Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
COW 2016-12-12 COMPLETE AGENDA PACKET
Tukwila City Council Agenda • ❖ COMMITTEE OF THE WHOLE ❖ 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 12, 2016; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL a. The National Anthem will be performed by Alex Zuniga, a student at PRESENTATIONS Showalter Middle School. b. Meritorious Service Award to: • Sergeant Zack Anderson • Officer Victor Masters • Officer Art Stephenson Mike Vi/ /a, Po /ice Chief 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. SPECIAL ISSUES a. Council consensus for staff to continue discussion with Bellwether Pg.i Housing on a development agreement. b. A resolution adopting a legislative agenda for 2017. Pg.17 c. Council consensus on the timeline for filling appointments to the Pg.29 Public Safety Bond Financial Oversight Committee. d. An agreement with Shiels Obletz Johnsen for the Public Safety Plan Pg.37 projects. e. An agreement with Microsoft for the City's Microsoft Enterprise Pg.57 software renewal. f. Discussion on developer selection for motel site. Pg.81 g. Update on Tukwila International Boulevard implementation plan. Pg.143 h. An ordinance amending the 2015 -2016 Biennial Budget to adopt an Pg.187 amended year -end budget resulting from the public safety bond measure. 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. ADJOURN TO SPECIAL MEETING (continued...) COMMITTEE OF THE WHOLE MEETING Monday, December 12, 2016 Page 2 ❖ SPECIAL MEETING ❖ •:� Ord #2522 Res #1903 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Authorize the Mayor to sign a contract with PerfectMind for the Pg.197 Recreation Management System in the amount of $35,000.00 for implementation and an annual subscription amount of $20,000.00. [Reviewed and forwarded to Consent by the Community Affairs and Parks Committee on 11128116.] b. Authorize the Mayor to sign a contract with Anchor QEA for settlement Pg.247 and mediation support on the Interurban Avenue South Project in the amount of $40,000.00. [Reviewed and forwarded to Consent by the Transportation Committee on 1215116.] c. Authorize the Mayor to sign an agreement with Shiels Obletz Johnsen Pg.37 for the Public Safety Plan projects in the amount of $2,694,716.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 12112/16.] d. Acceptance of a grant for a Disposition Research Specialist position in Pg.261 the Police Department in the amount of $56,475.00 (with a 10% City match of $5,647.00). [Reviewed and forwarded to Consent by the Finance and Safety Committee on 1216116.] e. A resolution adopting a legislative agenda for 2017. [Reviewedand Pg.17 forwarded to Consent by the Finance and Safety Committee on 1216116.] f. Authorize the Mayor to sign an agreement with Microsoft for the City's Pg.57 Microsoft Enterprise software renewal in the amount of $108,000.00. [Reviewed and forwarded to Consent by the Committee of the Whole on 12112/16.] 3. UNFINISHED a. Authorize City Administration to enter into negotiations with Pg.81 BUSINESS HealthPoint Community Health Centers to sell the properties located at 14420, 14440, 14442 and 14452 Tukwila International Boulevard and assessor parcel number 0004000 -0255 for market value. b. An ordinance amending the 2015 -2016 Biennial Budget to adopt an Pg.187 amended year -end budget resulting from the public safety bond measure. 4. NEW BUSINESS 5. 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. COUNCIL AGENDA S Initials - Meefiq Dale Pr6pared by iWayors review v—wl review ga 12/12/16 MCB ❑ Resolution Aft g Dat e ❑ Ordinance I/g Dale ❑ Bid,divard Atg Di, ❑ Public Heariq M1 g Date ❑ 01bei Alig Date SPONSOR ❑ Council ❑ Mayor ❑ PIR Z DCD ❑ finance ❑ Fire [:] TS [:] P&R [:] Police ❑ PIV SPONSOR'S Staff is requesting Council consensus to proceed with a development agreement that summ-ARY generally uses the urban renewal overlay standards as a template. Bellwether Housing has an option on a parcel that is zoned Regional Commercial in the TIB neighborhood. They would like to provide housing for low wage workers who make 30-60% of area median income. The RC zoning does not meet their needs and changes to Zoning Code standards are required in order to create a housing development that is feasible for them. RI,xu-:WF.I) BY El cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMITTEE CI-IAIR: QUINN RECOMMENDATIONS: SPONSOR/Ai)MIN. Department of Community Development CoNININ-fl,"] " Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exi+'INDITURI," RLx�uiiu.u) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 ITEM NO. STAFF SPONSOR: MOIRA BRADSHAW � ORK; INA], AGENI)A Dxl'F : 12/12/16 A(,, FNDA h'i .m Trn,i-: Development Agreement for Bellwether Affordable Housing Cs -11"GORY Z Discussion Mt g Date 12112116 ❑ Motion AIg Date ❑ Resolution Aft g Dat e ❑ Ordinance I/g Dale ❑ Bid,divard Atg Di, ❑ Public Heariq M1 g Date ❑ 01bei Alig Date SPONSOR ❑ Council ❑ Mayor ❑ PIR Z DCD ❑ finance ❑ Fire [:] TS [:] P&R [:] Police ❑ PIV SPONSOR'S Staff is requesting Council consensus to proceed with a development agreement that summ-ARY generally uses the urban renewal overlay standards as a template. Bellwether Housing has an option on a parcel that is zoned Regional Commercial in the TIB neighborhood. They would like to provide housing for low wage workers who make 30-60% of area median income. The RC zoning does not meet their needs and changes to Zoning Code standards are required in order to create a housing development that is feasible for them. RI,xu-:WF.I) BY El cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMITTEE CI-IAIR: QUINN RECOMMENDATIONS: SPONSOR/Ai)MIN. Department of Community Development CoNININ-fl,"] " Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exi+'INDITURI," RLx�uiiu.u) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 IMTG.DATEI ATTACHMENTS 12/12/16 Informational Memorandum dated 11/22/16 Minutes from the Community Affairs and Parks Committee meeting of 11/28/16 Powerpoint Presentation 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks FROM: Jack Pace, Director, Department of Community Development BY: Moira Bradshaw, Senior Planner CC: Mayor Ekberg DATE: November 22, 2016 SUBJECT: Potential Development Agreement for Affordable Housing in the TIB Neighborhood ISSUE Should the City Council consider a Development Agreement with Bellwether Housing, who would like to develop an affordable housing project on a site on TIB? BACKGROUND Bellwether Housing is a nonprofit housing developer that builds and manages affordable apartments. They have been operating since 1980 and currently serve 3,200 residents. They are interested in expanding beyond Seattle and have an option to buy property on TIB. The City has the authority to establish development standards and other provisions that would apply to a site-specific development and vest the project. (Development Agreements, TMC 18.86) Bellwether would like the City to enter into a development agreement with them that would modify the site's existing Regional Commercial (RC) development regulations to allow them to achieve a project that is financially viable. DISCUSSION There are two elements to the decision: the process to create a development agreement and the substance or standards within the agreement. Prf)rp-,--, The applicant would like a development agreement for the following reasons: 1. Bellwether has a two part down payment that becomes partially nonrefundable after December 28 and then fully nonrefundable after January 23. 2. In September of 2017, King County levy money will likely be available for affordable housing projects that are in transit oriented areas. This money is finite and will likely not be available for an additional four years after the 2017 call for projects. 3. Prices continue to rise in the TIB area fueled by continued economic expansion in the Seattle area and local speculation about upcoming zoning changes. These forces make buying land and affordable housing more expensive . 4. Bellwether's option to purchase the subject site expires the first of May and 90 days are needed to for the lending process and to finalize the sale. 5. The City is beginning its review of regulations related to the TIB area and revised standards will be developed in stages throughout 2017 with legislative action not expected until 2018. 3 INFORMATIONAL MEMO Page 2 Standards A development agreement may allow standards that are different from those otherwise imposed. Modifications of those standards are allowed to provide flexibility in order to achieve public benefits - in this case affordable housing and development that sets a higher standard for apartments, and responds to changing community needs. The subject site is in a Regional Commercial district, which was in place before the transit facility was built for the TIB corridor. The subject site fronts on TIB and is bordered by RC on its north and south sides and MDR and LDR districts to the east. The eastern properties also have the commercial redevelopment overlay, meant to encourage the consolidation and redevelopment of the lots with the land that fronts TIB. The developer would be asking for modification of the existing Zoning Code standards for use, height, recreation space, and parking. Given that these two elements are policy in nature, staff is seeking direction from the Council as to whether there is consensus to continue working on this project. FINANCIAL IMPACT Staff time to develop the agreement. RECOMMENDATION The Committee is being asked to forward this item to the December 12, 2016 Committee of the Whole for discussion and consensus to as to whether staff should move forward with discussions with Bellwether. If consensus is reached, many additional steps remain for Council review and approval, including a development agreement that would need to be decided by the Council after a public hearing. WA2016 Info Mennos\Bellweather.doc 4 Bellwether Housing 36 30 3334 1900 $26M bellwether Years In Business Properties Managed Residents Last Year Apartments Managed Annual Budget (2017) Diverse Neighborhoods: Downtown Seattle, Capitol Hill, South Lake Union, Queen Anne, Wallingford, University District, Rainier Valley, Northgate cn Bmellwether Housing bellwether Some of our collaborative service partners: Asian Counseling and Referral Services City of Seattle Aging and Disability Services King County Disability Division Red Cross Language Link Sound Mental Health Washington State Department of Health Wellspring Family Services YMCA of Greater Seattle YWCA of Seattle Refugee Women's Allliance El Centro de la Raza Muslim Housing Services Hearing, Speech and Deafness Center Jewish Family Services Seattle Humane Society Seattle Public Library Providence Health & Services Arbora Court 4731 15'" Avenue NE, Seattle, WA 98105 bellwether Arbora Court is made possible by a generous below- market sale of land by the University Christian Church. The building is under construction and will be completed in early 2018. Communities Served: Low- income individuals and families, with 40 units set aside for families transitioning out of homelessness. Neighborhood: University District, close to grocery stores, restaurants, a public library, a community center, high - quality public schools, and many transit opportunities. Unit Mix: 133 units • 24 studios • 37 open one - bedrooms • 19 one - bedrooms • 33 two - bedrooms • 20 three - bedrooms Rose Street Apartments 8124 Rainier Ave S, Seattle, WA 98118 bellwether Rose Street Apartments is a lively 71 -unit apartment building in the Rainier Beach neighborhood. The building includes retail store -front spaces along Rainier Ave South that are home to a locally -owned restaurant, tutoring center, and hair salon. Communities Served: Lower income Individuals and families with children, with four units set aside for households supporting a developmentally disabled family member. Neighborhood: The Rainier Beach neighborhood of Seattle is on major Metro routes serving downtown and is near light rail. It is located within walking distance of grocery stores, schools, a library and a community center. Unit mix: 71 units at 50 -60% AMI • 41 one - bedroom units • 30 two - bedroom units Stability and Longevity bellwether Bellwether recently conducted a stability study of eight buildings that serve small and large families with children. These buildings total 472 apartment units. The findings: Over 50% of the households have lived in their apartments for 5 years or more. Over 20% of the households have lived in their apartments for 10 years or more. Annual turnover rate is 10% Turnover rate in market buildings is 54%.* co *Lee, Christopher. "2013 Survey of Operating Income & Expenses in Rental Apartment Communities." National Apartment Association. September 2013. 0 come Profile of Tukwila Residents ff bellwether Payroll & Timekeeping Clerks Locksmiths Construction Laborers Medical Records Technicians Social Workers ners Wood oi The median household income in Tukwila is $44,820 ors Reporters Painters ers Carpet Installers Administrative/Office Services United States Census Bureau, Tukwila, Washington, 2010-2014; U.S. Department of Labor, Bureau of Labor & Statistics, May 2015 Washington State Occupational Employment & Wage Estimates. Target Incomes of Bellwether Residents bellwether Target Incomes for Bellwether Households (based on King County Area Median Incomes) 30% AMI 50% AMI 60% AMI 30% AMI $18,990 $31,650 $37,980 Retail Workers Dishwashers Fast Food Workers Housekeepers Childcare Workers Home Health Aides $21,690 $36,150 $43,380 50% AMI $24,390 $40,650 $48,780 Receptionists Teacher Assistants Landscapers Orderlies School Bus Drivers Medical Assistants Vet Techs $27,090 $45,150 $54,180 60% AMI Delivery Service Drivers Administrative Assistants Dental Assistants Pharmacy Technicians Machinists Social Workers Teachers Carpenters Washington State Housing Finance Commission Rent and Income Limits 2016; U.S. Department of Labor, Bureau of Labor & Statistics, May 2015 Washington State Occupational Employment & Wage Estimates. Bellwether Rents vs. Market Rate Rents N bellwether Affordable Rents at a Bellwether Building (does not include utility allowance) 30 %AMI $436 50% AM $753 60% AM $911 $470 $809 $979 $556 $963 $1166 Allowable rents for 50% units have increased 2.5% over 2 years. Market Rate Rents in Tukwila $634 $1104 $1339 2016 $895 $962 2015 $888 $912 2014 $868 $857 .% 2 year ncrease' $1167 $1083 $1031 2 Year ncrease $1594 $1540 $1465 The vacancy rate in Tukwila has remained at 2.2 %, for the last two years. 2 year ncrease' Dupre + Scott Apartment Vacancy Report, September 2014, September 2015, September 2016; http: / /www.archhousing.org /renters /income- guidelines.html Other Benefits of Housing bellwether Our development is not only an opportunity to create long -term affordability for people who work in Tukwila, it is an opportunity to leverage housing dollars for economic development by generating new construction activity and adding high quality retail space along the ground floor. Bellwether's development will not only provide homes, through our resident services program and the relationships we are developing with healthcare providers, childcare providers and schools and service organizations, it will be a place to connect with essential supports. Housing density located within walking distance of light rail reduces dependency on cars, increases access to quality employment, and effectively increases the disposable income of lower income households. W Im, • . 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. 15 16 COUNCIL AGENDA SYNOPSIS Initials Meetin M I - ,g Date Prepared by ajor s review Council review 12/12/16 RB ITEM INFORMATION 4.B. & Spec 2.E. 17 STAFF SPONSOR: RACHEL BIANCHI ORIGINAi, AGENDA DATE: 12/12/16 AGENDA ITEM TITLE 2017 State Legislative Agenda CATEGORY E Discussion Mt Date 12112116 ❑ motion Mt g Date ❑ Resolution Mtg Date 12112116 ❑ Ordinance Mt g Date ❑ Bid Award Mt g Date ❑ Public Hearing Mt g Date Ej O,her Mtg Date SPONSOR ❑ Council Z Mayor [:] HR [:1 DCD ❑ Finance [:] Fire [:] TS [:] P&R [:1 Police [:1 PWI SPONSOR'S The Council is being asked to approve the 2017 State Legislative Agenda for the City of SUMMARY Tukwila. This has been reviewed by both Finance and Safety as well as Community Affairs and Parks and input from both meetings has been incorporated in the final draft. REVIEWED BY ❑ cow mtg. Z CA&P Cmte Z F&S Cmte ❑ Transportation Cmte R Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/28/16 & 12/6/16 COMMITTEE CHAIR: SEAL& QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Communications and Government Relations COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 10/27/16 Draft legislative agenda Resume of Jennifer Ziegler Minutes from the Finance and Safety Committee meeting of 12/6/16 Minutes from the Community Affairs and Parks meeting of 11/28/16 17 IN City f Tukwila Allan Ekberg, Mayor TO: Finance and Safety Committee Community Affairs and Parks Committee FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg RE: 2017 Legislative Agenda DATE: October 2T,201G ISSUE Each year the City develops a legislative agenda for the upcoming session. The Council ia being asked to approve the agenda for 2O17. BACKGROUND Staff reviewed legislative agendas from 8 variety oforganizations, including the Association Of VV3ShiOgtDO Cities, as well as the 2017/2018 adopted priorities to ensure alignment with the draft agenda attached. The draft agenda was shared with [)[ Nancy COOg8O and Director Dave L8rSVO at the TUhvvi|@ School District to BOSu[8 a|igDnl8OL' particularly around education issues. In addition, staff wanted the opportunity to inform you that the {}VO0[DuDic8tioOS Division will be contracting with Jennifer Ziegler tO represent the City in C>|VDlpi3 in the coming Se8SiOD, K8S. Ziegler comes highly recommended and has 8 very strong b8:koFOUOd in transportation and other issues. While the contract i8 below the Dl8yo['S signing authority, staff wanted to eOSU[8 CDUOci|[OeOlbe[s are well informed. AO opportunity for the Council tO meet Ms. Ziegler will b8 developed in December. RECOMMENDATION Staff requests Committee provide feedback OD the draft legislative agenda, including requested edits, and then forward to the Committee of the Whole and Special Meeting t0 fO||Ovv OO December 12.2O1S. ATTACHMENTS Draft Resolution adopting o2O17 Legislative Agenda Resume 0f Jennifer Ziegler 20 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2017 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2017; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Special City Council Meeting on December 12, 2016; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2017 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2017 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of )2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk UATO00• 011F3011111111191 Rachel B. Turpin, City Attorney Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A: City of Tukwila 2017 Legislative Agenda W:\Word Processing\Resolutions\Legislative Agenda for 2017 11-22-16 RB:bjs Page 1 of 1 21 22 City of Tukwila 2017 Legislative Agenda Transportation & Infrastructure • Join the US DOT, Freight Mobility Strategic Investment Board, the City of Tukwila and other partners to fund the Strander Extension project to increase freight mobility and remove 55,000 vehicles a day from 1-405, 167 and other nearby roadways. • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development. Housing & Human Services • Provide future stable funding for homelessness by eliminating the sunset and increasing the document recording fee. • Create new local options to generate revenue for housing and human services and for capital construction of affordable housing. • We strongly encourage the state to adequately fund human services programs for the health of the safety net. Shared Revenue The State must continue its role as a partner with cities. Maintaining existing programs such as Streamlined Sales Tax Mitigation Payments, which provides Tukwila over $1.1 million annually, is part of this partnership. In addition, the state must retain the local share of liquor taxes to allow jurisdictions to address impacts, such as public safety, of privatized liquor in our cities. Revenue Reform Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Public Records • Provide cities with additional tools to address public disclosure requests that are voluminous, overly broad, commercially- driven or retaliatory in nature. • The City of Tukwila is committed to — and has a long history of — making public documents as accessible as possible; however, many of the more onerous public disclosure requests require an inappropriate use of tax payer dollars, particularly when subsidizing requests tied to commercial or personal gain. Education • Implement needs based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL students. • Incorporate early learning for low income students as a part of Basic Education. Law Enforcement • Increase funding for law enforcement training to ensure that all police officers have access to key resources that save lives. 23 24 Jennifer Hanlon Ziegler 1127 Arcadia Street NW Olympia, WA 98502 • (360) 790 -6089 Employment OWNER JANUARY 2013- CURRENT Jennifer Ziegler Public Affairs Consulting Provide public affairs services in legislative advocacy, government relations and strategic communications. Clients include HNTB Corporation, Patrick Dunn and Associates, the Small and Mid -Size Transit Alliance, Washington State Association of Counties, the Washington State Patrol Captains and Lieutenants, Woodland Park Zoo, and the Cities of Burien, Cheney and Edmonds. EXECUTIVE POLICY ADVISOR AND LEGISLATIVE DIRECTOR 2006 -2009 AND 2011 -2013 Governor Gregoire's Executive Policy Office Advised Governor Gregoire on transportation issues, including the replacement of the Alaskan Way Viaduct, the State Route 520 bridge project and transportation funding options. Developed partnerships with stakeholders on behalf of the Governor's office. Staffed the Governor's Connecting Washington task force regarding transportation finding. Participated in the development of the Governor's budget proposals, managed the Governor's outreach staff and provided advice to the Governor on legislative strategy. DIRECTOR OF GOVERNMENT RELATIONS AND COMMUNICATIONS 2009 -2011 Toll Division, Washington State Department of Transportation Drafted legislation and coordinated advocacy efforts for bills providing for the implementation of tolling on SR 520 and authorizing express toll lanes on I -405. Developed communications plans and supervised marketing efforts related to tolling on the Tacoma Narrows Bridge, SR 167 High Occupancy Toll Lanes and SR 520. DIRECTOR OF GOVERNMENT RELATIONS 2005 -2006 Washington State Department of Transportation Developed and implemented the legislative agenda for the Washington State Department of Transportation (WSDOT) on a range of issues including apprenticeship participation on transportation projects and vessel procurement for the state ferry system. Coordinated the 25 legislative activities of WSDOT, which included tracking legislation pertaining to multiple topics and providing the Legislature with an integrated response to issues from WSDOT programs. EXECUTIVE DIRECTOR Washington State Transportation Commission 2003 -2005 Advised Transportation Commissioners on transportation policy issues, including transportation revenue, state and regional governance issues and the movement of freight in Washington. Coordinated the Transportation Commission's rule- making activities. STAFF COUNSEL Senate Committee Services 1995 -2003 Advised Senators on legal issues regarding the state transportation budget and drafted transportation budget legislation. Presented legislation at Committee hearings. Supervised legal and policy staff working for the Commerce and Trade Committee. Education JURIS DOCTOR Seattle University School of Law BACHELOR OF SCIENCE IN POLITICAL SCIENCE Emporia State University Memberships and Related Activities Member, Washington State Bar Association Board Member, Washington Highway Users Federation Vice President, Olympia School District Education Foundation Board Member, Association of Washington Business Board Member, WSDOT Memorial Foundation Ziegler Resume 26 1993 -1996 Tacoma, WA 1989 -1993 Emporia, KS FINANCE AND SAFETY COMMITTEE Meeting Minutes • . f 1 • Citv Council Finance and Safetv Committee December 6, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Rick Mitchell, Leon Richardson, Joseph Todd, Bob Giberson, Peggy McCarthy, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. 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. Councilmember Robertson noted that he will be suggesting items relating to the environment, and Councilmember Kruller referenced a public comment letter that was sent to the Committee. Chair Seal recommended that these items be addressed by the Committee of the Whole. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. B. Consultant Selection: Public Safety Plan Staff is seeking Council approval of an agreementwith Shiels Obletz Johnsen (SOJ) in the amount of $2,694,716 for Project Management Services for the Public Safety Plan projects. Councilmember Robertson stated that the model proposed in this agreement lacks a single point person as project manager. A City Council work session is planned for early January to allow the Council to thoroughly discuss the project components. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. C. Interagency Agreement: Disposition Research Specialist Staff is seeking Council approval of an interagency agreement with the Washington State Patrol to accept grant funding in the amount of $56,475 for a Disposition Research Specialist. The Police Department has identified a significant number of records that need to be corrected due to incompatibilities with the SCORE facility record system. The new position will serve to correct 27 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 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 DECEMBERS, 2016 REGULAR CONSENT AGENDA. W. COUNCIL AGENDA SYNOPSIS Meeliq Date Prepared by May Ar Is review Council review 12/12/16 LH ITEM INFORMATION ITEM NO. 4.C. 29 SPONSOR: LAUREL HUMPHREY 1ORIGINAL, AGENDA DATFI: 12/12/16 A(,.i3NDA ITI',,m Ti(i'j,j-,, Discussion and consensus on next steps in recruitment of membership for the Public Safety Bond Financial Oversight Committee. CATI,?,GORY F;j Discussion Mi g Date 12112116 ❑ motion At g Date 1:1 Resolution Ai g Date ❑ Ordinance Mtg Dace 1:1 BzdAward lt g Date 1:1 Public.1-fewing AtS Dale ❑ otber At g Dale SPONSOR E Council ❑ Mayor O.FIR ❑ DCD [:].Finance [:] -Fire [:] IT [:] P&R [:] Police ❑ PIV SPONSOR'S Staff is seeking Council consensus on a proposed timeline for recruitment and appointment summ,IRy of membership to the Public Safety Plan Financial Oversight Committee. R I,," N I I 1-,'W 1," 1) B Y El cow mtg. ❑ CA&P Cmte F&S Cmte ❑ Transportation Cmte ❑ utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/6/16 COMMITTEE CI-MIR: SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Commrl-f]31-1, COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 12/6/16, with Attachment Minutes from the Finance and Safety Committee meeting of 12/6/16 29 30 City of Tukwila Allan Ekberg, Mayor TO: Committee of the Whole FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: December 6, 2016 SUBJECT: Process for Recruitment and Appointment of Public Safety Plan Financial Oversight Committee ISSUE Ordinance 2509 provides that the City Council appoint a Public Safety Bond Financial Oversight Committee within six months of passage. Staff recommends that the City Council appoint the membership of this Committee as soon in 2017 as is practical while allowing for a reasonable application period and time for Council Review. The Committee Charter adopted by Resolution 1892 states that "the City will advertise broadly the opportunity to serve on the Committee. Interested individuals may apply by completing the City's Boards and Commissions application form available on the City website. Applications will be reviewed by a standing Committee of the City Council which will make a recommendation to the Committee of the Whole." DISCUSSION The Finance and Safety Committee discussed next steps at its December 6, 2016 meeting and recommends the following timeline for recruitment and appointment: 12/12/16 Council discusses and gives direction on next steps at C.O.W. 12/13/16 Notice of vacancies begins to be advertised 1/27/17 Applications due to City Hall Feb 2017 The City Council's Public Safety Committee reviews applications 2/27/17 Committee of the Whole considers Public Safety Committee recommendation 3/6/17 If ready, Council makes appointments at Regular Meeting RECOMMENDATION Council is asked to consider this timeline and give approval to begin advertising the vacancies this week. ATTACHMENT Notice of Intent to Appoint the Public Safety Bond Financial Oversight Committee 31 32 Attachment 1 Notice of Intent to Appoint the Public Safety Bond Financial Oversight Committee The Tukwila City Council is currently seeking five representatives to serve on the Public Safety Bond Financial Oversight Committee. What is the Public Safety Bond Financial Oversight Committee? Voters in the City of Tukwila approved Proposition 1, providing for the issuance of general obligation bonds not to exceed $77,385,000 to pay for: • Replacement of three seismically-deficient fire stations (Stations 51, 52 and 54) • Guaranteed funding for fire equipment and apparatus for the life of the 20-year bond • Construction of a Justice Center to house the Tukwila Police Department and Municipal Court Ordinance No. 2509 provides that the City Council appoint a Public Safety Bond Financial Oversight Committee within six months of passage. The purpose of the Committee is to independently represent taxpayers concerning the City's expenditures relating to the bond by reviewing the allocation of bond proceeds and progress on achieving the purposes of the Proposition. The Committee will report its findings to the City Council and the public at least semi-annually. Resolution No. 1892 establishes a Charter for the Committee. Vacant Positions The City Council is currently seeking five members to serve on the Committee, including two residents, two members from the business community, and one at-large member who could be a resident or a representative from a business or a nonprofit organization serving members of the Tukwila community. One resident and one business representative will initially be appointed for a term of three years, and the three remaining positions will be terms of two years. The Committee will meet at least twice yearly. Next Step If you are interested in applying please fill out the application fora ointment and return to the City by 5:00 p.m. Friday, January 27, 2017. Completed applications can be emailed to Boa rdsComms(cDtu k)Ai'laa. ov or mailed to Laurel Humphrey, Tukwila City Hall; 6200 Southcenter Blvd; Tukwila, WA; 98188. The City Council expects to appoint the membership of the Committee in March 2017. For more information about the vacant positions, please call Laurel Humphrey at 206-433-8993. Volunteers for City Boards, Commissions, and Committees are subject to a background check. 33 34 Finance and Safety Committee Minutes .............................................................................. ............................... December 6, 2016 the records and ensure the right processes are in place going forward. The position is temporary and the City will be 90% reimbursed, or $50,827.50. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 SPECIAL CONSENT AGENDA. D. 2016 Second Quarter Cash and Investment Report Staff presented the 2nd Quarter Cash and Investment Report for 2016, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment. At June 30, 2016, the portfolio totaled $54.5 million comprising $43.4 million in cash and cash equivalents and $11.1 in longer term investments. The portfolio balance increased by $1.9 million from the March 31, 2016 balance. INFORMATION ONLY. E. 2016 Third Quarter Sales Tax Report Staff presented the 2016 3rd Quarter Sales Tax and Miscellaneous Revenue Report, including details on retail sales tax, gamblingtax, and admissions tax revenues with sale tax broken out by industry classifications. Total sales tax collections for the 2nd quarter were $270K below those for the same period last year. INFORMATION ONLY. F. 2016 Third Quarter Police Department Report Staff updated the Committee on Police Department items of significance that occurred during the 3rd quarter of 2016. The information included a staffing update, highlights, and crime statistics. The Committee requested location information on the robberies that occurred in the 3rd quarter. Councilmember Kruller asked how Tukwila has been affected by the regional opioid crisis. At this time, overdose deaths have not significantly increased in Tukwila but drug addiction is a likely factor in property and auto related crimes. INFORMATION ONLY. III. MISCELLANEOUS Microsoft License Renewal Staff is seeking Council approval to renew the Microsoft Enterprise License Agreement for an additional three -year term in the amount of $108,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. Budget Amendment Relating to Public Safety Bond Issuance Staff requested an addition to the December 12, 2016 Committee of the Whole agenda of an ordinance to amend the 2016 budget to reflect costs of the issuance of the Public Safety Bonds. If agreed to by the Committee, staff will prepare an ordinance and memo for the agenda. UNANIMOUS APPROVAL. 35 36 COUNCIL AGENDA SYNOPSIS Initials Meefin ,g Date Prepared b Ma yor P Council review 12/12/16 BG ITEMNO. 4.D. & Spec 2.C. 37 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 12/12/16 AGENDA ITEM TITI,I,;1 Public Safety Plan Consultant Agreement for Project Management Services CATEGORY S Dmussion Mtg Date Z Motion Mtg Date 12112116 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date F-1 Bid Award Mtg Date [:] Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Major ❑ HR ❑ DCD ❑ Finance ❑ Fire [:] IT [:] P&R [:] Police Z PWI SPONSOR'S This consultant contract is for project management services for the Public Safety Plan. On SUMMARY August 18 and 25, 2016, Requests for Proposals was advertised and two firms were interviewed with Shiels Obletz Johnsen chosen as the most qualified. This contract will include oversight, project management, master scheduling, budget monitoring, and community outreach and involvement for the Public Safety Plan. Council is being asked to approve the project management contract with Shiels Obletz Johnsen for $2,694,716.00. Ri,"VIEWED BY ❑ cow Mtg- ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte [:] Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/06/16 COMMITTEE CHAIR: VERNA SEAL RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMM"-FEE Unanimous Approval; Forward to C.O.W. COST IMPACT/ FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $2,694,716.00 $2,694,716.00 $0.00 Fund Source: 305 PUBLIC SAFETY PLAN/306 CITY FACILITIES Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 MTG.DATE. ATTACHMENTS 12/12/16 Informational Memorandum dated 10/5/16 Consultant Selection Matrix Consultant Agreement with Exhibits A, B & C Minutes from the Finance & Safety Committee meeting of 12/6/16 37 City of Tukwfla Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: Mayor Ekberg FROM: Bob Giberson, Public Works Director DATE: October 5, 2016 SUBJECT: Public Safety Plan Project Management Services Consultant Selection and Agreement for Project Management Services ISSUE Approve Shiels Obletz Johnsen (SOJ) to perform Phase 1 Project Management Services for the Public Safety Plan. BACKGROUND On August 18 and 25, 2016 the City advertised a Request for Proposals for Project Management (PM) Services on the Public Safety Plan projects. Two proposals were received and both firms were interviewed. ANALYSIS As shown on attached evaluation matrix, based on experience and qualifications, SOJ ranked higher than Hill International after thoroughly reviewing proposals and conducting interviews. Hill International also has a lot of experience in large public facility projects. SOJ is exceptionally knowledgeable and experienced with large public facility projects and alternative project delivery methods such as GC/CM (General Contractor/Construction Manager). SOJ has provided similar PM services for numerous large local projects including: Burien Town Square, ShoWare Event Center, SCORE Jail, Seattle City Hall and Seattle Police Headquarters. FISCAL IMPACT The Public Safety Bond projects and cost model include all estimated amounts for architectural, engineering and project management fees, as presented to the Finance and Safety Committee. The recommended and negotiated contract amount with SOJ is within the overall Public Safety Plan project budgets. RECOMMENDATION Approve the agreement for $2,694,716 with Shiels Obletz Johnsen for Project Management Services for the Public Safety Plan projects. Attachments: Consultant Selection Matrix Consultant Agreement with Exhibits A, B & C wApw eng\projects\a- bg projects\public safety plan\rfp and evaluation\info memo consultant selection and contract - soj.docx ,�W .i City of Tukwila Contract Number: • � 6200 Southcenter Boulevard, Tukwila WA 98188 n CONSULTANT AGREEMENT FOR PROJECT MANAGEMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Shiels Obletz Johnsen (SOJ), hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Desil4nation. The Consultant is retained by the City to perform Property Management services in connection with the project titled Public Safety Plan. 2. Scone of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 2021, 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 March 31, 2021, 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" and "C" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $2,694,716 without express written modification of the Agreement signed by the City. B. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such invoices will be checked by the City and, upon approval thereof, payment shall be made within thirty (30) days 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. 41 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 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. The City shall defend, indemnify and hold the City, its officers, officials, employees 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 City in performance of this Agreement, except for injuries and damages caused by the negligence of the Consultant. 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 42 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. Page 2 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. 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. CA revised : 1 -2013 Page 3 43 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. 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. In the event of Termination, City shall pay Consultant for work completed by the Consultant up to the date of Termination. 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. CA revised : 1 -2013 ii -..- 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: Ken Johnsen Shiels Obletz Johnsen, Inc. 8005 th Avenue, Suite 4130 Seattle, WA 98104 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. DATED this day of , 20 CITY OF TUKWILA CONSULTANT Mayor, Allan Ekberg Attest /Authenticated: City Clerk, Christy O'Flaherty CA revised : 1 -2013 IN Printed Name: Title: Approved as to Form: Office of the City Attorney Page 5 45 ER PUBLIC SAFETY PLAN - PROJECT MGMT RFP Consultant Selection Matrix (Internal Selection, No Interviews) points possible SHIELS OBLETZ JOHNSON HILL INTERNATIONAL Qualifications, expertise and experience of project management staff 30 30 25 Project understanding and approach 20 20 15 Experience with siting selection and land acquisition process 20 15 15 Experience working with community engagement efforts, citizen oversight groups and City Council reporting 15 10 10 Knowledge of BUILDING DESIGN AND PERMITTING 10 10 10 Compliance with RFP Requirements 5 5 5 SUBTOTAL 100 90 80 Interview 100 90 90 TOTAL 200 180 170 For each category, highest score is listed (with the lowest or worst score at 0) Consultant with the highest score is ranked the best. Selection Date: Monday September 26, 2016 Selected Consultant: Shiels Obletz Johnsen, Inc. Selection Justification: This firm ranked highest for experience and qualifications, per RCW. _ SHIELS OBLETZ JOHNSEN, INC. SCOPE OF SERVICES: Project Management City of Tukwila Public Safety Plan Under the direction of the City's Public Works Director, perform the following scope of services: 1. Organize and attend project management meetings • Executive Owner Group • Three Project Management Groups • Quarterly status reports to Council 2. Establish and maintain a project management plan. Plan to include: 2.1. Project Organization • Roles /Responsibilities /Contacts for Staff/ consultants, work groups and committees • Communication Protocols • Overall community engagement strategy • Document control 2.2. Project Schedule • Overall target project schedule for program and projects • Key project milestones including: • Selection of design team(s) • Selection property acquisition team(s) • Permitting requirements and milestones • Siting Decisions • Land acquisitions • Design • Construction • Move in • Schedule Management 2.3. Project Budget • Budgets for overall program and individual projects • Process for budget management • Process for tracking project budgets 3. Develop strategy for selection of design team(s) and acquisition and other consultants 4. Assist with tracking and reporting project budgets 09 5. Develop and assist with RFPs and selections of design team and land acquisition consultants, construction managers including qualifications and interviews. 6. Develop strategy for selection of contractors for projects • Assist in determining best method for controlling pro projects including GCCM, Design /Bid /Build, 63 -20 and low bid options • Assist in contractor selection process including steps to secure State approval for GCCM and /or Design /Bid /Build. 7. Develop and maintain document control solutions 8. Oversee land acquisition consultants and siting selection process through City Council • 8.1 Coordinate and communicate with Public Safety Plan Financial Oversight Committee (refer to City Ordinance No. 2509) • 8.2 Assist in public outreach and communications 9. Oversee and advise design team process for all building projects 10. Assure all required permits are obtained for all building projects 11. During Construction, advise City regarding: • Status of schedule and budget • Quarterly report for City Council • Issues affecting schedule, budget and quality 12. Provide additional construction management services as requested by the City 50 Exhibit B City of Tukwila Public Safety Plan Project Management Services Consultant - Shiels Obletz Johnsen (SOJ) SOJ will perform services on a time and materials basis. SOJ's team will bill for hours spent working on the project. Hourly rates for team members are listed below. Any direct costs such as travel, will be billed at cost. Exhibit C outlines a project schedule for SOJ services on the Public Safety Plan. Monthly hourly estimates are shown. It is important to note that these monthly estimates will actually differ month to month. As shown in Exhibit C, we are proposing a 29 month (December 2016 —April 2019) first phase for SOJ services that completes site selection and design phases for all projects. Construction Management (CM) services are also shown for Fire Station 51 and Justice Center projects through April of 2019. The City and SOJ will address potential additional CM services from SOJ for the other 3 projects in mid -2018. Project Team hourly billing rates: Ken Johnsen; Principal $270.00 Justine Kim; Sr. Project Management $200.00 Ethan Bernau, Project Manager $165.00 DJ Baxter, Sr. Project Manager Land and Acquisition $200.00 *Carrie Holmes; Deputy Project Manager $150.00 *Adam Strutynski; Budget /Schedule Specialist $140.00 * = Sub - consultant billed under SOJ contract Hourly rates escalated 3% January 1 of each year. A monthly estimate is also shown for Enviroissues to provide public outreach and communication services for Phase I- Site selection and Pre- design. As shown on Exhibit B, the Phase I Not -To- Exceed budget for SOJ services is $1,843,407. This budget is based upon the assumption that one A/E firm and one contractor are chosen to design and build all three fire stations. If this does not happen, additional budget will be required. The budget also assumes that the City and SOJ will work together to make efficient use of project team meetings. 51 52 24,000!1 189,000: s 0 11/29/2016 Tukwila Public Safety Program - SOJ Hourly Estimates TOTAL PROJECT VALUE (YOE$): $82.5M PHASE!: December 2016 - April 2019 EXHIBIT C MIURIIII, 1 1 - Justice Center - Fire Station 51 - Fire Station 52 - Fire Station 54 - City Shops Ken Johnsen: Est. Hours Billin• Rate: $270/hour Justine Kim: Est. Hours Billin. Rate: $200/hour Cariie Holmes: Est. Hours Billin• Rate: $150/hour DJ: Est. Hours Billing Rate: $ 200/hour Adam Strutynski Est. Hours Billing Rate: $135/hour Equivalent FTE: Reimbursable Expenses 20 20 20 40 40 60 ®®®®®® ®11®®- ®1111®® ®111111 ®11® -©1111® •'. 110 110 110 110 110 170 110 110 110 110 110 110 111111= 110 110 11 ®.. r 110 110 170 110 17011 110 MEM 110 110 110 170 - .■■■■■E2111■■■M 80 80 80 80 100 100 100 100 100 - 11111111111111 ®1111111111111111111111® 60 80 80 60 60 60 60 60 40 60 60 60 60 60 80 00 00 00 00 00 00 110 110 60 60 60 80 60 80 60 80 60 80 60 80 60 0 0 0 20 20 30 30 30 40 40 60 60 80 40 80 80 40 80 80 40 80 80 40 80 110 40 80 40 80 0.81 1.31 1.31 1.44 1.35 1.35 1.48 1.6 1.85 1.85 1.98 1.98 2.04 2.04 2.04 2.04 2.23 2.23 1.98 1.98 1.98 1.98 1.98 2.1 1000 1000 1000 1000 1 000 1000 1000 1000 1000 1000 1000 1000 1000 20 20 20 20 80 IUBTOTAL FOR RJEOCT..,..... Apr 2019).. 2.13 2.13 2.13 2.13 1000 1000 1000 1000 1000 1000 500 500 500 500 500 500 500 500 500 500 8,876 630,40 ?Reiroburoea91 SOJ TOTAL D902016- .Apr2i Is 1,654,401 Erin Tam /Dennis Sandstrom: Est. Hours billing Rate: $150 /hour 60 60 60 60 60 60 60 60 60 60 60 60 60 780 40 40 40 40 40 40 40 40 40 40 40 40 480 Enviroissues Total Dec2016- Jun2017 1260 PHASE I TOTAL SOJ + ENVIROISSUES (w .`RT;Sg3:407J Page 1 of 2 PHASE 11: May 2019 - March 2021 BPTOTAL F ROJECT OR (2019 -2021) EXHIBIT C Total Est Hours TOTAL FOR PROJECT Construction Phase post occupancy Construo6on'Phase Construcfion +Phase 1.69 1.56 1.44 1.44 1.56 1.44 1 post occ post occ pos occupancy 100 100 700 100 700 100 60 60� 40 20 20M 40 40 40 .....= ■... .....= ........-........ - 100 100 100 100 700 700 60 60 60 60 40 40mm 40 40 40 .....= 20 20 20 20 20 20 20 20 20 20 20=ri 20 20 20 .....11.11 8 1.38 1.375 1.4 1.4 1.4 1.4 1.4 0.9 0.9 0.8 0.8 0.5 0.5 250 250 250 250 250 250 250 250 0.6 0.6 0.6 0 0 0 0 0 250 250 250 250 250 250 250 250 250 250 250 250 100 100 100 SO 1,820 $ 393 065: 628 4,620 2,570 1.000 841 3,420 67,4 74,789 966,344 395,650 201.440 597,770 140,422 546,80' 13,228 % SOJ Fee of Total Project Budget % Fee of MACC Ave Monthly FTE eimurseable TOTAL Dec2016- Apr201 Reimurseables SOJ Enciroissues GRAND TOTAL SOJ + ENVIROISSUES $ 2,476,416 3.00% 4.47% 1.52 29,300 WarAMOVOW1 Page 2 of 2 Rates FINANCE AND SAFETY COMMITTEE Meeting Minutes • . f 1 • Citv Council Finance and Safetv Committee December 6, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Rick Mitchell, Leon Richardson, Joseph Todd, Bob Giberson, Peggy McCarthy, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. 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. Councilmember Robertson noted that he will be suggesting items relating to the environment, and Councilmember Kruller referenced a public comment letter that was sent to the Committee. Chair Seal recommended that these items be addressed by the Committee of the Whole. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. B. Consultant Selection: Public Safetv Plan Staff is seeking Council approval of an agreement with Shiels Obletz Johnsen (SOJ) in the amount of $2,694,716 for Project Management Services for the Public Safety Plan projects. Councilmember Robertson stated that the model proposed in this agreement lacks a single point person as project manager. A City Council work session is planned for early January to allow the Council to thoroughly discuss the project components. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. C. Interagency Agreement: Disposition Research Specialist Staff is seeking Council approval of an interagency agreement with the Washington State Patrol to accept grant funding in the amount of $56,475 for a Disposition Research Specialist. The Police Department has identified a significant number of records that need to be corrected due to incompatibilities with the SCORE facility record system. The new position will serve to correct 55 56 COUNCIL AGENDA SYNOPSIS ---------------------------- - - - - -- Initial r Meelin Date Prepared by Ma or' i � rep ew Council review 12/12/16 IT EMERNEALUM ITEM NO. 4.E. & Spec 2.F. 'IVA ISTAPT'SPONSOR: JOSEPH TODD IORIGIN,i1,A(,,I3NI)ADA-I'l.-,": 12/12/16 A(,, FNDA In,"m Trri-j',' Authorize the Mayor to sign and approval to spend $108,000 already budgeted for 2016 to renew the Microsoft Enterprise Agreement for another 3 year term ending in 2019 CATEGORY ❑ Discussion Mt g Dale 12112116 Motion Mtg Date 12112116 ❑ Resolution Atg Dale ❑ Ordinance Aftg Dale ❑ Bid.Award At g Date F-I.Public Hearing Afig Dale F-1 Other Mt g Date SPONSOR ❑ Council [:] Mayor ❑ HR ❑ DCD [].Finance [:].Pire E IT ❑ P&R ❑ Police ❑ PIF1 , SPONSORI, S Council is being asked to authorize the mayor to sign the 2016 Microsoft Enterprise summ'\Ry Agreement for another three year term ending in 2019. It has been a great benefit for the City to have all installations of Microsoft Office standardized, allowing for better collaboration and increased efficiency when collaborating on important documents internally between staff and externally with contractors and business contacts. The agreement has also allowed the city to transition to Office 365 cloud based capabilities. RBXiEW]-J) BY ❑ cow mtg. [:] CA&P Cmte E F&S Cmte [:] Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/06/16 COMMIT TEE Cl-TAIR: SEAL RECOMMENDATIONS: SPONSC)R/At)MIN. Mayor's Office/TS Department COMMA -I'EE FS 12/06/16; Forwarded to 12/12 C.O.W. COST IMPACT / FUND SOURCE ExPVNDITURIs' M,1'QLJ[RF'D AMOUNT BUDGETED APPROPRIATION REQUIRED $108,000 $108,000 $0 Fund Source: SOFTWARE 000.12.518.880.49.01 Comments: MTG. DATE RECORD OF COUNCIL ACTION - 12/12/16 MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 12/06/16 Microsoft EA Agreement (4 Documents) Enterprise Agreement Spread sheet from Software One itemizing the cost Minutes from the Finance and Safety Committee meeting of 12/6/16 'IVA rp-a n. MC City of Tukwila Allan Ekberg, Mayor TO: Finance and Safety Committee FROM: Joseph Todd, Director of Technology and Innovation Services CC: Mayor Ekberg DATE: 12/06/2016 SUBJECT: Microsoft License Renewal ISSUE Our Microsoft Enterprise License Agreement (EA) has expired and it's time to renew. Our last renewal took place in November of 2013 and it was for a three-year term. BACKGROUND The Council authorized the Mayor to sign our second Enterprise Agreement (EA) with Microsoft in 2013, which allowed for the continued licensing and versioning standardization of Microsoft products on all City computers. The 2013 - 2016 purchase was funded through the IT general budget, and money was set aside in the 2016 budget in anticipation of the renewal. DISCUSSION It has been a great benefit for the City to have all installations of Microsoft Office standardized, allowing for better collaboration and increased efficiency when collaborating on important documents internally between staff and externally with contractors and business contacts. The agreement has also allowed the city to transition to Office 365 cloud based capabilities extending our collaboration abilities even further with tools like SharePoint, OneDrive, and cloud based productivity tools like (Word, PowerPoint, and Excel). This renewal will allow the EA to continue for the next three-years and support the City's Strategic Plan goal of a high performing and effective organization. We will be able to continue installing the latest versions of Microsoft software and operating systems as they become available, and have the additional capabilities of Office 365 cloud based tools. FINANCIAL IMPACT: The total financial impact is $108,000 including tax. RECOMMENDATION Council is being asked to forward this renewal agreement to the December 12, 2016 Committee of the Whole Meeting and Consent Agenda to follow the same evening. ATTACHMENTS Microsoft Enterprise agreement contract (4 documents) Enterprise agreement Spread sheet from Software One itemizing the cost. 59 AM r Microsoft Previous Enrollment(s) /Agreement(s) Form Entity Name: City of Tukwila Contract that this form is attached to: State Local Government For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate,, Government Partner, Institution, or other party entering into a volume licensing program agreement. Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s), and /or Affiliate Registration(s) being renewed or consolidated into the new contract identified above. a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed. b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the program codes, to this new contract. c. An Open License cannot be used to transfer either the SA Benefit details or MSDN subscribers. d. The date of the earliest expiring Enrol lment/Agreement that contains SA or Online Services will be the effective date of the new contract (or SA coverage period for Select Plus). e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online Services in the appropriate fields of the new contract. PrevEnrAgrForm (VWV)(ENG)(Apr20l6) Page 1 of 1 61 62 Microsoft Enterprise E ^ ro'^TeM+ Enterprise Enrollment number (Microsoft mcomplete) Previous Enrollment number (Reseller to complete) 8940112 State and Local Framework ID (if applicable) This Enrollment must be attached to a signature form to be valid. ThisPWiorosoftEnbarpriaaEnvo||mentioenteredintobotweentheentiUeoasident�-- he -�gnaturefonn as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terMs'of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4),,-the-Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted, under-this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions',of th'e Enterprise Agreement. All terms used but not defined are located at http://www.Microsbft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software, Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expi ration, "Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of thle applicable initial or renewal term for each year this Enrollment is in Term. The initial term ofthie-Enno|kBentwill expire on the last day of the month. 36 full calendar months from the effective date of the,initisx,term. The renewal term will expire 3G full calendar months after the effective date of the renev�dterrn� - - - ^�Conditions ������ ���� 1. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following, definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. Ea2018EnrGm4US)SL6(EN{)(Nvv2O16) Page 1 of 10 Document X20-10634 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United "States Government. "Government" means a Federal Agency, State /Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that `are provisioned in Microsoft's multi- tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800 -145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any,,device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi- function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task - specific software program (e.g. a computer -aided design program used by an architect or a point of sale program) ( "Industry Program "). The device may'include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ( "VDI "). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled,, Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified _Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post- transaction assistance related to this agreement; "Reserved License" means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 2 of 10 Document X20 -10634 •, "State /Local Entity" means /1> any agency ufa state or local government in the United 8batem, or (2) any United States county, borough' uommonwoalth, chv' municipality, town, hownahip, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means o federally-recognized tribal entity performing tribal governmental functions and eligible for funding and aen/imas from the U,S. Department of Interior by virtue of its status as an Indian "Use Rights" meano, with respect to any licensing program. the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The- � Rights supersede the terms of any end user license agreement (on-screen or otherwise) that -- accompanies a Product. The Use Rights for Software are published byK8iorosoftin the Product Terms. - for Online Services are published in the Online Services Terms. "Volume Licensing 8it*" means http://www.micnoeoft.nom/|ioenoing/contnacta or successor -� _ . -�� __ -- - 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order mu Tn-- at least 250 Licenses for Enterprise Products nr Enterprise Online Services. (i) Enterprise it t Enrolled Affili Qualified Users or Qualified Devices, depending on:,'the License Type, with one or more Enterprise Products or a mix of Enterprise- Prdduc ' ts and the corresponding Enterprise Online Services (as long as all Qualified ' Devices 'hot covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. , If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon Affiliate may order Additional Products. -. Use Rights for Enterprise ~ more restrictive use rights' than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. -' Country — of us Affiliate ^ ^'~~^s,~~^/ the countries where ^'~~^~^~ will be used on its | any additional orders. e. ReaeUers. Enrolled Affiliate must choose and maintain a ReaoUorouthohzed in the United States. ' Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled '.'�'Affili6ie determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. t Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or ReseUer. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Sorvioes, an initial order for the Online Service is required prior to use. EA2016En 18) Page 3nf1O Document X20-10634 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must boordered prior to use. unless the Online Services are (1) identified as eligible for true-up in the Product Terms or(2) included as part of other Licenses. 0. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no ohanges, then an update statement must be submitted instead ofa true-up order. (i) Enterprise Products. For Enterprise Producto, Enrolled Affiliate must determine the number ofQualified Devices and Qualified Users (if ordering timethetrue-upond*riop|acedundmuatonderadditione|Licenaenfora(]ua|— d -- UDevices and Qualified Users that are not already covered by existing Licens i any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously — —ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order. the last, true-up, order. or the prior anniversary date and submit true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as,eligible, fo r true-up in the Product Terms, Enrolled Affiliate may place o reservation ords�f��the additional Licenses prior to use and payment may be deferred i| order. Microsoft will provide o report of Reserved Licenses ordered but not invoiced to Enrolled Affiliate and its Rose||er. Reserved Licenses will be invoiced retroactively to the month in which they were ordered. - -- (iv) Subscription License nmductko ns. ,~,'_|�d Affiliate may reduce the quantity of Subscription Licenses at the Enrollment 'anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or, exceeds thd- quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional,Qualifibd Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are 3) For'Additional Products available as Subscription Licenses, Enrolled Affiliate may use of the applicable Subscripdc . jxan"=wi||becan'eUec.-' then —'-'--�'�--'-- will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of true-up order if, -�� since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not changed the number ofQualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between SD and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate sA2010EnnGm4US)SoG(ewG)(mov2U18) Page 4nf10 Document X20-10634 may submit true-up orders more often to account for increases in Product usage, but an annual true-up order ur update statement must still be submitted during the annual order period. (vii)Late true-up order. If the true-up order or update statement is not received when due. Microsoft will invoice ReoeUer for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, aeapp|icab|e). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up toa higher edition or suite osfollows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. --- ��r (ii) If step-up Licenses are not included on an initial order ' Enrolled A_ �n- a ge,-n' .ay step-up initially by following the process described in the Section titled "Adding d to not previously ordered," then for additional step-up Licanoee, by following the true-up order process. L C|ehoe| errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this EnroUm*ni, by providing emai| and a reasonable opportunity for Enrolled Affiliate to object to the coneoU�n� Clerical errors include minor miotakes, unintentional additions and omissions. This,- vision does not apply to material terms, such oe the identity, quantity or price ofa, Prod red. _ - '. Verifying compliance. Microsoft may, in its discretion at its expense, verify compliance with this Enrollment as set forth in the EntarpriedAOreeUnent. 3. Pricing. _ _ a. Price Levels. For both the initial and any, renewal henn Enrolled Affiliate's Price Level for all Products ordered under thi's Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliat each Product or Service will be established byits Resell Reseller. Except f Online, ated in the Product Terms as being exempt from fixed pricing, As long Enrolled Affiliate continues to qualify for the some price |evo|. Microsoft's prices for,Resell rs for each Product or Service ordered will be fixed throughout the applicable initial or'ren Enrollment term. Microsoft's prices to Rese||ers are reestablished ot the beginning of the msnewa|term. 4. Payment � For the initial oE renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment, term. If an upfront payment is e|eoted. Microsoft will invoice Enrolled Affiliate's RenoUeriofuU-u acceptance of this Enrollment. If spread payments are e|eobsd, unless indicated otherwise, K8�rosoftvvi|| invoice Enrolled Affiliate's Reoe||arin three equal annual installments. The first instaUment will be invoiced upon Microsoft's acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. End of Enrollment term and a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. Ex2816EnxGovUG)GuG<EwG;(wu,2U16) Page 5of10 Document X20-10634 b. Renewal option. At the Expiration Date of the initial term. Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-mondh tonn orbvsigning a new Enrollment. Microsoft must receive a Renewal Fonn, Product Selection Funn, and nonevve| order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates toentorinto new agreements and Enrollments otrenewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. |f Enrolled Affiliate elects not to renew Software Aoe for Produotunder�sEnroUment.dhenEnroUedA�|iotewiUnotbepann�edhoo Software Assurance later without first acquiring a new License with Software Assuranc -- (ii) Online Services eligible for an Extended Term. For Online Services e for an Extended Term in the Product Terms, the following options are available'at the end of the Enrollment initial or renewal term. I-�' 1) Extended T Licenses for Online Services with the terms of the Enrollment. An extended term feature that allows'Online Services to continue month-to-month ("Extended Term") for up to one year, unless designated in the Product Terms to continue until cancelled, is available. During the Extended Term, Online Services will be invoiced monthly at,the then ' -current published price as of the Expiration Date plus a 3% administrativ6'f6b,,, If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a "eequest to Microsoft at least 30 days prior to the Expiration Date. 2) during the first year of the Extended Term, Enrolled 8ff|||ote may termlinate the Extended Term by submitting a notice of cancellation to Microsoft fur,ea Service. Thereaftar, either party may terminate the Extended ing the other with a notice ofcancellation for each Online Service. Conou||edonxvi||bee�ecdveat the end of the month following 3U days after ��iunoaofthe�received�r issued the notice. � (iii) Subscription Liconsesemd-6n|ine Services not eligible for on Extended Term. If Enrolled Affiliate elects not toren'ew, the Licenses will be cancelled and will terminate as of the Expiration Dat&,,Any,,ass66iated media must be uninstalled and destroyed and Enrolled Affiliate's,,� Enterprise must discontinue use. Microsoft may request written certification to verify, compliance. d. Termination fmrl,,nau����Any termination for cause of this Enrollment will be subject to the "Termination - section of the Agreement. In addition, it shall be a breach of this Enrollment, if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Comm drGemices fails to meet and maintain the conditions of membership in the definition ofC6'mmunity. e. _ Early termination. Any early termination of this Enrollment will be subject to the "Early Ter8InatiVn^GaotionoftheEnterprioeAgnaemenL _ -�--�� For Subscription Limanaeo, in the event ofa breach by Microsoft, orif Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue ResnUera credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Semices, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services byan entity that is not a member of the Community or to provide services to non-Community members is strictly EA2016En 10) Page Gof1O Document X20-10634 prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. � d. Use Rights for Government Community Cloud Services. For Government — Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: �---�� (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, ea set forth in the Use Rights, will not,aIpply. - (iii) References to geographic areas in the Use Rights with respect to,the � location ofCustomer Data at nyst, as set forth in the Use Rights, refer only totheL)nihsd States. _ - -- -— _ -- -- - _ _ _ _ -- - _ _ -� _ _ Ex2016EnxGvvUS)SL8(ENE)(Nnv20l5) Page ruf1U Document X20-10634 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: * Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): ❑ Enrolled Affiliate and all Affiliates, with following Affiliates) excluded: b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the.information in the following contact information page(s) changes. The asterisks ( *) indicate required fields. By. providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https:// www. microsoft .com /1icensinq /servicecen.ter; a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Tukwila Contact name '* First Joseph Last Todd Contact email address* Joseph.Todd @TukwilaWA.gov Street address* 6200 Sounthcenter Blvd City *,,Tukwila State %Province* WA Postal code* 98188-2544 - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx -xxxx) Country* United States Phone* 206 - 433 -7150 Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. EA2016EnrGov (US)SLG(ENG)(Nov2016) 70 Page 8 of 10 Document X20 -10634 Z Same an primary contact (default ifno information ia provided below, even if the box ionot checked). Contact name* First Joseph Last Todd Contact email address* Jooeph.Todd@Tukwi|aVVA.Qov Street address* 62O0SounthoantarBlvd City* Tukwila Stote/Provinoe°VVA Postal code* Q8188-2544- (For U.S. addressea, please provide the zip +4. e.g. xxxxx-xxxx) Country* United States Phone* 206-433-7150 Language preference. Choose the language for notices. English — O This contact is a third party (not the Enrolled Affiliate). Warning: This�o0ntaotreceives personally identifiable information of the Customer and its Affiliates. ^indicates required fields c. Online Services Manager. This contact ioauthorized to ma - -- Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior too true-up order. _ Fl Same an notices contact and Online Administrator if no information is provided below, even if box is not checked) Contact name*: First Joseph Last Todd Contact email address* Joseph.Tndd@Tukwi Phone* 206-433-7150 O This contact ia from a third party organization the entity\. Warning: This contact receives personally identifiable information ofthejentt6-- °indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SoftwareONE, Inc. Street address (PO boxes,will,not beaccepted)* O875 Crossroads Circle, Suite 1 City* Waukesha State/Province* WI Postal code* 531,86-4063 Country* United, ' States Contact name,* M'S* Admin Phone* 262-317-5555 Contact email, ' amoress'ms-aomm.us@so/mvananne.nom * indicates required fields By, signing below, the Resekar identified above confirms that all information provided in this Enrollment is correct. _ _ - Signature*__ Printed name* Printed title* Date* °indicmtem required fields Changing oReow|or. |f Microsoft or the Resakar chooses ho discontinue doing business with each other, Enrolled Affiliate must choose a replacement ReseUer. |f Enrolled Affiliate orthe Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the EA2016EnpGmv(US)SL6(ENE)(wo,2O16) Page 8nf1V Document X20-10634 other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. |f Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. (}bho/mi*e, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM)contact 3' Financing elections. |sa purchase under this Enrollment being financed through W1SFinancing? OYas; 9 If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. _ - -- - -- --- — - -- _ __ -- _ - -_ -_ - _ _ _ _ _ ex2015enxGuvUG>SLG(ENG)<Nm2ul6; Page 1Vo/1O Document X20-10634 M Microsoft Volume Licensing Amendment to Contract Documents Enrollment Number Microsoft to Complete 000 - jorob -s -1587 This amendment ( "Amendment ") is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement. Enterprise Enrollment Yammer for GCC Amendment ID M318 This amendment ( "Amendment ") is entered into between the parties identified on the signature form for the enrollment identified above ( "Enrollment "). All terms used but not defined in this Amendment will have the same meanings provided in the Enrollment. The parties agree that the Enrollment is amended as follows: 1. Defined terms. "Yammer Enterprise" means the multi- tenant service offering, Yammer Enterprise,;. as described in the Product Terms. 2. Additional Rights to Yammer Enterprise. Customer or Enrolled Affiliate has purchased user subscription licenses ( "USLs ") under the Enrollment for at least one of the following Office 365 for Government offerings ( "Qualifying Office 365 -G Suites "). • Office 365 Government E1 (formerly G1) • Office 365 Government E3 (formerly G3) • Office 365 Government E4 (formerly G4) Following its execution of this Amendment, each of Enrolled Affiliate's users assigned to a USL for a Qualifying Office 365 -G Suite is entitled to use Yammer Enterprise for the duration of the USL subscription term, at no additional cost, subject to the terms and conditions of this amendment. Enrolled Affiliate may also purchase Yammer Enterprise USLs from its Reseller, for its other users who are not licenses for a Qualifying Office 365 -G Suite, by ordering additional Yammer Enterprise USLs at the then - current price for such USLs. Enrolled Affiliate may not assign any Yammer Enterprise USLs provided at no additional cost under this Amendment to any users that are not assigned to a Qualifying Office 365 -G Suite. Microsoft's provision of Yammer Enterprise under the Enrollment will be subject solely to the terms of the Enrollment, Agreement, Online Services Terms and Product Terms that are applicable to Yammer Enterprise, except as otherwise provided in this Amendment. Yammer Enterprise is provided in a "public cloud," not in a "community cloud," as such terms are defined in NIST Special Publication 800 -145. It is neither part of, nor a component of, Office 365 for Government. In the event that Microsoft integrates Yammer Enterprise features or functionality into any Office 365 for Government Online Service, Microsoft makes no representation or warranty that Enrolled Affiliate will be able to migrate its Customer Data from Yammer Enterprise to Office 365 for Government, nor that any such migration (if possible) will be performed by Microsoft at no cost. 73 |n order to provide Yammer Enterprise to eligible uoersofUua|ifvingOffice3O5-GSuitesatnoaddhiona| cost as set forth above. Microsoft will invoice Enrolled Affiliate's ReseUer for the applicable SKU at $0, for a quantity of Yammer Enterprise not to exceed, in aggregate, the total number of Licenses Enrolled Affiliate has purchased for Office 3O5-GSuites. Enrolled Affiliate may be required to issue apurchase order to its Reaa||er for this. In the event that Enrolled Affiliate adds more U8Lo for Qualifying Office 365-G Suites to its Enterprise during the remainder of the Enrollment's term, it may request additional Yammer Enterprise USLo for the users of such Suite USLs, butwill not be entitled to any credit or refund for amounts paid for Yammer Enterprise U8Ls for any such users before they became licensed for Qualifying [)ffioo 365-G Suites. Such addition may require Enrolled Affiliate to execute an additional Amendment, which will be consistent with the terms and conditions of this Amendment. It is the intent of Microsoft that the terms of this omendment, and the provision of Yammer Enterprise at $0 (for the limited purpose set forth abovu), be in compliance with all applicable federal, state and local laws and regulations. All Products are provided under this Amendment for the sole use and benefit of Enrolled Affiliate for its government functions only, and are not provided for use by or personal benefit of any government employees. This Amendment shall automatically terminate upon any termination or expiration of the Enrollment. In addition, Microsoft shall have the right to immediately terminate this Amendment in the event Customer breaches any obligation in this Amendment. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment orAgreement identified above, this Amendment shall control. , ` � ^ ` w v^ ~ ' _' v Enterprise Enrollment (Indirect) Invoice for Quoted Price Amendment ID M97 Notwithstanding anything to the contrary or in addition to any terms in the Enrollment, the Enrollment is hereby amended to add the following paragraph: The price quoted to Enrolled Affiliate's Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate's Reseller based on this fixed price quote. If this order is submitted later than the estimated order submission date, Enrolled Affiliate's Reseller will be charged for net new Monthly Subscriptions (including Online Services) for the period during which these services were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate's Reseller. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control. This Amendment must be attached to a signature form to be valid. Microsoft Internal Use Only: EnrAmend Yammer.for GCC ENG Ju12015 M318 B EnrAmend Ind InvoiceforQuoted Price) (EN G) A r2016 M97 `B 75 Enterprise Enrollment Product Selection Form Proposal ID 0548038.002 Language: English (United States) Microsoft I Volume Licensing Enrollment Number Office 365 Plans Office 365 Plan E3 USL 430 Client Access License (CAL), Enterprise CAL ECAL Bridge for Office 365 From SA 430 Windows Desktop Windows Enterprise OS Upgrade 330 Windows VDA 10 Price Group 1 2 3 4 Enterprise Products Office Professional Plus + Client Access License + Client Access Win E3 + Win E5 + Office 365 ProPlus + Office Office 365 (Plans E1, E3, License + Windows Win VDA + Secure 365 (Plans E3, E4 and E5) + E4 and E5) + Secure Intune + EMS USL + Productive Secure Productive Enterprise Productive Enterprise Secure Productive Enterprise Enterprise Quantity 430 430 0 340 Product` Offering;/ Pool Price Level Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Groups 1 through 4. D Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1. D Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from Group 2 or 3. D Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4. D 76 Page 1 of 2 Enterprise Enrollment Product Selection Form Microsoft I Volume Licensing Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price level mapping below: Quantity of Licenses and Software Assurance Price Level 2,399 and below A 2,400 to 5,999 B 6,000 to 14,999 C 15,000 and above D Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. Note 2: Unless otherwise indicated in associated Agreement documents, the CAL selection must be the same across the Enterprise for each Profile. Note 3: Enrolled Affiliate acknowledges that in order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that it has acquired qualifying operating system licenses. The requirement applies to Windows Enterprise OS Upgrade.See the Product List for details. I Note 4: Enrolled Affiliate acknowledges that in order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that it has acquired qualifying operating system licenses. See the Product List for details. Note 5: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "A" throughout the term of the Enrollment. Refer to the Qualifying Government Entity Addendum pricing provision for more details on price leveling. Page 2 of 2 77 ONE* In %F f Software Quote Quoted by Jan Edwards, Software One, 20875 Crossroads Circle Ste 1 , Waukesha, Wl 53186-4093 Phone 406-295-4548, janice.edwards@softwareone.com Quoted to: City of Tukwila Date 1112912016 MS EA Renewal Important: Please provide the email address of the recipient designated to receive a Software One "order confirmation" Quantity Part # Description Unit Price Ext. Price 430 AAA-12436 ECALBrdg0365FSA Alng MonthlySub Platform Per User $ 28.75 $ 12,362.97 430 AAA-1 1924 1MVL 0365GovE3fromSA ShrdSvr ALNG SubsVL PerUsr $ 154.32 $ 66,357.60 1 J5U-00004 AzureMntryCmmtmntG ShrdSvr ALNG SubsVL MVL Commit Provision $ - $ - 330 KV3-00353 WINENT ALNG SA MVL Pltfmn $ 35.56 $ 11,734.99 10 4ZF-00033 VDA ALNG SubsVL MVL Pltfrm PerDvc $ 59.77 $ 597.72 2 7NQ-00292 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic $ 578.97 $ 1,157.94 16 9EP-00208 SysCtrDatactrCore ALNG SA MVL 2Lic CoreLic $ 48.52 $ 776.35 8 9EN-00198 SysCtrStdCore ALNG SA MVL 2Lic CoreLic $ 18.09 $ 144.72 24 9EA-00278 WinSvrDCCore ALNG SA MVL 2Lic CoreLic $ 125.00 $ 3,000.00 8 'T _6 9EA-00279 WinSvrDCCore ALNG SASU MVL 2Lic WinSvrStdCore CoreLic $ 248.36 $ 1,986.92 9EM-00270 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic $ 18.09 $ 289.44 430 7LU-00002 YammerEnt ShrdSvr ALNG SubsVL MVL PerUsr $ - Product-total $ 98,408.65 Sub-Total $ 98,408.65. Tax Need to add WA Sales Tax $ Shipping No Charge Total $ 98,408.65 M Finance and Safety Committee Minutes .............................................................................. ............................... December 6, 2016 the records and ensure the right processes are in place going forward. The position is temporary and the City will be 90% reimbursed, or $50,827.50. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 SPECIAL CONSENT AGENDA. D. 2016 Second Quarter Cash and Investment Report Staff presented the 2nd Quarter Cash and Investment Report for 2016, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment. At June 30, 2016, the portfolio totaled $54.5 million comprising $43.4 million in cash and cash equivalents and $11.1 in longer term investments. The portfolio balance increased by $1.9 million from the March 31, 2016 balance. INFORMATION ONLY. E. 2016 Third Quarter Sales Tax Report Staff presented the 2016 3rd Quarter Sales Tax and Miscellaneous Revenue Report, including details on retail sales tax, gamblingtax, and admissions tax revenues with sale tax broken out by industry classifications. Total sales tax collections for the 2nd quarter were $270K below those for the same period last year. INFORMATION ONLY. F. 2016 Third Quarter Police Department Report Staff updated the Committee on Police Department items of significance that occurred during the 3rd quarter of 2016. The information included a staffing update, highlights, and crime statistics. The Committee requested location information on the robberies that occurred in the 3rd quarter. Councilmember Kruller asked how Tukwila has been affected by the regional opioid crisis. At this time, overdose deaths have not significantly increased in Tukwila but drug addiction is a likely factor in property and auto related crimes. INFORMATION ONLY. III. MISCELLANEOUS Microsoft License Renewal Staff is seeking Council approval to renew the Microsoft Enterprise License Agreement for an additional three -year term in the amount of $108,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. Budget Amendment Relating to Public Safety Bond Issuance Staff requested an addition to the December 12, 2016 Committee of the Whole agenda of an ordinance to amend the 2016 budget to reflect costs of the issuance of the Public Safety Bonds. If agreed to by the Committee, staff will prepare an ordinance and memo for the agenda. UNANIMOUS APPROVAL. i' • :1 COUNCIL AGENDA SYNOPSIS nifials Meefin ,g Date Prepared by Mayor's review cil review 12/12/16 DCS C- ❑ Ordinance Mt g Date ❑ Bid Award Mt g Date [:1 Public.Fkaning Mt g Date ❑ 01be Mig Date V SPONSOR'S Staff requests Council to authorize the Administration to enter into negotiations with SUMMARY HealthPoint Community Health Center to purchase and develop the four parcels of land the City owns at 14420, 14440, 14442, and 14452 Tukwila International Boulevard (formerly the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop plus assessor parcel number 004000-0255 for fair market value. Ri-,vi71',1WI.',1D BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMI'I'fEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office CoMMI'I'I'j"1I;. COST IMPACT / FUND SOURCE ExPiINDITURF Rii1'(2ujRu1i) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: NOT APPLICABLE Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 I k 9:4 LVI I I i! I WQ V JA F-11 0 W11 ITEM NO. 4.F. & Spec 3.A. Ny ISTA1,F SPONSOR: DEREK SPECK 12/12/16 A(,.INl)/\ PI Em Trrji" Developer Selection for Motel Site CATIX-3011Y Z Dis ussion Altg Date 12112116 Z Motion Mig Dale 12112116 ❑ Resolution Alig Date ❑ Ordinance Mt g Date ❑ Bid Award Mt g Date [:1 Public.Fkaning Mt g Date ❑ 01be Mig Date SPONSOR ❑ Council Z Mayor [:] FIR DCD E].Finance O.Fire ❑ TS E]P&R ❑ Police ❑ PIV SPONSOR'S Staff requests Council to authorize the Administration to enter into negotiations with SUMMARY HealthPoint Community Health Center to purchase and develop the four parcels of land the City owns at 14420, 14440, 14442, and 14452 Tukwila International Boulevard (formerly the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop plus assessor parcel number 004000-0255 for fair market value. Ri-,vi71',1WI.',1D BY ❑ cow mtg. ❑ CA&P Cmte ❑ F&S Cmte F-1 Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMI'I'fEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office CoMMI'I'I'j"1I;. COST IMPACT / FUND SOURCE ExPiINDITURF Rii1'(2ujRu1i) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: NOT APPLICABLE Comments.- MTG. DATE RECORD OF COUNCIL ACTION 11/14/16 Discussion MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 12/7/16 Exhibit A: Map of Properties Exhibit B: Application from El Centro de la Raza Exhibit C: Application from HealthPoint Ny FM City of Tukwila Allan Ekberg, Mayor TO: City Council FROM: Derek Speck, Economic Development Administrator CC: Mayor Ekberg DATE: December 7, 2016 SUBJECT: Developer Selection for Motel Site ISSUE City Administration requests the Council select an organization to purchase and develop the four parcels of land the City owns at 14420, 14440, 14442, and 14452 Tukwila International Boulevard, plus parcel number 004000 -0255 on South 146th Street. BACKGROUND In 2014 and 2015 the City purchased the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop properties located at 14420, 14440, 14442, and 14452 Tukwila International Boulevard to reduce crime and revitalize the neighborhood. The Sam Smoke Shop property also included a small vacant parcel on South 146th Street (assessor parcel number 004000- 0255). A map is attached as Exhibit A. In 2016 the buildings were demolished and the land is now vacant. At the time of the acquisition the City had planned to sell the properties and currently has budgeted the sale to occur in 2018. In late October and early November, the City received letters from two organizations, El Centro de la Raza (El Centro) and HealthPoint Community Heath Center (HealthPoint), both expressing interest in purchasing the properties. Both organizations have expressed a desire to seek funding for their proposed development from Washington State in the 2017 -18 biennial budget. That process begins during the upcoming legislative session, which starts this January. HealthPoint anticipates the State funding could be as much as $3 million and that an organization would need to have been selected by the City to be competitive for State funding. In November, the City Council approved a developer selection process and staff issued a Request for Statements of Interest and Qualifications (RFQ). Applications were due on December 5th and the City received two submittals. The applications are from El Centro and HealthPoint and are attached as Exhibits B and C. DISCUSSION The Administration believes both applicants are highly qualified and missions that are beneficial to Tukwila as such we will continue to help both in their effort to develop in our City. The applications include many pages of information. City staff has summarized most of the information in the table below as a quick reference guide; however, it is important to refer to the full applications to have a more complete understanding of the proposals. FW INFORMATIONAL MEMO Page 2 Applications Summary Table El Centro HealthPoint Organizational Mission "Our mission is to build the "Our mission is to strengthen Beloved Community through communities and improve unifying all racial and people's health by delivering economic sectors; to organize quality health care services, empower, and defend our breaking down barriers and most vulnerable and providing access to all." marginalized populations; and to bring justice, dignity, equality, equity and freedom to all the peoples in the world." Organization History 501(c)3 founded in 1972. 501(c)3 founded in 1971. Currently has 125 employees Currently has 740 employees. and a $10 million annual Operates at 14 locations in budget. Operates 49 King County providing programs and services for comprehensive health care to residents of King County 84,000 patients, primarily low serving a diverse and low income (16% have no income families and insurance and 37% are individuals. underinsured). Primary Use of the Site Affordable Housing: 100 to Health and Wellness 120 apartments with a mix of Resource Center. primary one, two, and three bedrooms medical care, primary dental affordable to individuals and care, behavioral health, families earning 30%-60% of pharmacy, health and AMI. wellness classes Additional Uses of the Site Commercial spaces for Mental health and substance community services such as use; women infant and El Centro satellite office and children's nutrition services child development; a farmers' (WIC); maternity support market (plaza), a marketplace services (MSS); rotating with small, family-owned specialty care (dermatology, businesses; a commercial, sports medicine, cardiology, commissary kitchen for small oral surgery, etc.). businesses. Possible Uses of the Site Examples at Plaza Roberto Shared spaces for classes in Maestas are: credit union; exercise, cooking, nutrition, coffee shop; restaurant. music, art, technology, and legal; daycare; financial services/banking; social Fir, INFORMATIONAL MEMO Page 3 W., service navigation. Uses the Applicant Will Health and/or dental clinic. Affordable housing. Consider (based on City interest) Land Purchase Price At or below fair market value. At fair market value. May request partial land contribution. City Revenues Property tax exempt Property tax exempt Sales tax on construction Sales tax on construction Sales tax on retail space Sales tax on purchases from Sales tax on purchases from employees (and residents, if employees and residents. included). City Costs No request for special No request for special ongoing City services. ongoing City services. Applicant Development El Centro is the developer and HealthPoint completed at Experience owner of Plaza Roberto least three major construction Maestas, a $45 M mixed-use, projects and 12 alteration and affordable housing renovation projects in the past development located at 2524 10 years. The most recent 16th Avenue South in Seattle major construction project is which opened in 2016. HealthPoint Midway located at 26401 Pacific Highway South in Des Moines. Development Team Beacon Development Group Architect and general Experience is a highly qualified and contractor not identified in the experienced affordable application. housing development consultant. SMR is a highly qualified and experienced architecture firm with expertise in mixed-use, transit oriented projects. Owner Financial Capacity Would seek potential $11 M currently available. acquisition bridge loan from the Washington State Housing Finance Commission. Project Financing Plan The financing plan is The financing plan is achievable in that it would be achievable in that HealthPoint similar to the financing El has arranged financing for Centro arranged for Plaza multiple projects. However, Roberto Maestas. their vision for this site is larger than their other projects and they have not developed W., INFORMATIONAL MEMO Page 4 L: I . or financed affordable housing and would need a qualified consultant or partner. Project Timeline El Centro identified logical HealthPoint estimated 4 to 5 milestones but not a specific years. timeline. Environmental Sustainability Project would be built to Project will explore LEED Evergreen Sustainable Design certification and possibly the Standards. See application for Living Building Challenge and additional details. net zero energy consumption. See application for additional details. Key Policy Requests The project may need a None requested. reduction in the city's required number of parking spaces. Construction Quality El Centro has an incentive to HealthPoint has an incentive build with quality because to build with quality because they would own the project they would own the project long term. See application for long term. See application for additional details. additional details. Management Quality El Centro has incentive to HealthPoint has incentive to manage the project in a high manage the project in a high quality manner because they quality manner because they would own the project long would own the project long term. See application for term. See application for additional details. additional details. Economic Benefits Local businesses would Local businesses would benefit from expenditures benefit from expenditures from residents (1100 to 120 from residents (if included) households) and employees. and employees. Employment 19 permanent jobs onsite. 100 permanent jobs onsite. Community Engagement El Centro is committed to civic HealthPoint was a founding involvement, grassroots partner for Global to Local, organizing and social activism which provides organizational and would engage the structure to the City's community in the Community Connectors development of the site and outreach program. has experience in doing so at HealthPoint would engage the Plaza Roberto Maestas. community in a needs assessment. Community Knowledge El Centro understands the HealthPoint understands the L: I . INFORMATIONAL MEMO Page 5 Development and Construction Considerations In terms of development and construction, both organizations are highly qualified to complete the projects 8SpnDDOGed.Theyh8veprOv8nHxpeheDCeiO8SG8mb|iDg financing and development teams. El Centro has more experience in developing affordable housing than does HHR|thP0iDt.|fH88|1hPOiDtiDcudes affordable housing, they would need to partner with 8D experienced affordable housing developer. Financing affordable housing iS complex and can add significant time tO@ project. HealthPoint is in a stronger financial position to move forward faster based on Owner Financial Capacity (listed 8bDve). Both organizations would own and manage the site and, RSsuch, would be committed to quality construction and ongoing management. in terms of ongoing operations, both organizations are very experienced in providing ongoing services iO the primary and additional uses they proposed (see chart 8b0ve).H8RUbPOiDtiG stronger in healthcare and B Centro iG stronger iD managing affordable housing (approximately one year managing Plaza Roberto yW88Gt8s). RYA Tukwila community very well. Tukwila community very well. For many years El Centro has For many years HealthPoint's made their services available clinics in Renton and SeaTac to Tukwila residents. Since served Tukwila residents. In 2009 El Centro has helped the 2011 HealthPoint opened a residents of Rainbow Haven location in Tukwila and has on South 152nd Street meet since re-opened in another zoning, fire, and building Tukwila location and codes to avoid displacement expanded. HealthPoint and potentially homelessness. currently serves almost 2,000 Tukwila residents. Impact on School Districts Additional housing, and Health care facilities would be affordable housing, can affect within walking of Foster High the local school districts. and Showalter Middle If housing it included, or if affordable housing is included, it can affect the local school Other This cell is intentionally blank. HealthPoint would develop the buildings to an "essential facilities" standard so they would be able to serve the community in times of natural disaster such as an Development and Construction Considerations In terms of development and construction, both organizations are highly qualified to complete the projects 8SpnDDOGed.Theyh8veprOv8nHxpeheDCeiO8SG8mb|iDg financing and development teams. El Centro has more experience in developing affordable housing than does HHR|thP0iDt.|fH88|1hPOiDtiDcudes affordable housing, they would need to partner with 8D experienced affordable housing developer. Financing affordable housing iS complex and can add significant time tO@ project. HealthPoint is in a stronger financial position to move forward faster based on Owner Financial Capacity (listed 8bDve). Both organizations would own and manage the site and, RSsuch, would be committed to quality construction and ongoing management. in terms of ongoing operations, both organizations are very experienced in providing ongoing services iO the primary and additional uses they proposed (see chart 8b0ve).H8RUbPOiDtiG stronger in healthcare and B Centro iG stronger iD managing affordable housing (approximately one year managing Plaza Roberto yW88Gt8s). RYA INFORMATIONAL MEMO Page 6 Revenue: |n terms Vf one time city revenue, H8althPVDt would probably pay Rhigher price for the land. If He@lthPniDt does not include housing, B Centro would probably generate $100.000tO$200.000 in higher construction sales tax. In terms of ongoing city revenue, El Centro would probably generate higher sales tax due to more retail uses. Because the projects are in G very preliminary stage Of p|8ODiDg' any estimates Of annual sales tax would be very unpredictable. Alignment with City Values: Both organizations know Tukwila very well and have missions that align xve!|vvbhTVkvvk3'G goals. The table above shows the differences in types Df uses that are proposed. Those uses are appropriate at this location. Both organizations are well respected and their projects would be DOGiUwe for the Tukwila |Dtg[n8ti0n8| Boulevard neighborhood and the rest of Tukwila. Administration's Although the Administration very much appreciates both organizations and their proposals, to move forward with 8 development, the City will need iO select one organization tOlead development of the property. The Administration recommends the Council select He@lthPoiDi. There are many reasons but among the top ones are: (1) The comprehensive medical and health services would benefit many of Tukwila's residents and the activity and spending from employees and patients would benefit the neighborhood bUSiOeG8HG. Even if H8althPDinti8 not able h3 include affordable housing in the project we thiDK 8fk}rd8b|8 housing will develop On other sites in the neighborhood. The City can still work with El Centro to find such a site. i2\ It is a rare opportunity to expand comprehensive health care in a location that can more easily serve our entire community. HealthPoint has been seeking a new location in this neighborhood since 2012 when it hoped V} find space in Tukwila Village. (8) The City would [gcek/8 8 higher revenues due iO8 higher land price. Justice Center Relevancy In terms Of vvh8ihe[ to start n8Q0b81iODs at this bnl8. one key COOGid8[@tVn i8 whether the City wants to use the property for a new Justice Center to house the police department and UlVDicip8| COUM. VVH should D0t8 that this site is 1.7 @CR9s and the facilities plan 8GtiOO8t8d the Justice Center would need 5 acres. The City has not yet conducted 8 study Of possible sites for the Justice Center but the City can choose to complete that analysis before completing sale negotiations Vn the T|E3parcels. Even if the City starts negotiations with a developer, the City iG not legally bound tO complete those negotiations and sell the property. (]f course, Yv8dOnot want to conduct a selection process and enter into negotiations if the Council is not willing to even consider selling the property. INFORMATIONAL MEMO Page Options The Council has the following options: /1\ Authorize the Administration to enter into negotiations with one Of the developers. /2\ R0QVRGt staff tn conduct 8 more extensive proposal evaluation process. This could include more iDfo[OOEUiDn from the current applicants, more cOD10OVDib/ input' or starting the selection process over. This approach will miss the start (f the upcoming State supported funding window and may jeopardize state funding in this cycle. (3) Put the decision on hold until a later time. This would have the same effect on State funding G8 described above. Next Steps If the Council selects 8 dev8|OD8r. the Administration vvOV|d begin negotiations. 88fOr8 selling the property, the City will want tO see 8 more detailed plan for how the developer would use the site' vVh81 S8[viCeG would be D[Ovided, how the project will be financed, and RUOOe|ine. During that time, as key policy questions arise, the Administration will check back with the Council for direction. FINANCIAL IMPACT This item would have no financial impact at this time. If the City completes negotiations and the Council approves selling the property, the City would receive revenue from that sale. BUDGETIMPACT The City currently has budgeted $1'85O'OOO for the sale Of these properties iO2O18.|f the City does not sell the property, it will need tV remove the revenue projection fFn[nthHbUdget. RECOMMENDATION The Council is being asked to pass a motion authorizing the Administration to enter into negotiations with H88|1hPOint Community Health Centers iO sell the properties located 8t14420. 14440. 14442' and 14452 Tukwila |Dt8[n8tiOOG| Boulevard and assessor parcel number OO4OOO- 0255 for fair market value. Council is asked tO consider this item 8t the December 12,2O18 Committee Vf the Whole meeting and subsequent December 12.2016 Special Meeting. ATTACHMENTS Exhibit A: yW8p Of properties Exhibit B: Application from B Centro d8|aR8z@ Exhibit C: Application from HH@|ihPOiOt Exhibit A: Map of Properties r r- — - ,.. . . - --..y. -1101 1,41 s Parcels Under Consideration A: Great Bear Motel, 14420 TIB B: Boulevard Motel, 14440 TIB C: Spruce Motel, 14442 TIB D: Sam Smoke Shop, 14452 TIB gal ■ Note: Parcel D also includes a small parcel, APN 004000 -0255. Note: Parcel E, Travelers Choice Motel is not included in the developer ;election discussion. r 4- Updated: 12/7/16 92 EXHIBIT B El Centro de la Raza Application 93 M, Programs & Services With over 27,000 volunteer hours, El Centro de la Roza serves s6, 072 individuals and 9,989 families annually through the fallowing programs and services: Basic Healthcare Enrollment Bebes! Infant Mortality Prevention Cafe con El Centro Cesar Ch6vez Demonstration Garden College Readiness Comadres Community Meeting Space Community Service Crisis Advocacy Cultural / Political / Social Events Economic Development ECR Transitional Housing El Patio Apartments Employment ESL Classes / Spanish Classes Financial Empowerment Food Bank Foreclosure Counseling Growing & Learning Together Homeless Assistance Healthy Cooking Classes/ Nuestras Comidas Hope for Youth Poetry & Civil Rights History Classes HUD Housing Counseling Immigrant / Human / Civil Rights Social Justice Advocacy Jose Marti Child Development Center Latino Hot Meal Program Legal Clinic Site Local, State, National & International Coalition Building Luis Alfonso Velasquez Flores After School Program Parent -Child Home Program Plaza Roberto Maestas Santos Rodriguez Memorial Park Senior Nutrition & Wellness Senior Home Delivered Meals Smoking Cessation Tax Prep Site Transit oriented Parking Veteran's Services Volunteerism Youth Case Management & Cultural Enrichment Youth Employment Youth Technology Training Youth Violence Prevention ela�L�Q December 5, 2016 City of Tukwila Mayor's Office 6200 Soul center Boulevard Tukwila, Washington 98188 The Center for People of All Races A voice and a hub for the Latino community as we advocate on behalf of our people and work to achieve social justice. Re: Request for Statement of Interest and Qualifications Tukwila International Boulevard Parcels Estimado Honorable Mayor Ekberg: El Centro de la Raza would like to thank you for this opportunity to submit our qualifications of Intent and Qualifications for the Tukwila International Boulevard Parcels. Our organization has a long history of partnerships that further the core values and mission of both partners, while ensuring the social justice rights our constituents, many that live in the City of Tukwila. We believe deeply that there must be collaboration with public jurisdictions to create meaningful communities. With the support of our development team members, Beacon Development Group and SMR Architects, we have provided detailed responses to the RFP questions. We believe our team of professionals along with our design concept will allow the City of Tukwila to achieve its critical housing goals. If you need any further information, please call our development consultant, Cindy Proctor at 206 - 204 -1967 or via email at cindp@,beacondevgr—oup.com Thank you for your consideration. Respetuosamente, Estela Ortega, Executive Director El Centro de la Raza Encl. Community Action Agency -United Way Agency •Affiliate of National Council of La Raza 252416 Avenue South, Seattle, WA 98144 • (206) 957 -4634 tel • (2o6) 329 -0786 fax www.elcentrodelaraza.org • 501(03 Nonprofit Tax ID: 91- 0899927 95 Application in response to CITY OF TUKWILA REQUEST FOR STATEMENT OF INTEREST AND QUALIFICATIONS Tukwila International Boulevard Parcels Submitted by: El Centro de la Raza December 5, 2016 E., III Applicant Oraanization: El Centro de la Raza 2524 16th Avenue South Seattle, WA 98144 www.elcentrodelaraza.org Legal structure: 501(c)3 Organization Principals (name and title): Estela Ortega, Executive Director 206.957.4613 eortepa(a)_elcentrodelaraza.org Organization Size and Staffing: We currently have 125 employees on staff as follows; Full Time Regular 90 Part Time Regular 7 Temporary 10 On Call 11 Work Study 4 Contracted 3 Total 125 Our 2016 budget was: $10,316,137 Applicant's Primary Contact: Estela Ortega, Executive Director 206.957.4613 eortega a(,elcentrodelaraza.org Design Team Members: Development Consultant: Beacon Development Group Cindy Proctor, Development Director 206.204.1967 cindyp6a beacondevgroup.com Architect: SMR Architects Dean Kralios, Principal 206.316.2685 dkralios a().smrarchitects.com Tukwila International Boulevard Parcels Application WA EL CATIR0 Applicant's General Experience: 1. Describe your prior development experience: Preferably use examples of past projects and describe each project, its location, your organization's role in the development, other significant partner organizations, your organization's financial contribution to the project, financial partners (investors, lenders and other) and timeline. Note: You are welcome to include images showing the final product but it is not required. See attached Development Experience and /or Corporate Resume(s) for: • El Centro de la Raza • Beacon Development Group • SMR Architects 2. Describe your experience with sustainable building practices: See Attachment El Centro de la Raza is committed to providing a healthy and safe living environment for its residents and to creating a building that is environmentally and financially sustainable. We work with experienced design teams with specific experience in sustainable building practices. Our Architect has both historical and current LEED AP experience on multiple MF- projects. The project will engage an energy modeling consultant such as 360 Analytics. We will hold a green design meeting with representatives from the Owner, Development Manager, Contractor, and Architect to discuss all criteria identified in the ESDS and to determine which criteria are pertinent to our project, how they may affect other components of design, and who would be responsible for their implementation. The sustainability goals for an El Centro de la Raza project are as follows: Long -Term Affordability • Reduce energy and water consumption to the extent feasible • Building durability >50 -year service life, isolate short service life items from the structure. • Make decisions based on lifecycle ownership costs • Select less complex systems that might be repaired /maintained by O &M staff and local service providers where feasible; Occupant Wellbeing • Minimize presence of materials with potential health impacts to occupants • Optimize in -unit and common space ventilation • Provide residents with opportunities to building their capacity to ensure their own health and wellbeing, including: • Utility consumption feedback in real time • Green cleaning methods and materials Tukwila International Boulevard Parcels Application 3 EL CENTRM Fl • Prioritize design features that attract and promote ethno - socio- economic diversity • Provide the infrastructure to support community events that generate and propagate social capital • Integrate universal design principals as much as possible; Ecological Fluency • Efficient use and reuse of resources • Visible celebration of water as precious resource Because ECDLR will continue to own and operate the development for a minimum of 50- years, selecting durable, low- maintenance materials and reducing overall operating expenses was also an important factor in determining the project's sustainable objectives. Green development goals have to be realistic, achievable, and make sense from a cost - benefit perspective. In other words, they have to be appropriate for the project and work within the development budget. Through meeting identified goals, the expected outcome is for the creation of a highly sustainable, durable mixed -use project that will be an asset to the Tukwila community. 