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HomeMy WebLinkAboutSpecial 2012-12-10 COMPLETE AGENDA PACKETTukwila City Council Agenda ❖ SPECIAL MEETING ❖ ► A "qs J,o,,., ,y (//)) 2 Jim -1908 David Haggerton, Mayor Councilmembers: ❖ Joe Duffie + Dennis Robertson Cline, City Administrator •b Allan Ekberg ❖ Kathy Hougardy Seal, Council President ❖ De'Sean Quinn ❖ Kate Kruller Verna Monday, December 10, 2012; 7:00 PM • Ord #2391 • Res #1784 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL PRESENTATIONS a. Swearing in of Deni Delic, Transport Officer in the Police Department. Mike Villa, Police Chief b. Life - saving measures by three citizens: Dawn Corak, Tina Rice, Mary Thomas. Nick Olivas, Fire Chief 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT AGENDA a. Approval of Minutes: 11/19/12 (Regular Mtg.) b. Authorize the acceptance of a grant from the Federal Highway Bridge Program for the Boeing Access Road over BNSF Burlington Northern Railroad Bridge Rehabilitation Project in the amount of $9,745,600.00. [Reviewed and forwarded to Consent by Transportation Committee on 12/3/12.] c. Authorize the Mayor to sign the Master Service Agreement (MSA) and the Addendum to the MSA with Integra Telecom Holdings, Inc., for City phone services in an amount not to exceed $120,000.00. [Reviewed and forwarded to Consent by Finance & Safety Committee on 12/4/12.] d. Authorize the Mayor to sign an Interlocal Agreement with the City of SeaTac for probation services. [Reviewed and forwarded to Consent by Finance & Safety Committee on 12/4/12.] Pg.1 Pg.13 Pg.31 5. UNFINISHED BUSINESS a. Tukwila Village: (1) An ordinance relating to development agreements authorized pursuant to Chapter 18.86 of the Tukwila Municipal Code; approving and authorizing the proposed Tukwila Village Development Agreement with Tukwila Village Development Associates, LLC, a Washington Limited Liability Company. (2) Authorize the Mayor to sign the Development Agreement with Tukwila Village Development Associates, LLC, for Tukwila Village, in substantial form as the agreement in the agenda packet. b. A resolution adopting the 2012 City of Tukwila Strategic Plan. Pg.43 Pg.45 Pg.51 Pg.83 6. NEW BUSINESS a. Authorize the Mayor to sign an agreement with Securitas Security Services USA, Inc., for Court security in an amount not to exceed $80,020.00. Pg.141 (continued...) n SPECIAL MEETING Monday, December 10, 2012 Page 2 6. NEW BUSINESS (continued) b. Bond ordinance for the Tukwila Metropolitan Park District: (1) An ordinance repealing Ordinance No. 2390 relating to the issuance, sale and delivery of not to exceed $1,100,000 aggregate principal amount of limited tax general obligation bonds to undertake improvements to the pool. (2) An ordinance relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $1,100,000 aggregate principal amount of limited tax general obligation bonds to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Metropolitan Park District. Pg.151 Pg.155 Pg.157 7. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. 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. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Coun`l review 12/10/12 BG Access Road over BNRR Bridge Rehabilitation Project Federal Highway Bridge Program Grant 12/10/12 Motion Date 12/10/12 n Resolution Mtg Date I I Ordinance Mtg Date [I Bid Award Mtg Date ❑ Public Hearing Mtg Date I I Other Mtg Date CA I'JGORY ►1 Discussion ►1 Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD n Finance [ I Fire ❑ IT n P&R H Police I PW/ ITEM INFORMATION ITEM No. STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 12/10/12 AGENDA ITEM TITLE Boeing Accept Access Road over BNRR Bridge Rehabilitation Project Federal Highway Bridge Program Grant 12/10/12 Motion Date 12/10/12 n Resolution Mtg Date I I Ordinance Mtg Date [I Bid Award Mtg Date ❑ Public Hearing Mtg Date I I Other Mtg Date CA I'JGORY ►1 Discussion ►1 Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD n Finance [ I Fire ❑ IT n P&R H Police I PW/ SPONSOR'S The City was awarded a Federal Highway Bridge Program grant for the Boeing Access Road SUMMARY over Burlington Northern Railroad Bridge Rehabilitation Project in the amount of $9,745,000. A City match of 20% is required for the rehabilitation grant. A Public Works Trust Fund loan has been tentatively approved for $2,500,000 that still needs to be approved by the State legislature in 2013. Council is being asked to formally accept the Federal grant in the amount of $9,745,000. REVIEWED BY ❑ COW Mtg. n CA &P Cmte J F &S Cmte ❑ Utilities .Cmte ❑ Arts Comm. [J Parks Comm. DALE,: 12/3/12 COMMITTEE CHAIR: ALLAN -1 Transportation Cmte ❑ Planning Comm. EKBERG RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Consent Agenda at Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $ . Fund Source: 104 ARTERIAL STREETS (PG 11, PROPOSED 2013 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/12 MTG. DATE ATTACHMENTS 12/10/12 Informational Memorandum dated 11/30/12 Minutes from the Transportation Committee meeting of 04/16/12 Grant Award Notification Letter 2013 CIP, page 11 Minutes from the Transportation Committee meeting of 12/03/12 2 City of Tukwila TO: FROM: BY: DATE: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Bob Giberson, Public Works Director F `e Robin Tischmak, City Engineer November 30, 2012 SUBJECT: Boeing Access Road Over BNRR Bridge Rehabilitation Project Project No. 99410408 Grant Acceptance ISSUE Accept a federal grant award in the amount of $9,745,600 to rehabilitate the Boeing Access Road (BAR) Bridge over Burlington Northern Railroad (BNRR). BACKGROUND The Washington State Department of Transportation issued a Call for Projects to compete for an estimated $40 - $70 million of Federal Highway Bridge Program funds. The Transportation Committee approved a grant application to rehabilitate the Boeing Access Road Bridge over BNRR at the April 16, 2012 Transportation Committee meeting. The Boeing Access Road Bridge Rehabilitation Project's grant application was awarded $9,745,600.00 for the project. DISCUSSION & FINANCIAL IMPACT Following is a summary of the project budget, including the approved grant funding from the FFY 2012 Federal Bridge Program: Amount Amount Funding Source Requested Awarded Federal Bridge Funds $10,000,000 $ 9,745,600 City Match = PWTF* (20% min. required) 2,500,000 2,500,000 Totals $12,500,000 $12,245,600 *Public Works Trust Fund Loan (still needs to be approved by the State Legislature in 2013) RECOMMENDATION The Committee is being asked to accept the grant award for the Boeing Access Road Bridge Rehabilitation Project in the amount of $9,745,600.00 and consider this item on the Consent Agenda at the December 10, 2012 Special Meeting following the Committee of the Whole. Attachments: April 16, 2012 Transportation Committee Minutes Grant Award Notification Letter 2013 CIP Page 11 W:\PW Eng \ PROJECTS \A - RW & RS Projects \BAR Bridge Repl (99410408) \BRAC Application \2012 Application \InfoMemo I 1- 27- 12.doc 3 4 Transportation Committee Minutes April 16, 2012 — Page 2 is underway to determine if these PSE connection fees should be included under the Segale Development Agreement. Regardless of reimbursement, these connections need to be funded in a timely manner. UNANIMOUS APPROVAL. FORWARD TO APRIL 23 COW FOR DISCUSSION. C. Grant Application: Boeing Access Road (BAR) Bridge over Burlington Northern Railroad (BNRR) Staff is seeking Committee approval to apply for funding from the Federal Highway Bridge Program to rehabilitate the Boeing Access Road Bridge over the Burlington Northern Railroad. Previous grant applications were submitted for this project in 2008 and 2010, but were unsuccessful. Feedback from the funding agency indicated that costs for the project were too high to complete in the program, so staff looked at the cost of rehabilitation of the bridge versus replacement. Estimated costs of rehabilitation are $12.182,00(:) as opposed to the $30 million for total replacement. Bridge rehabilitation results in monetary savings since existing support structures can be used if it is determined that they are structurally sound. This grant application will seek funding for rehabilitation in the amount of $12 million. If successful, a City match of 20% will be required (approximately $2.4 million), which is scheduled to be funded with a bond issue. Staff noted that the CIP page included in the agenda packet (page 30) reflects funding for bridge replacement, and not the new reduced funding reflecting rehabilitation costs. Staff confirmed for Committee members that an updated CIP page would be forthcoming in 2013. UNANIMOUS APPROVAL FROM TRANSPORTATION COMMITTEE TO SUBMIT GRANT APPLICATION. D. Grant Application: Safe Routes to School Staff is seeking Committee approval to submit two applications to the Washington State Department of Transportation's 2013 -15 Safe Route to School Program. The following two projects will be submitted for grant funding based on Committee approval: Cascade View Elementary Proposing education, enforcement and encouragement, this project will create a traffic circle at 33rd Avenue South and South 140`'', sidewalks, formalize a path and create pedestrian refuge islands to reduce vehicle speed and increase pedestrian visibility. The grant application will be for approximately $1 million with a recommended 20% City match ($200,000). If the grant is successful, the matching funds will be placed in the CIP in the Walk and Roll program (new funding). Tliorndyke Elementary Also proposing education, enforcement and encouragement, this project will add a new sidewalk, create mid -block crossing improvements on South 150111 Street and implement and enforce improved pick -up and drop -off procedures. The grant application will be for approximately $1.1 million with a $600,000 City match that will be met through application of funds already budgeted in the Annual Overlay Program. Committee Members were complimentary of the projects,, but expressed the need for additional consideration and input from the schools and neighborhoods if the grant applications are successful. Additionally, the projects will require documented funding mechanisms. UNANIMOUS APPROVAL FROM TRANSPORTATION COMMITTEE TO SUBMIT GRANT APPLICATIONS. E. Resolution: 2012 City -Wide Work Plan Staff is seeking Council approval of a resolution adopting a 2012 City -Wide Work Plan. Councilmembers originally saw an outline of the Work Plan at the Council Retreat in February. Staff highlighted some minor changes that have been made to the document which is meant to serve primarily as a focus document. Committee Members briefly discussed how this Plan will tie into the Strategic Planning Process, and acknowledged the Strategic Plan will eventually influence the Work Plan. Staff commented that the items in the Work Plan are prioritized by tiers, but are not prioritized within each tier. The projects included in the Work Plan are based on the City's 2011 -12 Biennial Budget. UNANIMOUS APPROVAL. FORWARD TO APRIL 23 COW FOR DISCUSSION. 5 6 'VAWashington State Department of Transportation Paula J. Hammond, P.E. Secretary of Transportation November 20, 2012 Mr. Bob Giberson Public Works Director City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 -2545 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504 -7300 360 - 705 -7000 TTY: 1- 800 - 833 -6388 www.wsdot.wa.gov Boeing Access Road FFY 2012 Bridge Selections Federal Funding RECEIVE NOV 2 6 2012 roUBLIC WORKS WSDOT is pleased to advise you that the above mentioned bridge project was recently selected. The federal funding is limited to the amount shown below: Project Name: Boeing Access Road $9,745,600 Scope: Rehabilitation Note: These funds require a 20 percent local match. In order to meet state and federal requirements, the following are required: • Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP) as a complete programmed project. Once your TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program (STIP). • Project funding packages must include the following new federal mandatory information or your project cannot be authorized: Place of performance: • Nearest (city) — provide the name of the nearest city to where the work is located. For projects that span multiple locations, provide the name of the city where the majority of the work is located. • 9 digit Zip Code — provide the zip code where the majority of the work is located. • Preliminary Engineering (PE) must be obligated by September 2, 2013 or the funds will be reprogrammed to other priority bridge projects. • This Project has been scheduled to be awarded by May 2014. If the project does not meet the scheduled construction award date, your agency can request an extension to the deadline through your Region Local Programs Engineer via e- mail for H &LP to determine if the reason or reasons for the delay is acceptable. • Project expenditures incurred before receiving notice from H &LP of federal fund obligation are not eligible for reimbursement. 7 Bob Giberson Public Works Director City of Tukwila Fifth Plain Creek November 20, 2012 • To maintain funding, a Quarterly Project Report form must be completed by the end of March, June, September and December each year. The online database can be found at: http:// www .wsdot.wa.gov /localprograms /. To access the database you will need an account name and password. Your account name and your password is NMI The password is case sensitive. To obligate funding for the project, please refer to the information above and your Local Agency Guidelines (LAG) manual for additional information. As a reminder, H &LP encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance please contact Ed Conyers, your Region Local Programs Engineer, at 206.440.4734. Sincerely, Kathleen B. Davis Director Highways & Local Programs KBD:st:sas cc: Ed Conyers, Northwest Region Local Programs Engineer, MS NB82 -121 8 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: Boeing Access Rd over BNRR Bridge Rehabilitation Project No. 99410408 DESCRIPTION: Rehabilitate the existing bridge with a 340' long concrete or steel bridge structure. It will be 110' wide curb to curb and have sidewalks on both sides. The existing bridge is structurally and seismically deficient. Several pedestals are leaning, have concrete JUSTIFICATION: spalls, exposed rusty anchor bolts and reinforcements and some cracks. The existing railings do not meet standards. Type, size, and location draft report (specifically required for bridges) was completed in 2005. Federal grant STATUS: applications were submitted in 2008 and 2010 and will be submitted for funding in 2012 as federal bridge funds are made available. A PWTF loan application will also be submitted in 2012. MAINT. IMPACT: Maintenance will be reduced. Bridge will be constructed in phases to allow continued traffic use. Construction of projects over $10 million are only funded at 80% for federal funding. A Bond issue or PWTF loan may be used for the City match. COMMENT: FINANCIAL Through Estimated • 2015 2016 2017 2018 BEYOND TOTAL EXPENSES Project �Y Location �� ,�1yy1 a 4 ou1,1Sd"r -f / � F a `\ � / / je Design 53 you 1 1,300 \ IC 5.425 :41 A% . , \a \LLLITJ\ � \ �t w, ---� V \ ��•�,�• S �30 St� .. "t h�.A_ -. i> _�f'N. 1,353 Land (R/V1/) 100 100 Const. Mgmt. 1,400 1,400 Construction 9,700 9,700 TOTAL EXPENSES 53 0 1,400 11,100 0 0 0 0 0 12,553 FUND SOURCES Awarded Grant 0 Proposed Grant 1,120 8,880 10,000 PWTF Loan 280 2,220 2,500 Mitigation 0 City Oper. Revenue 53 0 0 0 0 0 0 0 0 53 TOTAL SOURCES 53 0 1,400 11,100 0 0 0 0 0 12,553 2013 - 2018 Capital Improvement Program 11 9 Project �Y Location �� ,�1yy1 a 4 ou1,1Sd"r -f / � F a `\ � / / je ` I , i qk en t ! ,:-` -rte '_.'%`? J ta you 1 S 1 L$, s \ IC 5.425 :41 A% . , \a \LLLITJ\ � \ �t w, ---� V \ ��•�,�• S �30 St� .. "t h�.A_ -. i> _�f'N. 2013 - 2018 Capital Improvement Program 11 9 10 TRANSPORTATION COMMITTEE - Meeting Minutes December 3, 2012 — 5.-15 p.m. — Conference Room #1 City of Tukwila Transportation Committee PRESENT Councilmembers: Allan Ekberg, Chair; Kathy Hougardy and De'Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Peggy McCarthy, David Cline, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:16 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Purchase: Wide Format Plotter Staff is seeking Committee approval to purchase a wide format plotter from Zones, Inc. in the amount of $11,628.86. Although the cost of the printer is under the threshold which requires Council approval, Committee approval is necessary since this is the purchase of an unbudgeted capital item (per Tukwila Municipal Code 3.32.040). The current plotter, which was purchased in 2007, has an unrepairable motherboard. A replacement plotter was going to be funded in the 2015 -2016 Biennial Budget. Funding for this purchase will come from the capital budget for the 2012 Regional Aerial Mapping which has a remaining balance of $22,246.24. Aerial photographs are taken approximately every 4 -6 years. Staff also anticipates a $2,250 trade -in credit for the current plotter. UNANIMOUS APPROVAL. PURCHASE PLOTTER. B. Purchase: Special Events /Volunteers' Support Cargo Trailer Staff is seeking Committee approval to purchase a utility cargo trailer from Trailer Boss in the amount of $9,070.21 for storage, transport, shelter and utility support of special events and volunteer needs of the Parks & Recreation Department. Although the cost of the cargo trailer is under the threshold which requires Council approval, Committee approval is necessary since this is the purchase of an unbudgeted capital item (per Tukwila Municipal Code 3.32.040). Funding for this purchase will come from the Parks & Recreation Volunteer and Special Events budget which has been underspent. Public works staff supports the purchase of the trailer in order to outfit the City's fleet in the most efficient and cost effective ways possible. Committee members requested that Parks & Recreation staff provide a memo, under separate cover, that provides more detailed information that identified the need for the utility cargo trailer. UNANIMOUS APPROVAL. PURCHASE CARGO TRAILER. C. Grant Acceptance: Boeing Access Road Bridge Staff is seeking Council approval to accept grant funding from the Federal Highway Bridge Program to rehabilitate the Boeing Access Road Bridge over the Burlington Northern Railroad. Staff applied for grant funding earlier this year (see Transportation Committee minutes dated April 16, 2012). The grant application requested $10 million, and the City was awarded $9,745,600. The minimum required 20% match ($2.5 million) will be met through a Public Works Trust Fund (PWTF) Loan. If the State Legislature does not authorize the 2013 PWTF, staff suggests utilizing municipal bonds to meet the minimum match requirement. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 SPECIAL MEETING CONSENT AGENDA. 11 12 COUNCIL AGNIVDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review 12/10/12 MM C/C Couli review ITEM INFORMATION ITEM No. 4G STAFF SPONSOR: MARY MIOTKE ORIGINAL AGENDA DATE: 12/04/12 AGENDA ITEM TITLE Agreement with Integra Telecom for telephone services 12/10/12 Motion Date 12/10/12 I !Resolution Mtg Date I I Ordinance Mtg Date I I Bid Award Mtg Date ❑ Public Hearing Mtg Date I I Other Mtg Date CATEGORY ►1 Discussion ►1 Mtg Date Mtg SPONSOR ❑ Council ❑ Mayor H HR n DCD 1 !Finance ❑ Fire ►1 IT I I P&R ❑ Police n PIY/ SPONSOR'S In 2010, Council authorized a 2 -year agreement with Integra Telecom to provide phone SUMMARY service for our VoIP phone system and internet connection, locking in competitive pricing. It is time to renew the agreement in order to retain the pricing at. the same amount as agreed to in 2010. The Council is being asked to approve the Mayor signing the amended Master Services Agreement and Addendum, plus any change orders the City may request in an amount not to exceed $120,000 for the 24 -month term. REVIEWED BY ❑ COW Mtg. U CA &P Cmte ❑ Utilities Cmte n Arts Comm. DATE: 12/04/12 11 F &S Cmte ❑ Transportation Cmte Comm. I Planning Comm. CHAIR: QUINN . I Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Information Technology Department Unanimous Approval; Forward to Special Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $120,000 2 years $120,000 2 years $0 Fund Source: ALLOCATED WITHIN CITY-WIDE COMMUNICATION BUDGET LINES Comments: See attached memo MTG. DATE RECORD OF COUNCIL ACTION 12/10/12 MTG. DATE ATTACHMENTS 12/10/12 Informational Memorandum dated 12/04/12, plus attachments Minutes from the Finance and Safety Committee meeting of 12/04/12 1. 14 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Mary Miotke, IT Director DATE: December 4, 2012 SUBJECT: Renewal of Phone Services Agreement with Integra Telecom ISSUE In 2010, the Council authorized a 2 -year contractual agreement with Integra Telecom to provide phone service for our VoIP phone system and internet connection, locking in competitive pricing. It is time to renew the agreement in order to retain the pricing for the services at the same amount as agreed to in 2010. BACKGROUND Over the past several years we have finalized the configuration of our VolP system; we have replaced lines from other service providers, eliminated unused /underutilized lines, and converted all possible lines to digital lines instead of analog for cost savings. A few fax lines remain as analog (for now), as well as all alarm, security and phone system backup lines. We have standardized our phone service with Integra Telecom, who has provided competitive pricing with excellent, responsive service. DISCUSSION We have reached the end of the original Integra Master Service Agreement (MSA) term and our monthly service invoices are now on a month -to -month basis and subject to price increases. Integra has provided their latest MSA; our attorneys have added /changed language regarding indemnification and liability; and an Addendum has been included that guarantees our pricing even if Integra imposes surcharges. The estimated cost of services for the next two years is within the amount of $60,000 budgeted per year for City -Wide communications in the 2013/14 budget. By agreeing to another 2 -year term and upon signature of the MSA and Addendum, the pricing will remain the same as it was in the previous agreement. All charges since July 2012 (when the original agreement ended), which were billed at the higher rate, will be credited back to us. Once the agreement is in place, the City will again have a 24 -month fixed rate for budgeting purposes. Attached is an overview of service charges for 2012, with estimates through the end of the year. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the updated MSA and the Addendum to the MSA, plus any change orders the City may request throughout the term of the agreement, in an amount not to exceed $120,000 for the 24 -month term and consider this item under the Consent Agenda at the Special Council meeting following the December 10, 2012 Committee of the Whole. ATTACHMENTS Integra Telecom Master Service Agreement, revised 11/20/12 Addendum to the Master Service Agreement Phone Service Cost Estimate Spreadsheet 15 16 Integra TELECOM ADDENDUM to the Master Service Agreement This Addendum to the Master Service Agreement is executed by and between Integra Telecom Holdings, Inc., an Oregon company with headquarters at 1201 NE Lloyd Blvd., Ste. 500, Portland, Oregon 97232, by and through one of its wholly - owned subsidiaries as may be certificated in the applicable state to provide services ( "Integra ") and City of Tukwila ("Customer "). WHEREAS, the Parties have entered into a Services Agreement for the provision of services as described in the Services Agreement, and; WHEREAS, the Master Service Agreement ( "MSA ") sets out the terms and conditions for the delivery of service described in the Services Agreement and is incorporated therewith (together, "Agreement "), and; WHEREAS, the Parties seek to amend the terms of the MSA to address the unique needs of Customer and the unique circumstances of service as more specifically set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby mutually agree as follows: 1. Integra Telecom during the term of this agreement will guarantee to not increase the rates for the services listed on the contract. During this contract term some Integra imposed surcharges or fees may increase and if so Integra will adjust our product prices down to compensate for that increase. This pricing guarantee does not include the rates for any government imposed taxes, fees or surcharges. 2. Except as specifically set forth herein, the terms and conditions of the Master Service Agreement and any Services Agreement remain unmodified and in full force and effect. City of Tukwila Integra By: By: f Printed Name: Printed Name: iV! i f`'i )7l (/1 Title: Date: Title: Date: 5,A 1e s 1)1 V (1) V it -1y1. 17 INTEGRA TELECOM MASTER SERVICE AGREEMENT Integra Telecom Holdings, Inc., by and through its subsidiaries (hereinafter "Integra ") and customer, as named on the Service Agreement and the signature page hereto ( "Customer "), hereby agree to the following terms and conditions contained in this Master Service Agreement (this "Agreement ") for the provision of Services (as defined below) to Customer by Integra, as of the date of the Service Agreement (as defined below). 