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Home My WebLink AboutCOW 2023-08-14 COMPLETE AGENDA PACKET2 MEETING Tukwila City Council Agenda ❖COMMITTEE •OF THE WHOLE ❖ .&4.8114 ws.y R I908 Allan Ekberg, Mayor Counci/members: + Kathy Hougardy ❖ De'Sean Quinn David Cline, City Administrator + Kate Kruller ❖ Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖ Mohamed Abdi ❖ Tosh Sharp THE ON-SITE Monday, August WILL PRESENCE THE PHONE For 14, 2023; BE CONDUCTED BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. WILL BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). NUMBER FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Technical Support during the meeting call: 1-206-433-7155. 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Satish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS Including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting Council the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. PRESENTATION An introduction to Recology — The City's new solid waste provider. Anthony Brocato, General Manager, and Logan Harvey, Government Relations and Sustainability Manager; Recology Pg.1 5. PUBLIC HEARING An ordinance regarding a Multi -Family Property Tax Exemption (MFTE) program. To provide public hearing comments, please email citycouncil@tukwilawa.gov, Pg.11 provide your first and last name, and reference the public hearing topic in the subject line, by 5:00 p.m. on August 14, 2023. Once you have signed up by email, your name will be called upon during the meeting to speak for up to 5 minutes. Call 1-253-292-9750, ACCESS CODE 670077847# or Join Microsoft Teams Meeting at 7:00 p.m. on August 14, 2023 to access the meeting. You may also attend the public hearing in person and provide your comments on-site. (continued...) COMMITTEE OF THE WHOLE MEETING August 14, 2023 Page 2 6. SPECIAL ISSUES a. An ordinance regarding a Multi-Family Property Tax Exemption (MFTE) program. b. A resolution providing an honorary street designation for former Mayor Jim Haggerton. c. An amendment to the agreement with NovoaGlobal, Inc. for automated traffic safety cameras in parks. Pg.11 Pg.23 Pg.49 7. REPORTS a. Mayor b. City Council c. Staff 8. MISCELLANEOUS 9. EXECUTIVE SESSION Property Sale or Lease — Pursuant to RCW 42.30.110(1)(c); and Potential Litigation — Pursuant to RCW 42.30.110(1)(i) (60 minutes) NO action will follow in the open meeting. 10. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ COUNCIL AGENDA SYNOPSIS ,t•)* ' �, 4 Initials ITEM NO. Z Meeting Date Prepared by Mayor's review Council review sc'( (1' - 8/14/23 GL O 190 ITEM INFORMATION STAFF SPONSOR: COLLEEN MINION ORIGINAL AGENDA DATE: 8/14/23 AGENDA ITEM TITLE An Introduction to Recology — The City's New Solid Waste Provider CATEGORY Mtg Discussion Date 8/14/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police 11 PW SPONSOR'S The City's contract with Waste Management (WM) expires on October 31, 2023. At SUMMARY Council's direction, staff pursued an open, competitive procurement process for the next contract. Recology was the highest-rated proponent and staff proceeded with contract negotiations. On September 19, 2022, Council approved to award a 10 -year contract to Recology. Since September 2022, Staff has worked with WM and Recology to ensure a smooth transition for residents and businesses. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 8/14/23 Informational Memorandum dated 8/11/23 Recology PPT 1 2 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer By: Colleen Minion, Public Works Solid Waste Analyst CC: Mayor Allan Ekberg DATE: August 11, 2023 SUBJECT: Solid Waste Contract Status Update Contract No. 22-131 ISSUE The City's contract with Waste Management (WM) expires on October 31, 2023. At Council's direction, staff pursued an open, competitive procurement process for the next contract. Recology was the highest-rated proponent and staff proceeded with contract negotiations. On September 19, 2022, Council approved to award a 10 -year contract to Recology. DISCUSSION: Since September 2022, Staff has worked with WM and Recology to ensure a smooth transition for residents and businesses. In July, the Public Works Department hired a Solid Waste Analyst to oversee the contract transition and administration. Staff has also worked with Recology and a consultant (Wilder Environmental Consulting) to develop a communications strategy reaching residents and businesses regarding new services, rates, and new pick-up days (if applicable). Throughout the summer, Recology will be attending several City -led events to introduce themselves to the community, answer questions, and facilitate in-person account changes. Recology will hire a new Waste Zero Specialist and an additional customer service agent to focus on Tukwila before collection services begin. Below please find a detailed timeline. PROCESS SCHEDULE Event Time Frame Informational table at Bark in the Park July 20, 2023 Tukwila -specific Recology website goes live August 2023 Window for customers to set up Recology account August 1 — October 1, 2023 Informational table at Lunchtime Concert Series August 16, 2023 Informational table at Touch -a -Truck August 19, 2023 Three separate mailers sent to residents and businesses August -October 2023 Additional Recology staff hired September 2023 Recology affixes new decals to waste containers September -October 2023 Start of collection services November 1, 2023 FINANCIAL IMPACT There will be no financial impact to the City's general fund; all costs associated with this contract will be borne by the rate payers. RECOMMENDATION Discussion only. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 3 4 TM Recology WASTE ZERO RECOLOGY TUKWILA IMPLEMENTATION 0) Recology Contract Benefits — Residential Customers • Expanded customer service hours • 7AM — 7PM Mon — Fri • 8AM — 7PM Sat & Sun • Access to in-person customer service & hard -to - recycle drop off center at Recology Store • Expanded bulky item collection & free holiday tree collection for residential customers • Expanded inclement weather benefits • All new collection vehicles • All electric support vehicles • 4 Days a week of residential service Recology King County 1 2023 Recology Contract Benefits — Commercial and Multifamily Customers • Full-time Tukwila -dedicated Waste Zero Specialist • Commercial and multifamily contamination reduction program • One year of free compost program for commercial and multifamily customers • In-person training and outreach for schools, residents, businesses, and tenants Recology King County 1 2023 CO Contract Implementation — Current Progress • Residential and Commercial Routing — Complete • Tukwila Trucks — Ordered, commercial fleet has arrived • Finalized Rates — Complete, under city review • Tukwila City Website — Designed, under city review • Tukwila Commercial and Residential Mailers — Final Review Round • Tukwila Cart and Bin Labels — Final Review Round • Outreach to High Volume Customers — In Progress • Cart Re -stickering — Beginning in September Contract Implementation — Important Dates • Contract start date — November 15t • First mailer sent to residents and businesses — Week of 8/28 • Rates sent to residents and businesses — Week of 9/11 • Final postcard sent to residents — Week of 10/23 co Recology King County 1 2023 • (11 .0. ii,• IRJ/(' Recology. WASTE ZERO QUESTIONS? COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 7/24/23 DCS 8/14/23 DCS ITEM INFORMATION ITEM NO. 5 & 6.A. STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 7/24/23 AGENDA ITEM TITLE Multi -family Property Tax Exemption Resolution of Intent CATEGORY ® Discussion Mtg Date 7/24/23 ❑ Motion Mtg Date ® Resolution Mtg Date 7/24/23 ® Ordinance Mtg Date 8/21/23 ❑ Bid Award Mtg Date ® Public Hearing Mtg Date 8/14/23 ❑ Other Mtg Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Council is being asked to hold a public hearing and consider an ordinance designating the Southcenter area as a residential targeted area and amending the multi -family property tax exemption program. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC DATE: 7/17/23 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office/Economic Development Division COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 7/24/23 Approved a Resolution of Intent 8/14/23 8/21/23 MTG. DATE ATTACHMENTS 7/24/23 Informational Memorandum dated 7/11/23 Resolution with Exhibit A - Southcenter Residential Targeted Area map Minutes from the 7/17 PCD Committee meeting 8/14/23 Informational Memorandum dated 8/8/23 Draft Ordinance with Exhibit A - Southcenter Residential Targeted Area map 8/21/23 11 12 TO: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM City Council FROM: Derek Speck, Economic Development Administrator Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: August 8, 2023 SUBJECT: Multi -Family Property Tax Exemption (MFTE) ISSUE This item is intended to enable the Council to adopt an ordinance to designate the Southcenter area as a residential targeted area and make other revisions to the multi -family property tax exemption program. BACKGROUND In 2014 the City adopted a multi -family property tax exemption (MFTE) program and designated a portion of the Tukwila Urban Center's Transit Oriented Development district as the eligible area (a "residential targeted area"). In 2017 and 2021 the City amended the program to extend the application period and add additional criteria. The application period expired on December 31, 2022. No applications are currently pending. On February 6, 2023 the Planning and Community Development Committee (PCD) reviewed the Economic Development Division's 2023 workplan and requested to expedite discussion on the City's efforts related to the MFTE program. In response to PCD's request, at the PCD meeting on April 17 staff provided a report that described the State's requirements for cities to enact MFTE programs and included a discussion of potential costs, benefits, considerations, and criteria of such a program. The Committee asked staff to develop amendments to the Tukwila Municipal Code (TMC) to implement the MFTE for Tukwila South, and to consider including other portions of the Tukwila Urban Center, in the simplest way possible to reduce the amount of staff time needed for the amendments. On July 17 staff provided an overview to PCD of the revisions and process if the Council would like to adopt the revisions. On July 24 the Council adopted a resolution of intent and scheduled a public hearing for August 14. DISCUSSION If the Council would like to include Tukwila South in the MFTE program, staff has attached a draft ordinance with the necessary revisions shown in track changes. Those revisions are: (1) Residential Targeted Area: The current residential targeted area would need to be amended to include the area covered by the Tukwila South Overlay zone and staff would recommend also including all of the area covered by the Tukwila Urban Center (TUC) zone. Staff believes including the remainder of the TUC is important because State law requires the residential targeted area to be within an "urban center," as determined by the governing authority (City Council). RCW 84.14.010 defines an urban center as "a 13 INFORMATIONAL MEMO Page 2 compact, identifiable district where urban residents may obtain a variety of products and services. An urban center must contain: a. Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies; b. Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and c. A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use." Including the entire TUC in the residential targeted area increases Tukwila's South's ability to qualify as an urban center. (2) Application Period: Staff recommends extending the application period to December 31, 2028. (3) Limit on Number of Eligible Units: Because a property tax exemption would, for eight or twelve years, either shift property taxes to other taxpayers or would attract development without increasing tax revenues, the City may want to be limit the number of units that would qualify. Previously, the City's way to manage that risk was to set a time limit on the application period, effectively a sunset clause. Staff recommends continuing the sunset clause but adding an additional protection of a specific limit (or cap) on the number of eligible units at 800. (4) Building Permit Application Deadline: Our process to apply for the MFTE is fairly easy and relatively low cost to the developers. Because of that, if we limit the number of units that qualify for the exemption, we could receive applications from developers who don't have viable projects which would block other qualified developers from applying. To address this, we recommend requiring applicants to submit a complete building permit application within 18 months of receiving their "Conditional Certificate of Acceptance of Tax Exemption". (5) Housekeeping: The State law has changed from when Tukwila first adopted the MFTE and this would be an appropriate time to revise our TMC to match current state law. (6) Tracking Procedure: At the July 17 PCD meeting, the Committee requested staff include a procedure for tracking applications and notifying the Council before the number of housing units in the applications exceeds the limit. FINANCIAL IMPACT No budget adjustments are necessary for this item. There is insufficient information to estimate a financial impact. RECOMMENDATION The Council is being asked to consider the ordinance establishing the Southcenter MFTE area at the August 14, 2023 Committee of the Whole and the August 21, 2023 Regular Meeting. ATTACHMENTS Draft Ordinance with Exhibit A — Southcenter Residential Targeted Area 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2462, AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE (TMC) CHAPTER 3.90, AND ORDINANCE NOS. 2538 §1 AND 2665 §2, AS CODIFIED IN TMC SECTION 3.90.060; ESTABLISHING TMC SECTION 3.90.120; TO EXPAND THE RESIDENTIAL TARGETED AREA, AMEND ELIGIBILITY CRITERIA, AND ALLOW A NEW APPLICATION PERIOD FOR MULTI -FAMILY RESIDENTIAL PROPERTY TAX EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, chapter 84.14 RCW authorizes cities to provide for exemptions from ad valorem property taxation on qualified multi -family housing developments located in designated residential targeted areas in order to encourage more desirable and convenient residential units in urban centers; and WHEREAS, the King County Countywide Planning Policies (KCCPP), developed pursuant to the Washington State Growth Management Act, have established standards for cities to plan for their share of regional growth and affordable housing; and WHEREAS, in order to establish a multi -family property tax exemption program, the City must designate one or more residential targeted areas within which qualified projects may apply for tax exemption; and WHEREAS, the Southcenter area includes the Tukwila South Overlay zone, which has capacity for new development, and the Tukwila Urban Center zone, which is one of the region's designated urban growth centers and has access to high capacity transit; and WHEREAS, the City intends to assist in achieving its residential growth targets and goals in the City's Housing and Urban Center Element of the City's Comprehensive Plan by encouraging new multi -family housing in the Southcenter area; and CC:\Legislative Development\EstablishingSouthcenterMFTE8-7-23 Derek Speck Review by Andy Youn Page 1 of 6 15 WHEREAS, the Southcenter area currently lacks sufficient available, desirable, and convenient residential housing available to all ages, including affordable housing, to meet the needs of the public who would be likely to live and work in the area, if affordable, desirable, attractive, and livable places were available; and WHEREAS, thousands of people who work in the Southcenter area are unable to live near their jobs due to a lack of quality workforce housing and, as a result, these individuals commute to and from work, resulting in additional vehicles on regional roadways and adding more greenhouse gas emissions to the atmosphere; and WHEREAS, the tax incentive provided by chapter 84.14 RCW encourages increased residential opportunities, including affordable housing opportunities, and will stimulate the construction of new multi -family housing within the residential targeted area and will benefit and promote public health, safety, and welfare by encouraging residential development and redevelopment of that area of the City; and WHEREAS, a limited multi -family property tax exemption program in the Southcenter area may assist in allowing workers to live closer to their jobs; and WHEREAS, the City's multi -family property tax incentive regulations were adopted by the Tukwila City Council in Ordinance No. 2462 on December 1, 2014, and amended by the City Council on May 15, 2017 by Ordinance No. 2538 and on December 6, 2021 by Ordinance No. 2665; and WHEREAS, the City Council passed Resolution No. 2075 on July 24, 2023, stating its intent to expand the boundaries of the residential targeted area within the Tukwila Urban Center zone to include all of the Tukwila Urban Center zone and designate the Tukwila Urban Center zone and the Tukwila South Overlay zone as the "Southcenter residential targeted area," for the purposes of establishing a multi -family property tax exemption program per chapter 84.14 RCW; and WHEREAS, on August 14, 2023, the Tukwila City Council, after giving public notice consistent with RCW 84.14.040, held a public hearing to consider adoption of the proposed ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Designation of Residential Targeted Area. The City Council hereby designates the boundaries of the Tukwila Urban Center zone and the Tukwila South Overlay zone, as shown on maps attached hereto and incorporated herein by reference as Exhibit A and as further specified in Tukwila Municipal Code (TMC) Section 3.90.030, as the Southcenter residential targeted area. Section 2. TMC Section 3.90.010 Amended. Ordinance No. 2462 §3, as codified at Tukwila Municipal Code (TMC) Section 3.90.010, "Purpose," is hereby amended to read as follows: CC:\Legislative Development\EstablishingSouthcenterMFTE8-7-23 Derek Speck Review by Andy Youn 16 Page 2of6 3.90.010 Purpose The purposes of this chapter are: 1. To encourage increased residential opportunities, including affordable housing opportunities, and to stimulate the construction of new multi -family housing within a portion of the Tukwila Urban Ccntcr's Transit Oricnted Development district the Southcenter area. 2. To accomplish the planning goals required under the Washington State Growth Management Act, Chapter chapter 36.70A RCW, and the King County Countywide Planning Policies as implemented by the City's Comprehensive Plan. Section 3. TMC Section 3.90.020 Amended. Ordinance No. 2462 §4, as codified at Tukwila Municipal Code (TMC) Section 3.90.020, "Definitions," is hereby amended to read as follows: 3.90.020 Definitions As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings: A. "Administrator" shall mean the Economic Development Administrator of the City of Tukwila or his/her designee. B. "Affordable housing" means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low- or moderate -income households. C. "High cost area" means a county where the third quarter median house price for median house price published during the same time period. DC. "Household" means a single person, family, or unrelated persons living together. ED. "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income, adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. For cities located below 100 percent of the median family income adjusted for family size, for the county where the project is located. FE. "Moderate -income household" means a single person, family, or unrelated persons living together whose adjusted income is more than 80 percent but is at or below 115 percent of the median family income, adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. For cities located in high cost areas, "moderate income household" means CC:\Legislative Development\EstablishingSouthcenterMFTE8-7-23 Derek Speck Review by Andy Youn Page 3 of 6 17 a household that has an income that is more than 100 percent, but at or below 150 project is located. GF. "Multi -family housing" means a building having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multi -family units may result from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings to multi -family housing. #G. "Owner" means the property owner of record. TH. "Owner occupied" means a residential unit that is rented for fewer than 30 days per calendar year. JI. "Permanent residential occupancy" means multi -family housing that is either owner occupied or rented for periods of at least one month. IBJ. "Residential targeted area" means the area within the boundary as designated by TMC Section 3.90.030. LK. "Urban Center" means a compact, identifiable district where urban residents may obtain a variety of products and services. An urban center must contain: 1. Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies; 2. Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and 3. A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office or both uses. Section 4. TMC Section 3.90.030 Amended. Ordinance No. 2462 §5, as codified at Tukwila Municipal Code (TMC) Section 3.90.030, "Residential Targeted Area – Criteria – Designation – Recession," is hereby amended to read as follows: 3.90.030 Residential Targeted Area — Criteria — Designation — Recession A. The boundary boundaries of the residential targeted area are is that portion of the Tukwila Urban Center zone and the Tukwila South Overlay zone,'s Transit Oriented Development district that lies west of the Green River as shown in Figure A Figure 3-1. B. If a part of any legal lot is within the residential targeted area, then the entire lot shall be deemed to lie within such residential targeted area. Section 5. TMC Section 3.90.060 Amended. Ordinance Nos. 2462 §8, 2538 §1, and 2665 §2, as codified at TMC Section 3.90.060, "Application Procedure – Fee," are hereby amended to read as follows: 3.90.060 Application Procedure—Fee A. The owner of property applying for exemption under this chapter shall submit an application to the Administrator, on a form established by the Administrator. The owner CC:\Legislative Development\EstablishingSouthcenterMFTE8-7-23 Derek Speck Review by Andy Youn Page 4 of 6 18 shall verify the contents of the application by oath or affirmation. The application shall contain the following information: 1. A brief written description of the project, including phasing if applicable, that states which units are proposed for the exemption and whether the request is for 8 or 12 years. 2. Preliminary schematic site and floor plans of the multi -family units and the structure(s) in which they are proposed to be located. 3. A table of all units in the project listing unit number, square footage, unit type (studio, one bedroom, etc.), and indicating those proposed for the exemption. 4. If applicable, information describing how the applicant will comply with the affordability requirements in TMC Sections 3.90.040 and 3.90.050. 5. A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this chapter. 6. Any other information deemed necessary or useful by the Administrator. B. At the time of application under this section, the applicant shall pay to the City an initial application fee of $1,000 500 or as otherwise established by ordinance or resolution. If the application is denied, the City may retain that portion of the application fee attributable to its own administrative costs and refund the balance to the applicant. C. The complete application shall be submitted any time before, but no later than, the date the certificate of occupancy is issued under Title 16 of the Tukwila Municipal Code. D. After December 31, 2022, thetThe City will no longer accept applications after December 31, 2028, or if the total number of proposed units in pending and approved applications exceeds 800. Section 6. TMC Section 3.90.070 Amended. Ordinance No. 2462 §9, as codified at TMC Section 3.90.070, "Application Review – Issuance of Conditional Certificate – Denial – Appeal," subparagraph A, is hereby amended to read as follows: 3.90.070 Application Review — Issuance of Conditional Certificate — Denial — Appeal A. The Administrator shall approve or deny an application under this chapter within 90 days of receipt of the complete application. The Administrator shall use the criteria listed in TMC Chapter 3.90 and Chapter 84.14 RCW to review the proposed application. If the application is approved, the owner shall enter into a contract with the City regarding the terms and conditions of the project and eligibility for exemption under this Chapter. The Mayor shall be the authorized signatory to enter into the contract on behalf of the City. Following execution of the contract, the Administrator shall issue a conditional certificate of acceptance of tax exemption. The certificate must contain a statement by the Administrator that the property has complied with the required finding indicated in RCW 84.14.060. The conditional certificate shall expire 18 months from the date of CC:\Legislative Development\EstablishingSouthcenterMFTE8-7-23 Derek Speck Review by Andy Youn Page 5 of 6 19 approval if the applicant has not submitted a complete building permit application (as determined by the City) and shall expire 3 years from the date of approval unless an extension is granted as provided in this chapter. Section 7. Regulations Established. TMC Section 3.90.120 is hereby established to read as follows: 3.90.120 Reporting The Administrator shall maintain a list of all applications and shall notify the City Council if the number of proposed housing units in all pending and approved applications exceeds the limit established in TMC Section 3.90.060.D. Section 8. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Exhibit A: Figure 3-1, "City of Tukwila multi -family property tax exemption residential targeted area — Southcenter Residential Targeted Area." CC:\Legislative Development\EstablishingSouthcenterMFTE8-7-23 Derek Speck Review by Andy Youn Page 6 of 6 20 7"=�111h !I!JIJL ■1111.11.�■'!11 is1I/I1n71 = Irmo I ..r I• UIlf:i:� 1.e1ui..! sumo.' r:lllll. ra.► m• +o.' 4-■: rrl Iuu. 4* ...t r rl ..-- .=' S,r1"Ak1,��p 1; 91n11$-%�I:orn .1: •.Ir ..1. 1111 1I 1,,,11111■ 111: 1' 1: MOP Mk V - t r Boeing Longac re s Industrial Park /7I S 168th SI • Micken eights 72 I =1 S 17719 St Bow Lake Perk N s 178in sr/ St F oS 179thSt S 1131st St )t 4 Nikrif Seatta Christian School Valley Ridge F'r0 Springbrook Greenbelt Chinook Middle Scheel S 1881h St S18 7th 187th PI SeaTac W1,sS Motel 6 Q Britcoe Park S 18419 St L S 186th PI_ S 1881h St I 1rinth St I S 194th St Unbn Pacifc R Parcels Zoning Overlays City Limits TUC Streets TUC Zoning T Pond Regional Center L Transit Oriented Development City of Renton, Bureau of Land Manag ECommercial Corridor INCREI= Workplace 21 22 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 8/14/23 LH 8/21/23 LH ITEM INFORMATION ITEM No. 6.B. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 8/14/23 AGENDA ITEM TITLE Resolution of Honorary Street Designation for Jim Haggerton CATEGORY ® Discussion Mtg Date 8/14/23 Motion Mtn Date Resolution Mtg Date 8/21/23 ❑ Ordinance Mtg Date Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Nire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The draft resolution designates Southcenter Parkway between Tukwila Parkway and Strander Boulevard as "Jim Haggerton Way" in recognition of the former Mayor's contributions to the City of Tukwila. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. DATE: 7/24/23 ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/14/23 8/21/23 MTG. DATE ATTACHMENTS 8/14/23 Informational Memo dated 7/18/23 (updated after 7/24 FIN Committee) Biographical information on former Mayor Haggerton Draft Resolution Minutes from the 7/24/23 Finance & Governance Committee meeting 8/21/23 Final Resolution 23 24 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance & Governance Committee FROM: Laurel Humphrey, Legislative Analyst DATE: July 18, 2023 Updated 8/9/23 SUBJECT: Resolution of Honorary Street Designation for Jim Haggerton ISSUE Honoring former Mayor Jim Haggerton for his contributions toward the City with an honorary street designation. BACKGROUND Former Mayor Jim Haggerton passed away in November 2021. He was recognized by the City Council for his outstanding character as well as the contributions he made in service to his country as a United States Marine and to the City of Tukwila during his long career in public service including as a Planning Commissioner, Councilmember, and Mayor. Last year the Finance and Governance Committee discussed an honorary street naming but set the matter aside until a new policy on naming of city property could be developed and adopted. The City Council adopted Resolution 2052 on October 3, 2022, which outlines criteria and a process for naming, including honorary street designations. The policy outlines the following criteria: Section 4. Criteria for Naming City Property A. The following unranked criteria should be used to guide decision making on naming City property: (1) Geographical location (2) Building or property's purpose (3) Cultural attributes (4) Significant historical events (5) Natural or geological features (6) City identity and image (7) Names of persons who have made an outstanding civic contribution to the community, or whose names are of historic significance to the area (8) Names of City officials who served for a minimum of 10 years and who made outstanding contributions over and above the normal duties required by their positions and had a positive impact on the past and future development of programs, projects or facilities 25 INFORMATIONAL MEMO Page 2 The policy outlines the following process: Section 8. Honorary Street Designations A. Honorary street designations are intended to recognize and honor individuals or groups without changing the official name of the street or the official addresses of residents and businesses on the street. B. Requests for honorary street designations must be accompanied by written rationale for the name and significance of the proposed name to the criteria in Section 4.A. C. If the proposed name complies with this Policy, the City shall provide an open public comment period of 30 days that is advertised broadly including notification to all members of the City's Boards and Commissions. D. The City Council shall review all public comment received in its determination as to whether the public interest is served by the proposed honorary street designation. On June 12, 2023, the Finance & Governance Committee recommended designating Southcenter Parkway between Tukwila Parkway and Strander Boulevard as shown in yellow highlight to the right. Many major development and public projects in the Tukwila Urban Center are directly related to Mayor Haggerton's leadership including the Klickitat interchange, Tukwila South Development Agreement, Tukwila Commuter Rail station, and Southcenter Parkway. Bahama Breeze Gil 11' +i T 0 u, Volta EV charger i Nordstrom 0 I Westfield Southcenter Q Din Tai Fung .lF 11 JOEY Southcenter 0 The Cheesecake Factory CID Target es The City Council's naming policy requires a 30 -day public comment period for honorary street designations. Notice of the public comment period was posted on the city's website, emailed to all current Board and Commission members, and provided to adjacent businesses. As of July 18, 2023, the City has received two comments in favor of the honorary street designation. The comment period closes on July 25, 2023 and all comments will be provided to the Committee of the Whole when considering the resolution. 26 INFORMATIONAL MEMO Page 3 The following comments were received: Steve Miller, resident, wrote: / am very much in support of the Honorary Street Naming for former Mayor Haggerton. 1 was able to meet and speak with former Mayor Haggerton on many occasions. 1 always found him to be considerate, gracious, kind and a terrific resource for all things related to the City of Tukwila. Joe Duffie, resident, left a phone message that he is in support of the naming proposal. RECOMMENDATION Staff is seeking a Committee recommendation on the draft resolution to forward to Committee of the Whole on August 14, 2023. The Finance and Governance Committee discussed the proposal over the course of multiple meetings and agreed that the resolution is in alignment with intent of the naming policy enacted in 2022. Former Mayor Haggerton's long career in public service and contributions to the City of Tukwila are significant and the criteria outlined in Section 4 of the policy has been met. ATTACHMENT Biographical information submitted by Carol Haggerton Draft Resolution 27 28 Jim Haggerton Tukwila Mayor 2008 - 2015 PUBLIC SERVANT to the City of Tukwila, Surrounding Communities, Regionally, State wide, and Nationally for over Sixty years 1959 - 2020, Jim was involved in most all projects taking place during the thirty years he was with the city of Tukwila, either in the Planning process 9 years (1986-1995), on the City Council 13 years (1995-2008), or as Mayor 8 years (2008-2015). To my knowledge he was the first Mayor to ever serve on all three branches of our city government, and the only one to date with the combined number years with the city). He sincerely believed the new motto he helped adopt for Tukwila. "The City of Opportunity, the Community of Choice" He was proud to represent the Citizens of Tukwila, and worked tirelessly to further the goals and visions set before him. He became known as a Leader & Cheerleader for Tukwila and was truly a voice for the people. He took to heart their concerns and represented their votes, never afraid to say No when needed, or fight for what was best for Tukwila, regardless of opposition. BACKGROUND: Jim grew up in Carlsbad, New Mexico, graduated high school with honors in 1953 (having skipped 3rd grade), and actually was a Varsity Cheerleader. Nominated to attend "Boys State" in 1952, he developed an interest in City Government that would last his lifetime. He studied Accounting at the University of New Mexico before enlisting in the United States Marine Corp., and again after completing his tour of duty in 1957. Fresh out of bootcamp, he was selected for a 42 -week course for the first ever graduating class of Radio Relay Technicians/Specialists at the Treasure Island Naval Base in California. Graduates were responsible for the design, installation, connection, operation, and repair of communication networks throughout the entire Marine Air -Ground task force, after the Korean War Armistice. His assignment: Strategic Pacific islands, working solo, in isolated jungle areas. As a result, he gained a new interest in communications that would also last a lifetime. Years later when The National League of Cities "Internet Technology & Communications Committee" was in its infancy, he was elected to the committee, and served for more than 12 years on the Board of Directors and as "Vice Chair" until his retirement in 2015. He and Carol met in 1957 in New Mexico, married in 1958 at the old Riverton Methodist Church in Tukwila and made their home in Washington in the fall of that year. In 1959 (before he had children of his own) he Coached a Little League Baseball Team in the Riverton area, and became a league Umpire as well. This was the beginning of his commitments to our community that never stopped until just before his passing in 2021. Jim managed three different corporations in the City of Tukwila 1959 — 2021: 29 1959-1979 N C Machinery Co. (a multi -million -dollar corporation and one of the largest Caterpillar Tractor Dealerships in the country). They opened their new Seattle Branch in Tukwila in 1965, and Jim retired as Branch Manager in 1979 after 20 years of service. 1982-1986 Speidel International- General Manager/Partner (Structural Drying) — company was sold. 1986 He established his own Tukwila business with his wife Carol 1986-2021 (35 years) Owner/President of HACO Services, Inc. (Structural Drying, Dehumidifiers, Humidifiers, Office & Bookkeeping Services (He retired in 2008 after being elected Mayor, remaining on the Board of Directors until his death in 2021). In the late '60s Jim became active in his community fighting many issues evolving from SeaTac Airport that were affecting citizens, neighborhoods, and schools of surrounding cities. His family was personally being affected by the new runways, increased air traffic, noise and emissions, and eventually were forced to move to the home Carol still occupies. Thus began his efforts to make Sea -Tac accountable for the many issues facing neighborhoods and communities. In 1993 The Airport Communities Coalition was established. Jim served on the Board of Directors and as Treasurer. After his retirement in 2015, he was asked to serve as a citizen on the Technical Advisory Committee for a Study being done on the "Effects of the Operation of the Seattle -Tacoma International Airport" for the Washington State Department of Commerce. A draft was submitted on February 28, 2020. I don't know the results of the study, but Representative Adam Smith introduced recent legislation regarding the airport. The struggle continues! Jim gave more than 50 years to the efforts. 1968 - 2020 June 1965 — He moved into N C Machinery's new facility in Tukwila and joined the Southcenter Chamber of Commerce and Southcenter Rotary International, becoming heavily involved in the business community, and service activities. He was Rotary President 1984-1985. Through Rotary, Jim volunteered at Northwest Harvest (a hunger relief program established in 1967 that is still active today). He spent weekends with his family, picking orchards full of apples, collecting donations, and delivering food baskets to Tukwila families in need. When Tukwila Pantry opened years later, he was there with his support personally, as well as annual food drives through American Legion. As an active member of the Tukwila Southcenter Chamber of Commerce (now Southside) Jim worked with business representatives and community leaders on issues and ideas for our city. The Grand Opening of Southcenter Mall on July 31, 1968 was a major game changer for the City of Tukwila. Mayor Stan Minkler and Governor Dan Evans welcomed the many guests — the Haggerton's among them. As the largest mall in the Pacific Northwest, Southcenter is a definite boom to Tukwila, and Jim regularly reminded his family, and others, to make the most of "Shopping Local"- keeping revenue and sales tax in our own city whenever possible. That was his philosophy, and he lived by it. Forty years later, on July 25, 2008, Mayor Jim Haggerton and Governor Christine Gregoire were guest speakers at the ribbon cutting & dedication of the New South Addition to Southcenter (Westfield) Mall featuring 75 new stores, a 16 -screen new Movie Theater on the third floor, and two parking garages. Fifty -Five years later, It remains the Largest Mall in the Pacific Northwest. 