3. Describe your experience and knowledge of Tukwila: El Centro de la Raza has worked directly in Tukwila for many years. We have a wonderful community building partnership with the residents of Rainbow Haven, located on 152nd St S. just East of Tukwila International Blvd. since early 2009. At that time, we worked in partnership with the Carpenters Union, Habitat for Humanity and volunteers from UPS to insure that the homes there met zoning code and that residents would not face condemnation, displacement and potentially homelessness. We have continued to work with Rainbow Haven over the years in support of their annual "National Night Out" event as well as supporting their civic engagement and community organizing efforts in Tukwila. However, it is with our direct work with Rainbow Haven residents that we are acutely aware of the lack of safe, decent, affordable housing within City of Tukwila. Many of the 49 programs and services we provide are available to residents in King County, including residents of Tukwila, many of whom we have served over our 44 -year history. Currently, Miguel Maestas, Housing and Economic Development Director for El Centro de la Raza is a resident of Tukwila, and is a volunteer on the Tukwila Planning Commission. We see Tukwila as a diverse and welcoming place to immigrant and refugee communities and communities of color. The Tukwila School District is one of the most diverse in the county and we view this as a wonderful asset that will be supported and highlighted through this development. El Centro de la Raza has a rich history of working with and for communities of concern would make us an ideal partner with the City of Tukwila as they work through finding affordable housing solutions for their residents that encourage a sense of community. Tukwila International Boulevard Parcels Application 4 •• ai'fl Applicant's Development Concept: 1. Describe your vision and intended use for site: El Centro de la Raza would be proposing a mixed -use development based conceptually on its highly successful Beacon Hill Equitable Transit Oriented Development project, Plaza Roberto Maestas — Beloved Community (PRM.) The built environment would envision a development dense enough to provide enough workforce units in the 50 % -60% AMI band in an effort to buy down rents for those low wage households in the 30 % -40% AMI. We also would need to size a project to fit within the allowable public resources available. Therefore we would envision a similar amount of units as PRM of 100 -120 units. The project would provide a mix of one -, two -, and three bedroom apartments affordable to individuals and families between 30 % -60% AMI. We believe that, similar to other parts of King County urban areas, new developments are focused primarily on Studio and 1 bedroom units. We have purposely designed a large set aside of the units to be two -, and three- bedrooms to make it livable and convenient for larger families that may be living in overcrowded conditions. In addition to adding critical low- income housing units, the project would be a community economic development delivering a robust non - housing component that will enrich both the residential community of the project, and the surrounding neighborhood. We envision, a satellite office for El Centro de la Raza, farmers market and child development uses. We would work in good faith with the City of Tukwila to identify other compatible non - housing users that the City may find beneficial, if needed, such as a health or dental clinic or specific local small business merchants. 2. Describe how your intended use of the site would benefit Tukwila residents and businesses: King County is currently facing an unprecedented affordable housing crisis, especially for low -wage earners. The skyrocketing rents in the region are creating displacement and destabilizing families /households of low -wage earners. We are seeing landlords discriminate against source of income as recently demonstrated in the City of Renton. According to the City of Tukwila's Comprehensive Plan, community poverty has tripled in Tukwila over the past ten years and creative low- income housing solutions are needed. El Cento de la Raza already serves many households that reside in the City of Tukwila and /or its boundaries and quality affordable housing is a critical need. In addition to our traditional services for At -Risk Youth, Child Development Services, and basic needs, El Centro de la Raza has a robust Business Opportunity Center at its main campus, as well as employment training and /or other economic development training. Our Beacon Hill campus is next to the Beacon Hill light rail station, which allows residents and community members' easy access to a full array of services by way of the Tukwila light rail station. This will allow for efficient and non - duplicative service opportunities. Tukwila International Boulevard Parcels Application 100 5 R 3. Does your intended use include a residential component? If so please describe it and any anticipated restrictions on age, income, or rent: Yes, the mixed -use development would include a mix of one, two and three - bedroom apartments and will be affordable to individuals and families making at or below 60% of the area median income (AMI.) We will also target a portion of the housing to 30 % -40% of AMI, through higher density. 4. Do you anticipate requesting any changes in zoning or public infrastructure? It is difficult to make a complete zoning and project needs analysis without collaborative work with the City of Tukwila Community Development and Planning Department. With that said, based on our initial review we will need make request to the extent necessary to make the project economically feasible and to include the desired elements in addition to housing. The underlying zoning designation is Neighborhood Community Commercial (NCC), which would allow for a maximum 45 foot tall (4 story) structure if the development is mixed use (residential and commercial). However, the parcels also are located within the Urban Renewal Overlay Zone, which allows for a maximum structure height of 65 feet (which is the same height as the ECDLR Plaza Roberto Maestas) if certain criteria are met (Tukwila Municipal Code 18.43.070): Initially, we cannot see a reason why our development concept on the parcels could not meet these criteria, so would assume a structure height of 65 feet is achievable. Per TMC 18.43.080, "the maximum number of dwelling units is to be determined by the building envelope as in the NCC zone, rather than a numeric density. The developer shall determine the unit mix with the limitation that studio units contain an average size of at least 500 square feet of interior floor space with no units smaller than 450 square feet and allow not more than 40% of the dwelling units to be studios." Per the King County Tax Assessor's website and information in the issued RFQ, the Tukwila parcels combined are 73,833 square feet - 54% larger than the PRM site as a comparison. Therefore, developing between 100 -112 units and roughly the unit mix developed at PRM appears to be achievable, assuming the 65 foot structure height. TMC 18.22.080 does require that recreation space be provided at the rate of 200 square feet per dwelling unit, and that adds up quickly - 22,400 s.f. if 112 dwelling units are developed. To put that in perspective, that area is roughly equivalent to the largest of the 5 parcels under consideration, or twice the size of the plaza at PRM. The TMC is not clear if recreation space must be at ground level or if it can be located above grade, such as an upper floor deck. It also does not outline any minimum dimensions. We would need to clearly understand the impacts of the code related to recreation space. The current zoning requirement that seems most challenging is the off - street parking requirements. Per 18.43.080, the requirement is "one automobile parking space per each Tukwila International Boulevard Parcels Application 101 a dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one bedroom in a multifamily dwelling unit." That means 1 vehicle stall for every one - bedroom unit, 1.5 vehicle stalls for each two- bedroom unit, and 2 vehicle stalls for each three- bedroom unit. Again, to put that in perspective, assuming the unit mix at PRM of (35) one - bedroom, (55) two- bedroom, and (22) three - bedroom units, that would mean a total of 162 parking stalls for residential use alone, plus a car sharing space. Additional parking requirements also apply depending on the ground floor uses. So at initial review we would anticipate a request for a height increase, reduction in the onsite recreation space and the parking requirements due to proximity to light rail, Metro lines 124 & 128, and the anticipated income level of residents. Parking exemptions is a strategy outlined in the Chapter 3 of the Comprehensive Plan as a potential implementation strategy. And reducing parking requirements seems to support the goal of the Transportation Management Plan under item (5) from the required RFP criteria for developing to a height of 65 feet - to encourage alternatives to automobile use. Comprehensive Plan Goal: 3.2.1 Provide zoning that allows a variety of housing throughout the City to allow for diverse, equitable neighborhoods. 3.2.3 Provide sufficient appropriate zoning for housing of all types, including government- assisted housing, housing for low- income families, manufactured housing, multi - family housing, and group homes and foster care facilities, subject to conditions that appropriately integrate them into existing neighborhoods. 5. Describe any existing relationships you have with commercial tenants whom you believe would be a good fit for this project: El Centro de la Raza has broadened the reach of our relationships with commercial retailers through the development of Plaza Roberto Maestas (PRM). PRM is helping to transform the Beacon Hill Town Center into a bustling urban village, presenting enormous opportunity for retail entrepreneurs to locate their businesses next to PRM's central plaza, and the Beacon Hill Light Rail Station. Current tenants include the Seattle Metropolitan Credit Union and the Station Community Coffee Shop. We are also currently in negotiations with a successful local restaurateur to fill the final retail space. According to the Sightline Institute, residents of PRM's affordable housing are expected to spend $3.98 million per year. By combining increased neighborhood density with culturally responsive support, we aim to dramatically improve the small business success rate for the entrepreneurs we serve. This project in Tukwila would build on this model and recent success. Outreaching to local small business owners, merchant associations and chambers of commerce are part of a strategy to attract successful, long term retailers to the space. In relation to the Tukwila Village, this new development would constitute an expansion of mixed use development, and an increase of local consumers living in the immediate area which will have a significant positive impact for local merchants. A marketplace is being envisioned to attract and sustain new retail development. Our goal would be to prioritize small, family owned business to support the economic development vital to the TIB. Tukwila International Boulevard Parcels Application 102 7 FtUnM PRM has also provided job opportunities and small business start-up opportunities through our new Business Opportunity Center. Our plan in Tukwila would be to expand our existing Business Opportunity Center that supports entrepreneurs to develop their own small businesses. We would encourage and support aspiring local entrepreneurs, local startups and businesses to establish in Tukwila with a commercial, commissary kitchen and space for public market style retail for food vendors. This development will provide the opportunity for local residents to have a marketplace to create their own small businesses in addition to the retail space. An emphasis for the Business Opportunity Center would be placed on businesses owned by people of color, women and veterans. 6. How would you ensure the commercial component is well maintained, safe, and positive for the entire neighborhood? The commercial component of the development would support the community's expressed desire for attractive, walkable, locally- oriented activities that build on the Tukwila Village Project. The project would orient businesses along Tukwila International Blvd. to activate a vibrant, walkable business district. Standards for safety, aesthetics, maintenance and cleanliness would be part of the retail lease agreements established with businesses who would lease the retail space. Lease opportunities would be available to businesses that support a plan and environment conducive to children, families, seniors and other vulnerable populations to be served through potential Human and Health related services at the site. Long term leases of 10 -15 years are an important element of retail businesses being an integral part of maintaining a safe and welcoming environment for local entrepreneurs and the clientele they will serve. 7. How would you ensure the residential component is well maintained, safe, and positive for the entire neighborhood? Our experience is that affordable housing stock is generally maintained at a high level. This is driven by a mission to provide equitable housing that is both safe and desirable which helps promote a sense of empowerment and community. The project would also have multiple layers of asset management review from El Centro de la Raza, the public funder(s) and the private investor. A high density mixed -use development will create "more eyes on the street" through both residential and commercial tenants throughout the day and night, leading to enhanced community safety and security. Additionally, El Centro de la Raza implements a combination of security patrols during construction and post construction by -way of operations. We include security cameras, electronic key cards and on -site management, including staff that lives within the project. We believe that early and ongoing community input starts the building of a sense of community. Retention of residents and active participation by residents within the project creates empowerment. Providing services or events that connect residents and community /schools also creates a positive impact for the entire neighborhood. We would endeavor to create flexible non - residential spaces that would allow neighborhood gathering spots. Tukwila International Boulevard Parcels Application 0 103 alilr.:N�Vri 8. How would you ensure the development is built with quality construction methods and materials? Most non - profit developers enter into long -term regulatory agreements with public funders to keep the housing units affordable into the future. During this same period the ability to raise rents is severely limited. Additionally, publically funded units are required to meet Evergreen Sustainable Design Standards, and use highly skilled labor /pre- qualified high - quality general contractor with substantial experience with this type of mixed -use development. We design our communities with 50 -year long -term sustainability as one of our top goals. We will utilize long- lasting, durable and low maintenance materials. We will also endeavor to capitalize replacement reserve beyond the minimum requirements. We maximize the experience and use of our design team by engaging a general contractor early under a pre- construction contract so that they can work directly with our Architect throughout the design process. This is overseen by a Construction Manager from our development consultant team. We would encourage City Staff to visit our Plaza Roberto Maestas Community to see the quality of the development. It is easy to get to by way of the Tukwila light rail directly to the Beacon Hill light rail. 9. Describe your anticipated project timeline including due diligence, feasibility analysis, negotiations, design, construction and sales /lease up. When would you expect to purchase the land? • Awarded City Council consent to enter into an Option Agreement or "Exclusive Negotiating Rights Agreement' regarding the purchase and sale of the land • Perform Initial environmental feasibility • Perform Initial site programming, massing (w /City input) • Perform Initial financing feasibility • Work with City Staff and legal on Development and Disposition Agreements • Complete any variances, SEPA review, or Conditional Use Permit review • Public Notice if applicable • Public hearing if applicable • 30 day appeal period if applicable • Close on land with WSHFC LAP funds and private equity • Apply to various public funding sources (see #11) • Ongoing design development • Awarded various public funds • Secure LIHTC Allocation • Secure private debt • Close LIHTC Partnership • Start Construction Tukwila International Boulevard Parcels Application 104 dole . Complete Construction 10. Describe your experience purchasing land from a public entity or negotiating development agreements with a public entity: El Centro de la Raza partners with team members who bring development expertise as well as a shared mission and values. Our lead developer, Beacon Development Group was our partner on our successful mixed -used transit - oriented - development (TOD) Plaza Roberto Maestas, Beloved Community. They have negotiated land disposition and development agreements containing a broad range of complexity. These agreements are within the following jurisdictions: • City of South San Francisco • Housing Authority of Tacoma and Bremerton (HOPE VI) • City of Quincy • City of Sunnyside • City of Wapato They have a good grasp on the public process and have worked collaboratively with various jurisdictions while providing outreach to community members to ensure appropriate public participation. 11. Describe the financing structure you anticipate for the entire development: In regards to the ongoing development of the project, El Centro de la Raza has a successful track record for obtaining capital and operating resources. We would anticipate seeking funding from the following sources: City of Tukwila CDBG and /or partial land contribution • King County Department of Community and Human Services • Washington State Department of Commerce - Housing Trust Fund • State Appropriation and /or Building Communities Fund • WSHFC Low Income Housing Tax Credits • Possibly New Market Tax Credits • Private Debt • Deferred Developer Fee • General Partner Equity • Grants and Foundations as needed. We would envision either a fee simple ownership at or below FMR and /or a long -term land lease in which we pay a capitalized lease payment to the City. We would structure the various uses within a condominium association to separate the housing /residential from the commercial /non- housing. 12. Describe the equity or other funding your organization has available or intends to make available for the development: Tukwila International Boulevard Parcels Application 10 105 dcla We have reached out to the Washington State Housing Finance Commission (WSHFC) for an acquisition bridge loan through their Land Acquisition Program (LAP.) They were receptive of the project and approved the project for submission for funds. Depending on valuation and project programming type they would come in for between 75 % -80% of the cost with El Centro de la Raza providing the 20 % -25% equity gap financing. Land Price and Financial Impact: 1. Describe your expectations for the price of the property. Do you expect to pay above, at, or below market value? As a publically funded project we cannot pay over FMR for land acquisition. The RFP Request did not provide a market appraisal and the assessor's office provided various land prices per parcel that ranged from no value to a little under a million on a parcel, but also included former building improvements. We believe that the City should select an organization to work towards a negotiated purchase price within the context of the overall public benefit. Public benefit can be met through long term land use covenants and restrictions or even with a long -term capitalized lease payment. We would work with the City Staff and eventually seek Council approval on a Disposition Agreement that allowed the affordable housing project to move forward. Some discount of land value or impact fees would demonstrate a local leverage commitment that would make the project more competitive and a higher priority within the limited public funding availability /application request. We believe that the City of Tukwila's Comprehensive Plan gives the City Staff and Council flexibility both in zoning options and in equitable distribution of resources. Additionally, innovative and creative ways to create affordable housing is consistently cited as a core goal of the City. 2. Would your development be exempt from property taxes? Yes, it is anticipated that that we would receive funding from the State of WA that would allow us to seek a property tax exemption on the low- income housing units. It would be difficult to move a rent restricted project forward without some type of property tax exemption. This allows us to leverage the project with more debt to cover capital gaps. 3. Describe any other financial benefits for the City of Tukwila: The Retail spaces will provide an active street front and will generate business and sales tax revenues. Additionally the residents of the housing spaces themselves will be tax paying users of goods and services within the City of Tukwila. Finally, the project will generate economic benefit through the creation of temporary and permanent jobs. Analysis done by the National Association of Home Builders on the economic impact of multi - family tax credit project projects show that an infusion of capital will directly create construction, architectural, engineering and development jobs at the rate of 151 jobs per 100 units. It will indirectly support construction vendors, and suppliers. In addition, local restaurants, grocery stores, and small merchants would benefit indirectly. On an Tukwila International Boulevard Parcels Application 106 11 EHL GEMTR1 R H�Z� R ongoing basis approximately 19 permanent jobs would be created in fields such as property management, accounting, and supportive services. The project will also directly generate sales tax revenue on the construction of up to $750K for a $25MM construction contract. 4. Do you anticipate requesting any payments, subsidies, waivers, or financial contributions from the City of Tukwila, or special requests other than negotiations for the price of the land? It is too early to have a comprehensive understanding of the full range of fees, development mitigation improvements, offsite improvements, etc. that may be required. We would anticipate negotiating this within a Development Agreement if applicable. Any request would be framed within the context of the final negotiated land acquisition price. Additional Information: El Centro de la Raza (El Centro) is a community -based nonprofit organization founded on October 11, 1972. El Centro is the voice and hub of the Latino community for services and advocacy and provides strong child and youth programs and comprehensive services that build self - sufficiency. El Centro helps children, youth, adults and families gain the skills and access the resources to lead fulfilled lives and achieve a greater degree of economic self - sufficiency. This is accomplished through the provision of a unique blend of services and advocacy that together result in stronger, more effective programs. El Centro believes that only through civic involvement, grassroots organizing, and political and social activism will our community be able to effectively address the profound contradictions facing our world. We unite communities of all races, genders, ages and classes to fight for civil and human rights both locally and globally. We pursue collaborations and meaningful dialogue with organizations that work with diverse and historically underserVed populations. l certify that l have read the Request for Qualifications and supplied true and accurate information in this application. Estela Ortega Signature Printed Name Tukwila International Boulevard Parcels Application Date Title 12/5/16 Executive Director 12 107 WT.* Querid @sAmig @s /Dear Friends, In 2015 we were grateful to have over 27,000 hours of work done by 1,286 amazing volunteers, who truly make what we do here at El Centro de la Raza possible. We served 16,072 participants in 2015 and aim to raise that number higher next year. 2016 brings much joy and excitement. Plaza Roberto Maestas will be finished in July, providing families with affordable housing, economic opportunities, and community space. The Plaza will help us reach larger amounts and more diverse individuals and families in need. We look forward to expanding existing programs such as our early child education program to Hirabayashi Place and Plaza Roberto Maestas, and adding new programs such as Labor Standards Outreach and Education and a Business Opportunity Center. Mil gracias for partnering with us on our mission to advocate on behalf of our people and work to achieve social justice. Together we can truly be the cause of lasting change in our neighborhood, our city, and our country. We need your help to keep our momentum rolling forward in 2016. Visit our website at www.elcentrodelaraza.org to donate or learn more about us and our volunteer opportunities, classes, workshops and events. Respetuosa mente /Respectfully, Estela Ortega Executive Director Ramon Soliz Board of Directors President Gracias to our Amazing Volunteers and Staff Employee of the Year: Yadira Ortiz Volunteer of the Year: Herman Mar Youth Volunteer of the Year: Juan Carlos Gomez Spirit Award: Cristina Jimenez Equipo del Ano Award: Bank of America HOLA Chapter Executive Director's Award: Monique Brown Service of 15+ Years: Bobbie Stephens, Virginia Culbertson Service of 10+ Years: Belem Mendoza Ruiz, Enrique Gonzalez, Cristina Jiminez Marisela Arguello Service of 5+ Years: Brenda Mendoza, Chip Veatch, Jessica Gonzalez, Arlene Chavez, Maria James, Jamie Bautista Service of 3+ Years: Yadira Ortiz, Nicole Tilson It is When You Give of Yourself That You Truly Give* e are eternally grateful to our volunteers and the difference their efforts make for our work and our community. We were founded through the efforts of dedicated volunteers, and volunteers continue to play a vital role working alongside staff members. Mil gracias to all 1,286 of our outstanding volunteers who shared their time and talents, and provided 27,935.20 hours of service in 2015, valued at $742,986 ** *Kahlil Gibran * *Calculated based on Independent Sector estimated value of volunteer time in WA. This incredible gift of love and support is a testament to the power of communities uniting in solidarity. Services like our Free Legal Clinics, in partnership with Schroeter Goldmark and Bender, the Latina /o Bar Association of Washington, and the King County Bar Association would not have been possible without the help of 162 volunteers who helped provide 725 hours of translation and legal services. Want to volunteer? Email volunteer @elcentrodelaraza.org or call 206.957.4602. taw Participants Served in 2015 Total Individuals Gender 16,072 Total Families Irtdivtdual, Corporate, aundatic, Special Events United Way dal 'Side Tit $2,761,6.0' 27''. S 8,5191 5397,522 52.156,839 $4.11,3 310,316,1: *This budget includes funding for the child development center expansion to Hirabayashi, the multi - cultural community center at Plaza Roberto Maestas, and capital improvements to the El Centro de la Raza building. 9,989 % Income of the Poverty Threshold Male 52% Female 48% *Undisclosed 4.776 Ethnicity Latino /Latina 55% Non Latino /Latino 45% *Undisclosed 4,834 Race African American 8% Asian /Pacific Islander 27% Chicano /Latino 35% Native /Alaskan 1% White 9% Multi-race 11% Other 9% *Undisclosed 5,465 Age 0 -5 yrs 10% 6 -11 yrs 7% 12 -17 yrs 11% 18 -23 yrs 8% 24 -69 yrs 57% 70 and over 7% *Undisclosed 5,203 0% to 50% 51% to 100% 101% to 150% 48% 24% 13% 151% to 200% 7% 201% and Over 7% *Undisclosed 3,173 Education Level Less than high school 51% High School /GED 27% Some post- secondary 10% College graduate 12% 'Undisclosed 8,336 Family Size 1 -2 Members 60% 3 -4 Members 25% 5 -6 Members 13% 7+ Members 3% 'Undisclosed 3.077 Household Composition Single Person 41% Single Parent 16% Two Parent 25% Other 19% *Undisclosed 2,831 *El Centro de la Raza is located on Beacon Hill in Seattle. The majority of our participants reside in the Seattle and Martin Luther King, Jr. County area. We were unable to capture data on all participants that attended cultural events, some of our food programs, legal clinics and tax preparation service. 2 1 2015 ANNUAL REPORT 2015 ANNUAL REPORT 1 3 laza Roberto Maestas is set to be finished as scheduled in July, with a grand opening in October. The Plaza will provide 112 units of one -to -three bedroom rental housing at rates that are affordable for those earning 30 to 60 percent of area median income. This means low - income workers will be able to live close to jobs and close to El Centro's extensive social service programs. Units are available for individuals and families, including large families of four or more members and disabled households. Once Plaza Roberto Maestas opens there will be event, meeting, retail, micro - vending spaces, and a large commercial kitchen available to rent. Contact 206.957.4636 with questions or for more information. The Buy -A -Brick Campaign finished strong with more than 350 brick purchases raising $112,750! We have raised 98% of the funding needed to complete the $45M for the Plaza Roberto Maestas project. We are on track to reach our fundraising goals, but need your help to finish the campaign with 100% funding! Donations can be made at plaza robertomaestas.org. Plaza Roberto Maestas'Artistic Design e have six talented artists working on the artwork for Plaza Roberto Maestas. Bas - relief sculpting, colorful mosaics, stained concrete, murals depicting the history of the civil rights struggle, and a central monument dedicated to our founder and founding members will create a welcoming atmosphere full of inspiration and wonder. Six artists have been collaborating for months to create the perfect art pieces, some of which will include a bronze statue of Roberto Maestas, mosaics, a mural of the Virgen de Guadalupe in the community center, and a mural outside of the entrance to the Jose Marti Child Development Center. Mil gracias to our artists Al Doggett, Louie Gong, Cecilia Alvarez, Gonzalo Espinosa, Alex Garza, and Casto Solano. Plaza Roberto Maestas Employs Community Members "El Centro de la Raza is like a banana," Jerry says. "Ifl put banana on the table in front of you, the outside of it would mean nothing to you. You have to peel it to find the part you want. El Centro de la Raza is just a name. In order to find the part that you want, you have to be willing to go inside." t the age of 65, Beacon Hill resident Jerry Williams had been subsisting on Social Security since 2006 due to a disability. He needed to retire on Social Security in order to receive a livable income to support himself and his wife, but when he applied he learned he needed an additional year of work to qualify. Jerry was devastated to find that, "No company wants to hire a 65 -year old black man." We knew that Jerry had a five -year history of volunteering in our food bank, and when we heard of his situation we were able to hire him to work at our Christmas tree sales kiosk. However, this work is only seasonal and would not qualify him for retirement. When Plaza Roberto Maestas broke ground, our Associate Administrator Miguel Maestas coordinated with Walsh Construction to hire Jerry within the targeted local hire requirement that Executive Director Estela Ortega had negotiated into our contract. Walsh paid for Jerry's flagger certification, and within two days, Jerry was directing traffic outside Plaza Roberto Maestas, performing other light duties, and working toward his retirement while earning a livable wage. The best part is that Jerry was able to find work in his own neighborhood and his commute is walkable! The growth of El Centro de la Raza through Plaza Roberto Maestas has enabled us to create even more opportunities for low- income individuals in our community. Jerry is a persevering individual who has overcome great hardships in his lifetime. He is devoted to his wife, who has struggled alongside him since they met, and to his community. He continues to volunteer in our food bank on his days off and in community youth programs. Jerry, like many of our participants, sought out services at El Centro de la Raza in order to better his situation, and has courageously taken full advantage of many opportunities. Parent Child Home Program Provides Pre - School Readiness velyn first came to El Centro de la Raza to learn how to teach her 28 -month old daughter pre- school readiness skills. Evelyn recognized that Emma was eager to learn but did not know the best ways to teach her herself. Many families that participate in our Parent Child Home Program (PCHP) are low - income or recent immigrants who do not have access to materials to teach their children the cognitive, social, and emotional skills they need before starting school. Now in her second year of the PHCP, Emma has shown great improvements in many areas and is especially advanced in her verbal language. She is well prepared for pre- school, and will enroll in the fall. Evelyn did so well in the program that she is being considered to be a home visitor herself so she can teach other parents what she has learned. The Parent Home Child Program served 35 families in 2015, and hopes to continue their high success rate in years to come. When Perla, one of our home visitors, started meeting with Evelyn and Emma, Evelyn was content to watch while Emma learned colors, numbers, and other skills. Evelyn quickly picked up the techniques Perla was using and tried them herself, soon even beginning to suggest new ideas to Perla about ways to teach her daughter. 4 1 2015 ANNUAL REPORT 2015 ANNUAL REPORT 1 5 Capital Improvements and Building Use In 2015, we completed the first phase of ADA and community access improvements to the El Centro de la Raza building and property by making elevator upgrades. In 2016, we will improve community access to El Centro de la Raza by renovating the south entrance to the building with ADA access and community gathering space, and constructing a two -level 144 -stall shared parking facility on our north lot. These improvements are made possible by Washington State Taxpayers, City of Seattle Department of Neighborhoods- Neighborhood Matching Fund Programs, City of Seattle Office of Arts and Culture, Comcast and individual donors. El Centro de la Raza annual building usage hours totaled 3,231. We provide discounted and in -kind space to several community groups such as the Hugo House and Veterans for Peace. Building users include El Centro de la Raza programs and events like free bilingual legal clinics, United Way Tax Prep, homeownership workshops and many more! To lease office space or reserve a room for your meeting or party, please email facilities(a elcentrodelaraza.org or call 206.957.4603. Building the Beloved Community Auction This year's Building the Beloved Community Gala was one of our most successful yet, with 717 attendees and 116 volunteers who helped us raise over $329,000. Congratulations to our Roberto Felipe Maestas Legacy Award Recipients: Aiko Schaefer and Mauricio Ayon, and to our scholarship winners Jose Maldonado, Fabiola Suarez- Alanis, Magdalena Angel and Jose Iraheta.Awards were made possible by generous funding from the Marguerite Casey Foundation. Save - the -date for our Building the Beloved Community Gala event on September 24th, 2016 at The Seattle Westin! Mil gracias to our sponsors: Amerigroup, Bank of America, Ben Bridge, Boeing Employee Credit Union, Beacon Devel- opment Group, Century Link, Chase, City Purchasing and Contracting Ser- vices, Catholic Community Services of Western Washington, Clear Channel Outdoor, Comcast, Community Health Plan of Washington, Collins Group, Enterprise, Forterra, Goodwill, Heritage Bank, Homestreet Bank, iHeart Media, Kantor Taylor, PNW Carpenters, John Martin, Lilly, Molina, Muckleshoot, Perkins Coie, Seattle Sea hawks, Seattle Children's Hospital, Seattle City Light, Seattle Metropolitan Credit Union, Seat- tle Public Utilities, SEIU 1199 NW, SMR Architects, United Way of King Coun- ty, University of Washington Office of Minority Affairs & Diversity, Washington Dental, Washington Federal, Watson Mc- Donnell, Sprague Israel Giles, Schroeter Goldmark & Bender, Union Bank, Walsh Construction, Washington Education Association, WCRA, and Vulcan. Accomplishments and Awards 1. With a 97% graduation rate, 125 students from our youth programs graduated and moved up to the next grade. 71 high school seniors, 6 elementary students, and 48 middle school students graduated in 2015 with the help of our youth programs. We are proud of all our graduates, coming from Ballard High School, Chief Sealth International High School, Denny International Middle School, Washington Middle School, and Beacon Hill International School. 2. The ORCA LIFT Program was introduced in March of 2015 in King County. El Centro de la Raza approved 725 individuals for the new, income - eligible reduced -fare ORCA LIFT card to help them get more out of King County's public transportation system. 4. El Centro de la Raza served 695 clients during 2015's United Way Free Tax Prep to bring a total of $1,013,595 back to the community in tax refunds. 5. Twenty -seven families success- fully completed the Parent -Child Home Program (PCHP) at our 2015 graduation. PCHP provides two years of twice - weekly home visits to families with children be- tween 16 and 30 months of age. 3. El Centro de la Raza received an honorable mention in the 2014 National Council of La Raza Affiliate Photo Contest! Find the photo on ourwebsite. Culture, Social Justice and Community 1. We celebrated Dia de los Muertos with over 1,300 friends, families, and community members. Thirty -five different organizations created beautiful ofrendas to honor the Black Lives Matter Movement, making our 2015 event the most diverse yet. 2. About 400 community members attended our 6th Annual Las Posadas and Dia de la Virgen de Guadalupe event. Guests enjoyed Las Posadas, pozole, pan dulce con chocolate, music, children's activities, and a visit from Santa! 3. Over 1,200 community members and 85 volunteers joined El Centro de la Raza to celebrate and share our cultural heritage at our 10th Annual Cinco de Mayo event. 4. The Roberto Maestas Youth Leadership Institute held a spring workshop series to explore how leadership interacts with community organizing, social justice, culture, history, and politics. Topics included International Women's Day, Arts for Civil Rights, Rally for Worker's rights, and others. The Seattle CityClub honored Estela Ortega with the Nancy Nordhoff Civic Leadership Award. This annual award is given to an individual who "Inspires others to civic action for the common good." Estela was also presented the 2015 Champion of Justice Award by Rep. Adam Smith of the 9th Congressional District in rec- ognition of her contributions as a community civil rights leader. 6 1 2015 ANNUAL REPORT 2015 ANNUAL REPORT 1 7 2015 ANNUAL REPORT 2015 ANNUAL REPORT W (left) Celebrating Dia del Nino in the courtyard of El Centro de la Raza in April. (above) Participants are learning how to make amazing Chile Verde. We have a wide variety of cultural cooking classes held at El Centro de la Raza, sign up today! Jose Marti students dress up as Mary and Joseph to lead the Posadas at our Las Posadas and Dia de la Virgin de Guadalupe event in December. Students are excited after graduating from the Digital Connectors program! This program, provided by Comcast, empowers students to be leaders by building their computer literacy skills. Students explore of the value of STEM (Science, Technology, Engineering and Math) education and how to responsibly use technology to benefit the community. •w+��ww+�WIWI .y.. ��+wa•anwti.e+� mole. Illre 1+14 Myron Wm ...NB .v..a Sw.��ya,. ga.