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HomeMy WebLinkAboutCDN 2019-01-29 COMPLETE AGENDA PACKETCity of Tukwila Community Development & Neighborhoods Committee • De'Sean Quinn, Chair • Dennis Robertson • Verna Seal AGENDA TUESDAY, JANUARY 29, 2019 — 5:30 PM HAZELNUT CONFERENCE Room (At east entrance of City Hall) Distribution: D. Quinn D. Robertson V. Seal K. Hougardy Mayor Ekberg D. Cline R. Bianchi C. O'Flaherty L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A contract for the 2018 Minor Home Repair Program. a. Forward to 2/4 Consent Pg.1 Stacy Hansen, Human Services Program Coordinator Agenda. b. Applications for lodging tax funds: b. Forward to 2/4 Consent Pg.55 • Seattle Southside Regional Tourism Authority (for 2019-2020) in the amount of s405,000. Agenda. • Museum of Flight for $100,000. • City of Tukwila for $127,045. • Starfire Sports for $44,500. Brandon Miles, Business Relations Manager c. Lower Green River Corridor Plan — Flood Hazard c. Discussion only. Pg.105 Management Plan. Ryan Larson, Senior Program Manager, Surface Water d. Tukwila 205 Levee Certification — Phase II draft report. d. Discussion only. Pg.121 Ryan Larson, Senior Program Manager, Surface Water e. Community Development and Neighborhoods e. Discussion only. Pg.165 Committee 2019 Work Plan review. Laurel Humphrey, Council Analyst 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, February 12, 2019 t). The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods FROM: Stacy Hansen, Human Services Program Coordinator CC: Mayor Ekberg DATE: January 11, 2019 SUBJECT: Minor Home Repair Program ISSUE Council's authorization is necessary for the City to enter into a contract with King County to utilize Community Development Block Grant (CDBG) funds for the Minor Home Repair Program. This contract for $90,000 will be dispersed between Tukwila (lead contract administrator), Covington, Des Moines and SeaTac. Each City will receive $22,500 to provide health and safety repairs in low -to moderate -income, owner -occupied homes. BACKGROUND Since 2005, Tukwila has been the lead administrator for the Minor Home Repair Program. The attached contract represents 2018 awarded funds in the amount of $90,000. The contract will begin early February and will conclude mid -November of 2019 (CDBG funds lag one year). In 2018 (with 2017 funds), this program served 56 unduplicated residents and provided 397 hours of repairs for all four partner cities. 15 were unduplicated Tukwila households representing 75.50 hours of repairs for a total of 21 individual repairs. DISCUSSION This contract award is the result of an extensive application process that competes with other applicants (cities, non -profits) for funds dedicated to the south sub -region. The Tukwila Human Services Program Coordinator applies for and administers the Minor Home Repair Program and provides on -going technical assistance to the partner cities to ensure contract compliance. RECOMMENDATION Staff is asking that this item be forwarded to the February 4, 2019 Regular Council meeting Consent Agenda. ATTACHMENTS 2018 Contract with King County for Community Development Block Grant funds. 1 2 onc oignenvcvne|czooncAo1*41x7-400a-9se1'enorzoA7«oop Department of Community and Human Services EXPENDITURE TRANSMITTAL FORM ContnanUReferenneNo.: 6065103 0CHGDivigion Community Services Division Amendment No.(if applicable) Contractor Name: City ofTukwila Contract Total or $ this Action: $90,000 11118 Contract Start Date (if app|icable) Previous Total: " Amend Start Date 12/01/2018 Division Contact: KathvTramper Description: Amended Total: Contract End Date: 11/15/2O1g Tukwila Minor Home Repair Program CDBG funds will be used to rehabilitate and provide health and safety oriented work for L/Mincome homeowner occupied housingVz preserveaffordable housing units. The funds pay for repair and raha in edecthoa|, plumbing and other trades in Des Moines. Covington, SeaTac and Tukwila. Internal Approval: Program Coordinator/Manager: BF Fiscal Review: cc Equal Benefits Review (attach if required) NA Quality Control Review: MH FineDo8ManogerV\eaistant Finance PNngr. Review: T8 Department Chief Financial Officer Review: Date: 12/31/2018 Date: 12/31/2018 Date: 12/31/2018 Date: 12/31/2018 Contractor Contact Information Authorized signer Name Allan Ekberg Authorized signer E-nloi| al Ian. ekberg@tukwilawa.gov Other Oocu i n Recipient Information: *Rachel Turpin must DocuSign contract before (ie. en route to) Mayor Allan Ekberg. Please cc KathyIremper, Andrea Smith and Stacy Hansen ( gov). 2018Expeuditur Transmittal Form (yellow) 4 DocuSign Envelope ID: 3CO2A510-4lA7-40BB-96El-EOC72OA745DF Contractor Project Title King County City of Tukwila Department nfCommunity and Human Services Community Services Division Housing and Community Development Section TTYRelay: 711 Tukwila Minor Home Repair Program Contract Amount $ 90,000 Contract Start Date: 12/01/2018 Contract End Date 11/15/2019 Termination Date (where applicable): 11/15/2019 DUNS No. (if applicable) 010207504 SAM No. (if applicable) 47Z60 Federal Taxpayer|ONo. 916001519 KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT— 2O18 THIS CONTRACT No. O0651O3isentered into bvKING COUNTY, a politicalsubdivision ofthe State qfWashington (the 'Cnunty,),and City ofTukwila, (the ^ContraotU[^).whose address |sb2UU Southcenter Blvd, Tukwila, WA 98188. This Contractor is Municipal Corporation licensed in the State ofWashington. Use ofthe term "Contractor" in hi Contract iofor ease ofreference only and |nnn respect signifies that the party --'is'o'Contractor'aedescribed |n24CFF�§S2"504(o)��). ` `. .. WHEREAS, the County ie-n~ -~nCVunh/namoientnf Community -- Block Grant Program /COBEUfunds under the Housing and Community Development Act of1074. Public Law 93- 383 as amended (HCD Act); HOME Investment Partnerships Program (HOME) funds under the National Affordable Housing Act nf1S&OPublic Law 1O1'O258samended ''NAH/\'').The County allocates, Regional Affordable Housing Program (RAHP) funds. and Homeless Housing and Services Funds, Veterans, Seniors and Human Service Levy funds and Mental Illness and Drug Dependency (MIDD) funds to low-income housing development capital, infrastructure investment, energy efficiency and science, assistance tothe unemployed and/or service projects endCurrentEkpenaa(C)Qfunds tDhousing and community development projectsinaoconjonoew/ithodoptedCountynrdinancea.The County uses CDBG, H(]yNE, HOF, RAHP. Veterans and Human Services Levy funds and/or CX funds for the purpose of carrying out eligible community development and housing activities under the HCD Act. the NAHA, regulations promulgated by the U.S. Department of Housing and Urban OeVn|Opnmanf (HUO)et24Code ofFederal Regulations (CFR)Part 570.24CFRPart D2.24CFF{Part 570,and adopted County Ordinances. (All CFRreferences can befound othttp://vvvvvv.occene.qpV.qov/noro/nfr/ofr-tob|e-oeornh.btnn|. All King County code references can be found othttp://vvvvvv.kinqCQVnty.qov/noUnc||/|eqis|ation/kc cOU8.aspx); WHEREAS, an Urban CountyCOBG Consortium has been established byCDBG |nter/000| Cooperation Agreements [)BG|CAa)nrjoint agreements between the County and certain municipal corporations (Consortium Cities) within the County covering program years 2017-2019. The CDBG /CAaspecify allocation ofCOBGfunds bythe County tothose participating jurisdictions for use jD accordance with the County Consolidated Housing and Community Development Plan (HC[]P|an). The HCD Plan has been adopted by the King County Council, accepted by participating jurisdictions and approved byHUD; WHEREAS, a HOME Consortium has been established by HOME ICAs between the County and certain HOME Consortium Cities covering 2017-2019, the terms of which specify allocation of HOME This form is available in alternate formats Upon request for Oe[Goyls with disabilities. oncvSignEnvelope ID: n000xn1u-41Ar-4oBa-9nE1-Eoc7unx74sor funds by the County for use inaccordance with the HCD Plan which has been adopted by the King County Council, accepted by participating jurisdictions, and approved by HUD; WHEREAS, the County desires to award certain funds to the Contractor for use as described in this Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as applicable under the HCDAot. NAH8. HUD regulations, State |ovvs. and/or adopted County ordinances; WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County to undertake such eligible activities, so long as the requirements of the HCOAct. NAHA, HUD Regulations, State law, and County ordinances are adhered toas provided for herein; WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and regulations that pertain tothe funds awarded inthis Contract; WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of the following: County ordinance, HC[lAct, NAHA, Revised Code ofWashington (RCVV) Chapter 39.34.RCVVChapter 35.21.730atoeq..the Constitution and the enabling laws ofthe State of Washington; NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter mentioned, tobemade and performedbxthe parties hereto, the parties .mutually covenant and agree to abide by the provisions of this Contract. City cvTukwila Page aof41 zo10Contract —6065103 000uSignEnvelope ID: aCVx*m0-*1Ar-4oB0-96E INDEX TO CONTRACT i Scope ofContract and Incorporation of Exhibits U. Duration ofContract ||i Term ofCompliance for Capital Projects |V. Future Support V. Compensation and Method nf Payment V|. Budget V||. Equipment Purchase, Maintenance and Ownership V||}. Contract Amendments |){. Internal Control, Accounting Systems and Audits X. Maintenance of Records }{|. Evaluations and Inspections >(||. Proprietary Rights X|||. Corrective Action }(|V. Assignment nnnent XV. Termination >(V|. Entire Contract/Waiver ofDefault XV||. Hold Harmless and Indemnification Xy|||` Insurance Requirements -General )(/){. Nondiscrimination and Equal Employment Opportunity )<X. Subcontracts and Purchases XX|. Nondiscrimination insubcontracting Prmodoen X)(||. Conflict nfInterest XX|||. Board of Directors XX|\/. Confidentiality XXV. Personal Information — Notice of Security Breach XXV. Compliance with the Health Insurance Portability and Accountability Act Cf1990 (M|PPA) XXVU'Notices XXViKing County Recycled Product Procurement Policy XX|X. Services Provided |nAccordance with Law and Rule and Regulation >{XX. Political Activity Prohibited XXXL Miscellaneous Provisions XX){||.Affirmative Marketing XXX!||�Ancmsaibi|Uxfor (�ap|ta|Projects XXXIV,. '_ Labor Standards - ^ XXXV.Employment Opportunities onAssisted Construction Projects XXXV|. NoBenefit toOwners and Developers of Assisted Housing )(}{XV||.8upp|onting XX)(V/||. Drug Free Workplace Certification and Other Federal Requirements XXX|){. Constitutional Prohibition )(L. Promissory Note, Deed ofTrust and Covenant |KL|. Anti-Oiap|aoenlentandRe|000Uon Assistance XL|i Property Management for Capital Projects XL|||.Taxes and Licenses )(L|V. Procedure |nthe Event of Cosumky/Condemnation for Capital Projects City of Tukwila Page 3 of 41 2018 Contract — 6065103 DocuSign Envelope ID: 3CD2A510-4lA7-4OB8-96El-EOC72OA745DF EXHIBITS ATTACHED HERETO Exhibit Name Amount Fund8ouroe |. Certificates ofInsurance/Endorsements ||. Tukwila Consortium Minor Home Repair Program $80L000 COBG SCOPE OFCONTRACT AND INCORPORATION OFEXHIBITS A. Scope The Contract between the parties shall consist ofthe signature page, each Program/Project Exhibit incorporated into the Cnntnaot, all matters and |avvo incorporated by reference herein, and any written amendments made in accordance with the provisions contained herein. The exhibits attached to this Contract as Exhibits 1. through 11. are hereby incorporated by this reference. This Contract supersedes any and all former agreements regarding projects described inthe attached p Exhibit(o).|fthere ioaconflict between 'any ofthe language contained |othis Contract and any ofthe language onntainadinenyPr jacVProgranlEXNb|tin this Contract, the language in this Contract shall contno|, unless the parties affirmativelyegreetothe contraryin m writing that has been reviewed'and approvedbythe King County Prosecuting Attorney's<Office. This Contract 'shall govern 'both: 1. Service Projects 8lunnon aem'ioe, planning, program administration and micro- enterprise 2_ Capital Projects (onouiaition.improvement, and rehabilitation ofreal property and construction nrreconstruction nfpublic infnastnunture). The two types pfactivities may beincluded inone Contract asseparate Project/Program Exhibit(s) of Services. B. Mandatory Certifications The Contractor certifies that it shall comply with the provisions of Sections XIX. Nondiscrimination and Equal Employment Opportunity, XXII. Conflict of Interest and XXX. Political Activity Prohibited of this Contract. If the Contractor is a municipal corporation (other than King County), or Contractor of the State of Washington, King County Code (KCC) chapters 12.16, 12.17 and 12.18 do not apply to the Contractor, but may apply to any subcontractor of the Contractor. C. Contact Person King County and the Contractor shall each designate a contact person for each Project/Program Exhibit incorporated in this Contract. All correspondence, reports and invoices shall be directed to the designated contact person. This provision does not, however, supplant or override Section XXVI I. Notices. D. Federal Funds The term "federal funds" as used herein means CDBG funds and/or HOME funds. The specific types of funds provided under this Contract are specified in the attached City of Tukwila oocuGignEnvelope ID: 3co2x510-41x7-4no8*6E1'EnC72o«745or E. Environmental Review This section applies toall projects us|nQfedena|fundaUlotanenotaxonnotunder24 {}FR Pmrt58. Notwithstanding any provision of this cVntnact, the parties hereto agree and acknowledge that this contract does not constitute a commitment of funds orsite approval, and that such commitment offunds nrapproval may occur only upon satisfactory completion of environmental review and receipt of a release of funds from HUD under 24 CFR Part 58. The parties further agree that the provision of any funds to the project iSCond|t|oDedupOnKin0CoVntv'sdet8rnn|noUnntoproceedvv|th.roOdifvo[ cancel the project bosedontheresu|tsofasubseqOentenv|ronnnentm|rexiovv.The Contractor shall not spend any funds on physical 0rcho|oe'|i[niting a{tione, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance. Violation of this provision shall result |nthe denial nfany funds under this Contract. Capital Projects using federal funds shall also comply with subsections F.G.Hand |. F. Environmental Policy Act The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act on implemented by HUD Environmental Review Procedures (24 CFR Part 58) and the Federal laws and authorities identified i for compliance with all such Federal laws and authorities includthe cost of preparing plans, studies, reports and the «^publication ofnotices 'that may be required. The Contractor and its subcontractors shall not take any actions inconsistent with 24 CFR Part58. G. National Flood Insurance The use ofCDBGand HOME funds for acquisition Vrconstruction purposes in identified special flood hazard areas shall bosubject toContractor mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973(Pub L.03-237). H. Lead Based Paint The Contractor shall comply with the Lead -Based Paint Poisoning Prevention .Act (42 United States Code 8C)4821-4840`the Residential Lead -Based Paint Hazard Reduction Act nf1SS2(42UGC4851-4O5- and implementing regulations at24CFR Part 35,subparts A\ EL J. K, and FL Generally, these |ovvS prohibit the use of lead - based paint (whenever funds under this Contract are used directly or indirectly for oonotruntinn, rehabilitation or modernization Vfresidential structures); require elimination of immediate lead -based paint hazards in residential structures; and require notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 1078. 1. Environmental Justice The Contractor shall comply with Presidential Executive Order 12808requiring identification and mitigation, as appropriate, ofdisproportionately high and adverse human health orenvironmental impacts ofprograms, policies and activities onminority and/or low-income populations. City of Tukwila Page om*1 2018Contract -Oonn1nx oonuSignEnvelope ID: 3no2x50-41A7-4oB8-96e1'soC72VA745or J. SubreoohantW1nnitohng 1. First-tieroubrecipiento ohoU register in the Central Contractor Registration (CCFl). including obtaining m Dun and Bradstreet Data Universal Numbering System (DUNS) number and maintain the currency Dfthat information. Apass through entity shall be responsible for determining that subrecipients have current CCR registrations prior to making subawards and performing periodic checks to ensure that the subraoipiento are updating information as necessary. 2. Recipients shall require each aVbrenoi»ntto; a. Document at the time of the subaward and disbursement of funds, the Federal award number, Catalog of Federal Domestic Assistance (CFDA) number; and b. Provide similar identification |ntheir Schedule ofExpenditures ofFederal Awards (SEF4)and Form SF-8AC.Additional information, including presentation requirements for the SEFA and SF -SAC, is provided in Appendix V||ofthe 2O0BSupplement (2CFRSection 175.21U). U. DURATION OFCONTRACT The terms of this Contract shall be in effect from the Start Date (as defined in the Project/Program ibi )) or the date of execution of this Contract, whi h is earlier, and shall terminate Dnthe 'Termination Date specified/inProject/Program Exhibit, unless extended to:alater date orterminated earlier, ^^pursuant ~� the terms and conditions ufthe Contract. U|. TERM OFCOMPLIANCE FOR CAPITAL PROJECTS The Contractor shall own and operate the project during the Compliance Period as defined in the Program/Project Exhibit. /V. FUTURE SUPPORT The County makes nocommitment tosupport the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. V. COMPENSATION AND METHOD OF PAYMENT The County shall reimburse the Contractor only for the approved activities specified in each Project/Program Exhibit and the reimbursement amount shall not exceed the amount specified in each Project/Program Exhibit. Reimbursements will be payable inthe following manner. A. Start Date and End Date Start Dates and End Dates for individual projects ahaUbe specified in each Project/Program Exhibit. Costs incurred before the Start Date will not be reimbursed. Costs incurred after the End Date will not be reimbursed. B. Submission ofInvoices, Supporting Documentation and Reports The Contractor shall submit an invoice, supporting documentation for costs claimed in the invoice and all reports aospecified ineach Project/Program ExhibbnrthoCou may not process the invoice. Supporting documentation for costs claimed in the invoice City of Tukwila 10 Page omr41 cmuContraut -nOon1oa ovn"niguEnvelope ID: nCozAn1u4lA7-4nBo-9nsI'eoCronA7^nop includes, but iunot limited to, purchase orders and bills. The County shall initiate authorization for payment b)th Contractor not more than 3Odays following the County's approval of a complete and correct invoice, supporting documentation and reports. C. Final Invoice for Service Projects The Contractor shall submit its final invoice for each Project/Program Exh|b|tprnviding funding for Service Projects withinsevenbuoinaaodays8ftarthe End Date. The Contractor shall submit all outstanding reports for each Project/Program Exhibit providing funding for Service Projects m/|tMn30bVo|nessdoySuftertheEndData. If the Contractor's final invoices, supporting documentation, and reports are not submitted by the last date specified in this subsection, the County shall be relieved of all liability for payment tnthe Contractor nfthe amounts setforth in said invoice orany subsequent invoice; provided, however, the County may elect to pay any invoice that is not submitted iD'atimely manner. O. Final Invoice for Capital Projects Unless provided otherwise |nthe Project/Program Exh|Uit(s).theCmntractorshal| submit its final invoice, supporting documentation, and all outstanding reports for each Project/Program Exhibit providing funding for Capital Projects before the End Ooha specified in theProject/Program `Ekhibit(s). If the Con final invoices, supporting documentation, and reports are not submitted by the date specified in this subsection, the County nho|| be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice; provided, however, the County may elect b} pay any invoice that is not submitted in a Urne|y manner. E. Unspent County Funds 1. After the End Date specified ineach Project/Program Exhibit, for individual projects covered bvthis Contract, the County shall recapture any unexpended funds encumbered under this Contract. 2- During the term nfthe Contract, the County may, ent with the Centrnutor, recapture any unexpended funds for reallocation to other Project/Program activities. Projects using federal funds shall also comply with the following subsections F, G, Hand |. F. Municipal CorporationsnrState Public Agencies If the Contractor is a municipal corporation or an agency of the State of Washington, costs for which the Contractor requests reimbursement shall comply with the policies, gu|de|inea, and requirements of2CFR Part225. "Cost Principles For State, Local and Indian Tribal Governments" and the sections of 24 CFR Part 85 "Administrative Requirements for Grants and Cooperative Agreements toState, Local and Federally Recognized Indian Tribal Governments" identified at [>[NB Circular A-1U2 mnd24 CFR § 570.502(a) Applicability ofUniform Administrative Requirements, unless otherwise provided in the Project/Program Enhib|t(s). City of Tukvvrila 11 oncuSignEnvelope ID: ococxn1*41x7-4naa-9nsx-Eoo72oxr45op G. Corporations |fthe Contractor is annt4opproftcorporation, costs for which the Contractor requests reimbursement shall comply with, unless otherwise provided in the Project/Program Exhibit the policies, guidelines and requirements of2CFF<Part 23O."Cost Principles for Non -Profit Organizations," and the sections of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, identified at 2 CFR Part 215 and 24CFR G 570.502 l ). Applicability ofUniform Administrative Requirements. H. Excess Federal Funds C[>BG and/or HOME funds onhand shall not exceed $5,UUOifretained beyond three days unless written approval is received from the County. Any reimbursement in excess ofthe amount required shall Dgpromptly returned to the County. i Program Income The Contractor shall report all CDBG and HOME Program Income, as defined in 24 CFFl§§02.2.92.5U3'and 57O.5O4(c) and inthe |CAa,generated under this Contract for the purposes specified herein or generated through the project(s) funded under this Contract. Program Income is to be reported to the County. Program income shall b returned to the County unless the County specifies that it may be retained by the Contractor. If the County authorizes the Contractor to retain the Program Income to continue or benefit a project(s), the Contractor shall comply with all provisions of this Contract in expending the funds. This duty to repay the County shall not be diminished orextinguished bythe priorternninetinnofthe[}ontroctpurSuanttoF;ection/|. Duration of Contractor Section XV. Termination. V1. BUDGET The Contractor shall apply the funds received from the County under this Contract in accordance with each Project/Program Enhib|tino|udingo|ineitennbudgst. if applicable, set forth in each Project/Program Exhibit. The Contractor shall request in writing prior approval from the County to revise the line item budget when the cumulative amount of transfers from oline item inany Project/Program Exhib|t|oenpeotedt0exmsadtenpernentofthat line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request. All budget revision requests in excess of ten percent of a line item amount shall be reviewed and approved or denied by the County in writing. VIL EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. Equipment Purchase The Contractor agrees that equipment purchaoedvv\thContrantfVnduatanootof $5.000 per item or more and identified in an exhibit as reinnburomb|e, is upon its purchase or reooipt, the property ofthe Contnaotor. CoUrty, and/or federal, and/or state gnvarnnneMt, as specified in the exhibit. B. Maintenance ofEquipment The Contractor shall be responsible for all such equipment, including the proper care and maintenance. 12 nucuSignEnvelope ID: ocouAs10-41Ar-4oBo-9usl'EoC7zoA745oF C. Equipment Returned The Contractor shall ensure that all such equipment shall be returned tothe appropriate government agency, whether federal, state or cmJnty, upon written request ofthe County. O. Right of Access The Contractor shall admit the County'aProperty Management Officer to the Contractor's premises for the purpose of marking such property with appropriate government property tags. E. Maintenance ofRecords The Contractor shall establish and maintain inventory records and transaction documents (ph requisitions, packings|i invoices, receipts) ofequipment purchased with Contract identified funds. F. Disposition ofEquipment Projects using federal funds shall also comply with the following requirement. If the Contractor ceases fouse equipment purchased 1nwhole orinpart with CDBGfunds for the purpose described in this Contract, or if the Contractor wishes to dispose of such shallequipment, the disposition be determined under the provisions of 24 CFR agency of the state of Washington. The Contractor agrees that it will contact the County for instructions prior to disposing of, surp|uaing of, encumbering or transferring ovvnerah|p, ofany equipment purchased in whole or in part with federal funds. ViU. CONTRACT AMENDMENTS Either party may request changes or an extension to this Contract. Proposed amendments, which are mutually agreed upon, shall be incorporated by written amendments to this Contract. Budget revisions approved by the County pursuant to Section VI. Budget are not required toUgincorporated bywritten amendment. |X. INTERNAL CONTROL ACCOUNTING SYSTEM AND AUDITS Internal Control and Accounting The Contractor shall establish and maintain a nvotenn of accounting and internal controls that comply with applicable, generally d accountingprinciples ondfinonnia|and governmental reporting standards as prescribed by the appropriate accounting standards board. Audits A. If the Contractor is a non-profit organization as defined in 2 CFR Part 200, and expends a total of $750,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor shall meet the audit requirements as described in 2 CFR Part 200 Subpart F. B. A Contractor, for -profit or non-profit that is not subject to the requirements in SECTION IX. A. and receives in excess of $100,000 in funds during its fiscal year from the County, shall provide fiscal year audited financial statements prepared by an independent Certified Public Accountant orAccounting Firm within nine months City of Tukwila Page 9 of 41 2018 Contract — 6065103 13 omnvaignEnvelope ID: nCozxn10-4lA7-4Vua-9ss1'soC7z0AT4nor subsequent to the close of the Contractor's fiscal year (if applicable, see SECTION IX. El C. Non-profit contractors who receive less than $10J.0OUfrom the County during their fiscal year shall provide 1) form 990 within 30 days of its being filed; and 2) a full set of annual financial statements. D. For -profit contractors who receive less than $100,000 from the County during their fiscal year shall provide 1) income tax return within 30 days of its being filed; and 2) a full set ofannual financial statements. E. A Contractor that is not subject to the requirements in SECTION IX. A. may, in extraordinary circumstances, request mwaiver ofaudit requirements and, with the review and upon approval ofthe County, substitute for the above requirements other forms of financial reporting or fiscal representation certified by the Contractor's Board of O|rectoro, provided the Contractor meets the following criteria: 1That financial reporting and any associated management letter show no reportable conditions orinternal control issues; and 2. There has been noturnover |nkey staff since the beginning ofthe period for which the financial reporting was completed. A. Municipal Coo If the Contractor is a municipal corporation in the state of Washington, it shall submit to the County a copy of its annual report of exam i nation/aud it, conducted by the Washington State Auditor, within 30 days of receipt, which submittal shall constitute compliance with Section IX. Internal Control, Accounting Systems and Audits. B. Catalog ofFederal Domestic Assistance The Catalog ofFederal Cnumber for the CDBGProgram in 14.218.The CFOAnumber for the HOME program |e14.23S.Additional federal and/or state audit nrreview requirements may beimposed nnthe County, and ifthe Contractor has COB8. or H[)K8E funds in the Contnact, it shall be required to comply with these requirements. X. MAINTENANCE OF RECORDS A. Scope ofRecords The Contractor shall maintain accounts and recorde, including peronnne|, proportv, financial, and programmatic records and other such records specified |neach Project/Program Exhibit or otherwise deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. Time for Retention ofRecords Records required to be maintained in subsection A. above shall be maintained for a period ofsix years after the termination date, unless adifferent period for records retention is specified in the Project/Program Exhibit. C. Location ofRecords/Notice toCounty The Contractor shall inform the County in writing ofthe location, ifdifferent fromthm Contractor address listed on page one of this Contract, of the aforesaid books, records, documents and other evidence within ten working days of any such relocation. City mTukwila Page 1ov,41 zmaContract -onVo1no 14 DocuSign Envelope ID: 3CO2A510-4lA7-40BB-96El-EOC72OA745DF Projects using federal funds shall also comply with subsections O. E. F. G, H. [ J. h[ L. and M. D. Federal Exceptions hoRetention Requirements Exceptions bothe six year retention period are as follows: (1) Records that are the subject ofaudit findings, litigation, Vrclaims shall be retained until such findings, litigation or claims have been resolved; and (2) The retention period for real property and equipment records starts from the date of the disposition, replacement or transfer atthe direction ofthe County. E. Financial Management Records Financial records shall identify adequately the source and application of funds for activities within this Contract, in accordance with the provisions of 2 CFR Part 200. These records shall contain information pertaining to grant awards and authorizations, obligations, unob|igatedbalances, assets, liabilities, outlays and income. F. Tenant Notification aDdRa|omaticnRecondS If the Contractor is acquiring existing Contractor nd keeping for tenant notification and relocation must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (The "Uniform Relocation Act"), and regulations at 49 CFR Part 24. Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization and farm operation displaced or in the relocation workload must be kept. G. Acquisition Records |fthe Contractor |ousing funds under this Contract for property acquisition, the Contractor must maintain a separate acquisition file for each acquisition process documenting compliance with Uniform Relocation Act regulations ot4SCFR Port24. including a notice ofvoluntary sale. M. Beneficiary Records The Contractor agrees to maintain raoie|, ethnio, disability status, single head of household, household income, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this 'Contract |frequired |noProject/Program Exh|Uit. i Labor Standards Ifthe Contractor iousing funds under this Contract for construction the Contractor shall maintain records documenting compliance bvall construction contractors with the labor standards asrequired under 24CFR §57U.003for CDBG funds and 24CFR§92.354for HOME funds. J. Other Construction Records The Contractor and all of its subcontractors shall maintain records and information necessary todocument the level ofutilization 0fstate certified small, minority, and women -owned businesses, and other businesses assubcontractors and suppliers under this Contract. The Contractor nho|| also maintain all written quotee, bids. estimates or proposals submitted by the contractor and any and all businesses seeking 15 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF to participate in this Contract. The Contractor shall make such documents available to the County for inspection and copying upon request. K. Employment Records If the Contractor is a municipal corporation or an Agency of the State of Washington, it agrees to maintain the following data for each of the Contractor's operating units funded inwhole or in part with CDBG funds provided under this Contract: 1. Employment data with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission's EEO-4form; and 2 Documentation ofany actions undertaken tnassure equal employment opportunities to all persons reQonU|eas of race, nV|or, national origin, sex or handicap. L. Records Regarding Remedy of Pent Discrimination The Contractor nhoU maintain documentation of the affirmative action measures the Contractor has taken to overcome prior discrimination if a court or HUD has found that the Contractor has previously discriminated against persons on the grounds of race, co|Or, national origin or sax in administering a program oractivity funded in VvhU|e or in part with CDBGfunds pursuant b)24CFRPart 121. M. Record-KeepingRequirements GU�V���� --=—�------ The Contractor shall maintain, for sdleast six years after completion ofall work under this Contract, the following: 1. Records ofemployment, employment advertisements, application forms, and other pertinent data and records related tothe Contract for the purpose ofmonitoring, audit and investigation todetermine compliance with any equal opportunity requirements set forth in any federal regu|otionS, statutes or rules included or referenced inthe Contract documents; and 2. R8conjo, including written quot8s. Uido, estimates or proposals submitted to the Contractor byall businesses seeking toparticipate onthis Contract, and any other information necessary todocument the actual use ofand paymentsto subcontractors and suppliers inthis Contract, including employment records. The County may visit, mtany time, the site ofthe work and the Contractor's office to review the foregoing rnoords.TheCVntnoctorohaUpro«ideeveryossiatanceroqueoted by the County during such visits. In all other naopects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth ]n any federal ru|ea, regulations or statutes included or referenced inthe contract documents. X3. EVALUATIONS AND INSPECTIONS A. Right ofAccess toFacilities for Inspection ofRecords The Contractor shall provide right of access to its facilities, including those of any subcontractor, to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the activities funded under this City of Tukwila 16 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF Contract. The County shall give advance notice tothe Contractor inthe case offiscal audits hJUeconducted bvthe County. B. Time for Inspection and Retention The records and documents with respect to all matters covered by this Contract shall besubject atall times tninspection, review, oraudit Uythe County and/or federal/state officials so authorized by law during the performance of this Contract and six years after the termination dete, unless o different period is specified in the Project/Program Exhibit or a longer retention period is required by |am/` C. Agreement to Cooperate The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and tomake available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. X|i PROPRIETARY RIGHTS A. The parties to this Contract hereby mutually agree that ifany patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be thesole property ofthe Contractor. Th Contractor agrees to and does hereby grant to the County, irrevocable, nonexclusive, and royalty -free license to reproduce, publish or otherwise use, and to authorize others to use, according to law, any work material or article and use any method that may be developed as part of the work under this Contract. B. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor, which are modified for use inthe performance Vfthis Contract. C. The foregoing provisions ofthis section shall not apply toexisting training materials, consulting aids, checNiato, and other materials and documents 0fthe Contractor that are not modified for use inthe performance ofthis Contract. XIU. CORRECTIVE ACTION A. Default by Contractor |fthe County determines that abreach nfcontract has occurred because the Contractor failed to comply with any material terms or conditions of this Contract or the Contractor has failed toprovide |nany manner the work orservices agreed tn|nany Project/Program Exhibit attached hereto, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply. 1. The County shall notify the Contractor inwriting ofthe nature ofthe breach. 2. The Contractor shall submit a plan describing the specific steps being taken to correct the specified deficiencies (the "corrective action plan"). The corrective action plan shall be submitted tothe County within ten business days from the Contractor's receipt ofthe Cnunty'anotice under this section. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which completion date shall not be more than 30 days from the date the County receives the Contractor's corrective action plan, unless the County, in City of Tukwila 17 DocuSign Envelope ID: 3CO2A510-4lA7-4068-96El-EOC72OA745DF its sole discretion, writing anextension |nthe number ofdays to complete the corrective actions. 3. The County shall notify the Contractor, in writing ofthe County'sdetermination aa to the sufficiency of the Plan. The County shall have sole discretion in determining the sufficiency of the Contractor's corrective action plan. B. Termination of Contract In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole orinpart pursuant toSubsection XV.Termination Subsection B. C. County Withholding of Payment In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken grcompleted. O. NoWaiver ofOther Remedies Nothing herein shall Uadeemed to affect orwaive any rights the parties may have pursuant to Section XV. Termination or other remedies authorized by law. XPV. ASSIGNMENT The Contractor shall not assign, transfer orsubcontract any portion ofthis Contract or transfer orassign any claim arising pursuant tnthis Contract without the prior written consent of the County. Additional terms for County consent to such assignment, transfer or subcontract may be described in e Project/Program Exhibit and, where expressly specified inthe Project/Program Exhibit.ohe||aupersodetherequiramantoondUmitadionsofthio Section }(|V.Said consent must be sought inwriting bythe Contractor not less than 15 business days prior tothe date ofany proposed asoiQnnoent.transharorsubcontra(t.The Contractor shall deliver to the County with its request for consent, such information regarding the proposed assignee, transferee or subcontractee, including its proposed mission, legal Statua, and financial and management capabilities as is reasonably available to the Contractor. Within 15 days after such request for consent, King County may reasonably request additional available information on the proposed assignee, oubuontreoteeor transferee. |fthe County shall give its consent, this section shall nevertheless continue in full force and effect. Any assignment, transfer or subcontract without prior County consent shall bevoid. Xv. TERMINATION A. Termination for Convenience 1. This Contract may be terminated bvthe County without cause, in whole or in part, pdcv to the termination date specified in the Project/Program Exhibit, by providing the Contractor DQdays advance written notice ofthe termination. 2. In addition tothe foregoing, if expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth in the Project/Program Exhibit. the County may, upon written notification to the Contractor, terminate this Contract inwhole or in part. 18 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF 3. Ifthe Contract joterminated aoprovided above: e. The County shall beliable only for payment |naccordance with the terms ofthis Contract for services rendered prior to the effective date of termination; and b. The Contractor shall be released from any obligation to provide such further services pursuant tothe Contract aoare affected bythe termination. B. Termination for Cause 1. The County may terminate this Contract, in whole or in part, upon seven days advance written notice tothe Contractor |nthe event: a. The Contractor materially breaches any duty, obligation, or service required pursuant to this Contract and such breach has not been cured bvacorrective action plan acceptable tothe County; or b. The duties, ob||gaUOna, orservices required herein become impuonib|e, i||a0a/ or not feasible. 2. If the County terminates the Contract pursuant to this Section XV. Termination, Subsection B. the Contractor shall be liable for damages, including any additional costs ofpro�u�me�nf�mUarsemic��mano�erao�c. ",.. 3` If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return tnthe County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. 4. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior tothe termination date set forth above in Section ||. Duration of Contract, the County may, upon written notification to the Contractor, terminate this Contract in whole nrin part. 5. |fthe Contract ioterminated aa provided inthis Subsection: a. The County shall be liable only for payment in accordance with the terms of this Contract for services rendered and authorized purchase made prior tothe effective date oftermination; and b. The Contractor shall bereleased from any obligation toprovide such further services pursuant tothe Contract aaare affected bvthe termination. O. Funding orobligation under this Contract iSconditional upon appropriation bythe County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract shall terminate at the close ofthe current appropriation. C. Waiver Nothing herein shall limit, waive, orextinguish any righturrenledvorovidadbvthis Contract at law or in equity that either party may have in the event that the obligations, 19 DocuSign Envelope ID: 3CO2A510-41A7-40B8-96E1-E0C720A745DF XVI. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XVII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C. To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. To the maximum extent permitted by law, the County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, City of Tukwila Page 16 of 41 2018 Contract — 6065103 20 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF and/or agents, in its performance and/or non-performance of its obligations under this Contract. The County agrees that its obligations under this subparagraph extend hoany claim, demand, and/or cause nfaction brought by, oronbehalf of, any nƒits employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisionsofTitle 51 R[W.|nthe event the Contractor incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall berecoverable from the County. E. Claims shall include, but not balimited to, assertions that use 0rtransfer ofsoftware, booh, docunneOt, report, fi|n7, tepm, or sound reproduction or material nfany kind, delivered hereunder, constitutes an infringement ofany copyr|ght, patent, tradnmark, trade nanne, and/or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G. The indemnification, protection, defense and Save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XVIU. INSURANCE REQUIREMENTS —GENERAL A. Insurance Required " By the Uprocure and nno|nb]in for the duration of this Controct, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, rapreaent@tiyaa, employees and/or contractor/subcontractors. The Contractor or contractor/subcontractor shall pay the costs of such insurance. The Contractor shall furnish separate certificates of insurance and policy endorsements from each contractor/subcontractor as evidence of compliance with the insurance requirements ofthis Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements Stated herein. Failure bythe Contractor, its aQents, ennp|oyeoa, offiuere, contractor/subcontractors, providers and/or provider subcontractors tn comply with the insurance requirements stated herein shall constitute ematerial breach ofthis Contract. Each insurance policy shall be vvhtbs "occurrence" foexcept that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply toeach insured tothe full extent provided by the terms and conditions of the policy(s). Nothing contained in this provision shall affect and/or alter the application ofany other provision contained within this Contract. 21 oocvSignEnvelope ID: noozAo 0-41x7-40oo-96E1-Eoo72nA745oF B. Risk Assessment bvContractor By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract, nor shall such minimum limits be construed to limit the limits available under any insurance coverage obtained by the Contractor. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent` maintain greater limits and/or broader coverage. C. Minimum Scope nfInsurance. Coverageshall Ueetleast eabroad aothe following: 1. General Liability Insurance Services Office form number (CGO0O1)covering COMMERCIAL GENERAL LIABILITY. 2. Professional Liabi|ity, Errors and Omissions Coverage In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional oomioea. Professiona|Lkabi|it� Errors and Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section, shall mean any services provided bvalicensed professional orthose services that require aprofessional standard ofcare. 3' L�bU�v ""'''~"� ^~~~-` Insurance Services Office form number (CA 0001) covering BUSINESS AUTO COVERAGE, symbol 1"any auto'';orthe appropriate coverage provided bv nynnbo|a2. 7. 8. or8. 4. Workers' Compensation Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable federal or "Other States" state |ovv. 5. GtopGap/Ennp|oyero Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part (Employers Liability) or. in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. 6. Property Insurance Insurance Services Office form number (CPOO1O)covering BUILDING AND PERSONAL PROPERTY COVERAGE and Insurance Services Office form number (CP1O30)CAUSES OFLOSS—SPBC|ALFORKAnrp ^edLappropriate equivalent. 7. National Flood Insurance The use ofCOBGand HOME funds for acquisition nrconstruction purposes in identified special flood hazard areas shall be subject to Contractor mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of1873(Pub L.83-237). 22 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF 8. Builder's Risk/Installation Floater The Contractor ehoU procure and maintain during the life of the Contnact, or until acceptance ofthe project bvKjngCountv.vvhiuhever|skon "All Risk" Builders Risk Insurance sdleast aobroad aaISO form number CPOU2O(Builders Risk Coverage Form) with |0D form nunnberCPOO s of Loss —Special Form) including coverage for collapse, theft and property intransit. The coverage shall insure for direct physical loss bzproperty ofthe entire construction project, for one hundred percent of the replacement value thereof. The policy shall be endorsed to cover the interests, as they may appear, of King County, Owner, Contractor and subcontractors Vfall tiers with King County listed aealoss payee. O. W1in|nlunl Limits of Insurance —Capital Projects The Contractor shall maintain limits n8less than the following: 1. Commercial General Liability: $1.000.800 combined single limit per occurrence by bodily injury, personal injury, andpropertyd8nnoQm;andforthooepO|icieovv|th aggregate limits, a$2.0QD.00U aggregate limit. 2. Professional Liability, Errors, and Omissions: $1.00O.OQ0.Per Claim and |nthe Aggregate. 3. Automobile Liability: $1.0'*�~~0 combined singlelimit per accidentfUrbodi|y injury and property damage |ftheuse of vehicles |s contemplated. ��' 4. Workers' Compensation: Statutory requirements ofthe state cfresidency. 5. Stop Gap /Ennp|nyero Liability: $1.000.000. O. Property Insurance: One hundred percent replacement value of funded structure. E. Minimum Limits of Insurance --Building Construction Period Prior to commencement of building construction and until construction is complete and approved by the Contractor, the Contractor shall cause the construction contractor and related professionals to procure and maintain insurance 'against claims for injuries ho persons or damages to property which may arise from, or in connection with the activities related to this Contract. The Contractor and County shall be named as additional insureds on liability policies except Workers Compensation and Professional Liability,and as Named Insureds on Builders Risk policies. The cost of such insurance shall be paid by the Contractor and/or any of the Contractor's contractors/ subcontractors. The Contractor shall maintain limits no less than the following: 1. Cnrnn1aro|a| General Liability: $1.000.000cornb|noU single limit per occurrence for bodily injury, personal injuryandproperty damage and $2.000.000 in the aggregate. 2. Automobile Liability: $1.UU0,000combined single limit per accident for bodily injury and property damage. 3. Professional Liability, Errors &Omissions: $1.00O.00O.Per Claim and \nthe 4. Builder's Risk Insurance: One hundred percent replacement cost value. City of Tukvvila 23 onnunignEnvelope ID: ocncxn10-41A7-4000-9sE1'eoC7aoA7400p 5. Workers Compensation: Statutory requirements ofthe State ofresidency. 6. Stop Gap orEmployers Liability Coverage: $1`000.000. F. Minimum Limits of Insurance —Services Agreements: The Contractor shall maintain limits noless than the following: 1, Commercial General Liability: $1.000.000 combined single Urn|t per occurrence for bodily injury, perSoD8|i'uryandprVpertvdamageend$2.00O.0OOinthe aggregate. 2. Automobile Liability: $1.800.000 combined single limit per accident for bodily injury and property damage. 3. Professional Liability, Errors & [}nn|ao|ons: $1.000.000. Per Claim and in the Aggregate. 4. Workers Compensation: Statutory requirements ofthe State ofResidency. 5. Stop Gap orEmployers Liability Coverage: $1.000.000. Paragraphs G. H. |. J. K and L below apply tn Capital Projects, Construction Projects and Services Contracts. G. Deductibles and Self -Insured Retentions Any deductibles orself-insured retentions must bedeclared to, and approved by, the County. The deductible and/or self -insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. H. Other Insurance Provisions The insurance policies required in this Contract are to oontain, or beendorsed tn contain, the following provisions: 1. All Liability Policies except Professional and Workers Compensation. o. The County, its officers, off|cia|s, ennp|oyeaa, and agents are to becovered aa additional insureds anrespects liability arising out ofactivities performed bvor nnbehalf ufthe Contractor ihconnection with this Contract. Such coverage shall include Prod ucts-Connp|etedOperations. b. Tothe extent ofthe Contractor's negligence, the Contractor's insurance coverage shall bgprimary insurance osrespects the County, its officers, officials,employees, and agents. Any insurance and/or self-insurance maintained by the Countv, its officers, offiuia|s, emp|oyeeo, or agents oho|| not contribute with the Contractor's insurance or benefit the Contractor in any way. o. The Contractor's insurance shall apply separately to each insured against vyhnno c|oinl is made and/or |evvouit is brought, except with respect tothe limits of the insurer's liability. 2. Property Coverage Policies a. The County shall beadded toall Property Coverage Policies 000loss payee an City of Tukwila 24 oovvSignEnvelope ID: nCozAo1V41x7-4oa8-9neI'eoC7ooA7400F b. The County shall beadded aaaNamed Insured aoits interests may appear tn all Builders Risk policies. 3. All Policies Coverage shall not besuspended, voided, canceled, reduced |ncoverage orin limits, except bvthe reduction of the applicable aggregate limit by claims pa|d, until after 30 days prior written notice has been given to the County. i Acceptability ofInsurers Unless otherwise approved bvthe County, insurance |atnbaplaced with insurers with o Bests` rating Ofnoless than A:V|||, or, ifnot rated with AM Beoto, with nlinhnunn surpluses the equivalent nfAK8Bests' surplus 'size V|||. Professional Liability, Errors, and Omissions insurance may be placed with insurers with AM Bests' rating of B+VI I. Any exception must be approved by the County. If, atany time, the foregoing policies shall fail tnmeet the brequirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. J. V�[�oet|on . v/�v���g� The Contractor shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. If the Agency/Contracting Party iseMunicipal Corporation oran agency of the State of Washington and is member ofthe Washington Cities Insurance Authority (WCIA) or any other self-insurance risk pool, o written acknowledgement/certification of current membership will be attached to the Agreement as Exhibit I and satisfies the insurance requirements specified above. K. Subcontractors The Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates ofinsurance and policy ' endorsements from each aubcnntrector. |fthe Contractor iarelying onthe insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract, then such requirements and documentation shall be subject to all of the requirements stated herein. L. Municipal nrState Contractor Provisions |fthe Contractor is amunicipal corporation or Contractor ofthe state ofWashington and is self -insured for any of the above insurance requirements, a certification of self- insurance shall be provided for the self -insured requirements and attached hereto and beincorporated bvreference and shall constitute compliance with this Section. |fthe certificate of self-insurance does not cover all mandatory requirements, the Contractor shall provide separate certificates and endorsements that document coverage. 25 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF XX NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Equity and Social Justice 1. Accessibility: The Contractor shall evaluate (as warranted)the way in which it provides san/ioeo, so that services are accessible (language, |oo8t|on, delivery sty|e, facility environment, etc.) to populations whose modes of engagement are different than the majority pnpu|oUOn. 2. Commitment: The Contractor 'shall conduct oa|f-osaesennarts. including obtaining input from culturally diverse populations (both client and non -client) and key stakeholders and uses this feedback in policy making, contract administration and service delivery. The Contractor also creates opportunities/ensures that its workforce engages in ongoing education regarding culturally and linguistically appropriate policies and practices. B. Nondiscrimination in Employment Provision of Services To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of this Contr@ct, neither the Contractor nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis ofsex, race, cO|or, marital statug, national origin, religious mfh|iaUon, dimabi|ity, eaXuo| orientation, gender identity nrexpression or age except by nninirnunn age and retirement prov|sions, unless based upon abona fide occupational qUa|jfic8tioo.m�� C. Nondiscrimination in Subcontracting Practices To the extent prohibited bvKCCChapter 12.18nr 12.17. during the term ofthis Contract, the Contractor shall not create barriers toopen and fair opportunities ho participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their aex, race, cn|0r, marital status, national origin, religious affiliation, disability, u8xUo| Uri8nt8tion, gender identity or expression orage except by nninirnunn age and retirement provioionn, unless based upon obona fide occupational qualification. O. Compliance with Laws and Regulations The Contractor shall | fully with all applicable federal, state and local |ewm. ordinances, Presidential Executive OnjgnS and regulations that prohibit discrimination to the extent applicable. These laws ino|ud8, but are not limited to. RCyVChapter 49.60, Titles VI andV|| of the Civil Rights Act of 1954,the American with Disabilities Act, and the Restoration Act of 1987. In addition, King County Code chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code chapters shall specifically apply to this contract, to the full extent applicable. The Contractor shall further comply fully with any equal opportunity requirements set forth |nany are negu fad | |etiona, statutes orrules included orreferenced inthe contract documents. E. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities King County encourages the Contractor to utilize arna]| businesses, including 8nnoU women - City cvTukwila Page zucx41 z0oContract -onoo1oa 26 oocuSignEnvelope ID: oCozAn10-41A7-4000-96e1'eoo7uoA7400F owned business enterprises certified by the Washington State Office of Minority and VVonlensBusiness Enterprises )hnCounty contracts. The County encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including 8C8 firms and minority - owned and women -owned business enterprises: 1. Inquire about King Counh/'aContracting Opportunities Program. King County has established a Contracting Opportunities Program to maximize the participation of 8CG in the award of King County contracts. The Program is open to all 8O8firnno certified by King County Business Development and Contract Compliance (BDCC). As determined by BDCC and identified in the solicitation documents issued by the County. the Program will apply to specific contracts. However, for those contracts not subject to the Program orfor which the Contractor elected not to participate in the Program during the solicitation stage, the Contractor is still encouraged to inquire voluntarily about available firms. Program materials, including application forms and a directory of certified 8C@firms. are available sdthe following Web -site addreeo:hftp://vvvvvv.kingoounty.goV/bdoo The term "Small Contractors and Suppliers" (SCS) means that a business and the person orpersons who own and control |tare in afinancial condition which puts the business t a substantial disadvantage in attemptingto competefo public contracts. The | t financial condition for eligibility under the Program is set at fifty percentoTbusiness size standards using the North American IndustryClassification System and Owners' Personal Net Worth less than $75O,OOUdollars. 2. Contact {}W1VVBE to obtain o list of certified minority -owned and Yvonnen'ovvnod business enterprises by visiting their website at http://www.omwbe.wa.gov/ or by Toll Free telephone (8OG)2OO'1OO4. 3. Use the services of available community organizations, consultant groups,|000| assistance offices, the County, and other organizations that provide assistance in the recruitment and placement ofsmall businesses, including !SCS firms and minority -owned and women -owned business enterprises. F. Equal Employment Opportunity Efforts The Contractor shall undertake equal employment opportunity efforts to ensure that applicants and employees are �� without regard toth�ra� race, color, marital status, national - |n, religious affiliation, dinabi|dv, sexual orientation, gender identity or expression or age. The Contractor's equal employment opportunity efforts shall include but not be limited to, the following; ennp|ny[nont, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff ortermination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees tupost inconspicuous places available toemployees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.j. "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. G. Compliance with Section 504 of the Rehabilitation Act of 1973 as amended (Section 5O4)and the American Disabilities Act of19SOesamended (ADA) Pursuant to Title 11 of the ADA and Section 504 the County must not discriminate against people with disabilities in providing services, programs or activities even if those oerv|ceo, programs or activities are carried out by contractors. The Contractor City of Tukwila Page 23m41 2018 Contract -60651V 27 ovouaignEnvelope ID: oCozAo10-41Ar-4OB8-msEl_EOorzoAr^ooF agrees that it shall provide all programs, services and activities to County employees or members of the publicunder this Contract inthe same manner ooKing County is obligated to under Title 11 of the ADA, and Section 504 and shall not deny participation or the benefits of such services, programs or activities to people with disabilities on the basis of such disability. Failure to comply with this section shall be a material breach of, and grounds for, the immediate termination ofthis Contract. 1. The Contractor agrees to provide to persons with disabilities access to programo, activities and services provided under the Contract or agreement, as required by the disability access |mVvo as defined bvNCC 12.16; and 2. The Contractor shall not discriminate against persons with disabilities in providing the work under the Contract. In any subcontracts for the programs, activities and services under their contract or agreement, the Contractor shall include the requirement that the subcontractor provide to persons with disabilities access to programs, activities and services provided under the contract or agreement as required by the disability access laws as defined by KC{} 12.16. that the subcontractor oho|| not discriminate against persons with disabilities in providing thework under the Contract and that the subcontractor shall provide that the County is a third party beneficiary to that required provision. H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this section shall bee material breach of contract for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. i Fair Housing Protections The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42 U8C3OO1 etoeq].The Contractor shall take necessary and appropriate actions to prevent discrimination in any housing -related project under this Contnaot, which includes rental housing projects and/or projects that include nysidanUo| real estate - related transactions, as required by the Federal Fair Housing Act as amended (42 USC 3601) and the Washington State Law Against Discrimination (RCW Chapter 49.60). Residential real estate -related transactions include the making or purchasing of loans or the provision of financial assistance secured by real estate, or the making or purchasing of loans or financial assistance for the purchasing, constructing, improving, repairing or maintaining Ufa dwelling. Rental housing includes any dwelling that is intended for occupancy as a residence for one or more families by lease, sublease or by grant for a consideration of the right to occupy Premises not owned by the occupant. In add|tion, except for projects located in incorporated jurisdictions, the Contractor shall comply with the applicable provisions of the King County Open Housing Ordinance, codified at Chapter 12.20 of the King County Code, which prohibits practices of housing discrimination against any person on the basis of age, anmaotry, co|or, disab|||ty, marital status, national origin, parental status, possession of Section 8housing assistance, race, re|iQiUn, reta|kation, sax. and sexual orientation. Projects using federal funds shall also comply with aubaeotionsJ. K. L. and M below. J. Additional Federal Nondiscrimination Requirements The Contractor shall comply 'with all applicable federal laws prohibiting discrimination, 28 ovc"nignEnvelope ID: oCozAs10-4lAr-4o6a-9ss1'sncrzox7400F Presidential Executive Order 11063 as amended and implementing regulations at 24CFRPart 1O7; 2. Section'09 of the HCOAct of1974.asamended (42UGC5301); 3, The Americans with Disabilities Act (42U8C121Z[47UGC155.2O1.21Dand 225)^ond 4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8. K. Prohibited Discriminatory Actions 1. Except where expressly authorized by federal law, the Contractor may not, under any program Oractivity fnwhich this Contract applies, directly orthrough contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital ntatua, notionoUty, ro|igion, rece, eax, sexual orientation, or the presence ofany, physical, mental nrsensory disability. Discriminatory actions may include but are not limited to the following: n' Denying any person access to facilities, services, financial aid or other benefits provided under the pnDgnanl or activity; b. Denying 'any person services due tolimited English proficiency; u. Providing any person with facilities, services, nnanca/amoruu /u//tu. which , or�are provided 'in~�different '[fon - from that� provided to others under the program Uractivity; d. Subjecting any person tosegregated orseparate treatment inany facility or in any matter orprocess related toreceipt ofany service nrbenefit under the program oractivity; a. Restricting inany way access toorinthe enjoyment nfonyodvantageor privilege enjoyed byothmnsinconneoUnnwithfaci!itiea.sarviceo.financ|a|midor other benefits under the program oractivity; f. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, nrother requirement crcondition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity; Denying any person any opportunity to participate in a program or activity as an employee; and h. Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities and failure to remove architectural and nnnonnuninetinn barriers that are structural innature inexisting facilities, where such removal can bo accomplished without difficulty and expense. 2. The Contractor shall not utilize criteria or methods of administration that have the effect of subjecting individuals to discrimination on the basis of age, nn|or, fonn||ia| ctetus, nat|on@Uty, roce, re|`|nn, sex, or sexual orientation; or mental, phxa|oa|, or sensory disability; orhave the effect ofdefeating orsubstantially impairing accomplishment of the objectives of the program or activity with respect to Q. City of Tukwila Page xomr41 umocuntroxt 'Onno1oo 29 oncuoignEnvelope ID: aCouxn **1A7-4008-96s1-soc72oA7*5oF individuals of particular nge, color, familial otetuo, naUnno|ity, nace, religion, aex. or sexual orientation; or the presence of any mental, physical, or sensory disability. 