HomeMy WebLinkAboutCDN 2019-11-26 COMPLETE AGENDA PACKETCity of Tukwila
Community Development &
Neighborhoods Committee
O De'Sean Quinn, Chair
O Dennis Robertson
O Verna Seal
AGENDA
TUESDAY, NOVEMBER 26, 2019 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(At east entrance of City Hall)
Distribution:
D. Quinn
Mayor Ekberg
D. Robertson
D. Cline
V. Seal
R. Bianchi
K. Hougardy
C. O'Flaherty
Z.Idan
A.Youn
L. Humphrey
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. A grant award related to HB 1923.
a. Forward to 12/2 Consent
Pg.1
Meredith Sampson, Assistant Planner
Agenda.
b. A contract with Superion for a permit tracking system.
b. Forward to 12/2 Consent
Pg.23
Joel Bush, Senior Technology Integration Manager
Agenda.
c. Southcenter Plan implementation update.
c. Discussion only.
Pg.65
Lynn Miranda, Planning Supervisor
d. An ordinance updating Critical Areas regulations.
d. Return to 12/10
Pg.73
Minnie Dhaliwal, Community Development Deputy Director
Community Development
Y Please bring your binder (distributed separately). Q
and Neighborhoods
Committee meeting.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, December 10, 2019
SThe 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
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Minnie Dhaliwal, Deputy Director of Community Development
BY: Meredith Sampson, Associate Planner
CC. Mayor Ekberg
DATE: November 26, 2019
SUBJECT: HB 1923 Increasing Housing Supply and Affordability
ISSUE
Council approval is required to authorize the Mayor to sign an Interagency Agreement to receive
$100,000 in grant funding that the Department of Commerce has awarded to Tukwila to take
actions to create a Housing Action Plan.
BACKGROUND
The State legislature passed HB 1923 providing $5 million to increase residential building
capacity in Washington communities. The Department of Commerce has released a grant
application, due September 30'h, 2019, for up to $100,000 per jurisdiction. These funds can be
put toward certain zoning actions, or toward a Housing Action Plan. The goal of a plan
developed using this funding source "must be to encourage construction of additional affordable
and market rate housing in a greater variety of housing types and at prices that are accessible
to a greater variety of incomes, including strategies aimed at the for -profit single-family home
market." There are seven sub -components that must be included in the plan.
DISCUSSION
The attached grant from the Department of Commerce totals $100,000 through June 2021.
Grant funds are allocated as follows:
• Housing Action Plan Sub -Regional Framework - $20, 000
Create a framework and housing needs analysis for South King County. This portion of the
funds will be pooled with Auburn, Burien, Federal Way, Kent, and Renton. Staff is
coordinating with the SKHHP member cities for a mechanism for the pooling of resources.
An interactive tool will be developed to evaluate housing distribution and need, and set
broad policy framework for strategies individual cities can explore further.
• Public Involvement Process - $10,000
To be incorporated at key points throughout plan creation, involving local apartment owners,
builders, real estate agents, nonprofit housing advocates, and local religious groups.
• Develop a Framework for the Housing Action Plan - $5, 000
Review and evaluate the status of the City's Comprehensive Plan Elements on Housing and
The Tukwila International Boulevard District as well as PSRC's Growing Transit
Communities strategies for the Tukwila International Boulevard community.
• Identify Barriers/Strategies to Encourage Higher Density Development in TOD Zone and
Propose Solutions - $20, 000
Assess existing recreation space and parking requirements for multifamily development,
evaluate the multifamily design guidelines, document and assess the effectiveness of
INFORMATIONAL MEMO
Page 2
current City incentives, and identify incentives and regulatory measures that build upon City
development standards.
• Consider Strategies to Minimize Displacement in TOD Zone - $25, 000
Create a list of resources for property owners to rehabilitate and maintain properties while
preserving affordable housing, and utilize Tukwila's Community Connectors or similar to
identify issues regarding displacement in the TOD zone and develop solutions.
• Incorporate Findings into a Transit -Oriented Development Housing Strategies Plan -
$20,000
Create a cohesive and meaningful document with findings as well as a schedule of
programs and actions to implement the recommendations of the plan, and obtain City
Council approval to adopt the plan.
FINANCIAL IMPACT
No financial match needed. Staff time will be needed to manage the grant.
RECOMMENDATION
Forward this item directly to the Consent Agenda of the December 2, 2019 Regular Meeting.
This action will authorize the Mayor to sign an Interagency Agreement with the Department of
Commerce and accept grant funding for the City of Tukwila through June 2021.
ATTACHMENTS
Interagency Agreement between Tukwila and Department of Commerce through June 2021
Grant Award Letter
2 ftitystore\City Common\Council Agenda ItemsTCDIHB 19231HB 1923 memo .dou
Department of commerce
Interagency Agreement with
For
City of Tukwila
through
Growth Management Services
HB 1923 Grant to adopt a housing action plan
Start date: Date of Execution
3
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority...............................................................................................1
2. Contract Management............................................................................................1
3. Compensation........................................................................................................1
4. Expenses.............................................................................................1
5. Billing Procedures and Payment............................................................................1
6. Subcontractor Data Collection................................................................................2
7. Order of Precedence..............................................................................................2
General Terms and Conditions
1.
Definitions..............................................................................................................3
2.
All Writings Contained Herein................................................................................3
3.
Amendments..........................................................................................................3
4.
Assignment............................................................................................................3
5.
Confidentiality and Safeguarding of Information....................................................3
6.
Copyright................................................................................................................4
7.
Disputes.................................................................................................................4
8.
Governing Law and Venue....................................................................................4
9.
Independent Capacity of the Contractor................................................................5
10.
Licensing, Accreditation and Registration..............................................................5
11.
Recapture...............................................................................................................5
12.
Records Maintenance............................................................................................5
13.
Savings...................................................................................................................5
14.
Severability.............................................................................................................5
15.
Subcontracting.......................................................................................................5
16.
Survival...................................................................................................................6
17.
Termination for Cause............................................................................................6
18.
Termination for Convenience.................................................................................6
19.
Termination Procedures.........................................................................................6
20.
Treatment of Assets...............................................................................................7
21.
Waiver....................................................................................................................8
Attachment A, Scope of Work
Attachment B, Budget
11
FACE SHEET
Contract Number: 20-63314-028
Washington State Department of Commerce
Local Government Division
Growth Management Services
HB 1923 Grant
1. Contractor
2. Contractor Doing Business As (optional)
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
3. Contractor Representative
4. COMMERCE Representative
Meredith Sampson
Eric Guida PO Box 42525
Assistant Planner
Associate Planner 101 1 Plum Street SE
(206) 431-3661
(360) 725-3044 Olympia Washington
meredith.sampson@tukwilawa.gov
eric.guida@conimerce.wa.gov 98504-2525
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$100,000
State of Washington
Date of Execution
June 30, 2021
11. SWV #
12. UBI #
SWV0018023-00
179-000-208
14. Contract Purpose
HB 1923 grant funding to address housing affordability.
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment "A" — Scope of Work, Attachment "B" — Budget, <etc.>
FOR CONTRACTOR
FOR COMMERCE
Mark Barkley, Assistant Director, Local Government Division
Date
Allan Ekberg, Mayor of Tukwila
Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 6/11/2019.
APPROVAL ON FILE.
9
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet of
this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet of
this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $100,000 for the performance of all things necessary for
or incidental to the performance of work under this Contract as set forth in the Scope of Work.
Actions selected from the menu of twelve actions must be adopted by April 1, 2021 to receive full
funding. Budget managers should be aware that the final thirty percent (30%) of the grant amount for
each action is contingent upon adoption of the selected Action.
The final due date for Deliverables must be no later than June 15, 2021,
4. EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized
in advance by COMMERCE as reimbursable. Such expenses may include airfare (economy or coach class
only), other transportation expenses, and lodging and subsistence necessary during periods of required
travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement
rates.
5. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly.
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the
Contract Number 20-63314-0281f expenses are invoiced, provide a detailed breakdown of each type. A
receipt must accompany any single expenses in the amount of $50.00 or more in order to receive
reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt
of properly completed invoices. Payment shall be sent to the address designated by the Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall
be made by COMMERCE.
COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs
would have been allowable on or after July 28, 2019, the effective date of Engrossed Second Substitute
House Bill 1923 (2019). To be allowable, such costs must be limited to the completion of tasks and
deliverables outlined in the Scope of Work (Attachment A).
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 1 7
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subcontractors.
6. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed
by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds
expended for work performed by subcontractors, including but not necessarily limited to minority -owned,
woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors
of any tier.
7. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
• add any other attachments incorporated by reference on the Face Sheet
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 2
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
Up to ten percent of the contract amount for each activity may be moved to another activity without a
contract amendment.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 3
9
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
State of Washington Interagency Agreement Updated June 2019
10 Department of Commerce Page 4
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
9. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of
the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an
officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee
under law. Conduct and control of the work will be solely with the Contractor.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE, In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
12. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
15. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the priorwritten
approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 5
11
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
16. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
18. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
State of Washington Interagency Agreement Updated June 2019
12 Department of Commerce Page 6
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees, agents
or Subcontractors.
State of Washington Interagency Agreement Updated June 2019
Department of Commerce Page 7
13
GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
21. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
State of Washington Interagency Agreement Updated June 2019
14 Department of Commerce Page 8
Attachment A
Scope of Work
A. Housing Action Plan
The goal of any such housing plan must be to encourage construction of additional affordable and
market rate housing in a greater variety of housing types and at prices that are accessible to a
greater variety of incomes, including strategies aimed at the for -profit single-family home market.
The housing action plan should:
(a) Quantify existing and projected housing needs for all income levels, including extremely low-
income households, with documentation of housing and household characteristics, and cost -
burdened households;
(b) Develop strategies to increase the supply of housing, and variety of housing types, needed to
serve the housing needs identified in (a) of this subsection;
(c) Analyze population and employment trends, with documentation of projections;
(d) Consider strategies to minimize displacement of low-income residents resulting from
redevelopment,
(e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070,
including an evaluation of success in attaining planned housing types and units, achievement
of goals and policies, and implementation of the schedule of programs and actions,
(f) Provide for participation and input from community members, community groups, local
builders, local realtors, nonprofit housing advocates, and local religious groups; and
(g) Include a schedule of programs and actions to implement the recommendations of the housing
action plan.
Commerce will be monitoring the contracts in May and November of 2020 to review progress in
meeting milestones, deliverables and invoicing.
Action:
Steps/
Deliverables
Description
Start Date
End Date
Action 1
Housing needs analysis at a sub -regional
11 2019
6 2020
15
Attachment A
Step 1.1
Establish schedule for interjurisdictional
11/2019
12/2019
collaborative meetings between partnering
staff representatives, to cover administration
of the sub -regional housing action
framework, including consultant selection
criteria and management of contract.
Step 1.2
Hire a consultant utilizing agreed -upon
12/2019
1/2020
selection process.
Step 1.3
Develop a consultant scope of work to
1/2020
1/2020
develop a baseline of population,
employment, and housing characteristics at
he sub -regional level needed to determine
regional and local future housing needs,
develop an interactive tool for use in
evaluating housing distribution and need, and
set broad policy framework for strategies
Step 1.4
Implement the scope of work with consultant
2/2020
7/2020
and partner cities.
Deliverable 1
South King County Housing Action Plan
7/2020
Framework
Deliverable 2
South King County Housing Market Policy
7/2020
Dashboard Tool
Action 2
Public involvement to be incorporated at
7/2020
1/2021
key points throughout plan creation
Step 2.1
Utilize Tukwila's Community Connectors or
7/2020
1/2021
similar to identify issues regarding
displacement in the TOD zone and develop
Step 2.2
Conduct outreach to local apartment owners,
7/2020
1/2021
builders and real estate agents, nonprofit
housing advocates, and local religious groups
o gain a greater understanding about issues
regarding preserving housing affordability,
redevelopment, rehabilitation and
Deliverable 3
Draft report summarizing the findings
2/2021
Action 3
Develop a framework for the Housing Action
7/2020
10/2020
Plan by reviewing and evaluating local &
regional goals, policies, regulations,
incentives, and implementation strategies
regarding housing and TOD.
16
Attachment A
Step 3.1
Review and evaluate the status of the City's
7/2020
10/2020
Comprehensive Plan Elements on Housing
and the Tukwila International Blvd District.
Step 3.2
Review and evaluate PSRC's Growing Transit
7/2020
10/2020
Communities Document about the Tukwila
International Boulevard transit community.
Deliverable 4
Draft report
2 2021
Action 4
Identify barriers to and strategies to
7/2020
1/2021
encourage higher density residential
development in Tukwila's transit -oriented
development zone and propose solutions.
Step 4.1
Assess existing recreation space and parking
7/2020
1/2021
requirements for multifamily and suggest
revisions.
Step 4.2
Evaluate multifamily design guidelines and
7/2020
1/2021
suggest revisions that lead to better
placemaking and address nimbyism.
Step 4.3
Document and assess the effectiveness of the
7/2020
10/2020
current tools and incentives the City uses to
encourage housing such as multi -family tax
exemption and opportunity zones.
Step 4.4
Identify incentives that build upon City-wide
7/2020
1/2021
tools explored under Sten 4.3.
Step 4.5
Identify regulatory measures that build upon
7/2020
1/2021
City development standards.
Deliverable 5
Draft Report
2 2021
Action 5
Consider strategies to minimize
7/2020
1/2021
displacement in Tukwila's transit -oriented
Step 5.1
Create a list of resources property owners
7/2020
1/2021
can use to rehabilitate and maintain
Step 5.2
Utilize Tukwila's Community Connectors or
7/2021
1/2021
similar to identify issues regarding
displacement in the TOD zone and develop
Step 5.3
Conduct outreach to local apartment owners,
7/2021
1/2021
builders and real estate agents, nonprofit
Deliverable 6
Draft Report
2 2021
Action 6
Incorporate findings into a Transit -Oriented
1/2021
4/2021
Development Housing Strategies Plan
Step 6.1
Create a cohesive and meaningful document
1/2021
4/2021
with findings from Actions 1-6.
17
Attachment A
Step 6.2
Create a schedule of programs and actions to
1/2021
4/2021
implement the recommendations of the
Plan -
Step 6.3
Obtain City Council approval and adopt plan.
2 2021
4/2021
Deliverable 7
Final Transit -Oriented Development Housing
4/2021
Strategies Plan
in
Attachment B
Budget
Action / Deliverables
Commerce
Other Funds [If
Funds
applicable]
Action 1. Develop a Housing Action Plan
20k
n/a
(Sub -Regional Framework).
Action 2. Public involvement to be incorporated at key points
10k
n/a
throughout the process.
Action 3. Review and evaluate the status of the current
5k
n/a
Housing Element's adopted implementation strategies.
Actions 4. Identify barriers to and strategies to encourage
20k
n/a
higher density development in Tukwila's transit -oriented
development zone and propose solutions.
ction 5. Consider strategies to minimize displacement in
25k
n/a
Tukwila's transit -oriented development zone.
ction 6. Incorporate findings into a Transit -Oriented
20k
n/a
Development Housing Strategies Plan.
Total:
100k
n/a
19
20
STAq•F
aaaa .
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
901 ", Plum Street SE e PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000
www.commerce.wa.gov
November 5, 2019
The Honorable Allan Ekberg
Mayor of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
RE: E2SHB 1923 Grant — Increasing Residential Building Capacity
Dear Mayor Ekberg:
I am pleased to inform you that the city of Tukwila has been awarded $100000.00 in grant funds for the
2019-21 Biennium to assist with increasing urban residential building capacity and streamlining
regulations. The Washington State Legislature created this new grant program under Engrossed Second
Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible
land use planning activities for cities to consider implementing to increase housing capacity.
Your jurisdiction recently submitted a grant application, identifying actions it intends to develop and
adopt, as well as its grant funding need to assist with this work. Your scope of work and budget must be
consistent with the scope of work and budget included in your grant application.
This grant will be administered by the Washington Department of Commerce, Growth Management
Services unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget
will need to be executed between your organization and the Department of Commerce. Funds may be
retroactively applied to project costs related to your grant scope of work, beginning July 28, 2019, the
effective date of E2SHB 1923.
Eric Guida, Senior Planner is available to help you if you have any questions. Please call
(360) 725-3044 or eric.guida@commerce.wa.gov for assistance with this contract going forward.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
cc: Meredith Sampson, Assistant Planner
Eric Guida
21
22
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhood Committee
FROM: Joseph Todd (TIS), Joel Bush (TIS), Jack Pace (DCD)
BY: Tami Eberle -Harris (TIS) / Rachelle Ripley (DCD)
CC: Mayor Ekberg
DATE: November 26, 2019
SUBJECT: Permit system update /Trakit transition to Cloud/ New contract
ISSUE
Permitting software upgrade- Trakit system stabilization to support One Stop Permitting
BACKGROUND
The City's current permit tracking system is Trakit. We have used this system since 2013. It
is currently used by the City's Building Division, Planning, Public Works, Code Enforcement
and Rental Housing. Fire Department is transitioning permits issued by them into Trakit,
online services are limited to scheduling inspections or checking the status of permit. The city
desires to provide more robust online permitting services.
The City purchased the online permitting module eTrakit in 2013, but was unable to
implement it due to lack of technical support from the company. The company was sold
multiple times. Many of the vendor's long-term knowledgeable staff members quit. Upgrades
were notoriously buggy, which made the risk to upgrade outweigh the potential benefits.
Improvements to the system could be realized with an upgrade from Trakit9 to newer
releases, but vendor instability resulted in upgrade efforts stalling as the vendor was not able
to support customization and bug fixes that were required to get online permitting (eTrakit)
fully functioning.
Prevalent concerns with the stability of the vendor prompted TIS and DCD to publish an RFQ
for a new permitting system. This resulted in only five vendor responses.
DISCUSSION
In 2018, Trakit's vendor Superion was involved in a merger that formed Central Square
Technologies. Improvements in areas of support and road map are being observed with the
merger.
Contracting with Superion to move Trakit to Central Square's hosted cloud environment is
recommended to stabilize the system. This move will align with the cities strategic goals to
move to cloud and will include an update to a supported version of Trakit called Community
Development, on newer infrastructure with updated software.
The new environment will include a replacement for eTrakit with online portal called Citizen
Engagement. This will provide the capability for integrated online permitting, from the
application submittal, fee payment, through permit issuance.
23
INFORMATIONAL MEMO
Page 2
During contract negotiations, Superion agreed to waive the 2017 & 2018 maintenance fees
($70,143) and apply 2019 maintenance fees ($39,000) towards the new 2020 contract. There
are stipulations in the contract for availahility targets; customer service and incident response
targets; and data and security requirements, along with recourse for non-performance.
The implementation will take 6-8 months to complete.
In the interim, we have been working to develop forms using Seamless docs to provide online
acceptance of permit applications. Seamless docs will be a temporary stopgap measure to
mitigate challenges with acceptance of online documents. The forms will not be integrated
directly into Trakit, which is why the long-term goal is to complete the transition of Trakit to
Central Square's cloud, and include the integrated Citizen Engagement functionality. This will
significantly improve service to the public.
FINANCIAL IMPACT
Due to the substandard performance of the vendor, the city did not pay maintenance costs
for 2017 and 2018. The vendor is willing to waive these charges, and credit the 2019/20
maintenance fees towards a transition to their hosted environment.
Back -fees Maintenance 2017 & 2018, waived: $70,143 (waived)
2019/20 Maintenance fees: $38,838
Additional funds required to complete transition: $18,744
Total cost of move to Cloud and 1 st year hosting fees $57,582
The cost of this project is below the current allocated 2019/2020 budget in the Department of
Community Development for the Permitting system. The city currently charges technology
fee in the amount of 5% of the permit fee for all permits that are processed through Trakit.
This fee was instituted in 2013 to recover implementation cost and annual expenses
associated with Trakit. The technology fee will recover ongoing fees associated with the
current upgrade.
Ongoing budget impacts:
Annual Access Fees Year 2 (2021) - $57,750.00
Annual Access Fees Year 3 (2022) - $60,637.50
Beginning in Year 4, Annual Access Fees shall be limited to a 3% escalation per year.
RECOMMENDATION
In order to mitigate risks, improve and stabilize the Trakit Permitting system in support of
the One Stop Permitting efforts throughout the City, the committee is being asked to
approve the contract with Superion to move Trakit to Central Square's hosted cloud
environment, and to forward to the Regular Meeting of 12/02/2019 Consent Agenda.
ATTACHMENTS
Contract - Superion Tukwila WA Host Q-00012021
24
Y
,'.SUhERION .
Superion Solutions Agreement
This Superion Solutions Agreement (the "Agreement"), effective as of the latest date shown on the signature block
below (the "Effective Date"), is entered into between Superion, a Delaware Limited Liability Company with its
principal place of business in Lake Mary, FL ("Superion") and the City of Tukwila, WA ("Customer"), together
with Superion, the "Parties", and each, a "Party".
WHEREAS, Superion licenses and gives access to certain software applications ("Superion Solutions") to its
customers and also provides maintenance, support, migration, installation and other professional services; and
WHEREAS, Customer desires to license and/or gain access to certain Superion Solutions and receive professional
services described herein, and Superion desires to grant and provide Customer license and access to such offerings
as well as to support them with professional services, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by the signatures
of their duly authorized representative below, the Parties intending to be legally bound, agree to all of the following
provisions and exhibits of this Agreement:
SUPERION, LLC.
CITY OF TUKWILA
1000 Business Center Dr.
Lake Mary, FL 32746
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
By:
Sa NAkMMAA,
By.
Print Name:
Print Name:
Print Title:
Print Title:
Date Signed:
Date Signed:
1. Superion Solution: Public Administration (Q-00012021)
2. Term.
2.1. Initial Term. The Initial Term of this Agreement commences as of the Effective Date and will continue in
effect for three (3) years from such date unless terminated earlier pursuant to any of the Agreement's
express provisions (the "Initial Term").
2.2. Renewal Term. This Agreement will automatically renew for additional successive one (1) year terms at
the then -current rates unless earlier terminated pursuant to any of the Agreement's provisions (a
"Renewal Term" and, collectively, with the Initial Term, the "Term").
2.3. Non -Renewal. Either Party may elect to end renewal of the contract by issuing a notice of non -renewal,
in writing, to the other party at least sixty (60) days prior to the expiration of the current contract term.
3. Fees. In consideration of the rights and services granted by Superion to Customer under this Agreement,
Customer shall make payments to Superion pursuant to the amounts and milestone -based payment schedule
and terms outlined in Exhibit 1 (the "Project Cost Summary").
4. Definitions. Capitalized terms not otherwise defined in this Agreement have the meanings set forth below:
4.1. "Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of
violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil,
criminal, administrative, regulatory or other, whether at law, in equity, or otherwise.
4.2. "Affiliate" of a Person means any other Person that directly or indirectly, through one or more
intermediaries, controls, is controlled by, or is under common control with, such Person.
4.3. "Authorized User" means Customer's employees, consultants, contractors, and agents who are
authorized by Customer to access and use the Superion Solutions under the rights granted to Customer
pursuant to this Agreement, and for whom access to the Superion Solutions has been purchased.
25
4.4. "Baseline" means the version of a Superion Solution updated to the particular time in question through
Superion's warranty services and maintenance, but without any other modification whatsoever.
4.5. "Component System" means any one of the Superion Solutions identified in Exhibit 1, including all
copies of Source Code, Object Code and all related specifications, Documentation, technical information,
and all corrections, modifications, additions, development work, improvements and enhancements to and
all Intellectual Property Rights for such Component System.
4.6. "Customer Data" means information, data, and content, in any form or medium, collected, downloaded,
or otherwise received, directly or indirectly from Customer, an Authorized User or end -users by or through
the Superion Solutions, provided the data is not personally identifiable and not identifiable to Customer.
4.7. "Custom Modification" means a change that Superion has made at Customer's request to any
Component System in accordance with a Superion-generated specification, but without any other
changes whatsoever by any Person.
4.8. "Customer Systems" means the Customer's information technology infrastructure, including computers,
software, hardware, databases, electronic systems (including database management systems), and
networks, whether operated by Customer or through the use of third -party services.
4.9. "Defect" means a material deviation between the Baseline Superion Solution and its Documentation, for
which Defect Customer has given Superion enough information to enable Superion to replicate the
deviation on a computer configuration that is both comparable to the Customer Systems and that is under
Superion's control. Further, with regard to each Custom Modification, Defect means a material deviation
between the Custom Modification and the Superion-generated specification and documentation for such
Custom Modification, and for which Defect Customer has given Superion enough information to enable
Superion to replicate the deviation on a computer configuration that is both comparable to the Customer
Systems and that is under Superion's control.
4.10. "Documentation" means any manuals, instructions, or other documents or materials that Superion
provides or makes available to Customer publically on a website or in any form or medium and which
describe the functionality, components, features, or requirements of the Superion Solutions, including
any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof.
4.11. "Enhancements" means general release (as opposed to custom) changes to a Baseline Component
System or Custom Modification which increase the functionality of the Baseline Component System or
Custom Modification in question.
4.12. "Go Live Date" means the date the Customer certifies, in writing, that (a) Superion provided the current
version of Superion Solution(s) to Customer and (b) said Solution(s) is fully functioning, including being
free from any viruses or Harmful Code.
4.13. "Harmful Code" means any software, hardware, device or other technology, including any virus, worm,
malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized
access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede any (i) computer, software,
firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the
security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent Customer or any
Authorized User from accessing or using the Superion Solutions as intended by this Agreement.
4.14. "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied
for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade
secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights
or forms of protection, in any part of the world.
4.15. "Maintenance" means optimization, error correction, modifications, and updates to Superion Systems to
correct any known Defects and improve performance. Maintenance will be provided for each Component
System, the hours and details of which are described in Exhibit 2 ("Support Standards").
4.16. "New Releases" means new editions of a Baseline Component System or Custom Modification.
4.17. "Person" means an individual, corporation, partnership, joint venture, limited liability entity, governmental
authority, unincorporated organization, trust, association, or other entity.
4.18. "Personal Information" means any information that does or can identify a specific individual or by or
from which a specific individual may be identified, contacted, or located. Personal Information includes
all "nonpublic personal information" as defined under the Gramm -Leach -Bliley Act, "protected health
information" as defined under the Health and Insurance Portability and Accountability Act of 1996,
"Personal Data" as defined in the EU General Data Protection Regulation (GDPR 2018), "Personal
7Z'SUPERION
26
Information" as defined under the Children's Online Privacy Protection Act of 1998, and all rules and
regulations issued under any of the foregoing.
