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HomeMy WebLinkAboutREG 2021-02-01 COMPLETE AGENDA PACKET REGULAR MEETING Allan Ekberg,Verna SealKathy Hougardy David Cline,De’Sean QuinnThomasMcLeod Kate Kruller,Zak IdanCynthiaDelostrinos Johnson TTCH,G’P HE MEETING WILL NOTBE CONDUCTED AT UKWILA ITY ALLBASED ON THE OVERNORS ROCLAMATION 20-28M24,2020: ADOPTED ARCH WHICH SAYS IN PART A,RCW42.30,, NY PUBLIC AGENCYSUBJECT TO IS PROHIBITED FROM CONDUCTING ANY MEETINGSUBJECT TO RCW42.30()-() UNLESSATHE MEETING IS NOT CONDUCTED INPERSONAND INSTEAD PROVIDES AN OPTIONS ,,,...” FOR THE PUBLIC TO ATTEND THE PROCEEDINGS THROUGHAT MINIMUMTELEPHONIC ACCESS THEPHONENUMBERFORTHEPUBLICTOLISTENTOTHEMEETINGIS: 1-253-292-9750, ACCESS CODE:670077847#. Join Microsoft Teams Meeting Click here to: Monday,February 1, 2021; 7:00 Ord #2651 Res #2019 PM 1.CALL TO ORDER /PLEDGE OF ALLEGIANCE / ROLL CALL 2.LAND ACKNOWLEDGEMENT Confirm the appointment of Hari Ponnekanti to the position of Pg.1 3.APPOINTMENTS Public Works Director. * 2021 update* Those wishing to provide public comments now have the 4.PUBLICCOMMENTS opportunity to verbally address the City Council via phone or Microsoft Teams for up to 5 minutes. To take advantage of this option, please email citycouncil@tukwilawa.govwith your name and the topic you wish tospeak on by 5:00 on the dateof the meeting. PM Please clearly indicate that your message is for public comment during the meeting. You will receive further instructions and be called upon during the meeting to address the City Council. 5.CONSENTAGENDAa.Approval of Minutes: 1/25/21 b.Approval of Vouchers Pg.5 c.Approve an application for lodging tax funds from Global to Local to support the developmentof digital marketing assetsfor the Spice Bridge International Food Hall located at Tukwila Village, in the amount of $5,000. d.Authorize the Mayor to sign an agreement for telecommunications Pg.7 asset sharing with ExteNet Systems, Inc. REGULARMEETING February1, 2021 Page 2 5.CONSENTAGENDAe.Authorize the Mayor to sign a grant agreement with the King Pg.27 (cont.)County Flood Control Districtfor the South 131stPlaceDrainage ImprovementProject, in the amount of $60,000.00. f.Authorize the Mayor to sign a consultant agreement with PACE Pg.41 Engineers for design services for the Macadam Road South Water Upgrade Project, in the amount of $77,339.16. 6.UNFINISHED a.Weekly COVID-19report.Pg.57 BUSINESS b.Authorize the Mayor to sign an agreement with King County Pg.65 Metro for the 2021-2022 Transportation Demand Management Program, in the amount of $225,000.00. 7.NEWBUSINESS 8.REPORTSa.Mayor b.City Council c.Staff –City AdministratorReport, Monthly Construction Pg.111 and BudgetReport,and 20204thQuarter Work Plan update d.City Attorney e.LegislativeAnalyst 9.EXECUTIVESESSION 10.MISCELLANEOUS 11.ADJOURNMENT This agendais available at www.tukwilawa.gov,and in alternateformatswith advance noticefor those with disabilities. Tukwila Council meetings areaudiotaped(and video tapedas of 9/14/20). Available at www.tukwilawa.gov) 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO:City Council FROM: Mayor Ekberg DATE: January 27, 2021 SUBJECT:Confirmation of Public Works Director I am pleased to announce my desire to appointHariPonnekantias the Public Works Director for Tukwila for your confirmation. Mr.Ponnekantihas more than twenty years of exceptional experience workingas a professional engineer in the public and private sectors includingPierce County, Seattle Public Utilities and for the past several years withinthe City of Tukwila.For the past six months he has provided excellent leadership in the Tukwila Public Works Department as the Interim Public WorksDirector. He has managed the department through the current COVID-19 financial difficulties,implemented staffrecommendations fordepartmentimprovements, has moved forward the City’s prioritiesoncapital projects, and has shown a solid willingness and ability to collaborate and partner with a range of stakeholders. I am excited to have Mr.Ponnekantias a key member of our City team to work withthe City Council and community on advancing our shared goals. As we searched for the right fit for our next Public WorkDirector,we asked our employees what they were looking for in their next director.Mr. Ponnekanti meet these items we heard from staff: “The Director must be an excellent communicator who can liaise at all levels of the organization.” “The new Director should be an inspiring leader and hands-on manager who can bring teams “The new Director should have a problem-solving orientation and wh “The Director should have experience in the type and variety of systems and work PW does with “The Director needs to be someone willing to hold people As the cross-department team completed their interviews, many employees stated how Mr.Ponnekantimet these qualities they were looking for in their next Director. They mentioned how he has worked across the whole organization in providing good customer service. They mentioned how he has a breadth of background and experience in the public and private sector, and a deep understanding of key public work issues. They discussed how he has worked to improve communication by holding all staff meetings and that he has listened to employees concerns. They appreciated how he lived our City values of Caring, Professional and Responsive and was committed to advancing our Equity Policies. I am excited that Mr. Ponnekanti has agreed to continue his leadership with the City of Tukwila and I look forward to his long-term commitment to our community. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Transportation & Infrastructure Committee Minutes........................................................................................January 25,2021 Usbotqpsubujpo!Efnboe!Nbobhfnfou!Bhsffnfou Tubgg!jt!tffljoh!Dpvodjm!bqqspwbm!pg!b!Usbotqpsubujpo!Efnboe!Nbobhfnfou!bhsffnfou!xjui Ljoh!Dpvouz!Nfusp!up!bddfqu!qbtt!uispvhi!gvoejoh!jo!uif!bnpvou!pg!%336-111!up!dpoujovf pvusfbdi!bdujwjujft!uispvhi!Opwfncfs!41-!3133/ Committee Recommendation Dpvodjmnfncfs!Rvjoo!sfdvtfe!ijntfmg!gspn!uif!dpnnjuuff!sfdpnnfoebujpo/ Nbkpsjuz!bqqspwbm/!Gpsxbse!up!Gfcsvbsz!2-!3132!Sfhvmbs!Dpotfou!Bhfoeb/ Bttfu!Tibsjoh!Bhsffnfou;!Fyufofu!Tztufnt-!Jod/ Tubgg!jt!tffljoh!Dpvodjm!bqqspwbm!pg!bo!bhsffnfou!xjui!Fyufofu!Tztufnt-!Jod/!up!hsbou!uif tibsjoh!pg!ufmfdpnnvojdbujpot!bttfut/ Items for follow-up: Sfnpwf!tjhojgjdbou!cmbol!tqbdft!jo!gjobm!dpousbdu/ Committee Recommendation Vobojnpvt!bqqspwbm/!Gpsxbse!up!Gfcsvbsz!2-!3132!Sfhvmbs!Dpotfou!Bhfoeb! JJ/Njtdfmmbofpvt Uif!nffujoh!bekpvsofe!bu!7;37!q/n/! Dpnnjuuff!Dibjs!Bqqspwbm! Njovuft!cz!HM-!MI! 25 26 ----------------------------------Initials --------------------------------- Meeting Date Prepared by Council review 02/01/21 JR ITEM INFORMATION RL02/01/21 SS: OAD: YAN ARSON TAFF PONSOR RIGINAL GENDA ATE Surface Water Fund S 131st Pl Drainage Improvements AIT GENDA TEM ITLE Acceptance of King County Flood Control District Grant C Discussion Motion Resolution Ordinance Bid Award Public Hearing Other ATEGORY Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date S Council Mayor HR DCD Finance Fire TS P&R Police PW Court PONSOR S City staff applied for $300,000 but was only allocated $60,000 in grant funds from King PONSORS S County Flood Control District for the South 131 st Place Drainage Improvement Project. The UMMARY City has sufficient funding in the Surface Water fund to compensate and will seek additional funding for future construction. No matching funds are required. Council is being asked to accept the $60,000 in grant funding from the King County Flood Control District. R EVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev. LTAC Arts Comm. Parks Comm. Planning Comm. 01/25/21VS DATE: COMMITTEE CHAIR: ERNA EAL RECOMMENDATIONS: Public Works Department S/A. PONSORDMIN C Forward to Consent Agenda, Regular Meeting OMMITTEE COST IMPACT / FUND SOURCE AB AR ER XPENDITURE EQUIRED MOUNT UDGETEDPPROPRIATION EQUIRED $$$ 0.000.00 0.00 Fund Source: SWF412 URFACE ATER UND #®¬¬¤­³²Ȁ MTG. DATE RECORD OF COUNCIL ACTION 02/01/21 MTG. DATE ATTACHMENTS 02/01/21 Informational Memorandum dated 01/22/2021 2021- 2026 CIP Pg. 89 Flood Reduction Grant Agreement Minutes from Transportation and Infrastructure Committee meeting of 01/25/21 27 28 INFORMATIONAL MEMORANDUM Transportation and Infrastructure Services Committee TO: Hari Ponnekanti,InterimPublic Works Director FROM: Ryan Larson, Senior Program Manager BY: Mayor Ekberg CC: January 22, 2021 DATE: st Surface Water Fund -S131Pl Drainage Improvements SUBJECT: Project No. 91641204 Acceptance of King County Flood Control District Grant ISSUE st City acceptance of a King County Flood Control District (District) grant for Surface WaterSouth131 PlaceDrainage Improvements Project. BACKGROUND In May 2020, Council authorized staff to submit a grant application to the District for the S 131st Place Drainage Improvement Project. A grant application for project funding was submitted in the amount of $300,000. The District received more grant requests then available funding and the City was awarded a grant of $60,000. According to City policy, staff must obtain approval from the full Council before accepting grants. DISCUSSION Staff worked with the District to revise the grant scope of work so that the grant funding is now entirely for the design phase of the project. This will allow the City to apply for future District grant opportunities for the construction phase. FISCAL IMPACT st The S 131Pl Drainage Improvement Project has $250,000 availablein surface water funding for design. The District grant funds will provide additional design funding for the project. Matching funds are encouraged,but not required. RECOMMENDATION Council is being asked to formally accept theKing County Flood Control District grant in the amount of st $60,000 for the S 131Drainage Improvement Project and consider this item on the Consent Agenda at the February 1, 2021 Regular Meeting. Attachments: 2021 CIP Page 89 Grant Agreement https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/01-25-21 TIC/S. 131st Grant Acceptance/Info Memo S 131st Pl Drainage Improvment Grant Acceptance.docx 29 30 31 32 Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22 AGREEMENT FOR AWARDOF FLOOD REDUCTIONGRANT FUNDS BETWEENTHE CITY OF TUKWILAAND KING COUNTY This Agreementis made between King County, a municipal corporation, City of Tukwila andthe( , for the purposes set forth herein.This Agreement shall be in effect fromthe December 31, 2022 date of execution to. Project Contacts: Contact for King County Kim Harper, Grant Administrator, 206-477-6079, Kim.harper@kingcounty.gov. Contact for Recipient Ryan Larson, 206-431-2456, Ryan.larson@tukwilawa.gov. SECTION 1. RECITALS 1.1Whereas, -municipal corporation of the State of Washington, authorized to provide funding for flood control and stormwater protection projects and activities; and 1.2Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009,as amended, and as service provider implements the District's annual work program and budget;and 1.3Whereas, on November 12, 2013,theBoard of Supervisors passed Resolution FCD2013-14which establishedaFloodReduction Grant Program andcriteria for awarding grant funding for projects, and on November 6, 2019, the Board passed Resolution FCD2019-13,which authorizedan allocation of$3,280,201from the 2020budget to fund floodreduction projects;and 1.4Whereas, on September9, 2020the DistrictBoard of Supervisors passed Resolution FCD2020-19 ,which approved the flood reduction projects described in Attachment A to that Resolution;and 1.5Whereas, in accordance with the terms of these Resolutions,and in its capacity as service provider to the District, King County has established policies and procedures for administering thefloodreduction grant program, a copy of which has been furnished to Recipient and which isincorporated herein by this refe ;and 1.6Whereas, theRecipientsubmitted an application to receive funds for a project tobe funded by the Flood Reduction Grant Program; and 16 Page of {ADT2306701.DOCX;1/13175.000001/ } 33 Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22 1.7Whereas,Board of Supervisors for the project,as described in Attachment A to Resolution FCD2020-19in $60,000 the amount ofAward;and 1.8Whereas,King County has received a Scope of Work and a Budget for the Projectfrom theRecipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B incorporated herein as Exhibit C ProceduresProject, and ResolutionFCD2020-19;and 1.9Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with Resolution FCD2020-19and the Grant Policies and Procedures, under which the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1.The Recitalsare an integral part of this Agreement and are incorporated herein by this reference. $60,000 2.2.King Countyagrees to pay the Award amount toRecipient in the total amount of from District funds.The Award shall be used by the Recipient solely for the performance of the Project, asdescribed inExhibit Atothis Agreement.Exhibit A,attached hereto and incorporated herein by this reference,contains a description of the Project as described in Attachment A to Resolution FCD2020-19.King Countyshall pay the Recipient in accordance with theterms of the GrantPolicies and Procedures. 2.3.The Recipient represents and warrants that it will only use the Awardfor the Scope of Work of this Agreement and in accordance with the ProjectBudget.The Recipient shall be required to refund to King Countythat portion of the Award which isused for workor tasks not included in theScope of Work.Further, theRecipient agrees thatKing County may retainanyportion of the Awardthat isnot expended or remainsafter completion of theScope of Workand issuance of the Final Report, as further described in Section 2.6 below. 2.4.Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by KingCounty as being within such scopes;2)the activities arespecified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by theAward as identified in the Budget of this Agreement;4) the activities occur after the District passes a resolution approving an award for the Project;5) suchactivities and expenses otherwise comply with all 26 Page of {ADT2306701.DOCX;1/13175.000001/ } 34 Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22 otherterms of this Agreement; and 6)reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5.The Recipient shall invoice King County for incurred expenses using the Request for Payment formand Progress Reportformfor thosedocumented and allowable expenses identified in the Budgetand according to the rules set forth in the Grant Policies and Procedures.Blank forms shall be provided to the Recipient by King County upon execution of this Agreement.A progress report (with or without a request for payment) shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form shall be submitted with all payment requests. A one-time advance of no more than 25% of the Award amount may beallowed, in the discretion of King County, for expenses anticipated to be incurred in the three months followingthe date of submission of the advance Requestfor Paymentonly for work that is included in the Scope of Workof this Agreementandidentified as such in theadvanceRequestfor Payment.Documentation of paymentsmade from the advance paymentshall be submitted to King County prior to any further requests for payment. 2.6.The Recipient shall be required to submit to King CountyaFinalReport which described in Scope of Workin conformance with the terms of this Agreement within thirty (30) days after the completion of the work.The FinalReport may be submitted onthe Closeout Report form unless a more detailed Final Report is specified in the Scope of Work. A blank form shall be provided to the Recipient by King County upon execution of this Agreement. The FinalReportshallinclude a summary oftheP flood reductionbenefits accomplished by the work. 2.7.The Recipient's expenditures of Awardfunds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King Countywith respect to the manner in which Project expenditures are tracked and accounted for in theRecipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principlesas further described in Section 2.8 below,and to meet the requirements of all applicable state and federal laws. 2.8.The Recipient shall be required to track Project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS")or Generally Accepted Accounting Principles set forth bytheFinancial Accounting Standards Board or by the GovernmentalAccounting Standards Board. 2.9.King Countyor its representative, and the District or its representative,shallhave the right from time to time, at reasonable intervals, to auditthe Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King Countyand the District in any such audit. 36 Page of {ADT2306701.DOCX;1/13175.000001/ } 35 Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22 2.10.The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established bytheWashington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11.The Recipient shallensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations.The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12.The Recipient agrees to indemnify, defend and hold harmless King County,and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to propertyarising out of anyacts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations undertheterms of thisAgreement. 2.13.The Recipient agrees to acknowledge theDistrict as a source of funding for theProject on all literature, signage or press releases related to the Project.The Recipient may obtain from King County a District logo that may be used in the acknowledgement. SECTION 3. GENERAL PROVISIONS 1.1.This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 1.2.ThisAgreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 1.3.No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreementmay from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 1.4.Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. December 31, 2022 1.5.The Project shall be completed by no later than . In the event that the Project is not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and retainany unexpended Award funds. 1.6.This Agreement may besigned inmultiple counterparts. 46 Page of {ADT2306701.DOCX;1/13175.000001/ } 36 Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22 1.7.If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, suchprovision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of thisAgreement, andthe remaining provisions of this Agreement shall continue to be in effect. 1.8.The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the District obligations are contingent upon the appropriation of sufficient funds by the Board of Supervisors of the District to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. . KINGCOUNTY:RECIPIENT: ByBy NameName TitleTitle DateDate 56 Page of {ADT2306701.DOCX;1/13175.000001/ } 37 Project Name:South 131 st Place Drainage ImprovementsAward Number:4.20.22 EXHIBIT A: PROJECT DESCRIPTION PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD Southgate Creek overtops its banks approximately twice annually and flows down a private driveway resulting in nuisance flooding, debris cleanup, and minor property damage. This project will replace an South 131 st Place City of undersiz st Place, raise Drainage $1,190,000 $60,000 Tukwila the roadway along the creek or construct a concrete Improvements wall to provide additional freeboard to keep the creek in its bank, provide added water quality for the City roadway, and work with a downstream property owner on private stream maintenance. EXHIBIT B: SCOPE OF WORK APPROX. MONTH/YEAR PERCENT OF TASKS ACTIVITIES AND DELIVERABLES TASK WILL BE AWARD COMPLETED REQUEST Task 1: Project Submit reimbursement request forms, backup documentation 0%December Administration for billing, and progress reports at least every 6 months. Submit 2021 (Required task) a Fiscal Closeout form and a Closeout Report form with the final reimbursement request. Task 2: Project Advertise, interview, and select a design consultant to design 100%Sept 2021 Design and the improvements and assist City staff members in project Permitting permits. Deliverable will be complete, bid ready, Plans, Specifications and Estimate. Task 3: 0%December Construction culvert with a box culvert, arch culvert, or other design approved 2022 by the WDFW for fish passage. Deliverable will be as built drawings. Task 4: Hire a contractor to raise roadway grade or install a concrete 0%December Construction wall to increase freeboard of Southgate Creek. Deliverable will 2022 be as built drawings. EXHIBIT C: BUDGET FINANCIAL LEVERAGE (not required) GRANT TOTAL SOURCE NAME LEVERAGE BUDGET ITEM AWARD (Grant + City of TOTAL REQUEST Leverage) Tukwila AMOUNT 050,000 50,00050,000 STAFFING COMMERCIAL SERVICES AND 60,0001,140,000 1,140,0001,200,000 CREW TIME $60,000$1,190,000 $1,190,000$1,250,000 TOTAL 66 Page of {ADT2306701.DOCX;1/13175.000001/ } 38 !!!!Djuz!pg!Uvlxjmb ! !!!!!!!Djuz!Dpvodjm!Usbotqpsubujpo!'