endorsements I. SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS A. Scope The Contract between the parties shall consist of the signature page, each Program/Project Exhibit incorporated into the Contract, all matters and laws incorporated by reference herein, and any written amendments made in accordance with the provisions contained herein. The exhibits attached to this Contract as Exhibits through are hereby incorporated by this reference. This Contract supersedes any and all former agreements regarding projects described in the attached Project/Program Exhibit(s). If there is a conflict between any of the language contained in this Contract and any of the language contained in any Project/Program Exhibit in this Contract, the language in this Contract shall control, unless the parties affirmatively agree to the contrary in a writing that has been reviewed and approved by the King County Prosecuting Attorney's Office. This Contract shall govern both: 1. Service Projects (human service, planning, program administration and micro- enterprise or supportive services for the homeless); and 2. Capital Projects (acquisition, improvement, and rehabilitation of real property and construction or reconstruction of public infrastructure). The two types of activities may be included in one Contract as separate Project/Program Exhibit(s) of Services. B. Mandatory Certifications The Contractor certifies that it shall comply with the provisions of Sections XIX. Nondiscrimination and Equal Employment Opportunity, XXIL Conflict of Interest and XXX. Political Activity Prohibited of this Contract. If the Contractor is a municipal corporation (other than King County), or Contractor of the State of Washington, King County Code (KCC) chapters 12.16, 12.17 and 12.18 do not apply to the Contractor, but may apply to any subcontractor of the Contractor. C. Contact Person King County and the Contractor shall each designate a contact person for each Project/Program Exhibit incorporated in this Contract. All correspondence, reports and invoices shall be directed to the designated contact person. This provision does not, however, supplant or override Section XXVIL Notices. D. Federal Funds The term "federal funds" as used herein means CDBG funds and/or HOME funds. The specific types of funds provided under this Contract are specified in the attached Project/Program Exhibit(s). @ContractorNameHere Page 4 of 42 2016 Contract — @CN2 154 E. Environmental Review This section applies toall projects using federal funds that are not exempt under 24 CFF< Part 58. Notwithstanding any provision of this uontract, the parties hereto agree and acknowledge that this contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory CODlp|edOO Of eOVin3O[DeOL3| review and receipt of 8 [8|e@Se of funds from HUD under 24CFR Part 58. The parties further agree that the provision Vf any funds to the project iSCOOditiOOedupOOP(iOgCVUDtV'SdeteFDliO@tiVDtoprOCeedVVith'[Oodifvo[ cancel the project baaedonthereau|teofeeubaequentenvironnnenta|revievv.The Contractor shall not spend any funds on physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or COnStrV{tiVD prior to the environmental clearance. ViO/@dOO of this provision shall neSU|t iO the denial of any funds under this Contract. Capital Projects using federal funds Sh3U also comply with subsections F' G' H and i F. Environmental Policy Act The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy /\ot as implemented by HUD Environmental Review Procedures (24CFR Part 58) and the Federal laws and authorities identified therein. The Contractor shall be solely responsible for the cost of compliance with all such Federal laws and authorities including the cost 0fpreparing plans, studies, reports and the publication ofnotices that may be required. The Contractor and its subcontractors shall not take any actions inconsistent with 24CFF< Part 58. G. National Flood Insurance The use ofC[)BG and HOME funds for acquisition Or construction purposes iO identified special flood hazard areas shall be subject to Contractor mandatory purchase Of flood insurance @Srequired by Section 1O2(8)Of the Flood Disaster Protection Act Of 1873 (Pub L.S3-237\. H. Lead Based Paint The Contractor shall comply with the Lead-Based Paint Poisoning Prevention Act (42 United States Code /U8C\4821-4848).the Residential Lead-Based Paint Hazard Reduction Act of1992(42U8C4O51-4858). and implementing regulations ot24CFFl Part 35, subparts A, B. J' K. and R. Generally, theme |mvvS prohibit the use of lead- based p8iOt(VVh8DeVe[fUOdSUOdB[thiSCoO[F8{t8FeUS8ddiFeCt|yO[iDdiFe{t|Vfo[ coDsi[UCdOD, rehabilitation or modernization of residential structures); require elimination of immediate lead-based paint hazards in [eSideOd@| structures; and require notification of the hazards of lead-based paint poisoning topurchasers and tenants of residential structures constructed prior to 1878. Environmental Justice The Contractor shall comply with Presidential Executive Order 12898 requiring identification and mitigation, as appropriate, of disproportionately high and adverse human health o[ environmental impacts [f programs, policies and activities on minority and/or low-income pOpU|@tiOOG. @Cuntracm,womenary Page oovwo 2n1s Contract -@CNo Subrecipient Monitoring First -tier subrecipients shall register in the Central Contractor Registration (CCR), including obtaining a Dun and Bradstreet Data Universal Numbering System (DUNS) number and maintain the currency of that information. A pass through entity shall be responsible for determining that subrecipients have current CCR registrations prior to making subawards and performing periodic checks to ensure that the subrecipients are updating information as necessary. 2. Recipients shall require each subrecipient to; a. Document at the time of the subaward and disbursement of funds, the Federal award number, Catalog of Federal Domestic Assistance (CFDA) number; and b. Provide similar identification in their Schedule of Expenditures of Federal Awards (SEFA) and Form SF -SAC. Additional information, including presentation requirements for the SEFA and SF -SAC, is provided in Appendix VII of the 2009 Supplement (2 CFR Section 176.210). 11. DURATION OF CONTRACT The terms of this Contract shall be in effect from the Start Date (as defined in the Project /Program Exhibit(s)) or the date of execution of this Contract, whichever is earlier, and shall terminate on the Termination Date specified in each Project/Program Exhibit, unless extended to a later date or terminated earlier, pursuant to the terms and conditions of the Contract. III. TERM OF COMPLIANCE FOR CAPITAL PROJECTS The Contractor shall own and operate the project during the Compliance Period as defined in the Program /Project Exhibit. IV. 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. V. COMPENSATION AND METHOD OF PAYMENT The County shall reimburse the Contractor only for the approved activities specified in each Project /Program Exhibit and the reimbursement amount shall not exceed the amount specified in each Project/Program Exhibit. Reimbursements will be payable in the following manner. A. Start Date and End Date Start Dates and End Dates for individual projects shall be specified in each Project /Program Exhibit. Costs incurred before the Start Date will not be reimbursed. Costs incurred after the End Date will not be reimbursed. B. Submission of Invoices, Supporting Documentation and Reports The Contractor shall submit an invoice, supporting documentation for costs claimed in the invoice and all reports as specified in each Project/Program Exhibit or the County may not process the invoice. Supporting documentation for costs claimed in the invoice @ContractorNameHere Page 6 of 42 2016 Contract — @CN2 156 includes, but is not limited to, purchase orders and bills. The County shall initiate authorization for payment to the Contractor not more than 30 days following the County's approval of a complete and correct invoice, supporting documentation and reports. C. Final Invoice for Service Projects The Contractor shall submit its final invoice for each Project/Program Exhibit providing funding for Service Projects within seven business days after the End Date. The Contractor shall submit all outstanding reports for each Project/Program Exhibit providing funding for Service Projects within 30 business days after the End Date. If the Contractor's final invoices, supporting documentation, and reports are not submitted by the last date specified in this subsection, 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; provided, however, the County may elect to pay any invoice that is not submitted in a timely manner. D. Final Invoice for Capital Projects Unless provided otherwise in the Project /Program Exhibit(s), the Contractor shall submit its final invoice, supporting documentation, and all outstanding reports for each Project /Program Exhibit providing funding for Capital Projects before the End Date specified in the Project /Program Exhibit(s). If the Contractor's final invoices, supporting documentation, and reports are not submitted by the date specified in this subsection, 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; provided, however, the County may elect to pay any invoice that is not submitted in a timely manner. E. Unspent County Funds 1. After the End Date specified in each Project /Program Exhibit, for individual projects covered by this Contract, the County shall recapture any unexpended funds encumbered under this Contract. 2. During the term of the Contract, the County may, upon agreement with the Contractor, recapture any unexpended funds for reallocation to other Project /Program activities. Projects using federal funds shall also comply with the following subsections F, G, H and I. F. 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 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). @ContractorNameHere Page 7 of 42 2016 Contract — @CN2 157 G. 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 Part 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. H. Excess Federal Funds CDBG and /or HOME 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. Program Income The Contractor shall report all CDBG and HOME Program Income, as defined in 24 CFR §§ 92.2, 92.503 and 570.504(c) and in the ICAs, generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. Program Income is to be reported to the County. 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(s), the Contractor shall comply with all provisions of this 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 II. Duration of Contract or Section XV. Termination. VI. BUDGET The Contractor shall apply the funds received from the County under this Contract in accordance with each Project /Program Exhibit including a line item budget, if applicable, set forth in each Project /Program Exhibit. The Contractor shall request in writing prior approval from the County to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request. All budget revision requests in excess of ten percent of a line item amount shall be reviewed and approved or denied by the County in writing. VII. EQUIPMENT PURCHASE MAINTENANCE AND OWNERSHIP A. Equipment Purchase 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. Maintenance of Equipment The Contractor shall be responsible for all such equipment, including the proper care and maintenance. @ContractorNameHere Page 8 of 42 2016 Contract — @CN2 158 C. Equipment Returned The Contractor shall ensure that all such equipment shall be returned to the appropriate government agency, whether federal, state or county, upon written request of the County. D. Right of Access The Contractor shall admit the County's Property Management Officer to the Contractor's premises for the purpose of marking such property with appropriate government property tags. E. Maintenance of Records The Contractor shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract identified funds. F. Disposition of Equipment Projects using federal funds shall also comply with the following requirement. 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 of, encumbering or transferring ownership, of any equipment purchased in whole or in part with federal funds. VIII. 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. Budget revisions approved by the County pursuant to Section VI. Budget are not required to be incorporated by written amendment. IX. INTERNAL CONTROL ACCOUNTING SYSTEM 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. Not - for - Profit Corporations 1. This subsection A applies to any corporation, trust, association, cooperative or other organization that: (i) is operated primarily for scientific, educational, service, charitable or similar purposes in the public interest; (ii) is not organized primarily for profit; and (iii) uses its net process to maintain, improve or expand its operations. @ContractorNameHere Page 9 of 42 2016 Contract — @CN2 159 2. The Contractor shall provide the County with a copy of its applicable IRS Form 990 (Return of Organization Exempt from Tax), IRS Form 1065 (Partnership tax return), or equivalent when requested. 3. The Contractor shall comply with the specific requirements for independent financial audits or alternative as follows: a. A Contractor receiving $750,000 or more in direct or indirect federal funding from all sources during its fiscal year, including other forms of federal financial assistance shall have a single audit or program- specific audit conducted for that year. Such audit shall be done in accordance with the provisions of the Single Audit Act Amendments of 1996 as required by 2 CFR Part 200. b. A Contractor receiving $100,000 or more from County fund sources during its fiscal year that is not otherwise subject to the requirements of 2 CFR Part 200 shall have a financial statement audit conducted for that year. Such audit shall be performed by an independent certified public accountant and conducted in accordance with the American Institute of Certified Public Accountants' (AICPA) generally accepted auditing standards. c. A Contractor receiving less than $300,000 from all fund sources during its fiscal year shall be required to complete a limited scope financial statement/internal control review as defined by the AICPA and according to AICPA standards. Any limited scope financial statement /internal control review shall be conducted in accordance with the AICPS' a Statements on Standards for Attestation Engagements and shall be performed by an independent certified public accountant. 4. A Contractor that is not subject to 2 CFR Part 200 may, in extraordinary circumstances, request a waiver of audit requirements and, with the review and upon approval of the County, substitute for the above requirements other forms of financial reporting or fiscal representation certified by the Contractor's Board of Directors. a. That financial statement audit and any associated management letter show no reportable conditions or internal control issues; and b. There has been no turnover in key staff since the beginning of the period for which the audit was completed. If the Contractor does not meet the qualifications in Section IX. 4 a. and b. then the Contractor shall provide a financial statement audit. 5. The Contractor shall provide to the County a copy of the audit report, including any management letter or official correspondence submitted by the auditor, its response and corrective action plan for all findings and reportable conditions contained in its previous audit or any alternative documents required under Section IX. Internal Control, Accounting Systems and Audits Subsection A. 3. of this Contract. These documents shall be submitted no later than nine months subsequent to the end of the Contractor's fiscal year. The documents may be submitted electronically or in hard copy. 6. 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 @ContractorNameHere Page 10 of 42 2016 Contract — @CN2 160 requirements. Even if this Contract is not amended, the Contractor agrees to comply with any such additional audit requirements. 7. If the Contractor receives a financial audit, including an A -133 audit, due to requirements other than stated herein, such audit shall be provided to the County within the time period identified in Section IX. Internal Control, Accounting Systems and Audits Subsection A. 4. even if not otherwise required under this section. B. Municipal Corporations If the Contractor is a municipal corporation in the state of Washington, it 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, which submittal shall constitute compliance with Section IX. Internal Control, Accounting Systems and Audits. C. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is 14.218. The CFDA number for the HOME program is 14.239. Additional federal and /or state audit or review requirements may be imposed on the County, and if the Contractor has CDBG, or HOME funds in the Contract, it shall be required to comply with these requirements. X. MAINTENANCE OF RECORDS A. Scope of Records The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records specified in each Project /Program Exhibit or otherwise deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. Time for Retention of Records Records required to be maintained in subsection A. above shall be maintained for a period of six years after the termination date, unless a different period for records retention is specified in the Project/Program Exhibit. C. Location of Records /Notice to County 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. Projects using federal funds shall also comply with subsections D, E, F, G, H, I, J, K, L, and M. D. Federal Exceptions to Retention Requirements Exceptions to the six year retention period 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. @ContractorNameHere Page 11 of 42 2016 Contract — @CN2 161 E. 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 2 CFR Part 200. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income. F. Tenant Notification and Relocation Records If the Contractor is acquiring property with existing tenants, Contractor record keeping for tenant notification and relocation must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (The "Uniform Relocation Act "), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization and farm operation displaced or in the relocation workload must be kept. G. Acquisition Records If the Contractor is using funds under this Contract for property acquisition, the Contractor must maintain a separate acquisition file for each acquisition process documenting compliance with Uniform Relocation Act regulations at 49 CFR Part 24, including a notice of voluntary sale. H. Beneficiary Records The Contractor agrees to maintain racial, ethnic, disability status, single head of household, household income, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Contract if required in a Project/Program Exhibit. Labor Standards If the Contractor is using funds under this Contract for construction work, the Contractor shall maintain records documenting compliance by all construction contractors with the labor standards as required under 24 CFR § 570.603 for CDBG funds and 24 CFR § 92.354 for HOME funds. Other Construction Records The Contractor and all of its subcontractors shall maintain records and information necessary to document the level of utilization of state certified small, minority, and women -owned businesses, and other businesses as subcontractors and suppliers under this Contract. The Contractor shall also maintain all written quotes, bids, estimates or proposals submitted by the contractor and any and all businesses seeking to participate in this Contract. The Contractor shall make such documents available to the County for inspection and copying upon request. K. Employment Records If the Contractor is a municipal corporation or an 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 @ContractorNameHere Page 12 of 42 2016 Contract — @CN2 162 2. Documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap. L. 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 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. M. Record-Keeping Requirements and Site Visits The Contractor shall maintain, for at least six years after completion of all work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data and records related to the Contract for the purpose of monitoring, audit and investigation to determine compliance with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the Contract documents; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. X1. EVALUATIONS AND INSPECTIONS A. Right of Access to Facilities for Inspection of Records 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 activities funded under this Contract. The County shall give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. B. Time for Inspection and Retention 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 the termination date, unless a different period is specified in the Project/Program Exhibit or a longer retention period is required by law. @ContractorNameHere Page 13 of 42 2016 Contract — @CN2 163 C. Agreement to Cooperate 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. XII. PROPRIETARY RIGHTS A. 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 Contractor. The Contractor agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty -free license to reproduce, publish or otherwise use, and to authorize others to use, according to law, any work material or article and use any method that may be developed as part of the work under this Contract. B. 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. C. 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. XIII. CORRECTIVE ACTION A. Default by Contractor If the County determines that a breach of contract has occurred because the Contractor failed to comply with any material terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to in any Project /Program Exhibit attached hereto, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply. 1. The County shall notify the Contractor in writing of the nature of the breach. 2. The Contractor shall submit a plan describing the specific steps being taken to correct the specified deficiencies (the "corrective action plan "). The corrective action plan shall be submitted to the County within ten business days from the Contractor's receipt of the County's notice under this section. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which completion date shall not be more than 30 days from the date the County receives the Contractor's corrective action plan, unless the County, in its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions. 3. The County shall notify the Contractor, in writing of the County's determination as to the sufficiency of the Plan. The County shall have sole discretion in determining the sufficiency of the Contractor's corrective action plan. B. Termination of Contract 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 @ContractorNameHere Page 14 of 42 2016 Contract — @CN2 164 County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Subsection XV. Termination Subsection B. C. County Withholding of Payment 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. D. No Waiver of Other Remedies Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XV. Termination or other remedies authorized by law. XIV. ASSIGNMENT The Contractor shall not assign, transfer or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the prior written consent of the County. Additional terms for County consent to such assignment, transfer or subcontract may be described in a Project/Program Exhibit and, where expressly specified in the Project /Program Exhibit, shall supersede the requirements and limitations of this Section XIV. Said consent must be sought in writing by the Contractor not less than 15 business days prior to the date of any proposed assignment, transfer or subcontract. The Contractor shall deliver to the County with its request for consent, such information regarding the proposed assignee, transferee or subcontractee, including its proposed mission, legal status, and financial and management capabilities as is reasonably available to the Contractor. Within 15 days after such request for consent, King County may reasonably request additional available information on the proposed assignee, subcontractee or transferee. If the County shall give its consent, this section shall nevertheless continue in full force and effect. Any assignment, transfer or subcontract without prior County consent shall be void. XV. TERMINATION A. Termination for Convenience 1. This Contract may be terminated by the County without cause, in whole or in part, prior to the termination date specified in the Project /Program Exhibit, by providing the Contractor 30 days advance written notice of the termination. 2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in the Project/Program Exhibit, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. 3. If the Contract is terminated as provided above: a. 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 b. The Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. @ContractorNameHere Page 15 of 42 2016 Contract — @CN2 165 B. Termination for Cause The County may terminate this Contract, in whole or in part, upon seven days advance written notice to the Contractor in the event: a. The Contractor materially breaches any duty, obligation, or service required pursuant to this Contract and such breach has not been cured by a corrective action plan acceptable to the County; or b. The duties, obligations, or services required herein become impossible, illegal or not feasible. 2. If the County terminates the Contract pursuant to this Section XV. Termination, Subsection B. the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. 3. 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 return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. 4. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II. Duration of Contract, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. 5. If the Contract is terminated as provided in this Subsection: a. The County shall be liable only for payment in accordance with the terms of this Contract for services rendered and authorized purchase made prior to the effective date of termination; and b. The Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. 6. 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. Waiver Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract at law or in equity 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. XVI. ENTIRE CONTRACTMAIVER 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 or 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 @ContractorNameHere Page 16 of 42 2016 Contract — @CN2 166 the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XVII. HOLD HARMLESS AND INDEMNIFICATION A. Contractor is an Independent Contractor 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. 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. B. Contractor Agreement to Repay 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. C. Contractor Indemnification of County 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 damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, contractors, subcontractors 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 to the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of RCW, Title 51. In the event the County incurs any judgment, award and /or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. To the extent that a Contractor subcontractor fails to satisfy its obligation to defend and indemnify King County, as detailed in Section XVII. Hold Harmless and Indemnification, the Contractor shall protect, defend, indemnify and @ContractorNameHere Page 17 of 42 2016 Contract — @CN2 167 hold harmless King 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 contractor /subcontractor, its officers, employees, and /or agents in connection with or in support of this Contract. 2. 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. 3. The Contractor agrees not to perform any acts that include use or transfer of software, book, document, report, film, tape, or sound reproduction, or material of any kind, delivered hereunder, that constitutes an infringement of any copyright, patent, trademark, trade name and /or otherwise results in unfair trade practice. The Contractor agrees to indemnify the County for any harm resulting from unfair trade practices. 4. The provisions in this section shall survive the termination and /or duration of the contract term. 5. Nothing contained within this provision shall affect and /or alter the application of any other provision contained within this Contract. 6. The indemnification, protection, defense and hold harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XVIII. INSURANCE REQUIREMENTS— GENERAL A. Insurance Required By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees and /or contractor /subcontractors. The Contractor or contractor /subcontractor shall pay the costs of such insurance. The Contractor shall furnish separate certificates of insurance and policy endorsements from each contractor /subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, contractor /subcontractors, providers and /or provider 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 insurance on a "claims made" form may be acceptable with prior County approval. 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 Contract termination, and /or conversion from a "claims made" form to an "occurrence" coverage form. @ContractorNameHere Page 18 of 42 2016 Contract — @CN2 168 Nothing contained within these insurance requirements shall be deemed to limit the scope' application and/or limits of the coverage afforded by said policies, vvhidl coverage will apply tn each insured to the full extent provided bythe terms and COOdidVDs of the pOUCy(S). Nothing COOt@iD8d in this p[OViSiOO shall affect and/or alter the application of any other pnDViSiOD contained within this Contract. B. Risk Assessment bvContractor By requiring such minimum insurance, the County shall not b8 deemed O[ construed to have assessed the risks that may beapplicable to the Contractor under this Contract, nor shall such minimum limits be construed to limit the limits available under any insurance coverage obtained by the Contractor. The Contractor shall assess its own [iShS and, ifitdeems appropriate and/or prudent, maintain greater limits and/or broader coverage. C. Minimum Scope of Insurance. Coverage shall be at least as broad as the following: 1. General Liability Insurance Services Office form number (CG 00 01) covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liability, Errors and Omissions Coverage In the event that services delivered pursuant b} this Contract either directly or indirectly involve or require p[OfeSSiOO8| services, Professional Liability, E[n}nS 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 a professional standard of care. 3. Automobile Liability Insurance Services Office form number (CA DOO1\covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by SyOObo|g 2' 7' 8' or 9. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. 5. Stop Gap/Employers Liability Coverage shall beed least GG broad as the protection provided bv the Workers' Compensation policy Part (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. 6. Property Insurance Insurance Services Office form number (CPOO10covering BUILDING AND PERSONAL PROPERTY COVERAGE and Insurance Services Office form number (CP1O3O) orproject appropriate equivalent. Page 1nof 42 201O Contract -@CN2 7. National Flood Insurance The use ofC[)BG and HOME funds for acquisition O[ construction purposes in identified special flood hazard areas shall be subject to Contractor mandatory purchase Offlood insurance 3Srequired by Section 102(@) of the Flood Disaster Protection Act Cf1873 (Pub LS3-237>. 8. Builder's F{iSk/|nSt@U8UOD Floater The Contractor shall procure and maintain during the life Ofthe Contract, o[until acceptance of the project by King County, whichever is longer, "All Risk" Builders Risk Insurance at least as broad as ISO form nunnberCPOO2O (Builders Risk Coverage Form) with ISO form number CP0030 (Causes of Loss—Special Form) including coverage for collapse, theft and property iO transit. The coverage shall /OSUFe for direct physical |OSs to property of the entire COOSL[UctioD project, for one hundred percent of the replacement value thereof. The policy shall be endorsed to cover the intereGtn. as they may appear, of King County. {}vvner. Contractor and subcontractors of all tiers with King County listed as a |oaa payee. D. K8inirnu[n UFDbS of Insurance—Capital Projects The Contractor shall maintain |iOlUS OO |8SG than the following: 1. COrnDlen:i@| General Liability: $1,000,000 combined single Unlit per occurrence by bodily injury, penSOO@|injury, and p[opedvdamage; and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. P[0feSSiOO8| Li8bi|i1y, Errors, and {}DligsiVDS: , Per Claim and in the Aggregate. 3. /\ULODlObi|e Liability: $1,000,000 combined single limit per accident for bodily injury and property damage if the use Of motor vehicles is contemplated. 4. Workers' Compensation: Statutory requirements Of the state of residency. 5. Stop Gap /Employers Liability: . 0. Property Insurance: One hundred percent replacement value of funded structure. E. K8ininnUno Limits Of |OSUr@OCe---BUi|d|Og CODStruCt|OO Period Prior tO commencement Ofbuilding construction and until construction iScomplete and approved bv the Contractor, the Contractor shall cause the construction contractor and related professionals to procure and maintain insurance against claims for injuries to persons or damages to property which may arise from, oriO connection with the activities related to this Contract. The Contractor and County shall be named as additional insureds on liability policies except Workers Compensation and Professional Liability, and @S Named Insureds OO Builders Risk policies. The cost of such insurance shall be paid by the Contractor and/or any [f the Contractor's contractors/ GVbcnOt[8[tOrS. The Contractor shall maintain |iDlibS no less than the following: 1. CnDlDle[Ca| General Liability: $1,000,000 combined single limit per occurrence for bodily injury, penSDD@| injury and property damage and $2,000,000 in the aggregate. @Contmcto,women*na Page oOof4a 2O18 Contract -@Cwo 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate. 4. Builder's Risk Insurance: One hundred percent replacement cost value. 