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HomeMy WebLinkAboutTIC 2018-10-22 Item 2D - Resolution - 2019 Legislative AgendaAllan Ekberg, Mayor TO: Community Development and Neighborhoods Committee Transportation and Infrastructure Committee FROM: Rachel Bianchi, Deputy City Administrator {}{}� 1"0myorEkhmrQ [}ATE: October 3'2O18 SUBJECT: 2O13Legislative Agenda ISSUE The City of Tukwila develops an annual legislative agenda for use in Olympia during the legislative session, BACKGROUND =.e—�-^| — Legislative Agenda provides direction tOstaff and consensus among the elected officials 8atowhat policy positions are taken Onbehalf ofthe City [fTukwila during the legislative session. being asked hJapprove the reeo|Utihnn oOoDdo0naide[�hiS�atth8NOvember13 Committee �|ee of the Whole meeting and subsequent November 19 Regular Meeting, TheCity'o lobbyist, Jennifer Ziegler, will provide a legislative update at the November 19 meeting. ATTACH R8E�T� -Resolution in draft fOnn -Attachment A — Legislative Agenda 25 LW3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2019 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2019; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the City Council Meeting on November 19, 2018; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2019 Washington State Legislative Session that provide a framework for advocacy on behalf of the community. The City of Tukwila 2019 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A: City of Tukwila 2019 Legislative Agenda W:\Word Processing\Resolutions\Legislative Agenda for 2019 10-11-18 RB:bjs Page 1 of 1 26 ATTACHMENT A City of Tukwila 2019 Legislative Agenda Transportation & Infrastructure • Join the US DOT, Freight Mobility Strategic Investment Board, the cities of Renton and Tukwila and other partners to fund the Strander Extension project to increase freight mobility and remove 55,000 vehicles a day from 1-405, 167 and other nearby roadways. • Provide funding for critical local infrastructure, including the Allentown Bridge, which is Structurally Deficient and Functionally Obsolete. • Create stable, reliable infrastructure assistance funding for cities to assist in repairing roads, bridges and other public infrastructure that support economic development. Housing & Human Services • Fully fund the state Housing Trust Fund to provide resources for affordable housing. • Create new and expand existing local options to generate revenue for housing and human services and for capital construction of affordable housing. • We strongly encourage the state to adequately fund human services programs for the health of the safety net. Shared Revenue • The State must continue its role as a partner with cities, including reinstating funding for the Public Works Assistance Account and Community Economic Revitalization Board. • Reestablish the Streamlined Sales Tax Mitigation Payments to cities hard-hit by the change to destination based sales tax, which provides Tukwila over $1.2 million annually to replace lost revenue, which was ended in the 2018 session. • In addition, the state must retain the local share of liquor taxes to allow jurisdictions to address impacts, such as public safety, of privatized liquor in our cities. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continue to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Education • Implement needs based funding for allocation of social emotional student support resources and expand funding for learning opportunities for summer school students. • Increase funding for homeless students and secondary ELL students. • Incorporate early learning for low income students as a part of Basic Education. Law Enforcement • Increase funding for law enforcement training to ensure that all police officers have access to key resources that save lives. • Change the day rate for Department of Corrections inmates to ensure equitable reimbursements for local facilities such as SCORE. Preserve Lodging Tax Flexibility • Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves each individual community. 