4.19. "Professional Services" means installation, implementation, development work, training or consulting
services including custom modification programming, support relating to custom modifications, on -site
support services, assistance with data transfers, system restarts and reinstallations provided by Superion.
4.20. "Representatives" means, with respect to a party, that party's employees, officers, directors, agents,
subcontractors, and legal advisors.
4.21. "Superion Personnel" means all individuals involved in the performance of Support Services and
Professional Services as employees, agents, Subcontractors or independent contractors of Superion.
4.22. "Superion Solution(s)" means the Component Systems, Documentation, Custom Modifications,
development work, Superion Systems and any and all other information, data, documents, materials,
works, and other content, devices, methods, processes, hardware, software, technologies and inventions,
including any deliverables, technical or functional descriptions, requirements, plans, or reports, provided
or used by Superion or any Subcontractor in connection with Professional Services or Support Services
rendered under this Agreement.
4.23. "Superion Systems" means the information technology infrastructure used by or on behalf of Superion
to deliver Superion Solutions, including all computers, software, hardware, databases, electronic systems
(including database management systems), and networks, whether operated directly by Superion or
through the use of third -party services.
4.24. "Support Services" means Maintenance, Enhancements, implementation of New Releases, and
general support efforts to respond to incidents reported by Customer in accordance with the detailed
Support Standards outlined in Exhibit 2.
4.25. "Third -Party Materials" means materials and information, in any form or medium, including any software,
documents, data, content, specifications, products, related services, equipment, or components of or
relating to the Superion Solutions that are not proprietary to Superion.
5. License, Access & Services.
5.1, License Grant. Subject to and conditioned on the payment of Fees and compliance with all other terms
and conditions of this Agreement, Superion hereby grants to Customer a non-exclusive, non-
sublicenseable, and non -transferable license to the current version of the Superion Solution(s) outlined
in Exhibit 1 at the time of this Agreement's execution.
5.2. Access and Scope of Use. Subject to and conditioned on Customer and their Authorized Users'
compliance with the terms and conditions of this Agreement, Superion hereby grants Customer a non-
exclusive, non -transferable right to access and use the Solutions, solely by Authorized Users. Such use
is limited to Customer's internal use. Superion shall deliver to Customer the initial copies of the Superion
Solution(s) outlined in Exhibit 1 by (a) electronic delivery, by posting it on Superion's network for
downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a
disc or other suitable media transfer method. Physical shipment is on FOB-Superion's shipping point, and
electronic delivery is deemed effective at the time Superion provides Customer with access to download
the Superion Solutions. The date of such delivery shall be referred to as the "Delivery Date."
5.3. Documentation License. Superion hereby grants to Customer a non-exclusive, non-sublicenseable, non-
transferable license to use and reproduce the Documentation during the Term solely for Customer's
internal business purposes in connection with its use of the Superion Solutions.
5.4. Service and System Control. Except as otherwise expressly provided in this Agreement:
5.4.1. Superion has and will retain sole control over the operation, provision, maintenance, and
management of the Superion Solutions; and
5.4.2. Customer has and will retain sole control over the operation, maintenance, and management of,
and all access to and use of, the Customer Systems, and sole responsibility for access to and
use of the Superion Solutions by any Person by or through the Customer Systems or other means
controlled by Customer or any Authorized User, including any reports or results obtained from
any use of the Superion Solutions, and conclusions, decisions, or actions based on such use.
5.5. Limitations. Customer must provide Superion with such facilities, equipment and support as are
reasonably necessary for Superion to perform its obligations under this Agreement, including, if required
by Superion, remote access to the Customer Systems. Superion is not responsible or liable for any delay
or failure of performance caused in whole or in part by any Customer delay or Customer's failure to
,i SUPERION
27
perform any obligations under this Agreement.
5.6. Exceptions. Superion has no obligation to provide Support Services relating to any Defect with the
Superion Solutions that, in whole or in part, arise out of or result from any of the following:
5.6.1. software, or media on which provided, that is modified or damaged by Customer or unauthorized
third party;
5.6.2. any operation or use of, or other activity relating to, the Superion Solutions other than as specified
in the Documentation, including any incorporation, or combination, operation or use of the
Superion Solutions in or with, any technology (software, hardware, firmware, system, or network)
or service not specified for Customer's use in the Documentation;
5.6.3. any negligence, abuse, misapplication, or misuse of the Superion Solution other than by Superion
personnel, including any Customer use of the Superion Solution other than as specified in the
Documentation or expressly authorized in writing by Superior;
5.6.4. any Customer's failure to promptly install any New Releases that Superion has previously made
available to Customer;
5.6.5. the operation of, or access to, Customer's or a third party's system, materials or network;
5.6.6. any relocation of the Superion Solution other than by Superion personnel;
5.6.7. any beta software, software that Superion makes available for testing or demonstration purposes,
temporary software modules, or software for which Superion does not receive a fee;
5.6.8. any breach of or noncompliance with any provision of this Agreement by Customer or any of its
Representatives or any Force Majeure Event (including abnormal physical or electrical stress).
5.7. Reservation of Rights. Except for the specified rights outlined in this Section, nothing in this Agreement
grants any right, title, or interest in or to any Intellectual Property Rights in or relating to the Support
Services, Professional Services, Superion Solutions, or Third -Party Materials, whether expressly, by
implication, estoppel, or otherwise. All right, title, and interest in the Superion Solutions, and the Third -
Party Materials are and will remain with Superion and the respective rights holders.
5.8. Changes. Superion reserves the right, in its sole discretion, to make any changes to the Support Services
and Superion Solutions that it deems necessary or useful to: (a) maintain or enhance the quality or
delivery of Superior's services to its customers, the competitive strength of or market for Superior's
services, or the Support Services' cost efficiency or performance; or (b) to comply with applicable law.
Without limiting the foregoing, either party may, at any time during the Term, request in writing at least
sixty (60) days in advance of changes to particular Support Services, Professional Services or their
product suite of Superion Solutions. The parties shall evaluate and, if agreed, implement all such
requested changes. No requested changes will be effective unless and until memorialized in either a
Superion issued Add -On Quote signed by the Customer, or a written change order or amendment to this
agreement signed by both parties.
5.9. Subcontractors. Superion may from time to time in its discretion engage third parties to perform
Professional Services or Support Services (each, a "Subcontractor") in accordance with the terms and
conditions of this Agreement.
5.10, Security Measures. The Superion Solution may contain technological measures designed to prevent
unauthorized or illegal use of the Superion Solution. Customer acknowledges and agrees that: (a)
Superion may use these and other lawful measures to verify compliance with the terms of this Agreement
and enforce Superion's rights, including all Intellectual Property Rights, in and to the Superion Solution;
(b) Superion may deny any individual access to and/or use of the Superion Solution if Superior, in its
reasonable discretion, believes that person's use of the Superion Solution would violate any provision of
this Agreement, regardless of whether Customer designated that person as an Authorized User; and (c)
Superion may collect, maintain, process, use and disclose technical, diagnostic and related non -
identifiable data gathered periodically which may lead to improvements in the performance and security
of the Superion Solutions.
Use Restrictions. Customer shall not, and shall not permit any other Person to, access or use the Superion
Solutions except as expressly permitted by this Agreement. For purposes of clarity and without limiting the
generality of the foregoing, Customer shall not, except as this Agreement expressly permits:
y "SUPERION
6.1. copy, modify, or create derivative works or improvements of the Superion Solutions, or rent, lease, lend,
sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Superion Solutions
to any Person, including on or in connection with the internet or any time-sharing, service bureau,
software as a service, cloud, or other technology or service;
6.2. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access
to the source code of the Superion Solutions, in whole or in part;
6.3. bypass or breach any security device or protection used by Superion Solutions or access or use the
Superion Solutions other than by an Authorized User through the use of his or her own then valid access;
6.4. input, upload, transmit, or otherwise provide to or through the Superion Systems, any information or
materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;
6.5. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the
Superion Systems, or Superion's provision of services to any third party, in whole or in part;
6.6. remove, delete, alter, or obscure any trademarks, Specifications, Documentation, warranties, or
disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices
from any Documentation or Superion Solutions, including any copy thereof;
6.7. access or use the Superion Solutions in any manner or for any purpose that infringes, misappropriates,
or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any
applicable law;
6.8. access or use the Superion Solutions for purposes of competitive analysis of the Superion Solutions, the
development, provision, or use of a competing software service or product or any other purpose that is
to Superion's detriment or commercial disadvantage or otherwise access or use the Superion Solutions
beyond the scope of the authorization granted under this Section.
7. Customer Obligations.
7.1. Customer Systems and Cooperation. Customer shall at all times during the Term: (a) set up, maintain,
and operate in good repair all Customer Systems on or through which the Superion Solutions are
accessed or used; (b) provide Superion Personnel with such access to Customer's premises and
Customer Systems as is necessary for Superion to perform the Support Services in accordance with the
Support Standards and Specifications; and (c) provide all cooperation as Superion may reasonably
request to enable Superion to exercise its rights and perform its obligations under and in connection with
this Agreement.
7.2. Effect of Customer Failure or Delay. Superion is not responsible or liable for any delay or failure of
performance caused in whole or in part by Customer's delay in performing, or failure to perform, any of
its obligations under this Agreement.
7.3. Corrective Action and Notice. If Customer becomes aware of any actual or threatened activity prohibited
by Section 6, Customer shall, and shall cause its Authorized Users to, immediately: (a) take all reasonable
and lawful measures within their respective control that are necessary to stop the activity or threatened
activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any
unauthorized access to the Superion Solutions and permanently erasing from their systems and
destroying any data to which any of them gained unauthorized access); and (b) notify Superion of any
such actual or threatened activity.
8. Professional Services.
8.1. Compliance with Customer Policies. While Superion Personnel are performing services at Customer's
site, Superion will ensure that such personnel comply with Customer's reasonable security procedures
and site policies that are generally applicable to Customer's other suppliers providing similar services and
that have been provided to Superion in writing or in advance. Customer shall promptly reimburse
Superion for any pre -approved out-of-pocket costs incurred in complying with such procedures and
policies.
8.2. Contributed Material. In the process of Superion's performing Professional Services, Customer may, from
time to time, provide Superion with designs, plans, or specifications, improvements, works or other
material for inclusion in, or making modifications to, the Superion Solutions, the Documentation or any
other deliverables ("Contributed Material"). Customer grants to Superion a nonexclusive, irrevocable,
perpetual, transferable right, without the payment of any royalties or other compensation of any kind and
without the right of attribution, for Superion, Superion's Affiliates and Superion's licensees to make, use,
sell and create derivative works of the Contributed Material.
SUPERION
29
9. Confidentiality,
9.1. Confidential Information. "Confidential Information" means information in any form or medium (whether
oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, including
information consisting of or relating to the Disclosing Party's technology, trade secrets, know-how,
business operations, plans, strategies, customers, and pricing, and information with respect to which the
Disclosing Party has contractual or other confidentiality obligations. Without limiting the foregoing,
Confidential Information of Superion includes the Superion Solutions, ail software provided with the
Superion Solutions, and algorithms, methods, techniques and processes revealed by the Source Code
of the Superion Solutions and any software provided with the Superion Solutions. In connection with this
Agreement each party (as the "Disclosing Party") may disclose or make available Confidential
Information to the other party (as the "Receiving Party"). It shall be the Disclosing Party's responsibility
to identify Confidential Information as such to the extent commercially reasonable and practical to do so
for purposes of facilitating compliance by the Receiving Party.
9.2. Exclusions. Confidential Information does not include information that: (a) was rightfully known to the
Receiving Party without restriction on use or disclosure prior to being disclosed or made available to the
Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public
other than by the Receiving Party or any of its Representatives' noncompliance with this Agreement; (c)
was or is received by the Receiving Party on a non -confidential basis from a third party that was or is
independently developed by the Receiving Party without reference or use of any Confidential Information.
9.3. Protection of Confidential Information. As a condition to being provided with any disclosure of or access
to Confidential Information, the Receiving Party shall:
9.3.1. not access or use Confidential Information other than as necessary to exercise its rights or
perform its obligations under and in accordance with this Agreement;
9.3.2. not disclose or permit access to Confidential Information other than to its Representatives who:
(i) need to know such Confidential Information for purposes of the Receiving Party's exercise of
its rights or performance of its obligations under and in accordance with this Agreement; (ii) have
been informed of the confidential nature of the Confidential Information and the Receiving Party's
obligations under this Section; and (iii) are bound by written confidentiality or restricted use
obligations at least as protective of the Confidential Information as the terms in this Section;
9.3.3. safeguard the Confidential Information from unauthorized use, access, or disclosure using at
least the degree of care it uses to protect its sensitive information and in no event less than a
reasonable degree of care;
9.3.4. ensure its Representatives' compliance with, and be responsible and liable for any of its
Representatives' non-compliance with, the terms of this Section.
9.4. Compelled Disclosures. If the either Party or any of its Representatives is compelled by applicable law to
disclose any Confidential Information then, to the extent permitted by law, that Party shall: (a) promptly,
and prior to such disclosure, notify the other Party in writing of such requirement so that they can seek a
protective order or other remedy or waive its rights under Section .3; and (b) provide reasonable
assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other
limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and
assistance required under this Section, the Receiving Party remains required by law to disclose any
Confidential Information, the Receiving Party shall disclose only that portion of the Confidential
Information that the Receiving Party is legally required to disclose.
9.5. Trade Secrets. Notwithstanding any other provisions of this Agreement, the Receiving Party's obligations
under this Section with respect to any Confidential Information that constitutes a trade secret under any
applicable law will continue until such time, if ever, as such Confidential Information ceases to qualify for
trade secret protection under one or more such applicable laws other than as a result of any act or
omission of the Receiving Party or any of its Representatives.
10. Security.
10.1. Superion will implement commercially reasonable administrative, technical and physical safeguards
designed to ensure the security and confidentiality of Customer Data, protect against any anticipated
threats or hazards to the security or integrity of Customer Data, and protect against unauthorized access
or use of Customer Data. Superion will review and test such safeguards on no less than an annual basis.
iC SUPERION
30
10.2. Customer shall maintain, in connection with the operation or use of the Superion Solutions, adequate
technical and procedural access controls and system security requirements and devices, necessary for
data privacy, confidentiality, integrity, authorization, authentication and non -repudiation and virus
detection and eradication.
10.3. To the extent that Authorized Users are permitted to have access to the Superion Solutions, Customer
shall maintain agreements with such Authorized Users that adequately protect the confidentiality and
Intellectual Property Rights of Superion in the Superion Solutions and Documentation, and disclaim any
liability or responsibility of Superion with respect to such Authorized Users.
11. Personal Data. If Superion processes or otherwise has access to any personal data or personal information
on Customer's behalf when performing Superion's obligations under this Agreement, then:
11.1. Customer shall be the data controller (where "data controller" means an entity which alone orjointly with
others determines purposes for which and the manner in which any personal data are, or are to be,
processed) and Superion shall be a data processor (where "data processor" means an entity which
processes the data only on behalf of the data controller and not for any purposes of its own);
11.2. Customer shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant
personal data or personal information to Superion so that Superion may lawfully use, process and transfer
the personal data and personal information in accordance with this Agreement on Customer's behalf,
which may include Superion processing and transferring the relevant personal data or personal
information outside the country where Customer and the Authorized Users are located in order for
Superion to provide the Superion Solutions and perform its other obligations under this Agreement; and
11.3. Superion shall process personal data and information only in accordance with lawful and reasonable
instructions given by Customer and as set out in and in accordance with the terms of this Agreement; and
11.4. Each party shall take appropriate technical and organizational measures against unauthorized or unlawful
processing of the personal data and personal information or its accidental loss, destruction or damage so
that, having regard to the state of technological development and the cost of implementing any measures,
the measures taken ensure a level of security appropriate to the harm that might result from such
unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal
data and personal information and the nature of the personal data and personal information being
protected. If necessary, the parties will cooperate to document these measures taken.
12. Representations and Warranties.
12.1. Software Warranty. Superion warrants to Customer that for a period of twelve (12) months from the Go -
Live Date, the Superion Solutions (as delivered to Customer by Superion and when properly used for the
purpose and in the manner specifically authorized by this Agreement), will perform as described in the
Documentation in all material respects, including being free from any viruses or Harmful Code.
12.2. Professional Services Representation and Warranty. Superion represents, warrants, and covenants to
Customer that during the Term, Superion will perform Professional Services using personnel of required
skill, experience, and qualifications and in a professional and workmanlike manner in accordance with
generally recognized industry standards for similar services and will devote adequate resources to meet
its obligations under this Agreement. If Customer reasonably believes that any Professional Services
were performed in violation of this warranty, it will notify Superion within thirty (30) days of service
performance describing the issue, together with adequate supporting documentation and data. Upon
receipt of such notice, Superion's obligation will be to re -perform the particular Professional Services
affected as soon as commercially reasonable at no additional charge
12.3. Support Services Representation and Warranty. Superion represents, warrants, and covenants to
Customer that during the Term, Superion will perform the Support Services using personnel of required
skill, experience, and qualifications and in a professional and workmanlike manner in accordance with
both generally recognized industry standards including applicable local authority, laws or codes specified
by Customer for similar services, and the specific guidance for support found in Exhibit 2, and will devote
adequate resources to meet its obligations under this Agreement. If Customer reasonably believes that
any Support Services failed to meet this warranty, they will follow their preferred escalation path outlined
in the Support Standards below, including receipt of service credit.
12.4. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH
ABOVE, SUPERION MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH
SUPERION
31
REGARD TO THE SUPERION SOLUTIONS, PROFESSIONAL SERVICES, SUPPORT SERVICES,
AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, AND THAT SUPERION
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHER, INCLUDING ALL
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND
SPECIFICALLY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT. FURTHER, SUPERION EXPRESSLY
DOES NOT WARRANT THAT A SUPERION SOLUTION, ANY CUSTOM MODIFICATION OR ANY
IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE SUPERION SOLUTION OR CUSTOM
MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN SUPERION PERSONNEL, OR
WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE
WITH ANY HARDWARE OR SOFTWARE TO THE EXTENT EXPRESSLY SET FORTH IN THE
DOCUMENTATION. ALL THIRD -PARTY MATERIALS ARE PROVIDED "AS -IS" AND ANY
REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN
CUSTOMER AND THE THIRD -PARTY OWNER. THIS AGREEMENT DOES NOT AMEND, OR
MODIFY SUPERION'S WARRANTIES UNDER ANY AGREEMENT OR ANY CONDITIONS,
LIMITATIONS, OR RESTRICTIONS THEREOF.
13. Notices. All notices and other communications required or permitted under this Agreement must be in writing
and will be deemed given when delivered personally, sent by United States registered or certified mail, return
receipt requested; transmitted by facsimile or email confirmed by United States first class mail, or sent by
overnight courier. Notices must be sent to a Party at its address shown below, or to such other place as the
Party may subsequently designate for its receipt of notices in writing by the other Party.
If to Superion: Superion
If to Customer:
14. Force Majeure.
1000 Business Center Dr.
Lake Mary, FL.
Phone: 407-304-3235 email: info(o)superion.com
Attention: Senior Counsel / Contracts Department
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Phone:
Attention:
email:
14.1. No Breach or Default. Neither Party will be liable to the other for any failure or delay in fulfilling or
performing any term of this Agreement (except for any payment obligation) when and to the extent such
failure or delay is caused by any circumstances beyond such Party's reasonable control (a "Force
Majeure Event"), including Acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion,
national or regional emergency, riot or other civil -unrest, acts and omissions of third parties,
governmental and judicial action (including embargoes, export or import restrictions) not the fault of the
Party failing or delaying in performance.
14.2. Affected Party Obligations. In the event of any failure or delay caused by a Force Majeure Event, the
affected Party shall give prompt written notice to the other Party stating the period of time the occurrence
is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize
the effects of such Force Majeure Event.
15. Mutual Indemnification.
15.1. Superion Indemnification. Superion shall indemnify, defend, and hold harmless Customer and Customer's
officers, elected officials, directors, employees, agents, successors, and assigns from and against any
and all losses incurred by or resulting from any Action by a third party (other than an Affiliate of Customer)
that Customer's use of the Superion Solutions in accordance with this Agreement infringes or
misappropriates such third party's US Intellectual Property Rights, US patents, copyrights, or trade
secrets. The foregoing obligation does not apply to the extent that the alleged infringement arises from:
15.1.1. Third -Party Materials or Customer Data;
15.1.2. access to or use of the Superion Solutions in combination with any hardware, system, software,
network, or other materials or service not provided by Superion or specified for Customer's use
in the Documentation;
SUPER ION
32
15.1.3. modification of the Superion Solutions other than: by or on behalf of Superion or with Superion's
written approval in accordance with Superion's written specification;
15.1.4. failure to timely implement any modifications, upgrades, replacements, or enhancements made
available to Customer by or on behalf of Superion; or
15.1.5. act, omission, or other matter described in Section 15.2 below, whether or not the same results
in any Action against or losses by any Superion Indemnitee.
15.2. Customer Indemnification. Customer shall indemnify, defend, and hold harmless Superion and its
officers, directors, employees, agents, successors, and assigns from and against any and all losses
incurred by Superion resulting from any Action by a third party (other than an Affiliate of Superion) that
arise out of or result from, or are alleged to arise out of or result from:
15.2.1. Customer Data, including any Processing of Customer Data by or on behalf of Superion in
accordance with this Agreement;
15.2.2. Gross negligence or more culpable actor omission (including recklessness or willful misconduct)
by Customer, any Authorized User, or any third party on behalf of Customer or any Authorized
User, in connection with this Agreement.
15.3. Procedure. Each party shall promptly notify the other party in writing of any Action for which such party
believes it is entitled to be indemnified. The party seeking indemnification shall cooperate with the other
party at that party's sole cost and expense. The indemnitor shall promptly assume control of the defense
and shall employ counsel of its choice that is reasonably acceptable to the indemnitee to handle and
defend the same.
15.4. Sole Remedy. THIS SECTION SETS FORTH CUSTOMER'S SOLE REMEDIES AND SUPERION'S
SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT
THE SERVICES AND SUPERION SOLUTIONS OR ANY SUBJECT MATTER OF THIS AGREEMENT
INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY
RIGHTS OF ANY THIRD PARTY.
16. Termination. This Agreement may be terminated:
16.1. For cause by either Party, effective on written notice to the other Party, if the other Party materially
breaches this Agreement and: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty
(30) days after the non -breaching Party provides the breaching Party with written notice of such breach.
16.2. For lack of payment by written notice to Customer, if Customer's failure to pay amounts due under this
Agreement has continued more than ninety (90) days after delivery of written notice of non-payment.
17. Effect of Termination or Expiration. On the expiration or earlier termination of this Agreement:
17.1. all rights, licenses, and authorizations granted to Customer hereunder will immediately terminate and
Customer shall immediately cease all use of and other activities with respect to Superion's Confidential
Information relating to the Superion Solutions, and within thirty (30) days deliver to Superion, or at
Superior's request destroy and erase Superion's Confidential Information from all systems Customer
directly or indirectly controls; and
17.2. all licenses, access or subscription fees, services rendered but unpaid, and any amounts due by
Customer to Superion of any kind are immediately payable and due no later than thirty (30) days after
the effective date of the termination or expiration, including anything that accrues within those thirty days.
17.3. The provisions set forth in the following sections, and any other right or obligation of the parties in this
Agreement that, by its nature (including but not limited to: Use Restrictions, Confidential Information,
Warranty Disclaimers, Mutual Indemnifications & Limitations of Liability), should survive termination or
expiration of this Agreement, will survive any expiration or termination of this Agreement.
17.4. Return of Customer Data. Superion shall within 60 days following such expiration or termination, deliver
to Customer in a format as requested by Customer the then most recent version of Customer Data
maintained by Superion, provided that Customer has at that time paid all Fees then outstanding and any
amounts payable after or as a result of such expiration or termination.
17.5. Deconversion. In the event of (i) expiration or earlier termination of this Agreement, or (ii) Customer no
longer purchasing certain Superion Solutions (including those indicated to be Third -Party Materials), if
Customer requests assistance in the transfer of Customer Data to a different vendor's applications
("Deconversion"), Superion will provide reasonable assistance. Superion and Customer will negotiate in
good faith to establish the relative roles and responsibilities of Superion and Customer in effecting
`k' SUPERION �..
33
Deconversion, as well as the appropriate date for completion. Superion shall be entitled to receive
compensation for any additional consultation, software and documentation required for Deconversion on
a time and materials basis at Superion's then standard rates.
18. Assignment. Customer shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer
any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by
operation of law, or otherwise, without Superion's prior written consent, which consent shall not be unreasonably
withheld or delayed. For purposes of the preceding sentence, and without limiting its generality, any merger,
consolidation, or reorganization involving Customer (regardless of whether Customer is a surviving or
disappearing entity) will be deemed to be a transfer of rights, obligations, or performance under this Agreement
for which Superion's prior written consent is required. No delegation or other transfer by a Party will relieve the
transferring Party of any of its obligations or performance under this Agreement. Any purported assignment,
delegation or transfer in violation of this Section is void. This Agreement is binding upon and inures to the
benefit of the Parties and their respective permitted successors and assigns.
19. No Waiver. A Party's failure to enforce its rights with respect to any single or continuing breach of this
Agreement will not act as a waiver of the right of that Party to later enforce any such rights or to enforce any
other or any subsequent breach.
20. Arbitration of Disputes. Intentionally Omitted
21. Jurisdiction and Governing Law. This Agreement and any dispute or claim arising, directly or indirectly, out
of or in connection with it or its subject matter or formation (including non -contractual disputes or claims) is
governed by, and shall be construed and enforced in accordance with, the laws of the State of Washington
excluding choice of law. Each party irrevocably (i) agrees that a County or Circuit Court in in and for King
County, Washington, or the United States District for the King County, Washington, shall have exclusive
jurisdiction to settle any dispute, controversy or claim arising, directly or indirectly, out of or in connection with
this Agreement, or the breach, termination or validity thereof (including non -contractual disputes or claims) and
that such court shall be the proper venue therefor and (ii) agrees that the prevailing party shall be entitled to
recover its reasonable attorney's fees, court costs and other legal expenses from the other party.
22. Severability. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the
Agreement and the remaining provisions of the Agreement will remain in full force and effect.
