HomeMy WebLinkAboutReg 2018-11-05 Item 4E - Interlocal Agreement - SeaTac International Airport Impact Study with Tukwila et al for $14,445.61COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared by
Alayor;r review
Council revien,
11/05/18
BJM
if
ITEM INFORMATION
ITEM No.
4.E.
STAFF SPONSOR: B. MILES
ORIGINAL AGENDA DATE: 11/5/18
AGENDA ITEM TITLE Interlocal Agreement with the Cities of SeaTac, Des Moines, Burien, Federal Way,
and Normady Park to provide $14,445.61 in matching funds for the Department of
Commerce to complete a "SeaTac Airport Impact Study."
cATF,GoRy E Discussion
Mtg Date
z Motion
Mtg Date 11/5/18
E] Resolution
Altg Date
[1] Ordinance
Mtg Date
Z Bid Award
Mtg Date
0 Public 1 earl q
Mtg Date
VI Other
Mtg Date 11/5/18
SPONSOR Counci 1 ZMayor ZHR DCD E Finance Fire E TS E
Dcoiert
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SP oNSo it' S The Washington State Legislature has provided $300,000 to the Department of Commerce
SUMMARY to complete an impact study associated with the operation of Sea-Tac Airport. A local
match of $300,000 is required in order for the Department of Commerce to complete the
study. the City of SeaTac has committed $150,000 to the local match requirement and the
cities of Burien, Des Moines, Normandy Park, and Federal Way have committed funds based
on population. Tukwila per capita contribution is $14,445.61.
REVIEWED BY
ril C.O.W.
Mtg. fl CDN Comm
Arts Comm.
• Finance
Comm. [1]
Comm.
CHAIR: MCLEOD
Public Safety Comm.
11 Trans &Infrastructure
111 Parks
COMMITTEE
. Planning Comm.
DATE: 10/22/2018
RECOMMENDATIONS:
sPoNsoR/ADNIIN.
CommilIEN
Mayor's Office
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$14,445.61 $N/A $N/A
Fund Source: FUNDS WILL COME FROM ENDING FUND BALANCE FROM EITHER MAYOR'S OFFICE OF FINANCE DEPARTMENT.
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/5/18
MTG. DATE
ATTACHMENTS
11/5/18
Informational Memorandum dated October 9, 2018
Final Interlocal Agreement
Commerce Agreement with City of SeaTac
Letter from Commerce to Tukwila, dated June 6, 2018
Memorandum from Commerce to cities, dated September 12, 2018
Staff memo to Committee of the Whole, dated July 17, 2018 (without attachments)
Minutes from the Transportation and Infrastructure Corn. of 10/22/18
19
20
TO
FROM:
CC:
DATE:
SU
City of Tukwila
I
F
T1
E
Transportation and Infrastructure Committee
Brandon Miles, Business Relations Manager
Mayor Ekberg
October 9, 2018
JECT: 2019
Allan Ekberg, Mayor
U
udget Proviso for SeaTac International Airport Impact Study
ISSUE
Authorizing Mayor to Sign Interlocal Agreement (ILC) with the Cities of SeaTac, Normandy
Park, urien, 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
unen
Des Moines
Federal Wa
Normandy Park
Tukwila
Other Cities
Subtotal
SeaTac
Total Population
Represented
Total Local Match
Funds for Study
50,680
28,850
232,995
Per Capita Share 0.7348
(5.1993 SeaTac)
37,238,24
$22,675.06
$70,795.27
$150,000
50,000
300,000
21
IN FOR
Page 2
ATIONAL MEMO
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 Dece ber 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).
22
AGR,., E:. 17NT
'S • N,. NO
MATFCING
CITIES
y
rAG It) P OV:
OR THE SEA TAG
PACT STUDY'
YRIEN,
AL WAY,,
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
fluids 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."
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, "S300,000 of the general fund -state appropriations far fiscal
year 2019 and $300,000 of the general fund -local appropriation are provided solely iTor the
department to contract with a consultant to study the current and ongoing impacts of the
Sea-Tac International Airport. The general fund -state 'fividing 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 ,S300,000 so that the Study may proceed.