27 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: October 9, 2018 SUBJECT: 2019 Budget Proviso for SeaTac International Airport Impact Study ISSUE Authorizing Mayor to Sign Interlocal Agreement (I LC) with the Cities of SeaTac, Normandy Park, Burien, Federal Way, and Des Moines. BACKGROUND Staff has provided several briefings to the Transportation and Infrastructure Committee and the Committee of the Whole regarding a budget proviso that was included in the adopted Washington State budget to provide $300,000 in funding for the Washington State Department of Commerce ("Commerce") to study the impacts of Sea-Tac Airport on surrounding communities. The proviso requires that a local match of $300,000 be provided in order for Commerce to use the funds. Staff from the Cities of Tukwila, SeaTac, Federal Way, Normandy Park, Burien, and Des Moines have met to discuss the basic outline of how the local match could work. The City of SeaTac is prepared to provide $150,000 for the local match, provided the other five cities contribute the remaining $150,000. The table below shows fund allocation for the remaining five cities based on a per capita formula. Tukwila's contribution would be $14,445.61 City 2017 OFM population estimate Per Capita Share 0.7348 (5.1993 SeaTac) Burien 50,680 $37,238.24 Des Moines 30,860 $22,675.06 Federal Way 96,350 $70,795.27 Normandy Park 6,595 $4,845.82 Tukwila 19,660 $14,445.61 Other Cities Subtotal $150,000 SeaTac 28,850 $150,000 Total Population Represented 232,995 Total Local Match Funds for Study $300,000 29 INFORMATIONAL MEMO Page 2 DISCUSSION The Committee of the Whole was briefed on the match framework on July 23, 2018 and supported the proposed match by the City of Tukwila. Staff indicated that the ILA would need to come back through Council for final authorization. Since staff briefed the Council last there has been a major development that staff wanted to bring to the Council's attention. Commerce has convened regular meetings of the City Managers and staff from the Mayor's Office from the six cities outlined above. These meetings were initially just staff from the cities and staff from Commerce. However, at the last two meetings convened, members of the public insisted on being in the meeting. At the meeting on August 27 Reps. Tina Orwall and Mike Pellicciotti attended the meeting and encouraged that the working group include community members and that they be open to the public. Commerce followed up this meeting by asking each city and the Port of Seattle to select one person to serve as a community member for their respective agencies. Additionally, the meetings of this group will now be open to the public. This changes the overall dynamic of the working group and staff has concerns on the overall effectiveness of the group. It is extremely unlikely that the initial competition due date of December 2019 will be met now. RECCOMENDATION Staff recommends that the City Council authorize the Mayor to sign the ILA between the cities of Normandy Park, Burien, Des Moines, SeaTac, and Federal Way for the City to provide $14,445.61 as Tukwila's per capita match for the budget proviso. Staff requests the ILA be placed on the November 5, 2018 consent agenda. ATTACHMENTS A. Final Interlocal Agreement with the cities of Normandy Park, Burien, Des Moines, SeaTac, Federal Way, and Tukwila. B. Commerce Agreement with City of SeaTac. C. Letter from Commerce to Tukwila, dated June 6, 2018. D. Memorandum from Commerce to cities, dated September 12, 2018 E. Staff memo to Committee of the Whole, dated July 17, 2018 (without listed attachments). 30 AGREEMENT BETWEEN THE CITIES OF BURIEN, DES MOINES, NORMANDY PARK, FEDERAL WAY, TUKWILA, AND SEATAC TO PROVIDE LOCAL MATCHING FUNDS FOR THE SEA-TAC AIRPORT IMPACT STUDY This Agreement is entered into between the City of Burien, a municipal corporation, hereinafter referred to as "Burien;" the City of Des Moines, a municipal corporation hereinafter referred to as "Des Moines;" the City of Federal Way, a municipal corporation hereinafter referred to as "Federal Way;" the City of Normandy Park, a municipal corporation hereinafter referred to as "Normandy Park;" the City of Tukwila, a municipal corporation hereinafter referred to as "Tukwila;" and the City of SeaTac, a municipal corporation hereinafter referred to as "SeaTac;" and all six cities collectively referred to as the "Parties" or "Cities", for the purpose of providing local matching funds to the Washington State Department of Commerce, a state agency hereinafter referred to as "Commerce," for the "Sea-Tac International Airport Impacts Study," hereinafter referred to as "the Study." Keteround. The Washington State Legislature enacted Engrossed Substitute Senate Bill 6032 during the 2018 regular session. Section 127(63) (hereinafter referred to as "the Proviso") provides in part that, "$300,000 of the general fund -state appropriations for fiscal year 2019 and $300,000 of the general fund -local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the Sea-Tac International Airport. The general fund -state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department." The Parties have determined a method to equitably provide the local matching fund obligation of $300,000 so that the Study may proceed. 