�'r4,a.sjq asrR•Y� aw s.e+�m (above) El Centro de la Raza hosted the Gang of Four book signing event. This book tells of the history of the Gang of Four- How a Native American, Asian American, African American, and Mexican American came together to fight for their neighborhoods and their people. Children had their faces painted at our 11th Annual Dia de los Muertos Celebration. There were over 35 organizations who made ofrendas in support of the focus of this years' event, Black Lives Matter. Photo courtesy of Daniel Berman. Mil gracias to Wells Fargo for their generous donation to El Centro de la Raza. We are proud to have your support! Each classroom in our Jose Marti Child Development Center bought bricks to raise money for Plaza Roberto Maestas. ;Viva! Bessie Rodriguez traveled all the way from Texas to visit El Centro de la Raza to see our Santos Rodriguez Memorial Park named in honor of her son. We will always remember Santos, a 12 year old boy murdered by a Dallas police officer in 1973. (left) Students and staff attended Latino Legislative Day in Olympia last March to learn about the legislative process and hear from members of government on education, healthcare, housing, and other topics. Programs & Services Affordable Healthcare Outreach & Enrollment Bebes! Infant Mortality Prevention Business Opportunity Center Cafe con El Centro de la Raza Cesar Chavez Demonstration Garden College Readiness COMADRES Monthly Workshops Comcast Digital Connectors Community Meeting Space Community Organizing Community Service Crisis Advocacy Cultural / Political / Social Events DSHS People Point Washington Connection Economic Development ECR Transitional Housing El Patio Apartments Employment Assistance ESL Classes Families & Education Levy Case Management Financial Empowerment Food Bank Foreclosure Counseling Historical & Educational Presentations Homeless Assistance Hope for Youth Poetry & Civil Rights History Classes HUD Housing Counseling Immigrant / Human / Civil Rights Social Justice Advocacy Jose Marti Child Development Center Labor Standards Outreach & Education Latino Hot Meal Program Legal Clinic Site Local, State, National & International Coalition Building Luis Alfonso Velasquez Flores After School Program ORCA Lift Reduced Fare Program Parent -Child Home Program Plaza Roberto Maestas Roberto Maestas Leadership Institute Santos Rodriguez Memorial Park Seattle Youth Violence Prevention & Case Management Senior Nutrition & Wellness Smoking Cessation Summer Learning Tax Prep Site Veteran's Services Volunteer Opportunities Youth Case Management & Cultural Enrichment Youth Job Readiness Training Youth Technology Training With over 27,000 volunteer hours, El Centro de la Raza served 16,072 individuals and 9,989 families in 2015 through the following programs and services: Child &Youth Programs Investing in our children and their future, El Centro de la Raza provides an array of bilingual, multicultural child and youth services such as youth case management, civil rights history, poetry and technology classes free to the community. The Jose Marti Child Development Center and After School Program provide free and subsidized education and care through ECEAP, DSHS and City of Seattle tuition assistance. Human & Emergency Services We address basic needs including hunger, homelessness, and lack of access to healthcare through our Frances Martinez Community Center's free, bilingual human and emergency services. Education & Skill Building Programs Our free bilingual education and skill - building workshops, classes and counseling programs help low - income people acheive self - sufficiency and build personal and financial assets. Community Building & Advocacy El Centro de la Raza believes that the struggles our communities face can only be solved through civic involvement and grassroots organizing and activism. We bring diverse community members together to advocate for change at the city, county, and state levels on issues including immigration, access to early education, affordable housing and police accountability. We also host international visitors each year. Mil Gracias to Our 2015 Funders & Donors In Honor or Memory of... Catalina Cantu in Memory of Gilberto Cantu Genaro Garda in Memory of Gallina King Gerardo & Maribel Jimenez in Memory of Marcelo & Valentino Jimenez Jim Cantu In Loving Memory - Biatris Salazar de Cantu Linda Villegas- Bremer in Honor of Estela Ortega Mario Sanchez in Memory of Martha Sanchez Marty Jacobs in Memory of Roberto Maestas Nina Laboy in Memory of Margo Celars Norma -Erin Espinosa In Honor of Alejandro Calderon's Birthday Pesha Klein in Honor of Dan Klein Robert G. Lebo & Michelle T. Belzile in honor of the beautiful diversity of our region! Venetia Runnion in Honor of Susan Maisel Building the Beloved Community Gala Sponsors Amerigroup Bank of America Ben Bridge Boeing Employee Credit Union Beacon Development Group Century Link Chase City Purchasing and Contracting Services Catholic Community Services of Western Washington Clear Channel Outdoor Comcast Community Health Plan of Washington Collins Group Enterprise Forterra Goodwill Heritage Bank Homestreet Bank iHeart Media Kantor Taylor PNW Carpenters John Martin Eh Lilly Molina Muckelshoot Perkins Coie Seahawks Seattle Children's Hospital Seattle City Light Seattle Metropolitan Credit Union Seattle Public Utilities SEIU 1199 NW SMR Architects United Way King County University of Washington Office of Minority Affairs & Diversity Washington Dental Washington Federal Watson McDonnell Sprague Israel Giles Schroeter Goldmark & Bender Union Bank Walsh Construction Washington Education Association WCRA Vulcan Table Ambassadors Deborah Aguirre Asian Counseling & Referral Service Alex & Jamie Bautista Alexandra Narvaez Ashley Haugen & Brandon Lehnerz Compassionate Seattle /Honoring Beloved Community Estela Ortega Emma Catague Frank Lemos, Land Development Consultants Fred Hutchison Futurewise Hilda Magana Homeownership Department, ECDLR Larry & Rhonda Gossett Latina /o Bar Association of Washington Lily Hong Miguel Maestas Mercedes Garcia Pepsi Beverages Co. Robert Keefe SeaMar Senator Patty Murray Seattle City Purchasing & Contracting Services Seattle Community Police Commission Seattle Public Schools SEIU 775 Starbucks Stephen Deal Susan Maisel Third Place Design Co -Op Tricia & Jim Coley Tricia Coley /IBEW 46 Union Bank United Healthcare Washington Education Association Procurement Team Alex Bautista Alex Kahn Ashley Haugen Carlos Reyes Estela Ortega Hilda Magana Ivan Meza Janet Brown Jenna Ptaschinski Joanne Li Lauren Kastanas Mario Sanchez Miguel Maestas Mihai Baltatescu Roxana Amaral Ruby Montes De Oca Sarah Slothower Stephen Deal Susan Maisel Tricia Coley Van Phung Public Support City of Seattle Department of Education and Early Learning City of Seattle Human Services Department City of Seattle Office of Arts & Culture City of Seattle Office of Housing City of Seattle Office of Labor Standards City of Seattle Parks and Recreation King County 4Culture King County Council King County Department of Community & Human Services King County Department of Transportation - Metro Transit King County Employee Giving Program McKinney Vento Seattle - King County Muckleshoot Charity Fund Notre Dame AmeriCorps Seattle - King County Department of Public Health Seattle Public Library Seattle Public Schools Seattle Step Ahead Preschools U.S. Department of Agriculture U.S. Department of Health & Human Services U.S. Department of Housing & Urban Development Washington Service Corps Washington State Department of Commerce Washington State Department of Early Learning Washington State Department of Social and Health Services Washington State Housing Finance Commission Washington State Office of the Attorney General Washington State Taxpayers Grant Support Bill & Melinda Gates Foundation Chase Bank Comcast Foundation Futurewise Harvest Foundation HomeSight KUOW 94.9 Media Sponsorship Lucky Seven Foundation Lutheran Volunteer Corps Mentoring Works Washington Molina Foundation Muckleshoot Charity Fund National Alliance for Hispanic Health National Association for Latino Community Asset Builders National Council of La Raza Northwest Area Foundation Pacific Hospital Preservation and Development Authority Paul G. Allen Family Foundation Puget Sound Energy Foundation Safeco Insurance Foundation School's Out Washington State Farm Insurance The Boeing Company The Seattle Foundation Umpqua Bank Charitable Giving United Way of King County Vulcan Incorporated Washington Women's Foundation Wells Fargo Housing Foundation Partidarios $1,000 -4,999 Aimee Joyce Alan Torres Alejandro Narvaez Alice Gregory - Thaddaeus Ben Bridge Jeweler Bill Ramos Bob Feldpausch Boeing Company Brad Colman Bryan Joyner Carlos Aceves Carol Wise Carolyn Busch Clyde Walker Craig Russell Daniel Ruiz David Herrera Ellen Ferguson Ellen Look Ericka McKinney Frank Lemos Herrera Chiropractic, LLC Janice Kreider Jeff Middleton Jennifer Oberheuser Joe Quintana John Martin Julia Aguirre Kendra Proctor Goldbas Kevin Cole Leslea Bowling Lillian McDonell Matt Pearson Microsoft Matching Gifts Program Paula Mendoza Pepsi Beverages Co Peter Schaffer Poppi Handy Larry and Rhonda Gossett Robert Keefe Robert Lang Rollin Fatland Scot Partlow Sean Bagsby Seattle Education Association Susan Maisel Tere Carral Tica Suarez Walsh Construction Co. Will Strong William Sunderland 10 1 2015 ANNUAL REPORT 2015 ANNUAL REPORT 1 11 Familia $100 -999 Adam Glickman -Flora Aiko Schaefer Alejandra Tres Alexandra Narvaez Alfredo M. Arreguin Alfredo Olivian Perez Alice Doyel Alice Gregory Andrew Gorvetzian Angela Wu Ann Melone Ann O'Neil Anne Stadler Anne Takekawa Annette Case Armando Lindner Arturo Zamora Ashley Miller Audelia Lopez Audrey West Axel, Anya, and Lucas Iverson Barbara Korducki Barbara Serrano Barry Reed Benita Horn Beth Somerfield Betsy Graef Bill Reid Binda Douglas Blake Grothaus Bob Mahon Bob Santos Brad Thomas Brian Collins- Friedrichs Brian Moote Carissa Allen Carlos Olivan Carmen Palomera Caroline Tillier Cat Martin Catalina Cantu Catherine Clemens Catherine Danigelis Cesar Torres Chach Duarte White Chandra Wu Charles Wilkinson Chelsea R. Munger Chris Megaree Chris Moxon Chuck Weintock City of Seattle Claudia Castro Luna Combined Fund Drive Connie Robinson Cristina Lemos Dan Ford Danae Dotolo Daniel Bezerra Daniel Glenn Daniel Taylor Danielle Glennon Dave Lerner David Hasson David McLanahan David Provan Deborah Aguirre Dedrick Sprick Dennis Buchanan Diana Falchuk Dick Hutchison Donna O'Connor Douglas Chin Douglass Jackson Dulcie Claassen El Centro de la Raza - Senior Program Donations Ella Bumatay Emoree Martin Enrique Cerna Enrique Montez Enterprise Holdings Eric Vane Ernesto Acosta - Herrera Estela Ortega Esther Aguilar Evelyn Riquelme Brown Felix Chu Fiona Kerckhove Florangela Davila FongVong Francis Carr Frank Buysse Fred Rivera Gino Aisenberg Glenn Bafia Hannah Love Harvey Gorsuch Herbert Clute Hilary Handy Hilary Stem Housing Development Consortium Isaac Ruiz Jackie Dempere Jacqueline Zajanc Jade Sullivan James Modie Jan Levy Jane Nishita Janet Oishi Jared Watson Jean Bailey Jeff J Lehman Jeff Wright Jeffrey Favilla Jenna Labourr Jennie Douglas Jennifer Grant Jeno Amador Amador Jerry DeMuro Jerry Matsui Jerry Millhon Jessica Santana Jessica Wetter Jesus Aguirre Jewel Faye Thompson Jill Kreis Jill L. Geary Jill Wakefield Jim Yearby Joanne Myers - Ciecko Joey Glaser Joey Gray John Cerqui Jose Rendon Juarez Joni Greathouse Jorg Bott Josh Chaitin Juan Guerra Judy Pigott Julie Lyss Julissa Betancourt Kai Fujita Kate Roosevelt Kate Stewart Katherine Alfaro Katherine Carson Kathy Vanichkorn Katrina Freeman Keith Cowan Ken Coiling Kendra Guevara -Cruz Kim Mead King County Employee Giving Program Kristin Joyner Larry Nyland Leslie Basel Leslie Grace Lillian McDonell Lily Hong Linda Villegas- Bremer Liz Johnston Loreana Marciante Lorena Gonzalez Louis Gong Louis Mendoza Lourdes Portillo Salazar Lucia Daniels Maestas Lutheran Volunteer Corps (LVC) Lynly Beard Lynn Hubbard Lynn Stowell M.A. Leonard Maki Milan Manny Lee Margaret B Carter Margo Dannemiller Margot Dick Marissa Herrera Mark Melroy Martha Sandoval Martin Luther King, Jr. County Labor Council of Washington AFL -CIO Mary Lou Laprade Mary Maddox Mary Yu Marya Kaminski Matt Terry Michael Itti Michael Levin Michele Miller Michele Storms Michelle Schaefer Michelle Van Tassel) Miriam Roskin Nancy Long Nancy Randall Nataly Morales Norah Kates Olav Nossum Paul Kreider Paul Marciante Paul Purcell Paula Mendoza Peggy King Per Claesson Phyllis Gutierrez Kenney Randy Stone Raquel Crowley Rebecca Saldana Reed Sorensen Ricardo Lopez- Barquilla Ricardo Martinez Rick Lohr Rik van der Kooi Robert G. Lebo & Michelle T. Belzile Robert Murphy Rodney Proctor Roger Hansen Rohit Butail Rolando Rosette Ruben Salazar Ruby Montes De Oca Rudy Hurtado Ruth Darden Sadikifu Akina -James Sally Elliott Sally Renn Sandi Tovias Sandra Perez Santiago Ramos Seattle Mariners Baseball Club Sharon Hunter Sharon Okamoto Sheila Edwards Lange Somchith Manivong Sonia Sanchez Stan Dyck Stephen Deal Stuart J Stuple Susie Buysse Suzanne Davis Sylvia Rubio Tamar Zere Tere Burciaga Terry Keller The Evergreen State College The Oak Theresa Bash Tim Burgess Toby Gonzales Tony Mestres Tricia Brooks Twyla Carter Valerie Kinast Veronica Maria Gallardo Vicky Schiantarelli Victoria Kill Victoria Rodriguez Wayne Rawley William D. Garcia Xuan Hu Yrma Rodriguez Yunuen Castorena Amigos $1 -99 Abid Bhatti Adelfo Garcia Aimee Sutton Al Ralston Alejandro Bautista Alexandra Narvaez Alexandra Pettitt Alexis Oliver Alexis Suib Alyssa Mitchell Amanda DeSilver Amazon Smile Foundation Amelia Wood Amit Sharma Amor Spiritual Center Amy Waterman Anita Garcia Morales Anna Kramer Anne Focke Anne Stadler Annette Bowen Anonymous donors Antonio Lago Arturo Menendez Barbara Serrano Bernardo Ruiz Bettie Sing Luke Bill Fishburn Bo Zhang Brandon Severance Brian Carey Brice Maryman Calla Hummel Camila Lagow Carlos Sanabria Carmen Bendixen Carmen Edwards Carol Butler Cecilia Anang Cesar A. Motta Cesar Torres Charles Hodges Christina Rivera Christine Yuodelisflores Craig Gamble Craig Vierling Cristina Jimenez Cristina Rivera David Daw David Garcia David Keyes David Mendoza David Perez Dean Olson Debbie Akhbari Deborah Corr Debra L. Brady (Continued on next page) Debra Vigil Diana Navas - Rosette Donnie Maxwell Dorina McHenry Douglas Miller El Centro de la Raza - Latino Hot Meal Donations Elizabeth Allen Enrique Gonzalez Eric Newman Ethan Cheng Evelyn Yenson Fe Lopez Flezia Talbott Genaro Garcia Gerardo & Maribel Jimenez Ginakay Guerrero Ginger Montague Glenn Chinn Gonzalo Delgadillo Martinez Grace Douglas Gregg Hirakawa Ileana Ponce - Gonzalez James Krieger Jana Day Jane Sheridan Janine Vaughn Jason White Jeffrin Reyes Jen Blackwood Jennifer Davenport Jennifer Hagander - Luanava Jenny Prieto Jessica Trinidad -Hill Juan Goni Juan Miranda Judith Hightower Julia Harding Karen Akada - Sakata Karen Moon Kat Behrend Kate Wilson Katherine Wilson Kathleen Perry Kay McCorkell Kaydee Lavariega Kelle Rose Kendall Collins Kerry Keefe Kierra Phifer Laura Adams Cosacchi Lauren Berkowitz Leticia Lucero Linda Gainer Lisa Loutzenhiser Lisa Villalovos Lisa Zook- Sorensen Liz Olsen Lola Peters Loretta McIver Lorraine Scherer Lourdes Portillo Salazar Luis Alfonso Velasquez Flores After School Program Donations Luis Navarro Lynn Grotsky Madrienne Salgado Marcela Diaz Marcie Maxwell Margaret Duncan Maria Elizabeth Zamora Maria Sotelo Mariah Grife Marie Kurose Marie) Alcazar Mark VanOss Marlene De Taylor Martha Palomino Martin Haskins Marty Jacobs Matt Davis Matt Terry Matthew Mauer Matthew Perez Maura Donoghue Maximino Hernandez Megan Espinoza Megara Potts Mercedes Garcia Meredith Arena Michael & Izvara Predmore Michele Hasson Michelle Gonzalez Mike Hascall Monica Zepeda Nancy Gondar Naomi Schaefer - Geiger Natalie Gualy Nicole LaBrie Nina Laboy Norma -Erin Espinosa Northwest Association for Postpartum Support Patricia Coley Patricia Lopez Patty Lavelle Pearl Leung Pedro Meza Pepito Cadondon Pesha Klein Raman Khanna Ramon C Soliz Randy Cossette Raquel Garcia Raquel Silva Rebecca Switaj Regina Glenn Richard A Burke Richard Stolz Rita Salazar Roberto Frigillana Ron Harris White Rosamaria Rosales Ruben D. Soto Ryan Cowper Samara Ressler Sandra Madrid Sarah Monteith Sean Bagsby Shann Pattee Sheba Burney -Jones Sheila Capestany Shelby McPherson Shirley Aguilera Shirley Shimada Stacey Field Susan Ford Susana Murillo Ted Richardson Ted Thomas Tess Hurley Theresa Fujiwara Thomas Laing Tim Tower Timothy Rourke Timothy Tuura Tobias Grunthal Tom Stafford Truist Connect United Way of King County United Way of Snohomish County Uriel Varela Valerie Kinast Vanessa Arno Venetia Vango Vera Hoang Veronica Aliza- Galvan Vicente Barraza Victoria Stuth Violet Ewing Virgilio Soriano Virginia Perez Wan Smith Warren Munzel Washington Athletic Club William Ayears, II Zack Hudgins In -kind Donors 501 Commons 5th Avenue Theatre 94.9 KUOW Public Radio ACT Theatre Adriana Vega- Harris African American Museum Agua Verde Cafe & Paddle Club Alaska Airlines Alaska Fur Enterprise Alderbrook Resort & Spa Alex and Ani Alfredo Arreguin All the Best Pet Care Alyssa Kreider American Girl Amie Stafford Anne Bradfield Anthony's Restaurants AquaSox Archie Mcphee Argosy Cruises Ark Lodge Cinemas Arthritis Association ArtsWest Ashley Haugen Aveda Azteca Mexican Restaurant Bait Shop Bakery Nouveau Banda Vagos Banya 5 Beecher's Cheese Bellevue Arts Museum Ben Bridge Jeweler Beneath the Streets Benihana Beverly Kelly Beyond the Grape Big 5 Sporting Goods Big Dipper Wax Works Bike Works Bill & Melinda Gates Foundation Billy King Blue Sky Outfitters Bobbie Stephens Bottle House Brandon Lehnerz Brenda Mendoza Cafe Flora Cafe Presse Caffe Vita Camaloch Golf Course Canlis Restaurant Capelli's Babershop Cappy's Boxing Gym Card Kingdom Carlos Reyes Carniceria Azteca Caruh Salon Cash & Carry Cathy Allen Central Cinema Century Ballroom Charles Davis Chateau Ste. Michelle Cheesecake Factory Chihuly Art Studio Chihuly Collections Cafe Chihuly Garden and Glass Chocolati Handmade Chocolates Chris Lomaka Cindi Shiota Cinebarre City of Seattle Police Department Clear Channel Outdoor Click Designs That Fits Clipper Vacations Coach collage.com Columbia City Bakery Comcast Comedy Underground Communichi Acupuncture Conscious Body Pilates Costco Wholesale Cougar Mountain Baking Company Crowne Plaza Hotel - Seattle Crystal Seas Kayaking Denise Perez Lally Dick's Drive -In Restaurants Dimitriou's Jazz Alley Disneyland Resort Donovan Photographic Doodlebug Sportz El Centro de la Raza Board Members El Quetzal Elliot Bay Book Company Emerald City Trolley EMP Museum Erin Condren Evergreen Escapes EVO Expo Beauty Institute Fair Trade Winds Family Fun Center Family Search Fiber Gallery Fran's Chocolates Fulgencio Lazo Full Circle Full Tilt Columbia City Garage Georgetown Brewing Company Global Visionaries Golds Gym Gonzalo Espinosa Grand Central Bakery Graze Heavy Restaurant Group Hello Bicycle Hello, Cupcake Henry Art Gallery Hilliard's Beer Hilltop Red Apple Market Holiday Spirit Lighting Holland America Lines Hoodfamous Bake Shop Hortensia Calderon Hot House Spa & Sauna Hotel Nexus Hudson Portrait Design Humble Pie Hummingbird Saloon iheartmedia Impressions Photography J. Evan Kreider Jamie Bautista Janet Brown Janice Kreider Jill Otake Jim White John Howie Restaurants John Martin Joseph Veneziani Judith Gille Kent Valley Ice Centre KEXP KidsQuest Children's Museum KING 5 Broadcasting Co. Kip Toner Benefit Auctions Kirkland Performance Center Kukuruza Gourmet Popcorn La Finca Caribe La Mexicana Laura Adams Cosacchi L'Ecole (Continued on next page) 12 1 2015 ANNUAL REPORT 2015 ANNUAL REPORT 1 13 Liam's Bistro Lilian Yetter Lucky Strike Entertainment Lunchbox Laboratory Lynn Stowell Mac & Jack's Brewery Madrienne Salgado Madrona Wine Merchants Maid in Northwest Mario Sanchez Mary Yu Maryhill Winery Massage Envy Maya's Restaurant Mayra Lopez McKinley Mortgage LLC McMenamins Melania Duarte Sanchez Michael Rosenberg Photography Michelle Gonzalez Mockingbird Books Mountain to South Outfitters Mounted Patrol Unit Muckleshoot Casino Museum of Glass Museum Quality Framing Name -A -Star National Council of La Raza (NCLR) Neighborhood Grills Neumos New Roots Organics Nicole Tilson Northwest Asian Weekly Foundation Northwest Chamber Chorus Northwest Outdoor Center Northwest Puppet Center Novelty Hill Januik Winery Olivia Ornelas One Wild Strawberry OOLA Distillery Oregon Chai Otterbox Out of Print Clothing Outerwall: Red Box P.F. Chang's China Bistro Paco Reyes Paint Away Now Paint the Town Ceramics Painting Studio Parlor Live Comedy Club Patricia Loera Patricia McClausland -Gallo Peddler Brewing Company Pegasus Book Exchange Pepsi Beverages Co Pike Brewing Company Plantscapes Poq u i to's Pronto Cycle Share Pure Barre Queen Anne Frame Raquel Garcia RealTree Redhook Brewery Redmond School of Glass Renee Jewell Reptile Zoo Ricardo Garcia Rick Steves Europe Riverdance Robert Keefe Rock and Roll Hall of Fame Room and Board Rosamaria Graziani Rosanna Inc Roxana Amaral Ruby Montes De Oca Rudy's Barbershop Safeway, Inc. Salsa Con Todo Salsa N Seattle Sarah Hower-McCraw Sea Glass Fine Art Seafair Seattle Art Museum Seattle Bouldering Project Seattle Children's Museum Seattle Children's Theatre Seattle City Light Seattle Classic Guitar Society Seattle Mariners Seattle Men's Chorus Seattle Mosaic Arts Seattle Musical Theatre Seattle Public Theater Seattle Public Utilities Seattle Reign FC Seattle Repertory Theatre Seattle Seahawks Seattle Sounders Seattle Thunderbirds Seattle University Athletics Seattle Yoga Arts SIFF Silverwood Theme Park Sister Sage Herbs Sitka and Spruce Soaring Hearts Natural Beds Sock Monster Son Dog Flute Works Sorrento Hotel Seattle Sound Community Bank Southside Booty Camp Southwest Airlines Spanish in Seattle Sponge School Starbucks Stephen Deal Steve Day Stevens Pass Storybook Theater Strategic Living, LLC Sub Zero Surf Ballard Susan Maisel Sysco Seattle Tacoma Rainiers Tallulah's Tara Aal Tavern Hall Teatro ZinZanni Tennis Center Sand Point The Center for Wooden Boats The Confectional The Essential Bakery The Love Lab The Museum of Hight The Oak The Resort at Port Ludlow The Station The Summit at Snoqualmie The Westin Seattle The Woodhouse Wine Estates Theo Chocolate Tom Douglas Restaurant Total Wine and More Toys for Tots Tulalip Resort Casino Tutta Bella Neapolitan Pizzeria Umbria Caffe University of Washington Athletics Urban Float Uwajimaya, Inc. Velocity Dance Center Victoria Kill Vulcan Incorporated W Hotel Wabi Sabi Washington State Convention Center Washington State Department of Intercollegiate Athletics Washington State Fair Washington State University Watercress Vietnamese Bistro Westin Hotel & Towers Westland Distillery Whole Foods Market Wing Luke Asian Museum Woodland Park Zoo Xfi n ity Arena Yellow Tail Records Zippy's Giant Burgers 2015 Plaza Roberto Maestas Funders & Donors: $100,000 plus Employees Community Fund of Boeing Puget Sound Norcliffe Foundation Wells Fargo Housing Foundation $50,000 to $99,999 Joshua Green Foundation Medina Foundation $25,000 to $49,999 City of Seattle Office of Arts and Culture Hugh & Jane Ferguson Foundation Susan Maisel U.S. Bank $10,000 to $24,999 Cavazos and Espinosa, PLLC Ellen Ferguson Hon. Antonio "Moe" Maestas & Vanessa Alarid John Martin Key Bank Foundation Nisqually Indian Tribe $5,000 to $9,999 Enrique Cerna Frank & Cristina Lemos Jim Cantu Linda & Carlos Guangorena Quinault Indian Nation Walsh Construction Co. $1,000 to $4,999 Brady Walkinshaw Carolyn Holtzen Herb Bridge Judy Pigott Kristin Houser Patricia Loera Phyllis Gutierrez Kenney Sharon Maeda Yvonne Sanchez & Russell Family Foundation $0 to $999 Adam Berger Alex Mann Andrew Volk Anne Xuan Clark Austin Shelton Bianka Sanchez Bonita Miller Bruce Flory & Bigelane Anita Unger Bryan and Sally Yates Cindy Ogasawara Claudia Verellen Cristina Garcia Dale Van Pelt David Freeburg Dean Kralios James Halley Jane Reich Jason Vacha John Leland John -Kate Parrish Juan Cotto Junko Whitaker Kantor Taylor Kathleen Weber & John Gray Kenneth Alhadeff Lila Trowbridge Lisa Ondrejcek Martha Jimenez Martin Garfinkel Michael and Iza Predmore Mike Stevens & Liz Mitchell Oliver Spencer Peter Wollstein Ricardo & Linda Sanchez Robert Dunlop Sara Morris Sea Mar Community Health Centers Sharon Hu Steven Gelb Stuart Leland The John & Sandra Leland Foundation Theodore Van Cleave U.S. Bank Urbano Santos Venetia Runnion Vivian Kreider Walsh Construction Co. Washington Women's Foundation Westside Unitarian Universalist Congregation Wiliam Fligeltaub Yohannes Sium In -kind Donations Anne Bradfield Comcast 501 Commons Brick Campaign Familia Level Agua Class - Jose Marti CDC Alejandro Narvaez Alfredo Arreguin Alice Gregory Aline Flower Alyssa Kreider Amalia Maestas Ana Torres Ann Melone Annette Bowen Arnold & Clare Haugen Barbara Lampert Betsy Lieberman Bill Ramos Bill Reid Binda Douglas Bob Santos Carmen Edwards Carmen Palomera Catherine de la Garza Catholic Community Services of Western Washington Cavazos and Espinosa Christine Yuodelis- Flores Chuck Nordhoff Colin Sexton David McLanahan De Colores Class - Jose Marti CDC Dean Kralios Deborah Aguirre Eddie Demmings El Sol Class - Jose Marti CDC Enterprise Community Partners, Inc. Forterra Board of Directors Forterra Employees Gaye Barrett Gloria Gutierrez Gregory Blount Harriett Morton Hilary Stern Janice Kreider Jeffrey Miller Joelle Malone (Continued on next page) Joey Gray John Creighton John Daniels Judy Pigott Julia Stone Kashina Groves Kate Roosevelt Kelly Ann Brown Foundation Kenneth Coiling King County Executive Dow Constantine Kristen Wanner Kristin Houser Latina /o Bar Association of Washington Laura McAlister Lillian McDonell Louis Mendoza Luisa Gallardo Mark Leland Martha Kongsgaard Martha Sandoval Mary McNeill Merit Electric Michael & Izvara Predmore Muckleshoot Indian Tribe Nancy Long Phyllis Kenney RDF Builders Rebecca Roe Robert Calaff Robert Keefe Rollin Fatland Rosa Allen Deal Rosa Deal Roxana Amaral Russell Blount Sarah Haywood Eaton, Irene Routte,Yessenia Medrano, Kayla Rakes, Heather Hudson, Connor Murphy & Rebecca Allen Schroeter Goldmark & Bender Soaring Heart Natural Bed Co. South East Effective Development (SEED) Stella Chao Stephen Deal & Vivian Kreider Sunrise Plumbing LLC Susan Maisel Susan Tsay Suzanne Burke Sylvia Rubio Thomas Keefe Tom Byers Tom Keefe Tom Slattery U.S. Bank Victoria Kill Virginia Anderson Vulcan Incorporated Walsh Construction Washington Education Association Westside Unitarian Universalist Congregation William Sunderland Yenvy Pham Brick Campaign Comunidad Level Representative Adam Smith Adriana Cagan Adriana Maxwell Aimee Joyce Alan Painter Alan Rabinowitz Alan Torres Alejandra Tres Alejandro Narvaez Alejandro Paredes Alexandra Kralios Alexia Klatt Allison Feher Alma Feldpausch Alyssa Van Hofwegen American Civil Liberties Union of Washington State Ana Lilia Garcia Ana McCleary Andrew Darring Angela Castaneda Anne Levinson Anne Stadler Antonio Diaz & Sergio Armijo Arcoiris Class - Jose Marti CDC Arlene Chavez Arlene Williams Arturo Menendez Ashley Haugen Barbara Guzzo Barbara Mendoza Benita Horn Bernadette C. Polinar Beth Somerfield Bettie Luke Bing Tso Jr. Bobbie Stephens Brendan Reville Bruce Merrell Cad Cornish Carmen Miranda Cerna Landscape Inc. Charles Wilkinson Charlotte Trelease Cheryl Ellsworth Christine Drape Cindy Proctor Clint Berquist Constance Rice Consuelo Meza Courtney Gregoire Cristina Rivera & Paula Suarez Crystal AM Class - Jose Marti CDC Crystal PM Class - Jose Marti CDC Daniel Ford Daniel Glenn Daniel Ruiz Daniel Shames David Foutch David Hiller David McRae David Sieminski David Springer David Woodward David Ziff Debra Hannula Denise Perez Lally Derek Low Diana Dunn Diane Douglas Diane Sugimura Donald Stark Doug Chin Dulcie Claassen EI Viento Class - Jose Marti CDC Elaine Nonneman Elizabeth Wall Emily Sorman Emma Maestas Enrique Cerna Enrique Espinosa Enrique Gonzalez Erin Sanders Fe Lopez Fernando Clara Francisco G Villarreal Francisco Gonzalez Garcia Frank & Cristina Lemos Gayle Johnson Gotita de Agua Class - Jose Marti CDC Gustavo Luna Hannah Rule Hilda Magana Hope Hensley Inner Space Studio Isaiah Schaefer - Geiger J Michael Diaz Jacob Prendez Janes Gypsum Floors Inc. Janet Knutzen Janet Monroy Janet Stafford Jeff Favilla Jeffrey Graves Jeffrey Middelton Jennie Douglas Jennifer Grant Jennifer Wittenberg Jerry Lee Jessica Harris Jim Bromley Jim Cantu Jo Anne Myers - Ciecko Joanne Cisneros Joanne Keefe Joaquin Navarro Manas Joe Quintana John Bowen John Martin John Policar Jose Manuel Vasquez Jose Reynaga Juan C. Guerra Justice Mary Yu Kai Fujita Kate Lowe Katherine Harris Kathryn Ramos Kelley Couvillion Kelly Sommerfeld Kevin Keefe Kimiko Goldberg King County Metro Employees Kristin Joyner Kyl Dinsio Larry & Rhonda Gossett Lauren Kastanas Lee Nathan Leo For Leslie Helm Linda Guangorena Lisa Brodoff Lorelei Villarosa Lourdes Portillo Salazar Luis Alejandro Acosta Luis Alfonso Velasquez Flores After School Program Lutheran Volunteer Corps Alumni Volunteers M.A. Leonard Madison Prior Madrienne Salgado Magdaleno Rose -Avila Manfert Lee Margaret Darlow Maria Rico Mario & Patricia Pastore Mario Sanchez Mark Holtzen Marques Kirsch Martha Diaz Mary Hoang Mary Puttmann Mayor Ed Murray Mayra Lopez Megan Le Megan Menkveld Melissa Jonas Michael Fox Michael Lucero Michael Schloss Michael Verchot Michele Hasson Michelle Connor Michelle Taylerson Michelle Weis Mick Duggan Migee Han Miguel Maestas Nancy Jaramillo Open Arms Board &Staff Pamela Silverstein Patriot Fire Protection Paul Cox Paul Kreider Paul Mitchell Paulette de Coriolis Pedro Espinoza Peter Ehrenkranz Phyllis Rowland QBSI -Xerox Ramiro Reyes Randall Ray Randy Engstrom Rayito de Sol Class - Jose Marti CDC Rebecca Over Rebecca Saldana Renee Jewell Ricardo Garcia Richard Francisco Pelaez, Jr. Richard Romero Richard Ward Roberta Lindeman Roberto Altschul Robin Fluharty Rocio Espiritu Roger Tucker Ronald Chisom Roxanne Glick Sara Ainsworth Sara Woolsey Sarah Slothower Sean Cunningham SEIU 1199 NW Senator Patty Murray's Office Shannon Armstrong Shirley Morrow Sims Weymuller Sound Child Care Solutions Starbucks, Hora del Cafe Stephen Day Susan Chin, Teresa Wong, & Laura Wong Whitebear Suzanne Skone Tere Burciaga Teresa Sherwood The West Studio Tobias Gonzales Tom Byers Unleash the Brilliance Vance Lorenzana Vicente Barraza Vicky Schiantarelli Virginia Culbertson Virginia Frausto Xuan Hu Yadira Ortiz Ymelda Mears Felix We apologize for any omissions or errors on this list. Please call (206) 957 -4611 and we will correct our records. Gracias. 14 1 2015 ANNUAL REPORT 2015 ANNUAL REPORT 1 15 252416th Avenue South Seattle, WA 98144 -5104 www.elcentrodelaraza.org Mission El Centro de la Raza (The Center for People of All Races) is grounded in the Latino community. Our mission is to build the Beloved Community* through unifying all racial and economic sectors; to organize, empower, and defend our most vulnerable and marginalized populations; and to bringjustice, dignity, equality, equity and freedom to all the peoples of the world. *Rev. Dr. Martin Luther King, Jr. Stay Connected! Get current news and updates from El Centro de la Raza. Visit our website at .w.w.:w elcernt.ro.cje:l�r z .o.2 and sign -up for our free eNewsletter. Like us on Facebook at facebook.comLLi i- ntro72 Follow us on Twitter at twitter.com /eicerntro72 View us on YouTube at voutube.com /eicerntro72 El Centro de [a Raza Washington State Non - Profit 501(c)(3) TAX ID# 91- 0899927 UBI# 601025014 IRS 990 Available Online www.eicentrodelaraza.org 252416th Avenue South, Seattle, WA 98144 as Z -Al 2016 Board of Directors Juan Cotto, President Norma Cuevas Roxana Amaral, Vice Christina Garcia President Ricardo Garcia Pablo Mendoza, Treasurer Martha Jimenez Victoria Kill, Secretary Alexandra Narvaez Madrienne Salgado, Parliamentarian Bianka Sanchez Emma Catague Urbano Santos Ramon Soliz El Centro de la Raza is directed by a 15- member Board of Directors that meets monthly. Our diverse board membership consists of public and private sector professionals, youth, senior citizens, volunteers, and low - income community members. Editorial Team: Estela Ortega, Executive Director Ashley Haugen, Development Associate Sarah Slothower, Donor Relations Coordinator (LVC) Contributors: Lauren Kastanas, Grants Development Coordinator Miguel Maestas, Associate Administrator Sharon Hu, Controller Carlos Reyes, Volunteer Coordinator Mario Sanchez, Events Coordinator Nicole Tilson, Capital Grants Writer Photo Credits: El Centro de la Raza Staff and Volunteers 117 118 About SMR Stickney Murphy Romine Architects PLLC (dba SMR Architects) is a SMR AREAS of EXPERTISE twenty -one person firm that was established in 1977 as Stickney & Murphy Multi - Family Housing Architects. Mixed Use In our nearly 40 -year history, SMR Architects has emerged as a leader Transit - Oriented in affordable housing, historic preservation, and sustainable design. Our Development practice is grounded in a belief that all people deserve enduring, high - quality design. For us, architecture is not just schematics and specifications; it is Site Planning about the people who ultimately use and inhabit the buildings we design. Historic Preservation At SMR, we create living spaces; our structures provide a place for life to Rehabilitation happen as they enrich, anchor, and interact with the neighborhoods of which Adaptive Reuse they are a part. Our team's collaborative and creative approach to problem solving, experience with neighborhood outreach and engagement, and Occupied Rehabilitation sustainable philosophy help us serve both our clients and the community, GM /CM putting people first. The majority of our work is focused on the design of affordable multifamily housing; which includes: cottage, senior, workforce, family, mixed -use, artist live -work, homeless, and veterans housing. SMR also has been a leader in the practice of historic preservation and is deeply involved with advocating, saving and preserving Washington State's rich architectural heritage. The balance of our work also is primarily non - profit based, with an emphasis on collaborating with community - focused organizations. We value working with partners and clients whose mission we believe will enhance the greater community through, housing, social equity, diversity, and a sustainably built environment. Our understanding of the multi - layered funding and development schedules often connected with affordable housing and historic preservation allows us to better assist our clients in successfully completing a project. We also understand the various advocacy efforts that may be needed to help a project secure funding, permitting and or legislation. SMR's guiding principals include: Thoughtful planning Collaborative and creative problem solving * Sustainable design Community focused design Teamwork We are committed to collaborating with our clients, the community, general contractors, consultants and other project stakeholders to achieve elegant solutions that are cost effective and meet program goals. Through this team approach we are consistently able to deliver the best possible project. PAGE 1 119 LOCATION Seattle, WA OWNER El Centro de la Raza Estela Ortega 206.957.4613 eortega @elcentrodelaraza.org CONSTRUCTION COST $27.8 million PROJECT FEATURES Mixed Use Transit Oriented Development Affordable Housing Public Funding Enhanced Sustainable Features Urban Infill Community Center Childcare Center LOCATION Seattle, WA OWNER Capitol Hill Housing Chris Persons 206.204.3850 cpersons @capitolhillhousing.org CONSTRUCTION COST $27.3 million PROJECT FEATURES Mixed Use Transit Oriented Development Affordable Housing Public Funding Enhanced Sustainable Features Urban Infill Performing Arts Space Non - profit Office Space SIVIR ARCHFrECTS 120 Plaza Roberta Maestas* I Seattle This transit oriented, mixed -use development is located across the street from the Beacon Hill light rail station and immediately adjacent to the historic Beacon Hill Elementary school house. Part of a larger vision for an integrated campus that expands El Centro de la Raza's social services, the project provides 112 units of affordable family housing, micro retail space, expansion of a childcare center, a community /cultural center, program and other office space, and a central outdoor plaza that provides flexible civic gathering place for the neighborhood's diverse cultures. *SMR served as the architect of record on this project, in association with Design Architect, 7 Directions Architects /Planners, and Consulting Architect, Third Place Design Cooperative. 12th Avenue Arts I Seattle 12th Avenue Arts transformed an under utilized, 29,058 SF surface parking lot into a vibrant, mixed -used development that addressed multiple community priorities, including creation of affordable housing and development of affordable performing arts space in a rapidly gentrifying neighborhood. The completed project provides 88 units of work- force housing, two black -box theaters, vibrant ground floor retail and restaurant space, incubator office space for non - profit organizations, and a secure underground parking facility for police officers of the East Precinct. The main entry and retail spaces pull back from the sidewalk, creating outdoor gathering areas that open opportunities to activate the pedestrian environment. An undulating veil of fenestration above also serves as the building marquee. PAGE 2 LOCATION Issaquah, WA OWNER YWCA Seattle, King and Snohomish Counties Kris Lambright 206.490.4380 klambrig @ywcaworks.org CONSTRUCTION COST $30.4 million PROJECT FEATURES Mixed Use Transit Oriented Development Affordable Housing Public Funding Enhanced Sustainable Features Urban Infill Childcare Center Community Center Non - profit Office Space LOCATION Everett, WA OWNER Artspace USA Greg Handberg 612.889.3905 greg.handberg @artspace.org CONSTRUCTION COST $9.9 million PROJECT FEATURES Mixed Use Affordable Housing Public Funding Enhanced Sustainable Features Urban Infill Gallery Ail Center SMR ARCH[ I LC fS The YWCA Family Village answers the need for affordable housing on the Eastside, targeted at serving working -class families struggling to bridge the gap between their incomes and ever - increasing housing costs. This 2.4- acre project consists of 146 affordable mixed- income residential housing units comprising multiple residential buildings, a childcare center, YWCA regional offices, and a community center. This environmentally progressive project achieved BuiltGreen 5 -star certification and LEED NC Gold Certification. The development also incorporates community meeting and outdoor gathering spaces and provides safe pedestrian access to the adjacent Metro park -and- ride. Artspace Everett Lofts ( Everett Artspace Everett Lofts provides 40 units of affordable artist live /work apartments for individuals and families, as well as office space for the Arts Council of Snohomish County. Units include one- and two- bedroom spaces from 800 to 1,300 sq. ft, and feature open floor plans, high ceilings, and durable surfaces. The building also features an outdoor roof deck for residents, commercial storefronts, and underground parking. Since its completion, the project has become a key generator to enhancing the sense of community in its downtown Everett neighborhood. The development is LEED NC Silver Certified. PAGE 3 121 122 EXHIBIT C HealthPoint Application 123 124 (w) Health Point www.healthpaintchc.org December 5, 2016 Mayor Allan Ekberg City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Mayor Ekberg, ADMII NIST[RA"1ION 955 Powell Avenue SW Renton, WA 98057 main (425) 277 -1311 (a>: (425) 277 -1566 Please find attached, HealthPoint's Statement of Interest and Qualifications for the purchase of the Tukwila International Boulevard Parcels. For many years HealthPoint has partnered with the City of Tukwila to better understand the unique needs of this community and to bring services to the community. We feel we are well positioned to bring more comprehensive services to better address the needs and improve the health of individuals and community. We believe we can do this with the development of HealthPoint's Tukwila Health and Wellness Resource Center. We are grateful for your consideration of this request and we look forward to hearing back from you soon. Please let us know if there is any additional information or clarification we can provide to you with this application. CLI N11C LOCATIONS- Auburn • Auburn North • Bothell • Federal Way , Kent - Midway • Redmond • Renton • SeaTac • Tukwila • Evergreen Campus • Tyee Campus 125 REQUEST FOR STATEMENT OF INTEREST AND QUALIFICATIONS Tukwila International Boulevard Parcels The City of Tukwila is currently accepting applications to purchase and develop 1.7 acres of City-owned land along Tukwila International Boulevard. Project Area The City owns five parcels of land that are the subject of this RFQ. Four parcels are located at 14420, 14440, 14442, and 14452 Tukwila International Boulevard and are known as assessor parcel numbers 004000-0175, 004000-0190, 004000-0252, and 004000-0253, respectively. The fifth parcel is located on South 146th Street and is known as assessor parcel number 004000- 0255. Submittal Interested parties must submit an application. If you would like an editable version of the application in MS Word, please email Derek Speck at derek.speck@tukwilawa.gov. The application must be mailed or hand delivered to: City of Tukwila Mayor's Office 6200 Southcenter Boulevard Tukwila, Washington 98188 Please include 15 sets of copies, including attachments. Incomplete applications may be disqualified. All documents must be on standard 8.5" by 11" letter size paper. Stapled, color and double-sided pages are acceptable. Do NOT include visual depictions of your concept for the site. Any visual depictions for your concept (e.g. artistic renderings, conceptual drawings, schematic drawings, site plans, etc.) will not be included in the evaluation process. Please note that applications will become public records and may be included in their entirety in the Council agenda packets. The City will not compensate applicants for their submittal. Due Date: Applications, whether mailed or hand delivered, must arrive no later than 12:00 p.m. on December 5, 2016, PST. The City will not be liable for delays in delivery of responses due to handling by the US Postal Service or any other type of delivery service. Faxed or emailed applications shall be rejected. 126 Evaluation Process The Tukwila City Council will select a developer based on the developer's qualifications, proposed use of the site, anticipated project schedule, expected price, or other criteria. The City reserves the right to reject all applications, modify or supplement the application requirements, or waive any irregularities in the content or timing of any applications. Anticipated Schedule November 17, 2016 December 5, 2016 December 9, 2016 December 12, 2016 December 12, 2016 January 2017 Request for Qualifications (RFQ) is available Deadline for developers to submit applications (NOON) Applications and staff report available for public review City Council discussion City Council selection of developer Begin negotiations Note: This schedule and process is subject to change. The City purchased these properties in 2014 and 2015 to reduce crime. Previously, three motels and a small retail store were operating on the properties. In 2016 the City demolished the buildings. The site is zoned Neighborhood Community Commercial (NCC) and is within the Urban Renewal Overlay Zone. The properties are also located within the City's Community Renewal area. In 2016 the City updated its Comprehensive Plan, which includes a chapter, the Tukwila International Boulevard Element, that explains the vision for the neighborhood. The Comprehensive Plan and zoning information is available on the City's website. The City is not aware of any environmental issues that would affect the development of the site. Prior to purchasing the properties, the City completed Phase 1 environmental reviews. During demolition the City required all hazardous materials to be properly handled. The City will provide copies of all environmental documentation after it selects an applicant. The City is considering building a new Justice Center, which would house the City's Municipal Court and Police Department. The City has not conducted a site selection analysis but intends to complete the analysis in 2017. Even if the City selects an applicant, it is possible the City will decide to keep the property for the Justice Center. Updates and City Contact Information If you plan to submit an application and would like to be notified about any updates, revisions, and clarifications, or if you have any questions related to this RFQ, please email Derek Speck at derek.speck@tukwilawa.gov. Only email communications will be accepted. Thank you for your interest in the City of Tukwila! N 127 • Applicant Organization Name: HealthPoint Address: 955 Powell Ave SW, Renton, WA 98057 Website: www.healthDointchc.ora Please describe the legal structure of the applicant organization (e.g. sole proprietor, general partnership, LLC, corporation, 501(c)3, etc.): HealthPoint is a 501(c)3. Please list the principals of the organization with name and title. Thomas Trompeter, President and CEO Debbie Wilkinson, Chief Operating Officer Vicki Hammond, Chief Financial Officer Judy Featherstone, Chief Medical Officer John Caron, Chief Dental Officer Lisa Yohalem, Chief Strategy and Development Officer Please describe the size and staffing of the organization. At HealthPoint we believe Everyone Deserves Great Care. Healthy communities are made of healthy people, and the best way to keep people healthy is to make quality health care accessible to everyone. That was the simple founding belief of HealthPoint in 1971 and it's what continues to guide us today (45 years later). Today HealthPoint is a major primary care system with connections stretching in all directions and deeply integrated in King County's culturally and economically diverse communities. Our mission is to strengthen communities and improve people's health by delivering quality health care services, breaking down barriers and providing access to all. HealthPoint has 14 locations in King County cities outside the City of Seattle. Our 10 comprehensive community health center locations are in Auburn, North Auburn, Bothell, Federal Way, Kent, Redmond, Renton, SeaTac, Midway (Des Moines), and Tukwila. Through innovative cross-sector community partnerships, we have 2 school based health centers at the Evergreen Campus in Burien and the Tyee Educational Complex in SeaTac, and 2 primary care clinics at Valley Cities' community mental health centers in Kent and Auburn. Today HealthPoint employs over 740 people. We are a health care home to over 84,000 patients who benefit from coordinated and comprehensive team-based care that includes preventive and primary medical services, dental services, behavioral health care, naturopathic medicine, pharmacy, social support linkage and case management, insurance enrollment assistance, nutrition counseling, acupuncture, and educational group visits to promote health and well-being. We bring together all the services 3 128 someone needs to get and stay healthy. To date, in 2016, we have provided over 320,000 health care visits. For over four decades, we've served the county's suburban communities, where poverty rates, cultural diversity and the need for affordable health care have all increased sharply in recent years. 70% of our patients represent a racial or ethnic minority and 95% are living with low incomes (less than 200% of the federal poverty level, or $48,600 for a family of four). This year we have provided interpretation services to over 24,000 patients best served in their own language. Our care teams continuously work hard to find new means of treating people that are more medically effective and culturally appropriate— always with an emphasis on compassion and dignity. Applicant's Primary Contact Person Name and Title: Thomas Trompeter, President and CEO Phone: 425.203.0405 Email: titrompeter@healthpointchc.org Applicant's General Experience 1) Describe your prior development experience. Preferably, use examples of past projects and describe each project, its location, your organization's role in the development, other significant partner organizations, your organization's financial contribution to the project, financial partners (investors, lenders and other), and timeline. Note: You are welcome to include images showing the final product but it is not required. HealthPoint has expanded significantly in the past ten years with the full construction of two new HealthPoint owned facilities, major renovations and alterations of existing facilities for new clinics, and renovations to accommodate service expansions at established clinics. HealthPoint has planned, financed and executed at least 3 major construction projects and 12 alteration and renovation projects over the ten years. HealthPoint has been the sole developer in each project and has financed those projects with a combination of the private placement of tax-exempt bonds, public and private grants, contributions and HealthPoint equity investment. HealthPoint's most recent major construction project was the development of HealthPoint Midway, a 36,000 square foot health center facility on Pacific Highway South in Des Moines that opened in the fall of 2013. The 36,000 square foot LEED silver building includes: 21 medical exam rooms, 10 dental operatories, a full pharmacy, a medical and dental laboratory, behavioral health care offices, group meeting rooms, Women, Infant and Children program offices, and a co-located Valley Cities Counseling and Consultation community mental health clinic. The project was $15,000,000 and was financed with 2 129 HealthP0inteqUit» tax-exempt financing and capital campaign contributions. The project took under 3 years to complete from land acquisition to completion. HealthPoint Midway was developed asa new access point for comprehensive and affordable health care for low-income families and individuals in the community. The health center is a one-stop shopping center for health and wellness, with multiple services at one location for convenience and ease including primary medical care, primary dental care, social support services, and a full pharmacy. Public Health Seattle & King County /PHSKC\ operates its Women, Infants and Children /VV|C\ program onsite. Valley Cities Counseling and Consultation, a community mental health provider, operates an outpatient mental health center for our patients and for the greater community. Hea|thPoini and Valley Cities' innovative partnership isserving as a model for the County's integration efforts driven by Washington State's physical and behavioral health integration imperative. Attached to this proposal are pictures ofHealthPoint Midway located at 36401 Pacific Highway South. 2) Describe your experience with sustainable building practices. HealthPoint is proud to have built two BED projects a LEED Gold and LEED Silver; one in Bothell and the other in Des Moines. VVe are committed todesigning and building environmentally friendly and healthy buildings. |n Tukwila xve will explore LEEDcertification and possibly the Living Bui|dingChaUenge-asustainabi|kvapproachfocusedoncraatin#a harmonious environment at all levels in homes, workplaces, neighborhoods, villages, towns and cities. We believe itis important for our organization tobe involved increating communities and buildings that promote healthy living. Our primary goal in site selection is to utilize an existing urban brownfield site that is accessible by transit, bicycling and walking, to encourage alternative means of transportation. We will explore regional building materials, look for ways to reduce water usage, incorporate on site energy production approaches to achieve net-zero energy, and pursue a building design that minimizes our carbon footprint. 3) Describe your experience and knowledge mfTukwila. HealthPVint has been providing affordable quality health care to King County residents for 45 years. Early clinic locations in Renton and SeaTac provided care to Tukwila residents, and in December, 2bil we opened our first location in Tukwila in partnership with Highline Hospital (at the old Riverton Hospital ER) toprovide better access to primary care for area residents. Today, atHealthPoint Tukwila on Military Road xve are a health care home with a full pharmacy 10 almost 2,OOO Tukwila residents. This fall xVe opened our adjacent dental clinic to provide better access tOdental care for the community. As successful as our programs are in Tukwila xv8are challenged to meet the community need at our current site ay space islimited and the location continues tob8achallenge. Through this initial 61 commitment we have gained a better understanding of how we can best serve Tukwila, and incorporate this knowledge into a new facility that will provide better access and expanded services. With a relatively short lease (4.5 years) we have begun planning for agreater presence and new development. We have recently worked with the city of Tukwila Building Department on several tenant improvement projects for medical, dental and pharmacy facilities projects. We feel it was a successful collaboration with the city staff to meet both of our needs to provide a highly functional facility and a safe environment. The Tukwila community has extraordinary ethnic diversity. Itb well documented that ethnic minorities continue Lo experience disparities acrossa significant nurnberofhealthstatus measures and health outcomes. HealthPoint's presence in Tukwila is well-established and highly valued in the community. Our health center has developed strong cultural competence and expertise in overcoming language barriers, working through cultural differences, and building authentic relationships to facilitate patient engagement in care. For many years HealthPoint has partnered with the City of Tukwila to better understand the unique needs of this community and tobring services to the community. VVe have always planned to bring more comprehensive services to better address the needs and improve the health of individuals and community. VVe believe xve can do this with the development of Hea|thPoint's Tukwila Health and Wellness Resource Center. Applicant's Development Concep 1) Describe your vision and intended use for the site. HealthPoint's Tukwila Health and Wellness Resource Center is envisioned asacentrally located and well integrated facility that would include comprehensive primary medical and dental care as well as a host of other programs, services and resources that help the community get well and stay well. HealthPoint will expand upon its work tu develop an innovative model that extends the traditional health center — a model that takes an active role in addressing community factors and the social conditions that impact the health of individuals and the community, and enhances lives through co-located services, integrated care teams, community partnerships and a possible residential component. The Tukwila Health and Wellness Resource Center will promote, celebrate and support the diverse and multicultural community that it will serve. HealthPoint will engage and co- locate other partners working on community identified needs such as mental health and substance abuse, economic development, housing, education and job training. We envision a center with partners who work creatively and collaboratively to address the direct and indirect health needs of the Tukwila community and promote wellness. ThecenLerxvou|d support a thriving community inTukwila, providing services that serve all residents. We've been planning for the Tukwila Health and Wellness Resource Center for many years. Our original p|anningforihisstartedin3O12m/henvvexverehopingtobeapahofthe Tukwila Village development. As our plans grew it became apparent that xve would not be able to fit within that site. The properties adjacent to Tukwila Village would beaperfect location for this center, as our services would fit well with this new senior housing development. If we are selected as the developer, one of our first steps wi.11 be to partner with the City of Tukwila — though its Community Engagement Manager and the Community Connectors Program to align ourselves with any current planning efforts underway (for example the T|B Neighborhood planning efforts being led by CNU.org') We will partner with others to conduct a stakeholder engagement process, first reviewing community need research findings from recent "Community Converaations". As needed xve would then engage the community in the identification of any additional needs that could be addressed inthe development oJ this project and related programming. Once programming needs are identified a process to engage potential partners would follow to select partners with both a shared vision, as well as experience delivering the services needed. The table below outlines Hea|thPoint health care services as well as other envisioned services for the Tukwila Health and Wellness Resource Center. 7 11 ON • Primary Medical Care * Mental Health and * Affordable Housing Substance Use • Primary Dental Care * Shared spaces for: e Women infant and o Exercise classes • Behavioral Health Children's Nutrition Services o Cooking and (WIC) and nutrition • Full Pharmacy Maternity Support Services o Music classes (MSS) o Art classes • Health and Wellness o Technology classes classes Specialty care services — for o Legal Services rotating providers to providing on-site access to * Daycare Center most needed specialty services, e.g. dermatology, e Financial Services/Banking sports medicine, cardiology, community resource desk to help navigate health and social service systems. (current partner G2L) 7 Early partnership conversations have included leaders from the following organizations: Valley Cities Counseling, Navos, RAYS, Lifelong, Global to Local(G2L), SHAG, Providence, Salal Credit Union, the YMCA, and Bellwether Housing. We continue to identify and reach out to other potential partners including: Tukwila Community Center, Tukwila School District, El Centro de la Raza, Washington Medical Legal Partnership, Mercy Housing, Multicare, Lutheran Community Services, International Rescue Committee and Project Access. 2) Describe how your intended use of the site would benefit Tukwila residents and businesses. The Tukwila Health and Wellness Resource Center will bring expanded health care services to the community along with other needed resources that help residents get well and stay well. Healthy people help build healthy communities. In addition to the expansion of services for the community, at least 100 permanent living wage jobs will be created with this center. Area businesses will benefit from healthier residents and job creation. According to a 2015 study conducted by Capital Link Consulting, HealthPoint contributes about $126.7 million annually in economic impact. For every $1.00 spent on health center operations, and additional $1.80 is generated in economic activity. As HealthPoint expands, our expenditures and corresponding economic impact also grow. HealthPoint seeks locations that are walkable and that are served by transit, and the Tukwila International Boulevard (TIB) Project Area is a prime example of a neighborhood where HealthPoint can be a part of the civic life. The Tukwila Health and Wellness Resource Center will provide an anchor for future development while promoting the pedestrian environment, supporting access by transit, providing amenities for bicyclists, and initiating the main street appeal as part of the building and site design. This location would also allow for easy access to health care for people who are living and working in the area. We believe our vision is consistent with and contributes to the Tukwila Community's Vision for a "complete neighborhood with a thriving, multicultural residential and business community with vibrant places to live, work, shop and play for everyone. The area is a safe and walkable destination with an authentic main street character that is connected to other destinations. There is an emphasis on self - sustaining, living wage employment opportunities within the District." 