23. LIMITATIONS OF LIABILITY.
23.1. LIMITED LIABILITY OF SUPERION. SUPERION'S LIABILITY IN CONNECTION WITH THE
SERVICES, IMPROVEMENTS OR ANY OTHER MATTER RELATING TO THIS AGREEMENT WILL
NOT EXCEED THREE TIMES THE FEES THAT CUSTOMER ACTUALLY PAID TO SUPERION IN
CONNECTION WITH THIS AGREEMENT FOR THE INITIAL TERM OR RENEWAL TERM WHEN THE
RELEVANT ACTIONS LEADING TO SUCH LIABILITY AROSE. IN ANY EVENT, SUPERION SHALL
NOT BE LIABLE FOR ANY LOSSES RESULTING FROM THE CRIMINAL ACTS OF THIRD PARTIES.
23.2. EXCLUSION OF DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN
FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL SUPERION, SUPERION
PERSONNEL, SUBCONTRACTORS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION
WITH THIS AGREEMENT FOR ANY (1) LOSS OF DATA, BUSINESS, REVENUE, PROFIT,
GOODWILL, OR REPUTATION, (11) BUSINESS INTERRUPTION, INCREASED COSTS, OR
DIMINUTION IN VALUE, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER
BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE; AND WHETHER OR NOT SUPERION, SUPERION PERSONNEL,
SUBCONTRACTORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
23.3. BASIS OF THE BARGAIN. CUSTOMER ACKNOWLEDGES THAT SUPERION HAS SET ITS FEES
AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY
AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT,
AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
24. Third -Party Materials. Customer is hereby advised that Superion provides front-line support services for third
parties, but these third parties assume all responsibility for and liability in connection with the Third -Party
Materials. Superion is not authorized to make any representations or warranties that are binding upon the third
party or to engage in any other acts that are binding upon the third party, excepting specifically that Superion is
authorized to represent the fees for the Third -Party Materials as the same is provided for in the Agreement and
F;4 SUPERION
34
to accept payment of such amounts from Customer on behalf of the third party for as long as such third party
authorizes Superion to do so. As a condition precedent to installing or accessing any Third -Party Materials,
Customer may be required to execute a click -through, shrink-wrap EULA or similar agreement provided by the
Third -Party Materials provider.
25. Entire Agreement; Amendment and Modification. This Agreement contains the entire understanding of the
parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written
communications between the parties about its subject matter. Any purchase order, agreement, or other
ordering document issued by Customer at any time for any reason, will not modify or affect this Agreement nor
have any other legal effect notwithstanding the inclusion of any additional or different terms or conditions in any
such ordering document and shall serve only the purpose of identifying the products or services ordered. No
modification of this Agreement will be effective unless it is in writing, is signed by each Party, and expressly
provides that it amends this Agreement.
26. No Third -Party Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective
successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any
other person any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.
27. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all
of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered
by facsimile, e-mail, or other means of electronic transmission is deemed to have the same legal effect as
delivery of an original signed copy of this Agreement.
28. Cooperative Purchases. This Contract may be used by other government agencies. Superion has agreed
to offer similar services to other agencies under the same terms and conditions as stated herein except that
the compensation may be negotiated between Superion and other agencies based on the specific revenue
expectations, agency reimbursed costs, and other agency requirements. The Customer will in no way
whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of
purchases by such agencies.
29. Incorporated Exhibits to this Agreement:
29.1. Exhibit 1 — Project Cost Summary
29.2. Exhibit 2 - Maintenance & Support Standards
29.3. Exhibit 3 — Travel Expense Guidelines
29.4. Exhibit 4 - Statement of Work
29.5. Exhibit 5 - Vendor Security Requirements
29.6. Exhibit 6 - Data Protection and Information Security
y8"SUPERION �.
35
36
SUPERION
EXHIBIT 1
Protect Cost Summary
Cloud/Hosted Fees
Product Name
Quantity
Amount
Community Development SaaS Standard -Contract Startup Fee
1
10,000.00
Community Development SaaS Standard
30
38,162.10
Citizen Engagement SaaS
1
7,500.00
Fusion Subscription SaaS
1
3,500.00
Total
59,162.10
Professional Services
Installation & Configuration
Product Name
Amount
Community Development Installation
2,800.00
Internet Installation
2,100.00
Fusion Subscription Services
1,440.00
Total
6,340.00
Development & Conversion
Product Name
Amount
Fusion Subscription Services
2,700.00
Total
2,700.00
Training
Product Name
Amount
Internet Training
1,280.00
Fusion Subscription Services
3,240.00
Total
4,520.00
Project Management
Product Name
Amount
Community Development Project Management
320.00
Internet Project Management
1,920.00
Fusion Subscription Services
1,440.00
Total
3,690.00
Total Professional Services
17,240.00
Summary
Product/Service
Amount
Cloud/Hosted Annual Access Fees
49,162.10
Contract Startup Fees
10,000.00
Professional Services
17,240.00
Subtotal
76,402.10 USD
Services Discounts
8,820.00 USD
Hosted/Cloud Fees Discount
10,000.00 USD
Total
57,592.10 USD
Note: Pricing for Professional Services is a good faith estimate based on the information available to Superion at the time of execution of this Agreement.
The total amount that Customer may pay for these services can vary based on the actual number of hours required to complete the services. If required,
additional services will be provided on a time and materials basis at mutually agreed upon price rates for the services at issue.
37
Annual Access Fees Year 2 - $57,750.00
Annual Access Fees Year 3 - $60,637.50
Beginning in Year 4, Annual Access Fees shall be limited to a 3% escalation per year.
PAYMENT TERMS:
ONE TIME FEES
a. Start -Up Fees are due 30 calendar days after mutual execution of this Agreement.
b. Superion Professional Services Fees are due as follows: Specific Milestone Payments are due upon
completion of the respective deliverables associated with each individual Milestone Payment. Non -Milestone
Project Planning, Project Management, Consulting, Technical Services and Conversion are due on the
Execution Date. Training Fees, Travel & Living expenses and all other Professional Services are due as
incurred monthly. During the Initial Term, the applicable rates for Professional Services shall be the same as
the rates quoted hereunder for the same categories of Professional Services, for onshore resources, as
follows:
Training $160
Project Management $160
Basic Consulting $160
High Level Consulting $225
Development $200
Technical Services $200
Installation $175
Analytics $22
If offshore resources are used for Professional Services, Superion will notify the Customer of the
rates in advance for approval.
RECURRING FEES
c. The Annual Access Fee is due: on the Execution Date, and annually thereafter on the anniversary of the Go
Live Date per the fees listed above.
ANCILLARY FEES
d. Reimbursement of travel and living expenses will be governed by Exhibit 3 ("Travel Expense Guidelines")
attached hereto and will be invoiced monthly in arrears and due within forty-five (45) days from date of
invoice.
e. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are
not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such
taxes, Customer must provide Superion valid proof of exemption; otherwise, Superion will invoice Customer
and Customer will pay to Superion all such tax amounts.
f. If Customer fails to make any payment when due, then Superion may charge interest on the past due
amount at the rate of one-half percent (0.5%) per month calculated daily and compounded monthly,
or, if lower, the highest rate permitted under applicable law; and If such failure continues for 90 days
following written notice thereof, Superion may suspend performance or access until past due amounts
have been paid.
SUPERION
SUPERION
EXHIBIT 2
Support Standards (CLOUD/ASP)
1. Superion Cloud Security Program
1.1. Access & Continuity. Logical access restrictions
include VLAN data segregation, extensive deny -by -
default access control lists, and Multi -Factor
authentication required for System Administration.
Business continuity is prioritized via daily encrypted
backup stored offsite, virtual tape backup
technology to counter loss of physical media, and
full replication to disaster recovery site, with
redundancy an availability through multiple carriers.
1.2. Security & Monitoring. SSL and IPSEC VPN with
256 bit encryption, web application firewalls, multi -
layered infrastructure model with recorded internal
and external CCTV, card access control, best of
breed HVAC/fire suppression/physical security,
and backed by 24-7 x 365 monitoring by a staffed
operations facility for: Intrusion detection &
prevention, DDOS mitigation, and automated
network incident creation and escalation.
1.3. Testing Audits & Compliance. 3,d party internal,
external, perimeter vulnerability and penetration
testing. Centrally managed patching, OS hardening
program, and endpoint protection on all servers.
Industry standard compliance includes annual
completion of: SSAE18/ISAE Data Center Audit,
SSAE18 Operations Audit, PCI-DSS Compliance
Audit, Vulnerability Testing & CVSS Audit, and
Control Self -Assessment Audit.
at�catcbb*,�y , � R�►�TY���plr fAICP
�4�a:
® srartsop sas�oa°�
2. Service Level Commitments
2.1. Target. In each Service Period, the target for availability of the Superion Solutions is 99.99% ("Availability
Target"). "Service Period" means 24 hours per day Monday through Sunday each calendar month that
Customer receives the Superion Solutions, excluding Sundays between 12:00 AM and 12:00 PM Eastern
Time for scheduled maintenance. During this time, Customers may experience intermittent interruptions.
Superion will make commercially reasonable efforts to minimize the frequency and duration of these
interruptions and Superion will notify the Customer if the entire maintenance window will be required.
2.2. Support Terms. Beginning on the Execution Date and continuing for twelve (12) months thereafter ("Initial
Support Term"), Superion shall provide the ongoing Support Services described herein for the
corresponding Fees outlined in Exhibit 1. Upon expiration of the Initial Support Term, ongoing Support
Services shall automatically renew, with customer paying for additional annual support periods, each a
("Renewal Support Term"). This renewal will continue until termination of this Agreement provided that,
Superion shall not give notice of termination if it would be effective prior to a period equal to two times the
Agreement's Initial Term.
39
2.3. Measurement. Service availability is measured as the total time that the Superion Solutions are available
during each Service Period for access by Customer ("Service Availability"). Service Availability
measurement shall be applied to the production environment, and the points of measurement for all
monitoring shall be the servers and the Internet connections at Superion's hosted environment. Superion
has technology monitoring, measuring, and recording Service Availability. The Customer, at their discretion,
may also employ monitoring tools, not to override Superion's measurements for the purposes of calculating
Service Availability. Additionally, the use must be:
2.3.1.1. mutually agreed upon by Superion and the Customer.
2.3.1.2. paid, installed and maintained by the Customer.
2.3.1.3. non-invasive and may not reside on Superion's systems.
2.4. Calculation. Service Availability for a given month shall be calculated using the following calculation:
2.4.1. The total number of minutes which the service was NOT available in a given month shall be subtracted
from the total number of minutes available in the given month. The resulting figure is divided by the
total number of minutes available in the given month.
2.4.2. Service Availability Targets are subject to change due to the variance of the number of days in a month.
2.4.3. The total number of minutes which the service was NOT available in a given month shall exclude
minutes associated with Sunday outage window or for security patches that require emergency
maintenance.
2.5. Remedy. If the Service Period target measurement is not met then the Customer shall be entitled to a credit
calculated as follows:
Service Availability in the relevant
Service Period
Percentage Reduction in Monthly Fee for
the Subsequent Service Period
Less than 99.9% but greater than or equal to 99.0%
5%
Less than 99.0% but greater than or equal to 95.0%
25%
Less than 95%
50%
2.6. If not directly reported by Superion, credit entitlement must be requested by the Customer within sixty (60) days
of the failed Target. Customer shall not be entitled to offset any monthly Superion Solutions fee payments, nor
withhold fee payments, on account of a pending credit. Customer shall not be eligible for credits for any period
where Customer is more than thirty (30) days past due on their account. Superion will provide reporting, showing
performance and service levels. Credits will be calculated and offset from Customer's monthly or annual
Solutions fee payment, and Superion will separately provide a record of credits to the Customer.
2.7. Chronic Outage. Subject to the exclusions set forth in Section 8 herein, in the event the Customer experiences
Service Availability that is below 95.0% for any four (4) or more months in a rolling twelve (12) month period,
Customer shall have the right to claim that Superion is in material breach of the Agreement and may terminate
this Agreement in accordance with Section 16.1, excluding the rights and opportunity to cure provided under
Section 16.1(ii).
3. Server Performance & Capacity.
3.1. Superion shall provide sufficient server capacity for the duration of this hosting Agreement to meet the
reasonable performance requirements for the number of concurrent system users provided for in this
Agreement. If the Customer requests, at some later date, to add additional Superion Solutions, increase user
licenses, increase storage or processing requirements, and/or request additional environments, these requests
will be evaluated and if additional resources are required to support modifications, additional fees may apply.
In the event, Service Availability is below 99.9% for any three (3) or more months in a rolling twelve (12) month
period, Superion shall deploy additional server and network capacity to meet the performance requirements of
this Agreement at no additional expense to the Customer.
3.2. "In -network" is defined as any point between which the data packet enters the Superion environment and
subsequently departs the Superion environment. Any point of communications outside of the Superion
protected network environment shall be deemed as "out -of -network." Superion is not responsible for Internet
connectivity and/or performance out -of -network.
4. System Maintenance.
4.1. Superion Solutions maintenance and upgrades. Superion will provide all hosted systems and network
maintenance as deemed appropriate and necessary by Superion. Maintenance and upgrades will be scheduled
SUPERION
10 days in advance with the Customer's primary contact if they fall outside of the designated hours set aside
for this function of Sundays from 12:OOAM to 12:00 PM.
4.2. Hardware maintenance and upgrades. Hardware maintenance and upgrades will be performed outside of the
Customer's standard business hours of operation and the Customer will be notified prior to the upgrade.
4.3. Emergency maintenance. Emergency situations will be handled on a case -by -case basis in such a manner as
to cause the least possible disruption to overall system operations and availability without negatively affecting
system stability and integrity. Superion will attempt to notify the Customer promptly, however if no contact can
be made, Superion management may deem it necessary to move forward with the emergency maintenance.
5. Incident Response. Incidents are defined as interruptions to existing service and can range in priority from urgent
to low depending on the impact to the Customer. Superion will make commercially reasonable efforts to respond to
Suoerion Solutions incidents for live production systems usinq the followinq guidelines:
Priority
Impact
Description
Performance Target
Minimum
Level
Performance
Goal %
1
Urgent
An Incident that results in loss
Superion will respond via a Support
95%
of Customer connectivity to all
Service Representative within 1 hour of t
of the Superion Solutions or
issue being reported with an initial
results in loss, corruption or
assessment for rectification, with a
damage to Customer's Data.
progress report twice per day.
2
Critical
An Incident that has an
Superion will respond via a Support
95%
adverse material impact on
Service Representative within 2 hours of
the performance of the
the issue being reported with an initial
Superion Solutions or
assessment for recitificaiton, with a
materially restricts Customer's
progress report once per day
day-to-day operations.
3
Non-
An Incident that does not
Superion will respond via a Support
95%
Critical
result in a failure of the
Service Representative within 4 hours of
Superion Solutions but a fault
the issue being reported with an initial
exists that restricts the
assessment for rectification, with a
Customer's use of the
progress report every 3 business days.
Superion Solutions.
4
Minor
An Incident that does not
Superion will respond via a Support
95%
affect or which has minimal
Service Representative within 24 hours o
adverse impact on the use of
the issue being reported.
the Superion Solutions.
5.1. Restoration Times. Superion shall track and report on responses from a Support Services representative and
resolution time for application and hosting support issues identified by the Customer, as follows: Priority 1 = 4
hours; Priority 2 = 1 business day; Priority 3 = 5 days; and Priority 4 = 10 days.
6. Disaster Recovery. Superion provides disaster recovery services for Superion Solutions. The costs for these
disaster recovery services are included in the monthly fees. In the event that a disaster renders the Customer's
data center inaccessible or non-functional, Superion will provide the ability to connect to the appropriate data center
using software provided by Superion. This will allow the Customer to connect to their systems from a remote site to
the previously identified critical functions, however functionality may be diminished due to lack of access to
hardware and/or software located in the Customer's facilities.
7. Exceptions. Superion shall not be responsible for failure to carry out its service and maintenance obligations under
this Agreement if the failure is caused by adverse impact due to:
7.1. defectiveness of the Customer's environment, Customer's systems, or due to Customer corrupt, incomplete, or
inaccurate data reported to the Superion Solutions, or documented Defect.
7.2. denial of reasonable access to Customer's system or premises preventing Superion from addressing the issue.
SUPERION
41
7.3. material changes made to the usage of the Superion Solutions by Customer where Superion has not agreed to
such changes in advance and in writing or the modification or alteration, in any way, by Customer or its
subcontractors, of communications links necessary to the proper performance of the Superion Solutions.
7.4. a force majeure event, or the negligence, intentional acts, or omissions of Customer or its agents.
8. Incident Resolution. Actual response times and resolutions may vary due to issue complexity and priority. For
critical impact level and above, Superion provides a continuous resolution effort until the issue is resolved.
9. Service Requests. Service requests are new requests that will take less than 8 hours to accomplish, For new
requests that require additional time, Superion will prioritize these requests, and determine if extra time is needed
to order equipment or software. Superion will respond via a Support Service Representative within 3 business days
to service requests.
10. Non -Production Environments. Superion will make commercially reasonable efforts to provide non -production
environment(s) during Customer business hours. Non -production environments are not included under the metrics
or service credit schedules discussed in this Exhibit.
10.1.Maintenance. All forms of maintenance to be performed on non -production environments will follow the exact
structure and schedules outlined above in Section 3 for regular System Maintenance.
10.2.Incidents and service requests. Non -production environment incidents are considered priority 3 or 4, dictated
by circumstances and will be prioritized and scheduled similar to production service requests.
11. Responsibility Summary Matrix.
Responsibility Summary Matrix
Description
Superion
Res onsi ility
Customer
Responsibility
ASP Server Hardware management
X
ASP Server Files stem management
X
ASP Server OS upgrades and maintenance
X
ASP Database product upgrades and maintenance
X
ASP V Party product upgrades and maintenance
X
Application Update Installation
Request to install application updates
X
Installation of application updates
X
ASP Backup Management
X
Data and or File restoration
Request to restore data and or files
X
Restoration of data and or files
X
Network
ASP Network up to and including the router at Superion's location
X
ASP Router at Customer's location
X
Customer's network up to the router at Customer's location
X
Customer Workstations
X
System Performance
X
X
Add/Change users
User add/change requests
X
User add/change implementation for System Access
X
User add/change implementation for Superion Solutions
X
Add/Change Printers
Printer add/change- euests
X
Printer add/change implementation on ASP network
X
Printer add/change implementation for Superion Solutions
X
Disaster Recovery
X
Password Management
X
X
Application Management
Application Configuration
X
42, SUPERION
Application Security Management
X
Accuracy and Control of Data
X
Security
Intrusion and Penetration Testing
X
12. Virtual Private Network (VPN) Concentrator. If Customer's desired system configuration requires the use of a
VPN concentrator, including router, this will be provided by Superion. It will reside at Customer's location but is, and
shall remain the property of Superion.
13. Customer Cooperation. Customer may be asked to perform problem determination activities as suggested by
Superion. Problem determination activities may include capturing error messages, documenting steps taken and
collecting configuration information. Customer may also be requested to perform resolution activities including, for
example, modification of processes. Customer agrees to cooperate with such requests, if reasonable.
14. Training. Outside the scope of training services purchased, if any, Customer is responsible for the training and
organization of its staff in the operation of the Superion Solutions.
15. Development Work. The Support Standards do not include development work either (i) on software not licensed
from Superion or (ii) development work for enhancements or features that are outside the documented functionality
of the Superion Solutions, except such work as may be specifically purchased and outlined in Exhibit 1. Superion
retains all Intellectual Property Rights in development work performed and Customer may request consulting and
development work from Superion as a separate billable service.
16. Telephone Support & Support Portal
16.1.Hours. Superion shall provide to Customer, Monday through Friday, 8:00 A.M. to 5:00 P.M Eastern Time,
excluding holidays, at 800-695-6915, option 141, to answer or respond to calls and web portal inquiries.
Superion shall provide to Customer, during the Support Hours, commercially reasonable efforts in solving errors
reported by the Customer as well as making available an online support portal. Customer shall provide to
Superion reasonably detailed documentation and explanation, together with underlying data, to substantiate
errors and to assist Superion in its efforts to diagnose, reproduce and correct the error. This support shall be
provided by Superion at Customer location(s) if and when Superion and Customer agree that on -site services
are necessary to diagnose or resolve the problem. Customer must provide Superion with such facilities,
equipment and support as are reasonably necessary for Superion to perform its obligations under this
Agreement, including remote access to the Specified Configuration
16.2. Releases. Customer shall promptly install and/or use any Release provided by Superion to avoid or mitigate a
performance problem or infringement claim. All modifications, revisions and updates to the Superion Solutions
shall be furnished by means of new Releases of the Superion Solutions and shall be accompanied by updates
to the Documentation whenever Superion determines, in its sole discretion, that such updates are necessary.
16.3.Case Number and Escalation. Measured from the momenta Case number is created. As used herein a "Case
number" is created when a) a Superion support representative has been directly contacted by Customer either
by phone, in person, or through Superion's online support portal, and b) when Superion's support
representative assigns a case number and conveys that case number to the Customer. An incident must be
reported and recorded in Superion's support system, and any associated escalation for resolution of the Case
Number will proceed as follows:
a. Support Manager
b. Support Director or Director of Cloud
c. Assigned CSM (Customer Success Manager
d. Support VP
e. Public Administration General Manager
f. COO of Compan
g. CTO of Compan
h. CEO of Compan
SUPERION
43
m
",t SUPERION
v v
EXHIBIT 3
Travel Expense Guidelines
Superion will adhere to the following guidelines when incurring travel expenses:
All arrangements for travel are to be made through the Superion Corporate Travel Agent unless other
arrangements have been made with the Customer and are documented in writing.
AIR TRAVEL — Superion will use the least expensive class of service available with a minimum of seven (7) day,
maximum of thirty (30) day, advance purchase. Upon request, Superion shall provide the travel itinerary as the
receipt for reimbursement of the airfare and any fees. Fees not listed on the itinerary will require a receipt for
reimbursement.
Trips fewer than 250 miles round are considered local. Unless a flight has been otherwise approved by the
Customer. Customer will reimburse the current IRS approved mileage rate for all local trips.
LODGING —Superion will use the most reasonable accommodations possible, dependent on the city. All movies,
and phone/internet charges are not reimbursable.
RENTAL CAR — Compact or Intermediate cars will be required unless there are three or more Superion
employees sharing the car in which case the use of a full size car is authorized. Gas is reimbursable however,
pre -paid gas purchases will not be authorized and all rental cars are to be returned with a full tank of gas. Upon
request, receipts for car rental and gas purchases will be submitted to Customer. Superion shall decline all rental
car insurance offered by the car rental agency as staff members will be covered under the Superion auto insurance
policy. Fines for traffic violations are not reimbursable expenses.
OTHER TRANSPORTATION — Superion staff members are expected to use the most economical means for
traveling to and from the airport (Airport bus, hotel shuttle service). Airport taxi or mileage for the employee's
personal vehicle (per IRS mileage guidelines) are reimbursable if necessary. Upon request, receipt(s) for the taxi
will be submitted to Customer. Proof of mileage may be required and may be documented by a readily available
electronic mapping service. The mileage rate will be the then -current IRS mileage guideline rate (subject to change
with any change in IRS guidelines).
OTHER BUSINESS EXPENSES — Parking at the airport is reimbursable. Tolls to and from the airport and while
traveling at the Customer site are reimbursable. Tipping on cab fare exceeding 15% is not reimbursable, Porter
tips are reimbursable, not exceeding $1.00 per bag. Laundry is reimbursable when travel includes a weekend day
or Company Holiday and the hotel stay is four nights or more. Laundry charges must be incurred during the trip
and the limit is one shirt and one pair of pants/skirt per day. With the exception of tips, receipts shall be provided
to Customer upon request for all of the aforementioned items.
MEALS — Standard per Diem. Subject to change due to cost of living.
SUPERION
45
sUPERION
...........
EXHIBIT 4
Statement of Work
This document is the Statement of Work (SOW) and contains the approach for the implementation of
CentralSquare's Technology's ("CentralSquare") Public Administration Community Development migration
(Community Development Solution). This upgrade is solely related to the services expressly identified in the
Solutions Agreement (the "Agreement") for the City of Tukwila, Washington (the "Customer"). CentralSquare will
provide implementation services identified in the Agreement and as further described in this SOW to assist the
Customer in implementing the software solution. The SOW is an attachment incorporated as part of the Agreement
signed by CentralSquare and the Customer, and all actions directed herein shall be performed in accordance with
the aforementioned Agreement.
This SOW is intended to be a planning and control document, not the detailed requirements or design of the
Community Development Solution.
The purpose of this project is to migrate the Customer's current TRAKiT9 software to CentralSquare's Community
Development software. The project scope is comprised of the Community Development Solution applications and
services identified in the Agreement and further described throughout this SOW. Anything not specifically
designated in the Agreement or SOW should be considered out of scope and not part of this project.
Covered software does not include hardware, hardware vendor operating systems and/or other system software,
Customer developed software, or third -party software. CentralSquare will deliver computer software and database
structure for SQL/Server database.
The following list depicts the Community Development Solution modular applications and number of licensed
users associated with the Agreement.
Community Development
• Permitting
• Projects and Planning
• Code Compliance
• Land Management (includes Basic GIS)
• Citizen Response Management
• Mobiles
• Fusion
• Citizen Engagement
• Integrated Voice Response (IVR)
2.2 Services Scoff e'y
The following outlines the proposed services for the project management, installation, configuration, training,
testing, and other services work necessary for the implementation of the Community Development Solution and
represents a good -faith estimate based on our knowledge at time of the Agreement.
SUPERION
SUPERION
Service Description
Engagement
High Level Tasks
Key Deliverables
Completion of this following tasks are
1. Project Management
accomplished through a combination of onsite
Plan
and remote visits:
2. Integrated Project
• Kick -Off meeting
Schedule
• Formal discovery sessions at start of
3. Communication Plan
project
4. Decision Workbook
• Detailed scope and contract review
o Discovery/design and workflow
Planning/Project
review
Initiation/Analysis
o Conversion scope review
• Assignment of project team and identify
key team members
• Identify improvement opportunities
through a workflow analysis
• Collaboratively develop a project
schedule that drives implementation
Remote installation tasks consisting of the
5. Monthly Status Report
following:
6. Issues Log
Software installation
7. Risk Register
Application installation
Network architecture review
Monitoring and
Comprehension design and configuration task
Control/
for the software solution:
Configuration
Creation of workflow
Report development
System configuration
Data converted
Third -party software Integration, where
applicable
Shared responsibilities for the following tasks:
8. Test Workbook
System validation
Application tests
Integration testing
Parallel testing
Testing
Completion of the following tasks are
accomplished through a combination of onsite
and distance learning sessions:
End user training
System administration training
Tasks to be completed at or near the end of the
9. Go Live Plan
implementation project:
10. Services to
Deployment/
Mock Go Live/Go Live Readiness review
Support/CSM Project
Closeout
Go Live activities
Closeout Report
Complete project documentation
Transition to support team
Transition to customer success manager
SUPERION _ _._ ,..::..__.....