!Jogsbtusvduvsf!Dpnnjuuff! Nffujoh!Njovuft!!! January 25, 2021 5:30 p.m. Electronic Meeting due to COVID-19 Emergency Councilmembers Present: !Wfsob!Tfbm-!Dibjs-!! Staff Present: Ebwje!Dmjof-!Ibsj!Qpooflbouj-!Hbjm!Mbcbobsb-!Bejc!Bmubmmbm-!Bebn!Dpy-!Szbo! Mbstpo-!Kbtpo!Cbuft-!Cszbo!Tujmm-!Bmjtpo!Uvsofs-!Disjtupqifs!Boesff-!boe! Fsjd!Dpnqupo! Hvftu;!Sbdifm!Gfoupo! Dibjs!Tfbm!dbmmfe!uif!nffujoh!up!psefs!bu!6;41!q/n/ CVTJOFTT!BHFOEB Dpotvmubou!Bhsffnfou;!Nbdbebn!Se/!T!Xbufs!Vqhsbef!Qspkfdu Tubgg!jt!tffljoh!Dpvodjm!bqqspwbm!pg!bo!bhsffnfou!xjui!QBDF!Fohjoffst!jo!uif!bnpvou!pg %88-44:!gps!uif!Nbdbebn!Se/!T!Xbufs!Vqhsbef!Qspkfdu/!!Uifsf!jt!op!dibohf!jo!uif!xbufs!tpvsdf- xijdi!jt!gspn!Tfbuumf!Qvcmjd!Vujmjujft!uispvhi!Dbtdbef!Xbufs!Bmmjbodf/ Item(s) for follow-up: Fyqmbjo!xiz!uif!qspkfdu!jt!sftvnjoh!opx!bgufs!cfjoh!po!ipme/ Committee Recommendation Vobojnpvt!bqqspwbm/!Gpsxbse!up!Gfcsvbsz!2-!3132!Sfhvmbs!Dpotfou!Bhfoeb/ Xbufs!Sftfswpjs!'!Qvnq!Tubujpo!Mboe!Qvsdibtf!Vqebuf Tubgg!qsftfoufe!po!uif!qspqptfe!tjuf!gps!uif!gvuvsf!Szbo!Ijmm!Sftfswpjs/!Tubgg!xjmm!cfhjo ofhpujbujpot!xjui!qspqfsuz!pxofst!up!qvsdibtf!qspqfsuz/ Committee Recommendation Ejtdvttjpo!pomz/ oe Hsbou!Bqqmjdbujpo!'!Vqebuf;!53!Bwfovf!Tpvui!Csjehf!Sfqmbdfnfou Tubgg!qspwjefe!bo!vqebuf!po!uif!53!Bwfovf!Tpvui!Csjehf!Sfqmbdfnfou!Qspkfdu!jodmvejoh oe tffljoh!bqqspwbm!up!bqqmz!gps!uif!3132!Gfefsbm!Mpdbm!Csjehf!qsphsbn!uispvhi!uif!Xbtijohupo Tubuf!Efqbsunfou!pg!Usbotqpsubujpo!Mpdbm!Csjehf!Qsphsbn Committee Recommendation Vobojnpvt!bqqspwbm!up!bqqmz!gps!gfefsbm!gvoejoh/ tu Hsbou!Bddfqubodf;!T/!242!Qmbdf!Esbjobhf!Jnqspwfnfout Tubgg!jt!tffljoh!Dpvodjm!bqqspwbm!up!bddfqu!Ljoh!Dpvouz!Gmppe!Dpouspm!Ejtusjdu!hsboujoh!gvoejoh jo!uif!bnpvou!pg!%71-111!gps!uif!T/!242 tu!Qm/!Esbjobhf!Jnqspwfnfou!Qspkfdu/ Committee Recommendation Vobojnpvt!bqqspwbm/!Gpsxbse!up!Gfcsvbsz!2-!3132!Sfhvmbs!Dpotfou!Bhfoeb/ 39 40 ----------------------------------Initials --------------------------------- Meeting Date Prepared by Council review 02/01/21 JR ITEM INFORMATION AA02/01/21 SS: OAD: DIB LTALLAL TAFF PONSOR RIGINAL GENDA ATE Water Fund - Macadam Rd S Water Upgrade AIT GENDA TEM ITLE Design Consultant Selection and Agreement C Discussion Motion Resolution Ordinance Bid Award Public Hearing Other ATEGORY Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date S Council Mayor HR DCD Finance Fire TS P&R Police PW Court PONSOR S In 2015 PACE was selected as the design consultant for the Macadam Rd S Water Upgrade PONSORS S Project under contract No. 15-116. Due to construction cost estimates being higher than UMMARY proposed in the 2019-2024 CIP, the design was put on hold. Since then, funding was increased in the 2021-2026 CIP and PACE Engineers was selected once again to complete the project. Council is being asked to approve the design contract with PACE Engineers for the Macadam Rd S Water Upgrade Project in the amount of $77,339.16. R EVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev. LTAC Arts Comm. Parks Comm. Planning Comm. 01/25/2021VS DATE: COMMITTEE CHAIR: ERNA EAL RECOMMENDATIONS: Public Works Department S/A. PONSORDMIN C Unanimous Approval; Forward to Regular Consent Agenda OMMITTEE COST IMPACT / FUND SOURCE AB AR ER XPENDITURE EQUIRED MOUNT UDGETEDPPROPRIATION EQUIRED $$$ 77,339.16200,000.00 0.00 Fund Source: 401WF ATER UND #®¬¬¤­³²Ȁ MTG. DATE RECORD OF COUNCIL ACTION 02/01/21 MTG. DATE ATTACHMENTS 02/01/21 Informational Memorandum dated 01/22/2021 2021 - 2026 CIP, page 61 Consultant Agreement, Scope of Work and Fee Estimate Minutes from Transportation and Infrastructure Committee meeting of 01/25/2021 41 42 INFORMATIONAL MEMORANDUM Transportation and Infrastructure Committee TO: Hari Ponnekanti, Interim Public Works Director FROM: Adib Altallal, Utilities Engineer BY: Mayor Allan Ekberg CC: January 22, 2021 DATE: SUBJECT: Water Fund -MacadamRd S Water Upgrade Project No. 90440105 Design Consultant Selection and Agreement ISSUE Approve design contractwith PACE Engineers Inc. (PACE)for the Macadam Rd S Water Upgrade. BACKGROUND In 2015, the City contracted with PACE asthe design consultant for theMacadam Rd S Water Upgrade Projectalong with the Andover Park E Water & Sewer Improvements under Contract No. 15-116.In 2017, the design was put on hold due toconstruction cost estimates being higher than proposed in the 2019-2024 Capital Improvement Program. DISCUSSION The Macadam Road South Water Upgrade project has been repeatedly prioritized as a critical capital project by the Water Department. Funding was increased in the 2021-2026 Capital Improvement Programto complete the design. Due to their local knowledge and sufficient effort on the first iteration of the Macadam Rd S Water Upgrade, PACE Engineers were selected once again to bring their existing design to completion. FINANCIAL IMPACT PACEhas provided a cost not to exceed $77,339.16to complete the design forthe Macadam Rd S Water Upgrade.The project costs are within budget. Contract2021 Design Budget PACEDesign Contract$77,339.16$200,000.00 RECOMMENDATION Council is being asked to authorize the Mayor to execute a consultant agreement for design services with PACEEngineers in the amount of $77,339.16 for the Macadam Rd S Water Upgrade Project and consider this item on the Consent Agenda at the February 1, 2021 Regular Meeting. Attachments:2021CIP, page 61 PACE Consultant Agreement and Scope of Work https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/01-25-21 TIC/Water -Macadam PE/Info Memo PACE Macadam Water 2020.docx 43 44 45 46 47 48 49 50 51 52 53 54 !!!!Djuz!pg!Uvlxjmb ! !!!!!!!Djuz!Dpvodjm!Usbotqpsubujpo!'!Jogsbtusvduvsf!Dpnnjuuff! Nffujoh!Njovuft!!! January 25, 2021 5:30 p.m. Electronic Meeting due to COVID-19 Emergency Councilmembers Present: !Wfsob!Tfbm-!Dibjs-!! Staff Present: Ebwje!Dmjof-!Ibsj!Qpooflbouj-!Hbjm!Mbcbobsb-!Bejc!Bmubmmbm-!Bebn!Dpy-!Szbo! Mbstpo-!Kbtpo!Cbuft-!Cszbo!Tujmm-!Bmjtpo!Uvsofs-!Disjtupqifs!Boesff-!boe! Fsjd!Dpnqupo! Hvftu;!Sbdifm!Gfoupo! 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S UMMARY Staff are providing the Council with updated information regarding the City’s response to COVID-19. R EVIEWED BY Trans&Infrastructure Finance Com Planning/Economic Dev. CommunitySvs/Safety LTAC Arts Comm. Parks Comm. Planning Comm. N/A COMMITTEE CHAIR: DATE: RECOMMENDATIONS: N/A S/A. PONSORDMIN C N/A OMMITTEE COST IMPACT / FUND SOURCE AB AR ER MOUNT UDGETEDPPROPRIATION EQUIRED XPENDITURE EQUIRED $$$ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 2CoronavirusReport 57 58 /ƚƩƚƓğǝźƩǒƭ wĻƭƦƚƓƭĻ …ƦķğƷĻ February 1, 2021 * Denotes All New Content in the Section Essential Services and City Operations under the mandated 25% capacity and that City facilities are being utilized only be staff who must report to work in order to complete their jobs. Financial Stability On Monday, December 7, the City Council adopted the proposed budget for the 2021-2022 biennium. The budget, as adopted, includes an increase in service levels for street and park maintenance as well as human services. Noted in the budget video and letter that was presented to City Council on October 5 is the fact that the City is in better financial shape than anticipated in May when various cost-cutting measures were implemented. Due to the early action of the Council and the tremendous sacrifice by our non-represented staff and most of our labor partners, the City is in a good financial condition in 2020. While in May of this year the City initially projected the need to use $4.8 million in contingency in 2021 and 2022. Even with utilizing this amount of contingency on a one-time basis, the City still Police Staffing and Calls for Service There have been no changes to Police staffing since the last report. Fire Staffing and Calls for Service There have been no changes to Fire staffing since the last report. * Human Services Human Services has assisted five new households (20 individuals) since the last week with $4,671 in rental and utility assistance. In the past week, staff spoke with ten households in need of rental assistance. The ranges of back owing rent were $600 to $3,200. Three households owed between $600-1,100, six households owed $1,200-2,400, and one household owed $3,200. Thursday, January 28, King County will hold a consortium wide meeting that will include discussion on CDBG-CV Round 3 Funding that will include updates and a request for input. * Business Recovery Business Re-Openings and Closings On January 5, Governor Inslee announced a new COVID- region starting in Phase 1. Tukwila is in the Puget Sound Region, which includes King, Pierce, and Snohomish counties. from Phase 1 into Phase 2, a region must meet four metrics: 59 1.A decreasing trend of at least 10% in the rate of new COVID-19 cases 2.A decreasing trend of at least 10% in the rate of new COVID-19 hospital admissions 3.Hospital Intensive Care Unit (ICU) beds occupancy rate less than 90% (including non-COVID cases) 4.COVID-19 test positivity rate less than 10% Once in Phase 2, a region can remain in that phase if it meets three of the following four metrics: 1.A decreasing or flat trend in the rate of new COVID-19 cases 2.A decreasing or flat trend in the rate of new COVID-19 hospital admissions 3.Hospital Intensive Care Unit (ICU) beds occupancy rate less than 90% (including non-COVID cases) 4.COVID-19 test positivity rate less than 10% Regions that fail to meet the second set of metrics will be moved back to Phase 1. The metrics for each region will be updated on a Risk Assessment Dashboard every Friday and regions will move into the new phase (forward or backward) the following Monday. Following are the metrics for the Puget Sound region. As of 1/18 we met three of the four metrics; however, as of 1/25 we only met two of the metrics. Concerningly, the previous reduction in rate of new cases went from a decrease of 13% to an increase of 23%. At this time, we are unable to predict when our region will move into Phase 2. tǒŭĻƷ {ƚǒƓķ wĻŭźƚƓʹ IĻğƌƷŷǤ ‘ğƭŷźƓŭƷƚƓ wƚğķƒğƦ Ʒƚ wĻĭƚǝĻƩǤ tŷğƭĻ Week starting: 1/18/2021 1/25/2021 Phase: Phase 1 Phase 1 Trend in the rate of new COVID-19 cases ΏЊЌі њЋЌі Trend in the rate of new COVID-19 hospital admissions ΏЌі ΏВі Hospital ICU beds occupancy rate БЎі БЍі COVID-19 test positivity rate Аі Ві Notes: 1) Unshaded cells indicate we are meeting the goal to move into Phase 2 2) Shaded cells indicate we are NOT meeting the goal to move into Phase 2 3) Data is from the Roadmap to Recovery Reports available at: https://coronavirus.wa.gov/what-you-need- know/covid-19-risk-assessment-dashboard The allowed activities under the new Phase 1 which became effective on January 11 are very similar to those activities that Tukwila has been operating under for the past few weeks. The main exceptions are that some new activities are allowed (under very tight limits). These include indoor recreation and fitness, outdoor sports and fitness, museums, indoor entertainment, and outdoor entertainment. In general, indoor activities of retail, professional services, personal services, and worship services are permitted up to 25% of capacity. Indoor dining is prohibited in Phase 1; however, if the indoor space has one or more permeable walls enabling sufficient air circulation, dining is permitted up to 25% occupancy. Outdoor dining continues to be permitted with restrictions. Once we enter Phase 2, indoor card room seating, indoor restaurant seating, museums, and indoor fitness will be permitted up to 25% capacity with other restrictions. Business Assistance Work continues on Experience Tukwila, the Great Tukwila Carry-Out, SavingLocalKC.com, Southside Promise, and collaborating with the Chamber and other regional organizations. 60 The Federal government is investing $284 billion into the Paycheck Protection Program and revised regulations to make the program better for small businesses. Loans under $150,000 are forgivable which is a very significant opportunity for most very small businesses. Unemployment agenda packet. On December 27, 2020 new federal funding through the CARES Act was signed into law. It provides expanded unemployment benefits through March 13, 2021. These include regular unemployment benefits and related extensions such as Pandemic Emergency Unemployment Compensation (PEUC) and Extended Benefits (EB). The new law also extends the Pandemic Unemployment Assistance (PUA), which benefits people who do not qualify for regular unemployment such as self-employed people and independent contractors. It also created the Federal Pandemic Unemployment Compensation (FPUC) which provides an extra $300 per week for eligible claimants who are receiving benefits from any unemployment program. ent resources for community members that have been affected by job loss or reduced hours due to COVID, staff is working to identify the a accounts. * Tukwila Food Pantry 1/21 - 707 1/23 - 658 1/26 - 579 Pantry numbers also include Door Dash deliveries. National Guard personnel is expected to stay on with the Pantry until March 2021 with a possibility of extending to June 2021. {ĻƓźƚƩ aĻğƌ 5źƭƷƩźĬǒƷźƚƓʹ The third meal distribution of the year included: 376 meals served to 56 households that included 60 residents. th LƓΏƦĻƩƭƚƓ ŅźƷƓĻƭƭ ĭƌğƭƭĻƭ started again at the Tukwila Community Center on January 25. The Fitness Room reopened on Tuesday, January 19, 2021. The response to offering in-person fitness options has been overwhelmingly positive. Updated guidelines are being implemented and so far all participating have been on board and happy to abide. th The youth meal and recreation activity kit distribution started again on January 18. The follow was served: Meals: 170 Breakfasts: 99 Snacks: 99 Activity Kits: 137 Masks: 54 Overall attendance: 98 61 Public Safety Plan Construction Projects There have been no changes to the Public Safety Plan projects since the last report. There have been no changes to compliance issues since the last report. * Covid-19 Testing Sites Below are the three current nearest testing sites in/to Tukwila. For more information on free testing sites in King County, visit https://www.kingcounty.gov/depts/health/covid-19/testing.aspx Tukwila Pantry, testing is no longer being offered at the Tukwila Pantry Highline College, Wednesdays 7 a.m. to 2 p.m. Church by the Side of the Road, beginning Tuesday, October 6, 2020, 8:30 to 5:30 Monday through Saturday. Abu Bakr Islamic Center expects to offer free testing once a month. The following are the number of individuals tested over the past week at the Church by the Side of the Road. ŷźƭ źƭ ğ ƩĻŭźƚƓğƌ ƷĻƭƷźƓŭ ŅğĭźƌźƷǤ ķƩğǞźƓŭ źƓķźǝźķǒğƌƭ ŅƩƚƒ ğĭƩƚƭƭ ƭƚǒƷŷ YźƓŭ /ƚǒƓƷǤ͵ Positive rates for the prior weeks was hovering around 18.5%. All testing locations in the region are seeing a significant surge in the number of people requesting tests. King County has contracted with off-duty officers to provide traffic management along Tukwila International Boulevard and Military Road to mitigate traffic impacts in the neighborhood. 1/26 251 individuals tested 1/25 196 individuals tested 1/24 closed 1/23 213 individuals tested 1/22 201 individuals tested 1/21 233 individuals tested 1/20 262 individuals tested For the period of January 5 January 11, the last data available, the testing site at the Church by the Side of the Road was seeing a 14.3% positivity rate. Additional information on the testing site at Church by the Side of the Road: Hours of operation M-Sat 9:30-5:30. Sundays Vaccine only and Appointment only for First Responders or other Level 1A personnel. On most days we accept everyone regardless of an appointment. Allowing everyone equal access to testing is very important to CHI Franciscan and King DOH. Some days if we get busy we will direct non-appointments into a parking lot and have them use our walk-up tent. On rare occasions if we become overwhelmed, we will go "Appointment Only." If this happens, we change the message on our Variable Message Boards and update this on the KC DOH website. As an alternative the Park and Walk Covid Testing Site at Highline College will be the next testing option for people needing a test. Firefighter Cathy Browning will be operating the Covid-19 Test Site beginning 1/6. Jeff Nichols will assist with training and his last day will be 1/7. When Cathy is not on site she will have Capt. Bill Austin fill-in and he is from VRFA. 62 To sign up go to https://www.kingcounty.gov/depts/health/covid-19/testing.aspx If you are unable to sign up, walk-up to the site and we can assist whoever needs help. We have 2 Variable Message Boards Located 1 block north and 1 block south of 148th. The purpose and value of the signs provided visible notice of when to turn. The testing site is difficult to find from T.I.B. The message boards also provides hours of operation and when the site is "Appt Only". At this time, we do not know how long the site will operate. At this time, the contract was approved until April. It is anticipated that the Testing Site will operate as a vaccine site once more vaccines become available. Other information is that CHI and King County DOH operate the testing site. It is important them to be good neighbors and provide a valuable service. In the beginning we did have traffic issues to resolve so we responded by implementing Full-time traffic control officers and being much more efficient at testing. * Public Health Seattle & King County Covid-19 Outbreak Summary Tukwila 63 64 65 66 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Transportation andInfrastructureServicesCommittee TO: Jack Pace, Department of Community DevelopmentDirector FROM: Alison Turner, Sustainable Transportation Program Manager BY: Chris Andree, Sustainable Transportation Outreach Coordinator Mayor Ekberg CC: January22, 2021 DATE: King County Metro TDMAgreement 20212022 SUBJECT: ISSUE The Transportation Demand Management (TDM) Program is asking for approval to accept passthrough funding from King County Metro.The funding source is afederal Congestion Mitigation and Air Quality grant.Funding will be used to continue implementation of Transportation Demand Management (TDM) activities in south King County. BACKGROUND The City of Tukwila TDM Program was previously awarded King County passthrough funding in 2016/17,2017/19, and 2020to enhance TDM services in south King County.TDM Program staff implemented outreach on behalf of King County Metro to reduce congestion and increase use ofsustainabletravel alternativesto driving alone. DISCUSSION A new funding opportunity has been o outreach services in south King Countythrough November 30, 2022.The TDM Program will work to increase the use of and access to transit and other sustainable modes of transportation in south King Countyby targeting residents, commuters and employers for whom sustainable transportation