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. Contract Administration. 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. Seal 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. Joint Roles and Responsibilities. Each Party shall be responsible for the following:.
a. Each Party shall assign a representative(s) ("Party tr,epresentative(s)") to help
prepare and participate in review of draft work products as provided by Commerce,
The Party Representative for Sca'l'ac will communicate any changes to schedules
and other pertinent information 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 :fel': this Study. The Parties shall work epeditiously and in
Page I. of(
23
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. Contract .l\lana Tetnent. 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 Managei ent. By entering into this Agreement, the Parties commit to providing
their defined share of tile $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 hinds to Seallac in accordance with the
schedule identified in ,Exhibit A. While SeaTac may elect to transfer funds to Commerce
in advance or receiving pa:yinents 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. Ditration. 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 he extended upon.
mutual agreement of all Parties.
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 Sea'fae. 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 Pis )utic Resolution. 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 .matmer 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. All communications regarding this Agreement shall be sent to the Parties
at the addresses listed in Exhibit .B, unless :notified to the contrary. Any written notice
hereunder shall become effective. three (3) business days after the date of transmittal, and.
shall he 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
24
1.2. .Hold1114170110ss. Each puny 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,
1.3. N n-1)1ser1:11nation., 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 Commerce language..
14. $eyerabil1ty. 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.
1.5. Entire Agreement. Ibis Agreement constitutes the entire agreement between the parties.
Any modifications or amendments to this Agreementshall he in writing and shall be signed by.
each party.
Page 3 of 6
25
BU JEN
Brian J. Wilson,: City Manager.
:F.)A7FE:
APP t OVE
AS T
F
Lisa Marshall, City Attorney
CITY OF TV K NYIL.
Allan Ekberg, Mayor
DATE::
A. RO El) AS T F
Rachel Tturpin, City Attorney.
CITY
•
7 FE.
ER I, WAY
Jim Ferrell, Mayor
DATE:
A ROVED AS TO FORM:
I. Ryan Call, City Attorney
CITY DES N INES
'Michael :Matthias, City Nlariager
A
ROVED AS T
Tim George, Cit
CITY N
A
..orney
Matt E. Fl yyt -1, CO
DATE:
APPIZ
VED AS 'f
James Efan.ey, City
CIT OF SE.AyAC
•
ttor ley
oscon Scoreio, City Manager
DATE: 2/
AP
ROVE
AS TO .FORE
i/e,',111//Cett
Mary E. lirante Bartolo„ City Attorney'
2 6
Page 4 o
,41A
BC UN
1,t
in an J W !sw ity Manger
egT„.. 3 :',041Sc
„ ',RCN:cll.) AS TO .FORM:
/•°,
......../ •
LiiiaAarshall, City Attorney'
CITY OF 17.111T
Allan..Ekberg, Mayor
DATE:
APPROVED AS TO
Rachel Turpin. City Attorney.
CITY OF FEDERAL" '
Jain. Ferrell, Mayor
DATE: DATE:
APPROVE
S ° IR
J. Ryan Call, City Attorney
APPROVED .AS -°„' •
CITY OF DES OINES
Michael .Matthias, City .Manager
DATE:
AP ROVE
ASTO
Tim George, City Attorney
N
CITY OF 1 C ANDY PAR
Nlark. E. I-Ioppen,, City Manager.
DA.TE:
0°V....t..D AS TO FORM:
James Haney, City Attorney
CITY OF SEA.TA.•Cl
Joseph Scorcio, City Manage-
10R.
...tYlary E. .Mirante °B•artalo, City Attorney'
.Page 3 of 6
27
'Y OF
Brian J. Wilson, City Manager.
DATE:
A. ROVE
T FOI
Lisa Marshall, City. Attorney
CITY
'
TU
Allan Ekberg, Mayor
DATE:
4
VE:
AS
Rachel T ri in, City Attorney
CITY. FEDERAL
eaell, 4aypr
ATE:
APP
e
TO
A
J. Ryan Call, City Attorney
CIT
OF
Michael Matthias, City Manager
DATE:
V
F.
N
S TO
411
11M.:
Tim George, City Attorney
CITY F N AN Y
ARK
Mark E. Hoppen, City Manager
DATE:
A
VEE) AS T
qiN
James Haney, City Attorney
CIT
F SEATAC
Joseph Scorcio, City Manager
ATE:
P.
S.
VE
AS TS F
•
RM:
Mary E Mirante Bartolo, City Attorney
Page 4 of 6
28
TY.' OF .BERIEN
/361e.
Brian J. Wilsoli Jity Manager
DATE:
APPR VED AS TO .FOR
Lisa Marshall, City Attorney
CITY OF TUK..I
LA
Allan Ekberg, Mayor.
'DATE: . ...........
A P
VED AS T FO
Rachel Turpin, City Attorney
CITY O FEDERAL WAY
Jim Ferrel, Mayor.
