HomeMy WebLinkAboutCOW 2017-10-23 COMPLETE AGENDA PACKETMonday,
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October
Tukwila City Council Agenda
❖ COMMITTEE OF THE WHOLE ❖
2 Allan Ekberg, Mayor Counci/members: + Joe Duffie + Verna Seal
David Cline, CityAdministrator + Kathy Hougardy + De'Sean Quinn
Dennis Robertson, Council President + Kate Kruller + Thomas McLeod
23, 2017; 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. SPECIAL
PRESENTATIONS
a. An update on the SCORE jail.
Penny Bartley, Executive Director.
b. Firefighter deployments to assist regions based on weather events
associated with hurricanes Harvey and Irma.
Jay Wittwer, Fire Chief
3. PUBLIC
COMMENTS
At this time, you are invited to comment on items not included on this agenda
(p/ease limit your comments to five minutes per person). To comment
on an item //sted 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. An ordinance for short-term debt refinancing for the Urban Renewal
Project.
b. A collective bargaining agreement with the United Steelworkers for
Police non-commissioned employees.
Pg.25
Pg.61
5. REPORTS
a. Mayor
b. City Council
c. Staff
d. Council Analyst
6. MISCELLANEOUS
7. ADJOURN TO SPECIAL MEETING
(continued...)
COMMITTEE OF THE WHOLE MEETING
Monday, October 23, 2017
Page 2
❖ SPECIAL MEETING ❖
+ Ord #2553 + Res #1918
1. CALL TO ORDER / ROLL CALL
2. CONSENT
AGENDA
a. Approval of Minutes: 10/2/17 (Regular); 10/9/17 (Special)
b. Approval of Vouchers
c. Authorize the Mayor to sign an agreement with King County Department
of Transportation, Metro Transit Division, for the Transportation Demand
Management Program for 2017-2019 in the amount of $75,000.00.
[Reviewed and forwarded to Consent by the Transportation and Infrastructure
Committee on 10/10/17.7
d. Authorize the Mayor to sign an Interlocal Agreement with the Washington
State Department of Transportation (WSDOT) for Transportation Demand
Management Program Allocation for 2017-2019 in the amount of
$74,205.00. [Reviewed and forwarded to Consent by the Transportation and
Infrastructure Committee on 10/10/17.]
e. Authorize the Mayor to sign an Interagency Agreement with the
Washington State Internet Crimes Against Children Task Force, acting
through the City of Seattle. [Reviewed and forwarded to Consent by the
Public Safety Committee on 10/16/17]
f. Authorize the Mayor to accept the National Criminal History Improvement
(NCHIP) grant to add one temporary FTE in the Police Records Unit, in
the amount of $86,029.00. [Reviewed and forwarded to Consent by the
Finance Committee on 10/17/17.7
Pg•65
P9.87
P9.107
Pg•123
3. NEW BUSINESS
4. 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
When recognized by the Presiding Officer 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 and members of the public, and
may not be able to answer questions or respond during the meeting.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council on items that are NOT included on
the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a
comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic.
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:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Members of the public 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.
Who is SCORE?
Bookings By Month
A Average Daily Population By Month
697
Top Booking Charges - 2017 (YTD)
Inmate's City of Residence
All Other Cities a„
Our Challenges
m Significant Population Mentally III
Estimated Populations
Serious Mental Disorders
Substance Use Disorders
General Prisons Jails
Public
5.4% 16% 17%
16% 53% 68%
Co-occurring Substance Use 25% 59% 72%
Disorder with Serious Mental
Disorder
Co-occurring Serious Mental 14.4% 59.7% 33.3%
Disorder with substance use
disorder
Competency Evaluations
Addiction and
Mental Health
c
DOC Opiate
Task Force
Grant
LINC
Trueblood Funds
State/County
Agencies
Familiar Faces
MIDD Funds
Sound Mental
Health —Liaison
BHO Funds
High Utilizer
Group -
Diversion
Agencies
Washington State DSHS
Western State Hospital
King County CDMHP
Children's Administration CPS
Department of Veterans Affairs State J Federal
Department of Corrections
Probation (Various)
King County Mental Health BHO
King County Accountability Community Healthcare
Providence Community Corrections
King County Re-entry
King County Regional Mental Health Court
King County Veterans Court
Department of Licensing
King County Community and Human Services
King County Crisis and Commitment Services
King County RAP Housing Navigator
DSHS Work First
Sound Mental Health
Valley Cities Counseling
Greater Lakes Mental Healthcare
Northwest Psychiatry
Asian Counseling and Referral Service
Seattle Indian Health Board
Cowlitz Indian Tribe Mental Health
A Brighter Tomorrow Counseling
Puget Sound Mental Health
Muckleshoot Child & Family Services
Muckleshoot Behavioral Health Program
Ojibwe-Bay Mills Indian Community Mental Health
Youth & Family Counseling
NAVOS
Renton Technical College
Highline Community College
Green River Community College
South Seattle Community College
New Connections
Pierce County Alliance
Rebuilding Hope Sexual Assault Center
Moon Security
2Watch Monitoring
Board of Industrial Insurance Appeals
Al'Ta Counseling & Testing
Youth & Family Counseling
MultiCare Health System
Transitional Resources
Doorway to Recovery
Compass Health
Lakeside Milam
Lifelong
RISE
REACH Program
START
HEN
Familiar Faces
Evergreen Recovery
United Health Care
FISH Program
Criminal Justice Initiative
REST
Consejo Counseling
Evergreen Treatment MAT Program
Integra Health
United Health Care
Coordinated Care
Swedish Ballard Treatment Center
DESC
REACH
Lots of Good Stories to Tell
01000000
0000000.
Deployments to
Hurricane's Harvey & Irma
•
i
WA -TF1 Mission
Ready Package
Hurricane
Harvey
TFD in Texas
Capt.'s McCoy, Morales,
Nevens and FF O'Brien
Search and Rescue
Operations -Harvey
Hurricane Harvey—
Neighborhoods in the
Houston area
II
i
WA -TF1
Type 1 Package
Hurricane Irma
TFD in Georgia
Ca pt.'s
Morales,
Johnson,
Nevens. FF's
Brooks and
O'Brien
Staging at Robins Airforce
Base -Georgia
Road map:
Tacoma to
Houston and
back.
Richland, WA to
Robins Airforce
Base, GA
BC
AB
SK
MB
ON
QC
Mexico
24
COUNCIL AGENDA SYNOPSIS
I mt,a/J
MeetingDate
Prepared by
Ma rine review
Council review
10/23/17
PMc
million bond
December
L.-.'
11/06/17
PMc
❑ Resolution
AltsDate
❑ Bid Award
Mtg Date
❑ Public Hearing
ANDate
F Other
Mtg Date
•
11 Ordinance
Mtg
ANDate 11/6/17
SPONSOR ❑Council Mayor ❑HR EDCD ®Finance Fire ❑TS P&R ❑Police ❑PTV ❑Court
SPONSOR'~ The $2.25 million taxable note, issued in 2014 to help finance the purchase of crime ridden
SUMMARY motels for urban renewal purposes, matures December 1, 2017. The Council is being asked
to consider and approve a bond ordinance for issuance of a bond to Cashmere Valley Bank
to refinance the maturing 3 -year note.
ITEM INFORMATION
ITEM No.
4.A.
25
STAFF SPONSOR: PEGGY MCCARTHY
ORIGINAL AGENDA DATE: 10/23/17
AGENDA ITINI TITLE Approve
renewal
the ordinance for $2.35
3 -year note that matures
million bond
December
issuance to refinance the urban
1, 2017.
CA'I'N:GORY ® Diszussion
ANDale .10/23/17
Motion
Date
❑ Resolution
AltsDate
❑ Bid Award
Mtg Date
❑ Public Hearing
ANDate
F Other
Mtg Date
•
11 Ordinance
Mtg
ANDate 11/6/17
SPONSOR ❑Council Mayor ❑HR EDCD ®Finance Fire ❑TS P&R ❑Police ❑PTV ❑Court
SPONSOR'~ The $2.25 million taxable note, issued in 2014 to help finance the purchase of crime ridden
SUMMARY motels for urban renewal purposes, matures December 1, 2017. The Council is being asked
to consider and approve a bond ordinance for issuance of a bond to Cashmere Valley Bank
to refinance the maturing 3 -year note.
REVIEWIHD BY C C.O.W. Mtg. ❑ CDN Comm
El Trans &Infrastructure ❑ Arts Comm.
DATE: 10/17/17
11 Finance
Comm. C Public Safety Comm.
Comm. ❑ Planning Comm.
CHAIR: SEAL
C Parks
COMMITTEE
RECOMMENDATIONS:
SPONSOR/A1)NIIN.
COMM11
Finance Department
1 I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXP1 NDITURI? REQUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source: BOND PROCEEDS
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/23/17
11/6/17
MTG. DATE
ATTACHMENTS
10/23/17
Informational Memorandum dated 10/11/17
Ordinance in Draft Form
Presentation from PFM
Minutes from the Finance Committee meeting of 10/17/17
11/6/17
25
26
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Peggy McCarthy, Finance Director
CC: Mayor Ekberg
DATE: October 11, 2017
SUBJECT: Refinancing Urban Renewal Short Term Debt
Allan Ekberg, Mayor
ISSUE
Approve the issuance of a $2.35 million taxable bond to refinance the urban renewal 3 -year note that
matures December 1, 2017.
BACKGROUND
For the purpose of urban renewal, the City purchased three crime ridden motels in 2014 for $3.6
million and an additional motel and structure in 2015 for $1.6 million for a total of $5.2 million. To
finance these purchases, in December 2014 a taxable 20 -year $3.85 million bond was issued to
Zions First National Bank and a taxable 3 -year $2.25 million note was issued to Bank of the West.
It was anticipated that the 3 -year $2.25 million note would be paid from proceeds of the sale of
property. The motel property has not yet been sold and the 3 -year note comes due on December 1,
2017.
DISCUSSION
Based on feedback from the Finance Committee on June 6, 2017, City staff and PFM moved
forward with the solicitation of replacement financing. A replacement financing Request For
Proposal was published on September 7, 2017 and seven banks responded. Cashmere Valley
Bank offered the lowest borrowing costs and most favorable terms. The proposal was accepted and
includes these key terms:
Amount
Interest rates
Prepayment Option
Year 1-3
Year 4
Year 5
$2,350,000
2.6%
2.8%
3.0%
The bond may be prepaid in whole or in part at
any time prior to the maturity date with no
prepayment penalty.
FINANCIAL IMPACT
The 2017-2018 biennial budget models the note as being paid in 2018. The effect of refinancing the
note instead of paying it off is additional annual interest expense of approximately $20,000 in 2018,
$61,100 in 2019 and 2020, $65,800 in 2021 and $70,500 in 2022, should the bond not be paid early.
RECOMMENDATION
The Council is being asked to approve the bond ordinance and consider this item at the October 23,
2017 Committee of the Whole meeting and subsequent November 6, 2017 Regular Meeting.
ATTACHMENTS
Draft bond ordinance
PFM Presentation
27
28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE ISSUANCE
AND SALE OF A LIMITED TAX GENERAL OBLIGATION BOND
OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO
EXCEED $2,350,000 TO REFUND THE CITY'S OUTSTANDING
LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION
NOTE, 2014 (TAXABLE NON -REVOLVING LINE OF CREDIT)
AND TO PAY THE COST OF ISSUING THE BOND; PROVIDING
THE FORM OF THE BOND; AUTHORIZING THE SALE OF THE
BOND TO CASHMERE VALLEY BANK; AND PROVIDING FOR
OTHER MATTERS RELATING THERETO; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila, Washington (the "City"), has outstanding its
Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving
Line of Credit), issued on December 9, 2014 pursuant to Ordinance No. 2464 passed
by the City Council (the "Council") on December 1, 2014, as amended by Ordinance
No. 2472 passed by the Council on March 16, 2015 (as amended, the "Note
Ordinance"), in the original principal amount of $2,250,000 (the "Note"); and
WHEREAS, the Note is scheduled to mature on December 1, 2017; and
WHEREAS, the Note Ordinance authorizes the City to prepay all or a portion of the
outstanding principal on the Note in advance of its maturity date at any time; and
WHEREAS, after due consideration it appears that it is in the best interest of the
City to pay at maturity or prepay the Note from proceeds of a limited tax general
obligation bond issued in the principal amount of not to exceed $2,350,000 (the
"Bond"); and
WHEREAS, the City has received the offer of Cashmere Valley Bank (the
"Purchaser") set forth in Exhibit A attached hereto (the "Proposal"), to purchase the
Bond; and
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WHEREAS, it is deemed necessary and advisable that the City accept the
Purchaser's offer and issue the Bond as set forth herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Definitions and Interpretation of Terms.
(a) Definitions. As used in this ordinance, the following words shall have the
following meanings, unless the context or use indicates otherwise, words importing the
singular number shall include the plural number and vice versa.
Adjustment Date means the First Interest Rate Adjustment Date and the
Second Interest Rate Adjustment Date.
Bond means the City's Limited Tax General Obligation Bond, 2017 (Taxable),
authorized to be issued pursuant to the terms of this ordinance.
Bond Counsel means Pacifica Law Group LLP, or an attorney at law or a firm
of attorneys, selected by the City.
Bond Register means the registration records for the Bond maintained by the
Bond Registrar.
Bond Registrar means the City Finance Director, whose duties include
registering and authenticating the Bond, maintaining the Bond Register, transferring
ownership of the Bond, and paying the principal of and interest on the Bond.
City means the City of Tukwila, Washington, a municipal corporation duly
organized and existing under the laws of the State of Washington.
City Administrator means the duly appointed and acting City Administrator,
including anyone acting in such capacity for the position, or the successor to the duties
of that office.
City Attorney means the duly appointed and acting City Attorney, including
anyone acting in such capacity for the position, or the successor to the duties of that
office.
City Clerk means the duly appointed and acting City Clerk of the City or the
successor to the duties of that office.
Commission means the United States Securities and Exchange Commission.
Council or City Council means the Tukwila City Council, as the general
legislative body of the City as the same is duly and regularly constituted from time to
time.
Debt Service Fund means the fund or account created pursuant to this
ordinance for the purpose of paying debt service on the Bond.
Finance Director means the duly appointed and acting Finance Director of the
City or the successor to such officer.
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Page 2 of 8
First Interest Rate Adjustment Date means December 1, 2020.
Interest Rate means: (a) from the date of issuance to (but not including) the
First Interest Rate Adjustment Date, a fixed rate of interest of 2.6% per annum; (b) from
the First Interest Rate Adjustment Date to (but not including) the Second Interest Rate
Adjustment Date, a fixed rate of interest of 2.8% per annum; and (c) from the Second
Interest Rate Adjustment Date to the Maturity Date, a fixed rate of interest of 3.0% per
annum.
Maturity Date means the final date of maturity stated in the Bond, which shall
be approximately five years from the date of issuance of the Bond.
Mayor or City Mayor means the elected Mayor of the City, or the successor to
the duties of that office.
Note means the City's Limited Tax General Obligation Bond Anticipation Note,
2014 (Taxable Non -Revolving Line of Credit), issued on December 9, 2014 pursuant to
the Note Ordinance.
Note Ordinance means Ordinance No. 2464 passed by the Council (on
December 1, 2014, as amended by Ordinance No. 2472 passed by the Council on
March 16, 2015.
Proposal means the proposal letter submitted by the Purchaser substantially
in the form attached hereto as Exhibit A.
Purchaser means Cashmere Valley Bank, Cashmere, Washington, and its
successors and assigns.
Registered Owner means the person named whose name the Bond is
registered on the Bond Register.
Rule means the Securities and Exchange Commission's Rule 15c2-12 under
the Securities Exchange Act of 1934, as the same may be amended from time to time.
Second Interest Rate Adjustment Date means December 1, 2021.
State means the State of Washington.
(b) Interpretation. In this ordinance, unless the context otherwise requires:
(1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any
similar terms, as used in this ordinance, refer to this ordinance as a whole and not to
any particular article, section, subdivision or clause hereof, and the term "hereafter"
shall mean after, and the term "heretofore" shall mean before, the date of this
ordinance;
(2) Words of the masculine or feminine gender shall mean and include
correlative words of any gender and words importing the singular number shall mean
and include the plural number and vice versa;
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(3) Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations and other legal entities, including
public bodies, as well as natural persons;
(4) Any headings preceding the text of the several articles and sections of this
ordinance, and any table of contents or marginal notes appended to copies hereof,
shall be solely for convenience of reference and shall not constitute a part of this
ordinance, nor shall they affect its meaning, construction or effect; and
(5) All references herein to "articles," "sections" and other subdivisions or
clauses are to the corresponding articles, sections, subdivisions or clauses hereof.
Section 2. Authorization of the Bond.