2. Purpose. The purpose of this Agreement is for the Parties to define each Party's funding obligation, which Party will enter into a contract with Commerce, and to establish a process for participating in and responding to the study as it is prepared by Commerce. 3. oiitraet Admini t -ation. The Parties agree that SeaTac will serve as the contracting and fiscal agent for the local matching contributions to the Study from the other jurisdictions and has the sole responsibility to collect any such funds. SeaTac commits to transfer funds to Commerce at such dates and in such amounts as required and will collect contributions from other jurisdictions either prior to or after such transfers occur. 4. t Roles and R a. Each Party shall be responsible for the following: Each Party shall assign a representative(s) ("Party Representative(s)") to help prepare and participate in review of draft work products as provided by Commerce. The Party Representative for SeaTac will communicate any changes to schedules and other pertinent infoiination in a timely manner so as to keep each Party apprised of the status of the Commerce's work. b. Time is of the essence for this Study. The Parties shall work expeditiously and in Page 1 of 6 31 good faith to achieve the smooth progress of review and commenting. This includes allocating adequate staff time and providing all necessary data and other information or materials needed by Commerce to facilitate preparation of the Study. 5. Con tract Management. The agreement with Commerce shall be solely administered by the City of SeaTac on behalf of all Parties. These responsibilities include arrangement of meetings with Commerce as needed to address the comments of the Parties and coordinating communications with Commerce. 6. Fiscal Management. By entering into this Agreement, the Parties commit to providing their defined share of the $300,000 local matching funds. Management of fiscal matters associated with this Agreement shall be administered by the City of SeaTac. Parties shall transfer their defined share of local matching funds to SeaTac in accordance with the schedule identified in Exhibit A. While SeaTac may elect to transfer funds to Commerce in advance of receiving payments from all or some of the other Parties, the Parties affirm their share will be remitted to SeaTac on or before their established payment dates. 7. Duration. This Agreement shall be effective upon execution by each party and shall remain in full force and effect through completion of the Study process or full payment by all Parties per Exhibit A, whichever comes last. This Agreement may be extended upon mutual agreement of all Parties. 8. Termination. Any party may withdraw from this Agreement, effective upon thirty (30) days written notice to the other Parties and upon payment of the balance of their full defined share to the City of SeaTac. If the State Legislature or Commerce terminate the Study, SeaTac will remit any payments received but not sent to Commerce, plus any refund for payments received from Commerce to the Parties in accordance with defined local share as outlined in Exhibit A. The remittance by SeaTac to all Parties may be pro -rated equally if necessary to maintain the balance of contributions and refunds from Commerce. 9. Modification. This Agreement may be modified by further written agreement upon mutual acceptance by all parties. 10. Alternative 11 sput e Resolut ion. If a dispute arises from or relates to this Agreement or the breach thereof and if the dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. 11. Written Notice. All communications regarding this Agreement shall be sent to the Parties at the addresses listed in LxhiNi_13, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of transmittal, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Page 2 of 6 32 12. Hold H arniles . Each party to this Agreement shall defend, indemnify and hold the other party, its appointed and elected officers and employees, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault or negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. 