5. Workers Compensation: Statutory requirements of the State of residency. 6. Stop Gap or Employers Liability Coverage: $1,000,000. F. Minimum Limits of Insurance — Services Agreements: The Contractor shall maintain limits no less than the following: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000,000 in the aggregate. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate. 4. Workers Compensation: Statutory requirements of the State of Residency. 5. Stop Gap or Employers Liability Coverage: $1,000,000. Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects and Services Contracts. G. 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. H. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. All Liability Policies except Professional and Workers Compensation. 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. Such coverage shall include Products - Completed Operations. b. To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and /or self- insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. @ContractorNameHere Page 21 of 42 2016 Contract — @CN2 171 c. The Contractor's insurance shall apply separately to each insured against whom claim is made and /or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. Property Coverage Policies a. The County shall be added to all Property Coverage Policies as a loss payee as its interests may appear. b. The County shall be added as a Named Insured as its interests may appear to all Builders Risk policies. 1 All Policies Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 30 days prior written notice has been given to the County. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with AM Bests, with minimum surpluses the equivalent of AM Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with AM Bests' rating of B +VII. Any exception must be approved by the County. If, at any time, the foregoing policies shall fail to meet the above 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 appropriate certificates and endorsements, for approval. J. Verification of Coverage The Contractor shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 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. K. Subcontractors The Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. If the Contractor is relying on the insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract, then such requirements and documentation shall be subject to all of the requirements stated herein. @ContractorNameHere Page 22 of 42 2016 Contract — @CN2 172 L. Municipal or State Contractor Provisions If the Contractor is a municipal corporation or a Contractor of the state of Washington and is self- insured for any of the above insurance requirements, a certification of self - insurance shall be provided for the self- insured requirements and attached hereto and be incorporated by reference and shall constitute compliance with this Section. If the certificate of self- insurance does not cover all mandatory requirements, the Contractor shall provide separate certificates and endorsements that document coverage. XIX. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Equal Benefits to Employees with Domestic Partners In accordance with King County Ordinance 14823, as a condition of award of a contract valued at $25,000 or more, the 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. Absent authorization for delayed or alternative compliance, 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 the contract is valued at $25,000 or more, by signing the Contract/Bid Submittal the Contractor is indicating compliance with this requirement or with the terms of an authorization for delayed or alternative compliance B. Nondiscrimination in Employment Provision of Services To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of this Contract, neither the Contractor nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. C. Nondiscrimination in Subcontracting Practices To the extent prohibited by KCC Chapter 12.16 or 12.17, 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 or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. D. Compliance with Laws and Regulations The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, Presidential Executive Orders and regulations that prohibit discrimination to the extent applicable. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. In addition, King County Code chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code chapters shall specifically apply to this contract, to the full extent applicable. The @ContractorNameHere Page 23 of 42 2016 Contract — @CN2 173 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. E. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities 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: 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.kingcounty.gov /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 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. 2. Contact OMWBE to obtain a list of certified minority -owned and women -owned business enterprises by visiting their website at http: / /www.omwbe.wa.gov/ 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. F. Equal Employment Opportunity Efforts The Contractor shall 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 or expression or age. The Contractor's 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 @ContractorNameHere Page 24 of 42 2016 Contract — @CN2 174 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. G. Compliance with Section 504 of the Rehabilitation Act of 1973 as amended (Section 504) and the American Disabilities Act of 1990 as amended (ADA) Pursuant to Title II of the ADA and Section 504 the 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 II of the ADA, and Section 504 and shall not deny participation or 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. 1. 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 2. 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, 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. H. 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 the Contract and by applicable law. Fair Housing Protections The Contractor shall comply with the federal Fair Housing Act, Public Law 90 -284 (42 USC 3601 et seq.). The Contractor shall take necessary and appropriate actions to prevent discrimination in any housing - related project under this Contract, which includes rental housing projects and /or projects that include residential real estate - related transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601) and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential real estate - related transactions include the making or purchasing of loans or the provision of financial assistance secured by real estate, or the making or purchasing of loans or financial assistance for the purchasing, constructing, improving, repairing or maintaining of a dwelling. Rental housing includes any dwelling that is intended for occupancy as a residence for one or more families by lease, sublease or by grant for a consideration of the right to occupy Premises not owned by the occupant. In addition, except for projects located in incorporated jurisdictions, the Contractor shall comply with the applicable provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the King County Code, which prohibits practices of housing discrimination against any person on the basis of age, @ContractorNameHere Page 25 of 42 2016 Contract — @CN2 175 ancestry, color, disability, marital status, national origin, parental status, possession of Section 8 housing assistance, race, religion, retaliation, sex, and sexual orientation. Projects using federal funds shall also comply with subsections J, K, L, and M below. 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 HCD Act of 1974, as amended (42 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. K. Prohibited Discriminatory Actions Except where expressly authorized by federal law, the Contractor may not, under any program or activity to which this Contract applies, directly or through contractual or other arrangements, 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. Discriminatory actions may include but are not limited to the following: a. Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity; b. Denying any person services due to limited English proficiency; c. 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; d. 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; e. 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; f. 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; g. Denying any person any opportunity to participate in a program or activity as an employee; and h. 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 @ContractorNameHere Page 26 of 42 2016 Contract — @CN2 176 structural in nature in existing facilities, where such removal can be accomplished without difficulty and expense. 2. The Contractor shall not utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination on the basis of age, color, familial status, nationality, race, religion, sex, or sexual orientation; or mental, physical, or sensory disability; or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular age, color, familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or sensory disability. 3. The Contractor, in determining the site or location of housing or facilities provided in whole or in part with funds under this Contract, may not make selections of such site or location which have the effect of excluding individuals, denying them benefits, or subjecting them to discrimination on the grounds of age, sex, marital status, familial status, religion, race, creed, color, sexual orientation, nationality, or the presence of any sensory, mental or physical disability; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the HCD Act or of the HUD Regulations. L. 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. M. No Conflict with Federal Requirements. As indicated by HUD Notice CPD 04 -10, a faith -based organization's exemption from the federal prohibition on employment discrimination on the basis of religion, set forth in 42 USC 2000e -1(a), is not forfeited when the organization receives HUD funding. Faith -based organizations, like any other entity participating in a HUD - funded program, must, however, comply with all the statutory requirements of that particular HUD - funded program. Both the CDBG and HOME Programs contain statutory provisions imposing non - discrimination requirements on all subrecipients, subgrantees or contractors. Religious organizations that believe that certain non - discrimination statutory requirements are substantially burdensome may be entitled to protection under the Religious Freedom Restoration Act [42 USC4000bb -3, 4000bb -2(1)] which applies to all federal law and its implementation. Subrecipients, subgrantees, or contractors should be aware that anti - discrimination provisions of Section 109 of the Housing and Community Development Act of 1974, Section 282 of the HOME Investment partnership Act may pose questions of conformance with Title VII of the Civil Rights Act of 1964 and future court rulings could define more specifically the application of these laws to faith -based organizations. In the event that a provision of this Contract is deemed to be in actual conflict with federal law, the conflicting provision in this Contract shall not apply. XX. SUBCONTRACTS AND PURCHASES A. Subcontract Defined "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. @ContractorNameHere Page 27 of 42 2016 Contract — @CN2 177 B. \8/htOg R8OUi[8d Any work or services assigned or subcontracted hereunder shall be in writing and must be approved by the County as provided in Section XIV. Assignment. The Contractor agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and their employees and agents, asit)o for the acts and omissions Cf its own employees and @gente, as specified in 8ectiDDXV|L Hold Harmless and Indemnification Subsection C. C. Required Contract Terms The Contractor shall include the applicable p[oVi8iOOS of Sections X\/ U. Insurance Requirements -General, }{|X Nondiscrimination and EoU8| Employment Opportunity andXX Subcontracts and Purchases in every subcontract or purchase order for goods or S8rViC8S which are paid for in vVhO|8 or in part with funds provided under this COD[[@[t. The Contractor agrees to include the following |@OgU@ge verbatim in every eubcontnact, provider agreement, or purchase agreement for serviceo, 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, aOd/Or awards Ofdamages arising out of, orin any way resulting from the negligent act or onliSS/oOG of subcontractor, its officers, employee, 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 p2[8gr@ph." Projects using federal funds must also comply with subsections D, E, F, G and H. D. 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, VO|UDtGn/ eXC|USiOO or determination of ineligibility from participation in federal assistance programs under Presidential Executive Order 12549or1288Q. "Debarment and Suspension". The Contractor further certifies that neither the Contractor nor any person or entity with a controlling interest iO 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, which is debarred, suspended or excluded, from participation in federal assistance programs under Presidential Executive Order 1254S' "Debarment and 8uSpenaion^ The Contractor shall ensure that all subcontractors receiving any federal funds pursuant tVthis agreement have not been disbarred or suspended from federal CoDtn3(t participation. This may be done by checking the System for Award Management at , which lists all suspended and debarred entities. E. Subcontracting Requirements A Contractor which receives federal funds under this Contract also shall include the following sections in every subcontract orpurchase order for goods and services which are paid in whole or in part with funds provided under this [|oOt[@{t: Section V. Compensation and Method Of Payment Subsections F. or G. and |..Sections XV||. @SuntmctorNamaHare Page 28uf42 2O1O Contract -@CN2 Hold Harmless and Indemnification Subsection B., XVIII. Insurance Requirements — General Subsection K., XIX. Nondiscrimination and Equal Employment Opportunity and XXII. No Conflict of Interest Subsection B. and, if the subcontract is for construction, Sections XXXIV. Labor Standards and XXXV. Employment Opportunities. F. Federal Procurement Requirements The Contractor agrees to comply with Procurement Standards specified in 2 CFR § 200.317 through - 200.326, unless otherwise provided in the Project/Program Exhibit. G. Federal Bid Guarantee and Bond Requirements If the Contractor is subcontracting construction work under this Contract, the subcontract shall require for any construction contracts exceeding $150,000: 1. A bid guarantee from each bidder equivalent to five percent of the bid price; 2. A performance bond from the contractor for one hundred percent of the contract price; and 3. A payment bond from the contractor for one hundred percent of the contract price. The Contractor may, at its discretion, require any of these requirements on construction contracts of less than $150,000. The specific requirements for bid guarantees and bonds are at 2 CFR § 200.325. H. 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. XXI. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES Projects using federal funds shall comply with the following requirements: A. Federal Requirements In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 2 CFR § 200.321. In accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure MANBEs and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include those actions specified above in this section of the Contract. B. Nondiscrimination in Federally Assisted Construction The Contractor shall also require compliance with Presidential Executive Order 11246 as amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for construction projects over $10,000. XXIII. CONFLICT OF INTEREST A. King County Code Chapter 3.04 Compliance. 1. The Contractor shall comply with applicable provisions of KCC Chapter 3.04. Failure to comply with such provisions shall be a material breach of Contract and may result in termination of this Contract pursuant to Section XV. Termination and subject the Contractor to remedies stated therein or otherwise available to the County at law or in equity. This section shall not apply to a Contractor that is a @ContractorNameHere Page 29 of 42 2016 Contract — @CN2 179 municipal corporation which has adopted an employee code of ethics; provided that nothing in this section is intended to contract away such a Contractor's obligation to comply with any KCC Chapter 3.04 provision that applies independent of this Contract. 2. No Preferential Treatment The Contractor agrees that it will not attempt to secure preferential treatment in dealings with the County by offering any valuable consideration, thing of value, or gift, whether in the form of services, loan, thing, or promise, in any form, to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph its current contracts with the County shall be cancelled and it shall not be able to bid on any County contract for a period of two years. 3. Disclosure of Current and Former County Employees To avoid any actual or potential conflict of interest or unethical conduct: a. 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 work to be done or processes to be followed while a County employee. b. 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. c. 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. B. No Conflict of Interest The Contractor shall abide by the provision of 2 CFR § 200.318, and by the following: 1. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration of contracts supported by funds under this Contract; 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 funds under this contract 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. The Contractor's officers, employees, and agents must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, the Contractor may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. @ContractorNameHere Page 30 of 42 2016 Contract — @CN2 180 XXI11. BOARD OF DIRECTORS A. If the Contractor is incorporated, it must have an active, legally constituted board of directors in accordance with the requirements of RCW Chapters 23B or 24, to the extent applicable. B. The following additional requirements shall apply to the agencies that qualify as non- profit organizations under USC, Title 26, Subtitle A, Chapter 1, Subchapter F, Part 1, Section 501(C)(3). The Contractor shall have a Board of Directors that shall be comprised of neither employees nor relatives of employees, officers, or directors of the Contractor. For the purposes of this section, a relative is defined as husband, wife, father, father -in- law, mother, mother -in -law, brother, brother -in -law, sister, sister -in -law, son, son -in- law, daughter, daughter -in -law, niece, nephew, grandparent, grandchild, uncle, aunt, domestic partner and child of domestic partner. In addition, the relatives of a domestic partner shall be considered relatives to the same extent such relatives would be included in this section, as if the employee and domestic partner were married. 2. The Board of Directors shall meet regularly. 3. The Board of Directors shall cause to be adopted a formal conflict of interest policy for Board members that complies with the applicable provisions of the Internal Revenue Code and its 501(C)(3) status, and addresses issues regarding gifts, financial gain, and improper use of position. XXIV. 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. XXV. 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. @ContractorNameHere Page 31 of 42 2016 Contract — @CN2 181 C. The County may at its SO|e discretion, require the Contractor to contact the appropriate law enforcement agency and bJprovide the County @copy of the report Ofthe investigation conducted by the law enforcement agency. The Contractor shall also provide the County with any information it has regarding the security breach. U. 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 asecurity 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 CDGt Of providing notice xvOU|d exceed .orthat the potentially affected persons exceeds $500,000, or the Contractor dO8S not have sufficient CODt8Ct iDhJrDlgtiVO, substitute notice Sh8|| consist of the following in accordance with RCW 42.56.590 (7), (c). 1. Email notice when the Contractor has an e-mail address for the subject persons; 2. Conspicuous posting 0f the notice on the Contractor's web site page, ifthe Contractor maintains one; and 3. Notification to major County-wide media. G. For purpose of this section, "personal information" means the same as defined in RCW 1. AO individual's first name o[ first initial and last name iD combination with any one Cf the following data a|aments, when either the name or the data elements are not encrypted: social security number; driver's license number or Washington identification card number; nr 2. /\CCOUOL number o[credit or debit card number, in cVDlbiO@dOD with any required security code; ooceoe code' or password that would permit access to an individual's financial account. XXV|. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA) Terms used in this section shall have the same meaning aa those terms in the Privacy Ruhe. 45CFR Parts 18O and 104. A. Obligations and Activities of the Contractor The Contractor agrees not tOuse or disclose protected health information other than as permitted or required by this COOt[@Ct' H|PA48Od the Health |OfoDD@tiOO Technology for ECOODOOiC and C|iOiC@| Health Act (H|TECH). 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 8 104.504(e). The Contractor is directly responsible for full compliance with the privacy provisions ofH|PAA and H|TECH that apply to business associates. 2. The Contractor agrees b} implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, @CuntramorwamaHem Page aznf42 2O18 Contract -@CN2 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 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. @ContractorNameHere Page 33 of 42 2016 Contract — @CN2 183 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 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. C. Effect of Termination 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. XXVII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing; and directed to the Chief Executive Officer of the Contractor and the Director of the County Department of Community and Human Services. Any time within which a party must take some action shall be computed from the date that said party receives the notice. @ContractorNameHere Page 34 of 42 2016 Contract — @CN2 184 XXVIII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY In accordance with King County Code Chapter KCC 18.20 and King County Executive Policy CON 7 -1 -2, 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. XXIX. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder, the Basic InterContractor Contract between the Department of Social and Health Services 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. XXX. POLITICAL ACTIVITY PROHIBITED A. No Partisan Activity 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. All Projects using federal funds shall also comply with the following subsection: B. 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. 2. 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 Contractor, 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. 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. 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 imposed by 31 USC 1352. @ContractorNameHere Page 35 of 42 2016 Contract — @CN2 185 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. XXXI. MISCELLANEOUS PROVISIONS A. 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. B. Remedies Not Exclusive. No provision of this Contract precludes the County from pursuing any other remedies for the Contractor's failure to perform its obligations. C. 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 thereto. 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. XXXII. AFFIRMATIVE MARKETING A. Federal Marketing Requirements Each Contractor must adopt affirmative marketing procedures and requirements for projects containing five or more housing units funded with CDBG and/or HOME funds. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing. (The affirmative marketing procedures do not apply to families with housing assistance provided by the Public Housing Authority or families with tenant based rental assistance provided with HOME funds.) The County shall annually assess the Contractor's affirmative marketing program to determine the success of affirmative marketing actions and any necessary corrective actions. B. The affirmative marketing requirements and procedures adopted must include: 1. Methods for informing the public, owners, and potential tenants about federal fair housing laws and the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups; 2. Requirements and practices the Contractor must adhere to in order to carry out the participating jurisdiction's affirmative marketing procedures and requirement (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster); @ContractorNameHere Page 36 of 42 2016 Contract — @CN2 186 3. Procedures to be used by the Contractor to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, language interpreters, places of worship, employment centers, fair housing groups, or housing counseling agencies); 4. Records must be kept describing actions taken by the Contractor to affirmatively market units and records to assess the result of these actions; and 5. A description of how the Contractor shall assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. XXXIII. ACCESSIBILITY FOR CAPITAL PROJECTS Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to this Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151 - 4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Parts 101 -19 and subpart 101 -19.6 for general type building). When applicable, certain multi- family housing units designed and constructed for first occupancy after March 13, 1991, with assistance provided under this Contract must comply with the Fair Housing Accessibility Guidelines, 24 CFR Part 100 as amended. XXXIV. LABOR STANDARDS Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C below. A. Davis-Bacon Requirements For projects assisted with CDBG funds, this Subsection shall not apply to construction or rehabilitation of residential property consisting of fewer than eight units. For projects assisted with HOME funds, this Subsection shall not apply to rehabilitation of rental property consisting of fewer than twelve units. All construction work funded in whole or in part under this Contract must be performed in accordance with the Davis-Bacon Act, as amended (40 USC sections 276(a)- 276(a)(5)), the Copeland "Anti-Kickback" Act, as amended (40 USC 276(c)) and the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as further pre- scribed at 29 CFR Parts 1, 3, 5, 6 and 7. The Contractor will follow all Davis Bacon documentation requirements and regularly submit required documentation to the County shall maintain records sufficient to evidence compliance with this section and shall make such records available for the County's review upon request. A copy of the current Davis-Bacon wages must be included in all construction bid specifications, contracts, and/or subcontracts over $2,000, except where the project includes a copy of applicable state prevailing wages that are higher than current Davis- Bacon wages. Agencies receiving an award of local funds (HOF, RAHP, HB 2331, Veterans and Human Services Levy or MIDD funds) or federal funds that do not trigger Davis-Bacon shall comply with Subsections B and C below: @ContractorNarne Here Page 37 of 42 2016 Contract — @CN2 187 B. Prevailing Wages Projects that are not subject to Section A above, shall pay State residential prevailing wage rates as a minimum. Projects that are subject to State prevailing wage requirements of chapter 39.12 RCW shall pay prevailing wages at or above the applicable State classification rate. The Contractor shall provide annual certification to the County of its compliance with the requirements of this section. The Contractor shall additionally maintain records sufficient to evidence compliance with this section and shall make such records available for the County's review upon request. C. Use of Volunteers The Contractor shall obtain the written approval of the County prior to allowing any volunteers to perform construction work on a project assisted under this Contract. XXXV. EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS A. Section 3 Requirements The work to be performed under this Contract may be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. Section 3 Criteria for Capital Projects As set forth in the HCD Plan, Section 3 regulations found at 24 CFR § 135.38 apply to all Project/Program Exhibits which meet all three of the following criteria: 1. The Project/Program Exhibit must include $200,000 or more in total HUD funds from one or more program years; 2. The Project/Program Exhibit must include construction or rehabilitation work as a task that will be funded in full or in part with the HUD funds; and 3. The construction or rehabilitation work that will be funded must have a contract value, which exceeds $100,000. Actual contract value of construction or rehabilitation work is the determining factor, not a cost estimate. Additionally, Section 3 regulations are applicable to Project/Program Exhibit(s), which do not initially meet the above criteria but which are amended so as to add funds or change the activities for which the funds are used. Section 3 regulations do not apply to projects that include $200,000 or more in HUD funds when the funds are being used for acquisition and/or professional services only and not for construction or rehabilitation work. XXXVI. NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING No Contractor, developer or sponsor (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or nonprofit (including a Community Housing Development Organization when acting as an owner, developer or sponsor) may @ContractorNameHere Page 38 of 42 2016 Contract — @CN2 188 occupy a CDBG, HOME, HOF, RAHP, HB 2331, Veterans and Human Services Levy, MIDD or CX-assisted affordable housing unit in a project. This provision does not apply to an owner-occupant of single family housing or to an employee or agent of the owner or developer of a rental housing project who occupies a CDBG, HOME, HOF, RAHP, HB 2331, Veterans and Human Services Levy or CX-assisted unit as the project manager or maintenance worker. XXXVII. SUPPLANTING Any federal CDBG or Homeless Housing and Services (2163) Funds made available under this Contract to provide public (human) services shall not be utilized by the Contractor to reduce or replace the local financial support currently being provided to public (human) service programs. Homeless Housing and Services funds cannot be used in the place of existing housing operations or services funds. XXXVIII. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL 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 CFR part 24, subpart F. B. Other Federal Requirements The absence of mention in this Contract of any other federal requirements that 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. XXXIX. CONSTITUTIONAL PROHIBITION 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. Except where otherwise allowed by federal law, the following restrictions and limitations apply to the use of CDBG and HOME 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; 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; and C. CDBG and HOME funds may be used to rehabilitate or construct facilities and housing owned by primarily religious organizations only to the extent those structures are used for conducting eligible activities consistent with 24 CFR § 570.200, 24 CFR § 92.257, and 24 CFR § 576.23. @ContractorNameHere Page 39 of 42 2016 Contract — @CN2 [me XL. PROMISSORY NOTE, DEED OF TRUST AND COVENANT The Contractor agrees that funding provided under this Contract for the acquisition, construction, improvement and/or rehabilitation of real property (Premises) owned by the Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly execute a promissory note. deed of trust and covenant (if applicable), in a format approved by the Coun[y, if required in 8 Project/Program Exhibit. The Contractor agrees that for real property, which is leased by the Contractor and assisted under this Contract, the Contractor shall obtain @ covenant from the owner Of the real property in@ form approved bVthe [|OUDty' if required in any Project/Program Exhibit. XLi ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS The Contractor shall G1 all times comply with all applicable federal, St8ie. and local |3VVs, etmtutee, ru/eoand regulations relating torelocation of those persons and households residing at the Premises prior to occupancy by tenants. The Contractor shall be solely responsible for the cost of all relocation benefits required by law. Capital Projects using federal funds shall also comply with the following subsection. A. Local Funds Only - Local Relocation Guidelines Projects that include or will include oO|ylocal county funds (HC)F-CX. Veterans and Human Services Levy, RAHP. 2331. yNeDtg| Health. or H|PDD Developmental Disabilities Funds) for the acquisition, demolition, and or rehabilitation of property that has existing residential tenants who may be displaced shall provide relocation benefits to all displaced households. Effective October 1. 