(a) For the purpose of paying at maturity or prepaying the Note and paying costs of
issuance of the Bond, the City is hereby authorized to issue and sell a limited tax
general obligation bond in the principal amount not to exceed $2,350,000 (the "Bond").
(b) The Bond shall be a general obligation of the City and shall be designated "City
of Tukwila, Washington, Limited Tax General Obligation Bond, 2017 (Taxable)" or other
such designation as set forth in the Bond and approved by the Finance Director. The
Bond shall be dated as of its date of delivery to the Purchaser, shall be fully registered
as to both principal and interest, shall be in one denomination, and shall mature on the
Maturity Date. The Bond shall bear interest from its dated date or the most recent date
to which interest has been paid at the Interest Rate then in effect, as the same may be
adjusted pursuant to the Proposal and set forth herein. The Interest Rate shall reset on
each Adjustment Date, and shall remain in effect until but not including the next
Adjustment Date. Interest on the principal amount of the Bond shall be calculated per
annum on a 30/360 basis, or as otherwise provided in the Bond. Principal of the Bond
shall be payable on the Maturity Date and interest on the Bond shall be paid semi-
annually on June 1 and December 1, beginning June 1, 2018, to the Maturity Date or
prior prepayment.
Section 3. Registration, Exchange and Payments.
(a) Registrar/Bond Registrar. The Finance Director shall act as Bond Registrar.
The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the
Bond if transferred or exchanged in accordance with the provisions of the Bond and this
ordinance and to carry out all of the Bond Registrar's powers and duties under this
ordinance.
(b) Registered Ownership. The City and the Bond Registrar may deem and treat
the Registered Owner of the Bond as the absolute owner for all purposes, and neither
the City nor the Bond Registrar shall be affected by any notice to the contrary.
Payment of the Bond shall be made only as described in subsection (d) below. All such
payments made as described in subsection (d) below shall be valid and shall satisfy the
liability of the City upon the Bond to the extent of the amount so paid.
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Page 4 of 8
(c) Transfer or Exchange of Registered Ownership. The Purchaser shall have
the right at any time to assign, transfer or convey the Bond in whole but no such
assignment, transfer or conveyance shall be effective as against the City unless and
until the Purchaser has delivered to the City prior written notice thereof that discloses
the name and address of the assignee and such assignment, transfer or conveyance
shall be made only to (i) an affiliate of the Purchaser or (ii) banks, wholly-owned direct
or indirect subsidiaries of banks or bank holding companies, insurance companies or
other financial institutions or their affiliates that signs a qualified purchaser letter in
substantially the same form as provided by the Purchaser in connection with the
issuance of the Bond and otherwise satisfactory to Bond Counsel. Nothing herein shall
limit the right of the Purchaser or its assignees to sell or assign participation interests in
the Bond to one or more entities listed in (i) or (ii).
(d) Place and Medium of Payment. Both principal of and interest on the Bond
shall be payable in lawful money of the United States of America. Principal and interest
on the Bond shall be payable by check, warrant, ACH transfer or by other means
mutually acceptable to the Purchaser and the City. Upon final payment of principal and
interest of the Bond, the Registered Owner shall surrender the Bond for cancellation at
the office of the Bond Registrar in accordance with this ordinance.
Section 4. Prepayment. The outstanding principal amount of the Bond may be
prepaid in whole or in part at any time prior to the Maturity Date at a price of par plus
accrued interest to the date of prepayment. The City shall provide at least 15 calendar
days prior written notice of any intended prepayment. If the Bond is prepaid in full in
accordance with this Section 4, interest shall cease to accrue on the date the Bank
receives such prepayment.
Section 5. Form of Bond. The Bond shall be in substantially the form set forth in
Exhibit B, which is incorporated herein by this reference.
Section 6. Execution of Bond.
(a) The Bond shall be executed on behalf of the City with the manual or facsimile
signature of the Mayor, and shall be attested by the manual or facsimile signature of the
Clerk.
(b) Only such Bond as shall bear thereon a Certificate of Authentication in the form
set forth in Exhibit B, manually executed by the Bond Registrar, shall be valid or
obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate
of Authentication shall be conclusive evidence that the Bond so authenticated has been
duly executed, authenticated and delivered hereunder and is entitled to the benefits of
this ordinance.
(c) In case either of the officers who shall have executed the Bond shall cease to
be an officer or officers of the City before the Bond so signed shall have been
authenticated or delivered by the Bond Registrar, or issued by the City, such Bond may
nevertheless be authenticated, delivered and issued and upon such authentication,
delivery and issuance, shall be as binding upon the City as though those who signed
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the same had continued to be such officers of the City. The Bond may also be signed
and attested on behalf of the City by such persons who at the date of the actual
execution of the Bond, are the proper officers of the City, although at the original date
of such Bond any such person shall not have been such officer of the City.
Section 7. Application of Bond Proceeds. Proceeds of the Bond shall be
distributed as follows:
(a) The amount necessary to pay or prepay the outstanding principal of and
interest on the Note on the date of maturity or prepayment, respectively, plus any
prepayment penalties or related fees, shall be deposited into the Note Account (as
defined in the Note Ordinance) and shall be used within 30 days of the issuance of the
Bond to redeem the Note in accordance with its terms. After the Note is paid in full, the
Note shall be cancelled and delivered to the City.
(b) The remaining proceeds of the Bond shall be used by the City to pay costs of
issuance of the Bond or shall be deposited into the Debt Service Fund.
(c) The Finance Director is hereby authorized to select the date of prepayment (if
any) and to call the Note for prepayment prior to maturity on such date in accordance
with the terms of the Note Ordinance. The Finance Director and the appropriate City
officials are further authorized to execute such documents and to take such actions as
necessary to pay or prepay the Note in accordance with its terms and this ordinance.
Section 8. Pledge of Funds and Credit; General Obligation.
(a) The City hereby authorizes the creation of a fund or account to be used for the
payment of debt service on the Bond (the "Debt Service Fund"). No later than the date
each payment of principal of or interest on the Bond becomes due, the City shall
transmit sufficient funds, from the Debt Service Fund or from other legally available
sources, to the Registered Owner for the payment of such principal or interest. Money
in the Debt Service Fund may be invested in legal investments for City funds.
(b) The City hereby irrevocably covenants and agrees for as long as the Bond is
outstanding and unpaid that each year it will include in its budget and levy an ad
valorem tax upon all the property within the City subject to taxation in an amount that
will be sufficient, together with other revenues and money of the City legally available
for such purposes, to pay the principal of and interest on the Bond when due.
(c) The City hereby irrevocably pledges that the annual tax provided for herein to
be levied for the payment of such principal and interest shall be within and as a part of
the tax levy permitted to cities without a vote of the people, and that a sufficient portion
of each annual levy to be levied and collected by the City prior to the full payment of the
principal of and interest on the Bond will be and is hereby irrevocably set aside, pledged
and appropriated for the payment of the principal of and interest on the Bond. The full
faith, credit and resources of the City are hereby irrevocably pledged for the annual levy
and collection of said taxes and for the prompt payment of the principal of and interest
on the Bond when due.
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Page 6 of 8
Section 9. Sale of the Bond.
(a) The Bond shall be sold to the Purchaser pursuant to the terms of this
ordinance and the Proposal. The City hereby accepts the Proposal, which is attached
as Exhibit A and incorporated herein by this reference. The Finance Director is hereby
authorized: (a) to approve the principal amount of the Bond; (b) to execute a bond
purchase agreement with the Purchaser; and (c) to agree to any other terms, conditions
and covenants that are in the best interest of the City and in accordance with the
Proposal, so long as the principal amount of the Bond does not exceed $2,350,000 and
the terms of the Bond are otherwise consistent with the terms of this ordinance.
(b) The appropriate City officials, including but not limited to the City Mayor, City
Administrator and the Finance Director, are hereby authorized and directed to do
everything necessary for the prompt issuance, execution and delivery of the Bond and
for the proper application and use of the proceeds thereof.
Section 10. Ongoing Disclosure; Covenants.
(a) Ongoing Disclosure. The Bond is exempt from ongoing disclosure
requirements of the Rule.
(b) Covenants. So long as the Bond is outstanding, the City hereby covenants
and agrees to provide the Registered Owner:
(1) Copies of the City's audited financial statements within a reasonable time
after such statements become available; and
(2) Financial or other information as may be reasonably requested from time
to time.
Section 11. Lost, Stolen or Destroyed Bond. In case the Bond shall be lost,
stolen or destroyed while in the Registered Owner's possession, the Bond Registrar
may at the request of the Registered Owner execute and deliver a new Bond of like
date, number and tenor to the Registered Owner thereof upon the Registered Owner's
paying the expenses and charges of the City and the Bond Registrar in connection
therewith and upon its filing with the City written certification that such Bond was
actually lost, stolen or destroyed and of its ownership thereof. In the case the Bond
shall be lost, stolen, or destroyed while in the Registered Owner's possession, the
Registered Owner may elect upon final payment of principal and interest of the Bond to
surrender a photocopy of the Bond for cancellation at the office of the Bond Registrar
together with written certification that such Bond was actually lost, stolen or destroyed
and of its ownership thereof.
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35
Section 12. Severability; Ratification. If any one or more of the covenants or
agreements provided in this ordinance to be performed on the part of the City shall be
declared by any court of competent jurisdiction to be contrary to law, then such
covenant or covenants, agreement or agreements, shall be null and void and shall be
deemed separable from the remaining covenants and agreements of this ordinance and
shall in no way affect the validity of the other provisions of this ordinance or of the
Bond. All acts taken pursuant to the authority granted in this ordinance but prior to its
effective date are hereby ratified and confirmed.
Section 13. Payments Due on Holidays. If an interest and/or principal payment
date for the Bond is not a business day, then payment shall be made on the next
business day and no interest shall accrue for the intervening period.
Section 14. Corrections by City Clerk. Upon approval of the City Attorney and
Bond Counsel, the City Clerk is hereby authorized to make necessary corrections to
this ordinance, including but not limited to the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; ordinance numbering and
section/subsection numbering; and other similar necessary corrections.
Section 15. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Pacifica Law Group LLP, Bond Counsel
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments:
Exhibit A — Proposal — Cashmere Valley Bank
Exhibit B — Form of Bond / Certificate of Authentication and Registration
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Page 8of8
Exhibit A
Copy of Purchaser's Proposal
[attached]
A-1
37
AlaMit
&ITNla
Qoihniertiallv Bank
WOW
City of Tukwila
Limited Tax General Obligation Bond, 2017 (Taxable)
Term Sheet
(Subject to Bank underwriting and credit approval)
September 25, 2017
1. Issuer: City of Tukwila, King County Washington (the "City")
2. Amount: $2,350,000
3. Form: Registered Limited Tax General Obligation Bond, 2017 (Taxable)
(the "Bond") issued by the City and purchased by Cashmere
Valley Bank at private sale.
4. Purpose: Proceeds would be used to refund the City's LTGO Bond
Anticipation Note, 2014 (Taxable) which was used to acquire
certain improved property on Tukwila International Boulevard for
the purpose of redevelopment, and to pay certain costs of Bond
issuance.
5. Bond Terms:
a) Interest Rate and Terms:
The Bond would be structured as a taxable non -amortizing bond
with a final maturity of either 3, 4 or 5 years. The rate of interest for the
first 3 years would be 2.6%. The rate of interest for year 4 would be 2.8%,
and for year 5, 3.0%. Interest would be computed on the basis of a 360 -
day year consisting of twelve 30 -day months. The Bond would be dated
the Date of Delivery and would bear interest from its date. The City may
choose if interest is paid monthly, quarterly or semi-annually.
b) Transferability
Cashmere Valley Bank would hold the Bond with no intent to sell or
transfer. The Bond may be transferred only in whole to a qualified
investor.
38
City of Tukwila
Limited Tax General Obligation Bond 2017 (Taxable)
Page 2
c) Security
The Bond would be a limited tax general obligation supported by the full
faith and credit of the City.
6. Prepayment:
The outstanding principal amount of the Bond may be prepaid in whole or in part
at any time prior to the Maturity Date at par plus accrued interest to the date of
prepayment. The City would provide the Bank with written notice of any
intended prepayment at least 15 days prior to such prepayment date.
7. Fees: The Bank would not charge any fees for the Bond, and does not expect
any legal costs.
8. Additional Terms: The Bond documents would be in the standard forms
customarily required by the Bank for municipal funding and would include
additional terms and conditions not discussed above. The City would provide its
annual financial report to the Bank during the period the Bond is outstanding and
held by the Bank. At the date of closing the Bond, the financial condition and
credit of the City and all other features of this transaction would be as represented
to the Bank without material adverse change.
Please note that this term sheet is for discussion purposes only and does not represent a
commitment on the part of the Bank to lend funds. The Bank agrees to the proposed
schedule of events presented in the Request for Proposals.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE
NOT ENFORCEABLE UNDER WASHINGTON LAW.
39
40
Exhibit B
Form of Bond
UNITED STATES OF AMERICA
NO. RR=1 $
STATE OF WASHINGTON
CITY OF TUKWILA
LIMITED TAX GENERAL OBLIGATION BOND, 2017 (TAXABLE)
DATE OF ISSUANCE: [ , 2017]
MATURITY DATE: ( , 2022]
REGISTERED OWNER: CASHMERE VALLEY BANK, CASHMERE WASHINGTON
PRINCIPAL AMOUNT: MILLION AND DOLLARS
The City of Tukwila, Washington, a municipal corporation organized and existing
under and by virtue of the laws of the State of Washington (the "City"), hereby
acknowledges itself to owe and for value received promises to pay to the Registered
Owner identified above, on or before the Maturity Date identified above, the Principal
Amount identified above. This bond shall bear interest on the outstanding principal
balance at the interest rate then in effect (the "Interest Rate"), as follows:
(a) from the Date of Issuance identified above to (but not including) the First
Interest Rate Adjustment Date (December 1, 2020), a fixed rate of interest of
2.6% per annum,
(b) from the First Interest Rate Adjustment Date to (but not including) the Second
Interest Rate Adjustment Date (December 1, 2021), a fixed rate of interest of
2.8% per annum, and
(c) from the Second Interest Rate Adjustment Date to the Maturity Date, a fixed
rate of interest of 3.0% per annum.
Interest on this bond shall accrue from the Date of Issuance until paid and shall be
computed per annum on the principal amount outstanding on a 30/360 basis. The
Interest Rate shall reset on each Adjustment Date as described above, and shall remain
in effect until but not including the next Adjustment Date. Principal of this bond shall be
payable on the Maturity Date and interest on this bond shall be paid semi-annually on
June 1 and December 1, beginning June 1, 2018, to the Maturity Date or prior
prepayment.
B-1
41
Both principal of and interest on this bond shall be payable in lawful money of the
United States of America. Principal and interest on this bond shall be payable by check
or warrant or by other means mutually acceptable to the Registered Owner and the City.
Upon final payment of principal and interest of this bond, the Registered Owner shall
surrender this bond for cancellation at the office of the Bond Registrar in accordance
with Ordinance No. of the City (the "Bond Ordinance").
This bond is issued pursuant to the Bond Ordinance to redeem the City's Limited
Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving Line of
Credit) and to pay costs of issuance for this bond. Capitalized terms used in this bond
have the meanings given such terms in the Bond Ordinance.
The City may prepay this bond on any date upon providing at least 15 calendar
days prior written notice to the Registered Owner, as further provided in the Bond
Ordinance.
The City has in the Bond Ordinance authorized the creation of a fund to be used for
the payment of debt service on this bond, designated as the Debt Service Fund. The
Debt Service Fund shall be drawn upon for the sole purpose of paying the principal of
and interest on this bond.
The City hereby irrevocably covenants and agrees with the owner of this bond that
it will include in its annual budget and levy taxes annually, within and as a part of the tax
levy permitted to the City without a vote of the electorate, upon all the property subject
to taxation in amounts sufficient, together with other money legally available therefor, to
pay the principal of and interest on this bond as the same shall become due. The full
faith, credit and resources of the City are hereby irrevocably pledged for the annual levy
and collection of such taxes and the prompt payment of such principal and interest.
Owners of this bond do not have a security interest in particular revenues or assets
of the City. This bond is not a debt or indebtedness of the State of Washington, or any
political subdivision thereof other than the City.
This bond shall not be valid or become obligatory for any purpose or be entitled to
any security or benefit under the Bond Ordinance until the Certificate of Authentication
hereon shall have been manually signed by or on behalf of the Bond Registrar or its
duly designated agent.
This bond is issued pursuant to the Constitution and laws of the State of
Washington, and duly adopted ordinances of the City. This bond is transferable upon
compliance with the conditions set forth in the Bond Ordinance.