13. Non- II iscri aation. The Parties shall not discriminate in any manner related to this Agreement on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital status or disability in employment or the provision of services. Use Co erce language. 14. Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. Page 3 of 6 33 CITY I U II II Bri n J. Wilson, City Manager DATE: A. OVE AST Lisa Marshall, City Attorney CITY * T 111 KW ILA Allan Ekberg, Mayor DATE: AP ROVE II II AS T FO M: Rach CITY Turpin, City Attorney F FE. S E AY Jim Ferrell, Mayor DATE: AP II" * VE AST S FO 111' Ryan Call, City Attorney CITY I ES I INES Michael Matthias, City , I I ager DATE: A PR I VE II II AST S F Tim George, City Attorney CITY F N Mark E. Hopp D.ATE: II II AN APJVROVE.S AS T a . es Haney, City CITY F S E VAC 1),1 F Y PARK • oseph Scokio, City Manager DATE: ?-2/ APP VE AS Till FO Ittcat/ 11cal 061 Mary E. irante Bartolo, City Attorney * II II Page 4 of 6 34 CITY OF Ul 1[EN APPRO.) AS TO FO Lie arsltall, City Attorney CITY F TUK ILA Allan Ekberg, Mayor DATE: APPROVED AS T FOR Rachel Tarpin, City Attorney CITY F FE Ji E Jim ]Ferrell, Mayor DATE: L AY APPROVED AS TO FO I. Ryan Call, City Attorney CITY OF DES OINES Michael Matthias, City Manager DATE: APPROVED AS TO 'O m George, City Attorney CITY F NO.AN YPA Mark E. Hoppen, City Manager DATE: API : " OVED AS TO F James Haney, City Attorney CITY F SEA 'AC Joseph Scorcio, City Manager DATE: APPROVEDAS TFOI Mary Ea Mir to artolo, City Attorney Page 4 of 6 35 CITY F EN Brian J. Wilson, City Manager DATE: P VE AS T S F • Lisa arshall, City Attorney CITY S F TU ILA Allan Ekberg, Mayor DATE: APP • 0 VE a AS T 0 F S Rachel T a n, City Attorney CITY F FEDERAL AY ATE: APP • 0. I, Ma)or a AS T 1/ F J. Ryan Call, City Attorney CITY F a ES INES Michael atthias, City ager DATE: P • S AS T F Tim George, City Attorney CITY F N . , ark E. Hoppen, City anager DATE: APP VE AS T F S • es Haney, City Attorney CITY S F S ATAC Joseph Scorcio, City anager DATE: P S V AS T • F • ary E. Mirante Bartolo, City Attorney Page 4 of 6 36 CITY F BU to in Brian J. WiisofCty Manager DATE: EN APPRO» D AS TO FO • Lisa Marshall, City Attorney CITY F TU ILA Allan Ekberg, Mayor CITY OF DES OINES Michael Matthias, City Manager DATE: /o2iF APPROVED AS TO FO • Tim George, City Attorney CITY OF NO • , NDY PA • Mark E. Hoppen, City M. ager DATE: DATE: VE AS TO FO Rachel T •in, City Attorney CITY OF FE Jim Ferrell, Mayor DATE: L AY APPROVED AS TO FO • J. Ryan Call, City Attorney APPROVED AS TO FO •• James Haney, City Attorney CITY OF SEATAC Joseph Scorcio, City Manager DATE: APPROVED AS TO FOR Mary E. Mirante Bartolo, City Attorney Page 4 of 6 37 Ci 2017 S II II A po ulation Per Ca i ita Share 0.734 esti ate (5.1993 SeaTac) Burien 50,680 $37,238.24 Des Moines 30,860 $22,675.06 Federal Way Normandy Park Tukwila Other Cities Subtota SeaTac Total Population Represented Total Local Match Funds for Study PAY ENT SC 96,350 $70,795.27 6,595 $4,845.82 19,660 $14,445.61 $150,000 28,850 $150,000 232,995 E ULE $300,000 The Cities identified below agree to make payment to the City of SeaTac in the amount and on the dates indicated below. Payments shall be delivered to: City of SeaTac, Attn: Finance Department, 4800 South 188th Street, SeaTac, WA 98188, and should reference "Sea-Tac Impact Study Local Match." u ien: e oines: $37,238.24 no later than September 30, 2018. $22,675.06 no later than July L 2019 Federal ay: $35,397.64 no later than Jatilialy 3 1, 201 9 and $35,397.63 no later than January 31, 2020. Normandy Park: $4,845.82 no later than S(_2ptember 1, 2018. Tukwila: $14.445.61 no later than December 31 2018. Page 5 of 6 38 in' 1 Brian J. Wilson, City Manager, Burien City Hall, 400 SW 152nd St., Suite 300, Burien, WA 98166 2, Lisa Marshall, City Attorney, Burien City Hall, 400 SW 152nd St., Suite 300, Burien, WA 98166 3 Michael Matthias, City Manager, City of Des Moines, 21630 llth Ave. S., Suite A, Des Moines, WA 98198 4, Tim George, City Attorney, City of Des Moines, 21630 1 lth Ave. S., Suite D, Des Moines, WA 98198 5. Allan Ekberg, Mayor, City of Tukwila, 6200 Southcenter Boulevard, Tukwila, WA 98188 6. Rachel Turpin, City Attorney, City of Tukwila, Kenyon Disend, PLLC, 11 Front St. S., Issaquah, WA 98027 7. Mark E. Hoppen, City Manager, Normandy Park City Hall, 801 SW 174th Street, Normandy Park, WA 98166 8 Jim Haney, City Attorney, City of Normandy Park, Ogden Murphy Wallace, P.L.L.C., 901 5th Ave., Ste. 3500, Seattle, WA 98164 9. Jim Ferrell, Mayor, Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 10. Ryan Call, City Attorney, Federal Way City Hall, 33325 8th Ave. S., Federal