alternatives are a viable option.TDM servicesand outreach will be providedat activity centers such as Tukwila VillageorSea-Tac Airport,schools and colleges,and multifamily housing sites. A key strategy is to develop partnerships with community organizations toreach target populations andimprove long-term program outcomes. FINANCIAL IMPACT There will be no impact to the general fund. RECOMMENDATION Councilis being asked to acceptpassthrough funding fromKing County Metro for the Transportation Demand Management Program in the amount of $225,000 and consider this item onthe Consent Agenda at theFebruary 1, 2021,Regular Meeting. ATTACHMENTS Attachment A: 20212022 Tukwila TDM Agreement.pdf 67 68 TRANSPORTATION DEMAND MANAGEMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND KING COUNTY This Transportation Demand Management Agreement is made and entered into by and between the City of Tukwila, a Washington municipal corporation (the “City”) and King County, a home rule charter county of the State of Washington, through the Metro Transit Department (the “County”), either of which entity may be referred to hereinafter individually as “Party” or collectively as the “Parties.” Whereas, the County has obligated a grant from the Federal Transit Administration (FTA) (Award WA-2020-087-00) FY19 Congestion Mitigation Air Quality (“CMAQ”) to 5307 – TDM Corridor Strategies Supporting Centers and Regional Park and Ride TDM Activities and Access Improvements, awarded to the County on August 31, 2020 for a total award amount of $6,488,278; and Whereas, the CMAQ grant is for multi-modaltransportationproject planning and demonstration programs, in order to reduce drive-alone vehicle travel and increase high occupancy vehicle use to help reduce energy consumption, air pollution and traffic congestion. Limited research and development are allowed under this grant but cannot be the primary element of the scope. The Catalogue of Federal Domestic Assistance number for this grant is 20.507, Federal Transit Formula Grants, and the County intends to use up to $242,500 of these grant funds as a sub- award to the City for work performed in accordance with the terms and conditions of this Agreement; and Whereas, such projects and programs include strategies known as transportation demand management (“TDM”) which may encompass incentives, outreach, promotions, website development and maintenance, materials and services that facilitate travel by public transportation, shared rides, bicycling, walking and teleworking; and Whereas, the City, whose DUNS number is 010207504 and the County provide such TDM programs to commuters, students and residents directly or through employers, schools and/or property managers; and Whereas, the City’s Transportation Demand Management program (the “Program”), including activities conducted through the City’s TDM program, has been effective in reducing drive-alone trips in Tukwila; and _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 1 of 39 69 Whereas, the City and County have continued to adapt and demonstrate these strategies through the Program by adding new market segments and new approaches toTukwilaarea residents and workers; NOW THEREFORE, in consideration of the terms, conditions and covenants contained herein, the Parties agree as follows: _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 2 of 39 70 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish a mutually beneficial arrangement between the City and the County that will help both Parties realize their respective TDM objectives. This Agreement also creates a mechanism to allow the County to reimburse the City for costs incurred to perform the tasks and implement the programs described in the Scope of Work (“SOW”), as set forth in Exhibit A, which is attached and incorporated herein. In consideration of the City’s performance of the tasks and responsibilities set forth in the SOW, the County will provide the City up to $225,000 in grant funds. 2. AGREEMENT TERM AND MODIFICATIONS st This Agreement shall be effective as of January 1, 2021, upon signature by both Parties, and shall remain in effect unless otherwise terminated through December 31, 2022. If mutually agreed, the Agreement may be extended by written amendment for up to an additional two (2) years. Exhibits and attachments may be modified at that time as mutually agreed by the Parties. Any extension shall be made in writing in accordance with Section 14 of the Agreement. The County will enter into or extend this Agreement only on the condition that all City accounts with the County are current. 3. CITY’S RESPONSIBILITIES The City shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work required as related to program performance associated with the SOWin Exhibit A. The program tasks, timelines and budget are stated in Exhibit A. 4. COUNTY’SRESPONSIBILITIES The County will reimburse the City for actual costs incurred to satisfactorily perform the tasks and implement the Program as provided for in the SOW. In no event shall the total reimbursement made by the County to the City for work performed pursuant to this Agreement exceed $300,000 (the “Reimbursement Cap”). 5. INVOICE AND PAYMENT PROCEDURES The City shall submit completed invoice(s) to the County detailing expenses, quarterly activities, outcomes and metrics within thirty (30) calendar days following each quarter’s end. The County shall pay the City within thirty (30) calendar days after the County has received completed invoices. In no event will the total amount of the initial investment and quarterly payments exceed the Reimbursement Cap specified at Section 4 of this Agreement without the Parties mutually agreeing to amend this Agreement in accordance with Section 14 of the Agreement. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 3 of 39 71 6. FEDERAL REQUIREMENTS A. This Agreement is subject to a financial assistance agreement between the County and the FTA. The City shall comply with all applicable federal laws, regulations, policies, procedures and directives, including but not limited to the following, which are attached hereto or incorporated herein by this reference: 1. 2 CFR Part 200.300 through 2 CFR Part 345, contained in Subpart D, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2- vol1/xml/CFR-2015-title2-vol1.xml#seqnum200.300 2. 2 CFR Part 200.400 through 2 CFR Part 200.475, contained in Subpart E, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The text is available at: https://www.gpo.gov/fdsys/pkg/CFR-2015-title2- vol1/xml/CFR-2015-title2-vol1.xml#seqnum400.1 3. The requirements and obligations imposed on a “Recipient” under the applicable provisions of the FTA Master Agreement. The Master Agreement text is available at: https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-master- agreement-fiscal-year-2020 4. The requirements of FTA Circular 5010.1E Project Administration and Management. Circular 5010.1E text is available at: https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management- requirements-circular-50101e 5. If the City contracts with a third party to provide all or a portion of the services described in this Agreement, then the City shall comply with FTA Circular 4220.1F. Circular 4220.1F text is available at: https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/third-party- contracting-guidance 6. Applicable FTA Third Party Contract Provisions – Standard Terms and Conditions. The text is attached as Exhibit B. B. New federal laws, regulations, policies, procedures and directives may be adopted after the date this Agreement is established and may apply to this Agreement. The City agrees to accept and comply with all applicable laws, regulations, policies, procedures and directives as may be amended or promulgated from time to time during the term of this Agreement. C. The City shall not perform any act, fail to perform any act, or refuse to comply with any requests by the County which would causethe County to be in violation of any federal law or FTA requirement. The City’s failure to so comply with this Section shall constitute a material breach of this Agreement. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 4 of 39 72 D. The County and City acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the County, City, or any other party (whether or not a party to this Agreement or any Agreement awarded pursuant thereto) pertaining to any matter resulting from this Agreement. E.The City agrees to extend application of the federal requirements to its subrecipients or contractors, and their respective subcontractors, by including this Section and the related exhibits in each contract and subcontract the City awards under this Agreement financed in whole or in part with Federal assistance provided by FTA. It is further agreed that this Section shall not be modified, except to change the names of the parties to reflect the subrecipient or contractor which will be subject to its provisions. F. The City acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801, etseq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to the work under this Agreement. Upon execution of this Agreement, the City certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FTA-assisted project for which this work is being performed. In addition to other penalties that may be applicable, the City further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the City to the extent the Federal Government deems appropriate. 1. The City also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5323(l)(1) on the City, to the extent the Federal Government deems appropriate. 2. The City agrees to include the language in Section F and Section F(1) above in each contract and subcontract it awards under this Agreement financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the contractor or subcontractor who will be subject to the provisions. G. Certification Regarding Debarment, Suspension and Other Responsibility Matters This Contract is a covered transaction for purposes of 2 CFR part 1200. As such, the City is required to verify that none of the City, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The City is required to comply with 2 CFR 1200, Subpart C and must include the _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 5 of 39 73 requirement to comply with 2 CFR 1200, Subpart C in any lower tier covered transaction it enters into. By signing and submitting this Contract, the City certifies as follows: The certification in this clause is a material representation of fact relied upon by King County. If it is later determined that the City knowingly rendered an erroneous certification, in addition to remedies available to King County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The City agrees to comply with the requirements of 2 CFR 1200, Subpart C while this offer is valid and throughout the period of any work or service that may arise from this Contract. The City further agrees to include a provision requiring such compliance in its lower tier covered transactions. H. Because the County is sub-granting $25,000 or more of pass-through Federal Transit Administration funds, the County must comply with the reporting requirements of The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282., as amended by section 6202(a) of P.L. 110-252). The FFATA prescribes specific data to be reported and the County hereby agrees to report sub-award data into the website www.USASpending.gov via www.fsrs.gov. The City agrees to provide the County with the information required in this paragraph within 30 calendar days from the execution date of this Agreement: a. Location of the City (physical address(es), including congressional district(s)); and b. Place of performance (physical address(es), including congressional district(s)); and c. Unique identifier of the City and its parent (DUNS Number, a unique nine-digit number issued by Dun & Bradstreet (D&B) to a single business entity assigned to each business location in the D&B database having a unique, separate, and distinct operation for the purpose of identifying it); and d. Total compensation and names of top five executives IF BOTH of the following apply: i. More than 80% of the City’s gross annual revenues are from the federal government, and those revenues are greater than $25,000,000 annually, and ii. Compensation information is not already available through reporting to the Securities and Exchange Commission. I. The City agrees to provide the County with its Federal Central Contractor Registration number within 30 calendar days of the execution of this Agreement. If it has not already registered, the City agrees to register with the Federal Central Contractor Registration at https://www.sam.gov/portal/public/SAM/ (formerly www.CCR.gov) and provide the County with the registration number within 30 calendar days from the execution date of this Agreement. Exceptions may be made on a case-by-case basis upon approval by the County. J.The City agrees to provide the County with a copy of its Title VI implementation plan in accordance with FTA Circular 4702.1B, Chapter III, Section 11. If the City does not have a Title _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 6 of 39 74 VI plan, the County and the City agree to work together to sufficiently document the City’s adoption of the County’s Title VI plan, or in the alternative, the City’s implementation of its own Title VI plan. K. In accordance with FTA Circular 4702.1B, Chapter II, Section 2, and by signing this Agreement, the City certifies that it will comply with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, U.S. Department of Justice “Guidelines for enforcement of Title VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21. 7. DISPUTE RESOLUTION PROCESS 7.1 Designated Dispute Resolution Representatives. The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this Agreement: For the County For the City Carol Cooper Vicky Carlsen Mobility Innovations Finance Director Managing Director City of Tukwila Metro Transit Department 6200 Southcenter Blvd. 201 South Jackson Street, M/S KSC-Tukwila, WA 98188 TR-0411 (206) 433-1839 Seattle, WA 98104 Vicky.Carlsen@tukwilawa.gov (206) 477-5871 carol.cooper @kingcounty.gov 7.2 The County representative and the City representative shall confer to resolve disputes that arise under this Agreement as requested by either Party. The designated representatives shall use their best efforts and exercise good faith to resolve such disputes. 7.3 In the event the Designated Representatives are unable to resolve the dispute, the appropriate City Administrator or her/his designee and the General Manager of the County’s MetroTransit Division or her/his designee shall confer and exercise good faith to resolve the dispute. 7.4 In the event the City Administrator and the General Manager of Metro Transit are unable to resolve the dispute, the Parties may, if mutually agreed in writing, submit the matter to non-binding mediation. The Parties shall then seek to mutually agree upon the mediation process, who shall serve as the mediator, and the time frame the Parties are willing to discuss the disputed issue(s). _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 7 of 39 75 7.5 If the Parties cannot mutually agree as to the appropriateness of mediation, the mediation process, who shall serve as mediator, or the mediation is not successful, then either Party may institute a legal action in the King County Superior Court, situated in Seattle, Washington, unless another venue is mutually agreed to in writing. The Parties agree that they shall have no right to seek relief in a court of law until and 7.6 unless each of the above procedural steps has been exhausted. 8. TERMINATION 8.1 Termination for Convenience. Either Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party. In the event of termination of this Agreement, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 8.2 Termination for Cause. If either Party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either Party violates any of these terms and conditions, the aggrieved Party will give the other Party written notice of such failure or violation. The responsible Party will be given the opportunity to initiate a correction of the violation or failure within fifteen (15) calendar days. If failure or violation is not corrected within the mutually agreed upon time period, this Agreement may be terminated immediately by written notice of the aggrieved Party to the other. 8.3 Termination for Non-Appropriation or Loss of Grant Funding. This Agreement is contingent upon federal grant funding and local legislative appropriations. As such, in addition to termination for default or convenience, the County may terminate this Agreement for non-appropriation or loss of grant funding by giving not less than thirty (30) calendar days' written notice thereof to the City. 9. LEGAL RELATIONS 9.1 No Third Party Beneficiaries. It is understood that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other person or entity. 9.2 No Partnership or Joint Venture. No joint venture, agent-principal relationship or partnership is formed as a result of this Agreement. 9.3 Independent Capacity. The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 9.4 Jurisdiction and Venue. The King County Superior Court, situated in Seattle, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 8 of 39 76 9.5 Mutual Negotiation and Construction. This Agreement and each of the terms and provisions hereof shall be deemed to have been explicitly negotiated between, and mutually drafted by, both Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 9.6 Assignment. Neither this Agreement, nor any interest herein, may be assigned by either Party without the prior written consent of the other Party. 9.7 Compliance with Applicable Laws. The Parties agree to comply with all applicable federal, state, and local laws, rules, and regulations, including those pertaining to nondiscrimination, and agree to require the same of any subcontractors providing services or performing any work related to the Program using funds provided under this Agreement. FORCE MAJEURE 10. Either Party to this Agreement shall be excused from performance of its responsibilities and obligations under this Agreement, and shall not be liable for damages due to failure to perform, during the time and to the extent that it is prevented from performing by a cause directly or indirectly beyond its control, including, but not limited to: late delivery or nonperformance by vendors of materials or supplies; any incidence of fire, flood, snow, earthquake, or acts of nature; strikes or labor actions; accidents, riots, insurrection, terrorism, or acts of war; order of any court or civil authority; commandeering material, products, or facilities by the federal, state or local government; or national fuel shortage; when satisfactory evidence of such cause is presented to the other Party to this Agreement, and provided that such non-performance is beyond the control and is not due to the fault or negligence of the Party not performing. 11. INDEMNIFICATION Both Parties shall protect, defend, indemnify and save harmless each other, their officers, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from either Party’s negligent acts or omissions in performing their obligations under this Agreement. The Parties agree that they are fully responsible for the acts and omissions of their own contractors, subcontractors, employees, and agents, acting within the scope of their employment as such, as they are for the acts and omissions of its own employees and agents. The Parties agree that their obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of their employees or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of both Parties immunity under Washington’s Industrial Insurance Act, RCW Title 51, as respects the Parties only, and only to the extent necessary to provide the Parties, their officers, employees, and agents with a full and complete indemnity of claims made by the Parties employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. The provisions of this Section 11 shall survive the expiration or earlier termination of thisAgreement. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 9 of 39 77 12. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the Party and attached to the original Agreement. 13. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 14. CHANGES AND MODIFICATIONS This Agreement may be changed, modified, or amended only by written agreement executed by authorized representatives of both Parties. 15. REPRESENTATION ON AUTHORITY OF SIGNATORIES The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. 16. ALL TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 17. CONTRACT MANAGEMENT The contact persons for the management of this Agreement (the “Contract Managers”) are identified and their contact information is provided herein and may be updated by either Party for their agency only and shall be submitted in writing or electronic mail to the other Party. Any update to the Contract Managers’ information shall state the effective date of said update. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 10 of 39 78 Contract Manager King County City of Tukwila Contact NameMitchell Lloyd Alison Turner Title Transportation Demand Management Sustainable Transportation Program Lead (TDM Lead)Manager King County Metro City of Tukwila Market Innovation Section Address 201 S. Jackson St.6300 Southcenter Blvd #100 M/S KSC-TR-0411 Tukwila, WA 98188 Seattle, WA 98104 Telephone 206-263-3788206-433-7142 E-Mailmlloyd@kingcounty.govAlison.turner@tukwilawa.gov 18. RECORDS RETENTION AND AUDIT 18.1 During the progress of the work and for a period of not less than six (6) years from the date of final payment by the County, the City shall keep available for inspection and audit by the County and the federal government the records pertaining to the Agreement and accounting therefore. Copies of all records, documents or other data pertaining to performance of the Agreement will be furnished upon request. If any litigation, claim or audit is commenced related to performance of the Agreement, the records along with supporting documentation shall be retained until all litigation, claims and/or audit findings have been resolved even though such litigation, claim or audit continues past the six-year retention period. 18.2 All Agreement costs must be documented including copies of invoices and time sheets showing hours worked and rates, or financial system expense reports documenting these items. 18.3 The County, the U.S. Department of Transportation, the FTA, the State Auditor, and the Inspector General and any of their duly authorized representatives shall have full access to and right to examine, during normal business hours, all City records with respect to all matters covered by this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and other matters covered by this Agreement. 18.4 Unless already published and available at the federally appointed online, accessible audit reporting database the City agrees to submit to the County, a copy of the City's A-133 Single Audit report when requested by the County for sub recipient monitoring purposes. 19. EXECUTION OF AGREEMENT This Agreement may be executed in multiple counterparts, any one of which shall be regarded for all purposes as an original. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 11 of 39 79 IN WITNESS THEREOFthe Parties hereto have executed this Agreement by duly authorized representatives on the dates shown below their respective signatures. KING COUNTYCITY OF TUKWILA By: ______________________________By: ______________________________ Terry WhiteAllan Ekberg General Manager Mayor Metro Transit DepartmentCity of Tukwila Date: ____________________________ Date: ____________________________ _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 12 of 39 80 Exhibit A City of Tukwila Transportation Demand Management Agreement with King County Metro Scope of Work January 1, 2021 The City will provide TDM services for travelers with an origin or destination in the cities of Tukwila, Burien, Des Moines, Kent, Renton, and SeaTac through an extension of their Regional Mobility Grant (RMG) program and the City’s TDM program. The City and the County will mutually agree on messaging that will be included on program materials for marketing and outreach purposes. These services will be provided for the time period beginning with the execution of the agreement and ending November 30, 2022. Scope of Services The City of Tukwila TDM Program will target residents, employees and employers for whom sustainable transportation alternatives are a viable option. As described below, the program will: • Educate residents, employees and students on sustainable transportation alternatives to driving alone; • Provide rewards and incentives related to sustainable transportation options; • Work to improve people’s perceptions of these options; • Inform residents, employees and students of Renton-Kent-Auburn Area Mobility Plan news and engagement opportunities, such as RapidRide I line outreach, and work to increase ORCA card usage; • Explore options for amenities such as bike lockers, bike racks, bike repair stations, wayfinding signage, etc.; • Communicate the goals of keeping traffic moving and other topics related to road construction and transit service changes; and • Educate employers on available commute benefit strategies and programs. An evaluation of the program will be provided to the County by November 30, 2022, outlining what has been accomplished in the program and including trip reduction data during the period following the execution of the agreement through the end of October 2022. The final invoice for this scope of work shall be submitted to the County no later than January 5, 2023. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 13 of 39 81 Program Description Issue/Problem Employees and residents not affected by the CTR law may receive limited or no transportation benefits/support. Smaller employers often have difficulty allocating funding for employee transportation assistance and are unaware of commute benefits they could provide such as ORCA passes or pre-tax transportation benefits. Goals: • Increase the use of and access to transit and other sustainable modes of transportation in south King County (increase NDAT and decrease VMT); • Reduce congestion along major regional corridors, including I-405, I-5, SR-99 and SR- 167; and • Efficiently deliver TDM services by targeting employees, residents and students at large activity centers (for example, presenting at employer meetings or providing transportation trainings to school staff). Potential Trip Markets • Employment sites with clusters of non-CTR affected employers • Multi-family residences (affordable and market rate housing) • Technical colleges and high schools • Industry-specific employers such as hotels Potential activity centers and networks include: Sea-Tac Airport (partner with Port of Seattle, Airport Jobs, City of SeaTac) o Westfield Southcenter Mall (partner with mall management and employers) o Tukwila Village (partner with Independent Living, King County Library System o and employers) Foster High School and Showalter Middle School (partner with Tukwila School o District and SchoolPool) Colleges such as Renton Technical College and Highline College o Seattle Southside Chamber and Discover Burien o Renton Landing and Black River Business Park o Multifamily housing sites (partner with property managers, cities, King County o Housing Authority, Hopelink, and other non-profits) Equity and Social Justice The City of Tukwila’s equity policy, adopted by council in 2017, guides city staff to serve the community equitably. TDM Program staff participate in the Equity Policy Implementation Committee with a focus on developing outreach best practices and tools. The equity policy has six major goals: Our City workforce reflects our community _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 14 of 39 82 Community outreach and engagement is relevant, intentional, inclusive, consistent and ongoing All residents and visitors receive equitable delivery of City services City government is committed to equity in the decision-making process Equity serves as a core value for all long-term plans moving forward The City will build capacity around equity within City government and the broader community Strategies This program will market sustainable transportation through a direct, individualized approach supporting and encouraging residents and employees to change their travel behavior. Methodology will include individualized marketing; social marketing; and engaging community and residential groups, individuals, businesses and other targeted groups of corridor users. Marketing will promote sustainable transportation options that reduce single-occupant vehicle travel such as transit, carpool, vanpool, active transportation, telecommuting, and new mobility services. Strategies may include, but are not limited to: Outreach and education on sustainable transportation options Distribution of ORCA incentives to encourage transit use; Facilitate access to reduced fares for low-income, RRFP, seniors, and youth by partnering with ORCA Neighborhood Pop-up, ORCA LIFT (Public Health – Seattle & King County), and ORCA Youth Administration of a sustainable transportation rewards program Distribution of safety/visibility gear for active transportation Attendance at community or employer resource fairs and meetings Install amenities such as bike racks, wayfinding signage, and parking designated for carpool Translation, interpretation, transcreation of materials, and partnership development to reach target populations Trip planning assistance If COVID remains active, the program will continue to pivot by trying new remote outreach methods such as developing webinars and connecting with users via partners. The program will focus on providing TDM services and public health messages via trusted channels, developing partnerships, and conducting outreach safely according to public health directives. Performance Metrics Transportation mode choice data will be collected via surveys. A pre-intervention survey will be administered to capture baseline data when participants enroll in the transportation rewards program. Follow-up surveys will be administered 1 month, 3 months, and 6 months later, as capacity allows. Actual timing of follow-up surveys will vary depending on scheduling around _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 15 of 39 83 holidays, current events, and synergy with partner agencies. Data captured at 2 or more points in time will be used to report the final VT and VMT reduced by the program. Additional strategies to measure success include: ORCA card usage rates Number of outreach events/attendees/contacts Number of sustainable transportation incentives distributed Estimating the reach of marketing efforts Qualitative customer feedback from participants and partner organizations Anticipated Schedule and Deliverables DeliverableTarget Dates Develop outreach materials (webpage, surveys, flyers, reward slips) January 1, 2021 Outreach to community groups, individuals, employers, property through November 30, 2022 managers, and other targeted groups of corridor users to promote use of non-drive alone travel Administration of rewards programthrough November 30, 2022 Personalized trip planning assistance and employer/property manager through November 30, 2022 consultations Hold transportation trainings at interested employment centers, through November 30, 2022 housing sites and worksites Analysis of rewards program survey data to calculate VT and VMT November 30, 2022 reduced Submit progress reports, metrics, and invoices that include labor hours through January 5, 2023 and receipts for reimbursable expenses, at least quarterly Anticipated Budget through November 30, 2022 Project Element Budget Administration$43,000 Incentives $22,000 Marketing $27,000 Outreach $83,000 Bicycle and Pedestrian Amenities$50,000 Total Project Cost$225,000 _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 16 of 39 84 Exhibit B FEDERAL TRANSIT ADMINISTRATION (FTA) THIRD PARTY CONTRACT REQUIREMENTS This Contract shall be partially funded by the Federal Transit Administration (FTA). The following provisions include, in part, certain standard terms and conditions required by the U.S. Department of Transportation. All Contractual provisions required by the U.S. Department of Transportation, as set forth in FTA Circular 4220.1F, as revised, dated March 18, 2013, as are the requirements of the Master Agreement between King County (“the County”) and the U.S. Department of Transportation, including all “flow down” provisions to third party Contractors and Subcontractors are hereby incorporated by reference. Unless stated otherwise, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any County requests that would cause the County to be in violation of the FTA terms and conditions. 1-1Disadvantaged Business Enterprise (DBE) Participation A.Nondiscrimination 49 CFR part 26. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of United States Department of Transportation assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the County deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). B.DBE Program. The DBE requirements of 49 CFR Part 26 apply to this Contract. King County has determined that no DBE goal will be established for this Contract. However, the County requires that the Contractor report any actual DBE participation on this Contract to enable the County to accurately monitor DBE program compliance. C.Efforts to Increase DBE Participation . Even though this Contract has no DBE goal, the County still encourages Contractors to pursue opportunities for DBE participation. To that end, Contractors are encouraged to: 1. Advertise opportunities for subcontractors and suppliers (“subcontractors”) in a manner reasonably designed to provide DBEs capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by DBE firms and may be done through general advertisements (e.g., newspapers, journals, etc.) or by soliciting proposals directly from DBEs. 2. Effectively use the services of available minority/women community organizations, Contractors’ groups, local, state, and Federal minority/women business assistance offices; Disadvantaged Business Enterprise and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs and other small businesses. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 17 of 39 85 Establish delivery schedules, where requirements of the contract allow and encourage 5. participation by DBEs and other small businesses. Achieve DBE attainment through joint ventures. 6. Solicit through all reasonable and available means (e.g., attendance at pre-bid 7. meetings, advertising and/or written notices) DBE and other small businesses that have the capability to perform the Work of the Contract. Select portions of the Work to be performed by Subcontractors to increase the 8. likelihood that DBE and other small businesses’ goals will be achieved Provide interested Subcontractors with adequate information about the plans, 9. specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. Negotiate in good faith with interested DBEs and other small businesses. 10. Avoid rejecting DBEs and other small businesses as being unqualified without sound 11. reasons based on a thorough investigation of their capabilities. The Contractor’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the Contractor’s efforts to obtain DBE and other small business participation. Make efforts to assist interested DBEs and other small businesses in obtaining 12. bonding, lines of credit, or insurance as required by the recipient or Contractor. Make efforts to assist interested DBEs and other small businesses in obtaining 13. necessary equipment, supplies, materials, or related assistance or services. D. DBE Listing. A current list of DBE firms accepted as certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) is available from that office at (360) 753- 9693. For purposes of this Contract, a DBE firm must be certified by OMWBE as of the date of contract award. E. Procedure Applicable when DBEs Are Utilized. Concurrent with the use of any DBE subcontractor or supplier the Contractor shall provide notice of such use in writing to the King County Office of Business Development and Contract Compliance (BDCC). Upon receipt of said notice, BDCC shall provide the Contractor with the applicable procedures for counting DBE participation. Assistance with this Section is available from BDCC at (206) 263-9717. Notice referenced herein should be delivered to the following address: King County Department of Finance Office of Business Relations and Economic Development 401 Fifth Avenue, Suite 350 MS CNK-ES-0350 _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 18 of 39 86 Seattle, WA 98104 Phone: (206) 263-9717 Fax: (206) 205-0840 F.The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the County. In addition, the contractor may not hold retainage from its subcontractors, but may require the purchase of a retainage bond by the subcontractor. G.The Contractor must promptly notify the County whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the County. 1-2Federal Changes Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the County and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 1-3No Federal Government Obligations to Third Parties The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Contractor or any other party (whether or not a party to this Contract) pertaining to any matter resulting from this Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, . except to identify the subcontractor who will be subject to its provisions 1-4Civil Rights The following requirements shall apply to this Contract and all third-party contracts: (A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, U.S. Department of Justice “Guidelines for enforcement of Title VI, Civil Rights Act of 1964, 28 CFR §50.3, U.S DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 19 of 39 87 section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any person on the basis of race, color, religion, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (B) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (1) Race, Color, Religion, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, section 503 of the Rehabilitation Act of 1973, as amended 29 U.S.C. §793 and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, age, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (2) Sex - In accordance with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. Sections 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR Part 25, and FTA Circular 4220.1F Chapter IV, Section 2(a)(5)(b), the Contractor agrees to refrain from discrimination against present and prospective employees on the basis of their sex. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) Age - In accordance with The “Age Discrimination Act of 1974, as amended, 42 U.S.C. Sections 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance, 45 CFR Part 90, and section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (4) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq., the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 20 of 39 88 Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.’ (C) Information and Reports - The Contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such regulations, orders and instructions. The Contractor shall maintain all required records for at least three (3) years after the County makes final payment and all other pending matters are closed. Where any information is required and it is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County or the Federal Transit Administration, as appropriate, and shall set forth efforts made to obtain the information. (D) Sanctions for Noncompliance - In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the County shall impose such contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1.Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or, 2.Cancellation, termination or suspension of the Contract, in whole or in part. (E) Incorporation of Provisions - The Contractor shall include the provisions of paragraphs A through E of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the County or the FTA may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interests of the County, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 1-5Labor Provisions - Non-Construction Contracts (For Contracts in excess of $100,000) The Contractor agrees to comply, and assures the compliance by each subcontractor or subconsultant at any tier with any applicable employee protection requirements for non- construction employees of Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. Sections 3701-3702 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. These include but are not limited to the following: _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 21 of 39 89 A. Overtime Requirements No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1.5) times the basic rate of pay for all hours worked in excess of forty (40) hours in such work week. (29 CFR § 5.5(b)(1)). B. Violation: Liability for Unpaid Wages: Liquidated Damages In the event of any violation of the clause set forth in paragraph A of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of paragraph A of this section in the sum of ten ($10) dollars for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty (40) hours without payment of the overtime wages required by paragraph A of this section. (29 CFR § 5.5(b)(2)). C. Withholding for Unpaid Wages and Liquidated Damages The Department of Transportation or the County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph B of this section. (29 CFR § 5.5(b)(3))) D. Payrolls and Basic Records The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. Further, the records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying or transcription by authorized representatives of the Department of Transportation and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (29 CFR § 5.5(c)). _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 22 of 39 90 E. Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through E of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through E of this section. (29 CFR § 5.5(b)(4)). The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the County. In addition, the contractor may not hold retainage from its subcontractors, but may require the purchase of a retainage bond by the subcontractor. 1-6Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which providethat recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 1-7Audit and Inspection of Records Access to Records - The following access to records requirements apply to this Contract: A. Where the FTA Recipient or a subgrantee of a FTA Recipient (“Purchaser”) is the County, the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions in accordance with 2 C.F.R. 200.336. Contractor also agrees to provide the County and the FTA Administrator or his authorized representatives including any PMO Contractor, pursuant to 49 C.F.R. 633.17, access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient, the Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000 (49 CFR Part 633.5). _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 23 of 39 91 C. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 2 C.F.R. 200.336, the Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. E. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. F. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. G. FTA does not require the inclusion of these requirements in subcontracts. 1-8FTA Protest Procedures Bidders are hereby notified that if this Contract is funded in whole or in part by the Federal Department of Transportation, the Federal Transit Administration (FTA) may entertain a protest that alleges that the County failed to have or follow written protest procedures. Bidders must file a protest with the FTA not later than 5 working days after the County renders a final decision or 5 working days after the Bidder knows or has reason to know that the County has failed to render a final decision. The protesting party must notify the County if it has filed a protest with the FTA. After 5 days, the County will confirm with FTA that FTA has not received a protest. Protests to the FTA must be filed in accordance with FTA Circular 4220.1F (as periodically updated). The County will not award a contract for 5 working days following its decision on a Bid protest or while a protest to the FTA is pending unless the County determines that: (1) the items to be procured are urgently required; (2) delivery of performance will be unduly delayed by failure to make the award promptly; or (3) failure to make prompt award will otherwise cause undue harm to the County or the Federal Government. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 24 of 39 92 1-9Privacy Should the Contractor, or any of its subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the recipient and any contractors, third party contractors, subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this contract will make this contract subject to termination. The Contractor agrees to include this clause in all subcontracts awarded under this Contract, which involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. 1-10Certification Regarding Debarment, Suspension and Other Responsibility Matters Pursuant to Executive Order 12549 and 12689, “Debarment and Suspension,” 31 USC § 6101 note and federal regulations in 2 CFR Part 180.300 and 2 CFR Part 1200, entities and individuals who are debarred or suspended by the federal government are excluded from obtaining federal assistance funds under this contract. To assure that such entities and individuals are not involved as participants on this FTA-financed contract, if the contract exceeds $25,000, each Bidder shall complete and submit, as part of its Bid, the certification contained in Attachment A for itself, its principals and its subcontractor(s) for any subcontract in excess of $25,000. The inability of a Bidder to provide a certification in Attachment A will not necessarily result in denial of consideration for contract award. A Bidder that is unable to provide a certification must submit a complete explanation attached to the certification form. Failure to submit a certification or explanation shall disqualify the Bidder from participation under this Bid. The County, in conjunction with FTA, will consider the certification or explanation in determining contract award. No contract will be awarded to a potential third-party contractor submitting a conditioned debarment or suspension certification, unless approved by the FTA. The certification is a material representation of fact upon which reliance is placed in determination of award of contract. If at any time the Bidder or Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, it shall immediately provide written notice to the County. If it is later determined that the Bidder knowingly rendered an erroneous certification, or failed to notify the County immediately of circumstances that made the original certification no longer valid, the County may disqualify the Bidder. If it is later determined that the Contractor knowingly rendered an erroneous certification, or failed to notify the County immediately of circumstances which made the original certification no longer valid, the County may terminate the contract, in addition to other remedies available including FTA suspension and/or debarment. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 25 of 39 93 1-11Subcontractors' Certification Regarding Debarment, Suspension or Ineligibility By submitting a Bid for this Contract, the Bidder agrees that should it be awarded the Contract, it shall not knowingly enter into any subcontract exceeding $25,000 with an entity or person who is debarred, suspended, or who has been declared ineligible from obtaining federal assistance funds; and shall require each subcontractor to complete the certification provided in Attachment B. Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall not knowingly enter into any lower tier subcontract with a person or entity who is debarred, suspended or declared ineligible from obtaining federal assistance funds, and a provision requiring each lower- tiered subcontractor to provide the certification set forth in Attachment B. The Contractor shall require each subcontractor, regardless of tier, to immediately provide written notice to the Contractor if at any time the subcontractor learns that its, or a lower-tier certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor may rely upon the certifications of the subcontractors unless it knows that a certification is erroneous. The Contractor's knowledge and information regarding any subcontractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business. 1-12Disclosure of Lobbying Activities Bids in excess of $100,000 require Attachment C, “Certification Regarding Lobbying,” and Attachment D, “Disclosure of Lobbying Activities” (if appropriate), be completed and submitted to the County with the proposal, in accordance with the instructions contained in Attachment F to this Agreement, as required by 49 CFR Part 20, “New Restrictions on Lobbying.” The Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by the Byrd Anti- Lobbying Amendment, 31 USC § 1352. The Contractor shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to the County. The Contractor will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. 1-13False or Fraudulent Statements or Claims (A) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 26 of 39 94 causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (B) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (C) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 1-14Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq. The Contractor agrees to include this clause in all subcontracts awarded under this Contract. 1-15Environmental Requirements The Contractor agrees to comply with all applicable standards, orders or requirements as follows: A. Environmental Protection The Contractor agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” 42 USC § 4321 note. FTA statutory requirements on environmental matters at 49 USC § 5324(b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 et seq. and 40 CFR Part 1500 et seq.; and joint FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 CFR Part 771 and 49 CFR Part 622. B. Air Quality The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401, et seq. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to FTA and the appropriate U.S. Environmental Protection Agency (EPA) Regional Office. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 27 of 39 95 The Contractor agrees to include this clause in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. C. Clean Water The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §§ 1251 et seq. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to FTA and the appropriate Environmental Protection Agency (EPA) Regional Office. The Contractor agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 USC §§ 300h et seq. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. D. Use of Public Lands The Contractor agrees that no publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, state, or local significance as determined by the federal, state or local officials having jurisdiction thereof, or any land from a historic site of national, state, or local significance may be used for the Project unless the FTA makes the specific findings required by 49 USC § 303. E. Historic Preservation The Contractor agrees to assist the Federal Government in complying with section 106 of the National Historic Preservation Act, as amended, 16 USC § 470f, Executive Order No. 11593, “Protection and Enhancement of the Cultural Environment,” 16 USC § 470 note, and the Archaeological and Historic Preservation Act of 1974, as amended, 16 USC §§ 469a-1 et seq. involving historic and archaeological preservation as follows: 1. The Contractor agrees to consult with the State Historic Preservation Officer about investigations to identify properties and resources listed in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, in accordance with Advisory Council on Historic Preservation regulations, “Protection of Historic and Cultural Properties,” 36 CFR Part 800, and notifying FTA of those properties so affected. 2. The Contractor agrees to comply with all federal requirements to avoid or mitigate adverse effects on those historic properties. F. Mitigation of Adverse Environmental Effects The Contractor agrees that if the Project should cause adverse environmental effects, the Contractor will take all reasonable steps to minimize those effects in accordance with 49 _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 28 of 39 96 USC § 5324(b), and all other applicable federal laws and regulations, specifically, the procedures of 23 CFR Part 771 and 49 CFR Part 622. 1-16Termination Provisions Required All contracts and subcontracts in excess of $10,000 shall contain contractual provisions or conditions that allow for termination for cause and convenience by the County including the manner by which it will be effected and the basis for settlement. (Required by FTA Circular 4220.1F, Page IV-13). 1-17Breach Provisions Required All contracts in excess of $100,000 shall contain contractual provisions or conditions that will allow for administrative, contractual, or legal remedies in instances where the Contractor violates or breaches the terms of this Contract, including sanctions and penalties as may be appropriate. The Contractor agrees to include this provisional requirement in all subcontracts in excess of $100,000 awarded under this Contract. (Required by FTA Circular 4220.1F, Page IV-13). 1-18Incorporation of FTA Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by the U.S. Department of Transportation, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any County requests that would cause the County to be in violation of the FTA terms and conditions. 1-19Sensitive Security Information The Contractor shall protect, and take measures to ensure that its subcontractors at each tier, protect “sensitive security information” made available during the administration of a third party contract or subconstract to ensure compliance with 49 U.S.C. 40119 (b) and implementing DOT regulations, “Protection of Sensitive Security Information,” 49 CFR Part 15, and with 49 U.S.C. § 114 (r) and implementing Department of Homeland Security Regulations, “Protection of Sensitive Security Information,” 49 CFR Part 1520. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 29 of 39 97 1-20Seatbelt Use Contractor shall adopt and promote on-the-job seatbelt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles in compliance with Federal Executive Order No. 13043, “Increasing Seatbelt Use in the United States,” April 16, 1997, 23 U.S.C. § 402 note. This provision shall be included in each third party subcontract involving this project. 1-21Texting While Driving and Distracted Driving Contractor shall promote policies and initiatives for its employees and other personnel that adopt and promote safety policies to decrease crashes by distracted drivers, including policies to ban text messaging while driving consistent with Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging While Driving,” October 1, 2009, 23 U.S.C. § 402 note, and DOT Order 3902.10, “Text Messaging While Driving,” December 30, 2009. This provision shall be included in each third party subcontract involving this project. 1-22Use of $1 Coins The Contractor and the County agree to comply with Section 104 of the Presidential $1 Coin Act of 2005, 31 U.S.C. Section 5312(p), FTA assisted property that requires the use of coins or currency in public transportation service or supporting service must be fully capable of accepting and dispensing $1 coins. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 30 of 39 98 ATTACHMENT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS Federal Transit Administration (FTA) The prospective Primary Participant (potential contractor for a major third-party contract), ________________ ____________________certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this been convicted of or had a civil Bid judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in Paragraph 2 of this certification; and 4. Have not within a three (3) year period preceding this Bid had one or more public transactions (federal, state or local) terminated for cause or default. \[If the primary participant (applicant for an FTA grant, or cooperative agreement or potential third- party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.\] THE PRIMARY PARTICIPANT (POTENTIAL CONTRACTOR FOR A MAJOR THIRD-PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 USC SECTIONS 3801, ET SEQ., ARE APPLICABLE THERETO. Name of Firm: Authorized Signature: Printed Name: _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 31 of 39 99 Title: Date: _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 32 of 39 100 ATTACHMENT B CONTRACT NO: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER-TIER COVERED TRANSACTIONS (This Attachment may be completed and submitted to the Buyer after award of Contract.) The Lower-Tier Participant (potential sub-grantee or sub-recipient under a Federal Transit Administration (FTA) project, potential third-party contractor, or potential subcontractor under a major third-party contract), __________________________ certifies, by submission of this Bid, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. The Lower-Tier Participant will not knowingly enter into any lower-tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective Lower-Tier Participant agrees by submitting this proposal that it will include this requirement in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions. If the Lower-Tier Participant (potential sub-grantee or sub-recipient under an FTA project, potential third-party contractor, or potential subcontractor under a major third party contract) is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Bid. THE LOWER-TIER PARTICIPANT (POTENTIAL SUB-GRANTEE OR SUB-AGREEMENT UNDER AN FTA PROJECT, POTENTIAL THIRD-PARTY CONTRACTOR, OR POTENTIAL SUBCONTRACTOR UNDER A MAJOR THIRD-PARTY CONTRACT) CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTAND THAT THE PROVISIONS OF 31 USC §§ 3801, ET SEQ., ARE APPLICABLE THERETO. Name of Firm: Authorized Signature: Printed Name: _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 33 of 39 101 Title: Date: _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 34 of 39 102 ATTACHMENT C CERTIFICATE OF LOBBYING ACTIVITIES CONTRACT NO. ________ The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. (2) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee or a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," to the contract administrator. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by § 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Name of Firm: Authorized Signature: Printed Name: Title: Date: _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 35 of 39 103 ATTACHMENT D DISCLOSURE FORM TO REPORT LOBBYING DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S. C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For material change only: e. loan guarantee year_________ f. loan insurancequarter______ Date of last report:________ 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Prime Subawardee Name and Address of Prime: Tier________, if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: _______________ 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if different from No. 10a) (If individual, last name, first name, MI): (Last name, First name, MI): 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): a. retainer 12. Form of Payment (check all that apply): b. one-time fee a. cash c. commission b. in kind; specify: nature __________ d. contingent fee value __________ e. deferred f. other; specify: ______________________ 14. Brief Description of Services Performed or to be Performed and date(s) of service, including officer(s), employee(s), or member(s) contacted, for payment indicated in Item 11: (Attach Continuation Sheet(s) SF-LLL-A, if necessary) 15. Continuation Sheet(s) SF-LLL-A attached): Yes No 16. Information requested through this form is authorized by title Signature:__________________________________ 31 USC § 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was Print Name:________________________________ placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 USC § 1352. Title: _____________________________________ This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil Telephone No: ______________________________ penalty of not less than $10,000 and not more than $100,000 for each such failure. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 36 of 39 104 Date: _____________________________________ _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 37 of 39 105 ATTACHMENT E INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of a covered federal action, or a material change to a previous filing to title 31 USC § 1352. The filing of a form is required for each payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with a covered federal action. Use the SF-LLL- A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subaward of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at lease one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identified in item 1 - (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the federal agency, enter the federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered federal action. (b) Enter the full name, of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the amount of box(es). Check all boxes that apply. If payment is made through in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with federal officials. Identify the federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not an SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 38 of 39 106 Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. _________________________________________________________ 2021-2022 Transportation Demand Management Agreement Between the City of Tukwila and King County Page 39 of 39 107 108 Transportation & Infrastructure Committee Minutes........................................................................................January 25,2021 Usbotqpsubujpo!Efnboe!Nbobhfnfou!Bhsffnfou Tubgg!jt!tffljoh!Dpvodjm!bqqspwbm!pg!b!Usbotqpsubujpo!Efnboe!Nbobhfnfou!bhsffnfou!xjui Ljoh!Dpvouz!Nfusp!up!bddfqu!qbtt!uispvhi!gvoejoh!jo!uif!bnpvou!pg!%336-111!up!dpoujovf pvusfbdi!bdujwjujft!uispvhi!Opwfncfs!41-!3133/ Committee Recommendation Dpvodjmnfncfs!Rvjoo!sfdvtfe!ijntfmg!gspn!uif!dpnnjuuff!sfdpnnfoebujpo/ Nbkpsjuz!bqqspwbm/!Gpsxbse!up!Gfcsvbsz!2-!3132!Sfhvmbs!Dpotfou!Bhfoeb/ Bttfu!Tibsjoh!Bhsffnfou;!Fyufofu!Tztufnt-!Jod/ Tubgg!jt!tffljoh!Dpvodjm!bqqspwbm!pg!bo!bhsffnfou!xjui!Fyufofu!Tztufnt-!Jod/!up!hsbou!uif tibsjoh!pg!ufmfdpnnvojdbujpot!bttfut/ Items for follow-up: Sfnpwf!tjhojgjdbou!cmbol!tqbdft!jo!gjobm!dpousbdu/ Committee Recommendation Vobojnpvt!bqqspwbm/!Gpsxbse!up!Gfcsvbsz!2-!3132!Sfhvmbs!Dpotfou!Bhfoeb! JJ/Njtdfmmbofpvt Uif!nffujoh!bekpvsofe!bu!7;37!q/n/! Dpnnjuuff!Dibjs!Bqqspwbm! Njovuft!cz!HM-!MI! 109 110 TO: Mayor Ekberg Councilmembers FROM:David Cline, City Administrator DATE: January 27, 2021 SUBJECT: City Administrator’s Report The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. Intergovernmental Update I. Virtual Meetings with State Legislators: Mayor Ekberg, Council President Kruller, City Administrator Cline and Deputy City Administrator Bianchi met virtually with lobbyist David Foster and Senator Steve Bergquist on January 4, with Senator Hasegawa on January 12 and with Representative Hackney on January 13. Sound Cities Association Briefing with King County Director of Public Health: Mayor Ekberg and City Administrator David Cline participated in a briefing with King County Public Health Director Patty Hayes arranged by Sound Cities Association on January 5 and January 19. King County City Managers/City Administrators Meeting: City Administrator David Cline participated in a King County City Managers/City Administrators meeting on January 6. Sound Cities Association Racial Equity and Justice Session: City Administrator David Cline participated in the Sound Cities Association Racial Equity and Justice session on January 8. Sound Cities Association Mayors Meetings: MayorEkberg participated in Sound Cities Association Mayors meetings on January 12 and January 22. King County Regional Approach to Gun Violence: On January 19 Council President Kate Kruller, City Administrator David Cline, and staff members Niesha Fort-Brooks and Nate Robinson participated in a King County meeting on a Regional Approach to Gun Violence and Impacts on Youth. ICMA Leadership Institute on Race, Equity,and Inclusion:City Administrator David Cline was accepted into the inaugural class of 22 City Managers and Administrators across the country that will meet on a monthly basis to work together to advance the work of professional city management through the lens of equity and inclusion. This is sponsored by the International City/County Management Association (ICMA) and the Kettering Foundation. Metro Connects Technical Advisory Committee Meeting: Community Development staff attended the Metro Connects Technical Advisory Committee meeting on January 19. Metro 111 City Administrator’s Report January 27, 2021 Page 2 presented proposed policy updates to the Strategic Plan to integrate policies to address equity and climate change contained in the Mobility Framework. Metro also provided a URL to the new dashboard they will be using to track performance measures: https://kingcounty.gov/thedash. Association of Washington Cities Mayors Exchange: Mayor Ekberg participated in an Association of Washinton Cities Mayors Exchange on January 21. South King County Housing and Homelessness Partnership Executive Board Meeting: Community Development staff attended the South King County Housing and Homelessness Partnership (SKHHP) Executive Board meeting where discussion took place about 501(c)(3) status for SKHHP and Interlocal Agreement for use of pooled HB 1406 funds. Rapid Ride A-Line Meeting: Staff from DCD and Public Works met with King County Metro and City of SeaTac staff to discuss results of a traffic study Metro and WSDOT have conducted to improve speed and reliability of the Rapid Ride A-Line, a route which goes from Federal Way to the light rail station at TIB and Southcenter Blvd. Since the start of the pandemic, the A Line has retained 63% of its ridership. Speed and reliability improvements are being proposed to reduce crowding and maintain efficiency. Tukwila Parks and Recreation Named National Youth Sports Strategy Champion: The US Department Of Health and Human Services, Office of Disease Prevention and Health Promotion has named Tukwila Parks and Recreation as a National Youth Sports Strategy (NYSS) Champion for the work being done to promote youth sports culture around a shared vision: that one day, all youth will have the opportunity, motivation, and access to play sports – regardless of their race, ethnicity, sex, ability, or zip code. For more information, please visit https://bit.ly/2RvORrL. Community Events II. Tukwila Pond Park Master Plan: The first Tukwila Pond Master Plan Stakeholder meeting was held on January 13. Almost40 people participated in the meeting and gave ideas and input to the project team. Stakeholders have been invited to participate in a design charette on January 26. A Community Meeting is scheduled for February 3rd at 6:30pm via Zoom. Anyone interested in attending can RSVPat http://www.tukwilawa.gov/Pond. Virtual Youth Action Day: Teens for Tukwila will be attending a virtual Youth Action Day on January 31. The group will be presenting a workshop on to the entire event (100+ young people). The group has also been working on raising awareness on the challenges that Oromo, Kashmir, and Palestinian communities are facing in Tukwila and providing support for people re-entering society after being incarcerated. Staff Updates III. Public Safety Meeting with Spice Bridge: Community Liaison Officer Matt Valdez and Seargent Zack Anderson met with employees of the Spice Bridge multi-ethnic food bazaar on Tukwila 112 City Administrator’s Report January 27, 2021 Page 3 International Blvd on January 21. Everyone was masked and socially distant as they discussed general safety tips and security awareness. Project Updates Boeing Access Rd over Airport Way Bridge: Estimated Completion: March 2021 Razz Construction has completed work on the approach slabs on the north side of the bridge. Traffic control was switched to the north side to allow Razz access to the south side of the bridge. The crew also continues to work on Pier 2 on the underside of the bridge. Crews will continue to work on the topside and underside of the bridge to maximize desired weather windows. 42ndAveSBridgeReplacement: The field data from the surveying crew, soil samples, and high-water mark have been collected and are currently being processed to provide TranTech Engineering with the required information to start the design/calculations of the bridge replacement. City staff, TranTech, and their subconsultants are preparing documentation regardingcommunity engagement and public outreach. Tukwila Village: The Tukwila Village Community Development Association Board of Directors held their monthly meeting on January 19. Boards, Commissions and Committees Arts Commission: The next meeting is scheduled for January 27, 2021. 2 Resident position terms expire December 31, 2021. No vacancies. Civil Service Commission: The next meeting is scheduled for February 18, 2021. 1 resident term set to expire December 31, 2021. No vacancies. COPCAB: The next meeting is scheduled for February 11, 2021. UU 3 Resident position terms set to expire December 31, 2021. VACANT: 1 Business Representative, 1 School District Representative, 1 Resident position and Student Representative. 2 Applications received.Appointment confirmations scheduled for February 22, 2021. Equity & Social Justice Commission: The next meeting is scheduled for February 4, 2021. 1 City Council Representative position term expires December 31, 2021. 2 Education position terms expires December 31, 2021. 1 City Employee position term expires December 31, 2021. 1 Community Representative position term expires December 31, 2021. VACANT: 1 Education Representative and Student Representative. Human Services Advisory Board: The next meeting is in the process of being scheduled for February 2021. 1 Resident position term expires December 31, 2021. 1 Faith-Based Community position term expires December 31, 2021. VACANT: 1 Business Community Representative. 113 City Administrator’s Report January 27, 2021 Page 4 Library Advisory Board: The next meeting is scheduled for February 2, 2021. 3 Resident position terms expire December 31, 2021. VACANT: Student Representative. Lodging Tax Advisory Committee: The next meeting is scheduled for February 12, 2021. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative and 1 Funded by Tax Representative. Park Commission: The next meeting is scheduled for February 10, 2021. 3 Community position terms expire December 31, 2021. VACANT: 1 Community Representative and Student Representative. Planning Commission: The next meeting is scheduled for January 28, 2021. No terms set to expire in 2021. No vacancies. 114 115 116 117 118 119 120 121 122 123 124 125 126 2020 2019 2018 2017 2016 A/E PROCUREMENTA/E PROCUREMENTA/E PROCUREMENTA/E PROCUREMENT MOVE-IN/OCCUPANCYMOVE-IN/OCCUPANCYMOVE-IN/OCCUPANCY PROGRAMMINGPROGRAMMINGPROGRAMMING DESIGN/PERMITTINGDESIGN/PERMITTINGDESIGN/PERMITTING BIDDING/CONSTRUCTIONBIDDING/CONSTRUCTIONBIDDING/CONSTRUCTIONMASTER SITE PLAN FIRE STATION 51 FIRE STATION 52 JUSTICE CENTER PUBLIC WORKS Asset sharing will be key component to building out public Wi-Fi network., amendment and City Council review started on PC recommendations in June 2021. TVCDA board continued meeting monthly. Will be seeking a On-going. DCD staff continued to participate in the Interagency staff work SEPA determination. Sound Transit has submitted permitting framework for I-405 project for City's review. This will include Unclassified Use Permit Construction continued on Building B which is still expected to open by Design consultant contract is signed by the Mayor . Project team started Waiting for the contractor to mobilize. Reviewing submittals and traffic currently being reviewed for future change in one way direction scheduled permitting and construction should be complete within the first quarter of Asset sharing agreement have been approved w/ one telecom provider. group for 1-405 BRT project. Staff also commented on Sound Transit's Planning Commission public hearing was held on the subdivision code Have narrowed down physical locations for the two camera systems, Additional signs were placed near 53rd Ave S. Traffic revisions are Construction is ongoing. Contractor made significant progress. See same response above from school zone cameras project moratorium. The Ordinance also repealed the moratorium. the fourth quarter. CC held a public hearing in Jan 2021. Construction is complete. Project closeout is in process.Construction is complete. Project closeout is in process. Ongoing. Rental licensing moved to new online portal. Continued to utilize funding for mobile meals. Final grant repayment completed 12/21/20. No activity this quarter on this item. On hold until 2021 due to COVID-20 Applying for grant funding. venue manager in 2021. approval by City Council. Project design is at 90%. with 2021 Overlay. kick-off meeting. Project Complete Project on hold. control plans. 21'. Developer submitted revised parking management plan which must be approved Continue with carrier diversity program and continue deployment of public WiFi. in July. The Planning Commission will continue the public hearing on interim TIB project at TIBS. Staff continued coordinating with SRO and City of SeaTac on the On-going. DCD staff participated in a value engineering study for the I-405 BRT Spice Bridge opened in early September. CDA Board continued meeting monthly. Ongoing. Virtual inspection process started for rental housing inspections. Code Contract has been approved and signed, PD presently collaborating with TMC and PD, NovoaGlobal, and PW starting process of installation of school zone cameras Met with City administration and discussed with DCD and new City Attorney's 53rd Ave S Traffic Revisions were substantially completed and one-way traffic Continued implementation of newly adopted Shoreline Master Program and extension of the pedestrian bridge from the BRT station southward to SRO Master Plan for the SRO property, and continued recommending to ST the enforcement team continues to be in the field at least four days in a week. Critical Areas Code. Hearing on the ADU was postponed until an in person property. Staff provided comments on Technical Memos and is currently and simultaneously doing analysis of Red light running in the city. reviewing SEPA Determination with comments due on Oct 14th. CBD sewer repair construction contract to be awarded 10/5/20. Construction began in September, completion in Q2 2021. Construction is complete. Project closeout is in process.Construction is complete. Project closeout is in process. Design consultant contract is scheduled for 10/19 TIC. Continued to utilize funding for mobile senior meals. Final grant payment scheduled for December 2020. PW to move ahead with installation. On hold until 2021 due to COVID-20 zoning code revisions on 10/22/20. before Building B opens in 2021. office on various next steps. Applying for grant funding. Project design is at 60%. hearing could be held. lanes are operational. Project Complete. Project on hold. provided comments to ST on technical background memos on the project. community complaints. Officers are in the field at least four days a week. available for move-in. Spice Bridge, the global food hall at Tukwila Village Shoreline Master Plan/regulations. The new code goes into effect on July properties south of the freeway. Included SRO in a meeting with ST; SRO the alternative in the SEPA review process for the BRT project. DCD staff with PW and NovoaGlobal in the future to complete a new quantitative proposed participating in "betterment" policies to fund the inclusion of 8th. Planning Commission held a work session on amending Accessory virtual hearing. Instead, Council moved forward with public hearing on continuation of the hearing was postponed due to impacts from holding a On-going. DCD staff participate in the interagency staff group related to I-Met with BNSF and the City administration and discussed with DCD and Construction on residential portion of Building A is nearly complete and Selected the top design consultant. Scope and costs are currently being Construction contract awarded to Razz Construction by TIC and Council on 05/04/20 TIC. Traffic control plan has been approved by WSDOT and work Contract issued to PACE in April to design and construction management Design consultant hired, one way street traffic is being designed near 51st, The School Speed Zone Camera Contract will be presented to the CSS on PD will continue to collaborate with PW on sign placement. PD will work Continuing with carrier diversity program, school partnership on hot spot Radar signs and parking restriction signs installed throughout the City. 405 BRT advocating for the bridge from TIBS station to extend to the moratorium on TIB auto-oriented and lodging uses in July. However, Department of Ecology approved city's updates to Critical Areas and Planning Commission held a public hearing on interim development renewing TIB moratorium on 6/22/20. PC will revisit interim zoning Council approved waiver of late fees for rental license renewal and Ongoing. Code enforcement team has continued to respond to regulations that would have eliminated the need to renew the deployments, and continued deployment of public WiFi. Construction is complete. Project closeout is in process.Construction is complete. Project closeout is in process. July 27; COW on Aug 10; Regular Meeting on Aug 17. Continued to utilize funding for mobile senior meals. Final payment scheduled for December 2020. 