It is hereby certified that all acts, conditions and things required by the Constitution
and statutes of the State of Washington to exist, to have happened, been done and
performed precedent to and in the issuance of this bond exist, have happened, been
done and performed and that the issuance of this bond does not violate any
constitutional, statutory or other limitation upon the amount of bonded indebtedness that
the City may incur.
B-2
42
IN WITNESS WHEREOF, the City of Tukwila, Washington, has caused this bond to
be executed by the manual or facsimile signature of the Mayor of the City Council and
attested by the manual or facsimile signature of the Clerk, as of this day of
, 2017.
[SEAL] CITY OF TUKWILA, WASHINGTON
By
Allan Ekberg, Mayor
ATTEST:
Christy O'Flaherty, MMC, City Clerk
CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond is the City of Tukwila, Limited Tax General Obligation Bond, 2017
(Taxable) described in the within mentioned Bond Ordinance and is registered in the
name of the Registered Owner on the books of the City, in the office of the City Finance
Director (the "Bond Registrar"), as to both principal and interest, as noted in the
registration blank below. All payments of principal of and interest on this bond shall be
made by the City to the Registered Owner from the Debt Service Fund.
Date of Name and Address of Signature of
Registration Registered Owner Bond Registrar
2017
B-3
Finance Director
43
CERTIFICATE
I, the undersigned, the Clerk of the City of Tukwila, Washington (the "City"), DO
HEREBY CERTIFY:
1. That the attached Ordinance No. (the "Ordinance") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the
City held at the regular meeting place thereof on November 6, 2017 as that ordinance
appears in the minute book of the City; and the Ordinance will be in full force and effect
five (5) days after its passage and publication as provided by law; and
2. That the meeting was duly convened and held in all respects in accordance with
law, and to the extent required by law, due and proper notice of such meeting was
given; that a legal quorum was present throughout the meeting and a legally sufficient
number of members of the Council voted in the proper manner for the passage of said
Ordinance; that all other requirements and proceedings incident to the proper passage
of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that
I am authorized to execute this certificate.
3. That Ordinance No. has not been amended, supplemented or
rescinded since its passage and is in full force and effect and that I am authorized to
execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this day
of , 2017.
44
CITY OF TUKWILA, WASHINGTON
Christy O'Flaherty, MMC, City Clerk
City of Tukwila
Finance Committee Meeting
2014 Bond Anticipation Note
October 17, 2017
PFM Financial
Ui Advisors LLC
1200 Fifth Avenue
Suite 1220
Seattle, WA, 98101
Susan Musselman
(360) 445-0238
Duncan Brown
(206) 858-5367
pfm
Overview
1) Background
2) Lender RFP and Results
3) Proposed LTGO Bond, 2017
4) Next Steps
Appendix: Debt Capacity and Market Update
Review of 2014 LTGO Bonds and Note
• In December 2014, the City issued its $2.25 million Limited Tax General Obligation Bond
Anticipation Note, 2014 (the "2014 Note") and $3.85 million Limited Tax General
Obligation Bonds, 2014 (the "2014 Bonds")
• Both were used to acquire properties along Tukwila International Boulevard (TIB)
• The 2014 Note has a final maturity of December 1, 2017
• The 2014 Bond has a final maturity of December 1, 2034, and is subject to optional
redemption on December 1, 2019
• At the time of issuance, the City anticipated using proceeds from the sale of the TIB
properties to repay the 2014 Note
• Properties are anticipated to be sold to a private party for new development
• However, the properties have not yet been sold
PFM
2
2014 Note - Considerations
The City has several options to address the upcoming maturity of the 2017 Note:
1) Refinance with cash
• City could use proceeds from other sources (i.e. Tukwila Village), if available
2) Refinance with long-term Limited Tax GO (non -voted) debt
• If property will be used for some other governmental purpose of the City
3) Extension or replacement
• Most flexible option (could be refinanced on a longer-term basis with other
options - cash, LTGO, or UTGO - at a later date)
Based on feedback from the Finance Committee on June 6, 2017, City staff and
PFM moved forward with the solicitation of replacement interim financing
3
Limited Tax General Obligation Bond, 2017 (Taxable)
• The holder of the existing 2014 Note (Bank of the West) is not interested in extending
the existing facility
• On September 7th, PFM distributed an Request for Proposals for replacement financing
on behalf of the City
The RFP was distributed to 18 banks, of which 7 responded
Cashmere Valley Bank provided the most advantageous financing terms for the
proposed Limited Tax General Obligation Bond, 2017 (Taxable) (the "2017 TIB
Bond")
Five year final maturity (December 1, 2022)
CO
PFM
• Initial rate of 2.60%, increasing to 2.80% in year 4 and 3.00% in year 5
Estimated "True Interest Cost" of 2.71% through maturity
• Prepayable at any time — as TIB properties are sold, the 2017 TIB Bond may be
paid down
4
2017 TIB Bond = Next Steps
Activity Date
Finance Committee Meeting - Consideration of Bond Ordinance (5:30 p.m.) 10/17
Committee of the Whole - Consideration of Bond Ordinance (7:00 p.m.) 10/23
City Council Meeting - Consideration of Bond Ordinance (7:00 p.m.) 11/6
Bond Ordinance Published 11/9
Bond Closing - funds delivered and 2014 Note redeemed 11/14
5
Appendix: Debt Capacity and Market Update
Outstanding Limited Tax General Obligation Debt
As of October 2017, the City has $35,398,577 of non -voted general obligation debt and $32,990,000 of
voted general obligation debt outstanding
Annual Non -Voted General Obligation Debt Service
LTGO Bonds, 2017
LTGO Bonds, 2015
SCORE 2009A
LTGO Bond, 2013
LTGO Bonds, 2010B (BABs)
▪ LTGO Note, 2014 (Taxable)
SCORE 2009B (BABs)
▪ LTGO Bond, 2014 (Taxable)
LTGO Refunding Bonds, 2011
LTGO Ref Bonds, 2008
N
ON
N M G h b
N N N N N
00 00
N N
O
N M h b
N N N N N
M
00
N N
8
Outstanding Long -Term General Obligation Debt
LTGO Refunding Bonds, 2008
LTGO Bonds, 2010B (Taxable BABs
Direct Payment)
LTGO Refunding Bonds, 2011
LTGO Bond, 2013
LTGO Bond, 2014 (Taxable)
LTGO Note, 2014 (Taxable)
LTGO Bonds, 2015
LTGO Bonds, 2017
Subtotal
SCORE Bonds, 2009A
SCORE Bonds, 2009B (Taxable
BABs- Direct Payment)
Subtotal
Total - LTGO
UTGO Bonds, 2016
Subtotal
Total - General Obligations
$2,165,000
3,575,000
3,360,000
609,977
3,560,000
2,250,000
5,605,000
8,180,000
$29,304,977
220,400
5,873,200
$6,093,600
$35,398,577
32,990,000
$32,990,000
$68,388,577
n/a
6/1/2020
12/1/2021
n/a
12/1/2019
anytime
6/1/2025
6/1/2027
1/1/2020
1/1/2020
dvance refund LTGO Bonds, 1999
cquisition & construction of Southcenter
Parkway improvements; emergency
preparedness facilities, fixtures, tech.
Advance refund LTGO Bonds, 2003A
Park district facility improvements (pool)
Tukwila International Boulevard — propert
acquisition
Pay and reimburse the City for the cost of
ertain road construction and related
im • rovements
Pay or reimburse the City for the cost of
ertain road construction and related
im • rovements
SCORE Facility
6.00%
3.96 — 5.41%*
3.00 — 4.00%
3.00-4.00%
0.85 — 4.86%**
LIBOR + 1.00%
2.25 — 3.00%
3.00% — 3.50%
4.50 — 5.00%
5.00 — 6.616%*
12/1/2019
12/1/2024
12/1/2023
12/1/2022
12/1/1934
12/1/2017
12/1/2035
12/1/2037
1/1/2022
1/1/2039
risu—
Assured
Guaranty
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
12/1/2026
Pay and reimburse the City for the cost of
onstructing fire stations and acquiring
related firefighting apparatus/equipment,
onstructing a justice center
4.50 — 5.00%
12/1/2036
n/a
As of October 10, 2017.
* Build America Bonds coupons are shown as gross rates, not reflecting Federal subsidy (35% prior to sequestration).
** A portion of the 2014 Bonds will have interest rates reset every five years, based on the Five Year Advance Fixed Bullet Rate, as published9
by the Seattle Federal Home Loan Bank.
Calculation of Debt Capacity
•The table below summarizes the City's non -voted and total general obligation debt capacity, as limited
by statute
Non -Voted General Obligation Debt Capacity
2016 Assessed Value for 2017 Tax Year
Non -Voted Debt Capacity (1.5% of AV)
Less: Outstanding Non -Voted Debt
$5,751,820,403
$86,277,306
(35,398,577)
Remaining Non -Voted Debt Capacity
Total General Obligation Debt Capacity for General Municipal Purposes
2016 Assessed Value for 2017 Tax Year
Total Debt Capacity (2.5% of AV)
Less: Outstanding Voted Debt
Less: Outstanding Non -Voted Debt
$50,878,729
$5,751,820,403
$143,795,510
(32,990,000)
(35,398,577)
Remaining Total Debt Capacity for General Municipal Purposes(1)
01
01
$75,406,933
10
Market Update
4.50%
4.00%
3.50%
3.00%
2.50%
2.00%
1.50%
1.00%
0.50%
5.00%
4.50%
4.00%
3.50%
3.00%
2.50%
2.00%
1.50%
�0�� �0\�
<<e„o
�0\tt �0��
� �aJ PJB ,
Municipal Market Data (MMD) "AA" GO Yield Curve
2016 Bonds (11/30/2016)
3 Years Ago (10/6/2014)
Current (10/6/2017)
2015 Bonds (4/28/2015)
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
Current (10/6/2017) ®®2016 Bonds (11/30/2016) 2015 Bonds (4/28/2015) 3 Years Ago
Bond Buyer 20 -Bond GO Index vs. 30 -Year Treasury
Last Three Years
ti�1�4'
PJB o�, < e`o
•?C) o�, <(e5) 4aJ PJB
20 -Bond GO Index 30 -Year Treasury
11
Market Update = Interest Rate Forecasts
- Most market participants expect interest rates to rise modestly through the end of 2017
and 2018
• The chart below shows consensus forecasts from numerous financial institutions
Quarterly Historical and Forecasted Interest Rates
3.50%
3.00%
-0 2.50%
7
>- 2.00%
0
1.50%
1.00%
0.50%
0.00%
01
v
Historical
Q1 16
Q2 16 Q3 16 Q4 16 Q1 17 Q2 17 Q3 17
End of Quarter
Federal Funds Rate (Upper Bound)
2 -Year US Treasury Note
Q4 17 Q1 18 Q2 18 Q3 18 Q4 18
3 -Month Libor
10 -Year US Treasury Bond
Source: Bloomberg, Composite UST forecast represents at least 50 banks.
12
58
City of Tukwila
City Council Finance Committee
FINANCE COMMITTEE
Meeting Minutes
October 17, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Acting Chair; Dennis Robertson, Kathy Hougardy
Staff: David Cline, Jay Wittwer, Peggy McCarthy, Vicky Carlsen, Leon Richardson, Laurel
Humphrey
Guests: Deanna Gregory, Pacifica Law Group; Duncan Brown, PFM Financial Advisors LLC;
Colin Donahue, PFM Asset Management LLC
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Grant Acceptance: National Criminal History Improvement
Staff is seeking Council approval of a grant acceptance agreement with the Washington State
Patrol to accept grant funding in the amount of $77,426.10 for continuation of the Disposition
Research Specialist position. This position corrects errors caused by incompatibilities with the
SCORE facility record system, and since the grant was first awarded last year, has corrected over
2,780 dispositions. The funding requires a 10% match of $8,602.90. Chair Seal suggested that
Mayor Ekberg bring up the system incompatibility issue with the SCORE Board. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 23, 2017 SPECIAL CONSENT AGENDA.
B. Ordinance: Urban Renewal Debt Refinancing
Staff is seeking Council approval of an ordinance that would authorize the sale of up to $2.35
million in a limited tax general obligation bond to refinance the city's outstanding Limited Tax
General Obligation Bond Anticipation Note, 2014 for the urban renewal project. It was
previously anticipated that the note would be paid from proceeds of the sale of the property,
but this has not yet occurred. The interest rate on this new bond will range from 2.6 to 3.0 over
its five-year life, and may be prepaid at any time with no penalty. Cashmere Valley Bank offered
the most favorable terms of seven responding banks. The Council earlier gave staff direction to
work with Healthpoint on the potential development of the property and this five-yeartermwill
allow that work to continue. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 23, 2017
COMMITTEE OF THE WHOLE.
59
60
COUNCIL AGENDA SYNOPSIS
inittals
Meeting Date
Prepared by
Mayors review
Council review
10/23/17
SB
C
D LK
11/06/17
SB
• Other
AltsDate
SPONSOR rCouncil •A<layor ®HR DCD ❑Finance ❑Fire ❑TS ❑PSR •Police
❑FIV ❑Court
SPONsoR'S City staff, our labor consultant, and representatives from the United Steelworkers (USW)
SUN1mL\RY Police Non -Commissioned, opened labor negotiations on November 18 2016, in an effort to
reach an agreement on a successor labor contract for the United Steelworkers (USW)
Police Non -Commissioned members. A tentative agreement has been reached and
information is being presented for City Council approval and to authorize the Mayor to sign
the Collective Bargaining Agreement (CBA) for 2017-2018.
RI:y'11?4YI;D 13Y ❑ C.O.W. Mtg.
❑ Trans &Infrastructure
DATE: N/A
I
CDN Comm
❑ Finance Comm. ❑ Public Safety Comm.
C Parks Comm. C Planning Comm.
COMMITTEE CI-IAIR:
❑ Arts Comm.
ITEM INFORMATION
ITEM No.
4.B.
61
ST,AFiSPONSOR: STEPHANIE BROWN
ORIGMAI, AGI,ND.1 DATE: 10/23/17
AGENDA ITI:;\1 Trn E Authorize the Mayor to sign a Collective Bargaining Agreement (CBA) with the United
Steelworkers Police Non -Commissioned Local No. 9241 (04) for 2017-2018.
C,1'1'IGORY ® Discwssion
Mtg Date 10/23/17
® Motion
Mtg Date 11/6/17
❑ Resolution
AltsDate
❑ Ordinance
A1tg Date
❑ Bid Award
M17tg Date
E Public Hearing
i17tg Date
• Other
AltsDate
SPONSOR rCouncil •A<layor ®HR DCD ❑Finance ❑Fire ❑TS ❑PSR •Police
❑FIV ❑Court
SPONsoR'S City staff, our labor consultant, and representatives from the United Steelworkers (USW)
SUN1mL\RY Police Non -Commissioned, opened labor negotiations on November 18 2016, in an effort to
reach an agreement on a successor labor contract for the United Steelworkers (USW)
Police Non -Commissioned members. A tentative agreement has been reached and
information is being presented for City Council approval and to authorize the Mayor to sign
the Collective Bargaining Agreement (CBA) for 2017-2018.
RI:y'11?4YI;D 13Y ❑ C.O.W. Mtg.
❑ Trans &Infrastructure
DATE: N/A
I
CDN Comm
❑ Finance Comm. ❑ Public Safety Comm.
C Parks Comm. C Planning Comm.
COMMITTEE CI-IAIR:
❑ Arts Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
COmi1111"rra:
Human Resources
COST IMPACT / FUND SOURCE
EXP1:NDI"FURI_' R1QUIRIHD AMOUNT BUDGETED APPROPRIATION REQUIRED
$N/A $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
10/23/17
Informational Memorandum dated 10/18/17.
(Copy of 2017-2018 Labor Agreement provided under separate cover)
11/6/17
61
62
City of Tukwila
Alvan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Stephanie Brown, Human Resources Director
CC: Mayor Ekberg
DATE: October 18, 2017
SUBJECT: United Steelworkers (USW) Police Non -Commissioned Local No. 9241 (04)
Bargaining Agreement (CBA) 2017-2018
BACKGROUND
City staff, our Labor Relations Consultant, and the representatives of the United Steelworkers
(USW) Police Non -Commissioned Local No. 9241 (04), opened labor negotiations on
November 18, 2016, to reach an agreement on a successor labor contract. A tentative
agreement negotiated in good faith between the parties was reached during mediation on
September 8, 2017, which resulted in a two-year agreement (2017-2018).
DISCUSSION
The collective bargaining agreement (CBA) provides for a wage increase for the USW Police
Non -Commissioned members of 1.8% in 2017, and 2.5% in 2018. They will also receive two (2)
floating holidays, and an increase to the shift differential for those employees who work between
the hours of 5:00 pm — 7:00 am. In addition, the USW Police Non -Commissioned members
have agreed to accept the City's Self -Insured Medical Benefit Plan Design changes which will
result in savings to our healthcare plan. Other negotiated changes to this successor labor
agreement resulted in clarification of language and process, for ease of administration
interpretation and application.