IYA
SUPERION
Service Assumptions
CentralSquare is implementing a Commercially Available Off -the -Shelf solution.
Customer and CentralSquare expect that this SOW may be modified from time to time as mutually agreed, given
that CentralSquare may be provided or may obtain a more thorough understanding of Customer's existing
policies, practices, and operations through the post -contract planning and discovery process.
Customer and CentralSquare will jointly develop the detailed and fully integrated project plan and schedule. Any
significant or material changes to the project, once the project plan is finalized, may result in the need for a
change order.
Customer may obtain the services of an additional consultant to provide project review, advice, and consultation
at their own cost. CentralSquare will make every attempt to cooperate with the efforts of this consultant within
the context of Customer's participation, deliverable review, and approval timeframes identified within this SOW
and the Agreement.
Both the Customer and CentralSquare will furnish resources with appropriate skills and experience to handle the
roles and responsibility described in this SOW.
CentralSquare is not responsible for quality of Customer's legacy data or for the correction or resolution of data
quality issues unless previously agreed upon.
Customer's existing reports (SSRS and/or Word) will be upgraded and migrated to the Community Development
Solution.
Customer's Python and SQL scripts will be updated and revised.
Customer Responsibilities
• Customer will change business processes as necessary to maximize efficiencies in the Community
Development Solution.
• Customer will make resources available to assist as needed to fulfill the responsibilities herein.
• Customer will form a Project Team and will make their Project Team members available for meetings; consulting
and training sessions; discussions and conference calls; and, other related project tasks or events requested
by CentralSquare, or as indicated in the project plan.
• Customer Project Team members will respond to information requests from CentralSquare staff in a timely
manner as to minimize delays in the project.
• Customer Project Manager, Project Team, Subject Matter Experts, and other key personnel (as determined
by Customer) will participate in the Kick -Off Meeting.
• Customer will cooperate with CentralSquare Project Manager to develop a mutually agreeable schedule and
agenda for the workflow discovery.
• Customer will review recommendations in the Workflow Analysis Report and attend the scheduled
presentation of the findings. Customer will submit written questions or requests for clarification/revision to the
CentralSquare Project Manager within five (5) business days of the presentation.
• Customer will participate in planning activities (conference calls, emails) with CentralSquare Application
Installation Consultant and Technical Lead.
• Customer will designate a representative as the Project Team's Project Manager. The Project Manager will
be the primary point of contact for project coordination throughout the project.
• Customer will provide adequate breakout and conference space, as well as an adequate workspace for each
onsite CentralSquare consultant, with access to network, Wi-Fi, telephone, and close proximity to the
Customer Project Team.
• Customer will provide adequate training space and computers for the scheduled training throughout the
project. The training spaces will include fully functioning networked computers, meeting the required
CentralSquare hardware standards. CentralSquare may consider alternative meeting options such as WebEx,
video conferencing, remote desktop, and conference calls when appropriate.
• Customer will act as the primary point of contact with non-CentralSquare third parties, including other vendors,
state agencies, and local agencies that control products and/or databases with which CentralSquare products
are to be interfaced.
• Customer will provide expertise in third -party data, data mapping, and data validation.
•• ci incninN!
48
Y SUPERION
• Customer will be responsible for validating all data transferred into the Community Development Solution and
data transferred from Community Development Solution into other third -party applications.
• Customer application owners will participate in testing activities.
• Customer will provide verification and validation of the converted data into the designated non -production
environment according to the Test Plan.
• Approval to proceed: Customer will provide sign off of the converted data set in a non -production environment,
approving the cycle to be completed in a production environment.
• Customer will identify and schedule appropriate personnel to attend training.
• Customer will complete all tasks on the Customer Go Live preparation checklist in the designated timeframes.
• Customer Project Manager and other key personnel (as determined by Customer) provide support and
assistance throughout Go Live event.
• Final conversion sign off: Customer will provide sign off of the converted data set into the production
environment.
Out of Scope
• Development of ad hoc reports.
• Modifications to baseline reports, forms, web pages.
This project scope includes services to migrate the core solution only. Any additional cost associate with
interfaces or integrations between CentralSquare Community Development and other third party solutions are
not in scope.
CentralSquare and Customer will conduct the following Installation as part of this project.
Tasks
Name
Description
Customer Role
CentralSquare Role
1)
Installation
Initial Installation of
0 Attend
0 Discovery Call
CentralSquare's Community
Discovery Call
0 Complete
Development Solution
install and
software
data migration
2)
Test Account
Test Account Creation is the
a Validate
0 Create Test
Creation
creation of the test account
Account
Account
which is cloned from the pre-
production environment.
Assumptions
• CentralSquare will provide the Community Development Solution software.
• Production Environment may have up to 4 application servers.
• CentralSquare will create one (1) Production Account and one (1) Test Account as part of the Agreement.
Additional accounts will require additional hours added under separate quote by mutual written agreement
at CentralSquare's prevailing rates.
o Production Environment may have up to 4 application servers
o Test, Development, and any Additional Environments will each have (1) application server
• System Administrative training comes standard with all the Community Development Solution installations
which will be completed remotely. CentralSquare will train Customer on doing a data refresh from
Production to other environments as part of admin training.
Roles and Responsibilities
CentralSquare:
• Load files and perform initial configuration of all licensed CentralSquare applications, including base and add -
on modules, and interfaces to third -party applications. Configuration includes activating appropriate modules,
q'SUPERION
i •
r SUPERION
table set up, and selection of mandatory configuration settings based on combination of CentralSquare
applications purchased.
• Set up test environment as mirror copy of the production environment.
• Conduct knowledge transfer of installation/set up procedures to Customer IT staff and/or other designated
personnel responsible for set up and maintenance of end -user computers (4-6 people maximum).
• Conduct a test to verify that CentralSquare applications have been installed and configured successfully,
operating properly, and are ready to begin the implementation and configuration process. Note: Not all
CentralSquare components may be ready at this point, for a full test, but a reasonable effort ensures
CentralSquare components are ready for the next step in the process. CentralSquare installation services will
ensure that all needed components are prepared and ready prior to conducting subsequent activities for the
specific application area according to the agreed upon Project Schedule.
Customer:
• Participate in planning activities (conference calls, emails) with CentralSquare Application Installation
Consultant and Technical Lead.
• Attend knowledge transfer sessions focusing on how to prepare workstations or mobile computers to run
CentralSquare applications.
The purpose of the project governance is to define the resources required to adequately establish the business
needs, objectives and priorities of the project, communicate the goals to other Project participants and provide
support and guidance to accomplish these goals. Project governance also defines the structure for issue
escalation and resolution, change control review and authority, and organizational change management activities.
The preliminary governance structure establishes a clear escalation path when issues and risks require escalation
above the Project Manager level. Further refinement to the structure, the process and specific roles and
responsibilities may occur throughout the project. Changes to the governance will be mutually agreed upon,
properly documented, and communicated to all impacted parties.
Organizational change management plays a vital role in achieving high levels of user adoption and realization of
benefits from efficiencies gained during prescriptive process changes throughout the implementation. Managing
the organizational change acceptance through the establishment of a formal Change Management Team is a key
function that drives project success.
Customer Personnel
Sponsorship Team (ST)
The Customer's ST provides support to the project by allocating resources, providing strategic direction,
communicating key issues about the project and the project's overall importance to the organization. When called
upon, the ST will also act as the final authority on all escalated project issues. The ST engages in the project, as
needed, to provide necessary support, oversight, guidance, and escalation, and may participate in day-to-day
activities in their normal job roles. The ST will empower the Product Owner, Project Manager, Change Manager,
Project Management Team and the functional team leads to make critical business decisions for the Customer.
Specifically, the ST will:
• Understand and support the cultural change necessary for the project
• Oversee the project team and the project as a whole
• Participate in regular meetings so it is current on all project progress, project decisions, and achievement
of project milestones
• Communicate the importance of the project to City departments along with other department directors
and the Change Manager.
SUPERION _.
S V 1 E R 10 1 •
A
• Be responsible for making timely decisions on critical project or policy issues.
The Project Management Team (PMT)
This team is made up of the Customer Project Manager and subject matter experts from major departments within
the organization. It will meet on a regular basis to monitor that overall project goals are realized. This team will
formulate strategy to the execution of the project plan and make decisions and recommendations regarding project
activities, changes, resources, issues, and risks. This team will also provide oversight and guidance for Change
Management, ensuring project and change management activities are properly aligned with overall objectives. In
short, this team will serve as a liaison between the Steering Committee and the day-to-day activities of the project.
Meeting frequency between this group and the CentralSquare Project Manager will be defined in the
Communications Plan.
Product Owner
The Product Owner (PO) is the management level resource that will be responsible for accurately communicating
the requirements, assumptions and constraints of the business unit to the team. The work performed by the PO
will include the clarification of business requirements, testing and communication of project status to staff. The
PO will work closely with the City's PM and Central Square's PM.
• The Customer's Product Owner will communicate and reinforce the vision
• Collaborate with stakeholders and the team to define and communicate the roadmap
• Collaborate with the Change Management Team
• Clarify requirements and priorities with stakeholders and team
• Manage the Functional Team Leads and SMEs
Project Manager
The Customer's Project Manager will:
• Be the primary contact for the project
• Coordinate Customer's project team members
• Coordinate all CentralSquare activities with the CentralSquare Project Manager
• Coordinate the subject matter experts (SMEs) at the City
• Be responsible for reporting to the ST
• Ensure all deliverables are reviewed on a timely basis by the Customer
• Co -manage the overall implementation schedule with the CentralSquare Project Manager
• Collaborate with the Change Management Team
Functional Team Leads
Customer project team members will work under the direction of the designated Functional Team Leads for each
area in the system. The functional leads have detailed subject matter expertise and are empowered to make or
obtain from the SC appropriate business process and configuration decisions in their respective areas.
The functional leads are tasked, by the Customer Project manager, with carrying out all project tasks described
in the SOW including business process analysis, configuration, documentation, testing, training, and all other
required Customer tasks. The functional leads will be responsible for and empowered to implement the new
system in the best interests of the Customer consistent with the project goals, project vision, and direction from
the Project Manager, the PMT and the ST.
Subject Matter Experts (SMEs)
SUPERION
51
SUPERION
SMEs have special, in-depth knowledge of Customer's current legacy systems and processes. Their opinions will
be sought in defining business needs, test requirements, and software functionality. During the implementation,
the Customer's SMEs will dedicate a considerable amount of their time to the project because they may be
involved in multiple roles, including participating in training and other workshops, conducting end user training,
reviewing project deliverables, performing various testing tasks, etc.
Quality Assurance Team (QAT)
The Customer will form a OAT made up of individual(s) who will participate in the review and acceptance of each
CentralSquare deliverable and conduct periodic project health checks to ensure tasks are completed on time, on
budget and to the satisfaction of the Customer. Furthermore, the OAT will work closely with the Project Manager
to ensure all contractual matters are in compliance and services delivered are in accordance with the terms and
conditions of the CentralSquare/Customer agreement as well as with the SOW.
Assumptions:
• The Customer may have multiple staff providing the roles outlined above and the same staff providing
multiple roles.
CentralSquare Personnel
Project Sponsor
CentralSquare Project Sponsor will have indirect involvement with the project and is part of the escalation process.
The sponsor will offer additional support to the CentralSquare project team and collaborate with other third -party
consultants who are involved on this project. Specifically, the Project Sponsor will:
• Provide support to Project Managers in reporting project progress to ST.
• Approve and sign -off on any material changes to project scope or staffing changes.
Project Manager
The CentralSquare Project Manager will coordinate all project activities with the Customer and perform the
following:
• Serve as the point person for all project issues (the first escalation point)
• Be responsible for project performance, deliverables as they are outlined in the SOW, and the milestones.
• Provide periodic updates to the Customer's ST and the PMT.
• Fulfill Go Live dates
• Support the Customer Project Manager in monitoring and reporting overall implementation progress
• Monitor and report progress on CentralSquare's responsibilities on a weekly basis
• Immediately notify the Customer Project Manager, the PMT and the ST of any issue that could delay the
project
• Ensure Software installation occurs as per the project schedule.
• Schedule CentralSquare Staff according to the project plan.
• Facilitate coordination between all CentralSquare departments.
• Monitor the work plan and schedule and make course corrections as necessary.
• Prepare bi-weekly status reports along with notes from meetings and calls.
• Develop meeting agendas.
• Provide issue resolution status, tracking, and procedures.
• Identify personnel, equipment, facilities and resources that will be required to perform services by
CentralSquare.
N'_ SUPER ION
52`
Functional Leads (Consultants, Developers, and Technical resources)
• Install application in agreed upon environments.
• Work with the Customer functional leads and SMEs to design and configure the functional components
of the Community Development Solution software for optimal long-term use.
• Document decisions made during configuration in the weekly site reports.
• Lead the Community Development Solution software configuration with assistance from the Customer's
functional leads.
• Check that software operates after configuration as per its documentation.
• Assist with the resolution of issues and tasks.
• Schedule the training of the Customer functional leads and SMEs during the configuration of software.
• Provide and assist with data conversion guides.
• Create and deliver interface programs according to Customer specifications and this SOW.
• Provide training on security and assist with set up.
• Provide training on workflow and assist with set up.
• Provide samples of and training on the creation of forms and reports.
Project Oversight
The CentralSquare Project Management Organization (PMO) will provide Project Oversight throughout the project
life cycle.
Assuring a project of this type is progressing as outlined in the project management plan and is achieving the
goals of the Customer is critical to overall project success and eventual adoption of the system by all stakeholders.
Said oversite includes, but is not necessarily limited to:
• Providing assistance with any areas of high risk identified throughout the project.
• Holding a monthly meeting with the Customer PMT to discuss and assess their view of the project
progress.
• Communicating any challenges internally to leadership throughout CentralSquare's organization to assist
in resolving issues.
• Providing feedback to CentralSquare project staff and CentralSquare PMO on the results of the oversight
activities.
• Helping identify lessons learned that can improve performance on future phases.
• Issues that will impact the quality, timeline, and overall goals will be identified, tracked, resolved and
documented in the Issues/Tasks Log. These issues will be presented to the PMT and the SC during the
regular cadence meetings as required.
The Customer will review, approve and provide written acceptance for all Milestones outlined in the Agreement
by following the below process:
• The Customer will identify in writing any required changes, deficiencies, and/or additions necessary, within
fifteen (15) business days from the form being delivered to the customer for each completed Deliverable,
unless the review timeframe is deemed to be insufficient for a proper review. In such cases, the Customer
Project Manager will request an extension in writing to the CentralSquare Project Manager, and the parties
will mutually agree to a reasonable alternative to the original deadline.
SUPERION
53
..SUPERION
• CentralSquare will review deliverables which are not approved and create a plan to address the
deficiencies. Once the deliverable has been corrected or the milestone achieved, a revised completion
form will be submitted. The Customer will then review the deliverable or milestone and provide any
additional comments on any required changes, deficiencies, and/or additions necessary within ten (10)
business days from the updated completion form being delivered to Customer. Again, if the review
timeframe is deemed to be insufficient for a proper review, the Customer Project Manager will request an
extension in writing to the CentralSquare Project Manager, and the parties will mutually agree to a
reasonable alternative to the original deadline. This process will be repeated until the Customer grants
approval and signoff on the deliverable or milestone.
• Upon approval of the deliverable or milestone, the Customer Project Manager will sign the completion
form and return it to CentralSquare Project Manager.
The Customer and CentralSquare should anticipate challenging issues to arise throughout the implementation
process due to the complex magnitude of this project. In order for these issues to be remedied in a timely fashion,
the Customer and CentralSquare will utilize the following Dispute Resolution Procedure:
All communication regarding the project should be directed to the respective Project Managers of CentralSquare
and the Customer to maintain consistent communication between the parties. Scheduled weekly calls/meetings
will be maintained between the two Project Managers and the Customer's PMT.
All issues or concerns will be discussed actively and openly between all parties. If issues begin to interfere with
the progression of the implementation project, the Customer and/or CentralSquare should escalate issues to
CentralSquare management in the sequence below, as needed:
Name and Role
='h 0`4
;?
Michael DiOrio, Sr. Director of
Professional Services
407-304-3024
George Slyman, Sr. Director of
Professional Services
360-303-9362
Aydin Asil, VP Professional Services
604-340-1720
S Ij �, ' w:u�.a 4,r�Lg l h II�a i ;4voff)e o �V6...:+��.m.._
The Customer and CentralSquare may request a change to this scope of work by following the process outlined
in the Agreement.
SUPERION
�a
SUPERION
EXHIBIT 5
Vendor Security Requirements
Introduction
During the term of this agreement, the vendor shall operate an information security program designed to
meet the confidentiality, integrity, and availability requirements of the service or product being supplied. The
program shall include at a minimum the following security measures.
1. Information Security Policy: vendor shall develop, implement, and maintain an information security
policy and shall communicate the policy to all staff and contractors.
2. Information Security Accountability: vendor shall appoint an employee of at least manager level who
shall be accountable for the overall information security program.
3. Risk Management: vendor shall employ a formal risk assessment process to identify security risks
which may impact the products or services being supplied, and mitigate risks in a timely manner
commensurate with the risk.
4. Asset Inventory: vendor shall maintain an inventory of all hardware and software assets, including
asset ownership.
5. Data Classification: vendor shall develop, implement, and maintain a data classification scheme and
process designed to ensure that data is protected according to its confidentiality requirements.
6. Supplier Security Assessments: vendor shall engage in appropriate due diligence assessments of
potential suppliers which may impact the security of the services or products being supplied.
7. Security in Supplier Agreements: vendor shall ensure that agreements with suppliers who may impact
the security of the services or products being supplied contain appropriate security requirements.
8. Information Security Awareness: vendor shall develop and implement an information security
awareness program designed to ensure that all employees and contractors receive security education
as relevant to theirjob function.
9. Background Checks: vendor shall conduct appropriate background checks on all new employees based
on the sensitivity of the role that they are being hired for.
Identity Management, Authentication and Access Controi
55
✓, v
SUPERION
10. Authentication: vendor shall ensure that all access, by employees or contractors, to its information
systems used to provide services or products being supplied shall require appropriate authentication
controls that at a minimum will include:
a. Strong passwords or multi -factor authentication for users
b. Multi -factor authentication for all remote access
11. Authorization: vendor shall ensure that all access to its information systems used to provide services
or products being supplied shall be approved by management.
12. Privileged Account Management: vendor shall appropriately manage and control privileged accounts
on its information systems that at a minimum will include:
a. Use of dedicated accounts for privileged activity
b. Maintaining an inventory of privileged accounts
13. Access Termination: vendor shall develop and maintain a process designed to ensure that user access
is revoked upon termination of employment, or contract for contractors.
14. Encryption: vendor shall ensure that all laptops, mobile devices, and removable media, including those
that are owned by vendor employees or contractors, which may be used to store, process, or transport
organizational data are encrypted at all times. [Scoping guideline: this requirement may be removed if
the vendor is not expected to possess any confidential or sensitive organizational data)
15. Secure Disposal: vendor shall ensure that all media which may be used to store, process, or transport
organizational data is disposed of in a secure manner. [Scoping guideline: this requirement may be
removed if the vendor is not expected to possess any confidential or sensitive organizational data]
_ %i me na i l
16. Security Requirements: vendor shall ensure that information security requirements are defined for all
new information systems, whether acquired or developed.
17. Separation of Environments: vendor shall ensure that development and testing environments are
separate from their production environment.
18. Data Anonymization: vendor shall ensure that [Company's name]'s data will not be used in the
development or testing of new systems unless the data is appropriately anonymized.
19. Secure Coding: vendor shall ensure that all applications are developed with secure coding practices,
including OWASP Top 10 Most Critical Web Application Security Risks.
Viy iysical and Environmental Security
20. Risk Assessment: vendor shall use a formal risk assessment methodology to identify physical and
environmental threats and shall implement controls to minimize the risks.
21. Hardening: vendor shall develop and implement security configuration baselines for all endpoint and
network devices types.
22. Network Segregation: vendor shall segregate its network into zones based on trust levels, and control
the flow of traffic between zones.
SUPERION
±SUPER ION
23. Anti-Malware: vendor shall ensure that all information systems that are susceptible to malware are
protected by up-to-date anti-malware software.
24. Wireless Access Control: vendor shall ensure that wireless network access is protected, including at a
minimum:
a. All wireless network access should be encrypted
b. All wireless network access to the production network should be authenticated using multi -
factor authentication such as machine certificates
c. Wireless network access for personal devices and guest access should be segregated from the
production network
25. Patching: vendor shall evaluate, test, and apply information system patches in a timely fashion
according to their risk.
26. Backup and Recovery: vendor shall implement a backup and recovery process designed to ensure that
data can be recovered in the event of unexpected loss.
27. Logging: vendor shall ensure that security event logging requirements been defined, and that all
information systems are configured to meet logging requirements.
28. Intrusion Detection: vendor shall deploy intrusion detection or prevention systems at the network
perimeter.
29. URL Filtering: vendor shall deploy tools to limit web browsing activity based on URL categories.
30. Denial of Service Protection: vendor shall deploy control to detect and mitigate denial of service
attacks.
Security Continuous Monitorin.
31. Security Monitoring: vendor shall deploy automated tools to collect, correlate, and analyze security
event logs from multiple sources, and monitor them for suspected security incidents.
32. Vulnerability Assessments: vendor shall conduct vulnerability assessments against all Internet -facing
information systems on a regular basis, no less often than quarterly.
33, Penetration Testing: vendor shall perform penetration tests on all web applications and services, in
accordance with standard penetration testing methodologies, on a regular basis, no less often than
annually.
information Security Incident
34. Incident Response: vendor shall develop, implement, and maintain an information security incident
response process, and will test the process on a regular basis, no less often than annually.
57
` ��||F�F-F�|r,�K]
�-� �� �� |~' [� |^� | �.�|`�
EXHIBIT
Data Protection and Information Security
This Data Protection and Information Security Exhibit ("Exhibit") is an attachment to the Superion Solutions
Agreement and sets forth the data protection and information security requirements of City of Tukwila. This
Exhibit includes byreference the terms and conditions ofthe Agreement. |nthe event ofany inconsistencies
between this Exhibit and the Agreement, the par -ties agree that the terms and conditions of the Exhibit will
prevail. Throughout the term of the Agreement and for as long as Superion controls, possesses, stores,
transmits, or processes Confidential Information as part of the Services provided to City of Tukwila, Superion will
comply with the requirements set forth in this Exhibit. Any breach of this Exhibit will be deemed a material
breach under the Agreement.
1. Definitions
"Authorized Personnel" for the purposes of this Exhibit. means Superion'a employees orsubcontractors who: (i)
have a need to receive or access Confidential Information or Personal Information to enable Superion to
perform its obligations under the Agreement; and (ii) are bound in writing with Supe/ion by confidentiality
obligations sufficient for the protection of Confidential Information and Personal Information in accordance with
the terms and conditions set forth inthe Agreement and this Exhibit.
"Common Software Vulnerabilities" (CSV) are application defects and errors that are commonly exploited in
software. This includes but iunot limited to:
(i) The CVVE/SANGTop 25Programming Errors —see and
(ii) The Open Web Application Security Project's (OWASP) "Top Ten Project" — see
"Confidential Information" is as defined in the Agreement, and includes Personal Information; provided that,
Personal Information shall remain Confidential Information even if at the time of disclosure or collection, or later,
itioorbecomes known tothe public.
"Industry Standards" mean generally recognized industry standards, best pnactioao, and benchmarks including
but not limited ho�
(i) Payment Card Industry Data Security Standards ("PC| DSE")—see
(ii) National Institute for Standards and |eonnmogy—aeo
(iii) ISO /|EC27OOO'oorieo—see
(iv) COB|T5
(v) CyberSecurity Framework
(vi) Cloud Security Alliance —see
(vii) Other standards applicable to the services provided by Superion to CITY OF TUKWILA
"Information Protection Laws" mean all applicable |ooa|, atate, federal statutes and regulations applicable to
Supehon or City ofTukwila pertaining to data 000urity, oonfidentia|ity, privaoy, and breach notification.
"Personal Information" also known as Personally Identifiable Information (PU), in information of CITY OF
TUKVV|LA uuutoxnaro, employees and subcontractors or their devices gathered or used by Supohon that can be
used on its own or combined with other information to identify, contact, or locate a person, or to identify an
individual in context. Examples of Personal Information include neme, enoio| security number ornational
identifier. biometric records, driver's license number, either alone or when combined with other personal or
identifying information which is linked or linkable to a specific individual, such as date and place of birth,
mother's maiden name, etc. The definition of Personal Information defined under applicable state or federal |avv
inthe event cfnSecurity Incident shall govern.
"Security Incident" iaany actual orsuspected occurrence of:
.SUPER10N
(i) Unauthorized access, use, alteration, disclosure, loss, theft of, or destruction of Confidential
Information or the systems / storage media containing Confidential Information
(ii) Illicit or malicious code, phishing, spamming, spoofing
(iii) Unauthorized use of, or unauthorized access to, Superion's systems
(iv) Inability to access Confidential Information or Superion systems as a result of a Denial of
Service (DOS) or Distributed Denial of Service (DDOS) attack
(v) Loss of Confidential Information due to a breach of security
"Security Vulnerability" is an application, operating system, or system flaw (including but not limited to
associated process, computer, device, network, or software weakness) that can be exploited resulting in a
Security Incident.