30 EDUCATION AND YOUTH PROGRAMS: From the time his Children attended schools in the South Central/Tukwila School District 1972-1984, he was involved in all phases of their education, and committed to providing Quality education for all students. As a Parent and Supporter, at PTA & School Board Meetings, Student activities, Music Programs, Sports, Booster Club, etc. both at home and away events, you name it, he was there and involved with the many different School Superintendents, Principals, Teachers and School Board Members until his retirement in 2015. He and his family hosted two Foreign Exchange Students through the National Rotary Exchange Program: A young woman from Italy in the fall of 1979 to the fall of 1980 on a 1- year program that included the school year at Foster High, and a young man from Germany in 1981 on a summer exchange program. He was Advisor and Mentor for the local National Junior Achievement Program providing training, materials, and support, to help inspire and prepare young people to succeed in business, from creating a product to marketing. He also shared his business experience at various high school classrooms, in different districts. He was on Foster High School's Business Advisory Committee, and their Career Days for Students. Through American Legion, he was the local Advocate and Representative for both Boys State & Girls State programs at Foster High and Seattle Christian schools—encouraging, and working with students with an interest in learning more about the mechanics of American government and politics. This was especially close to his heart, having attended New Mexico Boy's State himself in 1952. Jim was appointed "Government Representative" to the Tukwila School District "Strategic Planning Advisory Board" by Governor Christine Gregoire. He worked for 10 years on Education Reform, to help plan for growth, give all children access to high quality education, skilled instruction, effective leadership, smaller class sizes (resulting in new schools being built in many areas), and provide funding K-12 to improve early learning, etc. The needs in Tukwila schools helped provide a Roadmap for improvements needed that would benefit all children in the State of Washington. Jim was present on March 29, 2010 when Governor Gregoire signed into law the many Education Reform bills. Through his commitment to youth and children of all ages, his "Open -Door" policy beginning June 2008 included annual visits with Tukwila's Second Grade classes for a tour at City Hall, to learn a bit about government, enjoy a treat, and have lunch with the Mayor. (Included in this binder is a sample of the many thank you cards he received over the years). In January 2010 he was invited to Thorndyke Elementary to read a story to several Third Grade Classes and teach a short lesson on the value of saving money. This activity was sponsored by Jump$tart Literacy Reading, a national coalition of organizations dedicated to improving the financial 31 literacy of pre -K through college age youth by providing advocacy, research, standards, and educational resources. This group strives to prepare youth for lifelong successful financial decision- making. Jim received a 35 -page bound booklet of their handwritten Thank You cards as a token of their appreciation (samples included). He was an avid supporter of the `DARE" Program — taking part in annual graduation programs, congratulating and encouraging students and family members, while making everyone aware of the importance and long-term benefits for all. He took part in annual Tukwila Police Department's fund-raising events (such as Tip -a -Cop etc.) for "SPECIAL OLYMPICS of Washington". Our Police Department has participated for more than 30 years in this program, and are among its top fundraising leaders in our State. 2012 - Jim was excited to take part in the Opening of the Space Shuttle Trainer at the Museum of Flight — another great educational tool. 2013 - He was an advocate for, and dedicated the First Aviation High School in the area (Raisbeck). Located in Tukwila, it is one of the premier STEM schools in the Nation. 2014 - Jim awarded the first two "City of Opportunity Scholarships". 2015 brought another important event to Tukwila with the funding from the Boeing Company & June & Bill Boeing Jr. of $30 Million dollars to help deliver a deeper educational and economic impact for our region and community, with the launching of the Boeing Academy for STEM Learning Program at our Museum of Flight. Our museum is the world's largest educational department across all air and space museums. COMMUNITY: 1968 - 2020 (52 years) He was first involved with community volunteers that became the Airport Communities Coalition in 1993, serving on the Board of Directors and as Treasurer. Many changes took place in Tukwila after the opening of Southcenter Mall in 1968. Local farms were being sold and the valley was becoming more industrialized. As a business leader and citizen, Jim was there with his support, ideas and concerns. There was enough interest and support among them with community leaders such as Louise Strander, that the first National Bank of Tukwila was established on September 26, 1985. Jim was an ambassador, initial investor, and customer. The bank reorganized in 1994, had multiple mergers over the years, including those with Pacific NW Bank, and Interwest Bank . It is now in its third location at 343 Andover Park East, Tukwila, WA where it became Wells Fargo Bank in 2004. 1986 - 2021 Jim became a member of Sea -Tac Guild for Seattle Children's Hospital shortly after his wife Carol was a founding member in 1984. They worked together on annual fund raisers for 36 years to provide funding for the "Uncompensated Care Program" to help ensure that all children received the care they need at Seattle Children's Hospital regardless of their family's ability to pay. Thanks in 32 part to the generosity of friends, community, and many business contacts, their guild has provided hundreds of thousands of dollars to the program. It is now in "Emeritus" status. 1986 -1995 Jim was appointed to the Tukwila Planning Commission and proudly served for the next 9 years helping to make Tukwila what it is today. Throughout his years of business and community involvement with Rotary, the Chamber of Commerce, the School District, Planning Commission, and City Council he has worked with Mayors: Stanley Minkler, Ed Bauch, Frank Todd, Gary VanDusen, Walley Rants, and Steve Mullet. 1968-2007 (39 years). I don't know if he ever worked with John Strander, but Louise Strander Senior was a good friend and supporter. 1987 - 1998 (11 years) The Haggerton's and HACO Services sponsored Tukwila Recreational Co -Ed Softball, and local Women's Champion Slo Pitch teams. Fort Dent was their home field and many of their players were Foster Graduates. February 1, 1997 Dedication of the Tukwila Community Center. Jim became involved when the Center was first envisioned, then as a Planning Commissioner, a City Council member, and again as a Citizen purchasing memorial bricks to help pave the outside entryway. A plaque to the left of the CC main entryway lists major supporters (Council Members-past/present and Mayor Wally Rantz). 2000-2015, Jim was a founding member of Cascade Water Alliance, served on the Board of Directors as Vice Chair or Secretary/Treasurer, and Chaired the Finance & Management Committee. Their goal was to secure safe, clean, reliable water resources for the Alliance members, and have a vote in the use of those resources. Through years of dedication and hard work, renegotiating water contracts with Seattle and Tacoma, Purchasing Lake Tapps from PSE, Historic agreements with the Muckleshoot Indian Tribe and Puyallup Tribe of Indians that provided protection of fish habitat and stream flows in the White River, and agreements with the Lake Tapps Community Council to preserve Lake Tapps as a valuable recreational resource while Cascade develops the water supply. Cascade reached an agreement securing quality, adequate water resources for Tukwila and all Cascade members for today and decades to come, and created a lasting legacy of continuing a governance model of regional collaboration, leadership and effective, efficient water use. Jim considered this to be among his most important accomplishments —to provide WATER for his city for decades to come. He was presented a copy of a book that has been written to capture their journey - "Water... The Story of Cascade Water Alliance" — I have included a few pages in this binder) *Note: Cascade Water Alliance chose Jim to be their "Representative" at both the Washington State Legislature in Olympia, and at the National level in Washington D.C. As a U.S. Marine Corp Veteran, and a Patriot to the core, he was always involved in activities honoring our Military Men and Women: 2003-2021 He became a Lifetime Member of Tukwila American Legion Post 235 and served as Commander 2004-2008, Secretary/Treasurer for 10 years and Historian for multiple years. He participated annually (usually as guest speaker) in Memorial Day and Veteran Day events at the Museum of Flight honoring such veteran groups as the Blacksheep Squadron VMF-214, 33 Doolittle Raiders, the Tuskegee Airmen, American Fighter Aces, etc., and personally welcomed other military groups when they chose Tukwila for their reunions and events. They include the 351st Bomb Group, the Crew from the USS Mauna Kea (AE -22), The USS William Seiverling DE 441 crew, etc. He participated in annual parades, school programs, and many Christmas morning visits to Seattle Veteran's Hospital passing out "Sweats for Vets", phone & gift cards, caroling, and visiting with patients. He was an advocate for Veterans at every opportunity. 2003 - Jim began working directly with Starfire co-founders Steve Beck and Chris Slatt, helping them through the planning process and working with them towards the completion and Grand Opening of the Starfire Sports facility in 2005. The Sounders are the first major sports team in Tukwila, and Starfire sports is considered the premier Soccer, La Crosse, and Field Sports Athletic Campus in the Nation. Over 1 million competitors, spectators, & community guests visit the facility annually. 2005 — 2015 Green, Duwamish, Central Puget Sound Watershed (WRIA 9) Lead Entity Restoration and Conservation Projects- Jim served on the Ecosystem Forum. North Wind's Weir estuary habitat restoration is one of the largest restoration projects on the Duwamish. Codiga Park (Farms) was also a part of restoration projects. There are others along the Green & Duwamish Rivers in Tukwila. 2006 - He put Tukwila on the map Nationally, when as a City Council Member and Vice Chair of the National League of Cities "Internet Technology & Communications Committee" he hosted Mayors and Council Members from cities all over the U.S. The ITC Committee is responsible for developing policy positions and leading NLC's advocacy on issues involving digital equity, broadband access and affordability, net neutrality, cable TV, phone services, spectrum issues, wireless facilities siting, smart cities, and cybersecurity, and the possible re -write of the 1996 Telecommunications Act. GOALS AND PROJECTS WHILE IN OFFICE: Jim kept a log of his goals and projects while in office — the lists are attached to the "Memorandum of Recognition" written to Jim from Mayor Ekberg on November 2, 2021. It is one of the first documents included in this binder. I have expanded on the list, noted a few of the "firsts", and included photo copies or news articles. Jim left nothing in his notes regarding 2015. However, there is a copy of Mayor Ekberg's 2015 Annual report in full, covering Jim's last year in office, and listing some of the major events. Other sections include copies of Awards, Recognitions of Appreciation, Certificates, Pictures of Plaques, Book covers or excerpts, and various photos and memorabilia. I apologize for the poor quality on much of the content, my goal was to highlight as much of his involvement and commitment over the last 60+ years, especially for those of you who may not know him. Not just his 30 years directly with the City of Tukwila, but his commitment to the whole area — our City, our Region, our State, and Nation. 34 **Among the first tributes to Jim, are listings in our National Congressional Records on December 1, 2015 in the House of Representatives by the Honorable Adam Smith, and December 3, 2015 by Senators, Patty Murray & Maria Cantwell honoring & commemorating him for his many years of service to the City of Tukwila, South King County, Washington State and In Washington D.C. Copies are included under Tributes & Certificates in this binder along with other tributes. I encourage you to read this section - it helps outline some of his major accomplishments through his years with the City. There were numerous other awards that had both the City of Tukwila & the Mayors name on them — such as TIB awards, etc. those stayed with the city. Jim's Priorities in 2007 when elected Mayor, were first and foremost to put the city back on Strong Financial Footing, create a business -friendly environment that promotes the tax base to support the city's continuing needs for improvements throughout all neighborhoods, and insure a more vibrant economy; (2) Implement the City's first Biennial Budget (2009-2010) with input from citizens and approved by the City Council; (3) Develop the first long range City Wide Strategic Plan (2012) providing direction for the Mayor, Department Managers, and City Council in order to manage the city by Action rather than Reaction; (4) Move forward Capital Improvement Projects that were previously stalled, to keep from losing federal and state funds associated with those projects; (5) Negotiate a long -sought Development Agreement with Segale Properties with maximum benefits for the city of Tukwila; (6) Restructure internal operations for maximum efficiency. *He was able to do all that and much more during the worst economic downturn of our lifetime - The Great Depression, and still leave the city with an AA rating from Standard and Poor's when he retired. He got three major projects (stalled ones included) off the ground in his first term while saving the City millions of dollars. His suggestions to increase revenues without additional taxes on our city residents and businesses led to the establishment of a Hotel/Motel Lodging Tax (paid for by the end user). The income generated from the room tax pays for the Tourism & Marketing efforts previously financed out of the city's general fund. Known as an Ambassador for Tukwila, Jim promoted its many advantages. He considered Tukwila as the cross roads of all things exciting - location, dining, parks, shopping, sports, etc. Having been at the helm of 3 different Tukwila corporations, Jim knew what an advantage location and services are, plus no B & 0 Tax on Businesses was a great promotional tool he used at every opportunity. In one year alone, Tukwila issued over 300 new Business Licenses and handled a barrage of ribbon cuttings. Even with his "Open Door Policy for ALL", Jim's monthly schedules included visiting local businesses to help keep them engaged with the city, and to present King County Small Business Awards. He knew a strong business climate is the basis for revenue that helps provide for the ongoing needs of our city and residents. 35 He was truly a Man of the People. In the 21 years he served on the Council and as Mayor, he rarely (if ever) missed a "Night Out Against Crime" and the chance to connect with residents, and engage our Police Officers. If he had a spare moment, he could be found in the back of the City Court Room to stay abreast of legal and criminal issues affecting our City; Having lunch at the Community Center with Seniors while listening to their concerns re: quality housing, taxes, etc.; Visiting with our Veterans - to represent them to the fullest with our constituents in D.C.; He made the most of the many community functions, events, and celebrations to engage with our Citizens and Visitors. Jim forever sought opportunities to improve his Leadership skills and knowledge, attending workshops and programs he thought would be beneficial, and joining organizations that could provide support and benefits for his City. Leadership Courses with Certificates: AWC's Advanced Municipal Leadership Program (Certified Leader) FEMA's Integrated Emergency Management Course Public Records Act Training Open Public Meetings Act Training Records Management and Retention Training He participated on the National Municipal Finance Panel to enhance his ability to create and implement positive budgeting and strategic planning. He went through FireOps 101 training in Eastern Washington with our Fire Department. He worked with numerous departments and personnel to form one of the Best Emergency Preparedness Organizations in the State. He was selected 2010 Employee of the year as a member of the City of Tukwila IT Department Team. He was voted 2015 Best Public Official of Tukwila, SeaTac, and Des Moines. Jim's Event Loa & Accomplishments: Many were firsts for our city: January 8, 2008 Tukwila Centennial Celebration Kickoff August 14, 2008 Grand Opening of the Water Spray Park at Tukwila Community Center December 15,2008 Adopted the City's First Biennial Budget (2009-2010) June 10, 2009, after years of failed attempts by others, Jim was successful in negotiating and signing a Development Agreement on "Tukwila South" with Segale Properties (La Pianta LLC). - It was a major accomplishment, and he secured far more for the city than anyone ever thought possible. Major projects include the Southcenter Parkway Extension Project, $500,000 towards the Green River Pedestrian Bridge, donation of land for our new Fire Station #51, a Bike/Pedestrian Trail along the Green River, and so much more. 36 He welcomed the first Rock and Roll Marathon to the Seattle area in Tukwila in June 2009 and again in 2010 and 2011, bringing another source of income to our city and businesses. July 18, 2009 Jim dedicated the First Link Light Rail Seattle to Tukwila with Seattle Mayor Greg Nichols. September 12, 2009 Unearthed Time Capsule at City Hall that was buried in 1978 October 16, 2009 Began installation of HESCO Containers & Sandbags along Green River in response To Howard Hanson Dam issues. 2009 — 2015 He got the SCORE Jail Facility built, which provides better service while saving taxpayers money. Jim initiated the idea after King County refused to house our misdemeanants any longer, and sending them to Yakima was too expensive, he recruited additional cities, implemented the plan and dedicated the facility in 2011- completing the project months before scheduled and way under budget. Jim Served as President and Presiding Officer Note: King County has now contracted with SCORE Jail to house a number of its inmates. June 1, 2010 Signed Contract to construct New Southcenter Parkway 180th to 200th For years Jim advocated for a city newspaper to more fully and timely improve communications, that would better represent the citizens, the businesses, as well as City Hall. The first city newspaper, "The Tukwila Reporter" was printed in July 2010. August 16, 2010 HESCO Installation work completed along the Green River to prevent flooding. Safety being a major priority for Jim, he hired additional Police Officers through Federal Grants in 2010. He began replacing retiring police vehicles with the first, more visible, Black & White Police cars at a lower cost, added the first Police Mobile Incident Command Center Vehicle in 2011. He reopened the "New" Neighborhood Resource Center on TIB in 2012, activated bicycle patrols out of the NRC via a federal grant, then kept the officers on once the grant ran out. September 27, 2010 Signed a lease with Tukwila Historical Heritage Center to occupy old City Hall/Library. Jim attended and contributed to annual fundraisers in multiple ways. October 13, 2010 Dedicated Phase 3 of Tukwila International Blvd. March 28, 2011 Klickitat Interchange Project was Begun, Completed and Opened for Holiday Shopping Season in late October. 