3. The Contractor, in determining the site or location of housing or facilities provided in whole or in part with funds under this Contract, may not make selections of such site or location which have the effect of excluding individuals, denying them benefits, or subjecting them to discrimination on the grounds of age, sex, marital status, familial status, re1ig|on, naoe, nreed, no|or, sexual orientation, nadinna|ity, or the presence of any sensory, mental or physical disability; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives ofthe H{}OAct orofthe HUD Regulations. L. Employment Projections In all solicitations under this Contract, the Contractor shall state that all qualified applicants will boconsidered for employment. The words "equal opportunity emp|nyer" inadvertisements shall constitute compliance with this section. M. No Conflict with Federal Requirements. Aaindicated bvHUD Notice CPD044O.a faith-basednngemizaUon's exemption from the federal prohibition on employment discrimination on the basis ofreligion, set forth in 42 USC 20OOe-1 (a), is not forfeited when the organization receives HUD funding. Faith -based organizations, like any other entity participating in a HUD -funded program, must, however, comply with all the statutory requirements of that particular HUD - funded program. Both the CDBG and HOME Programs contain statutory provisions imposing non-discrimination requirements on all subrecipients, subgrantees or contractors. Religious organizations that believe that certain non-discrimination statutory requirements are substantially burdensome may be entitled to protection under the Religious Freedom Restoration Act [42 USC4000bb-3, 4000bb-2(l)] which applies to all federal law and its implementation. Subrecipients, subgrantees, or contractors should be aware that anti -discrimination provisions of Section 109 of the Housing and Community Development Act nf1S74.Section 282ofthe HOME Investment partnership Act may pose questions of conformance with Title VII of the Civil Rights Act of19O4and future court rulings could define more specifically the application of these laws to faith -based organizations. In the event that a provision of this Contract is deemed to be in actual conflict with federal law, the conflicting provision in this Contract shall not apply. XX. SUBCONTRACTS AND PURCHASES A. Subcontract Defined "Subcontract" shall mean any agreement between the Contractor and asubcontractor or between subcontractors that is based on this Contrant, provided that the term ^nuboontrooy'dnesDotino|udethepurcU8seof(1)eupportaen/iceanotny|otad to the subject matter ofthis Contract, or C3\ supplies. B. Writing Required Any work or services assigned or subcontracted hereunder shall be in writing and must be approved by the County as provided in Section XIV. Assignment. The Contractor agrees that it is as fully responsible to the County for the eoto and onn|soinne of its subcontractors and their employees and agents, as it is for the acts and omissions of 30 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF its own annplovaaa and agents, as specified in SectionXy|i Hold Harmless and Indemnification Subsection C. C. Required Contract Terms The Contractor shall include the applicable provisions of Sections XVIII. Insurance Requirements - General, }([K.Nondiscrimination and Equal Employment Opportunity and XX. Subcontracts and Purchases in every subcontract or purchase order for goods or services which are paid for in whole or in part with funds provided under this Contract. The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services, which relate to the subject matter ofthis Contract: "Subcontractor shall prOtent, defend, indannnifv, and hold hmrnn|eeo King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employee, and/or agents in connection with or insupport ofthis Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action ego|oot subcontractor to enforce the provisions of this paragraph." Projects using federal funds must also comply with subsections O, E. F. 8 and H. D. Debarred Contractors The Contractor certifies that neither the Contractor nor any person or entity with a controlling interest in the Contractor in under suspension, debarment, voluntary exclusion or determination ofineligibility from participation in federal assistance programs under Presidential Executive Order 12549or12089."Debarment and Suspension". The Contractor further certifies that neither the Contractor nor any person nrentity with a controlling interest in the Contractor has any proceeding pending tnsuspend, debar, exclude ordetermine them ineligible from participation |n federal assistance programs under Presidential Executive Order 12540or12089. The Contractor shall not make any award ot'any time toany oontrantor, which is debarred, suspended or excluded, from participation in federal assistance programs under Presidential Executive Order 12549."Debarment and 8uopension" The Contractor shall ensure that all subcontractors receiving any federal funds pursuant tmthis agreement have not been disbarred or suspended from federal contract participation. This may bedone b hacki the System for Award Management at https://www.sam.qov, which lists all suspended and debarred entities. E. Subcontracting Requirements A Contractor which receives federal funds under this Contract also shall include the following sections in every subcontract or purchase order for goods and services which are paid in whole or in part with funds provided under this Contract: Section V. Compensation and Method of Payment Subsections F. or G. and I., Sections XVII. Hold Harmless and Indemnification Subsection B.. }(\U|/. Insurance Requirements — General Subsection P{.. )(|X. Nondiscrimination and Equal Employment Opportunity and XX||. No Conflict ofInterest Subsection B. and, ifthe subcontract 1sfor construction, Sections XXXIV. Labor Standards and XXXV. Employment Opportunities. 31 noouSignEnvelope ID: oCnuAn10-41^7-4000-9oE1-Eoo7zoA7400r F. Federal Procurement Requirements The Contractor agrees to comply with Procurement Standards specified| 2 CFM 200.317 through - 200.326, unless otherwise provided in the Project/Program Exhibit. G. Federal Bid Guarantee and Bond Requirements If the Contractor is subcontracting construction work under this Contract, the subcontract shall require for any construction contracts exceeding $150,000: 1. Abid guarantee from each bidder equivalent tufive percent nfthe bid price; 2. A performance bond from the contractor for one hundred percent of the contract price; and 3. Apayment bond from the contractor for one hundred percent ofthe contract price. The Contractor may, at its discretion, require any ofthese requirements nn construction contracts of less than $150,000. The specific requirements for bid guarantees and bonds are et2CFR§2OO.325. H. Failure tnComply is Default Failure by the Contractor to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract. XX|. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES��' Projects using federal funds shall comply with the following requirements: A. Federal Requirements In soliciting subcontractors to supply goods or services for the activities under this Contract, the Contractor shall comply with 2 CFR G 200.321. In accordance with these regulations, the Contractor shall take all necessary affirmative steps to assure MIWBEs and labor surplus area firms are used as subcontractors when possible. Affirmative steps shall include those actions specified above inthis section nfthe Contract. B. Nondiscrimination |nFederally Assisted Construction The Contractor shall also require compliance with Presidential Executive [>rdar1124O as amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for construction projects nvor$10.00O. XX||. CONFLICT OFINTEREST A. King County Code Chapter 3l4Compliance. 1' The Contractor shall comply with applicable provisions ofKCCChapter 304 Failure to comply with such provisions shall be a material breach of Contract and may result |ntermination of this Contract pursuanttoSection )(V. Termination and subject the Contractor 'to remedies Stated therein or otherwise available to the County at law or in equity. This section shall not apply to a Contractor that is a municipal corporation which has adopted an employee code of ethics; provided that nothing in this section is intended to contract away such a Contractor's obligation to comply with any KCC Chapter 3.04 provision that applies independent of this Contract. City of Tukvvila 32 Page 28m41 an18Contract -6065103 ovcueignEnvelope ID: 3Cn2A510-41x7-4OB8-96el-son72o*7*5oF 2. No Preferential Treatment The Contractor agrees that itwill not attempt hosecure preferentialtreatment in dealings with the County by offering any valuable consideration, thing of value, or gift, whether inthe form nfservices, loan, thing, orpromise, iOany form, toany County official oremployee. The Contractor acknowledges that ifit|ofound tohave violated the prohibition found in this paragraph its Current contracts with the County shall be cancelled and it shall not be able to bid on any County contract for a period oftwo years. 3` Disclosure ofCurrent and Former County Employees Toavoid any actual orpotential conflict ofinterest orunethical conduct: e. County employees or former County employees are prohibited from assisting with the preparation of proposals or contracting with, influencing, advocating, advising or consulting with a third party, including Contractor, while employed bythe County orwithin one yearafter leaving County employment if he/she participated in determining the work to be done or processes to be followed while aCounty employee. b. Contractor shall identify otthe time ofoffer current or former County employees involved in the preparation of proposals orthe anticipated performance of Work if awarded the Contract. Failureto identify current or former Countye0p|oyBSs involved inthis Contract .may result |o.termination ufthis `Contract. o. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. B. No Conflict of Interest The Contractor shall abide by the provision of2CFRG200.31O.and bvthe following: 1. The Contractor shall maintain a written code or standards of conduct that shall govern the performance of its officer, employees or agents engaged in the award and administration Vfcontracts supported bvfunds under this Contract; 2. No employee, director, officer or agent of the Contractor shall participate in the selection or in the award, or administration of a contract supported by funds under this contract |faconflict ofinterest, real orapparent, would be involved. Bvway of example, such a conflict would arise if such a person, or his or her employer, immediate family member or partner has financial or other interest in the entity selected; and 3. The Contractor's officers, employees, and agents must neither solicit nor accept g/atuities, favors, or anythingofmonetary value from contractors 0rparties to subcontracts. However, the Contractor may set standards for situations inwhich the financial interest is not substantial or the Ut is an unsolicited iha[n of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. City of TukvAla Page 29 of*1 201eContract -6065103 33 000uaignEnvelope ID: aCozAo1e41x7-4oea-9nsn'soo7unAr400F XX|U. BOARD OFDIRECTORS A. |fthe Contractor iaincorporated, itnnuothaveanoctiva legally constituted board of directors in accordance with the requirements of RCW Chapters 23B or 24, to the extent applicable. B. The following additional requirements shall apply to the agencies that qualify as non- profit organizations under USC, Title 26, Subtitle A, Chapter 1, Subchapter F, Part 1, Section 501(C)(3). 1. The Contractor shall have o Board of Directors that shall be comprised of neither employees nor relatives of employees, officers, or directors of the Contractor. For the purposes of this seution, a relative is defined as huebend, vvife, fadhar, fathep1n- |avv, nncther, nnother-in'|aww, brother, bndher-in-|axV, sister, oister-|n'|avy, oon, son-in- law, daughter, daughter-in-law, niece, naphevv, grandparent, grandchi|d, uno|e, aunt, domestic partner and child of domestic partner. In addition, the relatives of a domestic partner shall be considered relatives to the same extent such relatives would beincluded inthis section, nmifthe employee and domestic partner were married. 2. The Board of Directors ahoU meet regularly. 3. The Board of Directors shall cause to be adopted a formal conflict of interest policy for Board members that complies with the applicable provisions of the Internal Revenue Code and its 501(C)(3) status, and addresses issues regarding gifts, financial gain, and improper use of position. XXPV. CONFIDENTIALITY The Contractor agrees that all infonnotion, nanonds, and data collected |nconnection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal |nvv. XXV. PERSONAL INFORMATION — NOTICE OFSECURITY BREACH A. |fthe Contractor maintains computerized orother forms ofdata that includes personal information owned bvthe County, the Contractor shall notify the County ofany breach of the security of the data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person in accordance with RCVV42.50.5gO/25. B. The Contractor shall provide all information requested bythe County including the following inaccordance with R{%A/42.5G.5SU.KCC 2.14.O30.the King County Information Privacy Policy and any other applicable federal, state and |ucm| statute: 1. Circumstances associated with the breach; 2. Actions taken bythe Contractor horespond tothe breach ;and 3. Steps the Contractor shall take toprevent asimilar occurrence. This information shall be provided in e format requested by the County. C. The County may etits sole discretion, require the Contractor tocontact the appropriate law enforcement agency and toprovide the County acopy ofthe report ofthe 34 oncueignEnvelope ID: oCnuao10-41x7-4neo-9nE1'soo7uoA74noF investigation conducted by the law enforcement agency. The Contractor shall also provide the County with any information it has regarding the security breach. O. The Contractor shall conspicuously display King Cnunb/s Privacy Notice and provide a printed copy upon request. E. The Contractor shall be responsible for notifying individuals whose personal information may have become available to unauthorized users through a security breach. The Contractor shall also be responsible for any cost associated with notifying the affected individuals. This notification must be in accordance with RCW 42.56.590 (7)' F. If the Contractor demonstrates that the cost of providing notice would exceed $25O.OU0.orthat the potentially 'affected persons exceeds $5UO.0UO,orthe Contractor does not have sufficient contact information, substitute notice shall consist of the following in accordance with RCVV42.5O.5SO (7), (c), 1. Email notice when the Contractor has an e-mail address for the subject persons; 2' Conspicuous posting ofthe notice onthe Contractor's web site page, ifthe Contractor maintains one; and 5. Notification to majorCo�ntv-mid� media. ..'^- ^ ' G. For purpose section, "personal information" means the same as defined inRCVV 1. An individual's first name or first initial and last name in combination with any one of the following data a|ements, when either the name orthe data elements are not encrypted: social security number; driver's license number or Washington identification card number; nr 2. Account number orcredit cxdebit card number, |ncombination with any required security code; access code, or password that would permit access to an individual's financial account. XXV|. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT C3F1996(H|PAA) Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45CFRParts 160and 164. A. Obligations and Activities of the Contractor 1. The Contractor agrees not to use or disclose protected health information other than as permitted or required by this Contnaot. H|P/V\ and the Health Information Technology for Economic and Clinical Health Act (HITECH). The Contractor shall use and disclose protected health information only if such use or disclosure, respectively, is in compliance with each applicable requirement of 45 CFR § 164.504(e). The Contractor is directly responsible for full compliance with the privacy provisions ofH|PAAand H|TE{}Hthat apply hUbusiness associates. 2. The Contractor agrees to |nnp|annent administrative, phya|ce}, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the protected health information that itcreates, receives, maintains, or transmits on behalf of the County as required by 45 CFR, Part 164, 35 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF Subpart C. The Contractor is directly responsible for compliance with the security provisions ofH|PA\and HHTECHtothe same extent esthe County. 3. Within two business days ofthe discovery ofabreach aodefined ed45CFR§ 1G4.4O2the Contractor shall notify the County nfany breach ofunsecured protected health information. The notification shall include the identification ofeach individual whose unsecured protected health information has been, or is reasonably believed by the Contractor to have been, accessed, acquired, or disclosed during such breach; a brief description of what happened, including the date of the breach and the date ofthe discovery ofthe breach, ifknown; adescription ofthe types of unsecured protected health information that were involved in the breach (such as whether full nanle, social security nunnber, date Vfbirth, home address, account number, diagnosis, disability code, or other types of information were involved); any steps individuals should take to protect themselves from potential harm resulting from the breach; abrief description ofwhat the Contractor isdoing toinvestigate the breach, to mitigate harm to individuals, and to protect against any further breaches; the contact procedures of the Contractor for individuals to ask questions or learn additional information, which shall include a toll free number, an e-mail address, Web site, or postal address; and any other information required to be provided to the individual by the County pursuant to 45 CFR § 184.404. as amended. A breach shall be treated as discovered in accordance with the terms of 45CFR § 164.410.The information shall beupdated promptly and provided tothe County as requestedb the County. 4. The Contractor agrees to mitigate, tothe extent practicable, any harmful effect that isknown to the Contractor ufause ordisclosure ofprotected health information by the Contractor in violation of the requirements of this Contract or the law. 6. The Contractor agrees to report in writing all unauthorized or otherwise improper disclosures of protected health information or security incident to the County within two days ofthe Contractor knowledge ofsuch event. O. The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Contractor on behalf of the County, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information. 7. The Contractor agrees tomake available protected health information in accordance with 45CFR0164.524. 8. The Contractor agrees to nlmkm available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR G 104.528. S. The Contractor agrees to nnohe internal procticao, books, and records, including policies and procedures and protected health informoUon, relating to the use and disclosure ofprotected health information received fronn, or created or received by the Contractor on behalf of King Cnunty, available to the Secretary of the U.G. Department of Health and Human Services, in a reasonable time and manner for purposes ofthe Secretary determining King CoWnty'e compliance with M|PAA` M|TECH or this Contract. 10.The Contractor agrees to make available the information required to provide an 36 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF individual make a request to the County for an accounting of disclosures of his or her protected health information pursuant to 45 CFR § 164.528, Contractor agrees to promptlyprovide anaccounting, oospecified under 42U.S.C.q17035(c)(1)and 45CFR §104.528, of disclosures of protected health information that have been made bvthe Contractor acting onbehalf nfthe County. The accounting shall be provided by the Contractor to the County or to the individual, as directed by the County. 11. To the extent the Contractor is to carry out one or more of the covered entity's obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the requirements ofSubpart Ethat apply tothe County inthe performance ofsuch obligations. B. Permitted Uses and Disclosures bvBusiness Associate The Contractor may use ordisclose protected health information boperform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate HIPAA if done by King County or the rnininnurn necessary policies and procedures of King County. C. Effect of Termination 1. Except as provided in hC2ofthis section, termination of this Contract, for any reason, the Contractor shall return or destroy all protected health information received from the County, or created or received by the Contractor on behalf of the County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the protected health information. 2. In the event the Contractor determines that returning Vrdestroying the protected health information ioinfeasible, the Contractor shall provide toKing County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Contractor shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such protected health information. O. Reimbursement for Costs Incurred Due toBreach Contractor shall reimburse the County, without limitation, for all costs of investigation, dispute resolution, notification of individuals, the media, and the government, and expenses incurred inresponding tomnyauditoorctharinveaLigotinnne|8Ungt0or arising out of a breach of unsecured protected health information by the Contractor. XXV||. NOTICES Whenever this Contract provides for notice to be rovidedbvone party toanother, such notice shall be |nwriting; and directed tothe Chief Executive Officer ofthe Contractor and the Director of the County Department of Community and Human Services. Any time within which a party must take some action shall be computed from the date that said party receives the notice. 37 onc"SignEnvelope ID: ocOx8o *41 XXVU|. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY In accordance with King County Code Chapter KCC 18.20 and King County Executive Policy CON 7-1-2, the Contractor shall use recycled paper for all printed and photocopied documents related tnthe submission of this solicitation and fulfillment ofthe Contract and shall, whenever practicable, use both sides Vfthe paper. XX|X. SERVICES PROVIDED |NACCORDANCE WITH LAW AND RULE AND REGULATION The Contractor and any subcontractoragree, when applicable, toabide bvthe terms of Chaptero3U.44. 69.54. 70.02.70.96A` 71.05.71A.10.71A.14.71A.18` 71.20. 71.34.end 71.34 of the Revised Code of Washington, rules and regulations promulgated thareundgr, the Basic Inter -Contractor Contract between the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition offunds granted under this Contract, all ofwhich are incorporated herein byreference. XXX. POLITICAL ACTIVITY PROHIBITED A. NoPartisan Activity None of the funds, materials, property or services provided directly or indirectly under this Contract | be used for any partisanpolitical activity nrtofurther the election or defeat of any candidate for public office.� All Projects using federal funds shall also comply with the following subsection: B. Certification RegardingL0bbvng The Contractor certifies, hothe best ofits knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee nfany Agency, amember ofCongress, anofficer oremployee of Congress, oronemployee ofomember ufCongress inconnection with the awarding nfany federal nnntcact, the making ofany federal grant, the making of any federal loan, the entering into ofany cooperative agreement, and the axtension, oondnVation, ranevva|, enVandrnent, or modification ofany federal contract, grant, loan, nrcooperative aQre8nnanL 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Contractor, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Forrn-LLL."Disclosure Form toReport Lobb 'ng."inacoord8noevv|th|ts instructions. The Contractor shall require that the language of this certification be included in the award documents 'for aUsub'axwands at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is o prerequisite for making orentering into this transaction imposed by31 UGC1352. City of Tukwila 38 Page 34 of41 e01aContract -6065103 000uaignEnvelope ID: 3Cn28510-41A7-4oe8-96s1-Eoo72nA745oF Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XXX|. MISCELLANEOUS PROVISIONS A. Smvarabi|ity. Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision is found to be |nva|id, illegal or unanforueebie, then such provision or portion thereof shall be modified to the extent necessary to render it |8ga|, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. B. Remedies Not Exclusive. No provision of this Contract precludes the County from pursuing any other remedies for the Contractor's failure to perform its obligations. C. No Third Party Beneficiaries. Except for the parties towhom this Contract ieassigned incompliance with the terms of this Contract, there are nVthird party beneficiaries tothis Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party thereto. This Contract shall ^be,~governed by and construed 't0the |avv��nfth��State 'ofVVaohington. Any claim orsuit b nthepe'osaheingoutVfthis Contract may only befiled and prosecuted in King County Superior Court or U.S. District for the Western District of Washington, inSeattle. XXXU. AFFIRMATIVE MARKETING A. Federal Marketing Requirements Each Contractor must adopt affirmative marketing procedures and requirements for projects containing five or more housing units funded with CDBG and/or HOME funds. Affirmative marketing steps consist ofactions to provide information and otherwise attract eligible persons from all rocia|, ethnic, and gender groups in the housing market area to the available housing. (The affirmative marketing procedures do not apply to families with housing assistance provided by the Pub/in Housing Authority or families with tenant booed rental aso)otonoa provided with HOME funds.) The County shall annually assess the Contractor's affirmative marketing program to determine the success of affirmative marketing actions and any necessary corrective actions. B. The affirmative marketing requirements and procedures adopted must include: 1. Methods for informing the public, owners, and potential tenants about federal fair housing laws and the use ofthe Equal Housing Opportunity logotype o[slogan |n press releases and solicitations for owners, and written communication to fair housing and other groups; 2. Requirements and practices the Contractor must adhere toinorder tocarry out the participating jurisdiction's affirmative marketing procedures and require.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype orslogan, and display offair housing poebeh; 39 ooc"nignEnvelope ID: uonexo10-41x7-4neo-96s1'soC7uoA7400p 5. Procedures tobeused by the Contractor to inform and solicit applications from persons |nthe housing market area who are not likely toapply for the housing without special outreach (a.g.,use nfcommunity organizations, language interpreters, places of worship, employment centers, fair housing groups, or housing counseling aQenciea); 4. Records must bekept describing actions taken bvthe Contractor to affirmatively market units and records to assess the result of these actions; and 5. Adescription ofhow the Contractor shall assess the success ofaffirmative marketing actions and what corrective actions will botaken where affirmative marketing requirements are not met. XXX|U. ACCESSIBILITY FOR CAPITAL PROJECTS Any buildings orother facilities designed, oonstructed.cveltaredvvithfedena|fundopunouont tothis Contract are subject tothe requirements ufthe Architectural Barriers Act of1S68 (42 U8C4151'41 and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Parts 101-19 and subpart 101-19.6 for general type building). When applicable, certain multi- family housing units designed and constructed for first occupancy after March 13, 1991, with assistance provided under this Contract must comply with the Fair Housing Accessibility Guidelines, 24 CFR Part 100 as amended. XXXIV. LABOR STANDARDS�"� Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C A. Davis -Bacon Requirements For projects 000iotedvvithCOBGfundo.th|sGubmacUonohaUnnteppk/tononatruoUon or rehabilitation of residential property consisting of fewer than eight units. For projects assisted with HOME funds, this Subsection shall not apply to rehabilitation of rental property consisting offewer than twelve units. All construction work funded in whole or in part under this Contract must be performed inaccordance with the Davis -Bacon Act, aoamended UG{}sections 270(a)- 27O(a)(5)). the Copeland 'Y\nti-Kickbank�'Act, as'amended (4O U8C27h(c)) and the Contract Work Hours and Safety Standards Aot(4O UGC 327 at seq.) as further pre- scribed at 29 CFR Parts 1, 3, 5, S and 7. The Contractor will fn||oyy all Davis Bacon documentation requirements and regularly submit required documentation to the County shall maintain records sufficient to evidence compliance with this section and shall make such records available for the County'oreview upon request. Acopy ofthe current Davis -Bacon wages must heincluded inall construction bid specifications, contracts, and/or subcontracts over$2.00Q. except where the project includes a copy of applicable state prevailing wages that are higher than current Davis - Bacon wages. Agencies receiving an award oflocal funds (HOF. RAMP. HB2331.Veterans and Human Services Levy or MIDD funds) or federal funds that do not trigger Davis -Bacon shall comply with Subsections Band Cbelow: 40 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96El-EOC72OA745DF B. Prevailing Wages Projects that are not subject to Section A above, shall pay State residential prevailing wage rates as minimum. Projects that are subject to State prevailing wage requirements of chapter 39.12 RCW shall pay prevailing wages at or above the applicable State classification rate. The Contractor shall provide annual certification to the County of its compliance with the requirements of this aaotinn- The Contractor shall additionally maintain records sufficient to evidence compliance with this section and shall make such records available for the Cnunty'areview upon request. C. Use of Volunteers The Contractor shall obtain the written approval of the County prior to allowing any volunteers to perform construction work on a project assisted under this Contract. XXXV. EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS A. Section 3Requinan1entu The work tobeperformed under this Contract may besubject tothe requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered UySection J.shall, to the greatest extent feasible, bedirected tolow and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. Section 3Criteria for Capital Projects Aoset forth |nthe HC[>Plan, Section 3regulations found at24CFR§135.38apply to all Project/Program Exhibits which meet all three of the fo||nvv|ng criteria: 1. The Project/Program Exhibitnluotinc|ude $20O.000nrmore intotal HUD funds from one nrmore program years; 2. The Project/Program Exhibit must include construction or rehabilitation work as o task that will befunded |Afull V[inpart 'with the HUD funds; and 3. The construction orrehabilitation work that will befunded must have ocontract value, which exceeds $1O0.0OO.Actual contract value ofconstruction or rehabilitation work is the determining foctor, not cost estimate. Additionally, Section 3 regulations are applicable to Project/Program Exhibit(s), which do not initially meet the above criteria but which are amended so as to add funds or change the activities for which the funds are used. Section 3 regulations donot apply toprojects that|nc|uda$2O0.00Uornnor8inHU[}fundsvYheMthe funds are being used for acquisition and/or professional services only and not for construction or rehabilitation work. City of Tukwila 41 onc signenvelupe|o:nCnzAn1n41*7-40uu-9se1'eoo7zOA7*oop XXXVI' NCJBENEFIT TO OWNERS AND DEVELOPERS OFASSISTED HOUSING NuContractor, developer orsponsor (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or nonprofit (including a Community Housing Development Organization when acting as an owner, developer or sponsor) may e COBG` HOME, H[)F, RAHP. HB2531, Veterans and Human Services Levy, KU/OOorCX-aaaintedaffordable housing Unit in —'project. This provision does not apply to onowner-occupant nfsingle family housing ortoenemployee oragent ofthe owner or developer of rental housing project who occupies CDB(], HOW1E, HOF, RAHp, HB 2331.Veterans and Human Services Levy orCX-assietedunit aathe project rn8nageror maintenance worker. XXXVI|. SUPPLANTING Any federal CDBGorHomeless Housing and Services (21O3)Funds made available under this Contract to provide public (human) services shall not be utilized by the Contractor to reduce or replace the local financial support currently being provided to public (human) service programs. Honno|eao Housing and Services funds cannot be used in the place of existing housing operations Vrservices funds. XXXV|U. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL REQUIREMENTS A.Certification The Contractor certifies that i compliance Workplace Act of 1B88(42USC7O1)and regulations set forth at24CFRpart 24.Subp8rt F. B. Other Federal Requirements The absence ofmention ]n this Contract ofany other federal requirements that apply to the award and/or expenditure ofthe federal funds made available by this Contract is not intended to indicate that those federal requirements are not applicable to Contractor activities. The Contractor shall comply with all other federal requirements relating tothe expenditure offedero|funda.inu|ud|ngbVtnotHnn|tedto.theHotohAot(5 U8C.Chapter 15)regarding political activities. XXX|X. CONSTITUTIONAL PROHIBITION In accordance with the First Amendment of the United States Constitution, Article 1, Section 11 of the Washington State Constitution, and separation of church and state principles, as a general rule, funds received under this Contract may not be used for religious activities. Except where otherwise allowed by federal law, the following restrictions and limitations apply tothe use of{}OBGand HOME funds: A. A Contractor may not engage in inherently religious activities, such as worship, religious instruction orprose|yttcat|on.8opart nfthe assistance funded under 'this Contract. If the Contractor conducts religious activities, the activities must be offered Contract, separately, in time and |ocot|on, from the assistance funded under this on roct.and participation must be voluntary for the beneficiaries of the assistance; B. In performing under this Contract, the Contractor shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief; and C. CDBG and HOME funds may be used to rehabilitate or construct facilities and housing owned by primarily religious organizations only to the extent those structures are used 42 oocuGignEnvelope ID: u000An10-41A7-4oBe-9nE1'EocT2u^7uoop for conducting eligible activities consistent with 24 CFR § 570.200, 24 CFRG92.257. XL. PROMISSORY NOTE, DEED OFTRUST AND COVENANT The Contractor agrees that funding provided under this Contract for the acquisition, construction, improvement and/or rehabilitation ofreal property ) ownedbvthe Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly execute a promissory note, deed of trust and covenant (if applicable), in a format approved bythe County, |frequired inaProject/Program Ekhibit.TheContractoragreonthotforree| property, which inleased bythe Contractor and assisted under this Contract, the Contractor shall obtain a covenant from the owner of the real property in a form approved by the County, ifrequired inany Project/Program ExhibjL XL|' ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS The Contractor shall at all times comply with all applicable fmdara|, state, and local |ovxa, atatutes, rules and regulations relating to relocation of those persons and households residing at the Premises prior to occupancy by tenants. The Contractor shall be solely responsible for the cost of all relocation benefits required by |oVV. Capital Projects using federal funds shall also comply with the following subsection. A. Local Funds Projects that include or will include only local county funds (HOF-CX, Veterans and Human Services Levy, RAHP, 2331, Mental Health, or HIPDD Developmental Disabilities Funds) for the acquisition, demolition, and or rehabilitation of property that has existing residential tenants who may be displaced shall provide relocation benefits to all displaced households. Effective October 1, 2014, the benefit amount for each displaced household will be $2,933 per household; provided that, if the Joint Recommendations Committee (JRC) of the King County Consortium adjusts the benefit amount in accordance with King County Consortium Supplemental Relocation Guidelines based on changes in the consumer price index, the increased benefit amount shall apply. All tenants selected for relocation shall be given formal notification regarding the need to relocate with a minimum of 90 days' notice of the date they must relocate, along with information about why they were selected. Consideration of a longer notice period may be required if the tenant demonstrates a special circumstance (for instance, health reasons) which would be alleviated by extending the notice period. A list of all displaced households, including name, unit number, household size, ethnicity, and monthly gross income shall be provided to the King County Relocation Specialist along with documentation of all the payments made to displaced tenants. All relocation costs shall be included in the project development budget. B. Federal Acquisition and Relocation Requirements: Implementation ofany project providedforinthioControotvvU|be undertaken ooaoto minimize involuntary displacement of peraonn, buoineoaeo, nonprofit org'anizatiUna, or farms tnthe greatest extent feasible. The Contractor shall comply with the following: 1. Any acquisition ofreal propertybythe Contractor for any activity assisted under this Contract shall comply with the Un|tmrrn Relocation Act and 49CFR Part 24; City of Tukwila Page aRof 41 un1nContract —s0651on 43 DocuSign Envelope ID: 3CO2A510-41A7-40B8-96E1-E0C720A745DF 2. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Contract shall comply with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part 24 as amended, and the County's Residential Anti -displacement and Relocation Assistance Plan required by federal regulations at 24 CFR § 570.606(c), and adopted by the County Council as part of the HCD Plan. The Contractor shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by the King County Residential Anti -displacement and Relocation Assistance Plan; and 3. When any lower -income dwelling units are demolished or converted to a use other than a lower -income dwelling unit, in connection with an activity assisted under this Contract with federal funds, the units must be replaced on a one -for -one basis. Lower -income dwelling units are defined as a dwelling unit with a market rent (including utility costs) that does not exceed the applicable Fair Market Rent for existing housing as established by HUD and published annually, pursuant to 24 CFR Part 888. The Contractor must comply with the one -for -one replacement of housing requirements of Section 104(d) of the HCD Act, as amended. The implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24 CFR § 570.606. XLII. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS The Contractor shall engage in sound property and program management practices and at all times operate and maintain the Premises in a manner which fully complies with all applicable federal, state, and local laws, statutes, rules and regulations covering health and safety issues in order to provide decent, safe and sanitary housing, as now in effect or as may be hereafter amended. The Contractor specifically agrees to comply and pay all costs associated with achieving such compliance without any notice of requirement or requirements from the County, and that the County does not waive this section by giving notice of demand for compliance in any instance. The Contractor shall throughout the term of this Contract, without cost or expense to the County, keep and maintain the Premises and all improvements, landscaping, fixtures and equipment which may now or hereafter exist thereon, in a neat, clean and sanitary condition, and shall, except for reasonable wear and tear, at all times preserve the Premises in good and safe repair. If, after 30 days' notice from the County, the Contractor fails to maintain or repair any part of the Premises or any improvement, landscaping, fixtures or equipment thereon, the County may, but shall not be obligated to, enter upon Premises and perform such maintenance or repair and the Contractor agrees to pay the costs thereof to the County upon receipt of a written demand. XLIII. TAXES AND LICENSES The Contractor shall pay throughout the term of this Contract, all applicable taxes, and all licenses and excise fees covering the ownership and operations of the Premises. XLIV. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL PROJECTS A. In the event that all or any portion of the Premises is taken or conveyed as a result of any condemnation proceeding or damaged as a result of any casualty, the County and the Contractor agree that the proceeds of any condemnation or casualty affecting the City of Tukwila Page 40 of 41 2018 Contract — 6065103 44 onouoignEnvelope ID: oCooAn10-4lx7-4noa-9oe1'eoc7uOA7*noF Premises shall be made available for the repair or restoration of the real property if the County and the Contractor intheir reasonable judgment agree that: 1. Repairorreotoodionoftheren|propedv|sfeao|b1eandthotnufficientfundaana available to complete such work; 2.After the completion of work, the real property can be feasibly operated within the restrictions and requirements nfthe Project/Program Exh|Uit;and 3. More than two years remain after the completion of the work until the end of this EL The County and the Contractor shall meet as necessary to discuss in good faith the rebuilding or repair of the real property and reach a decision with respect thereto within O0days after the occurrence nfthe casualty orcondemnation. Ifthe parties cannot in good faith agree to repair or restore the real property as provided above, then any proceeds of the casualty or condemnation, within 60 days of demand, shall be paid first to satisfy the County's lien. The balance of the proceeds shall be paid to the Contractor. |NWITNESS HEREOF, the parties hereto have caused this contract tobeexecuted and instituted on the date above written. KING COUNTY: CITY OF TUKWILA: King County Executive Signature Date Name (Please type or print) Approved bvDCH8Director Approved as to Form: OFFICE OFTHE KING COUNTY PROSECUTING ATTORNEY 45 cities Insurance Authority 28-Dec-18 King County Dept. of Community & Human Services Attn: 401 Fifth ave Suite 510 Seattle, WA 98104 Cert#: 11860 RE: City of Tukwila 2019 Community Development Block Grant for Minor Home Repair Program Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 155 public entities in the State of Washington. P.O. Box 88030 Tukwila, WA 981.38 Phone: 206-575-6046 Fax: 206-575-7426 WCIA has at least $4 million per occurrence limit of liability coverage in its self - insured layer that may be applicable in the event an incident occurs that is deemed to be attiibuted to the negligence of the member. Liability coverage includes general liability, automobile liability, stop -gap coverage, errors or omissions liability, employee benefits liability and employment practices liability coverage. WCIA was created by an interlocal agreement among public entities and liability is self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an additional insured. Sincerely, Rob Roscoe Deputy Director cc: Peggy McCarthy clelter 46 onn"GignEnvelope ID: uCozaao-41A7-4uno-9os1-EOCrcoAr*nop EXHIBIT U CITY OPTUKWILA TUKW|LA CONSORTIUM MINOR HOME REPAIR PROGRAM (C18623) Contract No.:0Q851O3 Project No.: C18623-1127781 King County Project Manager: Kathy Tramper Agency Contact Person: Stacy Hansen Start Date: Deoernber1. 2010 Telephone: 208-433-7180 End Date: November 15, 2019 Email: stacy.hansen@tukwilawa.gov |. WORK STATEMENT The after referred to as "the Contractor") agrees to provide funds to repair the existing stock of homes owned by low- to moderate -income households in the South King County communities of Covington, Des Moines, SeaTnc. and TuhvVi|a, as described in this Exhibit beginning on December 1, 2018, and completing these services by November 15, 2019. All such activities shall be provided in a manner which fully complies with all applicable federal, state and local laws, otmtutao, rules and ragu|at|ono, ooare now \n effect or hereafter may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed $SO.00D|n King County Community Development Block Grant ({}OB8)funds. U. PROGRAM DESCRIPTION The preservation ~the housing of low- to moderate -income home owners through the � provision offunds to repairthe existing stock of homes owned moderate -income A. Indicators The number ofunduplicated households who receive minor housing repair assistance in the communities of Covington, Des Moines, SeaTac, and Tukwila. B. Eligibility 1. Eligible clients shall have an annual gross family income that does not exceed the Moderate Income limits based nnthe applicable Family Size inthe following 2O17United States Housing and Urban Development (HUC) Income Guidelines Table. Clients noayse|f'cgnbfv in writing that their family income does not exceed the applicable limit. 2OiDHUD INCOME GUIDELINES Median Family Income =`$YQ3,4QD Effective June 1, 2018 30% MEDIAN '50% MEDIAN 80% MEDIAN FAMILY VERY LOW' MODERATE- SIZE 1 $22.500 $37.450 $56.200 2 $25.700 $42.800 $64.200 3 $28.900 $48.150 $72.250 4 $32.100 $53.500 $80.250 5 $34.700 $57,800 $86.700 G $37.250 S62.100 $03.100 7 $39.850 $66.350 $88.550 8 $42,400 G70.650 $105.950 City of TukWla Page 1ofr cmaContract 6065103 exhx 47 DocuSign Envelope ID: 3CO2A510-4lA7-4OB8-96EI-EOC72OA745DF 2. The definition of family shall include all persons living in the same household who are related by birth, marriage or adoption and includes dependent children living away from home. The definition of income includes all sources of income required to be reported on Internal Revenue Service Form 1040. 3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees touse updated income 'guidelines that shall beprovided bvthe County. The County shall provide the updated guidelines to the Contractor electronically or byhard copy. 4. Services provided with funding under this Exhibit may belimited horesidents nf Covington, Des Moines, SaaToc,and Tukwila. 5. Services shall be provided on a first come, first served basis with safety and health issues prioritized. 8. Eligible clients must have lived in their home for at least one year. C. Definitions 1Disabled person iSanadult who has severe disabilities based oDthe Bureau of the Census definition. 2` Elderly 8n�d�� years _ _ 3. Emergency repair includes activities that protect, repair or arrest the effects of disasters, imminent threats orphysical deteroradionthotpoeaan|nnn1inent danger to life, health or safety. 4. Routine maintenance includes activities that merely keep astructure |ngood operating condition; such activities do not add to the value of the strunture, appreciably prolong its useful life, or adapt it to new uses. 5. Unit of service is a minor home repair, measured by unique job or repair hours that |sundertaken inaclient's home. O. Program Requirements The Contractor shall use CDBGfunds tnprovide minor home repair oemioeoforlow- and moderate -income homeowners |n the cities nfCovington, Des Moinao.GeaToc, and Tukwila. Funds shall befocused on maintaining the safety and health nfthe ocoUpan1e, preserving the dwelling and/or conserving energy. These activities may inc|ude, butane not limited to: earthquake preparedness, replacing broken switches, sockets, light fixtures, repairing heat sources, repairing gutters and downspouts, replacing repairing feuoets, toilets, ainka, drains. broken or leaky pipes and repairing minor roof leaks. City of Tukwila 48 onouSignEnvelope ID: aCozAn10-*1x7-4000-9nsn-Enc7uoA7*ooF 1. The Contractor agrees to serve, at minimum, the following unduplicated number of households served under this Exhibit: Number of unduplicated households in.- Dec. 2018 Jan. -Mar. 2019 Apr. -Jun. 2019 Jul, -Sep. 2019 Oct. -Nov. 2019 Total 2018/2019 Tukwila O 3 4 3 3 13 SoaTnc O 3 3 3 3 12 Des Moines U 3 3 3 3 12 Covington U 3 4 3 3 13 Cumulative: 0 12 14 12 12 50 2. The Contractor agrees to proVide, at minimum, the following cumulative hours of service: Minor Home Repair Hours in: Dec 2018 Jan. -Mar. 2018 n. 2019 Jul. -Sep. 3019 Oct. -Nov. 2010 Total 2018C2019 Tukwila U 8 8 � 8i 8 32 SeaTao ��� ^�'^`� = 7 31 Des Moines O 8 ' 8 8 7 31 Covington 0 8 8 8 O 32 Cumulative: 0 32 32 32 30 126 The funds provided under this Exhibit shall beused topay for the costs associated with the provisionof these units of service. 3. Environmental Review a. Minor city staff shall uonlpl*ha, sign and submit a Tier3SDe Specific FRReview Request Form, and Lead Based Paint /L8FqChecklist @sapplicable, for every individual job. Work may not start until HCOstoff has replied with ER approval and notice -to -proceed b. The MCDERSpecialist (or alternate HCD staff) will review the Tier 3 Request. Based on the detailed job description, adetermination will be made as to whether the job is "maintenance" or "rehabilitation". Once the Checklist |acompleted, the CID Coordinator will review and sign off. The HCO ER Specialist will then transmit the completed ER record tothe City with the official determination as an attachment along with notice -to - proceed language embedded in the in body of the approval email. Ifany mitigation |orequired, it will be noted |nthe ER record and |nthe email transmittal. The email transmittal isconsidered the 'electronic City of Tukwila Page 3 of 7 2018 Contract 6065103 - Exh 11 49 000vSignEnvelope ID: aCouxo10-41Ar-4oeu-9oE1'EooruoA74nnF signature' by the transmitting party for purposes of moving the process forwmrd. If the work contractor finds there ismore work to be completed, hawill contact the City first and then the HCOERSpecialist tohave the additional tasks noted and reviewed onthe ERRecord. City staff will tn advise the HCDERSpecialist via e-mail ofapproval |nchange ofscope for the obligation. |fadditional work changes the 'mointenance' determination to 'rehabi|iteUon', nnwork will be completed until ofu|| ER review has been completed and anew Notice toProceed issued. 4. Lead -Based Paint (LBP) Requirements a. The Contractor shall complete the HCD Supplementary Lead Based Paint Checklist for all repairs onhouses built prior to1S78and submit copies toHCDProject Manager along with the Tier 3ERChecklist, ao b. The Contractor shall procure aneutral third party lead based paint certified contractor hired specifically to assess LBP threshold determinations (with the exception of those re -occurring activities that have been pre -determined tnnot disturb poinU. The sub-contractor(s) shall not complete the LBP work on homes they have assessed and shall refer his/her determinations back tothe Contractor tocoordinate all LBPhousing repairs and clearance through King County HCDStaff. C. The Contractor shall monitor job completion and LBPclearance of housing units per Housing Repair LBPstandards as set forth in the Minor Home Repair .Program Lead Based Paint Requirements and Process. d. If a project repair area ksover dem|nimuoand has children under the age ofsix residing inthe house, and |aover $5IK}O|nrepair value, the project shall bereferred to King County Housing Repair Program by MHR'Staff for assessment and completion. i |nthese instances, ifthe City makes the referral and desires to continue funding the repair osogrant, dwill beresponsible for all additional costs associated with addressing the i and the LBP. The Housing Repair Program will bill the K8HR Program for the project in an amount adequate to cover all costs associated with the repair and LBPactivity. ]fthe K8HRProgram runs out nffunds available for grant transfer referrals, the referrals will bgassessed for the traditional non -amortizing loan program through the Consortium's Housing Repair Program, if desired by the client through normal channels ufintake, and general HRPprocaoc. ii. The estimated HCOcost associated with LBPreview, testing, determination and clearance has been determined tobenVless City of Tukwila Page 4 of 7 2018 Contract 6065103 - Exh 11 50 omcuSignEnvelope ID: uonoxn10-41xr-4oe8-9oE1'soorunx74omp itemized per project. Multiple tests nn|gk¢ be necessary to complete clearance of a project e. Lead Based Paint Records The Contractor shall maintain records documenting compliance with Regulations for Lead -Based Paint Poisoning Prevention inCertain Residential Structures at24Code nfFederal Regulations KCFRUPart 35. Such records shall include, for each housing unit assisted under this Contract: i Records evidencing that the housing repair was exempt pursuant to 24CFRPart 35.115'or ii Records evidencing that the scope of the housing work did not exceed the de minimus criteria at 24 CFR Part 35.1350(d) and that the Contractor provided the required pamphlet to the occupants of the housing unit pursuant to 24 CFR Part 35.91 0(b); or iii. Records evidencing that the housing repair work was completed in accordance with the procedures specified in24CFRPart 35. Subpart including provision ofrequired notices, and performance of evaluation and clearances. 5. Subcontracted Services o. In addition to the requirements ofSection XV|. of the Contract, the Contractor shall execute written agreements with each Contractor with which it subcontracts to provide services (hereinafter "Implementing /\gancy"\and shall incorporate into such subcontracts the provisions in Section ||.O.. Program Requirements, of this Exhibit. b. The Contractor shall invoice the County for due and payable invoices of the Implementing Agency 0rfor costs paid bythe Contractor for goods, materials orservices already provided. The Contractor shall invoice the County after the Implementing Agencyhas invoiced the Contractor. The Contractor ohm|| include o copy of the /nnp|ennenUn0 Agency's invoice with its invoice submitted tothe County. The Contractor shall ensure that all coats for which the Implementing Agency requests reimbursement are allowable inaccordance with Office ofManagement and Budget Code ofFederal Regulations (CFR) 230 or CFR235. as C. The Contractor shall monitor all subcontracted services nnaregular basis to aSeuny contract compliance. Raauko of monitoring efforts shall besummarized |nwritten reports and supported with documented evidence offollow-up actions taken tocorrect areas ofnoncompliance. 8. Copyright If this Contract results |nany copyrightablemateria|.KingCounty reserves the right to royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for governmental purposes. 51 DocuSign Envelope ID: 3CO2A510-4lA7-4QB8-96El-EOC72OA745DF 7 Public Information All marketing materials, news releases and other public notices related to projects funded under this Agreement shall include information identifying the source offunds asthe King County Community Development Block Grant Program. U|. COMPENSATION AND METHOD gFPAYMENT A. The Contractor shall apply the following CDBG funds in accordance with the Line Item Budget below. The total amount of reimbursement pursuant to this Exhibit shall not excSod$8U.00O. King County COBGFunds -South Sub -Region $90,000 B'18-UC-53-0001 Total CDBGFunda: $90.000 2. Line Item Budget Capital Outlay (Construction Contracts) Total CDBG Funds: B. Billing Invoice Package 1. The Contractor shall submit a Billing Invoice Package (BIP) every three months that consists ofaninvoice statement and other reporting requirements as stated |nSection |V..REPORTING REQUIREMENTS, ofthis Exhibit inaformat approved bythe County. All required reports shall accompany the invoice statement inorder tnreceive payment. 2. All required reports must accompany the invoice statement in order to receive payment. The Contractor shall submit invoices tothe County inthe form ofa CDBQ Program Voucher Reimbursement Request form. Such forms shall be signed byanauthorized representative pfthe Contractor and shall be accompanied bycopies ofsupporting documents. 3. The BIP is due within 20 working days after the end of the three month term. 4. The final 2018 voucher and reports shall be submitted no later than November 15,2019. C. Method of Payment 1The County shall reimburse the Contractor onmquarterly basis for actual expenditures inaccordance with the Line Item Budget inSection UiA. 2. Payment tnthe Contractor may bewithheld for any quarter |nwhich the Contractor has not submitted the reports specified in Section IV., REPORTING REQUIREMENTS, of this Exhibit, or in which said reports are incomplete. City of Tukwila Page 6 of 7 2018 Contract 6065103 - Exh 11 52 ooc 8ignEnvrmpem:3CoaAn10-41x7-4000-9sE1'EoC7anA74sop 3. The Contractor shall advise the County quarterly ofany changes inrevenues from sources other than the County that are used b]provide the services funded under this Exhibit. The Contractor agrees to re -negotiate performance requirements if the County determines that such changes are substantial. |V. REPORTING REQUIREMENTS The Contractor shall submit electronically the 'following data reports inaformat and tnon address provided by the County. A. The Contractor ohoU maintain completed Environmental Review Forms from the King County Environmental Review Specialist, and place ephotocopy with client's applications for repairs in the Contractor's Minor Home Repair Program file. B. The Contractor shall submit with each invoice acompleted Project Activity Report Form, inaformat provided by the County. Each Project Activity Report shall include a narrative with anexplanation ifactual services are less than 9Opercent ofthe cumulative minimum service requirements as stated in Section 11. D.1. of this Exhibit. C. The Contractor shall use the following methods tomeasure the indicator specified in Section ll.D.1. of this Exhibit: Number of unduplicated households served. O. The Contractor shall submit with the final invoice a completedFProject Funding Report City of Tukwila Page 7 of 7 2018 Contract 6065103 - Exh 11 53 54 ����X � xu� �«Tu. m�xVa Allan Ekberg, Mayor U x �w� U l� TO: Community Development and Neighborhoods FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: January 23.2019 SUBJECT: 2019 Lodging Tax Funding Requests ISSUE Approval of lodging tax funding request from Seattle Southside Regional Tourism Authority (SSRTA), Museum of Flight, City of Tukwila, and Starfire Sports. BACKGROUND The City collects a1%lodging tax on certain qualifying overnight stays inpaid accommodations S/D] �/Ai[bDh)|�1�8[]tv.�t8t��um�nl�Sth��S8��Ul9S9fm1�StOtDUhSOl�[O00tiOn'. There is currently just over $1 million in lodging tax funds available for use. The City's Lodging Tax Advisory Committee (LTA[) reviews OU requests, even by the City, for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount e The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. All the requests attached were reviewed by the LTAC at either its November or January meetings. z8CVV67.28.000(§)defines "tourism promotion" as"'activities operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operatingtouhsm promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." 2OnAugust 17,2016 the Washington State Attorney General's Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: ` "When awarding lodging tax revenues pursuant toR0K6728.281omunicipality may award amounts diffemntƒmmthe local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements nfRCN/67J&2827(2),according towhich the municipality must submit its proposed change to the advisory committee for review and comment at leastforty-five days before final action on the proposoL° 55 56 INFORMATIONAL MEMO Page 2 Pending Applications The LTAC has forwarded applications from SSRTA, Museum of Flight, City of Tukwila, and Starfire Sports for 2019 LTAC funding. The total funds requested is $676,545. Funding requests are reviewed on a rolling basis so additional funding requests could be submitted to the City. 1. Seattle Southside Regional Tourism Authority ($202,500 2019 and $202,500 2020). SSRTA has requested $405,000 over two years to support tourism promotion, marketing and sales activities. SSRTA jointly markets the Cities of Tukwila, SeaTac, and Des Moines under the "Seattle Southside" brand. SSRTA is responsible for tourism promotion outside the 50-mile radius of the City and is the City's primary Destination Management Organization (DM0). SSRTA provides a valuable service to the City by helping to drive "heads in beds" to local hotels. The funds provided will help support basic operations and activities at SSRTA. The exact funds requested are consistent with the interlocal agreement (ILA) with the cities listed above that created the Tourism Promotion Area for the cities. Under that ILA the cities outlined a recommended funding allocation for lodging tax funds to SSRTA. LTAC reviewed the request at its November 20, 2018 meeting and recommends providing funding as requested. 2. Museum of Flight, Destination Moon, ($100,000) Museum of Flight, a non-profit, is recognized as one of the premier aviation and space museums in the world. The Museum is home to over 150 air and space craft spanning all genres and time periods. Over the last year the Museum has averaged just over 630,000 visitors. Funding for 2019 is requested to support marketing and event activities for the Smithsonian's traveling exhibit "Destination Moon - The Apollo 11 Mission." The Apollo 11 command module Columbia —the only portion of the historic spacecraft to complete the first moon -landing and safely return to Earth —along with more than 20 other mission artifacts will be exhibited at The Museum of Flight from April 13 — September 2, 2019, including the 50th anniversary of the Moon landing — July 20. This iconic capsule left the Smithsonian's National Air and Space Museum for the first time in 46 years, in April 2018, for a two-year traveling exhibition. This exhibit will be in Tukwila on the 50th Anniversary of Neil Armstrong's famous first step. The Museum of Flight is one of only four stops for Destination Moon during its national tour, and the only West Coast destination —of the tour. This event is expected to attract visitors from the entire west coast and across the country. LTAC reviewed the request at its January 22, 2019 meeting and recommends providing funding as requested. 3. City of Tukwila ($127,045) The City of Tukwila is requesting funding for administrative costs associated with the lodging tax fund. This is a regular funding request staff makes to support marketing efforts for the City. Funds are requested for training, travel, professional services, indirect cost reimbursement, and membership to several business and tourism organizations. These opportunities are available to INFORMATIONAL MEMO Page 3 all elected officials, employees and LTAC members if applicable. Staff is requesting additional funds for professional services to create and print collateral reflecting the adopted City's tourist brand. Funds are also being requested to support .5 FTE within economic development. This is not a new position. Staff costs for the existing Business Relations Manager position will be split 50/50 between lodging tax and the general fund. Also, funds have been allocated to a small grants program that staff can administrator for small activities within the City. The goal is to help build the overall tourism environment of the City with these funds. LTAC did remove a request from the application for the City to develop website and social media. This amount was for $100,000. This will be reviewed under a separate application. LTAC reviewed the request at its January 22, 2019 meeting and recommends providing funding as requested. 4. Starfire Sports ($44,500) Starfire Sports, a non-profit entity, has grown into one of the premier soccer complexes in the United States. Over 1.3 million people visit the complex annually to take part in soccer tournaments; play in indoor and outdoor soccer leagues; to engage in sport specific training, soccer viewing, and attending professional soccer matches. Starfire is also the training home of the Seattle Sounders FC, which play in the Western Conference of Major League Soccer. Opening in 2003, Starfire Sports complex has 12 outdoor fields and two indoor fields. The complex is located at Fort Dent Park, which is owned by the City of Tukwila. Also located at the Park is a small children's play area and regional trail system. The City has maintenance reasonability for the play area, trails, and parking area. Starfire Sports regularly hosts multiday, weekend soccer tournaments, which brings in soccer teams from throughout North America. Teams stay in hotels throughout the Seattle Southside region, with a 70/30 split between Tukwila and SeaTac hotels. Players and their families can also be seen throughout Tukwila, at Westfield Southcenter, the Family Fun Center, and area restaurants. Besides soccer, Starfire Sports has been used to host a variety of other sports and activities, including rugby, lacrosse, and quidditch. Starfire Sports is requesting 2019 lodging tax funds to assist in the promotion and facilitation of leagues, events, and tournaments. The goal is to attract visitors to create 10,000 hotel room nights and bring 1.3 million annual visitors (not unique) to the complex and Tukwila. Starfire will promote its events through email and online marketing, with regional soccer organizations and social media. LTAC reviewed the request at its January 22, 2019 meeting and recommends providing funding as requested. FINANCIAL IMPACT The total amount of funding requested from the lodging tax fund is $676,545. As discussed above, the City has budgeted the collection of $755,000 in lodging tax revenue in 2018. 57 INFORMATIONAL MEMO Page 4 RECOMMENDATION Staff recommends that the City Council approve the funding request, as recommended by LTAC. Staff suggests that the application be placed on the February 4 consent agenda. ATTACHMENTS A. SSRTA Application and Materials. B. Museum of Flight Application and Materials. C. City of Tukwila Application and Materials. D. Starfire Sports Application and Materials. 58 Staff Memorandum Lodging Tax Funding Request Name of Applicant: Seattle Southside Regional Tourism Authority (SSRTA) Event/Activity: SSRTA operations. Funds provided as outlined in Interlocal Agreement (ILA) with the cities of Tukwila, SeaTac, and Des Moines. Address: 3100 S. 176th Street; Seattle, WA 98188 Total Funds Requested: $405,000 ($202,500 for 2019 and $202,500 for 2020 for operations). About the Applicant: SSRTA, is a destination marketing organization providing tourism marketing for the cities of SeaTac, Tukwila, and Des Moines under the "Seattle Southside" brand. In the past destination marketing services were provided by Seattle Southside Visitor Services (SSVS), which was administrated by the City of Tukwila. On January 1, 2016 services provided by SSVS transitioned to SSRTA. Funds Previously Awarded: In 2017 and 2018, as outlined in the TPA Interlocal Agreement, the City provided $472,500 to SSRTA. The amount awarded were outlined in the (ILA) with the cities of Tukwila, SeaTac, and Des Moines. Funding Request Narrative: SSRTA is requesting City lodging tax funds for general operations to be used to fund general marketing, sales, and business services. Funds will be used to support a variety of activities, including sales and FAM tours and social media promotions. The proposed scope of services is identical to the scope of services for 2017 and 2018. SSRTA has requested two years of funding. The amounts are consistent with the TPA Interlocal Agreement. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 59 Staff Comments: SSRTA helps the city in its goal of creating a strong and diverse economy. SSRTA assists Tukwila hotels in generating sales leads, booking meetings and conventions, and booking room nights. Of three cities that makes up Seattle Southside, Tukwila has the greatest estimated visitor spending, even though we only account for 27% of the total lodging rooms in Seattle Southside. When SSRTA books hotel rooms and bring group to the region, even when the rooms are in the cities of SeaTac or Des Moines, Tukwila still benefits because visitors come to the Southcenter are to dine, shop, and for entertainment. A collaborative regional approach, offered by SSRTA, is highly beneficial to the City. SSRTA is providing an invaluable service, which in the past had been provided by SSVS. SSRTA helps market the area to potential tourist helping to drive tourist customers to area businesses. SSRTA's mission supports the City's overall economic development efforts to strengthen the City's economy. City of Tukwila Staff Recommendation to LTAC: Approval Notes: Should LTAC and the City Council approve the request, a final scope of work, consistent with the approved application, will be finalized by the City and the applicant. Additionally, the applicant will need to enter into a services contract with the City. Both the scope of work and contract need to be reviewed by the City Attorney. Because this contract will be over $40,000 the City Council will need to authorize the Mayor to execute the agreement City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 60 Application to the City of Tukwila for Use of 2019-2020Uodging Tax Funds Event o[Activity Name (if eonicable): Destination Marketing Organization Amount ofLodging TaxRequested: $405,000'= OOieach year Applicant Organization: Seatt|eSouthside RTA Federal Tax |DNumber: 47-3031480 Mailing Address: 3100S176m St#3UO^Seattle VVASB1Q8 Primary Contact Name: Lisa Schwartz Primary Contact Phone: 206^686-7264 Primary Contact Email Address: Liva@5eatt|eSouthside.conm Check all the service categories that apply tothis application: * Tourism promotion ormarketing. *Operation of special event or festival designed to attract tourists. *Operation of a tourism -related facility owned or operated by a non-profit organization. *Operation and/or capital costs of a tourism -related facility owned by a municipal (PDA) or a public facilities 'district. Check which one ofthe following applies toyour agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary ofState Office) *Public Agency I am an authorized agent of the organization/agency applying for funding. I understand that: � 1 am proposing a tourism -related service for 2019 - 2020. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and, in an amount, determined by the City; and file for apermit for use ofCity property, ifapplicable. 0 My agency will be required to submit a report documenting economic impact results in a /I /'ronnatdetermined btheCity. Sig''ature: '� ~*. j Date:� Printed or Typed Name: Katherine Kertzman, President & CEO 61 Application to the City of Tukwila for Use of 2019-2020 Lodging Tax Funds Seattle Southside Regional Tourism Authority 3.) Describe your tourism -related activity or event. Seattle Southside Regional Tourism Authority (RTA) is the official regional destination marketing organization (1)MO)/or the cities of SeaTac. Tukwila and Des Moines, Seattle Southside RTA promotes the combined COMIalaailaS aS a destination branded "Seattle Southside, to create increased economic impact through marketing the destination'Is numerous travel and tourism businesses, Seattle Southside RTA is highly regarded as an effective organization and valued within our communities, region and state. Vision Statement: lb position Seattle Southside cis a destinclii011 Of choice for practical travelers to Seattle while enhancing the image and econontic strength of the region. Mission Statement: As ci brancl-driven and entrepreneurial destination marketing organization, Seattle Southside RTA provides' advocacy and innovative set -vices to competitively y MaliCet the destination. This fitnction helps create jobs, groTv tax revenues, and improve quality of life 'Or our businesses' and residents, 2) If an event, list the event name, date(s), and projected overall attendance. Not Applicable 3) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? The RIA's primal:1;16ms is attracting overnight tourists who stay in paid accommodations, eat in local restaurants°, shop within area retailers, visit nearby attractions, etc„ as these travelers have the highest visitor spencl per trip, generating the greatest economic impact ancl return Oa investment, 4) Describe why visitors will travel to Tukwila to attend your event/activity/facility. Travelers can do more when visiting Seattle Southside area because of its central location; access to transportation including shuttles, rental cars, caul tours; affordability; unique attractions; plentilid shopping and dining choices' that stretch time, awney and opportunities fitrther Print, radio and online advertising drive business to Seattle Southside's website and Visitor Center fin- more information about area tourism related -activities. Positive press generated by the Seattle Southside RTA encourages visitors' to travel tot! area to experience evetything they've read about. The RTA produces a variety of destination guides designed to be used by visitors or locals hosting ottt of town visitors 62 including complete details relating to accommodations, restaurants, transportation, activities, and maps to steer tourists to Tukwila businesses. 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). The RTA's primarylocus is attracting regional, national and international travelers outside of a 50- mile radius who stay overnight in paid accommodations, although local residents also receive benefit from RTA marketing activities that include but are not limited to visitor concierge, social media advertising and some avvareness print advertising as well as media outreach efforts generating positive press about the region. 6) Describe the prior success of your event/activity/facility in attracting tourists Please refer to question 12, 7) If this your first time holding the event/activity/facility provide background on why you think it will be successful. Not Applicable ---the Seattle Southsidc tourism promotion program has been in existencefor 19 years and is an internationally recognized destination marketing organization having received numerous marketing awards. 8) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or clay tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. Please see 2016-2021 Strategic Plan and 2018 Business Plan 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. GfIebs'ile, printed inaterials, advertising, PR & social media, sales outreach, etc. 10) Is the City able to use your digital and print media for collaborative marketing? Yes, and we currently partner on the Pori ofSeattle "spotlight" program at the Airport. 11) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? The City of Tulavila is included throughout Seattle South,side's marketing materials. All Seattle Southside advertising utilizes a logo that identifies the City by name. The Dining Guide identifies and lists alllidl-service Tukwila restaurants and their addresses, the Travel Planner lists all Tukwila hotels and their addresses. We produce a regional map that identifies Tukwila. 2 63 Our website identifies Tukwila on all businesses with that address and features countless attractions, retail, lodging properties and Marc all located in Tukwila. 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 459,325 wehsite, 11,528 meeting delegates, 20,906 VC inquires/mailers, 24,913 shuttle riders and 24,790 Ad attributed hotel sales not through website. RTA tracked encounters. Does not include advertising impressions, social medics exposure, PR, or other marketing outcomes. 541,462 Actual b. Number of people who will travel fewer than 50 miles for your event/activity. Dean Runyan <5% of A 27,073 Estimated c. Number of people who will travel more than 50 miles for your event/activity. Dean Runyan > 95% of A 514,389 Estimated d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. (50(,)/6 based on Google Analytic's) 257,194 Estimated e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. (RTA does not track "Family & Friends '' overnight stays based on distance. 85% from DR) 85% of C 437,230 Estimated f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. (567,025 actual RTA generated room nights' x 2.3 party size from Dean Runyan) x 27% of SS hotel room supply Tukwila = 27%. 352,123 Actual g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 567,025 tracked actual r00111 nights' x 27% of SS hotel room supply Tukwila =- 27%. 153,097 Actual 13) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? 3 64 Seattle Southside R TA utilizes 3rd party metrics obtained from Google Analytics, H2R Research conversion studies, and Dean Runyan Travel Impact research in addition to the actual data collected from bookings and foot traffic and tracked through the RTA based on international standards as identified by the Destination International (DI). 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? City of Sea Tele $830,000 (2019) and $830,000 (2020) City of Des Moines 1009' of Lodging taxes estimated to be $1 1 1,000 15) Are you applying funding from Seattle Southside Regional Tourism Authority (RTA)? If so, in what amount? Not Applicable. 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? The RTA 20 1 8 annual budget is $5,2 million Tukwila 's contribution is 3.9% The estimated 2019 revenues are projected to be $4,911/1 17) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? The R7A would consider a reduction ofservices and/or staffing. 4 65 66 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: The Museum of Flight Address: 9404 East Marginal Way South, Tukwila, WA 98108 Total Funds Requested: $100,000 About the Applicant: Museum of Flight, a non-profit, is recognized as one of the premier aviation and space museums in the world. The Museum is home to over 150 air and space craft spanning all genres and time periods. Over the last year the Museum has averaged just over 630,000 visitors. Over the last few years the Museum has increased its reach into eastern Washington, British Columbia, and Oregon. Besides aviation tourist enthusiasts, the Museum is also a draw for military affinity groups, industry professionals, and engineering and technology professionals. The Museum is also recognized as one of the premier event spaces in Seattle, offering a wide variety of space and event services. Funds Previously Awarded: The Museum of Flight has received lodging tax funds in the past. For 2018 the Museum received $30,000. Funding Request Narrative: Per the application: Funding for 2019 is requested to support marketing and event activities for the Smithsonian's traveling exhibit "Destination Moon - The Apollo 11 Mission." The Apollo 11 command module Columbia —the only portion of the historic spacecraft to complete the first moon -landing and safely return to Earth —along with more than 20 other mission artifacts will be exhibited at The Museum of Flight from April 13 — September Z 2019, including the 50th anniversary of the Moon landing — July 20. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 67 This iconic capsule left the Smithsonian's National Air and Space Museum for the first time in 46 years, in April 2018, for a two-year traveling exhibition. The Museum of Flight is one of onlyfour stopsfor Destination Moon during its national tour, and the only West Coast destination —of the tour. This event /s expected toattract visitors from the entire west coast and across the country. Staff Comments: |nevaluating proposals for funding, staff looks atthree specific aspects; 1. Heads inBeds Per the application submitted, K8oFhas estimated that it generates 6,7OOroom nights onanannual basis within the City of Tukwila, of which 6,000 will occur during the "Destination Moon" celebration. MoF hosts the Seattle Southside Regional Tourism Authority booking widget on its website. MoF also has relations with downtown Seattle hotels and with Visit Seattle. Aspart ofthe 2O19funding, staff would like towork with the &4oFtogain abetter ofunderstanding of the room nights generated within the City of Tukwila. This would include surveys and follow up with patrons tnbetter understand where they stayed. 2. Feet omthe Streets The applicant estimates that 650,000 people will visit the MoF in 2019, with an estimated 309,656 coming during the timeframe of the "Destination Moon" exhibit. These estimates are likely very accurate given they can easily be tracked with admission data to the MoF. While MoFgenerates a significantannomntoffoottraf0cit isstill unclear how many ofthese visitors will venture to other businesses within the City, specifically businesses in the Southcenter District. 3. Branding The application's greatest strength for Tukwila isthe opportunity to help with the City'soveraU branding efforts in the region. The activity will include a very robust and aggressive marketing campaign inthe Seattle Metro region. The City of 'Tukwila will have the Apollo 1lcommand module inthe C|ty—SOyears tothe day that Neil Armstrong took isfamous first step onthe moon. This will likely generate significant international media attention. City of Tukwila 6200 Southcenter Blvd. 68 However, this branding opportunity can only be realized if the Tukwila name is used. As partof the scope ofservices, staff has placed requirements to hopefully ensure the Tukwila name is used in relations to "Destination Moon." itshou|dbenotedthattheK4oFdoesnotuse°TukvvUa"initsoddressendinsteaduses"Seatt|e." City of Tukwila Staff Recommendation toLTAC: Approval Notes: Should LTACand the City Council approval the application, a final scope ofwork, consistent with the approved application, will be finalized by the City and the applicant. Additionally, the applicant will need to enter into a services contract with the City. Both the scope of work and contract need to be reviewed by the City Attorney. Because this contract will be over $40,000 the City Council will need to authorize the Mayor toexecute the agreement. City of Tukwila 6aU0GmuthcenterBlvd. Tukwila, ww98188 69 Museum OfFlight Destination Moon 2019 Scope of Services • Inspire level logo recognition on "title wall" of exhibit entrance: March 15, 2019 deadline * Logo recognition inpromotional spots: m Billboards (Puget Sound, Portland, Spokane, and Vancouver B[regions) o Transit (Puget Sound area) o South Lake Union Trolley wrap o Banner on the south exterior wall of Great Gallery (tentative as of 1/16/19) * Logo inDestination Moon visitor guide. March 1'2D1Bdeadline * Logo recognition at events directly related to the exhibit, such as Opening Weekend and Preview events. m Acknowledgment in Aloft, the Museum member magazine circulation 19,000. Included issues would be based onproposal approval date. w Social Media posts torecognize sponsorship w Complimentary tickets for upto 1Oguests 'toselect special events held in conjunction with Destination Moon: The Apollo IlMission. * Special group -sales rate for timed tickets toDestination Moon Tukwila specific: * Link onDestination Moon web page toother Tukwila tourism opportunities • Opportunity for Tukwila to use custom logo with tagline "'Proud home of The Museum of Flight" * All regional/local radio spots produced by the Museum of Flight promoting "Destination Moon" will be scripted to state the location of the exhibit is in "Tukwila" If a location is mentioned. w All press releases produced by the Museum and issued after execution of this contract promoting "Destination Moon" will use the dateline "Tukwila" or "City of Tukwila." Seattle will not be used. The press releases will also feature a section about the City of Tukwila, prepared by City staff and approved bythe Museum. * Cross promotion of other tourism related activities within the City, including but not limited to Seattle Seawolves games, Westfield Southcenter, Seattle Chocolates, and Family Fun Center. City of Tukwila 0zVnSouthcmnterBlvd. Tukwila, WA9818O 70 Application to the City of ����~Na for Use mf 2019Uodging Tax Funds Event orActivity Name (ifapplicable): Marketing & Event Support For Destination Moon "The Apollo 1lMission" Amount ofLodging Tax Requested: $100,000 Applicant Organization: The Museum ofFlight Federal Tax |ONumber: 91-0785826 Mailing Address: 9404 East Marginal Way South, Tukwila, WA Primary Contact Name: Jeff Bauknecht Primary Contact Phone: 206.768.7198 Primary Contact Email Address: uS�,-�Vnloff�i�ht.�r� Check all the service categories that apply tothis application: */ Tourism promotion ormarketing. v/ Operation ofaspecial event orfestival designed toattract tourists. � Operation of a tourism -related facility owned or operated by a non-profit organization. � Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one ofthe following applies toyour agency: o An entity engaged in tourist marketing ortourism promotion. Non-Profit(5Q2(c)(]) or501(c)/6U(Note:Attach acopy ofyour current non-profit corporate registrationfrom the Washington Secretary of State Office) o Municipality (City, Town, or County of Washington State) I am an authorized agent of the organization/agency applying for funding. I understand that: � |annproposing atourism-related service for 2O1S.If awarded, .myorganization jntendstoenter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, ifapplicable. � My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: Date: 71 1) Describe your tourism -related activity or event. The Museum of Flight is one of the premier educational air and space museums in the world, with oprojected ettendanceofGSO/O0OinZO19.Vbitors come tothe Museum for numerous reasons including meetings and conferences, individual and group education programs, research for historical and scholarly projects and simply for personal enjoymentofthe exhibits and many special events held throughout the year. Today the independent,non-profitMuseunnofHightisthelaruestprivateairandspecemuseum inthe world, with aprojected 2O18fina|attendanceof6OO,OOOv1sitors.Ourco||eCtonsTndude more than 160 air and spacecraft, tens of thousands of small artifacts, more than 3 million rare photographic images, and a world -class library housing more than 34,000 books, 66,000 periodicals, and 14,000technical manuals. 2019 Request Funding for 2019 is requested to support marketing and event activities for the Smithsonian's traveling exhibit "Destination Moon - The Apollo 11'Missimm'"The Apollo 11command module Columbia —the only portion of the historic spacecraft to complete the first moon -landing and safely return to Earth —along with more than 20 other mission artifacts will be exhibited at The yNus�umnofFlight from April l3—September 2,3O19,including the 5Oth anniversary ofthe Moon landing — July 20. This iconic capsule left the Smithsonian's National Air and Space Museum for the first time jn4Gyears, inApril 2O18,for otwo-year traveling exhibition. The Museum of Flight is one of only four stops for Destination Moon during its national tour, and the only West Coast destination —of the tour. This event |sexpected toattract visitors from the entire west coast and across the country. Sponsor Benefits The City ofTukwila would berecognized asan"|nsp|re"level Clnd level) sponsor with the following benefits: • Inspire level logo recognition on "title wall" of exhibit entrance: March 15, 2019 deadline • Logo recognition inpromotional spots: " Billboards (Puget Sound, Portland, Spokane, and Vancouver BC regions) " Transit (Puget Sound area) " South Lake Union Trolley wrap ^ Rack cards throughout region: JmnuarV 18, 2019 deadline " Banner on the south exterior wall of Great Gallery (tentative as of 1/16/19) w Logo inDestination Moon visitor guide. March 1,2019deadline w Logo recognition at events directly related to the exhibit, such as Opening Weekend and Preview events. • Acknowledgment inAloft, the Museum member magazine circulation 19,000. Included issues would bebased onproposal approval date. • Social Media posts torecognize sponsorship • Complimentary tickets for up to 10guests to select special events held in conjunction with Destination Moon: The Apollo 11 Mission. 2 72 Special group -sales rate for timed tickets to Destination Moon Tukwila specific: � Link onDestination Moon web page toother Tukwila tourism opportunities � Link nnDestination Moon web page toTukwila lodging anddiningopportunities(SSRTA) w Opportunity for Tukwila touse custom logo with tag|ine^'Prmwd home mfThe Museum mf Flight" 2) Tukwila's brand signature experience is built on the following themes: ~ Family Entertainment o Asmentioned in#6below, our primaryaudience bfamilies with young children. Our education programing and exhibits are all designed inamanner that encourages interaction between grandparents, parents and children. o Monthly Member Movie Nights and Free First Thursdays also encourage a family friendly experience. • Shopping o Your Museum experience is supported through a Museum store, Wings Caf6 and simulators throughout the facility; all which generate additional revenue. m Fun with Friends o The Museum holds events each year such as Hops & Props and Yuri's Night which promote activities for 'Iriend networks." Several times during the year, the Museum also hosts vintage and military aircraft fly -ins which provide for exciting viewing and flying opportunities. Describe how your event, activity, orfestival builds omone mrall the themes listed above: 3) Ufanevent, list the event name, date(s)and projected overall attendance. DestimotinwMoom-The Apollo 11Mission: April I3—September 2,2O19:Estinnatedattendapoe over this time period is 309,653. 4) is your event/activity/facility focusing mnattracting overnight tourists, day tourists, mboth? The Museum focuses onattracting overnight anddaytourists.Ourspeda|m/eekendeventsend business conferences, as well as our immersive education programs, draw thousands of overnight clients to the region. Our annual family -friendly weekend events draw day visitors from King, Pierce, Snohomish, Kitsap/& Skagit counties. Destination Moon jsexpected todraw visitors from across the region and the entire U5West 73 S) Describe why visitors will travel tmTukwila toattend yourevent/activity/facility. Events such as the grand opening of our Apollo exhibit in April of 2017 attracted visitorsand media coverage from across the region and country. The Destination Moon exhibit and related activities are anticipated to draw an even larger number of visitors from this same audience of space flight enthusiasts. Since The Museum of Flight is the only stop on the US west coast, or for that matter west of Houston, it is anticipated that the exhibit will draw from across the entire west coast. A related media buy in British Columbia, Spokane, Portland, San Francisco, and Los Angeles will further boost the west coast reach. An associated national promotional campaign will also drive visitors from across the country for the m anniversary weekend events. The Museum is recognized by our peers, and flight enthusiasts ingeneral, asone of the premier aerospace museums inthe world. Six distinct galleries display and curate the many stories of flight. The comprehensive nature of the Museum's collection is virtually unmatched within the industry. In addition, the Museum ranks among the top five venues for meeting and event capacity inthe greater King County region. The collection, combined with free parking and easy access from 15and 5eaTc Airport makes the Museum one of the top picks for corporate and affinity group conferences such as military organizations and reunions. Visitors are entertained with a nonstop airshow every day at the Museum due to the many different types of aircraft flying in and out of Boeing Field! Directly or indirectly, visitors come to the Museum for the fun and excitement that is flight. 6) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). The Museum provides an experience for almost any age, education level or cultural background. Our primary target audience is young families with children, living in the Puget Sound region, along with out-of-state leisure and business tourists. A secondary audience we continue to expand are the outlying areas of Eastern Washington, British Columbia and Southwest Washington and Portland, Oregon. We anticipate this secondary audience will be more represented than normal due to the content and historic nature of this exhibit. The Museum will continue to focus on its strengths of attracting visitors from across the greater Puget Sound region. The subject matter of the Destination Moon exhibit, and the Museum being the only stop on the west coast, will strengthen our success in attracting space flight aficionados from across the west coast. With the Museum hosting the exhibit during the 50th anniversary of the moon landing, xvealso anticipate attracting visitors from around the country. 7\ Describe the prior success mfyour ene|ityinattractlngtmorists' 2018 has once again been a strong year for the Museum, and we anticipate finishing the year by welcoming 600,000 visitors from across the region and representing every state in the country. In addition to one of the most comprehensive air and space craft collections in the world, the Museum houses the largest aerospace library and archives on the west coast, serving researchers 4 74 and scholars. Historians, engineers, highschoo|andco||egestudents aswell asfilm production teams, use this vast collection tosupport research, aid indesign concepts and even create accurate and exciting visual images onthe small and big screen. In addition to our industcy'leadingeducatkon programing and exhibits, our Public Programs team facilitates more than 60 weekend and special event programs on virtually every topic imaginable related toflight. Our 2Ol7Public Program Calendar bincluded toillustrate the vast array of topics covered bythese programs. 8) if this your first time holding theevent/activity/facility provide background onwhy you think it will besuccessful. Although this will bethe first time hosting the Destination Moon exhibit, the Museum has decades of experience in hosting large special events and exhibits on an annual basis. Examples include our annual Blue Angels weekend where 17,000-21,000 visitors come to the Museum over the three-day weekend, and the 2016 Boeing Company Centennial event when nearly 100,000 guests were treated todaxvn-to-duskactivity over three days. 9) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments inthe City mf Tukwila. The Museum promotes businesses in the Tukwila region through placement of the Seattle Southsi6e Regional Tourism Authority (SSRTA) Visitor Guide in our Museum lobby kiosk. We also pronnoteSSRTAthrouQhp|acernentoftheirtourisnn"vvidget"onourxvebsite|naneffort to drive m/ebsi1etraffic to the myriad lodging and other tourism businesses in the South Seattle region. The Destination Moon exhibit will provide an opportunity for community -wide partnerships with other tourism -related business around the region. 10) As part of theCity's branding process, the City committed to using the "Tukwila" name above other names often used hodescribe the City (or parts mfthe Citw)such as°Smuthcanter"mr ak If you are existing entity currently operating inthe City does your entity list its physical location as being in Tukwila? Ifnot, why? (Note: This question |sonly with the city |being used to describe your location, jtdoes not apply to out of area marketing, which may say "Seattle"). Historically, the Museum has associated itself with Seattle as its geographic reference. In specific instances we also use Seattle Southside and Tukwila as geographical references. b) Ufyou are proposing anew activity, festival, mrevent will itbe described asoccurring in "Tukwila?" Yes, but some conditions will apply depending on who creates and controls the messaging. As an Inspire level sponsor of Destination Moon, the City of Tukwila would secure the benefits asoutlined inItem #12019 Request ofthis proposal. Recognition oo materials produced by the Smithsonian Institute Traveling Exhibit Services (SITES) will 5 75 require their collaboration. [SITES isthe owner and managing endtyoftbeexhibitand national advertising campaign.] :) If you are proposing a marketing program please outline how the °Tmkwvk*"name will be used, promoted, used inpromotional materials and used in social media. In addition to the benefits outlined in Item #12019 Request, Tukwila will be highlighted as shown below. w Social network marketing including Facebook Twitter, |nstagnan\etc. will include o combination ofboth Tukwila and Seattle references. • All onsite program materials created by the Museum will reference Tukwila as the location, • Advertising with out -of -area audiences will reference Seattle as the location. ** NOTE! The Museum encourages the City of Tukwila to create a special -use logo with the tagline "Home of The Museum of Flight" to be used on all materials. Current online and social media metrics Current Social Network 3totsasofSeptember 2O18 |nstagrann: 17,600 Facebook: 77,000fodkovvs Twitter: 18,100 Museum ofFlight VVebsite3tats Pageviexvs: 4.6 Million Visits: 1Williom Unique Visitors: 728 K 6 76 11) Measurements and Metrics (Note: You will berequired toreport these metrics aspart mfthe closeout of the agreement between your organization and the City.) As a direct result of your proposedtourism-related service, provide anestimate of: Total 2019 / Duration ofExhibit a. overall attendance atyour proposed event/nct\»itv/fnd|ity. 650,000/309,653 b. Number Vfpeople who will travel fewer than S0miles for your event/activity. 370,000/I73,400 c. Number ofpeople who will travel more than SQmiles for your event/activity. 280,000/136,253 d. Ofthe people who travel more than SOmiles, the number ofpeople who will travel from another country orstate. 128,600/79,000 e. Ofthe people who travel more than 5Omiles, the number ofpeople who will stay overnight inTukwila. 13,500/8,175 f. Ofthe people staying overnight, the number ofpeople who will stay in PAID accommodations (hotel/motel/bed-breakfast) inTokvvUa. 5,750/4,000 g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 2Spaid rooms onFriday and 50 paid rooms mnSaturday =75paid lodging room nights) 6,700/6,000 12) What methodologies did you use to calculate the estimates and what methodologies will you use totrack outcomes, such mstotal participants, estimated visitor spending, etc.? Total numbers inthe chart above are estimated bvcombining the number ofknown room nights or estimated room nights used for: a. Washington Aerospace Scholars summer residency program, b. Out-oftoxVnPublic Program guest speakers and related visitors, c. Special events related to annual public programs such as Memorial Day and Blue Angels, d. Public and private events surrounding the Destination Moon exhibit and the opening of the Vietnam Veterans Memorial Park also scheduled for completion in 2019, e. ZO19Hops §kProps, and Hanger Festattendees, and t Anestimate pfthe overnight visitors from general admission. individual program numbers come from admissions tracking. Estimates for general admission visitors comes from zip code data collected atour admissions desks. 7 77 13) Are you applying for lodging tax funds from another community? Ifso, which communities and in what amounts? We have applied to the City of SeaTac and been approved for $75,000 in 2019. 14)Are you applying funding from Seattle SouthsideRegional Tourism UYso, 0m what amount? The Museum is in conversation with SSRTA regarding funding for 2019, but has not submitted a request atthis time. 15) What is the overall budget for yourevent/activity/facility? What percent ofthe budget are you requesting from the City of Tukwila? a. The Museum VyFU ht'aoyera||2O18operatiunsbudgetis$2]'918,896.C)ur2O19budget will increase 6mapproximately 3-S96` 2OlQoperations budget detail included for reference. b. Our overall marketing budget for 2O18is $700,978. Our 2O1gmarketing budget will be approximately $1.4million with the primary increases affecting regional and national media efforts related to the Destination Moon Exhibit and the opening of the Vietnam Veterans Memorial Park. * This $100,000 request for 2019 represents 7% of the Museum's proposed 2019 marketing budget. Completed applications should besubmitted to: Lodging Tax Advisory Committee c/o Brandon Miles City nfTukwila G2OOSouthcenterBlvd Tukwila, VVAA8IQ8 Or , Questions? LT4COmtact Brandon ].Miles 8 78 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: City of Tukwila, Office of Economic Development Address: 6200 Southcenter Blvd, Tukwila, WA 98188 Tot. u5nds Requested: $227i4\1)-1 About the Applicant: The City of Tukwila is a non -charter City organized under the laws of the State of Washington. Founded in 1908, Tukwila is one of the oldest cities in King County. Since its founding, Tukwila has always been a community at the "crossroads." Tukwila lies at one of the busiest freeway interchanges in Washington State. The City has a small bedtime population of just under 20,000. During the day the City's population swells to over 150,000 people, with people coming to the City to work, shop, dine, stay in hotels, and to visit once in a life time experiences, such as the Museum of Flight or iFly. The City is one of the most diverse cities in the country. Over 70 languages are spoken in the Tukwila School District. Many well-known businesses are based in Tukwila, such as BECU, Westfield Southcenter, Seattle Seawolves, Seattle Sounders FC, Top Pot Donuts, Pop Gourmet, and the Sabey Corporation. The City has over 2,000 hotel rooms and over 100 restaurants. Funds Previously Awarded: Last year the City was awarded $59,164 for its general administration costs. Funding Request Narrative: The requested funds are to provide funding for certain administrative costs incurred for operations related to operations and administration of the lodging tax fund. Funds will be used for office supplies, .5 FTE (wages and benefits) professional services, training and education, memberships, indirect costs, and other incidental costs, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 79 Additionally, this requests includes funding to develop a launch a tourism related website and social media platforms, including content development and creation. Staff Comments: These funds help the City administrator the lodging tax funds, including managing and overseeing contracts with third parties. Development of a website consistent the adopted City brand is overdue. There does not exist a website or social media platforms promoting the Tukwila brand. This will provide that opportunity. City of Tukwila Staff Recommendation to LTAC: Approval Notes: None. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 80 Application to the City mfTukwila for Use mf 2019 Lodging Tax Funds Event orActivity Name (if app|icabkA: General Administration, Small Marketing and Sponsorship, VVebsiteDevelopment, and Social Media Platform Development, including content creation. Amount ofLodging Tax Requested: $227,045 Applicant Organization: City ofTukwila, Mayor's Office Federal Tax |DNumber: 91'6001518 Mailing Address: 678USouthcenterBlvd Tukwila, VVA9OIO8 Primary Contact Name: Brandon J. Miles Primary Contact Phone: (206)431-3684 Primary Contact Email Address: Brandnn.M||es@TukVvi|axva.gov Check all the service categoriesthat apply tothis application: Tourism promotion mrmarketing. Operation ofaspecial event orfestival designed toattract tourists. Operation of tourism -related facility owned or operated by a non-profit organization. � operation andlorcapital costs ofotourism'relatedfac0tyowned &ymmunicipality oro public facilities district' Check which one Ofthe following applies toyour agency: Non -Profit (Note: Attach a copy ofyour current non-profit corporate registration from the Washington Secretary ofState Office) ~/ Municipality Note: January 26, 2028t Applicationupdated following Lodging Tax Advisory Committee meeting on January 23, 2018. Changes are shown and reflect the approved requestfrom the Committee. I am an authorized agent of the organization/agency applying for funding. I understand that: � 1 am proposing a tourism -related service for 2018. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: 81 1) Describe your tourism -related activity or event. The City of Tukwila requests funding for 2019 for administration of the City's lodging tax fund, basic marketing activities, website creation and operations, and developing the City's brand social media. Funds for this application are used for general administration, staff time (half FTE)and related costs incurred bvthe City inmanaging its lodging tax program. |nthe past the funds for this application were used for the following activities intended to support the entire tourism program: • Office Supplies; • Professional Services; • Training and Education; • Membership, Registration, and Subscriptions; • LTACMeehngs; • Parking, Travel, and Meals; and • Indirect Cost Allocation. Last year JAC approved @ for the City's Administration application and the City is requesting for these In addition to the items listed above staff is also requesting funds to supportlabor and benefits for .5FTE.This |snot anew position. The {]tv` Business Relations Manager bthe lead onlodging tax and tourism issues. The position has historically been funded using 100% of general fund dollars. The City is requesting that the staff time for this position be split 50/50 between the lodging tax and general fund. The City isalso requesting acharge for the [itv's indirect cost allocation. The requested amount is significantly lower than previous years. The lodging tax fund isone ofseveral special revenue funds managed by the City of Tukwila. Under State Law, the Cityis permitted to charge special revenue funds for the indirect costs that are incurred by the general fund to support and maintain these special revenue funds. These costs include, but are not limited to, legal support, accounting, insurance, technology services, human services, and office administration. Activities that are needed to support the lodging fund. The City isalso requesting small amount $8,000 for small sponsorship opportunities throughout the year that could help build the Tukwila brand and help enhance the tourist destination. |n2O1Q,the City ofTukwila, Mayor's Office oversaw nearly $4O000Oinlodging tax funds awarded tO outside groups. Each award requires a contract and ongoing oversight by City staff. 2) If an event, list the event name, clate(s), and projected overall attendance. This request is not for aspecific event. However, the application helps support the City's ability to use 82 31 Isyour event/activity/facility focusing onattracting overnight tourists day tourists, or both? Both, the City uses its lodging tax funds to support marketing activities for both day and overnight visitors. These are for activities either done by the City or by third parties. In the past the City has used its lodging tax funds to support Seattle Southside Regional Tourism Authority; events such asthe Rock 'N'Roll Marathon; the Backyard Wildlife Fair; and marketing activities at the Museum of Flight and Starfire Sports. Providing funding for outside organizations requires administrative support from several departments, including Finance, City Attorney, Technology Services, City Clerk, and Economic Development. Additionally, there are tourism related trainings, events, and memberships that the City would like to be part of, These activities help support the City's ongoing tourism efforts. Funds in this application will also be used to develop a website and social media to promote the City in the region. 4) Describe why visitors will travel to Tukwila to attend your event/activity/facility. The request isfor funding tohelp support Citvscosts incurred bvthe City toadminister the lodging tax fund and for expenses that are related to tourism. As discussed above, the lodging tax fund is used to support aVahe±y of activities in the region, which bring both day and overnight visitors the City. Costs associated, such as offices supplies, travel, parking, and education related totourism and marketing should becharged to lodging tax and not the Cit/sgeneral fund. The new website and social media platforms will beused to tell the °Tukwi|a"story, consistent with he adopted brand. 5) Describe the geographic target of the visitors you hope toattract Ooca|hy regionally, nationally, and/or internationally). N/A. G) Describe the prior success mfyour ewent/aUt«inattracUnQtourists The City has along history ofsuccess inusing lodging tax funds tosupport awide range ofactivities, including Seattle Southside Regional Tourism Authority, the Museum of Flight, Starfire Sports, and the Southwest King County Chamber ofCommerce (now known as Seattle SouthsideChamber nf Commerce). 71 If this your first time holding the event/activity/facility provide background onwhy you think 83 N/A 8) Describe the media strategy you employ tupromote your event/activity/facility toattract overnight a_,-rdaVtourists?P|easeOstanyd' ita|mrprintrnedia(nemahtters,e'b|asts social media, etc.) your agency uses or intends to use to promote your event/activity/facility. N/A 9\ Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments inthe City mfTukwila. N,-10) Is the City able to use your digital and print media for collaborative marketing? N/A 111Describe how you will use the name, "TukxvUa"inpublications, promotions, and for your event? N/A 12) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out ofthe agreement between your organization and the City^) Asadirect result of your proposed tourism -related service, provide an estimate of: a. Overall attendance atyour proposed event/activity/facility. 0 b. Number ofpeople who will travel fewer than 5Omiles for your event/activity. O c. Number ofpeople who will travel more than SOmiles for your event/activity, U d. Ofthe people who travel more than S0miles, the number ofpeople who will travel from another country orstate. O e. Ofthe people who travel more than SOmiles, the number ofpeople who will stay overnight inTukwila. O f. Ofthe people staying overnight, the number ofpeople who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. O 84 g. Number ofpaid lodging roonnUkzhtsresuhiUgfrVnlyourproposed event/acbvity/farUity (for 25 paid rooms onFriday ond50 paid rooms on Saturday = 75 paid lodging room nights) Special Note: The numbers provided above are direct estimates for this application. This application helps supports the [it»sefforts infunding activities b«third parties. Combined, these third parties marketed the City to nearly 2 million people. For example, in 2017 Starfire Sports received $42,000 in lodging tax funds and nearly 1.3 nni|/inn people visited the Starfire3po[1s campus. The ability to provide funding to these third parties could not occur without the City'sability to process contracts and provide payment, which issupported bythis application. Once the City launches the website and social media platforms the city will be able to get a better understanding of target demographics. 13) What methodologies did you use to calculate the estimates and what methodologies will you use totrack outcomes, such astotal participants, estimated visitor spending, etc? Asdiscussed above, the City uses its lodging taxfundstosupportaxvideran0eofactivities.|n2O19,the City anticipates funding the City ofTukwila, SSRTA, the Museum ofFlight, Sta,fir2Sports, and other smaller activities. These funded activities have metrics, which the City will use for reporting purposes for this funding request. 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? No. 15) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? No. 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City ofTukwila? Total requested funding is$ The following is the proposed budget for the campaign (note funds in rows 1-7 might be moved between budget rows, but won't exceed the total amount requested). Column Budget Item 2018 2019 Proposed Notes Approved Budget 85 l. Office Supplies $750 $750 This isfor general offices supplies and for domain names holds the City has purchased. 2. Professional Services $8,000 $11,000 For 3O17these funds were used for an additional visit from Bill Baker, the Citx's branding consultant. Funds were also used for the creation of some collateral for the new brand. For 2O18,staff would like tpuse some funds toget additional collateral made reflect the new brand and have funds available for small projects thathe|p with the [ity's marketing, branding, and tourism attraction efforts. 3. Training and Education $6,008 $6,000 These funds are intended for staff and elected officials who might desire orneed education or training for tourism related activities. 4. Memberships, Registrations, and subscriptions. $7,000 $8,000 Memberships to: 0 Seattle Chamber of Commerce m Seattle Sports Commission 86 w Washington Tourism Alliance * VVFEA * Others 5. [[ACK4eetings 0.00 $250 Staff tries tominimize expenses for LTAC meetings; however, in some cases vvoneed to rent aroom and/or provide food for meetings. G. Parking, Travel and Meals $1,000 $1,000 This isfor staff, City Counci|nnennbers,and LTA[members who might want toattend tourism related meetings inthe region. Last year this expense was charged tOthe general fund. 7. Indirect Cost Allocation $36,414 $18,741 Reimbursement ofthe C|t/sgeneral fund for activities such as legal support, accounting, insurance, technology services, public records, and office administration needed tosupport the lodging fund. This funding supports all the indirect charges with administration of the lodging tax funding and isbased onthe citywide overhead analysis used tocharge overhead t special revenues funds. 87 8. Sub Total: $59,164 $45741 New Items 9. Labor $O'OD $55,547 This isnot anew position. Funding for the Business Relations Manager will besplit 5O/5Obetween the general fund and lodging tax fund. lO. Labor (benefits) $17,847 This isnot anew position. Funding for the Business Relations Manager will besplit SO/5Obetween the general fund and a . lodging t xfund ll' | yVeb5itedesign Ic ations, con nt� cia| Zctaa *on, and � medi development. � � ��v O �� ~=�- C 'on of a tourism d Tukwi conazmn. oa/ media development as vVe||. 12. Small Event Sponsorship $0.00 $8,000 13. Subtotal: $0.00 $V81,304 14. Total: $59164 ^v"z - All activities. Itmay benecessary tomove funds between rows 1'l3; however, the total expenditure will not exceed the total listed in row 14. 17) What will you cut from your proposal or do differently if full funding for your requestis not available or recommended? Without funding it would jeopardize the City's ability to process third party requests for lodging tax funding. Additionally, the City might choose torequire the lodging tax fund to"pay asbgoes" for 88 Applications are considered onarolling basis. Please contact staff todiscuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Com c/o Brandon Miles City ofTukwila 62OQSouthcenterBlvd Tukwila, WA 98188 Or, Brandon. Miles 6DTukxvUexva1gov LTACContact: Brandon 1Miles (206)431-2684 Updated: March 21, 2017 89 City ofTukwila General Administration 2019 Scope of Services As outlined the budget above, funds will be used for the following activities intended to support the operations of the lodging tax fund: 1. Purchase ofoffice supplies; 2. Hiring ofprofessional services, asneeded (not project spedfid; 3. Training and Education for City staff, City elected officials, and LTA[nnennbers; 4. Membership, Registrations, and Subscriptions for the City; S. Costs associated with the LTA[nneetings; 6. Parking, Travel, and Meals 7. Indirect Cost Allocation 8. Staff costs (wages and labor) 9. Development a Tukwila tourism website, including content development. Note, funds may be moved between the categories, but the total expenditure will not exceed $181,304 90 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: Starfire Sports Address: 14800 Starfire Way, Tukwila, WA 98188 Total Funds Requested: $44,500 About the Applicant: Starfire Sports, a non-profit entity, has grown into one of the premier soccer complexes in the United States. Over 1.3 million people visit the complex annually to take part in soccer tournaments; play in indoor and outdoor soccer leagues; to engage in sport specific training, soccer viewing, and attending professional soccer matches. Starfire is also the training home of the Seattle Sounders FC, which play in the Western Conference of Major League Soccer. Opening in 2003, Starfire Sports complex has 12 outdoor fields and two indoor fields. The complex is located at Fort Dent Park, which is owned by the City of Tukwila. Also located at the Park is a small children's play area and regional trail system. The City has maintenance reasonability for the play area, trails, and parking area. Starfire Sports regularly hosts multiday, weekend soccer tournaments, which brings in soccer teams from throughout North America. Teams stay in hotels throughout the Seattle Southside region, with a 70/30 split between Tukwila and SeaTac hotels. Players and their families can also be seen throughout Tukwila, at Westfield Southcenter, the Family Fun Center, and area restaurants. Besides soccer, Starke Sports has been used to host a variety of other sports and activities, including rugby, lacrosse, and quidditch. Funds Previously Awarded: Last year Starfire Sports received $44,500 in lodging tax funds from the City. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 91 Funding Request Narrative: Starfire Sports is requesting 2019 lodging tax funds to assist in the promotion and facilitation of leagues, events, and tournaments. The goal is to attract visitors to create 10,000 hotel room nights and bring 1.3 million annual visitors (not unique) to the complex and Tukwila, Starfire will promote its events through email and online marketing, with regional soccer organizations and social media. In addition to the scope of services from last year, the following will also be included: • Allow the City to have free meeting space for events and activities; • Promote activities and events occurring in the City, both by the City itself and third parties. • The City will be a sponsor for all Starfire tournaments. Staff Comments: After Westfield Southcenter, Starfire Sports is the largest draw of visitors in the City and perhaps the largest draw of overnight guests in the City. Additionally, the tournaments and leagues at Starfire bring in people throughout the Puget Sound region on day visits to the City. Participants at tournaments and leagues at Starfire can easily be identified, while at restaurants and retailers throughout the City. National demographic data indicates that while most soccer participants are under the age of 18. While most participants might be kids, the sport reaches well beyond the kids, with parents beingspectators, referees, coaches and/or administrators. These parents tend to be influential, educated, and technically savvy. Over half of households with youth soccer parents in them have a household income about $75,000, with 35% of household having an income above $100,000. Starfire brings these high income households the City everyday with their soccer tournaments and leagues. One of the goals of staff is to work with Starfire to identify ways to encourage visitors of Starfire to come back to the City, even when they are not visiting for a soccer related activity. Since its opening in 2013, Starfire has also help created positive branding for the "Tukwila" name. Starfire and its tenants, including Seattle Sounders FC, identify their physical location as being "Tukwila." Each visitor who comes to the facility leaves with a positive experience in Tukwila. Starfire Sports has also helped the City with event production, including the Seattle Sounders FC MLS Cup send off. City of Tukwila Staff Recommendation to LTAC: Approval. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 92 Notes: Should LTAC and the City Council approve the request, a final scope of work, consistent with the approved application, will be finalized by the City and the applicant. Additionally, the applicant will need to enter a services contract with the City. Since this contract will be over $40,000, the City Council must authorize the Mayor to sign the contract. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 93 Starfime 2019 Scope of Services General: Contractor shall organize, promote and facilitate tournaments, leagues and events edStarhreSports Complex with the goal ofattracting over 1DUUOovernight hotoKnlote|roornnbts8nd1.3miU|on annual visitors (not unique visitors) in a collaborative working relationship with the City of Tukwila. The purpose of this agreement is for the tracking of hotel bookings, promotions and marketing. 1. As needed, contractor shall refer teams and event directors directly to Seattle Southside Regional Tourism Authority .adestination marketing organization for the City, for assistance with |odging, restaurants, attractions, transportation companies, etc. ordirectly to the Qty. 2. Contractor will encourage and, where possible,require other 3rdparty organizers holding tournaments and events atGtarfire to utilize Seattle Souths|dg(TUkwila.GoaTac,and Des Moines) lodging businesses. Contractor will provide 3mparty organizers eone-page promotional flyer as an attachment (to be provided by the City) to its rental agreements. 3. Contractor shall provide aprominently placed City ofTukwila logo tothe sponsor section of the landing page ofvmxnw.storfiraoporte onrn VveboKo. 4. Contractor will promote City ofTukwila attractions and activities through its marketing department, league information, and tournament relations via links in email signatures and information inevent documents. Information may baregarding non -city activities. Attractions and events promoted bvthe City, with the contractor, cannot be|nconflict with business interest of8torfiro Sports. 5. Contractor and City shall work in conjunction to provide content in the regular e-newsletter from Starfire Sports about Tukwila attractions and activities. Attractions and events promoted bvthe City, with the contractor, cannot beinconflict with the business interests ofE8orfine Sports. 5. |nall collateral, pressna|oasaa nnedi8s.etc. where alocation iSmentioned, contractor shall always identify the location of Storfinaagbeing located in^TVkVV|a." Contractor shall encourage third parties operating at or hosting events at Starfire to also list the location as 7. Provide nn|ninnunn offour social nnad|o post per month promoting activities, dining, shopping, and/or hotels in the City. Content to be provided by the City and approved by Contractor. City of Tukwila bIOoSouthcente,Blvd. Tukwila, WA98188 94 8. Aedeemed most appropriate bvContractor, use the #Tukxv|oorthe name "Tuhwibƒinsocial media posts onFamabook.Twitter, Goog/o+and/or |nstognaFn. 8. Contractor shall make available free meeting space, during regular operating hours bvthe Contractor, for the City, provided City events do not conflict with paid meeting reservations. 10. Contractor shall work with the City to promote events in the City, including but not limited to City sponsored events, events sponsored bythird parties, and grand openings 0fbusinesses within the City. Events promoted by the City, with the contractor, cannot be in conflict with the business interests Of8torf|reSports. 11.The City of Tukwila shall also be considered etournament partner for 2019. As a tournament partner the City shall bereceive the following benefits: m. City included aspart ofthe Tournament /l000Aa.g.The 8ladinaAmtroTurf@ Cup. Tukwila, WA). b. Visibility on .comhomopage,youth tournaments landing page, tournament event page, and drop -down navigation menu n. 300px by 300px placement on the tournament event page and tournament landing page ofstorfiranporto.00nn d. 300px by 300px placement in all registration and announcement emails related to the tournaments o. (6) Banners displayed during each day of the tournaments; banners to be provided by City f. (1)10'x1O'booth during each day oYthe sponsored tournaments g. (1) PA Announcement mention every 4 hours during each day of the tournaments h. (1) 8.5" x 11" promotional flyer in all sponsored tournament(s) coach's packets i. (1)1O0pnhy75pXplacement intwo Stadinanewsletters ]. (1)Marketing email sent toall tournament participants k. (1)Rotating placement |nthe 8tadireMedia Center during the tournament season |. Mentions via Etorf|re'nsooia| media platforms nn' Opportunities for City officials to participate in Tournament award pnaaanisdiono City of Tukwila saonsouthcenterBlvd. Tukwila, wm9818u 95 96 • lic tion to the City of Tuk ila for U Event or Activity Name (if applicable): Amount of Lodging Tax Requested: Applicant Organization: Federal Tax ID Number: Mailing Address: Primary Contact Name: Primary Contact Phone: Primary Contact Email Address. d T x Funds Starfire Sports Tournament Season $44,500 Starfire Sports 47-0887811 14800 Starfire Way, Tukwila WA 98188 tBen Oliver (206) 267-7417 beno@starfiresports.com Check all the service categories that apply to this application: Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Company I am an authorized agent of the organization/agency applying for funding. I understand that: I am proposing a tourism -related service for 2019. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My agency will be required to submit a report documenting economic impact results in a '1 format determined by the City. Signature: Printed or Typed Name: Ben Oliver _01/17/2019 Date: 97 1) Describe your tourism -related activity or event Starfire directly manages 11 soccer tournaments and over 30 third party events including 10 Seawolves games. These events draw people from all over the county, Canada and further aboard. Starfire Sports projected 2019 total attendance is over 1,300,000 visits. 2) If an event, list the event name, date(s), and projected overall attendance. See attached 3) Is your event/activity/facility f Both +11 cusing on attra in overnight ourists, day tourists, or both? 4) Describe why visitors will travel to Tu ila to attend your event/activity/facility. Starfire Sports is the epicenter of soccer not only here in the Pacific Northwest but nationwide. As not only the home of our Seattle Sounders FC and the Seattle Seawolves we are host to over 42 annual events ranging from the recreational youth players to professional players. Starfire's own tournaments bring over 110 teams in annually from Canada alone while our leagues and youth programs bring hundreds of day visitors to Tukwila every day of the week. 5) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). Starfire offers programs and events for people from all geographical areas with teams traveling from Germany to participate in our youth tournaments, the local community of kids who just want to come down and kick a ball to the professional athletes from National Teams, Major League Soccer and Mayor League Rugby who are here for trainings and games, to the players who participate in any one of our youth or adult programs. 6) Describe the prior success of your ev • nt/activity/facility in attracting tourists Starfire Sports generates over 117,000 unique visitors and about 1,300,000 visits annually. Of these visitors, roughly 7% travel more than 50 miles and stay in the area approximately 2-4 nights at a time. Starfire run tournaments averaged 23% of participating teams traveled more than 50 miles. 7) if this your first time holding the event/activity/facility provide background on why you think it will be successful. No we have been running these events with increased growth due to marketing efforts for over 14 years. 8) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. Starfire will promote our events through email and online marketing/advertising/social media and new partners being formed with surrounding States. Our events will be listed on regional soccer 98 organization websites, including Washington Youth Soccer, BC Soccer, and Washington State Adult Soccer Association. We will also promote through email marketing to the Starfire database and those of local and regional soccer organizations, including statewide organizations and local soccer clubs. Events such as the US Open Cup, Seattle Seawolves matches, Seattle Sounders Women matches and Starfire's own 11 tournaments attracts visitors from all over Washington State as well as Alaska, Oregon, Idaho, Montana, California, Nevada and Canada to name a few. Most visitors, if not all, lodge and shop within approximately a 5 mile radius of Starfire Sports. Starfire works with local business' to help promote their products and services' ensuring the visiting dollar stays within the nearby community. 9) Describe ho you will promote lodging establishments, restaurants, retailers, ntertainment establishments in the City of Tukwila. We partner with the City, SSRTA and local business providing web space, and opportunities for handouts, emails etc. that is distributed to all tournament teams. Yes 10) is the City able to use your di tital and print media for collaborative mark 11) Describe how you will use the name, "Tukwil event? PP ting? publications, promotions, and for your Tukwila will not only be integrated into publications, promotions and the appropriate use of "Tukwila" #hashtags when using social media but also on all tournament branded materials including clothing. In the past this integration has seen the media talk more about Tukwila with regards to soccer, Starfire, the Sounders and now the Seawolves also. 12) Me surements and Metrics (Note: You will be requir cl . se out of the agreement between your organirati • d t report these metrics as part of the n and the City.) As a direct result of yo r proposed tourism -related service, provide an estimate of: a, Overall attendance at your proposed event/activity/facility. 1,300,000 b. Number of people who will travel fewer than 50 miles for your event/activity. c. Number of people who will travel more than 50 miles for your event/activity. d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. 150,000 10,000 23% 99 e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. . Of the people staying overnight, the number of people who 17-1-1 • PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 5,000+/- 4,750+/- 10,000+ 13) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc? Team surveys and SSRTA Event Impact Calculator 14) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? No 15) Are you applying funding from Seattle Southsid what amount? • Regional Tourism Authority (SSRTA)? If so, in Room rebate on actual rooms tracked for Starfire tournaments in Meeting Max and as reported from Hotels. 16) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? Our annual marketing budget is just under $24,000 without the support of LTAC funding that allows us to market to traveling teams, attend team/marketing conferences for tournaments and event recruiting. 17) hat will you cut from your proposal or do differently if full funding for your request is not available or recommended? Outside marketing would be limited to free opportunity's that have had very limited success in the past and travel to team/marketing conferences would not be possible. 100 Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lod:ing Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukvvila, WA 98188 Or, Brandon. Mies@TukwiIawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brancion.MilesPTukwilawa.gov. Updated: January 16, 2019 1 01 102 2019 Starfire Events Event Name Dates Youth/Adult PacNW Winter Classic Jan 11-13 Youth PacNW Winter Classic Jan 18-21 Youth PSPL ID Camp Jan 26-27 Youth Seawolves Rugby 27-Jan Adult WA Youth Founders Cup Feb 2-3 Youth WA Youth Presidents and Champs Cup Feb 8-10 Youth Seawolves Rugby 17-Feb Adult Sounders Mid Winter Break Camp Feb 18-22 Youth Saracens Rugby 23-Feb Adult Seawolves Rugby 24-Feb Adult USA vs Uruguay Rugby 2-Mar Adult USA vs Canada Rugby 8-Mar Adult Seawolves Rugby 10-Mar Adult Saracens Rugby 16-Mar Adult Evergreen Cup March 29-31 Adult Seawolves Rugby 31-Mar Adult PSPL WA Cup Qualifier - HS Girls April 5=7 Youth Sounders Spring Break Camp April 8-12 Youth PSPL WA Cup Qualifier April 12-14 Youth Diego Moreno Fundraiser Event 20-Apr Adult Seawolves Rugby 21-Apr Adult WA Youth Presidents & Champs April 26-28 Youth Special Olympics May?? Youth WA Youth Presidents & Champs Maya-5 Youth WA Youth Presidents & Champs May 10-12 Youth Wa HS Girls Semi Finals 14-May Youth Wa HS Girls Finals 17-May Youth Wa HS Boys Finals 25-May Youth Seawolves Rugby 26-May Adult America Scores Jamboree June?? Youth WA G LAX Jamboree 1-Jun Youth PSPL Coaching Summit 1-Jun Adult Rain City 1-Jun Adult Seawolves Rugby 2-Jun Adult WALAX Summer Solstice June 7-9 Youth Spring Classic June 14-16 Youth Mount Rainier FC (Managed) June 21-23 Youth Sounder Summer Camp June 24-28 Youth 103 Zakuani & Friends 30-Jun Adult COPA Cup July 5-7 Adult PacNW College ID Camp July 8-9 Youth Seattle United (Managed) July 12-14 Youth Sounders FC Cup July 19-21 Youth Barcelona Camp July 22-26 Youth WSASA All Nations Cup July 26-28 Adult Sounder Summer Camp July 29-Aug 2 Youth Seahawks Flag Football Aug?? Youth WSASA All Nations Cup Aug 2-4 Adult Elite 80 LAX Camp Aug 6-8 Youth Eastside FC (Managed) Aug 9-11 Youth Xtreme Cup Aug 16-18 Youth NWAC Friendlies Aug 22-23 Youth Kent City (Managed) Aug 23-25 Youth Sounder Summer Camp Aug 26-30 Youth Labor Day Cup Aug 30-Sept 2 Youth Saracens Rugby 7-Sep Adult Saracens Rugby 14-Sep Adult Seattle Academy Soccer Mania 27-Sep Youth Saracens Rugby 12-Oct Adult Saracens Rugby 19-Oct Adult Adrenaline LAX Oct 26-27 Youth BooFest 27-Oct Youth NWAC Semis and Finals Nov 15-17 Youth PacNW Fall Festival Nov 22-24 Youth Starfire Collegiate Showcase Nov 29-Dec 1 Youth Sounders Winter Break Camp Dec?? Youth Candy Cane Challenge Dec?? Youth Winter Warmer Dec?? Adult Turkey Shoot 1-Dec Youth WALAX Space Needle Shootout Dec 6-8 Youth Wa Youth Soccer Rec Cup Dec 13-15 Youth 104 Allan Ekberg, Mayor Public Works Department- Henry Has , Director INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods Committee FROM: Henry Hash, Public Works Directoru BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: January 25, 2019 SUBJECT: Surface Water Fund Lower Green River Corridor Plan — Flood Hazard Management Plan ISSUE The King County Flood Control District (Flood District) is beginning work on the Lower Green River Corridor Plan and is accepting comments on the scope of the plan and proposed alternatives. BACKGROUND The King County Flood Control District is preparing a Lower Green River Corridor Flood Hazard Management Plan (Plan) for approximately 21 river miles of the lower Green River that flow through unincorporated King County and the cities of Auburn, Kent, and Tukwila. The goal of the Plan is to provide a long-term approach to reduce flood risk and improve fish habitat while supporting the economic prosperity of the region. The Flood District is also preparing a Programmatic Environmental Impact Statement (PEIS), which will analyze alternatives for flood protection that could be included in the plan. The PEIS will evaluate the potential impacts of the projects identified in each proposed alternative. DISCUSSION The Flood District is accepting comments on the Plan and PEIS through January 28, 2019. Staff has reviewed the information provided by the Flood District and is preparing response comments for the Flood District to consider in this effort. Our broad approach to this effort will be to: • Request that all projects throughout the Flood District be prioritized first for life and safety concerns and that environmental benefits should be included in all construction projects to minimize the impact of levees to the natural environment. Request that the Flood District evaluate and quantify their ability to recover Puget Sound Chinook salmon. (See attached draft letter by Puget Sound Salmon Recovery Council) • Request that all future levee projects except for Fort Dent, be constructed to provide a 500-year level of flood protection. • Request that the Fort Dent levee be brought to a 100-year level of flood protection. • Request that the study area be lengthened to include impacts throughout the City and not end at the Black River. • Provide a prioritized list of known Green River flood protection projects throughout the City. This will primarily be made up of known deficiencies along the Tukwila 205 levee with an emphasis on completing these projects first. FISCAL IMPACT None at this time. RECOMMENDATION Information Only. ATTACHMENTS Draft Puget Sound Salmon Recovery Council Letter Lower Green River Corridor — Flood Hazard Management Plan Information. ZACouncil Agenda Items \Public Works Lower Green Corridor Plan\Info Memo Corridor Plan.docx 105 106 King County Flood Control District ATTN: Michelle Clark, SEPAResponsible Official Sl6Third Avenue Room l2OO Seattle, WA 98104 RE: Lower Green River Corridor Flood Hazard Management Plan Draft Programmatic Impact Statement Dear Ms. Clark: Since the 1999 listing of Puget Sound Chinook as a Threatened Species, significant local, state, and federal resources have been invested to avert extinction of Puget Sound Chinook. Afundamental need to recover Chinook throughout Puget Sound is increasing and improving rearing habitat of river systems, The Puget Sound Chinook Salmon Recovery Plan identifies the Lower Green River as a significant bottleneck to recovering Puget Sound Chinook salmon due to substantial reduction of rearing habitat and dramatic decrease inthe survival nfChinook salmon. |tisabsolutely critical toincrease the rearing habitat of the Lower Green River to recover the Green River Chinook salmon population --and recovery ofChinook salmon Puget Sound'wide. Continued decline in the Green River Chinook salmon population is of regional and statewide concern as itsrecoveryisessentia|tode'|istingPuQetSoUnd[hinookasThreatenedond,moreover,avoid|osin8the Southern Resident killer whale population. The three alternatives identified in the November 26, 2018 Draft Programmatic Environmental Impact Statement (DPE|S) scalping notice will not advance Puget Sound Chinook salmon recovery. The Puget Sound Salmon Recovery Council (SRC) requests that the King County Flood Control District evaluate and quantify their ability to recover Puget Sound Chinook salmon by their ability to recover the Green River Chinook population. The SEPAenvironmental evaluation and analysis must identify an alternative for flood management of the Lower Green River that is consistent with the Puget Sound Chinook Salmon Recovery Plan. The Puget Sound region cannot afford losing opportunities to reverse declines of salmon and orca. The SRC strongly believes that a narrow approach to long-term flood risk reduction throughout Puget Sound, without appropriately integrating the needs of Chinook salmon recovery, is a significant step backward. To ensure the value of the millions of dollars that have been invested in Puget Sound to recover Chinook salmon, a multiple -benefit approach to floodplain management is imperative for the Lower Green River. 