Way, WA 98003 11. Joseph Scorcio, City Manager, SeaTac City Hall, 4800 South 188th Street, SeaTac, WA 98188 12. Mary E. Mirante Bartolo, SeaTac City Hall, 4800 South 188th Street, SeaTac, WA 98188 'Page 6 of 6 39 AGREEMENT BETWEEN THE CITY OF SEATAC AND THE WASHINGTON STATE DEPARTMENT OF COMMERCE TO PROVIDE LOCAL MATCHING FUNDS FOR THE SEA-TAC AIRPORT IMPACT STUDY This Agreement is entered into between the City of SeaTac, a municipal corporation hereinafter referred to as "SeaTac," and the Washington State Department of Commerce, a state agency hereinafter referred to as "Commerce," collectively referred to as the "Parties," for the purpose of securing a commitment from SeaTac to transfer to Commerce $300,000 of local matching funds ((hereinafter referred to as "Matching Funds") for the "Sea-Tac International Airport Impacts Study," hereinafter referred to as "the Study". 1. Background. The Washington State Legislature enacted Engrossed Substitute Senate Bill 6032 during the 2018 Regular Session. Section 127(63) (hereinafter referred to as "the Proviso") provides in part that, "$300,000 of the general fund —state appropriation for fiscal year 2019 and $300,000 of the general fund —local appropriation are provided solely for the department to contract with a consultant to study the current and ongoing impacts of the SeaTac International Airport. The general fund —state funding provided in this subsection serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to the department." 2. Purpose. The Parties desire by this Agreement to secure a commitment from SeaTac to transfer the full amount ($300,000) of the Matching Funds to allow Commerce to proceed with the Study without delay. While the Parties acknowledge that other cities named in the Proviso (as listed in Paragraph 4 of this Agreement) will contribute a portion of the Matching Funds, a delay in negotiating a multi -party agreement would negatively impact Commerce's ability to complete the Study by the intended completion date of December 1, 2019. Therefore, by this Agreement, SeaTac accepts responsibility to transfer to Commerce the Matching Funds as detailed in the Proviso, and by separate agreement will receive contributions from the other cities named in the Proviso. The Parties intend that SeaTac shall serve as fiscal agent for contributions to the Study from such other cities, with sole responsibility to collect any such funds. 3. Transfer of Local Matching Funds to Commerce. SeaTac shall transfer $300,000 to Commerce representing the Matching Funds, through minimum installment payments on or around the following dates: A minimum of one-third (1/3) of the Matching Funds payable at the time of execution of this Agreement; an additional one-third (1/3) of the Matching Funds (totaling a minimum of 2/3 of the Matching Funds) payable prior to January 15, 2019; and the remainder of any unpaid Matching Funds payable prior to June 15, 2019. Such funds, in combination with the State's general fund appropriation of $300,000, will be used for the purpose of financing the Study, including Commerce's related staffing and administrative costs. Upon request, but not more City of SeaTac/Dept. of Commerce (07/2018) Page 1 of 4 40 frequently than once per quarter, Commerce will provide SeaTac with an accounting of all funds expended to complete the Study. 4. Local Participation in the Study. The Proviso directs Commerce to seek feedback on project scoping and consultant selection from the Cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way, and Normandy Park. The Parties acknowledge that nothing in this Agreement is intended to limit Commerce's ability to consult with such jurisdictions. 5. Joint Roles and Responsibilities. Each Party shall be responsible for the following: a. Assign a representative ("Representative(s)") to be responsible for all communications and billings regarding this agreement, and promptly notify the other Party if its Representative changes. • The Representative for SeaTac is Steve Pilcher, Community and Economic Development Director, 206-973-4832, uilc en )c...:..:seatac r :us. • The Representative for Commerce is Gary Idleburg, Senior Planner, 360-725-3045, e . cur gg.g2il .ingl:g.Lwu.. g ov b. Time is of the essence for the Study. The Parties shall work expeditiously and in good faith to transfer Matching Funds in accordance with this Agreement and complete the Study prior to December 1, 2019. This includes allocating adequate staff time and providing all necessary data and other information or materials needed for completion of the Study. 