2011— IFLY Grand Opening and Ribbon Cutting (I don't have the date of the ground breaking) March 6, 2012 New colorful directional Signage for the City Hall Campus. August 7, 2012 Opened "New" Neighborhood Resource Center on Tukwila International Blvd. 37 October13,2012 Jim welcomed the first Major La Crosse match in the State of Washington at Starfire Sports and dropped the ball to begin the match between the Universities of Denver & Maryland. November 10, 2012 Opening of the Space Shuttle Trainer at the Museum of Flight. December 10, 2012 Tukwila's First Strategic Plan Adopted December 14, 2012 Ribbon Cutting for the New Southcenter Parkway December 21, 2012 Signed the Tukwila Village Development Agreement 2013 — 2014 Internal Reorganization involving, Communications, City Clerk Office, City Attorney Office, Information Technology, Economic Development Office. 2013 — 2015 City Facilities Study in progress May 6, 2013 Began live video broadcast of council meetings. June 2013 Tukwila received a $4.6m grant for the new Pedestrian Bridge over the Green River in their commitment to Transform Southcenter, and is in position for another $2.27m grant. This is actually three Capital improvement projects in one. Jim lobbied extensively for the funding! $500,000 also provided through the Tukwila South Developer's Agreement with La Pianta. August 27, 2013 Motel seizures of crime ridden properties on Tukwila International Boulevard with an amazing collaboration between the Tukwila Police Department, Federal Agents, and many other city departments and personnel arranging food and shelter for displaced occupants. September 30, 2013 South 178th Closed and 184th Constructed — Ribbon cutting November 19, 2013 October 2013 The New City of Tukwila Flag was put in service. March 2014 Tukwila - Fire Department was one of the first communities to offer assistance, and participate in the OSO Landslide Recovery. May 2014 Jim awarded the first two "City of Opportunity Scholarships" June 2014 Launch of Rapid Ride F Line with County & Regional Elected Leaders June 29, 2014 South Park Bridge Ribbon Cutting with County and State Officials. Tukwila partnered with King County & surrounding communities on this award-winning Bascule Bridge so vital to our area (considered a connector to our communities on both shores of the Duwamish). Awards include Best Bridge project in the U.S. for 2015, 2015 Gold Award, Project of the Year, Engineering Achievement, NCSEA 2015 Excellence in Structural Engineering, Outstanding Project, etc. 38 August 2014 Purchased Seized Motels from the Federal Government August 1, 2014 Ground Breaking for Tukwila Village Project (Finally, after more than 19 years!) 1995 - 2015 Jim was active in the envisioning, served on the Highway 99 Action Committee, involved in the renaming of Highway 99 to "Tukwila International Boulevard" to highlight its diversity and its important role in The Tukwila Community, and the TIB Plan - Revitalization and Urban Renewal Final Draft, January 2000. Beginning January 2000 until his retirement on 12/31/2015, he continually pushed to move forward on the TIB Development plan to fulfill the commitment made to our citizens. August 2014 Sound Transit Commuter Rail and Amtrak permanent platforms and parking area Complete. September 2014 Interurban Ave New Construction begins. September 2014 Dedicated the New Transit Center Project on Andover West by the Mall. September 2014 Fire Department options study to Council September 2014 Two New Fire Engines in service. September 3, 2014 Dedicated the New Community Resource Center inside Westfield Southcenter Mall. This has been a major benefit to the mall - reducing crime, and no more shootings. September 25, 2014 Ground Breaking for Washington Place, the first High Rise in Tukwila. A 19 Story Major Hotel and Apartment Complex. Construction began in 2015. This is the tallest building between Seattle and Tacoma, and has a four-story aboveground parking garage. October 18, 2014 Major La Crosse Match at Starfire between USA and Notre Dame University. Mayor was a Guest to begin match. 2014 — 2015 was filled with many closed meetings, mostly off-site, with "the Russell Group," different investors, league representative and Architects for a potential NHL/NBA Sports Arena in Tukwila. Jim left no record of those meetings and no written comments. April 27, 2015 KIRO 7 News broke Re: "Plans for a Sports Arena in Tukwila raising new hope for an NHL hockey team. The City revealed it has been in secret talks for 15 months". June 29, 2015 Tukwila Historical Society 40th Anniversary and Ribbon Cutting for Renovations. July 15, 2015 (Sounders) S2 Inaugural Game at Starfire Sports Center— Mayor & Council Guests 39 August 15, 2015 Okanogan County Wild Fire — Once again, the City of Tukwila was one of the first agencies to provide assistance — staffing leaders for the Emergency Operations Center with an EM Specialist, EM Manager, and Firefighter (Each later transitioned to positions of Operations Section Chief, Deputy Section Chief, Okanogan Interim Emergency Manager, and Situation Unit Leader.) September 30, 2015 — Mulvaney G2 Architects for Tukwila Arena — Open House (The Tukwila Arena was not to be, but our group forced Seattle to finally make a commitment to fund an Arena. We now have an NHL team in our area, just not in Tukwila. 2015 - Duwamish Gardens Construction began — suspended in October 2015 will resume April 2016 Habitat Restoration creating nearly two acres of off -channel habitat for salmon & wildlife, a City Park, viewpoints of the river and a hand -carry boat launch, with interpretive signage and art relating to Native Americans & settlers. Partial funding by State Grants, Various King Co. organizations, and City funding. 2015 — Interurban Avenue South Construction continues from 2014. It is an $11 million Street Improvement Project funded with federal and State grants, development fees, and City Dollars. October 2015 Updated the Comprehensive Plan — a four-year effort including the entire community. Led by the Planning Division Staff, the 20 -year Comprehensive Plan carries out not only land use goals and policies, but also key elements of the City's Strategic Plan 2015 — Tukwila Village new 10,000 -square foot King County Library on TIB at 144th Street, completed the plan review process in 2015. This project features the City's first five -over one type buildings a five -story wood frame over one concrete story. 2015 — Tukwila's Southcenter Subarea Plan was recognized with a Governor's Smart Choice Award for fostering development of a high-density, regionally -oriented mixed-use center including housing. It was called "a very strong and realistic path to achieving status as an urban center" that was "accomplished thoughtfully and with great care and many reality checks, a mark of really good planning." (I don't have any photos of this award, but one can be found in the City of Tukwila 2015 Annual Report on page 20.) 2015 - City of Tukwila Annual Report- Highlights from Mayor Haggerton's last year in office by 2016 Mayor Ekberg. There were too many Ribbon Cuttings to count throughout the years 2008 — 2015! 40 There were too many Ribbon Cuttings to count throughout the years 2008 — 2015! ANNUAL Events: Every Year Jim Interviewed and Taped a Video with COMCAST Newsmakers covering Subjects and Projects of importance to Tukwila. For over 16 years he participated in Veteran's Day and Memorial Day Ceremonies at the Museum of Flight — Guest Speaker at most of these events. For 20 years he met annually with Senators Murray & Cantwell and Representative Adam Smith or Staff members in Washington D.C. American Legion Family Christmas Party with Food, Santa and gifts for Tukwila Children. Tukwila Pantry Food Drive Dare Program Graduations July 4th Activities, Backyard Wildlife Festival, Touch A Truck, etc. Tours and Lunch with Tukwila's Second Grade Classes National Day of Prayer Jim dedicated most of his life to the City and Citizens of Tukwila: Volunteering, or being elected to the many organizations he felt beneficial, helped him stay abreast of opportunities or issues facing our City and Citizens. That meant staying involved regionally, statewide, or nationally. He chose to be a Leader, and was most always on the Board of Directors as Chair, Vice Chair or Treasurer. He gave of his time willingly to ensure Tukwila could make the most of every opportunity, and be well prepared to oppose anything undesirable. He was known as a team player, but could be a staunch advocate, or a fierce adversary depending on what was at stake. Foremost in his mind, was the will of the people and what was best for Tukwila. Organizations & Boards: Airport Communities Coalition — 27 years: Member, Board of Directors, Treasurer & citizen After retiring in 2015, Jim was asked to serve as a Citizen on the "Technical Advisory Committee" for Tukwila for a "Study of the Current and Ongoing Effects of the Operation of Seattle -Tacoma International Airport". *The report was drafted February 28, 2020 for the State Department of Commerce and authorized by ESSB 6032. American Legion —19 years: Life Time Member, Commander 2004 — 2008, Treasurer 10 years, Historian multiple years, Boys State and Girls State Representative to Foster High School, 41 Cascade Water Alliance —16 years: Board of Directors Vice Chair, Secretary Treasurer, Finance & Management Committee Chair, and Cascade's Representative to the Washington State Legislature to grant Cascade eminent domain and Joint municipal utilities services authority, and in Washington D.C. with our congressional delegation. King County Aerospace Alliance — Member King County Medic One/Emergency Medical Service: Steering Committee, and Regional Service Subcommittee: Chairman Museum of Flight —16 + years: (Honorary Lifetime Member) (Dedicated Memorial Days and Most Veteran's Days to Programs honoring our Vets) National League of Cities - Information Technology & Communications Steering Committee: -12 years Board of Directors, Vice Chair (2006 Jim, as a Council member, hosted Mayors & City Council Members from all over the U.S.) They meet four times a year, each in different cities and states. National League of Cities - Cities in Transition Finance Panel. National League of Cities - Policy Committee: Chair. SCORE Jail (South Correctional Entity) — 8 years: Founding Member, Administrative Board, President Presiding Officer (Initiated, recruited participants, implemented & dedicated the project providing better service and saving taxpayers money. Southcenter Chamber of Commerce — Numerous years: Maintained membership through all 3 companies he managed. His suggestions led to the establishment of a Hotel/Motel Lodging Tax paid for by end users. Helped established the National Bank of Tukwila September 26, 1985 Southcenter Rotary International — 20 years: President 1984-1985 Suburban Cities Association —10 Plus years: Board of Directors (Reorganized to SCA in 2014) SCA (Sound Cities Association) 2 years after reorganization: Board of Directors & Member Emeritus State Municipal Research Council - 2/12/2008 — 7/31/2010: Appointed by Governor Gregoire Tukwila Highway 99 Action Committee 1995 — 2000 + Tukwila Planning Commission and Board of Architectural Review - 9 years: 42 Tukwila School District Strategic Planning Advisory Board —10 years: Government Representative for Education Reform for the State of Washington. Signed into Law March 29, 2010, ensuring Quality Education for all Children in the State of Washington. Valley Communications Center (911) 8 years: Administrative Board Washington State Community Based Salmon Recovery Funding Board — Green, Duwamish Central Puget Sound Watershed (WRIA 9) Lead Entity Ecosystem Forum: 2000 — 2015(Maybe longer) As I mentioned in the beginning, I am grateful to Mayor Ekberg for his "Memorandum of Recognition". The mayor personally delivered this to Jim on November 2, 2023, just nine days before his passing. It has been a blessing in helping recap this part of his life for you, our Children and Grandchildren. The photo album Jim received from his Great Staff at his retirement party, and the pictures printed for me by Staff member Derek Speck, are also wonderful treasures for our family. They provided much of the documentation in the binder. Family pictures, files, or news articles are a source for other information. I shared Jim's life for almost 64 years, attended many events with him, was his sounding board and debate partner. I know there is much I have missed, forgotten, or simply didn't know about, but I hope this has given you a glimpse of his dedication, his years of service, his commitments and his impact on the City of Tukwila, our Region, our State and our Nation. I don't believe there is anyone who loved this City more. He never tired of the challenge, and never gave up on his efforts to do his part in helping Tukwila exemplify its motto —"The City of opportunity, The Community of choice." If you have any questions, please feel free to call me. Thank you for your time. Sincerely, Carol Haggerton 43 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING AN HONORARY DESIGNATION OF SOUTHCENTER PARKWAY BETWEEN TUKWILA PARKWAY AND STRANDER BOULEVARD AS "JIM HAGGERTON WAY." WHEREAS, Jim Haggerton served the City of Tukwila as a Planning Commissioner, Councilmember, and Mayor for a combined 30 years; and WHEREAS, with the passing of Jim Haggerton, the City of Tukwila lost a dedicated public servant and a visionary leader who helped shaped Tukwila's future; and WHEREAS, during his tenure as Mayor, Jim Haggerton provided leadership for many major development and public projects in the Tukwila Urban Center; and WHEREAS, the "Policy on the Naming or Renaming of City -Owned Property," as adopted by Resolution No. 2052, provides the criteria and process for honorary designations; and WHEREAS, the City Council finds the proposed name to be in compliance with the naming criteria established in Resolution No. 2052; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Southcenter Parkway between Tukwila Parkway and Strander Boulevard shall have an honorary designation as "Jim Haggerton Way." Section 2. The City Council requests the installation and maintenance of signage at a prominent and appropriate location to permanently reflect the "Jim Haggerton Way" honorary designation. CC:\Legislative Development\Jim Haggerton Way Designation 7-12-23 Laurel Humphrey:ay Review by Andy Youn Page 1 of 2 45 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Office of the City Attorney CC:\Legislative Development\Jim Haggerton Way Designation 7-12-23 Laurel Humphrey:ay Review by Andy Youn 46 Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 City of Tukwila City Council Finance & Governance Committee Meeting Minutes July 24, 2023 - 5:30 p.m. Councilmembers Presen Staff Present: I. BUSINESS AGENDA - Hybrid Meeting; Duwamish Conference Room & MS Teams t: Kate Kruller, Chair; Kathy Hougardy, De'Sean Quinn David Cline, Tony Cullerton, Laurel Humphrey A. Resolution: Honorar Street Namin • Desi • nation for former Ma or Ha • erton Staff presented a resolution that would provide an honorary designation of Southcenter *Parkway from Tukwila Parkway to Strander Boulevard as "Jim Haggerton Way." The 30 -day public comment period will be completed on 7/25/23 in time for the Committee of the Whole discussion. Committee Recommendation Unanimous approval. Forward to August 14, 2023 Committee of the Whole. B. May 2023 General Fund Report Staff presented the report. Committee Recommendation Discussion only. MISCELLANEOUS The meeting adjourned at 6:01 p.m. Committee Chair Approval 47 48 COUNCIL AGENDA SYNOPSIS Imtrals Meeting Date Prepared by Mayor's review Council review 8/14/23 JB 8/21/23 JB ITEM INFORMATION ITEM No. 6.C. STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 8/14/23 AGENDA ITEM TITLE Amendment to Contract with NovoaGlobal CATEGORY ® Discussion Mtg Date 8-14-23 Motion Mtn Date 8-21-23 Resolution Mtg Date ❑ Ordinance Mtg Date Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mk Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Nrre ❑ P&R ® Police ❑ PW SPONSOR'S SUMMARY The Police Department is seeking Council approval to authorize the mayor to sign an amended contract with NOVOAGLOBAL, Inc. to allow for the inclusion of additional automated traffic cameras and an extension of the partnership term. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ LTAC DATE: 7-24-23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONsoR/ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 8-14-23 8-21-23 MTG. DATE ATTACHMENTS 8-14-23 Informational Memorandum dated 7-18-2023 NovoGlobal Proposed Amendment NovoGlobal Original Agreement Minutes from the 7-24-23 Community Services & Safety Committee meeting 49 50 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Chief of Police Eric Dreyer CC: Mayor Allan Ekberg DATE: July 18th, 2023 SUBJECT: Amendment to contract with NOVOAGLOBAL, Inc. regarding automated traffic cameras ISSUE The Police Department is seeking Council approval to authorize the Mayor to sign an amended contract with NOVOAGLOBAL, Inc. to allow for the inclusion of additional automated traffic cameras. BACKGROUND At the December 12th, 2022, Council of the Whole meeting, the Council authorized the addition of automatic traffic safety cameras in public park speed zones. At that time, we understood the contract with NOVOAGLOBAL to be inclusive of being able to add automated cameras without modifying the contract. However, the contract was specific to school zone cameras. Therefore, an amendment to the existing contract and authorization for the mayor to sign the amended contract is required. DISCUSSION The contract amendments include changing the following specific language: • "WHEREAS, the city desires to use Systems to monitor and enforce school zone speed violations in accordance with applicable laws and ordinances" to "WHEREAS, the city desires to use the Systems to monitor and enforce violations in accordance with applicable laws and ordinances." • Updating the term of the agreement to five years from signing with two subsequent auto renewals. (refer to the agreement attached.) • Clarifying language in Exhibit D of the initial agreement: "Pricing for NG Safety Systems relating to fixed speed photo enforcement shall be as follows:" to "Pricing for NG Safety Systems relating to photo enforcement shall be as follows:" (This does not change the pricing.) FINANCIAL IMPACT The Mayor signing the amendment does not create a financial impact different than the cost to run the program and the revenue generated that is already in place, with the exception that the term of the agreement will continue the program beyond the original pilot program. The City has the option at any time to provide a 30 -day notice to NOVOAGLOBAL to discontinue the agreement. RECOMMENDATION Request that the Committee authorize the Mayor to sign the amendment to the agreement with NOVOAGLOBAL, and forward to the Committee of the Whole on August 14th, and then to the Regular Council meeting on August 21St, 2023. {EFM2727195.DOCX;2/13175.000001/ 1 51 INFORMATIONAL MEMO Page 2 ATTACHMENTS Amendment to Agreement with NOVOAGLOBAL Original Agreement with NOVOAGLOBAL {EFM2727195.DOCX;2/13175.000001/ }https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/Info Memo - NOVOAGLOBAL Amendment for Automated cameras.docx 52 FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF TUKWILA AND NOVOAGLOBAL, INC FOR TRAFFIC INFRACTION DETECTION & ENFORCEMENT PROGRAM This FIRST AMENDMENT ("First Amendment") made this (the "Effective Date"), by and between NovoaGlobal, Inc., a Delaware corporation having a place of business at 8018 Sunport Dr, Suite 203, Orlando, FL 32809 ("NG"), and the City of Tukwila, amunicipal corporation of the State of Washington, having an address at 6200 Southcenter Boulevard, Tukwila, WA 98188 (the "City" and together with NG, the "Parties" and each singularly a "Party"). WITNESSETH: WHEREAS, the City and NG entered into a Services Agreement dated September 28, 2020 (the "Initial Agreement"), pursuant to which NG provides the City with cameras and services for the operation of the City's Safety Photo Enforcement Program; WHEREAS, the City and NG mutually desire to amend, modify or alter certain terms and conditions of the Initial Agreement; NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained in this First Amendment, the Parties, intending to be legally bound, agree as follows: 1. The above recitals are true and correct and are incorporated herein. 