107 108 KING � � �~���}~4� � �_.�_/K~�NTY /��� /�/��� 8�8�»�/»_/8_/ «.�»�/l�MOL D I S T R l C T Project Description The Lower Green River iasusceptible toflooding and flood damage tha1.effeotspeople and residential, commercial, industrial, and agricultural properties along its banks. The potential impacts and damages ofmajor 0oodingon paop|e, structures, infrastructure, buuineoaeu, and jobs throughout the Lower Green River Valley are substantial. Tbaddress these issues, the hJngCounty Flood Control District is preparing uLower Green River Corridor Flood Hazard Management Plan (Plan) for approximately 21 river miles nfthe Lower Green River that flow through the cities ofAuburn, Kent, Renton, Tukwila, and unincorporated King County. The goal ofthe Plan iatoprovide along -term approach toreduce flood risk and improve fish habitat vvhi|o supporting the economic prosperity ofthe region. See the Study Area map onpage 2. Programmatic Environmental Impact Statement The District isalso preparing aPrognammaUn Environmental Impact Statement (PBS).which will analyze alternatives for flood protection that could be included inthe Plan. The PB8describes potential environmental impacts and measures \oreduce or eliminate them. Because each alternative includes a variety offlood protection projects thatmnakeup a ''pnognonn^ of actions, a PBS in being prepared. The PBSvviU evaluate the potential impacts ofthe projects identified in each alternative. What are the Alternatives? The "No Action Alternative" iarequired 1oobjectively evaluate and compare the other two alternatives. |t vvnu|d include completing existing projects adopted inthe 2O18-23Capital Improvement Program (Reoo|utionRCD2O18'062). ��=The "XYndeneboGaogo�,hhnfx�mtof/ncmaaodLevel �~"offrntoutionA1ten/ative"vvou|dino|udeOnni|oa ofnew levees and improvements to17miles of existing levees. ��"Tho "Greater Geugm�/h/tExtent mi�m Increased Level —"Proteotion, integrated Habitat and Recreation, Agricultural Protection Facilities, and Habitat Restoration Project Partnerships Alternative" isthe same aoAlternative 2 with the addition of1Omiles ufnew levees and 2miles ufnon-structural improvements. Incentives to provide habitat restoration could also boprovided. Each ofthe alternatives includes continued maintenance nfexisting flood facilities. Alternatives 2and 3would also include some drainage improvements toagricultural lands and flood -proofing ofagricultural structures. More detailed descriptions ofthe alternatives can bofound online at: xvvvvx|oxvargnennaopo.onJ. Process The PB8will take about two years to complete. Comment periods during scoping and during review of the Draft PBSwill provide opportunities for the public toprovide input. VER k � E511 'It " 109 s ERAL Lower Green River Corridor Flood Hazard Management Plan and Programmatic Environmental Impact Statement Study Area Study Area • 3o River Mile �. Green River l City Area The scoping comment period is from November 28, 2018, to January 29, 2019. Provide your comments in -person: Sc©ping Meeting Wednesday, January 9, 2019 5:00-5:45 p.m. Open House 5:45-7:30 p.m. Presentation and Public Testimony 7:30-8:00 p.m. ©pen House Green River College Kent Campus 417 Ramsay Way, Room 283 Kent, WA 98032 A Spanish interpreter will be available at the meeting. Habra un inferprete de espaiiol disponible en la reunion. If you would like to request an interpreter for another language, please call 206-775-8778. Please send your written comments to: EMAIL: Iowergreensepa@kingcounty.gov MAIL: King County Flood Control District Attn: Michelle Clark, SEPA Responsible Official 516 Third Avenue, Room 1200 Seattle, WA 98104 Learn more about the PEIS, and the alternatives being studied at vvww.Iowergreensepa.org or by calling 206-263-0602. This document has been provided in English and Spanish. Este documento se facilifo en ingles y en espaiol. If you require a translation in a different language, please call 206-775-8778. �34 0 1 2 Miles � i l September 2018 KING COUNTY FLOOD CONTROL DI SIR ICI The used Tie kiteis thin map is su*ct ,ha tons and amuaa land at wuw.tri avycareserviaagsSkys eansotusa.aspc Your access and use is cmlYxM co your acceptance cd Anse torts and c nanny Caw K v Coyly GIS F. 101:6_4Ziduynon_c2f_._ 110 KING COUNTY Lower Gree fiver FLOOD CONTROL DISTRICT Corridor Scoping Meeting GRPE 01 IRO 45, A 1V Ac tar Aberna ivesi In1,[oybdio litres * vyp* At•liiii4 6 Type Sf aIltyl° 5 •'I Type G iieilib 0.8 l\bsAclon Aferr atb re d any Ty•e,D lac Pt lire e xeative No Action ' Auburn Exhibit 1 Lower Green River Corridor Plan Alternative Framework Draft 101012018 Alternative 1: No Action Maintain Existing Levees and Revetments, Construct 2018-2023 Capital Improvement Program (CIP). Projects with Increased LOP* include Lower Russell, Breda and Gaco-Mitchell. Proposed Flood Facilities with Increased LOP* of 18,800 cfs plus 3' freeboard Flood Facility Type: Type A: Most constrained, riverward embankment side slope of 2.5 to 1 or less; footprint of 100 feet or less Type B: Somewhat flatter stable riverward embankment side slope of 2.5 to 1 or more; footprint of 100 to 150 feet Type C: Levee setback; footprint of 150 feet or more �rrl Type D: Physical non-structural Existing Conditions and Facilities: ,., 2018.2023 Capital Improvement Program (CIP) Construction F-'• PL 84-99 Levee Systems (approx. 17 miles) Other Levees and Revetments (approx. 11 miles) Existing Private Levee Shoreline with No Facilities (approx. 14 miles) Green River Mainstem (42 shoreline miles) `C7 , River Miles (RM) Cities Note: The PL 84-99 levees have an existing LOP' of 12,000 cfs plus variable freeboard. A 0 0.5 r 2 uno ` Level of Protection (LOP) is defined as the amount of flow expressed as cubic feet per second (cfs) plus freeboard that the flood facility is designed to contain. Assignment of facility type along the shoreline is based on a planning level assessment. Facility type designation is not Intended to represent levee alignments nor does it account for feasibility design considerations such as transitions between project types, ties Into high ground and discrete locations where adjustments would be made to avoid utilities and Infrastructure. am fee '�t J a Sh, a pied C11$ 202$ GD avi -b32)R (nol(dn l itedth S)MF ital ')a sh e Mw(de if1c( as°e)h)(tb vk I aP fPfl top y proxl(taf,2 IhitrnkV fadl(Itiey w(IliS 4 100 year•Ley ( of P1o;8otloP (8,8ga etslplug 3 ontin146 maipkdifpfNr nP e>�s irl9 l pit$ s"of;, (Three alternatives are being studied) 111 KI\G COUNTY Lower Green Rave FLOOD CONTROL DISTR. ICT Corridor Scoping eeting ALernatve 2 Moderate Geographic Extent of Increased Level of Protection Alternative 2includes,construction of oHo lengths of new or improved tactiliies " 'r Type A facility 1017 mites (50Y Type B facility: A 68 miles (23%j • Ype C facility 5,41 miles (27%) 1 e° Alternative 2 would not include anv Type D projects except where needed to Maintaik current level of protection Kent King County cntrol Distil Exhibit 2 Lower Green River Corridor Plan Alternative Framework Draft 10/8/2018 Alternative 2 Moderate Geographic Extent of Increased LOP* Proposed Flood Facilities with increased LOP' of 18,800 cfs plus 3' freeboard Flood Facility Type: Type A: Most constrained, riverward embankment side slope of 2,510 1 or less; footprint of 100 feet or less Type B: Somewhat flatter stable riverward embankment . f side slope of 2.5 to 1 or more; footprint of 100 to 150 feet Type C: Levee setback; footprint of 150 feet or more Type D: Physical non-structural Existing Conditions and Facilities: Other Levees and Revetments (approx. 11 miles) Existing Private Levee reen River Mainslem (42 shoreline miles) River Miles (RM) Cities Note: The PL 84-99 levees have an existing LOP* of 12,000 cfs plus variable freeboard. U e 5,5 2 A 5500s * Level of Protection (LOP) is defined as the amount of flow expressed as cubic feet per second (cfs) plus freeboard that the flood facility is designed to contain. Assignment of facility type along the shoreline is based on a planning level assessment. Facility typo designation is not intended to represent levee alignments nor does It account for feasibility design considerations such as transitions between project types, ties into high ground and discrete locations where adjustments would be made to avoid utilities and infrastructure. (F CjPs",nply�t a spin 14 Aotlorl,; curYettly 4jnfttdeit d of�e isti l e an areve(rne! (Three alternatives are being studied) 112 KING COUNTY Lower Green River FLOOD CONTROL DISTRICT Corridor Scoping Meeting FLOOD�AZARD MAU4GEMEFfl1PLANATIC ENVIRONIVIE A naive 3 Greater Geographic Extent with Increased Level of Protection, Integrated Habitat and Recreation, Agricultural Protection Facilities, and Habitat Restoration Project Partnerships '16'llernativo Includ engths of new or irser?0°Pstructi°11 of fa • TYPe A facility: 15 43 miles‘I 'ed • Type B faciitty, 5.39 , miles (I7i>s) • Type c facUity • 88 nilleS P996) Type 1 91 miles (65,6) Exhibit 3 Lower Green River Corridor Plan Alternative Framework Draft 10/8/2018 Alternative 3 Greater Geographic Extent with Increased LOTP". Integrated Habitat and Recreation. Agricultural Protection Facilities and Habitat Restoration Project Partnerships. Includes Alternative #2 plus additional areas on both the right and left bank. Proposed Flood Facilities with Increased LOP* of 18,800 cfs plus 3freeboard Flood Facility Type: Type A: Most constrained, riverward embankment side ; slope of 2.5 to 1 or less; footprint 01100 feet or less Type 8: Somewhat flatter stable riverward embankment side slope of 2.5 to 1 or more; footprint of 100 to 150 feet Type C: Levee setback; footprint of 150 feet or more Type D: Physical non-structural Existing Conditions and Facilities: Other Levees and Revetments (approx. 11 miles) Existing Private Levee Green River Mainstem (42 shoreline miles) 1.0 River Miles (RM) IL.711 Cities Note: The PL 84-99 levees have an existing LOP* of 12,000 cfs plus variable freeboard. N 0 0.5 2 Wes A • Level of Protection (LOP) is defined as the amount billow expressed as cubic feet per second (cfs) plus freeboard that the flood facility is designed to contain. Assignment of facility type along the shoreline is based on a planning level assessment. Facility type designation is not intended to represent levee alignments nor does it account for feasibility design considerations such as transitions between project types, ties into high ground and discrete locations where adjustments would be made to avoid utilities and infrastructure. )!.4,f0i.aiA ,,,i ,,!TI.P!`,.0V0;iii6.iii'ts,:d0,'..i1,,'....,„:" ,,„:,,...,,',.,,,,"..: ,,':':!' f:01(.;,0iii4.' PP .1.,i:#:.,',0,1:4.4.6if.'!",k6i;4'iiiii'''767."11?ec•I?I'Y- .. •,,.)i,'..,J".'-',,,.,::,!::,..!',... .,,P.,...'''',7..,:;',,,'.2.:,:,...*,,,,,: ,,, .$r,!t...0I!,!.;) ,,Ili ..iiii,ii4,„gWY:.,..:,,".',.!,,,.,,,,,,,,:,....:,,,,,,.,,,',,',,,,,!,,:‘,.,., •fo.Peerelitib•-',.,,., :-.'.,,,,,V,,1)...,!!".9.t.fe.itiPiefer'e1,....i,'":':H.''. .:::::H..'„:;.:.!',::! l'.71 rffY',:ifOoefii;V:!,:r ,::. !:,i,u PIMOIII,I0 .6i':':O Pro... ..',:':':' n u"P• art50. iii' T,:g.''',,,,:.:,,s4Pd..4.6 h u00,111g34:4,eiii. :,,R,:,.,.!,...:::',.;,,,,,..,,,i,,', .i,.:,. ,,..,..... tP.''''," '610:8IIIII;,..!!IIII,I'..41:41. raoiyiii,....„,„,,,,:.,...,.,.. (Three alternatives are being studied) 113 KING COUNTY FLOOD CONTROL moz�* mm nxomw Lower Green River Corridor Flood Hazard Management Plan Programmatic Environmental Impact Statement ScopiDg Comment Form Submit acomment onthe PE8byfilling out this form and leaving itinthe comment box attoday's meeting orbymailing ittothe following address byJanuary 29,2Q1!: King County Flood Control District Attn: Michelle Clark, SEPAResponsible Official S16Third Avenue Room22OO Seattle, VVAQ82O4 YoucanaboemaUcommentstnLnxverGreen5EpA@oWngcountY.gov orsubmit them online at Nome: Email Address; Comment: (please feel free to use the back of this form if you need more space) 114 KING COUNTY FLOOD CONTROL DISTRICT 510 Third Avrimr.1Zoon) 1201). Sermle, IVA 08101- 206.226.1020 inlbili:kingeotint11006:0111101.,mg Ivwsv.kingeounqiloodroult.01.nm 115 116 8/30/2018 Flood Facility Project Type A • Riverward side slope < 2.5:1 • Footprint 100' or less 15TYPICAL OH OHVV= ordinary high water Exposed Flood Wall 3TYPAL Typical Levee '1044,,":Mtp,w' tiyamlow " *M. Typical Floodwall Not to Scale Illustrative Only 8/30/2018 Flood Facility Project Type B • Riverward side slope >2.5:1 • Footprint 100'-150' OHW Green River OHW= ordinary high water OHW Graett River 15" —Exposed Flood Wal AS ACCESS VARIES, TYPICALLY 100 - 120' ..A-xxxlieetor- Typical Floodwall IC 16' - 20' -ex TYPICAL 2,72=0,1 15ACCESS JJ Typical Levee VARIES, TYPICALLY 120' - 1507 Not to Scale Illustrative Only 4/23/2018 Flood Facility Project Type C Riverward side slope 3:1 Footprint 150' or more SETBACK LEVEE 150'4. OHW= ordinary high water Typical Levee Not to Scale Illustrative Only 4/23/2018 Flood Facility Project Type D • Physical Non -Structural :V OHW Green Riwr Example of farm pad and drainage provemen OHW Green River OHW= ordinary high water d 01- Up to 3' f+e* c.14 testimm...* 160 (other potential measures include wet flood proofing, berms or ring levees) Not to Scale Illustrative Only Allan Ekberg, Mayor Public Works Department - Henry Hash, Director INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods Committee FROM: Henry Hash, Public Works Director BY: Ryan Larson, Senior Program Manager CC: Mayor Ekberg DATE: January 25, 2019 SUBJECT: Surface Water Fund - Tukwila 205 Levee Certification Project No. 91341203, Contract No. 14.164 Phase II - Draft Report ISSUE Provide an update on the Tukwila 205 Levee Certification effort and the Phase 2 draft report. BACKGROUND The Tukwila 205 Levee is located on the left bank of the Green River between S 196th St and 1-405 and provides flood protection to the Tukwila Urban Center. The Corps of Engineers (Corps) notified the City that due to a change in their policy, they would no longer provide levee certification for this or any federal levee. Levee certification expired in August 2013. The City hired NHC to perform the first phase of the levee certification effort that included an engineering analysis in accordance with FEMA requirements. This analysis looked at the entire levee system to determine which segments did not meet FEMA requirements. The results of the Phase I study revealed that the levee does not meet minimum free board requirements in 14 segments and that embankment, foundation, and stability issues are present. Phase II of this certification effort is near completion and looked at each of the deficient areas identified in Phase 1, collected additional site information, developed alternatives for correcting the deficiencies, and developed costs estimates. DISCUSSION The Phase 2 report identified ten separate segments totaling 17,900 feet of levee or approximately 75% of the total length that do not meet federal requirements for levee safety. These segments have been identified as needing large scale improvements to primarily address steep slopes and foundation issues. To address steep slopes, levee setbacks that require additional levee easements or the use of floodwalls are required. NHC has provided conceptual designs for levee repairs. All proposed designs are only to bring the levee to a 100-year level of protection to allow the levee to be certified. It is recommended that all future levee projects be constructed to the 500-year level of protection given the nature of the area being protected. FISCAL IMPACT Final cost estimates are still being developed, but the total cost to correct all deficiencies are anticipated to exceed $100M. Staff is working with the Flood District to add these projects to the Flood District's Capital Improvement list so that they can be prioritized with the other needed projects throughout King County. RECOMMENDATION Informational item only. ATTACHMENTS • Tukwila Levee Accreditation, Phase 2 Levee Segment Assessment ZACouncil Agenda Items \ Public Works\Tukwila 205 Certification Study \Info Memo Phase II 205 Certification Study Update.docx 121 122 TUKWILA LEVEE ACCREDITATION PHASE 2 - LEVEE SEGMENT ASSESSMENT AND PROPOSED SEQUENCING FOR LARGE SCALE IMPROVEMENTS INTERIM REPORT Prepared for: City of Tukwila Public Works Tukwila, WA Prepared by: Northwest Hydraulic Consultants Inc. Tukwila, WA October 17, 2018 NHC Ref. No. 2000098 123 DISCLAIMER This document has been prepared by Northwest Hydraulic Consultants Inc. in accordance with generally accepted engineering practices and is intended for the exclusive use and benefit of City of Tukwila and their authorized representatives for specific application to the Tukwila 205-Green River Levee Accreditation in Tukwila, WA, USA. The contents of this document are not to be relied upon or used, in whole or in part, by or for the benefit of others without specific written authorization from Northwest Hydraulic Consultants Inc. No other warranty, expressed or implied, is made. Northwest Hydraulic Consultants Inc. and its officers, directors, employees, and agents assume no responsibility for the reliance upon this document or any of its contents by any parties other than City of Tukwila. 124 Northwest Hydraulic Consultants Inc., and their subconsultants Wood (formerly Amec Foster Wheeler Environment & Infrastructure, Inc.) and KPG, are providing professional engineering services to evaluate and certify the Tukwila 205 Levee in accordance with Federal Emergency Management Agency (FEMA) requirements. The 4.5-mile long levee is located on the left bank of the Green River between Interstate- 405 and South 196th Street. This report documents Phase 2, the— Alternatives Analysis for Large Scale Improvements of the project. The purpose of the prior Phase 1 was to evaluate the levee condition relative to Code of Federal Regulations Title 44, Chapter I, Subchapter B, Part 65, Section 10 criteria on a project reach scale, determine if the levee could be certified in the existing condition and, when not, identify the deficiencies in meeting the criteria. Tabulated below are the findings for each criteria evaluated. Criteria Freeboard of levee are below minimum elevation, but typically Phase Evaluation Less than 2000 only on the order Results feet total of inches. Closures No flood closures in the system to certify. Embankment Protection Existing rock and vegetated banks are sufficient to certify that there will be no appreciable anticipated erosion of the levee banks during the 100-year flood. Embankment and Foundation Stability Steep slopes significantly limit levee certification and the addition of predicted scour increases failure risk. Settling No significant levee settlement issues that will negatively impact freeboard. Interior Drainage Little significant interior flooding landward of the levee for the simulated 100- year condition. The Phase 1 general reach analysis found that steep levee side slopes result in significant lengths of levee failing to meet the required factor of safety for several geotechnical criteria. Including estimated river channel scour further decreases the factors of safety. A review of historic records shows the levee was purposely constructed at these steep slopes; however, those designs do not now pass the required design criteria. FEMA requires that levees be certified in their entirety — no segmentation of a contiguous levee system is allowed - so the levee cannot be accredited in its current condition. The Phase 2 approach has taken a more detailed look at site specific information, including additional geotechnical work, to investigate if more accurate data and refined methods may result in segments of levee meeting certification criteria. Work has included dividing the levee reach into segments that can and can't be accredited. Detailed work during Phase 2 of the project has shown that roughly 20% of the levee can be certified in its existing condition. For those segments of the levee that could not be certified in the current state, Phase 2 has considered large scale improvement options for certifying Tukwila Levee Accreditation Phase 2 — Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 125 levee segments, developed conceptual level plans and initial cost estimates, and proposed a prioritization for constructing large scale improvements. Once Phase 2 is finalized, the construction repair for each deficient segment of the levee will then move into final design, permitting, and construction in Phase 3. Phase 4 will provide the documentation necessary to certify the Tukwila 205 Levee. Tabulated below are a description of the levee segments, which of these segments are anticipated to be certified in their existing condition, and for the remaining levee segments, proposed sequencing for large scale improvements to obtain levee accreditation. Levee Segment (feet) Length of Construction Improvements Certification Proposed for Anticipated Stationing Certifiable Total Length (feet) 0 Levee Segment (feet) i4s cot;;r7. �`rirf�'a, s,yrl � t%}�� ttrji Beginning 0 Ending 600 Description of Land Features Sequencing N/A Approximately Paralleling Segment 66th Avenue S. approach road, I-405, and tie in to high topographic ground 600 1600 68LII Avenue S./Christensen Road. 41\bt �4 � ,'r��z `�,�z � r Low 700 1600 2100 Wide left (south side of river) overbank downstream of the pedestrian/bicycle bridge. N/A N/A 0 2100 3200 Riverview Plaza Business Park. 0 3200 3500 Bicentennial Park. �1(�s���'{��rrl� t,ft� ci 1tZ f N/A 0 3500 5300 Business parks and related parking from upstream of Strander Boulevard to just beyond railroad bridge crossing jat� t`���s�'��F'�� V lyf:�J ta�jtt��li','•rx z �, N/A 0 5300 6500 Business parks and related parking along Christensen Road capital project in the Green River SWIF. 0 High 1200 6500 7700 Tukwila Pump Station. N/A 0 7700 10150 Sperry Drive and parking lots near Costco and Home Depot. 0 :` lldu 240 10150 10250 S 180th Street crossing. _��' � ` ` ``3j r}`t��, N/A 0 10250 12200 From S 180th bridge crossing upstream including Lily Point and the Ratolo Levee Green River SWIF project area. 0 High 1950 12200 13200 Outside of bend along S 180th. 0 11 edium 000 Tukwila Levee Accreditation Phase 2 — Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 2 126 Levee Segment Stationing (feet) Description of Land Features Beginning Ending Approximately Paralleling Segment 13200 14300 15900 18500 22750 14300 15900 18500 22750 23800 Business parks and associated parking upstream of S 180th. Area of 2008 Corps levee repair. Business parks and associated parking upstream of 2008 Corps levee repair. Corps' Gaco-Mitchell Levee being designed. Segale property. Cross -levee. Length of Anticipated Certifiable Levee Segment Proposed Total Length (feet) Sequencing (feet) 0 0 0 0 Construction Improvements for Certification N/A Very High Low 0 2600 4250 1050 Total Length: 5900 17900 Tukwila Levee Accreditation Phase 2 — Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 127 L 1 INTRODUCTION 6 2 BACKGROUND 6 3 PURPOSE 8 4 SITE SPECIFIC ENGINEERING ANALYSES 8 4.1 Levee Accreditation 11 5 ALTERNATIVES ANALYSIS — LARGE SCALE PROJECTS 19 5.1 Construction Fixes 19 6 PROPOSED PRIORITIZATION 34 7 PHASE 3 PREVIEW 35 8 REFERENCES 35 APPENDIX A Concept Designs Tukwila Levee Accreditation Phase 2 — Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 4 128 LI L Table 1. Tukwila 205 Levee Segments. 10 Table 2. Code of Federal Regulations levee certification criteria and Phase 1 assessment 11 Table 3. Summary by cross-section of additional Phase 2 geotechnical slope stability assessments. 18 Table 4. Planning level cost estimate for final design and construction of levee certification improvements 20 Table 5. Summary by cross-section of Phase 1 geotechnical slope stability assessments 21 Table 6. Proposed improvement prioritization based on risk and opportunity 34 LI Figure 1. Project Location 7 Figure 2. Levee Condition 9 Figure 3. Tukwila Levee segment where stationing 0 to 600 can be certified as is. 12 Figure 4. Tukwila Levee segment 600 through 1600 where existing portion 600 through 900 can be certified 13 Figure 5. Tukwila Levee segment where stationing 1600 through 2100 can be certified. 14 Figure 6. Tukwila Levee segment where stationing 3200 through 3500 can be certified. 14 Figure 7. Tukwila Levee segment where existing section 3500 to 5300 can be certified. 15 Figure 8. Tukwila Levee segment where existing section 6500 to 7700 can be certified. 16 Figure 9. Tukwila Levee segment where existing section 13200 to 14300 can be certified. 17 Figure 10. Tukwila Levee segment 600 through 1600 where existing portion 900 through 1600 can't be certified 22 Figure 11. Tukwila Levee segment 2100 through 3200 that can't be certified in its existing condition23 Figure 12. Tukwila Levee segment 5300 through 6500 that can't be certified in its existing condition24 Figure 13. Tukwila Levee segment 7700 through 10150 that can't be certified in its existing condition25 Figure 14. Tukwila Levee segment 10250 through 12200 that can't be certified in its existing condition. 26 Figure 15. Tukwila Levee segment 12200 through 13200 that can't be certified in its existing condition. 27 Figure 16. Tukwila Levee segment 14300 through 15900 that can't be certified in its existing condition. 28 Figure 17. Tukwila Levee segment 15900 through 18500 that can't be certified in its existing condition. 29 Figure 18. Tukwila Levee segment 18500 through 22750 (downstream portion) that can't be certified in its existing condition 31 Figure 19. Tukwila Levee segment 18500 through 22750 (upstream portion) that can't be certified in its existing condition 32 Figure 20. Tukwila Levee segment 22750 through 23800 that can't be certified in its existing condition. 33 Tukwila Levee Accreditation Phase 2 — Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 5 129 1 The City of Tukwila (City) Department of Public Works has selected an engineering consultant team led by Northwest Hydraulic Consultants Inc. (NHC) to evaluate the Tukwila 205 Levee in accordance with the Federal Emergency Management Agency (FEMA) levee accreditation requirements described in Code of Federal Regulations Title 44, Chapter I, Subchapter B, Part 65, Section 10 (44 CFR Section 65.10). NHC is the prime consultant for this project and is responsible for analyzing hydraulic aspects of the project including freeboard, embankment protection, scour potential, and interior drainage, as well as project management. The team subconsultants are Wood Group (Wood) responsible for geotechnical analyses of the levee, and KPG, responsible for general civil including surveying services. Wood staff on the first phase of this project were then working under the company name of Amec Foster Wheeler Environment & Infrastructure, Inc. (Amec). 2 The Green River flows from the Cascade Mountains generally westward until the city of Auburn, and then northward to Elliott Bay in Seattle, WA, passing through the cities of Kent, Tukwila, and then Seattle. The Tukwila 205 Levee is located on the left bank (looking downstream) of the Green River within the City of Tukwila, WA. The 4.5-mile long levee extends from 1-405 upstream past bridge crossings at Strander Boulevard and South 18Oth Street to a cut-off segment that extends to the west valley wall just downstream of the South 200th Street bridge. Figure 1 shows an overview of the overall Green River system downstream of Howard Hanson Dam, operated by the U.S. Army Corps of Engineers (USACE), and the Tukwila 205 Levee project area. Portions of the Tukwila Levee were first constructed to limit Green River flooding of agricultural farmlands (a general chronology of levee construction and repairs can be found in Amec, 2015). After construction of the Howard Hanson Dam in the 196Os, the USACE controlled releases above the 2-year level (50% annual exceedance probability, approximately 9,200 cfs) by detaining flood waters within the Howard Hanson reservoir and releasing them over a period of days to weeks (NHC, 2007). The United States Geological Survey (USGS) stream gage at Auburn is used by the USACE for its regulation targeting. The dam initiated a development boom in the Green River valley, with extensive levee and revetment improvements constructed during the 1960s. Tukwila 205 Levee was initially certified by USACE as providing protection up to the 100-year event. The USACE has since generally discontinued their levee certification services, so levees must be re -certified by others to remain recognized by FEMA as providing flood protection. The City was notified by FEMA of the need for re -certification on July 10, 2012. Tukwila Levee Accreditation Phase 2 — Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 6 130 urien` a Legend Auburn Flow Gage Howard Hanson Dam Tukwila 205 Levee Green River City Boundaries Bellevue; Newcastle -=<n° vington Samr a ish an r' Fl7P4r #7 City of Tukwila northwest hydraulic consultants SCALE- 1:150,000 0 1 2 3 Miles Coordinate System: NAD 1983 STATEPLANE WASHINGTON NORTH FIPS 4601 FEET Job: 2000098 Date: 08-Aug-2015 TUKWILA LEVEE ACCREDITATION SITE OVERVIEW Figure 1. Project Location ti 3 The ultimate purpose of the project is to certify the Tukwila 205 Levee to FEMA standards. As work was started on the project, it became clear that much of the levee system could not be certified under current design standards. Due to the costs and complexity of reconstructing thousands of feet of levee in an urban area, the project was broken into phases. Phase 1, "Engineering Analyses and Improvement Identification" (NHC, 2015), work included data collection, performing engineering analyses required under 44 CFR 65.10, and identifying levee deficiencies that must be addressed for accreditation. That work documented the hydrologic, hydraulic, and geotechnical engineering conducted to evaluate whether the existing levee satisfies FEMA's accreditation requirements, and where and what deficiencies were found. One of the most significant findings from that work was that steep bank slopes throughout the reach prevent the ability to certify the levee as -is. As such, Phase 2 work, "Alternatives Analysis for Large Scale Improvements", documented in this report, had two main tasks. The first was to perform more detailed, site specific assessments at locations where the existing levee might be certified. This included discretizing the project reach based on common characteristics. This initial Phase 2 task looks at a finer scale with more site specific analyses, versus the generalized reach wide Phase 1 approach. The second task of Phase 2 evaluates alternative options, develops conceptual level construction plans, and proposes a prioritization for those segments of the Tukwila Levee that must be modified to meet certification standards. Phase 3 will take concepts through final design for the Phase 2 construction improvements, including providing permitting and construction support. Phase 4, once all deficiencies have been addressed, would then provide the documentation necessary to certify the Tukwila Levee, including developing an Operations and Maintenance Manual, of which the basis will be the existing USACE approved manual, but also will adopt other recent policies and procedures, if appropriate, such as those from King County's ongoing System -Wide Improvement Framework (SWIF) assessment for the Green River. Once Phase 2 is completed, the specific tasks to be completed in Phases 3 through 4 can be refined and a cost estimate prepared to complete the work. 4 T ' I The project reach was discretized based on common physical characteristics and relative complexity of levee reconstruction alternatives needed to achieve certification (Figure 2) and then detailed analysis conducted to determine if existing levee conditions for each segment could be certified to provide flood protection. Table 1 provides a brief description of the individual segments. To try and provide more detailed site information and maximize the levee lengths that could be certified, Wood collected additional soil characteristics through cone penetration test (CPT) probes (Wood, 2018) and additional bathymetric data were surveyed for the entire study reach. Tukwila Levee Accreditation Phase 2 — Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 8 132 nhc northwest hydraulic consultants Legend • River Mile X Levee Stationing - 1000ft Levee Stationing - 100ft Levee Condition Improvement Needed Certifiable DATA SOURCES: ESRI 8asemap Imagery 2017 Coordinate System* NAD 1983 HARN STATEPLANE WASHINGTON NORTH FIPS 4601 FEET Job.2000098 Date, 10-Oct-2018 TUKWILA LEVEE ACCREDITATION Figure 2. Levee Condition Table 1. Tukwila 205 Levee Segments. Beginning Station (feet) Ending Station (feet) 600 Description of Land Features Approximately Paralleling Segment 0 High topographic section north of 1-405, 1-405, and 66th Avenue S. approach road. 600 1600 68th Avenue S./Christensen Road. 1600 2100 Section of undeveloped wide left (south side of river) overbank downstream of the pedestrian/bicycle bridge. 