DATE:
APPROVED AS T
FORM:
I-^.----
j, Rysan. Call„ City Attorney
CITY OF :DES
II
ONES
Michael Mt thins, City Manager
DATE: /0-2IF
APPROVED AS TO FORM:
Tim George, City Attorney
CITY OF NORMANDY PARK
Mark E. Hopper", City Manager
DATE:
APPROV It AS TO FOR
James flarkiy, City Attorney
CITY EAT., '„
Joseph Scoreio, City Manager
DATE:
APPR.OVE': AS. TO FORM:
Mary E. Mirante Bartolo, City Attorney
Page 4 of 6
A.
29
Burien.
Des Moines
Federal Wa
Normandy Park.
Tukwila
her Cities Subtotal.
lotal Populatint,
Represented.
Total ,Local Match
Funds .tor Study
2017
BIT A
population
esti
50,680
30,860
96,350
•6,595
19,660
28,850
232,99.
7VMENT SCRA,DULE
Per Cap& Share 0,73 8
(5.1993 SeaTac)
$37,238.24
'?2,675.06
$70,795.27
$4,845.8
4,445.6
$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 1801 Street, SeaTac, WA 98188,, and should reference "Sea -Toe impact Study Local
Match,"
$37,238.24 no later than September 30.. 2018,
Des Moines: S22,675.06 no later than July1 _2049.
Federal Way:
$35,397.64 no later than January 31, 2011[9 and $35,397.63 nolater
than January 3 I_ 2020.
INormandy Park: $4,845..82. no later than September 1,.2018..
$1 LL.445.„61 no later than December 3 I.., 2018.
Page 5 of 6
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Brian J. Wilson, City Manager,
Burien City Hall, 400 SW 152nd St, Suite 301. Burien, WA 981.66
Lisa Marshall, City Attorney,
Burien City Hall, lOt) SW 152nd St., Stine 300, Burien, WA 98166
3. Michael Matthias, City Manager,
City of Des Moines, 21630 1 1 di Ave S„ Suite A, Des Moines, WA 98198
4. Tim George, City Attorney, City of Des Moines,
21630 1 1th Ave. S., Suite D, Des Moines, WA 98198
5. Allan Ekberg, Mayor, City of Tukwila,
6200 Southcenter 'Boulevard, Tukwila, WA 98188
6. Rachel Ttupin, City Attorney, City of Tukwila,
Kenyon Disend, PLLC, 1 1 Front St. S., Issaquah, WA 98027
Mark L Hoppen, City Manager,
Normandy Park City Hall, 801 SW 1 74t11 Street, Normandy Park, WA 98166
8. Jim Haney, City Attorney, City of Normandy Park,
Ogden Murphy Wallace, P.L.1..,,,E„ 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 Seorcio, City Manager,
SeaTac ('.lit y Hall, 4800 South 188th Street, SeaTac, WA 98188
17, Mary E. Mirante Bartolo,
SeaTac City Hall, 4800 South 188th Street, SeaTac, WA 981 88
P ago 6 of 6
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32
AGREEMENT .BETWEEN THE CITY OF SEATAC AND THE
WASHINGTON STATE DEPARTMENT OF COMMERCE TO PROVIDE
LOCAL MATCHING FUNDS FOR THE SEA -MC AIRPORT IMPACT
STUDY
This Agreement is entered into between the City of SeaTac, a municipal. corporation hereinafter
referred to as "SeaTa,c," 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".
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
5300,000 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 fnndstate 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
33
frequently than once per quarter, Commerce will provide SeaTac with an accounting of all funds
expended to complete the Study.
4. Local PartjsIration 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 Commerces ability to consult with such jurisdictions.
5.. Joint Roles and Responsibilities. Each Party shall be responsible for the following:
a. Assign a representative (Representative") 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 Pitcher, Community and Economic Development
Director, 2.06-973-4832., spficherAci.searac.wa.us
The Representative .for Commerce is Gary Idleburg, Senior Planner, 360-72.5-3045,,
ciarv.rdiebirg@corrimerce.wa.gay.
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. Unistration of Agreement. Supervision and administration of this Agreement shall be the
responsibility of each Parties' Representative, or his/her respective designee.
. 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. Tr, 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 u.nobligated or unspent Matching Funds,
received by Commerce shall be returned to SeaTac.
City of SeaTac/Dept. of Commerce 07/2018)
Page 2 of 4
34
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 Notiee,,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.
1,4. 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 'fhurston 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. Severabilitx. 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 Areement, This Agreement constitutes the entire agreement between the Parties.