1. EFFECTIVE DATE, SERVICES, AND SERVICES TERM. This Master Service Agreement, along with the order for service ( "Service Agreement(s)"), any attachments, the policies and procedures found on Integra's website: www.integratelecom.com, and any filed tariffs, price lists or schedules, comprise the entire agreement between the parties ( "Agreement "). Details pertaining to each service ordered by Customer (the "Service ") are set forth in the Service Agreement entered into in connection with this Agreement. This Agreement supersedes any and all prior discussions, representations, memoranda, or agreements; oral or written, between the parties related hereto. Integra reserves the right, in its sole reasonable discretion, to reject any Service Agreement prior to Integra's signature. Integra agrees to provide to Customer (subject to availability and adequacy of underlying service) and Customer agrees to procure from Integra, the Services at the locations set forth for the number of months set forth ( "Services Term ") as detailed on the Service Agreement(s) incorporated as part of this Agreement. Installation of Services occurs at the delivery of operating circuits (the "Installation of Service ") to the demarcation terminal at the location where Integra's facilities interconnect with Customer's or any third party's facilities (the "Demarcation Point "). The Services Term commences upon the Installation of Service by Integra (the "Installation Date "). Integra will use reasonable efforts to install Services on the date agreed upon by the parties; however, Integra does not guarantee that Services will be installed and provisioned on Customer's desired due date. Upon the expiration of the Services Term, this Agreement and the Services will continue month -to -month until terminated by either party upon expiration of thirty (30) days' written notice to the other party. 2. RATES, CHARGES, BILLING AND PAYMENT. Rates and charges, service levels and credits are described in the Service Agreement. Integra will notify Customer when Customer's circuit has been delivered and Installation of Service has occurred. Upon or prior to Installation of Service, Customer agrees to convert its services from its present provider, if any. Customer agrees that billing will commence with Integra's first regular billing cycle after Installation of Service regardless of Customer's actual conversion date. Monthly recurring charges ( "MRC ") will be billed in advance each month. Non - recurring charges ( "NRC ") will be billed on the first invoice after the Installation Date, or if the NRC are incurred after the Installation Date, or are usage based, such charges will be billed on the next invoice thereafter. Integra may bill Customer for billing corrections or adjustments for Services rendered within one hundred eighty (180) days from the date of Service unless a different period is required by applicable law, rule, regulation or order. Customer is responsible for payment of all charges associating with the Services, including without limitation, charges for originating and terminating calls to Customer's telephone number(s). Payments are due on the Payment Due By date set forth on the Integra invoice, provided, however, that no Payment Due By date is less than Net thirty (30) days. Customer must provide payment in full on Payment Due By date. If Customer believes it has been billed in error or otherwise disputes a charge, Customer must notify Integra within 90 days of the date of the invoice containing the disputed charge unless a different period is required by applicable law, rule, regulation or order. Customer's notice must specifically detail the dispute and provide supporting documentation for the amount in dispute. Integra will investigate all disputes and notify Customer of the results of its investigation and, if appropriate, credit Customer's account or notify Customer of denial of the dispute. Acceptance of payments of less than the full amount due, including an instrument tendered as full satisfaction of a debt, shall not be deemed, in the absence of a written agreement executed by both parties, an agreement on the part of Integra to accept less than the full amount due. Any tender of an instrument as full satisfaction of a debt, must be sent to the Legal Department of Integra. Integra may assess a late fee of 1.5% per month (not to exceed the maximum rate allowed under state law) on any undisputed balances not paid when due or any disputed balances later found to be correct. Late fees may be assessed, as of the original Payment Due By Date, against any disputed amount denied by Integra. Integra has the option to suspend Services and /or to pursue any and all other legal remedies until payment is made. Termination of Services may follow. Customer will pay any and all costs incurred in collection of rates and charges due and payable, including reasonable attorney's fees and all collection agency costs, whether or not a suit is instituted. All payments hereunder will be in U.S. currency. Page 1 of 8 v.RMSA3- 290611 18 This Agreement is subject to credit approval. Customer hereby authorizes Integra to conduct a credit search and agrees to provide Integra with information regarding payment history for communications services, number of years in business, financial statement analysis and commercial credit bureau rating. Integra may require Customer to tender a deposit up to the maximum permitted by law to guarantee payment hereunder. Such deposit may have, as an additional component, deposit for any Integra - provided Customer Premise Equipment. When Customer establishes acceptable credit history or upon termination of this Agreement, Integra will return the balance of the deposit, if any, to Customer along with interest as required by law. Integra shall not be liable for any third party charges arising from or related to the termination of any previous agreement for services or the failure of Customer to terminate any previous agreement for services. If any property owner, under which Customer is a tenant, assesses a fee against Integra in order to, or as a result of, the provisioning of any Services to Customer, Integra may pass through such charges to Customer. 3. POLICIES AND PROCEDURES. Integra may change its policies and procedures found at www.integratelecom.com upon thirty (30) days' notice to Customer. Use of Integra services after the thirty (30) day notice period shall be deemed consent to the changed policies and procedures. In addition, Integra may change its rates and other charges for various Services upon thirty (30) days' notice to Customer. In the event an increase in rates or charges for Services occurs, Customer shall have thirty (30) days to terminate the affected Services by written notice to Integra, without further obligation or early termination charges, other than payment for the Services used until the date of termination. Such termination shall be effective thirty (30) days after Integra's receipt of the termination notice. Failure to timely give notice of termination shall be deemed consent to the changed rates and charges. 4. FRAUD, TELEPHONE NUMBERS AND DIRECTORY LISTINGS. Customer is responsible for payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or unknown, to Customer. It is the Customer's obligation to take all measures to ensure against such occurrences. Telephone numbers are assigned to the business entity (Customer) named on the Service Agreement and not to any individual owner or operator of the business. Customer shall designate those individuals authorized to make changes to the Customer's account with Integra, including changes to the Services or to the telephone numbers in conformity with the Rules (as hereinafter defined). Integra shall be held harmless for any changes authorized by the individuals designated by Customer. Integra shall take all reasonable measures to provide Customer with continuation of existing telephone numbers. However, if Customer is changing location at the time of conversion or taking service for the first time at a location, Integra makes no warranties regarding assignment of particular telephone numbers to Customer. Integra shall not be liable to Customer for any change in, including loss of, telephone numbers if Customer is in default under this Agreement or the Service Agreement, or if such change or loss is due to actions of any vendor or supplier of services to Integra. Customer's reliance upon and /or use of any Service numbering information prior to installation and acceptance of Service is at the Customer's sole risk. Integra shall not be liable for any inaccurate or dropped listings of any publisher /directory database. Integra shall not be liable for any errors or omissions, whether arising through negligence or otherwise, in the information furnished to a publisher or to a directory database(s). Additional costs may be assessed for publisher /directory database listing charges. 5. TAXES, SURCHARGES, FEES AND ASSESSMENTS. Customer is responsible for payment of any and all federal, state and local taxes, surcharges, or fees, as may be imposed from time to time (excluding Integra income taxes). Integra will collect all such taxes, surcharges, and fees unless Customer provides Integra with proof of exemption. Customer will indemnify Integra for any and all costs, claims, taxes, charges, and surcharges levied against Integra relative to such exempt status. Surcharges and assessments, which are not required by regulatory agencies, but which Integra is permitted to charge to recover expenses, may be applied. All such charges will be set forth on a detailed invoice. Page 2 of 8 v.RMSA3- 290611 19 20 6. TARIFF APPLICATION. In the event of any conflict between any provision of this Agreement and any provision of an applicable filed tariff or price list, the provision of such filed tariff or price list will control. 7. COMPLIANCE WITH LAW. This Agreement is subject to all applicable federal, state, and local laws, regulations, rulings, orders and other actions of governmental agencies ( "Rules "), and the obtaining and continuance of any required approvals, authorizations, or tariffs or price lists filed with the FCC or any other governmental agency. Integra will use good faith reasonable efforts to obtain, retain, and maintain such approvals and authorizations. If any such Rule adversely affects the Services or requires Integra to provide Services other than in accordance with the terms of this Agreement, either party may, without liability to the other party, terminate the affected Services upon thirty (30) days prior written notice to the other party. In performing their obligations under this Agreement, the parties will comply with all applicable Rules, specifically including, but not limited to, the Rules governing 911/E -911 and any other emergency services. Subject to Integra's 911/E -911 policy (found at www.integratelecom.com), and unless otherwise specifically agreed, (a) Integra will provide Customer with the network connection for each circuit, billing telephone number (BTN) or trunk group that comprise the Services, and (b) Integra will provide the appropriate Public Safety Answering Point (PSAP) with the automatic location identification (ALI), including the same emergency response location, for all BTNs of the circuit or trunk group regardless of the number of lines, trunks, or unique telephone numbers on that circuit or trunk group. Customer will be responsible for providing all other 911/E -911 services as required by the Rules, including, but not limited to agreements with, and network or other connection to, the local PSAPs. Customer will maintain the necessary databases and update and transfer the ALI to the appropriate PSAPs. Integra is not responsible for and will not make any changes or submit updates to 911/E -911 databases for any services other than the one emergency response location as set forth above. Customer agrees to fully indemnify, defend, and hold harmless Integra, its officers, directors, parent, and affiliated companies, employees, agents and subcontractors from all liabilities, claims, fees, expenses, costs or damages of any kind arising out of personal injury or death or damage to property related to Customer's failure to meet any 911/E911 requirements or agreements. 8. SERVICES, MAINTENANCE AND UPGRADE OF FACILITIES. Services will meet industry standards. Integra will maintain its facilities and equipment used to provide the Services as set forth in its policies and procedures, at no additional charge to Customer, except where work or service calls result from failure or malfunction in, or improper operation of, or improper operation of, any third party's facilities and /or equipment after the Demarcation Point or Customer's facilities and /or equipment. In such event, Customer will reimburse Integra for the cost of the required maintenance at Integra's standard time and material rate plus any taxes imposed upon Integra related to such maintenance, and Customer shall be responsible for the cost of repair or replacement of Integra equipment that is damaged by Customer's actions or equipment. Integra reserves the right to suspend Service for scheduled maintenance or planned enhancements or upgrades upon twenty -four (24) hours' notice to Customer or to suspend Service for emergency repairs to Integra's network without notice to Customer. Integra equipment will remain the sole and exclusive property of Integra or Integra's assignee. Customer will not tamper with, remove or conceal any Integra identifying plates, tags or labels. Customer will indemnify, hold harmless and defend Integra against any liens placed on Integra equipment due to Customer's action or inaction. Any lien will be discharged by Customer within ten (10) days of notice of filing. Failure to discharge any such lien is a material breach of this Agreement, and may result in immediate termination. Customer will provide equipment compatible with the Services and Integra's network and facilities. Customer will bear the costs of any additional apparatus reasonably required to be installed because of the use of Integra's network or facilities. Upon termination of the Service, Customer shall, upon notice from Integra, return the Integra provided equipment to Integra, in accordance with the instructions in the notice. Customer's damage to the equipment or failure to return the equipment, including but not limited to the battery pack, as directed, shall constitute Customer acceptance of ownership of and responsibility for the equipment and Integra may invoice Customer for the then fair market value of such equipment. Integra reserves the right to substitute, change or rearrange any equipment used in delivering Services that does not affect the quality, cost or type of Services. Integra will manage its network in Integra's sole discretion. Customer will provide all reasonable information, authorizations, and access Page 3 of 8 v.RMSA3- 290611 required by Integra for the purpose of installing Services, performing routine network grooming, maintenance, upgrades, and addressing emergencies. 9. SERVICE INTERUPTION CREDITS. Credits are subject to the limitation of liability set forth in Section 10, and shall only be given for disruption of Services (a "Service Outage ") and claimed in accordance with this Section. Upon request; but not later than thirty (30) days after the Service Outage, and after approval by Integra, Customer shall be entitled to a credit for a Service Outage, which is defined as any Service disruption that exceeds twenty -four (24) hours and for which Integra is the sole cause of such disruption and such disruption is not the result of (i) scheduled maintenance that occurs between the hours of eleven pm and six am; (ii) planned enhancements, (iii) upgrades, (iv) failure or malfunction in, or improper operation of, any third party's facilities and /or equipment after the Demarcation Point or Customer's facilities and /or equipment. Such credit shall be based upon the ratio of the duration of the Service Outage (measured from the time the interruption is reported to or detected by Company, whichever occurs first) to the total time in a thirty (30) day month. That ratio, multiplied by the monthly rate for the service affected shall determine the amount of the credit allowance. No credit shall be owed for any disruption resulting from a Force Majeure event. EXCEPT AS PROVIDED IN THE LAST PARAGRAPH OF SECTION 15, CUSTOMER'S RIGHT TO CREDITS AS PROVIDED IN THIS AGREEMENT SHALL BE CUSTOMER'S SOLE REMEDY WITH REGARD TO SERVICE OUTAGES. If a Customer fails to notify Integra in the manner set forth herein with respect to the applicable service credits within thirty (30) days of the Service Outage, Customer will have waived its right to such service credits for that month. Customer's total service credit(s) in any one month will not exceed one (1) month's MRC for the affected Service for that month, and do not apply to the MRC's of any other Services. The credits outlined above shall not be compounding, but shall be distinguished by the degree of impairment based on a degradation or a complete disruption of Service such that for any particular Service Outage. Customer may be eligible for credits for a Service Outage under multiple provisions of this Agreement or any Service Order or Addendum; but Customer shall not be entitled to claim more than one credit for any Service Outage. To be eligible for service credits, the Customer must be in good standing with Integra and current in all of its obligations. 10. DISCLAIMER /LIMITED WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, INTEGRA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INTEGRA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. 11. LIMITED LIABILITY. EXCEPT AS PROVIDED IN THE LAST PARAGRAPH OF SECTION 15, CUSTOMER'S RIGHT TO CREDITS AS PROVIDED IN THIS AGREEMENT SHALL BE CUSTOMER'S SOLE REMEDY WITH REGARD TO SERVICE OUTAGES. INTEGRA'S LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES AND /OR THIS AGREEMENT, WILL BE SOLELY LIMITED TO AN AMOUNT NO GREATER THAN THE AMOUNTS PAID BY CUSTOMER TO INTEGRA DURING THE MONTH OF THE OCCURANCE OF ANY CLAIM. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR LOSS OF USE, INCOME OR PROFITS, LOSS OF REVENUES, LOSS OF SAVINGS OR HARM TO BUSINESS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, REGARDLESS OF THE FORSEEABILITY THEREOF. 12. CUSTOMER WARRANTIES. (a) The Customer represents and warrants that it is an entity, duly organized, validly existing and in good standing under the laws of its origin, with all requisite power to enter into and perform its obligations under this Agreement in accordance with its terms; (b) Customer represents and warrants that neither its equipment nor facilities will pose a hazard to Integra's equipment or facilities or create a hazard to Integra's personnel or customers or the public in general; (c) Customer represents and warrants that its use of the Services will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this Agreement and it will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities; (d) Customer represents and warrants that it will not resell all or a portion of the Service(s) provided by Integra under this Agreement. Customer will indemnify and hold Integra Page 4 of 8 v.RMSA3- 290611 21 22 harmless from any and all loss, liability, claim, demand, and expense (including reasonable attorneys' fees) related to Customer's violation of this Section. 13. CONFIDENTIAL INFORMATION. Customer Proprietary Network Information ( "CPNI ") shall only be disclosed in accordance with the Rules and Integra's policies and procedures. In addition to the foregoing, the parties may have access to certain information, the ownership and confidential status of which is highly important to the other party and is treated or designated by one of the parties as confidential (herein referred to as "Confidential Information "). Except to the extent required by any applicable law, order, rule or regulation, neither party will disclose the other party's Confidential Information, directly or indirectly under any circumstances, to any third person without the express written consent of the other party, and neither party will copy, transmit, reproduce, summarize, quote, or make commercial or other use whatsoever of the other party's Confidential Information. Each party will exercise the highest degree of care in safeguarding the other party's Confidential Information against loss, theft, or other inadvertent disclosure and take all steps necessary to maintain such confidentiality. In the event that a party is required by any applicable law, order, rule or regulation to disclose the other party's confidential information, the party required to make such disclosure shall use its reasonable best efforts to give prior notice to the other party to the extent permitted by law. 14. INDEMNIFICATION. Customer will indemnify, hold harmless, and defend Integra, its officers, directors, parent and /or affiliated companies, employees, agents and subcontractors from liabilities, claims or damages and expenses whatsoever (including reasonable attorney's fees) arising out of or in connection with Customer's use of the Services and /or Customer's end -users or third parties use of the Services, resale, or sharing of the Services. Customer's indemnification obligations do not apply to claims for damages to real or tangible personal property or for bodily injury or death which is caused by Integra's negligence. Integra shall defend, indemnify and hold the Customer, its officers, agents, officials, employees and volunteers harmless from any and all claims for damages, including attorney fees, arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Integra in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Integra and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Integra's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Integra'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. 15. DEFAULT/TERMINATION. Customer's use of the Services provided herein and any equipment associated therewith will not: (a) interfere with or impair service over Integra's network; (b) impair privacy of any communications over such network; (c) cause damage of any nature to Integra's assets or customers; (d) be used to frighten, abuse, torment or harass, or create hazards to Integra or its network; (e) be used for a high volume of short duration calls, regardless of nature (high volume short duration calls are defined as 10% of total outbound calls that are six seconds or less in duration) or (f) violate the provisions of any of Integra's policies and procedures, including Integra's 911/E -911 policy. Integra may immediately suspend or terminate, without liability, the Services for any violation of these provisions. If Services are suspended pursuant to this Section 15, reconnection charges may apply. Except as set forth above, if either party violates any provision of this Agreement the non - defaulting party may send the defaulting party written notice detailing the default. The defaulting party will have: (a) ten (10) days from the date of the written notice to cure a payment default, or (b) thirty (30) days from the date of the written notice to cure a non - payment default. If the defaulting party fails to cure, the non - defaulting party may upon notice or pursue any and all other legal remedies. This Agreement also may be terminated by either party in accordance with the provisions of the then current tariff or price list. Page 5 of 8 v.RMSA3- 290611 In addition to Integra's termination or suspension rights for Customer's violation of Section 15(e), Integra may, in its sole discretion, assess a higher rate for a high volume of short duration calls to reflect Integra's increased costs. If Customer terminates this Agreement or all or any part of the Services at any time prior to the end of the Services Term, or if Integra terminates this Agreement as a result of Customer's breach, Integra may charge Customer an early termination fee equal to and including any or all of the following: 100% of the total MRC, surcharges and taxes for the Services Term then remaining, plus any unpaid activation, installation and /or special construction charges, and all other fees or costs, whether previously waived or not, less amounts already paid. Customer acknowledges that Integra's damages for early termination would be difficult to determine and the termination charge(s) constitutes liquidated damages and is not intended as a penalty, but is intended as a mutually- agreed upon amount representing, but not limited to, lost revenue, proportionate or actual third party costs and capital expenditures, and internal costs. All such amounts will become immediately due and payable by Customer to Integra. Customer will not be liable for the early termination fees set forth above if Integra breaches the Agreement or if Customer orders from Integra, at the time of Service termination, services of equal or greater MRC than the Services terminated and the new services are approved by Integra. Separate recovery for the same damages is not permitted under this Agreement by either party. 16. FORCE MAJEURE. In the event that either party's performance is delayed, prevented, or inhibited because of any Act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, destruction or shut -down of facilities, shortage or curtailment, riot, insurrection, governmental acts or directives, any full or partial failure of any third party communications or computer network or any other cause beyond such party's reasonable control ( "Force Majeure"), the party's performance will be excused and the time for the performance will be extended for the period of delay or inability to perform resulting from such occurrence. The occurrence of such an event will not constitute grounds for a declaration of default by either party hereunder; however in the event that such Force Majeure event continues for in excess of thirty (30) days, the party that is not the subject of the Force Majeure event may terminate the Services that are the subject of the Force Majeure event without liability. 17. INSURANCE. Integra shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the Services and its agents, representatives, employees or subintegras. Integra's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of Integra to the coverage provided by such insurance, or otherwise limit Customer's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Integra shall obtain insurance of the types and with the limits described below: 1. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or an equivalent form and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. Customer shall be named as an insured under the Integra's Commercial General Liability insurance policy with respect to the Services performed for Customer using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Page 6 of 8 v.RMSA3- 290611 23 24 B. Other Insurance Provision. The Integra'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 Customer. Any insurance, self- insurance, or insurance pool coverage maintained by Customer shall be excess of the Integra's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Integra shall furnish Customer 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 Integra before commencement of the work. E. Subcontractors. The Integra shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Integra shall provide Customer and all Additional Insureds for this work with written notice of any policy cancellation, within ten (10) business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Integra to maintain the insurance as required shall constitute a material breach of contract, upon which Customer may, after giving ten business days' notice to the Integra to correct the breach, immediately terminate the contract 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 Customer on demand, or at the sole discretion of Customer, offset against funds due the Integra from Customer. 1. GENERAL. Except as otherwise permitted herein, any amendment must be in writing and signed by the parties hereto. Electronic or Facsimile copies of this Agreement and any amendments or modification hereto, including electronic or facsimile signatures, will be accepted by the parties as originals. The failure of either party to insist upon the performance of any provision or to exercise any right granted hereunder, will not be construed as a waiver of such provision(s), and the same will continue in full force. If any provision hereof is held to be invalid, void, or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof, and the remainder of the provisions will nevertheless remain unimpaired and in effect and remain fully enforceable. All notices to Customer under this Agreement will be in writing and will be made by one or more of the following methods: regular mail, overnight delivery, certified mail, electronic mail, on Customer's invoice, or by facsimile transmission with receipt verification. Notices will be sent to the address of record, and in the event of multiple addresses, to the address of the parent account. In the case of a notice to Integra, all notices under this Agreement will be in writing and will be made by personal delivery, overnight delivery, or certified mail with a copy to the Legal Department,1201 NE Lloyd Blvd., Suite 500, Portland, OR 97232 FAX NO. 503 - 453 -8223. Delivery will be deemed to occur upon receipt. The various rights and remedies given to or reserved by either party herein or allowed by law, are cumulative, and no delay or omission to exercise any of its rights will be construed as a waiver of any default or acquiescence, nor will any waiver of any breach or any provision be considered to condone any continuing or subsequent breach of the same provision. Customer may not assign its obligations hereunder without the prior written consent of Integra, which will not be unreasonably withheld. This Agreement will be governed by and interpreted in accordance with the laws for the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Nothing in this Agreement is intended to, or shall be construed, as creating a partnership or any third -party beneficiaries. The provisions of Sections 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and this Section 18 shall survive termination. Accepted and Agreed as of the — day of , 201_. Page 7 of 8 v. R MSA3- 290611 CUSTOMER: By: Name: Title: Page 8 of 8 v.RMSA3-290611 111-- 11- ;3-- 25 26 0) E .y W 0) E W Integra Monthly Charges Total ('ha ran r- o o (0 l0 N 01 O1 O ■ 00 00 W Ln 0) 0 E 0 z Sentemher a c .Q Q L V n) f0 a) 01 LL ro C ro 0 O ro V 0 Q1 00 01 00 0 0 N 0 l0 0 0 N 0 0 (1) a 00 00 O 0 (0 a 0 0 W 4 yr 0▪ 1 O N d VT W oo O N V 01 1-i 00 N N R 00 01 -1 00 V 2/ 28 FINANCE AND SAFETY COMMITTEE Meeting Minutes December 4, 2012 — 5 :15p.m.; Conference Room #3 Cit o Tukwila Finance and Safety Committee PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: Jack Pace, David Cline, Trish Kinlow, Mindy Breiner, Peggy McCarthy, Vicky Carlson, Stephanie Brown, Kim Gilman, Erika Eddins, Mary Miotke, Bob Giberson, Gail Labanara, Cyndy Knighton and Kimberly Matej CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:19 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Renewal: Phones Services with Integra Telecom Staff is seeking Council approval to enter into a two -year agreement (Master Service Agreement) with Integra Telecom for phone services in an amount not to exceed $120,000. The current contract expired in June 2012, and services have been provided on a month -to -month basis since that time. Interga Telecom currently provides telephone services for the City's Voice Over Internet Protocol (VoIP) phone system. All City locations function on the same system, and are serviced by the same vendor. There are no substantive changes in the new agreement; however, there is an addendum that guarantees contract pricing and reimbursements of overage charges since July, pending contract renewal. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 SPECIAL MEETING CONSENT AGENDA. B. Interlocal Agreement: City of SeaTac for Probation Services Staff is seeking Council approval to enter into an Interlocal Agreement (ILA) to provide probation and jail alternative services to the City of SeaTac. The cities have an existing ILA for these services which went into effect on April 2012. The current agreement is set to expire on December 31, 2012. The ILA outlines SeaTac's use of Tukwila's probation services in order to increase probation availability, services and jail alternatives to their court customers. The current agreement has been beneficial for both cities. Staff estimates to receive $70,000 annually during the term of the 2013 -2014 Interlocal Agreement. As a reminder, SeaTac will still remain the presiding court for SeaTac related offenses. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 SPECIAL MEETING CONSENT AGENDA. C. Status of Non - Represented Position Reviews As outlined in Resolution No. 1769, staff returned to Committee to present information that was gathered as a result of research conducted on the reclassification evaluation of unrepresented positions which fell ± 5% outside of band compensation. Staff shared that the identified industry standard for position compensation ranges is as follows: • Within ± 5% is considered to be at market • Within ± 10% is considered near market • Within ± 15% is considered to be misaligned with the market 29 30 COUNCIL AGJ- NDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Coun ii review 12/10/12 LK l/ ) [ I Resolution Mtg Date I I Ordinance Mtg Date I I Bid Award Mfg, Date I I Public Hearing Mfg Date I I Other Alt; Date C.v1.1 GORY 11 Di.rcu 11 Altg Date Mtg SPONSOR I Council I HR n DCD Li Finance I Fire n IT I Pe%R H Police I I PIP ITEM INFORMATION ITEM No. b STAFF SPONSOR: LATRICIA KINLOW ORIGINM,AGIND:\ DAm: 12/10/12 G1.1NI),\ I'rI ;tiTI•I'1.1; Interlocal Agreement between City of Tukwila and the City of SeaTac for Probation Services r on 12/10/12 Motion/ Consent Date 12/10/12 [ I Resolution Mtg Date I I Ordinance Mtg Date I I Bid Award Mfg, Date I I Public Hearing Mfg Date I I Other Alt; Date C.v1.1 GORY 11 Di.rcu 11 Altg Date Mtg SPONSOR I Council I HR n DCD Li Finance I Fire n IT I Pe%R H Police I I PIP ►1 Mayor SPONSOR'S The City of SeaTac has agreed to contract municipal court probation services with the City SU \IM; \RY of Tukwila. The interlocal, drafted by Tukwila's City Attorney, was approved by the City of SeaTac for placement on their 12/10/12 Consent Agenda. We are asking the Council to approve this agreement and forward to the Mayor of Tukwila for signature. RI:.v I I {\W'U,D PV I I COW Mtg. n CA &P Cmte Li Utilities Cmte I I Arts Comm. DATE: 12/4/12 11 F &S Cmte Transportation Cmte Comm. — Planning Comm. CHAIR: QUINN - I I Parks COMMI'I'1'EE RECOMMENDATIONS: SPONSOR /ADMIN. COMMI TUKWILA MUNICIPAL COURT tT E Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE E \PI NDI"I'URI S RI SQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,500 - $30,000 $ $ Fund Source: REVENUE FROM THIS INTERLOCAL AGREEMENT Comments: Revenue is estimated at $70,000 per year, MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/10/12 Informational Memorandum dated 11/28/12 Draft Interlocal Agreement Minutes from the Finance and Safety Committee meeting of 12/4/12 Qi 32 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM MAYOR HAGGERTON FINANCE & SAFETY COMMITTEE FROM: KIMBERLY A. WALDEN, PRESIDING JUDGE BY: LATRICIA KINLOW, COURT ADMINISTRATOR DATE: NOVEMBER 28, 2012 SUBJECT: INTERLOCAL AGREEMENT — City of Tukwila and City of SeaTac for Probation Services ISSUE SeaTac Municipal Court is requesting to enter into a two year Interlocal Agreement with the City of Tukwila for probation services. The current ILA went into effect in April 2012 and ends December 31, 2012. A two year agreement is in line with Tukwila's biennial budget for 2013- 2014. BACKGROUND Tukwila Municipal Court's Misdemeanant Probation Division is highly respected throughout the Washington State judiciary. This team, consisting of Mindy Breiner (Probation Officer) and Kerry Carlson (Jail Alternative Specialist), is known for their innovative ways of providing probation services. They are often sought -out by other municipal courts as a resource for dealing with probation related issues. SeaTac desires to avail itself of their services. SeaTac Municipal Court approached Tukwila Municipal Court to discuss the possibility of having probation services provided by Tukwila. We discussed the scope of services, the caseload impact on the Tukwila probation staff, as well as the benefits this service provides for both municipal courts. Tukwila's City Attorney drafted the attached interlocal agreement and SeaTac's City Council approved the signing of the agreement. The scope of service and details of the compensation for probation services are provided in Exhibits A and B of the interlocal agreement. The interlocal also specifies the indemnification for both the City of Tukwila and the City of SeaTac. FINANCIAL IMPACT To support this ILA, Tukwila Municipal Court increased the Jail Alternative position from a .50 FTE position to a .75 FTE. The expense for the increase in this position is covered from the revenue received from SeaTac for probation services. Since entering into this agreement in April of 2012 SeaTac has remunerated over $55,000 to the City of Tukwila. Exhibit B of the agreement details the costs and fees SeaTac will remit to Tukwila for probation services. We estimate revenue at $70,000 per year for the 2013 -2014 budget cycle. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the ILA and to forward the agreement to the Consent Agenda of the December 10, 2012 Special Meeting for approval. ATTACHMENTS Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation Services. 33 34 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATAC FOR PROBATION SERVICES THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tukwila ( "Tukwila ") and the City of SeaTac ( "SeaTac "), for SeaTac's utilization of Tukwila's Probation Services ( "Service "). WHEREAS, Tukwila currently provides Probation Services (the "Service ") for its Municipal Court; WHEREAS, SeaTac desires to avail itself of the Service; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between Tukwila and SeaTac as follows: 1. Statement of Purpose. The purpose of this agreement is to define the parameters of SeaTac's utilization of Tukwila's Probation Services, which is administered by Tukwila Municipal Court. 2. Scope of Services. SeaTac hereby engages Tukwila to perform the services described in Exhibit A, Scope of Services, attached hereto and incorporated herein. During the term of this Agreement SeaTac or Tukwila may request changes in the Scope of Services. Any such change requires the mutual agreement of the parties and shall be effective upon execution of a written amendment. 3. Compensation. SeaTac agrees to pay the costs and fees set forth in Exhibit B, Cost and Fee Schedule, attached hereto and incorporated herein. Tukwila shall submit a monthly invoice to SeaTac Municipal Court for all probation services and administrative costs due. Payment shall be due within 30 days of the date of the invoice. 4. Duration. This Agreement shall take effect on January 1, 2013 and shall remain in effect through December 31, 2014. 5. Termination. Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. In the event that this Agreement terminates prior to December 31, 2014, SeaTac Municipal Court will invoice Tukwila Municipal Court within 30 days of termination of the Agreement for reimbursement for services paid by SeaTac Municipal Court but not yet rendered by Tukwila Municipal Court. Such invoice should include a detailed list of case numbers and defendants names. Interlocal Agreement - 1 35 6. Amendments. This agreement may be changed only by written amendment between SeaTac and Tukwila. Both parties will cooperate in preparing any documentation necessary to seek approval or to amend this agreement. 7. Independent Contractors. This Agreement shall not constitute, create, or otherwise imply an employment, joint venture, partnership, agency or similar arrangement. Each party to this Agreement shall act as an independent contractor, and neither party shall have the power to act for or bind the other party except as expressly provided for herein. No income, social security, state disability or other federal or state payroll tax shall be deducted from payments made to Tukwila under this Agreement. Tukwila's services shall be exempt from State sales, use or similar taxes. Tukwila may provide services to others during the same period Tukwila provides service to SeaTac under this Agreement. 8. Indemnification. A. SeaTac shall indemnify and hold harmless Tukwila and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of SeaTac, its officers, agents and employees, or any of them relating to or arising out of the performance of this Agreement; and if final judgment be rendered against Tukwila and its officers, agents and employees or any of them, or jointly against the Tukwila and SeaTac and their representative officers, agents and employees, or any of them, SeaTac shall satisfy the same to the extent that such judgment was due to SeaTac's negligent act or omissions. B. Tukwila shall indemnify and hold harmless SeaTac and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of Tukwila, its officers, agents and employees, or any of them relating to or arising out of the performance of this Agreement; and if final judgment be rendered against SeaTac and its officers, agents and employees or any of them, or jointly against SeaTac and Tukwila and their representative officers, agents and employees, or any of them, Tukwila shall satisfy the same to the extent that such judgment was due to the Tukwila's negligent act or omissions. 9. Governing Law and Venue. This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County. Interlocal Agreement - 2 36 10. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner. 11. Correspondence and Notices. All correspondence and notices related to this agreement shall be delivered or mailed to the following addresses: Tukwila: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, WA 98188 SeaTac: SeaTac Municipal Court 4800 South 188th Street SeaTac, WA 98188 IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement: Tukwila Municipal Court SeaTac Municipal Court Kimberly Walden, Presiding Judge Elizabeth Bejarano, Presiding Judge Date: Date: City of Tukwila City of SeaTac Jim Haggerton, Mayor Todd Cutts, City Manager Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney Interlocal Agreement - 3 37 EXHIBIT A SCOPE OF SERVICES Tukwila Probation Services Tukwila agrees to provide the following services: To the degree permitted by law and ordered by SeaTac Municipal Court: 1. Provide supervised probation, monitored probation, deferred prosecution monitoring, and Pre - Sentence Investigations as ordered by the SeaTac Municipal Court ( "Court"). 2. Provide Jail Alternative services as ordered by the Court, including day reporting, community work, and electronic home detention. 3. Attend review calendars at the Court on the first (1st) Thursday of each month. 4. Assist the Court Administrator in developing a policy and procedure manual for SeaTac Probation. SeaTac agrees to provide the following services under this Agreement: 1. Provide Tukwila access to CaseloadPro case management system for two users. 2. Provide Tukwila with two key cards for access to Court offices. 3. Provide an appropriate meeting space in SeaTac City Hall for Tukwila Probation Services to use as an alternate location. 4. Provide Tukwila with JIS user names and passwords for all Tukwila Probation Services staff. 5. Refer all appropriate cases to Tukwila for the provision of those services indicated by this Agreement. 6. Provide payment to Tukwila for services rendered pursuant to Exhibit B, Costs. Interlocal Agreement - 4 38 EXHIBIT B COST AND FEE SCHEDULE PAYMENTS TO TUKWILA SeaTac shall be charged the following amounts for Tukwila Probation Services: Probation Services: Supervised Probation Monitored Probation Deferred Prosecution Pre - Sentence Investigation Jail Alternative Fees: Referral Fee Day Reporting Community Work Electronic Home Detention (non - alcohol related) Electronic Home Detention (alcohol related) Administrative Costs Monthly Probation Administrative Fee Interlocal Agreement - 5 $300.00 per case, per year $200.00 per case, per year $1200.00 per case $150.00 per case $25.00 per case $10.00 per case, per day $10.00 per case, per day $10.00 per case, per day plus $10.00 one -time processing $14.00 per case, per day plus $10.00 one -time processing fee $200.00 per month 39 40 FINANCE AND SAFETY COMMITTEE Meeting Minutes December 4, 2012 — 5:15p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De' Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: Jack Pace, David Cline, Trish Kinlow, Mindy Breiner, Peggy McCarthy, Vicky Carlson, Stephanie Brown, Kim Gilman, Erika Eddins, Mary Miotke, Bob Giberson, Gail Labanara, Cyndy Knighton and Kimberly Matej CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:19 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Renewal: Phones Services with Integra Telecom Staff is seeking Council approval to enter into a two -year agreement (Master Service Agreement) with Integra Telecom for phone services in an amount not to exceed $120,000. The current contract expired in June 2012, and services have been provided on a month -to -month basis since that time. Interga Telecom currently provides telephone services for the City's Voice Over Internet Protocol (VoIP) phone system. All City locations function on the same system, and are serviced by the same vendor. There are no substantive changes in the new agreement; however, there is an addendum that guarantees contract pricing and reimbursements of overage charges since July, pending contract renewal. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 SPECIAL MEETING CONSENT AGENDA. B. Interlocal Agreement: City of SeaTac for Probation Services Staff is seeking Council approval to enter into an Interlocal Agreement (ILA) to provide probation and jail alternative services to the City of SeaTac. The cities have an existing ILA for these services which went into effect on April 2012. The current agreement is set to expire on December 31, 2012. The ILA outlines SeaTac's use of Tukwila's probation services in order to increase probation availability, services and jail alternatives to their court customers. The current agreement has been beneficial for both cities. Staff estimates to receive $70,000 annually during the term of the 2013 -2014 Interlocal Agreement. As a reminder, SeaTac will still remain the presiding court for SeaTac related offenses. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 SPECIAL MEETING CONSENT AGENDA. C. Status of Non - Represented Position Reviews As outlined in Resolution No. 1769, staff returned to Committee to present information that was gathered as a result of research conducted on the reclassification evaluation of unrepresented positions which fell ± 5% outside of band compensation. Staff shared that the identified industry standard for position compensation ranges is as follows: • Within ± 5% is considered to be at market • Within ± 10% is considered near market • Within ± 15% is considered to be misaligned with the market 41 42 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/03/12 DCS (' I' 12/10/12 DCS ❑ Bid Award Mtg Date (-t n ❑ Other Mtg Date CATEGORY // Discussion /1 Mtg Date Mtg Mtg Date 12/3/12 SPONSOR ❑ Council ITEM INFORMATION ITEM NO. STAFF SPONSOR: DEREK SPECK ORIGINAL, AGENDA DATE: 12/3/12 AGENDA ITEM TITLE Tukwila Village Development Agreement (DA) 12/3/12 Motion Date 12/10/12 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date /1 Public Hearing ❑ Other Mtg Date CATEGORY // Discussion /1 Mtg Date Mtg Mtg Date 12/3/12 SPONSOR ❑ Council ❑ HR ❑ DCD ❑ Finance (l Fire ❑ IT ❑ P&R ❑ Police ❑ PW A Mayor SPONSOR'S The City Council is being asked to approve a Development Agreement between the City SUMMARY and Tukwila Village Development Associates in order to provide more certain and specific development standards for Tukwila Village. The Council is being asked to conduct a public hearing and review and discuss the DA at the December 3 meeting this evening and then forward it on to the December 10 Committee of the Whole and Special Meeting to follow for approval. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DA'Z'E: ❑ F &S Cmte ❑ Parks ❑ Transportation Cmte - Comm. ❑ Planning Comm. CHAIR: COMMI I"1'EE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Mayor COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/3/12 Forward to December 10, 2012 meeting. MTG. DATE ATTACHMENTS 12/3/12 Informational Memorandum dated 11/28/12 Draft Ordinance adopting the Development Agreement Draft Development Agreement Preliminary Site Plan 12/10/12 Ordinance in final form with Development Agreement en 44 City DiJk;wi1a Washington Ordinance No, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED TUKWILA VILLAGE DEVELOPMENT AGREEMENT WITH TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties; and WHEREAS, the Tukwila Village development consists of approximately 164,000 square feet of land plus approximately 23,000 square feet of 41st Avenue right -of -way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres; and WHEREAS, Tukwila International Boulevard is part of the Pacific Highway Transportation Corridor shown as Figure 15 in the City's Comprehensive Plan and was identified as the highest priority for City action during the Vision Tukwila process; and WHEREAS, Goal 8.2 of the City's Comprehensive Plan includes implementation strategies to make the Pacific Highway Transportation Corridor an attractive, safe and profitable place to live, do business, shop, and work including, among other things, making improvements to encourage pedestrian and transit travel; enhance the local commercial, residential and pedestrian character; develop a strategic and financial plan to facilitate public and private investment; and provide flexibility in the application of design standards in order to encourage pedestrian- oriented development; and W: Word Processing \Ordinances \Tukwila Village DA 11 -13 -12 DS:bjs Page 1 of 5 45 WHEREAS, Goal 8.2.22 of the City's Comprehensive Plan provides for the establishment of an overlay district in the designated urban renewal area, generally between South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South, that may allow increased building heights, reduced residential parking requirements, and other alternative development standards, subject to specific criteria, in order to encourage well- designed, compact, transit - oriented and pedestrian - friendly redevelopment to activate the community along Tukwila International Boulevard; and WHEREAS, in furtherance of the policies and goals of the City Comprehensive Plan and, in particular, Goal 8.2.22, the City Council enacted City Ordinance No. 2257, codified in Chapter 18.43 of the Tukwila Municipal Code, creating the Urban Renewal Overlay District and associated supplemental development standards and criteria; and WHEREAS, the intent of the establishment of the Urban Renewal Overlay District was to activate the community along Tukwila International Boulevard by adopting supplemental development standards and criteria that encourage investment in the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit - oriented development pattern including neighborhood services and pedestrian - friendly commercial and residential improvements with high quality materials and design; and WHEREAS, the adoption of supplemental development standards and criteria providing for taller building heights and reduced parking requirements was intended to make urban densities and amenities more likely, while the impact upon residential areas resulting therefrom would be lessened by requiring development along Tukwila International Boulevard, more significant structured parking and pedestrian - friendly amenities; and WHEREAS, to encourage redevelopment within the Pacific Highway Transportation Corridor, the City began assembling property within the Urban Renewal Overlay District for future development through a public /private partnership; and WHEREAS, the assembled property now comprises "Tukwila Village" and the Tukwila Village development; and WHEREAS, in 2007 the Tukwila City Council adopted the following vision statement for Tukwila Village: Tukwila Village will be a welcoming place where all residents can gather and connect with each other. This mixed -use development will draw upon Tukwila's strengths and include a library, a neighborhood police resource center, retail, restaurants, public meeting space, and an outdoor plaza. The Village may also include office, live /work, and