2. Paragraph "WHEREAS, the City desires to use the Systems to monitor and enforce school zone speed violations in accordance with applicable laws and ordinances" of the Initial Agreement is hereby modified as follows: WHEREAS, the City desires to use the Systems to monitor and enforce violations in accordance with applicable laws and ordinances. 3. Section 3.1 and 3.2 of the Initial Agreement, the following initial sentence hereby modified as follows: 3.1 The effective date of this Agreement shall be the date first written above (the "Effective Date"). The initial term (the "Initial Term") of this Agreement, the License and the Lease shall begin upon the Effective Date, following full execution of the Agreement by the Parties, and shall continue until the fifth (5th) anniversary of the Installation Date (the "Installation Date"). 3.2 The terms of this Agreement shall be automatically extended for two (2) additional terms of five (5) years (each, a "Renewal Term") unless either Party, at least thirty (30) days before the expiration of the five (5) year term of this Agreement then in effect, provides written notice to the other that said Party will not renew or extend this Agreement. All terms and conditions specified herein shall be the same except that the amounts due pursuant to Section 5 hereof shall be adjusted in accordance with the change in the Consumer Price Index — All Urban Consumers — U.S. City Average ("CPI") by multiplying said amounts by the percentage change in the CPI from the beginning of the immediately preceding term to the end of the immediately preceding Term. (Each Renewal 1 53 Term, if any, together with the Initial Term, the "Term"). The "Installation Date" shall be the latest date that a System becomes installed and operational at any of the selected locations described in Sections 1.A or 1.B of Exhibit A. 4. Exhibit D, initial sentence "Pricing for NG Safety Systems relating to fixed speed photo enforcement shall be as follows:" of the Initial Agreement is hereby modified as follows: Pricing for NG Safety Systems relating to photo enforcement shall be as follows: 5. Except as expressly amended or modified by the terms of this First Amendment, all terms of the Initial Agreement shall remain in full force and effect. In the event of a conflict between the terms of this First Amendment and the Initial Agreement, the terms of this First Amendment shall prevail and control. 6. The provisions of the Initial Agreement, as amended by this First Amendment, including the recitals, comprise all of the terms, conditions, agreements, and representations of the parties with respect to the subject matter hereof. 7. This First Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same instrument. 8. Each party represents and warrants that the representative signing this First Amendment on its behalf has all right and authority to bind and commit that party to the terms and conditions of this First Amendment. IN WITNESS WHEREOF, the Parties hereto have set their hands by their duly authorized representatives as of the day and year first above written. City of Tukwila, Washington NovoaGlobal, Inc XXXXXXX XXXXXXX Carlos Lofstedt President and CEO Attest by Approved as to form and legal sufficiency XXXXXXX XXXXXXX XXXXXXX City Attorney 54 20-087 Council Approval 8/17/20 SERVICES AGREEMENT BETWEEN THE CITY OF TUKWILA, WASHINGTON AND NOVOAGLOBAL, INC. FOR TRAFFIC INFRACTION DETECTION & ENFORCEMENT PROGRAM This AGREEMENT (the "Agreement") made this 2"day of September, 2020, by and between NovoaGlobal, Inc. (formerly known as Sensys America, Inc.), a Delaware corporation having a place of business at 8018 Sunport Drive, Suite 203, Orlando, Florida 32809 ("NG"), and the City of Tukwila, a municipal corporation of the State of Washington, having an address at 6200 Southcenter Boulevard, Tukwila, WA 98188 (the "City" and together with NG, the "Parties" and each singularly a "Party"). WITNESSETH: WHEREAS, pursuant to chapter 9.53 of the Tukwila Municipal Code, Automated Traffic Safety Cameras in School Zones, the City may implement an automated photo enforcement program; WHEREAS, NG has the knowledge, possession, and ownership of certain equipment, licenses and processes, referred to collectively as the NG Safety System (the "System(s)"); WHEREAS, the City desires to use the Systems to monitor and enforce school zone speed violations in accordance with applicable laws and ordinances; WHEREAS, the Parties desire to enter into this Agreement, whereby NG will (i) install and assist the City in the administration and operation of the Systems, as described in more detail on ExhibitA to this Agreement at the locations within the City's jurisdiction, and provide to the City the services (the "Services"), all as more fully described on Exhibit A, and (ii) in connection with the Services, license certain software and lease certain equipment to the City. NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: 1. RECITALS AND EXHIBITS. The foregoing recitals are true and correct and are hereby incorporated in haec verba. All exhibits attached to this Agreement contain additional terms of this Agreement and are hereby incorporated in haec verba. 2. SERVICES 2.1. NG agrees to install and provide to the City for the Term, the Systems (the "Equipment") and software (the "Software") to be supplied and installed by NG in accordance with ExhibitA (including the provision of all construction drawings, permit applications and other documents required by applicable law for the l F of a_ Ori i\nt i {KZS2229149.DOCX;1/13175.000001/ } 1 installation and operation of the System(s)). In addition, if and to the extent set forth in Exhibits A, B, C, and D, NG shall also supply to the City: 2.1.1. Infraction preparation processes that assist the City in complying with current applicable City, State, and Federal law; 2.1.2. Training of personnel designated by the City involved with the operation of the Systems and/or the enforcement and disposition of infractions; 2.1.3. Expert witness testimony regarding the operation and functionality of the System; and 2.1.4. Other support services for the System as set forth in Exhibit A. 2.2. If and to the extent the City has or obtains during the Term custody, possession or control over any of the Equipment or Software, the City agrees: 2.2.1. Such Software, if manufactured or licensed by NG, is supplied under the license set forth in Exhibit B (the "License") to which the City agrees; 2.2.2. Such Software, if manufactured by third parties, is supplied under third - party licenses accompanying the Software, which licenses the City acknowledges receiving and to which it hereby agrees; and 2.2.3. Such Equipment is supplied under the lease terms set forth in Exhibit C (the "Lease") to which the City hereby agrees. 2.3. The City understands and agrees that (i) NG may, subject to the prior approval of the City, which approval shall not be unreasonably delayed, conditioned or withheld, subcontract with third parties for the provision or installation of part or parts of the Systems or Services and (ii) installation of the Systems requires the City's cooperation and compliance with NG' s reasonable instructions (including but not limited to City's provision of the personnel, equipment, engineering plans, and other resources as described in ExhibitA or as otherwise reasonably requested by NG) and reasonable access by NG (or such third parties) to City premises and systems and (iii) the City will provide all of the foregoing in Section 2.3(ii) to NG. 2.4. The City understands and agrees that the Systems will be owned by NG (or its designees). The City shall use its best efforts to assist NG to identify any third -party who is responsible for damage to the Systems or any part thereof. 2.5. NG shall coordinate its work with the City's Police and Public Works Departments. 3. TERM 3.1. The effective date of this Agreement shall be the date first written above (the "Effective Date"). The initial term (the "Initial Term") of this Agreement, the {KZS2229149.DOCX;1/13175.000001/ } 56 License and the Lease shall begin upon the Effective Date, following full execution of the Agreement by the Parties, and shall continue until the third (3rd) anniversary of the Installation Date (the "Installation Date"). 3.2. The City shall have the option to extend this Agreement, the License and the Lease for two (2) additional three (3) year terms (each, a "Renewal Term"), on the same terms and conditions specified herein except that the amounts due pursuant to Section 5 hereof shall be adjusted in accordance with the change in the Consumer Price Index — All Urban Consumers — U.S. City Average ("CPI") by multiplying said amounts by the percentage change in the CPI from the beginning of the immediately preceding term to the end of the immediately preceding Term. (Each Renewal Term, if any, together with the Initial Term, the "Term"). The "Installation Date" shall be the latest date that a System becomes installed and operational at any of the originally selected locations described in Sections 1A or 1.B of Exhibit A. 4. TERMINATION AND EXPIRATION 4.1. This Agreement may be terminated by mutual written consent of the Parties. 4.2. This Agreement may be terminated for cause, by either Party if the other Party fails in any material way to perform its obligations under the Agreement or otherwise defaults in the performance of any obligation under this Agreement and such failure or default continues for more than forty-five (45) days after written notice thereof to the defaulting Party. 4.3. NG may terminate this Agreement, without liability, on thirty (30) days advance written notice if NG concludes in its reasonable discretion that (i) potential or actual liability of NG to third parties (other than persons claiming to own Intellectual Property required for the operation of the System) arising out of or in connection with the System makes the program impractical, uneconomical or impossible to continue. 4.4. The City may terminate this Agreement on thirty (30) days advance written notice if the City concludes in its reasonable discretion that (i) potential or actual liability of the City to third parties arising out of or in connection with the System makes the program impractical, uneconomical, legally contested or impossible to continue; and/or (ii) the Systems cannot be installed. 4.5. Upon termination or expiration of this Agreement, either for default or because it has reached the end of its term, the Parties recognize that the City will have to process violations in the "pipeline," and that NG must assist the City in this accord. Accordingly, the Parties shall take the following actions during the wind -down {KZS2229149.DOCX;1/13175.000001/ } period, and shall have the following obligations, which obligations shall survive termination or expiration of the Agreement: 4.5.1. The City shall cease using the Software and Equipment in its possession, custody or control and shall (a) immediately allow NG a reasonable opportunity to remove such Equipment not to exceed sixty (60) days and (b) immediately deliver to NG or irretrievably destroy, or cause to be so delivered or destroyed, any and all copies of such Software in whatever form and any written or other materials relating to such Software in the City's possession, custody or control and within sixty (60) days deliver to NG a certification thereof. 4.5.2. Unless directed by the City not to do so, NG shall continue to process all images taken by the City before termination and provide all services associated with processing in accordance with this Agreement, and shall be entitled to reasonable fees specified in the Agreement as if the Agreement were still in effect. 4.6. Notwithstanding anything to the contrary contained herein, or in the License or the Lease, but except as provided in Section 21, the License and the Lease shall terminate upon the termination or expiration of this Agreement. 5. FEES AND PAYMENT The City agrees to pay NG a monthly fee as follows (the "Monthly Fees"): 5.1. Monthly Fees (pro -rated for any partial month) as described in Exhibit D (Compensation & Pricing) in arrears with respect to each approach at which a System has been installed. Such payment shall commence on the first business day of the month following Commencement of Operations of each System and shall continue on the first business day of each month for the Term or until this Agreement is sooner terminated or such payment is modified in accordance with Section 3.2. For purposes of this Agreement, "Commencement of Operations" shall mean the first full day that the System captures events for processing and issuance of notices of violation. 5.2. The City, being a Municipal Corporation, shall pay sales tax in accordance with WAC 458-20-189. Accordingly, NG shall add sales tax to the invoices provided to the City in compliance with Washington State Law. 5.3. In the event that the United States Postal Service increases applicable First Class Mail and/or Certified Mail postage, NG may invoice the City for the increased postage actually paid by NG in connection with this Agreement. For example, if {KZS2229149.DOCX;1/13175.000001/ } 58 First Class Mail postage were increased by $0.02, and NG mailed 1,000 notices, NG would invoice the City $20.00. 5.4. Payment of all fees and other charges owed pursuant to this Agreement is due as set forth above, and, to the extent invoice is required, within forty-five (45) days after receipt of the invoice. Invoices will be sent to the City at: SafetyCams@TukwilaWa.gov 5.5. Notwithstanding anything in this Agreement to the contrary, if amounts due to NG pursuant to Section 5.1 in any month during the Term plus any amounts due to NG pursuant to this Section 5.5 ("Monthly Photo Enforcement Fees") exceed the revenue generated by operation of the Systems and actually received by the City during that same month ("Monthly Photo Enforcement Revenue") then the City shall pay to NG for such month only the amount of Monthly Photo Enforcement Revenue. In such case, the difference between Monthly Photo Enforcement Fees and Monthly Photo Enforcement Revenue (a "Payment Shortfall") shall be accumulated and added to the Monthly Photo Enforcement Fees for the following month. Payment Shortfalls, if any, shall accumulate from month-to-month until paid in full, provided that under no circumstances shall the City ever be required to make a payment of Monthly Photo Enforcement Fees to NG except from Monthly Photo Enforcement Revenue. At the final expiration of this Agreement (last day of validity of the agreement including any extensions) any accumulated Payment Shortfalls shall be forfeited. 6. RESPONSIBILITIES OF THE CITY 6.1. The City shall provide NG with any "as built" drawings in electronic format that are available at no cost to the City and shall consider for approval NG' s engineering drawings. 6.2. The City shall not levy any fees. However, if municipal ordinance requires the assessment of fees by the City, said assessment shall be limited to permit fees as required by the City's Municipal code. The City does not control fees for Public Utilities or electrical permits for service. Levy of those fees for permits regarding electrical service are outside the scope of this contract. 6.3. The City shall diligently prosecute infractions in court at its own expense. NG shall, at its own expense, participate in any proceeding challenging the use of the System, the validity of the System's results, and/or use of the U.S. Mail to deliver an infraction notice. {KZS2229149.DOCX;1/13175.000001/ } 6.4. The City will cooperate with NG in obtaining electrical connections at the roadside and NG shall pay all costs associated with such connection and shall pay for all power required by the System. 6.5. To allow for proper operation of the System, when known to the City, the City shall provide NG with advance written notice of any modifications proposed to roadways after installation of a System. In the event any such roadway modification requires a material change to the System, the City shall pay the costs reasonably incurred by NG to adapt the affected video monitoring system(s) or fixed speed enforcement unit(s) to make such video monitoring system(s) or fixed speed enforcement unit(s) compatible therewith. Notwithstanding the above, NG makes no guarantee that it will be able to make any such adaptation. In the event that NG is unable to adapt the affected System, then both parties shall be relieved of any further obligations under this Agreement with respect only to the affected System. 6.6. During the Term, except as expressly permitted by this Agreement the City shall not use the System, or allow the System's use by a third party, without the prior written permission of NG. 7. LIMITED WARRANTY AND LIMITATION ON DAMAGES 7.1. NG warrants that the System's functionality will conform in all material respects to the description of the System set forth on Exhibit A. 7.2. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, NG HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES AND SYSTEM, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON -INFRINGEMENT, NON-INTERFERENCE WITH ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE CITY ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN NO OTHER WARRANTIES HAVE BEEN MADE TO MUNICIPALITY BY OR ON BEHALF OF NG OR OTHERWISE FORM THE BASIS FOR THE BARGAIN BETWEEN THE PARTIES. 7.3. The City acknowledges and agrees that: 7.3.1. The Systems may not detect every speeding violation; 7.3.2. Since the System may flag as a violation conduct that is in fact not a violation, the output of the System will require review, analysis and {KZS2229149.DOCX;1/13175.000001/ } 60 approval by personnel appropriately qualified and authorized by the City under applicable law prior to the issuance of any citation; 7.3.3. The System has no control over, and relies on the proper functioning of equipment provided by entities other than NG; 7.3.4. The proper functioning of the System requires the City's full and complete compliance with the Systems' operating instructions, which it hereby agrees to do; and 7.3.5. NG shall not be responsible for the configuration and/or operation of any intersection traffic light systems and NG shall have no liability or obligations with respect thereto. 