City of SeaTac/Dept. of Commerce (0712018)
Page 3 of 4
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WASHINGTON STATE
DEPARTMENT OF COMMERCE CITY OF SEATAC
Mark:••• ••••••••••••••
MBarklcy, Assistant Director
DATE:
APPRC VED AS TO FORM:
Sandra Adix,
Assistant Attorney General
Joseph Scorcio, City Manager
DAT —
APPROVED AS TO FORM:
Mary Mirante Bartolo
SeaTa.e City Attorney
City of SeaTac/Dept of Commerce (0712018)
Page 4 of 4
36
STATE OF WASHINGTON
DEPARTMENT OF CO v1MERCE
ion Plum Street SE , PC) Box 42525 , Olympia, Washington 98504-2525 (360)725-4000
wwmcommerce.wagov
June 6, 2018
Mr. Brandon Miles
Business 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:
S300,000 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 finding 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
ongoing airport operations have on 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
37
Mr. Brandon Miles
Business Relations Manager
June 6, 2018
Page 2
SeaTac, Burien, Des Moines, Tukwiia, Federal Way, Normandy Park, and other impacted
neighborhoods.
The study should also provide options and recommendations for mitigating any negative
impacts identified through the analysis.
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 be 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 will be contacting you to begin to meet and organize
our initial activities.
We look forward to working with you and your representatives.
Gary Idleburg
Senior Planner
Growth Management Services
Gary.Idle.burge,commerce.wa.ggv
360.725.3045,
G1:lw
cc: Mark McCaskill, A1CP, Managing Director, Growth Management Services
Ike Nwankwo„ Western Region Manager, Growth Management Services
Jaime Rossman, Policy Advisor, Directors Office, Department of Commerce
2
38
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 ( 60) 725-4000
www.cornmerce.wa.gov
MEMORANDUM
DATE September 12, 2018
TOE Sea-Tac International Airport Study Advisory Committee (SSAC)
FROM: Gary ldlcburg, 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 ma number of important decisions which will affect our work
L 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 (gary„dieburcommercemp.gpv) or by phone 360.725. D45 if you
have questions or need assistance. Thank you for your participation and cooperation.
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40
City of Tukwila
I FO ATION E
TO:
FROM: Brandon Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: July 17, 2018
SUBJECT: 2019 Budget Proviso for SeaTac International Airport Impact Study
ORA DU
Allan Ekberg, Mayor
Committee of the Whole
ISSUE
Update on 2019 Budget Proviso for SeaTac International Airport mpact Study.
BACKGROUND
On February 26, 2018 Committee of the Whole was briefed on a proposed budget proviso
pending with the Washington State Legislature. The proviso was included in the final adopted
budget for the State. The proviso would provide 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 be provided in order for Commerce to use
the funds. The City's Transportation and Infrastructure Committee discussed the proviso at four
of its meeting to discuss if the City should provide funds for the local match require ent.
The final adopted budget proviso language, as amended, is as follows:
(63)(a) $ 300,000 of the general fund -state appropriation for fiscal year 2019 and 300,000 of
the general funds -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 department
must seek feedback on project scoping and consultant selection from the cities listed in (b) of
this subsection.
b) The study must include, but not be limited to:
i) The impacts that the current and ongoing airport operations have on quality of life
associated with air traffic noise, public health, traffic, congestion, and parking in
residential areas, pedestrian access to and around the airport, public safety and
crime within the cities, effects on residential and nonresidential property values,
and economic development opportunities, in the cities of SeaTac, Burien, Des
Moines, Tukwila, Federal Way, Normandy Park, and other impacted
neighborhoods; and
ii) Options and recommendations for mitigating any negative impacts identified
through the analysis.
c) The department must collect data and relevant information from various sources including the
port of Seattle, listed cities and communities, and other studies.
d) The study must be delivered to the legislature by December 1, 2019.
The fiscal year for the State began on July 1, 2018,
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INFORMATIONAL MEMO
Page 2
Following the adoption of the budget, the Chairs of the State House Appropriations Committee
and the State Senate Ways and Means Committee sent, a letter to Commerce with refined
language (see attached), It was noted that the language came too late to be included in the final
draft of the State budget. The main modification was that Commerce was also directed to look
at the benefits of SeaTac International Airport on surrounding cities as a result of proximity to
the airport. The options section was also expanded to include a discussion regarding "
bolstering potential benefits," Per Commerce, the adopted budget language governs, but the
letter provides good guidance on the legislative intent of the proviso.