RECOMMENDATION
The City Council is being asked to forward the 2017-2018 Collective Bargaining Agreement for
the United Steelworkers (USW) Police Non -Commissioned Local No. 9241 (04) to the Regular
meeting on November 6, 2017, for approval and authorize the Mayor to sign the agreement.
63
64
COUNCIL AGENDA SYNOPSIS
Initials
MeetingDale
Prepared by
Ma yor'.s review
Council review
10/23/17
VL
Motion
Date 10/23/17
DLK
❑ Ordinance
AN Date
11 Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
a Other
AItg
Mtg Date
SPONSOR [Council OMayor HR 11DCD 'Finance ❑Fire ❑TS P&R ❑Police •PIP' •Court
SPONSOR'S King County Metro Regional Mobility Grant (RMG) funding to continue implementation of
SUMMARY Transportation Demand Management (TDM) activities in south King County. The RMG
funding will allow the continuation of a previous partnership with King County Metro for
the expansion of TDM services to all trips in Tukwila and our partner jurisdictions through
targeted marketing and outreach strategies. The Council is being asked to consider and
approve the contract.
REVIEWI3D BY E C.O.W. Mtg.
® Trans &Infrastructure
DATE: 10/10/17
❑ CDN Comm
❑ Finance Comm.
❑ Parks Comm.
COMMITTEE CHAIR:
• Public Safety Comm.
ITEM INFORMATION
ITEM No.
Special
2.C.
65
SI'.AFFSPONSOR: VALERIE LONNEMAN
ORIGINAL AGF,NDADATF,: 10/23/17
AGENDA ITP:A-I TITLE King County Metro Transportation Demand Management (TDM) Agreement 2017-
2019
C:AT1x;oRY Dilcusrion
Mtn Date
2
Motion
Date 10/23/17
❑ Resolution
Mtg Date
❑ Ordinance
AN Date
11 Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
a Other
AItg
Mtg Date
SPONSOR [Council OMayor HR 11DCD 'Finance ❑Fire ❑TS P&R ❑Police •PIP' •Court
SPONSOR'S King County Metro Regional Mobility Grant (RMG) funding to continue implementation of
SUMMARY Transportation Demand Management (TDM) activities in south King County. The RMG
funding will allow the continuation of a previous partnership with King County Metro for
the expansion of TDM services to all trips in Tukwila and our partner jurisdictions through
targeted marketing and outreach strategies. The Council is being asked to consider and
approve the contract.
REVIEWI3D BY E C.O.W. Mtg.
® Trans &Infrastructure
DATE: 10/10/17
❑ CDN Comm
❑ Finance Comm.
❑ Parks Comm.
COMMITTEE CHAIR:
• Public Safety Comm.
NI
Arts Comm.
• Planning Comm.
KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN.
CoMMIYFEE_
Department of Community Development
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $74,205 $
Fund Source: GRANT
Comments: No impact to the general fund (no match required)
MTG. DATE
RECORD OF COUNCIL ACTION
10/23
MTG. DATE
ATTACHMENTS
10/23/17
Informational Memorandum dated 10/10/17 (with attachment)
Minutes
65
66
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Jack Pace, DCD Director
BY: Maggie Lubov, CTR Coordinator
Valerie Lonneman, TDM Coordinator
CC: Mayor Ekberg
DATE: October 6, 2017
SUBJECT: King County Metro Transportation Demand Management Agreement 2017-
2019
ISSUE
King County Metro Regional Mobility Grant (RMG) funding to continue implementation of
Transportation Demand Management (TDM) activities in south King County.
BACKGROUND
The City of Tukwila TDM Program was previously awarded RMG passthrough funding in
2016/17 to enhance TDM services in the south King County cities of Tukwila, Renton, Kent,
SeaTac, Federal Way, and Burien. TDM Program staff implemented outreach on behalf of
Metro's Just One Trip campaign to encourage anyone who lives, works, or spends time in the
target south King County jurisdictions to consider trying an alternative commute or travel mode.
DISCUSSION
A new wave of funding has been secured and offered to the City's TDM Program to continue
general TDM outreach services in south King County and explore opportunities for economies
of scale with ORCA card pass programs at non -CTR affected sites. The implementation will
include use of a new ridesharing/trip logging platform, which will allow the City and County to
assess opportunities for expanding the use such a program.
FINANCIAL IMPACT
There is no impact to the general fund. The funding leverages other TDM Program grants,
allowing for more robust implementation and contributes to sustaining the program's expanded
staff capacity.
RECOMMENDATION
The Council is being asked to approve the King County Metro contract for the Transportation
Demand Management Program in the amount of $75,000 and consider this item on the Consent
Agenda at the October 16 23, 2017 Regular Meeting Special Meeting.
ATTACHMENTS
Attachment A: King County Metro Transportation Demand Management Agreement 2017-2019
67
68
TRANSPORTATION DEMAND MANAGEMENT AGREEMENT
King County, Department of Transportation, Metro Transit Division
and
City of Tukwila, Transportation Demand Management Program
THIS TRANSPORTATION DEMAND MANAGEMENT AGREEMENT (the "Agreement") is made
and entered into by and between the City of Tukwila, a Washington municipal corporation (the "City")
and King County, a home rule charter county of the State of Washington, through its Department of
Transportation, Metro Transit Division (the "County"), either of which entity may be referred to
hereinafter individually as "Party" or collectively as the "Parties."
WHEREAS, the County has entered into a Washington State Department of Transportation ("WSDOT")
Regional Mobility Grant Agreement, number GCB -2288 (the "WSDOT Grant"); and
WHEREAS, the WSDOT Grant has a project scope designed to improve I-90 performance by more
fully integrating the components of Results Washington; and
WHEREAS, the project will help mitigate the impacts of regional construction and traffic delays on
surface streets to maximize person -throughput along the I-405, I-90 and SR 167 and I-5 corridors ; and
WHEREAS, the County will implement the WSDOT Grant by collaborating with local jurisdictions,
Sound Transit and WSDOT to encourage reduction of vehicle trips within the I-90 travel shed through
various transportation demand management ("TDM") activities including outreach, marketing,
promotions and incentives; and
WHEREAS, the City will provide a program that includes TDM services for travelers with an origin or
destination in Tukwila, Renton, SeaTac, Kent, Burien, or Federal Way through an extension of their
residential and employer program entitled South King County Transportation Options and the City' s
Commute Trip Reduction program; and
WHEREAS, using TDM activities the City will market transportation alternatives by supporting and
encouraging residents, employers, property managers, employees and students who are interested in
changing their travel behavior to reduce traffic in Tukwila and improve performance on the impacted
corridors;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth
herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged
by both Parties, the Parties agree as follows:
1. PURPOSE OF AGREEMENT
Transportation Demand Management Agreement
between the City of Tukwila and King County
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The purpose of this Agreement is to establish a mutually beneficial arrangement between the City and
the County that will help both Parties realize their respective TDM objectives by creating a mechanism
to allow the County to reimburse the City for costs incurred to implement a program to provide TDM
services as provided for in the Agreement, including its recitals and exhibits. In consideration of the
City's performance of the tasks and responsibilities set forth in the Agreement, the County will provide
the City with a total of up to $75,000 in funding from the WSDOT Grant. The funds will be used to
assist in financing the City's South King County Transportation Options TDM Program. The work
objectives, budget and timelines are stated in the Scope of Work as set forth in Exhibit A which is
attached hereto and incorporated herein by this reference.
2. AGREEMENT TERM AND MODIFICATIONS
This Agreement shall be effective upon the date that it is signed by both Parties (the "Effective Date"),
and shall remain in effect through June 30, 2019, unless earlier terminated in accordance with Section 7
of the Agreement.
Any changes made within the Scope of Work of this Agreement must be mutually agreed upon by both
Parties in writing. If any such changes cause an increase or decrease in the cost, or in the time, required
for the performance of any work undertaken under this Agreement, an equitable adjustment to the price
or period of performance may be discussed by the Parties and, if the Parties agree on any such proposed
modification, the Agreement shall then be modified in writing accordingly, pursuant to the provisions of
Section 13 of this Agreement.
3. SCOPE OF WORK
The City shall furnish the necessary personnel, equipment, material and/or services and otherwise do all
things necessary for or incidental to the performance of the work required as related to project
performance associated with the Scope of Work described in Exhibit A. The project objectives,
timelines and budget are stated in the Scope of Work described in Exhibit A.
4. INVOICE AND PAYMENT PROCEDURES
The County will reimburse the City for the actual cost of work performed pursuant to this Agreement as
identified in the Scope of Work set forth in Exhibit A to this Agreement. The City shall submit
completed invoice(s) to the County detailing expenses, quarterly activities, deliverables completed,
outcomes and metrics broken out by the cost categories detailed in the budget contained in Exhibit A to
this Agreement. The invoices shall be submitted to the County within thirty (30) days of each quarter's
end. The County will include the information provided by the City in quarterly reports required by
WSDOT where applicable. The City will provide financial information for the last invoice for work
performed and billed to the WSDOT Grant by June 15, 2019 to enable the County to accrue the billing
with WSDOT. The City will then prepare and submit the final billing on the WSDOT Grant within
thirty (10) calendar days after June 30, 2019. The County shall pay the City within thirty (30) calendar
days after the County has received completed invoices and approved them for payment. In no event
shall the total reimbursement to the City for work performed pursuant to this Agreement exceed $75,000
(the "Reimbursement Cap").
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In the event that it is determined that an overpayment has been made to the City by the County, the
County will bill the City for the amount of overpayment. The City shall pay the County within thirty
(30) days of receipt of an invoice for overpayment. Upon expiration of the Agreement, any claim for
payment not already made shall be submitted within thirty (30) days after expiration of the Agreement.
5. SUBCONTRACTS
This Agreement is subject to the requirements of the WSDOT Grant, pursuant to which the County, as
the grantee, agreed to include Sections 9 through 17 of the WSDOT Grant, attached hereto as Exhibit B
and incorporated herein by this reference, in each subgrant and in all contracts it enters into for the
employment of any individuals, procurement of any incidental goods or supplies, or the performance of
any work to be accomplished with WSDOT Grant funds. The County further agreed that those clauses
shall not be modified in any such subcontract, except to identify the subgrantee or other person or entity
that will be subject to its provisions. As a subgrantee of the County, the City agrees to comply with the
requirements of Exhibit B, include the terms of Exhibit B in any contract it enters into pursuant to this
Agreement for any work to be accomplished with WSDOT Grant funds, and ensure that any of its
subcontractors comply with the requirements of Exhibit B when performing work pursuant to this
Agreement with WSDOT Grant funds.
6. DISPUTE RESOLUTION PROCESS
6.1 Designated Dispute Resolution Representatives. The following individuals are the
Designated Representatives for the purpose of resolving disputes that arise under this
Agreement:
For the County:
For the City of Tukwila:
Bill Bryant, Managing Director
Metro Transit Service Development
201 South Jackson Street, M/S KSC-TR-0442
Seattle, WA 98104
(206) 477-6456
Bill.Bryant@lcingcounty.gov
Peggy McCarthy, Finance Director
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1838
Peggy.McCarthy@TukwilaWA.gov
6.2 The County representative and the City representative shall confer to resolve disputes that arise
under this Agreement as requested by either Party. The designated representatives shall use
their best efforts and exercise good faith to resolve such disputes.
Transportation Demand Management Agreement
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71
6.3 In the event the Designated Representatives are unable to resolve the dispute, the appropriate
City Administrator or her/his designee and the General Manager of the County's Metro Transit
Division or her/his designee shall confer and exercise good faith to resolve the dispute.
6.4 In the event the City Administrator and the General Manager of Metro Transit are unable to
resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-
binding mediation. The Parties shall then seek to mutually agree upon the mediation process,
who shall serve as the mediator, and the time frame the Parties are willing to discuss the disputed
issue(s).
6.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation
process, who shall serve as mediator, or the mediation is not successful, then either Party may
institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless
another venue is mutually agreed to in writing.
6.6 The Parties agree that they shall have no right to seek relief in a court of law until and unless
each of the above procedural steps has been exhausted.
7. TERMINATION
7.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty (30) days
written notice to the other Party. In the event of termination of this Agreement, the Parties shall
be liable only for performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
7.2 Termination for Cause. If either Party does not fulfill in a timely and proper manner its
obligations under this Agreement, or if either Party violates any of these terms and conditions,
the aggrieved Party will give the other Party written notice of such failure or violation. The
responsible Party will be given the opportunity to initiate a correction of the violation or failure
within fifteen (15) calendar days. If failure or violation is not corrected within the mutually
agreed upon time period, this Agreement may be terminated immediately by written notice of the
aggrieved Party to the other.
7.3 Termination for Non -Appropriation or Loss of Grant Funding. In addition to termination for
default, the County may terminate this Agreement for non -appropriation or loss of the WSDOT
Grant funding by giving not less than thirty (30) calendar days' written notice thereof to the City.
8. LEGAL RELATIONS
8.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the
Parties hereto and gives no right to any other person or entity.
8.2 No Partnership or Joint Venture. No joint venture, agent -principal relationship or partnership is
formed as a result of this Agreement.
Transportation Demand Management Agreement
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8.3 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party
without the prior written consent of the other Party.
8.4 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.
8.5 Applicable Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Washington.
8.5 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
8.6 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions
hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both
Parties, and the language in all parts of this Agreement shall, in all cases, be construed according
to its fair meaning and not strictly for or against either Party.
8_7 Survival. Each of the provisions of this Section 8 (Legal Relations) shall survive the expiration
or any earlier termination of this Agreement.
9. FORCE MAJEURE
Either Party to this Agreement shall be excused from performance of its responsibilities and obligations
under this Agreement, and shall not be liable for damages due to failure to perform, during the time and
to the extent that it is prevented from performing by a cause directly or indirectly beyond its control,
including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any
incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots,
insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material,
products, or facilities by the federal, state or local government; or national fuel shortage; when
satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that
such non-performance is beyond the control and is not due to the fault or negligence of the Party not
performing.
10. INDEMNIFICATION
Both Parties shall protect, defend, indemnify and save harmless each other, their officers, employees,
and agents while acting within the scope of their employment as such, from any and all costs, claims,
judgments, and/or awards of damages, arising out of or in any way resulting from either Party's
negligent acts or omissions in performing their obligations under this Agreement. The Parties agree that
they are fully responsible for the acts and omissions of their own contractors, subcontractors, employees,
and agents, acting within the scope of their employment as such, as they are for the acts and omissions
of its own employees and agents. The Parties agree that their obligations under this provision extend to
any claim, demand, and/or cause of action brought by or on behalf of any of their employees or agents.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of both Parties
Transportation Demand Management Agreement
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73
immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the Parties only, and
only to the extent necessary to provide the Parties, their officers, employees, and agents with a full and
complete indemnity of claims made by the Parties employees. The Parties acknowledge that these
provisions were specifically negotiated and agreed upon by them. The provisions of this Section 10
shall survive the expiration or any earlier termination of this Agreement.
11. 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 a writing signed by an authorized representative of the Party and
attached to the original Agreement.
12. 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.
13. AMENDMENTS
This Agreement may be changed, modified, or amended only by written agreement executed by
authorized representatives of both Parties.
14. REPRESENTATION ON AUTHORITY OF SIGNATORIES
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
15. ALL TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the Parties hereto.
16. CONTRACT MANAGEMENT
16.1 Notice. Any notice or communication required or permitted to be given pursuant to this
Agreement shall be in writing, and shall be sent postage prepaid by U.S. Mail, return receipt
requested, to the contact persons and addresses identified in Subsection 16.2 of this Agreement
unless otherwise indicated by the Parties in writing. The contact information identified in
Subsection 16.2 may be updated by either Party for their agency only and shall be submitted in
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 6 of 14
74
writing or electronic mail to the other Party. Any update to the Contract Managers identified in
Subsection 16.2 shall state the effective date of said update.
16.2 Contact Person and Contact Information. The contact persons for the management and
administration of this Agreement are as follows:
Contract
Manager
City of Tukwila
King County
Contact Name
Valerie Lonneman
Debbie Jaksich
Title
Transportation Demand Management
Coordinator
Program/Project Manager III
King County
Address
6300 Southcenter Blvd., Suite 100,
Tukwila, WA 98188
201 S. Jackson St.
M/S KSC-TR-0411
Seattle, WA 98104
Telephone
206-433-7140
206- 477-5836
E -Mail
Valerie.Lonneman@TukwilaWA.gov
debbie.jaksich@kingcounty.gov
17. EXECUTION OF AGREEMENT
This Agreement may be executed in multiple counterparts, any one of which shall be regarded for all
purposes as an original.