53rd and Interurban Ave S for later this year. City attorney's office on various next steps. analysis on Red-Light running in the city. Applying for grant funding continuously On hold until 2021 due to COVID-19 Ongoing, will approach 60% soon. negotiated with the consultant inspections due to COVID-19. anticipates opening this Fall. Dwelling Units regulations. Project Complete. for LS 2 upgrades. will begin in July. Project on hold. revisions in Q3. contract to the Security and Safety Committee in June and on to the full council need to renew the moratorium and PC meeting for this portion is scheduled on inspection started taking online payments and work ongoing to go paperless. consultant hired, one way street traffic is being designed near 51st, 53rd and Staff has continued participation in the interagency staff group related to I-405 Council approved $1 million for design. Recently applied for PSRC grant. RFQ for Project design complete and construction bids were received. Construction and Designs are ongoing, projects include sewer relining in CBD and pump station Radar signs and parking restriction signs installed throughout the City. Design for approval. The time line is to have the system in place for employment at the recommendation on code amendments related to land uses to eliminate the Met with BNSF and the City administration and discussed with DCD and City Construction continued. Building A scheduled to open summer 2020. TVCDA PW staff assisted PD in attending meetings and installing cameras and other BRT advocating for the bridge from TIBS station to extend to the properties Public Safety/First responder services, Phase 1 of Public Safety Plan, park and recreation innovation and accessibility, traffic and pedestrian safety, public art implementationCouncil adopted updates to Shoreline Master Plan. Also, Critical Areas code The Police Department will submit the necessary info memo to present the Department of Ecology for final approval. PED Committee forwarded ADU Continuing with carrier diversity program, school partnership on hot spot structures/neighborhood blights with no cost to the city. Rental Housing the Council, City Administrator, Mayor, Police Chief and Fire Chief. PED Ongoing. Successful demolition of three long time nuisance residential updates were adopted by City Council. Both updates forwarded to the Board issued RFP for venue manager but on hold due to pandemic. Committee has asked Planning Commission to review and make a regulations update to Planning Commission for their review and The PROS Plan was adopted by Ordinance on April 6, 2020. deployments, and continued deployment of public WiFi. Construction is complete. Project closeout is in process.Construction is complete. Project closeout is in process. Utilizing funding for mobile senior meals program. construction management is 100% grant funded. Project is put on hold per Council's direction. beginning of the school year in late Aug/Sep. Applying for grant funding continuously attorney's office on various next steps. On hold until 2021 due to COVID-19 miscellaneous sign installations. design is scheduled for the Q2. At 30% design, grant funded. south of the freeway. recommendation. Interurban Ave S. Project on hold. upgrades. 4/23/20. TIS POLICE/PW TIS / P&R DCD/MO POLICE P&RP&R DCDDCD MO PWPWPWPWPWPWPWPWPWPWPW T&I/CDN T&I T&IT&IT&IT&IT&IT&IT&IT&IT&IT&I PEDPEDPED CSSCSSCSSCSS FIN Sound Transit TIBS Redevelopment, Boeing Access Station 1- Working with all carriers and new City Attorney on franchise agreement architectural design firm was contracted to provide a peer review on the The contractor completed their one-year maintenance period and were paid in full. In 2021, a call for bids will be advertised for a 2-year landscape revisions and forwarded them for consideration to the City Council. An Only one mailbox was sold in Q4. The only to sell during quarters 2-4. Three mailboxes remain. The program is discontinued for 2021 due to Plan is pushed to 2021. All fire trucks now have the new key holders On-going. Holden assisted living project and two other hotels remain Did not receive RCO grant for S. 116th park development. Economic Planning Commission held a public hearing on the Subdivision Code Prepared documents for 2021, should be approved on Feb 1, 2021 Development completed the work under the $20,930 Port grant. either installed or in the process of being installed. TSO multifamily design guidelines and standards. PW started hiring for a Levee Project Manager. maintenance contract. under construction. Project CompleteProject Complete lack of interest No update. and intuitive naming. Importing the historical records into an electronic system the imaging system, which includes image enhancement, metadata application, be decommissioning temporary irrigation system until next year. Weed control On-going. DCD staff is meeting with Mayor's Office to determine how to move will There are still 4 mailboxes left. Once the mailboxes are sold and dispersed the and On-going. Holden assisted living project and two other hotels remain under for this year forward with Subdivision Code revisions in 2020 and Multifamily Design provides accessibility and long-term protection for these paper records.Working with all carriers and new City Attorney on franchise agreement Funding for staff has been included in the Proposed 2021 CIP. watering for two restoration sites will continue until final plant acceptance in February 2021. Work under the Port grant is underway. program will be discontinued. has completed Plan to push to 2021 Completed for 2020 Guidelines in 2021. Project Complete.Project Complete. construction. No update. Contractor team on TSO Multifamily design standards & guidelines. Processed minor award funds are anticipated for additional work in Tukwila. Public Works match free grant applied for developing S116 Street/Green River parcel. Port of Seattle grant contact was signed. Work to start in Q3. RCO $500K DCD met with and provided second round of comments to Tukwila South Projects are on KCFCD CIP list distributed over the next several years. First DCD: Field work did not begin at any of the sites (TCC, Riverview Park, and Ft Dent) until late May when field crews, using safety protocols, began Only 4 mailboxes remain in program. There are not plans to continue weed control work. Additional grant awards will be issued in Q3 and Currently working with Verizon and new City Attorney on franchise Holden assisted living project and two other hotels remains under hired a contractor to water the plants during the dry period. project is the land purchase on Tukwila South. program after final 4 mailboxes are sold. amendment for Homestead Land Trust. Plan to push to 2021 Completed for 2020 Project Complete.Project Complete. construction. No update. agreement mailboxes available to the public and we will continue the necessary messaging descriptive information to advance identification and accessibility of historical Currently working with Verizon and new City Attorney on franchise agreement until all mailboxes have been sold. There is no more funding to continue this A Ribbon Cutting event was held on February 26, 2020 and the trail is completed PW staff met with KCFCD and formally requested the projects be put on KCFCD supporting their project for grants prepared. No DA needed for BECU. Work related to Tukwila South has focused on zoning code updates for residential Deadline is moved out to June. PED approved application for Port of Seattle Marvelle apartments construction completed. Holden and two other hotels additional installations of security mailboxes; however, there are additional PW staff are working on this project and good progress was made in design. PW staff installed all work orders given to them. Police will not encourage Homestead Land Trust Development Agreement was completed. Letters program after the remaining mailboxes have been depleted. Community Engagement moved to PROS Plan effort Done every year, covers entire year. documents in the City’s possession. Plan to push this to 2021 or beyond economic development grant. under construction. No update. standards. and open. CIP list. DCD/PW/TIS Police/PW MO/P&R MO/DCD DCD/PW FIREFIRE P&RP&RP&R DCD PW CSS/PED T&I/PED PED CSS CSS T&IT&I PED CSSCSSCSSCSS of the Housing Action Plan was completed. The community outreach included one meetings. Tukwila City Council adopted the work plan and budget for SKHHP. The recreation activity kits, and 10,851 masks were distributed through this program. comparison purposes, 751 reached out during the same timeframe in 2019. For SRO Tran was reassigned to patrol due to Covid-19. No other events were held due to lack DCD staff continued to participate in the staff working group and executive board Inter-local Agreement for use of pooled HB 1406 funds is under review by the City's Planning Commission was briefed on the report. The community outreach portion 53 individuals solicited assistance for minor home repair in Q4 of 2020, compared Q4 Marketing Sub-committee Meeting cancelled until further notice due to COVID-19. legal department and will be considered by SKHHP Executive Board in Jan 2021. on one meetings with many stakeholders including residents, business owners, 928 individuals reached out to Human Services for support in Q4 of 2020. For P&R staff continued to offer educational day support through Skyhawks, with continued throughout the 4th quarter. A total of 22,403 meals/snacks, 8,804 scholarship assistance from the Tukwila Children's Foundation. Park'n Play apartment owners, developers and students from Foster High School. Provided customers with information on how to access services remotely. No change from Q3. This will become a 2021 work plan item. the year, HS had 3,425 inquiries, vs 2,824 in 2019. Program on hold in 2020 due to pandemic. to 27 during the same period in 2019. of student interest and lack of PD staffing This was completed in 3rd quarter. Completed in 2019 OngoingOngoingOngoing On hold Burien, Federal Way, Kent, and Renton has been completed. The Tukwila-specific to the SKHHP Executive Board. This was a joint effort by the planners of six South School, Tukwila Elementary, Thorndyke Elementary, Cascade View Elementary Due to COVID-19 and budget preparation, this will be moved to 2021 work plan families through the Fall Park n' Play program, also beginning in October. This P&R is working with Skyhawks to provide a Distance Learning Support Program. Devon Schrum, Executive Director, provided an update to Council on September Officer Tran has held 2 on-line events with very little participation. Anticipate Staff presented the findings of the South King County Sub-Regional Housing Plan Housing Action Plan: The joint portion of the Housing Action Plan with Auburn, 807 individuals reached out to Human Services for support in Q3 of 2020. For beginning first with the public engagement portion. The PED Committee was Q3 Marketing Sub-committee Meeting cancelled until further notice due to comparison purposes, 675 reached out during the same timeframe in 2019. Housing Action Plan, focusing on the TOD/TIB area of the City is underway Cascade View and Tukwila Community Center) and schools (Impact Public COVID-19. Facilitated outbound calling for license renewals and providing Program begins in October. P&R is also providing support to children and will include distribution of food and activity kits at local parks (Crestview, 47 individuals solicited assistance for minor home repair in Q3 of 2020, customers with information on how to access services remotely. briefed on the deliverables that have been received to date. compared to 28 during the same period in 2019. Program on hold in 2020 due to pandemic. more discussions post COVID-19. and Showalter Middle School). Completed in 2019King County cities. OngoingOngoingOngoing On hold 28. outbound calling for license renewals, providing customers with information on participate in the staff working group and attending Executive Board meeting. Schools closed and move to e-learning for the remainder of 2019-2020 school Q2 Marketing Sub-committee Meeting cancelled due to COVID-19, facilitating Consultant hired to prepare Tukwila's Housing Action Plan. Work on the joint 993 individuals reached out to Human Services for support in Q2 of 2020. For comparison purposes, 742 reached out during the same timeframe in 2019. SKHHP Executive Director briefed the PED Committee and City Council and solicited input on SKHHP's work plan items in June. DCD staff continues to report for South King County Cities is almost complete and work on the 57 individuals solicited assistance for minor home repair in Q2 of 2020, This program is on hold indefinitely due to COVID compared to 47 during the same period in 2019. Program on hold in 2020 due to pandemic. Tukwila's Housing Action Plan has begun how to access services remotely. No changes from Q1 No change from Q1 Completed in 2019 OngoingOngoingOngoing On hold year. COVID issues, safety and safety impacts, we will work with TIS to facilitate attending Executive Board meetings. Resolution passed by City Council to For comparison purposes, 656 reached out during the same timeframe in amid the closing of schools; however, if there is a specific need to discuss South King County Cities. RFP issued and consultant selected for the joint use 90% of HB 1406 funds for rental assistance and 10% to be pooled to SKHHP until Pandemic is over. To revisit with City Council in 2nd Quarter Action Plan. PED Committee briefed. We are pooling 20,000 with other licenses, submission of weekly and monthly sales report to RASKC, and Updates to traffic mitigation plan for Thorndyke Elementary pushed out This program have been discontinued for the remaining of he school year Attended Q1 RASKC Marketing Sub-committee Meeting, issuance of pet 39 individuals solicited assistance for minor home repair in Q1 of 2020, 697 individuals reached out to Human Services for support in Q1 of 2020. City received 100,000 from the Department of Commerce for Housing This will be addressed later in the year, most likely 3rd or 4th quarter. This will be done in 4th quarter, after we have better information on Staff has been participating in the inter city staff working group and project with other cities. Work on going for the portion related the Internship program on hold; will determine next steps in Q2 compared to 43 during the same time period in 2019. facilitating outbound calling for license renewals. as schools are closed and focus is on e-learning. a discussion in the virtual environment. Housing Comprehensive Plan, Regional Affordable Housing Task Force, South King County Housing & Homelessness Partnership, affordable housing incentives Tukwila's Housing Action Plan COVID-19 financial impacts Completed in 2019 OngoingOngoingOngoing On hold 2019. P&R/DCD/ADMIN SVCS DCD/ADMIN SVCS ADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCS FINANCEFINANCE Police DCDDCD MOMOMO T&I CSSCSSPEDPEDCSSCSS Multifamily Design Guidelines in 2021. Negotiating contract with Chamber led Southside Promise program. Executed contract for $4,930 from Port grant for small business support to respond to On-going. DCD staff is meeting with Mayor's Office to determine how to move forward with Subdivision Code revisions in 2020 and Sending emails to businesses as new COVID-19 resources become Sewer Repairs completed on Strander/APE. CBD slip lining contract Continued SavingLocalKC.com and work on Experience Tukwila. Waiting on grant funds reallocation before project close out. Some capital funding is included in draft 2021-2022 biennial Ongoing relationship. Executed contract for $50,000 for the property owner to reimburse City for some staffing costs. Focused on 6 year financial model for lodging tax funds. Ongoing relationship. Shared info on business recovery. On hold due to pandemic. Rescheduled to 2021. budget. Additional work will be done in 2021. Waiting for Boeing's response and timeline. to be awarded by Council 10/5. COVID-19. available. DCD met with and provided second round of comments to Tukwila South Sending weekly emails to Tukwila businesses with resources. Conducted Contract executed for updates to design and construction management Ongoing relationship. Supported Chamber's Lodging Tax application for Launched SavingLocalKC.com platform for consumer facing businesses. Expanded content on ExperienceTukwila. Processed LTAC applications. On hold due to pandemic. Focus is now on business recovery. Waiting on grant funds reallocation before project close out. team on TSO Multifamily design standards & guidelines. Ongoing relationship. Shared info on business recovery. Southside Promise program to help small businesses. Waiting for Boeing's response and timeline. for Lift Station 2 pump replacement. No changes from Q1 survey. Tabled until COVID-19 analysis is completed. Will most likely be included in Implemented Great Tukwila Carry Out restaurant campaign in response to Staff comments on the proposed residential standards provided to the On hold due to pandemic. Focus is now on business recovery.On hold due to pandemic. Focus is now on business recovery. Completed on time under budget. 100% grant funded. Waiting for Boeing's response and timeline. Sewer improvements ongoing. 2021-2022 budget draft. Ongoing relationship. Ongoing relationship. pandemic. applicant. Economic Development Plan, regional infrastructure projects, Opportunity Zones, business relationships MO & DCD FINANCE DCD MOMOMOMOMO PWPW Finance FIN T&IT&I PEDPEDPEDPED Lodging Tax Advisory Committee & Funding Applications have affected commitment to this project. At this time resources are best directed at Laserfiche system, destruction of the paper records would not be possible as they are The new system has created a backlog of permits due to the training of both the staff information and create applicable legally required exemption logs. In preparation for relocation of the Records Center, Land Use files that are designated as Archival must these records digitized in the GET-IT repository has made a digital search of the files There are ongoing meetings and progress updates on remaining unresolved issues. Permits and 2013-2015 Sign Permits. The files required review to identify sensitive be identified prior to purging of approximately 500 boxes of paper records. Having the continued use of Community Development, and CZP (online customer portal). Staff has commenced quality control and cleaning of 2020 data in preparation for the The online portal (Laserfiche) was updated with 24,814 images of 2016 Development Ongoing increases in the volume and complexity of public records requests and more DCD and TIS have been working closely on resolving issues that are identified through Staff are using Bluebeam daily to review projects. There have been minimal issues Tukwila Works suspended due to the coronavirus response; will reengage Performance reviews 90% complete by Q4. Neogov part of the ERP system Completed during 3rd quarter and was included in the 2021-2022 biennial and more electronic systems that contain records, combined with staffing issues, Continuing the integration of GIS services into IT systems across the organization. Justice Center is open; additional tasks being wrapped up. Project under Some elements were included in the 2021-2022 biennial budget process, appraisal of records that cannot be destroyed prior to their review, due to the Signed purchase and sale agreement for HealthPoint site and received possible. Complex search query links are being developed for State Archivist “Archival” designation. If these 500 boxes of paper records were not in our including revenue/expenditure review and reserve policy. Financial In process. Plan is to complete this no later than 2nd quarter, 2021. Fire Station projected to open in February of 2021 on budget. goals attainable at current staffing levels and budget allocations. sustainability model will be moved to the 2021 work plan. Healthcare fully funded in the biennial budget. next reporting cycle that will be due July 2021. budget adopted by Council in December. and will be fully implemented in 2021. with the software or training.Implementation complete. On hold. Can move to 2021. once emergency is over. as well as the customers. permanent records. No change from Q3 Completed in 2019 Project out for bid. Complete. budget. DCD around processes and testing needed in a paperless environment to facilitate exporting to include metadata in the system for public access. Communication continues with TIS and Center closed for a week to get additional training and procedures in place before accepting were completed by our business partner. Preparation is in process to import these records Data entry procedures were refined with departmental liaisons for the next reporting cycle. 