2014. the benefit amount for each displaced household will be $2,933 per household; provided that. if the Joint Recommendations Committee (JRC) of the King County Consortium adjusts the benefit amount iO accordance with King County Consortium Supplemental Relocation Guidelines based on changes inthe consumer price index, the increased benefit amount shall apply. All tenants selected for relocation shall be given formal OodfiC@UoO regarding the need to [e|OCGte with 8 0iOiDlunn of 90 days' OOLiCe of the date they must relocate, @|OOg with information about why they were selected. Consideration of longer notice period may be required if the tenant demonstrates a special circumstance (for instance, health reasons) which would be alleviated by extending the notice period. A list of all displaced households, including D2nOe. unit OU[Obe[, household size' ethnicity, and monthly gross iOCUDle shall be provided tVthe King County Relocation Specialist along with documentation of all the payments made tV displaced tenants. All relocation costs shall be included in the project deve|opmen[budgeL B. Federal Acquisition and Relocation Requirements: Implementation of any project provided for iO this Contract will be undertaken so as to minimize involuntary displacement of pmroone, bueineseeo, nonprofit organizations, or farms to the greatest extent feasible. The Contractor shall comply with the following: 1. Any acquisition of real property bv the Contractor for any activity assisted under this Contract shall comply with the Uniform Relocation Act and 49 CFR Part 24; 2. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Contract Sh@U comply with the UDif0[Dl Relocation Act, ;d24 CFR Part 42 and 48 CFFl Part @oontmmorwameHem Page 40of42 oU1§ Contract -@CN2 24 as amended, and the County's Residential Anti - displacement and Relocation Assistance Plan required by federal regulations at 24 CFR § 570.606(c), and adopted by the County Council as part of the HCD Plan. The Contractor shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by the King County Residential Anti - displacement and Relocation Assistance Plan; and 3. When any lower- income dwelling units are demolished or converted to a use other than a lower- income dwelling unit, in connection with an activity assisted under this Contract with federal funds, the units must be replaced on a one - for -one basis. Lower - income dwelling units are defined as a dwelling unit with a market rent (including utility costs) that does not exceed the applicable Fair Market Rent for existing housing as established by HUD and published annually, pursuant to 24 CFR Part 888. The Contractor must comply with the one - for -one replacement of housing requirements of Section 104(d) of the HCD Act, as amended. The implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24 CFR § 570.606. XLII. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS The Contractor shall engage in sound property and program management practices and at all times operate and maintain the Premises in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations covering health and safety issues in order to provide decent, safe and sanitary housing, as now in effect or as may be hereafter amended. The Contractor specifically agrees to comply and pay all costs associated with achieving such compliance without any notice of requirement or requirements from the County, and that the County does not waive this section by giving notice of demand for compliance in any instance. The Contractor shall throughout the term of this Contract, without cost or expense to the County, keep and maintain the Premises and all improvements, landscaping, fixtures and equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition, and shall, except for reasonable wear and tear, at all times preserve the Premises in good and safe repair. If, after 30 days' notice from the County, the Contractor fails to maintain or repair any part of the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but shall not be obligated to, enter upon Premises and perform such maintenance or repair and the Contractor agrees to pay the costs thereof to the County upon receipt of a written demand. XLIII. TAXES AND LICENSES The Contractor shall pay throughout the term of this Contract, all applicable taxes, and all licenses and excise fees covering the ownership and operations of the Premises. XLIV. PROCEDURE IN THE EVENT OF CASUALTY /CONDEMNATION FOR CAPITAL PROJECTS A. In the event that all or any portion of the Premises is taken or conveyed as a result of any condemnation proceeding or damaged as a result of any casualty, the County and the Contractor agree that the proceeds of any condemnation or casualty affecting the Premises shall be made available for the repair or restoration of the real property if the County and the Contractor in their reasonable judgment agree that: @ContractorNameHere Page 41 of 42 2016 Contract — @CN2 191 1. Repair or restoration of the real property is feasible and that sufficient funds are available to complete such work; 2. After the completion of work, the real property can be feasibly operated within the restrictions and requirements of the Project/Program Exhibit; and 3. More than two years remain after the completion of the work until the end of this Contract. B. The County and the Contractor shall meet as necessary to discuss in good faith the rebuilding or repair of the real property and reach a decision with respect thereto within 60 days after the occurrence of the casualty or condemnation. If the parties cannot in good faith agree to repair or restore the real property as provided above, then any proceeds of the casualty or condemnation, within 60 days of demand, shall be paid first to satisfy the County's lien. The balance of the proceeds shall be paid to the Contractor. IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on the date above written. KING COUNTY: =1 King County Executive Date Approved by DCHS Director Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY CONTRACTOR: Signature Name (Please type or print) Date @ContractorNameHere Page 42 of 42 2016 Contract — @CN2 192 EXHIBIT 11 CITY OF TUKWILA TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM (C16623) Contract No.: TBD Project No.: C16623 - 1127781 King County Project Manager: Randy Po lock Aaencv Contact Person: Evelyn Boykan Start Date: December 1, 2016 Telephone: (206) 433-7180 End Date: 10/31/2017 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, aiicl Tukwila, as described in this Exhibit beginning on December 1, 2016, and completiqg these-'services by October 31, 2017. 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 no4l I in n effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $135,000 in King County Community Development Block Grant (CDBG) funds, _ 11. 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 bwrlqo by low- to moderate-income households. A. Indicators The number of unduplicated households who receive,-minor housing repair assistance in the communities of Covington, bes'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 2016 , United State's Housing ',and Urban Development (HUD) Income Guidelines Table. Clients may self-certify in writing that their family income does not exceed the applicable limit. 2016 HUD INCOME GUIDELINES Median Family Income = $91,500 Effective June 6, 2016 30% MEDIAN 50% MEDIAN 80% MEDIAN FAMILY VERY LOW- MODERATE- SIZE LOWINCOME INCOME INCOME 1 $19,000 $31,650 $48,550 2 $21,700 $36,150 $55,450 3 $24,400 $40,650 $62,400 4 $27,100 $45,150 $69,300 5 $29,300 $48,800 $74,850 6 $32,580 $52,400 $80,400 7 $36,730 $56,000 $85,950 8 $40,890 $59,600 $91,500 1 City of Tukwila Page 1 of 7 2016 Contract Exh II 193 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 maybe 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 in who is 62 years' or older. 3. Emergency repair includes activities that protect, repair or arrest the effects of disasters, imminent threats or phy °sical, 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. The Contractor agrees to serve, at minimum, the following unduplicated number of households served under this Exhibit: City of Tukwila Page 2 of 7 2016 Contract _ - Exh II 194 2. The Contractor agrees to providel,'at minimum, the following cumulative hours of service: Dec 2016 - Mar-May Jun-Aug Sep-Oct Total Total Feb 2017 2017 2017 2017 2016/2017 Number of unduplicated 3 4 4 5 16 households in Tukwila 15 46 Tukwila Number of unduplicated 3 4 4 5 16 households in SeaTac 11 15 45 Number of unduplicated 2 3 3 4 12 households in Des Moines Minor Homd Repair hours in 5' 7 8 13 Number of unduplicated 2 3 4 4 13 households in Covington Minor Home, Repair hours in 5 7 Cumulative Total for all 10 14 15 18 57 Cities 'Cumulative Total for all 2. The Contractor agrees to providel,'at minimum, the following cumulative hours of service: The funds 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.,,,, "Minor Home Repair (MHR) city staff shall complete, sign and submit a Tier 3 Site Specific ER Review Form, and Lead Based Paint (LBP) Checklist as applicable, for every individual job. Work may not start until HCD staff have replied with ER approval and notice-to-proceed email. b. If MHR staff check "no" to all questions #1 -4 on a Tier 3 Site Specific ER Checklist, then HCD staff will complete a Tier 4 Site Specific ER form, and will notify MHR staff once complete (work may not start until notification is received). The Tier 4 review includes analysis of Section 106: Historic Preservation and Archaeology, Contamination and Toxics, and Flood Disaster Protection Act. City of Tukwila Page 3 of 7 2016 Contract Exh 11 195 Dec 2016 Mar-May Jun -Aug Sep-Obt Total Feb 2017 2017. 2017 2016/2017 Minor Home Repair hours in 8 11 12 15 46 Tukwila Minor Home Repair hours in 7 11 15 45 SeaTac Minor Homd Repair hours in 5' 7 8 13 33 Des Moines Minor Home, Repair hours in 5 7 8 13 33 Covington 'Cumulative Total for all '25 36 40 56 157 Cities The funds 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.,,,, "Minor Home Repair (MHR) city staff shall complete, sign and submit a Tier 3 Site Specific ER Review Form, and Lead Based Paint (LBP) Checklist as applicable, for every individual job. Work may not start until HCD staff have replied with ER approval and notice-to-proceed email. b. If MHR staff check "no" to all questions #1 -4 on a Tier 3 Site Specific ER Checklist, then HCD staff will complete a Tier 4 Site Specific ER form, and will notify MHR staff once complete (work may not start until notification is received). The Tier 4 review includes analysis of Section 106: Historic Preservation and Archaeology, Contamination and Toxics, and Flood Disaster Protection Act. City of Tukwila Page 3 of 7 2016 Contract Exh 11 195 C. For the Tier 4 ER, the HCD ER Specialist (or alternate HCD staff) will review the Tier 3 Checklist. Based on the detailed job description, a determination will be made as to whether the job is "maintenance" or "rehabilitation ". Once the Tier 4 Checklist is completed, the CD Coordinator will review and sign off. The HCD ER Specialist will then transmit the completed ER record to the City with the official determination as an attachment along with notice -to- proceed language embedded in the in body of the approval email. If any mitigation is required, it will be noted in,the ER record and in the email transmittal. The email transmittal is considered the `electronic signature' by the transmitting party for purposes of moving the process forward. If the work contractor finds there is more work to` be completed, he will contact the City first and then the HCD ER Specialist to have the additional tasks noted and reviewed on the ER Record. City staff will to advise the HCD ER Specialist via e -mail of approval in�change of scope for the obligation. If additional work changes the `maintenance' determination to `rehabilitation'; no work will be completed until a full ER review has been completed and a new Notice to Proceed issued. 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 along with the Tier 3 ER Checklist, as applicable. 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 keen "pre - determined to not disturb paint). The sub = contractors) 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. 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 City of Tukwila Page 4 of 7 2016 Contract _ - Exh II 196 project in an amount adequate to cover all costs associated with the repair and LBP activity. If the &4HR PnDQr@Dl nJDs out of funds available for grant transfer naharna|o, the referrals will be assessed for the traditional non-amortizing loan program through the Consortium's Housing Repair PrOg[@OO' if desired by the client through normal channels of intake, and general HRPprocess. ii The eSdOl8t8d HC[) cost associated with LBP review, tesUng, determination and clearance has been determined b)beDOless than $500 to cover associated travel and FIRP staff time, but will be itemized per project. Multiple tests 0ig eCeSS@n/to complete clearance ofgproject - 8. Lead Based Paint Records _ The Contractor shall maintain records documenling,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 includ J',Ior each housing unit assisle&under this 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 mi , nimuscriteria at 24 dFR' Part 35.1350(d) and that the Contractor,,provided the requ,ired pamphlet to the occupants of the housing unit, pursuant to 24'CFR Part 35.91 0(b); or iii. Records evidencing that the housing repair work was completed in accordance with the'procedures specified in 24 CFR Part 35, part J including provision of required notices, and performance of evaluation and clearances. 5. 'Subcontracted",,Services a. �]n additi0hJo,,the requirements of Section XVI. of the Contract, the "'shall execute written agreements with each Contractor with ontractor 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. The Contractor shall invoice the County for due and payable invoices of the Implementing Agency O[ for costs paid bv 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 8||Ovv@b|e in accordance with Office Of Management and Budget 2 Code of Federal Regulations (CFR)23O (formerly OMB Circular A-122\ or CFR225 (formerly OMB Circular A-87), as City ur Tukwila Page 5of7 2O10 Contract __'sxhU 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 ancl.,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. Ill. 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 $135,000. 1. CDBG Funds 1.3 2. Line Item Budget Environmental Review and Lead, Based Paint Reviews (KC Cost S6t-,Aside) King County CDBG Funds -South Sub -Re, gion $135,000 $128,000 Personnel (prbvide detail below) and Project Management B-16-UC-53-0001 Total CDBG Funds: $135,000 $131,000 1.3 2. Line Item Budget Environmental Review and Lead, Based Paint Reviews (KC Cost S6t-,Aside) $ 4,000 Capital Outlay,, (Construction Contracts) $128,000 Personnel (prbvide detail below) and Project Management $ 3,000 Sub-Total (Less ER Cost) $131,000 Total CDBG Funds: $135,000 3. Personnel Detail Personnel Detail Position FTE CDBG Funds Permit Specialist / Business License 1.0 $2,000 Billing Invoice Package 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 City of Tukwila Page 6 of 7 2016 Contract Exh 11 198 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 2016 voucher and reports shall be submitted no later than November 15, 2017. 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 FII.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 maintain a completed Environmental Review Form to the King County Environmental Review Specialist quarterly, and place a photocopy with client's applications for repairs inahe 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 unduplicated households served. 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. City of Tukwila Page 7 of 7 2016 Contract _ - Exh II 199 200 • . f 1 • City Council Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes November 28, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Kathy Hougardy, Thomas McLeod Staff: David Cline, Rachel Bianchi, Derek Speck, Moira Bradshaw, Peter Lau, Evie Boykan, Laurel Humphrey, Nora Gierloff, Joseph Todd, Tami Eberle - Harris, Jack Pace, Kris Kelly, Dave Johnson, Robert Eaton, Rick Still Guests: Susan Boyd, John Poulsen, Alyssa Mehl, Bellwether Housing; Todd Smith, Resident CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:30 p.m. IVIN, P 11&44M4k1k1 II. BUSINESSAGENDA A. Bellwether Housing Proposal Staff is seeking Council direction on whether to continue discussions with Bellwether Housing regarding a potential development agreement for an affordable housing project on Tukwila International Boulevard. Bellwetherwould like the City to enter into a development agreement that would modify the site's existing Regional Commercial regulations on use, height, recreation space, and parking. Representatives from Bellwether spoke about the project, which would include around 100 units targeted to income levels between 30 -60% area median incomes. Councilmembers discussed the proposal. Chair Quinn noted that the community needs more information about the reality of incomes and housing affordability in Tukwila. He also suggested that Bellwether discuss the proposal with the Tukwila School District. Councilmember Hougardy noted all parties be cognizant that site selection forthe Public Safety Plan has not yet begun and could include properties on TIB. Councilmember McLeod asked that staff continue alignment with other planning efforts such as the Center for New Urbanism charrette planned for February 2017. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE. B. Contract: 2016 Minor Home Repair Program Staff is seeking Council approval for the Mayor to sign a contract with King County for the receipt of $135,000 in Community Development Block Grant funds for the 2016 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. In 2015 contractors served 20 unduplicated households in Tukwila. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 201 202 F2 q --------- ------------------- - - - - -- Initials Meeliq Dale Pre aced by LWr,4 rview Council review 12/05/16 DJ ❑ Resolution Mtg D,,i,, ❑ Ordinance M/ g Dale ❑ Bid,,Iward Mtg Dale ❑ Pub&•Hearing A1 g Dal e ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ BR ❑ DCD E]Finance E].Fire ❑ IT Z P&R ❑Po&-e ❑ PWI SPONSOR'S Authorize the Mayor to sign Contract Amendment With Forterra for services at Duwamish SUMMARY Hill Preserve. RiXii3w13i) i3y ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11/28/16 COMMIl-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department COmm"I"'I'll," CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPL NDITURI," REQt-J1RFD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $7500 $0 Fund Source: KING CONSERVATION DISTRICT GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION ITEM NO. 4.L. I 203 STAFF SPONSOR: RICK STILL 12/5/16 A(,, I 3NDA D'i m Ti,i,i,i,, Contract Amendment - Forterra (#15-156) CATI,"GORY [:] Discussion Mt ,g Date Z motion AlIg Date 1215116 ❑ Resolution Mtg D,,i,, ❑ Ordinance M/ g Dale ❑ Bid,,Iward Mtg Dale ❑ Pub&•Hearing A1 g Dal e ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ BR ❑ DCD E]Finance E].Fire ❑ IT Z P&R ❑Po&-e ❑ PWI SPONSOR'S Authorize the Mayor to sign Contract Amendment With Forterra for services at Duwamish SUMMARY Hill Preserve. RiXii3w13i) i3y ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11/28/16 COMMIl-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department COmm"I"'I'll," CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPL NDITURI," REQt-J1RFD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $7500 $0 Fund Source: KING CONSERVATION DISTRICT GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/5/16 Informational Memorandum dated 11/22/16 Draft Amendment Contract Agreement Minutes from the Community Affairs and Parks Committee meeting of 11/28/16 203 204 City of Tukwila Allan Ekberg, Mayor TO: Community Affairs and Parks Committee FROM: Rick Still, Director Parks & Recreations BY: Dave Johnson, Parks & Recreation Manager CC: Mayor Ekberg DATE: November 22, 2016 SUBJECT: Contract Amendment — Forterra (Contract #15-156) ISSUE Amend contract #15-156 with Forterra for services at Duwamish Hill Preserve. BACKGROUND The City entered into a contract with Forterra in 2015 for services at Duwamish Hill Preserve. The scope of work includes developing a Stewardship Plan, crew days, plant purchases and recruit/manage volunteers. Two previous contract amendments extended the length of the contract. The contract is set to expire at the end of 2016. DISCUSSION Part of the funding for this contract is through King Conservation District (KCD), including $7,500 for soil testing. Earlier this year, the City went through the Washington State Dept. of Ecology's Soil Safety Program for lead and arsenic (at no cost) at the site. These tests all came back below actionable level. Therefore, additional testing was not necessary. In the Fall of 2016, the City amended the grant agreement with KCD to transfer the $7,500 from soil testing to restoration activities. These additional restoration activities are coordinated and completed by Forterra, therefore amending this contract reflects that work. This amendment increases the value of the contract, bringing it over $40,000, and now requires Council approval for the Mayor to sign. FINANCIAL IMPACT This amendment is a grant-funded expenditure of $7,500 through King Conservation District. RECOMMENDATION The Committee is being asked to consider this item and forward to the Consent Agenda at the December 5, 2016 Regular Meeting to approve the Mayor to sign the contract amendment. ATTACHMENTS Contract and Amendment for Forterra (#15-156) 205 206 City of Tukwila Agreement Number: 15-156 • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 3 Between the City of Tukwila and Forterra That portion of Contract No. 15-156 between the City of Tukwila and Forterra is amended as follows: Section 2 Compensation and Method of Payment: The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $45,000.00. All other provisions of the contract shall remain in full force and effect. Dated this day of CITY OF TUKWILA Allan Ekberg, Mayor ATTEST /AUTHENTICATED 101 Chi =20TWIT"601 21"101 -1 11 1 APPROVED AS TO FORM Christy O'Flaherty, MMC, City Clerk City Attorney Page I of I 207 City of Tukwila Agreement Number: A'Ask 5. 6200 Southoenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 2 Between the City of Tukwila and Forterra That portion of Contract No. 15-156 between the City of Tukwila and Forterra is amended as follows: Section 4 Duration of Agreement This Agreement shall be in full force and effect for a period commencing August 26, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this day of 2 CITY W TUKWI Allan L'gbelry Mayor ATTEST/AUTHENTICATED Christy O'Fla"rerty, MMC, City Cler�� is � ©- WN CONTRACTOR Printed Name: ky APPROVED AS TO FORM Ciry Attorney �1 n Page I. of I City of Tukwila Agreement Number. 15 I StnC�iJ ' 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Forterra That portion of Contract No. 15 -156 between the City of Tukwila and Forterra is amended as follows: Section 4 Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August 26, 2015, and ending September 30, 2016, unless sooner terminated under the provisions hereinafter specified. All other provisions of the contract shall remain in full force and effect. Dated this 4-4 I of day of Z.Re, L114 , 20 CITY OF TUKWILA CONTRACTOR Ji aggerton, Printed Name/Title: ATTEST /AUTHENTICATED City Clerk CA: 2012 Page 1 of 1 209 City of Tukwila • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 15 -156 Council Approval NIA This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Forterra , hereinafter referred to as "the Contractor," whose principal office is located at 9015th Avenue, Ste. 2200, Seattle WA 98164. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, .the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $37,,500.00. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Durati n of Agreement. This Agreement shall be in full force and effect for a period commencing L 15 , and ending December 31, 2015, unless sooner terminated under the provisions hereinafter specified. S. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 210 Pagel of 4 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent ,jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is .further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form. CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Com .sensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 1 -2013 Page 2 of 4 211 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and . programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA Revised 1 -2013 212 Page 3 of 4 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City.. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severabilitv and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, azbitration, or other proceeding is. instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this Soday of SW W. O 15. CITY OF TUKWILA CONTRACTOR Ma or Jim Ha ATTEST /AUTHENTICATED: . City Clerk, Christy O'Flaherty- APPROVED AS TO FORM: • omey By: Printed Name and Title:j i CA Revised 1 -2013 Page 4 of 4 213 Duwamish Hill Preserve Stewardship Plan and Implementation EXHIBIT A Scope of Work and Budget Project Description With the second phase of development at the Duwamish Hill Preserve (DHP) nearing completion, there is need for a guiding document to steer annual and long -term stewardship of the site. The DHP Stewardship Plan (the Plan) will provide a framework and guidance for care, maintenance and monitoring on the Hill for the next decade. Forterra's Washington Conservation Corps (WCC) Crew will be utilized for implementing the Plan over the fall and early winter of 2015. Project Obiectives and Goals Forterra's team will work with the City of Tukwila, members of the DHP Management Team and the Tribes to identify needs and resources for meaningful stewardship. Working with the Forterra template of Stewardship Plans for restoration sites (utilized in the Green Cities Program), the Plan will include: • Introductory information, including the plan purpose, property description and background; • Site assessment, including cultural and ecological inventories; • Stewardship recommendations and best management practices with a schedule of tasks and partner roles and responsibilities; • Supporting materials required for meaningful and educated site stewardship. The WCC crew will complete tasks identified by City staff and the DHP Management Team members as near -term priorities already identified. Deliverables, Budget and Timeline Deliverable Budget Timeline Develop Stewardship Plan $13,650 August — December 2015 13 WCC Crew Days $14,800 August —December 2015 Purchase plants $4,050 September— November 2015 Recruit and manage volunteers at 3 events, including Duwamish Alivel $5,000 September — November 2015 TOTAL BUDGET 1$37,500 1 August — December 2015 214 Duwamish Hill Preserve Stewardship Plan and Implementation EXHIBIT B Payment Rate and Method Forterra will invoice the City at the midpoint of the project (end of October 2015) for 50% of contract value, and then again at the end of the project (end of December 2015) for 50% of the contract value for work outlined in the "Deliverables, Budget, and Timeline" section shown in Exhibit A. 215 216 Community Affairs and Parks Committee Minutes ....................................................................... ....................November28, 2016 C. Resolution: 2017 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2017 Washington State Legislative Session. The agenda includes items in the categories of Transportation & Infrastructure, Housing & Human Services, Shared Revenue, Revenue Reform, Public Records, Education, and Law Enforcement. Staff noted that the Communications Division will contract with Jennifer Ziegler to represent the City in Olympia in the coming session. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. D. Project Completion: Motel Demolition Project Staff is seeking Council approval of project completion and release of the retainage bond to CGI, LLC. in the amount of $636,194 for the Urban Renewal Motel Demolition Project. The work was completed on August 2, 2016 and included one change order for the removal of contamination from a detention pipe at the Travelers Choice site. State regulations require new property owners to assume responsibility for contamination regardless of when it occurred. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. E. Parks and Recreation Department Contracts Park Security Staff is seeking Council approval of a contract with B -Force Protection in the amount of $50,400 for continued park security services through December 31, 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBERS, 2016 REGULAR CONSENT AGENDA. Duwamish Hill Preserve Staff is seeking Council approval of a contract amendment with Forterra in the amount of $7,500 for additional restoration activities at the Duwamish Hill Preserve. Funding comes from a King Conservation District grant originally intended for soil testing. Lead and arsenic levels at the site came back low enough to not require action, and the City agreed with KCD to transfer the funds to restoration. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Parks and Recreation Software Staff is seeking Council approval of an agreement with PerfectMlND Inc. for implementation and ongoing subscription for parks and recreation records management software. The implementation cost is $35,000 and annual subscription is $20,000. PerfectMlND was selected by a cross - departmental team from an initial pool of six vendors that originally responded to the City's RFP. This software package meets the City's goals and comes with excellent customer service reviews and comprehensive reporting, among other benefits. UNANIMOUS APPROVAL. FORWARD TO DECEMBERS, 2016 REGULAR CONSENT AGENDA. 217 218 COUNCIL AGENDA SYNOPSIS Meelin ,g Dale Prepared by La '.r review yw wy _C4�,l repiew 12/05/16 DJ ""117Q-- ❑ Ordinance Alt g Dale [:1.Bid.Award Al gDale [:] Public Hearing Alt ,g Date ❑ Other YW(g Date SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD [].Finance ❑ P'ire ❑ IT Z P&R [:1 Police EIPIV SPONSOR'S Authorize the Mayor to sign Contract with B-Force Protection for park security services. SU11\4MARY R1;1vii3WF'D BY F-1 cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMI'l-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department CONINIFI'I'E'F CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPj,'INDri'uii," Ri3QUIRJ,sD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $50400 $0 Fund Source: P&R OPERATING BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION ITEM INFORMATION 219 S "T'A1�1� SPONSOR: RICK STILL 12/5/16 A(,I,"NI)A I'rj.,"m TITLE Contract for Park Security Services CATEGORY ❑ Discussion Aft ,g Date E Motion M�g Date 1219116 ❑ Resolution AIRS Dale ❑ Ordinance Alt g Dale [:1.Bid.Award Al gDale [:] Public Hearing Alt ,g Date ❑ Other YW(g Date SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD [].Finance ❑ P'ire ❑ IT Z P&R [:1 Police EIPIV SPONSOR'S Authorize the Mayor to sign Contract with B-Force Protection for park security services. SU11\4MARY R1;1vii3WF'D BY F-1 cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMI'l-fEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department CONINIFI'I'E'F CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPj,'INDri'uii," Ri3QUIRJ,sD AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $50400 $0 Fund Source: P&R OPERATING BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/5/16 Informational Memorandum dated 11/22/16 Contract Agreement Minutes from the Community Affairs and Parks Committee meeting of 11/28/16 219 220 City of Tukwila Allan Ekberg, Mayor TO: Community Affairs and Parks Committee FROM: Rick Still, Director Parks & Recreation BY: Dave Johnson, Parks & Recreation Manager Robert Eaton, Parks & Recreation Manager CC: Mayor Ekberg DATE: November 22, 2016 SUBJECT: Contract for Park Security Services for 2017 through 2018 ISSUE New contract for Parks Security Services from January 1, 2017 through December 31, 2018. BACKGROUND Current existing contract with B-Force Protection for Park Security Services is set to expire December 31, 2016. To prevent a lapse in services a new contract needs to be executed prior to the end of the year. DISCUSSION In efforts to be more efficient this contract has been drafted to align with the 2017-18 Biennium Budget and provide two years of service. This contract with B-Force Protection for Park Security Services is from January 1, 2017 through December 31, 2018. The total contract amount for the full two years of service is $50,400 therefore requiring Council approval. FINANCIAL IMPACT Annual expense for this contract is $25,200 (or $2,100 monthly). This is a funded expenditure in the 2017-18 Parks Maintenance Budget. RECOMMENDATION The Committee is being asked to consider this item and forward to the Consent Agenda at the December 5, 2016 Regular Meeting to approve the Mayor to sign the contract. ATTACHMENTS Contract for Park Security Services for 2017-18 221 222 City of Tukwila Contract Number: • 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and B-Force Protection, hereinafter referred to as "the Contractor'. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed _$50,400 at a rate of _j2,100 per month. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2017, and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page I of 4 223 8. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with 8 rD|ninlUnl combined single |i0d for bodily injury and property damage of $1'000.000 per accident. Automobile liability insurance shall cover all owmed, non'owmed, hired and leased vehicles. Coverage shall be written on Insurance Services Office U8{}\ form CA UO 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General U8bi|bv Insurance for liability arising from explosion, collapse Or underground property damage. The City shall be named as an insured under the Contractor's Commercial Genera} Liability insurance policy with respect to the vvo[h performed for the City UG|Dg ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' coverage au required bv the Industrial Insurance laws ofthe State ofWashington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to cVntaiO, or be endorsed to contain that they shall be primary insurance with respect tV the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with CA Revised 1-2013 Page 2of4 C. Acceptability of Insurers. Insurance is to be placed with insurers with acurrent A.M.Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and eoopy of the amendatory endorsements, including but not necessarily limited hothe additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility fo determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice ofCancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure the part of the Contractor to maintain the insurance DS required shall constitute a nlatehu| breach of contract, Vp0D which the Qb/ nOoy, after giving five business days notice to the Contractor to correct the breach, inl0BdiEde|y terminate the contract or' at its diaor8tiDD, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid tmthe City on demand' Oratthe sole discretion of the City' offset against funds dug the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and aan/ic8s performed in the performance Of this Agreement and other such records aS may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for e period Vfseven years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with ROVV Chapter 40.14 and by the City. g' Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject ad all times to inspe(tion, review o[ audit bv law during the p8db0naOuo of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed bvd under this Aonaennent, will not discriminate on the grounds cd race. ReliQion, creed, color, noU0OGU origin, 8gm, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence cd any disability in the selection and retention ofemployees or procurement ofmaterials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign o[subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13~ attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negoUetinns, representations, or agreements written or oral. No amendment or modification Of this Agreement shall be of any force or effect unless itigin writing and signed bythe parties. CA Revised 1-2013 Page 8of4 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall n0teffe:t ' other provisions h8nBOf and all other provisions shall remain fully enforceable. The provisions this AonBB0gDt which by their sense and context are [eaSoD8b�intended tosurvive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15' Notices. Notices to the City of Tukwila shall basent to the following address: City Clerk, City of Tukwila ---- -------- —'— Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Agreement shall be governed by and construed in accordance with the laws of the State of Washington. |n the event any suit, adzitration, or other proceeding in instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party inany such action shall ba entitled to its attorney's fees and costs Ofsuit. DATED this ____ day of 20__. CITY 0FTUKVV|LA CONTRACTOR By: t Allan Ekberg, Mayor Printed Name and Title: Address: rb, 66A q9 I UL CA Revised 1-2013 Page 4of4 Security Services for Tukwila Parks Parks: Duwamish Hill Park TCC (Tukwila Community Center) Foster Park (Lee Phillips Memorial Park) Tukwila Park Bicentennial Park Tukwila Pond Park Crystal Springs Park Crestview Park Starfire Park (restrooms) Scope of work: January 1, 2017 through December 31, 2018 Exhibit A Park _ Closing O _ Holidays T Total Visitations Duwamish Park 3 365 per year 1 104 per year 1 10 4 469 per year TCC 3 365 per year 1 104 per year 1 10 4 469 per year .. - ._,_.. ,...__.�._... _ _ ,4.._...�....... ._..._.._,.. t 111,11,11,11- t 1 Crestview ' ' 365 per year 1 104 per year 1 10 4 469 per year Foster Park 2 275 per year 5 5 5 5 X X280 per year Tukwila Park 2 275 per year 5 5 5 5 2 280 per year Bicentennial ( ( 275 per year 5 5 5 5 2 280 per year Tukwila Pond � 275 per year . Fee Schedule: Total contract amount: $50,400.00 Annual total charge: $25,200.00 Monthly charge: $2,100.00 Sincerely, Eddie Hasanovic 227 228 Community Affairs and Parks Committee Minutes ....................................................................... ....................November28, 2016 C. Resolution: 2017 Legislative Agenda nda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2017 Washington State Legislative Session. The agenda includes items in the categories of Transportation & Infrastructure, Housing & Human Services, Shared Revenue, Revenue Reform, Public Records, Education, and Law Enforcement. Staff noted that the Communications Division will contract with Jennifer Ziegler to represent the City in Olympia in the coming session. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. D. Project Completion: Motel Demolition Project Staff is seeking Council approval of project completion and release of the retainage bond to CGI, LLC. in the amount of $636,194 for the Urban Renewal Motel Demolition Project. The work was completed on August 2, 2016 and included one change order for the removal of contamination from a detention pipe at the Travelers Choice site. State regulations require new property owners to assume responsibility for contamination regardless of when it occurred. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. E. Parks and Recreation Department Contracts Park Security Staff is seeking Council approval of a contract with B -Force Protection in the amount of $50,400 for continued park security services through December 31, 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Duwamish Hill Preserve Staff is seeking Council approval of a contract amendment with Forterra in the amount of $7,500 for additional restoration activities at the Duwamish Hill Preserve. Funding comes from a King Conservation District grant originally intended for soil testing. Lead and arsenic levels at the site came back low enough to not require action, and the City agreed with KCD to transfer the funds to restoration. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Parks and Recreation Software Staff is seeking Council approval of an agreement with PerfectMlND Inc. for implementation and ongoing subscription for parks and recreation records management software. The implementation cost is $35,000 and annual subscription is $20,000. PerfectMlND was selected by a cross - departmental team from an initial pool of six vendors that originally responded to the City's RFP. This software package meets the City's goals and comes with excellent customer service reviews and comprehensive reporting, among other benefits. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 229 230 COUNCIL AGENDA SYNOPSIS Initials Meelin ,g Date Prepared b Ma yor view '=Q0' 'il review 12/05/16 BG ITEM INFORMATION R 0 1 CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA Dx1'E: 12/05/16 AGEINDA ITEM TITLE Urban Renewal - Motel Demolition Project Completion and Acceptance CATEGORY []Discussion Mtg Date Z Motion Mtg Date 12109116 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public HeatingFj Mtg Date Other Aft ,g Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PfV SPONSOR'S The contract with Construction Group International, LLC of Woodinville, WA is complete for SUMMARY the Urban Renewal - Motel Demolition Project. This contract demolished four motels (Great Bear, Boulevard, Spruce, and Traveler's) and a smoke shop. Demolition began January 6, 2016 and was completed on August 2, 2016. One change order and over-runs totaled $30,289.12. Council is being asked to accept and finalize the contract with Construction Group International for $636,194.04. REVIEWED BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMITTEE CHAIR: DE'SEANQUINN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Comm"I"T"' Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $636,194.04 $693,027.45 $0.00 Fund Source: 302 FACILITIES (PG 43, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 MTG. DATE ATTACHMENTS 12/05/16 Informational Memorandum dated 11/23/16 State of WA Department of Revenue Notice of Completion 15-202 Minutes from the Community Affairs & Parks Committee meeting of 11/28/16 231 232 TO: FROM BY: CC: DATE: C fy DI Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director Community Affairs & Parks Committee Bob Giberson, Public Works Director Peter Lau, Senior Program Manager Mayor Ekberg November 23, 2016 SUBJECT: Urban Renewal - Motel Demolition Project No. 91330201, Contract No. 15 -202 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage. .cc -."Tell k The Notice to Proceed for Contract Number 15 -202 with Construction Group International (CGI), LLC of Woodinville, Washington was issued on January 6, 2016. This Urban Renewal Motel Demolition Project demolished four motels (Great Bear, Boulevard, Spruce, and Traveler's) and one smoke shop on Tukwila International Boulevard. The building demolition project also included removal of concrete and asphalt pavements; cutting and capping utilities; installation of new cedar split rail and chain link fences; re- contouring of existing grades using available soil on site; and installations of limited new drainage structure, piping, and illumination. DISCUSSION The Urban Renewal Motel Demolition Project was physically completed on August 2, 2016. Only one change order was executed in an amount of $27,751.90 for the removal of contaminated sludge materials from an existing detention pipe at the Traveler's Choice motel site. FINANCIAL IMPACT The construction budget for the Urban Renewal Motel Demolition Project was $693,027.45. Unit price over -runs were mainly due to the change order. Retainage is being held by the City in the amount of $29,049.96. Expenses Construction Contract Amount (pre -tax) $550,710.00 Change Order No. 1 & Over -runs 30,289.12 WA State Sales Tax 55,194.92 Total Contract Amount 636194.04 RECOMMENDATION Council is being asked to formally accept the Urban Renewal Motel Demolition Project contract with CGI, LLC in the final amount of $636,194.04 as complete, and authorize the release of retainage subject to standard claim and lien release procedures, and to consider this item on the Consent Agenda at the December 5, 2016 Regular Council Meeting. Attachment: Notice of Completion, Contract #15 -202 WAPW Eng\PROJECT&A- BG Projects \TIB Redevelopment (Urban Renewal) (91330201)\Demo Construction\#.700 - Post Construction & Closeout \Info Memo Motel Demo Closeout 111816 gl.docx 233 234 STATF� S 9 Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: November 15, 2016 Contractor's UBI Number: 602516973 Name & Mailing Address of Public Agency Department Use Only City of u wl a Assigned to: 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned: UBI Number: 179000208 Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number 115-202 Job Order Contracting Urban Renewal Motel Demolition ❑ Yes V No Description of Work Done/include Jobsite Address(es) Demolition of four motels & one retail building and site reconfigurations. Federally funded transportation project? El Yes Y No (if yes, provide Contract Bond Statement below) Contractor's Name I E -mail Address Affidavit ID* Construction Group International, LLC markm @cgius.net 1676261 Contractor Address Telephone # 19407 144th Avenue NE, Building D, Woodinville, WA 98072 1425-487-2618 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. ❑ Retainage Bond ❑ Contract /Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted December 7, 2015 January 6, 2016 August 2, 2016 Were Subcontracters used on this project? If so, please complete Addendum A. Yes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Amount of Sales Tax 9.5 (If various rates apply, please send a breakdown) Comments: $ 550,710.00 $ 30,289.12 $ 0.00 $ 580,999.12 55194.92 TOTAL $ 636194.04 NUl L: 1 hese two totals must be Liquidated Damages $ 0.00 Amount Disbursed $ 607,144.08 Amount Retained $ 29,049.96 TOTAL $ 636,194.04 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Diane Jaber Email Address: diane.jaber @tukwilawa.gov CDepartment of Revenue A"'k washing, m state Deportment of Public Works Section Labor & industries (360) 704 -5650 Contract Release PWC @dor.wa.gov (855) 545 -8163, option # 4 ContractRelease @LN I. WA.GOV REV 31 0020e (4/28/14) F215- 038 -000 04 -2014 Title: Fiscal Specialist Phone Number: (206) 433 -1871 x 1871 - Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902 -9450 publicworks@esd.wa.gov 235 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L &I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavid ID* Ashford Electric & Construction Company 600640030 649163 C & P Fencing 603210811 654459 Grass Master 601517336 653781 JL Leasing and Transportation 602254863 643992 Green River Construction Company, Inc. 600582949 678533 Puget Construction Services, Inc. 603356329 668844 Puget Construction Services, Inc. 603356329 668816 Wood & Son Earthwork/Utility Construction, LLC 602192458 677059 For tax assistance or to request this document in an alternate format, please call 1- 800 -647 -7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (04/28/14) F215 -038 -000 04 -2014 Community Affairs and Parks Committee Minutes ....................................................................... ....................November28, 2016 C. Resolution: 2017 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2017 Washington State Legislative Session. The agenda includes items in the categories of Transportation & Infrastructure, Housing & Human Services, Shared Revenue, Revenue Reform, Public Records, Education, and Law Enforcement. Staff noted that the Communications Division will contract with Jennifer Ziegler to represent the City in Olympia in the coming session. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. D. Proiect Completion: Motel Demolition Proiect Staff is seeking Council approval of project completion and release of the retainage bond to CGI, LLC. in the amount of $636,194 for the Urban Renewal Motel Demolition Project. The work was completed on August 2, 2016 and included one change order for the removal of contamination from a detention pipe at the Travelers Choice site. State regulations require new property owners to assume responsibility for contamination regardless of when it occurred. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. E. Parks and Recreation Department Contracts Park Security Staff is seeking Council approval of a contract with B -Force Protection in the amount of $50,400 for continued park security services through December 31, 2018. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Duwamish Hill Preserve Staff is seeking Council approval of a contract amendment with Forterra in the amount of $7,500 for additional restoration activities at the Duwamish Hill Preserve. Funding comes from a King Conservation District grant originally intended for soil testing. Lead and arsenic levels at the site came back low enough to not require action, and the City agreed with KCD to transfer the funds to restoration. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. Parks and Recreation Software Staff is seeking Council approval of an agreement with PerfectMlND Inc. for implementation and ongoing subscription for parks and recreation records management software. The implementation cost is $35,000 and annual subscription is $20,000. PerfectMlND was selected by a cross - departmental team from an initial pool of six vendors that originally responded to the City's RFP. This software package meets the City's goals and comes with excellent customer service reviews and comprehensive reporting, among other benefits. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. 237 238 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M ew vncil review 11/21/16 LH Z Refolution Alt ,g Dale 1219116 0 Ordinance M1 ,gDate 12/05/16 LH er E] Other Mtg Dale SPONSOR Z Couneil ❑ Mayor ❑ HR ❑ DCD ❑ Finance E] Fire ❑ IT ❑ P&R [:] Police [:] PWI' SPONSOR'S On November 14, 2016 the City Council requested that a resolution embracing diversity SUMMARY and promoting tolerance and inclusion be drafted for consideration. Staff submits the attached draft and requests review and modifications as desired. Further amendments were proposed at the November 21, 2016 Regular Meeting and the resolution was referred to Community Affairs and Parks. Rr'Vu1,'1W1,J) BY ❑ cow Mtg. M CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11128/16 COMMIT= CFIAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. COMMIlTEP COST IMPACT / FUND SOURCE ExPE1NI)I'I'UIU-1,1' Rj3QUIRJ D AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/21/16 ITEM NO. 239 ISTAFF SPONSoR: LAUREL HUMPHREY IORI(,,INAI,A(,,],�NI)ADA'I'l-,,: 11/21/16 AGFINDA I'n m Trrj-i�. A Resolution reaffirming the City's commitment to diversity, tolerance and inclusion. CA rl T'GORY ® Dhwufsion Mt ,g Date 11121116 E] Motion Altg Date Z Refolution Alt ,g Dale 1219116 0 Ordinance M1 ,gDate ❑ BidAward Mig Date [-] Public .1-fearin AItg Date er E] Other Mtg Dale SPONSOR Z Couneil ❑ Mayor ❑ HR ❑ DCD ❑ Finance E] Fire ❑ IT ❑ P&R [:] Police [:] PWI' SPONSOR'S On November 14, 2016 the City Council requested that a resolution embracing diversity SUMMARY and promoting tolerance and inclusion be drafted for consideration. Staff submits the attached draft and requests review and modifications as desired. Further amendments were proposed at the November 21, 2016 Regular Meeting and the resolution was referred to Community Affairs and Parks. Rr'Vu1,'1W1,J) BY ❑ cow Mtg. M CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 11128/16 COMMIT= CFIAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. COMMIlTEP COST IMPACT / FUND SOURCE ExPE1NI)I'I'UIU-1,1' Rj3QUIRJ D AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/21/16 12/5/16 MTG. DATE ATTACHMENTS 11/21/16 Draft Resolution 12/5/16 Informational Memorandum dated 11/22/16 Draft Resolution 11/21/16 Proposed Amendments NLC R.E.A.L. Call to Action Minutes from the Community Affairs and Parks Committee meeting of 11/28/16 239 240 City of Tukwila Allan Ekberg, Mayor TO: Community Affairs and Parks Committee FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: November 22, 2016 SUBJECT: Resolution reaffirming commitment to diversity, tolerance and inclusivity. ISSUE On November 14, 2016 the City Council requested preparation of a resolution that would affirm a message of tolerance and inclusivity. DISCUSSION A draft resolution was presented to the City Council at its regular meeting on November 21. Councilmember Seal proposed several amendments, and following discussion the City Council chose to refer the draft resolution to the Community Affairs and Parks Committee for further discussion and to provide a recommendation to the full Council. Councilmember Kruller encouraged the Committee to consider the National League of Cities' Race, Equity and Leadership Call to Action that was shared at the recent City Summit. RECOMMENDATION The Committee is asked to review the draft resolution as well as the suggested amendments and the NLC Call to Action in developing a recommendation to the full Council for consideration at the December 5, 2016 Regular Meeting. ATTACHMENTS -Draft Resolution discussed at 11/21/16 Regular Meeting -Amendments proposed at 11/21/16 Regular Meeting -National League of Cities' Race, Equity and Leadership Call to Action 241 242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REAFFIRMING ITS COMMITMENT TO BEING A DIVERSE, TOLERANT AND INCLUSIVE CITY. WHEREAS, the City of Tukwila is a beautifully diverse community of neighborhoods, residents, businesses and visitors; and WHEREAS, the City of Tukwila considers this diversity to be one of its greatest assets and prioritizes the value of inclusiveness; and WHEREAS, the City Council adopted Resolution No. 1614 in 2006 reaffirming its commitment to being an inclusive community as a fundamental value; and WHEREAS, we, as elected representatives of the people, have a responsibility not to stay silent in the face of violence and discrimination against any of our constituents or compatriots; and WHEREAS, the people of Tukwila recognize that people of all cultures, ethnicities and backgrounds all do better when we work together; and WHEREAS, the City of Tukwila promotes civility and strives for a culture where tolerance and solidarity overcome fear and division; and WHEREAS, the City of Tukwila does not tolerate bias, harassment, or discrimination based on race, religion, ancestry, national origin, immigration status, gender, gender identity, sexual orientation, disability, age, housing status or status with regard to public assistance; and WHEREAS, we advance the principles of non-violence, tolerance, religious freedom, trust and safety, and recognize that these principles are valued by all communities in our City; and WHEREAS, all of Tukwila's residents deserve to live in a safe environment free of hate, discrimination and fear; and WAWord Processing\Resolutions\Diverse-tolerant-inclusive city strike-thru 11 -29 -16 LH:bjs Page 1 of 2 243 WHEREAS, we believe in the public sector for the public good, and advancing equity and inclusion is critical to the success of our communities and our nation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES ITS COMMITMENT TO EQUALITY AND INCLUSIVENESS FOR ALL RESIDENTS AND VISITORS TO OUR CITY. WE REJECT THE POLITICS OF DIVISION, BIGOTRY, VIOLENCE AND DISCRIMINATION. WE WILL FIGHT FOR THE RIGHTS, FREEDOMS AND INTERESTS OF ALL THE MEMBERS OF OUR COMMUNITY NO MATTER WHAT THE COLOR OF OUR SKIN, OUR GENDER, THE WAY WE WORSHIP, WHERE WE WERE BORN, OUR SEXUAL ORIENTATION, OR ANY OTHER IDENTITY. i4N8; FURTHERMORE, WE RESOLVE TO: 1. Prioritize and promote a welcoming environment for all in our community, and recognize the rights of individuals to live their lives with dignity and free of discrimination. 2. Commit to pursuing a policy agenda that affirms civil and human rights, and ensures that those targeted on the basis of culture religion or immigration status can turn to government without fear of recrimination. 3. Engage with individuals and community groups to promote education and dialogue among all community members. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST /AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk Joe Duffie, Council President APPROVED AS TO FORM BY: Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney W: \Word Processing \Resolutions \Diverse - tolerant - inclusive city strike -thru 11 -29 -16 LH:bjs Page 2 of 2 244 Attachment 1: Amendments to proposed resolution submitted by Councilmember Seal at November 21, 2oi6 Regular Meeting (includes additional amendments proposed by Councilmembers Quinn and McLeod) WHEREAS, we, as elected representatives of the people, have a � responsibility not to stay silent in the face of hate, violence and discrimination against any of our constituents or compatriots; WHEREAS, the people of Tukwila recognize that people of all cultures, ethnicities and backgrounds all do better when we work together; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES ITS COMMITMENT TO EQUALITY AND INCLUSIVENESS FOR ALL RESIDENTS AND VISITORS TO OUR CITY. WE REJECT THE POLITICS OF DIVISION BIGOTRY HATE AND FEAR. WE WILL FIGHT FOR THE RIGHTS FREEDOMS AND INTERESTS OF ALL THE MEMBERS OF OUR COMMUNITY NO MATTER WHAT THE COLOR OF OUR SKIN OUR GENDER THE WAY WE WORSHIP WHERE WE WERE BORN OUR SEXUAL ORIENTATION OR ANY OTHER IDENTITY. FURTHERMORE WE RESOLVE TO: 2. Commit to pursuing a policy agenda that affirms civil and human rights, and ensures that those targeted on the basis of- culture, religion or immigration status can turn to government without fear of recrimination. 245 246 To respond to the current tensions after the divisive general election, NLC encourages local elected officials to issue a statement or formal resolution affirming your commitment to the values of equity, fairness, inclusion, and justice. NATIONAL LEAGUE OF CITIES Here is sample text from our partners at the Center for Social Inclusion and the Government Alliance for Race and Equity: • We believe in and stand for values of inclusion, equity, and justice. We condemn islamophobia, racism, sexism, and xenophobia in rhetoric or action. • We welcome all people and recognize the rights of individuals to live their lives with dignity, free of discrimination because of their faith, race, national origin or immigration status. • We will continue our work in making our services and programs accessible and open to all individuals. • We believe in the public sector for the public good. Advancing equity and inclusion is critical to the success of our communities and our nation. Please share your statements and resolutions with us! Email them to real@nlc.org. .2'a LOCAL AND REGIONAL GOVERNMENT .000G'Zo .* ALLIANCE ON RACE ft El"WITY (A.-N I'Vit FOR �CTAT. INCI,USION 247 M 18-19, 2016 -NOVEMBER To respond to the current tensions after the divisive general election, NLC encourages local elected officials to issue a statement or formal resolution affirming your commitment to the values of equity, fairness, inclusion, and justice. NATIONAL LEAGUE OF CITIES Here is sample text from our partners at the Center for Social Inclusion and the Government Alliance for Race and Equity: • We believe in and stand for values of inclusion, equity, and justice. We condemn islamophobia, racism, sexism, and xenophobia in rhetoric or action. • We welcome all people and recognize the rights of individuals to live their lives with dignity, free of discrimination because of their faith, race, national origin or immigration status. • We will continue our work in making our services and programs accessible and open to all individuals. • We believe in the public sector for the public good. Advancing equity and inclusion is critical to the success of our communities and our nation. Please share your statements and resolutions with us! Email them to real@nlc.org. .2'a LOCAL AND REGIONAL GOVERNMENT .000G'Zo .* ALLIANCE ON RACE ft El"WITY (A.-N I'Vit FOR �CTAT. INCI,USION 247 CommunityAffairs and Parks Committee Minutes ..................................... ............................... .......................November 28, 2016 WHEREAS, we, as elected representatives of the people, have a responsibility not to stay silent in the face of violence and discrimination against any of our constituents or compatriots; and WHEREAS, the people of Tukwila recognize that people of all cultures, ethnicities and backgrounds all do better when we work together; and WHEREAS, we believe in the public sector for the public good, and advancing equity and inclusion is critical to the success of our communities and our nation: 1. Prioritize and promote a welcoming environment for all in our community, and recognize the rights of individuals to live their lives with dignity and free of discrimination. 2. Commit to pursuing a policy agenda that affirms civil and human rights, and ensures that those targeted on the basis of culture, religion or immigration status can turn to government without fear of recrimination. The City's cottage housing ordinance has expired and staff will prepare an update to be presented to the Council in 1st quarter 2017 that will factor in Riverton Methodist and other proposals in the City. The market has changed since the original pilot and there are new opportunities. Adjourned at 6:45 p.m. Next meeting: Monday, December 12, 2016 J2Committee Chair Approval Minutes byLH • 250 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initials Meefin ,g Date Pre �y M I - Mayo s reivew .-Zau wl review 11/14/16 VC Z Resolution Mt g Date 11121116 Z Ordinance A1 Date 11121116 —11/28/16.-- i2.1wilifi VC ❑ Otber Altg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD Z -Finance [:] Eiy-e ❑ TS ❑ P&R ❑ .Police ❑ PIV VC REVIEM-U) BY ❑ cow Mtg. Z CA&P Cmte Z F&S Cmte F-1 Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 11/8/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Finance/Public Works Unanimous Approval; Forward to C.OW. 11/14 and Regular 11/21 COST IMPACT / FUND SOURCE Exi,j!1'NI)TTURJ.!', REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $388,286,176 $ $388,276,176 Fund Source: MISCELLANEIOUS FUNDING SOURCES, SEE DETAIL. Comments.- MTG. DATE RECORD OF COUNCIL ACTION Yt*kyll millfeliqlkhr—AME 251 STAFF SPONSOR: PEGGY MCCARTHY 11/14/16 A(',i�'INDA ITj .m Ti'rii" Ordinance adopting the 2017 - 2018 biennial budget, and a resolution adopting the 2017 - 2022 Capital Improvement Program. CATFIGORY Z Discussion Mt g Date 11114116 ElMotion MtS Dale Z Resolution Mt g Date 11121116 Z Ordinance A1 Date 11121116 ❑ Bid-1hpard Mt g Date Z Public Hearing M g Dale 11114116 ❑ Otber Altg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD Z -Finance [:] Eiy-e ❑ TS ❑ P&R ❑ .Police ❑ PIV SPONSOR") City Council is being asked to approve an ordinance adopting the 2017 - 2018 biennial SUMMARY budget and a resolution adopting the 2017 - 2022 Capital Improvement Program. These items are scheduled for Council consideration at the 11/14/16 Committee of the Whole and 11/21/16 Regular Council meeting. REVIEM-U) BY ❑ cow Mtg. Z CA&P Cmte Z F&S Cmte F-1 Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 11/8/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Finance/Public Works Unanimous Approval; Forward to C.OW. 11/14 and Regular 11/21 COST IMPACT / FUND SOURCE Exi,j!1'NI)TTURJ.!', REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $388,286,176 $ $388,276,176 Fund Source: MISCELLANEIOUS FUNDING SOURCES, SEE DETAIL. Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Forward to the next C.O.W. ii.12-a/16— Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/14/16 Informational Memorandum dated 11/2/16 Draft Ordinance Draft Resolution Reconciliation of the 2017 - 2018 Budget Summary to Ordinance 11/28/16 As above 12/5/16 10rdinance & RpsolUtinn 251 252 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2017-2018 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the preliminary budget of the City of Tukwila for the 2017-2018 biennium was submitted to the City Council in a timely manner for their review; and WHEREAS, a Public Hearing on the proposed budget was advertised and held on November 14, 2016; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby adopts the document entitled "City of Tukwila 2017-2018 Budget," incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.120. Section 2. The totals of the estimated revenues and appropriations for each separate fund and the aggregate totals are as follows: W: Word Processing\Ordinances\Adopt 2017-2018 Biennial Budget 10-20-16 Page 1 of 3 VC:bjs 253 Section 3. A complete copy of the final budget for 2017 -2018, as adopted, together with a copy of this adopting ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. W: Word Processing \Ordinances\Adopt 2017 -2018 Biennial Budget 10 -20 -16 VC:bjs 254 Page 2 of 3 Total Total Fund Expenditures Revenues 000 General $142,401- $ 142,401,606 105 Contingency 5,756,048 5,756,048 101 Hotel /Motel 2,400,875 2,400,875 103 City Street 15,665,431 15,665,431 104 Arterial Street 39,473,923 39,473,923 109 Drug Seizure Fund 581,635 581,635 200 LTGO Bonds 3,764,696 3,764,696 208 LTGO Bonds - 2017 492,000 492,000 209 LTGO Bonds - 2017 672,000 672,000 211 Limited Tax G.O. Refunding Bonds, 2008 1,619,416 1,619,416 212 Limited Tax G.O. Bonds, 2009A 855,751 855,751 214 Limited Tax G.O. Bonds, 2010A 1,190,316 1,190,316 216 UTGO - 2017 2,681,000 2,681,000 217 2011 Refunding Bonds 1,102, 089 1,102, 089 218 2014 Facility 226,260 226,260 206 LID Guaranty 670,151 670,151 233 2013 LID 2,280,408 2,280,408 301 Land Acquisition, Recreation & Park Devi. 4,098,123 4,098,123 302 Facility Replacement 8,171,906 8,171,906 303 General Govemment Improvements 735,349 735,349 304 Fire Improvements 727,831 727,831 305 Public Safety Plan 24,143,000 24,143,000 306 City Facilities 29,493,000 29,493,000 401 Water 18,126, 561 18,126, 561 402 Sewer 26,482,091 26,482,091 411 Foster Golf Course 3,805,274 3,805,274 412 Surface Water 20,672,828 20,672,828 501 Equipment Rental 12,878,676 12,878,676 502 Insurance Fund 13,998,014 13,998,014 503 Insurance - LEOFF 1 Fund 1,746,884 1,746,884 611 Firemen's Pension 1,311,619 1,311,619 Total All Funds Combined $388,224,762 $ 388,224,762 Section 3. A complete copy of the final budget for 2017 -2018, as adopted, together with a copy of this adopting ordinance, shall be kept on file in the City Clerk's Office, and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. W: Word Processing \Ordinances\Adopt 2017 -2018 Biennial Budget 10 -20 -16 VC:bjs 254 Page 2 of 3 Section 4. 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 5. 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 6. 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 12016. ATTEST/AUTHENTICATED: Christy OFlaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Adopt 2017-2018 Biennial Budget 10-20-16 VC:bjs Page 3 of 3 255 256 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2017- 2022 FINANCIAL PLANNING MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS. WHEREAS, when used in conjunction with the biennial City budget, the Capital Improvement Program (CIP) and the Financial Planning Model for the period of 2017- 2022 are resource documents to help plan directions the City will consider for the future; and WHEREAS, the Financial Planning Model and Capital Improvement Program are not permanent fixed plans, but are guidelines or tools to help reflect future goals and future resources at the time budgets are being planned; and WHEREAS, the commitment of funds and resources can only be made through the budget process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby adopts the 2017 -2022 Financial Planning Model and accompanying Capital Improvement Program, incorporated by this reference as if fully set forth herein. Section 2. A copy of the 2017 -2022 Financial Planning Model and accompanying Capital Improvement Program shall be kept on file electronically by the City Clerk and accessible from the City's website in accordance with Washington State records retention schedule requirements and City policy, and shall be made available to the public upon request. Section 3. The assumptions, revenues and expenditures will be reviewed and updated biennially, or as necessary, by the City Council. W: \Word Processing \Resolutions\Financial Planning Model & CIP 10 -20 -16 Page 1 of 2 GL:bjs 257 Section 4. The detail of Capital Improvement Program projects will be reflected in the published Financial Planning Model and Capital Improvement Program 2017-2022. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Joe Duffie, Council President ".I gal --• : a 9 f M Eel Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney WAWord Processing\Resolutions\FinanciaI Planning Model & CIP 10-20-16 GL:bjs 258 Page 2 of 2 COUNCIL AGENDA SYNOPSIS nilialf Meeting Dale Pre Pared by Mayo, review Council review 11/28/16 RE Z Resolution M1 g Date 1219116 ❑ Ordinance Aig Dale 12/5/16 RE 1:1 Other Mt g Date SPONSOR ❑ Council [:] Mayor [:].HR ❑ DCD [:] ["inance [:] Fire ❑ TY Z P&R ❑ Police ❑ PWI SPONSOR'S Approving the resolution to accept the land donation will enhance the Tukwila Parks, Trails SUMMARY and Open Space System by preserving additional open space in Tukwila along a portion of the Riverton Creek. RI,v I I "WFID BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ utilities Cmte F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks & Recreation Comm"i-IT"k' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $10,000 $0 $0 Fund Source: 301.98.594.760.63-00 Comments: Testing and vegetation management will total approx. $10,000 funded by P&R CIP Land Acq. MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 ITEMNO. 