6. Study Management. Responsibility for managing the Study, including procurement and oversight of any contracts for consultant(s), shall be the exclusive responsibility of Commerce, except for consultation with the named Cities and other parties as directed by the Proviso. Commerce's responsibilities include monitoring of work of the consultant in terms of content and timeliness; coordinating with the Cities; arranging meetings; preparing and finalizing a report of the Study and providing that report to the Legislature, etc. 7. Administration of Agreement. Supervision and administration of this Agreement shall be the responsibility of each Parties' Representative, or his/her respective designee. 8. Duration. This Agreement shall be effective upon execution by each party and shall remain in full force and effect through completion of the Study, or December 1, 2019, whichever occurs first. This Agreement may be extended upon mutual agreement of the Parties. 9. Termination. Any party may withdraw from this Agreement, effective upon thirty (30) days written notice to the other parties. If SeaTac is the withdrawing Party, SeaTac shall still be responsible for the transfer of Matching Funds to Commerce as specified in Paragraph 3 of this Agreement. If Commerce is the withdrawing Party, all unobligated or unspent Matching Funds received by Commerce shall be returned to SeaTac. City of SeaTac/Dept. of Commerce (07/2018) Page 2 of 4 41 10. Modification. This Agreement may be modified only by written agreement of the Parties. Additionally, this Agreement may be amended if additional funds for the study become available from either Party or one of the cities named in the Proviso. 11. Disputes. Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from SeaTac, one representative from Commerce, and a mutually agreed upon third party. The dispute panel shall thereafter decide the resolution of the dispute with the majority prevailing. 12. Written Notice. All communications regarding this Agreement shall be sent to the parties at the email addresses listed in Paragraph 5 of this Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of transmittal, and shall be deemed sufficiently given if sent to the addressee at the email address stated in this Agreement or such other address as may be hereafter specified in writing. 13. No Indemnification. Each Party to this Agreement shall be solely responsible for its own acts and/or omissions and those of its officers, employees and agents. No Party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this agreement. Subcontracts, if any, shall include a comprehensive indemnification clause holding harmless the Parties, the state of Washington, and their officers, employees and authorized agents. The provisions in this section shall survive the termination of this Agreement. 14. Non -Discrimination. The Parties shall not discriminate on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital status, or any other basis protected under state or federal law as it relates to each Party's performance and obligations under this Agreement. 15. Venue. This Agreement shall be deemed to be made in Thurston County, State of Washington, and the legal rights and obligations of the Parties shall be determined in accordance with the laws of the State of Washington. All legal actions in connection with this Agreement shall be brought in the Superior Court situated in Thurston County, State of Washington, and each Party shall be liable for its own attorneys' fees and costs. 16. Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both Parties. 17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties. City of SeaTac/Dept. of Commerce (07/2018) Page 3 of 4 42 WASHINGTON STATE DEPARTMENT OF COMMERCE CITY OF SEATAC Mark Barkley, Assistant Director Joseph Scorcio, City Manager DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: Sandra Adix, Mary Mirante Bartolo Assistant Attorney General SeaTac City Attorney City of SeaTac/Dept. of Commerce (07/2018) Page 4 of 4 43 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 PIUM Street SE PO Box 42525 Olympia, Washington 98504-252'5 (360) 725-4000 www.commerce.wa,.gov June 6, 2018 r. S randon Miles usiness Relations Manager City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 RE: Study on the current and on -going impacts of the Seattle -Tacoma International Airport - The implementation of Engrossed Substitute Senate Bill (ESSB) 6032-Section 