The Cities of Tukwila, SeaTac, Federal Way, Normandy Park, Burien, and Des Moines have
been meeting to discuss providing the local match. 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
Burien
2017 OFM population Per Capita Share 0.7348
estimate (5.1993 SeaTac)
Des Moines
Federal Way
NormandyPark
Tukwila
Other Cities
Subtotal
SeaTac
Total Population
ReD resented
Total Local Match
Funds for Study
50,680
30,860
$37,238.24
$22,675.06
96350 $70,795.27
6,595 $4,845.82
19,660 4,445.61
232,995
$150,000
00,000
Staff from the six cities supports the allocation of the match as outlined in the table above. City
Councils from the other cities may need to approve the final contribution. With the local match
and the State Funds, the total amount of funds available is $600,000, There is some initial
concern that these funds may be insufficient to complete an in-depth study. Commerce has
already indicated they study would like to be survey of existing studies and data already
available and that it's unlikely that new primary research will be completed, The City of SeaTac
has indicated it may be willing to contribute an additional $100,000 to expand the scope of the
study.
DISCUSSION
Tukwila's impact from Sea-Tac Airport are much different than the other five cities. While
Tukwila has some minor impacts from noise and odor, the City does not have the sal
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42
INFORMATIONAL MEMO
Page 3
significant impact as the other cities that are directly below the takeoff and landing approaches,
Tukwila is impacted by traffic, and use patterns, and impacts to public services
A recent study by the Port of Seattle estimates that Sea-Tac Airport contributes $742 million in
economic activity within the City, providing over 5,000 jobs, Participation in the budget proviso
study will also identify the positive impacts the Airport has on the City and will assist the City in
how to better leverage our relationship with the Port to benefit the City's community members.
RECCOMENDATION
Staff recommends that the City provide
proviso.
ATTACHMENTS
1444561 as Tukwila's per capita match for the budget
A. June 6, 2018 Letter from tepartrnent of Commerce to the City of Tukwila.
B, _Pages from the adopted Washington State Budget,
C. March 21, 2018 Letter from Washington State Legislature to Department of Commerce.
D. February 12, 2018 Letter, with attachment, from City of SeaTac to City of Tukwila,
E. February 14, 2018 Letter from City of Des Moines to Representative Timm Ormsby,
F. Federal Way Resolution No, 18-735.
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44
Transportation &
astructure Committee Minutes „-- __October 22, 2018
C. Contr@ct: 2019 Overlay & Repair Program
Staff is seeking Council approval of a contract with KPG, Inc. in the amount of $ 56,172.00
for design of the 2019 Overlay and Repair Program. Committee members and staff
discussed that design contracts differ from construction contracts in that they do not have
to be bid. Cities can choose the best qualified designer for a project and KPG was selected
due to their qualifications and experience with Tukwila, UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA.
D. Resolution: 2.019 Legislative Agenda
Staff is seeking Council approval of a resolution that would adopt a legislative agenda for
use in Olympia during the next session. The Legislative Agenda provides direction to staff
on policy positions. Tu<wila's state lobbyist, Jennifer Ziegler, has notified the City she is
going to discontinue service and staff will return with a proposal for a replacement. The
draft Agenda includes relevant additions and deletions including reference to the
Allentown Bridge, reestablishing the Streamlined Sales Tax Mitigation payments, and
changing the day fate for inmates to ensure equitable reimbursements to facilities like
SCORE. Councilmember Quinn suggested adc ing language referencing the efforts of the
Streamlined Sales Tax mitigation tax force. Staff will prepare an amendment for the
Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO NOVEBMER 13, 2018
COMMITTEE OF THE WHOLE.
E. interlocal Agreement: SeaTac International Air ort Impact Study
Staff is seeking Council approval of an interlocal agreement with SeaTac, Normandy Park,
Burien, Federal Way, and Des Moines that outlines the local matching funds for the Sea-Tac
Airport Impact Study as required in the State's budget proviso. The City Council previously
approved Tukwila's share of $14,445,61. Since the last briefing, the Department of
Commerce has changed the format of the regular meetings of the six cities to include one
community representative from each and for the meetings to be open to the public.
Tukwila's representative will be former Mayor Jim Haggerton. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 5, 2018 REGULAR CONSENT AGENDA.
II. SCATBdiRTC
III. MISCELLANEOUS
Councilmembers and staff discussed the project summary included in the packet as well as the
October 21, 2018 water main break on Andover Park East.
The Transportation Committee Meeting adjourned at 6:44 p.m.
Committee Chair Approval
nutes by LH
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