5.C. 259 STAFF SPONSOR: ROBERT EATON 11/28/16 A(3j3NDA I'lT"NITITLE Resolution Accepting Land Donation CA'I'I-X,',0RY Z Discussion Mt Dale 11128116 ❑ Motion M i g Dale Z Resolution M1 g Date 1219116 ❑ Ordinance Aig Dale F-I .Bid Amard Mt Date ❑ Public .Hearing M1 g Date e 1:1 Other Mt g Date SPONSOR ❑ Council [:] Mayor [:].HR ❑ DCD [:] ["inance [:] Fire ❑ TY Z P&R ❑ Police ❑ PWI SPONSOR'S Approving the resolution to accept the land donation will enhance the Tukwila Parks, Trails SUMMARY and Open Space System by preserving additional open space in Tukwila along a portion of the Riverton Creek. RI,v I I "WFID BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ utilities Cmte F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks & Recreation Comm"i-IT"k' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $10,000 $0 $0 Fund Source: 301.98.594.760.63-00 Comments: Testing and vegetation management will total approx. $10,000 funded by P&R CIP Land Acq. MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/9/16 Location Maps DRAFT Resolution with Exhibit A Minutes from the Community Affairs and Parks Committee meeting of 11/14/16 12/5/16 Resolution 259 260 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING THE DONATION OF CERTAIN REAL PROPERTY TO THE CITY OF TUKWILA BY GREGORY S. SARANTOS AND PETER SARANTOS. WHEREAS, Gregory S. Sarantos and Peter Sarantos are the owners of the property as fully described in Exhibit A attached hereto, located within Tukwila, Washington, and desire to donate this property to the City of Tukwila; and WHEREAS, the City of Tukwila's Parks & Recreation Department, through the Parks, Recreation and Open Space Plan, has identified the property as beneficial to the expansion of the publicly-owned open space; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby accepts the donation of certain real property from Gregory S. Sarantos and Peter Sarantos as detailed in the attached Exhibit A. Section 2. The City Council authorizes the Mayor to execute the appropriate documents necessary to convey title for the property (as shown in Exhibit A) to the City of Tukwila. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Joe Duffie, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Exhibit A: King County iMaps (2) of neighborhood and parcel, and Legal Description WAWord Processing\Resolutions\Accept donation of property-Sarantos 11-8-16 RE:bjs Page 1 of 1 261 262 Attachment A Land Donation Parcel (S UP St & 37th Ave S) (Riverton Creek Map) 263 The information included on th'e nap has been compied by King County staff from a variety of sources and is subject to change wkhout notice. Kng County makes no representations orwaradi es, express or impked, as to accuracy, completeness, tioelress, or rights to the use of such information. Ttis documentis rot intended for use as a survey product. Ihng County shdl rot be liable fcr any general, special, indirect, incidental, or consequential damages including, but nd limited to, bst revenues or lost profits resuking from the use or misuse cf the inforrnatbn contained on this map. My sale of ttis map or information on this map is prohitited except by written permission of King County. King County iMap , -�..:�• . '.may'- _ .s S 128th 1 -' 1 The hfornation hckided on this map has been compied by King County staff from a variety of sources and is subject to change without notice. King County makes no representations orwararties, express or impied, a; to accuracy, completeness, tinelhess, or rights to the use of such information. This documentis rot intended for use as a survey product. IGng County shill not be liable fcr any general, special, indirect, incidental, or consequential damages induding, but not Iirited to, lost revenues or lost profit resulting from the use or misuse ct the informatbn contained on this map. Any sale of this map or information on this map t prohidted except by written permission of Kirg County. Date: 10/31/2016 iMap Parcel # 7345600722 N L King County A GIS CENTER • 266 Exhibit A Legal Description ALL OF LOT 12 AND WEST 20 FEET OF LOT 13, BLOCK 9, RIVERTON, TOGETHER WITH THE VACATED STREET ADJACENT TO THE PROPERTY. 267 COUNCIL AGENDA S Initials Meeting ,g Date Prepared �;y ', I - y review ,4r x re Council review 11/28/16 VC ❑ Resolution Mt g Date ❑ Ordinance Mtg Dale 12/05/16 VC ❑ Other M1 g Date SPONSOIZ ❑ Council ❑ Mayor E:].HR ❑ DCD Z.Finance [—] .fire ❑ IS [:] P& R ❑ Police ❑ PV SPONSOWS Council is being asked for consensus at the December 5, 2016 Regular Council meeting to su"\,Im,\Ry authorize the Mayor to sign a non-binding Statement of Intent with respect to enter into an Interlocal Agreement with King County Animal Control Services beginning January 1, 2018 based on the Agreement in Principle. Ri,1,vii,., WI: J) BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/22/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department CommI1 "I'I-F," Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG.DATE1 RECORD OF COUNCIL ACTION 11/28/16 ITEM INFORMATION ITEM NO. 5.D. 269 ISTAFF SPONSOR: VICKY CARLSEN ORIGINAL A(,]3NI)ADATE: 11/28/16 AGENDA I'nm TrrI,I, Council consensus to authorize the Mayor to sign non-binding Statement of Intent with Respect to enter into an Interlocal Agreement with King County Regional Animal Services CATEGORY Z Discussion Mi g Date 111281 16 Z Motion Mi g Date 1215116 ❑ Resolution Mt g Date ❑ Ordinance Mtg Dale ❑ BidAxard Al g Dale F-] Public Hearing Ai g Date ❑ Other M1 g Date SPONSOIZ ❑ Council ❑ Mayor E:].HR ❑ DCD Z.Finance [—] .fire ❑ IS [:] P& R ❑ Police ❑ PV SPONSOWS Council is being asked for consensus at the December 5, 2016 Regular Council meeting to su"\,Im,\Ry authorize the Mayor to sign a non-binding Statement of Intent with respect to enter into an Interlocal Agreement with King County Animal Control Services beginning January 1, 2018 based on the Agreement in Principle. Ri,1,vii,., WI: J) BY ❑ cow Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/22/16 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department CommI1 "I'I-F," Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG.DATE1 RECORD OF COUNCIL ACTION 11/28/16 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/16/16 Summary of Changes to Interlocal Agreement Agreement in Principle with Changes Tracked Benefits of a Regional System Cost Allocation Modeling 2018 Non-Binding Intent 12/5/16 Nn attachments 269 270 COUNCIL AGENDA S Meeting Date Pre .paced b,y Mayor's review C guntil review 11/28/16 BG ❑ Resolution Mt ,g Date Z Ordinance Mt Date 12109116 12/05/16 BG ❑ Other g Date Mt SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance [:].Fire ❑ TS ❑ P&R [:] Police Z PV SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to SUMMARY adopt Low Impact Development (LID) Principles and LID Best Management Practices. In addition, the City is required to adopt the State Department of Ecology's Stormwater Manual or equivalent. TMC Titles 14, 16, 8.25 & 18 will need to be amended by Ordinance to meet these requirements. Title 14 will adopt the 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual. Ri3Vii,'IWTID BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte Z Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. Z Planning Comm. DATE: 9/13&9/27,&10/27/16 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMI'1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE Exlll3NDITURI3 REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 ITEM INFORMATION ITEMNO. 5.E. —7STAFF SPONSOR: BOB GiBERSON I ORIGINALAGENDADATE: 11/28/16 AGENDA I,ff,"m Trrj,i NPDES Surface Water Permit Requirements for LID Development Ordinance Amendments to TMC Titles 14, 16, 8.25 & 18 CATEGORY Z Discussion All ,g Date 11128116 ❑ Motion Mt ,g Date ❑ Resolution Mt ,g Date Z Ordinance Mt Date 12109116 ❑ BidAivard Mtg Date Z Public Hearing Aft ,g Date 11128116 ❑ Other g Date Mt SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance [:].Fire ❑ TS ❑ P&R [:] Police Z PV SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to SUMMARY adopt Low Impact Development (LID) Principles and LID Best Management Practices. In addition, the City is required to adopt the State Department of Ecology's Stormwater Manual or equivalent. TMC Titles 14, 16, 8.25 & 18 will need to be amended by Ordinance to meet these requirements. Title 14 will adopt the 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual. Ri3Vii,'IWTID BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte Z Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. Z Planning Comm. DATE: 9/13&9/27,&10/27/16 COMMITTEE CHAIR: KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMI'1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT/ FUND SOURCE Exlll3NDITURI3 REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 Forward to next Regular Meeting 12/05/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/23/16 Draft Title 14 Ordinance, Draft Title 16 Ordiance, Draft Title 8.25 & 18 Ordinances Minutes from the Utilties Committee meeting of 9/13/16 and 9/27/16 Minutes from the Planning Commission meeting of 10/27/16 12/5/16 Ordinances 271 272 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 14.30.030, 14.30.060 AND 14.30.100, TO UPDATE REGULATIONS REGARDING SURFACE WATER MANAGEMENT; ESTABLISHING A NEW SECTION ENTITLED "TRASH AND WASTE RECEPTACLES," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTION 14.30.110; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase 11 Municipal Stormwater Permit (the "Permit"); and WHEREAS, the Permit extends the coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, stormwater management procedures established in 2010 by City of Tukwila Ordinance No. 2274, and amended by Ordinance No. 2423, no longer effectively address the surface water management requirements outlined above; and WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing on the draft ordinance; and W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 14.30 11-29-16 GV:bjs Page 1 of 7 273 WHEREAS, the City Council deems it to be in the best interest of public safety, health and welfare for its citizens to enact the new surface water regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TIVIC Section 14.30.030 Amended. Ordinance No. 2274 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 14.30.030, "Definitions," subparagraph 13, is hereby amended to read as follows: 14.30.030 Definitions 13. "Low impact development ("LID") means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Section 2. TMC Section 14.30.060 Amended. Ordinance No. 2274 §1 (part), as codified at TIVIC Section 14.30.060, "Standards," is hereby amended to read as follows: 14.30.060 Standards All development activities within the City shall be undertaken in accordance with the following minimum standards, except that depending on a project's possible impact to public and environmental health and safety, the Director may require stricter standards: 1. The City's National Pollutant Discharge Elimination System (NPDES) permit. 2. The 2016 King County Surface Water Design Manual (hereafter known and referred to as "KCSWDM"), attached hereto as "Exhibit A" (or in the alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Surface Water Design Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Surface Water Design Manual or the SWDM. The Director will review subsequent amendments to the KCSWDM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and/or procedures pursuant to the Director's authority under TIVIC Section 14.30.010(A). 3. The Department of Ecology 2012 Stormwater Management Manual for Western Washington, hereafter known and referred to as the "DOE SWDM," may be used for project design for multi jurisdictional development projects wherein a substantial and material portion of the development project will take place outside of the jurisdictional boundaries of the City and will be required by a permitting authority to comply with the standards set forth in the DOE SWDM; provided that the Public Works Director approves of the DOE SWDM based upon a finding that application of differing standards set forth in the SWDM and the DOE SWDM will create a hardship for the applicant, and that approval of use of the DOE SWDM will not result in requirements W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 14,30 11-29-16 Page 2 of 7 GV:bjs 274 that are less restrictive than the SWDM or otherwise inconsistent with the purpose of this chapter. 4. The 2016 King County Stormwater Pollution Prevention Manual, hereafter known and referred to as "KCSPPM," attached hereto as Exhibit B (or in the alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Stormwater Pollution Prevention Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Stormwater Pollution Prevention Manual or the "SPPM." The Director will review subsequent amendments to the KCSPPM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and/or procedures pursuant to the Director's authority under TIVIC Section 14.30.010(A). 5. The Public Works Surface Water Regulations and Procedures. 6. Development design and construction shall meet all of the applicable standards and codes, recommendations in specific reports, such as the geo-technical report and the Technical Information Report, and design criteria contained in the Comprehensive Surface Water Management Plan or Drainage Basin Plans. 7. Unless the context indicates otherwise, the following terms and phrases, as used in the SWDM or the SPPM, shall have the meaning or reference given. See Figure 14-4 relating to Tukwila Terminology Equivalents to King County Terminology. Figure 14.4 — Tukwila Terminology Equivalents to King County Terminology King County Term City of Tukwila Term Agricultural Project Term does not apply. Critical Drainage Area Critical Drainage Area means an area as determined by the City needing additional controls to address flooding, drainage and/or erosion condition that poses an imminent likelihood of harm to the welfare and safety of the surrounding community. DDES' City of Tukwila Department of Community Development. DNRP1 City of Tukwila Department of Community Development. Director City of Tukwila Public Works Director. King County City of Tukwila. King County Road Standards City of Tukwila Infrastructure Design and Construction Standards and the requirements of the City of Tukwila Public Works Department. Water and Land Resource Division City of Tukwila Public Works. W: Word ProcessingXOrdinancesTow Impact Development rqmts-TMC 14.30 11-29-16 Page 3 of 7 GV:bjs 275 Zoning Classifications: These zoning classifications are intended for areas outside the Agriculture (A); Urban Growth Boundary; therefore the City of Tukwila contains Forest (F); no equivalent zoning. Refer to City of Tukwila zoning maps and Rural (Z) designations. 'Other terms used in the KCSWDM to reference other King County staff or departments shall also refer to the City of Tukwila Department of Community Development. 8. All references in the SWDM or the SPPM to the following King County codes, or any section thereof, shall be replaced by reference as indicated in Figure 14-5 to the applicable code and comparable section thereof. 9. All references in the SWDM and SPPM to the following maps shall be replaced by reference as indicated in Figure 14-6. Figure 14.6 — Tukwila Maps Equivalent to King County Maps or Designation King County Map or City of Tukwila Map or Designation Designation Coal Mine Hazard Areas Map Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Landslide Hazard Area and Maps delineating landslide areas, steep slopes and coal Landslide Drainage Areas Map mine hazard areas within Tukwila are available at the Department of Community Development service desk. Water Quality Applications Map Not applicable. --Aquatic areas (as defined in Maps delineating stream and wetland types and their KCC 21A.06) associated buffers within Tukwila are available at the Department of Community Development service desk. Wetlands (as defined in Maps delineating stream and wetland types and their KCC 21A.06) associated buffers within Tukwila are available at the Department of Community Development.service desk. Seismic Hazard Areas Defined and regulated through the Washington State Building Code. Flood Hazard Area (as defined Flood Plain Management will be regulated through TMC in KCC 21A.06) Section 16.52. Steep Slope Hazard Area (no Maps delineating landslide areas, steep slopes and coal map referenced in the mine hazard areas within Tukwila are available at the KCSWDM) Department of Community Development service desk. Critical Aquifer Recharge Area Not applicable. as defined in KCC 21A.06) Wildlife Habitat Conservation Fish and wildlife habitat conservation areas will be Area (as defined in KCC 21A.06) regulated through TMC Chapter 18.44, Shoreline Overlay District, and the regulations in TMC Chapter 18.45 related to wetlands and watercourses. Wildlife Habitat INe Networks �(as equivalent. No �equivalent. defined in KCC 2�lnA.06 W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 14.30 11-29-16 Page 4 of 7 GV:bjs 276 All references in the SWDM to the Stormwater Pollution Prevention Manual shall mean and refer to the SPPM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. All references in the SPPM to the Stormwater Design Manual shall mean and refer to the SWDM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. The definition of Critical Drainage Area in Chapter 1 of the SWDM is amended by striking "by administrative rule under the procedures specified in KCC 2.98." The reference in Section 1.1.2.4 of the SWDM to Urban Planned Development shall mean and refer to the equivalent such designation under the City of Tukwila Comprehensive Plan as determined by the City of Tukwila Community Development Director. The note following the third sentence of Section 1.1.3 of the SWDM is stricken. The last paragraph of Section 1.1.4 beginning with "Additional mitigation" is stricken. The reference in Section 12.2 at paragraph 2 of the SWDM to KCC 21A.24.110 shall mean and refer to the applicable provision of Title 18 of the Tukwila Municipal Code. All references to Critical Area Review in the SWDM and the SPPM shall mean and refer to Environmentally Sensitive Area Review pursuant to Title 18 of the Tukwila Municipal Code. References in the SWDM and SPPM to Chapter 16.82 of the King County Code shall mean and refer to the clearing and grading provisions of Title 16 of the Tukwila Municipal Code. Subsection F of Section 1.2.4.3 of the SWDM is omitted. The reference in Section 1.2.7 to King County Ordinance 12020 shall mean and refer to the financial guarantee requirements of the applicable provisions of the Tukwila Municipal Code or the Public Works Surface Water Regulations and Procedures. Section 1.4.4 of the SWDM is stricken and replaced with the following: All variances ("Adjustments") from Chapter 14.30 of the TMC, the SWDM and the SPPM shall be governed by the procedures, standards and requirements set forth in Chapter 18.72 of the Tukwila Municipal Code, as it now exists or may hereafter be amended. The reference in Section 1.4.5 of the SWDM to KCC 20.20 shall mean and refer to the applicable provisions of Title 18 of the Tukwila Municipal Code. References to offices of King County shall mean and refer to the equivalent offices of the City of Tukwila. Except when the context indicates otherwise, references in the SWDM and the SPPM to specific codes or sections of codes of King County, such as the King County critical areas code, shoreline management code, clearing and grading code, and road standards, shall mean and refer to the equivalent codes or sections of codes of the City of Tukwila. Section 3. TMC Section 14.30.100 Amended. Ordinance No. 2274 §1 (part), as codified at TMC Section 14.30.100, "Inlet Marking," is hereby amended to read as follows: 14.30.100 Inlet Marking A. All new inlets and catch basin grates, public or private, shall be marked "No Dumping! Drains to Stream." In addition, a four-inch raised pavement marking that states "No dumping—Drains to Streams" or equivalent as approved by the Public Works Director shall be installed. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 14.30 11-29-16 Page 5 of 7 GV:bjs 277 B. Existing inlets and catch basin grates in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." In addition, a four-inch raised pavement marking that states "No dumping—Drains to Streams" or equivalent as approved by the Public Works Director shall be installed. C. The marking shall meet the standard in the City's Development Guidelines and Design and Construction Standards. Section 4. Regulations Established. TIVIC Section 14.30.110, "Trash and Waste Receptacles," is hereby established to read as follows: 14.30.110 Trash and Waste Receptacles A. Restaurants, including food preparation facilities; facilities with an outdoor trash compactor; or facilities that have been determined to generate pollution or waste activities, shall have a dedicated, roof-covered trash enclosure that drains to a catch basin connected to a grease interceptor that drains to the sanitary sewer. The trash enclosure area shall be kept clean and contained and shall not drain to a storm drainage system. B. Dumpsters and garbage and waste containers shall be leak-proof and kept closed or lidded at all times except when disposing of waste materials. C. Grease storage containers shall be kept covered at all times and shall have spill containment. The area shall be kept clean and clear of any fats, oil or grease and shall not drain to a storm drainage system or sanitary sewer system Section 5. TIVIC Sections Recodified. The following TIVIC sections are hereby renumbered to be codified as follows: 14.30.120 Financial Guarantees 14.30.130 Insurance 14.30.140 Exceptions 14.30.150 Liability 14.30.160 Penalties 14.30.170 Abatement 14.30.180 Injunctive Relief 14.30.190 Appeals Section 6. 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 W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 14.30 11-29-16 GV:bjs Page 6 of 7 278 other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 7. Severability. If any section subsection, paragraph, sentence, clause or phase 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 8. 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 on December 31, 2016 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 2016. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Attachments: Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — 2016 King County Surface Water Design Manual (KCSWDM) Exhibit B — 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 14.30 11-29-16 Page 7 of 7 GV:bjs 279 :1 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 16.54.010, 16.54.030, 16.54.050, 16.54.060 AND 16.54.080, RELATED TO LOW IMPACT DEVELOPMENT REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS ENTITLED "PERMIT APPLICATION REQUIREMENTS" AND "SEASONAL LIMITATION PERIOD," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND 16.54.065 RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase 11 Municipal Stormwater Permit (the "Permit"); and WHEREAS, the Permit extends coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, Permit section S5.C.4 requires the City to implement and enforce a program to reduce pollutants in stormwater runoff by regulating new development, redevelopment and construction sites; and W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 1 of 9 GV:bjs 281 WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing on the draft ordinance; and WHEREAS, the City Council deems it necessary to update Tukwila Municipal Code Chapter 16.54, "Grading," to remain in compliance with the Permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.54.010 Amended. Ordinance No 2062 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.54.010, "Purpose," is hereby amended to read as follows: The provisions of TMC Chapter 16.54 shall be liberally construed to accomplish the following purposes: 1. Prevent damage to life, public and private property, surface waters, sensitive areas and associated buffers. 2. Regulate grading activities, including excavation, fill, grading, earthwork construction, and structural preloads. 3. Prevent erosion and control sedimentation. 4. Establish the standards to govern grading activities. 5. Provide for approval and inspection of grading activities. 6. Prevent and minimize disturbance of native soils and landscapes, and restore the moisture-holding capacity of disturbed soils. Section 2. TMC Section 16.54.030 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.030, "Definitions," is hereby amended to read as follows: As used in TMC Chapter 16.54, the terms shall be defined as follows: 1. "Applicant" means any person who has applied for a grading permit. 2. "Buffer-" means the area contiguous to a sensitive area that is required for the continued maintenance, function and structural stability of the sensitive area as defined in the Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45). 3. "Compaction" means the densification of a fill or of existing soils by mechanical or other means, whether intentional or incidental. 4. "Director" means the Public Works Director or his/her designee, including the City Engineer and Public Works inspectors. 5. "Erosion" means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. 6. "Excavation" means the digging or removal of earth material, also referred to as a "cut." 7. "Fill" means a deposit of material placed by artificial means. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 2 of 9 GV:bjs 0.7*FA 8. "Grade" means the vertical location of the ground surface. 9. "Grading" means any activity that results in change of the cover or topography, or any activity that may cause erosion, including clearing, excavating, filling, and stockpiling associated with excavating and filling. 10. "Sensitive area" means wetlands, watercourses, areas of potential geologic instability, abandoned coal mines, and fish and wildlife habitat areas, per the City's Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45.) 11. "Site" means any legally defined section of real property, whose boundaries are recorded with the King County Assessor's Office for the purposes of assessing taxes, or a group of adjoining sections of such real property that are proposed as the location for grading activities. 12. "Slope" means an inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Section 3. TMC Section 16.54.050 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.050, "Permit," is hereby amended to read as follows: A. A permit is required for all grading activities occurring within the City limits, except the following: 1. Excavation for construction of a structure permitted under the Buildings and Construction chapter of Title 16 (TMC Chapter 16.04). 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells, or trenches for utilities. 5. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 6. Exploratory excavations performed under the direction of a registered design professional, as long as this exploratory excavation does not constitute the beginning of construction of a building prior to obtaining a permit. 7. Gardening and routine landscape maintenance on a single-family residential lot. B. Applications for permits pursuant to TMC Chapter 16.54 shall be submitted to the City in the format and manner specified in TMC Section 16.54.055. C. An approved grading permit applies to one site. A separate permit shall be obtained for each site. D. The City shall collect a nonrefundable permit fee, the amount set by resolution of the City Council. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 3 of 9 GV:bjs 283 Section 4. Regulations Established. TIVIC Section 16.54.055, "Permit Application Requirements," is hereby established to read as follows: 16.54.055 Permit Application Requirements A. To obtain a permit, the applicant shall submit an application on a form provided by or approved by the Director that shall include, at a minimum: 1. Identification and description of the work to be covered by the permit. 2. An estimate of the quantities of excavation and fill involved by volume and by the total area graded in square feet and as a percentage of the total site area. 3. Identification and description of all sensitive areas on the site or visible from the boundaries of the site. 4. Plans, reports, and specifications that, at a minimum, include those items required in IBC Section J104 and: a. Property boundaries, all existing and proposed easements and required setbacks; b. A 1:2000 scale vicinity map with a north arrow; c. Horizontal and vertical scale; d. Size and location of existing improvements on and within 50 feet of the project, indicating which will remain and which will be removed; e. Location of all proposed cleared areas; f. Existing and proposed contours at maximum 2-foot intervals, extending for 20 feet beyond the project edge, that provide sufficient detail to identify how grade changes will conform to the requirements of this code; g. At least two cross sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales; and h. A proposed erosion and sediment control plan consistent with TIVIC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. B. Materials in addition to those required in TIVIC Section 16.54.055.A may be necessary for the Director to complete the review. The following materials shall be submitted when required by the Director: 1. Higher accuracy contours and more details of existing terrain and area drainage, limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction. 2. If applicable, all drainage plans and documentation consistent with TMC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 4 of 9 GV:bjs Kim, 3. Studies prepared by qualified specialists, as necessary to substantiate any submitted materials and compliance with this chapter or other law, particularly if clearing or grading is proposed to take place in or adjacent to an environmentally sensitive area. C. Plans and specifications shall include permanent drainage facilities and be prepared by a civil engineer if the project is: 1. in conjunction with the placement of a structure; or 2. located in steep slope or landslide hazard areas as defined in the Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45). The Director may modify this requirement depending on the circumstances of the site or the proposed project. D. The Director shall determine the number of copies of the required plans, specifications and supporting materials necessary to perform the review and may require submittal of materials in alternative formats. E. The Director may waive specific submittal requirements if they are determined to be unnecessary for the acceptance and subsequent review of an application. Section 5. TIVIC Section 16.54.060 Amended. Ordinance No 2062 §1 (part), as codified at TIVIC Section 16.54.060, "Standards," is hereby amended to read as follows: A. All grading activities require erosion prevention and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, rights-of-way, water resources, and adjacent properties. Erosion and sediment controls shall be applied commensurate with the degree of risk, and as specified by the temporary erosion and sediment control measures, performance criteria, and implementation requirements of TIVIC Chapter 14.30 and the Surface Water Design Manual. B. All grading activities shall be undertaken according to the following mandatory standards: 1. All design and construction shall be performed to minimize soil disturbance, to minimize compaction where not required for structural stability, and to maximize erosion prevention and sediment control. 2. All grading activities shall be consistent with: a. The standards provided by this chapter. b. The Buildings and Construction Chapter (TMC Chapter 16.04), the Zoning Code (TIVIC Title 18,) and the International Building Code ("IBC") Appendix J. Appendix J is hereby adopted by reference, except as amended in TIVIC Sections 16.54.050, 16.54.060 and 16.54.065, and as may be amended from time to time. c. The Infrastructure Design and Construction Standards chapter (TIVIC Chapter 16.36). W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 5 of 9 GV:bjs 285 d. The Surface Water Design Manual, as adopted in accordance with TIVIC Chapter 14.30 and as may be amended from time to time. e. Policies and procedures set forth by the Director. C. Cuts and fills shall conform to the standards provided in IBC Section J106, "Excavations," and J107, "Fills," except as modified below or otherwise approved by the Director: 1. Provisions shall be made to: a. Prevent any surface water or seepage from damaging the cut face of any excavation or the sloping face of a fill. b. Address any surface water that is or might be concentrating as a result of a fill or excavation to a natural watercourse in accordance with TIVIC Chapter 14.30 and the Surface Water Design Manual. 2. Fill shall be compacted according to the following standards: a. Fill greater than 18 inches in depth shall be engineered and compacted to accommodate the proposed use in accordance with the applicable standard listed below unless a notice on title documenting the location of the fill is recorded and the fill is sufficiently stable so as not to pose a hazard, as follows: (1) Fill material at the location of a proposed building or a location not listed in subparagraphs (2) or (3) below shall be compacted in accordance with IBC Section J 107. B. (2) Fill material at the location of proposed public infrastructure, such as streets and roads, shall be compacted in accordance with the Infrastructure Design and Construction Standards (TIVIC Chapter 16.36). (3) Fill material including, but not limited to, imported soils and compost, at the location of a proposed stormwater facility or placed as part of earthwork construction of a stormwater facility, shall be compacted in accordance with the Surface Water Design Manual and TIVIC Chapter 14.30. D. Access roads to grading sites shall be: 1. Maintained and located to the satisfaction of the Director to minimize problems with dust, mud, and traffic circulation; 2. Located where the permanent access to the site is proposed in the permit application to minimize site disturbance; and 3. Controlled by a gate when required by the Director. E. Signs warning of hazardous conditions, if determined by the Director to exist on a particular site, shall be affixed at locations as required by the Director. F. Where required by the Director to protect life, limb and property, fencing shall be installed with lockable gates that must be closed and locked when no work is being W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 6 of 9 GV:bjs a-*T-9 conducted on the site. The fence shall be no less than six feet in height and the fence material shall have no opening larger than two inches. G. Rocks, dirt, mud, vegetation, topsoil, duff layer and any other materials stripped from, imported onto, used or produced on-site in the course of grading activities shall not be spilled onto, stockpiled, or otherwise left on public roadways or on any off-site property not specifically authorized as a receiving site under a valid permit. H. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled to the maximum extent practicable on-site in a designated, controlled area not adjacent to public resources or to environmentally sensitive areas. The material shall be reapplied to other portions of the site where feasible. The soil moisture holding capacity of the soil shall be restored as follows: 1. Except as otherwise provided in TMC Section 16.54.060.1.2, areas that have been cleared and graded shall have the soil moisture-holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture-holding capacity. The amendment shall take place between May 1 and September 30. The topsoil layer shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture-holding capacity native to the site. The topsoil layer shall have an organic matter content of between 5% to 10% dry weight and a pH suitable for the proposed landscape plants. Subsoils below the topsoil layer should be scarified at least four inches with some incorporation of the upper material to avoid stratified layers. Compost used to achieve the required soil organic matter content must meet the definition of "composted materials" in WAC 173-350-220. 2. This subsection does not apply to areas that will be covered by an impervious surface at project completion, incorporated into a drainage facility or engineered as structural fill or slope. Section 6. Regulations Established. TMC Section 16.54.065, "Seasonal Limitation Period," is hereby established to read as follows: 16.54.065 Seasonal Limitation Period A. An annual period of limitation on site disturbance is established from October 1 through April 30. B. During the seasonal limitation period, grading shall only be permitted if demonstrated to the satisfaction of the Director that runoff leaving the construction site will comply with the erosion and sediment control measures, performance criteria and implementation requirements in the Surface Water Design Manual and after a review of the following: W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 7 of 9 GV:bjs 287 1. Site conditions, including, but not limited to, vegetative coverage, slope, soil type, and proximity to receiving waters; 2. Proposed limitations on activities and the extent of disturbed areas; and 3. Proposed erosion and sedimentation control measures. C. Based on the information provided under TMC Section 16.54.065.13, the Director may expand or restrict the seasonal limitation on site disturbance. The Director shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period. D. During the seasonal limitation period, grading will be allowed only if there is installation and maintenance of an erosion and sedimentation control plan approved by the Director that defines any limits on clearing and grading and specific erosion and sediment control measures required during the seasonal limitation period. The department may require or approve alternate best management practices. E. If, during the course of construction activity or soil disturbance during the seasonal limitation period, silt-laden runoff violating standards in the Surface Water Design Manual leaves the construction site or if clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained, a Violation Notice and Order shall be issued in accordance with TMC Section 8.45.050. F. If the erosion and sediment control problem defined in the Violation Notice and Order is not adequately repaired within 24 hours of issuance, then a Stop Work Order may be issued in accordance with TMC Section 8.45.070 until such time as adequate erosion and sediment control measures to stop silt-laden runoff from leaving the site are installed. The Stop Work Order may also require the property owner or authorized agent to discontinue any further clearing or grading, except for erosion and sediment control maintenance and repair, until the following May 1. G. The following activities are exempt from the seasonal limitations of this section: 1. Routine maintenance and necessary repair of erosion and sediment control facilities. 2. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in removal of the vegetative cover to the soil. 3. Activities where there is 100% infiltration of surface water runoff within the site in approved and installed erosion and sedimentation control facilities. 4. Typical landscaping activities of existing single-family residences that do not require a permit. 5. Class 1, 11111 and IV special forest practices in accordance with Chapter 76.09 RCW- 6. Response to emergencies that threaten the public health, safety or welfare. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 Page 8 of 9 GV:bjs N7.*E.* Section 7. TIVIC Section 16.54.080 Amended. Ordinance No 2062 §1 (part), as codified at TIVIC Section 16.54.080, "Financial Guarantees," is hereby amended to read as follows: A. The Director may require a maintenance bond for erosion prevention and sediment control in the amount of 10% of the total project cost on projects which clear more than 6,000 square feet or contain or abut sensitive areas such as, but not limited to, Class 2 or steeper slopes, wetlands, or critical drainage. B. If the Director determines the nature of any work creates a hazard to human life or endangers public or private property or sensitive areas, the Director may require the applicant to file a Certificate of Insurance. The Director, based on the nature of the risks involved, shall determine the amount of insurance. Section 8. 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 9. 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 10. 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 on December 31, 2016 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 32016. ATTEST/AUTH ENTI CATE D: Christy O'Flaherty, MMC, City Clerk ITOMM Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 9 of 9 ME 290 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING CODE," TO IMPLEMENT LOW IMPACT DEVELOPMENT REQUIREMENTS IN THE DESIGN AND REVIEW OF SURFACE WATER DRAINAGE ON DEVELOPMENT PROJECTS; REPEALING ORDINANCE NOS. 2495, 2371, 2251 §1 (PART) AND 2056 TO ELIMINATE TMC CHAPTER 8.25, "VEHICLE STORAGE AND PARKING ON SINGLE - FAMILY RESIDENTIAL PROPERTY"; REPEALING ORDINANCE NOS. 2075 §1 (PART) AND 1758 §1 (PART), TO ELIMINATE TMC SECTION 18.06.515, "LOT COVERAGE" (DEFINITION); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit "); and WHEREAS, the Permit extends coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and W: Word Processing \Ordinances \Low Impact Development rqmts -Title 18 11 -29 -16 Page 1 of 18 MB:bjs 291 WHEREAS, Section S5.C.4 of the Permit requires the City to implement and enforce a program to reduce pollutants in stormwater runoff by regulating new development, redevelopment and construction sites; and WHEREAS, a requirement of Section S5.C.4 of the Permit mandates the City reduce pollutants in stormwater by implementing Low Impact Development (LID) requirements through new and revised development codes by December 31, 2016; and WHEREAS, the City Council deems it necessary to update the code provisions in Title 8, "Public Peace, Morals and Safety," and Title 18, "Zoning," to remain in compliance with the Permit; and WHEREAS, on October 27, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2495, 2371, 2251 §1 (part), and 2056, as codified at Tukwila Municipal Code (TMC) Chapter 8.25, are hereby repealed, thereby eliminating TMC Chapter 8.25, "Vehicle Storage and Parking on Single-Family Residential Property," in its entirety. Section 2. Repealer. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as codified at TMC Section 18.06.515, "Lot Coverage" (definition), are hereby repealed, thereby eliminating TMC Section 18.06.515. Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as codified at TMC Section 18.06.215, "Development Area," are hereby amended to read as follows: 18.06.215 Development Area "Development area" means the impervious surface area plus 75% of any area of pervious hard surface. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 MB:bjs Page 2 of 18 292 Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §21, as codified at TMC Section 18.06.586, "Native Vegetation," is hereby amended to read as follows: 18.06.586 Native Vegetation "Native vegetation" means plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and that reasonably could be expected to have occurred naturally on the site. Section 5. New Definition Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," to read as follows: Durable Uniform Surface "Durable uniform surface" means a durable uniform surface approved for the storage of vehicles by the City and consists of: Permeable pavement, such as grasscrete, porous pavers, permeable asphalt; or 2. Three inches of 3/8" to 1-1/4" crushed porous aggregate consisting of open- graded top course, base course, or similar material with 35-40% porosity. Mud or other fine materials should be prevented from working their way to the surface by the installation of a geotextile fabric, quarry spalls, or other approved materials below the porous aggregate; or 3. Concrete (4" minimum Portland cement concrete) over gravel section as described above and sloped to drain to prevent drainage impacts; or 4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described above and sloped to drain to prevent drainage impacts; or 5. Any other configuration of materials approved by the City that maintains a durable uniform surface and prevents drainage impacts. Section 6. New Definition Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," to read as follows: Pervious Hard Surface "Pervious hard surface" means permeable pavement or a green roof. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 MB:bjs Page 3 of 18 293 Section 7. TMC Section 18.10.060 Amended. Ordinance Nos. 1971 §4 and 1758 §1 (part), as codified at TMC Section 18.10.060, "Basic Development Standards," are hereby amended to read as follows: 18.10.060 Basic Development Standards Development within the Low-Density Residential District shall conform to the following listed and referenced standards: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Development Area, maximum (only for single family development) 75% on lots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. 45% on lots greater than or equal to 13,000 sq. ft. Setbacks to yards (minimum • Front 20 feet • Front, decks or porches— 15 feet • Second front 10 feet • Sides 5 feet • Rear 10 feet Heig.ht, maximum 30 feet Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations • Accesso dwelling unit -- — See 18.10.030 • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations W: Word ProcessingNOrdinanceski-ow Impact Development rqmts-Title 18 11-29-16 Page 4 of 18 MB:bjs 294 Section 8. TMC Section 18.20.080 Amended. Ordinance Nos. 1976 §39, 1872 §3, and 1758 §1 (part), as codified at TMC Section 18.20.080, "Basic Development Standards," are hereby amended to read as follows: 18.20.080 Basic Development Standards Development within the Residential Commercial Center District shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi-family), 3,000 sq. ft. minimum Setbacks to yards (min. : • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the 10 feet yard is within 50 feet of LDR, MDR, HDR • Rear 10 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, bioretention facilities, pedestrian amenities and features, outdoor cafe-type seating and similar features, subject to approval. See Landscape, Recreation, Regc/ing/Solid Waste Space— chapter for further requirements • Front 20 feet • Second front 10 feet • Sides, if any portion of the 10 feet yard is within 50 feet of LDR, MDR, HDR — • Rear, if any portion of the 10 feet yard is within 50 feet of LDR, MDR, HDR — Recreation space 200 sq. ft. per dwelling unit 1,000 sq. ft. W: Word ProcessingkOrdinances\Low Impact Development rqmts-Title 18 11-29-16 Page 5 of 18 MB:bjs 295 Off-street parking: • Residential See TIVIC Chapter 18.56, Off-street Parking & Loading Regulations • Accessory dwelling unit See Accessory Use section of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TIVIC Chapter Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TIVIC Chapter 8.22, "Noise", and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 9. TIVIC Section 18.28.240 Amended. Ordinance No. 2443 §25, as codified at TIVIC Section 18.28.240, "General Landscaping," subparagraph B.3., "Soil Preparation and Planting," is hereby amended to read as follows: 18.28.240 General Landscaping 3. Soil Preparation and Planting. a. For trees and plants planted in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell University "CU" product or similar) must be used to a preferred depth of 36 inches, to promote root growth and provide structural support to the paved area. Minimum soil volumes for tree roots shall be 750 square feet per tree (see specifications and sample plans for CU-Structural Soils). Trees and other landscape materials shall be planted per specifications in "CU Structural Soils — A Comprehensive Guide" or using current BMPs subject to administrative review and approval of the technical information report (TIR.) Suspended pavement systems (Silva Cells or similar) may also be used if approved. b. For soil preparation in bioretention areas, existing soils must be protected from compaction. Bioretention soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted in accordance with TIVIC Chapter 14.30, to promote a proper functioning bioretention system. These specifications shall be adhered to regardless of whether a stormwater permit is required from the City. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 Page 6 of 18 MB:bjs 296 c. For all other plantings, soils must be prepared for planting in accordance with specifications to restore soil moisture-holding capacity in accordance with TIVIC Chapter 16.54, Grading, regardless of whether a stormwater permit is required by the City. d. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting to ensure soils are properly prepared. e. Installation of landscape plants must comply with best management practices including: (1) Planting holes that are the same depth as the size of the root ball and 2 times wider than the size of the root ball. (2) Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. At least the top 2/3 of burlap and all straps or wire baskets are to be removed from B&B plants prior to planting. (3) The top of the root flare, where the roots and the trunk begin, should be about one inch from the surrounding soil. The root ball shall not extend above the soil surface. (4) If using mulch around trees and shrubs, maintain at least a 3-inch mulch-free ring around the base of the plant trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. Section 10. TIVIC Section 18.50.085 Amended. Ordinance Nos. 2199 §17,1830 §28, and 1758 §1 (part), as codified at TIVIC Section 18.50.085, "Maximum Percent Development Area Coverage," are hereby amended to read as follows: 18.50.085 Maximum Percent Development Area Coverage A. In the LDR zones the maximum percent development area coverage for a single- family development shall be as follows: 75% on lots less than 13,000 square feet up to a maximum of 5,850 sq. ft.; and 2. 45% on lots greater than or equal to 13,000 square feet. B. In the MDR and HDR zones the maximum percent development area coverage shall be 50%, less the following surfaces: the footprint of an exclusive recreational facility; 2. a proportion of a recreational facility footprint when contained within a general use building as follows: the portion of the footprint area occupied by a recreational facility divided by the number of floors in that portion of the building; 3. vehicle circulation aisles between separate parking areas-, 4. sidewalks; W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 MB:bjs Page 7 of 18 297 5. paths; and 6. other pedestrian/recreation facilities clearly designed to enhance the pedestrian environment. C. Senior citizen housing development in HDR is exempt from development area coverage maximum; however, if the senior citizen housing is converted to regular apartments, the 50% limit must be met. D. The 50% maximum development area coverage for townhouse development may be increased up to a maximum of 75% development area coverage, if the applicant uses low-impact development techniques that are technically feasible and in accordance with the Surface Water Design Manual (TMC Chapter 14.30). Section 11. TMC Section 18.52.030 Amended. Ordinance Nos. 2251 §62 and 1872 §14 (part), as codified at TMC Section 18.52.030, "Perimeter Landscape Types," are hereby amended to read as follows: 18.52.030 Perimeter Landscape Types A. Type I landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation between uses and zoning districts, screen parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a planted berm at least 24 inches high; and c. Living groundcoverto cover 90% of the landscape area within three years. 3. Bioretention may be used as a Type I landscape perimeter, provided the intent of the screen is achieved. To support bioretention facility function and plant survival, flexibility in plant materials and placement shall be allowed, provided public safety is not compromised. B. Type H landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation between uses and zoning districts, screen blank building walls and parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; and W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 MB:bjs Page 8 of 18 W. F Me b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts; c. Living groundcoverto cover 90% of the landscape area within three years. 3. Bioretention may be used as a Type 11 landscape perimeter, provided the intent of the screen is achieved. To support bioretention facility function and plant survival, flexibility in plant materials and placement shall be allowed, provided public safety is not compromised. C. Type M landscape perimeter. 1. Purpose is to provide extensive visual separation between industrial areas and nearby residential areas. 2. Plant materials shall consist of the following: a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and b. Shrubs to provide a solid planting screen with a height of five to eight feet or a solid wooden fence or masonry wall to be approved by the Community Development Director; and c. Living groundcoverto cover 90% of the landscape area within three years. D. Plant material requirements. 1. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA), and shall be healthy, vigorous and well- formed, with well-developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (hardened-off). walls. 2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank 3. Deciduous trees shall be used to allow visual access to entryways, signage and pedestrian use areas. 4. Evergreen shrubs shall be used to screen parking lots along street frontages. 5. In perimeters located adjacent to residential zones 75% of trees and shrubs shall be evergreen. 6. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 7. Deciduous trees shall have at least a 2-inch caliper at time of planting, determined according to the American Standard for Nursery Stock. 8. Shrubs shall be at least 18 inches in height at time of planting. 9. No plants listed on the current King County Noxious Weed list may be used. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 Page 9 of 18 MB:bjs 299 10. Existing vegetation may be used to meet the requirements of this chapter. All significant trees located within any required perimeter landscaping area which are not dead, dying, or diseased and which do not pose a safety hazard as determined by the Community Development Director shall be retained. 11. The classification of plant material as trees, shrubs and evergreens shall be as listed in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada. 12. Plant material requirements for bioretention facilities shall be in accordance with the City's bioretention plant list or as administratively approved by the Director. Section 12. TIVIC Section 18.52.035 Amended. Ordinance Nos. 2442 §2, 2251 §63, 2235 §14 and 1872 §14 (part), as codified at TIVIC Section 18.52.035, "Interior Parking Lot Landscaping Requirements," are hereby amended to read as follows: 18.52.035 Interior Parking Lot Landscaping Requirements Landscaping within parking areas shall be provided as shown below. 1. Requirements for each distinctly separate parking area within the LDR zone for uses other than dwelling units, and in the MDR and HDR zones: a. For areas with up to 20 parking stalls per parking area, no interior landscaping is required. b. For areas with 21 - 40 parking stalls per parking area, 7 square feet of interior landscape area is required for each parking stall. c. For areas with more than 40 parking stalls per parking area, 12 square feet of interior landscape area is required for each parking stall (see Multi-Family Design Guidelines, Site Planning Section, No. 31, for the normal 15 square feet to be provided). d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet wide with an average width of 5 feet. 2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones: a. For lots with up to 20 parking stalls, no interior landscaping is required. b. For lots with 21 - 40 parking stalls, a minimum of 10 square feet of interior landscape area is required for each parking stall over 20. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 Page 10 of 18 MB:bjs 300 c. For lots with more than 40 parking stalls, a minimum of 200 square feet of interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas placed behind buildings or otherwise screened from streets, parks and City trails the interior landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each parking stall over 40. 3. Requirements for parking lots within the RC, RCM, C/U, TSO and TVS zones: a. For areas adjacent to public or private streets, a minimum of 15 square feet of landscaping is required for each parking stall. b. For areas placed behind buildings or otherwise screened from streets, parks and City trails a minimum of 10 square feet of interior landscape area is required for each parking stall. 4. Planting Standards: a. Interior landscape islands shall be distributed to break up expanses of paving. Landscaped areas shall be placed at the ends of each interior row in the parking area, with no stall more than 10 stalls or 100 feet from a landscape area. Landscaped areas and planting islands may contain bioretention systems. b. The minimum size for interior parking lot planting islands is 100 square feet. c. Planting islands shall be a minimum of 6 feet in any direction and generally the length of the adjacent parking space. d. Raised curbs or curb stops shall be used around the landscape islands to prevent plant material from being struck by automobiles. Where bioretention is used, curb cuts shall be placed to allow stormwater runoff from adjacent pavements to enter the bioretention system. e. A minimum of 1 evergreen or deciduous tree is required per landscape island, with the remaining area to contain a combination of shrubs, living groundcover and mulch. Section 13. TIVIC Section 18.56.040 Amended. Ordinance Nos. 2500 §24,2368 §54, 2251 §66, 1795 §3 (part), and 1758 §1 (part), as codified at TIVIC Section 18.56.040, "General Requirements," are hereby amended to read as follows: 18.56.040 General Requirements Any required off-street parking and loading facilities shall be developed in accordance with the following standards: 1. LOCATION. Any on-premises parking area that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing Examiner approval for the entire parking lot. W: Word Processing\Ordinances\Low impact Development rqmts-Title 18 11-29-16 Page 11 of 18 MB:bjs 301 2. PARKING DIMENSIONS. Minimum parking area dimensions for surface and structured parking facilities shall be as provided in Figure 18-6. Standard and compact parking stalls shall be allowed a two-foot landscaping overhang to count towards the stall length. 3. TANDEM PARKING SPACES. In the MDR and HDR zones, tandem spaces (where one car is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem parking spaces will be designed for full size rather than compact size vehicles based on the dimensions in Figure 18-6. 4. PARKING AREA AND PARKING AREA ENTRANCE AND EXIT SLOPES. The slope of off-street parking spaces shall not exceed 5%. The slope of entrance and exit driveways providing access for off-street parking areas and internal driveway aisles without parking stalls shall not exceed 15%. 5. DRIVEWAYS AND MANEUVERABILITY a. Adequate ingress to and egress from each parking space shall be provided without moving another vehicle and without backing more than 50 feet. b. Turning and maneuvering space shall be located entirely on private property unless specifically approved by the Public Works Director. c. All parking spaces shall be internally accessible to one another without reentering adjoining public streets. This standard does not apply to single family, duplex, triplex, fourplex or townhouse uses. d. When off-street parking is provided in the rear of a building and a driveway or lane alongside the building provides access to rear parking area, such driveway shall require a minimum width of twelve feet and a sidewalk of at least a three-foot section, adjoining the building, curbed or raised six inches above the driveway surface. This standard does not apply to single family, duplex, triplex, fourplex or townhouse uses. e. Ingress and egress to any off-street parking lot shall not be located closer than 20 feet from point of tangent to an intersection. f. The Public Works Director or the Community Development Director may require ingress separate from an egress for smoother and safer flow of traffic. 6. The Director may require areas not designed or approved for parking to be appropriately marked and/or signed to prevent parking. 7. SURFACE. a. The surface of any required off-street parking or loading facility shall be paved with permeable pavement, which is the preferred material, or asphalt, concrete or other similar approved material(s) that maintains a durable uniform surface and shall be graded and drained as to dispose of all surface water, but not across sidewalks. b. Any parking stalls provided in excess of the required minimum shall use permeable pavement where technically feasible in accordance with the Surface Water Design Manual, adopted in accordance with TMC Chapter 14.30. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 Page 12 of 18 MB:bjs 302 c. All traffic-control devices, such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs and other developments shall be installed and completed as shown on the approved plans. d. Paved parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. e. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed or raised six inches above the lot surface. f. Wheel stops shall be required on the periphery of parking lots so cars will not protrude into the public right-of-way, walkways, off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head-in parking. 8. PARALLEL PARKING STALLS. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right-of-way. 9. OBSTRUCTIONS. No obstruction that would restrict car door opening shall be permitted within five feet of the centerline of a parking space. 10. LIGHTING. Any lighting on a parking lot shall illuminate only the parking lot, designed to avoid undue glare or reflection on adjoining premises. 11. CURB-CUTS. All parking areas shall have specific entrance and/or exit areas to the street. The width of access roads and curb-cuts shall be determined by the Public Works Director. The edge of the curb-cut or access road shall be as required by the Public Works Director for safe movement of vehicles or pedestrians. Curb-cuts in single-family districts shall be limited to a maximum of 20 feet in width and the location shall be approved by the Public Works Director. 12. PARKING STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. Section 14. TIVIC Section 18.56.065 Amended. Ordinance Nos. 2368 §57, 2199 §19, and 1976 §62, as codified at TIVIC Section 18.56.065, "Residential Parking Requirements," are hereby amended to read as follows: 18.56.065 Residential Parking and Storage Requirements A. Parking and vehicle storage limitations on properties devoted to single-family residential use shall be as follows: 1. Motor vehicles on property devoted to single-family residential use shall be parked on an approved durable uniform surface that is designed to retain surface water on-site and without causing impacts. If necessary, surface water may drain to street if no other design is feasible. Motor vehicles, other than those specified in TIVIC Section 18.56.065.A.2, shall not be parked in setbacks except in front or secondary front-yard setbacks from streets, when in a driveway that provides access to an approved parking location, and is in conformance with TIVIC Title 18, as that title currently exists or as it may be subsequently amended. Parking in the rear setback for a single-family home is permitted where the parking is connected to a rear alley. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 Page 13 of 18 MB:bjs 303 2. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved durable uniform surface and shall not be parked, kept or stored in required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by emergency responders to all sides of a structure. 3. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be approved durable uniform surface. An approved durable uniform surface exceeding this requirement prior to August 25, 2004 may be maintained, but shall not be expanded. The Director of Community Development may approve exceptions to this requirement for an access driveway, particularly on pie-shaped or other odd shaped lots where it is infeasible to meet this requirement. 4. Single-family properties on pre-existing, legal lots of record containing less than 6,500 square feet are exempt from the percentages noted in TIVIC Section 18.56.065.A.3. 5. No more than six motor vehicles shall be parked on a single-family residential property of 13,000 square feet or less outside of a carport or enclosed garage for a period of more than 48 hours. For purposes of this section, "single-family residential property" means any parcel containing a single-family residence or multiple parcels combined containing one single-family residence, typically identified by a single address located in the LDR zone. The parking limitations in this subsection shall apply to all motor vehicles as defined by state law with the exception of motorcycles and mopeds. B. Each unit in a townhouse development shall have an attached garage with parking for at least one vehicle or a parking space in an underground garage. C. Waiver from the requirement for number of required stalls. The Director shall have the discretion to waive the requirement to construct a portion of the off-street parking requirement if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall ensure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan, which demonstrates that in the event of a change of use that eliminates the reason for the waiver, there is ample room on the site to provide the number of off-street parking spaces required by this Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off- street parking spaces required to meet the standards of this Code. W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 MB:bjs Page 14 of 18 304 Section 15. TMC Section 18.70.050 Amended. Ordinance Nos. 2175 §1, 2077 §1, and 1819 §1 (part), as codified at TMC Section 18.70.050, "Nonconforming Structures," are hereby amended to read as follows: 18.70.050 Nonconforming Structures Where a lawful structure exists at the effective date of adoption of this title that could not be built under the terms of this title by reason of restrictions on area, development area, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions: 1. No such structure may be enlarged or altered in such a way that increases its degree of nonconformity. Ordinary maintenance of a nonconforming structure is permitted, pursuant to TMC Section 18.70.060, including but not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment repair/replacement and weatherization. These and other alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this section. 2. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, in the judgment of the City's Building Official, it shall not be reconstructed except in conformity with provisions of this title, except that in the LDR zone, structures that are nonconforming in regard to yard setbacks or sensitive area buffers, but were in conformance at the time of construction may be reconstructed to their original dimensions and location on the lot. 3. Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. 4. When a nonconforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zone in which it is located. Upon request of the owner, the City Council may grant an extension of time beyond the 24 consecutive months. 5. Residential structures and uses located in any single-family or multiple- family residential zoning district and in existence at the time of adoption of this title shall not be deemed nonconforming in terms of bulk, use, or density provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions and bulk, but may not be changed except as provided in the non-conforming uses section of this chapter. 