residential space. This active, vibrant place will set high standards for quality and foster additional neighborhood revitalization and civic pride. ; and VV: Word Processing \Ordinances\Tukwila Village DA 11 -13 -12 4 6 DS:bjs Page 2 of 5 WHEREAS, on March 30, 2011, the City issued a request for qualifications for a proposal to develop the Tukwila Village property and on June 6, 2011 the City Council selected Tukwila Village Development Associates, LLC, ( "Developer ") as the most qualified among the applicants to develop the Tukwila Village property; and WHEREAS, on October 22, 2012, the City Council authorized the Mayor to execute a disposition and development agreement (the "DDA ") with Developer, which agreement was fully executed by and between the parties on the 30th day of October, 2012 and grants to Developer the right to control and redevelop the property described therein subject to the terms and conditions of the DDA and in a manner consistent with the goals and policies of the Comprehensive Plan; and WHEREAS, the DDA contemplates at Section 2.7 that the parties will, pursuant to the applicable provisions of state law and City code, enter into a development agreement to set forth the development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of the Tukwila Village property for the duration specified in such development agreement; and WHEREAS, the DDA further contemplates at Section 2.7 that certain development standards will be implemented pursuant to the development agreement in order to facilitate redevelopment of the Tukwila Village property; and WHEREAS, pursuant to Ordinance No. 2378 (codified in TMC Chapter 18.86) the City Council enacted standards and procedures for approval of development agreements authorized pursuant to RCW 36.70B.170, et seq.; and WHEREAS, TMC Section 18.86.030 provides that a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards; and WHEREAS, TMC Section 18.86.030 further provides that any approved development standards that differ from those in the City code shall not require any further zoning reclassification, variance from City standards or other City approval apart from development agreement approval, and that development standards as approved through a development agreement shall apply to and govern the development and implementation of each covered site in lieu of any conflicting or different standards or requirements elsewhere in the Tukwila Municipal Code; and WHEREAS, in furtherance of Section 2.7 of the DDA, Developer made application to the City for approval of a development agreement; and W: Word Processing \Ordinances \Tukwila Village DA 11 -13 -12 DS:bjs Page 3 of 5 47 48 WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was conducted on the 3rd day of December 2012 to take public testimony regarding the proposed development agreement; and WHEREAS, the City Council, having considered the public testimony, the staff report, the DDA, and all other documents and records material hereto, finds and concludes that the proposed development agreement is consistent with the City's Comprehensive Plan and the Tukwila Village vision statement, will promote the goals and objectives of the Comprehensive Plan to revitalize the area in and around Tukwila Village, the conditions for approval as set forth at TMC Section 18.86.060 have been met, and the development standards set forth herein that differ from those otherwise imposed under the Tukwila Municipal Code are necessary and reasonable in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards; and WHEREAS, the City Council finds that it is in the public interest to approve the proposed Tukwila Village Development Agreement in substantially the form and content as set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to TMC Section 18.86.080, the decision of the City Council to approve or reject Developer's request for a development agreement is a discretionary, legislative act; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by this reference as though fully set forth herein and are adopted as findings of fact and conclusions of the City Council. Section 2. Approval of Tukwila Village Development Agreement. Pursuant to RCW 36.70B.170, et seq. and TMC Chapter 18.86, the proposed Tukwila Village development agreement attached hereto as Exhibit "A" is hereby approved and shall govern development of the property for the term as set forth therein. Section 3. Execution. The Mayor is hereby authorized on behalf of the City to execute the proposed development agreement in substantially the form and content of the proposed development agreement attached hereto as Exhibit "A ". Section 4. Corrections by City Clerk or Code Reviser. 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. W: Word Processing \Ordinances \Tukwila Village DA 11 -13 -12 DS:bjs Page 4 of 5 Section 5. 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 6. 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 Special Meeting thereof this day of , 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Exhibit A — Development Agreement W: Word Processing \Ordinances \Tukwila Village DA 11 -13 -12 DS:bjs Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 5 of 5 49 50 DEVELOPMENT AGREEMENT FOR THE TUKWILA VILLAGE DEVELOPMENT PROJECT THIS DEVELOPMENT AGREEMENT (this "Development Agreement ") is entered into as of the day of , 2012 by and between the City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non - charter code city (the "City "), and Tukwila Village Development Associates, LLC, a Washington limited liability company (the "Developer "), pursuant to the authority of RCW 36.70B.170 et seq and Chapter 18.86 of the Tukwila Municipal Code, and in consideration,,of the mutual benefits to be derived. The City and Developer are sometimes collectively referred to in this Development Agreement as the "Parties," and individually as a "Party." The Parties`'have entered into this Development Agreement with reference to the following facts: L RECITALS WHEREAS, RCW 36.70B.170, et seq. and. TMC Ch. 18.86 authorizes development agreements between the City and persons having ownership or' control of real property in order to establish development standards to govern and vest the' development, use acid mitigation of real properties; and WHEREAS, Tukwila Village Development consists of approximately 164,000 square feet of land plus approximately 23,000 square feet of 41St Avenue right of way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres; and WHEREAS, Tukwila International Boulevard is part of the Pacific Highway Transportation Corridor shown as Figure 15 in the City's Comprehensive Plan and was identified as the highest priority 'fo). City action during the Vision Tukwila Process; and WHEREAS, Goal 8 2 .of the City's Comprehensive Plan includes implementation strategies to makethe Pacific Highway Transportation Corridor an attractive, safe and profitable place to live, do business, shop,, id work, including, among other things, making improvements to encourage pedestrian and transit travel, enhance the Iocal commercial, residential and pedestrian character,'develop strategic and financial plans to facilitate public and private investment, provide flexibility = in the application of design standards in order to encourage pedestrian - oriented development; and WHEREAS, . Goal 8.2.22 of the City's Comprehensive Plan provides for the establishment of an overlay district in the designated urban renewal area, generally between South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South, that may allow increased building heights, reduced residential parking requirements, and other alternative development standards, subject to specific criteria, in order to encourage well designed, compact, transit - oriented and pedestrian - friendly redevelopment to activate the community along Tukwila International Boulevard; and 1 51 WHEREAS, in furtherance of the policies and goals of the City Comprehensive Plan, and in particular, Goal 8.2.22, the City Council enacted City Ordinance No. 2257, codified at Chapter 18.43 of the Tukwila Municipal Code, creating the Urban Renewal Overlay District and associated supplemental development standards and criteria; and WHEREAS, the intent of the establishment of the Urban Renewal Overlay District was to activate the community along Tukwila International Boulevard by adopting supplemental development standards and criteria that encourage investment in the redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with a compact, transit - oriented development pattern including neighborhood services andygedestrian- friendly commercial and residential improvements with high quality materials and :deg gn; and WHEREAS, the adoption of supplemental ,development s,;,tandards and criteria providing for taller building heights and reduced parking �Oquirements was intended to make urban densities and amenities more likely while the; rrhpact upon residential,, areas resulting therefrom would be lessened by requiring development along Tukwila International Boulevard, more significant structured parking and pedestrian-friendly . ;amenities,, and WHERAS, to encourage redevelopment within the Pacific Highway'. Transportation Corridor, the City began assembling property within the ,Urban Renewal Overlay District for future development through a public /private partnership; and WHEREAS, the assembled property now comprises "Tukwila Village" and the Tukwila Village Development; and WHEREAS, in 2007 the Tukwila City Council adopted the following vision statement for Tukwila Village: Tukwila Village will be a welcoming place where all residents can gather and connect with each other. This mixed -use development ill draw upon;; Tukwila's strengths and include a library, a neighborhood Vlice resource center, retail, restaurants, public meeting space, and an outdoor plaza. The Village may also include office, hve /work, and residential space. This active, vibrant ''place will set high standards for quality and foster additional neighborhood revitalization and civic pride. WHEREAS, On March 30, 2011, . the City issued a request for qualifications for a proposal to develop the Tukwila Village property and on June 6, 2011 the City Council selected Developer as the most qualified among the applicants to develop the Tukwila Village property; and WHEREAS, on October 22, 2012 the City Council authorized the Mayor to execute a disposition and development agreement with Developer, which agreement was fully executed by and between the Parties on the 30th day of October, 2012 (the "Disposition and Development 2 52 Agreement" or "DDA ") and grants to Developer the right to control and redevelop the property described therein subject to the terms and conditions of the DDA and in a manner consistent with the goals and policies of the comprehensive plan; and WHEREAS, the DDA contemplates at Section 2.7 that the Parties will, pursuant to the applicable provisions of state law and city code, enter into a Development Agreement to set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of the Property for the duration specified in such Development Agreement; and WHEREAS, the DDA further contemplates at Section''' 2.7 that certain development standards will be implemented pursuant to the Development Agreement in order to facilitate redevelopment of the Tukwila Village property; and WHEREAS, pursuant to Ordinance No 2378 (codified'at TMC Ch. 18.86) the City Council adopted standards and procedures for approval of developmerits agreements authorized pursuant to RCW 36.7013.170, et seq.; and WHEREAS, TMC 18.86.030 provides that a development agreement may allow development standards different from those otherwise , it iposed under the Tukwila Municipal Code in order to provide flexibility to achieve,public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards;_ and. WHEREAS, TMC 18.86.030 further provides that, any approved development standards that differ from those in the City Code shall-: not require any further zoning reclassification, variance from City standards. or other City approval apart from development agreement approval, and that, development standards as 'approved through a development agreement shall apply to and govern th' development and implementation of each covered site in lieu of any conflicting or different standards 'ate elsewhere in the Tukwila Municipal Code; and WHEREAS, in furtherance of Section 2.7 of the DDA, Developer has made application to the City for'approval of a dei'elopment agreement; and WHEREAS, as required pursuant to TMC 18.86.050, a public hearing was conducted on the day of , 2012 to take public testimony regarding this Development Agreement, as proposed; an: WHEREAS, the City Council pursuant to City Ordinance No. approved the Development Agreement as proposed and authorized execution of the Development Agreement; and WHEREAS, pursuant to TMC 18.86.080, the decision of the City Council to approve or reject Developer's request for a development agreement is a discretionary, legislative act; and 3 53 WHEREAS, the Parties desire to enter into this Development Agreement upon the terms and conditions as set forth herein. NOW, THEREFORE, in consideration of the mutual agreements contained herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the City and Developer hereby agree as follows: IL AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that,,the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Section 2. Definitions. In addition to the terms ,. defined :;elsewhere in this Development Agreement, except as otherwise provided herein, the following terms where capitalized in this Development Agreement shall have the same: definition as given to that term in the Disposition. and Development Agreement: "Affiliate "; "Approved Site Plan "; "Boundary Line Adjustment" or "BLA "; "Business Day "; "City Council "; "Commons" "Developer "; .. "Development Parcel" "Development Phase "; "Deyelo,pmerit Impact Fees "; "Estoppel Certificate of Completion" provements' s "• "Lib'rary Parcel "; "Mayo "Person "Phased Development P' "Plaza "; "Plaza Parcel "; "Preliminary Site Plan "; "Proposed Site Plan "; "Site" In addition to the foregoing defined terms, the following terms where capitalized in this Development Agreement shall have the meaning given as follows: 4 54 "Effective Date" shall mean the later of the following dates: (a) the date herein set forth above, or (b) twenty -one (21) days following approval of this Development Agreement pursuant to Ordinance No. "Governing Regulations" shall mean and refer to that term as defined at Section 5 herein. "Project" shall mean and refer to the development and redevelopment of the Property in conformance with the terms and conditions of the DDA and the Development Agreement. Project shall not refer to or include development of the Library Parcel, unless pursuant to the terms and conditions of the DDA, the Library Parcel comes under the control of Developer. "Property" shall mean and include, collectively, those lots and parcels legally described and shown in the attached Exhibit "A" (Legal Description)`' and as generally depicted in Exhibit ">B" (Depiction of the Property), and shall mean and include such' lots and parcels as altered or combined pursuant to a Boundary Line Adjustment The Parties agree that upon approval of a boundary line adjustment of any lot or parcel that comprise any part of the Property, Exhibits "A" and "B" will be amended by inserting and substituting therein 'for the affected lots or parcels, the legal description and depiction of the newly .created lots or parcels. The term "Property" shall not include the Library Parcel unles.; and until''the Library Parcel is released by the City to Developer pursuant to Section 2.9(B) of the'D' "Vesting Period" shall have the meaning given pursuant. to Section 4 hereof. Section 3. Project Description. This Project is commonly :known and referred to as "Tukwila Village" . and involves the phased redevelopment of the Property consisting of approximately 164,000 square feet of land plus approximately 23,000 square feet of 41st Avenue right of way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approxin ateiy "6 4 acres. The Property is located within the Neighborhood Commercial Center and the high Density' Residential Districts and is also within the Urban Renewal Overlay District and is siib�ect to development pursuant to the terms and conditions of the DDA. Development of the Property will consist generally of the following minimum. uses and elements with the corresponding minimum areas o ,.dwelling'units, with at least seventy -five percent (75 %) of the housing units b6ing!age- restricted" (senior housing) as defined under the applicable federal fair - housing laws, together with other uses that are allowed under the City's zoning code: 3.1 Uses and Sizes :' 3.1.1 Office Space 3.1.2 Police Resource Center 3.1.3 Retail 3.1.4 Indoor Community Commons 3.1.5 Outdoor Community Plaza 3.1.6 Housing Units 20,000 square feet 2,000 square feet 11,000 square feet 2,000 square feet 20,000 square feet 380 units Section 4. Statement of Authority and Intent. This agreement is entered into pursuant to 5 55 the authorization of RCW 36.70B.170 and TMC 18.86 and is intended and designed to vest this Project under current Governing Regulations, subject to Section 6 herein (Development Standards), for the Vesting Period. The Vesting Period shall commence upon the Effective Date and shall end upon the earlier of (a) expiration of design review approval of the Approved Site Plan as provided pursuant to TMC 18.60.070(E), or (b) upon termination of the Development Agreement as provided at Section 16 hereof. As of the Effective Date, the provisions of this Development Agreement, and the Governing Regulations, subject to the provisions of Section 6 (Development Standards), shall apply to and govern and vest the review and approval, including: associated State Environmental Policy Act (SEPA) review, of the Project. Vesting is limited 0'the specific topics and subjects referenced in this Development Agreement. Any develop rent requirement of the City not specifically referenced herein shall apply based on the date of vesting as determined in accordance with City ordinances and state law. During:the Vesing,Period and subject to Section 16 (termination), the City shall not impose any ,modification of of iiew or additional Governing Regulations on the Project. To the extent that neither this Development Agreement nor the Governing Regulations address a certain subject, element or condition of the Project, then the Project shall be governed by the City's then- existing,code. Section 5. Governing Regulations. The term Governing Regulations shall have the following meaning: 5.1 Scope. Except as otherwise provided at sulisection 5.2 and 5.3 herein, "Governing Regulations" shall mean and refer to the ordinances adopted by the City Council of Tukwila, and in effect on the Effective Date, that govern the permitted uses of land, the density and intensity of use, and the design standards an'd specifications applicable to the development of the Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Tukwila International Boulevard Design Manual, the Multi- Fam�,ly'DesignManual, the Parking Structure Design Manual, the Statement of Purpose and Design' for the Commons, the Statement of Purpose and Design for the Plaza, the Public Works "Standards, mitigation; imposed or agreed to as part of SEPA review, concurrency ordinance, nii:d all other ord, trances, codes, rules and regulations of the City establishing subdivision standards, standards and procedures for boundary line adjustments, storm and surface water regulations. The; term Governing Regulations does not include non -land use regulations, including by way of example and not limitation, taxes and impact fees. Except as provided herein at subsections 5.2 and 5.3, development of the Property during the Vesting Period shall not be subjectao any amendments to the Governing Regulations. 5.2 Police Power /Pre - emption. The Project shall not be vested against the application of development standards that are imposed by virtue of state or federal pre - emption of the City's regulatory or contractual authority. For example, in the event that a court of jurisdiction issues a final decision that the standards and requirements set forth in a National Pollution Discharge Elimination System ( "NPDES ") permit are not subject to vesting provisions under state or local law, the applicable provisions of such NPDES permit shall control. As provided by RCW 36.70B.170(4), the proposed development shall not vest against new 6 56 development regulations to the extent the new regulations are required to prevent or mitigate a serious threat to public health and safety. 5.3 Codes. The Codes and Standards set forth at TMC Title 16 (Buildings and Construction), in effect as of the date of the filing of a complete application for a building permit shall apply to all new development and the redevelopment or modification of existing development on the Property under such permit; provided that, no amendment to any such code or standard effective after the date of filing of a complete application for a building permit, shall apply to the Project unless it is necessary to prevent or mitigate a serious threat to public health and safety or has general application city -wide. Section 6. Development Standards; Conditions. 6.1 Application of Urban Renewal Overlay District This Project is located within the Urban Renewal Overlay District and is subject to the supplemental development standards set forth therein and the development standards in 'the underlying zoning regulations, except as modified pursuant to Section 6 (Development Stan, dards; Conditions) hereof. 6.2 Application of Development Standards RC;VV 36.70B.180 •(3),(d) and TMC 18.86.030 authorize the establishment of design standards by a development agreement. More specifically, TMC 18.86.030 provides .that, a .development! agreement may allow development standards different from those otherwise imposed under the"Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications that :provide the functional ; equivalent or adequately achieve the purposes of otherwise: applicable City standards. Pursuant thereto and during the Vesting Period, the provisions of this .'Section 6 set forth the development standards that differ from or supplement those standards set forth in the Governing Regulations. Accordingly, the following development standards shall apply to and govern and vest the development, use, and mitigation of the Project Improvements in lieu of any . conflicting or different standards or requirements elsewhere in the Governing Regulations. 6.3 ;Design Review Procedures.- Proposed Site Plan. The Project shall be subject to design review 'approval by the Board of Architectural Review ( "BAR ") pursuant to TMC Ch. 18.60 ( "Design Review"). The Proposed Site Plan submitted for Design Review approval with the application shall ; conform to and identify as to each proposed Development Parcel, the information required pursuant to,TMC Ch. 18.60 and the following elements: 6.3.1. Lines ''marking the boundaries of the existing lots(s) or parcel(s), provided that any existing lot boundary to be eliminated or altered should be a dashed line and so noted. 6.3.2. Locations of existing and proposed public or private roads and easements, including private access easements. 6.3.3 Location of proposed new property lines and numbering of each lot or parcel. 6.3.4 Location, dimension and purpose of existing and proposed easements and encumbrances, including but not limited to parking easements. 6.3.5 Location of any proposed dedications. 7 57 6.3.6 Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the Property. 6.3.7 Expected location and setbacks of proposed new buildings, parking areas and driveways. The Proposed Site Plan, if approved through the City's Design Review process, will become the "Approved Site Plan "; provided that, the Proposed Site Plan may be modified by Developer during Design Review in response to issues raised by the BAR. Upon approval pursuant to TMC Ch. 18.60, development of the Property shall conform to the Approved Site Plan, any conditions attached thereto, and any approved amendments thereto. Major and Minor amendments to the Approved Site Plan shall be approved in`;'accordance with the provisions of Section 6.6 hereof (Major and Minor Amendments — Site Plan Approval). 6.4. Design. Review Procedures - Application Sub:n-uttal and Approval. Each application submitted to the City for Design Review for a proposed Development Parcel in accordance with the requirements of TMC Ch ::18.60, shall include the information required pursuant to TMC Ch. 18.60 and the following'elements: 6.4.1 Conceptual floor plans, floor areas and detailed elevations of proposed new buildings and other structures. 6.4.2 Landscaping plan. 6.4.3 A table of uses, floor areas and housing; units consistent with Section 3 (Project Description). 6.4.4 Identification of facilities in conformance with. Section 2.11 (Restaurant/Retail Space Covenant) of the DDA. 6.4.5 Identification of facilities in conformance with Section 2.12 (Police Resource Center) of the DDA. 6. I `Desigri Review Standards and. Review Criteria. The design standards and review criteria'!applicable to' the Property shall, in addition to the relevant criteria set forth at TMC 18.60.d50 D. and the Governing Regulations, include criteria consistent with the following: 1. Vision Statement. The City's Vision Statement for Tukwila Village as referenced in this Development Agreement. 6.5.2. Focal Point' Design. The Preliminary Site Plan represents the relationship of proposed new buildings to •the Plaza and the neighborhood and as such focal points, such as prominent building corners; must have a defined architectural expression and visual interest. By way of example and not limitation, such defined architectural expression and visual interest may include a rounded or chamfered wall, a tower, transparency, or architectural lighting at night. 