2. Roles of the Parties and Compliance with Information Protection Laws
As between THE CITY OF TUKWILA and Superion, THE CITY OF TUKWILA shall be the principal and
Superion shall be its agent with respect to the collection, use, processing and disclosure of all Confidential
Information. The Parties shall comply with their respective obligations as the principal (e.g., data
owner/controller/covered entity) and agent (e.g., data processor/business associate/trading partner) under all
Information Protection Laws. The Parties acknowledge that, with respect to all Confidential Information
processed by Superion for the purpose of providing the Services under this Agreement:
a) THE CITY OF TUKWILA shall determine the scope, purpose, and manner in which such Confidential
Information may be accessed or processed by Superion, and Superion shall limit its access to or use of
Confidential Information to that which is necessary to provide the Services, comply with applicable laws,
or as otherwise directed by THE CITY OF TUKWILA;
b) Each party shall be responsible for compliance with Information Protection Laws in accordance with
their respective roles; and
c) Superion and THE CITY OF TUKWILA shall implement the technical and organizational measures
specified in this Exhibit and any additional procedures agreed upon pursuant to a Statement of Work
("SOW") to protect Confidential Information against unauthorized use, destruction or loss, alteration,
disclosure or access.
3. General Security Requirements
Superion will have an information security program that has been developed, implemented and maintained in
accordance with Industry Standards. At a minimum, Superion's information security program will include, but
not be limited to, the following elements:
3.1 Information Security Program Management. Superion will have or assign a qualified member of its
workforce or commission a reputable third -party service provider to be responsible for the development,
implementation and maintenance of Superion's enterprise information security program.
3.2 Policies and Standards. To protect THE CITY OF TUKWILA's Confidential Information, Superion will
implement and maintain reasonable security that complies with Information Protection Laws and meets
data security Industry Standards.
a) Security Policies and Standards. Superion will maintain formal written information security policies and
standards that:
(i) Define the administrative, physical, and technological controls to protect the confidentiality,
integrity, and availability of Confidential Information, THE CITY OF TUKWILA systems, and
Superion systems (including mobile devices) used in providing Services to THE CITY OF
TUKWILA
(ii) Encompasses secure access, retention, and transport of Confidential Information
(iii) Provide for disciplinary or legal action in the event of violation of policy by employees or
Superion subcontractors and Superions
(iv) Prevent unauthorized access to CITY OF TUKWILA data, CITY OF TUKWILA systems, and
Superion systems, including access by Superion's terminated employees and subcontractors
SUPERION _._.---
59
SUPER ION
(v) Employ the requirements for assessment, monitoring and auditing procedures to ensure
Superion is compliant with the policies
(vi) Conduct an annual assessment of the policies, and upon CITY OF TUKWILA'S written request,
provide attestation of compliance.
b) In the SOW or other document, Superion will identify to THE CITY OF TUKWILA all third -party
Superions (including those providing subcontractors to Superion) involved in the provision of the
Services to THE CITY OF TUKWILA, and will specify those third -party Superions that will have access
to Confidential Information.
3.3 Security and Privacy Training. Superion, at its expense, will train new and existing employees and
subcontractors to comply with the data security and data privacy obligations under this Agreement and this
Exhibit. Ongoing training is to be provided at least annually and more frequently as appropriate or
requested by THE CITY OF TUKWILA. THE CITY OF TUKWILA may provide specific training material to
Superion to include in its employee/subcontractor training.
3.4 Access Control. Superion will reasonably ensure that THE CITY OF TUKWILA Confidential Information will
be accessible only by Authorized Personnel after appropriate user authentication and access controls
(including but not limited to two -factor authentication) that satisfy the requirements of this Exhibit. Each
Authorized Personnel shall have unique access credentials and shall receive training which includes a
prohibition on sharing access credentials with any other person. Superion should maintain access logs
relevant to THE CITY OF TUKWILA Confidential Information for a minimum of six (6) months or other
mutually agreed upon duration.
3.5 Data Backup. The parties shall agree in an SOW or other document upon the categories of THE CITY OF
TUKWILA Confidential Information that are required to be backed up by Superion. Unless otherwise
agreed to in writing by THE CITY OF TUKWILA, backups of CITY OF TUKWILA Confidential Information
shall reside solely in the United States. For the orderly and timely recovery of Confidential Information in
the event of a service interruption:
a) Superion will store a backup of Confidential Information at a secure offsite facility to meet needed data
recovery time objectives.
b) Superion will encrypt and isolate all CITY OF TUKWILA backup data on portable media from any
backup data of Superion's other customers.
3.6 Business Continuity Planning (BCP) and Disaster Recovery (DR). Superion will maintain an appropriate
business continuity and disaster recovery plan to enable Superion to adequately respond to, and recover
from business interruptions involving CITY OF TUKWILA Confidential Information or services provided by
Superion to CITY OF TUKWILA.
a) At a minimum, Superion will test the BCP & DR plan annually, in accordance with Industry Standards, to
ensure that the business interruption and disaster objectives set forth in this Exhibit have been met and
will promptly remedy any failures. Upon CITY OF TUKWILA's request, Superion will provide CITY OF
TUKWILA with a written summary of the annual test results.
b) In the event of a business interruption that activates the BCP & DR plan affecting the Services or
Confidential Information of CITY OF TUKWILA, Superion will notify CITY OF TUKWILA's designated
Security Contact as soon as possible.
c) Superion will allow CITY OF TUKWILA or its authorized third party, upon a minimum of thirty (30) days'
notice to Superion's designated Security Contact, to perform an assessment of Superion's BCP and DR
plans once annually, or more frequently if agreed to in an SOW or other document. Following notice
provided by CITY OF TUKWILA, the parties will meet to determine the scope and timing of the
assessment.
3.7 Network Security. Superion agrees to implement and maintain network security controls that conform to
Industry Standards including but not limited to the following:
a) Firewalls. Superion will utilize firewalls to manage and restrict inbound, outbound and internal network
traffic to only the necessary hosts and network resources.
SUPERION
SUPER ION
Y V
b) Network Architecture. Superion will appropriately segment its network to only allow authorized hosts
and users to traverse areas of the network and access resources that are required for their job
responsibilities.
c) Demilitarized Zone (DMZ). Superion will ensure that publicly accessible servers are placed on a
separate, isolated network segment typically referred to as the DMZ.
d) Wireless Security. Superion will ensure that its wireless network(s) only utilize strong encryption, such
as WPA2.
e) Intrusion Detection/Intrusion Prevention (IDS/IPS) System — Superion will have an IDS and/or IPS in
place to detect inappropriate, incorrect, or anomalous activity and determine whether Superion's
computer network and/or server(s) have experienced an unauthorized intrusion.
3.8 Application and Software Security. Superion, should it provide software applications or Software as a
Service (SaaS) to CITY OF TUKWILA, agrees that its product(s) will remain secure from Software
Vulnerabilities and, at a minimum, incorporate the following:
a) Malicious Code Protection. Superion's software development processes and environment must protect
against malicious code being introduced into its product(s) future releases and/or updates.
b) Application Level Security. Superion must use a reputable V party to conduct static/manual application
vulnerability scans on the application(s) software provided to CITY OF TUKWILA for each major code
release or at the time of contract renewal. An internally produced static/manual test from the Superion
will not be accepted. Results of the application testing will be provided to CITY OF TUKWILA in a
summary report and vulnerabilities categorized as Very High, High or that have been identified as part
of the OWASP top 10 and SANS top 25 within ten (10) weeks of identification.
c) Vulnerability Management. Superion agrees at all times to provide, maintain and support its software
and subsequent updates, upgrades, and bug fixes such that the software is, and remains secure from
Common Software Vulnerabilities.
d) Logging. Superion software that controls access to Confidential Information must log and track all
access to the information.
e) Updates and Patches. Superion agrees to promptly provide updates and patches to remediate Security
Vulnerabilities that are exploitable. Upon CITY OF TUKWILA's request, Superion shall provide
information on remediation efforts of known Security Vulnerabilities.
3.9 Data Security. Superion agrees to preserve the confidentiality, integrity and accessibility of CITY OF
TUKWILA Confidential Information with administrative, technical and physical measures that conform to
Industry Standards that Superion then applies to its own systems and processing environment. Unless
otherwise agreed to in writing by CITY OF TUKWILA, Superion agrees that any and all CITY OF TUKWILA
Confidential Information will be stored, processed, and maintained solely on designated systems located in
the continental United States. Additionally:
a) Encryption. Superion agrees that all CITY OF TUKWILA Confidential Information and Personal
Information will be encrypted with a Federal Information Processing Standard (FIPS) compliant
encryption product, also referred to as 140-2 compliant. Symmetric keys will be encrypted with a
minimum of 128-bit key and asymmetric encryption requires a minimum of 1024 bit key length.
Encryption will be utilized in the following instances:
• CITY OF TUKWILA Confidential Information and Personal Information will be stored on any
portable computing device or any portable storage medium.
• CITY OF TUKWILA Confidential Information and Personal Information will be transmitted or
exchanged over a public network.
b) Data Segregation. Superion will segregate CITY OF TUKWILA Confidential Information and Personal
Information from Superion's data and from the data of Superion's other customers or third parties.
3.10 Data Re -Use. Superion agrees that any and all data exchanged shall be used expressly and solely for the
purposes enumerated in the Agreement. Data shall not be distributed, repurposed or shared across other
applications, environments, or business units of Superion. Superion further agrees that no Confidential
Information of any kind shall be transmitted, exchanged or otherwise passed to other parties except on a
case -by -case basis as specifically agreed to in writing by CITY OF TUKWILA.
SUPERION
61
SUPERION
3.11 Data Destruction and Data Retention. Upon expiration or termination of this Agreement or upon CITY OF
TUKWILA's written request, Superion and its Authorized Personnel will promptly return to CITY OF
TUKWILA all CITY OF TUKWILA Confidential Information and/or securely destroy CITY OF TUKWILA
Confidential Information; provided, the CITY OF TUKWILA must agree to any such destruction. At a
minimum, destruction of data activity is to be performed according to the standards enumerated by the
National Institute of Standards, Guidelines for Media Sanitization - see http://csrc.nist.gov/. If destroyed, an
officer of Superion must certify to CITY OF TUKWILA in writing within thirty (30) business days all
destruction of CITY OF TUKWILA Confidential Information. If Superion is required to retain any CITY OF
TUKWILA Confidential Information or metadata to comply with a legal requirement, Superion shall provide
notice to both the general notice contact in the Agreement as well as CITY OF TUKWILA's designated
Security Contact. Parties agree AWS meets the destruction/overwrite policies contained within the NIS.
3.12 Audit. Upon a minimum of thirty (30) days' written notice to Superion, Superion agrees to provide a copy of
Superion's annual audit.
3.13 Security Testing. Superion will provide CITY OF TUKWILA reports of Superion's Penentration testing and
Static/Dynamic code analysis. Should any vulnerabilities be discovered, Superion agrees to notify CITY OF
TUKWILA and create a reasonable and mutually agreed upon remediation plan to resolve the
vulnerabilities identified. Superion will not permit access to Superion's code.
4. Security Incident / Data Breach
4.1 Security Contact. The individuals identified below shall serve as each party's designated Security Contact
for security issues under this Agreement.
CITY OF TUKWILA Security Contacts:
Network & Security Architect:
Bao Trinh
Bao.Trinh@TukwilaWA.gov
Mobile: 206552-1280
Director & CIO:
Joseph Todd
Joseph.Todd6a TukwilaWA.gov
Mobile: 206-850-9656
Superion Security Contact:
Name:
Address:
Phone:
4.2 Requirements. Superion will take commercially reasonable actions to ensure that CITY OF TUKWILA is
protected against any and all reasonably anticipated Security Incidents, including but not limited to:
(i) Superion's systems are continually monitored to detect evidence of a Security Incident
(ii) Superion has a Security Incident response process to manage and to take corrective
action for any suspected or realized Security Incident
(iii) Upon reasonable request Superion will provide CITY OF TUKWILA with a copy of its
Security Incident policies and procedures once a year. If a Security Incident affecting
CITY OF TUKWILA occurs, Superion, at its expense and in accordance with applicable
SUPERION
SUPER ION
Information Protection Laws, will immediately take action to prevent the continuation of
the Security Incident.
4.3 Notification. Within twenty four (24) hours of Superion's confirmation of an Incident which results in a data
breach affecting the clients data awareness of a Security Incident or other mutually agreed upon time
period, Superion will notify CITY OF TUKWILA of the incident by calling by phone the CITY OF TUKWILA
Security Contact(s) listed above.
Investigation and Remediation. Upon Superion's notification to CITY OF TUKWILA of a Security Incident,
the parties will coordinate to investigate the Security Incident. Superion shall be responsible for leading the
investigation of the Security Incident, but shall involve CITY OF TUKWILA to the extent CITY OF
TUKWILA's involvement is required in the investigation.
Superion will cooperate, at its expense, with CITY OF TUKWILA in any litigation or investigation deemed
reasonably necessary by CITY OF TUKWILA to protect its rights relating to the use, disclosure, protection
and maintenance of Confidential Information. Superion will reimburse CITY OF TUKWILA for actual costs
incurred by CITY OF TUKWILA in responding to, and mitigating damages caused by any Security Incident,
including all costs of notice and remediation which CITY OF TUKWILA, in its sole discretion, deems
necessary to protect such affected individuals in light of the risks posed by the Security Incident. Superion
will, at Superion's own expense, provide CITY OF TUKWILA with all information necessary for CITY OF
TUKWILA to comply with data breach recordkeeping, reporting and notification requirements pursuant to
Information Protection Laws. Superion will use reasonable efforts to prevent a recurrence of any such
Security Incident. Additionally, Superion will provide (or reimburse CITY OF TUKWILA) for at least one (1)
year of complimentary access for one (1) credit monitoring service, credit protection service, credit fraud
alert and/or similar services, which CITY OF TUKWILA deems necessary to protect affected individuals in
light of risks posed by a Security Incident.
4.4 Reporting. Superion will provide CITY OF TUKWILA with a final written incident report within five (5)
business days after resolution of a Security Incident or upon determination that the Security Incident cannot
be sufficiently resolved.
5. Confidential Information or Personal Information
5.1 Authorized Personnel. Superion will require all Authorized Personnel to meet Superion's obligations under
the Agreement with respect to Confidential Information or Personal Information. Superion will screen and
evaluate all Authorized Personnel and will provide appropriate privacy and security training, as set forth
above, in order to meet Superion's obligations under the Agreement. Upon CITY OF TUKWILA's written
request, Superion will provide CITY OF TUKWILA with a list of Authorized Personnel. Superion will remain
fully responsible for any act, error, or omission of its Authorized Personnel,
5.2 Handling of Confidential Information or Personal Information. Superion will:
(i) Keep and maintain all Confidential Information and Personal Information in strict
confidence in accordance with the terms of the Agreement
(ii) Use and disclose Confidential Information and/or Personal Information solely and
exclusively for the purpose for which the Confidential Information or Personal Information is
provided pursuant to the terms and conditions of the Agreement. Superion will not disclose
Confidential Information or Personal Information to any person other than to Authorized
Personnel without CITY OF TUKWILA's prior written consent, unless and to the extent
required by applicable law, in which case, Superion will use best efforts to notify CITY OF
TUKWILA before any such disclosure or as soon thereafter as reasonably possible. In
addition, Superion will not produce any Confidential Information or Personal Information in
response to a non -legally binding request for disclosure of such Personal Information.
5.3 Data and Privacy Protection Laws. Superion represents and warrants that its collection, access, use,
storage, disposal, and disclosure of Personal Information complies with all applicable United States federal,
state, and local data and privacy protection laws, as well as all other applicable United States regulations.
SUPERION
63
6. Third Party Security
6.1 Superion will conduct thorough background checks and due diligence on any third and fourth parties which
materially impact Superion's ability to provide the products and/or Services to CITY OF TUKWILA as
described in the Agreement.
6.2 Superion will not outsource any work related to its products or the Services provided to CITY OF TUKWILA
in countries outside the United States of America, which have not been disclosed in the Agreement or
without prior written approval from CITY OF TUKWILA Legal and Information Security. If Superion desires
to outsource certain work during the Term of the Agreement, Superion shall first notify CITY OF TUKWILA
so that the parties can ensure adequate security protections are in place with respect to the Services
provided to CITY OF TUKWILA.
7. Payment Cardholder Data
7.1 If Superion accesses, collects, processes, uses, stores, transmits, discloses, or disposes of CITY OF
TUKWILA and/or CITY OF TUKWILA customer credit, debit, or other payment cardholder information,
Superion agrees to the following additional requirements:
a) Superion, at its sole expense, will comply with the Payment Card Industry Data Security Standard ("PCI
DSS"), as may be amended or changed from time to time, including without limitation, any and all
payment card industry validation actions (e.g., third party assessments, self -assessments, security
vulnerability scans, or any other actions identified by payment card companies for the purpose of
validating Superion's compliance with the PCI DSS).
b) Superion will maintain a continuous PCI DSS compliance program. Annually, Superion agrees to
provide evidence of PCI DSS compliance in the form of a Qualified Security Assessor ("QSX)
Assessment Certificate, a PCI Report on Compliance ("ROC"), or evidence that Superion is included on
the Visa or MasterCard list of PCI DSS Validated Service Providers.
c) Superion will ensure that subcontractors approved by CITY OF TUKWILA, in accordance with Section
6.2, comply with and maintain a continuous PCI DSS compliance program if the subcontractor provides
any service on behalf of Superion that falls within PCI DSS scope. The Subcontractor must provide
evidence of PCI DSS compliance in the form of a Qualified Security Assessor ("QSA") Assessment
Certificate, a PCI Report on Compliance ("ROC"), or evidence that Subcontractor is included on the Visa
or MasterCard list of PCI DSS Validated Service Providers.
d) Superion will immediately notify CITY OF TUKWILA if Superion is found to be non -compliant with a PCI
DSS requirement or if there is any breach of cardholder data impacting CITY OF TUKWILA or its
customers.
8. Changes
In the event of any change in CITY OF TUKWILA's data protection or privacy obligations due to applicable
legislative or regulatory actions, Superion will work in good faith with CITY OF TUKWILA to promptly amend
this Exhibit accordingly.
_'yk6 SUPER ION
Lim
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Jack Pace, DCD Director
BY: Lynn Miranda
CC: Mayor Ekberg
DATE: November 8, 2019
SUBJECT: Update on Southcenter Plan Implementation
ISSUE
The Southcenter Plan was adopted by Council in 2014 and received a Governor's Smart
Communities Award in 2015. The Plan is intended to orchestrate the type of growth and
change in Southcenter that is in keeping with the community's vision for transforming a
suburban pattern of development to a more urban, walkable neighborhood characterized by a
mix of higher density uses, including residential, that is organized around parks and open
spaces with convenient connections to bus and rail service. How can the City continue
influencing implementation of this vision? What actions have been taken to date?
BACKGROUND
The Southcenter Plan implementation measures are grouped in 3 main categories and outlined
below. The individual actions are prioritized by level of need and timing. Projects should be
undertaken as opportunities arise and City resources are available. It is intended that City
investments in quality capital improvements and collaborations with the private sector will create
public spaces, new streets, and streetscape conditions that are supportive of the vision, will
enhance the pedestrian environment, and create an attractive setting. These actions should be
viewed as a flexible planning tool that allows re -prioritization of projects based on available
resources and changing circumstances, needs and conditions.
• The Public Space and Amenity projects are intended to attract housing, stimulate a new
level and quality of development within the area, enhance walkability, and strengthen
pedestrian connections between activity areas.
• The Streets, Circulation and Mass Transit actions are required to support goals for
enhancing access for transit and vehicles, breaking up the mega -blocks, improving
circulation within and access to the urban center, improving transit service and facilities, and
making attractive streetscapes.
• The Bicycle and Pedestrian Facility projects are intended to extend the network of existing
trails and paths, connect activity areas (including Tukwila Station, the Green River and
Interurban Trails, Tukwila Pond, and neighborhood and shopping areas) and provide a
viable alternative to the car as the area becomes more walkable.
DISCUSSION
The following projects have been completed or are underway:
1. Public Space and Amenities
65
INFORMATIONAL MEMO
Page 2
Multifamily Housing Incentives
- Multifamily Property Tax Exemption (MFTE) was enacted to encourage development
of market rate and affordable housing in the area zoned for Transit Oriented
Development (TOD). This has been a key incentive for the "pioneer" housing
developers in the urban center, including Washington Place and the Sterling 55+
apartment complex.
- Since plan adoption and as a result of City commitment to the vision, approximately
535 residential units have been constructed or underway in the TOD district within
walking distance of the Tukwila Station and the Southcenter Transit Center.
Tukwila Pond Park Improvements
As part of the Parks, Recreation, and Open Space (PROS) Plan Update, a preliminary
conceptual rendering of Tukwila Pond will be created that will serve as the starting
point for moving into the larger Master Planning effort being funded through the
Lodging Tax (approved by Council - $125,000). The Master Plan will include elements
of connectivity between Tukwila Pond and the Southcenter/Urban District.
To date, no funding has been allocated to improve Tukwila Pond water quality.
2. Street/Circulation Network & Facilities
Wayfinding — A wayfinding program for pedestrians and bicyclists was included as part of
the improvements associated with the new bridge over the Green River (see below) and
installed along the Green River Trail. The City's Lodging Tax Advisory Committee is
interested in expanding the wayfinding plan in locations around the Southcenter area.
Strander Blvd extension — Per Council direction the project was stopped and funding
returned.
Breaking up the mega blocks with new streets. Southcenter Plaza and Washington Place
have contributed to a finer block and street grid system by creating half -streets with a
configuration consistent with TUC standards. As larger parcels redevelop, additional half -
streets will be
3. Pedestrian and Bicycle Facilities
Pedestrian Infrastructure/Path between Baker Blvd and Tukwila Station
- Constructed a signature pedestrian/bicycle bridge over the Green River and sidewalk
improvements, providing a more direct route linking the TOD neighborhood with
Tukwila Station.
- Successfully obtained a $100k Sound Transit System Access Grant to construct
pedestrian and bicycle safety improvements along this route scheduled for completion
in 2021. These include:
o An at -grade, pedestrian -activated signal and crossing of West Valley Highway
(WVH) at the bridge's east terminus location.
o A Rectangular Rapid Flashing Beacon (RRFB) at the intersection of the
Interurban Trail and Longacres Way.
o Pedestrian and bicycle improvements on Longacres Way between WVH and
Tukwila Station. These improvements are anticipated to be completed in 2021.
Baker Blvd "Complete Street" improvements - Using a $1 M in King County grant funding,
two travel lanes were converted to on -street parking and bike lanes on Baker Blvd
between Christensen Road and Andover Park West. Baker Boulevard is the designated
pedestrian/bicycle "spine" linking the Mall and Transit Center, the evolving TOD
neighborhood, the bridge over the Green River, and the Tukwila Station.
INFORMATIONAL MEMO
Page 3
• Pedestrian -oriented streetscape — in the TOD district along Andover Park East, new
development, including the Sterling +55 residential project, Hilton Express, and Holden
assisted living facility have been placed at the back of sidewalk with active ground floor
uses and sidewalk improvements including street trees and new signature pedestrian
lighting. Development along Baker Blvd have improved the public sidewalk with street
trees and public benches.
• Signature Tukwila bike racks and bicycle repair stations were installed at Odin Brewery
and Bicentennial Park. Funding was from a CMAQ grant.
• Three recent development projects have included pedestrian pathways to viewing points
along the Green River.
• As redevelopment occurs adjacent to Tukwila park, pedestrian access through the site to
the Park boundary is encouraged during design review.
FINANCIAL IMPACT
None at this time — informational only.
RECOMMENDATION
1. The City needs to continue allocating resources to actions that will implement the vision for
the Southcenter Plan, and work with private developers and other public agencies as
opportunities arise.
2. Through the Parks, Recreation and Open Space (PROS) Plan, continue the master planning
process for Tukwila Pond Park and seek additional funds for construction.
3. In 2020/21 workprogram, seek additional funding for:
• Improving and monitoring Tukwila Pond water quality.
• Updating the City's Transit Plan to better coordinate bus, Sounder, and bus rapid
transit (BRT) service to, from and within the urban center.
• Seek funding for the design and construction of a path connecting the Interurban
Trail to WVH where the new pedestrian crossing will be located east of the bridge
terminus.
4. As redevelopment occurs, continue requiring public frontage improvements to enhance
walkability, and break up the mega blocks to create a finer grid system for pedestrians,
bicyclists, and vehicles.
ATTACHMENT
Southcenter Plan Excerpt from Section 1.6 Recommended City Actions
67
Attachment
Southcenter Plan Excerpt from Section 1.6 Recommended City Actions
Tukwila Pond Improvements
Tukwila Pond Park is a 25-acre City -owned park in the middle of Southcenter's retail district.
Nearly 23 acres of the park have been left in a natural state and serve as a passive recreation
and wildlife preservation area. The westernmost 2.3 acres have been developed and feature
picnic tables, trails, viewing platforms, green belt and restrooms. About 19 acres of the park
are open water, used by a variety of waterfowl and other birds and wildlife all year round.
In 2006, members of the Tukwila City Council, Planning Commission, Parks Commission, and
City staff participated in an intensive design workshop to generate ideas and a vision for the
future of Tukwila Pond, which were then incorporated into the Tukwila Pond Conceptual Design
Report. The conceptual design is based on the intersection of the urban environment with the
natural environment and the public's interaction with both. The intersection of these two
environments provides an opportunity to explore the edge of each and for people to weave in
and out of this edge. The design encourages pedestrians to walk "on the edge" along the
eastern and southern boundaries of the Park; to sit "at the edge" along the northern shore; and
be "within the edge" in the Tukwila Pond Park. Some of the key elements of the design include
installation of a boardwalk across the northern edge of the pond, walkways on the southern
end of the pond property, extension of viewing platforms, and additional viewpoints into the
pond and adjacent wetlands.
Improvements to Tukwila Pond Park should be accomplished simultaneously with the pond
water quality improvements described in Section 1.6.1.3 Water Quality.
Mid Term Actions
The City will pursue the following projects in the first phase of Tukwila Pond improvements:
a) A path/floating boardwalk connecting the east and west sides of Tukwila pond to
Andover Park West via the Pond's northern edge.
b) Tukwila Pond Park enhancements on the western edge of the Pond (additional
pathways, extension of viewing platforms, additional plantings, wetland restoration).
c) Explore the feasibility of and implementation steps for expanding the footprint of
Tukwila Pond Park when redevelopment of the property to the south of the Park occurs.
Long Term Actions
The City's final phase of Tukwila Pond related actions include designing and constructing the
enhancements on the northern edge of the Pond. The City will coordinate with developers as
new retail or mixed -use development occurs on parcels adjacent to the park.
a) Tukwila Pond Esplanade
An attractive public esplanade will be designed and funded (in part or in its entirety) by the City.