IN WITNESS THEREOF the Parties hereto have executed this Agreement by duly authorized
representatives on the dates shown below their respective signatures.
KING COUNTY CITY OF TUKWILA
By: By:
Rob Gannon, General Manager Allan Ekberg, Mayor
Metro Transit Division City of Tukwila
King County Department of Transportation
Date: Date:
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 7 of 14
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Exhibit A
2017-2019 Tukwila Scope of Work
I-90 Regional Mobility Grant
The purpose of the I-90 Regional Mobility Grant (RMG) is to provide Transportation Demand
Management (TDM) services along the I-90, I-405, I-5, and SR 167 and SR 520 corridors, to reduce
congestion and increase mobility. The program will promote the use of transportation alternatives to
driving alone through outreach, marketing, incentives, education, assistance, and information.
The City will provide TDM services for travelers with an origin or destination in the cities of Tukwila,
Renton, Kent, SeaTac, Federal Way, and Burien through an extension of their Regional CMAQ
residential and employer program, South King County Transportation Options, and the City's Commute
Trip Reduction program.
The City and the County will mutually agree on messaging that will be included on program materials
for marketing and outreach purposes.
These services will be provided for the time period beginning with the execution of the agreement and
ending June 30, 2019.
Scope of Services
The City of Tukwila TDM Program will target residents, employees and employers that are open to
using commute alternatives and for whom these alternatives are a viable option. As described below, the
program will:
• Educate residents and employees on available commute alternatives to driving alone
when traveling in the I-90 travel shed;
• Provide rewards and incentives related to transportation through expansion of new ridesharing
platform pilot;
• Work to improve people's perceptions of these alternatives;
• Explore options for capital improvements such as bike lockers, bike racks, bike repair stations,
wayfinding signage, etc.
• Communicate the goals of keeping traffic moving and other topics related to road construction
and information; and
• Educate employers on available commute benefit strategies and programs.
An evaluation of the program will be provided to the County by June 15, 2019, outlining what has been
accomplished in the program and including trip reduction data, during the period following the
execution of the agreement through the end of May 2019. The final invoice for this scope of work shall be
submitted to the County no later than July 5, 2019.
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 8 of 14
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Program Description
Issue/Problem
Sites not affected by the CTR law may receive limited or no transportation benefits/support. Smaller
sites often have difficulty allocating funding for transportation assistance or education. Sites housed
within larger centers may not have a direct role in parking management, which further limits their ability
to leverage funds for alternative transportation programs.
Goals:
• Increase the use of and access to transit and other alternative modes of transportation in South
King County (increase NDAT and decrease VMT)
• Reduce congestion along major regional corridors, including I-90, I-5 and I-405
• Reduce administrative burden at individual sites by clustering sites into one program at large
centers.
Potential Trip Markets
• Employment sites with clusters of non -CTR affected employers
• Multi -family residences (affordable and market rate housing)
• Schools
Potential sites for a pilot program include:
o Sea -Tac Airport (partner with Port Jobs, Port of Seattle, City of SeaTac)
o Westfield Southcenter Mall and/or other retail centers (partner with individual
employers)
o Affordable and market rate or mixed income multifamily housing sites throughout
Tukwila, SeaTac, Renton, Kent, Federal Way, and Burien (partner with King County
Housing Authority, Hopelink, other non -profits and affordable housing sites)
o Highline Community College (existing partnership for Public Transportation Options
training sessions through Hopelink subcontract)
Strategies
This program will market transportation alternatives through a direct, individualized approach
supporting and encouraging residents, employees and college students to change their travel behavior
and will include Just One Trip program messaging as provided by King County.
Methodology will include individualized marketing; social marketing; and engaging community and
residential groups, individuals, businesses and other targeted groups of corridor users. Marketing will
focus on alternative transportation options such as transit, vanpool, and carpool, biking and walking for
both commute and personal trips.
Social marketing strategies may include pledge commitments; online trip logs to identify mode changes
through platforms such as RideshareOnline.com; incentives such as paying down the cost of non -drive -
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 9 of 14
78
alone trips and discounts/coupons for local businesses; and use of social media and traditional media to
guide perceptions of transportation -related social norms.
Capital improvements to biking and walking infrastructure to promote active transportation.
Strategies may include, but are not limited to:
• Administration of transportation behavior survey.
• Education and training on transportation options.
• Distribution of ORCA cards loaded with E -Purse, monthly or annual transportation passes for
employers or sites.
• Exploration of opportunities to centralize facilitation of alternative ORCA passport programs,
including incorporation of reduced fare cards for individuals who qualify for ORCA Lift or
RRFP.
• Installation of bicycle and pedestrian amenities.
• Distribution of safety/visibility gear for active transportation.
• Expand new ridesharing/trip logging pilot program. Basic features of the ridesharing platform to
be piloted (RideShark) include:
o Trip logging via web and mobile app
o Multi -modal trip planning
o Ride matching for biking, walking, transit, carpool, and vanpool
o Incentive management
o Updated data collection and management
o Unlimited subsites with the potential to develop customizable webpages for
employers/sites
Additional incentives may be used, such as rewards for ridematch events and community transportation
fairs.
Potential for Scalability
This project will test two new techniques that both have potential for scalability:
• Centralized facilitation of ORCA card E -Purse, monthly and/or annual pass for non -CTR
affected sites.
• New ridesharing platform with app -based software to facilitate user-friendly trip logging, data
collection, and incentives.
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 10 of 14
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Anticipated Schedule and Deliverables
Deliverable
Target Dates
Establishment of contract with RideShark for one-year pilot program
October 2017
Personalized trip planning assistance and employer/property
manager consultations
through May 30, 2019
Outreach to community groups, resident groups, individuals,
employers, property managers, and other targeted groups of corridor
users to promote use of non -drive alone travel
through May 30, 2019
Track employer/property manager correspondence and participation in
incentive programs
through May 30, 2019
Distribute information to employees through various means
including ridesharing platform and social media
through May 30, 2019
Hold transportation trainings at interested worksites
through May 30, 2019
Submit progress reports, metrics, and invoices that include labor hours
and receipts for reimbursable expenses, at least quarterly
through May 30, 2019
Anticipated Budget through June 30, 2019
Project Element
Labor
Incentives/ORCA Cards/Bicycle & Pedestrian Amenities
Marketing Materials
Total Project Cost
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 11 of 14
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Budget
$40,000
$27,000
$8,000
$75,000
Exhibit B
Assignments and Subcontracts
A. Unless otherwise authorized in advance and in writing by WSDOT, the CONTRACTOR shall not
assign any portion of the Project or execute any contract, amendment, or change order thereto, or obligate
itself in any manner with any third party with respect to its rights and responsibilities under this
AGREEMENT.
B. The CONTRACTOR agrees to include Sections 9 through 17 of this AGREEMENT in each
subcontract and in all contracts it enters into for the employment of any individuals, procurement of any
incidental goods or supplies, or the performance of any work to be accomplished under this
AGREEMENT. It is further agreed that those clauses shall not be modified in any such subcontract,
except to identify the subcontractor or other person or entity that will be subject to its provisions. In
addition, the following provision shall be included in any advertisement or invitation to bid for any
procurement by the CONTRACTOR under this AGREEMENT:
Statement of Financial Assistance:
"This AGREEMENT is subject to the appropriations of the State of Washington."
Section 9
No Obligation by the State Government
No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability for
WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding
its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof.
Section 10
Personal Liability of Public Officers
No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection
with this AGREEMENT, it being understood that in such matters they are acting solely as agents of
WSDOT.
Section 11
Ethics
A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend
any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor
shall CONTRACTOR rent or purchase any equipment and materials from any employee or officer of
WSDOT.
B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall
not engage on a full-time, part-time, or other basis during the period of this AGREEMENT, any
professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of WSDOT without written consent of WSDOT.
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 12 of 14
81
Section 12
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but
not limited to, those concerning employment, equal opportunity employment, nondiscrimination
assurances, project record keeping necessary to evidence compliance with such federal and state laws and
regulations, and retention of all such records. The CONTRACTOR will adhere to all of the
nondiscrimination provisions in chapter 49.60 RCW.
Section 13
Environmental Protection
The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW "State
Environmental Policy Act" (SEPA).
Section 14
Accounting Records
A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established accounting system
that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices,
contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project
shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent
feasible, kept separate from documents not pertaining to the Project.
B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all
allowable costs charged to the Project, including any approved services contributed by the
CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers
describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain
accurate records of all program income derived from implementing the Project.
Section 15
Audits, Inspection, and Retention of Records
A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of
the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any
data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT
may require. Project closeout does not alter these recording and record-keeping requirements. Should an
audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned
six-year period then the CONTRACTOR' s obligations hereunder shall be extended until the conclusion
of that pending audit, enforcement, or litigation process.
B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by
WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit
responsibilities.
C. Inspection. The CONTRACTOR agrees to permit WSDOT and the State Auditor, or their authorized
representatives, to inspect all Project work materials, payrolls, and other data, and to audit the books,
records, and accounts of the CONTRACTOR and its subcontractors pertaining to the Project. The
CONTRACTOR agrees to require each third party to permit WSDOT, and the State Auditor or their duly
authorized representatives, to inspect all work, materials, payrolls, and other data and records involving
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 13 of 14
82
that third party contract, and to audit the books, records, and accounts involving that third party contract
as it affects the Project.
Section 16
Labor Provisions
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project
work which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess
of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in
such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations.
Section 17
Changed Conditions Affecting Performance
The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law,
or of any other event, which may affect its ability to perform the Project in accordance with the provisions
of this AGREEMENT.
Transportation Demand Management Agreement
between the City of Tukwila and King County
Page 14of14
83
84
City of Tukwila
City Council Transportation & Infrastructure Committee
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
October 10, 2017 - 5:30 p. m. - Foster Conference Room, 6300 Building
Councilmembers: Kate Kruller, Chair; Joe Duffie, Dennis Robertson
Staff: Robin Tischmak, Gail Labanara, Pat Brodin, Mike Cusick, Jack Pace, Valerie
Lonneman, Laurel Humphrey
CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m.
1. PRESENTATIONS
II. BUSINESS AGENDA
A. Supplemental Agreement: Central Business District Sanitary Sewer Rehabilitation
Staff is seeking Council approval of supplemental agreement No. 3 with RH2 Engineering, Inc. in the
amount of $4,989.43 for additional services for the CBD Sanitary Sewer Rehabilitation Project. RH2
is designing the project to repair and reline the remaining sewer pipe in the CBD, and this
supplement will include the use of ultraviolet cured in place pipe lining as an option to steam cured
felt liner. The project completion is now estimated to be January 31, 2018. The original contract
with supplements is $41,382.28 and under the total budget of $45,000. UNANIMOUS APPROVAL.
FORWARD TO OCTOBER 16, 2017 REGULAR CONSENT AGENDA.
B. WSDOT Transportation Demand Management Program Allocation 2017-2019
Staff is seeking Council approval of a WSDOT allocation contract for the Transportation Demand
Management (TDM) Program in the amount of $74,205.00. The TDM Program provides technical and
personalized training and assistance to employers providing TDM programs for their employees.
The City also partners with regional agencies to coordinate, implement and promote trip reduction
activities and is currently implementing two federal congestion mitigation grants. WSDOT has
provided a biennial allocation to the City since 1993 and this proposed contract for 2017-2019 is a
renewal of previous allocations. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 16, 2017
REGULAR CONSENT AGENDA.
C. King County Metro Transportation Demand Management Agreement 2017-2019
*Staff is seeking Council approval of a contract with King County for 1-90 Regional Mobility Grant
funding to continue implementation of Transportation Demand Management (TDM) activities in
south King County. The purpose of this grant is to provide TDM services along the 1-90,1-405, SR 167
and SR 520 corridors to reduce congestion and increase mobility. The City will provide services for
travelers with an origin or destination in Tukwila, Renton, Kent, SeaTac, Federal Way, and Burien,
including education, rewards and incentives, capital improvement recommendations, and more
TDM related activities. The City must provide a program evaluation to the County by June 15, 2019.
UNANIMOUS APPROVAL. FORWARD TO OCTOBER 16, 2017 REGULAR CONSENT AGENDA.
85
86
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Ajay '.r review
Council review
10/23/17
VL
❑ Resolution
Mtg Date
DLR
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR [Council ❑Mayor ❑HR ®DCD Finance ❑Fire "ITS ❑P&R ❑Police ❑PIF ❑Court
SPONSOR'S Biennial Washington State Department of Transportation (WSDOT) Transportation Demand
SUMMARY Management (TDM) allocation for 2017-2019. WSDOT has provided a biennial allocation for
the City's TDM Program since 1993. The GCB2744 contract for 2017-2019 is a renewal of
previous allocation contracts for the Commute Trip Reduction (CTR) Program. The Council
is being asked to consider and approve the contract.
REVIEWED BY
E C.O.W.
Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KRULLER
Trans &Infrastructure
DATE: 10/10/17
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Department of Community Development
ITEM INFORMATION
ITEM No.
Special
2.D.
87
STAI+ SPONSOR: VALERIE LONNEMAN
ORIGINAL AGENDA DAI'I : 10/23/17
AGENDA ITI i TITLE WSDOT Transportation Demand Management (TDM) Program Allocation 2017-2019
CATEGORY Discussion
Mtg Date
® Motion
A1tg Date 10/23/17
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR [Council ❑Mayor ❑HR ®DCD Finance ❑Fire "ITS ❑P&R ❑Police ❑PIF ❑Court
SPONSOR'S Biennial Washington State Department of Transportation (WSDOT) Transportation Demand
SUMMARY Management (TDM) allocation for 2017-2019. WSDOT has provided a biennial allocation for
the City's TDM Program since 1993. The GCB2744 contract for 2017-2019 is a renewal of
previous allocation contracts for the Commute Trip Reduction (CTR) Program. The Council
is being asked to consider and approve the contract.
REVIEWED BY
E C.O.W.
Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KRULLER
Trans &Infrastructure
DATE: 10/10/17
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Department of Community Development
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRE AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $74,205 $
Fund Source: GRANT
Comments: No impact to the general fund (no match required)
MTG. DATE
RECORD OF COUNCIL ACTION
10/23
MTG. DATE
ATTACHMENTS
10/23/17
Informational Memorandum dated 10/10/17 (with attachment)
Minutes
87
88
TO:
FROM:
BY:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Committee
Jack Pace, DCD Director
Maggie Lubov, CTR Coordinator
Valerie Lonneman, TDM Coordinator
CC: Mayor Ekberg
DATE: October 6, 2017
SUBJECT: WSDOT Transportation Demand Management (TDM) Program Allocation
2017-2019
ISSUE
Biennial Washington State Department of Transportation (WSDOT) Transportation Demand
Management (TDM) allocation for 2017-2019 (formerly Commute Trip Reduction (CTR)
Program)
BACKGROUND
History and summary of the current TDM Program in Tukwila:
• The program name has changed from Commute Trip Reduction (CTR) Program to
Transportation Demand Management (TDM) Program in accordance with WSDOT change
in nomenclature.
• The City's TDM Program is mandated by state and operational since 1991.
• The CTR Ordinance was updated and adopted in 2008, along with development of Tukwila's
Local CTR Plan and Growth Transportation Efficiency Center (GTEC) Plan.
• 20 Tukwila employers (including the City of Tukwila) provided TDM programs for their
employees in the 2015/2016 survey cycle. The number of affected CTR sites is updated
annually by the City based on state criteria and represents a snapshot at the time. This
compares to the City of Renton with 11 affected employers, the City of Kent with 24 affected
employers, Federal Way with 8 affected employers, and the City of SeaTac with 13 affected
employers in the 2015/2016 survey cycle.
• Employers are required to complete alternating biennial CTR Program Reports and Program
Surveys to track progress toward goals.
The City provides many services to assist CTR -affected and non -affected employers with
implementation of TDM Programs, including the following:
• Technical assistance given to all employers within the city, including access to statewide
promotions such as Wheel Options and other monthly incentive programs, such as Bike to
Work Month, administered through Rideshareonline.com.
• Annual report and survey training and Employee Transportation Coordinator (ETC) training
provided for all CTR sites.
• Personalized assistance for ETCs and employees at all employer worksites.
The City of Tukwila works closely with local agencies such as King County, local jurisdictions,
WSDOT, the Puget Sound Regional Council, and others to coordinate, implement, and promote
trip reduction activities and provide policy direction. The TDM Program is currently implementing
two federally funded Congestion Mitigation Air Quality (CMAQ) Improvement Programs (one
local, one regional) through December 2017 and December 2018, respectively.
89
INFORMATIONAL MEMO
Page 2
DISCUSSION
WSDOT has provided a biennial allocation for the City's TDM Program since 1993. The
GCB2744 contract for 2017-2019 is a renewal of previous allocation contracts and is in the
amount of $74,205.00, consistent with previous contracts.