6.5.3. Buildings Along Eastern Boundary. If any portion of buildings B or E as shown on the Preliminary and Proposed Site Plan is proposed to be located within 30 feet of an adjacent property that is zoned LDR, MDR, or HDR, the BAR may require and allow portions of the building to have greater or lesser setbacks and /or lower height limits than allowed under the Governing Regulations, provided that the average setbacks and /or height limits allowed shall be 8 58 consistent with the Governing Regulations. The BAR may encourage modulation of building facades and /or height modulation of buildings B or E as shown on the Preliminary and Proposed Site Plan in order to reduce the visual impact on adjacent properties, but such modulation shall not be mandated solely to reduce density that is otherwise allowable under the Governing Regulations. 6.5.4. Minimum Interior Height. Non - residential uses at street level shall have a floor -to -floor height of at least 15 feet. This height shall be as measured from the primary entry of the tenant space(s) intended to occupy the street level. 6.5.5. Landscaping Standards. The landscaping standards and requirements under the Governing Regulations standards shall apply to 'the Property; provided that, the specific Landscaping standards and requirements set forth in the "Statement of Purpose and Design" for the Plaza and the Commons, as approved pursuant to the DDA, are adopted as design standards for purposes of Design Review and shall be reflected in the Design Review submittals for the Plaza Parcel. 6.5.6 Integrated Site The Development Parcels within each Development Phase may contain multiple lots, tracts or parcels that 'will function 'as a single site Accordingly, each Development Phase shall be considered', a single integrated site, as if there were no interior lot lines, for purposes of determining compliance with the dimensional requirements and set -back requirements applicable to each such Development Phase. Further-, if the BAR determines that two or more Development Phases willfunction as a single integrated site, such Development Phases shall together be considered as a'single integrated site, as if there were no interior lot lines, for purposes of determining compliance with Governing Regulations such as building set - backs, recreation space, parking, and landscape requirements. 6.6 to the Appr ve :Ma or and Minor Amendments — A roved Site Plan. All proposed amendments an shall be considered pursuant to the provisions of TMC Ch. 18.60. Additional 'Building Height. The Specific Urban Renewal Overlay Development Standards and;,,Criteria (TMC ;18.43.070) includes supplemental development standards that allow building'hetghts up to 65 feet. The maximum building heights for buildings fronting along Tukwila International Boulevard, represented by buildings A and D as shown on the Preliminary Site Plan, shall be increased by five (5) feet to seventy (70) feet. This increase in building height is consistent with goals of,,the Comprehensive Plan to encourage development within the Urban Renewal Overlay District while minimizing impact to residential development by limiting the increase in height to development adjacent to the transportation corridor. 6.8. Land Use Permit Process. The Project will be implemented in phases by a series of land use permit applications. Each land use permit application shall be consistent with the requirements of this Development Agreement. 6.9 Additional Conditions of Approval. The following additional conditions of approval are established pursuant to TMC 18.86.060. 9 59 6.9.1 Phasing of Development. The Parties acknowledge that the most efficient and economic development of the Property depends upon numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers of the Property to have the rate of development determined by the Developer. Accordingly, Developer shall have the right to develop the Property in multiple Development Phases to facilitate financing and ownership, to aid in the timing of and sequencing of construction, and to attain flexibility to adjust to market demand and other factors. In furtherance thereof, the Development Phases and the expected build -out period for each Development Phase shall be set forth in the Phased Development Plan. Development of the Property shall conform to the Phased,,,; Development Plan and shall be completed within five (5) years of the Effective Date. Developer shall develop the Plaza Parcel contemporaneously with, and as part of, the development of the first Development Phase. The Development Parcels that are associated with each Development Phase, including the Plaza Parcel, may be owned, operated and managed separately,' although initially developed under the control of Developer or an Affiliate. 6.9.2 Additional Approvals. The City shall have the right to zequire easements, dedications and /or covenants for public purposes such as water, sanitary sewer `and storm water facilities for each Development Phase. Any roads to be dedicated as public right of way shall conform to City design standards consistent with the Governing Regulations. Except as may be otherwise provided herein, all water, sanitary sewer and storm water facilities shall conform to design standards consistent with the Governing Regulations. Section 7. SEPA Conditions of Approval. The Parties agree that, as of the Effective Date, the City has not initiated review of the Project pursuant to the State Environmental Policy Act ( "SEPA ") or the implementing provisions of TMC Title 21, and that SEPA applies to land use and development approvals that will be issued during the Vesting Period. The City shall not exercise its i'substant' Se SEPA authority to impose conditions on land use approvals for this Project issued during the Vesting Period in a manner that is inconsistent with the Governing Regulations:, Section 8. •Concurrency. The Parties agree that, as of the Effective Date, the City has not determined if the'P:oject meets"' e concurrency requirements of TMC 9.48 and TMC 21.04 and that the provisions thereof apply to land use and development approvals that will be issued during the Vesting Period .. The City shall not, during the Vesting Period, exercise its authority to me determine if the Project ets 'the City's standards for transportation, water, sewer, and storm water concurrency approval and mitigate significant adverse impacts, in a manner that is inconsistent with the Governing Regulations. Section 9. Impact Fees. This Project shall be subject to assessment and collection of, transportation impact fees pursuant to TMC Ch. 9.48, fire impact fees pursuant to TMC Ch. 16.26, and Parks Impact Fees pursuant to TMC Ch. 16.28. Section 10. Street Vacation. 41st Avenue is a public right of way that encumbers the Property. The City and Developer acknowledge and agree that Developer's obligations are 10 60 contingent upon Final City Council Approval of vacation of that portion of 41st Avenue encumbering the Property. Section 11. Major and Minor Amendments - Development Agreement. All Proposed amendments to the Development Agreement shall be considered in accordance with this Section 11. 11.1 Process. The Mayor may approve Minor Amendments to the Development Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be incorporated into this Development Agreement as an amendment pursuant to Section 21` hereof. The City Council may approve Major Amendments to the Development Agree'Merit in accordance with the same process for approval of the Development Agreement. , A Major Amendment to the Development Agreement approved by the City Council, and mutually agreed, to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereon. 11.2 Minor Amendment Defined. A proposed amendment to the Development Agreement shall be considered a minor amendment if the proposed amendment does not modify the Governing Regulations or Section 6 (Development Standards; Conditions) hereof, does not materially modify the size or scope of the Project, and does not modify the Vesting Period or term of this Development Agreement. 11.3 Major Amendment Defined. A proposed amendment to the Development Agreement shall be considered a Major Amendment if the poposed amendment does not constitute a Minor Amendment. 11.4 Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such that the MayoPcan determine whether or not the proposal qualifies as a Minor Amendment. If the application does not provide sufficient information, the Mayor may request additional information jrarn the Developer or reject the application. Upon receipt of sufficient information to determine ,if the proposal set forth in the application constitutes a Minor Amendment, the Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment may be administratively approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance with the same process for approval of a Development Agreement, withdraw its proposed amendment, or modify and re- submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 12. Further Discretionary Actions. Developer acknowledges that the Governing Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEPA. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Governing Regulations and the development standards 11 61 and conditions set forth in Section 6 hereof. Section 13. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the Effective Date of this Development Agreement may be increased by the City from time to time, and the new fees applied to subsequent permits and approvals for the Subject Property. Section 14. Dispute Resolution Process. 14.1 The parties agree to use their best efforts to resolve disputes arising out of or related to this Development Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: 14.1.1 Level One — Developer's principal or designee and the City's Community Development Director or Public Works_Director sha1Y meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level One, either party may refer the dispute to Level Two. 14.1.3 Level Two — Developer's principal ;and. the City Administrator or Mayor shall meet to discuss and attempt to resolve the dispute'ir; a :,timely manner. 14.2 Except as otherwise specified in this Development Agreement, in the event the dispute is not resolved at Level two within fourteen (14) calendar days after referral of that dispute to Level Two, the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation or arbitration. At all times prior to resolution of the dispute, the parties shall continue to perform under this Development Agreement in the same manner and under the same terms as 'existed prior to the dispute. 1. arbitration;` the parties vent that the Patties_ choose to resolve a dispute through binding gree to the following procedure: 14.3.1 Binding. arbitration: between the parties pursuant to this Section shall be governed by the rules and procedures set forth in this Section. • 14 3 2 the parties to the dispute are unable to agree upon a single arbitrator within fourteen (14) calendar days of failure to resolve the dispute at the end of the Level Three process, then a board 01b the arbitrators shall be appointed by the American Arbitration Association ( "AAA ") in compliance with the Rule of Appointment of Neutral Arbitrator. Any arbitrator appointed by AAA under this Subsection shall possess knowledge of the particular matters at issue in the arbitration. 14.3.3 Upon selection of the arbitrator(s), said arbitrator(s) shall determine the question(s) raised within fourteen (14) calendar days, unless a different period of time is otherwise agreed upon by the parties in writing. Said arbitrator(s) shall then give both parties reasonable notice of the time (which time shall be within thirty (30) calendar clays of the Arbitrator(s)' determination of the questions raised, unless a different period of time is otherwise 12 62 agreed upon by the parties), and place of hearing evidence and argument; take such evidence as the arbitrator(s) deems relevant, with witnesses required to be sworn; and hear arguments of counsel or others. 14.3.4 After consideration of all evidence, testimony and arguments, said single arbitrator or said board of arbitrators or a majority thereof shall, within thirty (30) days of completion of the hearing, promptly state such decision or award in writing. Said decision or award shall be final, binding, and conclusive on all parties to the arbitration when delivered to them. Until the arbitrator(s) issue the first decision or award upon any question submitted for the arbitration, performance under the Development Agreement sha11 continue in the manner and form existing prior to the rise of such question. After delivery 'of said first decision or award, each party shall forthwith comply with said first decision of award immediately after receiving it 14.3.5 Developer and the City shall share equally the compensation, costs, and expenses of the arbitrators, but each shall be responsible for their own fees and expenses of its own witnesses, exhibits, and counsel. 14.3.6 The arbitrator(s) shall have the authority to enter awards of equitable remedies consistent with the obligations of the City and Developer under this Development Agreement. 14.3.7 The arbitrator(s) shall not have the authority to enter any award, the satisfaction of which by the party to be bound, would be impermissible under any law, regulation, or funding agreement to which the bound party is subject. The determination of any such impermissibility shall be made by a court of : competent jurisdiction within the State of Washington and under the laws of the State of Washington. Any such determination shall be appealable. Section aauitand Remedies. Cures Taking More Than Thirty Days. No Party shall be in default under this Development Agreement unless it has failed to perform as required under this Development Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured: satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 15.2 Rights of Non Defaulting Party. A party not in default under this Development Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Development Agreement. 15.3 Attorneys' Fees. In any action to enforce or determine a Party's rights under this Development Agreement, the prevailing party shall be entitled to attorney's fees and costs as provided under Washington law. 13 63 15.4 Termination of Developer's Rights; Effect. The Parties acknowledge that the Developer's right to take ownership of and develop the Property, in whole and in part, is subject to the terms and conditions of the DDA. In the event that Developer's right to develop the Property is terminated pursuant to the DDA prior to commencement of development of the Property, the rights, duties and obligations of the Developer and City under this Development Agreement shall terminate contemporaneously therewith. In the event that the Developer's right to develop a Development Parcel or Development Parcels comprising a Development Phase is terminated pursuant to the DDA, the rights duties and obligations of the Developer and the City under this Development Agreement shall terminate contemporaneously therewith as to those Development Parcels comprising such Development Phase,if sich termination can be narrowly tailored as provided in Section 15.5 hereof. 15.5. anticipated transfers by Developer of Develops Development Agreement shall be tailored to, below. fth Relief Against Defaulting Party or Portion of Property. In recognition a the et%,parcels to third parties, remedies under this 'Development Parcels, or parties as provided 15.5.1 Relief Limited to Affected Parcel . Any claimed default ,,shall relate as specifically as possible to the Development Parcel of the Property involved, 'and any remedy against any party shall be limited to the extent possibl'e;to the owners of such Development Parcel of the Property. 15.5.2 Relief Limited to Affected Owner. To the 'extent possible, the City shall seek only those remedies that do not adversely affect the rights, duties or obligations of any other non - defaulting owner of portions of the Property under this Development Agreement, and shall seek to utilize the severability provisions set forth in this Development Agreement. ecific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the parties are entitled to compel' specific performance of all material terms of this Development Agreement by any party in default hereof Section 16. Termination. This:: Development Agreement shall expire and/or terminate on the earlier of the termmatton/expzratton provisions set forth as follows: 16.1 This Development Agreement shall expire as to each Development Phase, and be of no further force and effect, if the development contemplated in this Development Agreement for such Development Phase, and all of the permits and /or approvals issued by the City for such development, are not substantially underway in conformance with the Phased Development Plan. Nothing in this Development Agreement shall extend the expiration date of any permit or approval issued by the City for any development. 16.2 This Development Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals 14 64 identified in this Development Agreement, and submits applications for development of the Property that are inconsistent with such permits and approvals. 16.3 This Development Agreement shall terminate upon the expiration of the Vesting Period identified in Section 4. 16.4 This Development Agreement shall terminate as to each Development Phase, when the Development Parcels comprising the Development Phase have been fully developed as evidenced by the City's issuance of an Estoppel Certificate of Completion pursuant to the DDA. Upon termination of this Development Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that theDevelopment Agreement has been terminated. Section 17. Effect upon Termination on Developer Obligations. Termination of this Development Agreement as to the Developer of the subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning codes) or subdivision map,: or other land use entitlements approved with respect to the Subject Property any other conditions of any other development specified in the Development Agreement; to, continue after the termination of this Development Agreement or obligations to pay assessments, liens, fees or taxes. Section 18. Effects upon Termination on City. Upon any termination of this Development Agreement as to the Developer of the subject Property or any portion thereof, the entitlements, conditions of development and all other terms and conditions of this Development Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning laws). Section. 19 Assigntne[it. and Assumption. The Developer shall have the right to sell, assign or transfer this Development Agreement with all their rights, title and interests therein to any person, fum or corporation at any time during the term of this Development Agreement. Developer shall ,provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Property, at least 30 days in advance of such action. Section 20. Covenants Running with the Land; Recording. 20.1 The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all . of the duties and obligations of a Developer contained in this Development Agreement, as such 15 65 duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. 20.2 A Memorandum of Development Agreement in substantially the Form of the "Memorandum of Development Agreement" attached hereto as Exhibit "C" shall be recorded against the Property such that the terms and conditions of the Development Agreement shall operate as a covenant running with each Development Parcel and shall be binding on Developer and Owners, their heirs, successors and assigns until this Development Agreement expires or is terminated as to such Development Parcel. Section 21. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established for Major and Minor Amendments as set forth at Section 6.6 and Section 11 hereof. Section 22. Releases. Developer, and any subsequent owner, may be released from further obligations relating to the sold, assigned, or transferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes ,.the obligations under 'this Development Agreement as provided herein. Section 23. No Third -Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the parties hereto `an'd ,their successors and assigns. No other person shall have any right of action based upon any !provision of this Development Agreement. Section 24. Interpretation. The Parties intend this Development Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170 et seq., and this Development Agreement shall be construed to exclude from the scope of this Development Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual ;agreement with 'consideration. This Development Agreement has been reviewed and revised by !legal counsel for both parties, and no presumption or rule construing ambiguity against the 446.fter of the doct7ment shall apply to the interpretation or enforcement of this Development Agreement. Section 25. Notice ':All communications, notices, and demands of any kind that a party under this Development Agreement requires or desires to give to any other Party shall be in writing and either (i) delivered persorrally,'(ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 66 16 Attn: Mayor's Office With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 11 Front Street South Issaquah, Washington 98027 -3820 General: 425- 392 -7090 Fax: 425 -392 -7071 If to Developer to: Tukwila Village Development AssociatesILLC Attn: Bryan M. Park, Manager c/o Pacific Northern Construction Company, Inc. 201 - 27th Avenue SE, Building A, Suite 300 Puyallup, WA 98374 General: (253) 231 -5001 Fax: (253) 231 -5010 Notice by hand delivery or facsimile shall be effective upon receipt If deposited in the mail, notice shall be deemed delivered forty -eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given. Section 26. =;;;;;;'Excusable Delay (Force Majeure). In addition to specific provisions of this Development 'Agreement, and notwithstanding anything to the contrary in this Development Agreement; neither Party shall be in default in the performance or the failure of performance of its obligations under this Development Agreement, or in the delay of its performance, where such failure rdelay is due tO.5,war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as the Party seeking the extension has „adequately complied with the applicable processing requirements of such governmental authority orutility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of Developer, Developer's inability to finance the construction of the Development, and Developer's inability to lease the Improvements, are not causes beyond the reasonable control or without the fault of Developer) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the 17 67 date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays, within ten (10) days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within ten (10) days of receipt of the notice (such extension of time is referred to herein as "Force Majeure "). Times for performance under this Development Agreement may also be extended in writing by the City and Developer in accordance with Section 11 herein. Section 27. Indemnification. Except as otherwise specifically provided elsewhere in this Development Agreement and any exhibits hereto, each partylshall'protect, defend, indemnify and hold harmless the other party and their officers, agents, ancl,`employees, or any of them, from and against any and all claims, actions, suits liability, loss,, cost expenses, and damages of any nature whatsoever, which are caused by or resultfrori any negligent act or omission of the party's own officers, agents, and employees in performing services pursuant to this Development Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a Party, the Party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying .party's sole, cost and expense; and . if final judgment be rendered against the other party and its officers, 'agents, and employees or jointly the Parties and their respective officers, agents, and employees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder; shall be for the benefit of the City as an entity, and not for members of the general public. Section 28. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce, the terms of this Development Agreement, the prevailing Party shall be entitled to ,reco`vei its reasonable attorneys .fees and costs from the non - prevailing Party. Venue for any'; action shall lie irk .King County Superior Court or the U.S. District Court for Western Washington, Section 29. ';.Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person oi,ei tity other than a Party, or successor or assign of Developer, to challenge this Development Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or successor(s) or assign(s). In such event, (Developer and /or such successor(s) or assign(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and /or such successor(s) or assign(s) shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 30. Severability. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any 18 68 provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either party in good faith determines that such provision or provisions are material to its entering into this Development Agreement, that party may elect to terminate this Development Agreement as to all of its obligations remaining unperformed. Section 31. Authority. Each Party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Development Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Development Agreement. Section 32. Exhibits and Appendices Incorporated ,` Each Exhibit attached hereto or referenced is incorporated herein by such reference as it fully set forth herein. Section 33. Headings. The headings in :'this Development Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Development Agreement. Section 34. Time of the Essence. Time is of the essence:' of this Development Agreement and of every provision hereof. Unless otherwise set forth in this Development Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shallbe extended automatically to the next business day. Section 35. Entire Agreement. This Development Agreement, and the DDA referenced herein, represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Development Agreement supersedes all previous agreements, oral or written. THIS SECTION INTENTIONALLY LEFT BLANK 19 69 AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Development Agreement by signing below: Attest: By: Christy O'Flaherty, City Clerk Approved As To Form: By: 70 Shelley Kerslake City Attorney CITY: CITY OF TUKWILA, a municipal corporation DEVELOPER: TUKWILA VILLAGE DEVELOPMENT ASSOCIATES, LLC By: 20 Bryan M. Park Manager STATE OF WASHINGTON ) )ss COUNTY OF ) On , 20_, before me, the undersigned, a Notary Public, personally appeared JIM IHIAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as :MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument ;the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. STATE OF WASHINGTON ) )ss COUNTY OF ) On 20_, before me, the undersigned, a Notary Public, personally appeared BRYAN M. PARK, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose . name is subscribed to the within instrument, and acknowledged to me that he: exeeuted:,the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS iry,hand and offical.seal. 21 71 Exhibit A Exhibit B Exhibit C EXHIBITS: Legal Description of Property Depiction of the Property Form of Memorandum of Development Agreement 72 22 Exhibit A Legal Descriptions of the Property PARCEL A: THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF SEATTLE, AS PER PLAT RECORDED !N VOLUME 13 OF PLATS. PAGE 12, RECORDS OF KING COUNTY AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH_ RANGE 4 EAST W.M. _ DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF SAID SOUTHEAST 114; THENCE SOUTH 01 °2T30" WEST 200 FEET TO THE TRUE PONT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LUTE OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1), DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY LINE) FROM THE ITERSECTION OF SAID EAST ERLY LIE WITH THE NORTH LLNE OF THE SOUTH 812.6 FEET OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9: THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA HUNTINGTON INGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO, 412377; THENCE EASTERLY ALONG SAID NORTH LINE TO A POUT WHICH BEARS SOUTH 01 °27'30" WEST FROM THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4: THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET; THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING. PARCEL A -1: A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN WIDTH THE SOUTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST WM., 100 FEET DISTANT EAST OF THE NORTHWEST CORNIER OF SAID SUBDIVISION: THENCE SOUTH 01 °27'30° WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY LINE OF THE EASEMENT HEREIN DESCRIBED; THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH (STATE ROAD NO. 1) WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID HIGHWAY FROM A POINT IN THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET, MORE OR LESS, WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH LINE THEREOF AS THE SAME IS PRODUCED WESTERLY; SITUA 1 F. IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON. 23 73 Exhibit A Legal Descriptions of the Property (continued) PARCEL B: THE NORTH 18590 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1,031 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH., RANGE 4 EAST, W.M., LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1 (PACIFIC HIGHWAY SOUTH); SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: LOTS 1 THROUGH 6 INCLUSIVE, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY, WASHINGTON: PARCEL D: THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING EASTERLY OF THE STATE HIGHWAY NO. 1; EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 1158645: AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PAC1t1C HIGHWAY SOUTH, CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396: SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON, PARCEL E: LOT A OF SHORT PLAT NO. 90 -9 -SS, RECORDED UNDER RECORDING NO. 9010240314, BEING A PORTION OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY, WASHINGTON; PARCEL F: LOT B OF SHORT PLAT NO. 90 -9 -SS, RECORDED UNDER RECORDING NO. 9010240314, BEING A PORTION OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21,1N KING COUNTY, WASHINGTON: 24 74 Exhibit A Legal Descriptions of the Property (continued) PARCEL 0: THE NORTH 220 FEET OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY, WASHINGTON: EXCEPT THE NORTH 132 FEET THEREOF: PARCEL H: LOT 7. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS. PAGE 21, IN KING COUNTY, WASHINGTON: EXCEPT THE NORTH 220 FEET THEREOF; AND EXCEPT THE SOUTH 84 FEET THEREOF; PARCEL I: THE SOUTH 84 FEET OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 21. IN KING COUNTY_ WASHINGTON: PARCEL K: THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO I IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COU NTY, STATE OF WASHINGTON, RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF WASHINGTON RECORDED UNDER RECORDF G NO 9603260430. RECORDS OF KING COUNTY. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. PARCEL L: THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31. RECORDS OF KING COUNTY, SITUATE IN THE CITY OF TUKWILA., COUNTY OF KING. STATE OF WASHINGTON. 25 75 Exhibit A Legal Descriptions of the Property (continued) PARCEL M: THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS. PAGE 31. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14; THENCE WESTERLY 100 FEET: THENCE NORTHERLY 26 FEET; THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET; THENCE EASTERLY 109.85 FEET; THENCE NORTHERLY 22.20 FEET; THENCE EASTERLY 60 FEET; THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL N: THAT PORTION OF LOTS 12, 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS PAGE 31, DESCRIBED AS FOLLOWS: BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14: THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET; THENCE EASTERLY 78.51 FEET; THENCE SOUTHERLY 26 FEET; THENCE EASTERLY 100 FEET: THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING. SITUATE IN THE COUNTY OF PING, STATE OF WASHINGTON. PARCEL 0: LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY: EXCEPT THE WEST 60 FEET THEREOF, SITUATE N THE CITY OF TUKWILA. COUNTY OF KNG, STATE OF WASHINGTON. 26 76 Exhibit A Legal Descriptions of the Property (continued) PARCEL P: THE WEST 28.6 FEE'1 OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF K L':NG COUNTY; SITUATE N THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. PARCEL Q: LOT 15, BLOCK 2, ADAMS HOME TRACTS, ACCORDL G TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS_ PAGE 31, IN I NG COUNTY, EXCEPT THE WEST 29.5 FEET THEREOF; AND EXCEPT THE SOUTH 11.5 FEET THEREOF; AND EXCEPT THE EAST 3,0 FEET THEREOF. 27 77 78 Exhibit B Depiction of the Property The parcels A through I as indicated on the map below. Parcel J is not included. Assessor tax parcel numbers: 152304 - 9092 -02, 152304- 9096 -08, 152304 - 9242 -01, 155420 - 0005 -09, 155420- 0010-02, 155420- 0015 -07, 155420- 0020 -00, 155420 - 9030 -08, 155420 - 0036 -02, 155420- 0025 -00, 155420 - 0037 -01, 155420- 0033 - 05,';'155420- 0035 -03, and 155420 - 0034 -04. Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets And other land. 28 Exhibit B Continued Depiction of the Property The parcels K through Q as indicated on the map below. Assessor tax parcel numbers: 004000- 0145 -08, 004000 - 0146 -07, 004000 - 0180;, 0194 -08, 004000- 0196 -06, 004000 - 0198 -04 004000- 0191 -01, 004000- Note: This is not a plat of survey. It is provided as a convenience to identify and locate the land subject to this Agreement with references to streets and other land. 7784. LA CITY L KW= OR0 1503 1326.22 1326.22 131.72 4655ia, 014 131.69 214751s 24014f q 0191 29 17027# 0197 131.72 79 EXHIBIT C (Form of Memorandum of Development Agreement) 80 30 a 25- 5CF IGO" aiiisomennstwrai Scale:1" = Note: This drawing is corkceptual in nature and suhiect to ohariges- per the Disposition and Development Agreement_ Preliminary Site lan Legend 4 is Parking Garage. Entry Point Piaza Paving Special' Pedestrian Paving Building Footprint t`. a — - - 17' PV,PertY Line Police Neighborhood Resource Center Upper Building Line (lyp.) r Parking for FUng County Rousing Authority Preliminary Site Plan Tukwila Village Tukwila, Washington kb- 1a. 2412 alum A )LLC 12,r,d oa,ra-b2 tnne.s.,41, ,f,41,ctire Ksrad 81 82 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 11/26/12 ]T I I Motion Mtg Date ('rr 12/10/12 7T CJ/ E Other Mtg Date CATEGORY /1 Discussion LI Resolution Mtg Date Mtg Date 12/10/12 SPONSOR ❑ Council I I HR ❑ DCD n Finance I I Fire I I IT ❑ P&R n Police ❑ PW ■ Mayor ITEM INFORMATION ITEM No. J b STAFF SPONSOR: JOYCE TRANTINA ORIGINAL AGENDA DATE: 11/26/12 AGENDA ITEM TITLE A resolution adopting the Tukwila Strategic Plan 11/26/12 I I Motion Mtg Date ❑ Ordinance Mtg Date I I BidAward 11dtg Date n Public Hearing Mtg Date E Other Mtg Date CATEGORY /1 Discussion LI Resolution Mtg Date Mtg Date 12/10/12 SPONSOR ❑ Council I I HR ❑ DCD n Finance I I Fire I I IT ❑ P&R n Police ❑ PW ■ Mayor SPONSOR'S The City Council is being asked to review a draft Resolution adopting the Tukwila Strategic SUMMARY Plan. REVIEWED BY ❑ COW Mtg. I I CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: ■ F &S Cmte I Transportation Cmte Comm. I I Planning Comm. CHAIR: fl Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Mayor's Office COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/26/12 Forward to December 10, 2012 meeting MTG. DATE ATTACHMENTS 11/26/12 Informational Memorandum dated 11/9/12 Resolution in draft form with attachment (draft Strategic Plan) 12/10/12 Resolution in final form with attachments 83 84 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE 2012 CITY OF TUKWILA STRATEGIC PLAN. WHEREAS, early this year, the City began a strategic planning process for the purposes of developing a broader understanding of the needs of its community; and WHEREAS, BERK & Associates was selected to assist the City in developing its first Strategic Plan; and WHEREAS, a Steering Committee, made up of representatives from the business community, community groups, residents, the City Council, and others, and a City Staff Committee were established and met regularly to share community and employee input, analyze information and prioritize findings; and WHEREAS, Committee Ambassadors, Councilmembers, employees and others shared information and collected input from a wide range of community groups, clubs and organizations; and WHEREAS, a broad range of events and tools were utilized to encourage participation from as many citizens as possible, including: online and written surveys, newspaper and City publications, community events and meetings, and discussions targeted specifically to reach seniors, youth and diverse populations; and WHEREAS, the final 2012 City of Tukwila Strategic Plan has been completed; and WHEREAS, this Strategic Plan will provide a broad strategy for prioritizing the needs of the community in the months and years ahead; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council adopts the 2012 City of Tukwila Strategic Plan, a copy of which is attached hereto as Exhibit A. W: \Word Processing \Resolutions \Strategic Plan adopted 11 -8 -12 JT:bjs Page 1 of 2 85 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Exhibit A: 2012 City of Tukwila Strategic Plan 8 6 W: \Word Processing \Resolutions \Strategic Plan adopted 11 -8 -12 JT:bjs Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 2 of 2 strategic plan 2012 final draft 88 S J CMWJWJ J J JIIIIII S J XJJ]JJJ -in, Resklent& RilkwHa School -i Andei'son, [Iolke J J11111INJIJ JI S JI J JJ` Il'JIIIIII Kati,hna Dol �k- Zacl �k- Jh,ri Haggei'ton, lVlayoi, D: stl,ict 1::.:.1,i c 1.)i,evei,, [Iolke �k- I:)avkI Chine, City Adi,rdinisti'atoi, IVlaij :::ei,talkis, li.AwHa School 1:3oai'd k- CRobei~t 1::.:.atoi-i, [laidis and I Reci,eahoin �k- Joyce li'ainhina, [Ii,ojectAinalyst Vhke Hansen, Sal bey Coi,l). & [Ilaini-ding k- Stacy Hansen, Hi.ji,rian Sei,kes Coi,rii,rdssioin Vlelhssa Hai't, City Clei'lk �k- Joan I iennaindez, CResklent& 1:..:.q i.j i ty and J U J(W J J A C J J Y C 0 U J4 C J J I..)ivei'sity Coi,rii,riissioll �k- Vlaij hilvey, Coi,rii,rii.ji-Ry )evelopi,rient �k- Kathy Hoi.igai'dy, Coi.jindl Vlei,rilbei, Ik- ..)iaine.la lbei,, :::hnaince �k- Venna Seal, Coi.jindl [Ii,esklent �k- Shai,on Vlainin, Resklent, RilkwHa )awin hidlihns, l:::h,e �k- Joe [hiffie lintennahoinal 1:3milevai'd Action Coi,rii,rdttee, Gail I albainai'a, l::Ii.jlblHcWoi,lks �k- )eini-ds Robei,tsoin & [Manning Coi,rii,riissioinei, 1:31,einda I al:::Iei.ji,, hii,rian Resoi.jimes �k- Allan l::.:.lklbei,g Jenny IVlcCoy, CResklent& :::aMh Coi,rii,rii.jinity k- Stada Noin,is, linfoin'riahoin lechinology �k- Kathy I i o i.j g a Ay 1:31jain Nelson, CResklent& RilkwHa 1::Iool k- Nate RoNinson, [laidis and Reci,eahoin I..)e'S e a n Q i.j n n Advisory �k. Co,ri,ri it tee �k- C i,ystal Sweet, V Ii.ji-d6p al s C oi.ji't I odd ::I�etzscl , 1::)I::.CIk Kate Kin,jllei, I a nya I ay I o', 1:Ii.j b I c Wo I'li .elboi,ah Salas, Coi,rii,rii.ji-Ry Schools Collaboi,ahon )on loi,riaso, l:::h,e �k- Chai'ainpi,eet Sai,rii'a, Shident �k- [.:Me 1:3oylkain, hii,rian Sei'kes �k- Venna Seal, Coi.jindl [Ii,esklent& �k- Stelphai-de 133i,owin, 1hii,rian I Resoi.jimes and I..)ivei's ty Coi,rii,rdssloll �k- 1:3 o b G i b e i's o n, [I i.j b I i c Wo i,k s 1. a v i d S h i.j i,ri a te, 13 e s i d e n t& [I I a n 1-1 I'l-I g �k- Shelley Kei'slake, My Attoinney Coi,rii,rdssioin �k- li,islh Kh-dow, VIi.ji-d6pal Coi.ji't GaiN Singh, :Res dent& I.)evelopei, �k- 10'ribedy IVlatej, Govt. I Relahoins .Jei,iN Ilhoinnton, CResklent&Coi,rii,rii.jinity Ik- 1::Ieggy IVIcCai,tl-iy, :::hnaince [Iolke Advisory 1::I)oai,(] Ik- IVfai~V Vhotlke, linfo. lechinology Sai'ah Vallhei.j, :Res dent Ik- Clhi,ist)p 0'1=blheity, Ny Clei'lk I yinin Wallace, Clhai,rilbei,of Coi,rii,rieime �k- (VhkeWest, kilkwHa International �k- (Vick 01has, l:::h,e 1:3milevai'd Achoin Coi,rii,rdttee �k- Jack 1::Iace, Coi,rii,rii.ji-Ry )evelopi,rient I eshya Mg,ft [Ii,opei,fies, I I C 1.)ei,elk Speck, l::.:.conoi,rft 1.)evelolpi,rient John Mlhai,ris, Resklent l3di Still, [laidis and IReci~eatioi~i [.:.lahna Yoon, [:ahgi.je lechinology �k- (Vibe;Villa, [Iolke IIIII � MI ERK PROJECT TEAM "Helping Communities and Organizations Create (heir Best Futures" 2025 First Avenue, Suite 800 Seattle, Washington 98121 P (206)324-8760 www.berkconsulting.com 89 90 contents introduction planning process summary appendices 92 i r,U i I I" ul Rock 'n' Roll Marathon starting line,2009 93 94 INTRODUCTION This Strategic Plan will guide City of Tukwila actions and investments for the next five to ten years. It is grounded in an ambitious view of the future and identifies the City's role in making Tukwila the city of opportunity, the community of choice. We are committed to supporting individuals, families, businesses, and whole communities as they create and pursue their preferred opportunities. By working together with our partners to realize the aspirations of this Plan, we will ensure that Tukwila is the community of choice for residents, businesses, and visitors. This Plan does not map out a turn-by-turn path forward for the community. It provides direction and structure for ongoing conversations about what the City and its partners should do to better the community. Guided by the Plan's Community Vision and Goals, in each year's budgeting and planning cycle, City leaders, City staff, and the community as a whole will focus on answering a simple question: what do we need to do now to advance toward our shared Vision and Goals? More than eight months of conversation and hard work by community representatives and City staff contributed to the development of this Plan. These groups engaged a broad range of Tukwila's community in conversations about Tukwila and its future: What do we want Tukwila to be like in the future? How do we build on our strengths? How can we better meet the challenges of today and position ourselves for the future?Through this process, community representatives, staff, and City leaders have agreed on goals and strategies to best position Tukwila for the future. 95 96 April 2012 - December 2012 Tukwila's strategic planning process was designed to create a plan that is compelling enough to unite the community and practical enough to be realized. To accomplish this, the planning process included outreach, analysis, discussion, and consensus building across two project phases: Phase 1: Information Gathering & Issue Identification Phase 2: Strategy Development & Refinement Strategic Planning t a eg✓, <;� , ,,, PI Committees The effort was spearheaded by two committees that each met eight times between May and November 2012 to review information and consider the many challenges and opportunities facing Tukwila. BERK facilitated discussion and exploration of key ' topics to build consensus around the community's desired future. Steering Committee. The Steering Committee guided the strategic planning process and was the ultimate recommending g body to City Council. The Committee was � comprised of 21 diverse community representatives, many of whom play key roles within the extensive network of community and special interest groups that exist in Tukwila. Staff Committee. That Staff Committee included a cross- 04 POE olla fe, departmental team of 16 employees representing functions across the City. These individuals will be instrumental in implementing the Plan. bomber,of the,5tratogic,Planning,5torring Committee Community Engagement and samplo work in progross The City prioritized community engagement throughout the planning process to ensure the Plan is fueled by community members' aspirations for themselves and for their city. Over the course of the eight month process, hundreds of conversations aboutthe communityand its future occurred. These conversations, and the new connections they represent, are an important first step to making Tukwila's Vision a reality. The City is committed to broadening and refining its community engagement capacities and building on the gains made in the strategic planning process, as it works along with the community to achieve the Vision and Goals set out in the Plan. These commitments are articulated in Goal Five, Objectives A and B. C II II"Y 0 II'" 'll"IU Ilt II II A M"II"IPA A II II G II t If:,'IL...A III (II'"II III A II. IC)II'i A II II � 2..0 5 '� 2) 97 98 Graphic Ntrtos from Divorce C;rrrrlinunity Fbrurrr A Multi-Pronged Approach to Community Engagement CUMI'MUN, I TY Gf?"11"Oui'lls, The City took a broad and targeted approach to community engagement, including meetings with partners and community groups; interpreted discussions out in the community, and traditional online tools and public meetings. Efforts included: No, Project website and communications materials such as handouts, an- nouncements, and flyers No, Community Survey, with online and printed formats No, Information sharing and straw polls at community events, including Touch-a-Truck, Family Fourth at the Fort, and Tukwila Night Out No, Partner and community group Engagement — Strategic Planning committee members met with more than 20 community groups (listed to the right) Community Visioning and Draft Plan review meetings — Rainbow Haven Diverse Communities Forum (see summary graphic above) — Public open house on Draft Plan Targeted engagements to include perspectives of Tukwila's immigrant, refugee, and linguistic-minority communities — Cascade View Elementary Family Nights — Women's Refugee Alliance's Youth Leadership Class — Diverse Communities Forum Staff Engagement Executive Team worksessions — Staff Survey — Draft Plan review through all-staff coffee breaks 100 Unifying Themes Two themes run throughout the Plan, linking and strengthening the five Goals: An Emphasis on Partnering and Collaboration The City of Tukwila cannot accomplish the community's Vision and Goals working alone. Throughout this document, a variety of strategies are established to rally and focus the efforts of a team of partners, including the residents and businesses that call Tukwila home, local and regional community-based organizations, neighboring cities, and City of Tukwila departments and staff. A Broad Definition of "The Tukwila Community" The Tukwila community is defined in the broadest sense of the word, recognizing that Tukwila is a community of communities: The Tukwila community is made up of residents, businesses, and guests, including those who come to Tukwila to shop, visit our residents, or enjoy the many amenities and services Tukwila offers. The Tukwila community is also made up of many different ethnic communities, linguistic communities, and communities of interest. These include families who have lived in Tukwila for generations, recent refugees and immigrants from all over the world, young families, seniors, children, and members of countless organizations ranging from the Tukwila International Boulevard Action Committee, to active neighborhood groups, to our committed Ham Radio club. The communities that comprise Tukwila are what make it unique, dynamic, and positioned to be a model for other communities. There is a focus throughout this document on drawing on and enhancing the strengths of individual communities for the good of each and the good of the whole. 101 102 Plan Structure The Community Vision and five Goals describe the desired future of Tukwila. Meeting this Vision and these Goals will require the efforts of more than the City of Tukwila acting alone: it will require the contributions of all the City's partners, including residents, businesses, and local and regional community-based organizations. The City's Mission describes the role of the City of Tukwila in pursuing the Community Vision. This statement describes the focus of the City organization, its leadership, and staff. Five Goals establish high level aspirations and areas of effort. Under each of these Goals, Objectives (lettered items: A, B, C...) and Strategies (numbered items: 1, 2, 3...) describe how the City will achieve the Goals. Under some Strategies, Implementation Options (bulleted items) capture potential actions identified during the planning process. Actual implementation commitments will be made through the City's annual budget setting and workplanning process as discussed under Goal Four. 104 COMMUNITY V IS ION The city of opportunity, the community of choice . CITY MISSION To provide superior services that support a safe , inviting, and healthy environment for our residents , businesses , and guests . 105 106 STRATEGic GOALS & OBJECTIVES G 0 A 111 0141E A Community of Inviting Neighborhoods & Vibrant Business Districts A. Cultivate community ownership of shared spaces. B. Build a broad and collaborative approach to preventing crime and increasing the sense of safety. C. Focus City planning and investments on creating a connected, dynamic urban environment. D. Use City efforts and investments to realize established visions for specific sub-areas. G 0 A III °I1 WO A Solid Foundation for All Tukwila Residents A. Partner with organizations that help meet the basic needs of all residents. B. Strive for excellent education, vocational supports, and personal growth opportunities through effective partnerships and City services. C. Encourage maintenance, improvements, and diversity in the City's housing stock. G 0 A III IIIf"IIIh°IIII I1111f 1I A Diverse & Regionally Competitive Economy A. Embrace the City's economic potential and strengthen the City's role as a regional business and employment center. B. Strengthen the City's engagement and partnership with the business community. GOA1 I°IUIR A High-Performing & Effective Organization A. Use Tukwila's Vision, Mission, and Strategic Plan to focus and prioritize City efforts. B. Advance Tukwila's interests through participation in regional partnerships. C. Continue to develop as an organization and support individual growth. D. Ensure City facilities are safe, efficient, and inviting to the public. E. Ensure the long-term fiscal sustainability of the City. G0 A 111 1°°`IVIE A Positive Community Identity & Image A. Improve the City's ability to build trust and work with all members of the Tukwila community. B. Facilitate connections among Tukwila's communities. C. Promote a positive identity and image of Tukwila. 107 108 GOAL ONE A COMMUNITY OF INVITING NEIGHBORHOODS & VIBRANT BUSINESS DISTRICTS One of Tukwila's greatest strengths is its combination of strong, defined residential neighborhoods and a diverse business base. The commitmentto makingthe City's neighborhoods more inviting and its business districts more vibrant is essential to advancing the City's other aspirations contained in this Plan. Two priorities run through this Goal: ensuring the community is safe and visually attractive. These characteristics are strongly interlinked. When neighborhoods are inviting, people want to be in them. This activity deters crime, further improving neighborhood appeal. Inviting and appealing spaces also attract more shoppers and employers, supporting the vibrancy of business districts and strengthening the tax base that allows the City to invest in community-building and services. Goal One emphasizes a collaborative and inclusive approach to improving the physical appearance and safety of Tukwila's neighborhoods and business districts. In addition, it directs City planning and investments toward strengthening quality of life for residents and supporting the City's role as a major regional shopping and employment center. Areas of focus include making the City more accessible to bikers and walkers, advancing plans for particular sub-areas, and engaging residents and businesses in establishing and maintaining community-based expectations for how Tukwila's public and private spaces will look. 109 110 A. Cultivate community ownership of shared spaces. GOAL1. Expand the system of incentives, tools, and supports that encourage investment in and maintenance of private and public spaces. Improve Objectives & Strategies enforcement of the City's regulations. 