8. INDEMNIFICATION AND INSURANCE 8.1. NG shall at all times comply with all federal, state and local laws, ordinances and regulations and shall comply with the maintenance procedures and manufacturer's recommendations for operation of the Systems which affect this Agreement and shall defend, indemnify and hold harmless the City against any claims, injuries, damages, losses, or suits including attorney fees, arising from NG's violation of any such laws, ordinances and regulations or any claims arising from NG's performance of this Agreement, including as a result of the negligence, recklessness, or willful misconduct of NG, its officers and directors, agents, attorneys, and employees, but excluding any employees or agents of City. 8.2. NG agrees to indemnify, defend, and hold harmless the City from any and all claims, damages, injuries, losses, or suits including attorney fees, by a third party arising from either (a) a finding that the System infringes any validly issued United States patent or (b) NG's willful misconduct, recklessness, or negligence, provided that such claim of damages, except for injuries and damages caused by the sole negligence of the City, which is not attributable to (i) any act or omission set forth in Section 8.3 or (ii) any third -party software or other third -party products used with, required for use of, or supplied under their own names with or as part of the System. If, as a final result of any litigation of which NG is obligated to indemnify, the use of the System by the City is prevented, in whole or in part, by an injunction, NG's sole obligation to the City as a result of such injunction shall be, at NG's option, either to (i) replace such part as has been enjoined, or (ii) procure a license for NG or the City to use same, or (iii) remove same and terminate this Agreement at no additional cost to the City. 8.3. Should a court of competent jurisdiction deteiniine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily {KZS2229149.DOCX;1 /13175.000001 / } 61 injury to persons or damages to property caused by or resulting from the concurrent negligence of the NG and the City, its officers, officials, employees, and volunteers, the NG' s liability hereunder shall be only to the extent of the NG' s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the NG' s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.4. Notwithstanding anything in this Agreement to the contrary, NG assumes no obligation or liability for any claim of damages (including the payment of reasonable attorneys' fees) by a third party arising from or related to (i) any modification of the System made by the City, (ii) the sole negligence or willful misconduct of the City, (iii) the failure to function properly of any hardware, software or equipment of any kind used by, in or on behalf of the City (other than that supplied by NG), or (iv) the review and analysis of the System data output by the City personnel for infraction preparation. 8.5. The rights of the City to seek indemnification under this Section 8 shall be conditioned upon (i) the City notifying NG promptly upon receipt of the claim or action for which indemnification is sought and (ii) the City's full cooperation with NG in the settlement or defense of such claim or action at no cost to the City. The City agrees not to charge NG for the time of the City's personnel engaged in such cooperation. Such cooperation shall include, but not be limited to, the City providing access for, and permission to, NG for the purpose of the replacement of such part or parts of Systems as NG may deem necessary or desirable. The City may participate in the defense of any indemnified matter through counsel of its own choice and at its own expense provided that NG shall remain in, and responsible for, control of the matter. This Section 8 states the entire liability and obligation and the exclusive remedy of the City with respect to any actions or claims (i) of alleged infringement relating to or arising out of the subject matter of this Agreement or (ii) otherwise the subject of this paragraph. 8.6. NG shall maintain the following minimum scope and limits of insurance: 8.6.1. Comprehensive general liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop- gap, products -completed operations, independent contractors, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an additional insured under NG'S {KZS2229149.DOCX;1/13175.000001/ } 62 8 Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26.Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington; and 8.6.2. Comprehensive Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by NG with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 8.6.3. Commercial Umbrella covering General Liability, Auto Liability and Employers Liability providing an additional coverage of $1,000,000. 8.6.4. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. 8.6.5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 8.6.6. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. 8.6.7. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 8.6.8. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract {KZS2229149.DOCX;1/13175.000001/ } or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 8.7. The City shall be named as additional insured on the comprehensive general liability policies provided by NG under this Agreement. NG shall require any subcontractors doing work under this Agreement to provide and maintain the same insurance, which insurance shall also name the City and its officers, employees, and authorized volunteers as additional insured. 8.8. Certificates showing NG is carrying the above described insurance, and evidencing the additional insured status specified above, shall be furnished to the City within thirty (30) calendar days after the date on which this Agreement is made. Such certificates shall show that the City shall be notified of all cancellations of such insurance policies. NG shall forthwith obtain substitute insurance in the event of a cancellation. 8.9. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of Washington and shall name as additional insured the City. NG will furnish the City with Certificates of Insurance and applicable endorsements for all such policies promptly upon receipt of them. NG may effect for its own account insurance not required under this Agreement. 9. CHANGE ORDERS OR ADDITIONAL SERVICES. Changes to Services and additional Systems may be added to this Agreement by mutual consent of the Parties in writing as an addendum to this Agreement. The City and NG agree that should legislation or local ordinance be enacted to enable new photo enforcement solutions within the City's jurisdiction, the City shall have the option to negotiate services and fees and issue a change order to cover such services. 9.1. The City will appoint a project manager, which shall be an administrative ranked City Police Officer who will have oversight of the installation and implementation of the NG systems. The project manager has the authority to make daily operational management decisions. Only the Mayor or his/her designee has the authority to authorize additional systems exceeding the original agreement, change orders, request additional services, and extensions. 10. CONFIDENTIAL AND PROPRIETARY INFORMATION; PUBLIC RECORDS LAW COMPLIANCE. {KZS2229149.DOCX;1/13175.000001/ } 64 10 10.1. The Parties agree that they shall comply with the public records disclosure provisions of the Revised Code of Washington, Chapter 42.56, Public Records Act and RCW 46.63.170(1)(g). 10.2. NG agrees that: 10.2.1. All information obtained by NG through operation of the Systems shall be made available to the City at any time during the Tukwila Municipal Court's normal business hours which are 08:30am to 5:OOpm pacific time, excluding Proprietary Information not reasonably necessary for the prosecution of citations or fulfillment of the City's obligations under this Agreement. 10.2.2. It shall not use any information acquired from the performance of the Services contemplated in this Agreement, including without limitation, information with respect to any violations, violators, information obtained from recorded images or information concerning the City's law enforcement activities for any purpose other than for the benefit of the City. 10.2.3. No information given by NG to the City will be of a confidential nature, unless specifically designated in writing as "Proprietary Information" and expressly exempt from public records disclosures required by the Revised Code of Washington, Chapter 42.56, Public Records Act. 10.2.4. As used in this Agreement, the term "Proprietary Information" shall mean all trade secrets or confidential or proprietary information designated as such by NG, whether letter or by the use of an appropriate proprietary stamp or legend, prior to or at the time any such trade secret or confidential or proprietary information is disclosed by NG to the City. In addition, the term "Proprietary Information" shall be deemed to include: (a) any notes, analyses, compilations, studies, interpretations, memoranda or other documents prepared by the Recipient which contain, reflect or are based upon, in whole or in part, any Proprietary Information furnished to the Recipient. 10.2.5. The City shall use the Proprietary Information only for the purpose of fulfilling its duties hereunder (the "Purpose") and such Proprietary Information shall not be used for any other purpose without the prior written consent of NG. "Purpose" shall be deemed to not include any disclosure of the Proprietary Information to any person or entity. The City shall hold in confidence, and shall not disclose to any person or entity, any Proprietary Information nor exploit such Proprietary Information for its own benefit or the benefit of another without the prior written consent of NG. {KZS2229149.DOCX;1/13175.000001/ 11 10.2.6. Notwithstanding anything contained in this Agreement to the contrary, this Agreement shall not prohibit the City from disclosing Proprietary Information to the extent required in order for the City to comply with applicable laws and regulations, provided that the City provides prior written notice of such required disclosure to NG. 11. INDEPENDENT CONTRACTOR; NO AGENCY. 11.1. It is understood that NG is an independent contractor and not an agent or employee of the City for any purpose including, but not limited to, federal tax and other state and federal law purposes. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. NG specifically assumes responsibility for payment of all federal, state and local taxes imposed or required of NG under unemployment insurance, Social Security and income tax laws for the duration of this contract. NG shall be solely responsible for any worker's compensation insurance required by law and shall provide the City with proof of insurance upon demand. The parties agree that the City shall not: 11.1.1. Pay dues, licenses or membership fees for NG; 11.1.2. Require attendance by NG, except as otherwise specified herein; 11.1.3. Control the method, manner or means of performing Services under this Agreement, except as otherwise specified herein; or 11.1.4. Restrict or prevent NG from working for any other Party. 11.2. Neither Party has the right or the power to enter into any contract or commitment on behalf of the other Party, including entering into agreements with third parties, exercising incidents of ownership with respect to property owned by the Party or executing contracts binding upon the other Party. 12. NOTICES. 12.1. Any notices or demands which, under the terms of this Agreement or under any statute, must or may be given or made by NG or the City shall be in writing and shall be given or made by personal service, first class mail, FedEx, or by certified or registered mail to the Parties at the following addresses: {KZS2229149.DOCX;1/13175.000001/ } 12 66 Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Notices to NG shall be sent to the following address: NovoaGlobal, Inc. 8018 Sunport Drive Suite 203 Orlando, FL 32809 12.2. Except as otherwise specified, all notices, payments and reports hereunder shall be deemed given and in effect as of the date of mailing or transmission, as the case may be, when sent by next day delivery or courier service, postage pre -paid, or three (3) days after the date of mailing when sent by first class mail, postage pre- paid, addressed in all such cases to the Parties as set forth in section 12.1, above, in each case to the President of NG or the Mayor of the City. 13. ASSIGNMENT. Except as specifically provided in this Agreement, neither Party may assign, or delegate performance of its obligations under, this Agreement, without prior express written consent of the other Party, except that NG may assign or otherwise encumber this Agreement, the License and the Lease for the purpose of obtaining financing; provided, however, that this Agreement may be assigned to any Person that acquires all or substantially all of NG' assets in one transaction. 14. AMENDMENT AND MODIFICATION. This Agreement may be modified or amended from time to time by the Parties, provided, however, that no modification or amendment hereto shall be effective unless it is stated in writing, specifically refers to this Agreement and is executed on behalf of both Parties. 15. NON WAIVER. The failure of either Party to require performance of any provision of this Agreement shall not affect the right to subsequently require the performance of such provision or any other provision of this Agreement. The waiver of either Party of a breach of any provision shall not be taken or held to be a waiver of any subsequent breach of that provision or any subsequent breach of any other provision of this Agreement. 16. FORCE MAJEURE. Neither Party shall be liable to the other for failure or delay in meeting any obligations hereunder which arises in whole or in part from causes which are unforeseen by, or beyond the control of, such Party, including without limitation, acts of God or of a public enemy, acts of terrorism, acts of the Government (other than the City in the case of the City) in either its sovereign or contractual capacity, fires, floods, epidemics, {KZS2229149.DOCX;1/13175.000001/ } quarantine restrictions, strikes, freight embargoes, acts or omissions of (i) non - subcontractor third -parties and (ii) third party equipment, telecommunications and software suppliers, and unusually severe weather. When any such circumstance(s) exist, NG shall have the right, in its sole discretion, to allocate its available production, deliveries, services, supplies and other resources among any and all buyers (whether or not including the City), as well as among departments and affiliates of NG, without any liability to the City. 17. DISPUTE RESOLUTION AND REMEDIES. 17.1. All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good -faith negotiation between the City's appointed Project Manager and the President of NG, followed, if necessary, within thirty (30) calendar days, by professionally -assisted mediation. Any mediator so designated must be acceptable to each party and must be a certified mediator in the State of Washington. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. 17.2. Failing resolution through negotiation or mediation, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the "Disputes"), will be subject to and resolved by binding arbitration pursuant to the Commercial Arbitration Rules of American Arbitration Association. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction within the federal judicial district which includes the residence of the Party against whom such award or order was entered. The prevailing Party in any arbitration shall be entitled to reasonable attorney fees and costs. 18. GOVERNING LAW; JURISDICTION; VENUE. The parties agree that this Agreement is consummated, entered into, and delivered in King County, Washington. Notwithstanding {KZS2229149. DOCX;1 /13175.000001 / } 68 14 4��j conflicts of laws provisions, this Agreement has been and is to be governed by, construed, interpreted and enforced in accordance with the laws of the State of Washington. In the event that any litigation is commenced by either parry to enforce this Agreement, the action will be filed and litigated, if necessary, solely and exclusively in a court of competent jurisdiction located in King County, Washington. The parties waive any and all rights to have this action brought in any place other than King County, Washington, under applicable venue laws. The Parties hereby irrevocably waive any and all rights to have this action brought in any place other those stated herein. The Parties hereby irrevocably waive any claim that any such action has been brought in an inconvenient forum. 19. ATTORNEY'S FEES AND COSTS. In the event arbitration is commenced to enforce this Agreement, costs of said suit including reasonable attorney's fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing Party by the other Party. 20. DISCRIMINATION PROHIBITED. NG, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 21. GENERAL AND MISCELLANEOUS. 21.1. Time shall be of the essence of this Agreement. 21.2. In this Agreement, wherefore the singular and masculine are used, they shall be construed as if the plural or the feminine or the neuter had been used, where the context or the party or parties so requires, and the rest of the sentence shall be construed as if the grammatical and the terminological changes thereby rendered necessary had been made. 21.3. Paragraph headings are provided as an organizational convenience and are not meant to be construed as material provisions of this Agreement. 21.4. Preparation of this Agreement has been a joint effort of the Parties and the resulting document shall not, solely as a member of judicial construction, be construed more severely against one of the parties than the other. 21.5. This Agreement may be executed in counterparts, each constituting a duplicate original, but such counterparts shall constitute one and the same Agreement. {KZS2229149.DOCX;1 /13175.000001 / } 15 21.6. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement from and after the Effective Date. 21.7. Each Party to this Agreement agrees to do, execute, acknowledge, and deliver or cause to be done, executed, acknowledged and delivered, all such further acts, and assurances in a manner and to the degree allowed by law, as shall be reasonably requested by the other party in order to carry out the intent of and give effect to this Agreement. Without in any manner limiting the specific rights and obligations set forth in this Agreement or illegally limiting or infringing upon the governmental authority of the City, the Parties declare their intention to cooperate with each other in effecting the purposes of this Agreement, and to coordinate the performance of their respective obligations under the terms of this Agreement. 21.8. Except as set forth in this Agreement and the Exhibits hereto, no representation, statement, understanding or agreement, whether written or oral, has been made and there has been no reliance on anything done, said or any assumption in law or fact with respect to this Agreement for the duration, termination or renewal of this Agreement other than as expressly set forth in this Agreement and there has been no reliance upon anything so done or said that in any way tends to change or modify the terms or subject matter of this Agreement or to prevent this Agreement from becoming effective. 21.9. This Agreement supersedes any agreements and understandings, whether written or oral, entered into by the Parties hereto prior to the Effective Date of this Agreement. 22. SURVIVABILITY. Termination or expiration of this Agreement shall not relieve either Party of their respective obligations, which are expressly noted to survive termination or expiration or under the following sections which shall survive termination and expiration: Sections 4.5, 5, 7.2, 7.3, 8, 10, 17, 18, 19, 20, and this Section 21. Sections 4, 7 and 8 (but only to the extent Section 8 corresponds to Sections of the Agreement which survive) of the License and Sections 3, 4, 5, 6, 7 and 8 (but only to the extent Section 8 corresponds to Sections of the Agreement which survive) of the Lease shall survive any expiration or termination of this Agreement, the License or the Lease. 