3) Does your intended use include a residential component? If so, please describe it and any anticipated restrictions on age, income or rent. We are exploring affordable housing as a component of this project as we know this is an important need in the community. We are open to continued discussions with identified potential partners who are experienced in developing affordable housing communities. We would seek to provide housing that is accessible to individuals and families with lower incomes and do not anticipate any limits on age. E3 133 4) Do you anticipate requesting any changes in zoning or public infrastructure? We see the opportunity for the site in the Tukwila International Boulevard Urban Renewal Overlay District as one where xvewill be able tO take advantage of the unique district zoning opportunities. |O this location vve will be able togo beyond the underlying zoning designation - Neighborhood Commercial Center Comprehensive Plan limitation; to best support the community. We would be able maximize the health care, social service and commercial opportunities xve provide to the Tukwila Community, and possibly incorporate housing. We will work with City of Tukwila staff to explore opportunities to enhance the street level environment, commercial and residential uses. We see the Urban Renewal Overlay District as an opportunity to look to the future in building design. Working with our architect we will design a facility looking tothe future, and the full implementation mf the Tukxvila's vision for a vibrant pedestrian oriented community with an active street life. As we move through the design process xvewill be able to define the zoning and infrastructure needs. As with other development projects xvehavebeenab|a to address the issues within the context of our project budgets. VVe would like totake advantage of the additional building height provided in the district and the opportunity to waive the basic standards to better achieve the overall city's design goals. 5) Describe any existing relationships you have with commercial tenants whom you believe would be a good fit for this project. We have current tenant relationships with Valley Cities Counseling and Consultation at Hea|thPmintK8idvvay. Valley Cities, a community mental health center, isa likely partner for usatHea|thPoint's Tukwila Health and Wellness Resource Center, asxve spread our innovative model for physical and behavioral health integration. HeakhPoint and Valley Cities have partnered in programming and space for almost ten years, and they currently lease S,6OO sq. ft. of space atHea|thPointMidway. We have another tenant relationship with Cascade Orthopedics at HealthPoint Auburn. Cascade Orthopedics will likely not bea tenant but may provide services on a rotating basis at our shared specialty clinic. VVe have leased the 2nd floor of Auburn facility toCascade Orthopedics for over 15 years. In addition to commercial tenants we have had a long history of partnering with Public Health —Seattle and King County (PHSKC) to co-locate services in our facilities. PH5K[ provides on-site WIC services at five of our health center locations. As longtime partners we work to not duplicate services and to build programs that meet community need. We plan 1oextend our partnership with PHSKCto this project. 6) How would you ensure the is well maintained, safe, and positive for the entire neigl�borhood? We seek to design and build facilities that provide a safe environment, one that will be easily observed from the street. By providing an actively managed outdoor space we will discourage the undesired transient uses. We seek to own and occupy our facilities, we believe in providing facilities that project a quality of care at all levels; in providing healthcare, for staff and clients, and for the community. In our design we will seek to provide observable spaces that are well illuminated day and night. Access to the building will be in areas that are easy to control and feel safe for the users. In most of our facilities our staff often arrive before dawn and leave after sunset; therefore, we recognize the need to provide a safe, observable, well lighted environment for their safety. 7) How would you ensure the residential component is well maintained, safe, and positive for the entire neighborhood? As mentioned above, we design and build facilities that provide a safe environment. If we are to develop a residential component we will ensure that we select a partner that has a proven track record in providing well maintained and safe developments that support community engagement and promote safety and community livability. 8) How would you ensure the development is built with quality construction methods and materials? HealthPoint's building designs project the quality of health care we provide, to let our clients know we will be there to support them for all of their needs into the future. Our facility will be designed to withstand the heavy traffic of a well -used facility and will maintain its elegance. The selection of finish material will be of the highest quality. We believe our facilities need to be durable, easy to maintain and look new beyond the first year with over 100 employees and hundreds of visitors daily. If you visit our most recent project (HealthPoint Midway) you will find they meet these goals. In addition, our facilities are designed to meet essential facilities requirements, so we will be open and able to serve the community of Tukwila in the event of a natural disaster; our facilities will survive earthquakes and will include power on -site generation. 9) Describe your anticipated project timeline including due diligence, feasibility analysis, negotiations, design, construction, and sales /lease -up. When would you expect to purchase the land? Although our two most recent new construction projects were completed in 22 -30 months from the commencement of the initial design to final completion of construction opening, we know this project will take longer given its size, scope and envisioned partnerships. From start to finish this project will likely take 4 -5 years. If selected, HealthPoint is ready to begin negotiations immediately for the purchase of the land. Once an agreement on the land purchase is complete we would begin preliminary concept designs. Simultaneously we would activate a stakeholder engagement process to ensure valuable community input on 10 135 services and programming, followed by the evaluation and selection ofrnission/vi6ion aligned partners. VVe anticipate this program and services planning and feasibility phase to take 9-I2months. Once full facility use is defined and partners are engaged xvewould complete a full concept design. |n the initial design phase, xve would complete the confirmation of any environmental, utility and infrastructure requirements. We would then move forward with the full design process schematic design, design development, permitting and construction documents. During the design process vve will work with the city staff to address zoning requirements and the city's design review process. We anticipate the design and permitting process to take 12-1Omonths. Once the permitting is complete xvewould start construction immediately. We anticipate the construction to take 12 months with minimal off-site impacts. It is likely we will go through a contractor selection process to meet our funding requirements, and these requirements will likely include apprenticeship opportunities and local employment requirements, aligning well with our organizational goals. 10) Describe your experience purchasing land from a public entity or negotiating development agreements with a public entity. \A/e have experience negotiating a purchase from the City mfKent. |n2OI3wepurchased a property known aothe Kent Resource Center from the City. VVe worked closely with the City to both determine a fair price and to ensure the use of the facility would be preserved for human services (per the City Council's request). We've also had extensive experience working with the City of Bothell as well as King and Snohomish Counties during construction phase and design of HealthPoint Bothell which opened in2O13. The City of Bothell was in the process of changing building codes during this time and traffic mitigation efforts required negotiations with both Counties. Finally, the purchase of our HealthPoint Auburn facility was done with the proceeds from the sale of our original Auburn facility to Sound Transit (in its early development). 11) Describe the financing structure you anticipate for the entire development (not just the property purchase). HealthPoint has experience with and the resources to develop integrated financing structures for capital projects. We anticipate that the financing structure will include a combination of the private placement of tax exempt bonds, NMTC private investment, private contributions, grants, and HealthPoiDt equity investment. We will source funding from the following resources: ~ The Tukwila project is in a zone which is eligible for New Markets Tax Credit funding. We anticipate utilizing this program and have had preliminary conversations with our banking partners [o develop the structure Of investment available under the program. /| • HealthPoint has successfully obtained tax exempt financing in 2012 from the Washington Healthcare Facilities Authority, has the financial capacity to leverage debt related to this project, and will partner with our bankers in sourcing funds from the Authority. • In 2012 HealthPoint successfully conducted a capital campaign which generated over $2,000,000 in private donations from individuals and foundations to support construction of 2 clinics in King County. Community participation through a capital campaign will generate significant resources in developing the project. • We have had preliminary conversations with various State and private granting agencies and anticipate funding from these sources. We will be approaching the State Legislature to ask for initial planning phase funding in 2017-2018 biennium and then again in 2019- 2020 for funding of actual construction of the Health and Wellness Center. 12) Describe the equity, or other funding, your organization has available, or intends to make available, for the development? HealthPoint has significant equity and invested assets. As of October 31, 2016, the total value of the investment portfolio was $24,434,414. With appropriate Board approval under current fund designations, we have approximately $11,684,812 available for capital development. Land Price and Financial Impact 1) Describe your expectations for the price of the property. Do you expect to pay above, at, or below market value? We are in the position to purchase the properties at market rates, and are ready to begin negotiations as soon as possible. 2) Would your development be exempt from property taxes? Much of the development will likely be exempt from property taxes, however we are open to a wide variety of community partners and businesses at the HealthPoint Tukwila Health and Wellness Resources Center, therefore any space that is leased to taxable entities will result in property taxes. 3) Describe any other financial benefits for the City of Tukwila. In addition to increasing access to affordable quality health care, HealthPoint generates positive economic impacts to the community with jobs, tax revenues and savings to the health care system. As mentioned before, according to a 2015 study conducted by Capital Link Consulting, HealthPoint contributes about $126.7 million annually in economic impact. For every $1.00 spent on health center operations, and additional $1.80 is generated in economic activity. 12 137 HealthPoint's Tukwila Health and Wellness Resource Center would bring additional resources and jobs to the revitalization efforts already underway in Tukwila that would strengthen local and surrounding communities. Direct economic impacts would result from health center expenditures associated with expanded operations, new facilities and hiring. The Tukwila Health and Wellness Resource Center will bring over 100 living wage jobs to the community. Indirect impacts would result from purchases of local good and services, and jobs in other industries (e.g. medical supplies, interpretation, etc...). Finally, induced impacts would result from purchases of local goods and services at a household level made by employees of the health center and their suppliers (employees spending their salaries in the community). 4) Do you anticipate requesting any payments, subsidies, waivers, financial contributions from the City of Tukwila, or special requests other than negotiations for the price of the land? At this point in time we do not anticipate any special requests of the City of Tukwila in the negotiations for purchase of the land. Additional Information Please provide any additional information you feel would be helpful in the City's evaluation of your application. Feel free to attach information about your organization but please ensure any additional information or attachments meets the requirements expressed in the RFQ. 13 138 HealthPoint Midway 26401 Pacific Highway South, Des Moines, 98198 Opened October, 2013 139 HealthPoint Midway 26401 Pacific Highway South, Des Moines, 98198 Opened October, 2013 140 HealthPoint Midway 26401 Pacific Highway South, Des Moines, 98198 Opened October, 2013 141 142 COUNCIL AGENDA SYNOPSIS nilials Meeting Date Prepared by May : ['s review 0 C Ns'/ review 12/12/16 mb ❑ Resolution Mt g Date ❑ Ordinance All Date R BidAward M1 g Date ❑ R Public.Hearing ltg Date ❑ Other Alig Dale 7 SPONSOR'S In October, the City of Tukwila was notified that it had been selected for a Congress for SUMMARY New Urbanism (CNU) sponsored workshop on creating an implementation plan for the TIB District element of the Comprehensive Plan. Ri?vii,'wri) iiy ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 8/22/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPj1,',NDI'1'URk' RE(,)uiRj;1D AmoUN'i' BUDGETED APPROPRIATION Rj--"QtjlRED $10,000 $ $ Fund Source: PROFESSIONAL SERVICES FROM DCD, PW, POLICE, AND ECONOMIC DEVELOPMENT Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 ITEM INFORMATION ITEMNO, ISTAFFSPONSOR: MOIRA AND LYNN �OlZl(',INAi.,A(,,j.Nl-.)ADA'1'1,": 12/12/16 A(; I "N DA I'ri,m i I Update on Tukwila International Boulevard (TIB) Implementation Plan and Congress for New Urbanism (CNU) Workshop Cxnx;oRy M Discussion M1g Date 12112116 F-1 motion ft g Date ❑ Resolution Mt g Date ❑ Ordinance All Date R BidAward M1 g Date ❑ R Public.Hearing ltg Date ❑ Other Alig Dale SPONSOR ❑ Council [:]Mayor ❑ HR E DCD ❑ -Finance E].Fire ❑ TS ❑ P&R ❑ Police ❑ PWI' SPONSOR'S In October, the City of Tukwila was notified that it had been selected for a Congress for SUMMARY New Urbanism (CNU) sponsored workshop on creating an implementation plan for the TIB District element of the Comprehensive Plan. Ri?vii,'wri) iiy ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm. DATE: 8/22/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPj1,',NDI'1'URk' RE(,)uiRj;1D AmoUN'i' BUDGETED APPROPRIATION Rj--"QtjlRED $10,000 $ $ Fund Source: PROFESSIONAL SERVICES FROM DCD, PW, POLICE, AND ECONOMIC DEVELOPMENT Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum 12/7/16, plus attachments Powerpoint presentation Minutes from the Community Affairs and Parks Committee meeting of 8/22/16 143 144 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Jack Pace, Director Community Development BY: Moira Bradshaw and Lynn Miranda CC:: Mayor Ekberg DATE: December 7, 2016 SUBJECT: TIB Implementation and the CNU Workshop ISSUE The City and the Congress for New Urbanism (CNU) Team will be holding a workshop from February 23 — 25, 2017 to create an implementation plan for the Tukwila International Boulevard Neighborhood. BACKGROUND In August 2016, the City was invited to apply for a CNU Legacy Charrette. Staff took the invitation to the Community Affairs and Parks Committee, who supported the application and who then briefed the Committee of the Whole on August 22, 2016. In October, the City was informed that the proposed project on Tukwila International Boulevard (TIB) had been chosen as a CNU charrette project for 2017. DISCUSSION The City has begun preparations for the workshop including a "save the date" article in the November 2016 issue of the Tukwila Reporter and on the project's web page: http://www.tukwilawa.gov/TIBPlanning. Continued outreach efforts will expand in January and February to ensure that there is broad representation from the community in and adjacent to the TIB neighborhood, including businesses, the faith community, the Tukwila School District, and youth. The Consultant team, headed by Placemakers (http://www.r)lacemakers.com/), will arrive on Thursday February 23 and spend the afternoon becoming acquainted with the area and visiting aspirational sites in the greater Seattle area that inspire the community's vision for TIB. Public meetings, open drop-ins and focus groups with stakeholders will run throughout the following two days. The goal for the weekend will be to gain consensus on choices and direction. Examples of issues to be discussed include zoning boundaries, building height and bulk standards, parking standards, types and locations for public facilities including public parks and other amenities, street designs and how to create a finer circulation network within an existing developed neighborhood. The CNU team will return for the May 3-6, 2017 CNU Seattle Conference to present the final report. 145 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT The $10,000 fee is equally shared between DCD, Economic Development, Police, and Public Works. Additional costs for food and meeting materials and possible space will be incurred in 2017 for the workshop. RECOMMENDATION Information Only 146 W 12016 Info MemosJIBlmplementation,doc City of Tukwila Allan Ekberg, Mayor To: Community Affairs and Parks From: Jack Pace, Director Community Development By: Moira Bradshaw and Lynn Miranda 1- a Copy: Mayor Ekberg Date: August 10, 2o16 Subject: Tukwila International Boulevard Comprehensive Plan implementation Issue Should Tukwila apply to be a participant in the Legacy Charrette Program, which is sponsored by the w Congress for New Urbanism (CNU). Background A limited number of municipalities are invited to apply for this program that offers technical assistance from nationally known experts. The weekend long charrettel, which would occur in late February 2017, empowers leaders, advocates and residents on how to create walkable, mixed use, diverse, connected, traditional neighborhoods with quality architecture and urban design. Discussion The City is on the cusp of creating recommendations for implementing the TIB goals. The adopted Vision for the neighborhood is; "an area that is a complete neighborhood with a thriving multicultural residential and business community with vibrant places to live, work, shop and play for everyone. The District is a safe and walkable destination with an authentic main street character that is connected to other destinations. There is an emphasis on self - sustaining, living wage employment opportunities within the District." The charrette would be an opportunity to engage with property owners and residents in questions that will be their concerns as the City moves forward with specific implementation. The charrette will focus on how the community's desired outcomes can be achieved and will involve the participants, thereby allowing everyone who partakes to be to be a mutual author of the final products. This process will create specific, implementable actions that takes the policy direction given by the TIB portion of the Comprehensive Plan and defines the activities for moving towards the goal Financial impact If the City is selected, it will be notified on September 16, 2016. A signed participation agreement and a $10,00o financial commitment is required by October 7, 2016. During the charrette weekend, expenses for the meeting room, breakfast and boxed lunches for the charrette participants will be I A Charrette is an intensive workshop in which all stakeholders collaborate on solutions to a common goal or problem. It's intended to promote shared ownership of solutions and often can involve subgroups working together and reporting back to the full group over the course of the multi -day workshop. 29 147 INFORMATIONAL MEMO Page 2 required. It must be noted, however, that the sio,000 fee leverages over sloo,000 of in-kind design, facilitation, architectural and planning services. Recommendation The CAP is being asked to approve the letter of commitment and interest from the City to collaborate in the Legacy Program charrette. Attachments A. Invitation toApply B. Draft Desired outcomes Im CNU 25 I Congress Legacy Charrettes rN Invitation to Apply BUILDING PLACES PEOPLE LOVE Each year, the Congress for the New Urbanism (CNU) invites municipalities and neighborhood organizations located within the Congress's host region to apply for low -cost technical assistance from leading urban design firms. Each expert -led workshop, know as a Congress Legacy Charrette', will empower leaders, advocates, and residents to implement New Urbanist principles to build places where people and businesses thrive. Legacy Charrettes explore the opportunities, identify roadblocks, engage local residents, and generate top -of -the -line design and placemaking strategies. The Congress for the New Urbanism (CNU) is an international nonprofit organization working to build vibrant communities where people have diverse choices for living, working, and getting around. We believe that well - designed cities and neighborhoods are crucial for our health, economy, and environment. CNU will hold its 25th annual Congress in Seattle, Washington and the greater Cascadia region from May 3 -6, 2017. Connecting Creativity and Community A limited number of communities will be selected to participate in CND's 2017 Congress Legacy Charrette program. Applications are open to invited municipalities and community organizations chosen based on need and readiness to implement the resulting workshop suggestions. Candidates were identified by the Local Host Committee and by a range of local institutional partners. If you received this invitation directly from CNU and /or its Local Host Committee it has been determined that your community fits the initial criteria, and we invite you to apply. Once communities determine their own needs and areas of focus, CNU's expert designers— national leaders in architecture, planning, placemaking, and revitalization— partner with local teams to prepare the scope of work, host on -site workshops, and create highly- visual, engaging, and implementation - focused final deliverables. Through public engagement and press coverage, CND's Legacy Charrettes strive to demonstrate the power of great urban design beyond the boundaries of each selected community. Pairing national experts with local professionals ensures that Charrette teams use state of the art strategies and tools grounded in local issues to facilitate the community -based workshops. Targeted communities experience both short -term progress and long - lasting momentum. Important Program Dates Applications Due >> Selected Communities Notified » Agreements /Payment Due >> CNU Site Visit >> Participant Kick -Off Call >> Bi- weekly Organizing Calls (3) >> Legacy Charrette Workshops >> CNU 25 Seattle (final deliverables) August 29 by 5 PM PT September 16, 2016 October 7, 2016 Week of October 10 (tentative) December 7, 2016 January - February, 2017 February 23 -26, 2017 (tentative) May 3 -6, 2017 31 149 CNU 25 1 Congress Legacy Charrette Program Program Goals » Move the needle on crucial local or regional development issues, » Increase participation of historically underrepresented or underserved communities in the planning and design process and promote equity, >> Bring a level of placemaking and urban design expertise beyond the reach of local communities, >> overcome the barriers to building great places and advance implementation, and >> Create replicable, sustainable and model community solutions in urbanism. Program Focus CNU Legacy Charrettes may focus on downtowns, neighborhoods, or corridors. They may address Will development, revitalization, affordability, infrastructure, open space and parks, historic preservation, transportation networks and multi -modal transportation including transit, cycling, and pedestrian needs. Charrettes may provide redevelopment strategies and priorities, funding mechanisms, analysis and recommendations for regulatory systems and policies, and preliminary design of urban and open spaces, and transportation systems. Application Criteria Applications must be implementation- focused and will be evaluated according to the degree to which application meets the following four program goals: 1. Degree of likely success and some form of implementation following the charrette. 2. Existence of a project champion, e.g., someone who is able to advance the Charrette and help address implementation barriers. 3. Support of local government, including organizational assistance such as public engagement, marketing, providing background materials, etc. 4. Degree to which the charrette supports historically underrepresented or underserved communities. In addition to addressing the selection criteria, applicants must identify: A Charrette Champion to serve as the community's point of contact, participate in all organizing calls, staff the project weekend, and address implementation barriers. The Target Audience of the project. The Desired Outcome(s) of the workshop Examples might include creating a Form Based Code, changing a policy, redeveloping a parcel, etc. Ideal Deliverables) Examples might include renderings, report, PowerPoint white - paper, etc. Upon selection, CNU will assign each community a custom project team led by a nationally recognized consultant firm with expertise matched to the community's self identified needs and desired outcomes. 32 150 CNU 25 I Congress Legacy Charrette Program CNU project teams will provide low -cost assistance and prepare final deliverables. These professional services are valued at approximately $100,000 in donated time and services. Each selected community is required to contribute a local match of $10,000 to cover expenses such as travel for the consultant team, charrette materials, and direct costs associated with executing the project weekend and preparation of final deliverables. In addition to the local match, selected communities are required to secure and make available the following: >> Workshop venue and security (if applicable) >> Wi -Fi connection and printer >> Three breakfast and three boxed lunches for project team members >> Snacks and refreshments for project team members >> A/V to support public meetings (projector, screen, microphone) >> Local marketing and promotion Note: o Any combination of municipal and third party resources may provide the local match. CNU encourage applicants to begin the process ofsecuring the local funding commitment (or match) as soon as possible. Communities are encouraged to contact CNU with any questions regarding the local match and budget. Expectations of Selected Communities Congress Legacy Charrettes rely on input and active involvement from the local government, residents, and nonprofit and for - profit organizations. Participating communities are expected to: >> Sign a Participation Agreement and pay the required cash match in full by October 7, 2016 >> Work closely with CNU to make timely decisions on timeline, budget, and other parameters >> Form a multi - disciplinary charrette steering committee consisting of key local government departments, community philanthropies, property owners and other development interests, nonprofit organizations, business organizations and other relevant stakeholders » Make lead staff available for a project kick -off call and subsequent bi- weekly organizing calls » Take a lead role in marketing to residents, business owners, local media, and other potential opinion leaders >> Cover direct costs for on -site meetings, such as refreshments, facility rental, and /or audiovisual equipment » Follow through with charrette implementation and /or continued support beyond the project weekend >> Attend presentation of the final work product at CNU 25 in Seattle, May 3 -6, 2017 No tes: • Projects should not replace work already contracted by the applicant and /orCharrette partners. • Projects con be viewed as an opportunity to augment elements of existing contracts and /or scopes of work. 33 151 CNU 25 1 Congress Legacy Charrette Program Application Requirements Send completed applications no later than August 29, 2016 at 3:00 PM PT via email to William Herbig: will@cnu.org While charrette partners may include other entities, the lead entity should be a local government or a nonprofit organization working with the local government(s). If a nonprofit organization is the lead entity, it must provide a letter of support from the local government(s). Complete applications should NOT exceed 5 pages and must include the following: >> Cover page with the charrette name, brief executive summary of the proposed challenge to be addressed, and point of contact (including email and telephone) >> Summary describing how the charrette meets the goals and criteria listed above >> Opportunities for near -term implementation, including property ownership, possible funding sources, etc. >> Maps showing: • The location of the community within the region • The proposed study area boundaries >> Letters indicating: ** • Endorsement /commitment from local government (if local government is not the applying organization) • Endorsement /commitment from applicant to commence implementation in accordance with the charrette recommendation, and indicating possible funding sources. "Note: Communities are encouraged to apply even if they cannot secure the required letters of endorsement and commitment by theAugust29 submission deadline. lfselected, communities will be required to provide both letters prior to signing the required participation agreement and payment of local match, which are due by October 7, 2016. Review and Notification CNU staff and members of the CNU 25 Local Host Committee will review all complete applications >> Communities will be notified regarding their section status by September 16, 2016 >> Communities must sign participation agreements and pay the required cash match by October 7, 2016 » Charrettes are tentatively scheduled to take place the weekend of February 23 -26, 2017 Background Resources To review past Congress Legacy Charrette deliverables, visit www,cnu..org[cn_uZ�egacy _cha_rrettes. www .cnu.org /cnu23 /[egacyprogects More Information Contact William Herbig, Project Director will@cnu.org 1404.944.2321 34 152 CNU 25 I Congress Legacy Charrette Program ` A design "charrette" is an intensive planning session where citizens, designers and others collaborate on a vision for development. It provides a forum for ideas and offers the unique advantage of giving immediate feedback to designers. More importantly, it allows everyone who participates to be a mutual author of the resulting plan. I Source: The Town Paper 35 153 Attachment B Congress for New Urbanism — Legacy Program Charrette Draft Desired Outcomes The City will strive to ensure broad representation at the charrette and will strive to recruit both individuals new to the process, as well as those who have previously worked on TIB issues. Representation at the charrette shall include representatives from key communities, including: o TIB area property owners o TIB area residents, both single family and multifamily dwellers o Leaders from the City's multiethnic communities so that the neighborhood is seen through their eyes and the outcomes address their needs and desires o TIB area business owners, including ethnic business owners o Tukwila School District o Abu Bakr Islamic Center o Planning Commission o City Council Draft Code amendments Draft Tukwila International Boulevard Design Manual amendments Graphic renderings of what the neighborhood would look like when design standards and guidelines are implemented A master plan for the community that suggests locations for public investments and types of improvements. Design(s) for streets, sidewalks, and other public spaces Service programming recommendations Affordable Housing white paper that recommends strategies for retaining and growing the existing number of units affordable for those households making 50 -80% of King County's median income. 154 37 City of Tukwila, Washington CNU Legacy Charrette Application Enhancing the Tukwila International Boulevard Community Executive Summary Tukwila's vision forthe Tukwila International Boulevard (TIB) community is for a complete neighborhood, one having little crime, enjoyable options for walking, a strong sense of community, places for all to live, work and play, a pleasing built environment, successful businesses, and convenient access to a variety of transportation modes. Since 1.995, the City of Tukwila has been working on creating a self - sustaining, healthy neighborhood center along TIB, a former state highway and auto oriented area, but has had difficulty in achieving community goals. Comprehensive Plan goals and policies and design review guidelines were adopted, and an urban renewal and revitalization plan was created. The Comprehensive Plan's vision, goals, and policies were tweaked again in 2015 as a result of more community outreach. Significant public funds have been spent on catalyst projects, including $32.6 million for TIB and S. 144th Street, and City of SeaTac and Sound Transit improvements to Southcenter Boulevard /S. 154th street, $32 million on the light rail station and parking lot, $15.8 million on private property acquisition by the City of Tukwila and $12.5 by the City of SeaTac. The neighborhood has a light rail station on the expanding LINK light rail system, running from the University of Washington through Seattle to the Sea -Tac International Airport. The Tukwila International Boulevard Station (TIBS) is different from others along the alignment in that it consists of a 600 stall park and ride lot, with none of the transit - oriented development apparent or planned for at other stations. The 2013 Growing Transit Communities study, a regional review of light rail stations by the Puget Sound Regional Council, found that the TIBS development market is weak, the environment is auto - oriented, and that the focus for this area should be on community enhancement and affordable housing preservation. What does "community enhancement" mean to the neighborhood, and how does it further the goal of a healthy neighborhood? Despite public investments, the region's perception of the area's market is poor, redevelopment of deteriorating properties in line with the community's vision has been slow, safety is still a concern, and the street remains a dominant element and barrier running through the center of the neighborhood. The area still lacks a compelling identity that can serve as a source of pride. On the positive side, the neighborhood has a multicultural flavor stemming from an influx of immigrants and refugees from Bhutan, Nepal, Somalia, Mexico, and Latin America", has available underdeveloped properties, and has excellent access to transit. How can these opportunities be leveraged to create the region's premier community -based center for cultural and commercial activity? What are the best solutions to combat negative issues and capitalize on the area's assets? How can locals and the region be made to feel safer and how can community members be empowered to engage with others in their neighborhood? What can Tukwila do to preserve the existing housing while also encouraging new housing and redevelopment of underutilized properties? Points of Contact Moira Bradshaw; Moira.bradshaw@tukwilawa.gov or Lynn Miranda; lynn.miranda(a)tukwilawa.gov 2o6.431.3651 2o6.431.71.62 11 According to the New York Times May 17, 2013 "Diversity means opportunity in Tukwila, the Tukwila School District is the most diverse in the country, with 71 percent minority students; 62 percent of the Tukwila population is minority and more than 49 percent speak a language other than English at home CNU 25 1 Congress Legacy Charrette — Tukwila, WA Page 1 of 3 155 Tukwila's Project Meets Legacy Goals and Criteria Legacy Goal #1. A Tukwila Charrette would move the needle on crucial local development issues. The community's goal is to change the TIB corridor into a safe, attractive, healthy place to live, work and do business. Issues include: • leveraging multicultural assets /resources and determining how they contribute to creating a sense of place, • creating market demand and viable commercial spaces, • transitioning the TIB corridor from auto - dominated built environment to a neighborhood main street, • capitalizing on the proximity of a light rail system and easy access to the airport and downtown Seattle, • leveraging potential upcoming public facility investments, and • providing public open spaces and affordable housing when the area redevelops and intensifies. Legacy Goal #2 A Tukwila Charrette would increase participation of historically underrepresented communities in the design process and promote equit)L Tukwila has had success in reaching out to its new immigrant underrepresented populations on a number of neighborhood issues and planning. The Charrette would expand involvement of their leaders in discussions on choices, consequences, and implementation strategies that serve their needs. Legacy Goal #3. A Legacy would bring a level of place making and urban design expertise beyond the reach of previous efforts in Tukwila. There are a lot of elements that contribute to vibrant place- making. In 1999, Tukwila created a TIB Urban Renewal and Revitalization Plan, improved the highway and created a design manual to guide redevelopment. A public private partnership that created Tukwila Village is currently under construction. The Village will be a mix of uses including market and affordable housing most of which is dedicated for seniors. However, changes are occurring in the area that were not envisioned in the 1999 Revitalization Plan. Sound Transit located a light rail station in the corridor instead of in the City's preferred location of its urban center. The TIB street design is not meeting the needs of the mix used commercial housing model and incremental changes are starting to occur in the streetscape. For example, a second frontage road is being installed in order to create a section of on- street parking. There seems to be a disconnect between the transportation system and framework and the land use goals. Among other things, this Charrette would include planning for the Tukwila International Boulevard Station (TIBS) and evaluate the relationship between streetscape and the preferred type of private development. Legacy Goal #4. A Tukwila Charrette would overcome the barriers to building rq eat places and advance implementation. Most of the barriers are known and documented in prior planning efforts. Help is needed in devising effective solutions, as well as identifying timing and phasing. What are the key first steps to becoming a great place? The CNU technical experts will be instrumental in linking the barriers with the potential solutions. The process of engagement, discussion, and debate of issues, consequences, and costs among the technical staff of the City, property owners, adjacent affected residential neighborhoods, businesses, interest groups, and policy makers will then be the critical piece in advancing implementation. Legacy Goal #5. A Tukwila Legacy Charrette will help in creating replicable, sustainable and model community solutions in urbanism that can be duplicated along the he light rail systems and historic suburban arterials. Tukwila's environment is not unique; however, Tukwila has shown a commitment to taking bold action to make positive changes. The solutions here can be a model for not only the Puget Sound but throughout the country. Legacy Criteria #1. Degree of likely success and some form of implementation. See paragraph under Opportunities for implementation. All the departments within the City have committed budget as well as time towards this Charrette process. The TIB neighborhood is a high priority for the City, as expressed in the City's Strategic and Comprehensive Plans and its continued budget decisions. Legacy Criteria #2. Existence of a project champion. The City of Tukwila, who has been working on a transformation of this area for 25 years, has adopted goals and policies for this area that clearly articulate the principles of new urbanism. CNU 25 1 Congress Legacy Charrette— Tukwila, WA 156 Page 2 of 3 In addition, a citizen group called Tukwila International Boulevard Action Committee meets monthly to discuss and advocate for the area. They are dedicated to this area including monthly Saturday a.m. trash pick -ups. Legacy Criteria #3. Tukwila's organizational assistance in public engagement, marketing and background materials. The City is well resourced to provide all three elements. City staff have a presence in community groups including the schools, religious organizations, and community based organizations. A significant amount of staff generated material exists for the TIB Element of the Comprehensive Plan and Background Report, and DCD and its partner departments are budgeted to implement the TIB Element. The Department of Communications is committed to marketing the Charrette. Legacy Criteria #4. Supporting historically underrepresented communities. The TIB neighborhood includes a large population of the City's underrepresented multicultural, low- income communities and students.z The Charrette will expand their participation in TIB planning efforts by engaging them in the implementation of their ideas. The City's Community Connectors program assists the City in reaching individuals from multicultural communities. This program won the 2014 APA Washington Chapter and Planning Association of Washington award for Citizen Involvement. Opportunities for new term implementation - A number of opportunities are poised to take place in 2017/2o18: • The City's November 2o16 bond measure for replacement of a fire station in the vicinity and a newjustice center that will likely be in this neighborhood. How and where should they be placed in the neighborhood? • The Cities of SeaTac and Tukwila collectively own 10 parcels totaling 323,966 square feet of land for redevelopment. How should these parcels be used to catalyze redevelopment? • The work programs for the Cities of SeaTac and Tukwila include code updates related to this area. Target Audience — Tukwila City Council and Planning Commission, Sound Transit, King County Metro, representatives from: Tukwila International Boulevard Action Committee (TIBAC), local Church and Mosque, Community Connectors, neighborhood commercial and residential property owners, students, business members, local service agencies and the City of SeaTac. Desired Outcomes— Tangible outcomes listed below under Ideal Deliverables. Intangibles such as education of community leaders and consensus building on implementation measures, identification and development of neighborhood champions from residents and businesses. Ideal Deliverables • List of community enhancing programs /services that create a sense of safety and lead to better health • Form based code or recommended traditional code revisions including uses appropriate in TOD around the TIBS • Techniques for creating a finer grain of streets /blocks in a developed platted environment • Modified TIB Design Manual • Graphic examples of heights, area and bulk of future development and illustrating relationship to adjacent single family residences • Graphic master plan for neighborhood, including recommended plans for the City -owned parcels • How to address parking demand at TIBS and for other major land uses • Hierarchy of recommended transportation improvements that enhance safety, support commerce and provide mobility for all modes; Examples of street types and cross - sections if recommended • Type, size, location of public facilities that would catalyze neighborhood goals • White paper on strategies for retaining and growing affordable housing z Ethnicity in Tukwila: 37.5% Non - Hispanic White, 17.5% African American, 21.6% Asian /Pacific Islander, 17.5% Latino Ethnicity in King County: 64.8% Non - Hispanic White, 6.0% African American, 15.2% Asian /Pacific Islander, 8.9% Latino CNU 25 1 Congress Legacy Charrette — Tukwila, WA Page 3 of 3 157 158 Vicinit, (U 4� 41 0 4- 0 -0 0 41 V) E N r-4 Tukwila International Boulevard (TIB) Neighborhood 159 160 City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, CityAdministrator August 29, 2016 William Herbig Project Director Congress for New Urbanism 1720 N Street, NW Washington DC 20036 Re: 2017 Legacy Charrette Program Dear Mr. Herbig, Please accept this official application for the 2017 Congress Legacy Charrette Program from the City of Tukwila. We are very enthusiastic about this opportunity. The City of Tukwila is a very unique municipality. The City encompasses 9.65 square miles and has a residential population of approximately 19,100 people with over 150,000 daytime visitors and workers. The school district is among the most diverse in the nation with students representing over 80 different world languages. We are currently exploring techniques for reconfiguring the Tukwila International Boulevard (TIB) neighborhood corridor into a safer, healthier place with a vibrant mix of age, income, and multicultural households. In order to achieve this we need commerce and public spaces that support community vibrancy and stability. The opportunity to invite CNU to Tukwila to explore ideas and strategies is a great prospect for our city. The City has invested substantial resources on people and places in the TIB corridor. We are on the cusp of implementing a second edition of code changes and a second phase of public and private development. We want to get it right. We want our vision to become a reality. A CNU Charrette would not only provide critical perspective and national expertise, but also a unique opportunity for multiple stakeholders with unique views to discuss options and consequences. As noted in our application, our proposed 2017 -2018 budget includes implementation of the Tukwila International Boulevard Element of the Comprehensive Plan which includes updating our municipal code and infrastructure design and construction standards manual. We will also be negotiating development agreements for vacant City-owned land and future City facility investments in the neighborhood. We believe the principles of new urbanism are in alignment with Tukwila's vision and goals. We hope you will consider us for the Legacy Charrette Program because we believe this program could be catalytic for our City's future. Sincerely, Allan Ekberg Mayor Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206- 433 -1800 • Website. TukwilaWA.gov 161 162 Department of Community Development City Council Committee of the Whole December 12, 2016 Comprehensive PIan Implementation Tukwila International Boulevard District Presentation Summary • Tukwila International Boulevard Goals • Implementation • CNU Workshop & Public Involvement • Discussion Department of Community Development 2016 Comprehensive Plan Implementation TIB Neighborhood Planning Area and Use Department of Community Development 2016 Comprehensive Plan Implementation Streets and sidewalks Department of Community Development 2016 Comprehensive Plan Implementation Building Design • . a Department of Community Development 2016 Comprehensive Plan Implementation Parking Department of Community Development 2016 Comprehensive Plan Implementation Circulation network Block Sizes allingford • — ram . Numimml IM AMIIIMIN Oral .- 'L.■ ■.� .Rnhnnnnn i ;I1 =�uI111111011111111111s ■IL1uI uui>11i ulimuniplpeo h p /hlllii. m1111111111 Department of Community Development 2016 Comprehensive Plan Implementation Department of Community Development 2016 Comprehensive Plan Implementation Department of Community Development 2016 Comprehensive Plan Implementation Engaged Citizens Department of Community Development 2016 Comprehensive Plan Implementation Parks Department of Community Development 2016 Comprehensive Plan Implementation Implementation Products A Master Plan --,!,4‘,„ \� �` aket `sue - J sx afiCC Proposed: Transitional Area The portion of the stu the idesignated south of the Arts 3. Entertamrneent District am transitional ZOrieS that could take i. h l development. but not befom the establishment of the districts themselves other words. it s net allowing randy, - development within these e-dae zones That sa =d, it is important to e-.... ce these parts of _he m as transitions from ..,., ,_:o the dstrfl. ts. To this end. the vision identi es the following public North Transition: 1 Enhance the street. chara<er with new street trees and light males to create a visually pleasing entoz to Department of Community Development 2016 Comprehensive Plan Implementation Updated Tukwila Municipal Code WHO 1111EARE VMHAT VIE OD RESOURCES GlEL WYC)L?A PUBLIC SQUARE A mixed -use center for ton and gown. #thisiscnu Department of Community Development 2016 Comprehensive Plan Implementation Modified CIP Department of Community Development 2016 Comprehensive Plan Implementation astructure Design Standards Department of Community Development 2016 Comprehensive Plan Implementation CNU Workshop Feb 23 -25 . ° anna. I seek to create new types of infrast Department of Community Development 2016 Comprehensive Plan Implementation Public Involvement • Multiple Notifications • Several Open Houses during workshop • Focus groups with stakeholders I.E. businesses, faith community, youth Department of Community Development 2016 Comprehensive Plan Implementation Discussion • Aspirational Sites • Overall timing for implementation Department of Community Development 2016 Comprehensive Plan Implementation Summary • Find consensus on how to achieve the vision and goals • Intensive community involvement • Combine national place making experts with community members • Produce products that will shape development and guide public investment Department of Community Development 2016 Comprehensive Plan Implementation Tukwila International Boulevard District '17-- - L Department of Community Development 2016 Comprehensive Plan Implementation :m CommunityAffairs and Parks Committee Minutes ................................................................. ............................... August 22, 2016 C. Contract: Duwamish Hill Preserve Phase 2B Staff is seeking Council approval of a contract with Forterra in the amount of $76,725.00 for work at Duwamish Hill Preserve Phase 2b. This will be funded by the King County Heritage Cultural Facilities Grant received by the City in April 2016. Work covered by this contract includes crew time to prep and plant landscape areas, maintain a 3 -year establishment period, and coordinating the prep, planting and establishment period. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 6, 2016 REGULAR CONSENT AGENDA. D. Application: Legacy Charrette Program for Tukwila International Boulevard Staff is seeking Committee approval to apply to participate in the Legacy Charrette Program sponsored by the Congress for New Urbanism. This program would provide a weekend long charrette (an intensive workshop for stakeholders) and provide technical assistance on attaining the goals outlined in the Tukwila International Boulevard Chapter of the Comprehensive Plan. If the City is selected it will be notified on September 16. The program requires a $10,000 financial contribution from the City. If selected, charette participants would include area property owners, residents, business owners, and representatives from Tukwila School District, Abu Bakr Islamic Center, Planning Commission and City Council. The Committee requested that the participant invitation list be expanded to include a broader range of neighbors as well as more representation from the faith -based community. Chair Quinn stated that he would send information about the application opportunity to all Councilmembers and requested a full Council briefing should Tukwila be selected for the program. INFORMATION ONLY. III. MISCELLANEOUS Staff noted that a resolution relating to impact fee parameters will be coming before the Finance and Safety and Community Affairs and Parks Committees. The Community Affairs and Parks Committee Meeting adjourned at 6:50 p.m. Next meeting: Monday, September 12, 2016 4� Committee Chair Approval Minutes by LH "• W.F.] COUNCIL AGENDA SYNOPSIS ---------------------------------- 111ilillf Meelin ,g Dale Prepared by Major's Zn*ew— C'Milg/ review 12/12/16 PMC ❑ Resolution ,g Date M1 ❑ Ordinance A/I�g Date 12112116 12/12/16 PMc [E] 01be M1 g Date SPONSOR ❑ Council ❑ Mcyor ❑ HR ❑ DCD Z Finance [:].Fire [:] IT [:] P&R [:] Police ❑ PWI SPONSOR'S The Council is being asked to approve a budget amendment to establish budget for the SUMMARY 2016 Unlimited Tax General Obligation bond issuance of $32,990,000, bond premium of $3,719,954 and bond issuance costs of $209,954. REVIIWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: NA COMMITTEE CHAIR: NA RECOMMENDATIONS: SPONSOR/ADIMIN- Finance Department COmm""I"'I" Directly to C.O.W/Special per FS Committee Chair & Council President COST IMPACT / FUND SOURCE ExPi,"NDITURj!" REQUIRPA) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 ITEM INFORMATION ITEM NO. 4.H. & Spec 3.B. 187 STAI FSPONSOR: PEGGY MCCARTHY ORIG INA], AGENDA Dxn,": 12/12/16 AGENDA I'IT1NITri,j,E Approve the bond ordinance for the 2016 UTGO Bond Issue CATEGORY M Discussion Mt ,g Date 12112116 ❑ Motion Mig Dale ❑ Resolution ,g Date M1 ❑ Ordinance A/I�g Date 12112116 ❑ BidAxard MI ,g Date ❑ Public Hearing Mig Date [E] 01be M1 g Date SPONSOR ❑ Council ❑ Mcyor ❑ HR ❑ DCD Z Finance [:].Fire [:] IT [:] P&R [:] Police ❑ PWI SPONSOR'S The Council is being asked to approve a budget amendment to establish budget for the SUMMARY 2016 Unlimited Tax General Obligation bond issuance of $32,990,000, bond premium of $3,719,954 and bond issuance costs of $209,954. REVIIWED BY ❑ cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: NA COMMITTEE CHAIR: NA RECOMMENDATIONS: SPONSOR/ADIMIN- Finance Department COmm""I"'I" Directly to C.O.W/Special per FS Committee Chair & Council President COST IMPACT / FUND SOURCE ExPi,"NDITURj!" REQUIRPA) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 12/6/16, with attachments Ordinance 187 im T{}: FROM: CC: DATE: SUBJECT City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Finance and Safety Committee Peggy McCarthy, Finance Director Mayor Ekberg December 6`2016 201GUTGO Bond Issuance Budget Amendment ISSUE Approve a budget for the 2016 Unlimited Tax General Obligation bond issuance. BACKGROUD On November 29, 2016, King County Elections certified that the City of Tukwila Public Safety bond measure had passed. On November 30, 2016. pursuant toauthorization by bond ordinance No. 2509. the City issued $32'98O.00Oof Unlimited Tax General Obligation bonds sda$3'719.854.O5 premium with issuance costs of $209,954.05. DISCUSSION Because budget for the 2016 bond issuance has not been established, a budget amendment is proposed to establish budget for the bond proceeds, bond premium and bond cost of issuance, as follows: Ref Explanation Acct Desc 1 'UTGO bond proceeds '3O5.3S110o.00U --'�T���o��---��----- -----'--�oo����ot(nno'-- 2 / pem / '1 —'—.�T�n�u�����v�no�-- --'—'---'!n�.00�9"2.2x0_�4__.0_i | | .'Stundavd& Poors ratinguenAco L PFM. financial ad\Auernorviceo | L Pacifica Law Group, bond counsel services! Underwriters discount ( �ENT� 2016 Increase (Decrease) Expense Revenue Ending Fund Balance 3,719,954 3,719,954 —1--- | 209954 ^ r~~.~~-/' ! } / � ! � | / | | | | RECOMMENDATION The Council is being asked to approve the 2016 Public Safety Plan-Voter Approved Budget Amendment ordinance and consider this item at the December 12, 2016 Committee of the Whole, and Special Meeting to follow that same evening. ATTACHMENTS Draft Ordinance Bond Issuance Sources and Uses of Funds WHO I • 1, SOURCES AND USES OF FUNDS City of Tukwila, Washington Unlimited Tax General Obligation Bonds, 2016 *Final Numbers* Dated Date 12/22/2016 Delivery Date 12/22/2016 Sources: Bond Proceeds: Par Amount Premium Uses: Project Fund Deposits: 32,990,000.00 3,719,954.05 36,709,954.05 Project Fund 36,500,000.00 Delivery Date Expenses: Cost of Issuance 108,517.32 Underwriter's Discount 101,436.73 209,954.05 36,709,954.05 Nov 30, 2016 10:28 am Prepared by Public Financial Management, Inc. Page I 191 192 �6[ 'n ); � F.' 1, a " !F T AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2458, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2015 -2016 BIENNIUM, TO ADOPT AN AMENDED YEAR -END BUDGET RESULTING FROM THE CITY OF TUKWILA PUBLIC SAFETY BOND MEASURE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 17, 2014, Ordinance No. 2458 adopted the 2015 -2016 biennial budget of the City of Tukwila; and WHEREAS, on November 29, 2016, the City of Tukwila public safety bond measure was certified as having passed; and WHEREAS, on November 30, 2016, pursuant to authorization by Bond Ordinance No. 2509, the City of Tukwila issued $32,990,000 of Unlimited Tax General Obligation bonds at a premium of $3,719,954.05 and with issuance costs of $209,954.05; and WHEREAS, a budget for the 2016 bond issuance has not yet been established; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Tukwila Ordinance No. 2458 is hereby amended with the City Council's adoption of the document entitled "2016 Public Safety Plan -Voter Approved Budget Amendment to the 2015 -2016 Biennial Budget," attached hereto and incorporated by this reference as if fully set forth herein, in accordance with RCW 35A.34.200. Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues and appropriations for each separate fund amended and the aggregate budget totals are as follows: FUND I EXPENDITURES REVENUES 305 Public Safety Plan -Voter Approved T $ 36,709,954 $ 36,709,954 Aggregate Bud et Totals $338,886,572 $338,886,572 W: Word Processing \Ordinances \Budget amendment - 2015 -2016 year- end - Public Safety Plan 12 -7 -16 Page 1 of 2 PM:bjs 193 Section 3. Copies on File. A copy of this amending ordinance 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. 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 and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 12016. ATTEST/AUTH E NT CATE D: 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: Attachment: 2016 Public Safety Plan-Voter Approved Budget Amendment to the 2015-2016 Biennial Budget W: Word Processing\Ordinances\Budget amendment-2015-2016 year-end-Public Safety Plan 12-7-16 PM:bjs Page 2 of 2 194 2016 Public Safety Plan -Voter Approved Budget Amendment to the 2015 -2016 Biennial Budget Reconciliation of 2015 -2016 Budget Summary to Ordinance EXPENDITURES ORIGINAL BUDGET 2015 August Amendment 2015 2016 2016 Public Safety Amendment AMENDED BUDGET Mid Biennial Amendment 000 General $ 125,817,778 $ 1,621,046 $ 918,000 $ (160,000) 36,709,954 $ 128,196,824 101 Hotel /Motel 2,597,316 2,597,316 103 City Street 11,081,721 ' (235,000) 700,000 838,950 12,385,671 104 Arterial Street 35,906,080 780,000 - 400,000 37,086,080 105 Contingency 5,703,632 100,000 - 5,803,632 109 Drug Seizure Fund 180,000 180,000 180,000 200 LTGO Bonds 1,415,333 1,415,333 1,415,333 211 Limited Tax G.O. Refunding Bonds, 2008 1,623,400 _ _ J 1,623,400 212 Limited Tax G.O. Bonds, 2009A 866,315 _ (427,960) 438,355 214 Limited Tax G.O. Bonds, 2010A 1,172,100 1,172,100 216 Limited Tax G.O. Refunding Bonds, Vall 229,800 - 229,800 217 2011 Refunding Bonds 1,095,500 _ -_ _ -� 1,095,500 218 2014 Urban Renewal 226,260 226,260 226,260 206 LID Guaranty 669,000 669,000 669,000 233 2013 LID 2,400,813 237,000 161,577 150,000 2,949,390 301 Land Acquisition, Recreati on & Park Devl. 3,902,000 _ 100,000 - 4,002,000 302 Facility Replacement 10,582,204 (863,000) (1,000,000) 8,719,204 303 General Government Improvements 901,000 901,000 901,000 304 Fire Improvements 305 Public Safety Plan - voter approved 550,200 (723,000) - - 550,200 36,709,954 401 Water 18,422,000 (723,000) --- - - - - -- 21,871,000 17,699,000 402 Sewer 19,986,000 1,885,000 4,181,494 21,871,000 411 Foster Golf Course 4,181,494 20,173,000 501 Equipment Rental 11,567,136 4,181,494 412 Surface Water 20,429,000 (256,000) 13,274,958 502 Insurance Fund 20,173,000 501 Equipment Rental 11,567,136 41,474 503 Insurance - LEOFF 1 Fund 1,772,191 11,608,610 13,274,958 502 Insurance Fund 14,280,958 (1,006,000) 1,617,300 $ 299,176,531 $ 503 Insurance - LEOFF 1 Fund 1,772,191 (262,000) 1,510,191 611 Firemen's Pension 1,617,300 1,617,300 Total $ 299,176,531 $ 1,219,520 $ 979,577 $ 800,990 $ 36,709,954 $ 338,886,572 REVENUES ORIGINAL BUDGET 2015 August Amendment 2015 2016 2016 Public Safety Amendment AMENDED BUDGET Mid Biennial Amendment 000 General $ 125,817,778 $ 1,621,046 $ 918,000 $ (160,000) 36,709,954 $ 36,709,954 $ 128,196 824 101 Hotel /Motel 2,597,316 2,597,316 103 City Street 11,081,721 (235,000) 700,000 838,950 12,385,671 104 Arterial Street 35,906,080 780,000 - 400,000 37,086,080 105 Contingency 5,703,632 100,000 - 5,803,632 180,000 109 Drug Seizure Fund 180,000 1,415,333 200 LTGO Bonds 1,415,333 211 Limited Tax G.O. Refunding Bonds, 2008 1,623,400 1,623,400 212 Limited Tax G.O. Bonds, 2009A 866,315 _ _ (427,960) 438,355 214 Limited Tax G.O. Bonds, 2010A 1,172,100 1,172,100 216 Limited Tax G.O. Refunding Bonds, Vall 229,800 - 229,800 217 2011 Refunding Bonds 1,095,500 _ -_ _ -� 1,095,500 226,260 218 2014 Facility 226,260 669,000 206 LID Guaranty 669,000 233 2013 LID 2,400,813 237,000 -_ 161,577 150,000 2,949,390 301 Land Acquisition, Recreati on &Park Devl. 3,902,000 _ 100,000 _ - 4,002,000 302 Facility Replacement 10,582,204 _ (863,000) (1,000,000) 8,719,204 901,000 303 General Government Improvements 901,000 304 Fire Improvements 305 Public Safety Plan voter approved 401 Water 550,200 18,422,000 (723,000) - 550,200 36,709,954 17,699,000 402 Sewer 19,986,000 _ 1,885,000 --- - - - - -- 21,871,000 Golf Course 4,181,494 4,181,494 411 Foster 412 Surface Water 20,429,000 (256,000) 20,173,000 501 Equipment Rental 11,567,136 - - 41,474 a 11,608,610 13,274,958 502 Insurance Fund 14,280,958 (1,006,000) 503 Insurance - LEOFF 1 Fund 1,772,191 (262,000) 1,510,191 611 Firemen's Pension Total 1,617,300 $ 299,176,531 $ $ 979,577 $ 800,990 1,617,300 $ 338,886,572 196 COUNCIL AGENDA SYNOPSIS nilials Meelin ,g Date Prepared by Ma Lor Council review 12/12/16 DJ At"111K C, ITEM INFORMATION ITEM NO. Spec 2.A. I 197 STAFF SPONSOR: RICK STILL/JOSEPH TODD 12/12/16 A(,,I-,NI)A I'll-,NITITLE Contract for Recreation Management System - PerfectMind CATFIGORY ❑ Discussion Mi ,g Dale Z Motion All ,g Dale 12112116 ❑ Resolution Mig Dale F-1 Ordinance M1g Date ❑ BidAxard MtS Dale F-1 Public� Heariii g AI/ Dale ❑ Other t Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD []finance E].Fire ❑ IT ZP&R ❑ Police ❑ PWI' SPONSOR'S Authorize the Mayor to sign Contract with PerfectMind for Recreation Management System SUMMARY for Parks and Recreation REVIEWED BY ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. [:] Parks Comm. ❑ Planning Comm. DATE: 11/28/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Parks and Recreation Department and Technology Innovation Services CONINIFI-IT "I" CAP - Forward to Consent Agenda COST IMPACT / FUND SOURCE ExPE'NDI'l'URI-� R1-,'QUIW,,"D AMOUNT BUDGETED APPROPRIATION REQUIRED $55,000 $100,000 $0 Fund Source: P&R OPERATING BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 11/22/16 Contract Agreement (Final contract attached as noted in Info Memo) Minutes from the Community Affairs and Parks Committee meeting of 11/28/16 197 City of Tukwila Allan Ekberg, Mayor TO: Community Affairs and Parks Committee FROM: Joseph Todd, Director, Technology Innovation Services Rick Still, Parks and Recreation Director BY: Dave Johnson, Parks and Recreation Manager Tami Eberle-Harris, Technology Innovation Services CC: Mayor Ekberg DATE: November 22, 2016 SUBJECT: Replacement of P&R Records Management System - Perfect Mind Contract ISSUE Parks & Recreation have been using Active Networks 'CLASS'system as their Recreation Management System for 10+ years. The system is currently in a sunset phase, with technical support ending in 2017. BACKGROUND In 2015, Parks & Recreation proactively initiated research to investigate replacement of the system. The primary goals of the new system, included, the ability to do everything we currently do, a user-friendly interface, the ability to register for activities on-line, robust and customizable reporting including automated reports, and marketing tools. Dave Johnson assembled a core team that included staff members from different areas of the City to assist in the research and procurement of the system. Included in the team were representatives from Finance, Golf, TS, City Clerk, and P&R. DISCUSSION The RFP was advertised on February 25, 2016 and distributed to over 20 vendors. We received responses to the RFP from 6 vendors. Based on the review of the vendor responses, four vendors were selected to conduct a demonstration of their solution. For the demos, we broadened the reach of reviewers to include those stakeholders that would be working daily with the system. An additional round of demos were scheduled with 3 vendors. Perfect Mind clearly rose above the other vendors and was selected as our preferred vendor on September 29, 2016. In addition to meeting the original goals of the project, some of the highlights of the decision points included: • Open API's • Excellent review of customer service • Proactively engaged in consistently improving the product • Stellar LIVE demonstration in real—world scenario at Richmond Oval in Richmond, BC • Potential for expanding the POS system for a city-wide POS solution • Engaging, user friendly front end • Comprehensive reporting capabilities FINANCIAL IMPACT The contracted cost for implementing Perfect Mind is $35,000. Annual subscription for the product is $20,000. Funding for the replacement of the Parks and Recreation RMS system is included in the proposed 2017-2018 budget at an amount of $100,000. This amount was [me INFORMATIONAL MEMO Page 2 budgeted to allow for the implementation of Perfect Mind as well as hardware purchases, additional training, and support of possible integrations to align core functionality between City systems. RECOMMENDATION Council is being asked to forward this item to the Consent Agenda at the Deember 5, 2016 Regular Meeting to authorize the Mayor to sign the Perfect Mind Contract. ATTACHMENTS Perfect Mind DRAFT Contract is attached in substantial form. A FINAL completed contract will be submitted for the Regular meeting on December 5, 2016. 200 WA2016 Info MennosTarksRIVIS.doc EXHIBIT A SOFTWARE AS A SERVICE & PROFESSIONAL SERVICES AGREEMENT BETWEEN PERFECTMIND INC. AND THE CITY OF TUKWILA DATED: Oct 30, 2016 TABLE OF CONTENTS PART 1 — DEFINITIONS AND INTERPRETATION ............................................................. ..............................1 PART2 — LICENSE ..................................................................................................................... ..............................3 PART3 — PROFESSIONAL SERVICES .................................................................................. ..............................4 PART4 —FEES AND PAYMENTS ........................................................................................... ..............................6 PART5 —USE OF THE PLATFORM ....................................................................................... ..............................7 PART 6 — CONTENT, INTELLECTUAL PROPERTY AND PRIVACY ............................ .............................11 PART7 —TERM AND TERMINATION ................................................................................. .............................13 PART8 — CONFIDENTIALITY ............................................................................................... .............................14 PART 9— WARRANTIES, DISCLAIMERS, INDEMNITIES AND LIABILITY ............... .............................15 PART10 — GENERAL ............................................................................................................... .............................18 Exhibits: Exhibit A — Platform Use Fees Exhibit B — Statement of Work Exhibit C — PerfectMIND Rates for Professional Services Exhibit D — Service Levels Exhibit E — Platform Features and Functionalities [vc11[vs2] 201 202 SOFTWARE AS A SERVICE & PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is dated Oct 30, 2016 I A' /_\►117: oy 1►yl/ 91 D109 PerfectMIND Inc. ( "PerfectMIND "), a British Columbia corporation having an office at: 110 -980 West First Street North Vancouver, British Columbia V7P 3N4 AND The City of Tukwila (the "Customer"), [TE31 [A4] a Washington municipal corporation having an office at: 6200 Southcenter Blvd. Tukwila, Washington 98188 WHEREAS PerfectMIND wishes to license to Customer, and Customer wishes to use and license from PerfectMIND, the Platform (as defined herein) on the terms and conditions set out in this Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: PART 1— DEFINITIONS AND INTERPRETATION 1.1 Definitions. In this Agreement, unless the context otherwise requires, capitalized terms will have the meaning assigned to them herein, including the following: a. "Account" has the meaning set out in §5.6; b. "Account - holder" means an individual designated by Customer to whom an Account is issued; C. "Applicable Laws" means all applicable laws and regulations, including all applicable local, provincial, state, national and foreign laws, treaties and regulations as well as orders of courts or laws, regulations, by -laws or ordinances of applicable governmental agencies; d. "Claims" means liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred in connection therewith; e. "Confidential Information" has the meaning set out in §8.1; f. "Content" means all materials and content, including designs, editorials, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work, and 203 "Customer Content" is Content entered, uploaded or inputted into the Platform by or on behalf of Customer; g. "Customer Data" means information, materials, or data, including Customer Content, entered, uploaded or inputted into the Platform by or on behalf of Customer; h. "Enhancement" means enhancements, developments, modifications, updates, additions and improvements made to the Platform, other than New Features and Functions; i. "Force Majeure" means circumstances beyond a party's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or Internet service provider failures or delays, or hosting service provider failures or delays; j. "Intellectual Property Rights" means any and all (i) proprietary rights provided under patent law, copyright law, trade -mark law, design patent or industrial design law, semi - conductor chip or mask work law, or any other applicable statutory provision or otherwise arising at law or in equity, including, without limitation, trade secret law, that may provide a right in works, software, source code, object code, marks, ideas, formulae, algorithms, concepts, methodologies, techniques, inventions, or know -how, or the expression or use thereof, (ii) applications, registrations, licenses, sublicenses, agreements, or any other evidence of a right in any of the foregoing, and (iii) past, present, and future causes of action, rights of recovery, and claims for damage, accounting for profits, royalties, or other relief relating, referring, or pertaining to any of the foregoing; k. "New Features and Functions" means any update, revision, new version, new module or upgrade of the Platform made available by PerfectMIND from time to time (i) that adds new functions or features to the Platform and (ii) for which PerfectMIND charges a fee to its customers in order to obtain same; 1. "PerfectMIND Privacy Policy" means PerfectMIND'S privacy policy made available at http• / /www�erfectmind.com /academy /privacy as amended from time to time; M. "PerfectMIND Technology" means (i) any concepts, inventions, systems, processes, techniques, methodologies, know -how, data, tools, templates, technology (including software in executable code and source code), documentation or any other information, data or materials, and any expressions of the foregoing, developed by, owned by, or licensed to, PerfectMIND; and (ii) the Work Product; n. "Permitted Purpose" means managing and operating Customer's facilities located in the City of Tukwila, Washington including customer relationship management, facility bookings, membership sales, point of sale transaction processing and scheduling; o. "Platform" means the software and supporting hardware platform known as "PerfectMIND" that is owned and operated by PerfectMIND, and that will be made available to Customer as a service under this Agreement via a designated website or websites as may be designated by PerfectMIND, from time to time, together with the related documentation, a 204 Content (other than Customer Content and Customer Data) and end user materials delivered therewith; p. "Professional Services" has the meaning set out in §3.1; q. "Statement of Work" has the meaning set out in §3.1; r. "Term" has the meaning set out in §7.1; and S. "Work Product" means all improvements, enhancements and derivatives thereto developed by PerfectMIND for the purposes of providing the Professional Services under this Agreement or otherwise and any and all other work products developed by PerfectMIND for the purposes of providing the Professional Services under this Agreement. 1.2 Interpretation. In this Agreement, unless expressly stated otherwise or the context otherwise requires, (a) headings and captions are for convenience only and will not be deemed to explain, limit or modify the provisions hereof, (b) the word "including ", when following a general statement or term, is not to be construed as limiting the general statement or term (whether or not used in connection with phrases such as "without limitation" or "but not limited to ") and the word "or ", when connecting two or more matters, will not imply an exclusive relationship between the matters, (c) a reference to a "person" or "entity" means an individual, corporation, body corporate, firm, limited liability company, partnership, syndicate, joint venture, society, association, trust or unincorporated organization or governmental authority or trustee, executor, administrator or other legal representative, including any successor to that person, (d) a word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa, (e) words, phrases and acronyms not otherwise defined herein that have a meaning commonly understood and accepted by persons familiar with the Internet and computing services professionals will be interpreted and understood to have that meaning herein, and (f) in the event of any conflict or inconsistency between the terms of this Agreement and the terms of the Exhibits hereto, the terms of the Exhibits hereto will prevail to the extent necessary to resolve such conflict or inconsistency. PART 2— LICENSE 2.1 License. PerfectMIND grants to Customer a non - exclusive, non - transferable, right and limited license, only during the Term, to access and use the Platform for the Permitted Purposes only. All rights not expressly granted to Customer are reserved by PerfectMIND and, if applicable, its licensors. 2.2 Complete Software; Enhancements. Upon completion of the Professional Services described in the Statement of Work attached to this Agreement as Exhibit B, the Platform with the features and functionalities described in Exhibit E attached to this Agreement will be configured and made available to Customer for access and use by Account - holders. Customer agrees that its entry into this Agreement is not contingent on the delivery of any future functionality or features by PerfectMIND. PerfectMIND may, from time to time and its sole discretion, update the Platform (including the underlying server software or hardware) or otherwise offer Enhancements, which Enhancements will form part of the Platform being licensed and provided 3 205 hereunder without further payment by Customer. PerfectMIND will use commercially reasonable efforts to (a) ensure that such Enhancements are compatible with and will not adversely affect or reduce the functionality, performance, availability and accessibility of the Platform, and (b) to the extent that such Enhancements do so adversely affect the Platform and Customer notifies PerfectMIND of same, restore or reinstate the Platform or parts of it causing the adverse effects to its or their status prior to the Enhancement, as soon as may be reasonable and practicable in the circumstances. Notwithstanding any Enhancements or other changes to the Platform, PerfectMIND will maintain the functionality of the Platform so it is always materially equal to or better than the functionality of the Platform as of the date that Customer first commences using the Platform. 2.3 New Features and Functions. PerfectMIND may, from time to time and in its sole discretion, develop and offer New Features and Functions that will not form part of the Platform licensed hereunder and may be provided and licensed separately to Customer for an additional fee. For clarity, in no event will PerfectMIND be obligated to provide any New Features and Functions free of charge. 2.4 PerfectMind shall obtain and maintain all business licenses as may be required by law. PART 3— PROFESSIONAL SERVICES 3.1 Professional Services. Customer may, from time to time, request PerfectMIND to provide customization and deployment services and other related professional services in relation to Customer's use of the Platform (the "Professional Services ") and PerfectMIND may, in its discretion, agree to provide the Professional Services. Upon agreement on the particulars of the Professional Services, including the fees payable by Customer to PerfectMIND for the Professional Services, such particulars shall be included in a statement of work (a "Statement of Work "), which shall be signed by PerfectMIND and Customer, and which shall form a schedule to and be incorporated into and form part of this Agreement. To the extent that there is any inconsistency between any provision in any Statement of Work and the rest of this Agreement, the terms of such Statement of Work will prevail. Each Statement of Work may contain, unless the parties agree otherwise, a description of the work to be conducted, the functional requirements and technical specifications applicable to the work, the work schedule and milestones, the deliverables and delivery schedule, acceptance criteria, and such other information and additional terms and conditions as the parties may mutually agree upon. As of the date of this Agreement, PerfectMIND and Customer have agreed upon the Professional Services described in the Statement of Work attached to this Agreement as Exhibit B. 3.2 Change Orders. Customer may, from time to time, request changes to the scope of the Professional Services described in a Statement of Work. In response to any such request from Customer, PerfectMIND shall determine the feasibility of providing such changes and shall estimate the increase in the total fees payable for providing such changes to the Professional Services. Following receipt of PerfectMIND's response to Customer's request, the parties shall negotiate an amended Statement of Work which sets out the changes to the Professional Services and the additional fees payable in respect thereof. 4 206 3.3 Customer's Responsibilities. The work functions and tasks relating to the Professional Services for which Customer or a third party shall be responsible shall be described in the Statement of Work. Customer agrees to perform and cause the third party to perform such work functions and tasks in a timely fashion. Customer agrees to provide or make available and cause any third party identified in the Statement of Work as being responsible for any function or task in any way related to the Professional Services to provide or make available all information reasonably requested by PerfectMIND to perform the Professional Services. PerfectMIND will not be liable for loss or damage arising from reliance on any such information. 3.4 Project Teams. Each party will be solely responsible for staffing its project team for the performance of the Professional Services by PerfectMIND and relating work functions and tasks by Customer as described in a Statement of Work. Each member of a project team will possess skills and knowledge appropriate to the work functions to be performed by that team member. Either party may, by way of replacement or addition, make changes to the personnel assigned to its project team, provided that each replacement team member shall possess skills and knowledge at least equivalent to the project-related skills and knowledge of the team member being replaced. Each party shall appoint a project manager in respect of its project team. The project managers shall be available for weekly meetings to review the progress of the Professional Services. 3.5 Use of Customer's Facilities. For Professional Services to be performed at the Customer premises, Customer will provide all work space, facilities and support that are reasonably requested by PerfectMIND. 3.6 No Liability for Others' Failure to Perform. Customer agrees and acknowledges that PerfectMIND's performance of the Professional Services will be conditional upon, and subject to, Customer's performance of its obligations hereunder and the performance by any third party identified in the Statement of Work of its functions and task to the extent that such functions and task relate to the Professional Services, and that PerfectMIND will not be liable or responsible, in any manner or to any extent, for any failure of PerfectMIND to perform all, or any part of, the Professional Services to the extent that any such failure is caused by a failure of Customer to perform its obligations or the third party to perform its functions and tasks. 3.7 Third Party Hardware /Software. Customer will be solely responsible for the evaluation, selection, installation, implementation, compatibility, use and performance of and results obtained from any hardware, systems software, utility software, security software, telecommunication equipment or software, and applications software used in connection with the Professional Services, unless (and only to the extent) otherwise expressly agreed in this Agreement. Except as expressly provided in this Agreement, Customer and /or the third party vendors of the software packages selected for use by Customer will be responsible for the installation, acceptance and performance of the selected software packages. 3.8 Third Party Products. Where the Professional Services to be provided by PerfectMIND involve the acquisition by Customer of products of third parties, PerfectMIND will not be responsible for delays in the delivery of such products by third parties or for such product's faulty quality, defective performance, or failure to perform in accordance with published specifications or accepted standards. PerfectMIND will transfer to Customer any transferable 207 warranties provided to PerfectMIND by third parties. PerfectMIND makes no independent representations or warranties with respect to products provided by third parties. Any third party warranties are the exclusive remedies of Customer with respect to such products. 3.9 Use of Subcontractors. Customer acknowledges that Pei- fectMlND may engage agents and subcontractors to perform any of the Professional Services described in a Statement of Work. PerfectMIND shall be responsible for the fulfilment of its obligations hereunder, notwithstanding the performance of any of its obligations by its agents and subcontractors. 3.10 No Recruitment. Customer agrees that during the term of this Agreement, and for a period of one (1) year thereafter, it will not, without the prior written consent of PerfectMIND, hire, retain or engage, or make an offer in respect of same to, any employee, independent contractor or consultant of PerfectMIND. PART 4 —FEES AND PAYMENTS 4.1 Platform Use Fees. Customer will pay all fees and charges in connection with the use of the Platform in accordance with Exhibit A, which forms an integral part hereof and is incorporated herein by reference. 4.2 Platform Use Billing. The fees payable by Customer for use of the Platform in each twelve (12), month period is payable in advance at the beginning of such period. PerfectMIND will invoice Customer for such fees at the beginning of each 12 month period, and Customer will pay each invoice within thirty (30) days after the date of the invoice; provided that the entire fee for the first twelve -month period in the Term is payable and due upon the signing of this Agreement.wcsl All amounts due by Customer hereunder will be paid, unless otherwise expressly set out herein, without any deduction, adjustment or set -off - whatsoever[TE61ws71. 4.3 Taxes. Fees for use of the Platform do not include any taxes, and Customer agrees to pay all applicable sales, use, value -added and other taxes or similar nature based on or due as a result of any amounts paid to PerfectMIND under this Agreement. 4.4 Late Payments. If PerfectMIND does not receive payment in full of an invoice within 30 days after the date of such invoice and Customer fails to make full payment within ten (10) days after written notice of the non - payment is given by PerfectMIND, Customer will be deemed to be in default. Customer will pay any and all collection costs incurred by PerfectMIND in collection of outstanding debts. In addition to any other rights granted to PerfectMIND herein and available to PerfectMIND at law or in equity, PerfectMIND reserves the right to suspend the Accounts and Customer's right to use and access to the Platform if Customer is in default with respect to its payment obligations. PerfectMIND reserves the right to impose a reconnection fee upon reactivation if any such suspension takes place. 4.5 Professional Services Fees. If the Professional Services are to be provided on a fixed price basis, the Statement of Work will set out the total contract price, a payment schedule, including the fees payable in respect of each deliverable and /or milestone, as applicable. If the Professional Services are to be provided by PerfectMIND on a time and materials basis, the rate(s) in Exhibit C attached hereto will apply. PerfectMIND may, frorn time to time and upon sixty (60) 1: days' notice to Customer, amend the rate(s) for Professional Services. Per diem rates shall be based on a 7.5 hour day. Once a Statement of Work is signed by the parties, the rates structure in effect at the time of the signing of the Statement of Work shall apply for the duration of the project described in the Statement of Work. PerfectMIND's fees for Professional Services (whether fixed or based on time and materials) do not include any travel, living or any other out -of- pocket expenses incurred by PerfectMIND or its subcontractors in providing Professional Services. Customer will reimburse PerfectMIND for all reasonable travel, living and other out -of- pocket expenses incurred by PerfectMIND's employees and subcontractors in providing the Professional Services. All such expenses for which PerfectMIND seeks reimbursement will be supported by documentation in a form reasonably acceptable to Customer. 4.6 Professional Fee Billing. PerfectMIND will invoice Customer for the Professional Services according to the payment terms specified in the Statement of Work, or if no payment term is specified in the Statement of Work, on a monthly basis, and Customer will pay each invoice within[vs8]thirty (30) days after receipt of invoice, unless the parties agree otherwise in writing. Customer agrees to pay interest at the rate set out in the Statement of Work, or if none specified at 1.5% per month, on any unpaid amounts from the date due to the date upon which the balance is discharged, such interest to accrue from day to day and be compounded on a monthly basis, unless the parties agree otherwise in writing. The fees for the Professional Services to be performed pursuant to the Statement of Work attached hereto as Exhibit B are set out and shall be due and payable to PerfectMIND in accordance with the "Fee payment schedule" section of Exhibit B, upon Customer's receipt of PerfectMIND's invoices. 4.7 Taxes and Duties Relating to Professional Fees. All amounts payable in respect of the Professional Services rendered by PerfectMIND to Customer under this Agreement will be exclusive of all shipping charges, insurance charges, customs duties, sales taxes, value -added taxes, and any other like charges or taxes. Customer will be responsible for paying all such charges and taxes in connection with the provision of the Professional Services under this Agreement. 4.8 Currency. All prices in this Agreement are in United States (US) dollars. PART 5 —USE OF THE PLATFORM 5.1 PerfectMIND Responsibilities. PerfectMIND will provide the Platform in accordance with the service levels set out in Exhibit D. PerfectMIND will provide to Customer, at no additional charge, the support for the Platform described in Exhibit D. PerfectMIND will comply with all Applicable Laws in the performance of this Agreement. 5.2 Training. [vc9i[vsio] PerfectMIND will provide training to Customer's staff during the implementation period as provided in Exhibit B. This training may be in the form of in- person/on -site training or remote /online training. Customer's staff will also have access to all on- line training materials made available by PerfectMIND to its customers including live and pre- recorded webinars. Customer may purchase additional training at PerfectMIND's posted standard hourly rate for professional services. For additional training purchased by Customer, Customer will reimburse PerfectMIND for all reasonable travel and other out -of- pocket expenses incurred by PerfectMIND's employees and subcontractors in providing on -site training. All such expenses 209 for which PerfectMIND seeks reimbursement will be supported by documentation in a form reasonably acceptable to Customer. 5.3 Customer Responsibilities. Customer will (a) be responsible for Account- holders' compliance with all of the terms and conditions of this Agreement; (b) be solely responsible for the accuracy, quality, integrity and legality of Customer Data, including Customer Content, and of the means by which. Customer Data is acquired and used, including compliance with all personal information privacy laws and regulations and ensuring that no third party Intellectual Property Rights are infringed; (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Platform, and notify PerfectMIND promptly of any such unauthorized access or use; and (d) use the Platform only for Permitted Purposes and in accordance with the documentation therefor and all Applicable Laws. 5.4 Prohibited Conduct. Customer will not a. make the Platform available to anyone, or permit anyone to access the Platform, other than Account - holders; b. license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease or time -share the rights granted to Customer under this Agreement, or copy or otherwise commercially exploit the Platform or its components in any way except in accordance with the rights granted hereunder; C. use the Platform in any manner or for any purpose (i) that violates this Agreement, (ii) that contravenes, facilitates the violation of, or violates any Applicable Laws; (iii) that extracts, gathers, collects, or stores personal information about individuals except in compliance with all applicable personal information privacy laws or that involves data mining, robots or similar data gathering or extraction methods on individual's personal information without their express consent, or (iv) that interferes with or disrupts the integrity or performance of the Platform, PerfectMIND's systems or networks or third - party data of Content contained therein; d. attempt to gain unauthorized access to the Platform or its related systems or networks; e. post, upload, reproduce, distribute or otherwise transmit on the Platform (i) pyramid schemes, (ii) any material that contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component, (iii) defamatory, infringing, indecent or unlawful software, materials or information, or (iv) inappropriate, profane, or obscene software, materials or information without suitable or lawfully - required access controls; f. alter, modify, reverse engineer, decompile, or disassemble, translate, extract data structures from or otherwise attempt to extract the source code wC11l[Vs12]from the Platform or any part thereof; g. create derivative works based on the Platform or works containing a substantial part of the Platform; s 210 h. copy, frame or mirror any part or content of the Platform; [AS 131jwS 14] i. disable or circumvent any access control or related process or procedure established with respect to the Platform; j. remove any copyright or other proprietary or Intellectual Property Rights notices or labels on or in the Platform or any part, copy or report generated therefrom or thereof, k. use the Platform to scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems; 1. access the Platform in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Platform; m. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any Content transmitted using the Platform; n. impersonate or falsely represent an association with any person, including a PerfectMIND representative, without the prior express, written permission of such person; or o. permit any of the foregoing to be done by any person, including Customer's employees, contractors, agents, or representatives, including Account - holders. 5.5 [TE151,ws16 Commercial[TE171[VS]8] Electronic Messages. All email messages that Customer sends using the Platform will comply with all applicable anti -spam laws and regulations, including those relating to commercial electronic messages. When using the Platform, Customer will represent itself and /or its organization accurately and will not impersonate any other person, whether actual or fictitious. Customer specifically agrees that (to the extent that the Platform permits it, and it is within Customer's control to do so) for all messages that Customer sends using the Platform (i) the "from" line of the message will accurately and in a non - deceptive manner identify Customer's organization; (ii) the "subject" line of the message will not contain any deceptive or misleading content regarding the overall subject matter of the message, and (iii) the message will include the contact information of the Account - holder who sends the message or another individual within Customer's organization who may be readily contacted by the recipient, and such contact information will remain valid for at least 60 days after the message is sent. Customer will ensure that every message sent using the Platform will contain an "unsubscribe" link that allows recipient to remove himself /herself /itself from Customer contact list and specify an electronic address on the World Wide Web that can be accessed by the recipient of the message for the purpose of unsubscribing. Customer will promptly, and in any event no later than 10 days after the receipt of the request, give effect to any unsubscription requests it receives. Customer may not charge a fee, require the recipient to provide any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for giving effect to an unsubscribe request. Customer acknowledges that Customer will be responsible for maintaining and giving effect to the list of unsubscribe requests following termination of this Agreement. 211 5.6 Account Use, PerfectMIND will issue Accounts, or permit Customer to issue Accounts, to individuals selected by Customer as Account - holders. Only Account - holders may access or use the Platform and each Account - holder's access to the Platform requires valid login credentials, including at least user identification and secure passwords (each an "Account "). The rights of an Account - holder may not be used by more than one individual, unless the Account of the Account - holder is reassigned in its entirety to another Account- holder, in which case the prior holder of the Account shall no longer have any right to access or use the Platform. Customer acknowledges and agrees that Customer: a. is fully responsible for Accounts assigned by or at the request of Customer and the acts and omissions of each Account - holder, including the creation of Account credentials by any person, the maintenance, confidentiality and security of all passwords related to Accounts, and any and all activities that occur under Accounts (including persons who gain access to such Accounts, whether with or without permission); b. will notify PerfectMIND as soon as practicable after obtaining or receiving any knowledge of (i) any unauthorized use of an Account or any password related to an Account, or (ii) any other breach of security with respect to an Account, provided that such notification will not negate Customer's liability for any unauthorized use of an Account or password until such time as PerfectMIND can be reasonably expected to take corrective measures; and C. will provide true, current, accurate and complete information as prompted by the Account - creation process or as otherwise requested by PerfectMIND from time to time and to promptly update such information when any changes occur so as to keep such information held by PerfectMIND true, current, complete and accurate. 5.7 Usage Limitations. The following provisions apply with respect to the Platform: a. General Practices and Limits. Customer acknowledges and agrees that PerfectMIND may establish from time to time general practices and limits concerning the use of the Platform, including: the maximum size of any Customer Data, including Customer Content, that may be stored on PerfectMIND servers (the "Storage Limit "); the maximum amount, speed and type of Customer Data, including Customer Content, that may be sent from or received using the Platform (the "Usage Limit "). Such general practices and limits may be posted on PerfectMIND's website or otherwise made available through the Platform. Customer agrees that Customer's usage may not exceed such limits, and that it is Customer's responsibility to monitor Account usage of the Platform. PerfectMIND covenants that the Storage Limit and the Usage Limit set for Customer will not be less than the following: Minimum Storage Limit • Storage: 80GB ($160 per month for every additional 80GB blocks of storage)'[vc 19] [VS2 07 Usage Limit 10 212 • Accountholders: Unlimited Email: 25,000 emails per month ($200 per month for additional 50,000 email s[Vcai];[Vsza] b. Internet -based Software. The Platform depends on the Internet, including networks, cabling, equipment and facilities that are not in PerfectMIND's control; accordingly (i) any representation made by PerfectMIND regarding access performance, speeds, reliability, availability, use or consistency of the Platform, to the extent that they are dependent on the underlying Internet services, are on a "commercially reasonable efforts" basis, (ii) PerfectMIND cannot guarantee any minimum level regarding actual user performance, speed, reliability, availability, use or consistency based on factors depending on the Internet, and (iii) content, data, messages, information or materials sent over the Internet may not be completely private, and anonymity is not guaranteed. PART 6— CONTENT, INTELLECTUAL PROPERTY AND PRIVACY 6.1 Reservation of Rights. All right, title and interest, including all Intellectual Property Rights, in and to the Platform and PerfectMIND Technology is and will at all times be fully vested in PerfectMIND or its licensors, as the case may be. 6.2 Third -Party Content— Content accessed or available through the Platform may be owned by third- parties other than PerfectMIND or Customer (collectively, "Third Party Content ") and may be protected by applicable Intellectual Property Rights. During use of the Platform, Customer may enter into correspondence with, purchase goods, hardware or services from, or participate in promotions of advertisers or sponsors showing their goods or services through the Platform. Any such activities, and any terms, conditions, warranties or representations associated with such activities are solely between the applicable third party and Customer. PerfectMIND and its licensors shall have no liability, obligation or responsibility to Customer for any such correspondence, purchases or promotions. Customer acknowledges and agrees that Customer shall be solely responsible for obtaining necessary licenses, consent and permits from third -party providers with respect to any Third Party Content or ancillary software, hardware, or services that Customer may use in connection with its use of the Platform. 6.3 Feedback. From time to time during the term of this Agreement, Customer and Account - holders may provide PerfectMIND with comments, suggestions, ideas and impressions of the Platform ( "Feedback "). Customer acknowledges and agrees that, by disclosing such Feedback to PerfectMIND, the provider thereof will be deemed to have granted to PerfectMIND a royalty -free, worldwide, transferable, sub - licensable, non - exclusive, irrevocable and perpetual license to use, modify, adapt, improve or incorporate such Feedback into the Platform. Customer acknowledges and agrees that the right to use the Platform is good and sufficient consideration for any contributions, through the Feedback or otherwise, to the design, improvement, or functionality of the Platform and the transfer to PerfectMlND thereof. 6.4 Customer[TE231I[vs24] Data. PerfectMIND does not claim ownership of, and assumes no liability or responsibility with respect to, any Customer Data, including Customer 213 Content. As between PerfectMIND and Customer, all right, title and interest (including Intellectual Property Rights) in and to Customer Data will at all times be fully vested in Customer, except that, by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Customer Data to PerfectMIND or any third party using the Platform, Customer agrees as follows: a. Customer will have thereby granted PerfectMIND a royalty -free, non - exclusive, worldwide, fully paid -up limited license to use, copy, distribute, transmit, display, edit, delete, publish and translate such Customer Data to the extent reasonably required by PerfectMIND in connection with the functionality of the Platform and the performance of this Agreement as well as to ensure adherence to or enforce the terms of this Agreement; b. Customer, and not PerfectMIND, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of all Customer Data, and PerfectMIND will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data; and C. Customer will have thereby confirmed, represented and warranted to PerfectMIND that Customer has all rights, titles and interests (including all Intellectual Property Rights as well as the power and authority necessary), to grant the license to such Customer Data set above in subsection 6.4(a). 