FINANCIAL IMPACT
There is no impact to the general fund. The allocation provides a consistent source of funding
for the TDM Program, which is leveraged by several concurrent Transportation Demand
Management grants.
RECOMMENDATION
The Council is being asked to approve the WSDOT allocation contract for the Transportation
Demand Management Program in the amount of $74,205.00 and consider this item on the
Consent Agenda at the October 16 23, 2017 Regular Meeting Special Meeting.
ATTACHMENTS
Attachment A: GCB2744 WSDOT Transportation Demand Management Implementation
Agreement 2017-2019
Z:\Council Agenda Items IDCDITDM Program WSDOT Contract12017-2019 WSDOT Contract_InfoMemo.docx
90
Transportation Demand Management
Implementation Agreement
Washington State Department of
Transportation
310 Maple Park Avenue SE
PO Box 47387
Olympia, WA 98504-7387
Contact Person: Kathy Johnston 360-705-7845
Contractor
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
Contact Person: Margaret Lubov 206-433-7142
Project Cost:
State Funds $74,205
Contractor Funds $ 0
Total Project Cost $74,205
Federal ID #: 91-6001519
Scope of Project: As set forth in Exhibit 1, Project
Scope of Work.
Agreement Number: GCB2744
UPIN: PTTD805
Term of Project:
July 1, 2017 through June 30, 2019
Service Area: Tukwila
This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as
"WSDOT" and the Contractor identified above, hereinafter referred to as "CONTRACTOR", and/or individually
referred to as the "PARTY" and collectively referred to as the "PARTIES."
WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state's leadership role, and the requirements
and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs,
including transportation demand management programs for growth and transportation efficiency centers ("GTEC")
in Washington State; and
WHEREAS, RCW 47.06.050 requires that when planning capacity and operational improvements, the State's first
priority is to assess strategies to enhance the operational efficiency of the existing system, and states that strategies to
enhance the operational efficiencies include, but are not limited to, access management, transportation system
management, and demand management ("Strategies"); and
WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita vehicle miles traveled, to
consider efficiency tools including commute trip reduction and other demand management tools, and to promote the
integration of multimodal planning in support of the transportation system policy goals described in RCW 47.04.280;
and
WHEREAS, the Legislature has directed the State to increase the integration of public transportation and the highway
system, to facilitate coordination of transit services and planning, and to maximize opportunities to use public
transportation to improve the efficiency of transportation corridors (RCW 47.01.330); and
WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for cooperation to
achieve statewide and local transportation goals; and
WHEREAS, the State of Washington in its Sessions Laws of 2017, Chapter 313 Section 220 (6) and (7), authorizes
funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through
the multi -modal transportation account as identified in the budget through its 2017-2019 biennial appropriations to
WSDOT; and
WHEREAS the WSDOT Public Transportation Division is responsible for administering funds on behalf of the
Washington State Legislature;
NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and
the attached Exhibit 1, "Project Scope of Work," and Exhibit 2, "Project Progress Reports," Exhibit 3, Invoice
Voucher Template and Exhibit 4, Final Project Progress Report, IT IS MUTUALLY AGREED AS FOLLOWS:
GCB2744 Page 1 of 13
91
Section 1
Purpose of Agreement
A. The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for
activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the
"Project."
B. If this AGREEMENT is used as match for any other related projects with federal funds, in addition to the
requirements of Sections 1 through 22 of this AGREEMENT, the CONTRACTOR must assume full responsibility
for complying with all federal rules and regulations consistent with the requirements imposed by use of the federal
funds on any such related project(s), including but not limited to Title 23 of the U.S. Code, Highways, as
applicable, the regulations issued pursuant thereto, 2 CFR Part 200, and 2 CFR Part 1201. The CONTRACTOR
must also assume full responsibility for compliance with Federal Highway Administration's (FHWA) Required
Contract Provisions Federal -Aid Construction Contracts, FHWA 1273, which may be found here,
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf , and any amendments thereto; and/or the Federal
Transit Administration Master Agreement 23, which may be found here,
https://www.transit.dot. gov/sites/fta.dot. gov/files/FTA%20Master%20Agreement%20FY2017%20%2010-1-
2016.pdf, and any amendments thereto.
Section 2
Scope of Work
The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in
Exhibit 1, "Project Scope of Work," attached hereto and by this reference is incorporated into this AGREEMENT.
Section 3
Term of Project
The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space
header above titled "Term of Project" of this AGREEMENT regardless of the date of execution of this AGREEMENT,
unless terminated as provided herein. The caption space header above entitled' "Term of Project" and all caption space
headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein.
Section 4
Project Costs
The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State Funds" detailed in
the caption space header above titled "Project Costs." The CONTRACTOR agrees to expend eligible "State Funds"
together with any "Contractor Funds" identified above in the caption space header "Project Costs," in an amount
sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work." If at any time the CONTRACTOR
becomes aware that the cost that it expects to incur in the performance of this AGREEMENT will differ from the
amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in
writing within three (3) business days of making that determination.
Section 5
Reimbursement and Payment
A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures
incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is
subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and
expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial
information as required in Section 7 — Progress Reports may delay payment. The CONTRACTOR must submit an
invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is attached hereto as Exhibit
3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may
be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT.
If approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice.
B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an invoice for
completed work in the same state fiscal period, as defined in RCW 43.88, starting on July 1 and ending on June 30
the following year within the timeframe set forth in the caption space header of this AGREEMENT entitled "Term of
Project" during which the work was performed. Reimbursement requests must be received by July 15 of each state
fiscal period. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide
an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any
subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. Any
payment request received after the timeframe prescribed above will not be eligible for reimbursement.
GCB2744 Page 2 of 13
92
Section 6
Project Records
The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts
within the framework of an established accounting system in order to sufficiently and properly reflect all eligible
direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred
to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by
properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the
nature and propriety of the costs claimed.
Section 7
Progress Reports
The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and
accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as
prescribed by WSDOT on the forms provided in Exhibit 2, "Project Progress Report" and/or as provided and modified
by WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT. The CONTRACTOR
shall provide a final progress report, as prescribed in Exhibit 4, "Final Project Progress Report" and/or as provided by
WSDOT staff, attached hereto and by this reference incorporated into this AGREEMENT, with any changes to the
form applied according to the agreement modification process in Section 9. Progress reports shall be submitted to
WSDOT no later than forty-five (45) days from the end of each calendar quarter.
Section 8
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives, shall have full access to and the right to examine, during
normal business hours and as often as they deem necessary, all of the CONTRACTOR's records with respect to all
matters covered by this AGREEMENT. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the CONTRACTOR shall retain all
documents, papers, accounting records, and other materials pertaining to this AGREEMENT for six (6) years from
the date of completion of the Project or the Project final payment date. However, in case of audit or litigation
extending past that six (6) years period, then the CONTRACTOR must retain all records until the audit or litigation
is completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any subcontractors
of CONTRACTOR comply with the provisions of this section and provide, WSDOT, the State Auditor, and any of
their representatives, access to such records within the scope of this AGREEMENT.
Section 9
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such
changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No
variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by
authorized representatives of the PARTIES hereto, provided, however, that changes to the project title, federal ID
number, UPIN the contact person of either PARTY, or dollar amount changes that do not affect the project total cost,
will not require a written amendment, but will be approved and documented by WSDOT through an administrative
revision. WSDOT shall notify the CONTRACTOR of the revision in writing.
B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under
this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT,
providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase
in funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under
this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT
providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such
reduction of funding.
Section 10
Recapture Provision
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions
of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of
noncompliance. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty
(30) days of demand.
GCB2744 Page 3 of 13
93
Section 11
Disputes
A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this
AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public
Transportation Division's Statewide Transportation Demand Management Programs Manager or the WSDOT Public
Transportation Statewide Transportation Demand Management Programs Manager's designee who will issue a written
decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final
and conclusive unless within ten calendar (10) days from the date of CONTRACTOR'S receipt of WSDOT's written
decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public
Transportation Division or the Director's designee. In connection with any such appeal the CONTRACTOR shall be
afforded an opportunity to offer material in support of its position. The CONTRACTOR's appeal shall be decided in
writing within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the
Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by
the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue
performance under this AGREEMENT while matters in dispute are being resolved.
Section 12
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this
AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by
written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT
termination provisions including but not limited to the settlement terms, conditions, and in the case of partial
termination the portion to be terminated. Written notification must set forth the reasons for such termination, the
effective date, and in case of a partial termination the portion to be terminated. However, if, in the case of partial
termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which
the award was made, WSDOT may terminate the award in its entirety. The PARTIES may terminate this
AGREEMENT for convenience for reasons including, but not limited to, the following:
1. The requisite funding becomes unavailable through failure of appropriation or otherwise;
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial
results commensurate with the further expenditure of funds;
3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order
of the President with respect to the prosecution of war or in the interest of national defense; or an Executive
Order of the President or Governor of the State with respect to the preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary,
special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance
of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the
CONTRACTOR; or
5. The State Govemment determines that the purposes of the statute authorizing the Project would not be
adequately served by the continuation of financial assistance for the Project;
6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the
CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred
prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If
the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will
account for the same, and dispose of it in the manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in
part, and all or any part of the financial assistance provided herein, at any time by written notice to the
CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this
AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the
procedures of this AGREEMENT would have required the approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington
state laws, or local governmental laws under which the CONTRACTOR operates;
3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers
substantial performance of the Project; or
GCB2744 Page 4 of 13
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4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in violation of,
any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR
setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by
WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not
the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: (a)
allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or (b)
treat the termination as a termination for convenience.
C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the
CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure
the defect. In such case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach
or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT
shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR.
Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all
available remedies against CONTRACTOR and its sureties for said breach or default.
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term
or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding
breach of that or of any other term, covenant, or condition of this AGREEMENT.
E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the AGREEMENT
to be terminated or discontinued before the specified end date set forth in the caption header, "Term of Project", shall
require WSDOT to amend the AGREEMENT to reflect the termination date and reason for termination.
Section 13
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law,
shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 14
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver
by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy
available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of
grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach,
or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to
any breach or default.
Section 15
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in
this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the
offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT
and WSDOT shall not be held liable for any advice offered to the CONTRACTOR.
Section 16
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process
and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages,
or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising
out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to
perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents,
employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR,
its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to
indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are
caused by the acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold
harmless provision shall survive termination of this AGREEMENT.
GCB2744 Page 5 of 13
95
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the
CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the
employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees
and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically
waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce
the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall
be recoverable by the prevailing PARTY.
Section 17
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof
shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to
institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto
agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston
County.
Section 18
Compliance with Laws and Regulations
The CONTRACTOR agrees to abide by all applicable State laws and regulations, including, but not limited to those
concerning employment, equal opportunity employment, nondiscrimination assurances, Project record keeping
necessary to evidence AGREEMENT compliance, and retention of all such records. The CONTRACTOR will adhere
to all of the nondiscrimination provisions in Chapter 49.60 RCW. The CONTRACTOR will also comply with the
Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, including any amendments thereto which
provides comprehensive civil rights protection to individuals with disabilities in the areas of employment public
accommodations, state and local government services and telecommunication.
Section 19
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the
validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such
remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No
controversy concerning any covenant or provision shall delay the performance of any other covenant or provision
except as herein allowed.
Section 20
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original
having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed
counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof.
Section 21
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington,
Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and
liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity
as Director of the Public Transportation Division.
Section 22
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective
agency(ies) and/or entity(ies) to the obligations set forth herein.
GCB2744 Page 6 of 13
96
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last
signed below.
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
Brian Lagerberg, Director Authorized Representative
Public Transportation Division
Title
Print Name
Date Date
APPROVED AS TO FORM BY:
Susan Cruise
Assistant Attorney General
9/11/2017
Date
GCB2744 Page 7 of 13
97
EXHIBIT 1
Project Scope of Work
Commute Trip Reduction (CTR)
1. Scope of Work
A. Administrative Work Plan
The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first
quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner.
The administrative work plan will include the following elements:
1. The work plan shall identify the deliverables, schedule, expected outcomes, performance
measures and the budget specific to strategies associated with this AGREEMENT and
other strategies as defined in the approved and locally adopted CTR or GTEC plans.
These plans may include, but are not limited to, recruiting new employer worksites,
reviewing employer programs, administering surveys, reviewing program exemption
requests, providing employer training, providing incentives, performing promotion and
marketing, and providing emergency ride home and other commuter services.
2. The administrative work plan budget shall identify how the CONTRACTOR will use the
state funds provided in this AGREEMENT for each task. The work plan shall also
provide an estimate of the other financial resources not provided in this AGREEMENT
that will be used to complete each task.
3. The administrative work plan must be approved in writing by the WSDOT Project
Manager, and shall be incorporated as a written amendment to the AGREEMENT. The
administrative work plan may be amended based on mutual written agreement between
the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a
written amendment to this AGREEMENT.
B. Work to be Performed
The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR)
ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees
to implement a CTR program based on the approved administrative work plan and the draft or
adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance.
C. Use of State Funds for Incentives//
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance
with incentives guidance that WSDOT shall provide to the CONTRACTOR.
D. Quarterly Progress Reports and Invoices
The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified
by WSDOT in Section 7 — Progress Reports of the AGREEMENT, in Exhibit 2, "Project Progress
Report", and as integrated with the deliverables identified in the administrative work plan, along with
all invoices in accordance with Section 5 — Reimbursement and Payment of the AGREEMENT. All
invoices shall be complete and accurately reflect actual State funded expenditures. Only those
activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed
by WSDOT.
E. Final Progress Report
The CONTRACTOR agrees to submit to WSDOT a fmal progress report, a template of which is
attached hereto as Exhibit 4, "Final Project Progress Report," to replace the last quarterly progress
GCB2744 Page 8 of 13
98
report in the period of the AGREEMENT. The final progress report shall provide an estimate of any
other financial resources not provided in this AGREEMENT that were used to complete each task and
shall provide a list of the funds provided in this AGREEMENT that were disbursed by the
CONTRACTOR to its eligible contracting partner(s).
F. Funding Distribution
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit
agencies, Transportation Management Associations, and Metropolitan Planning Organizations or
other eligible organizations authorized to enter into agreements for the purposes of implementing
CTR and/or GTEC, plans as applicable, and as authorized by RCW 70.94.544, and by ordinances
adopted pursuant to RCW 70.94.527(5).
G. Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and
incentives guidance, as well as the approved administrative work plan, in all agreements with eligible
contracting partner(s), as necessary, to coordinate the development, implementation, and
administration of such CTR and/or GTEC plans, and in compliance with applicable ordinances.
H. Appeals and Modifications
The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures
section contained in the CTR Guidelines which may be obtained from WSDOT or found at
http://www.wsdot.wa.gov/Transit/CTR/law.htm.
I. Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC
plan and programs with the applicable regional transportation planning organization (RTPO). The
CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that
could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide
information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon
request.
J. Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip
reduction employer surveys.
K. Planning Data
The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected
worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide
WSDOT with updated program goals for affected worksites and jurisdictions as requested. These
updates shall be submitted electronically in a format specified by WSDOT.
L. Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with
updated lists of affected or participating worksites, employee transportation coordinators, and
jurisdiction contacts, as requested. These updates will be submitted in a format specified by
WSDOT.
GCB2744 Page 9 of 13
99
EXHIBIT 2
Project Progress Report
Commute Trip Reduction (CTR) Quarterly Project Report
Reporting quarter:
Date:
Organization:
Agreement number:
Biennial
targets
Estimate of drive -alone trips to reduce to meet goal:
Key
deliverables:
(from
administrative
work plan)
•
Completed activities this quarter
•
Planned activities for next quarter
•
Describe issues, risks or challenges and resolutions
•
Estimated expenditures of state funds for this quarter
•
GCB2744 Page 10 of 13
100
EXHIBIT 3
Invoice Voucher Template
INVOICE VOUCHER
gstORITY BUS E
one3i p;aP4
M
E
VEIVOACIP OR ; WANT da'ARRANT
wE i + _ , a ,z
IN T RUC 1
DATE
TO BE PA . EI
a
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'ID 1rra 7 r1ndnAdnantstraaon and ErnpOef Support
S CERT F ATE s h y' .
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4urn5
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ankmal
Tete t ' I fin each den
t ra pqn
-
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below.
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RES
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Total BaIIe€1 Th Perdu l
SO.00
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EEMENT
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7 TE tI Ie1i151tiY rtakE9rae't
BILLSIG PE "#_
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FOR 'A'SDT ONLY
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GCB2744
Apprca d by B us snes.s yes 231
Page 11 of 13
101
EXHIBIT 4
Final Project Progress Report
Commute Trip Reduction (CTR) Final Project Report
Biennium:
2015-2017
Date:
Outcomes
met?