2100 3200 Riverview Plaza Business Park including a 200' long parking lot section. 3200 3500 Bicentennial Park. 3500 3600 Strander Boulevard 3600 5300 Business parks and related parking from upstream of Strander Boulevard to just beyond railroad bridge crossing. 5300 6500 Business parks and related parking along outside river bend. Referred to as Christensen Road capital project in the Green River SWIF. 6500 7700 Tukwila Pump Station. 7700 10150 Sperry Drive including Costco and Home Depot parking lots. 10150 10250 S 180th Street crossing. 10250 12200 From S 180th bridge crossing upstream. Includes Lily Point and the Ratolo Levee CIP project area discussed in the Green River SWIF. 12200 13200 Outside of bend along S 180th. 13200 14300 Business parks and associated parking upstream of S 180th and through the area of the 2008 Corps levee repair. 14300 15900 Business parks and associated parking upstream of the 2008 Corps levee repair 15900 18500 Corps Gaco-Mitchell Levee Design Site including outside bend. Referred to as the Segale-Green and Gaco-Western project area in the Green River SWIF. 18500 22750 Segale property. 22750 23800 Cross -levee. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 10 134 4.1 Levee itation There are several components to accredit a levee following the Code of Federal Regulations Title 44, Chapter!, Subchapter B, Part 65, Section 10 criteria. Phase 1 of this project evaluated the levee on a reach scale and of these criteria (Table 2), embankment and foundation stability were found to be the most limiting factor, with much of the levee failing to meet these criteria. Table 2. Code of Federal Regulations levee certification criteria and Phase 1 assessment. Criteria Freeboard : Phase . Evaluaon esu is Less than 2000 feet total of levee are below minimum elevation, but typically only on the order of inches. Closures No flood closures in the system to certify. Embankment Protection Existing rock and vegetated banks are sufficient to certify that there will be no appreciable anticipated erosion of the levee banks during the 100-year flood. Embankment and Foundation Stability Steep slopes significantly limit levee certification and the addition of predicted scour increases failure risk. Settling No significant levee settlement issues that will negatively impact freeboard. Interior Drainage Little significant interior flooding landward of the levee for the simulated 100- year condition. Work as part of Phase 2 took a more detailed look at site specific information to determine if more accurate data collected and refined methods could result in segments of levee meeting certification criteria. Based on this work, of the 4.5 miles of levee, it's anticipated that approximately 20% of the levee can be certified in its existing condition. This includes segments that have stable slopes when accounting for potential scour, segments that fail levee stability criteria, but that when under the most likely failed scenario have at least 11 feet of remaining levee width at or above the Base Flood Elevation (BFE), as well as the three bridge crossings where as -built drawings and other documentation is assumed to be sufficient to support certification. ■ Levee stationing 0 to 600. This segment includes the 66th Avenue S approach road to the bridge crossing 1-405, 1-405, and ground to the north of 1-405 (Figure 3). For this segment, should the levee fail, there is sufficient width of ground landward, that is at or above the BFE (27'), to provide flood protection. ■ Levee stationing 600 to 900. 68th Avenue S./Christensen Road (Figure 4). Approximately 300 feet of this segment could be certified. Simulated geotechnical failures would leave 11' or more of existing ground (at 30') at or above the BFE (27'). ■ Levee stationing 1600 to 2100. The levee is approximately 100 feet or more away from the channel edge behind a forested floodplain bench (Figure 4), and further than any potential point of slope failure. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 11 135 • Levee stationing 3200 to 3500. Bicentennial Park (Figure 6). Slope failure may reach landward of the levee; however, the ground elevation (28') is still greater than the BFE (27.7'). ■ Levee stationing 3500 to 5300. Strander Boulevard and upstream section through the business parks and related parking have stable slopes (Figure 7). ■ Levee stationing 6500 to 7700. Portions of the levee along the Tukwila Pump Station and a portion of the business park downstream of the pump station (Figure 8) have stable slopes. ■ Levee stationing 10150 to 10250. It's assumed sufficient documentation exists to certify this approximate 100' long existing S 180th Street bridge crossing section. ■ Levee stationing 13200 to 14300. Business parks and associated parking (Figure 9) along the Corps 2008 levee repair have stable bank slopes. Results of the geotechnical slope stability analysis for additional cross -sections evaluated in Phase 2 are presented in Table 3. In order to be certified on the embankment and foundation criteria, the representative cross-section for the levee segment must have a computed factor of safety greater than a USACE minimum value for all cases (e.g. evaluations at river miles 13.055, 13.11 and 13.219 define stable slopes for levee segment 3600 to 5300, evaluations at river miles 13.624 and 13.892 define stable slopes for levee segment 6500 to 7700, and the evaluation at river mile 14.934 defines stable slopes for levee segment 13200 to 14300). Improvement Needed Certifiable 0 50 100 200 Feet Figure 3. Tukwila Levee segment where stationing 0 to 600 can be certified as is. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 12 136 nhc � Levee Condition 11 , Improvement Needed Figure4. Tukwila Levee segment 600 through 16Q0where existing portion 60Qthrough 900can be Tukwi|aLevee Accreditation Phase 2 Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report 13 137 nhc 12.7i:�:; i,� Levee Condition Improvement Needed Figure5. Tukwila Levee segment where stationing 1G08through 21QOcan becertified. Levee Condition Improvement Neede Figure6. Tukwila Levee segment where stationing 32UQthrough 3GDOcan becertified. Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report 14 138 nhc Levee Condition Improvement Needed Figure7. Tukwila Levee segment where existing section 3500 to 5300 can be certified. Tukwi|aLevee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'2Vl8Interim Report 15 139 nhc 1 44; ti 4'4 MINKLER BLVD it t2ia'alitieraCri Legend • River Mile X Levee Stationing Levee Condition Improvement Needed Certifiable 0 50 100 200 Feet f! , 'tvws,klyglat VI,114:045,54 Figure 8. Tukwila Levee segment where existing section 6500 to 7700 can be certified. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 16 140 nhc Figure 8.Tukwila Levee segment where existing section13200 to 14300 can be certified. Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report 17 141 Table 3' Summary hVcross-section ofadditional Phase 2 gemtachnica|slope stability assessments. Location Evaluated (River K8||e) Case|-Endof Construction (Existing Conditions) Case ||-Rapid Dnswdown CaseU|- Steady State Seepage Case N- Earthquake Post ECLkh=O liquefied Case N' Earthquake kh=0.1O8 non -liquefied Case N- Earthquake kh@kyield Case IV Earthquake - Approximate deformation 12.412 1.27 0.14 <1 inch 13D55 0.57 0.84 0.19 0.18 <1|nch <linch 13.11 13.219 U.S 0.11 ~1inch 136243 0.73 0.2 <1inch 13.8235 0.72"We 0.24 <1inch 13.892 1.08 0.53 0.9 142042 0.38 0.11 ~1inch 14.534 02 <linch I4�934 0.24 <1inch 15�I 0.11 ~1 inch �01152993 0.15 <1inchIN U3ACE minimum Factor of 1.3 1 1.4 1.2 1 kh= hyie|d = Meets USACELevee Design Manual minimum factor ofsafety (FS) Does not meet USACEminimum PSincurrent configuration. Meets USACEminimum F3but does not meet King County minimum F3(~1.4) Does not meet minimum USACE minimum FS, but predicted deformation is minor, therefore acceptable. lateral earthquake design load (0.10g was considered the 100-year earthquake) lateral earthquake load that produces anon-liquefied F3~1.0 Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report 10 142 5 L L L J Potential alternative construction fixes that will lead to the levee being certified were identified for each levee segment that could not currently be certified. For each levee section characterized, alternatives were evaluated and were discussed with the City during an in -person meeting on September 6, 2018. 5.1 Construction Fixes Alternative construction fixes were considered for the segments that were deemed non -certifiable in their existing condition. One or more of three alternatives were considered; re -grading and flattening the levee, raising and widening the levee, and installing a floodwall. Concept designs for three alternatives are provided in Appendix A. Cost estimates to design and construct the alternatives are provided in Table 4. These are initial, planning level estimates that were determined in conjunction with KPG and are based on implementing typical sections over a 1,000-foot stream reach to develop a construction cost per linear foot. This approach assumes consistent grading quantities throughout the reach; however, this could vary significantly along any reach and should be refined as design details evolve for specific levee segments. Costs assume right of way is purchased for the levee setback and widening alternatives, but not for floodwalls. Design, permitting, and construction management were estimated at 40% of the construction cost in anticipation of a fairly extensive permit process. Table 5 shows the results of the various geotechnical slope stability assessments from the initial Phase 1 reach assessment. These evaluations were made at various river cross -sections along the Tukwila 205 Levee, and a representative location was chosen when assessing each levee segment. Yellow shading in this table indicates where USACE factors of safety are not met (and therefore the levee segment is not certifiable). For consistency with the Green River SWIF (King County, 2016), conceptual future levee fixes were assumed to provide a 500-year level of protection (i.e. 500-year water surface elevation plus three feet). This is a peak Green River flow of 18,800 cfs based on a 2012 Corps report that downgraded the level of protection provided by the upstream Howard Hanson Dam to a 140-year event. This is a much higher level than historically the lower Green River Valley has been developed for, as it has generally been assumed that the upstream Howard Hanson Dam provided protection for a 500-year event. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 19 143 o o °• 7 0-r0 r r N O cp 00 m zoo ▪ s A D c -0 m o 3 ro 0 v 0 0 0 co 0 co 0 rm n 5' 00 0 0 r 0) CD m ro n v 3 0 3 0 uoi.elipaJJDV aana1 eIV">Inl O Levee Segment Stationing Beginning 600 (feet) Ending 1600 Subsection Re-Grade/Flatten Levee $5,100,000 Retaining Wall/Floodwall $4,100,000 Raised/Widened Levee $3,200,000 Description 68th Avenue S./Christensen Road. Length (LF) 1000 2100 3200 1100 Riverview Plaza Business Park. N/A N/A $4,500,000 5300 6500 1200 Business parks and related parking along Christensen Road capitol project in the Green River SWIF. $6,200,000 $3,800,000 $4,900,000 7700 10150 2450 Sperry Drive and parking lots near Costco and Home Depot. $12,600,000 $7,800,000 $10,000,000 10250 12200 1950 From S 180th bridge crossing upstream including Lily Point and the Ratolo Levee Green River SWIF project area. $10,000,000 $6,200,000 $7,900,000 12200 13200 1000 Outside of bend along S 180th. N/A N/A $4,100,000 14300 15900 1600 Business parks and associated parking upstream of 2008 Corps levee repair. $8,200,000 $5,100,000 $6,500,000 18500 22750 4250 Segale property. $22,000,000 $10,000,000 $17,000,000 22750 24000 1250 Cross -levee. N/A $4,000,000 N/A •s;uaLuanoadwi Table 4. Planning level cost estimate for final design and construction of levee certification Table 5. Summary by cross-section of Phase 1 geotechnical slope stability assessments. Location Evaluated (River Mile) Case I - End of Construction (Existing Conditions) Case II - Rapid Drawdown Case III - Steady State Seepage Case IV - Earthquake kh = 0.10g non -liquefied Case IV Earthquake - Approximate deformation 12.61 12.98 13.11 13.53 14.02 14.72 14.82 15.49 15.86 16.07 16.47 „£'�� £ '� ,��,, ;� 3 0.79 1.27 0.82 �yyi�,l�rF�rrrrr�r33 0.91 1.23 0.73 123Y 1.34 < 1-2 inches 1.1 0.72 1.12 0.87 8-12 inches 1.03 0.82 0.91 0.81 fr ; ; %'I,' 0.69 1.05 0.94 2-4 inches 1.08 0.89 1.19 0.86 < 1-2 inches 1 13 0.74 0.88 ' ��.98 1 3 inches ;'��}..4t t 's£,r' 0.81 1.14 3ri xt t F��f�' �. < 1-2 inches 1.06 0.73 0.92 0.82 USACE minimum Factor of Safety 1.3 1 1.4 1 The following text describes the alternatives considered for each segment as well as approximate costs to develop final design and build the project. Segment stationing 600 through 1600 parallels 68th Avenue South/Christensen Road (Figure 10). Here steep slopes exacerbated by anticipated river channel scour could lead to a levee bank failure (as evaluated at cross-section 12.61 in Table 5) that includes portions of the roadway and the Green River trail. As discussed in prior Section 4.1, the segment of this levee from stationing 600 to 900 can be certified as is, as there is sufficient existing ground remaining after the predicted failure, that is at or above the BFE, to prohibit floodwaters from reaching landward infrastructure. Similarly, from station 900 to 1600, a slope failure would not flood landward of the levee (the ground elevation at the point of extent of failure is very close to, but above, the 27' BFE); however, a portion of Christensen Road, as well as nearby parking and potentially the closest buildings, would be lost. Slope stability in this reach is relatively less of a concern at this segment compared to other portions of the levee, based on the computed factor of safety from the geotechnical analysis of this segment (Table 5). Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 21 145 nhc W Legend • River Mile it Levee Stationing Levee Condition Improvement Needed Certifiable 0 50 100 200 Feet Figure 10. Tukwila Levee segment 600 through 1600 where existing portion 900 through 1600 can't be certified. A construction fix here to protect the roadway, trail, and buildings up to the 500-year level of protection includes either a levee setback, raising the levee, or a floodwall. Table 4 provides a planning level cost estimate for these alternatives. For all concepts, the construction fix was assumed to occur for the entire length of the segment, so that the same level of protection would be continuously provided from stationing 600 through 1600. For the levee setback and raising options, a retaining wall would likely be placed on the landward side of the levee, where existing buildings would limit ability to construct a 2:1 backslope. This alternative would require relocation of any utilities and raising of Christensen Road to provide access to the Holiday Inn constructed in 2018. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 22 146 nhc Segment 2100 through 3200 parallels the Riverview Plaza business park, which is built up to the levee edge (Figure 11). Estimated scour depths here and the short distance between river edge and the business park, preclude any realistic fix other than sheet pile walls. Table 4 provides a cost estimate for a construction fix at this segment. There is a short reach from approximately 2400 to 2700 that has an open parking lot, where the levee potentially could be set back or a design other than a sheet wall could be considered as part of the final design. Slope stability in this reach is relatively moderate compared to other segments, based on the computed factor of safety from the geotechnical analysis of this segment (as evaluated at river mile 12.98 in Table 5). Legend 0 River Mile X Levee Stationing Levee Condition Improvement Needed Certifiable o 50 100 200 Feet Figure 11. Tukwila Levee segment 2100 through 3200 that can't be certified in its existing condition. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 23 147 nhc Segment 5300 through 6500 (Figure 12) is in the outside of a river bend and includes the Green River SWIF Christensen Road capital project. Similar to other levee segments, unstable channel slopes under anticipated potential channel scour create conditions that can't be certified (as evaluated at river mile 13.53 in Table 5). Failure risk here, where scour is greater in the outside of a channel bend, is some of the greatest in the system. Levee setback, levee raising, and floodwall alternatives were considered for this site (cost estimates provided in Table 4). The levee setback and raising would take land currently used for business parking. Legend • River Mile X Levee Stationing Levee Condition Improvement Needed Certifiable 0 50 100 200 Feet Figure 12. Tukwila Levee segment 5300 through 6500 that can't be certified in its existing condition. Segment 7700 through 10150 parallels Sperry Drive and parking for large box stores (Figure 13). Slope stability in this reach is relatively moderate compared to other segments, based on the computed factor of safety from the geotechnical analysis of this segment (as evaluated at river mile 14.02 in Table 5). Cost estimates to design and construct both a levee setback and a floodwall for the entire segment are Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 24 148 nhc provided in Table 4. Note that the levee setback and levee raising concepts would modify land currently used for business parking, though parking lots through this segment are relatively wide. A simple site specific concept through just the non -certifiable section of the Tukwila Pump Station Pond, stationing 7700 through 8200, was also considered. The cost of bringing in additional levee material to provide protection to the 500-year water surface plus three feet, for this short 500-foot section, is estimated to be approximately $2.3 million. Legend • River Mile X Levee Stationing Levee Condition Improvement Needed Certifiable 0 50 100 200 Feet Figure 13. Tukwila Levee segment 7700 through 10150 that can't be certified in its existing condition. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 25 149 nhc Segment 10250 through 12200 (Figure 14) has a history of slope instability and was repaired most recently inIUUO(Annec,2015). Slope stability inthis reach isrelatively moderate tohigh, depending on location within the segment, compared to other segments (as evaluated at river mile 14.534 in Table 3 and atriver mile 1472inTable 5). Both alevee setback, levee raising, and floodvvaUwere evaluated as potential construction fixes at this segment (Table 4 provides the estimated costs). Levee Condition -Improvement Needed Figure 14. Tukwila Levee segment 102SQthrough 12200 that can't becertified inits existing condition. Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report ZS 150 nhc For segment 12200 through 13200, the proximity of S 180th Street severely limits construction options given how close the roadway is to the existing levee (Figure 15). In addition, the levee being in the outside of the river bend has relatively more scour compared to straight river sections, leading to less stable slopes (as evaluated at river mile 14.82 in Table 5). Only sheet pile floodwalls were considered for this site. Table 4 provides a cost estimate to design and construct this project. Legend • River Mile !t Levee Stationing Levee Condition Improvement Needed Certifiable 0 50 100 200 Feet Figure 15. Tukwila Levee segment 12200 through 13200 that can't be certified in its existing condition. Segment 14300 through 15900 (Figure 16) is the site of an existing repair, like the downstream levee segment; however, unlike the downstream section, steep slopes and soil conditions for this segment indicate that this section can't be certified in its existing condition (e.g. as evaluated at river mile 15.1 in Table 3. This is one section that may warrant additional soil testing (e.g. CPT) to further classify soils and thus potentially be able to certify the levee segment. A levee setback, levee raising, and a floodwall were considered for this site (cost estimate provided in Table 4). USACE is managing the design and construction of the Gaco-Mitchell Levee repair from station 15900 to 18500 (approximate river mile 15.4 to 15.9) (Figure 17). This has some of the greatest failure risk within the entire levee reach (as evaluated at river mile 15.86 in Table 5). The new levee along the Green River left bank will provide 500-year level of protection plus 3 feet of freeboard per the SWIF. There is a detailed analysis and design being completed for that project, so therefore no additional conceptual level designs and planning level cost estimates were conducted for this Phase 2 work. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 27 151 nhc X Levee Stationing Levee Condition Figure1G' Tukwila Levee segment 14300 through 15900 that can't be certified in its existing condition. Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'2Ol8Interim Report 28 152 nhc Figunu17' Tukwila Levee segment 15BODthrough 185OOthat can't becertified inits existing condition. Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'2OI8Interim Report 29 153 The geotechnical analyses (evaluated at river mile 16.07 and 16.47 in Table 5) indicate that a potential slope failure could occur along the Segale property from station 18500 to 22750 (Figure 18 and Figure 19). However, with the grade landward of any slope stability failure at or above BFE, the section could be certified as is no infrastructure is threatened by a slope failure. This is the only segment of the Tukwila 205 Levee reach, and one of the few remaining in the Lower Green River, where there is currently no development, though site grading has occurred in preparation for construction. As future development plans are uncertain, alternatives were developed for this segment including developing setback levees, raising the levees and constructing sheet pile walls for 500-year protection. Cost estimates for these fixes are provided in Table 4. For the fill option, a site specific cost estimate was made based on actual ground elevations (from 2014) versus computing by linear foot. In addition, a cost was estimated for filling the entire undeveloped area paralleling levee segment 18500 to 22000 (a majority of which is shown in Figure 18) to a uniform elevation at the 500-year level of protection. This is estimated to be approximately $23 million assuming a fill quality suitable for construction (e.g. free from contamination, compacted and prepared for foundation, etc.) and does not include the cost for purchasing land. Assuming a purchase price of $10 per square foot for undeveloped property, and approximately 1.7 million square feet of area, land costs are estimated to be another $17 million. In this segment, work could be completed in phases, with the first phase acquiring land (before development occurs) and then constructing levee improvements (e.g. levee setback) later. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 30 154 nhc Figure 18'Tukwila Levee segment 18500through 22750(downstream portion) that can't be certified in its existing condition. Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report 31 155 nhc Figpune19' Tukwila Levee segment 18500 through 22750 (upstream portion) that can't be certified in its existing condition. Tukwila Levee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report 32 156 nhc Levee segment 22750 through 23800 is a cross -levee section that spans from the Green River to high ground onthe east side ofthe valley (Figure 20). The BFEhere isapproximately 35.6feet and the levee low point is approximately 38.1; therefore, the levee elevation needs to be raised a few inches to be certified. The 500-year elevation plus 3 feet of freeboard is 38.7 feet; therefore, the recommended fix would betobring this levee uptothe 50O'yearlevel ofprotection. Table 4provides acost estimate for a construction fix at this segment. � Levee Condition — , Improvement Needed Figure2O' Tukwila Levee segment 227SO through 23800 that can't be certified in its existing condition. Tukwi|aLevee Accreditation Phase Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October l7'201VInterim Report ]3 .. 157 6 PROPOSED PRIORITIZATION Of those levee segments that could not be certified, the proposed construction sequencing based on risk and apparent opportunity is tabulated in Table 6. Table 6. Proposed improvement prioritization based on risk and opportunity. Levee Segment Stationing (feet) Beginning Ending 600 1600 Basis for Sequencing 68th Avenue S./Christensen Road. Has a lower risk of slope failure and 300 feet of this could be certified in its current condition. Construction Improvements for Certification Proposed Total Length Sequencing (feet) Low 1000 2100 3200 Riverview Plaza Business Park. Has a moderate risk of slope failure. 5300 6500 Business parks and related parking along Christensen Road capital project in the Green River SWIF. Has some of the highest deviation from slope stability factors of safety. 7700 10150 Sperry Drive and parking lots near large box stores. Has a moderate risk of slope failure. 10250 12200 From S 180th bridge crossing upstream including the Ratolo Levee Green River SWIF project area. One of highest scour areas and potential opportunity to work with landowner. High High 1200 1950 12200 13200 Outside of bend along S 180th. Has a moderate to high risk of slope failure. 14300 15900 Business parks and associated parking upstream of 2008 Corps levee repair. Has a moderate risk of slope failure. 15900 18500 Corps' Gaco-Mitchell Levee being designed. One of the greatest levee failure risks in the levee reach based on comparison with computed factors of safety. 18500 22750 Segale property. This is one of the last undeveloped overbank areas in the lower Green River. At a minimum land acquisition should occur as soon as possible. 22750 23800 Cross -levee likely will be in contact with floods during the highest of events. High 2600 Very High 4250 Low Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 34 158 7 Phase 1 conducted a reach wide assessment of the levees using generalized information and identified deficiencies for levee certification. In Phase 2, the project reach was discretized based on common characteristics and the deficiencies in each of these segments addressed in one of two ways. First, each segment was evaluated to determine if a more site specific analysis, versus the generalized reach wide Phase 1 approach, could potentially show that the current condition is certifiable. For each of the segments identified as such, a site specific analysis was conducted including collecting additional data and conducting additional or refining existing analyses to determine if that portion of the levee could be certified as is. For those segments of the levee that couldn't be certified in their current condition, costs were estimated for one or more construction alternatives that would lead to the levee being certified. Phase 3 will provide civil design and construction support of the preferred design determined in Phase 2 for large-scale, complex physical deficiencies. Meetings will be held as needed. The scope of work for Phase 3 will be refined at the completion of Phase 2, and a cost estimate prepared. Once all deficiencies have been identified and corrected, the Tukwila Levee Certification report will be prepared for submittal. The Phase 4 scope of work will be refined at the completion of Phase 3, and a cost estimate prepared. Amec Foster Wheeler, 2015. Preliminary Embankment and Foundation Stability Analysis, Tukwila 205 Levee Certification. Report dated October 1, 2015. King County, 2016. King County System Wide Improvement Framework, Green River, King County, Washington, Interim Report. February 2016. NHC, 2007. Hydrology for Green River Floodplain Analysis and Levee Risk Assessment. Prepared for King County Water and Land Resources Division, Department of Natural Resources and Parks, Seattle, WA, April 2007. NHC, 2015. Tukwila Levee Accreditation — Phase 1— Engineering Analyses and Improvement Identification. Prepared for City of Tukwila Public Works Department, Tukwila, WA, October 6, 2015. Wood, 2018. Preliminary Embankment and Foundation Stability Analysis Update, Tukwila 205 Levee Certification. Unpublished Draft, 2018. Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 17, 2018 Interim Report 35 159 Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 15, 2018 Interim Report 160 BACK SLOPE © 2H:1V OR ALTERNATIVELY CONSTRICT RETAINING WALL 50 40 30 c 20 0 0 10 0 — 10 — 20 0+00 0+20 0+40 VEGETATED BANK 10' MIDSLOPE BENCH 0+60 500—YEAR +3' 2H: 1 V OR FLATTER 0+80 Station RIPRAP 1+00 2H:1V OR FLATTER ' 1+20 LAUNCHABLE TOE 1+40 1OHW__ 50 40 30 20 m c c 10 0 10 20 1+60 1+70 0' 10' 20' 40' 1" = 20' CITY OF TUKWILA northwest hydraulic consultants 12787 gateway drive south tukwila, washingtan 96168-3308 phone: (206) 241-6000 fax: (206) 439-2420 Job:2000098 Rev: 1 Drft: MAO Chkd: THB Date:06Sep18 SKETCHES OF LEVEE REPAIR OPTIONS RE-GRADE/FLATTEN LEVEE ALT. A Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 15, 2018 Interim Report 50 40 30 c 20 0 �. w 10 0 — 10 — 20 0+00 0+20 0+40 0+60 0+80 Station 1+00 1+20 1+40 1+60 1+70 10' 20' 40' 1" = 20' CITY OF TUKWILA northwest hydraulic consultants 12787 gateway drive south tukwila, washingtan 96168-3308 phone: (206) 241-6000 fax: (206) 439-2420 Job:2000098 Rev: 1 Drft: MAO Chkd: THB Date:06Sep18 SKETCHES OF LEVEE REPAIR OPTIONS RAISED,WIDENED LEVEE ALT. B Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 15, 2018 Interim Report TOP OF WALL AS -- REQUIRED FOR FREEBOARD c 20 SHEET PLE WALL 7-7 as w 10 0+00 i..NOTE: OPTIMUM DEPTH AND LOCATION OF SHEET. PILE WALL FOR, STABILITY TO BE DETERMINED. i 1 0+20 0+40 0+60 0+80 Station 1+00 1+20 1+40 20 m c rt —10 1+60 1+70 10' 20' 40' 1° = 20' CITY OF TUKWILA northwest hydraulic consultants 12787 gateway drive south tukwilo, Washington 98168-3308 phone: (206) 241-6000 fax: (206) 439-2420 Job:2000098 Rev: 1 Drft: MAO Chkd: THB Date:06Sep18 SKETCHES OF LEVEE REPAIR OPTIONS RETAINING WALLJFLOODINALL ALT. C Tukwila Levee Accreditation Phase 2 - Levee Segment Assessment and Proposed Sequencing for Large Scale Improvements October 15, 2018 Interim Report a) .p TU�m'[a y~'hx f-0UO�i| �`����[�UD�w Fl���|�����enf �� Neighborhoods �-{�[���`tf�� _ �O1C� @k��� ��l�O Tukwila City Council Community Development r - -- ' ' ��''~ '' `- Committee --.^~ Work Plan Description Qtr Dept Action or Briefing Status/Notes l. Sound Transit TlBS Redevelopment 1 DCD 8 2` Tukwila Village — City Role l ED A 3. PROS Plan - Consultant Contract 1 PR A 4. S.146thPlay Space Lease l PR A 5. S.l46thPlay Space -Acquisition 2 P` A 6. Sullivan Center Service Agreement 1 PR A 7. Senior Levy -ZOl8Funding ' Capital Improvements l 9R 4 O. Senior Levy -IOl8Funding Needs Assessment Contract 1 PR A 9. Economic Development Plan Outreach Strategy 1 ED A 10. Homestead Land Trust Development Agreement 2 DCD »^ 12. Shoreline Master Program Code Update 2 DCD A 12. Sensitive Areas Code Update Z DCD /\ 13. PROS Plan - Community Engagement Strategy Z PR 8 14. S'146thPlay Space - Design Consultant and process 2 PR A 15. Senior Levy -2O19Funding Contract 7 PR A 16. Foster Golf Links - Marketing Plan 2 PR 8 17. T|BPlan Implementation 2'3 DCD A 18. Permit Tracking Software Briefing 3 DCD B RP(lresults in2019 19. Economic Development Plan Adoption 3 ED A 20` PROS Plan -. Draft Plan Review 3 PR B Adoption2O2O 21. S,l46thPlay Space Community Engagement 3 PR B 22. &iRs(River and T|B)-Community Engagement, Updates 3 PR 8 23. Creative Consultancy (SouthcenterDistrict) -Community Engagement, Updates 3 PR B 24. Tukwila South Trail - Study Consultant 3 PR 4 25. FortDentparkimgLotOyer|av/Curbing-Update 3 PR 8 76. Foster Golf Links - Golf Cart Replacement Update 5 PR B 27. Foster Golf Links Reclaimed Water Update 3 PR 8 28. Hea/thPoint5ite Land Sale 3 ED A 29. Short Term Rental Regulations 4 DCD 4 30. Residential Definitions Code Update 4 DCD A ]I. 8ECUDevelopment Agreement 4 DCD A 32. 1O-KninuteWalk - Update � 4 PR B 33. Senior Levy -ZU1yFunding Implementation Update 4 PR 8 City of Tukwila Updated January 23, 2019 Tukwila City Council Community Development & Neighborhoods Committee - 2019 Work Plan 34. Green Tukwila - Update 4 PR 35. Foster Golf Links - Green Fees Ordinance 4 PR A 36. Lake to Sound Trail - Construction Update 4 PR B 37. Southcenter 50th Briefings 1-2 ED B Ongoing through Summer 2019 38. Lodging Tax Funding Applications/Contracts 1-4 ED A Applications accepted on rolling basis 39. King County Modular Units DCD A KCHA land in Tukwila 40. Census Plan Outreach & Engagement AS B 41. Equity Policy Implementation Update AS B 42. Grant Application — Port of Seattle Economic Development ED A Standard Reports efings, Tukwila Works Admin Services Community Connectors Admin Services Code enforcement Updates DCD Afterschool Program Updates Parks South King Housing & Homelessness Partnership DCD/Admin Svcs K4C Updates DCD Parks Grant Applications & Agreements Parks Parks Capital Projects Updates Parks Changes to multi -family property tax exemption program Economic Development Pending developer requests Development Agreements Economic Development Pending developer requests Property Donations/Property Naming Parks & Recreation Sponsorship agreements Economic Development Branding and wayfinding projects and contracts Economic Development Legislative positions related to tourism and economic development Economic Development City of Tukwila Updated January 23, 2019