4,052 requests that culminated in 52 different data points required for metric calculations. evaluating a recruiting module as a part of the ERP process and will determine next steps on full implementation of the update to Laserfiche RIO. Ongoing increases in the volume Fire Station 51 is open and being used. The project is on budget. Fire Station 52 remains on The Justice Center is open. Building users and the contractor are working through punch list 2019 reporting to the State was successfully completed by the deadline. Reporting involved Microfilming and digitization of another year of permit and land use records (2,166 records) Training completed on Laserfiche workflow function. Build-out and testing are dependent Community Development, the new name for TRAKiT, went live on Aug. 31st. The Permit All submittals received after August 31st will be accepted electronically, no longer paper. Tukwila Works suspended due to the coronavirus response; will reengage once emergency In process. Due to work on drafting budget and implementing performance measures in the affected commitment to this project. Resources are best directed at goals attainable at and complexity of public records requests, combined with multiple staffing issues, have electronic applications. The month of September was spent resolving issues that arose during launch, process documentation, and training customers on how to use the new The City reengaged with Neogov due to a need in the police department. The City is Design is at 90%. Project team was told to hold the bidding process at the 9/7 COW. Continuing the integration of GIS services into IT systems across the organization. Completed during 3rd quarter and included in draft 2021-2022 biennial budget. Presented status update to Council on 9/28/20. Work on sales has restarted. draft 2021-2022 biennial budget, this project will be completed in 2021. electronic files from TRAKiT to Laserfiche for the GET-IT repository. through that effort. Employee evaluation portion moving forward. Bluebeam will be the program used to complete these reviews. Elements included in 2021-2022 draft biennial budget current staffing levels and budget allocations. Actuary information received in Q3. Implementation is 75% complete. On hold. Can move to 2021. schedule and on budget. No change from Q1 Completed in 2019 Complete. portal. is over. items. integrating TRAKiT to Laserfiche for the Microfilm and Digital project (GET-IT). Continued dependent on full implementation of the update to Laserfiche RIO. Ongoing increases in Live was scheduled for the beginning of July, it has been extended to the end of August successfully. Testing has been done with Fire, Mechanical, and Development permits. is being done on Permitting, Projects, and Code Enforcement. The original date of Go In process. Funding model and fund balance policy is expected to be completed in Q3 Meetings occurred with Community Development to plan for the implementation of public records requests and staffing reductions has affected commitment to this project. TRAKiT configuration is continuing, and testing is taking place. Testing and configuration Worked with Transpo Group to further build out GIS environment by rolling out ArcPro Ongoing monitoring; actuary and other information to come in Q3 in order to prepare Travelers Choice is pending response from potential purchaser. Other sites on hold due Resources are best directed at goals attainable at current staffing levels and budget JLARC reporting ongoing with continued quality control of over 4,104 rows of public Everything Benefits delayed due to vendor issues. Expected to be complete in Q3. Recruiting module being tested with current open positions; refinements ongoing. Design review of 60% was presented to at TIC 06/15/20. Paint booths have been Both fire stations on time and on budget. Fire Station 51 expected to open in Q3 Tukwila Works suspended due to the coronavirus response; will reengage once Build-out and testing are removed, inside building work has been advanced, costs are within estimates. All the Pre-Apps for 2020 have gone through their review through Bluebeam due to issues that have been identified and need to be resolved. Justice Center is on time and on budget; expected to open in Q3. In process. Will be completed in Q3 for budget process Training completed on Laserfiche workflow function. records requests data. Expected completion in Q3. digitization of routine permit records. The reviews have been successful. On hold. Can move to 2021. which enables self service. for the 2021/2022 budget. No changes from Q1No changes from Q1 emergency is over. Completed in 2019 allocations. Complete. Tukwila Works suspended due to the coronavirus response; will reengage once emergency is over. permitting in 2019. Ongoing work to transition to on-line permitting. Meetings and trainings are These image files also require review for sensitive information, creation of exemption Quality control has commenced for implementation of exporting electronic records on TRAKiT for the Microfilm and Digital project landscape of the City's revenue sources. Will be revisited during the 2021-2022 budget process Deadline has been extended to All departments have successfully transitioned to using a standardized tracking log- these annual was updated with 12,546 images for Electrical, and secured Development and Continuing to integrate GIS data warehouse as part of Lucity and Cloud hosted TRAKiT along with Tabled for now. Financial and economic impacts of COVID-19 have completely changed the Development and BETA testing of Public Records Contracted with SHKS, design review of 30% was presented to the committee and council. City Council approved contract for hosted cloud based model of TRAKiT including on-line Completed in 2019 Updated to reflect new agreement with PBM and Stop Loss Carrier Community Development to plan for the Performance Reviews Complete for 2019 / Recruiting Module is functional Everything Benefits projected to be online and functional End of May 2020 logs as needed, and editing of file names to enhance searchability. 2019 reporting for 4,104 rows of public records requests data. logs were received from all departments mid-March 2020. being held weekly to configure the new version of TRAKiT. Miscellaneous contracts were approved by the council. Will be realigned with drafting the 2021-2022 budget Tabled until later due to COVID-19 workload impactsTabled until later due to COVID-19 workload impacts Completed in 2019 USI is new Broker of Record Both fire stations are on time and on budget. Meetings occurred with Electronic Content Management System. submission portal is on hold at this time. Justice Center is on time and on budget. Staff training completed on Bluebeam. On hold. Can move to 2021. On hold due to pandemic. new online hub services. September 1, 2020. Completed in 2019 Electrical Permits. online portal (GET-IT). This ADMIN SVCSADMIN SVCSADMIN SVCS - PW as of Q3, ADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCS FINANCE/PW FINANCEFINANCEFINANCEFINANCE TIS/DCDTIS/DCD 2019 MO TISTIS Finance started collecting increased fees starting Nov 2020 Ongoing collection from development projects. Test area continued. Ongoing collection from development projects. Fees will increase in November 2020 to 16%. Test area continued 1st quarter numbers will be affected by COVID19 closure of businesses. Implemented in Q1 Test continues Successfully implemented new agreement. New revenue is being generated. Impact fees were approved and started implementing in the 1st quarter. No update, testing program goes through this summer season. P&R PWPW has been designed and staff are working with a vendor for installation. appointment and virtually. In mid-November in person programs were neighborhood on several issues. They are looking to form a Facebook- New program suspended until 2021 due to staff focusing on pandemic-Staff continued to offer fitness and wellness opportunities in person by A Utility Box Art Program was planned to be piloted during Q4. Artwork CPT is currently working closely with the residents of the Foster Point placed on hold per Safe Start and virutal programs increased to meet Small group work (less then 5) started in select parks w/ stewards to Installation was delayed due to additional clean up needed on utility boxes and also due to poor weather conditions that could impede Night out against crime was cancelled due to COVID-19 On hold to limit the spread of the coronavirus. On hold until it is safe to host events. related activities and Census. support Green Tukwila. based block watch. proper installation. No update. No change Complete demand. OngoingOngoingOngoingOngoingOngoingOngoing of the school resource officers when in -person learning occurs post COVID- Safe Start Guidelines for these services. Restarting these opportunities has cities, boosting its count higher in a month than the other cities during the fitness classes at the Tukwila Community Center according to Washington The City's response rate is currently 69.70%. In 2010 the response rate was P&R staff are providing opportunities for fitness room usage and in-person CPT staffing remains unchanged. There is continued dialog regarding the role No new blockwatches have formed during the COVID-19 pandemic. CPT will 64.0%. Tukwila recently won the south King County challenge among SKC New program suspended until 2021 due to staff focusing on pandemic- 19 restrictions. SRO's have currently been reassigned to patrol. On hold as events are sorted out due to coronavirus response. Baker Boulevard ground mural art was installed in September. been well received and participation continues to grow. Night out against crime was cancelled due to COVID-19 continues to engage virtually upon request. On hold until 2021 due to COVID-19 Projects put on hold through Q3 related activities and Census. month of September. Complete OngoingOngoingOngoingOngoingOngoingOngoing become Student/Youth Liaisons should they be removed from the schools. Former efforts have been delayed due to pandemic nation wide. Tukwila continues to be We will accommodate neighborhood Staff continues to work with partners to leverage outreach. Census door-to-door Project planning continues. There may be implementation in Q3 for some aspects SROs would embed as CPT and help focus on youth engagement and activities. CPT staffing remains unchanged with Matt Valdez as sole Community Liaison to blockwatches formed during COVID. CPT will engage virtually upon request. Contact with blockwatch captains is ongoing via email and phone. No new the school resource officers (SROs) On hold as events are sorted out due to coronavirus response. New program development suspended until Q3. In-person gatherings canceled due to COVID. “drive-throughs” upon request/notification Officer. Plans currently in process for On hold until 2021 due to COVID-19 below the national response rate. Effective multi-channel communication, Community Connectors, 2020 Census Outreach, Police Department Community Policing Team, Night Out Against Crime, community image investments Projects put on hold of this project. No report Complete OngoingOngoingOngoingOngoingOngoingOngoing new proposal to achieve the program goals in Q3, after Census 2020 workload support as the need arises. PD would be interested in collaborating with Parks Will re-assess at the end of May and early June prior to a final decision. This is Program suspended due to capacity at partner organization. Staff to develop The Community Police Team is focused on Homeless Outreach amid the COVID-19 Crisis. The emphasis is on providing resources, placement in shelters and PD will examine the viability of virtual block watch meetings and continue to Staff has been working with a variety of local partners, including the school education and outreach around the Census. Census outreach has been protecting our critical infrastructure from fires started by the homeless district, community based organizations and other channels to provide On hold as events are sorted out due to coronavirus response. impeded by the coronavirus pandemic nationwide. and Rec on these meetings if there is a need. COVID-19 Situation dependent. Projects put on holdProjects put on hold population. has passed. No reportNo report Complete OngoingOngoingOngoingOngoingOngoingOngoing DCD/ADMIN ADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCSADMIN SVCS POLICEPOLICEPOLICE SVCS P&RP&RP&RP&R UPCOMING MEETINGS AND EVENTS FEBRUARY2021 Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page). FEB 1 MONFEB 2 TUEFEB 3 WEDFEB 4 THUFEB 5 FRIFEB 6 SAT Community Services Library Advisory BoardEquity and Social and SafetyJustice 5:30 PM Commission 5:30 Electronic meeting PM Electronic meeting 5:15 PM Tukwila Pond Master Plan Electronic meeting Community Meeting Planning and A new master plan is being Community Development developed to guide the future of 5:30 PM Tukwila Pond Park. Please join us to Electronic meeting share your ideas for how you would improve this hidden gem. The meeting will be held virtually. City Council RegularMeeting 6:30 - 8:00 PMPM 7:00 PM To RSVP, visit Electronic meeting www.tukwilawa.gov/Pond For more information, contact Tracy Gallaway at 206-767-2305 or Tracy.Gallaway@TukwilaWA.gov FEB 8MONFEB 9TUEFEB 10 WEDFEB 11 THUFEB 12 FRIFEB 13 SAT Finance and Park CommissionCommunity Oriented GovernancePolicing Citizens 5:30 PM Advisory Board 5:30 Electronic meeting PM Electronic meeting 6:30 PM Electronic meeting Transportation and Infrastructure Services 5:30 PM Electronic meeting City Council Committee of the Whole Meeting 7:00 PM Electronic meeting Special Meeting to immediately follow the Committee of the Whole Meeting. ADOPT-A-SPOT AND BECOME A PARK STEWARD A year round partnership with residents, community groups and businesses to help beatify Tukwila’s parks and trails. Will youconsider adopting a spot by pitching in to pick up litter in your favorite parks? For more information, call 206-767-2315 or visit . tukwilawa.gov/residents/parks-recreation/adopt-a-spot PARK N PLAY PROGRAM BEGINS AGAIN FOR THE WINTER! Mondays, Tuesdays & Thursdays Free meals, snacks, activity kits and other essentials! Tukwila Parks and Recreation will deliver free meals, activity kits and snacks. Staff will be at various school lunch sites in the morning, and then various parks around 12 . If you are having trouble making it out to a school site to pick up lunch, then visit us at the park! Mask and PM social distancing are required.For more information on locations and time, email . ParksRec@TukwilaWA.gov DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS,THURSDAYS AND SATURDAYS 10:00 – 2:30 AMPM Tukwila Pantry is in need of shopping bags. – In need of volunteers between 8 – 1for food packaging Mondays, Wednesdays and Fridays and food distributions VOLUNTEERS AMPM Tuesdays, Thursdays and Saturdays. – Please donate at . DONORSTukwilaPantry.org STILL WATER SNACK PACKNEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack serves food bags on Fridays to Tukwila students in need. Volunteers needed on Wednesdays, 1 -3, Thursdays 9 -10and PMPMAMAM Please donate to feed our Tukwila kids. Fridays 9:45 -12:15 . AMPM For more information, call 206-717-4709 or visit . Checks can be mailed to facebook.com/TukwilaWeekendSnackPack Still Waters, PO Box 88576, Tukwila WA 98138. FREE COVID-19 TESTING CHURCH BY THE SIDE OF THE ROAD 3455 S 148 th St 9:30 – 5:30 MON-SAT AMPM Drive-thru and walk-up testing is available. CHI Franciscan partners with King County and City of Tukwila to provide this free service. See flyer for information in multiple languages: records.tukwilawa.gov/WebLink/1/edoc/333100/page1.aspx For more information to register, call King County at 206-477-3977 (8am – 7pm) or visit www.chifranciscan.org/freetesting. THE GREAT TUKWILA CARRY-OUT -SUPPORT OUR RESTAURANTS! Many Tukwila restaurants are offering pick up and/or delivery options during the. Help support Tukwila restaurants Stay Home, Stay Healthy Order by ordering from one of the listed restaurants. Contact City of Tukwila using the online form if we missed a restaurant or if a restaurant is no longer offering services. For more information, visit TukwilaWA.gov/departments/economic-development/the-great-tukwila-carry-out. FREE CLINIC AND MEDICATIONS 17250SOUTHCENTER PKWY, SUITE#136 2 ND WEDNESDAYS 5:45 – 9:00 PMPM Zoom+CareFoundation supports free clinic appointments on the Free clinic appointments with medications (except narcotics) every month! 2Wednesday of every month. nd The clinic treats acute illnesses and injuries, such as coughs, colds, urinary tract infections, minor wounds and Appointments will be scheduled at the clinic on a first come-first served basis beginning at 5:45 . Please bring a photo ID; no other rashes. PM documentation is required. For information, visit Zoomcare.com/info/zoomcare-foundation. 4th Wed., 6:00 . Contact Tracy Gallaway at Tracy.Gallaway@TukwilaWA.gov. Arts Commission: PM 2nd Mon., 5:00 . Contact Michelle Godyn at Michelle.Godyn@TukwilaWA.gov. Civil Service Commission: PM 2nd Thurs., 6:30 . Contact Phi Huynh at P.Huynh@TukwilaWA.gov. Community Oriented Policing Citizens Advisory Board (COPCAB): PM 2nd & 4th Mon., 5:30 . Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. Community Services and Safety Committee: PM 1st Thurs., 5:15 . Contact Niesha Fort-Brooks at Niesha.Fort-Brooks@TukwilaWA.gov. Equity and Social Justice Commission: PM 2nd & 4th Mon., 5:30 . Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. Finance and Governance Committee: PM Contact Hodo Hussein at Hodo.Hussein@TukwilaWA.gov. Human Services Advisory Board: 1st Tues., 5:30 . Contact John Dunn at John.Dunn@TukwilaWA.gov. Library Advisory Board: PM 2nd Wed., 5:30 . Contact Kris Kelly at Kris.Kelly@TukwilaWA.gov. Park Commission: PM 1st & 3rd Mon., 5:30 . Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. Planning and Community Development Committee: PM 4th Thurs.,6:30 . Contact Wynetta Bivens at Wynetta.Bivens@TukwilaWA.gov. Planning Commission / Board of Architectural Review: 137 PM 1st & 3rd Mon., 5:30 . Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. Transportation and Infrastructure Services Committee: PM Tentative Agenda Schedule MEETING 1 –MEETING 2 –MEETING 3 –MEETING 4 – REGULARC.O.W.REGULARC.O.W. FEB 1FEB 8FEB 15FEB 22 Special IssuesSpecial Issues -COVID-19 Weekly Report.-COVID-19 Weekly Report. Regular Meeting (2/16) See below link for theagenda -COVID-19 Financial Impact Report.-COVID-19 Financial Impact Report. cancelled due to a packetto view the agenda items: holiday week. February 1, 2020 Special Meeting to follow Special Meeting to follow Regular Meeting Committee of the Whole meeting. Committee of the Whole meeting. Consent Agenda Appointments Authorize the Mayor to sign a Confirm the appointments of Jay Stark to contract with King County for the Position #2 and Katrina Dohn to Position #4 Minor Home Repair Program, in the on the Community Oriented Policing Citizens amount of $100,000 (using Advisory Board. Community Development Block Grant Funds to be distributed between 4 Consent Agenda cities). Authorize the acceptance of the Waste - Reduction and Recycling grant from King County for 2021-2022, in the amount of $69,717. MEETING 1 –MEETING 2 –MEETING 3 –MEETING 4 – REGULARC.O.W.REGULARC.O.W. MAR 1MAR 8MAR 15MAR 22 Unfinished BusinessSpecial IssuesUnfinished BusinessSpecial Issues COVID-19 Weekly Report.-COVID-19 Weekly Report.-COVID-19 Weekly Report.-COVID-19 Weekly Report. -COVID-19 Financial Impact Report.-COVID-19 Financial Impact Report. Special Meeting to follow Committee of the Whole meeting. 138