6. Single-family structures in single- or multiple-family residential zone districts that have legally nonconforming building setbacks, shall be allowed to expand the ground floor only along the existing building line(s), so long as the existing distance from the nearest point of the structure to the property line is not reduced, and the square footage of new intrusion into the setback does not exceed 50% of the square footage of the current intrusion. W: Word Processing\0rdinancesTow Impact Development rqmts-Title 18 11-29-16 Page 15 of 18 MB:bjs 305 7. In wetlands, watercourses and their buffers, existing structures that do not meet the requirements of the Sensitive Areas Overlay District chapter of this title may be remodeled, reconstructed or replaced, provided that: a. The new construction does not further intrude into or adversely impact an undeveloped sensitive area or the required buffer; welfare; and b. The new construction does not threaten the public health, safety or c. The structure otherwise meets the requirements of this chapter. 8. In areas of potential geologic instability, coal mine hazard areas, and buffers, as defined in the Sensitive Areas Overlay District chapter of this title, existing structures may be remodeled, reconstructed or replaced, provided that: a. The new construction is subject to the geotechnical report requirements and standards of TIVIC Sections 18.45.120B and 18.45.120C; b. The new construction does not threaten the public health, safety or welfare; c. The new construction does not increase the potential for soil erosion or result in unacceptable risk or damage to existing or potential development or to neighboring properties; and d. The structure otherwise meets the requirements of this chapter. 9. A nonconforming use, within a nonconforming structure, shall not be allowed to expand into any other portion of the nonconforming structure. Section 16. TMC Figure 18-6, "Off-Street Parking Area Dimensions," Amended. Ordinance No. 1758 §1 (part), codified as Figure 18-6 in Title 18, is hereby amended to be shown as follows: W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 Page 16 of 18 MB:bjs 306 Off- Street Parking Area Dimensions TMC 18.56.040 A B C D B F Parldng Angle Stan Width Staff Depth Aisle Width Curb Length Unit Width 1 -wa traffic 2-way traffic 1- traffic 2 -wa traffic 00 8* 8* 12 20 20* 28* 36* Width (F) 30° 8* 8.5 9 15* 17 17.5 11 11 11 20 20 20 16* 17 18 41* 45 46 54* 54 55 s 450 8* 8.5 9 17* 19.5 20 12.5 12.5 12 20 20 20 11.5* 12 12.7 -4-3A 46.5* 51.5 52 54* 59 60 2V VIL 60° 8* 8.5 9 18* 21 21 17.5* 17.5 17 20 20 20 9.2* 9.8 10.4 53.5 59.5 59 56* 62 62 900 8* 8.5 9 16* 19 19 24 24 23 25 25 24 8* 8.5 9 56* 62 61 57* 63 62 *These figures are for use with compact cars only. Any bays that contain combined compact and normal spaces shall be designed for normal spaces. Curt) t Length (E) stall width or depth (B or C) Aisle or Street W: Word Processing \Ordinances \Low Impact Development rqmts -Title 18 11 -29 -16 MB:bjs Parallel Parking Figure 18 -6 Off Street Parking Area Dimensions Page 17 of 18 307 Stall Packing �i Angled Parking Algle (A) , Aisle (D) unit Width (F) ma 4 Depth PeW lour to We tC) s W: Word Processing \Ordinances \Low Impact Development rqmts -Title 18 11 -29 -16 MB:bjs Parallel Parking Figure 18 -6 Off Street Parking Area Dimensions Page 17 of 18 307 Section 17. 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 18. 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 19. 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 on December 31, 2016 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 72016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Low Impact Development rqmts-Title 18 11-29-16 MB:bjs ON Page 18 of 18 COUNCIL AGENDA SYNOPSIS nilials Meeting Date Pre Pared by May 's review (4u&il review 11/28/16 NG ❑ Resolution Mtg Dale Z Ordinance Aftg Date 1219116 12/05/16 NG F-1Other Altg Dale SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD ❑ Einance ❑ .lire ❑ TS [:] P&R ❑ Police ❑ PWI SPONSOR'S The residential rental licensing program is being updated to include a requirement for SUMMARY proactive pest control and fees for late renewals, late inspections and rental occupation prior to license approval. The Council is being asked to consider and approve the ordinance. Ri;\7jE'WF.D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSoR /ADMIN• Department of Community Development CONINIFI-IT"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPF?NDJTURI :REQtJJRI?I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 11119:4 OTA I 10 1;[*] WTATIN I W I ITEM NO. 5. F. Draft Ordinance (revised atter iim um.w.) 309 STAFF SPONSOR: NoRA GIERLOFF 11/28/16 A(,',iM)A ITEM TITLJ?" Rental Housing License Code Update Cxnx,ojzY Z Discussion Mt ,g Date 11128116 ❑ Motion YVItg Dale ❑ Resolution Mtg Dale Z Ordinance Aftg Date 1219116 ❑ Bid.Award ,g Date Mi F-1 Public fTearing Mtg Date F-1Other Altg Dale SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD ❑ Einance ❑ .lire ❑ TS [:] P&R ❑ Police ❑ PWI SPONSOR'S The residential rental licensing program is being updated to include a requirement for SUMMARY proactive pest control and fees for late renewals, late inspections and rental occupation prior to license approval. The Council is being asked to consider and approve the ordinance. Ri;\7jE'WF.D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSoR /ADMIN• Department of Community Development CONINIFI-IT"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPF?NDJTURI :REQtJJRI?I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 Forward to next Regular Meeting 12/5/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/7/16 (Updated after CAP) A. Draft Ordinance Amending TMC 5.06 B. Email to Owners/Managers of 20 Plus Unit Properties C. Comments from Rental Property Owners/Managers D. Comment Letter from Washington Multi-Family Housing Association Minutes from the Community Affairs and Parks Committee of 11/14/16 12/5/16 Information Memorandum dated 11/29/16 (Updated after 11/28 C.O.W.) Draft Ordinance (revised atter iim um.w.) 309 310 City of Tukwila Allan Ekberg, Mayor I Ilk • ' • • ' TO: City Council FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: November 29, 203.6 SUBJECT: Rental Housing Pest Control Thresholds ISSUE Should proactive pest control plans be required for all multi - family buildings or only large complexes? BACKGROUND In response to complaints about pest problems in some Tukwila apartments the City Council has considered a requirement for proactive pest management. Staff has reached out to property owners and managers of complexes with 5 or more units to survey their practices and ask for their feedback. Based on a discussion with the Community Affairs and Parks Committee staff will include information about pest and rodent control with the 2017 license renewals. Next year we will reach out citywide with information about tenant rights and how to control pests. The ordinance in this packet has been reworded to clarify the requirement for inspection prior to leasing when a unit changes from owner occupation to a rental. DISCUSSION Originally the proactive management requirement was targeted to properties with 20 or more units. The goal was to cover most of the tenant population while not overburdening staff resources or small landlords. The breakdown of rental complex size in Tukwila is: Units per Complex Number of Sites Total Units Percent 1 48S 485 13% 2 -4 89 282 8% 5 -1g 18 196 5% 20-99 3S 1734 47% 100 -210 7 966 26% Options 1. Maintain the 20 unit threshold for pest control documentation in the draft Ordinance Section 2 TMC S.o6.04o A 3 2. Expand the requirement to all multi - family buildings of z or more units in 2017 3. Wait until 2018 to expand the requirement to all multi - family buildings of 2 to 19 units to allow more time for outreach to these property owners. They have not had a chance to comment on the proposal. FINANCIAL IMPACT 311 INFORMATIONAL MEMO Page 2 While there would be no direct costs, adding additional requirements to the annual licensing process will increase the amount of staff time needed to process the licenses taking time way from other priorities. RECOMMENDATION The Council is being asked to decide on the unit threshold for the pest management documentation requirement and approve the modified ordinance at the December 5, 2o16 Regular Meeting to meet the 2017 rental license renewal timeline. 312 11citystoreOty CornrnWCouncil Agenda Items0CMental License Update PESMNumber of Units InfoMemo.docx DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2459 §11, §2, AND §8, AND ORDINANCE NO. 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 5.06.020, 5.06.040, 5.06.050 AND 5.06.140, TO UPDATE TUKWILA'S RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code (TMC) Chapter 5.06; and WHEREAS, the program has significantly improved the condition of the City's rental housing stock over the past six years; and WHEREAS, preventative pest control will help preserve housing conditions; and WHEREAS, the City has adopted an updated fee resolution for the 2017 and 2018 license years; and WHEREAS, this resolution includes new fees that should be referenced in TMC Chapter 5.06, "Residential Rental Business License and Inspection Program"; and WHEREAS, timely licensing renewals and inspections help the City provide efficient services; and WHEREAS, the ordinance amendments are procedural in nature, and are therefore categorically exempt from the State Environmental Policy Act (SEPA) review pursuant to WAC 197-11-800(19); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.06.020 Amended. Ordinance Nos. 2459 §1 and 2281 §1 (part) as codified at Tukwila Municipal Code (TMC) Section 5.06.020, subparagraph 1., are hereby amended to read as follows: 1. "Accessory dwelling unit" or "ADU" means a unit that meets the requirements of Table 18-6, Note 17, of TMC Title 18. W: Word Processing\Ordinances\ResidentiaI Rental License /Inspection Program update strike-thru 11-30-16 NG:bjs Page 1 of 3 313 Section 2. TIVIC Section 5.06.040 Amended. Ordinance No. 2281 §1 (part), as codified at TMC Section 5.06.040, is hereby amended to read as follows: 5.06.040 Residential Rental Business License Requirement A. Every rental unit owner shall obtain an annual residential rental business license, pursuant to Title 5 of the Tukwila Municipal Code, prior to operating, leasing or causing to be leased a rental unit. Rental unit owners must file a written application annually with the Department for each rental location to be leased. To be considered for approval, residential rental business license applications must be complete and include: 1. Completed and signed Residential Rental Business License Application provided by the City. 2. Appropriate application fee as set forth in the fee schedule adopted by resolution of the City Council. Late fees will be due for applications filed March 1st or later. 3. For multi-family buildings with 20 or more units, documentation of an ongoing integrated pest management (IPM) program. This could be piqKjgj4_j2y a property manager trained in IPM or a contract with a pest control company. B. Failure to obtain a residential rental business license will result in the inability to rent the unit. Section 3. TIVIC Section 5.06.050 Amended. Ordinance Nos. 2459 §2 and 2281 §1 (part), as codified at TIVIC Section 5.06.050, are hereby amended to read as follows: 5.06.050 Inspection Required The pLgperty_owner must -is res onsible for obtainiDg an inspection of each rental unit and submitting the Inspection Checklist to the code official befer��a#y eGGupied-by-a-tena4t,—and-4��no later than September 30 of the year the Certificate of Compliance expires. When a unit changes from owner occupancy to a rental, the inspection must occur before the unit is occupied by the tenant. An inspection is not required the year a Certificate of Occupancy is issued fora �ewly - constructed building, and thereafter the building will be inspected according to the quadrant in which it is located. Owners of complexes with 5 or more units are required to utilize a non-City inspector who meets the qualifications defined herein and who is preapproved by the City. Owners of rental properties with fewer than 5 units may utilize a City inspector or a non-City inspector, as defined herein. The City shall provide the Inspection Checklist to the owner with the application form. The code official shall issue a Certificate of Compliance for rental units that comply with applicable laws based on a submitted Inspection Checklist. If using a non-City inspector, the owner shall be responsible for making the inspection arrangements with the non-City inspector. Section 4. TIVIC Section 5.06.140 Amended. Ordinance Nos. 2459 §8 and 2281 §1 (part), as codified at TIVIC Section 5.06.140, are hereby amended to read as follows: W: Word Processing\Ordinances\ResidentiaI Rental License /Inspection Program update strike-thru 11-30-16 NG:bjs Page 2 of 3 314 5.06.140 Certificate of Compliance Validity and Renewal Certificates of Compliance expire on December 31, four years from the date of issuance by the City. Failure to renew the Certificate of Compliance every four years shall result in the non-issuance or revocation of the rental business license for that unit. Rental properties that are registered and continue to meet all the requirements of the City's Crime-Free Rental Housing Program, or other City-administered program to certify rental properties as working proactively at crime prevention, may extend their required rental inspection schedule to once every 8 years. If participation in such program is terminated due to failure to meet program requirements or for any other reason, the rental inspection shall be due at the end of the calendar year of the year of termination or 4 years from the last inspection, whichever is later. Furthermore, if a property registered in the Crime-Free Rental Housing Program, or any other City- administered program to certify rental properties as working proactively at crime prevention, is the subject of 3 or more code violation complaints verified by the City in any 6-month period for violations affecting the habitability of a residential unit, the property will revert to a 4- year inspection cycle. Section 5. 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 6. 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 7. 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 7 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W: Word Processing\Ordinances\ResidentiaI Rental License/Inspection Program update strike-thru 11 -30 -16 Page 3 of 3 NG:bjs 315 316 COUNCIL AGENDA SYNOPSIS ---------------------------------- Initiab Meeliq Dale Pte ared by Mpfors review Council review 11/28/16 NG [:] Resolution Mtg Date Z Ordinance Mt ,g Date 1215116 12/05/16 NG [:1 Other M1 ,g Date SPONSOR ❑ Council ❑ Mayor ❑ I-JR Z DCD E]Finance ❑ -Fire ❑ TS E]P& R ❑ Police ❑ PIV SPONSOR'S Reductions in City permit and impact fees could be used as an incentive to promote the SUMMARY construction of affordable housing. Recent State legislation requires that jurisdictions allow for deferral of impact fees for single family houses. The Council is being asked to consider and approve these ordinances. RI \,irwr'li) iw ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CI-LAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm'T"Tll Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exl)l�-NDI'FUIUERi.,,QLJIIZI:"Il) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 ITEM NO. 5.G. ISTAFFSPONSoR: NORA GIERLOFF ORIG ANAL A(-; F'Nix\ DATL,": 11/28/16_ A(,',i,'NI)A 1'rrm Trri,h, Affordable Housing Fee Reductions CATEGORY Z Discussion Mtg Date 11128116 [:] motion Mtg Date [:] Resolution Mtg Date Z Ordinance Mt ,g Date 1215116 ❑ BidAward MIS Dale ❑.Public.Hearing All ,g Date [:1 Other M1 ,g Date SPONSOR ❑ Council ❑ Mayor ❑ I-JR Z DCD E]Finance ❑ -Fire ❑ TS E]P& R ❑ Police ❑ PIV SPONSOR'S Reductions in City permit and impact fees could be used as an incentive to promote the SUMMARY construction of affordable housing. Recent State legislation requires that jurisdictions allow for deferral of impact fees for single family houses. The Council is being asked to consider and approve these ordinances. RI \,irwr'li) iw ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CI-LAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm'T"Tll Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exl)l�-NDI'FUIUERi.,,QLJIIZI:"Il) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 Forward to next Regular Meeting 12/5/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/3/16 A. Existing Impact Fee Regulations B. Draft Development Fee Reduction Ordinance C. Draft Impact Fee Reduction and Deferral Ordinance Minutes from the Community Affairs and Parks Committee meeting of 11/14/16 12/5/16 Ordinances 317 318 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO REDUCE DEVELOPMENT AND LAND USE FEES FOR CERTAIN AFFORDABLE HOUSING PROJECTS, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 16.04, 16.54, AND 18.88; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, while updating its Comprehensive Plan the City determined that Tukwila has a shortage of housing affordable to larger families and those households earning less than the King County median income; and WHEREAS, the housing shortage is especially acute for those households earning less than 30% of the King County median income; and WHEREAS, the City wishes to incentivize the development of affordable housing by reducing City development and land use fees for selected projects; and WHEREAS, the ordinance amendments are procedural in nature, and are therefore categorically exempt from the State Environmental Policy Act (SEPA) review pursuant to WAC 197-11-800(19); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Fee reductions for affordable housing 10-18-16 NG:bjs Page 1 of 5 �Gw, Section 1. Regulations Established. Tukwila Municipal Code (TMC) Section 16.04.260, "Affordable Housing Fee Reductions," is hereby established to read as follows: 16.04.260 Affordable Housing Fee Reductions Development permit fees for the construction or substantial improvement of dwelling units may be reduced by the DCD Director. Development permits include building, mechanical, electrical and plumbing permits. "Substantial improvement" is a repair, reconstruction or rehabilitation of a building or structure the cost of which exceeds 50 percent of the building or structure's assessed value. The property owner must request the reduction in writing prior to permit submittal and when all of the following conditions are met: 1. Fee reduction table. Unit Size Affordability Target Fee Reduction 2 or more bedrooms 80%2 40% 2 or more bedrooms 60%2 60% Any size 50%2 80% 1 - Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 2. If the project contains a mix of dwelling units that qualify for fee reduction per the table in subparagraph 1 above and units that do not qualify due to unit size or expense, the fee reduction shall be pro-rated to reflect the proportion of low-income units in the project. 3. If converted to market rate housing within 10 years of the issuance of the Certificate of Occupancy, the full applicable permit fees at the time of conversion shall be paid to the City. 4. If the project contains commercial tenant space that occupies more than 15% of the building, along with dwelling units that qualify for fee reduction per the table in subparagraph 1 above, the fee reduction shall be pro-rated to reflect the proportion of the total building square footage occupied by the low-income units. Commercial spaces that occupy less than 15% of the building are considered accessory and will not affect the fee reduction. W: Word Processing\Ordinances\Fee reductions for affordable housing 10-18-16 Page 2 of 5 NG:bjs 320 Section 2. Regulations Established. TIVIC Section 16.54.110, "Affordable Housing Fee Reductions," is hereby established to read as follows: 16.54.110 Affordable Housing Fee Reductions Type C permit fees for the construction of dwelling units may be reduced by the Public Works Director when requested in writing by the property owner prior to permit submittal and when all of the following conditions are met: Fee reduction table. Unit Size Affordability Target Fee Reduction 2 or more bedrooms 80%2 40% 2 or more bedrooms 60%2 60% Any size 500/0 280%�� 1 Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 2. If the project contains a mix of dwelling units that qualify for fee reduction per the table in subparagraph 1 above and units that do not qualify due to unit size or expense, the fee reduction shall be pro-rated to reflect the proportion of low-income units in the project. 3. If converted to market rate housing within 10 years of the issuance of the Certificate of Occupancy, the full applicable permit fees at the time of conversion shall be paid to the City. 4. If the project contains commercial tenant space that occupies more than 15% of the building, along with dwelling units that qualify for fee reduction per the table in subparagraph 1 above, the fee reduction shall be pro-rated to reflect the proportion of the total building square footage occupied by the low-income units. Commercial spaces that occupy less than 15% of the building are considered accessory and will not affect the fee reduction. W: Word Processing\Ordinances\Fee reductions for affordable housing 10-18-16 Page 3 of 5 NG:bis 321 Section 3. Regulations Established. TIVIC Section 18.88.020, "Affordable Housing Fee Reductions," is hereby established to read as follows: 18.88.020 Affordable Housing Fee Reductions Design review, reasonable use exception, platting, planned residential development, SEPA, conditional use and shoreline permit fees for the entitlement of dwelling units may be reduced by the DCD Director when requested in writing by the property owner prior to permit submittal and when all of the following conditions are met: Fee reduction table. Unit Size Affordability Target Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50%2 0-0—/0 1 Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 2. If the project contains a mix of dwelling units that qualify for fee reduction per the table in subparagraph I above and units that do not qualify due to unit size or expense, the fee reduction shall be pro-rated to reflect the proportion of low-income units in the project. 3. If converted to market rate housing within 10 years of the issuance of the Certificate of Occupancy, the full applicable permit fees at the time of conversion shall be paid to the City. 4. If the project contains commercial tenant space that occupies more than 15% of the building, along with dwelling units that qualify for fee reduction per the table in subparagraph 1 above, the fee reduction shall be pro-rated to reflect the proportion of the total building square footage occupied by the low-income units. Commercial spaces that occupy less than 15% of the building are considered accessory and will not affect the fee reduction. Section 4. 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. W: Word Processing\Ordinances\Fee reductions for affordable housing 10-18-16 Page 4 of 5 NG:bjs 322 Section 5. Severabillity. 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 6. 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 $2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Fee reductions for affordable housing 10-18-16 NG:bjs Page 5 of 5 323 324 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS FOR A RESIDENTIAL IMPACT FEE DEFERRAL, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 9.48, 16.26 AND 16.28; AMENDING AND /OR ADDING SECTIONS IN EACH OF THE AFOREMENTIONED CHAPTERS RELATING TO EXEMPTIONS AND DEFINITIONS (AMENDING ORDINANCE NOS. 2366 §1 (PART), 2365 §1 (PART), 2305 §1 AND 2111 §1 (PART) AS DELINEATED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila ( "City ") is authorized by Chapter 82.02 RCW to require new growth and development within the City to pay a proportionate share of the cost of new facilities to serve such new growth and development through the assessment of impact fees; and WHEREAS, pursuant to such authority and the police powers of the City, the City has enacted Chapters 9.48, 16.26 and 16.28 of the Tukwila Municipal Code to establish such impact fees; and WHEREAS, the current impact fee provisions provide flexibility for developers by staggering some payments for various impact fees, which creates an administrative burden on City staff; and WHEREAS, the State recently amended RCW 82.02.050, requiring that all counties, cities, and towns provide a mechanism for which impact fees for single - family detached and single - family attached residential construction may be deferred to either final inspection, issuance of a Certificate of Occupancy or equivalent certification, or the closing of the first sale of the property; and WHEREAS, the City desires to encourage new growth and development in the City, to ease the financial burden on individual home builders, and to promote economic recovery in the construction industry, and finds that adopting an impact fee deferral mechanism provides the needed flexibility on the timing of impact fee payments and is in the public interest; and W: Word Processing \Ordinances\Residential impact fee deferral 11 -29 -16 Page 1 of 14 BG:bjs 325 WHEREAS, City staff has proposed the addition of a new Tukwila Municipal Code section entitled "Exemptions" (Section 9.48.120) for transportation impact fees, while similar sections currently exist in Tukwila Municipal Code Chapters 16.26, "Fire Impact Fees," and 16.28, "Parks Impact Fees"; and WHEREAS, the ordinance amendments are procedural in nature, and are therefore categorically exempt from the State Environmental Policy Act (SEPA) review pursuant to WAC 197-11-800(19); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TIVIC Section 9.48.020 Amended. Ordinance Nos. 2305 §1 and 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, "Definitions," is hereby amended to read as follows: 9.48.020 Definitions The words and terms contained in this chapter shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington. 4. "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. 5. "Development activity" means any construction of a building or structure that creates additional demand and need for transportation facilities. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity, which requires a building permit and creates a demand for additional facilities. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this chapter as a condition of granting development approval, in order to pay for the transportation facilities needed to serve new growth and development that is a proportionate share of the cost of the capital facilities that is used for facilities that reasonably benefit new development. Impact fees are independent of a W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16 Page 2 of 14 BG:bjs 326 permit fee, an application fee, a concurrency test fee, and the administrative fee for collecting and handling impact fees or cost of reviewing independent fee calculations. 9. "Letter encumbered" means to reserve, set aside, or earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of transportation facilities. 10. "Low-income housing" means housing where monthly costs, including utilities other than telephone, do not exceed 30% of the resident's household monthly income and where household monthly income must be 80 percent or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 11. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 12. "Proportionate fair share" means that portion of the cost for transportation facility improvements that are reasonably related to the service demands and needs of new development. Section 2. Regulations Established. TIVIC Section 9.48.125, "Exemptions," is hereby established to read as follows: 9.48.125 Exemptions A. The impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information set forth in the Public Works Fee Schedule adopted by resolution of the City Council and related documents. All development activity located within the City shall be charged a transportation impact fee, provided that the following exemptions shall apply. B. The following shall be exempt from transportation impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools and signs that do not impact the transportation system. 5. Demolition of or moving an existing structure within the City from one site to another. W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16 BG:bjs Page 3 of 14 327 6. Transportation impact fees for the construction of low-income housing may be reduced at the discretion of the Public Works Director when requested by the property owner in writing prior to permit submittal and subject to the following criteria: a. Submittal of a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; b. Fee reduction table. Unit Size Affordability Target Fee Reduction 2 or more bedrooms 80%2 40% 2 or more bedrooms 60%2 60% Any size 50%2 1 Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. c. The developer must record a covenant per RCW 82.02.060 (3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low-income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a transportation impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. Section 3. Regulations Established. TIVIC Section 9.48.130, "Residential Impact Fee Deferral," is hereby established to read as follows: 9.48.130 Residential Impact Fee Deferral A. Purpose. The purpose of this chapter is to comply with the requirements of RCW 82.02.050, as amended by ES135923, Chapter 241, Laws of 2015, to provide an impact fee deferral process for single-family residential construction in order to promote economic recovery in the construction industry. W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16 Page 4 of 14 BG:bjs 328 M. 11�, - ..� 1. The provisions of this chapter shall apply to all impact fees established and adopted by the City pursuant to Chapter 82.02 RCW, including transportation system impact fees assessed under Tukwila Municipal Code Chapter 9.48. 2. Subject to the limitations imposed in the Tukwila Municipal Code, the provisions of this chapter shall apply to all building permit applications for single-family detached and single-family attached residential construction. For the purposes of this chapter, an "applicant" includes an entity that controls the named applicant, is controlled by the named applicant, or is under common control with the named applicant. C. Impact Fee Deferral. 1. Deferral Request Authorized. Applicants for single-family attached or single-family detached residential building permits may request to defer payment of required impact fees until the sooner of: a. final inspection; or b. the closing of the first sale of the property occurring after the issuance of the applicable building permit; which request shall be granted so long as the requirements of this chapter are satisfied. 2. Method of Request A request for impact fee deferral shall be declared at the time of preliminary plat application (for platted development) or building permit application (for non-platted development) in writing on a form or forms provided by the City, along with applicable application fees. 3. Calculation of Impact Fees. The amount of impact fees to be deferred under this chapter shall be determined as of the date the request for deferral is submitted. D. Deferral Term. The term of an impact fee deferral granted under this chapter may not exceed 18 months from the date the building permit is issued ("Deferral Term"). If the condition triggering payment of the deferred impact fees does not occur prior to the expiration of the Deferral Term, then full payment of the impact fees shall be due on the last date of the Deferral Term. E. Deferred Impact Fee Lien. 1. Applicant's Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and record a deferred impact fee lien, in an amount equal to the deferred impact fees, against the property in favor of the City in accordance with the requirements of RCW 82.02.050(3)(c). W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16 Page 5 of 14 BG:bjs 329 2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees for the property, the City shall execute a release of deferred impact fee lien for the property. The property owner at the time of the release is responsible, at his or her own expense, for recording the lien release. F. Limitation on Deferrals. The deferral entitlements allowed under this chapter shall be limited to the first 20 single-family residential construction building permits per applicant, as identified by contractor registration number or other unique identification number, per year. Section 4. TMC Section 16.26.030 Amended. Ordinance No. 2365 §1 (part), as codified at TMC Section 16.26.030, "Definitions," is hereby amended to read as follows: 16.26.030 Definitions Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: 1. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 2. "City" means the City of Tukwila, Washington, County of King. 3. "Development activity" means any construction, reconstruction, or expansion of a building, structure, or use, or any changes in use of a building or structure, or any changes in the use of land, requiring development approval. 4. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 5. "Encumber" means to reserve, set aside, or earmark the fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective services. 6. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional fire capital facilities. 7. "Fire protection facilities" means all publicly owned apparatus and buildings within the City that are used for fire protection and/or emergency response and aid. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16 Page 6 of 14 BG:bjs 330 approval in order to pay for the fire facilities needed to serve growth and development that is a proportionate share of the cost of fire capital facilities used for facilities that reasonably benefit development. Impact fees do not include reasonable permit fees, application fees, administrative fees for collecting and handling fire impact fees, or the cost of reviewing independent fee calculations. 9. "Low-income housing" means housing -where monthly costs, including utilities other than telephone, do not exceed 30% of the resident's household monthly income and where household monthly income must be 80 percent or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 10. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 11. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of development. Section 5. TMC Section 16.26.120 Amended. Ordinance No. 2365 §1 (part), as codified at TIVIC Section 16.26.120, "Exemptions," is hereby amended to read as follows: 16.26.120 Exemptions A. The fire impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information contained in the adopted fire department master plan and related documents, as appended to the City's Comprehensive Plan. All development activity located within the City shall be charged a fire impact fee, provided that the following exemptions shall apply. B. The following shall be exempt from fire impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for fire services. 5. Demolition of or moving an existing structure within the City from one site 'to another. W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16 Page 7 of 14 BG:bjs 331 6. Fire impact fees for the construction of low-income housing may be reduced at the discretion of the Fire Chief when requested by the property owner in writing prior to permit submittal and subject to the following criteria: a. Submittal of a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; b. Fee reduction table. Unit Size Affordability Target Fee Reduction 2 or more bedrooms 80%2 40% 2 or more bedrooms 60%2 60% Any size 50%2 80 % NO 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. c. The developer must record a covenant per RCW 82.02.060 (3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low-income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a fire impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. A fee payer installing a residential fire sprinkler system in a single family home shall not be required to pay the fire operations portion of the impact fee. The exempted fire operations impact fee shall not include the proportionate share related to the delivery of emergency medical services. Section 6. Regulations Established. TIVIC Section 16.26.125, "Residential Impact Fee Deferral," is hereby established to read as follows: 16.26.125 Residential Impact Fee Deferral A. Purpose. The purpose of this chapter is to comply with the requirements of RCW 82.02.050, as amended by ES135923, Chapter 241, Laws of 2015, to provide an W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16 Page 8 of 14 BG:bjs 332 impact fee deferral process for single-family residential construction in order to promote economic recovery in the construction industry. B. Applicability. 1. The provisions of this chapter shall apply to all impact fees established and adopted by the City pursuant to Chapter 82.02 RCW, including impact fees for fire facilities assessed under Tukwila Municipal Code Chapter 16.26. 2. Subject to the limitations imposed in the Tukwila Municipal Code, the provisions of this chapter shall apply to all building permit applications for single-family detached and single-family attached residential construction. For the purposes of this chapter, an "applicant" includes an entity that controls the named applicant, is controlled by the named applicant, or is under common control with the named applicant. C. Impact Fee Deferral. 1. Deferral Request Authorized. Applicants for single-family attached or single-family detached residential building permits may request to defer payment of required impact fees until the sooner of: a. final inspection; or b. the closing of the first sale of the property occurring after the issuance of the applicable building permit; which request shall be granted so long as the requirements of this chapter are satisfied. 2. Method of Request A request for impact fee deferral shall be declared at the time of preliminary plat application (for platted development) or building permit application (for non-platted development) in writing on a form or forms provided by the City, along with applicable application fees. 3. Calculation of Impact Fees. The amount of impact fees to be deferred under this chapter shall be determined as of the date the request for deferral is submitted. D. Deferral Term. The term of an impact fee deferral granted under this chapter may not exceed 18 months from the date the building permit is issued ("Deferral Term"). If the condition triggering payment of the deferred impact fees does not occur prior to the expiration of the Deferral Term, then full payment of the impact fees shall be due on the last date of the Deferral Term. E. Deferred Impact Fee Lien. 1. Applicant's Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and record a deferred impact fee lien, in an amount equal to the W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16 Page 9 of 14 BG:bjs 333 deferred impact fees, against the property in favor of the City in accordance with the requirements of RCW 82.02.050(3)(c). 2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees for the property, the City shall execute a release of deferred impact fee lien for the property. The property owner at the time of the release is responsible, at his or her own expense, for recording the lien release. F. Limitation on Deferrals. The deferral entitlements allowed under this chapter shall be limited to the first 20 single-family residential construction building permits per applicant, as identified by contractor registration number or other unique identification number, per year. Section 7. TMC Section 16.28.030 Amended. Ordinance No. 2366 §1 (part), as codified at TMC Section 16.28.030, "Definitions," is hereby amended to read as follows: 16.28.030 Definitions Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: 1. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 2. "City" means the City of Tukwila, Washington, County of King. 3. "Development activity" means any construction, reconstruction, or expansion of a building, structure, or use, or any changes in use of a building or structure, or any changes in the use of land, requiring development approval. 4. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 5. "Encumber" means to reserve, set aside, or earmark the parks impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of parks services. 6. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional parks capital facilities. 7. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11-29-16 Page 10 of 14 BG:bjs 334 approval in order to pay for the parks facilities needed to serve growth and development that is a proportionate share of the cost of parks capital facilities used for facilities that reasonably benefit development. Impact fees do not include reasonable permit fees, application fees, administrative fees for collecting and handling parks impact fees, or the cost of reviewing independent fee calculations. 8. "Low-income housing" means housing where monthly costs, including utilities other than telephone, do not exceed 30% of the resident's household monthly income and where household monthly income must be 80 percent or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 9. "Owner means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 10. "Parks facilities" means those capital facilities identified as park and recreational facilities in the City's Capital Facilities Plan. 11. "Proportionate share" means that portion of the cost for parks facility improvements that are reasonably related to the service demands and needs of development. Section 8. TMC Section 16.28.120 Amended. Ordinance No. 2366 §1 (part), as codified at TIVIC Section 16.28.120, "Exemptions," is hereby amended to read as follows: 16.28.120 Exemptions A. The parks impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information contained in the adopted parks master plan and related documents, as appended to the City's Comprehensive Plan. All development activity located within the City shall be charged a parks impact fee, provided that the following exemptions shall apply. B. The following shall be exempt from parks impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. W: Word Processing\OrdinanGes\ResidentiaI impact fee deferral 11 -29 -16 BG:bjs Page 11 of 14 335 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for parks services. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Parks impact fees for the construction of low-income housing may be reduced at the discretion of the Parks and Recreation Director when requested by the property owner in writing prior to permit submittal and subject to the following criteria: a. Submittal of a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; b. Fee reduction table. Unit Size Affordability Target 1 Fee Reduction 2 or more bedrooms 80%2 40% 2 or more bedrooms 60%2 60% Any size 50%2 -0/0 80% 1 Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. c. The developer must record a covenant per RCW 82.02.060 (3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low-income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a parks impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. Section 9. Regulations Established. TIVIC Section 16.28-125, "Residential Impact Fee Deferral," is hereby established to read as follows: W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16 Page 12 of 14 BG:bjs 336 16.28.125 Residential Impact Fee Deferral A. Purpose. The purpose of this chapter is to comply with the requirements of RCW 82.02.050, as amended by ESB5923, Chapter 241, Laws of 2015, to provide an impact fee deferral process for single-family residential construction in order to promote economic recovery in the construction industry. B. Applicability. 1. The provisions of this chapter shall apply to all impact fees established and adopted by the City pursuant to Chapter 82.02 RCW, including parks impact fees assessed under Tukwila Municipal Code Chapter 16.28. 2. Subject to the limitations imposed in the Tukwila Municipal Code, the provisions of this chapter shall apply to all building permit applications for single-family detached and single-family attached residential construction. For the purposes of this chapter, an "applicant" includes an entity that controls the named applicant, is controlled by the named applicant, or is under common control with the named applicant. C. Impact Fee Deferral. 1. Deferral Request Authorized. Applicants for single-family attached or single-family detached residential building permits may request to defer payment of required impact fees until the sooner of: a. final inspection; or b. the closing of the first sale of the property occurring after the issuance of the applicable building permit; which request shall be granted so long as the requirements of this chapter are satisfied. 2. Method of Request. A request for impact fee deferral shall be declared at the time of preliminary plat application (for platted development) or building permit application (for non-platted development) in writing on a form or forms provided by the City, along with applicable application fees. 3. Calculation of Impact Fees. The amount of impact fees to be deferred under this chapter shall be determined as of the date the request for deferral is submitted. D. Deferral Term. The term of an impact fee deferral granted under this chapter may not exceed 18 months from the date the building permit is issued ("Deferral Term"). If the condition triggering payment of the deferred impact fees does not occur prior to the expiration of the Deferral Term, then full payment of the impact fees shall be due on the last date of the Deferral Term. W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16 Page 13 of 14 BG:bjs 337 E. Deferred Impact Fee Lien. 1. Applicant's Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and record a deferred impact fee lien, in an amount equal to the deferred impact fees, against the property in favor of the City in accordance with the requirements of RCW 82.02.050(3)(c). 2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees for the property, the City shall execute a release of deferred impact fee lien for the property. The property owner at the time of the release is responsible, at his or her own expense, for recording the lien release. F. Limitation on Deferrals. The deferral entitlements allowed under this chapter shall be limited to the first 20 single-family residential construction building permits per applicant, as identified by contractor registration number or other unique identification number, per year. Section 10. 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 11. 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 12. 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 fiveda -- after passage and publication as provided by law. .7 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this - day of 72016. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk MW Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\ResidentiaI impact fee deferral 11 -29 -16 BG:bjs 338 Page 14 of 14 COUNCIL AGENDA SYNOPSIS --_ ..----------------------- - - - - -- Initials --------------------------------- I ITEMNO. Meeliq Date Pre aced by M r4-,ejv aataal review 12/05/16 CT ❑ Resolution Alt ,g Date ❑ Ordinance Alig Date ENdAward M g Date ❑ Public.Heaiin g Alt ,g Date [:] 0119er Alt ,g Dale SPONSOR ❑ Council N Mayor ❑ TJR ❑ DCD []Finance E]sire ❑ IT ❑ P&R ❑ Police E].PWI' SPONSOR'S The Alliance One Lease Agreement expires on December 31, 2016. Administration is SUMMARY proposing a two year lease agreement for January 1, 2017 - December 31, 2018 to coincide with the bienniel budget cycle and recommending a 3.33% increase in the monthly rent. REvii'.W-,'Ii) iiy ❑ COW Mtg. ❑ CA&P Cmte N F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/22/2016 COMMITTEE CI-LIUR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office Comm"I"'E'l.," Unanimous Approval; Forward to 12/5/16 Regular Meeting COST IMPACT / FUND SOURCE EXPI-'INDITURf,'RI '-Q UMF 'D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 74W, ISTiU-TSPONsoR: DAVID CLINE ORIGINA.1,A(.,,I?NI),\DA'I'.13: 12/05/16 A(',i ,'IN DA 1, rj,"m Ti'I'LE' Alliance One Lease Agreement CATEG,0RY ❑ Discussion Mig Date M Motion Aft ,g Date 121051M ❑ Resolution Alt ,g Date ❑ Ordinance Alig Date ENdAward M g Date ❑ Public.Heaiin g Alt ,g Date [:] 0119er Alt ,g Dale SPONSOR ❑ Council N Mayor ❑ TJR ❑ DCD []Finance E]sire ❑ IT ❑ P&R ❑ Police E].PWI' SPONSOR'S The Alliance One Lease Agreement expires on December 31, 2016. Administration is SUMMARY proposing a two year lease agreement for January 1, 2017 - December 31, 2018 to coincide with the bienniel budget cycle and recommending a 3.33% increase in the monthly rent. REvii'.W-,'Ii) iiy ❑ COW Mtg. ❑ CA&P Cmte N F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/22/2016 COMMITTEE CI-LIUR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office Comm"I"'E'l.," Unanimous Approval; Forward to 12/5/16 Regular Meeting COST IMPACT / FUND SOURCE EXPI-'INDITURf,'RI '-Q UMF 'D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 12/05/16 MTG. DATE ATTACHMENTS 12/05/16 Informational Memorandum from David Cline dated 11/3/16 Draft Lease Agreement for 2017-2018 Minutes from the Finance and Safety Committee Meeting of 11/22/16 74W, 340 1r►ity of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator TO: Mayor Ekberg Finance & Safety Committee FROM: David Cline, City Administrator DATE: November 3, 2016 SUBJECT: Alliance One Lease Agreement ISSUE The current lease agreement with Alliance One Management Receivables expires on December 31, 2016. BACKGROUND Alliance One is the company Tukwila Municipal Court contracts with to provide collection services for unpaid court fines and fees and manages long -term payment plans for court customers not in collections. In May 2009, Alliance One began leasing space with the City of Tukwila. Per RCW 35A.11.010 and 35A.11.020 all lease agreements must go before City Council for authorization. DISCUSSION We are proposing a two -year lease agreement from January 1, 2017 - December 31, 2018 to coincide with the biennium budget cycle, as well as a 3.33% increase ($30 /month) in the monthly rent. FINANCIAL IMPACT The 3.33% increase in rent for means Alliance One would pay the City of Tukwila $900.00 a month to lease space in the court area. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda of the December 5, 2016 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Draft Lease Agreement for 2017 -2018 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206 - 433 -1800 • Website: TukwilaWA.gov 341 342 sy City of Tukwila Agreement Number: 0 • /1 Southcenter Boulevard, Tukwila WA 98188 1 _FT" X NUT _ THIS LEASE AGREEMENT, is made between the City of Tukwila ("the City" or "Lessor ") and Alliance One Receivables Management, Inc. ( "Alliance" or "Lessee "). IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Premises. Lessor does hereby agree to lease to Lessee, upon the following terms and conditions, one (1) front counter workspace at the Tukwila Municipal Court located at 6200 Southcenter Blvd., Tukwila, Washington ( "Premises "). 2. Term. This agreement shall be in full force and effect for a period commencing January 1, 2017 and ending December 31, 2018 unless sooner terminated under the provisions hereinafter specified. 3. Rent. Lessee covenants and agrees to pay Lessor, at Lessor's address, without deduction or offset, rent of Nine Hundred Dollars ($900.00) per month ( "Rental Payment "). The Rental Payment shall be submitted to Lessor on a monthly basis due by the 15`x' day of each month. Any and all ancillary costs associated with Lessee's use of the Premises shall be borne by Lessee. 4. Leasehold Excise Tax. Lessee shall pay any leasehold excise tax due pursuant to RCW 82.29A to Lessor by the 15`h of each month at the rate of 12.84 % of rental amount. The Leasehold Excise tax shall be paid in addition to the monthly rental payment. If the State of Washington changes the leasehold excise tax and another: jurisdiction also imposes this tax, the tax payable by the Lessee shall be correspondingly modified in compliance with RCW 82.29A. 5. Use of Premises by Lessee. Lessee shall have exclusive use of the Premises for payment collection and shall provide their own personnel to staff the Premises between 8:30 a.m. and 4:30 p.m. Monday through Friday. Lessee's personnel at the Premises shall provide customer service at a level satisfactory to the Lessor. Lessor reserves the right to immediately terminate this lease agreement should the Lessee's customer service levels fail to meet the standards set by Lessor. 6. Utilities, Equipment and Services. Lessee shall provide daily armored car service, Monday through Friday, to transport deposits from the Premises. Lessee shall provide any equipment necessary for the prescribed use of the Premises, included but not limited to computers, fax/copy machines and telephones. Lessee shall be responsible for setting up and maintaining their own telephone and internet connections. 7. Si na e. Lessee shall provide, at their own expense, signage to be placed at the Premises; all signage shall be pre- approved by Lessor before being posted on the Premises. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the Premises. Any sublease or assignment made in violation of this provision shall be void. 9. Indemnification and Hold Harmless. Lessee shall indemnify, defend and hold harmless Lessor, its officers, agents and employees, from and against any and all claims, losses or liability, including Alliance One Lease Agreement Page 1 of 3 343 aaw ^ 11 Agreement Numb - �tJ 4s City of Tukwila k n mggw� Z • /1 Southcenter Boulevard, Tukwila WA 98188 attorneys' fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Lessee, its officers, agents, employees, customers, and guests, in performing the work required by this Agreement. With respect to the performance of this Agreement as to claims against Lessor, its officers, agents and employees, Lessee expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee or Lessee. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damages resulting from the sole negligence of the Lessor, its agents or employees. To the extent that any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of Lessor, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Lessee, its officers, agents,; employees, customers, and guests. 10. Insurance. Lessee shall procure and maintain in full force throughout the duration of the Agreement Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 8`5 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Lessor. Cancellation of the required insurance shall automatically result in termination of this Agreement. Certificates of coverage as required by Paragraph A above shall be delivered to Lessor within fifteen (15) days of execution of this Agreement. 11. Holding Over, Any holding over on the Premises after the termination of the term of this lease shall be construed to be a tenancy from month -to -month with the same valuable consideration for rent being provided on a pro rata basis per month. Such holding over shall otherwise be on all the terms and conditions of this Lease Agreement. 12. Notices. Notices to Lessor shall be sent to the following address: City of Tukwila Attention: City Clerk 6200 Southcenter Boulevard Tukwila WA 98188 Notices to Lessee shall be sent to the following address: Alliance One Lease Agreement 344 Page 2 of 3 �►�a w City of Tukwila • 00 Southcenter Boulevard, Tukwila WA 98188 O 1908 Alliance One Receivables, Inc. Tricia Purcell, Client Service Manager 6565 Kimball Drive, Suite 200 PO Box 2449 Gig Harbor WA 98335 Agreement Number: 13. Effect of Invalidity. If any provision of this Lease Agreement or the application thereof to any person or circumstance shall to any extent be invalid, the remainder of this Lease Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each provision of this Lease Agreement shall be valid and enforced to the fullest extent permitted by law. 14. Entire Agreement — Amendments. This printed Lease Agreement together with all exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. Except as otherwise provided,, no modification or amendment of this Lease Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. 15. Termination. Lessor or Lessee may terminate this lease at any time on or before the expiration of the lease term upon thirty (30) days prior written notice to the other party. 16. Applicable Law — Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding s instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. DATED this day of , 2016 CITY OF TUKWILA ALLIANCE ONE RECEIVABLES, INC. Allen Ekberg, Mayor Harry Neerenberg, CFO ATTEST /AUTHENTICATED City Clerk Alliance One Lease Agreement APPROVED AS TO FORM City Attorney Page 3 of 3 345 346 Finance and Safety Committee Minutes ............................................................................ ............................... November22, 2016 D. Contract: Public Defender Services Staff is seeking approval of a contract with Kirshenbaum & Goss, Inc. P.S. for continued public defender services during the 2017 -2018 biennium. The proposed rate is unchanged at $32,600 per month. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. E. Lease Agreement: Alliance One Staff is seeking approval of a lease agreement with Alliance One Management Receivables in the amount of $900.00 per month, which is a 3.33 increase from the previous rent. Alliance One provides collection services for court fines and fees and manages long -term payment plans for customers. Councilmember Kruller noted that there has been a recent leadership change with Alliance One. The Committee requested the item move forward to the December 5 Regular Meeting with the request that the Court Administrator address the Council with any concerns. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR MEETING. F. Statement of Intent: Regional Animal Services of King County Staff is seeking Council approval of a non - binding Statement of Intent to enter into an interlocal agreement with Regional Animal Services of King County ( RASKC) beginning January 1, 2018. The City's 2012 contract with RASKC included a two -year extension which was approved by the Council last year and expires on December 31, 2017. The existing contract is currently under review by representatives of each of the member cities and by King County, and proposed changes are summarized in the memo. The Cost allocation method of 80% service usage and 20% population will remain the same. Next steps will include County approval of a draft contract and Council review of the proposal by June 1, 2017. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 5, 2016 REGULAR CONSENT AGENDA. G. 2016 3rd Quarter Financial Report Staff presented the Committee with the City's 2016 3 d Quarter Financial Report which captures the general state of financial affairs and highlights significant items and trends. For the period ending September 30, 2016, revenues are above allocated budget by $1.83 million and expenditures are below budget by $1.39 million. INFORMATION ONLY. III. MISCELLANEOUS Adjourned at 5:52 p.m. Next meeting: Tuesday, December 6, 2016 Committee Chair A +� p roval p Minutes by LH E: CO uNcm AGENDA SYNOPSIS Meetin ,g Date Pre ared by Mqyor'j- review Council review 12/05/16 BJM IMEMION&M ITEM NO. I Im. STAFF SPONSOR: BRANDON MILES I ORIGINAL. A(,I-,'.ND,\ DA'I'S: 12/5/16 A(,, I "N DA ITj m Tj'n.t," Lodging Tax Funding Request: Seattle Sounders FC Events I CATEGORY ® Dismssion Mt ,g Date 1215116 ® motion Mt Date 1215116 F-1 Resolution AlIg Date ❑ Ordinance Mt ,g Date ❑BidAivard AIRS Date ❑ Public .Hearing Mt ,g Date [:] 011)er Mt ,g Dale SPONSOR ❑ Council E Mayor E:].HR D.DCD EIFinance ❑ Fire [:1 4-S ❑ P&R ❑ Police ❑ PIS/ SPONSOR'S Seattle Sounders FC will be playing in the MLS Cup on December 10th. City staff is working SUMINIARY with the Sounders to hopefully put on two events for fans. To fund these events, including staff overtime, staff is proposing to use lodging tax funds. The use of lodging tax funds requires an approval of the request by both the Lodging Tax Advisory (LTAC) Committee and the City Council. The LTAC considered the request on Monday, 12/5. The LTAC application will be provided to the City Council at the Council meeting for a motion. REXII,"WE'D BY ❑ cow Mtg. ❑ CA&P Cmte [:] F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMITTEE CI -LAIR: N/A RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office/Economic Development COmm"I" " "E' N/A COST IMPACT / FUND SOURCE ExPi?NDITURE R[sQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $30,000 $30,000 $0 Fund Source: LODGING TAX FUNDS Comments.- MTG. DATE RECORD OF COUNCIL ACTION 12/5/16 MTG. DATE ATTACHMENTS 12/5/16 Lodging Tax Funding Application (to be provided at the Council meeting). I Im. 350 l Mayor Cit of Tukwila Allan ,x Ya Mayor's 1 David Cline, City Administrator The City of opportunity, the community of choice TO: Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: November 30, 2016 SUBJECT: Report for December 5, 2016, 2016 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. Intergovernmental Update • National League of Cities City Summit: Mayor Ekberg, Council President Duff ie, Councilmembers Hougardy, Kruller and McLeod, Council Analyst Laurel Humphrey and Executive Assistant Cheryl Thompson attended the National League of Cities City Summit in Pittsburgh. • Aerospace Works for Washington Steering Committee: Mayor Ekberg was asked to serve on the Aerospace Works for Washington Steering Committee: a statewide coalition of elected, business and community leaders working to ensure Washington state remains a leader in aerospace. The first Committee meeting was held on November 21, hosted by the Seattle Metro Chamber. Community Events • Senior Thanksgiving Dinner: The 27th Annual Senior Thanksgiving Dinner was held at the Tukwila Community Center on Wednesday, November 16. The event was successful with the assistance of over 5o volunteers and 170 Senior attendees. Dinner items were supplied by local restaurants including the DoubleTree Guest Suites and California Pizza Kitchen, coffee was donated by Starbucks and the pumpkin pies were donated by City of Tukwila Employees. III. Staff Updates Public Safety • Passage of Public Safety Bond Measure: Election results were certified on November 29 and the Tukwila Public Safety Bond measure passed with 60.54.0/0 voter approval. This measure will replace three fire stations, fund life /safety equipment for the Tukwila Fire Department, construct a police /court justice center and establish a financial oversight committee authorizing issuance of general obligation bonds and an annual levy of excess property taxes to pay the bonds. Unlimited tax general obligation bonds were sold on November 30. The Finance 351 City Administrator's Report November 30, 2016 Page 2 and Safety Committee will be reviewing a proposed contract for project management services at the December 6 meeting. • Presentation on Safety and Security for Refugees: Sergeant Boyd and Officer Valdez gave a presentation about safety and security issues especially involving refugees and immigrants at Renton City Hall on November 17. Governor Inslee's office, Jennifer Malloy from DSHS representatives from most of the major refugee agencies that operate in the King County Area participated in the event. • K9 School Graduate: Detective Sturgill and Kg Apollo graduated from Kg School, finishing first in their class. • Neighborhood Meeting for Grand Terrace Apartments: On November 15 there was a Neighborhood Meeting held at Foster Library about the Grand Terrace Apartments and the surrounding neighborhood along S. 1581h Street. Councilmember Robertson, several Police Department personnel, and Code Enforcement Officers participated in the meeting attended by 23 residents. Project Updates • Tukwila Village: DCD is working to coordinate city approval of a temporary parking plan for the library's opening. We anticipate the library's opening date to be in early 2017. • TIB Redevelopment /Motel Sites: The City issued a Request for Qualifications on November 17 for the city -owned former motel parcels on Tukwila International Boulevard. Interested developers may submit applications until noon on December 5. This item is tentatively scheduled for the City Council agenda for December 12. • Southcenter Pedestrian /Bicycle Bridge: The Contractor has finished pouring concrete for Abutment 1(west side of Green River) and Pier 3 cap (east side of Green River). • S 119th St Pedestrian Bridge: Repair crews are waiting for a better weather windowto install the surfacing test section on the bridge deck. Staff is considering ways to limit motorized vehicles from accessing the pedestrian bridge while maintaining ADA access. The first step in this process will likely mean installation of signs on each end that state that bridge use is for pedestrians only. • Duwamish Gardens: The Contractor has poured the concrete for the entry pathway and Gathering Circle and is constructing flagstone paving bands that delineate the Gathering Circle. They are also working on the planting and irrigation around the parking area. IV. Community Services • Change in Finance Department Hours of Operation: Beginning January 5, 2017 the Finance department will open to the public at 10:3o a.m. on Thursdays, rather than 8:3o a.m. These two hours each week will be dedicated for staff training and collaboration opportunities to help ensure use of financial best practices, ultimately leading to better service for the Tukwila community. Phone: 206-433-1800 + Email, Mayor TukwilaWA.gov + Website; TukwilaWA.gov 352 Upcoming Meetings & Events December 2016 5th (Monday) 6th (Tuesday) 7th (Wednesday) 8th (Thursday) 9th (Friday) 10th (Saturday) ➢ Givill Sefyiee ➢ Finance & ➢ COPCAB, Earth Corps Tukwila Historical Commission, Safety Cmte, 6:30 PM Volunteer Work Society Holiday Cancelled 5:30 PM ( Duwamish Party at Gathering (Hazelnut Conference Codiga Park 6:00 PM - 9:00 PM 9:30 AM - 2:00 PM (Nelsen House, 15643 ➢ Transportation Conference Room) Visit earthco t s or Si West Valle Hwy) Cmte, Room) volunteer.php Seating is limited, 5:30 PM please RSVP to: (Foster ➢ the 206 - 2444478. Conference ➢ Library � Commission, Duwamish Work Room) Advisory Cancelled Party Board, 1:00 PM -4:00 PM 5:30 PM Meet at the Green ➢ City Council (Community River Trail @ BECU Regular Mtg., Center) Campus (12770 7:00 Please note Gateway Drive) information pm new time. For visit: (Council www.fortena.org/ Chambers) events Green Tukwila Partnership event. 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday) ➢ Community ➢ Utilities Cote, ➢ Park ➢ Tldpwila Affairs & Parks 5:30 PM Commission mister Al Cmte, (Foster Cancelled Seeiety, 5:30 PM Conference Cancelled (Hazelnut Room) Conference Room) ➢ Tukwila ➢ City Council International Committee of Boulevard the Whole Mtg., Action Cote, 7:00 PM 7:00 PM (Council Chambers) (Valley View C.O.W. to be Sewer Dist., immediately 3460 S 148th) followed by a Special Mtg. ➢ Arts Commission: 3rd Weds., 5:00 PM, Tukwila Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Sara Valdez at 206 - 431 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room ➢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: 1 st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Cheryl Thompson at 206- 433 -1850. ➢Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf, Room. (A) A resolution adopting a legislative agendafor 2017. (B) an agreement for the Public Safety Plan. (C) Grant funding for a Disposition Research Specialist position for the Police Department. (D) 2016 2,d Quarter Investment Report. (E) 2016 31 Quarter sales tax report. (F) 2016 3ed Quarter Police Department Report. ➢Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206- 767 -2332. ➢Planning CommissionBoard of Architectural Review: 41 Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670 ➢Transportation Committee: 1 st & 3rd Mon., 5:30 PM, Foster Conf. Room (A) Interurban Avenue South (S 143rd to Fort Dent Way) Contract for Settlement and Mediation Support Services with Anchor QEA. (B) Metro Transit Interurban Avenue Park and Ride Lot. ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 591 Avenue S. Contact Louise Jones -Brown at 206 - 244 -4478. ➢Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Villa at 206- 433 -1815. ➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room. 353 See agenda packet cover sheet for this week's agenda (December 5 2016 Regular Meeting). 354 Special Issues: - Consensus for DCD to continue discussion with Bellwether Housing on a development agreement. - Property Sale. - Update on Tukwila International Boulevard Implementation. Special Meeting: - Appointments to Lodging Tax Advisory Committee (LTAC).