6.5 Privacy. PerfectMIND acknowledges and agree that Customer Data may contain sensitive [TEx2571[AS2611,ws271 information, and, in connection therewith, (a) PerfectMIND will comply with all Applicable Laws relating to personal information privacy, including British Columbia Personal Information Protection Act and will adhere to the PerfectMIND Privacy Policy, which forms an integral part hereof and is incorporated herein by reference; (b) PerfectMIND will use industry - standard management practices, technologies and security to protect the integrity, safety and security of Customer Data in both physical and electronic form; (c) Customer acknowledges and agrees that its use of the Platform will utilize, in whole or in part, the public Internet and third party networks to transmit communications, which transmissions may be intercepted by other parties or stored, cached, routed, transmitted or received in jurisdictions outside of the jurisdiction of Customer, (d) PerfectMIND will not use Customer Data for any purpose other than to provide the functionality of the Platform to Customer and its users, to ensure adherence to or enforce the terms of this Agreement, or (only in aggregate form) for site metrics; (e) PerfectMIND reserves the right to modify the PerfectMIND Privacy Policy and its security policies in its reasonable discretion from time to time, subject to any Applicable Laws. 6.6 Record Keeping and Reporting. a. PerfectMind 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 Customer to ensure the performance of this Agreement. 12 214 b. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them 1'[TE281[vs291s granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 6.7 Use of the Other Party's Name. Each party may use the other party's name in its news releases, marketing and promotional materials and the like provided that such will comply with any standards set by the other party from time to time. Each party will cease to use the other party's name upon any expiration or termination of this Agreement[TEx30][AS31]. PART 7 —TERM AND TERMINATION 7.1 Term. This Agreement commences on the date first set out above and will continue in effect for five (5) years thereafter, unless earlier terminated or renewed in accordance with the provisions of this Agreement (the "Term "). At the expiration of the initial five year period, the Terin will be automatically renewed for successive one year periods unless a party provides written notice to the other party of the first party's intention not to renew, at least thirty days before the expiry of the then - current Term. 7.2 Renewal Terms. The fees payable by Customer during any such renewal term will be the same as the fee for the last year during the prior term unless PerfectMIND has given Customer written notice of a pricing change at least 90 days' before the end of such prior term, in which case the pricing change will be effective upon renewal and thereafter 7.3 Termination. Either party may terminate this Agreement for cause, immediately upon written notice to the other party, if: a. the other party is in default of any of its material obligations under this Agreement and such default is not remedied within thirty (30) days of the date of receipt of written notice thereof, provided that cure period with respect to default in payment obligations is ten (10) days; or b. the other party ceases to conduct business in the normal course; the other party becomes insolvent or bankrupt; the other party makes any assignment for the benefit of creditors; proceedings are instituted by or against the other party seeking relief, reorganisation or rearrangement under any laws relating to insolvency; a receiver, liquidator or trustee is appointed in respect of any property or assets of the other party; or an order is made for the liquidation, dissolution or winding up of the other party. 7.4 Payment on Termination. If this Agreement is terminated by Customer due to PerfectMIND's default, then PerfectMIND will refund to Customer an amount equal to the fees actually paid by Customer for the year during which the termination occurs prorated based on the post - termination portion of the year. Otherwise, any termination of the Agreement will not relieve Customer of its obligation to pay the fees payable to PerfectMIND for the Term of the Agreement 13 215 for the use of the Platform nor does it entitle Customer to any refund. Upon the termination of this Agreement, without prejudice to any other rights PerfectMIND may have, Customer will (a) remit all fees payable for the Professional Services and Work Products accepted by Customer prior to the date of such termination or suspension; (b) remit all fees payable for work -in- progress, on a time and materials basis, at the rate structure applicable to the Statement of Work Order; and (c) remit all such other costs of PerfectMIND, demonstrated to the reasonable satisfaction of Customer, directly related to the permanent or temporary winding down of the Professional Services, work and deliveries which are being terminated or suspended. 7.5 Return of Customer Data. Upon request by Customer made within 30 days after the[TEx3a]jws33]�[TE34.] effective date of termination or expiration of this Agreement (except in the case of PerfectMIND terminating this Agreement for cause under §7.3), PerfectMIND will make available to Customer for download a file of the relevant Customer Data in a commercially - reasonable standard (such as comma separated value (.csv) or extendible markup language (.xml)) format along with attachments in their native format as stored by PerfectMIND. After such 30 -day period, PerfectMIND will have no obligation to maintain or provide . any such Customer Data and will thereafter, unless legally prohibited, delete all such Customer Data in PerfectMIND systems or otherwise in PerfectMIND's possession or under PerfectMIND'S control. Within 15 days of any termination for cause of this Agreement by PerfectMIND pursuant to Section 7.3, Customer may request return of Customer Data, in which case Customer will pay to PerfectMIND any fees outstanding prior to the termination of this Agreement plus any fee that PerfectMIND requests, based on the time required to accommodate Customer's request regarding return of Customer Data, and upon receipt of such payments, PerfectMIND will make available Customer Data to Customer for download as set out above. If Customer does not make a request within the 15 day time limit or fails to make payments within five (5) days after receiving PerfectMIND's fee request, Customer's right to access or use Customer Data will immediately cease, and PerfectMIND will have[TE35],ws36] no obligation to maintain or provide any Customer Data and will thereafter, unless legally prohibited, delete all such Customer Data in PerfectMIND systems or otherwise in PerfectMIND's possession or under PerfectMIND's control [AS371 7.6 Survival. Without limiting the applicability of other terms and conditions of this Agreement, the terms of this Agreement that, by their nature, are intended to survive any purported or actual termination or expiry of this Agreement will so survive, including Part 1, Part 3, Part 6, Part 7, Part 8, Part 9 (except for §9.1) and Part 10. PART 8- CONFIDENTIALITY[TEH381[•rr391 8.1 �;Confidential[AS4o]�[vs41] Information. Neither party will, without the prior written approval of the other party, disclose or use for any purpose other than exercise of its rights or performance of its obligations under this Agreement any infermation, deer meat" know -how, trade secrets of the other party, ineluding the terms of this Agreement and such other information that is not in the public domain including, in respect of the Customer Data and, in respect of the Platform (collectively, "Confidential Information ") that may come to its knowledge or possession by reason of exchange of information under this Agreement or entering into this Agreement, except as required by law including the Public Records Act of the State of Washington. 14 216 8.2 Obligation to Protect. Each party will protect the other's Confidential Information using the same standard of care that it would use to protect its own, similar information, but in any case no less than a reasonable standard of care for information of similar sensitivity. 8.3 Title. All right, title and interest (including all Intellectual Property Rights) in and to each party's Confidential Information will be and remain vested in such party. 8.4 Permitted Disclosures. Each party will not disclose Confidential Information of the other party to any person except to the first party's employees, agents and sub - contractors on a strictly "need -to- know" basis, and provided that such persons are subject to confidentiality obligations equivalent to the obligations imposed hereunder. Notwithstanding such disclosures, each party will be fully responsible for any breaches of confidentiality caused by such persons to whom the Confidential Information is disclosed as if such breach were committed by such party. 8.5 Exceptions. Neither party will have an obligation with respect to Confidential Information where such party can establish, through documentary evidence, that such information (a) was previously known to it free of any obligation to keep it confidential, (b) is or becomes publicly available other than by unauthorized disclosure, (c) is legally disclosed by third parties without restrictions of confidentiality, or (d) has been independently developed by it without reference to the other party's Confidential Information. 8.6 Governmental Disclosures. Notwithstanding anything else in this Agreement, if a party is required to disclose any Confidential Information to a government body or court of law or as otherwise required by law, it may do so provided that it gives the other party sufficient advance notice as reasonable in the circumstances subject to applicable law to enable the owner of such Confidential Information the opportunity to contest the disclosure or obtain a protective order and assists the owner of such Confidential Information in contesting or protecting same. PART 9— WARRANTIES, DISCLAIMERS, INDEMNITIES AND LIABILITY 9.1 PerfectMIND Warranties. PerfectMIND represents and warrants to Customer that (a) the Platform will perform materially in accordance with the documentation therefor under normal use and circumstances; (b) the Professional Services will be performed in a diligent and workmanlike manner consistent with standards generally observed in the industry for similar services, and the Work Product will materially conform to the Statement of Work upon acceptance, and PerfectMIND will use all commercially reasonable efforts to remedy any material non- conformance of the Work Product to the Statement of Work in an expeditious manner; and (c) the functionality of the Platform will not be materially decreased during the Term, subject to the other provisions of this Agreement. For clarity, PerfectMIND will not be responsible for and the warranties provided by PerfectMIND in this §9.1 do not apply to situations where improper or inadequate installation or maintenance of software or hardware that Customer uses to access or utilize, or otherwise in connection with, the Platform or Customer Data, or failure to properly configure the Platform for use in connection with such hardware or software is the cause of a failure or malfunction. 1s 217 9.2 Mutual Warranty. Each party represents and warrants that it has the legal power and authority to enter into this Agreement and to fully abide by the terms and conditions hereof. 9.3 NO OTHER WARRANTIES. THE PLATFORM AND THE WORK PRODUCT ARE PROVIDED ON AN "AS -IS" AND "AS- AVAILABLE" BASIS AND PERFECTMIND DOES NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION ERROR -FREE OR UNINTERRUPTED. CUSTOMER ACKNOWLEDGES THAT PERFECTMIND DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE PROVIDED UNDER THIS AGREEMENT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. PERFECTMIND IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THERE ARE NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY PROVIDED IN THIS AGREEMENT. THE CONDITIONS, REPRESENTATIONS AND WARRANTIES EXPRESSLY SET OUT HEREIN ARE IN LIEU OF, AND PERFECTMIND EXPRESSLY DISCLAIMS, ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS, WARRANTIES OR REPRESENTATIONS IN RESPECT OF QUALITY, CONDUCT, PERFORMANCE, RELIABILITY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 9.4 Indemnification by PerfectMIND. PerfectMIND will indemnify and hold harmless Customer, and its officers, employees and agents (collectively, in this §9.4, the "Indemnified Persons "), from and against any and all Claims brought or made against, or incurred by, the Indemnified Persons, or any one of them, arising out of a claim by a third party that the Platform or the Work Product infringes the Intellectual Property Rights of a third party enforceable in Canada or the United States. 9.5 Exception to PerfectMIND Indemnity. Notwithstanding §9.4, PerfectMIND will not be required to defend or indemnify any Indemnified Person if, and to the extent that, the Claim would not have arisen but for (a) any Indemnified Person's combination of the Platform or Work products with software, services or products not supplied by PerfectMIND, (b) any breach by an Indemnified Person of any provision of this Agreement, or (c) any refusal by the Indemnified Person to use a non - infringing version of the Platform or the Work Product offered by PerfectMIND under §9.7. 9.6 Indemnification by Customer. Customer will indemnify and hold harmless PerfectMIND and its officers, employees and agents (collectively, in this §9.6, the "Indemnified Persons "), from and against any and all Claims brought or made against, or incurred by, the Indemnified Persons, or any one of them, arising out of a claim by a third party that Customer Data, or Customer use of Customer Data (a) infringes the Intellectual Property Rights of a third party, or (b) is inappropriate, profane, defamatory, infringing, obscene or indecent or otherwise breaches any Applicable Law. 16 218 9.7 Additional Infringement Obligations. If PerfectMIND receives any knowledge of any Claim in respect of §9.4 or any circumstances in which a Claim in respect of such provision is threatened or reasonably anticipated, it will, as soon as reasonably practicable, (a) procure, at its expense, the right for Customer to use the Platform or the Work Product, as the case may be, or such infringing part thereof; (b) replace, at its expense, the Platform or the Work Product, as the case may be, or such infringing part thereof, with material of comparable functionality that does not breach this Agreement; (c) if the removal of such infringing part of the Platform or the Work Product, as the case may be, would not be a breach of this Agreement, remove such infringing part of the Platform; or (d) terminate this Agreement and refund to Customer a pro rata portion of the Platform use fees prepaid by Customer for the period during which the Agreement is terminated. 9.8 Conduct of Indemnities. Each party acknowledges that the indemnifying party will be given complete authority for the defence or settlement of Claims indemnified hereunder, on the understanding that, in all events, the indemnified party will have the right (at its own expense) to participate in such defence or compromise through counsel of its choosing. An indemnifying party's obligations to provide an indemnity hereunder will be conditional upon (a) the indemnified party notifying the indemnifying party as soon as reasonably practicable after receiving notice of a Claim, (b) the indemnified party providing such information and assistance as reasonably requested by the indemnifying party, and (c) the indemnified party not compromising or settling the Claim without the indemnifying party's prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. 9.9 EXCLUSION AND LIMIT OF LIABILITY. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF BUSINESS, LOSS OF MANAGEMENT OR OPERATION TIME AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF THE PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY THEREOF OR COULD HAVE FORESEEN SUCH CLAIMS. THE ENTIRE LIABILITY OF EACH PARTY TO THE OTHER PARTY FOR DIRECT DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION OR THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE FEES ACTUALLY PAID TO PERFECTMIND BY CUSTOMER DURING THE THREE (3) MONTHS PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES (EXCEPT THAT NOTHING IN THIS PROVISION WILL LIMIT CUSTOMER'S OBLIGATION TO PAY THE FEES PROVIDED IN PART 4 TO PERFECTMIND). 9.10 Exclusive Remedy, This Part 9 states PerfectMIND's sole liability to Customer, and Customer's exclusive remedy against PerfectMIND for any type of Claim described in Part 9. 17 219 PART 1.0— GENERAL 10.1 Internal Escalation of Disputes. Any controversy, claim or dispute ( "Dispute ") arising out of or related to this Agreement, including, without limitation, Disputes covering the performance of the parties' obligations or the interpretation of the terms and conditions of this Agreement or applicable fees or payments, shall be dealt with as follows: Each Dispute initially shall be brought for resolution before a committee consisting of two (2) representatives of each of the parties- the project manager and the Account Manager from PerfectMIND and the project manager and a person with a position equivalent to Account manager from Customer. If the committee is unable to resolve a Dispute within ten (10) working days, then the Dispute shall be escalated to a separate committee consisting of one (1) officer of each party – the Director of Customer Service from PerfectMIND and an officer of equivalent position from Customer. If this second committee is unable to resolve the Dispute within ten (10) working days, then the Dispute shall be escalated to another separate committee consisting of two (2) executive officers of each party – the CEO and the COO of PerfectMIND and two executive officers with equivalent positions with Customer. Members of each committee shall act reasonably and good faith and attempt to resolve the dispute amicably. 10.2 Arbitration. if the eemmittee of exeetAive effieefs is unable to feselve the Disput-e within fifteen (15) wefking days then either pafty may Fefef the Dispute to formal ar-bitr-a4ien in aeeor-danee with the C-oniniei-ei6t!,4pbit-ratioii,4eI (British Columbia), andjudgment upon the a--.A,afd shall be final rl binding on the parties. Nom. �..,... . 10.3 Marketing. PerfectMIND may use Customer's name, with an accurate reference to Customer's use of the Platform, in PerfectMIND's marketing materials or on PerfectMIND's website, with a link to Customer's website. 10.4 Notice. Any notice required or permitted to be given hereunder will be in writing and may be given by personal services, including by courier, or by facsimile if confirmed on the same day, or in writing by registered airmail, with postage prepaid to the following: If to PerfectMIND: PerfectMIND Inc. 110- 980 West 1s' Street North Vancouver, BC, V7P 3N4 1s 220 SWIS shall be final rl binding on the parties. Nom. �..,... . 10.3 Marketing. PerfectMIND may use Customer's name, with an accurate reference to Customer's use of the Platform, in PerfectMIND's marketing materials or on PerfectMIND's website, with a link to Customer's website. 10.4 Notice. Any notice required or permitted to be given hereunder will be in writing and may be given by personal services, including by courier, or by facsimile if confirmed on the same day, or in writing by registered airmail, with postage prepaid to the following: If to PerfectMIND: PerfectMIND Inc. 110- 980 West 1s' Street North Vancouver, BC, V7P 3N4 1s 220 Fax: (855) 615 -5253 Attention: Farid Dordar -CEO or Ali Sanei -COO If to the City: The City of Tukwila 6200 Southeenter Blvd. Tukwila, Washington, 98188 Fax: (206) 768 -0524 Attention: City Clerk ce: \Joseph Todd, TIS Director and CIO Any notice given by personal delivery (including courier) will be conclusively deemed to have been given on the day of actual delivery thereof and, if given by facsimile, on the day of transmittal thereof if given during the normal business hours of the recipient on a business day, and on the business day during which such normal business hours next occur if not given during such hours. 10.5 Assignments. This Agreement may not be assigned by either party without the prior written approval of the other party, such approval not to be unreasonably withheld or delayed, but may be assigned by PerfectMIND to (i) a parent, subsidiary or affiliate; (ii) an acquirer of assets; or (iii) a successor by merger, on written notice to Customer. Any purported assignment in violation of this section shall be void. 10.6 Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State of Washington and the laws of the United States of America Previnee of British r 1 1'' d the laws of Caanad-a applicable therein, without reference to conflict of laws principles, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Platform shall be subject to the exclusive jurisdiction of the courts of King County, Washington, U.S.A.,B '*' >, Columbia, Cana , to which the parties hereby irrevocably attorn. 10.7 Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of an event of Force Majeure. 10.8 Waivers. No right under this Agreement will be deemed to be waived except by notice in writing signed by the party waiving its right, and any such waiver will not prejudice its rights in respect of any subsequent breach of this Agreement by the other party. Any failure by a party to enforce any clause of this Agreement or right contained in it, or any forbearance, delay or indulgence granted by a party to the other party, will not be construed as a waiver of the first - mentioned party's rights under this Agreement. 10.9 No Presumption. No presumption shall operate in favour of or against any party hereto as a result of any responsibility that any party may have had for drafting this Agreement. 19 221 10.10 Enurement. This Agreement will enure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns and receivers. 10.11 Injunctive Relief. Each party acknowledges and agrees that a breach by it of the provisions of this Agreement relating to Confidential Information, Intellectual Property Rights, or restrictive obligations may result in immediate and irreparable harm to the other party for which compensation would be an inadequate remedy. Accordingly, each party acknowledges and agrees that the other party may seek, as a matter of right and without the necessity of establishing the inadequacy of monetary damages, injunctive or other equitable relief to prevent or remedy such conduct from any court of appropriate jurisdiction. 10.12 Entire Agreement. This Agreement together with any applicable Statement of Work constitutes the entire Agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing. In connection therewith, no terms or conditions stated in any Customer purchase order or other order or documentation will be incorporated into or form any part of this Agreement, and all such terms or conditions will be null and void, notwithstanding any provision therein. 10.13 Amendments. This Agreement may not be amended except by written instrument signed by an authorized representative of both parties. 10.14 Severability. If any term or provision of this Agreement will be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same will not affect the other terms or provisions hereof or the whole of this Agreement, but such terms or provisions will be deemed modified to the extent necessary in the court's opinion to render such terms or provisions enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth. 10.15 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 10.16 No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement. 10.17 Counterparts. This Agreement may be signed in as many counterparts as may be necessary, each of which so signed will be deemed to be an original and each copy sent by electronic facsimile transmissions will be deemed to be an original, and such counterparts together 20 222 will constitute one and the same instrument and notwithstanding the date or dates of execution will be deemed to bear the date as first above written. IN WITNESS WHEREOF the parties have executed this Agreement with effect as of the date first above written. PERFECTMIND INC. Per: (Signature of PerfectMIND Authorized Signatory) Name: Title: (Please Print PerfectMIND Signatory's Name) (Please Print PerfectMIND Signatory's Title) 21 CITY OF TUKWILA Per: (Signature of Customer Authorized Signatory) Name: Title: (Please Print Customer Signatory's Name) (Please Print Customer Signatory's Title) 223 224 IMM Platform Use fees PLATFORM The fees for the Platform use will be as f0ll0ws[TEH42][Tr43jws44]: Year One (from December 31, 2016 to December 30, 201.7): $19,818 Year Two (from December 31, 2017 to December 30, 2018): $19,818 Year Three (from. December 31, 2018 to December 30, 30 2019): $19,818 Year Four (from December 31, 2019 to December 30, 2020): $19,818 Year Five (from December 31, 2020 to December 30, 2021): $19,818 225 EXHIBIT B Statement of Work Scope /Project Management and Planning PerfectMIND will be responsible for planning and managing the project, using best practices generally recognized as good project management methodology, and designating a Project Manager for the project, who will be responsible for: • Adherence to the project scope and schedule • Management of work activities including system design and installation, system configuration, data conversion, testing and quality assurance, administrator and end -user training, and go -live support • Coordination of resources, work sessions, and training • Communications • Managing project issues and issue tracking • Status reports • Available for status calls to provide updates • Working with the designated Customer project manager • Deliverable acceptance and sign -off The frequency and other details of status reports will be agreed upon during the discovery phase. In addition to the Project Manager, PerfectMIND will assign appropriate staff to complete the deliverables described in this Statement of Work, including at minimum: system installation, software configuration, data conversion, testing, administration and end -user training and go -live support. Timeline Customer is planning to implement the solution with the following estimated timeline. PerfectMIND is expected to recommend an overall implementation plan and timeline based on their experience with implementations of similar scope and complexity. December 2016;[TEH45][TE46] Contract Signature TBD Project kick off TBD Project Initiation TBD Software Configuration and Reports TBD User Acceptance Testing TBD Training and Documentation TBD[Vs47] Go -live 226 Technical Requirements PerfectMIND will provide a SaaS solution, the only requirement for operating and using the proposed solution will be broadband internet connection and access to the internet via a web browser with all standard browsers being supported (recommended browsers will be communicated to Customer during the implementation phase). Customer Testing PerfectMIND will develop a test plan for Customer that covers system and functional, testing. After all of the components of the system have been completed, Customer will conduct system and functional testing. Customer will report any defects to PerfectMIND immediately for correction. If any defects are found, PerfectMIND will provide a plan to achieve acceptance or to make corrections or replacements. Training PerfectMIND will provide full training to system administrators and trainers (number of system administrator and trainers to be determined at the discretion of Customer). PerfectMIND will develop a training plan for Customer to fully prepare the system administrators to support the system. The training plan will include: • In -depth understanding of the system functionalities, including: ■ Security Settings ■ Workflow Development ■ Report Development ■ Software Configuration A review of best practices in the configuration and use of the system. Training sessions on different modules of the system, including: ■ Contact /Account Management ■ Store /Point of Sale Training ■ Membership Management ■ Attendance Tracking ■ Billing Management ■ Activity /Program Registration ■ Facility Rental ■ Appointments and Private Lesson scheduling ■ Marketing ■ Staff Management ■ Accounting ■ Document Template creation and configuration Troubleshooting PerfectMIND will provide technical assistance to Customer's IT staff on the operation of the system. PerfectMIND will investigate and troubleshoot any technical issues with the system that Customer's IT staff report to PerfectMIND. 227 Post -live Support PerfectMIND will provide full application support during the week of go -live. PerfectMIND's project team will be available to provide go -live and post go -live support. The resource(s) will be accessible by phone and email to the system administrators. Future Services The ability to provide the services /products in this section may be required in the future. Customer may request to add similar services or products in the future, including but not limited to: New features or; Features that were identified as Custom Additional Reports[TrtJ48#VS49] and such similar services and products will be provided by PerfectMIND upon PerfectMIND and Customer negotiating and entering into Statements of Work providing for same. Deliverables and Service Acceptance Customer designee will formalize the acceptance of the service via written acceptance of the following acceptance forms: 228 Acceptance Form A- Project Kickoff (Milestone 1) Purpose The purpose of the Project Kickoff Acceptance Form is to confirm that the project kickoff has occurred and the following deliverables are completed. Deliverables • Contract signature and execution • Planning of the project kickoff /discovery session • Resourcing and scheduling for the discovery phase • Preliminary review of the requirements by the project team prior to the first meeting + Creation of live production environment, which includes at a minimum: — Setup of Customer's production environment on the cloud — System setups including backups and retentions — Database security setup — Setup of the monitoring tools and systems on Customer's database — Basic configuration of the database with Parks and Rec Modules The work was completed on Accepted by: (City of ): Title: (PerfectMIND): Title: and accepted by Customer. Date: Date: 3 229 Acceptance Form B - Project Initiation (Milestone 2) Purpose The purpose of the Project Initiation Acceptance Form is to confirm that the project initiation is complete. Deliverables • Discovery phase, which will inform the detailed work breakdown structure and includes: — Existing database system discovery — Business process review and gap analysis — Activity registration overview — Facility configuration overview — Membership management overview — Store and point of sale overview — Marketing overview — Accounting configuration The Discovery phase may involve multiple meetings and communications to clarify and assist PerfectMIND in understanding the above areas further. • Project work breakdown structure includes: — Tasks and durations — Scheduling — Resourcing and assignments — Dependencies • Initiation of tasks listed under "Scope /Project Management and Planning" above, which includes: — Communications requirement — Project reporting requirements including the frequency and details of the status reports — Issue list /tracker requirements The work was completed on and accepted by Customer. Accepted by: (City of Date: Title: (PerfectMIND): Title: 4 230 Date: Acceptance Form C — Software Configuration and Reports (Milestone 3) Purpose The purpose of the Software Configuration and Reports Acceptance Form is to confirm that the software and reports configuration is complete. Deliverables • Application configuration and setup • Security and roles configuration • Setup workflows and business rules • Configuration and creation of the reports The work was completed on and accepted by Customer. Accepted by: (City of Title: (PerfectMIND): Title: Date: Date: 231 Acceptance Form E — User Acceptance Testing (Milestone 4) Purpose The purpose of the User Acceptance Testing Form is to confirm that the system testing is complete and the system is functional. Deliverables The test plan including test scripts, schedule, roles and responsibilities, and definitions of passed /failed test is provided to Customer and Customer is coached through the testing phase. Customer will conduct a complete test on the system to ensure the following is tested and passed: • System functions • Work flows and business rules • Reports The work was completed on Accepted by: (City of ): Title: (PerfectMIND): Title: 232 and accepted by Customer. Date: Date: Acceptance Form F - Training (Milestone 5) Purpose The purpose of the Training Acceptance Form is to confirm that the training is complete. Deliverables The training plan is complete and specifies the training schedule and curriculum for the recipients of system administrator training and end -user training. Customer will confirm the following: • System administrators have been trained on all aspects of system configuration, individual and role -based security profiles, enterprise silo security settings and configurations, document template creation, and report queries and changes. • System administrators are able to complete new configuration items with minimal assistance from PerfectMIND. • End users have been trained on all aspects of the system and can complete tasks within the system. • Training materials and online learning center access have been delivered. The work was completed on Accepted by: (City of ): Title: (PerfectMIND): Title: and accepted by Customer. Date: Date: 7 233 Acceptance Form G - Go -Live (Milestone 6) Purpose The purpose of the Final Acceptance Form is to confirm that the system is operational. Deliverables The final data conversion has been completed and the system is pushed to the Production environment. The work was completed on Accepted by: (City of ) Title: (PerfectMIND): Title: 234 and accepted by Customer. Date: Date: Fee Payment Schedule lvc501[TE5]11TE521'lvs53l Schedule Target Dates (Dates are sr 1 year subject to change based on the "project Implementation subscription initiation" Phase) Milestones & Deliverable Amount Amount Payment Date Upon signing of the agreement Upon signing TBD • Contract Signature and of the Execution Agreement $10,000 $0 Project Kick off (Milestone 1) • Planning of the project kick off /discovery session • Resourcing and Scheduling for the discovery phase Upon TBD • Preliminary review of the completion of requirements by the project Acceptance team prior to the first Form A meeting • Creation of the live production environment (Not available for customers to login) $5,000 $0 Project Initiation (Milestone 2) • Discovery phase • Project work breakdown Upon TBD structure completion of • Initiation of tasks listed Acceptance under "Scope /Project Form B Management and Planning" $5,182 $0 235 236 Software Configuration and Reports (Milestone 3) • Application configuration and setup Upon TBD • Security and roles completion of configuration Acceptance • Setup workflows and Form C business rules Configuration and creations of the reports $4,568 $4,954.50 User Acceptance Testing (Milestone 4) Upon TBD completion of • Data Conversion Acceptance Form D $5,000 $4,954.50 User Acceptance Testing (Milestone 5) TBD • System functions • Work flows and business Upon rules completion of • Reports Acceptance $3,000 $4,954.50 Form E 236 The above fees do not include any travel, living or any other out -of- pocket expenses incurred by PerfectMIND in providing Professional Services. Customer will reimburse PerfectMlND for all 237 Training (Milestone 6) • System administrators have been trained on all aspects of system configuration, individual and role -based security profiles, enterprise silo security settings and configurations, document template creation, and report queries and changes. Upon TBD • System administrators are completion of able to complete new Acceptance Form F configuration items with minimal assistance from PerfectMlND. • End users have been trained on all aspects of the system and can complete tasks within the system. • Training materials and online learning center access have been delivered $5,000 $4,954.50 Go -live (Milestone 7) The system is pushed to the Upon TBD Production environment. completion of Acceptance $2,000 $0 Form G Total 519,818 $34582501Trx54lllvs55l The above fees do not include any travel, living or any other out -of- pocket expenses incurred by PerfectMIND in providing Professional Services. Customer will reimburse PerfectMlND for all 237 reasonable travel, living and other out -of- pocket expenses incurred by PerfectMIND's employees and permitted subcontractors in providing the Professional Services. All such expenses for which PerfectMIND seeks reimbursement will be supported by documentation in a form reasonably acceptable to Customer. 12 238 EXHIBIT C PerfectMIND Rates for Professional Services Optional Services Unit Price Description Importation of Data $ 150 /hr[Vc56][TE571 Upon termination of this Agreement, PerfectMind shall supply to Customer a basic export of the complete data in a format suitable for importation. Anything beyond will be charged at this rate.'[TE58]'[VS591 Professional. Services $150 /hr Services outside the agreed to Statement of Work that requires additional resourcing to accommodate Customer's requests (other than development /programming). Integration to third party $250 /hr Processing Integration with the software Customer's preferred payment processor. Training $150 /hr Any future additional training requested outside the Statement of Work. Development $250 /hr Services outside the agreed to Statement of Work that requires additional development (programming). The above fees do not include any travel, living or any other out -of- pocket expenses incurred by PerfectMIND in providing Professional Services. Customer will reimburse PerfectMIND for all reasonable travel, living and other out -of- pocket expenses incurred by PerfectMIND's employees and permitted subcontractors in providing the Professional Services. All such expenses for which PerfectMIND seeks reimbursement will be supported by documentation in a form reasonably acceptable to Customer. 13 239 EXHIBIT D Service Levels 1. Platform Uptime. The Platform will achieve a system uptime performance level of 99.9% during the Operation Hours on an annual basis inclusive of any downtime caused by the underlying telecommunication services provider. hn this Exhibit, "Operation Hours" means 6 am to midnight Pacific Time, seven days a week. PerfectMind will only be responsible for its Platform uptime performance levels and will not be responsible for any failure due to a failure of Customer's system(s) or a Force Majeure event as described in this Agreement, and such failures shall not be counted against PerfectMind's required system uptime performance levels. PerfectMind may, upon not less than seven (7) days' prior written notice to Customer, which may be email notification, cause the Platform to be unavailable for a period of time not to exceed 12 consecutive hours ( "Planned Maintenance "). Planned Maintenance will be performed during the Maintenance Window, and not more than once per week, unless any such Planned Maintenance is a result of urgent events outside of PerfectMind's direct control in which case PerfectMind will provide as much notice as is practicable. Planned Maintenance will apply against PerfectMind's required uptime performance level unless (i) it is conducted during the Maintenance Window; or (ii) it is as result of remedial work necessary to address a material defect with third party software such as Microsoft© operating system or SQL server. In this Exhibit D, "Maintenance Window" means between 12:01 am and 6:00 am Pacific Time on any day. 2. Technical Support. Following the reporting of a problem by Customer's technical support personnel either via phone call or email PerfectMind's technical support, PerfectMind will respond to the problem in accordance with the incident level and provide a fix to the problem all in accordance with the table set forth below: 24x7x365 Technical Support Description Response time Resolution Time Customer report an incident via phone, A live agent will 85% of the incidents are email, or chat immediately discuss the currently addressed on issue with Customer the first call The initial call requires escalation to The initial call will be 95% of the escalated Level II transferred to a Sr. live calls to level II are agent to further discuss addressed within the the incident with the first call customer The escalated call to Level H requires Level II agent will create Resolution tinwe will escalation to the Development team a case for the follow the SLA table development team to helow further investigate the incident 240 14 Service Level Agreement Incident Description Resolution Time Level Critical This incident level is attained when the following Within the same business conditions are met: day - Complete inability to use the Platform; or - A reoccurring temporary inability to use the Platform High This incident level is attained when the following Within 24 hours conditions are met: - A significant degradation of the significant features or functions available on the Platform - Recent modifications to the Platform cause some significant features or functions to operate inconsistently Low This incident level is attained when the following These issues will be conditions are met: reviewed and prioritized - A minor degradation of some significant according to the severity of features or functions; or a degradation of the issue. An accurate some secondary features or function occurs estimate will be provided to the customer within a week after the incident is reported 241 EXHIBIT E Platform Features and Functionalities PerfectMind's Platform will include the following features and funetionalities: • Built -In Reporting Engine A built -in reporting engine to help the customer to create reports. • Integrated Workflow Engine Generate workflows to streamline your team's processes and communications • Business App Store PerfectMind is adaptable through our community- driven App Store. • Open API Having access to an adaptable integration with external apps allows fluid interconnectivity and collaboration across platforms • Data Security, Auditing and Permissions The ability to control app -level access, user auditing, user time limits, specific IP access, as well as group- and role -based data permissions. Multi -Site Management & Reporting To allow client to manage multiple sites from one account. • 24/7 Customer Service PerfectMind provides 24x7 operation support using live agents /chat /email. Recreation Management Features: • Facility booking and Scheduling PerfectMind booking takes care of conflict and contract management, recurring bookings, equipment and rental inventory, capacity management and more. Your staff and your members can schedule events online or on -site. PerfectMind lets you manage facility dependencies, availability, and multiple rates. Customers can book using desktop, tablet or mobile devices on all popular web browsers. • Membership Management This allows you to manage families, multiple memberships, and related contacts. • Document Management You can create, save, print, upload and manage your documents for your organization in the cloud. Sign waivers, contracts, and other documents electronically with a digital signature and store them safely in the cloud. • Staff Management You can view all your staff schedules in one master calendar. PerfectMind provides your staff with the ability to make their own schedule and to adjust availability for vacations and time off. Manage staff wages, commissions, hours, availability and much more. Restrict access permissions for users and groups to improve security. • Activity Registration Online or on -site registration for all types of bookings including courses, private lessons, drop -in and flexible registrations to accommodate your needs. Intelligent conflict management gives you the flexibility to readily make changes to events. 16 242 • POS and Inventory Management To sell products, service or event online or on -site using cutting -edge features within inventory and sales management. Track purchase orders and inventory. • Attendance Tracking and Check -in Allow customers to scan or check themselves in at the front desk using a kiosk, or manually check -in with a staff member. Improve retention with live class statistics, and much more. Guest check -ins allow for quick processing to non- members or during busy periods. • Calendar Flexible, multi- functional calendar with drag- and -drop functionality to make changes and updates to events, activities and facility booking. You can also view multiple facilities, locations and courses. • Marketing A built -in, fully - functional email solution replaces the need for any additional email applications so you can streamline your marketing for programs, campaigns, and personalized operation emails. Increase signups and enrollments using loyalty and referral programs. You can also have access to simple and customizable landing pages and lead - capture forms. • Task Management To schedule automated and recurring tasks with alerts to stay up -to -date, organized and focused. Set reminders based on predefined or custom triggers • Reports PerfectMind's built -in reporting engine enables you to create, customize and run reports. Create and schedule custom financial, attendance, utilization, and marketing reports all from the same interface. View real -time analytics and historical data in tabular or graphical format. All reports can be exported for use in a third -party application. • Account management To keep track of your clients and contacts including organizations and families 17 243 244 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. 245 246 COUNCIL AGENDA SYNOPSIS nitials Meefingo Date Prepared by Ma v or, -1 review ew Council review 9 ,1114 — 12/12/16 BG, ITEMNO. Spec 2.B. 247 ISTAFT'SPONSOR: BOB GIBERSON � ORIGINAI, AGENDA DATE;: 12/12/16 AGENDA ITEM TITLE' Interurban Ave South Street Improvement Project Settlement and Mediation Support with Anchor QEA CAT GORY [-� Discussion Mtg Date Motion Mtg Date 12112116 ❑ Resolution Mtg Date F ❑-1 O rdinance Mt ,g Date ❑ Bid Mtg Date F� PublicHeariCATEGORY g Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PV SPONSOR'S Anchor QEA is currently the construction management consultant for the Interurban Ave S SUMMARY Street Improvement Project. As the construction timeline was extended with a potential claim from the contractor, Anchor will be needed for settlement and mediation discussions. Council is being asked to approve a settlement and mediation support services contract with Anchor QEA in the amount of $40,000.00. REVIEWED BY [:] cow Mtg. ❑ CA&P Cmte ❑ F&S Cmte Transportation Cmte F-1 Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/06/16 COMMITTEE CHAIR: DENNIS ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department Comm"IYEE Majority Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE Expi?NDITUiu,, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $40,000.00 $500,000.00 $0.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 16, 2017 CIP) Comments: Only 2017 Budget of $500,000 is listed above. MTG. DATE RECORD OF COUNCIL ACTION 12/12116 MTG. DATE ATTACHMENTS 12/12/16 Informational Memorandum dated 12/02/16 Anchor QEA Contract Minutes from the Transportation Committee meeting of 12/5/16 247 OT F.* City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director TO: Transportation Committee FROM: Bob Giberson, Public Works Director CC: Mayor Ekberg DATE: December 2, 2016 SUBJECT: Interurban Avenue South (S 143rd St to Fort Dent Way) Project No. 90310402 Contract for Settlement and Mediation Support Services with Anchor QEA ISSUE Execute a contract supplement with Anchor QEA (Anchor) in the amount of $40,000.00 to provide documentation and analysis support for ongoing settlement and mediation for Interurban Ave S. BACKGROUND Construction has been complete on Interurban Ave S from S 143rd St to Fort Dent Way since July 2016. Early change orders and multiple construction delays extended the construction contract time past the original required completion date. We still have not received a formal construction contract claim from the contractor. We have been responding to numerous letters and emails regarding additional time and compensation, but we have exhausted all construction management budget in this effort. We would like to proactively enter into settlement and mediation discussions with the construction contractor. DISCUSSION Anchor provided construction management services throughout the Interurban Ave S construction contact and has all the documentation for the project. Anchor has been asked to provide settlement and mediation support services and has provided the proposed contract scope and fee for a fee not to exceed $40,000. FINANCIAL IMPACT Funds have been budgeted in 2017 for the construction contract claim settlement. We are also expecting the Transportation Improvement Board to cover some of the contract overruns. RECOMMENDATION Council is being asked to approve a settlement and mediation support services contract with Anchor QEA in the amount of $40,000.00 for the Interurban Ave S Project and consider this item on the Consent Agenda at the December 12, 2016 Special meeting. Attachment: Anchor QEA Contract \ \pwstore\pw common$ \pw eng \projects \a - rw & rs projects \interurban ave s (90310402)Wo memo anchor settement & mediation 12.02 -16 gl.docx 249 250 City of Tukwiia Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 O CONSULTANT AGREEMENT FOR Settlement and Mediation Support Services THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Anchor QEA LLC, 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 settlement and mediation support services in connection with the project titled Interurban Avenue South construction, 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending March 31, 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 March 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 $40,000 (Forty thousand dollars) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment 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. 251 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 negligent 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 252 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:Vll. 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 3 253 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: Anchor QEA LLC 720 Olive Way, Suite 1900 Seattle, WA 98101 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 254 =1 DATED this day of 20 CITY OF TUKWILA CONSULTANT A 6�1 By: Allan Ekberg, Mayor Printed Name: Ed Berschinski Title: Principal Construction Manager Attest/Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised: 1-2013 Page 5 255 256 F-xKjlo;� A 720 Olive Way, Suite 1900 ANCHOR Seattle, Washington 98101 —� 206.28T91301 0 EA 4 November 29, 2016 Mr. Bob Giberson, PE Public Works Director, City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Re: City of Tukwila: Interurban Avenue South Improvements Settlement and Mediation Support Services As requested by the City of Tukwila, this letter represents a proposed scope of work for Anchor QEA LLC to provide settlement and mediation support services (as requested) to assist the City in its efforts to close out the construction contract for the above referenced project. Although the specific scope of work may vary, the general scope of services is expected to include but not necessarily limited to the following: • Review relevant project documents representing project schedule and costs • Review and evaluate Contractor requests for additional compensation and provide opinion of entitlement and quantum merit • Participate in strategy meetings with City, negotiation meetings with Contractor or other meetings with relevant parties • Draft proposed settlement offers for City review, revision and transmittal • Other related services as mutually agreed The services outlined above are anticipated to have a duration of approximately 4 months: November 1, 2016 thru March 31, 2017. This duration may be extended at the request of the City if extended negotiations or legal actions demand. The initial budget for these services is established to be $40,000.00 not to be exceeded without written authorization from the City. Rates for these services are provided on the attached Exhibit B. Thank you for consideration of this agreement. Sincerely, Ed Berschinski Principal Construction Manager Anchor QEA, LLC 160325 -01.01 City of Tukwila Settlement and Mediation Support Services 257 r- ,,, k -,| )l 6 Anchor �N�� ~. �/^�^'L.L.C. Y Professional Level Hourly Rates / Principal CY� at ............ ................................................. ....... -$235 Beokn ................................. $207 Managing Aiialyst/CM/Engineer/LA/.Planner/Scientist --------------------. $193 Senior.................. ................... ........................... $}7] Staff3 ........................... —..................... ............ $l5l Staff2 .......... ........................ ........ —.................. $l36 Staff bendm1 ..................................... ............................ $ll4 � Senior CAD ............................... .............................................. .......................... .... $ll9 CADDesigner ................ ....................................... .............. .................................................... $l00 Technician... ................................................................. — ......... ............................................. : ... $97 TechnicalEditor ...... ............. ............................................ ............................. ......................... $100 Special Houriv Rates Natiooaoxportcooxu\taot-----------.---------------------.—.,$385 All work 6vo testifying expert ................................ ....................... l.5times professional level rate EXPENSE BILLING RATES Expense Rates Computer Modeling (per hour) .................................................. ............................................ $10D0 Graphic Plots (varies with plot size) .......................................................................... ........... $3'0/sf FEE ON LABOR AND EXPENSE CHARGES ----------------------------^-----.l0% Travel and other direct costs ...................................................................................................... I0Y6 Fieldequipment & supplies ................................ ........ .......................................................... .... l0% / ow~ Construction Manager z LA Landscape Aoxmu s CAD =Computer Aided Design This isa company confidential duoomeoL TRANSPORTATION COMMITTEE City Council Transportation Committee Meeting Minutes December 5, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councitmembers: Dennis Robertson, Chair; De'Sean Quinn (Absent: Verna Seat) Staff: David Cline, Bob Giberson, Robin Tischmak, Gail Labanara, Laurel Humphrey Guest: Morgan Llewellyn, Llewellyn Real Estate CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m. I. PRESENTATIONS 11. BUSINESS AGENDA A. Contract: Interurban Avenue South (South 143 d Street to Fort Dent" Staff is seeking Council approval of a contract with Anchor QEA in the amount of $40,000 for settlement and mediation support services for the Interurban Avenue South Project. Anchor provided construction management support for the project. Funds have been budgeted in 2017 for the settlement and staff is expecting the Transportation Improvement Board to cover some of the contract overruns. MAJORITY APPROVAL. FORWARD TO DECEMBER 12, 2016 SPECIAL CONSENTAGENDA. B. Metro Transit Interurban Avenue Park and Ride Lot Staff provided an update on the request to pursue additional parking for Metro Transit riders on Interurban Avenue South. At its September 19 meeting, the Committee requested that staff investigate the possibility of providing parking at Foster Golf Links or at the auxiliary parking lot formerly used by Metro. In 2015 the City curtailed the use of non-recreational, parking at Foster Golf Links, as golfers and event attendees occasionally fill the entire tot. The auxiliary tot is still available for lease at the rate of $2,000 per month, but it would require a conditional use permit with associated application and improvement costs, potentially over $100,000. The Committee requested input from the City Attorney on the interpretation of the City's zoning code and asked for a determination of the lowest cost improvement threshold for the City's conditional use permit. Staff noted that King County Metro is expanding the park and ride program and will be releasing new information in early 2017. DISCUSSION ONLY. Ill. SCATBd 259 260 COUNCIL AGENDA SYNOPSIS ---------------------------------- Inilials Meefiq Dale Prepared by May gr s revieav Council review 12/12/16 LR ITEM INFORMATION ITEMNO, Spec 2.D. I 261 STAFF SPONSOR: LEON RICHARDSON I C)RI(,INAj, A(.,,j '.NDA DA1'1,,": AGENDA ITEM Trim Grant Funded Disposition Research Position CATJ-,,GORY E Dismssion Mt g Dale 12112116 Motion At g Date 12112116 ❑ Resolution MIS Date ❑ Ordinance Alg Date 2 ❑ BidAxard At g Date ❑ Public Hearing At g Date 1:1 Other ltg Dale SPONSOR ❑ Council ❑ Mayor E:].I-IR ❑ DCD E]Finance [:]Fire ❑ TS [:],P&R E Police ❑ Pw/ SPONSOR'S The Tukwila Police Department applied for a grant to have dedicated staff to do research SUMMARY and help improve our criminal history results. We are one of several sub grantees to awarded the grant. The grant is being managed by WSP and requires a 10% match in the amount of $5,647. The total grant amount is $56,475 of which $50,827.50 is reimbursable. REN'11?WFID 13Y ❑ cow Mtg. ❑ CA&P Cmte F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/6/12 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SI)ONSOR/Ai)MIN. Department of Community Development Comm"I"T"J" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPHNI)YFURE Ri,"QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED $50,827.50 (Grant funds) $ $5,647 Fund Source: Comments: This is grant funded (reimbursement) with a 10% match of 5,647.50. MTG. DATE RECORD OF COUNCIL ACTION 12/12/16 MTG. DATE ATTACHMENTS 12/12/16 Informational Memo dated 11/30/16 Contract with WSP (Interagency Agreement) WSP Annual compliance Report 2016 WSP Annual compliance report 2015 (extract) Minutes from the Finance and Safety Committee meeting of 12/6/16 261 262 Pq of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Safety FROM: Mike Villa, Chief of Police BY: Leon Richardson, Senior Manager CC: Mayor Ekberg DATE: 30 November 2016 SUBJECT: Disposition Research Specialist (Grant funded position) ISSUE There are multiple records that need to be updated due to processing errors which are resulting in Criminal History not reflecting accurately for some people. BACKGROUND Tukwila began using a new correctional facility, SCORE in 2011. The SCORE facility is having issues placing the Tukwila case number in their system when booking people. This causes criminal history checks to not always show complete information. We have identified a significant amount of records that need to be researched and corrected. ANALYSIS To continue with the current incoming workload and to maintain the current level of service to the community and other agencies the Tukwila Police Records Unit needs to add one temporary FTE who will be assigned to research and correct SCORE booking information. FINANCIAL IMPACT The Tukwila Police Department was awarded a grant in the amount of $56,475 with a 10% match of $5,647. Federal Reimbursement (90%) $50,827.50. This reimbursement is at the discretion of the agency in that it can be Monthly, Quarterly or one lump sum at the end of the FY. RECOMMENDATION Please forward to the consent agenda on 12 December 2016, and approve 1 temporary FTE for 2017. ATTACHMENTS Washington State Patrol Interagency agreement Washington State Patrol Annual Compliance Report (march 2016) Washington State Patrol Annual Compliance Report (march 2015) 263 264 APPROVED AS TO FORM BY THE UFAC E OF THE A 1 1 UNINLY Ur-INIMMAL I U WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 Page 1 of 9 265 WSP Contract No. WASHINGTON STATE PATROL K1 2324 INTERAGENCY AGREEMENT CFDA No. National Criminal History Improvement Program (NCHIP) Grant Fiscal Year 2016 16.554 - National Criminal History Improvement I Program (NCHIP) This Agreement is between the State of Washington, Washington State Patrol and the Public Agency identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. PUBLIC AGENCY NAME Statewide Vendor Registration Number CITY OF TUKWILA POLICE DEPARTMENT i SWV001 8023-05 Public Agency Location Address Public Agency Mailing Address (if different from location address) 6200 Southcenter Blvd, Tukwila, WA 98188 Public Agency Contact Name Public Agency Data Universal Numbering System (DUNS) unique identifier Mr. Leon Richardson, Records Manager Public Agency Contact Telephone Public Agency Contact E-mail Address 206-431-1808 I.richardson@tukwilaWA.gov WSP Contact Information WSP Project Manager Name and Title WSP Project Manager Address WSP Criminal Records Division Ms. Deborah Collinsworth 3000 Pacific Avenue, SE Ste 204 Olympia, WA 98504-2633 Telephone Fax E-mail Address 1 360 534-2102 () 1 360) 534-2070 ( Deborah .Collinsworth @wsp.wa.gov WSP Administrative Contact Name and Title WSP Administrative Contact Address Mr. Simon Tee WSP Budget and Fiscal Services Grants and Contracts Manaqer PO Box 42602, 01 m is WA 98504-2602 Telephone Fax mail Address (360) 596-4052 (360) 596-4078 Simon.Tee@wsp.wa. oy g� Federal Assistance Information Is the Public Agency a subrecipient of federal assistance for the purposes of Federal Grant Award Number this agreement? Yes [:]No 2016-RU-BX-KO25 Federal Agency Federal Grant Award Date US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics August 26, 2016 Is this agreement funded by a federal award for research and development? Federal Award to WSP ❑ Yes No $569,1999 Agreement Start Date Agreement End Date Maximum Agreement Amount October 1, W016 September 30, 2017 $56,475 (includes 10% Match) This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC AGENCY: WSP Signature Date Public Agency Signature Date Printed Name and Title Printed Name and Title John R. Batiste, Chief APPROVED AS TO FORM BY THE UFAC E OF THE A 1 1 UNINLY Ur-INIMMAL I U WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 Page 1 of 9 265 WSP INTERAGENCY AGREEMENT (Continued) 1- 0wfnbk»nm "Agreement" means this Interagency Agreement, including all documents attached or incorporated byreference. "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals the lesser of (a) the capitalization level established by the governmental unit for financial statement purposes, or (b) $5,000. "BJS" means the Bureau of Justice Statistics of the Office of Justice Programs (OJP), U.S. Department ofJustice (OOJ), the grantor nf National Criminal History Improvement Program (NCH|P) Grant funds. "Public Agency" means the entity performing services to this Agreement and includes the Public Agency's offioero, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Public Agency shall not be considered an employee or agent ofVVSP. ^VVSP''means the State of Washington, Washington State Patrol, and its officers, directors, trustees, employees and/or agents. 2. Statement mfWork. The Public Agency shall perform the services eo set forth in Exhibit A. Statement of Work, which ie attached hereto and incorporated herein. 3. Special Terms and Conditions. |n addition to the terms contained in this Agreement, the Public Agency shall comply with the terms and conditions contained in Exhibit B, Special Terms and Conditions, which in attached hereto and incorporated herein. 4' Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum Agreement Amount specified on Page 1 of this Agreement, minus any matching requirements held by the Public Agency ae specified in this Agreement. 5- Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of Work, for work performed to the satisfaction of the VVSP Project Manager. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted not more often than monthly to the VVSP Project Manager. The invoice must include the following: a. description of the work performed b. activities accomplished o. progress of the project d. fees and expenses L match amount ao well es amount requested for reimbursement g. for equipment purchases, a copy of the Public Agency's property record which includes the tag number that io assigned to the equipment h. for salary and benefits reimbursement, summary report of hours and costs of salaries and benefits by employees assigned to the project i. reference toVVGP'o agreement number. The Public Agency shall submit the final invoice not later than forty-five (45) calendar days from the Agreement End Date. 6. Agreement Alterations and Amendments. W8Pand the Public Agency may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized ho bind VVSP and the Public Agency. VVSP Interagency Agreement —NCH|PGubreoipient Page 2ofA 11/20/15 WSP INTERAGENCY AGREEMENT (Continued) 7. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express written consent of the other party. 8. Certification regarding Debarment, Suspension or Ineligibility. If federal funds are the basis for this Agreement, the Public Agency certifies that neither the Public Agency nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. If requested by WSP, the Public Agency shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Public Agency for this Agreement shall be incorporated into this Agreement by reference. Further, the Public Agency agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non - procurement Programs" which can be found at www.sam.gov. 9. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 10. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding to all parties to this Agreement. 11. Federal Funding Accountability and Transparency Act. In order to comply with the Federal Funding Accountability and Transparency Act, the Public Agency shall provide to WSP the following information: a. The Public Agency's Data Universal Numbering System (DUNS) unique identifier; b. The names and total compensation of the five most highly compensated officers of the Public Agency if the Public Agency in the preceding fiscal year received (i) 80 percent or more of its annual gross revenues in Federal awards; and (ii) $25,000,000 or more in annual gross revenues from Federal awards; and (iii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; and c. Other relevant information specified by the U.S. Office of Management and Budget in subsequent guidance or regulation. 12. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP harmless for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the acts or omissions of WSP and its subcontractors. 13. Independent Capacity. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 14. Inspection; Maintenance of Records. During the term of this Agreement and for one year following termination or expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency's place of business and records to WSP and any other employee or agent of the State of Washington or the United States of America for the purpose of inspecting the Public Agency's place of business and its records, and monitoring, auditing and evaluating WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 Page 3 of 9 267 WSP INTERAGENCY AGREEMENT (Continued) the Public Agency's performance and compliance with applicable laws, regulations, rules and this Agreement. During the term of this Agreement and for six years following termination or expiration of this Agreement, the Public Agency shall maintain records sufficient to document (i) performance of all acts required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public Agency's statement of its organization's structure, tax status, capabilities and performance; and (iii) demonstrate accounting procedures, practices and records which sufficiently and properly document the Public Agency's invoices to WSP and all expenditures made by the Public Agency to perform as required by this Agreement. 15. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule the inconsistency shall be resolved by giving precedence in the following order to: Applicable federal and state law, regulations and rules; This Agreement; Exhibit A, Statement of Work; Exhibit B, Special Terms and Conditions Any other provision of this Agreement; and Any document incorporated by reference. 16. Personnel. WSP officers performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee, and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. 17. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate this Agreement by providing written notice to the Public Agency. This termination shall be effective on the date specified in the notice of termination. 18. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 19. Single Audit Act Compliance. If the Public Agency is a subrecipient and expends $750,000 or more in federal awards from any and /or all sources in any fiscal year, the Public Agency shall procure and pay for a single audit or a program- specific audit for that fiscal year. Upon completion of each audit, the Public Agency shall: (1) Submit to the WSP contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program- specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow -up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs.. 20. Statewide Payee Registration. The Public Agency is required to be registered as a Statewide Payee prior to submitting a request for payment under this Agreement. The Washington State Department of Enterprise Services (DES) maintains the Statewide Payee Registration System to obtain registration materials go to: http : / /www des wa gov/ services/ ContractingPurchasinq /BusinessNendorPay /Pages /default.aspx. WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 •: Page 4 of 9 WSP INTERAGENCY AGREEMENT (Continued) 21. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may subcontract for any of the services provided under this Agreement with the prior, written approval of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor. 22. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination 23. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 Page 5 of 9 •• Exhibit A STATEMENT OF WORK Introduction. The purpose of this Agreement is to provide National Criminal History Improvement Program (NCHIP) grant funds for Fiscal Year 2016 to the Public Agency in order to increase the number of fingerprint submissions sent to and received by the state repository. Any work, personnel, and /or equipment funded must be for the authorized purposes of the grant in accordance with Federal statutes, regulations and the terms and conditions stated in the U.S. Department of Justice announcement OMB No. 1121 -0329 and the grant award. Federal funds under this award will be used to supplement but not supplant local government funds. This subaward is not for Research and Development (R &D) purpose. Scope of Work. The Public Agency shall employ one temporary employee to research and correct SCORE booking information which will increase disposition compliance with WSP and FBI. 3. Project Budget. WSP shall reimburse the Public Agency according to the following budget, a summary of the budget proposed in the Public Agency application: Category Cost Personnel $29,120.00 Fringe Benefits $27,355.00 Total Direct Costs $56,475.00 Federal Reimbursement (90 %) $50,827.50 Local Match (10 %) $5,647.50 Indirect may be charged for total direct costs. As a local government, the Public Agency is required to prepare and retain its indirect cost proposal on file for review. If applicable, Public Agency shall use the approved federally recognized indirect cost rate negotiated between the Public Agency and the Federal Government or, if no such rate exists, either a rate negotiated between the WSP and the Public Agency, or a de minimis indirect cost rate as defined in §200.414 Indirect (F &A) costs, paragraph (f). Matching funds are restricted to the same use of funds as allowed for the Federal funds and are subject to audit. The Public Agency must maintain records which clearly show the source, amount, and timing for all matched contributions. Local funds committed as match can only be so for one federal grant. Expenditures may only occur within the categories listed above. However, changes of up to 10% can be made without prior approval from WSP. Changes that exceed 10% will require the Public Agency to submit a budget change request to WSP for approval. 4. Equipment Management. a. Title to Equipment. Upon successful completion of the terms of this Agreement, all equipment purchased by the Public Agency with Agreement funds will be owned by the Public Agency, or a recognized subrecipient for which a contract, subgrant agreement, or other means of legal transfer or ownership is in place. b. Use of Equipment. The Public Agency, or a recognized subrecipient, shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of the equipment, including all questions of liability. WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 270 Page 6 of 9 c. Equipment Records. The Public Agency shall maintain Equipment records that include: a description of the Equipment; the manufacturer's serial number, model number, or other identification number, including the tag number; the source of the Equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the Equipment and the percentage of federal participation in the cost; the location, use and condition of the Equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the Equipment. Equipment records shall be retained by the Public Agency for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Public Agency until all litigations, claims, or audit findings involving the records have been resolved. A copy of the Public Agency's record showing the above information of the purchased equipment is required when requesting reimbursement for the equipment. d. Inventories. The Public Agency shall take a physical inventory of the Equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Public Agency to determine the cause of the difference. The Public Agency shall, in connection with the inventory, verify the existence, current utilization, and continued need for the Equipment. The Public Agency shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. The Public Agency will develop adequate maintenance procedures to keep the property in good condition. e. Disposition of Equipment. If the Public Agency is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal agency, disposition of the equipment will be made as follows: • Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Public Agency with no further obligation to the awarding agency. • Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Public Agency shall compensate the U.S. Department of Justice for its share. 5. Progress Reports. a. Semi - Annual Reports. The Public Agency shall submit to the WSP Project Manager semi- annual progress reports within 20 calendar days after the end of the reporting periods, which are June 30 and December 31, for the life of this Agreement. b. Final and Closeout Report. The Public Agency shall submit a final report to the WSP Project Manager at the end of this Agreement documenting all relevant project activities during the entire period of support under this Agreement. This report will include a summary and assessment of the program carried out with this Agreement, including but not limited to, information about how the funds were actually used, how match was met and documented, data to support statements of progress, and data concerning individual results and outcomes of funded projects reflecting project successes and impacts. The final report is due no later than 30 days following the close of the Agreement. WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 Page 7 of 9 271 Exhibit B SPECIAL TERMS AND CONDITIONS 1. Financial Guide. The Public Agency agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. Equal Employment Opportunity Plan. The Public Agency acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if Public Agency is required to submit one pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights, U.S. Department of Justice, may result in suspension or termination of funding, until such time as the Public Agency is in compliance. 3. Lobbying. The Public Agency understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government. 4. Federal False Claims Act. The Public Agency must promptly notify WSP of any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for Agreement funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Agreement funds. 5. Performance Measures. The Public Agency agrees to provide performance related data, as outlined in the program announcement to be used to measure the results of the project. 6. Withholding Funds. The Public Agency understands and agrees that funds may be withheld (including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. 7. Consultant Rates. Approval of this Agreement does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by WSP prior to obligation or expenditure of such funds. 8. Environmental Laws and Regulations. The Public Agency agrees to comply with all federal, state, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this Agreement. 9. Text Messaging While Driving. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), NIJ encourages recipients and sub recipients of Agreement funds to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this Agreement, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 10. SUBRECIPIENTS. A. General. If the Public Agency is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Public Agency shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal. Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass- through entity; WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 272 Page 8 of 9 (2) Maintain internal controls that provide reasonable assurance that the Public Agency is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Public Agency and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non - Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oip.usdoi.aov /ocr/ for additional information and access to the aforementioned Federal laws and regulations.) B. Overpayments. If it is determined by WSP, or during the course of a required audit, that the Public Agency has been paid unallowable costs under this or any Program Agreement, WSP may require the Public Agency to reimburse WSP in accordance with 2 CFR Part 200. 11. The indirect cost rate for the Federal award (Award No. 2016- RU- BX -K025) through which this subaward is issued is 29.90 %. WSP Interagency Agreement — NCHIP Subrecipient 11/20/15 Page 9 of 9 273 274 WASHINGTON STATE Annual Compliance Report Disposition Reporting March 1, 2016 Annual report of disposition reporting compliance of prosecuting attorneys, municipal, district, and superior courts and originating agencies as required by RCW 10-98-100 275 P a g e I1 Introduction This report is intended for prosecuting attorneys; superior, district, and municipal courts; and originating law enforcement agencies. Purpose The annual disposition reporting compliance report can be used as a tool to evaluate the effectiveness of procedures for compiling criminal history record information (CHRI) from various sources. Contributing agencies will be able to assess their disposition reporting efficiencies and identify where improvements may be necessary to improve disposition reporting compliance. Background Established during the 1972 Legislative Session, the Identification and Criminal History Section (Section) is the central repository for statewide CHRI. The CHRI is based on arrest fingerprint card submissions from sheriffs' offices, police departments, and adult correctional and juvenile detention facilities. The state of Washington is a "single- source" contributor to the Federal Bureau of Investigation (FBI) for all criminal and applicant fingerprint cards (except those submitted for federal purposes). Final disposition reports, court orders of expungement, vacation, or sealing, and deceased notices must be sent to the Section for forwarding to the FBI. All records contained within the Section's files are based upon positive fingerprint identification. 276 P a g e 12 CHRI is used for many purposes including criminal justice investigations, public and private employment background checks, licensing background checks, proper sentencing of convicted felons, and presentence and post-sentence evaluations. Certified criminal justice agencies (CCJA) receive both conviction and nonconviction CHRI. According to Washington State law, conviction records may be disseminated without restriction. Per Revised Code of Washington (RCW)10.97.030(3), a conviction record includes CHRI relating to an incident which has led to a conviction or other disposition adverse to the subject. Although the Section continues to provide Washington State conviction CHRI through the mail, a request for criminal history is available on the internet using the Washington Access to Criminal History (WATCH) application. WATCH allows citizens, private employers, and public agencies to request, view, and print criminal history instantly. WATCH-Criminal Justice (WATCH- CJ) is available online for certified criminal justice agencies. A fingerprint search is the most thorough search, as it will identify individuals who have been arrested or convicted and who may be using alias identifiers. Disposition Reporting State statute (RCW 10.98.090) requires that in the case of superior court or felony disposition, the county clerk or prosecuting attorney promptly submit the completed disposition information to the Section. In a county where the judicial information system (JIS) or other secure method of electronic transfer of information has been implemented between the court and the Section, the county clerk will provide the disposition information electronically to the Section. 277 P a g e In the case of a lower court disposition, the district or municipal court administrator must either promptly submit the completed disposition form, or in a county where the JIS or other secure method of electronic transfer of information has been implemented between the court and the Section, electronically provide the disposition information to the Section. For any arrest charge that results in a case not being filed, the law enforcement agency (LEA) or prosecutor that determines that no charges are to be filed shall submit a completed disposition report form to the Section indicating "No Charges Filed." For all other dispositions, the originating law enforcement agency must submit the completed disposition form to the Section. When a disposition report form has been forwarded to a prosecutor or court in error, or if the case receives a change of venue, the receiving agency must forward the disposition form to the appropriate entity. If the offense charged at arrest is a felony, but it is reduced to a gross misdemeanor and will be heard in a court of lower jurisdiction, the prosecutor or superior court must forward the disposition report form to the appropriate court of limited jurisdiction. Between the years 1996 and 2002, the Process Control Number (PCN) project was implemented statewide. The PCN is a tracking number generated at the time of fingerprinting. The PCN is initially generated by a live scan fingerprinting system or fingerprint card PCN packets provided by the Section. Each packet contains fingerprint cards and a disposition sheet form all stamped with the same PCN. 278 P a g e 14 The PCN should be used for all reportable arrests, administrative bookings, and commitments. The PCN is part of our state's ongoing effort to improve disposition reporting to the Section. The PCN links disposition information in the court systems to arrest data in the Section's Washington State Identification System (WASIS) criminal history database. PCN guidelines were updated in 2013 and are included as part of this report. Dispositions entered by court staff into the court system are submitted electronically to WASIS. Dispositions that are unable to update WASIS without human intervention ("lights out") are routed to an incident queue where they are processed by Section employees. Following the arrest event, the fingerprints and related arrest data (including PCN) are submitted to the Section and the disposition form (including PCN) is forwarded to the appropriate court for entry into the Administrative Office of the Courts (AOC) systems: Superior Court Information Management System (SCOMIS) and Judicial Information System (JIS). After the court enters the PCN to the corresponding court case and there is a case resolution, an electronic disposition transfer report (EDTR) is sent to the Section. This electronic transfer of information expedites disposition information and eliminates the need for court staff to mail a disposition report to the Section, with the exception where no court action is taken (no charges filed, not filed, etc.). When the Prosecuting Attorney's office declines to file charges, the Prosecuting Attorney's office is responsible for submitting that information to the Section. 279 Currently about 5% of electronically submitted dispositions update WASIS without human intervention, referred to as "lights out". Section staff is able to process approximately 85% electronically in the Criminal History Incident Processing Queue (CHIPS) with minimal manual intervention. Washington State/NCIC Record of Arrest and Prosecution (RAP) Sheet The RAPsheet is an accumulation of the retainable fingerprint cards and dispositions received by the Section. This information received is from law enforcement agencies and courts. The information includes: criminal arrest cards, criminal justice applicants and contract employees, missing persons information, personal identification, sexlkidnapping offender registrations, and Department of Corrections incarcerations and supervisions. A "conviction record" is a criminal history record relating to an incident which has led to a conviction or other disposition adverse to the subject. A conviction RAPsheet is disseminated without restriction based on RCW 10-97.050(1) and 43.43.830-845. "Nonconviction data" is a criminal history record relating to an incident which has not led to a conviction or other disposition adverse to the subject, and for which proceedings are no longer actively pending. A nonconviction RAPsheet is disseminated to criminal justice agencies only based on RCW 10.97.050. Statutory Requirements: RCW 10.98.100 requires the Washington State Patrol: W81 P a g e 16 • Administer a compliance audit at least once annually for each prosecuting attorney, district and municipal court, and originating agency to ensure that all disposition reports have been received and added to the criminal history record information. • Furnish a list of outstanding disposition reports to the agencies. The results of compliance audits shall be published annually and distributed to legislative committees dealing with criminal justice issues, the office of financial management, and criminal justice agencies and associations. Report of Compliance: This report summarizes and compares previously reported arrests with dispositions received to determine the compliance rate with submitting dispositions as mandated by state statute. The "Total Arrest Charges Reported" column includes those fingerprint based arrest events submitted by each agency. The "Total Open Charges" column indicates the number of arrest charges for which a final disposition has not been reported. The "Percentage in Compliance" indicates the percentage of arrest charges for each contributing agency which do have a final disposition on file. The goal is 100% compliance. The arrest charges included in this fifth annual compliance audit report were all originated by the arresting agency or the prosecutor from arrest events that occurred between January 1, 2014 and December 31, 2014. The report includes the disposition data reported as of February 11, 2016. While these charges have had more than a year to process through the courts, it is possible some charges are not yet disposed. 281 RCW 10.97.050 RCW 10.98.090 RCW 10.98.100 RCW 43.43.540 RCW 43.43.700 RCW 43.43.735 RCW 43.43.740 RCW 43.43.760 RCW 43.43.770 RCW 43.43.815 RCW 43.43.830-45 MMA P a g e 1 2016 Washington State Patrol Annual Disposition Reporting Compliance Report For Arrests Occurring 01/01/2014 through 12/31/2014 Page 3 283 Total Arrest Originating Charges Total Open Percent In Originating Agency Name Agency ORI Reported Charges Compliance GRAYS HARBOR COUNTY SHERIFF OFFICE WA0140000 1465 146 90.03% ABERDEEN POLICE DEPARTMENT WA0140100 1589 256 83.89% ELMA POLICE DEPARTMENT WA0140200 393 67 82.95% HOQUTAM POLICE DEPARTMENT WA0140300 326 139 57.36% GRAYS HARBOR COUNTY JUVENILE COURT WA014035J 15 3 80.00% MCCLEARY POLICE DEPARTMENT WA0140400 35 8 77.14% MONTESANO POLICE DEPARTMENT WA0140500 124 18 85.48% COSMOPOLIS POLICE DEPARTMENT WA0140600 28 5 82.14% OAKVILLE POLICE DEPARTMENT WA0140700 3 0 100.00% OCEAN SHORES POLICE DEPARTMENT WA0140800 147 40 72.79% WESTPORT POLICE DEPARTMENT WA0140900 142 23 83.80% ISLAND COUNTY ISLAND COUNTY SHERIFFS OFFICE WA0150000 776 186 76.03% OAK HARBOR POLICE DEPARTMENT WA0150100 1002 401 59.98% COUPEVILLE TOWN MARSHALS OFFICE WA0150200 19 7 63.16% ISLAND COUNTY SUPERIOR COURT WA015025J 23 8 65.22% LANGLEY POLICE DEPARTMENT WA0150300 16 7 56.25% ISLAND COUNTY JUVENILE DETENTION WA015035J 103 78 24.27% ;JEFFERSON 'CQUNTY ' JEFFERSON COUNTY SHERIFF WA0160000 705 150 78.72% PORT TOWNSEND POLICE DEPARTMENT WA0160100 215 38 82.33% KING COUNTY KING COUNTY SHERIFFS OFFICE WA0170000 15 7 53.33% AUBURN POLICE DEPARTMENT WA0170100 5781 632 89.07% BELLEVUE POLICE DEPARTMENT WA0170200 2569 283 88.98% SOUTH CORRECTIONAL: ENTITY` WA017021C 4325, 133 9E%92 BOTHELL POLICE DEPARTMENT WA0170300 1485 306 79.39% ENUMCLAW POLICE DEPARTMENT WA0170400 474 158 66.67% ISSAQUAH POLICE DEPARTMENT WA0170600 1039 329 68.33% KENT POLICE DEPARTMENT WA0170700 8221 749 90.89% KIRKLAND POLICE DEPARTMENT WA0170800 3273 983 69.97% MERCER ISLAND POLICE DEPARTMENT WA0170900 238 115 51.68% NORMANDY PARK POLICE DEPARTMENT WA0171000 164 23 85.98% NORTH BEND POLICE DEPARTMENT WA0171100 328 79 75.91% REDMOND POLICE DEPARTMENT WA0171200 1763 496 71.87% RENTON POLICE DEPARTMENT WA0171300 3754 266 92.91% ALGONA POLICE DEPARTMENT WA0171400 133 23 82.71% BLACK DIAMOND POLICE DEPARTMENT WA0171500 104 36 65.38% CARNATION POLICE DEPARTMENT WA0171600 27 3 88.89% Page 3 283 2016 Washington State Patrol Annual Disposition Reporting Compliance Report For Arrests Occurring 01y01/2014 through 12/31/2014 Total Arrest Originating Charges Total Open Percent|m Originating Agency Name Agency O0| Rapn,fe6 Charges Compliance DES MOINES POLICE DEPARTMENT VVA0171700 1185 131 88.95Y6 OUVALL POLICE DEPARTMENT VVA0171800 176 OU 54.55% W1ED|NA POLICE DEPARTMENT VVA0172000 46 10 78.28% PACIFIC POLICE DEPARTMENT VVA0172100 332 63 81.02Y6 SNOQUALK8|E POLICE DEPARTMENT VVA0172200 423 143 66.19% ���� � � Z�� � �� ��1 k � � �1 UNIVERSITY OF WASHINGTON POLICE VVA0172400 154 65 64.2996 CLYDE HILL POLICE DEPARTMENT VVA0172500 41 12 70J3Y6 LAKE FOREST PARK POLICE DEPARTMENT VVA0172600 321 75 76.64% SKYKOK4|SH POLICE DEPARTMENT VVA0172700 1 8 100.0096 HUNTS POINT POLICE DEPARTMENT VVA0173000 1 1 0.00V6 YARROW POINT POLICE DEPARTMENT VVA0173100 Z l 50.00% PORT OF SEATTLE POLICE DEPARTMENT VVA0173200 440 120 72.73% FEDERAL WAY POLICE DEPARTMENT VVA0173600 4345 718 83.4896 SEATAC POLICE DEPARTMENT VVA0173700 1491 139 90.68% VVOOD|NV|LLE POLICE DEPARTMENT VVA0174000 233 64 72.53% BUR|EN POLICE DEPARTMENT VVA0174100 1860 353 81.02% NEWCASTLE POLICE DEPARTMENT VVA0174200 54 12 77.7896 SHORELINE POLICE DEPARTMENT VVA0174300 1841 346 81.21% EAST0DE NARCOTICS TASK FORCE VVA0174500 6 O 100.00% MAPLE VALLEY POLICE DEPARTMENT VVA0174700 10I 17 83.3396 CUV|NGTON POLICE DEPARTMENT VVA0174800 571 178 68.8396 KENMORE POLICE DEPARTMENT VVA0174900 479 128 73.2896 3AMMAM|SH POLICE DEPARTMENT VVA0175000 232 102 56.03% KING COUNTY SHERIFFS OFFICE VVAKCS00UO 12974 1461 88.74% SEATTLE POLICE DEPARTMENT VVASPD000O 19537 7053 63.90% SEATTLE POLICE DEPARTMENT VVASPDO001 1 O 100.00% KITSAPCOUNTY KITSAP COUNTY SHERIFF WA0180000 4993 688 86.22% BREK8ERTUNPC)L|CEDEPARTy�ENT VVA01UO1O0 239S Z79 . A835�� K|T3AP COUNTY JUVENILE [OURT VVAD1DO��] 266 � 9Q.8796 PORT ORCHARD POUCEDEPARTK8ENT VVAO1804OO 1196 l�3 D72U�� . POULSBU POLICE DEPARTMENT VVA0180500 279 41 85.3096 BA|N8R|DGE ISLAND POLICE DEPARTMENT VVA0180700 167 45 73.05Y6 KITTitAS COUNTY KITTITAS COUNTY SHERIFF OFFICE WA0190000 846 133 84.28% ELLENSBURG POLICE DEPARTMENT VVA0180100 992 85 91.43% [LEELUM POLICE DEPARTMENT VVA0190200 150 27 82.00% K|TT|TA5 COUNTY JUVENILE COURT VVA019025J 53 17 67.31% ROSLYNPPOL|CEDEPARTMENT VVA0190400 2 0 100.00Y6 Page 4 Kim, � , t t � t , Annual Compliance Reporl Disposition Reporting March 1, 2015 Annual report of disposition reporting compliance of prosecuting attorneys, municipal, district, and superior courts and originating agencies as required by RCW 10.98.100 285 2015 Washington State Patrol Annual Disposition Reporting Compliance Report For Arrests Occurring 01/01/2013 through 12/31/2013 K3 :• Total Arrest Originating Charges Total Open Percent In Originating Agency Name Agency ORI Reported Charges Compliance WARDEN POLICE DEPARTMENT WA01311001 76 14 81.58% d GRAYS HARBOR COUNTY SHERIFF OFFICE WA0140000 1534 183 88.07% ABERDEEN POLICE DEPARTMENT WA0140100 1493 286 80.84% ELMA POLICE DEPARTMENT WA0140200 287 73 74.56% HOQUTAM POLICE DEPARTMENT WA0140300 333 88 73.57% GRAYS HARBOR COUNTY JUVENILE COURT WA014035J 18 1 94.44% MCCLEARY POLICE DEPARTMENT WA0140400 61 20 67.21% MONTESANO POLICE DEPARTMENT WA0140500 146 40 72.60% COSMOPOLIS POLICE DEPARTMENT WA0140600 39 5 87.18% OCEAN SHORES POLICE DEPARTMENT WA0140800 174 53 69.54% WESTPORT POLICE DEPARTMENT WA0140900 86 11 87.21% L %r 1; / 1���y 11111, ISLAND COUNTY SHERIFFS OFFICE WA0150000 710 173 75.63% OAK HARBOR POLICE DEPARTMENT WA0150100 1355 580 57.20% COUPEVILLE TOWN MARSHALS OFFICE WA0150200 27 12 55.56% LANGLEY POLICE DEPARTMENT WA0150300 21 5 76.19% ISLAND COUNTY JUVENILE DETENTION WA015035J 101 92 8.91% /i, N�� JEFFERSON COUNTY SHERIFF WA0160000 552 100 81.88% PORT TOWNSEND POLICE DEPARTMENT WA0160100 127 16 87.40% SEEN doll 1 1 1 , / ; KING COUNTY SHERIFFS OFFICE WA0170000 8 1 87.50% AUBURN POLICE DEPARTMENT WA0170100 5199 454 91.27% BELLEVUE POLICE DEPARTMENT WA0170200 2404 1066 55.66% SOUTH CORRECTIONAL ENTITY WA017021C 2115 1961 7.28% BOTHELL POLICE DEPARTMENT WA0170300 1342 401 70.12% ENUMCLAW POLICE DEPARTMENT WA0170400 366 229 37.43% HOUGHTON POLICE DEPARTMENT WA0170500 1 0 100.00% ISSAQUAH POLICE DEPARTMENT WA0170600 646 319 50.62% KENT POLICE DEPARTMENT WA0170700 8299 901 89.14% KIRKLAND POLICE DEPARTMENT WA0170800 3714 1178 68.28% MERCER ISLAND POLICE DEPARTMENT WA0170900 169 103 39.05% NORMANDY PARK POLICE DEPARTMENT WA0171000 172 83 51.74% NORTH BEND POLICE DEPARTMENT WA0171100 128 42 67.19% REDMOND POLICE DEPARTMENT WA0171200 1416 475 66.45% RENTON POLICE DEPARTMENT WA0171300 3869 314 91.88% ALGONA POLICE DEPARTMENT WA0171400 188 30 84.04% BLACK DIAMOND POLICE DEPARTMENT WA0171500 85 43 49.41% K3 :• 2015 Washington State Patrol Annual Disposition Reporting Compliance Report For Arrests Occurring 01/01/2013 through 12/31/2013 4 287 Total Arrest Originating Charges Total Open Percent In Originating Agency Name Agency ORI Reported Charges Compliance CARNATION POLICE DEPARTMENT WA0171600 49 24 51.02% DES MOINES POLICE DEPARTMENT WA0171700 1074 117 89.11% DUVALL POLICE DEPARTMENT WA0171800 211 103 51.18% MEDINA POLICE DEPARTMENT WA0172000 53 19 64.15% PACIFIC POLICE DEPARTMENT WA0172100 389 101 74.04% SNOQUALMIE POLICE DEPARTMENT WA0172200 295 158 46.44% TUKWILA POLICE DEPARTMENT WA0172300 2580 1367 47.02% UNIVERSITY OF WASHINGTON POLICE WA0172400 142 59 58.45% CLYDE HILL POLICE DEPARTMENT WA0172500 50 16 68.00% LAKE FOREST PARK POLICE DEPARTMENT WA0172600 410 147 64.15% SKYKOMISH POLICE DEPARTMENT WA0172700 1 1 0.00% HUNTS POINT POLICE DEPARTMENT WA0173000 5 3 40.00% PORT OF SEATTLE POLICE DEPARTMENT WA0173200 419 128 69.45% FEDERAL WAY POLICE DEPARTMENT WA0173600 3943 862 78.14% SEATAC POLICE DEPARTMENT WA0173700 1623 1041 35.86% WOODINVILLE POLICE DEPARTMENT WA0174000 235 122 48.09% BURIEN POLICE DEPARTMENT WA0174100 1933 357 81.53% NEWCASTLE POLICE DEPARTMENT WA0174200 34 6 82.35% SHORELINE POLICE DEPARTMENT WA0174300 1660 352 78.80% EASTSIDE NARCOTICS TASK FORCE WA0174500 4 0 100.00% MAPLE VALLEY POLICE DEPARTMENT WA0174700 99 19 80.81% COVINGTON POLICE DEPARTMENT WA0174800 559 92 83.54% PD KENMORE WA0174900 483 132 72.67% SAMMAMISH POLICE DEPARTMENT WA0175000 214 94 56.07% KING COUNTY SHERIFFS OFFICE WAKCS0000 11903 1440 87.90% SEATTLE POLICE DEPARTMENT WASPD0000 21855 7957 63.59% KITSAP COUNTY SHERIFF WA0180000 4490 616 86.28% BREMERTON POLICE DEPARTMENT WA0180100 2739 336 87.73% KITSAP COUNTY JUVENILE COURT WA018025J 395 14 96.46% PORT ORCHARD POLICE DEPARTMENT WA0180400 1239 185 85.07% POULSBO POLICE DEPARTMENT WA0180500 310 42 86.45% BAINBRIDGE ISLAND POLICE DEPARTMENT WA0180700 170 49 71.18% KITTITAS COUNTY SHERIFF OFFICE WA0190000 934 116 87.58% ELLENSBURG POLICE DEPARTMENT WA0190100 970 80 91.75% CLE ELUM POLICE DEPARTMENT WA0190200 190 29 84.74% KITTITAS COUNTY JUVENILE COURT WA019025J 29 7 75.86% ROSLYN POLICE DEPARTMENT WA0190400 23 0 100.00% PD KITTITAS CARE OF ELLSO WA0190600 45 12 73.33% 4 287 MTV FINANCE AND SAFETY COMMITTEE Meeting Minutes • . f 1 • Citv Council Finance and Safetv Committee December 6, 2016 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller Staff: David Cline, Rick Mitchell, Leon Richardson, Joseph Todd, Bob Giberson, Peggy McCarthy, Vicky Carlsen, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESSAGENDA A. 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. Councilmember Robertson noted that he will be suggesting items relating to the environment, and Councilmember Kruller referenced a public comment letter that was sent to the Committee. Chair Seal recommended that these items be addressed by the Committee of the Whole. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. B. Consultant Selection: Public Safety Plan Staff is seeking Council approval of an agreementwith Shiels Obletz Johnsen (SOJ) in the amount of $2,694,716 for Project Management Services for the Public Safety Plan projects. Councilmember Robertson stated thatthe model proposed in this agreement lacks a single point person as project manager. A City Council work session is planned for early January to allow the Council to thoroughly discuss the project components. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. C. Interaaencv Agreement: Disaosition Research Specialist Staff is seeking Council approval of an interagency agreement with the Washington State Patrol to accept grant funding in the amount of $56,475 for a Disposition Research Specialist. The Police Department has identified a significant number of records that need to be corrected due to incompatibilities with the SCORE facility record system. The new position will serve to correct :• Finance and Safety Committee Minutes .............................................................................. ............................... December 6, 2016 the records and ensure the right processes are in place going forward. The position is temporary and the City will be 90% reimbursed, or $50,827.50. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 SPECIAL CONSENT AGENDA. D. 2016 Second Quarter Cash and Investment Report Staff presented the 2nd Quarter Cash and Investment Report for 2016, including information on the City's portfolio components, performance, policy compliance and liquidity analysis, fund cash and investment balances, and investment environment. At June 30, 2016, the portfolio totaled $54.5 million comprising $43.4 million in cash and cash equivalents and $11.1 in longer term investments. The portfolio balance increased by $1.9 million from the March 31, 2016 balance. INFORMATION ONLY. E. 2016 Third Quarter Sales Tax Report Staff presented the 2016 3rd Quarter Sales Tax and Miscellaneous Revenue Report, including details on retail sales tax, gamblingtax, and admissions tax revenues with sale tax broken out by industry classifications. Total sales tax collections for the 2nd quarter were $270K below those for the same period last year. INFORMATION ONLY. F. 2016 Third Quarter Police Department Report Staff updated the Committee on Police Department items of significance that occurred during the 3rd quarter of 2016. The information included a staffing update, highlights, and crime statistics. The Committee requested location information on the robberies that occurred in the 3rd quarter. Councilmember Kruller asked how Tukwila has been affected by the regional opioid crisis. At this time, overdose deaths have not significantly increased in Tukwila but drug addiction is a likely factor in property and auto related crimes. INFORMATION ONLY. III. MISCELLANEOUS Microsoft License Renewal Staff is seeking Council approval to renew the Microsoft Enterprise License Agreement for an additional three -year term in the amount of $108,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 12, 2016 COMMITTEE OF THE WHOLE AND SPECIAL MEETING. Budget Amendment Relating to Public Safety Bond Issuance Staff requested an addition to the December 12, 2016 Committee of the Whole agenda of an ordinance to amend the 2016 budget to reflect costs of the issuance of the Public Safety Bonds. If agreed to by the Committee, staff will prepare an ordinance and memo for the agenda. UNANIMOUS APPROVAL. 290 Upcoming Meetings & Events December 2016 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday) ➢ Community ➢ Utilities Crate, ➢ Raf-k ➢ Tukwila Affairs & Parks 5:30 PM Commission, l4istorieal Cmte, (Foster Cancelled Seeiety, 5:30 PM Conference Cancelled (Hazelnut Room) Conference Room) ➢ Tukwila ➢ City Council International Committee of Boulevard the Whole Mtg., Action Cmte, 7:00 PM 7:00 PM (Council (Valley View Chambers) Sewer Dist., C.O.W. to be 3460 S 1481h) immediately followed by a Special Mtg. 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday) ➢ Transportation ➢ Finance & Crate, Safety Cmte, 5:30 PM 5:30 PM (Foster (Hazelnut Conference Conference Room) Room) This meeting This meeting may potentially may cancel. potentially cancel. ➢ City Council Regular Mtg., 7:00 pm (Council Chambers) This meeting may potentially cancel. ➢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 (A) Source of income discrimination legislation. (B) Discussion on the Workplan. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman 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. ➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206 - 767 -2332. ➢ Planning Commission /Board of Architectural Review: 41 Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670 ➢Transportation Committee: I st & 3rd Mon., 5:30 PM, Foster Conf. Room ➢ 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. (A) Green the Green Grant Acceptance, King County Flood Control District. (B) Valley View Sewer District, Loop Area Sewer Service Update. (C) Utilities Committee Workplan. 291 Tentative Agenda Schedule MONTH, MEETING 1- MEETING 2!- MEETING 3 - MEETING 4 REGULAR,:, C O.W. REGULAR C.O.W. December 5 12 19 26 See agenda packet cover sheet for this week's agenda (December 12 2016 Committee of the Whole Meeting). 292