Organization:
Agreement number:
GCB
Biennial
targets
Estimate of drive -alone trips to reduce to meet goal:
.
Deliverables:
(from
administrative
work plan)
.
Describe your progress on each of your deliverables this biennium.
•
Did you meet your targets for this biennium? Why or why not?
What were your major successes this biennium? How did they help you make
progress toward the goals in your jurisdiction's CTR plan(s) and/or work
plans/scope of work?
.
What were your major challenges this biennium? How did they hinder your
progress toward the goals in your jurisdiction's CTR plan(s) and/or work
plans/scope of work?
.
How do you measure the performance of your strategies?
•
What did you learn this biennium?
•
What would help you be more successful in the future? Please be specific (If it's
more resources, how much and what would they be for, etc.).
•
For each of the strategies in your administrative work plan, describe your
expected outcomes, whether you met those outcomes, and why or why not.
Strategy
Expected
outcomes
Performance
measures
Outcomes
met?
Why or why not?
GCB2744
102
Page 12 of 13
If your organization used other financial resources besides state CTR funds to
implement the activities in your administrative work plan for this agreement,
please provide the information below.
Source of local funds
Estimated funds spent
this agreement
How the funds were
used
Total local funds:
If your organization disbursed any state CTR funds to other organizations to
implement the activities in your administrative work plan for this agreement,
please list the total amount disbursed for the biennium below.
Organization
Total disbursed this
agreement
Purpose of disbursal
Total disbursement:
GCB2744 Page 13 of 13
103
104
City of Tukwila
City Council Transportation & Infrastructure Committee
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
October 10, 2017 - 5:30 p.m. - Foster Conference Room, 6300 Building
Councilmembers: Kate Kruller, Chair; Joe Duffle, Dennis Robertson
Staff: Robin Tischmak, Gail Labanara, Pat Brodin, Mike Cusick, Jack Pace, Valerie
Lonneman, Laurel Humphrey
CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
A. Supplemental Agreement: Central Business District Sanitary Sewer Rehabilitation
Staff is seeking Council approval of supplemental agreement No. 3 with RH2 Engineering, Inc. in the
amount of $4,989.43 for additional services for the CBD Sanitary Sewer Rehabilitation Project. RH2
is designing the project to repair and reline the remaining sewer pipe in the CBD, and this
supplement will include the use of ultraviolet cured in place pipe lining as an option to steam cured
felt liner. The project completion is now estimated to be January 31, 2018. The original contract
with supplements is $41,382.28 and under the total budget of $45,000. UNANIMOUS APPROVAL.
FORWARD TO OCTOBER 16, 2017 REGULAR CONSENT AGENDA.
B. WSDOT Transportation Demand Management Program Allocation 2017-2019
Staff is seeking Council approval of a WSDOT allocation contract for the Transportation Demand
*Management (TDM) Program in the amount of $74,205.00. The TDM Program provides technical and
personalized training and assistance to employers providing TDM programs for their employees.
The City also partners with regional agencies to coordinate, implement and promote trip reduction
activities and is currently implementing two federal congestion mitigation grants. WSDOT has
provided a biennial allocation to the City since 1993 and this proposed contract for 2017-2019 is a
renewal of previous allocations. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 16, 2017
REGULAR CONSENT AGENDA.
C. King County Metro Transportation Demand Management Agreement 2017-2019
Staff is seeking Council approval of a contract with King County for 1-90 Regional Mobility Grant
funding to continue implementation of Transportation Demand Management (TDM) activities in
south King County. The purpose of this grant is to provide TDM services along the 1-90,1-405, SR 167
and SR 520 corridors to reduce congestion and increase mobility. The City will provide services for
travelers with an origin or destination in Tukwila, Renton, Kent, SeaTac, Federal Way, and Burien,
including education, rewards and incentives, capital improvement recommendations, and more
TDM related activities. The City must provide a program evaluation to the County by June 15, 2019.
UNANIMOUS APPROVAL. FORWARD TO OCTOBER 16, 2017 REGULAR CONSENT AGENDA.
105
106
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council re len'
10/23/17
ED
ITEM INFORMATION
ITEM No.
Special
2.E.
STAFF SPONSC)R: COMMANDER ERIC DREVER ORIGIN:U, AGENDA D,A'rt::
\GI?ND:A Irr.AI Trrl,k Interagency Agreement between The Washington State Internet Crimes Against
Children (ICAC) Task Force Acting through the City of Seattle Police Department and
the Tukwila Police Department
C::A'1l:G<)RV ❑ Discussion
AN Date
® Motion
.11tg Date 10/23/17
❑ Resolution
14g Date
• Onli trance
❑ BidAwarcl
i\Itg Date
❑ Public Hearing
Rltg Date
❑ Other
AItg Date
Mt, Date
SPt)NSOR ❑Council •Mayor ❑I -IR ❑DCD •Finan e ❑Fire ❑TS aP&R ®Police ❑PIF ❑Court
SI) ONS('R'S With the internet having the capability to cross jurisdictional boundaries, as well as, the
Sl_'\INtARY ease in which predators of children have access to potential victims using the internet, the
only way to address investigating and prosecuting Internet Crimes Against Children is to
join a multi -jurisdictional group of subject matter experts for addressing these heinous
crimes. The Council is being asked to approve the signing of the ICAC/Seattle PD and
Tukwila PD interagency agreement by the Tukwila Chief of Police.
RI,:vlI:Avi D BY
• C.O.AXi.
Mtg. ❑ CDN Comm ❑ Finance
❑ Arts Comm. ❑ Parks
COMMITTEE
Comm. ►1 Public Safety Comm.
Comm. ❑ Planning Comm.
CHAIR: MCLEOD
R Trans &Infrastructure
D, TE: 10/16/17
RECOMMENDATIONS:
SPONSOR/ADS-1N.
COAIMIYI'N:
TukwilaPolice Department
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXP1:NDt'1'l'RI' RI:QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/23/17
MTG. DATE
ATTACHMENTS
10/23/17
Informational Memorandum dated 10/9/17
Interagency Agreement between the WA State ICAC Task Force/SPD and Tukwila PD
Minutes from the Public Safety Committee of 10/16/17
107
108
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Chief Mike Villa
BY: Commander Eric Dreyer
CC: Mayor Ekberg
DATE: October 9th, 2017
SUBJECT: WA Internet Crimes Against Children (ICAC), Seattle PD, & Tukwila PD
Interagency Agreement
ISSUE
With the internet having the capability to cross jurisdictional boundaries, as well as, the ease in
which predators of children have access to potential victims using the internet, the only way to
address investigating and prosecuting Internet Crimes Against Children is to join a multi -
jurisdictional group of subject matter experts for addressing these heinous crimes.
BACKGROUND
The Internet Crimes Against Children Task Force Program is a national network of 61
coordinated task forces representing over 4,500 federal, state, and local law enforcement and
prosecutorial agencies. These agencies are continually engaged in proactive and reactive
investigations and prosecutions of persons involved in child abuse and exploitation involving the
internet.
DISCUSSION
The combining of multiple agencies from across varying jurisdictional responsibilities allows for
more efficient investigations utilizing multiple subject matter experts. This approach also
prevents a single agency from shouldering the burden of these resource draining investigations.
FINANCIAL IMPACT
Tukwila Police Detectives assigned to the ICAC task force will continue their currently assigned
responsibilities to the department; however, they will make themselves available to assist ICAC
agencies with Internet crimes against children.
Having a signed interagency agreement, and being active members of the ICAC Task Force,
entitles our assigned detectives to task force funds designated for training and advancing their
skills with investigating ICAC.
RECOMMENDATION
The Council is being asked to consider this item at the October 23, 2017 Committee of the
Whole meeting and subsequent November 6, 2017 Regular Meeting.
ATTACHMENTS
Interagency Agreement between the WA State ICAC Task Force, through the City of Seattle
Police Department, and the City of Tukwila Police Department
109
110
INTERAGENCY AGREEMENT
BETWEEN
THE WASHINGTON STATE INTERNET
CRIMES AGAINST CHILDREN TASK FORCE
ACTING THROUGH THE CITY
OF SEATTLE POLICE DEPARTMENT
AND
TUKWILA POLICE DEPARTMENT
This Interagency Agreement is entered into by and between the Washington State Internet
Crimes against Children Task Force (WA ICAC TF), acting through the City of Seattle Police
Department and Tukwila Police Department, (Affiliate Agency) acting through its duly
authorized representative.
WHEREAS, The United States Department of Justice (DOJ) Office of Juvenile Justice and
Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children
(ICAC) Task Force Program, which is a national network of state and local law enforcement
cybercrime units. The mission of the national ICAC Task Force Program is to assist state
and local law enforcement agencies develop an effective response to technology -facilitated
child sexual exploitation and Internet crimes against children. This assistance encompasses
forensic and investigative components, training and technical assistance, victim services,
prevention and community education. Due in large part to the technological aspects of
these cases, the ICAC Task Force Program promotes a multi -jurisdictional, multi -agency,
team approach to investigating and prosecuting ICAC cases; and
WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task
forces representing more than 3,500 federal, state, and local law enforcement and
prosecutorial agencies with each task force having an agency designated by the OJJDP as
the "Lead Agency" which is the law enforcement agency that is awarded federal funding to
serve as the "Lead" "Agency" for the corresponding Task Force.
WHEREAS, the SPD has been designated by the OJJDP as the "Lead Agency" to oversee the
multi -jurisdictional Washington State Internet Crimes Against Children Task Force
(WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement
and victimization of children through the Internet, online communication systems,
telecommunications technology and other computer technology; and
Page 1 of 7
111
WHEREAS, the SPD is the recipient of a Federal grant through the OJJDP to assist in the
investigation and prosecution of Internet crimes against children; and
WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase
their computer forensic capabilities and receive appropriate training to investigate
Internet related cases; and
WHEREAS, agencies that agree to work with the SPD as the "Lead Agency" shall be
identified in the program as an "Affiliate" or "Affiliate Agency" will execute this signed
agreement under the authorization of the proper authority of said agency following all of
the terms, conditions and tenets contained herein.
NOW THEREFORE, the parties hereto agree as follows:
This Interagency Agreement contains thirteen (13) Articles.
ARTICLE 1 TERM OF AGREEMENT
Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate
Agencies may be added by executing an Interagency Agreement with the SPD in
substantially the same form as this Interagency Agreement. The term of this Interagency
Agreement shall be in effect until terminated pursuant to the provisions hereof. Either
agency may cancel this agreement with (30) thirty days of written notification to the other
agency. Said notification must be provided from the appropriate authorized authority
within that agency. Upon receipt of the written notification the SPD will permanently
remove the agency from Affiliate Agency status with the ICAC Program.
ARTICLE II OPERATIONAL STANDARDS
Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and
Investigative Standards, attached to and made part of this Agreement, as Attachment A. The
undersigned law enforcement agency agrees to investigate ICAC cases within their
jurisdiction, and assist other jurisdictions to investigate these cases.
Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children
Task Force that is overseen by the SPD.
Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC
investigations. Each investigator involved with undercover operations must receive ICAC
Program training prior to initiating proactive investigations and shall submit reports of all
undercover activity to the SPD ICAC.
Affiliate Agencies agree to conduct reactive investigations where subjects are associated
within the Affiliate Agencies jurisdiction, including investigations of child pornography,
Cybertip (CT) referrals from the National Center for Missing and Exploited Children
(NCMEC), Internet Service Provider (ISP) and law enforcement referrals, and other ICAC -
related investigations. Additional case initiations may develop from subject interviews,
Page 2 of 7
112
documented public sources, direct observations of suspicious behavior, public complaints,
etc.
Affiliate Agencies agree to record and document all undercover online activity. Any
deviations from this policy due to unusual circumstances shall be documented in the
relevant case file, reviewed and authorized by the ICAC Unit Commander, or equivalent, for
that agency.
Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files
including, without limitation, computer records, in order to ensure compliance with all
national ICAC standards.
Affiliate Agencies agree to locate its ICAC investigators in secured space, to be provided by
the Affiliate Agency, with controlled access to all equipment, software, and investigative
files. At a minimum, information should be maintained in locked cabinets and under
control of each Affiliate Agencies ICAC personnel, with restricted access to authorized
personnel.
Affiliate Agencies agree to conduct education and prevention programs to foster awareness
and provide practical, relevant guidance to children, parents, educators, librarians, the
business and law enforcement communities, and other individuals concerned about
Internet child safety issues. Presenters shall not discuss ongoing investigative techniques
and undercover operations utilized by the WA ICAC TF, its Affiliate Agencies or the national
ICAC Program.
Affiliate Agencies agree to be responsible for proper maintenance and use of any
equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD.
Upon termination of this Interagency Agreement, ownership of equipment, hardware, and
other non -expendable items will revert to the SPD.
Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal,
civil, and forfeiture actions against identified violators, as appropriate.
Affiliate Agencies shall maintain accurate records pertaining to prevention, education and
enforcement activities, to be collected and forwarded not less than monthly to the SPD
ICAC Commander, Seattle Police Department, PO Box 34986, Seattle, WA 98124-4986, for
statistical reporting purposes (form provided.)
ARTICLE III SUPERVISION
Each Affiliate Agency will be responsible for the day-to-day operational supervision,
administrative control, and personal and professional conduct of its officers and agents
assigned to assist the WA ICAC TF. WA ICAC TF investigations are a cooperative effort and
investigative decisions will be a joint process guided by the WA ICAC TF standards.
ARTICLE IV JURISDICTION
Page 3 of 7
113
The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of
each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the
jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a
member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations
that are outside of the physical boundaries of their respective municipalities due to specific
needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate
Agencies agree to take these referrals and conduct appropriate investigations in
conformance with the ICAC Operational Standards, investigative or operational training,
and their agency policing policies.
ARTICLE V EVIDENCE
Seized evidence and any other related forfeiture will be handled in a manner consistent
with the seizing law enforcement agency's policies.
ARTICLE VI INSURANCE AND LIABILITY
Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self-
insurance program, approved by the State of Washington, for the protection and handling
of the liabilities including injuries to persons and damage to property. Each Affiliate Agency
agrees to maintain, at its own expense, insurance or self-insurance coverage for all of its
liability exposures for this Agreement and agrees to provide the City of Seattle with at least
30 days prior written notice of any material change in the Affiliate Agency's liability
coverage.
ARTICLE VII REPORTING STANDARDS
Using a process provided by the SPD, each Affiliate Agency shall submit monthly statistics
to the SPD on all ICAC investigations or other investigative work pertaining to the sexual
exploitation of children via the Internet. These statistics shall be submitted in the
appropriate format by the 10th day of each successive month that the statistics were
acquired and shall include data on all related investigations opened or closed during the
month in all of the categories as designated on the provided form.
In addition, a breakdown or summary of basic case data shall be included for each sexual
exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor
(enticement/traveler) case investigated by an Affiliate Agency along with references to any
local media reporting on the investigation. The SPD will be responsible for all required
reporting to the OJJDP.
ARTICLE VIII TRAINING
Affiliate Agencies shall make every effort to make investigators designated as Task Force
Members available for applicable specialized training provided through the national ICAC
Program and other appropriate training programs. The SPD will review training requests
and provide funding for ICAC -approved training when appropriate. This funding will
include, but is not limited to; WA ICAC TF hosted, or sponsored or facilitated training
through the national ICAC Programs authorized vendors.
Page 4 of 7
114
Affiliate Agencies seeking funding assistance will be required to submit requests at least
thirty (30) days in advance in writing and to comply with the procedures set forth in a
separate Interagency Agreement for funding requests. A sample of this Interagency
Agreement is available upon request but in no way is tacit or expressed authorization of
requested funding or financial assistance given in advance. Funding under the Interagency
Agreement is limited to the available funds that are received by the SPD under the OJJDP
Grant program for the national ICAC program.
ARTICLE IX CONFIDENTIALITY
The parties agree that any confidential information pertaining to investigations of WA ICAC
TF will be held in the strictest confidence, and will only be shared with other Affiliate
Agencies or other law enforcement agencies not participating in the WA ICAC TF where
necessary or as otherwise permitted by federal and/or state law.
ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS
To the extent required by law, the Affiliate Agency shall comply with all applicable laws,
standards, orders and regulations regarding equal employment which are applicable to the
Affiliate Agency's performance of this Interagency Agreement, including Rules of Practice
for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No.
11246, title 41, subtitle B, Chapter 60, part 60-30, which are incorporated herein by
reference.
ARTICLE XI GOVERNING LAW AND VENUE
This Interagency Agreement is governed in all respects by applicable local, State, and
Federal laws which shall supersede any provisions made in this Interagency Agreement to
the contrary. Any provision effected will not negate the rest of the Interagency Agreement.