Once design, engineering and construction funding for the esplanade are in place, and when
the parcels at the northern pond edge choose to redevelop, new construction should be
designed with pond -fronting retail and restaurant activities, providing an active waterside
promenade to augment the shopping, eating and other uses in the urban center. A primary
••
facet of its intended role is its ultimate envisioned connection to the regional shopping area
and the Mall to its north.
i) Elements:
(1) Location: This esplanade shall be located along the pond's northern shore, and
stretch from the park along the western side of the pond to the public sidewalk on
Andover Park West on its eastern end.
(2) Orientation: The esplanade shall be connected to Strander Boulevard and to the Mall
along a street designed with public amenities and preferably with a central median
as a linear open space connection.
(3) Dimensions: The esplanade shall be a minimum twenty-five (25) foot wide.
(4) Lighting: Sufficient lighting will be provided to create a safe and pleasant night-time
environment. Along the esplanade, pedestrian height double -head pendant street
lights shall be provided.
(5) Amenities: Street furnishings such as benches, trash receptacles, kiosks and stands
for vendors, banners, and flowering pots will be integrated into the design.
(6) Design: The northern esplanade is envisioned as an urban water edge, with
horoscope, street trees and lighting, and other street amenities. The creation of a
grand monument at the lynchpin of the Mall connection and the pond edge is
recommended as a focal point and central gathering place. The pond edge beyond
the esplanade shall maintain the pond's riparian environment. The design and
materials of the esplanade should reflect the character of the Pacific Northwest, with
wood deck and railings to reflecting Pacific Northwest design character.
Tukwila Pond Water Quality
Tukwila Pond suffers from poor water quality, primarily due to elevated levels of phosphorus,
which cause algal blooms in the dry summer and early fall months. This is due to a combination
of factors that include: lack of freshwater input and air circulation through the pond in the dry
months of the year; inputs of phosphorus from seasonal stormwater run-off, and accumulation
of phosphorus in the sediments of the pond during the year, which serve as an ongoing
"source" of this nutrient to the pond water. In addition, the lack of shade and the shallowness
of the pond allow high water temperatures in the summer and light penetration through the
whole water column, both of which promote algal growth. These conditions also contribute to
low levels of dissolved oxygen in the water, a factor that limits fish and other aquatic organisms
and can cause fish kills. Algal blooms, in addition to being visually unattractive, can cause
unpleasant odors and can become toxic (to pets or humans, if ingested).
Short Term Actions
a) Water quality improvements.
Water quality improvements to be implemented by the City shall include the following
measures:
(1) Alum treatment (a substance that is pumped into the pond, settles to the bottom and
prevents phosphorus from being released into the water column); and
(2) Air circulation using pumps to push air out into the pond along lines laid on the
bottom to improve the levels of dissolved oxygen in the water.
b) Improve storm water treatment.
70
The City will work with all properties discharging surface water to the pond to ensure that
existing storm water collection and treatment systems are properly maintained. Proper
maintenance of these facilities will reduce the amount of phosphorus and other pollutants
reaching the pond to the maximum extent feasible under current conditions.
c) Over the very long term, install alternative stormwater treatment as the area on the
north redevelops.
Mid Term Actions
a) Water quality improvements.
Aquatic vegetation plays a significant role in the water quality of ponds. An increased
variety of aquatic vegetation to use excess nutrients, along with the installation of shading
wetland vegetation, would moderate algae blooms in the pond while also increasing
diversity for wildlife enhancement.
Long Term Actions
a) Water quality improvements.
(1) Once the alum injection and air circulation systems are installed, the City will
monitor water quality and will continue to operate the systems during the summer
and fall months to maintain the desired water quality in the pond.
(2) The City will monitor performance of the stormwater bioswales.
Finely Grained Street Network
Arterials are currently spaced approximately 1,200 to 2,500 feet apart to form a grid
pattern in the Southcenter area. The blocks are very wide, with few collector streets
serving the properties within the blocks. Numerous access driveways and dead-end
streets act as collector streets.
New public and private streets will begin to be implemented by the City and/or private
developers on an on -going basis as significant redevelopment occurs, based on the
requirements set forth in TMC Chapter 18.28 New Streets. The added streets will
gradually make the urban center's street grid pattern a more finely grained network,
improving capacity and mobility for pedestrians and autos, including emergency
vehicles. New access streets will also reduce the number of curb cuts needed on the
major arterials, thereby reducing the number of traffic accidents. Traffic flows on the
arterials will be more orderly. See TMC Chapter 18.28 for new thoroughfare designs.
Pedestrian Walkway leading to Tukwila Station
1) Elements:
Location: The pedestrian walkway will link Baker Boulevard, the pedestrian bridge, and Tukwila
Station, terminating at the western entrance to the station. As it leaves Christensen Road, the
walkway should be generally aligned with the Bow Lake Pipeline right-of-way; however
alignment is subject to change to ensure alignment with the pedestrian bridge and pose the
least impact on adjacent properties. The path shall also provide connections to the Green River
and Interurban Trails.
71
72
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Jack Pace, DCD Director
BY: Minnie Dhaliwal, DCD Deputy Director
CC: Mayor Ekberg
DATE: November 19, 2019
SUBJECT: Critical Areas Code Update ***Please bring your binders****
ISSUE
The City of Tukwila is required to periodically review and update its Critical Areas regulations to
reflect current best available science (BAS) as required by the Growth Management Act.
BACKGROUND
All cities in Washington are required to adopt critical areas regulations by the Growth
Management Act (GMA). Critical areas, as identified in the GMA include wetlands, frequently
flooded areas, streams, geologically hazardous areas (steep slopes), and fish and wildlife
habitat conservation areas. Cities are required to include the best available science in
developing policies and development regulations to protect the functions and values of critical
areas. Tukwila's current critical area regulations were adopted nine years ago in 2010.
Washington State Department of Ecology oversees critical area updates and provides direction
on BAS.
The Planning Commission held a public hearing and finalized their recommendation to the City
Council in June 2019. The City Council held a public hearing on September 23rdh, 2019 and
sent the item back to the Community Development and Neighborhoods Committee for
recommendation. Three written public comments were received at the public hearing. Since the
public hearing revised comment letters were received from Halinen Law Office and Cairncross &
Hempelmann. Attachment A includes staff response to public comments. Attachment B
includes the latest letters from the three parties that provided comments at the city council
public hearing.
PUBLIC OUTREACH
Outreach to affected property owners throughout the City included mailings, webpage updates,
stormwater bill inserts, eHazelnut newsletter and an open house. A public open house was held
on October 9, 2018 at the Tukwila Community Center. The notice of the open house and the
Planning Commission hearing was mailed to all property owners and tenants in Tukwila along
with email notices to interested parties and agencies with jurisdiction. Additionally, a website
page(www.tukwilawa.gov/criticalareas) was maintained where general members of the public
can keep up with the update process.
Subsequent to the open house, staff developed a set of policy options and had a work session
with the Planning Commission on this item on November 8, 2019. The second work session
was held on February 28, 2019. The Planning Commission (PC) held a public hearing on April
11, 2019. The PC started their deliberations on May 23, 2019 and finalized their 73
INFORMATIONAL MEMO
Page 2
recommendations to the City Council on June 27, 2019. All background reports including the
Gaps Analysis Report prepared by the The Watershed Company and the five staff reports to the
Planning Commission are available online. Here is the link to the website.
DISCUSSION
The Planning Commission's recommended draft is included in a separate binder. Summary of
the key revisions is included below:
Wetlands
1. Designation:
• Reference to State delineation manual removed and replaced with language from
WAC 173-22-035, that states identification of wetlands and delineation of their
boundaries shall be done in accordance with the approved federal wetland delineation
manual and applicable regional supplements.
Five year time limit on wetland reports/delineations established. Generally, any
delineation done more than five years ago needs to be revisited as wetlands can
change significantly in a five-year period due to changes in hydrology, land uses, and
plant species composition. Additionally, approved jurisdictional determinations by the
Corps expire after five years. Revisiting a wetland delineation that is five or more years
old does not necessarily mean a new wetland delineation needs to be done. It
means it may be necessary to revisit the site to determine whether the delineation is
still accurate or needs to be redone based on current conditions.
2. Rating. -
State rating system referenced, which is the Washington State Wetland Rating System
for Western Washington (Hruby 2014, Ecology publication No. 14-06-029). To avoid the
need for future updates related to rating system versions language added, "or as revised
and approved by Ecology".
3. Buffer Widths:
Adopt the standard buffer widths recommended by the Department of Ecology; but allow
alternate buffer if impact minimization measures are taken AND buffer is replanted. See
table below for the current buffer width requirements and the proposed changes required
based on habitat score.
INFORMATIONAL MEMO
Page 3
Wetland buffer width (ft), Ecology 2014, high -intensity land use impact
Wetland
buffer
width
(ft),
Habitat
Habitat
Habitat
Habitat score
current
score
score
score
6-7
Habitat
Habitat score
Category
TMC
<6
<6
6-7
score 8-9
8-9
Standard
Alternate
Standard
Alternate Buffer if
Standard
Alternate
Buffer
Buffer if
Buffer
impact
Buffer
Buffer if
impact
minimization
impact
minimization
measures taken
minimization
measures
AND buffer is
measures
taken AND
replanted. Also,
taken AND
buffer is
100 feet
buffer is
replanted
vegetated corridor
replanted.
between wetland
Also, 100 feet
and priority
vegetated
habitats is
corridor
maintained.
between
wetland and
priority
habitats is
maintained.
1
100
100
75
150
110
300
225
11
100
100
75
150
110
300
225
111
80
80
60
150
110
300
225
IV
50
50
40
50
40
50
40
Impact minimization measures to qualify for alternate buffers include the following:
Disturbance
Required Measures to Minimize Impacts
Lights
• Direct lights away from wetland
Noise
• Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source
• For activities that generate relatively continuous, potentially
disruptive noise, such as certain heavy industry or mining, establish
an additional 10' heavily vegetated buffer strip immediately adjacent
to the outer wetland buffer
Toxic runoff
. Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered
• Establish covenants limiting use of pesticides within 150 feet of
wetland
• A I integrated pest management
Stormwater runoff
0 Retrofit stormwater detention and treatment for roads and existing
adjacent development
• Prevent channelized flow from lawns that directly enters the buffer
• Use Low Intensity Development (LID) techniques where appropriate
for more information refer to the drainage ordinance and manual
Change in water regime
0 Infiltrate or treat, detain, and disperse into buffer new runoff from
impervious surfaces and new lawns
Pets and Human
. Use privacy fencing OR plant dense vegetation to delineate buffer
Disturbance
edge and to discourage disturbance using vegetation appropriate for
the ecoregion
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
• Use best management practices to control dust
75
INFORMATIONAL MEMO
Page 4
4. Interrupted Buffer: Establishes an administrative waiver process for an interrupted
buffer.
a) Defines what qualifies as interrupting the buffer: a public or private road; buildings; or
parking lots. The criteria for waiver include:
i) The existing legal improvement creates a substantial barrier to the buffer
function;
ii) The interrupted buffer does not provide additional protection of the critical area
from the proposed development; and
iii) The interrupted buffer does not provide significant hydrological, water quality and
wildlife buffer functions relating to the portion of the buffer adjacent to the critical
area.
5. Buffer averaging instead of buffer reduction:
Replaces buffer reduction provision with buffer averaging. The total area of the buffer
after averaging is equal to the area required without averaging and the buffer at its
narrowest point is never less than either % of the required width or 75 feet for Category I
and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater.
6. Alterations:
No changes to the exemption level. The existing code provides an exemption for certain
wetlands that are under 1,000 square feet. The exemption is from sequencing (showing
that the impact cannot be avoided or minimized). Mitigation of the impacts is still
required per Ecology. Exempt wetlands have to meet the following criteria:
a) habitat score under five;
b) are not associated with a riparian habitat or Shorelines of the State;
c) are not part of a wetland mosaic, and
d) do not contain priority habitat.
7. Mitigation Standards: Mitigation ratio for buffer impacts is added at 1:1
8. Wetland and buffer mitigation location:
The current code prefers off -site mitigation be located within City of Tukwila's
boundaries. However State and federal agencies advocate use of alternative mitigation
methods such as mitigation banks or in -lieu -fee programs. In order to be consistent with
regulations of these agencies the proposed changes allow for purchase of mitigation
credit from an in -lieu fee program or bank, if that is the best choice ecologically for a
project.
9. Wetlands buffers associated with restoration projects that include creation of an
off -channel habitat projects.
For shoreline restoration projects that result in a change in the location of the ordinary
high water mark and associated shoreline jurisdiction on the subject property and/or
adjacent properties, relief may be granted from Shoreline Master Program standards
and use regulations. However, the relief for restoration projects is limited to ordinary high
water mark and not buffers of any associated critical areas such as wetlands. Therefore,
76 a new subsection is recommended by the Planning Commission:
INFORMATIONAL MEMO
Page 5
TMC 18.45.90 Wetlands Uses, Alterations and Mitigation (D) Wetland and Buffer
Mitigation Location:
7. Wetland creation for restoration projects may only be approved if the applicant can
show (1) that the adjoining property owners are amenable to having wetland buffers
extend onto or across their property; or (2) that the on -site wetland buffers are sufficient
to protect the functions and values of the wetland and the project as a whole results in
net environmental benefit.
Watercourses
1. Rating and buffer widths:
Ratings nomenclature updated to reflect Washington Department of Fish and Wildlife
ratings for simplicity. Type 1, 2, 3, 4 changed to S (Shoreline), F (Fish bearing), Np (Non -
fish bearing perennial), Ns (Non -fish bearing seasonal). No change in the buffers of S, F,
Ns. The standard buffers of Np could be lowered from 80 feet to 50-65 range with buffer
enhancement.
Stream Type
Watercourse Buffer (ft),
TMC
S
Regulated under Shoreline
Master Program
F
100
Np
Standard buffer 80
Alternate buffer in the
range of 50-65 with buffer
enhancement
Ns
50
2. Buffer averaging vs reduction:
Replaces buffer reduction provision with buffer averaging so long as the total area of the
buffer after averaging is equal to the area required without averaging and the buffer at its
narrowest point is never less than 3/ of the required width.
3. Interrupted buffer: Establishes an administrative waiver process for an interrupted
buffer.
a) Defines what qualifies as interrupting the buffer: a public or private road; buildings;
or parking lots. The criteria for waiver include:
i) The existing legal improvement creates a substantial barrier to the buffer
function;
ii) The interrupted buffer does not provide additional protection of the critical area
from the proposed development; and
iii) The interrupted buffer does not provide significant hydrological, water quality and
wildlife buffer functions relating to the portion of the buffer adjacent to the critical
area.
III. Geologically Hazardous Areas
Reference to mapping sources added and protective provisions such as slope vegetation
protection and guidelines on erosion control and best management practices included.
77
INFORMATIONAL MEMO
Page 6
IV. Fish and Wildlife Habitat Conservation Areas
a) The city's list of fish and wildlife habitat conservation areas made consistent with
GMA definition
b) Reference to mapping sources added.
c) A requirement for a habitat assessment prepared by a qualified professional to
better reflect BAS so that buffers could be based on site specific conditions.
V. Special Hazard Flood Areas
Reference added to Special Hazard Flood Areas TMC Chapter 16.52; and floodplain
habitat assessment requirements included.
VI. Housekeeping Code Amendments
Vesting:
Language added to clarify that only submittal of a complete building permit vests a
project to critical areas code. For instance, if a short plat is approved but homes are not
constructed and the code is updated, any future development is subject to the new
updated code. An exception added for projects that currently have a preliminary
approval but not final approval to be vested until the expiration of the preliminary
approval; provided building permits are submitted within five years of the final approval.
2. Expiration of decisions related to critical areas:
Five years term limit established for any approvals to be consistent with time limits for
permits obtained from the state and federal agencies.
3. Permitted uses changed to permitted activities section
4. Vegetation Management in the Tree, Landscape, Critical Areas and Shoreline
Chapter
The purpose of these proposed amendments is to provide consistency between the four
chapters and address lessons learned during implementation of the newly adopted Tree
and Landscape Code. Additionally, applicability sections are added to explain which
Chapter applies when there is an overlap. These include regulations pertaining to tree
retention, removal and replacement requirements.
5. Reorganization:
In order to improve the organization and make it easy to implement the code it is
reorganized to sequentially address 1. Mitigation sequencing; 2. What is allowed
outright/what requires Special Permission approval; 3. Criteria for approving deviations;
4. Mitigation requirements; 5. Monitoring
6. Penalties for unauthorized alterations:
Penalties for illegal clearing in critical areas added.
7. Non -conforming provisions:
New non -conforming thresholds for development in the wetland and stream buffers
established; and tied to incentives for improving the buffer.
a) Allow existing buildings to expand vertically to add upper stories in exchange for
buffer enhancement
b) Allow lateral expansion to the building side that is opposite of critical area up to a
maximum of 1000 sq. ft; in exchange for buffer enhancement. Further this option is
78
INFORMATIONAL MEMO
Page 7
limited to situations where the buffer width is at least 75 percent of the required
buffer.
c) Allow lateral expansion along the existing building lines in exchange for buffer
enhancement; and limit the sq. ft. of new intrusion into the buffer to less than 50
percent of the current intrusion or 500 sq. ft, whichever is less. Further this option is
limited to situations where the buffer width is at least 75 percent of the required
buffer.
d) Allow enclosing within existing footprint in exchange for buffer enhancement.
8. Inventory update:
Add requirement for the applicant to provide surveyed data for maintenance of the City's
Critical Areas inventory map
FINANCIAL IMPACT
No direct impacts are expected due to these changes.
RECOMMENDATION
The Committee is being asked to review the public comments and make a recommendation on
the revisions requested by the public. Staff will then include any recommended changes by the
Committee in the draft ordinance and return to the next Community Development and
Neighborhood Committee on December 10, 2019.
Also, staff is awaiting an initial determination from the Department of Ecology (DOE) on the
proposed changes. If DOE provides any comments, we will bring them forward for the
Committee's consideration.
ATTACHMENT
A. Staff response to public comments
B. Public comments:
B 1 - Comments from Ion Manea dated September 23, 2019
132- Comments from Halinen Law Office dated November 20, 2019
133- Comments from Cairncross & Hempelmann representing Segale Properties dated
Oct 23, 2019
The separately distributed binders contain:
1. Chapter 18.45 (Critical Areas Chapter) showing the bulk of the proposed changes-
strikeout/underline version
2. Chapter 18.70 (Non -Conforming regulations)- strikeout/underline version
3. Chapter 18.54 (Tree Chapter)- strikeout/underline version
4. Chapter 18.52 (Landscape Chapter)- strikeout/underline version
5. Chapter 18.06 (Definitions Chapter)- strikeout/underline version
6. Chapter 18.45 (Critical Areas)- clean version
7. Public Comments received at the Planning Commission hearing
8. A matrix of staff responses to the public comments
9. Planning Commission meeting minutes
79
Staff response to public comments
ITEM
COMMENTATOR
SECTION
PROPOSED CHANGE
COMMENT SUMMARY/STAFF
DISCUSSION
STAFF RECOMMENDATION
1.
Ion Manea, 13407
TMC
Planning Commission recommended draft
Ion Manea, property owner requested the city to
No change.
48th Ave S, Tukwila
18.45.100.
deletes the buffer reduction provision with
not delete the 50% buffer reduction provisions.
E
the following buffer averaging provision:
He states that replacing buffer reduction with
buffer averaging is not based on best available
VARIATION OF STANDARD
science and is being proposed just for
WATERCOURSE BUFFER WIDTH
consistency with wetland regulations. He claims
1 Buffer averaging may be allowed by the
that the proposed regulations could be
Director as a Type 2 decision if the total
construed as in non-compliance with TMC
area of the buffer after averaging is equal to
18.45.10, 18.45.20 and RCW 36.70a.172 and
the area required without averaging and the
could be subject of a petition under
buffer at its narrowest point is never less
RCW.36.70A.290. Staff notes that 2011
than either % of the required width; and the
Washington State Department of Ecology's
following criteria is met:
Green River Temperature Total Maximum Daily
a. The watercourse has significant
Load assessment is Best Available Science that
differences in characteristics that affect its
justifies larger buffers and need for shading the
habitat functions, and the buffer is
streams to address the concern of raising
increased adjacent to the higher -functioning
temperature of the Green/Duwamish River,
area of habitat or more -sensitive portion of
which is detrimental to fish. Additionally,
the wetland and decreased adjacent to the
Washington State Department of Ecology's
lower -functioning or less -sensitive portion
guidance for the streams that lie within
as demonstrated by a critical areas report
Shoreline Zone is for buffer averaging rather
from a qualified wetland professional.
than buffer reduction.
b. There are no feasible alternatives to the
site design that could be accomplished
Mr. Manea is correct in his assessment that
without buffer averaging, and the averaged
stream buffer averaging is inconsistent with
buffer will not result in degradation of the
BAS. BAS (WDFW et al.) clearly indicates that
wetland's functions and values as
wider buffers, which are vegetated with native
demonstrated by a critical areas report.
species, are essential to lower water
c. Compliance with mitigation sequencing
temperature, improve water quality by mitigating
requirements.
of surface water runoff, and provide habitat and
d. Compliance with TMC 18.45 Vegetation
insect/detritus input to streams. Therefore,
Protection and Management section.
buffer reduction is also not consistent with BAS.
e. Submittal of buffer enhancement plan,
Smaller streams that discharge into major
mitigation onitoring and maintenance plan
tributaries and rivers in this case the Green -
Page 1 of 6
ITEM
COMMENTATOR
SECTION
PROPOSED CHANGE
COMMENT SUMMARY/STAFF
DISCUSSION
STAFF RECOMMENDATION
along with financial guarantee in
Duwamish River) have direct impact on
accordance with TMC 18.45.
salmonid and other aquatic species through the
f. Buffer averaging will not adversely affect
water temperature, quality, and nutrient
water quality.
production. Water temperature and quality is
g. No adverse effect to water temperature
known to be one of the biggest limiting factors in
or shade potential per 2011 Washington
salmon recovery. Thus, maintaining healthy
State Department of Ecology's Green River
buffers on lower order streams is essential to
Temperature Total Maximum Daily Load
overall salmonid and aquatic habitat.
assessment or as amended.
Buffer averaging is intended to aid property
owners in site development by allowing for some
buffer reduction in locations where it is less
critical while widening buffers in areas that are
more so. For example, a wider buffer adjacent to
a parking lot is more important in mitigating
runoff than a buffer next to a building. If an
individual property is not able to use the buffer
averaging (due to size, grade, etc.) reasonable
use exception is still an option for that property
owner. TMC 18.45.180 lists Reasonable Use
Exception as a Type 3 permit approved by the
hearing examiner. Under this provision the
applicant demonstrates that strict application of
the code prevents any reasonable use of their
property, and requests waiver from the critical
area provisions for some reasonable use of their
property. The applicant is still responsible for
mitigation, which could be onsite or offsite. The
mitigation is proportional to the impact and has
to be meet the nexus and proportionality test.
Page 2of6
ITEM
COMMENTATOR
SECTION
PROPOSED CHANGE
COMMENT SUMMARY/STAFF
STAFF RECOMMENDATION
DISCUSSION
2.
David Halinen
18.45.80.F.
Revisions proposed by the letter dated
These comments are submitted by the owner of
No change.
w/Halinen Law
2
September 23, 2019 submitted at the
a property that is along the Interurban Trail and
Representing
Interrupted
public hearing:
West Valley Highway. Currently the property is
AnMarCo LLC
Buffer
incumbered with a 100ft buffer that is adjacent
2. Interrupted Buffer: Waiver for interrupted
to the Category 2 wetland to the east. The
buffer may be allowed by the Director as a
Interurban Trail in this area is approximately 12
Type 2 permit if the following criteria are is
feet wide. All paved trails in the City are
met:
between 12 and 14 feet wide. If this change to
i) The buffer is interrupted by a paved
the proposed code was approved,
public or private road; a paved public trail; a
approximately 30-35 properties could be
legally constructed buildings; or a legally
affected and able to apply for the waiver.
constructed aeved-parking lots; or some
other legally constructed substantial
The proposed interrupted buffer section of the
improvement. On lots with a primary single-
code is to address those area of the City where
family residence, Tthis waiver does not
there is a wide (2 to 4 lane) paved road, or other
apply to a buffer interrupted by a minor
large obstruction that eliminates the
accessory structures -such as a tool sheds
environmental benefit of the buffer to the critical
or a garages assosfated;
area — trees won't cast shade across the barrier,
ii) The existing legal improvement creates a
water quality can't be improved because of the
substantial barrier to the buffer function;
barrier, habitat is adversely effected because of
iii)The interrupted buffer does not provide
the barrier, etc. A trail that is less than 15ft
additional protection of the critical area from
across does not create a large enough barrier to
the proposed development; and
interrupt the shade from a large tree, or the
iv) The interrupted buffer does not provide
habitat provided by a vegetated buffer, like a 4-
significant hydrological, water quality and
lane road can (see ii) in the proposed code.
wildlife functions. This wamyer does net
Trees planted on the other side of the trail (away
apply if large trees ether cinnifin
from the wetland) will provide shade, habitat,
or
Rati„e „egetatien exists
rain/storm attenuation (and therefore reduced
v) Enhancement of remaining buffer is
run-off across the trail surface and improved
required if feasible.
water quality).
Revisions proposed via email to the City
Since the public hearing David Halinen
Council on 11/20/19
discussed the proposed changes with staff. He
2. Interrupted Buffer: Waiver for interrupted
submitted revised amendments narrowing the
buffer may be allowed by the Director as a
scope of interrupted buffer for a particular
T e 2 ermit if the following criteria are is
section of the Interurban Trail due to the
Page 3 of 6
ITEM
COMMENTATOR
SECTION
PROPOSED CHANGE
COMMENT SUMMARY/STAFF
STAFF RECOMMENDATION
DISCUSSION
met: i) The buffer is interrupted by a paved
presence of the Puget Sound Energy's
public or private road; by the segment of
easement. He makes a case that due to PSE's
the paved public Interurban Trail located
right for vegetation trimming and removal on the
within the 60-footwide strip of street right -of-
west side of the trail adjacent to his client's
way and reserved perpetual easements for
property, the buffer should stop at the trail's
electrical purposes and vegetation cutting,
edge.
removal, disposal, and management
recorded under County Recording No.