23. SEVERABILITY. If any covenant or provision of this Agreement is, or is determined to be, invalid, illegal or unenforceable by a court of competent jurisdiction, then such covenant or provision will be ineffective only to the extent of such prohibition or invalidity. All remaining covenants and provisions of this Agreement shall nevertheless remain in full force and effect, and no covenant or provision of this Agreement shall be deemed to be dependent upon any covenant or provision so determined to be invalid, illegal or {KZS2229149.DOCX;1/13175.000001/ } 70 16�� unenforceable unless otherwise expressly provided for herein. The invalidity of any provision of this Agreement or any covenant herein contained on the part of any party shall not affect the validity of any other provision or covenant hereof or herein contained which shall remain in full force and effect. 24. Each party acknowledges that it has read this Agreement and understands the terms and conditions herein. Further, the Parties have caused this Agreement to be executed on its behalf by the authorized officer whose signature appears below under its name, to be effective as of the date written above. IN WITNESS WHEREOF, the Parties hereto have set their hands by their duly authorized representatives as of the day and year first above written. NovoaGlobal, Inc. Carlos Lofstedt President and CEO City of Tukwila, Washington Allan Ekberg "Ia"1941 Mayor APPROVED AS TO FORM Office of the City Attorney {KZS2229149.DOCX;1/13175.000001/ l 17 47 '� EXHIBIT A SERVICES NG shall provide the City with the Systems. In connection with furnishing the Systems, NG shall provide the following to the City, each of which is more fully described below: 1. SITE INSTALLATION PLANNING; DESIGN AND EQUIPMENT INSTALLATION 2. TRAINING AND SUPPORT 3. CITATION PREPARATION AND PROCESSING SERVICES 4. MAINTENANCE 5. PUBLIC EDUCATION CAMPAIGN 6. EXPERT WITNESS TESTIMONY AND COURT TRAINING 7. REPORTING 1. SITE INSTALLATION PLANNING, DESIGN AND EQUIPMENT INSTALLATION 1.1. The Systems. 1.1.1. NG will initially install two (2) Systems (which shall remain property of NG), monitoring such locations as the City and NG shall mutually agree. Up to fifty (50) additional Systems may be added at the option of the City with NG's consent. None of the quantities mentioned under this paragraph shall be interpreted as mandatory quantities. The actual quantities to be installed can only be approved by the City. The installation of any system will require the written approval of the Mayor or his/her designee. Each System shall comprise of equipment capable of monitoring violations at a single approach to a school zone for up to five lanes of traffic. NG will install new Systems upon mutual agreement of the Parties. School zone fixed speed enforcement systems will conduct enforcement while beacon systems are in an activated state within the identified school zone. NG will ensure school zone fixed speed enforcement systems are integrated with City's school zone flashing beacons, if present. 1.1.2. Automated traffic safety cameras shall only take pictures of the vehicle and vehicle license plate. The image must not display the face of the driver or of passengers in accordance with RCW 46.63.170(1)(d). 1.1.3. The Systems shall include all equipment located on each roadway or in the right of way, telecommunications equipment, and Software and shall have the capability of transferring images from the roadside in accordance with RCW 46.63.170 to be accessed at the City's Police Department processing facility. {KZS2229149.DOCX;1/13175.000001/ } 72 18 1.1.4. Substitution, Relocation, or Addition of a Site. If NG or the City reasonably determines that one or more sites selected for installation of a System is not for any reason appropriate for the System (and such determination is made at least fifteen (15) days prior to the commencement of installation of the System at any such location), then alternate location(s) may be substituted by written consent of the Parties. If the average monthly violation collected from any individual system does not meet the level required for the individual system to be cost neutral for a period of twelve (12) consecutive months, the City shall have the right to request relocation of the system to a more effective location. This request must be in writing and before twenty four (24) months of the expiration of the contract or any of its extensions. In response to said request, NG shall have the option to comply with the request, reduce the fee temporarily, or permanently reduce the fee to a level equal to the violation (revenue) collected from that individual system. 1.1.5. Timeframe for Installation of the System. NG shall install and activate the Systems in accordance with an installation timeline to be mutually agreed to by NG and the City, which installation shall conclude within sixty (60) days after all necessary permits and approvals are received by NG. NG shall endeavor to install the System in accordance with the schedule set forth in the Implementation Plan. The City agrees that the estimated dates of installation and activation of the System set forth in the Implementation Plan are subject to delay based on conditions beyond the control of NG and are not guaranteed. 1.1.6. Installation/Ownership of the System. NG shall procure, install and provide support of installed equipment at each of the agreed upon locations. As between NG and the City, all components for the System will remain the property of NG. 1.2. Installation 1.2.1. NG shall submit plans and specifications to the City for review and approval. 1.2.2. All cameras and other equipment shall be enclosed in lockable, weather and vandal -resistant housing. All wiring shall be internal to equipment (not exposed) and if commercially reasonable and if capacity exists, underground in existing conduits, except where required to directly interface with existing electrical service. Separate conduits or other methods, as approved by the City or electrical service provider, may be used by NG if existing conduit(s) are at capacity. {KZS2229149.DOCX;1/13175.000001/ } 1.2.3. NG will not enter City's traffic signal control boxes without permission and/or authorization of the City's Public Works Department. 1.2.4. The provision, installation, and maintenance of all necessary electronic system communication equipment will be the sole responsibility of NG. 1.2.5. The System may be mounted on or utilize support of existing traffic signal poles, arms or other City -owned structures where possible, subject to City review and approval. 1.2.6. The System poles, foundations, signs, and new infrastructure, as required, shall conform to applicable law. 1.3. Restoration of Roadways and/or Right of Way. Upon termination or expiration of the Agreement, NG shall remove the System and restore the affected public facilities including returning the roadway and/or right of way to their original condition; provided, however, that NG shall not be required to remove any conduit, in -ground fixture, underground wiring or other infrastructure that will require excavation or demolition. All costs incurred by NG thereby will be the responsibility of NG. 1.4. Compliance with Law. NG shall design and install the System in compliance with all currently existing federal, state and local laws and regulations. NG covenants and agrees that its Systems shall, at all times, comply with all applicable laws, regulations, rules and orders ("Legal Requirements"). NG shall continuously monitor the status of such Legal Requirements to ensure continuous compliance. In the event of any change in the Legal Requirements, NG shall modify or replace (at its sole cost) all or any portion of its non-compliant Systems. Any such modification shall be effected by NG in a reasonable period of time (not to exceed ninety (90) days for modification or one hundred eighty (180) days for complete system replacement) and NG' s failure to effect such modification or replacement in a timely manner shall be grounds for the City to terminate this Agreement for cause. Any such termination shall not relieve NG of its obligation to restore each site to its original condition. 2. TRAINING OF CITY PERSONNEL. After System installation, NG shall provide up to eight (8) hours of training for up to ten (10) persons at two (2) sessions at the City's facilities to acquaint City personnel with System operation. Training shall consist of instructional and operational training as well as hands-on equipment exercises with an instructor. All necessary training materials and documentation will be provided by NG at NG' s expense. NG shall make all such training services available to the City prior to the end of the thirty (30) day period following the Installation Date. If the City requests additional courses or training, NG shall provide these on a cost reimbursement basis. {KZS2229149.DOCX;1/13175.000001/ 74 20 Additionally, NG will provide and maintain a web -based training service that includes basic operation instructions as well any system or procedure changes to ensure continuity for court personnel and law enforcement end users. 3. INFRACTION PREPARATION AND PROCESSING SERVICES 3.1. Infraction Preparation and Processing. NG shall (1) perform the initial review of all data generated at the roadside, (2) process and format violations utilizing a computerized traffic infraction program that shall store all information required for infraction processing required by state law, local law, and in accordance with court of jurisdiction's specifications, and (3) transfer the infractions to the Police Department's computer for review and decision on whether or not to issue an infraction. If NG is permitted by applicable law or regulation to do so, NG shall also review all Washington State Department of Licensing information and print and mail infraction forms. NG shall pay all mailing and postage costs, and such other miscellaneous costs and expenses as may be reasonably necessary to issue an infraction and deliver it by U.S. mail. To the extent required by applicable law, NG shall obtain a certification of mailing issued by the U.S. Post Office. Notwithstanding anything to the contrary in the foregoing provisions of this Section 3.1, NG will shall not process nor support any infractions not captured by the System and/or approved by the City. 3.2. Officer Discretion. NG recognizes and agrees that the decision to issue or dismiss an infraction shall be the sole and exclusive decision of a sworn officer of the City's Police Department. In no event shall any NG employee or representative have the ability to authorize or dismiss any infractions. 3.3. Mailing of Infractions. Infractions shall be mailed to the violator as soon as is reasonably practicable, and in no event longer than ten (10) business days after being approved by the City and NG has been notified of such approval. The form of infraction shall be subject to the approval of the City. 3.4. Cooperation With Police and the Courts. NG shall be responsible for, and pay for, the cost of issuing and the mailing infractions in accordance with applicable law. NG shall coordinate with the City and the courts and shall comply with the applicable law and court procedures regarding the mailing and other requirements necessary for the issuance and processing of traffic infractions. All infractions shall be reviewed and approved by the City's Police Department prior to mailing. In addition, NG will cooperate with the courts to set up the necessary communications systems for processing. It is agreed that the Tukwila Municipal Court will be solely responsible for processing delinquent notices. {KZS2229149.DOCX;1/13175.000001/ } 21 3.5. With respect to each violation authorized by the City, within five (5) business days after NG' s receipt of such authorization, NG shall file with the Tukwila Municipal Court, a copy (electronic or otherwise) of the infraction. NG acknowledges that Washington State law requires all infractions be filed within five days of issuance (i.e., date signed by Police Officer) or the infraction is subject to dismissal under court rule. Filing of infractions within five days of issuance shall be considered a material provision of this Agreement. This paragraph only applies in case that the City choses to use JIS. If the City elects to use NG's Back Office, then no filing would be required. 3.6. Rental car and business vehicles. NG will coordinate with the City and Courts to establish an acceptable procedure to streamline and coordinate the processing, notification, and accountability of rental car violation and corporate vehicle violations. 3.7. Preparation of Evidence Packages. NG shall provide electronic copies of evidence packages in such form as may be reasonably agreed upon with the courts to enable the City to enforce its infractions in court. 3.8. Access to License Information. NG shall maintain the ability to access the license information and the registered owner residence address for all U.S. registered vehicles, and the per -request fee for information, if any, shall be paid by NG. If possible, NG will identify rental vehicle and corporate vehicle violations to migrate and merge original infraction with rental and business nomination for appropriate processing needs. If NG is unable to access such information, NG shall provide the make and license plate number of each violator to the City, which will obtain and input the information into the System, or provide such information to NG within a reasonable period of time. 3.9. Numbering System. NG, in coordination with the City, shall develop and implement an independent numbering system for automated safety camera speeding infractions. This numbering system should be at least 9 digits and start with the two letters SC (denoting Safety Camera). The final 7 digits should be numeric. 3.10. Transmission of Information. NG shall make all infraction information available to the City via an electronic file using comma separated value files on a secure FTP site. NG shall maintain a documented chain of custody for all electronically transmitted information while the information is under NG' s control. 4. MAINTENANCE 76 {KZS2229149.DOCX;1/13175.000001/ } 22 4.1. Maintenance of System. Except as provided herein, NG shall Maintain the System (as such term is defined below); provided however, that NG shall not be responsible for any maintenance, repair or replacement required as a result of (i) the negligence or intentional act of the City, its employees, agents or independent contractors (other than NG) and/or (ii) any equipment or software not provided by NG. NG shall maintain a maintenance log that documents all service issues. To "Maintain the System" shall mean to keep the System in a state of operation such that the System's functionality and operation conforms in all material respects to the description of the System set forth in this Exhibit. All problems shall be documented, and repairs commenced within seventy-two (72) business hours after the time NG receives notice thereof. NG shall also install all software revisions for Systems as and when developed and made commercially available by NG. NG is responsible to ensure systems are operational. NG will repair and upgrade as needed, including any vandalized equipment, and maintain a reasonably clean appearance and in a graffiti -free condition. Graffiti shall be removed within 7 days of notice to NG. 4.2. Equipment Checks. When possible, NG shall perform remote camera and equipment checks to confirm proper operation of computers, cameras and communications network. In -field camera equipment inspection will be done as needed or when remote camera and equipment checks are not possible. The System shall have the capability of on-line monitoring of all cameras in each school zone. 4.3. NG will conduct routine testing, evaluation, and monitor the system to ensure the system is operational. If a deficiency, malfunction, or failure of the system is detected, NG will notify the City's Police Department within 72 hours by written or electronic notification. If the system cannot be restored or repaired to full functional capability within 7 consecutive calendar days, NG will reduce the fee to reflect the time the system is deficient, malfunctioning, or failing. The fee reduction shall be applied to the affected billing cycle and continue until the system is restored to full operation. This reduction shall be identified on the billing statement to the City's Police Department. 5. PUBLIC EDUCATION CAMPAIGN 5.1. Public Awareness Program. NG shall assist the City with a Public Awareness Program. Such assistance shall consist of: 5.1.1. Paying for and installing all signage required by State law and local ordinance or as otherwise required by resolution of the City's Council; 5.1.2. Reasonable assistance for a media event to launch the community education program; {KZS2229149.DOCX;1/13175.000001/ } 23 f-07 5.1.3. Preparing, publishing, and printing brochures in as many languages as possible, but at least in English and Spanish; 5.1.4. A reasonable amount of training for City staff; and 5.1.5. Providing a multi-lingual (including English and Spanish) toll-free customer service hotline which shall be staffed sufficiently during all regular business hours. 6. EXPERT WITNESS TESTIMONY AND COURT TRAINING 6.1. Expert Witness Testimony. NG shall provide expert witness testimony at its sole expense, as necessary, to testify regarding the accuracy and technical operation of the System as necessary for court challenges to the operation of the System. 6.2. Court Training. NG shall conduct a one -day workshop -orientation session for Municipal Court judges (and/or their designees), hearing officers, other appropriate court officials and the City prosecutor. NG will provide and maintain a web -based training service to the City that includes information regarding basic operation and any system or procedure changes to ensure continuity for court staff end users. 7. REPORTING 7.1. Bi -Monthly Report. NG shall submit to the City a Bi -Monthly Report on project results within fifteen (15) days after the end of two-week period and provide web access to such reports. 7.2. Monthly Report. NG shall submit to the City's Public Works Department a monthly Report on statistical information regarding traffic volumes, average speed, and traffic congestion within thirty (30) days after the end of calendar month. Web access to such reports shall also be provided to City's Public Works Department. 7.3. Annual Report. NG shall submit an annual report of the number of citations issued for each camera system and any other relevant information about the automated traffic safety cameras the City deems appropriate for the City's web page. 7.4. Additional Reports or Information. Any other reports and information are not part of the Agreement and the preparation and delivery of any other such reports or information may result in additional fees. 7.5. Database. NG shall maintain a database with the following information per violation: 7.5.1. Location, date and time; {KZS2229149.DOCX;1/13175.000001/ } 78 24 G" 7.5.2. Speed of vehicle; 7.5.3. Vehicle description including license plate state and number; 7.5.4. Applicable vehicle code section violated (if available to NG); 7.5.5. Citation prepared or reason for not preparing citation (if available to NG); 7.5.6. Registered vehicle owner's name and address, and related information required to prepare citations where violation is made by a driver other than registered owner (if available to NG) (i.e., Affidavit of Non -Liability); and 7.5.7. Status of infraction (outstanding, cancelled, reissued, paid, bail forfeited, traffic school, warrants issued, etc.) (if available to NG). 