In case any one or more of the provisions contained in this Interagency Agreement shall be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Interagency
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein. Exclusive venue is in Seattle, King County, Washington.
ARTICLE XII EFFECTIVE DATE
This Interagency Agreement shall be effective on February 1, 2017 and continue for one (1)
years. Upon expiration of the two (2) years this Interagency Agreement shall automatically
be renewed for one (1) additional year until such time as federal funding for the ICAC Task
Force Program ends or the Interagency Agreement is canceled by either party upon 30
days' written notice delivered to both parties' as delineated in ARTICLE I TERM OF
AGREEMENT. This Interagency may be executed in multiple counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
Page 5 of 7
115
The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall
not affect the Interagency Agreement with the remaining Affiliate Agencies.
This Interagency Agreement can be amended or replaced in the event of new requirements
under the national ICAC Task Force Program or as designated by law or other proper
lawful authority.
ARTICLE XIII AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement, by mutual agreement.
Page 6 of 7
116
WASHINGTON STATE
INTERNET CRIMES AGAINST CHILDREN
TASK FORCE
INTERAGENCY AGREEMENT
EXECUTED BY
The SEATTLE POLICE DEPARTMENT (SPD),
a department of the City of Seattle, hereinafter referred to as "SPD",
Department Authorization Representative:
Captain Michael Edwards
PO Box 34986
Seattle WA 98124-4986
AND
The Tukwila Police Department,
a department of the City of Tukwila hereinafter referred to as "TPD"
Department Authorized Representative:
Chief of Police
Tukwila Police Department
6200 Southcenter Blvd.
Tukwila, WA 98188
In Witness Whereof, the parties have executed this Agreement by having their
representatives affix their signatures below.
CITY OF TUKWILA
Allan Ekberg, Mayor Date:
TUKWILA POLICE DEPARTMENT SEATTLE POLICE DEPARTMENT
Chief of Police Kathleen O'Toole, Chief of Police
Date: Date:
Page 7 of 7
117
118
City of Seattle
Seattle Police Department
July 7, 2016
Greetings,
This is to clarify a clause in the WA ICAC TF Interagency Agreement found in ARTICLE II
OPERATIONAL STANDARDS:
Paragraph one sentence one page 2 of 7 states:
"Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and
Investigative Standards, attached to and made part of this Agreement, as Attachment A."
Paragraph 8 sentence one page 3 of 7 states:
"Affiliate Agencies agree to conduct education and prevention programs to foster awareness
and provide practical, relevant guidance to children, parents, educators, librarians, the
business and law enforcement communities, and other individuals concerned about Internet
child safety issues."
The intent of the WA ICAC TF Paragraph 8 sentence one page 3 of 7 clause should be
interpreted as "where practical' to remain consistent with the intent of the national
program Operational and Investigative Standards.
Please attach this clarification letter to the original agreement as an addendum,
Sincerely,
Mike Edwards, Captain
Seattle Police Department
Internet Crimes Against Children Commander
WA ICAC Task Force Commander
610 Fifth Avenue
Seattle, WA 98104-4986
Seattle Police Department, 610 Fifth Avenue, PO Box 34986, Seattle, WA 98124-4986
An equal employment opportunity, affirmative action employer.
Accommodations for people with disabilities provided upon request. Call (206) 233-7203 at least two weeks in advance.
119
GCity of Seattle
Seattle Police Department
July 7, 2016
Greetings,
This is to clarify a clause in the WA ICAC TF Interagency Agreement found in ARTICLE
XII EFFECTIVE DATE:
Paragraph one sentence one page 5 of 7 states:
"This Interagency Agreement shall be effective on July 1, 2016 and continue for one (1) years.
Upon expiration of the two (2) years this Interagency Agreement shall automatically be
renewed for one (1) additional year until such time as federal funding for the ICAC Task
Force Program ends or the Interagency Agreement is canceled by either party upon 30 days'
written notice delivered to both parties' as delineated in ARTICLE I TERM OF AGREEMENT."
This was a typographical error that should read the following to be consistent with the
intent of the agreement:
"This Interagency Agreement shall be effective on July 1, 2016 and continue for one (1) year.
Upon expiration of the first year this Interagency Agreement shall automatically be renewed
for one (1) additional year until such time as federal funding for the ICAC Task Force
Program ends or the Interagency Agreement is canceled by either party upon 30 days'
written notice delivered to both parties' as delineated in ARTICLE I TERM OF AGREEMENT."
(Amended language is italicized)
Please attach this clarification letter to the original agreement as an addendum.
Sincerely,
\u, Zegu.
Mike Edwards, Captain
Seattle Police Department
Internet Crimes Against Children Commander
WA ICAC Task Force Commander
610 Fifth Avenue
Seattle, WA 98104-4986
Seattle Police Department, 610 Fifth Avenue, PO Box 34986, Seattle, WA 98124-4986
An equal employment opportunity, affirmative action employer.
Accommodations for people with disabilities provided upon request. Call (206) 233-7203 at least two weeks in advance.
120
City of Tukwila
City Council Public Safety Committee
PUBLIC SAFETY COMMITTEE
Meeting Minutes
October 16, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Chair; Joe Duffie, De'Sean Quinn
Staff: David Cline, Eric Dreyer, Steve Donnelly, Rick Mitchell, Rachel Bianchi, Laurel
Humphrey
CALL TO ORDER: Committee Chair McLeod called the meeting to order at 5:30 p.m.
I. ANNOUNCEMENT
II. BUSINESS AGENDA
A. Public Safety Plan Local Hiring and Disadvantaged Business Enterprise Participation
The Public Safety Committee has been discussing how to facilitate the participation of local
workers and disadvantaged business enterprises in construction of the Public Safety Plan
project. At the May 15, 2017 meeting, the Committee directed staff to return with a draft formal
labor or workforce agreement including information on the cost of implementation. Staff has
developed a draft agreement as well as a proposal to contract with the City of Seattle for
provision of oversight and management of a PLA/CW. Staff will be meeting with the City of
Seattle on October 31 to discuss the draft and associated costs. Councilmember Quinn asked
that staff follow up from that meeting with information about practical implications to
timelines and costs. Chair McLeod introduced Steve Goldblatt, the Council's Program
Management Quality Assurance Consultant. Mr. Goldblatt reiterated a point from his
September and October monthly reports that the Council should weigh the cost and efficacy of
a formal PLA/CWA approach in light of the current budgetary stress on the project. He
recommended that the Committee also consider alternative approaches that are less costly
and also effective. He mentioned the City's existing apprenticeship utilization standards
(Resolution 1814) and noted that a comprehensive equity policy is being developed right now.
The three finalists for the Fire Stations contracts are all union with DBE, apprenticeship, and
community outreach experience. Committee members discussed the advice and requested
that staff return with information about existing tools and alternate approaches along with the
proposal from the City of Seattle. RETURN TO COMMITTEE NOVEMBER 20, 2017.
B. Interagency Agreement: Internet Crimes Against Children Task Force
Staff is seeking Council approval of an interagency agreement with the Washington State
Internet Crimes against Children Task Force (WA ICAC TF) acting through the City of Seattle
Police Department. This is a multi -jurisdictional task force designed to share information and
*
coordinate investigations, as the nature of internet crimes crosses agency boundaries.
Detectives assigned to this task force will continue their currently assigned responsibilities but
121
Public Safety Committee Minutes October2, 2017
also be available to assist other agencies. They will also be able to access task force funding
designated for training. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 23, 2017 SPECIAL
CONSENT AGENDA.
III. MISCELLANEOUS
Adjourned 6:14 p.m.
Committee Chair Approval
Minutes by LH
122
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor' review
Council review
10/23/17
LR
A.414C
DL. Q
❑ BidAavard
Mtg Date
❑ Public Hearing
Mtg Date
E Other
Mtg Date
SPONSOR ❑Council [ Mayor [ HR ❑DCD [Finance ❑.Fire (ITS ❑PCR ►1
Police ❑Plf,' ❑,Court
SPONSOR'S Through the National Criminal History Improvement Program (NCHIP), B]S provides direct
SUMMARY awards and technical assistance to states and localities to improve the quality, timeliness,
and immediate accessibility of criminal history records and related information. Complete
records require that data from all components of the criminal justice system be integrated
and linked. NCHIP assists to establish the integrated infrastructure that meets the needs of
all components.
RI NII AVI ?) BY ❑ C.O.W. Mtg. ❑ CDN Comm
E Trans &Infrastructure Arts Comm.
DATE: 10/17/17
11 Finance
Comm. E
Comm.
CHAIR: SEAL
Public Safety Comm.
❑ Parks
COMMITTEE
ITEM INFORMATION
ITEM No.
Special
2.F.
123
STAFF SPONSOR: LEON RICHARDSON
ORIGINAL AGENDA DAT] '.: 10/23/17
AGI?NDA IT1. I TM,' Approval of National Criminal History Improvement Grant (NCHIP)
CAI GORY C Discu.aion
Mtg Date
® Motion
ANDate 10/23/17
C Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ BidAavard
Mtg Date
❑ Public Hearing
Mtg Date
E Other
Mtg Date
SPONSOR ❑Council [ Mayor [ HR ❑DCD [Finance ❑.Fire (ITS ❑PCR ►1
Police ❑Plf,' ❑,Court
SPONSOR'S Through the National Criminal History Improvement Program (NCHIP), B]S provides direct
SUMMARY awards and technical assistance to states and localities to improve the quality, timeliness,
and immediate accessibility of criminal history records and related information. Complete
records require that data from all components of the criminal justice system be integrated
and linked. NCHIP assists to establish the integrated infrastructure that meets the needs of
all components.
RI NII AVI ?) BY ❑ C.O.W. Mtg. ❑ CDN Comm
E Trans &Infrastructure Arts Comm.
DATE: 10/17/17
11 Finance
Comm. E
Comm.
CHAIR: SEAL
Public Safety Comm.
❑ Parks
COMMITTEE
• Planning Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMrFIEE
Police Department
Unanimous Approval; Forward to consent agenda of 10-23-17
COST IMPACT / FUND SOURCE
EXPFNDI"I`URIz RI QU1R1d) AMOUNT BUDGETED APPROPRIATION REQUIRED
$86,029 $ $
Fund Source: SALARIES AND BENEFITS
Comments: This will be reimbursed - actual city contribution is $8,602.90.
MTG. DATE
RECORD OF COUNCIL ACTION
10/23/17
MTG. DATE
ATTACHMENTS
10/23/17
Informational Memorandum dated 8/16/17
Minutes from the Finance Committee meeting of 10/17/17
123
124
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Mike Villa, Chief of Police
BY: Leon Richardson, Senior Manager
CC: Mayor Ekberg
DATE: 16 August 2017
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. In
2016, we were awarded this grant and to date the Specialist was able to correct over
2,780 dispositions. Our 2015 compliance rate for dispositions has increased from
37.39% to 83.47%.
As of 28 September 2017, we have received verbal confirmation that we have been
awarded the National Criminal History Improvement Grant (NCHIP) from DOJ via WSP
and anticipate we will receive official notification mid-October. We are asking for
approval for the Mayor to sign the grant once it arrives. The reason for this is due to the
grant cycle aligning with the federal fiscal year running October to October and us
wanting to maximize the grant.
ANALYSIS
To stay current with incoming workload and maintain current level of service 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 is being considered for the awarding of a grant in the
amount of $86,029 with a 10% match of $8,602.90. Federal Reimbursement (90%)
$77,426.10. 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
The Council is being asked to authorize the Mayor to accept the grant, approving 1
temporary FTE (full-time employee) for 2018, at the October 23, 2017 Special Meeting
Consent Agenda.
125
126
City of Tukwila
City Council Finance Committee
FINANCE COMMITTEE
Meeting Minutes
October 17, 2017 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Thomas McLeod, Acting Chair; Dennis Robertson, Kathy Hougardy
Staff: David Cline, Jay Wittwer, Peggy McCarthy, Vicky Carlsen, Leon Richardson, Laurel
Humphrey
Guests: Deanna Gregory, Pacifica Law Group; Duncan Brown, PFM Financial Advisors LLC;
Colin Donahue, PFM Asset Management LLC
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
II. BUSINESS AGENDA
Grant Acceptance: National Criminal History Improvement
Staff is seeking Council approval of a grant acceptance agreement with the Washington State
Patrol to accept grant funding in the amount of $77,426.10 for continuation of the Disposition
Research Specialist position. This position corrects errors caused by incompatibilities with the
SCORE facility record system, and since the grant was first awarded last year, has corrected over
2,780 dispositions. The funding requires a 10% match of $8,602.90. Chair Seal suggested that
Mayor Ekberg bring up the system incompatibility issue with the SCORE Board. UNANIMOUS
APPROVAL. FORWARD TO OCTOBER 23, 2017 SPECIAL CONSENT AGENDA.
B. Ordinance: Urban Renewal Debt Refinancing
Staff is seeking Council approval of an ordinance that would authorize the sale of up to $2.35
million in a limited tax general obligation bond to refinance the city's outstanding Limited Tax
General Obligation Bond Anticipation Note, 2014 for the urban renewal project. It was
previously anticipated that the note would be paid from proceeds of the sale of the property,
but this has not yet occurred. The interest rate on this new bond will range from 2.6 to 3.0 over
its five-year life, and may be prepaid at any time with no penalty. Cashmere Valley Bank offered
the most favorable terms of seven responding banks. The Council earlier gave staff direction to
work with Healthpoint on the potential development of the property and this five-yeartermwill
allow that work to continue. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 23, 2017
COMMITTEE OF THE WHOLE.
127
128
Upcoming Meetings & Events
October/November 2017
23rd (Monday)
24th (Tuesday)
25th (Wednesday)
26th (Thursday)
27th (Friday)
28th (Saturday)
> Community
D Transportation
& Infrastructure
Cmte.,
5:30 PM
(Foster
Conference
Room)
Tree and
Environmental
Advisory
Committee
Meeting
6:00 — 8:30 PM
(Rainier
Conference Room,
6300 Southcenter
Blvd., Suite 100)
➢ Public Safety
Plan Siting
Advisory Cmte,
6:30 PM
(Hazelnut
Conference
Room)
Autumn
Harvest
Carnival
6:00 — 8:00 PM
(Tukwila
Community Center)
$2.00 per child
(for ages 1-12).
Join in the fun with
a costume contest,
crafts, games and
much more.
dinner
option available for
purchase.
Tukwila Int'I. Blvd.
Action Cmte's
Trash Pickup Day
9:00 — 10:00 AM
For location or
information contact
Sharon Mann
206-200-3616
Development &
Neighborhoods
Cmte.,
Cancelled
> City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council
Chambers)
C.O.W. to beHealthy
immediately
followed by a
Special Mtg.
Q&A Session
regarding
Accessory
Dwelling Units
(ADUs)
5:30 — 6:30
(Council
Chambers)
➢ Planning
Commission,
6:30 PM
(Council
Chambers)
30th (Monday)
31st (Tuesday)
1st (Wednesday)
2nd (Thursday)
3rd (Friday)
4th (Saturday)
➢ Equity &
Social Justice
Commission,
5:15 PM
(Hazelnut
Conference
Room)
Council Chat
*Special Day*
10:00 AM to
12:00 NooN
Stop by and informally
talk with a Tukwila
City Councilmember
about anything on
your mind regarding
Tukwila.
Tukwila Library
(14380 Tukwila
International
Boulevard)
Community Development and Neighborhoods Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room Meeting Cancelled.
> Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Mia Navarro at 206-454-7564.
>Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room.
>Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room
> Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta
Bivens at 206-431-3670.
Transportation and Infrastructure Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room (A) Water Reservoir and pump
Station Consultant Selection and Agreement for 2017. (B) Fort Dent Park BNSF Sewer Relocation Design Amendment No. 3. (C)
Storm Water Quality Retrofit Program Department of Ecology Grant Application. (D) Customer Assistance Programs for Water,
Sewer and Surface Water Utilities. (E) 53rd Ave. S. Ordinance for Condemnation of Real Property. (F) Neighborhood Traffic
Calming Program Speed Cushion Implementation Criteria.
129
Tentative Agenda Schedule
MONTH
MEETING 1-
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
October
2
9
16
23
See agenda packet
cover sheet for this
week's agenda:
October 23, 2017
Committee of the
Whole Meeting.
November
6
Unfinished Business:
13
20
27
An ordinance for short
term debt re -financing
for the Urban Renewal
Project.
New Business:
An Ordinance of the
City Council of the City
of Tukwila, Washington,
authorizing and
providing for the
acquisition of interests
in land for the purpose
of completing the Public
Safety Plan projects,
providing for
condemnation,
appropriation, taking of
land and property rights
necessary therefor;
providing for payment
thereof and directing the
initiation of appropriate
proceedings in the
manner provided by law
and for said
condemnation;
providing for
severability; and
establishing an effective
date.
130