PSE generally trims vegetation in this area but
9409130817; a legally constructed
does not remove it. Wetlands exist all along the
buildings; of a legally constructed armed
trail. Additionally, the code language is not
parking lots; or some other legally
crafted for individual properties but is applicable
constructed substantial improvement. On
city wide. Staff suggested that the applicant
lots with a primary single-family residence,
consider looking at non -conforming provisions. It
Tthis waiver does not apply to a buffer
should be noted that the property is a graveled
interrupted by a minor accessory structures
parking lot and there are stormwater issues,
such as a tool sheds or a garages
asses+ate6;
including a current code enforcement case.
ii) The existing legal improvement creates a
substantial barrier to the buffer function;
iii)The interrupted buffer does not provide
additional protection of the critical area from
the proposed development; and
iv) The interrupted buffer does not provide
significant hydrological, water quality and
wildlife functions. This waiver does r,et
if large frees or ether sigRifiGa- t
apply
Rative vegetation evicts
v) Enhancement of remaining buffer is
required if feasible.
Page 4 of 6
ITEM
COMMENTATOR
SECTION
PROPOSED CHANGE
COMMENT SUMMARY/STAFF
STAFF RECOMMENDATION
DISCUSSION
3.
Cairncross
18.45.160
The critical area buffers widths for those
Nancy Rogers representing Segale Properties
Make changes noted in red.
areas that were altered, created or restored
&Hempelmann
submitted a comment letter dated September
as mitigation (Wetland 10, 1, Johnson
representing
23, 2019 at the public hearing. Since then they
Creek and the Green River off -channel
Segale Properties
have worked with staff to revise the language to
habitat) at the time of approval of the
narrow the scope of vesting and the latest
Sensitive Area Master Plan Permit No. L10-
comment letter dated October 23, 2019 is
014 (SAMP) shall be vested as shown on
attached.
[Map Al; provided the adiacent land was
cleared and graded pursuant to a city
Sensitive Areas Master Plan (SAMP) was
approved grading permit; and provided
approved for the Tukwila South area
further that those mitigation measures
(approximately 400 acres south of 1801h) in
required by the SAMP were performed and
2010. This approval allowed filling of smaller
meet the ecological goals, in accordance
wetlands in exchange for enhancing larger
with the terms of the SAMP.
wetlands located south of S. 200th St.
Additionally, an off -channel habitat area was
created as mitigation. The request is to vest the
project to the buffers approved as part of the
SAMP if the land has been cleared and graded
and here is the language proposed by Nancy
Rogers for the Planning Commission's
consideration:
The existing provisions for sensitive
areas master plan (TMC18.45) allow creation of
higher quality wetlands in exchange for filling
some small wetlands provided there is a net
environmental gain. Given that there will be no
incentive to creating wetlands with better
habitat value if it will result in larger buffers.
2. Interrupted Buffer: Waiver for interrupted
An off -channel habitat area was created as
Make changes noted in red.
buffer may be allowed by the Director as a
mitigation under the SAMP approval. Creation of
Type 2 permit if the following criteria are
an off -channel habitat area is a significant
met:
environmental benefit and construction of a
i) The buffer is interrupted by a paved
levee does interrupt the buffer for an any
public or private road; existing or future
wetlands associated with the off -channel habitat
levee legally constructed adjacent to an off
area.
Page 5 of 6
••
ITEM
COMMENTATOR
SECTION
PROPOSED CHANGE
COMMENT SUMMARY/STAFF
DISCUSSION
STAFF RECOMMENDATION
channel habitat; legally constructed
buildings; or legally approved parking lots.
This waiver does not apply to accessory
structures -such as sheds and garages;
ii) The existing legal improvement creates a
substantial barrier to the buffer function;
iii)The interrupted buffer does not provide
additional protection of the critical area from
the proposed development; and
iv) The interrupted buffer does not provide
significant hydrological, water quality and
wildlife functions. This waiver does not
apply if larger trees or other significant
native vegetation exists.
v) Enhancement of remaining buffer is
required if feasible.
Page 6 of 6
Comments to City of Tukwila Critical Areas Code Update
Submitted at Public Meeting on September 23d , 2019, City of Tukwila
by Ion Manea, owner of 13407 48"' Av S, Tukwila, WA., 98168 property
As I have informed City of Tukwila in several meetings and petitions I am not concurring with
Critical Area Code update replacement of 50% buffer reduction with buffer averaging for
watercourses.
I ask City Council to consider my reasoning and supporting evidence that proposed change is
not based on best available science (BAS), and that buffer averaging for watercourses in
Tukwila is no applicable even by the very definition of Department of Ecology.
I respectfully request City of Tukwila to:
1. To take into account my supporting Best Available Science (BAS) and Ecology evidence
and maintain the 50% buffer reduction allowance.
2. If buffer reduction by 50% provision is repealed and replaced by buffer averaging only to
provide explanation for departure from science -based recommendation, and
identification of environmental potential risk.
Specifically I request to maintain existing TMC 45.100.E 1 as is written:
"TMC 45.100 E. VARIATION OF STANDARD WATERCOURSE BUFFER WIDTH —
1. The Director may reduce the standard watercourse buffers on a case -by -case basis, only
where the buffer is significantly degraded (due to existing development within the prescribed
buffer width, the presence of significant amount of invasive vegetation that impairs buffer
function, and/or lack of native vegetation), provided the remaining buffer is enhanced in
accordance with an approved buffer enhancement plan, prepared;by a qualified professional,
and does not contain slopes 15% or greater. Where a buffer has a variable topography that
includes Class I slopes on the landward portion of the buffer, a buffer reduction may be allowed
if the proposed reduction is in the area with the Class i slopes, and a 10 foot planted setback
from the top of the slope is maintained. Further, a geotechnical review of the proposed buffer
enhancement plan must determine that the buffer enhancement can be implemented without
destabilizing the slope. The approved buffer width shall not result in greater than a 50%
reduction in width. Any buffer reduction proposal must demonstrate to the satisfaction of the
Director that it will not result in direct, indirect or long-term adverse impacts to watercourses,
and that: a. The buffer is vegetated and includes an on -site buffer enhancement plan prepared
by a qualified professional, to retain existing native vegetation and install additional native
vegetation in order to improve the buffer function; or
1of10
If there is no significant vegetation in the buffer, a buffer may be reduced only if an on -site
buffer enhancement plan is provided. The plan must include using a variety of native vegetation
that improves the functional attributes of the buffer and provides additional protection for the
watercourse functions. At least five years monitoring will be required. "
Buffer averaging has not been designed, evaluated or recommended to be used for
watercourse and there is no evidence for its usefulness in improving the function of any critical
area. It is environmentally risky.
Buffer averaging is permitting only if the buffer has various degrees of degradation along the
critical area and only for bridging adjacent critical areas.
If these two conditions are not met, which is predominant in developed urban area like Tukwila,
and if the 50% buffer reduction option is not available, practically there will be no use of the
property or enhancement of the buffer.
Under the proposed buffer averaging only, development is impossible, properties will degrade
and there will no incentive for buffer enhancement.
Unlike the wetlands, for watercourses, there are no alternatives options like off -site mitigation,
mitigation banks or in lieu payments or accounts.
If buffer averaging is adopted without BAS support, before adoption by ordinance, by law City
of Tukwila is required to provide explanation of departure from science -based decision, the
potential environmental risks and the public interest in for that decision.
If buffer averaging is adopted as the only option for buffer width reduction, my property in
Tukwila is render worthless. I worked hard to pay may property, I rezoned it to develop it and to
move my business there.
There is no methodology for buffer averaging and that alone will be conductive to disputes and
even litigation, extending the permitting process and making it more costly and difficult.
The proposed code change require demonstration of no adverse affect to water temperature or
shade potential will occur to the watercourse using methodology per 2011 Washington State
Department of Ecology's Green River Temperature Total Maximum Daily Load (TMDL)
assessment or as amended. The publication is just an evaluation report using shade deficit as a
proxy in lieu of direct temperature measurements and not clear if that can be used outside the
report area that is Green River.
Currently, there is no viable alternative to the current 50% buffer reduction provision.
There is no compelling reason to repeal it.
Furthermore:
1. Proposed watercourse buffer width reducing by averaging is impractical in Tukwila and
imposes unnecessary burdens on citizens and that in fact is a land confiscation without
compensation or benefit to environment. It will not provide incentive for watercourse buffer
reduction with enhancement.
2of10
2. 1 am concern that at this time, there is no scientific and practical evidence that buffer width
reduction with averaging is improving wetlands or watercourses functions.
3. 1 disagree that there is any BAS support for buffer averaging for wetlands, let alone for
watercourse. Rolling over wetland regulations into watercourse regulation and vice -versa
has no valid BAS support and it is risky. Consistency between wetland and watercourse
regulation alone is not a valid BAS or practical justification.
a. Donna, Bunten, Critical Areas Ordinances Specialist with Washington State
Department of Ecology (Ecology) concurs that Ecology's publication indicate lack of
scientific information showing that averaging protects wetland functions. She point out
that buffer averaging is a tool to help ensure connectivity with adjacent habitat areas
without unduly burdening the landowner (personal communication).
b. Diane Hennessey, Ecology's NW Regional Wetland Specialist, points out that she is
not aware of any studies that discuss limitations of buffer averaging (personal
communication). I concur with her that the latest science available and updated
information on riparian buffers is that published by Washington State Department of Fish
and Wildlife (WDFW), in 2018.
c. Tom Hruby, PhD., former Senior Wetland Scientist with Ecology and author of most of
Ecology's wetland publications sent me BAS references and pointed me to urban water -
streams research (personal communication). However I have been not able to find any
reference to buffer width reduction with averaging for water -streams.
d. The BAS offered by the City is very sketchy for watercourses and relies entirely on The
Watershed Company (TWC) report. However, the report references are mostly for
wetlands with no references to watercourses. Furthermore, of 17 references cited by the
consultant, 30% are on wetlands, 40% are non water course specific an 30 are
consultant's own non peer reviewed reports to other cities (cannot be counted as
BAS). By contrast, I have consulted with specialists and I reviewed 34 references and
reports (see Reference in Appendix A) with 78% of them W water -stream specifics. In all
of them, there is no scientific support for buffer width reduction by averaging.
4. 1 am concerned that in Tukwila buffer averaging method is not applicable because there is
not sufficient land (buffer averaging require both width reduction and width increase) in its
typical urbanized sites were buffers already extends over a majority of the property area.
5. 1 am concern that buffer averaging will exclude the "interrupted buffer" alternative as
proposed in TMC 18.45 code change.
6. 1 am concern that conditions required for application of buffer averaging are not even
present in Tukwila (buffer degradation of various degrees), therefore after elimination of
the 50% buffer reduction provision, there will be no possibility of buffer reduction, buffer
enhancement or property use at all. By all means that is property confiscation.
7. 1 am concern that proposed elimination of 50% buffer reduction, adopting buffer averaging
and not allowing confinement of the watercourse alteration for closed conveyance like pipe,
culverts, crossing etc. is not based on BAS or other practical eationale and or in compliance
with applicable laws.
For side by side comparison of buffer averaging vs. 50% buffer reduction please see the case
study and the attached drawings
3of10
As it will be demonstrated in the Appendix included with the comments. the proposed buffer
averaaina and elimination of the 50% buffer reduction by provision is conductive to complete
devaluation of property value and in practice a confiscation without compensation for no aood
reason or public interest. The propertv owners work hard to purchase their properties and thev
have the riaht to eniov and developed them. As their representatives and elected official and
stewards of the Citv affairs, the Citv Council has an obliaation to exercise prudence and due
diligence in i=lementina new reaulations that is fair an beneficial to its constituency.
Thank you for the opportunity to be part of this participatory democracy,
Signature,
Ion Mane@ - Tukwila property owner, 13407 48Th Av S, Tukwila., WA, 98168
Date: 09.23.2019
4of10
•E
APPENDIX A
REASONING AND SUPPORTING EVIDENCE
Applicability Considerations
Preserving the total buffer area required by buffer averaging, will force some portions of the
actual buffer further away from the actual critical area and there will be no incentive to maintain
or enhance the extended buffer.
Also it is likely that trees planted in the extended buffer will take longer to grow before being
able to project shade or protect the critical area itself.
It is also likely, that an extended and neglected buffer will be populated by invasive plants
producing seeds and trying to expand towards the critical area.
As proposed, buffer averaging will make a reasonable use exception meaningless and the
combination of 75% minimum width with 100% total area preservation requirements will
automatically require buffer width extension to compensate for buffer widths reductions.
Buffer averaging is the last resort method for wetlands with no scientific evidence of wetland
function improvement. As per Department of Ecology (Ecology) recommendations buffer
averaging will exclude other buffer reductions alternatives like interrupted buffer that will be
beneficial in highly urbanized area like Tukwila.
Assessment for Hydrology, Hydraulics, Geomorphology, Physicochemical, and Biology on a
common base for both wetlands and watercourses is appropriate.
However, desirable wetlands and watercourses are different at the functional level and their
buffer should separately address their unique parameters and characteristics desired for
wetlands or watercourses.
For instance:
• Wetland function is to retain, filter and infiltrate and/slow the runoffs, while watercourses
function is conveyance of water and sediment while preventing floods are paramount.
While large vegetated surfaces desirable for wetlands, vegetated wetted area of a
watercourse could impair its conveyance and sediment transport capacity.
• At the hydraulics levels, meandering, riffle, pooling, water speed, wetted perimeter
texture and characteristics could have the same beneficial weight as watercourse buffer
width.
• At the Physicochemical level, water temperature, dissolved oxygen and coli form level
could be essential at final discharge of a watercourse in its distributary to be attractive
for upstream fish migration.
• At the Biological level, warmer temperature could be tolerated or even desirable for
terrestrial riparian habitat (reptiles, amphibians) while could be impairing for aquatic
habitat (cold water fish).
Watercourses and wetland are functional different critical areas.
Buffer averaqina has not been desianed. evaluated or recommended to be used for
watercourse and there is no evidence for its usefulness for imaroving the function of anv
critical areas. Watercourse buffer averagina adaptation for watercourses lust for
convenience or reaulation consistencv without assessina the functional consequences
is environmentally riskv.
5of10
91
Best Available Science Considerations
WAC 365-190-080 (2) requires that: "Counties and Cities must include the best available
science as described in chapter 365-195 WAC, ... when developing policies and regulations
that protect critical areas..."
Criteria for obtaining the best available science (BAS)
(1) Consultation with state and federal natural resources agencies and tribes
(2) County or City compilation of scientific information ,
County or cities should have on record:
(a) Specific policies and regulation adopted
(b) Relevant Sources of BAS used for decision making
(c) Any non scientific information for policy and regulations that depart from scientific -based
recommendations.
According to TMC 18.45.020 B, "Nonscientific information may supplement scientific
information, but is not an adequate substitution for valid and available scientific
information". (BAS)
Department of Ecology's Appendix 8-C ( July 2018) Guidance on Widths of Buffers and
Ratios for Compensatory Mitigation for Use with the Western Washington Wetland Rating
System, 2014 states:
"There is no scientific information available to determine if averaging the widths of
buffers actually protects functions of wetlands"
Until validation BAS validation of buffer averaging, it the current 50% buffer reduction
provision of TMC 18.44 should be maintained while still in compliance with BAS.
The current TMC 18.44 will allow a property owner to apply for a buffer reduction permit to
develop 50% of the existing and enhance the remaining critical area.
For watercourses in highly urbanized areas like Tukwila, the parcels are of small size, and
some buffers extend over the whole property. Under the current code, watercourse buffer
reduction may allow use of 50% of the buffer with enhancement mitigation in the remaining
buffer. Under the proposed 75% width and total area conditions tl" e development may become
impossible and no further enhancement for wildlife of human habitat.
Furthermore, the methodology of for buffer averaging is not clear and it will further
escalate the cost of permitting and open the door of disputes with applicants.
This will be contrary to the purpose of TMC 18.45 including balance of the rights of individual
property owners with the preservation of the environmentally critical areas.
The proposed buffer reduction by averaging without supporting BAS is in non
compliance with TMC 18.45.10, TMC 18.45.20 and RCW 36.70A.172 and could be the
subject of a petition under RCW 36.70A.290.
It will be more fair and constructive and in concordance with the purpose of the TMC
18.44 to maintain the 50% reduction rule as is now and until further determination on
buffer averaging applicability.
6of10
92
Case studv: Property development with 50% buffer reduction vs. buffer averaaina
Consider 200 ft long property bordering a Type F watercourse and 100 ft landward width, that is a
100 ft x 200 ft = 20,000 sqft degraded, non vegetated buffer on a vacant'land.
A. With 50% buffer reduction
Under current code, 50% buffer reduction will resulting buffer width is 50% and have 200 ft x 50 ft =
10,000 sqft enhanced buffer and a 10,000 sqft developable land.
If development will be used for low density residential project (LDR) the following needs to be deducted
form the 50ft x 200 ft developable land:
Buffer setback 15 ft x 200 ft = 3,000 sqft
Side setback 5 ft x 200 ft = 1,000 sqft
Rear setback 10 ft x 30 ft = 300 sqft
Front setback 20 ft 20 ft x 30 ft = 600 sqft
The buildable land after setback reductions is: 180 ft x 30 ft = 5,400 sqft but for a 20,000 sqft LDR lot the
maximum building size is 4,000 sqft. A large house is possible 65 ft away from the water -course and
separated by 15 ft vegetated buffer setback (better than a degraded buffer) and an enhanced 50 ft
functional buffer. In total the functional buffer of 65 ft x 200 ft = 13,000 sqft buffer that is better that 20,000
sqft degraded buffer it replaces. If the new buffer is 25% more functional,than the old one, there is a net
improvement for the critical area.
Furthermore, reasonable use exception with further watercourse of buffer enhancement is possible
and may be more beneficial for wildlife and human habitat development
See Figure 1 of Appendix A
A. With buffer averaging
Under proposed code, buffer averaging is allowed only if there are functional differences within
watercourse reach and the buffer will be increased adjacent to high functional area and will be decreased
in lower functional area and there will be improved watercourse protectid°n.
According to buffer averaging total area condition, for each linear feet of buffer reduction to 75% an
equal linear feet of buffer increase to 125% to be provided. No enhancement is required. For the same
100 ft wide parcel, the increased buffer width will be125 ft, and encroaching onto the next property.
Assuming that expansion into the next property is granted in exchange to tax liability or acquisition, and
a 50% split between 75% and 125% width buffers with no enhancement we have:
75 ft x 125 ft = 7,500 sqft degraded buffer (0-75 ft from watercourse)
100 ft x 100 ft = 10,000 sqft degraded buffer (0-100 ft from watercourse)
25 ft x 100 ft = 2,500 sqft more degraded buffer (100-125 ft from water course)
25 ft x 100 ft = 2,500 sqft developable area (75-100 ft fro"watercourse)
There is no evidence that new buffer (more distant from critical area will) be an improvement over the
old one. For instance if new trees are planted, the ones in the distant buffer will need a longer time to
reach heights that project the same shade on the critical areas if they were planted in than existing buffer.
Assuming the new buffer offers tha same level of protection as the old one, the net result after buffer
averaging for the same 100 ft x 200 ft parcel will be:
20,000 sqft of degraded buffer (7,500 + 10,000 + 2,500)
2,500 sqft instead of 10,000 sqft allowed under current rule
If development will be used for low density residential project (LDR) the following needs to be deducted
form the 25ft x 200 ft developable land:
Buffer setback 15 ft x 100 ft = 1,500 sqft
Side setback 5 ft x 100 ft = 500 sqft
Rear setback 10 ft x 5 ft = 50 sqft
7of10
93
Front setback 20 ft 20 ft x 5 ft = 100 sqft
The buildable land after setback reductions is: 5 ft x 30 ft = 150 sqft developable area land
For a 2,500 sqft LDR lot the maximum building size is 875 sqft so 150 sqft building is quite sufficient
accommodate a log bench for bird watching.
See figure 2 in Appendix A
To summarize, the choices are:
1. No development: 20,000 sqft degraded buffer ( undevelopable property but tax liability)
2. 50% buffer reduction: 10,000 sqf functional buffer + 10,000 sqft developable property
(+ increased revenue for City and County = better Tukwila)
3. Buffer averaging: 22,500 sqft degraded buffer + 150 sqft developable land (no incentive
even to consider)
REFERENCES:
Wetlands:
1. Wetlands in Washington State, Volume 1: A Synthesis of the Science
Ecology Publication #05-06-006, 2005
2. Wetlands in Washington State , Volume 2: Guidance for Protecting
and Managing Wetlands, Ecology Publication #05-06-008, 2005
3. Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington, by
Thomas Hruby, PhD , Washington State Department of Ecology, 2012
4. Washington State Wetland Rating System for Western Washington, by Thomas Hruby,PhD, SEA
Program, Washington State Department of Ecology
5. Appendix 8-C Guidance on Widths of Buffers and Ratios for Compensatory Mitigation for Use with the
Western Washington Wetland Rating System, 2014 '
6. Appendix 8-C (July 2018) Guidance on Widths of Buffers and Ratios for Compensatory Mitigation for
Use with the Western Washington Wetland Rating System, 2014.
Watercourses:
7. Fostoria Basin Storm Water Quality Management Plan, by Herrera Environmental Consultants, Inc.,
1996
8. Habitat Limiting Factors and Reconnaissance Assessment Report Green/Duwamish and Central
Puget Sound Watersheds by Water Resource Inventory Area 9 and Vashon Island, King County), and
Washington State Conservation Commission
9. The Effects of Temperature on Steelhead Trout, Coho Salmon, and Chinook Salmon Biology and
Function by Life Stage, Implications for Klamath Basin TMDLs by Katharine Carter Environmental
Scientist California Regional Water Quality Control Board North Coast Region, August 2005
10. The Effects of Dissolved Oxygen on Steelhead Trout, Coho Salmon, and Chinook Salmon Biology
and Function by Life Stage by Katharine Carter Environmental Scientist California Regional Water
Quality Control Board North Coast Region, August 2005
11. Salmon Creek Watershed Bacteria and TurbidityTotal Maximum Daily Load (Water Cleanup Plan)
Detailed Implementation Plan, Prepared by: Dave Howard Washington State Department of Ecology
Water Quality Program Vancouver Field Office 2108 Grand Blvd. Vancouver, Washington 98661-
4622 March 2005 Ecology Publication Number 05-10-037
12. City of Tukwila Comprehensive Land Use Plan, Natural Environment Chapter Regulatory
Background Report, 2015 Growth Management Act Update to Comprehensive Plan, Planning
Commission Draft June 2013
13. Fish habitat in fresh water streams, by Lisa C Thompson, UC Cooperative Extension Anadromous
and Inland Fisheries Specialist, UC Davis and Royce Larsen , UCCE Farm Advisor, San Luis Obsipo
County, ANR Publication 8112, university of California, Division of Agriculture and Natural
Resources, UC, Peer Reviewed, 2004
14. Board Manual - 02/2002 Determining Fish Use for the Purpose of Typing Waters
M13-1 Section 13, Washington State Forest Practices Board Manual, 2002
8of10
15. Green/Duwamish River Watershed Pollutant Loading Assessment, Technical Approach
Appendices, by Tetra Tech, Inc., 2014, EPA Region 10, Ecology
16 Tide Gate Modifications for Fish Passage and Water Quality Enhancement
Tillamook Bay National Estuary Project 613, by Jay Charland, 1998
17. PCB Source Control Investigation of the City of Tukwila Stormwater System
Jorgensen Pipe Discharge Area City of Tukwila, WA, by PBS Engineering + Environmental, Project
No. 40407.011, Prepared for: Prepared for Ryan Larson, Public Works Department, City of Tukwila,
2008
18. City of Tukwila, Shoreline Master Program Update, Shoreline Restoration Plan by ESA Adolfson,
2009, Ecology Grant #G0600234
19. City of Tukwila 2013 Surface Water Comprehensive Plan Prepared forTukwila, CH2MHILL, 2013
20. Puget Sound Hatcheries, for Steelhead, Coho Salmon, Chum Salmon, Sockeye Salmon & Pinck
Salmon, Puget Sound treaties & Washington Department of Fish and Wildlife, 2004.
21. Southgate Creek Sedimentation Assesment , prepared for City of Tukwila, by CH2MHILL, 2010
24.Sediment removal from Freshwater Salmonid Habitat -Guidelines to NOAA Fisheries Staff for the
Evaluation of Sediment Removal Actions from California Streams. NOAA Fisheries - Southwest
Region, 2004
22. Stormwater System Work Plan to Control Storm Water Drain Discharges from Boeing Plant 2,
Seattle/Tukwila, Washington, Prepared for The Boeing Company by Golder Associates Inc., 2010
23. Introduction to Fishway Design by Chris Katopodis, P.Eng., Freshwater Institute Central and Arctic
Region Department of Fisheries and Oceans 501 University Crescent Winnipeg, Manitoba Canada,
1992
24. Green River Temperature Total Maximum Daily Load , Water Quality Improvement Washington
State Department of Ecology, 2011, Publication No. 11-10-046
25. A Function -Based Framework for Stream Assessment & Restoration Projects, Environmental
Protection Agency, Publication EPA 843-K-12-006 2012
26. Temperature Criteria for Fresh Water Fish: Protocol and Procedures, Environmental Protection
Agency, Publication EPA 600/3-77-061
27. Gilliam Creek Basin Stormwater Management Plan by Herrera Environmental Consultants, Inc. and
RW Beck
28. Green/Duwamish River Watershed Pollutant Loading Assessment Technical Approach,
By Tetra Tech, Inc., Submitted to U.S. Environmental Protection Agency, Region 10 and Washington
Department of Ecology , 2014.
29. Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications, Priority Habitats
and Species Document of the Washington Department of Fish and Wildlife, Final Version, May 2018
30. Riparian Ecosystems, Volume 2: Management Recommendations, A Priority Habitats and Species
Document of the Washington Department of Fish and Wildlife, Pubic Review Draft, May, 2018
31. Modeling Stream Shade: Riparian Buffer Height and Density as Important as Buffer Width. DeWalle,
David R., 2010. Journal of the American Water Resources Association (JAWRA)
32. Integrating Humans into Ecology: Opportunities and Challenges for Studying Urban Ecosystems by
Marina Alberti John M. Marzluff Eric Shulenberger Gordon Bradley Clare Ryan Craig Zumbrunnen,
BioScience, Volume 53, Issue 12, December 2003,
33. Restoring streams in an urbanizing world by Emily S. Bernhardt and Margret A. Palmer, Freshwater
Biology (2007) 52, 738-751
34. Western Rivers in Urban Areas --Unique Ecosystems Todd L. Harris, James F. Saunders III, and
William M. Lewis, Jr. Metro Wastewater Reclamation District
9of10
95
50'—'0"
PROPERTY LINE
L50%
BLUFFER REDUCTION
600 SQFT DEVELOPABLE LAND
0 R U
D U E E E
w loo—o"
10,000 SO ,ET FUNC,,T,],,,,QNAL BUFFER
�J—
cy
Ld SHADE 0- SHADE TREES SHADE TREES DE TREES SHADE TREES
Q2
TYPE F WATRECOURSE I
PROPERTY LINE
FIGURE 2
loo'—o" I loo'—o"
125 FT BUFFER EDGE
(IF NEIGHBOUR ALLOW)
PROPERTY LINE
25'[—Oq"2,500
7 z
SQFT DEJVLOPABLE AREA
75 FT BUFFER EDGE
IZ
I
BUFFR AVERAGING
I a- 100
—D"
20)000 SQFT DEGRADED BUFFER
to
�7
a� I
ui
I
a-
0
(If
CL
TYPE F WATRECOURSE
PROPERTY LINE
PROPERTY LINE
100 FT BUFFER EDGE
Z-00'—O"
NO DEVELOPMENT
lool—o"
UNDEVELOPED VACANT LAND
I
I
20,000 SQFT DEGRADED BUFFER
ui
0
u,
Z:
Of
CL
ch:
LLJ
CL
0
CL
CL
TYPE F WATRECOURSE
PROPERTY LINE
a
I
HALINEN LAW
David L. Halinen, P.E., Attorney at Law davidhalinen@halinenlaw.com
L j.
Seattle ° 206.443.4684 ® Tacoma ° 253.627.6680 , Fax • 253.272.9876 , Cell ° 206,713.0992
Halinen Law Offices, P.S. 1019 Regents Blvd Ste 202 Fircrest, WA 98466-6037 = halinenlaw.com
November 20, 2019 [Replaces and supersedes the
Nov. 19, 2019 version of this letter]
VIA EMAIL
Tukwila City Council
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188-8548
Re: The Proposed Update of the Tukwila Environmentally Critical Areas Code
My Client AnMarCo's Modified Request for Revisions to the "Interrupted
Buffer" Paragraph in paragraph 2 of Section 18.45.80 (Wetlands
Designations, Ratings and Buffers) of the Planning Commission's
Recommended Draft of the Code Update
Dear Council Members:
As you will recall, both I and critical areas consultant Emmett Pritchard of Raedeke
provided both written and oral public testimony to the full City Council during the September 23,
2019 public hearing concerning the "Interrupted Buffer" paragraph set forth as paragraph 2 of
Section 18.45.80 (Wetlands Designations, Ratings and Buffers) of the Planning Commission's
Recommended Draft of the Update of the Tukwila Environmentally Critical Areas Code.
After phone calls with Tukwila Planning Supervisor Minnie Dhaliwal regarding (1)
AnMarCo's original proposal for revisions to the Planning Commission's recommended text for
"Interrupted Buffer" paragraph, (2) her explanation that our original proposal in relation to paved
trails as a buffer interruption would relate to all the many paved trails throughout the City and
would be unacceptable, (3) her comment to me that there are special circumstances along the
segment of the Interurban Trail that runs along the east side of the Interurban Trail near
AnMarCo's property, and (4) my suggestion to her of a much -narrowed scope of AnMarCo's
initial request relating to paved trails, I am writing to propose and explain a much -narrowed
paved trail -related proposal within paragraph 2, a proposal relating only to the segment of the
Interurban Trail and area subject to Puget Sound Energy's easements for vegetation removal
lying within the 60-foot-wide strip of street right-of-way and reserved easements in the 1994
right-of-way deed from PSE to the City.
AnMarCo's Modified Requested Revisions to
the Interrupted Buffer Paragraph
AnMarCo's modified proposal for revisions to paragraph 2 of Section 18.45.80 is hereby
revised to state as follows (with all of AnMarCo's cumulative requested revisions color -
illustrated by means of MS Word's "track changes" feature and with the modified proposed
revisions also yellow -highlighted):
97
Tukwila City Council
November 20, 2019
Page 2
2. Interrupted Buffer: Waiver for interrupted buffer may be allowed by the
Director as a Type 2 permit if the following criteria are is --met:
i) The buffer is interrupted by a paved public or private road; by the
segment of the paved public Interurban Trail located within the 60-foot-
wide strip of street right-of-way and reserved perpetual easements for
electrical purposes and vegetation cutting, removal. disposal, and
management recorded under County Recording No. 9409130817, by
legally constructed buildings; ef—by a legally constructed aeved
parking lots: or by some other legally constructed substantial
improvement. On lots with a primary single-family residence, Tthis
waiver does not apply to a buffer interrupted by a minor accessory
structures such as a tool sheds or a a*d-garages associated;
i_i) The existing legal improvement creates a substantial barrier to the buffer
function;
ii_i) The interrupted buffer does not provide additional protection of the
critical area from the proposed development; and
iviri) The interrupted buffer does not provide significant hydrological, water
quality and wildlife functions. This Elees iiat appiy if large [Foos
v_+v) Enhancement of remaining buffer is required if feasible.
The PSE Reserved Easements to Cut, Remove and Dispose of Any and
All Brush, Trees and Other Vegetation within the Right -of -Way Strip
Please recall that, on page 3 of my September 23, 2019 letter to the Council, I addressed
the 60-foot-wide strip of street right-of-way that the City acquired from Puget Sound Energy by
virtue of the above -referenced recorded Right of Way Deed, an acquisition that is subject to
perpetual reserved easements, including an easement for overhead and underground power
transmission facilities and a reservation of easement rights that include the right to cut, remove
and dispose of any and all brush, trees, and other vegetation upon that parcel on a continuing
basis. I attached a copy of that recorded instrument to my earlier letter and have attached it to
this letter as well for your reference.
PSE's Exercise This Summer of Its Reserved Easements Right to Cut, Remove
and Dispose of Vegetation within the Rijzht-of-Way
Just this last summer, PSE exercised its vegetation removal rights with a vegetation
removal operation along segments of the street right-of-way and easement, not only along more
than half of the subject nearly 600-foot length of the narrow AnMarCo parcel but also east of and
along a segment of property to the north near Strander Boulevard.
At the public hearing, Emmett Pritchard submitted his September 23, 2019 memo with
two attached color aerial photos (pages 2 and 3 of his memo) and attached color ground -level
Tukwila City Council
November 20, 2019
Page 3
photos into the public hearing record. On page 3 of his memo submittal, the more close-up aerial
photo (Aerial Photo 2, on which the AnMarCo parcel is outlined in red) had been taken some
time before this summers vegetation removal. His ground -level Photos 1, 2, and 3 on pages 4,
5, and G, respectively, of Mr. Prichard's submittal make clear that PSE's vegetation removal
operation along part of the east side of the paved trail removed vegetation nearly to the ground
su face along more than half of the east side of the AnMarCo property as well as along the east
side of private property near Strander Boulevard. (Note in Photos 1, 2, and 3 that the major PSE
overhead powerlines are directly above the strip of the recently -removed vegetation.)
This year's PSE vegetation removal did not extend the entire length of the road right-of-
way the City acquired from PSE. Other segments along the road right-of-way will undoubtedly
have similar removal of vegetation in future years as part of PSE's ongoing need to protect its
overhead power lines from the threat of vegetation fires below the powerlines damaging the
lines.
Summation
The ongoing need for periodic vegetation removal by PSE within the easement along the
paved Interurban Trail itself is an interruption of wetland buffers extending from wetland areas
lying to the east of the Interurban Trail. Taken together, the paved Interurban Trail and PSE's
perpetual need for vegetation removal along the subject segment of the Interurban Trail within
the road right-of-way and easements strip create a very significant buffer interruption, one that
reasonably should be reflected in paragraph 2 of Section 18.45.80.
Not including the subject requested modification of AnMarCo's original paved trails
interrupted buffer provision will unfairly burden the owners of the parcels of property abutting
the west side of the road right-of-way and easement because, with the buffer interruption caused
by the paved Interurban Trail segment and PSE's ongoing need for vegetation removal within the
right-of-way and easement strip, the outside edge of the ordinarily -required buffer extending into
those abutting private parcels will provide extremely little or no environmental benefit.
Please consider and approve this modified request in view of Goal 7 of subsection B of
Planning Commission -recommended Section 18.45.10 (Purpose) of TMC CHAPTER 18.45.
With the Commission's recommended revision to that goal, Goal 7 will state as follows:
7. Balance the private rights of individual property owners with the
preservation of environmentally critical areas.
Sincerely,
H - NEN LAW OFFICES, P.S.
David L. Halinen
.•
Tukwila City Council
November 20, 2019
Page 4
Attachments: (1) Copy of Right -of -Way Deed, (2) the September 23, 2019 Raedeke Associates
color Technical Memorandum with attached annotated photos, and (3) a two -page
November 20, 2019 letter from Raedeke Associates' Emmett Pritchard relating to
this letter
cc: Jim Blais, AnMarCo LLC (via email with attachments)
Emmett Pritchard, Raedeke Associates (via email with attachments)
Minnie Dhaliwal, Tukwila Planning Supervisor (via email with attachments)
Andrea Cummins, City of Tukwila Environmental Specialist (via email with attachments)
100
Wetland & Aquatic Sciences
Wildlife Ecology
Landscape Architecture
November 20, 2019
Tukwila City Council
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188-8548
RE: Council Proposed Update of the Tukwila Environmentally Critical Areas Code
R.A.I. Project #2019-053-002
Dear Council Members:
On September 23, 2019, I provided both written and oral testimony to the Tukwila City
Council concerning the "Interrupted Buffer" paragraph set forth as paragraph 2 of Section
18.45.80 of the Planning Commission's Recommended Draft of the Update of the
Tukwila Environmentally Critical Areas Code. My September 23`d testimony presented -
the findings of my firm's reconnaissance of wetlands and buffer conditions in the vicinity
of the AnMarCo property with respect to a wetland located on the east side of the
Interurban trail and within the Puget Sound Energy (PSE) easement. My testimony was
based on information collected during investigations of the site conducted by members of
my staff during June and August, 2019 and by myself on September 20, 2019.
I have since been provided and reviewed for accuracy a copy of Mr. David Halinen's
letter dated November 20, 2019 regarding the proposed update of the Tukwila
Environmentally Critical Areas Code. I agree with statements made in the letter
regarding buffer conditions and recent vegetation removal within the wetland buffer by
PSE within a portion of their easement fronting a substantial portion of the AnMarCo
property and within a portion of their easement to the north near Strander Boulevard. In
addition, based on the presence of a maintenance/access road stemming east and
southeast from near the midpoint of the east side of the AnMarCo property, and
extending through the PSE easement from the Interurban trail connecting with the
Oregon -Washington Railroad and Navigation Company railroad line to the east, it
appears likely that maintenance of this portion of the PSE easement occurs on a more
frequent basis than along other portions of the easement.
Thank you for the opportunity to submit this additional information to you. If you have
any questions you may contact me directly at (206) 525-8122.
2111 N. Northgate Way, Ste 219 Seattle, WA 98133 206-525-8122 raedeke.com
101
Tukwila City Council
November 20, 2019
Page 2
Respectfully submitted,
RAEDEKE ASSOCIATES, INC.
Emmett Pritchard, Principal
Wetland Ecologist
102
;3
Filed for Record at Request of
PUGET SOUND POWER & LIGHT COMPANY
Real Estate Department
P.O. Box 97034
Bellevue, WA 98009-9734
RIGHT OF WAX DEED
The PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation
(hereinafter referred to as "Puget"), for and in consideration of Ten
& No/100 Dollars ($10.00) and other good and valuable consideration
conveys and quit claims to THE CITY OF TUKWILA, a Washington municipal
corporation, (hereinafter referred to as "the City", the following
described real estate for street right of way, situated in the County
of King, State of Washington:
A strip of land sixty (60) feet in width lying 30 feet on
each side of the following described centerline:
Beginning at the Southeast corner of Lot 2 of Short Plat
084-85 filed with the City of Renton under Recording Number
B702039008 in the Northwest quarter of Section 25, Township
23 North, Range 4 East, W.M.; thence North 01'21'49" West
14 along the East line, also being the West margin of the Puget
Go Sound Electric Railway 100 foot wide right of way, of said
G short plat 219.98 feet to the centerline of Tract "X" and
the True Point -of Beginning of this centerline description;
thence Easterly along a curve to the left whose radius is
1,000 feet and bears North 01039,24" East through a central
angle of 04'28'02" and an arc length of 77.91 feet; thence
Qj continuing Easterly along a curve to the right whose radius
equals 1,000 feet and bears South 02'48138" East through a
central angle of 01*15,51" and an arc length of 22.06 feet
to the East margin of said Puget Sound Electric Railway 100
foot wide right of way and the terminus of said centerline.
Puget herein reserves unto itself, its successors and assigns,
for the purposes hereinafter set forth, a perpetual non-exclusive
easement (the "Easement" herein) over, under, along, across and
through the above described real estate (the "Property" herein)
subject to the following terms and conditions:
1. glectrical Purposes. The right to construct, operate,
maintain, repair, replace, improve, remove, enlarge and use one
or more existing and future electric transmission and/or
distribution systems over and/or under the Property, together
with all necessary or convenient appurtenances thereto, which may
include but not be limited to the following:
a. Overhead facilities. Poles and/or towers with
crossarms, braces, guys and anchors; electric transmission
and distribution lines; fiber optic cable, communication and
signal lines; transformers.
b. Undergrcund facilities. Underground conduits,
electric transmission and distribution cables, vaults,
manholes, switches and transformers; semi -buried or ground
mounted facilities such as pads, transformers and switches;
fiber optic cable, communication and signal lines.
Puget may, from time to time, construct such additional
facilities as it may require for its systems. Provided, however,
that no such enlargement or replacement of Puget's existing
systems nor any construction of future facilities shall be of a
nature, or in a location, which is inconsistent with the City's
use of the Property for street right of way.
103
2. Access Purposes. The right of access over, across and
along the Property to enable Puget to exercise its rights under
the Easement. Puget shall repair or reasonably compensate the
City for any damage to Property, including damage to roads,
trails, driveways and fences caused by the exercise of such right
of access.
3. Property Clearing and Maintenance Purposes. The right
to cut, remove and dispose of any and all brush, tree's and other
vegetation presently existing upon the Property. Puget shall
also have the right to control, on a continuing basis and by any
prudent and reasonable means, the establishment and growth of
brush, trees and and other vegetation upon the Property which
could, in the opinion of Puget, interfere with the exercise of
Puget's rights under the Easement or create a hazard to Puget's
systems. The City shall be entitled to no compensation for the
value of trees cut, trimmed, removed or disposed of
4. The City's Use of the Property. The City shall not
construct or maintain any structure or other improvement on the
Property which will interfere with Puget's rights under the
Easement herein, cause a violation of the National Electric Code
or any other applicable law or regulation, or create a hazard to
Puget's electrical systems or operations. Before the
commencement of any work on the Property which would result in a
change of the existing ground elevation, the City shall submit to
Puget, for its review and acceptance, a set of plans and
specifications detailing the proposed work.
5. Indemnity. Puget agrees to indemnify the City from and
against liability incurred by the City as a result of Puget's
negligence in the exercise of the rights herein reserved by
Puget, but nothing herein shall require Puget to indemnify the
City for that portion of any such liability attributable to the
negligence of the City or the negligence of others.
Q6. Succesoozo and Assigns. Puget reserves the right to
M assign, apportion or otherwise transfer any or all of its rights,
T4 benefits, privileges and interests reserved herein and otherwise
8 arising under this document. Without limiting the generality of
the foregoing, the rights and obligations of the parties shall
inure to the benefit of and be binding upon their respective
successors and assigns.
IN WITNESS WHEREOF, said co o tion has c�.used this
instrument to be executed this day of `1.t Pt_`' _
1994.
ACCEPTED AND APPROVED
CITY OF TUKWILA
By:
Its:
Approved as to orm:
City Attorney
PUGET SOUND POWER & LIGHT COMPANY
By:
Director Real atate & Facilities
104
D-
14
C"3
RIGHT OF WAY DEED
PUGET SOUND POWER & LIGHT COMPANY
CITY OF TUKWILA _
STATE OF WASHINGTON )
) SS.
COUNTY OF KING
// 1
On this (- day of 1C,lP 1994, before
me, the undersigned ARNOLD J. TOMAC, to me known to be the
Director Real Estate & Facilities of PUGET SOUND POWER & LIGHT
COMPANY, the corporation that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that he is authorized to
execute the said instrument.
•.WITNESS my hand and official seal hereto affixed the day and
,year fi'rst.above written.
1 / -
Notary Public in and for the State of
Washington, residing
My commission expires
FILED FOR RECORD AT nEQUEST OF:
Pi.IGET POWER
RE,"%L EST;1 E DEPART.'JE%W
P.O. FOX 97034
BELLEVUE, WASHINGTON 98009.9734
105
106
Wetland & Aquatic Sciences
Wildlife Ecology
Landscape Architecture
September 23, 2019
TECHNICAL MEMORANDUM
AnMarCo LLC
c/o Merlino Properties
Attn: Jim Blais
From Emmett Pritchard, B.S.
Principal / Wetland Ecologist
Raedeke Associates, Inc.
RE: Interurban Trail Existing Conditions Documentation
RAI Project No. 2019-053-002
Per your request, this technical memorandum provides documentation of our
investigation of existing conditions of the asphalt -paved Interurban Trail in the vicinity of
a parcel of property owned by AnMarCo LLC at 17024 West Valley Hwy in the City of
Tukwila, Washington (APN 252304904). The purpose of this memo is to document trail
conditions in order to demonstrate that the investigated section of the Interurban Trail is
an example of legally improved public right-of-way that warrants consideration as a
buffer interruption under the currently proposed code update to Chapter 18.45
"Environmentally Sensitive Areas" that is now under review by the Tukwila City
Council.
We investigated the paved Interurban Trail in the vicinity of the subject property on June
5, August 8, 2019 and further on September 20, 2019. As part of our investigation, we
walked southward along the trail from Strander Boulevard to a trail crossing by a railroad
sidetrack segment (of the Oregon -Washington Railroad and Navigation Company
railroad line) located approximately 180 feet south of the subject property. We observed
several wetlands between the railroad line and the Interurban Trail along the investigated
trail segment.
At the time of our site investigations, we photo -documented the Interurban Trail and
conditions of adjoining wetland buffers on both sides of the trail. Photographs taken
during our investigations are provided below. In addition, we measured the paved trail
width at ten equally -spaced locations along the investigated portion of the trail. Based on
our measurements, we found the investigated segment of the paved trail to be an average
of 12.4 feet in width.
9510 Stone Avenue N. Seattle, WA 98103 206-525-8122 www.raedeke.com
107
terurba I nterurba r
, �7-
------------ T==—
Owl
vi
lima
th,;eirle:
n 1
40
e Elrth
_0,A) ft
AnMarCo LLC, c/o Mr. Jim Blais, Merlino Properties
September 23, 2019
Page 3
I
Google Earth Aerial Photograph 2. Developed area along the west side of the paved Interurban Trail in the vicinity of the AnMarCo
parcel at 17024 West Valley Hwy.
O
CD
o AnMarCo LLC, c/o Mr. Jim Blais, Merlino Properties
September 23, 2019
Page 4
rnoto 1. Interurban Trail facing to the south. Developed conditions along the west side of the paved Interurban Trail along the northern
extent of the AnMarCo parcel at 17024 West Valley Hwy. August 8, 2019.
AnMarCo LLC, c/o Mr. Jim Blais, Merlino Properties
September 23, 2019
Page 5
Photo 2. Interurban Trail facing to the south. Developed conditions along the west side of the Interurban Trail along the southern extent of
the AnMarCo parcel at 17024 West Valley Hwy. The wetland buffer on the east and west sides of the trail had been recently cleared by PSE
(and work appeared to still be underway on the east side). August 8, 2019.
N AnMarCo LLC, c/o Mr. Jim Blais, Merlino Properties
September 23, 2019
Page 6
Photo J. Interurban Trail facing to the north. Maintenance vehicle accessing the Interurban Trail near Strander Boulevard (north of
the AnMarCo Parcel). Recent vegetation maintenance by PSE on east side of the trail. August 8, 2019.
AnMarco LLC, c/o Mr. Jim Blais, Merlino Properties
Draft of September 23, 2019
Page 7
Photo 4. Interurban Trail facing to the south. Maintenance vehicle utilizing the Interurban Trail approximately 500 feet south of
the AnMarCo parcel at 17024 West Valley Hwy. Access from Strander Boulevard or S. 180th Street. August 8, 2019.
114
CH&CA] RNCROSS&HEMPELMANN
ATTORNEYS AT LAW
524 2nd Ave., Suite 500 office 206.587.0700
Seattle, WA 98104 fax 206.587.2308
www.cairncross.com
October 23, 2019
VIA F.MAIT.
Minnie Dhaliwal
City of Tukwila
6300 Southcenter Blvd.,# 100
Tukwila, WA 98188
miiinie.dhaliwal@tukwilawa.gov
Re: Proposed Amendments to the Critical Areas Ordinance Update
Dear Ms. Dhaliwal:
As you know, this firm represents Segale Properties LLC ("Segale") and we previously
submitted comment letters regarding the Critical Areas Ordinance Update on behalf of Segale.
In response to feedback from you, we submit this supplemental comment letter proposing revised
language to the Critical Areas Ordinance.
As detailed in prior letters, Development of Tukwila South currently is governed by a
long-term Development Agreement and a Sensitive Areas Master Plan. Some regulations are
vested during the term of the Development Agreement, while others are not, and when the
Development Agreement term expires, any regulations adopted by the Council now will apply.
As a result, Segale is keenly interested in and impacted by the proposed Critical Areas Ordinance
Update.
Segale proposes two amendments to the Critical Areas Ordinance Update. First, Segale
proposes a new subsection to TMC 18.45.160 to address the circumstance where critical area
buffers within Tukwila South have already been set by an approved Sensitive Areas Master Plan
and adjacent lands to those buffer boundaries have already been cleared and graded. As a result,
these adjacent lands do not provide any ecological benefit and do not merit inclusion within
buffers that will be expanded under the Critical Areas Code Update. This is the case with
Tukwila South where Segale has spent years installing the necessary infrastructure and re-
grading the land adjacent to the buffers set by an approved Sensitive Areas Master Plan. There is
no added benefit to labelling as buffer previously graded and filled lands, some of which are
vertically separated by up to 20 feet from the critical area, but there would be a negative impact
on the ability to build on the previously graded lands.
nroeers cairncross.com
direct: (206) 254-4417
(03842I32.DOCX;4 )
115
Minnie Dhaliwal
October 23, 2019
Page 2
This preparation work for development was done consistent with the Development
Agreement, an approved Sensitive Areas Master Plan, City -approved grading permits, and an
issued Section 404 Permit and Section 401 Certification. Segale also performed mitigation work
required by the Sensitive Areas Master Plan. This mitigation work was designed to ensure
functionality and required monitoring confirmed it is functioning, as required by the approved
Sensitive Areas Master Plan.
The proposed new subsection to TMC 18.45.160 assures that later Building Permit
applications for development on these previously graded and filled lands will not be subject to
expanded buffers under the newly adopted Critical Areas Ordinance. We previously submitted
language for your review to address the above concern, but we have since revised that language
in a manner we believe is now acceptable to City Staff. We therefore recommend that the
following language be added as a new subsection to TMC 18,45.160 (new text is shown
underlined):
The critical area buffers widths for those areas that were altered, created or
restored as mitigation (Wetland 10 1 Johnson Creek and the Green River off -
channel habitat) at the time of approval of the Sensitive Area Master Plan Permit
No L10-014 (SAMP) shall be vested as shown on [Map A]; provided the adjacent
land was cleared and graded pursuant to a city approved grading permit; and
provided further that those mitigation measures required by the SAMP were
performed and meet ecological goals, in accordance with the terms of the SAMP.
* Map A is included as Exhibit A to this comment letter.
The second requested amendment to the Critical Areas Ordinance is to address the intent
behind the Code as to which existing improvements serve to interrupt and terminate a buffer. As
drafted, the proposed identical amendments at TMC 18.45.080.F.2.i and TMC 18.45.100.E.2.i,
provide that existing paved public or private roads, buildings, and parking lots interrupt the
buffers for wetlands and watercourses, respectively. During the Planning Commission's final
meeting reviewing the Shoreline Master Program update, City Staff indicated that this provision
also meant that any river levee would also interrupt the buffer. Segale recommends that intent be
made explicit by adding "levees" to the list of improvements that interrupt a buffer. Segale
proposes TMC 18.45.080.F.2.i. and TMC 18.45.100.E.2.i be amended as follows (new text is
shown underlined, against the current draft text):
2. Interrupted Buffer: Waiver for interrupted buffer may be allowed by the
Director as a Type 2 permit if the following criteria are met:
i) The buffer is interrupted by a paved public or private road; existing or future
levee legally constructed adjacent to an off -channel habitat; legally constructed
{03842132.DOCX;4 }
116
Minnie Dhaliwal
October 23, 2019
Page 3
buildings; or legally approved parking lots. This waiver does not apply to
accessory structures such as sheds and garages.
We recommend the above amendments to the Critical Areas Ordinance Update to assure
adequate protection to the existing rights of Tukwila property owners. Thank you again for your
continued efforts throughout this process.
Very truly yours, /
Nancy Bainb ' ge Rogers
NBR:alw
Cc: Ann Marie Soto
Mark Segale
Mike Pruett
{03842132.DOCX;4
117
Exhibit A
TMC 18.45.160, Map A
(attached)
nrogers(Rwairncross.com
direct: (206) 254-4417
118
(03842132.DOCX;4 )
"MAP -A"
GRAPHIC SCALE
CfTY OF 'WKWU
F �6
-.-.HIC SCALE (U
VICINITY
MAP
'nth
W V)
0.ILI
0
---Zz
A78— 5
CrrY OF
KENT
li J-1 I
V
z
m
�' \ �� \ ViNa CoLtm El
0
CRITICAL AREA TRACTS U)
~�� I \� _
TUKWLA SOUTH
OVERLAY ZONING BOUNDARY
vi
120