7.6. NG shall maintain, at its sole expense, all records, including, but not limited to all video recordings, which it generates or receives as a result of the performance of services pursuant to the Agreement for the period of time required by, and otherwise in accordance with, the Revised Code of Washington, Chapter 42.56, Public Records Act and Revised Code of Washington 46.63.170, as same may be amended from time to time. Upon receipt of a request from the City for a copy of any record being maintained by NG, NG shall provide the requested record to the City within a reasonable time following such request, but in no event later than seven (7) days following the date the request is received by NG. 7.7. Additional Services (if requested by the City in writing): 7.7.1. School Zone Assessment Program. NG will generate a video -based analysis of school zones designed to evaluate the frequency of school zone speed violations for each approach to the targeted school zone. The video media will contain up to 16 hours of video monitoring assuming the equipment remains installed at the school zone during the course of monitoring, but not to exceed three consecutive calendar days. A report summarizing the results, along with the media generated will be provided to the City. There is no charge for the initial 16 approaches or any future system placement requests to be evaluated by NG pursuant to this Agreement. {KZS2229149.DOCX;1/13175.000001/ } 25 80 EXHIBIT B LICENSE AGREEMENT FOR NG SAFETY SYSTEM SOFTWARE This LICENSE AGREEMENT (the "License") is part of an agreement (the "Agreement") (to which a copy of this License is attached as Exhibit B) between the City named in the Agreement and NovoaGlobal, Inc. ("NG") for the NG software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to the City by NG. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to the City under the terms of that license agreement. By execution of the Agreement, the City has agreed to be bound by the terms of this License. Such agreement by the City is an express condition to its ability to use the SOFTWARE PRODUCT. 1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed, not sold. This License grants the City only the following rights: The City may use those copies of the SOFTWARE PRODUCT as installed by NG on its network ("Network"). 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. The City may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer unless so installed by NG. The City may not rent, lease, transfer or lend the SOFTWARE PRODUCT. This License does not grant the City any rights in connection with any trademarks or service marks of NG. Without prejudice to any other rights, NG may terminate this License if the City fails to comply with the terms and conditions of this License. 3. SUPPORT SERVICES AND UPGRADES. NG may provide the City with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Agreement. Any supplemental software code provided to the City as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this License. With respect to technical information the City provides to NG as part of the Support Services, NG may use such information for its business purposes, including for product support and development. In particular, NG will not utilize such technical information in a form that personally identifies the City or any motor vehicle, tag or person. If the SOFTWARE PRODUCT is labeled as an upgrade, the City must be properly licensed to use a product identified by NG as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for the City's eligibility for the upgrade. The City may use the resulting upgraded product only in accordance with the terms {KZS2229149.DOCX;1/13175.000001/ } 26 "; of this License. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that the City licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by NG or its suppliers. As between the City and NG, all title and intellectual property rights in and to the images and information which maybe generated through use of the SOFTWARE PRODUCT is the City's property. All rights not expressly granted are reserved by NG. 5. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this License, the City may keep the original media on which the SOFTWARE PRODUCT was provided by NG solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, the City may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this License, the City may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT. 6. COMPLIANCE WITH LAW AND EXPORT RESTRICTIONS. The City represents and agrees that it does not intend to and will not use, disseminate or transfer in any way the SOFTWARE PRODUCT in violation of any applicable law, rule or regulation of the United States, or any State of the United States or any foreign country of applicable jurisdiction. Without limiting the foregoing, the City agrees that it will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S. export restrictions. The City specifically agrees not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user who the City knows or has reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. 7. OTHER PROVISIONS. Sections 3, 4, 7, 10, 17, 18, 19, 20, and 22 of the Agreement are hereby incorporated by reference as if herein set forth in full. {KZS2229149.DOCX;1/13175.000001/ } 27 Ct`I EXHIBIT C LEASE AGREEMENT FOR NG SAFETY SYSTEMS This LEASE AGREEMENT (the "Lease") is part of an agreement (the "Agreement") (to which a copy of this Lease is attached as Exhibit C) between the City named in the Agreement ("City") and NovoaGlobal, Inc ("NG") (collectively, the "Parties"). The Parties hereto agree as follows: 1. LEASE. NG hereby leases to the City and the City hereby leases from NG, subject to the terms and conditions of this Lease, such items of System equipment (together with all attachments, replacements, parts, additions, substitutions, repairs, accessions and accessories incorporated therein and/or affixed thereto, the "Equipment") that the City obtains possession, custody or control of pursuant to the Agreement. 2. USE AND LOCATION. The Equipment shall be used and operated by the City only in connection with the operation of the System by qualified employees of and in accordance with all applicable operating instructions, and applicable governmental laws, rules and regulations. The City shall not part with control or possession of the Equipment without NG's prior written consent. 3. CONDITION. NG shall maintain the Equipment in good condition and working order in accordance with Section 4 of Exhibit A. The City shall not damage the Equipment or make any alterations, additions or improvements to the Equipment without NG's prior written consent unless such alterations, additions or improvements do not impair the commercial value or the originally intended function or use of the Equipment and are readily removable without causing material damage to such Equipment so as to return the Equipment to its original state, less ordinary wear and tear. Any alteration, addition or improvement not removed prior to the return of the Equipment shall without further action become the property of NG, provided, however, that any alterations, additions and improvements which would reduce the value of the Equipment must be removed prior to the return of such Equipment. 4. RETURN. Upon the expiration or earlier termination of the Agreement, the City shall allow NG reasonable access to remove the Equipment at NG's expense. 5. OWNERSHIP, LIENS. The Equipment is and shall at all times be the property of NG. The City agrees to take all action necessary or reasonably requested by NG to ensure that the Equipment shall be and remain personal property. Nothing in this Lease, the Agreement or any Exhibit shall be construed as conveying to the City any interest in the Equipment other than its interest as a lessee hereunder. If at any time during the term hereof, NG wishes to place on the Equipment labels, plates or other markings evidencing ownership, security or {KZS2229149.DOCX;1/13175.000001/ 82 28 G`'L other interest therein, the City shall allow NG reasonable access therefore and keep the same displayed on the Equipment. 6. NO CITY SUBLEASE; ASSIGNMENT. The City shall not assign or in any way dispose or otherwise relinquish possession or control of all or part of its rights or obligations under this lease or enter into any sub -lease of all or any part of the equipment without the prior written consent of NG. 7. OTHER PROVISIONS. Sections 3, 4, 7, 10, 17, 18, 19, 20, and 22 of the Agreement are hereby incorporated by reference as if herein set forth in full. {KZS2229149.DOCX;1/13175.000001/ } 29!! EXHIBIT D COMPENSATION AND PRICING MONTHLY FEE Pricing for NG Safety Systems relating to fixed speed photo enforcement shall be as follows: • $3,999.00 per system per month, with less than 400 infractions issued by the City per month. • $4,900.00 per system per month, with between 400 and 800 infractions issued by the City per month. • $5,700.00 per system per month, with more than 800 infractions issued by the City per month. NG acknowledges school zone fixed speed photo enforcement systems will only function during specified times throughout the day and in accordance with City's flashing beacon system, if available. Additionally, NG acknowledges that schools often take breaks for more than seven (7) consecutive calendar days. These school breaks do not constitute a temporary suspension, as defined below. Consequently, NG shall bill the City monthly fees for all months of the year, but shall reduce the monthly fees for all School Zone Systems by twenty five percent (25%). Temporary Suspensions. In the event construction by the City causes a disruption of service under the Agreement, upon NG' s written request, the term of the Agreement may be extended at the City's sole discretion. For every two (2) months, (per individual system) of disrupted service the Agreement can be extended for a one-month period. COVIDI9. NG acknowledges that these unprecedented times might impact the start date of the schools. NG will not start enforcing violations and therefore billing until the school reopens or NG is directed to do so by the City. Any delay in the start date and billing will delay the Installation Date. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS 1. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, City agrees to pay NG within forty-five (45) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid sixty (60) days from date of invoice or monthly report if such delay is the responsibility of the City. 2. Required Payment Convenience Fees will not be considered to be revenue received and are the responsibility of the violator. {KZS2229149.DOCX;1/13175.000001/ } 84 30G�� 3. Required Refund Fees will not be considered to be revenue received and are the responsibility of the violator. 4. Violations sent to a collection agency will have an additional charge as negotiated with the chosen collection agency in mutual agreement with the City and the applicable court. {KZS2229149.DOCX;1/13175.000001/ } 31 1/ 86 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes July 24, 2023- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Staff Present: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp Pete Mayer, David Rosen, Matthew Austin, John Dunn, Michael May Kris Kelly, Eric Lund, Eric Dreyer Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA Consensus existed to move the Parks and Recreation Department update to the top of the agenda. A. 2023 2"d Quarter Parks and Recreation Department Update Staff presented the update. Committee Recommendation: Discussion only. B. Contract Amendment: Automated Traffic Cameras Staff is seeking approval to amend the contract with NOVOAGLOBAL, Inc. to include additional * automated traffic cameras in public park speed zones. Committee Recommendation: Unanimous approval. Forward to August 14, 2023 Committee of the Whole. C. 2023 2nd Quarter Police Department Update Staff presented the update. Committee Recommendation: Discussion only. 11. MISCELLANEOUS The meeting adjourned at 6:52 p.m. MeeZ Committee Chair Approval Minutes by LH 87 88 UPCOMING MEETINGS AND EVENTS AUGUST 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available. AUG 14 MON AUG 15 TUE AUG 16 WED AUG 17 THU AUG 18 FRI AUG 19 SAT ). Community Services and Safety Committee 5:30 PM City Hall - Hazelnut Room Hybrid Meeting ➢ Finance and Governance Committee 5:30 PM 6300 Building - Suite 100 Foster Conference Room Hybrid Meeting ➢City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting _ �_° °a ; SULLIVAN CENTER LUNCHTIME CONCERT SERIES FREE event with Spice Bridge food and entertainment by chalk artist Jeppa Hall and Mobile Recreation. 12:00 PM — 1:00 PM Tukwila Village 14350 Tukwila Intl Blvd Click here for more events. 0 APPLY NOW FOR 1 OR 2 FREE TREES residents can apply for FREE Trees throughthe Tukwila Tree giveaway. Pick upon Oct 7 or have your tree(s) delivered. Submit an online application by Sep 15! Click here for information. 0 TOUCH -A -TRUCK See the amazing vehicles from Parks & Recreation, Police, et Sound Public Works, Pu Fire, Washington National Guard and manymore! First hour is quiet hour. 17:00AM-2:00 PM Westfield Southcenter Mall Click here for information. HABITAT WORK PARTY Join EarthCorps to care for this park! 10:00 AM .1:00 PM Tukwila Park Click here to register. American Red Cross HIGH SCHOOL RESOURCE FAIR Reconnect to Opportunity is hosting its 4th annual drive-thru High School Resource Fair. Or anizations will be handingTukwila g out free backpacks, school9 supplies, food boxes and neat prizes. 3:00 PM — 5:00 PM 645 Andover Park W Click here for information. > Civil Service Commission 5:00 PM Hybrid Meeting WALK & TALK, LITTER PICK UP Spend the morning walking & talking on the Green River Trail and learning about river health, native plants, and wildlife. This FREE event focuses on keeping microplastics out of the river and in the trash where they belong. 10:00 AM -12:00 PM Tukwila Community Center Click here to register. FREE SMOKE ALARMS AND INSTALLATION Service provided to those who cannot afford to purchase smoke alarms or are physically unable to install a smoke alarm. For more information or request FREE smoke alarms, call 1-833-918-1531. Click here for information. HIKING TRIPS FOR AGES 10-14 Youths get to choose from a variety of hiking adventures throughout the summer. Space is limited and must pre -register. Naches Peak Loop Click here to register. Tukwila Village Farmers Market Come buy fresh produce grown by refugees and immigrants in our community. FREE summer meals for kids and caregivers available for pick up. 4:00 PM — 7:00 PM Tukwila Village Plaza 14350 Tukwila Intl Blvd AUG 21 MON AUG 22 TUE AUG 23 WED AUG 24 THU AUG 25 FRI ' AUG 26 SAT S. Planning and Community Development Meeting 5:30 PM City Hall- Hazelnut Room Hybrid Meeting ➢ Transportation and Infrastructure Services Committee 5:30 PM 6300 Building 2 ° 9 Floor Duwamish Conference Room Hybrid Meeting ➢ City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting GREEN TUKWILA PARTNERSHIP RESTORATION AT RIVERTON PARK Join us to care for this park! 11:30 AM - 1:30 PM Riverton Park Click here to register. ➢ Planning Commission 6:30 PM Hybrid Meeting Give Blood = Save 3 Lives ° ° .. • .. DONATE BLOOD AND ENTER TO WIN A TRIP TO AUSTIN, TXI It takes 1,000 donors a day to sustain a blood supply for patients in our community. To schedule an appointment, call 1-800-398-7888. Click here to schedule an appointment. 0 HIKING TRIPS FOR AGES 10-14 Youths get to choose from a variety of hiking adventures throughout the summer. Space is limited and must pre -register. Discovery Park Lighthouse Loop Trail Click here to register. 0 BACK TO SCHOOL BEACH BASH FREE event with Soul Fusion Food Truck and entertainment om M anistly l, IDsland Boundrum Music s and p Time Machine Radio. 11:00 AM - 6:00 PM Joseph Foster Memorial Park a 13919 53' Ave S Click here for more events. Tukwila Village Farmers Market See above for more information. ➢ Arts Commission 6:00 PM Hybrid Meeting CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM - 4:00 PM Save fire Date/ COMMUNITY OPEN HOUSE FOR COMPREHENSIVE PLAN SEP 20 5:30 PM - 8:00 PM FOSTER HIGH SCHOOL FREE TREE GIVEAWAY ONLINE APPLICATIONS DUE BY SEP 15 Tukwila residents can apply for FREE trees. Apply online by Sep 15! Click here for information. UNPLUG & PLAY FOR AGES 5-12 MONDAYS - FRIDAYS THRU AUGUST 25 Free drop-in summer playground program for ages 5-12. Fun activities, games, sports, music & crafts. Free meals and snacks. MOBILE RECREATION WITH FREE ACTIVITIES FOR FAMILIES! JUN 28 - SEP 1 WED, THU, FRI, SAT & SUN Meet Parks Staff for fun and free activities at local parks, Tukwila Village and Tukwila Pantry locations! Click here for information. r% DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:00 PM 1:4 . VOLUNTEERS - In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. 17 DONORS - Please donate at tukwilapantry.org/please-donate/. KING COUNTY 4141, DOWNLOAD AUDIOBOOKS FOR FREE! Download for free with your library card. Browse the Libby app or Overdrive website to discover your next great listen. Click here for information. STREAM MOVIES FOR FREE! Use your KCLS library card to stream thousands of movies for free! Watch indie films, world cinema, documentaries and more on Kanopy. Sign in with your library card to start watching. Click here for information. LIBRARY mk> s v s r En N. / FREE SUMMER MEALS FOR AGES 18 AND UNDER! a. FREE SUMMER MEALS - Summer Food Service Program provides free summer meals for children in King County. Click here for information. Summer for TUKWILA KIDS & TEENS \ Meals Locator: English Espanol Af Somali TiengViet CASCADE VIEW COMMUNITY PARK 14211 37TH Ave S Jul 10 - Aug 25 Mon - Fri Lunch: 12:00 PM — 1:00 PM Snack: 1:45 PM — 2:00 PM FOSTER HIGH SCHOOL 4242 S 144th St Jul 5 - Aug 3 Mon - Thu Breakfast: 7:30 AM — 8:00 AM Lunch: 11:00 AM — 11:30 AM TUKWILA ELEMENTARY 5939 S 149t5 St Jul 5 - Aug 3 Mon - Thu Breakfast: 8:30 AM — 9:00 AM Lunch: 12:00 PM — 12:30 PM TUKWILA VILLAGE FARMER'S MARKET 14350 Tukwila International Blvd Jun 21 -Aug 30 Wednesdays Dinner: 4:30 PM — 6:30 PM Meals available for caregivers too! TUKWILA COMMUNITY CENTER 12424 42nh Ave S Jul 10 - Aug 25 Mon - Fri Lunch: 11:15 AM - 12:15 PM Snack: 3:00 PM — 3:30 PM 89 Tentative 9enda Schedule MEETING 3 — REGULAR MEETING 4 — C.O.W. MEETING 1 — REGULAR MEETING 2 — C.O.W. AUGUST 7 See below link for the agenda packet to view the agenda items: August 7, 2023 Regular Meeting AUGUST 14 See below link for the agenda packet to view the agenda items: August 14, 2023 Committee of the Whole Meeting AUGUST 21 APPOINTMENT Confirm the appointment of Naomi Watkins to Position #6 on the Arts Commission. CONSENT AGENDA Authorize the Mayor to sign a contract for the South 149"' and South 150"' Watermain Replacement in the amount of $350,000.00. UNFINISHED BUSINESS - An ordinance regarding a Multi -family Property Tax Exemption (MFTE). - A resolution providing an honorary street naming designation for former Mayor Jim Haggerton. - Authorize the Mayor to sign a contract for Automated Traffic Safety Cameras in parks. AUGUST 28 SPECIAL ISSUES - Ordinances updating 2024 Park and Fire Impact Fee Schedules. - Ordinance adopting amendments to TMC Chapter 8.07, "Controlled Substances, Paraphernalia, Poisons and Toxic Fumes." Special Meeting to follow Committee of the Whole Meeting. CONSENT AGENDA - Ordinances updating 2024 Park and Fire Impact Fee Schedules. - Authorize the Mayor to accept a grant from the Washington State Criminal Justice Training Commission for Police Officer wellness services in an amount not to exceed $55,000.00. - Ordinance adopting amendments to TMC Chapter 8.07, "Controlled Substances, Paraphernalia, Poisons and Toxic Fumes." REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. SEPTEMBER 4 SEPTEMBER 11 SEPTEMBER 18 CONSENT AGENDA Acceptance of the Planning for Recreation SEPTEMBER 25 PUBLIC HEARING TMC 21.04 State Environmental Policy Act (SEPA) Ordinance update. SPECIAL ISSUES - TMC 21.04 State Environmental Policy Act (SEPA) Ordinance update. - Consensus on Economic Development Strategy. L H * P * Y ,+Lgi ,t Access Grant for $197,000.00. No Council and Committee Meetings due to the holiday. 90