127(63). Dear Mr. Miles: The Washington State Legislature formally asked the Department of Commerce (Commerce) to begin a study that evaluates the on -going impacts of the Seattle -Tacoma International Airport. The study has the following parameters: $300,000 of the general fund —state appropriation for fiscal year 2019 and $300,000 of the general fund —local appropriation are provided solely for Commerce to contract with a consultant to study the current and ongoing impacts of the SeaTac International Airport State funding provided in this serves as a state match and may not be spent unless $300,000 of local matching funds is transferred to Commerce. Commerce must seek input on project scoping and consultant selection from the cities of SeaTac, Burien, Des Moines, Tukwila, Federal Way and Normandy Park and the Port of Seattle plus members of the legislature. Commerce must collect data and relevant information from various sources including the Port of Seattle, the listed cities and communities (above), and other studies. The study must include, but not be limited to, an analysis of the impacts that the current and ongoi g airport operations have o quality of life. These impacts are associated with air traffic noise, public health, traffic, congestion, parking in residential areas, pedestrian access to and around the airport, public safety and crime within the cities, effects on residential and non-residential property values, and economic development opportunities, in the cities of 44 Mr. Brandon Miles Business Relations Manager June 6, 2018 Page 2 SeaTac, Burin, Des Moines, Tukwila, Federa neighborhoods. The study should also provide options and recc impacts identified through the analysis. Way, Normandy Park, and other impacted mendations for mitigating any negative The study must be delivered to the legislature by December 1, 2019. This letter is a formal introduction and invitation. Commerce would like to begin having discussions with you and/or your representatives about forming a committee that will develop a final scope of work and/or he part of the process of choosing a consultant to help complete this task by December 1, 2019. Please contact me if you have any questions. We wil our initial activities. be contacting you to begin to meet and organize We look forward to working with you and your representatives. Sincerely, cY Gary Idleburg Senior Planner Growth Management Services Gar .1dIebur commercewa.gov 360.725.3045 GI:lw cc: Mark McCaskill, AICP, Managing Director, Growth Management Services Ike Nwankwo, Western Region Manager, Growth 'Lanagement Services Jaime Rossman, Policy Advisor, Directors Office, Department of Commerce 45 STATE OF WASI-IINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 ® (360) 725-4000 www.commerce.wa.gov MEMORANDUM DATE September 12, 2018 TO: Sea-Tac International Airport Study Advisory Committee (SSAC) FROM: Gary Idleburg, Senior Planner, Local Government Division SUBJECT: Public participation and next steps for the study This memorandum is a reminder and a request for public participation in this study. Our last meeting resulted in a number of important decisions which will affect our work 1. Committee representative from each City and the Port of Seattle will select a public representative from their jurisdiction to sit on the full SSAC in developing the "statement of work" among other duties tasked to the committee. 2. A new project schedule and project charter will be developed for signature by the full SSAC. 3. Subsequent meetings will be in the following format; A subcommittee comeposed of City and Port staff representatives will develop draft work products for the full SSAC (including public representatives) to review and help finalize. 4. The State Legislators on the SSAC will work with their colleagues in the legislature to change the due date of the study. The Department of Commerce (Commerce) requests that the the City and Port representatives select a public representative for the committee as soon as possible. We will need an aggressive schedule to complete this work. This added step in our process will likely delay our delivery date to the legislature until sometime in the spring of 2020. We would like to reduce that delay as much as possible by filling the public representative positions and meeting again as soon as practicable. Please contact me at Commerce (nary.idleburg commerce.wa.gov) or by phone 360.725.3045 if you have questions or need assistance. Thank you for your participation and cooperation. 46