2. Ensure City-owned properties meet the community's desired look and feel. Encourage partners to maintain their properties to similar standards. 3. Explore ways to use public art to beautify and enrich the community. .. 4. Reduce commercial activity that is not compatible with residential neighborhoods as opportunities arise. B. Build a broad and collaborative approach to preventing crime and increasing the sense of safety. 1. Engage all City departments in reducing crime. 2. Use environmental design principles to improve public safety. 3. Engage businesses and residents in preventing crime and preparing for emergencies. Over time, broaden the focus of H-Js engagement to other corrirriunity.... brail(ling efforts. I::::xI)loi,e opporturdhes to engage visitors in crime prevention and crime reporting. Improve relahonsl-iilps between the Cite and irrirriigrant corrirriurdhes around pubhc safety. 4. Partner with social service organizations and explore regional solutions to prevent crime. I:Review case data to idenhfy frequent violators and coor(linate with serke provklers to resolve issues. 111 112 C. Focus City planning and investments on creating a GOAL ONE connected, dynamic urban environment. 1. Prioritize changes that promote public safety, encourage the active use continued of space, and facilitate toot and bike access. Make sii iiints to support the desired eiient, including sidewalk, trail, street, and lighting irripiroverrients to support bilking and walking as funding and other factors allow. Identify appropriate parks to be ii safer for all ri by reduring vegetation to iii visibility, allowing other parks to have ii native landscaping. Advance irripleirrientation of the City Walk& Roll ::Ilan. 2. Explore creative ways to increase transit, toot, and bicycle access to community amenities, stores, and jobs. 3. Work with the community to identify desirable retail opportunities in residential neighborhoods. Fhe Walk & [RdHl [::Iairi is the Dty's fiiist pedestiiiairi and bcyde Ip air7. t inchides piqe(As to ing.)iiove sfteets and tiiads foii pedestii��a iris and Ncydhsts, Fhe [��Iairi has a "coinn�p�ete stimets" focus that ex�pairids the focus of tiiairisIpoiilafloiri IpIlairiiniiirig ftoinn keeIpirig caiis and tii nnovuirig to the udea that FiAwda's sti[eets shodd be foii eveiiyone, Fhe [��Iairi iiecoinninneirids seven adons to liinnlKpirove nnobdhly lien the Dty:: L Adqpfloiri of bcycde and Ipedestiriiairr inhastiniclixe desgirls, 2, Desigiriafloiri and adqpflon of "bcycde ftleiridy [outes," 3, Conflinue constinidoin of n6ghboiihood Iluiniks. 4. Il om than the nnuiriuinniiinn toir Ipedestiruairi safety, 5, [Radbanking foi[ the fijtii ire:: acqiiii[iirig and iii iirig abandoned ladl .......... ... MIIMMM 113 114 ��. IIIIIIV IIIIIIV IIIIII IIIIIIIIIII IIII IIIIIII IIIIII VIII IIIIII D. Use City efforts and investments to realize established GOAL visions for specific sub-areas. 1. Implement the community-led vision for the Tukwila International continued Boulevard neighborhood. 2. Work with businesses to finalize and implement the City's Southcenter Plan. 3. Continue to support the development of Tukwila South. 4. Tailor land use codes for the specific circumstances of individual sub- districts rather than applying one set of codes citywide. 5. Identify public and private infrastructure investments that will be needed to support the long-term vision for specific areas of the City. Use multi delpai'trrient teai,ris in long ten,ri Manning efforts to establish :hair" goals and target Cite investments in catalytic pi,ojects. March 19,2712 IN 6cILE Concept site plan 115 116 GOAL TW 0 A SOLID FOUNDATION FOR ALL TUKWILA RESIDENTS Cities are not only places where people sleep and eat, work, shop and play. Cities are places in which individuals and families make their lives. In collaboration with its partners, the City will work to establish a solid foundation from which all residents have access to opportunity and the ability to pursue their dreams, whether they are newcomers to the United States seeking access to education, affordable housing, and employment or seniors looking for a place to spend their retirement years. In this arena, Tukwila aims to be a model community, showcasing our strengths as a dynamic and diverse community. To achieve this Goal, Tukwila will act both as a provider of quality service and an excellent partner to the many organizations that serve Tukwila's community. Being a great partner means many things: facilitating connections, advocating, sharing information, increasing awareness, and funding. In fulfilling these roles effectively, the City will listen and work collaboratively with its partners to make a real and positive difference in the lives of community members. 112 117 118 A. Partner with organizations that help meet the basic needs GOAL of all residents. 1. Continue to advocate for vulnerable p o p ulations and increase Objectives & Strategies understanding of the challenges they face. 2. Actively collaborate with service providers supporting basic needs and job readiness. 3. Be a regional leader in efforts to increase housing security and meeting the needs of a dynamic community. I.xl)loi,e oppoiI for supporting cooperative and alternative housIng for transitioning and recent refugees. B. Strive for excellent education, vocational supports, and personal growth opportunities through effective partnerships and City services. 1. Strengthen the City's partnership with schools to identify and pursue shared goals. Seek opportunitIes to support educational and vocational goals of individuals who have "aged out" of the traditional school system. 2. Facilitate connections between educators, service providers, and businesses to link residents with job training and employment opportunities. 3. Improve access to parks and recreation programming to serve a broader range of Tukwila's residents. I:::.ngage corrirrirariit rrie;rril e;rs in icic;ritit irig rarirrie;t needs and Interests. I::::xl)loi,e oppoiI to Increase easy access to the lulkwila Corrirriurdty Center OCC) and bring prograrrirriirig out of the IN, into the corriI C. Encourage maintenance, improvements and diversity in the City's housing stock. 1. Engage communities in determining the desired look and feel for new housing units in established neighborhoods. 2. Promote the availability of quality housing options at all price points to support social diversity and ensure families and individuals can remain in Tukwila as life circumstances change. I::::xl)loi,e oppoiI to provide rrlore;assisted living options for seniors that are nc;itlic;r low Income; nor in home care. 119 120 m'1'% ; l. r GOALTHRE A DIVERSE & REGIONALLY COMPETITIVE ECONOMY The ability of the City of Tukwila to fulfill its Mission of providing superior services that support a safe, inviting, and healthy environment for our residents, businesses, and guests depends directly on the strength of its economy. Without maintaining a strong economy, the City will not be able to provide quality services to its residents and infrastructure for its neighborhoods. In addition to this critical role supporting the City's tax base, Tukwila businesses provide jobs, shopping options, and services for local residents. Tukwila is fortunate to have many significant economic assets, including its central location, diverse business base, and long- standing role as a regional retail and employment center. However, these are not guaranteed qualities. The City must take action to protect and strengthen its economic assets and regional role in the face of changing tastes, regional and global economic forces, and competitive moves by other communities. Tukwila and its businesses must be proactive and innovative to maintain, let alone increase, market share, employment levels, and City services. The City's economic development efforts will continue to be multi- pronged, addressing three aspects of the City's economy: 1. Protecting the City's role as a strong regional retail center and preparing for the retail market of the future. 2. Supporting the retention and expansion of the City's commercial and industrial businesses. 3. Cultivating the success of the City's entrepreneurs and small businesses, including businesses owned by refugees, immigrants, and non-native English speakers. 121 122 GOALTHREE continued To strengthen the competitiveness of Tukwila's economy, the City will support existing businesses, attract new business, and tap into the entrepreneurial talent and appetite for commerce of its residential population. Two very practical ways for the City to pursue these goals is to increase its communication with Tukwila businesses and ensure that City-controlled factors—such as permitting processes, business regulation, and customer service—are business-friendly. Businesses provide significant value to the Tukwila community, and are direct customers served ` through the City's Mission. In pursuing the aspirations of Goal Three, the City will engage Tukwila's businesses in strengthening the community. Tukwila businesses are largely untapped resources in this regard and have much to contribute and much to gain from a strengthened physical and social community fabric. When individual businesses prosper, there are benefits to Tukwila as a whole, and when the community prospers there are similarly benefits for individual businesses. , (Whole=aleTmde, is VVTU Transportation& and othelr guests 30,000 Ut,,tie=, 25,000 111111 Services Anothelf key chalractelfllsfl(:, of they (.,oinnlnnulniily liS 20,000 Retail 111111111 Construction& As palft.of ll" s [I' aln, Iiukwllla co innlnnllls�to Irlulrlulflling 0 Resources Is sliming and &velf s ecoinoinnIIc base Ir the coinnliing yealf`s. 124 1, Embrace the City's economic potential and strengthen the GOALTHREE City's role as a regional business and employment center. 1. Establish and implement an economic development strategy that Objectives & Strategies identifies ambitious goals and leverages the efforts of all City departments to strengthen the City's economy. 2. Employ a business-friendly approach to regulation while protecting the long-term interest of neighborhoods and businesses districts. 3. Strengthen the City's image as an economic hub, promoting Tukwila's businesses and the City as a good place to do business. 4. Promote understanding of the interdependencies and mutual interests among Tukwila residents, Tukwila businesses, and the City of Tukwila. B. Strengthen the City's engagement and partnership with the business community. 1. Improve the City's ability to have two-way communication with Tukwila businesses. 2. Cultivate business participation in strengthening and promoting the Tukwila community. 3 125 126 r y; GOAL FOU A HIGH-PERFORMING & EFFECTIVE ORGANIZATION This Strategic Plan is the first step in the next phase of Tukwila's history, but it is not the last step. This Plan will promote and inform additional conversations and decision-making, as the City and its partners work from year to year to implement the desires and ambitions established in this document. The City of Tukwila has provided high quality services to its community during its first hundred years and commits to strengthening this tradition going forward. Like all cities, Tukwila has finite resources. Goal Four describes the path to improving capabilities and efficiencies within the City to deliver more value to the community with the resources it has. A primary focus is having the different parts of the organization work better together. By aligning the efforts of City departments, individual staff members, and the City's partners around the shared Vision and Goals articulated in this Plan, the City will focus its efforts on achieving what matters most to the community it serves. Community Priorties for City Action,2012 Improving the local economy,with jobs and opportunities for area _businesse_s OIrgdin g feedback and corsu or wltr the Improving T u kwila's image and reputation in the region publllic us Ikey to a dry evliing the( t)jedves in Goall - _ - Ensuring the City is financially healthy Improving the physical appearance of the community Improving police services s olfo(,ess (see page. ), d I Is colnnllnnlllHed to Strengthening the local social safety net(supports and services for biioadeIrn ing Ilts colnnllnnlulr)I ly eingageInneint toolllkllt, Individuals and families in need) Increasing housing choices for all ages and incomes r flNs (.,haft sunnnnaiif zes inlput iie(.,6ved ftonn Improving traffic or road conditions the 2C II 2 Co lnnl lnnl a lnl li t S " Improving parks and recreation choices T IpIfuolf tlies. — k Improving bicycle and sidewalk connections Improving fire services Other(please specify) 0% 10% 20% fat% 40% 50% 128 The City Performance & Accountability Model illustrates how the Strategic Plan will be used to inform annual budgeting and workplanning efforts across the City, guiding efforts around the Vision and Goals established in the Plan. This Plan and Model do not commit the City to future actions, but establish a transparent process for developing and reporting on the City's efforts to achieve the desired outcomes established by the Plan. Each year, progress from the previous year will be reviewed and, together with updated community input, used to establish Council goals and departmental workplans. Based on these goals and plans, departments will propose annual performance targets for approval by City leadership and begin a new year's actions and investments designed to advance the community towards its Vision and Goals. Community Vision City Mission Goals Objectives iinvollves additionall colI lI and Ipalrtlmalr alm a almal t I II II III IIII VIII IIII Illlh" uuum unky Mp u4* 0� Council Goal Setting 0� Departmental Workplans uui�uui�uu uuIVuu iuiiiiuui uuiiiiiiu uui liiiiiull 0� Performance Reports 0� Measurable Goals 0� Situation Assessments 0� Performance Indicators oo, Vuoformabon Shan ng* 8',I�uu 4K7MMMMMF�Viu� � "r����uu uuiiiiiiui uulluu 1111 Iliiiiiiiiull 0� Imon Steps 0� Outcomes-based Funding 129 130 Oil A. Use Tukwila's Vision, Mission, and Strategic Plan to GOAL focus and prioritize City efforts. Objectives & Strategies 1. Align City efforts and priorities around the Strategic Plan, including Council goal-setting, the City's regular budgeting processes, and department-level workplanning. Create a results of I r,ustorrir;r sr;rvire culture foci.ase(I on achieving the City's IVIIssIon. [.:.stablish an annual process for revIewing progress and establIshIng I rir;w action plans for iiIritirig the rorrirrn.ariity aspirations set by thi CtI [Ilan. I::::stalblIslh City of lulkwila Values or Guk ing [Irindples to shape � I organizational culture and gi kle(JecIsIori rri�l�irig. FIhe sklillll and d'e6cafloln of FuA4illa's 2. Track and report progress on meeting Strategic Plan Goals to City ennl.)byees its a Q,olm sfl eingtlhl. We valhie staff, residents, businesses, and other interested parties. K yee cointlriibu�utiioins today iie I(Jentify I erforrriance rrir;asi. res by(Jel artrrient and establish tools and coinnllnnlliH d to fix their de vellqp ing oIx sklilHs sche(Jules for revIewing, sharing, and learning trorri progress. and iilnnllpii oviiing Ihow we vrroi* t¢ogetlhleii, y 3. Improve communication and strengthen relationships up, down, and across the organization. Il each g B. Advance Tukwila's interests through participation in beyond l Inl&ied a ar ll d'eIKaiitlnneints and iinfolrnned, 6stirllbuted regional partnerships. deQ,lisloinl lnnlalkliing that advances oIx c,ollllee:%ve goons, 1. Encourage broad participation of City staff and elected officials in regional partnerships. and ead'eiishlip I16hes on rill einnlp oyees 2. Be a regional leader in building common goals with our local and u matt i[stain6ing thl611 Ii6e vrrlifJNin the bail eil regional partners to achieve the greatest possible results. effolr l. Whlile establllish ink oIx Visbin, l iissbi l t�� e�Innlulnl « the Ihllillrinl�oiilaint fiilrst. C. Continue to develop as an organization and support oiig inliza lioln we wring to be, siginiifiicaint individual growth. wolrlk (hies in flront of us, 1. Encourage employee leadership throughout the organization. Engage tlNs 111an Ipii ovOes guiOaine:e to Iieviis ing and leverage the full abilities of each employee. oIx ¢)If`gaInlIlzaf11oIn4l stlf`ucluIf`es aInlat systeInn; and � ; as effec liv6y 2. Establish a culture and mechanisms to support ongoing growth and learning as an organization. of oIx I lissbin and lin Ipulrsuilt of oIx Q,oinnllnnlulnlity's Visbin and Goak. We v oUlld also belnefiit f ornl estaUhshling Arty of lulkvrriila Values that guOe (how we vrroi* wr tlhl one aInotlheii and (how we tlreat oIx paiitineiis and custoinnlei[s, 132 D. Ensure City facilities are safe, efficient, and inviting to GOAL the public. d E. Manage t h e long-term fiscal susta in ab ili ty o f t h e City. continue 1. Promote shared staff and community understanding of the City's fiscal position. Share information about significant revenue and cost factors, as well as the rationale for decision-making. 2. Focus City expenditures on community priorities and maximize efficiencies in service delivery. 1::.:.rali.aate City seirvi es and seirke dr;hveiN models relahve to the City's IVhsss on, Ctirate& I:1Ian,final outlook, and ongoing input f ro rri the c,o rri rri u r i ty. I::::stabHsh pol des and processes to adopt technology that irripiroves City services and rrial es the;rri more efficient. I::::xI)loi,e opporturdhes for re&nal pairtneirsh jps and re&nal service;ele he;ry models that are;fiscally be;rie;ticial to the City and in line;with corrii'mur ity values. I::::ncoi.arage future;ele;ve;loprrie;nt in locations where exx sting infrastructure can absorb the growth. 3. Increase City revenues to support quality services for the whole community. ggre ss� ve;ly pursue;olplporti.anihes to grow the City's bus rie ss tax base through econorrk development. I::::XI)loi,e options to increase revenues for the pi,Wsion of City services or tac,il hes for the be;ne;tit of our reskle;nts, bus rie;sses, and visitors through rrie;chardsrris that are;fair and appropriate. 133 134 Hill GOAL FIVE A POSITIVE COMMUNITY IDENTITY & IMAGE Goal Five addresses two interrelated aspects of the Tukwila community: its internal identity and its external image. TheCitywill make proactive effortsto strengthen Tukwila's identity. As a community composed of many smaller communities, this will be a complex and rewarding effort. Today, many people feel connected and committed to their own piece of Tukwila, be it a block, a neighborhood, a business park, or a particular linguistic, cultural, or interest group. Throughout the strategic planning process we heard a desire to increase the shared sense of belonging and membership in Tukwila as a whole. A first step is strengthening the City's ability to engage all community members, using online tools, traditional meeting formats, and innovative, adaptive formats that open lines of communication with members of communities not reached via other means. The City commits to following up on the successful community engagement efforts used in this planning process (see page 3), as well as learning from efforts that were not as successful, to continue to build strong relationships with individuals and groups. As the City's relationships with its many communities grow, it will seek to build bridges among these groups; connecting, sharing, and recognizing communities for the good of each and the betterment of all. These connections, together with the investments in neighborhoods, business districts, and other community supports as described in other Goals, will bolster our identity, strengthening shared understanding and appreciation for who we are as a community. As our internal identity takes shape, we will promote an aligned external identity that communicates a positive view of Tukwila to outsiders, including potential new residents, business owners, shoppers, and other guests. Tukwila has many strengths to communicate, from its geographic location—a community at the center of it all—to its positive business climate and dynamic and international shopping, recreation, and dining offerings. These aspects of the Tukwila story are important elements of the City's image and brand that will be promoted regionally. 136 A. Improve the City's ability to build trust and work with all GOAL members of the Tukwila community. 1. Broaden the City's toolkit to include new technology nd formats that gy Objectives & Strategies enable two-way communication. 2. Strengthen the City's ability to engage with communities that do not participate in traditional formats. Adopt ongagc�;rrir;rrt stratr;gir�;s that lacing Ci�ty staff and clr;c,�ision rriahe�;r out into the corrirriunitios they serve to engage in rrileardngful (lialogue. Cultvate rrileardngful, long term relahonsl-ides Mth rrierribers of the City's corrirrmnihes. L::xlaand the lingua sho and cultural corrilaotendes of Cite staff through training and hh,rig. 3. Cultivate participation by Tukwila's many communities in the City's decision-making processes. B. Facilitate connections among Tukwila's communities. 1. Build connections among the many communities that make up the broader Tukwila community. 2. Improve broad understanding and appreciation of all of the City's cultures. 137 138 C. Promote a positive identity and image of Tukwila. GOAL1. Take a proactive role in generating positive media coverage of the community. continued [Iii the City's amenities, cultural dyinaii and geographic location. Shift negative lions about rii in lulkwila. 2. Implement a long-term, scalable community branding effort. El.stablish roii themes that promote lulkwila's ii positive attributes. [.:Ylpaind corriii ii at City boundaries and at key points throughout the corriii establishing a clear corriii signature. Use Ii art that is representative of the City's diverse corriii; in the branding effort. 3. Promote Tukwila's international diversity as a strength and draw for regional visitors. Support III businesses in reaching new ii through iil facades, way finding banners, and coii promotions. 1::.:.xl)loi,e opportunities for establishing a III business district organization to provide ongoing support for small businesses operating within a deflined geographic area. 1::.:.xl)loi,e opportunities to establish a shopping and dining destination, shi to Seattle's [like [Ilace Market or International District. Fhe StiiategIic [::Iaininling Steeiiling Coinnir6bee geneiiated I lideas foil sfteingflheiniing Fijkwda's lilnnage by IpIrmac flvdy coinninnijinicafling the Dty's I posy[dive atkibijtes, S�pedfic iideas lilr dude&: ti 0, 11 imInnofiIIrkg bijsIinesses and atkadons IIoeated IIIrn lijkwda. Museum of Right 0, [:stablhshiing a coinninnijinily tag hine such as "Fijkwda at the Centeii of Ill AL" Fhe Coiie also geneiiated I �Ideas foil pos�floinling rijkwda as a dyinair6c, focall pdint of intennafloir4l languages and cijRixes by�: I in�ing Fijkwda intennafloir4l [3oij�evai[d 4th flags le�piieseirlflirlg the horne coijinti[ues of n6ghboiihood lesdents and bijs�iness owneiis, Cdebiiafling Fijkwda's dffei[eint (.,oinninnijinufles thi[ough cijRiji4l faiiils, fesflivals, ........ ......... and otheii events, 0, [RecoginuAing Fijkwda's Innij fu llli ingijall student body that is wdHl eqijlil[.)�ped foil �tarfiro,Sports einnlp oyinneint lien a gbba�l InnlaIrlketfpf ace, 140 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 12/10/12 TK Mayor's review ( `r V Conncil review 1r�1 v' ITEM INFORMATION ITEM No. STAFF SPONSOR: LATRICIA KINLOW ORIGINAL AGENDA DATE: 12/10/12 AGENDA ITEM TITLE Securitas Security Services USA, Inc. 12/10/12 Motion Date 12/10/12 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ■ Discussion ■ Mtg Date Mtg SPONSOR ❑ Counci l ❑ Mayor n DCD ❑ Finance ❑ .Fire E IT ❑ P&R ❑ Police ❑ PW I Court SPONSOR'S The City has a signed contract with Securtas for court security services since June 2006 SUMMARY (contract #06 -098). In an effort to have consistent language and requirements with all city vendors, this new contract includes the insurance liability language requirements. The scope of services is the same and the compensation remains at $40,000 /year during the 2013 -2014 budget cycle. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: M CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Tukwila Municipal Court Approved by Chair Hougardy to go to the Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $40,500, per year $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/12 MTG. DATE ATTACHMENTS 12/10/12 Informational Memorandum dated 12/3/12 Securitas Contract 141 142 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: LaTricia Kinlow, Court Administrator DATE: December 3, 2012 SUBJECT: Securitas Security Services USA, Inc. Contract ISSUE Securitas Security Services USA, Inc. provides security for the Tukwila Municipal Court. The current contract does not include the language now required by the City of Tukwila. Therefore a new contract is required. BACKGROUND The City has a contract with Securitas dating back to June 2006, which in the past only required an annual addendum to address the change in compensation for such services. The City recently revised City contracts to ensure consistency and address insurance requirements. As a result, there is a need to for a new contract with Securitas. DISCUSSION The current agreement has a termination date of December 31, 2012. To ensure the court has security on January 1, 2013, we are expediting this process. FINANCIAL IMPACT The Tukwila Municipal Court's 2013 -2014 Budget includes security services. There are no additional expenses resulting from this new contract outside of what is already in the upcoming biennial budget. The scope of services is the same and compensation remains at $40,000 a year during the 2013 -2014 budget cycle. RECOMMENDATION Due to the end of year scheduling, I am requesting that this item be forwarded to the December 10, 2012 Special meeting. ATTACHMENTS Contract for Services — Securitas Security Services USA, Inc. 143 144 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Securitas Security Services USA, Inc., a Delaware corporation, hereinafter referred to as "the Contractor," whose office is located at 3633 136th Place SE, Suite 315, Bellevue, WA 98006. WHEREAS, the City has determined the need to have certain security services performed for its citizens but does not have the manpower or expertise to perform such security services; and WHEREAS, the City desires to have the Contractor perform such security services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $80,020. Contractor may raise its rates on 30 days' written notice to account for any increases in (a) health care, benefit, or insurance costs, (b) labor or fuel costs, (c) costs arising from changes to laws, regulations, or insurance premiums, (d) SUI or similar taxes, or (e) any other taxes, fees, costs or charges related to the services. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2013 and ending December 31, 2014, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. 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. CA Revised 2012 Page 1 of 4 145 6. Indemnification. The Contractor shall defend (and control such defense), indemnify and hold the City, its officers, agents, officials, employees and volunteers (the "City Parties ") harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement (each a "Claim "), but only to the extent that any such Claim is caused by the negligence or misconduct of Contractor, its employees or agents while acting within the scope of their duties and authority. However, Contractor's liability to the City Parties will in no event exceed $2 million, and Contractor will not be liable to the City Parties for any punitive or consequential damages or damages arising from events beyond Contractor's reasonable control. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance 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. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Additional insured will only be covered by Contractor's insurance for liability assumed by Contractor in this Agreement, subject to the terns of Contractor's insurance 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor'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 CA Revised 2012 Page 2 of 4 146 maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall endeavor to provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within 30 days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor to correct the breach, immediately terminate the contract 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by either party giving to the other party at least thirty (30) days written notice of its intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, each party shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes CA Revised 2012 Page 3 of 4 147 all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its reasonable attorney's fees and costs of suit. 17. US Safety Act. Notwithstanding anything to the contrary, in connection with the US Safety Act, each party waives all claims against the other for damages arising from or related to an act of terrorism, and the parties intend for this waiver to flow down to their respective contractors and subcontractors. DATED this 4th day of December, 2012. CITY OF TUKWILA Mayor CONTRACTOR: SECURITAS SE P ' TY SERVICES USA, ► C. By: ,! Printed Name and Title d _\c vt -per (\\)? Address: 3633 136th Place SE, Suite 315 Bellevue, WA 98006 Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 Page 4 of 4 148 • h A SCOPE OF SERVICES: Seeuritas Court Security Officer The Semites court security officer shall provide the fallowing services and in , accordance with Court Security Officer Manual: 1. The officer shall conduct a security sweep of the court and surrounding area prior to and after shift. Shift hours are daily 8:30 a.m. to 4;30 p.m.. 2. physically screen all persons, with few exceptions, entering the Tukwila Municipal Court. The initial and primary screening method shall be via the metal detector arch. A hard wand metal detector shall be employed after two unsuccessful passes through the arch. The officer shall also physically search all belongings patrons intend to bring into the court area. With proper-identification city employees and law enforcement personnel may bypass the screening process.. 3. The officer shall temporarily store prohibited items (excluding firearms). The officer shall inform patrons that they must secure firearms elsewhere as they will not be stored on City property. 4. The officer shall be responsible for calibration and general maintenance of security equipment in accordance with manufacturer guidelines. 5. The officer shall be knowledgeable of the laws and rules that govern the security of court facilities and bring attention to the Tukwila Police any potential violations, The officer shall also he alert to any disruptive and/or unlawful behavior that may require police action. E X H I B I T A a . 149 Exhibit B City of Tukwila and Securitas Security Services USA, Inc. Contract for Services. Service Location: Servicing Office Location: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, WA 98188 Securitas Security Services USA, Inc. 3633 136th PL S.E., Suite 315 Bellevue, WA 98006 Tel: (425) 653 -1454 Fax: (425) 653 -1568 The following available rates would be in effect from 1/1/13 to 12/31/2014: $19.00 Bill Rate for New Officer Hired in 2013 - Based on 2000 Hours - Budget is $38,000 $19.76 Bill Rate for Experienced Officer - Based on 2000 Hours - Budget is $39,520 $19.57 Bill Rate for New Officer Hired in 2014 - Based on 2000 Hours - Budget is $39,140 $20.25 Bill Rate for Experienced Officer - Based on 2000 Hours - Budget is $40,500 *Bill Rates include Medical Insurance Coverage 40 Hours Per Week is the Baseline Schedule. Overtime rates will be charged as incurred for all hours in excess of the Baseline Schedule at 1.5 times the Bill Rate. 150 COUNCIL AGENDA SYNOPSIS Intttais Meeting Date Prepared by Mayor's review Council review 12/10/12 PMC ITEM INFORMATION ITEM NO. C� � STAFF SPONSOR: PEGGY MCCARTHY ORIGINAL AGENDA DATE: 12/10/12 AGENDA ITEMTI 1E Repeal Ordinance No 2390 to whether or not the bonds issued are callable correct a scrivener's for the Tukwila error in Section 9 A. related to Metropolitan Park District (TMPD) 12/10/12 ❑ Motion Mtg Date ❑ Resolution Mtg Date n Bid Award Mtg Date n Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion ►1 Ordinance Mtg Date Mtg Date 12/10/12 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ IT C P&R ❑ Police ( 1 Pik 1 DCD /1 Finance 1 1 Fire SPONSOR'S On 12/6/12 a scrivener's error was discovered. Section 9 A. Optional Redemption SUMMARY currently reads "the Bonds shall not be subject to optional redemption prior to maturity." The sentence contains the word "not" which would make the bonds non - callable. The City does want to have an optional redemption prior to maturity. This section should have read, The Bonds may be designated as subject to optional redemption as provided in Section 4.G of this ordinance. Adoption of the 2 attached ordinances is necessary to correct the error. REVIEWED BY ❑ COW Mtg. n CA &P Cmte ❑ F &S Cmte I 1 Transportation Cmte ❑ Utilities Cmte [ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Finance Department COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/10/12 MTG. DATE ATTACHMENTS 12/10/12 Ordinances in final form 1 L. 1 152 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Peggy McCarthy, Finance Director BY: Vicky Carlsen, Deputy Finance Director DATE: December 6, 2012 SUBJECT: Repeal of Ordinance No. 2390 related to issuing bonds for the Tukwila pool project and adoption of a new ordinance to correct a scrivener's error. ISSUE Repeal Ordinance No. 2390 to correct a scrivener's error in Section 9 A. related to whether or not the bonds issued for the Tukwila Metropolitan Park District (TMPD) are callable. BACKGROUND At the December 3, 2012 Regular Council meeting Ordinance No. 2390 was passed. This ordinance relates to contracting indebtedness, providing for the issuance, sale, and delivery of not to exceed $1,100,000 aggregate principal amount of limited tax general obligation bonds to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Metropolitan Park District. On December 6, 2012, a scrivener's error was discovered. Section 9 A. Optional Redemption currently reads "the Bonds shall not be subject to optional redemption prior to maturity." The sentence contains the word "not" which would make the bonds non - callable. The City does want to have an optional redemption prior to maturity. This section should have read, The Bonds may be designated as subject to optional redemption as provided in Section 4.G of this ordinance. DISCUSSION In order for these bonds to be callable in 10 years, Ordinance No. 2390 will need to be repealed and a new ordinance adopted that restates Section 9 A. correctly. RECOMMENDATION The Council is being asked to (1) adopt an ordinance repealing Ordinance No. 2390 and (2) adopt a new ordinance that restates Section 9.A correctly at the December 10, 2012 Special Meeting. ATTACHMENTS Ordinances in final form 153 154 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2390 RELATING TO THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $1,100,000 AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE POOL AND RELATED FACILITIES OWNED BY THE TUKWILA METROPOLITAN PARK DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2390 on December 3, 2012, providing for the issuance, sale and delivery of not to exceed $1,100,000 aggregate principal amount of limited tax general obligation bonds to provide funds necessary to undertake certain improvements to the pool and related facilities owned by the Tukwila Metropolitan Park District; and WHEREAS, after the ordinance was passed a scrivener's error was discovered in Section 9, subparagraph A, "Optional Redemption," where the word "not" was included in error; and WHEREAS, the text in Section 9, subparagraph A, "Optional Redemption," should be revised to read "The Bonds shall be subject to optional redemption as provided in Section 4.G. "; and WHEREAS, the City Council needs to repeal Ordinance No. 2390 in order to correct this error; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2390 is hereby repealed in its entirety. W: Word Processing \Ordinances \Repeal ordinance relating to bond issuance for MPD 12 -6 -12 VC:bjs Page 1 of 2 15 5 Section 2. Corrections by City Clerk or Code Reviser. 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 3. 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 4. 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 Special Meeting thereof this day of , 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 1 5 6 W: Word Processing \Ordinances \Repeal ordinance relating to bond issuance for MPD 12 -6 -12 VC:bjs Page 2 of 2 City of k w 1a Washington Ordinance No AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $1,100,000 AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO UNDERTAKE CERTAIN IMPROVEMENTS TO THE POOL AND RELATED FACILITIES OWNED BY THE TUKWILA METROPOLITAN PARK DISTRICT, AND TO PAY THE COSTS OF ISSUANCE AND SALE OF THE BONDS; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; AND PROVIDING FOR OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: A. "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity. B. "Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in that Bond. C. "Bond Counsel" means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. D. "Bond Fund" means the Limited Tax General Obligation Bond Fund, 2012, created for the payment of the principal of and interest on the Bonds. W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 1of13 157 158 E. "Bond Purchase -bns an offer to purchase the Bonds, setting forth certain terms and con. .r'F4 -of the issuance, sale and delivery of the Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City if consistent with this ordinance. F. "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds. G. "Bond Registrar" means the Fiscal Agent, or any successor bond registrar selected by the City. H. "Bonds" means the bonds issued pursuant to and for the purposes provided in this ordinance. 1. "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State. J. "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. K. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. L. "DTC" means The Depository Trust Company, New York, New York, or its nominee. M. "Designated Representative" means the officer of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2). N. "Final Terms" means the terms and conditions for the sale of a Series of Bonds including, but not limited to the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. O. "Finance Director" means the Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. P. "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. Q. "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. R. "Issue Date" means, with respect to the Bonds, the date of initial issuance and delivery of the Bonds to the Underwriter in exchange for the purchase price of the Bonds. W: Word Processing\Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 2 of 13 S. "Letter of Representations" means the Blanket Issuer Letter of Representations dated October 18, 1999, between the City and the Securities Depository, as it may be amended from time to time, or any successor or substitute letter relating to the operational procedures of the Securities Depository. T. "MSRB" means the Municipal Securities Rulemaking Board. U. "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. V. "Project" or "Pool Improvement Project" means certain improvements, repairs and upgrades to the pool and related facilities owned by the Tukwila Metropolitan Park District, and other capital purposes as deemed necessary and advisable in accordance with an interlocal agreement between the City and the District. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, shall be included as costs of the Project. The term "Project" includes acquisition, construction and installation of all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances. W. "Project Fund" means the Pool Improvement Fund, 2012, created for the purpose of carrying out the Project. X. "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. Y. "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. Z. "Registered Owner" means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book — entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. AA. "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. BB. "SEC" means the United. States Securities and Exchange Commission. CC. "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City, or the nominee of any of the foregoing. Any Securities Depository must be qualified under applicable laws and regulations to provide the services proposed to be provided by it. DD. "State" means the State of Washington. W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 3 of 13 1 5 9 EE. "System of Registration" means the system of registration for the City's bonds and other obligations set forth in Ordinance No. 1338 of the City. FF. "Term Bonds" means those Bonds designated as Term Bonds and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Agreement. GG. "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 15 of this ordinance. HH. "Underwrites" means Seattle- Northwest Securities Corporation, Seattle, Washington. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: A. Authority and Description of Project. The City and the Tukwila Metropolitan Park District are in need of funds with which to undertake needed improvements, repairs and upgrades to the pool and related facilities owned and operated by the Tukwila Metropolitan Park District. RCW 35.61.290, 36.61.300 and 67.20.010 authorize the City to independently or jointly undertake such improvements to pools and other recreational facilities. The City Council therefore finds that it is in the best interests of the City to carry out the Project. B. Plan of Financing. Pursuant to applicable law, including without limitation chapters 35.37 RCW, 39.46 RCW and other applicable law, the City is authorized to issue general obligation bonds for the purpose of financing the Project. The total expected cost of the Project is approximately $1,666,666, which is expected to be made up of proceeds of the Bonds and other available money of the City or the Tukwila Metropolitan Park District. C. Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $1,100,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: 1. The assessed valuation of the taxable property within the City as ascertained by the last assessed valuation of the taxable property in the City is $4,660,649,637 for the collection year 2012. 2. As of November 1, 2012, the City has limited tax general obligation indebtedness, consisting of bonds and leases outstanding in the principal amount of $21,011,400, which is incurred within the limit of up to 11/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote. 3. As of November 1, 2012, the City has no unlimited tax general obligation indebtedness for capital purposes only for general municipal purposes; for City -owned water, artificial light, and sewers; or for acquiring or developing open space, park facilities, and capital facilities associated with economic development. W: Word Processing \Ordinances \Bond issuance 2012 for MPD- correc401'42 -6 -12 1 60 vc:bis Page 4 of 13 D. The Bonds. For the purpose of providing the funds necessary to carry out the Project and pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Underwriter, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing indebtedness in the amount of not to exceed $1,100,000 to provide funds necessary to carry out the Project and to pay the costs of issuance and sale of the Bonds. The proceeds of the Bonds, after payment of costs of issuance, shall be deposited as set forth in Section 8 and shall be used to carry out the Project, or a portion of the Project, in such order of time as the City determines is advisable and practicable. Section 4. Description of the Bonds; Appointment of Designated Representative. The Finance Director is appointed as the City's Designated Representative and is authorized and directed to conduct a negotiated sale of such Bonds to the Underwriter upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as he or she deems advisable, within the following parameters: A. Principal Amount. The Bonds shall not exceed the aggregate principal amount of $1,100,000. B. Date. The Bonds shall be dated as of their date of delivery to the Underwriter, which date may not be later than December 1, 2013. C. Denominations, Designation, etc. The Bonds must be issued in Authorized Denominations, shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. D. Interest Rate(s). The Bonds shall bear interest at fixed rates per annum (computed on the basis of a 360 -day year of twelve 30 -day months) from their date or from the most recent interest payment date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds, provided that no rate of interest for any Bond may exceed 6.00 %, and the "all -in" true interest cost to the City for the Bonds may not exceed 4.00 %. E. Payment Dates. Interest must be payable at fixed rates semi - annually on each June 1 and December 1, commencing on the next such semi - annual date occurring at least 45 days after the Issue Date. Principal payments shall commence on December 1, 2013 and must be payable at maturity or in mandatory redemption installments on such dates as are acceptable to the Designated Representative. F. Final Maturity. The Bonds shall mature no later than December 1, 2027. W: Word Processing\Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 5 of 13 161 G. Redemption Rights. In his or her discretion, the Designated Representative may approve in the Bond Purchase Agreement provisions for the optional and mandatory redemption of Bonds, as follows: 1. Optional Redemption. Any Bond may be designated as being (a) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Agreement; or (b) not subject to redemption prior to its maturity date. If a Bond is designated as subject to optional redemption prior to its maturity, it must be subject to such redemption on one or more dates occurring not more than 10 -1/2 years after the Issue Date. 2. Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Agreement. H. Price. The purchase price for the Bonds may not be less than 65% or more than 120% of the stated principal amount of the Bonds. I. Other Terms and Conditions. 1. The Bonds may not be issued if it would cause the indebtedness of the City to exceed the City's legal debt capacity on the Issue Date. 2. The Bonds may be sold by negotiated sale to the Underwriter in accordance with Section 14 of this ordinance. 3. The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. 4. The Mayor is authorized to execute an interlocal agreement with the Tukwila Metropolitan Park District substantially in the form on file with the City Clerk, with such changes as he may deem necessary or convenient. Section 5. Bond Registrar; Registration and Transfer of Bonds. A. Bond Registrar; Duties. The Fiscal Agent is appointed as Bond Registrar for the Bonds. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar may become an Owner of a Bond with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Beneficial Owners. W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 16 2 vc:bis Page 6 of 13 B. Bond Register; Transfer and Exchange. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. C. Securities Depository; Book -Entry Form. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC, acting as Securities Depository. Bonds so registered shall be held fully immobilized in book -entry form by DTC in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond (or portion of a Bond) held in book -entry form may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City or such substitute Securities Depository's successor; or (iii) to any person if the Bond is no longer held in book -entry form. Upon the resignation of the Securities Depository from its functions as depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) a Securities Depository resigns from its functions as depository, and no substitute Securities Depository can be obtained, or (ii) the City determines that a Bond is to be in certificated form, such Bond no longer shall be held in book -entry form and the ownership of such Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice which is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. A. Form of Bonds; Signatures and Seal. The Bonds shall be prepared in a form consistent with the provisions of this ordinance and State law. The Bonds shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 7 of 13 163 164 the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. B. Authentication. Only Bonds bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate Of Authentication. This Bond is one of the fully registered City of Tukwila, Washington, Limited Tax General Obligation Bonds, 2012." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For as long as a Bond is registered in the name of the Securities Depository, payment of principal of and interest on that Bond shall be made in the manner set forth in the Letter of Representations. If a Bond ceases to be in book -entry form, interest on that Bond shall be paid by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register as of the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least 10 days before an interest payment date and at the sole expense of the requesting Registered Owner. Principal of a Bond shall be payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts; Deposit of Proceeds. A. Bond Debt Service Fund. The Bond Fund is created as a special fund for the sole purpose of paying principal of and interest on the Bonds. Bond proceeds in excess of the amounts needed to pay the costs of the Project and the costs of issuance, if any, shall be deposited into the Bond Fund. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund as necessary for the timely payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds shall be paid out of the Bond Fund, and until needed for this purpose, the City may invest money in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and be used for the purposes of that fund. B. Project Fund. The Project Fund is created for the purpose of paying the costs of the Project. Proceeds received from the sale and delivery of the Bonds shall be deposited into the Project Fund and used to pay the costs of the Project and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Fund and be used for the purposes of that fund, except that W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 8 of 13 earni:bject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Fund and used for those tax or rebate purposes. Section 9. Redemption Provisions and Open Market Purchase of Bonds. A. Optional Redemption. The Bonds may be designated as subject to optional redemption as provided in Section 4.G of this ordinance. B. Mandatory Redemption. Bonds designated as Term Bonds by the Designated Representative, within the parameters set forth in Section 4, if not purchased and surrendered for cancellation under the provisions set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the redemption dates and in the redemption amounts as set forth in the Bond Purchase Agreement. If Term Bonds are purchased by the City and cancelled, or defeased, the principal amount of the Term Bonds so purchased or defeased (irrespective of their actual purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. C. Partial Redemptions. Portions of the principal amount of any Bond, in any Authorized Denomination, may be redeemed. If Tess than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed. While a Bond is held in book -entry form by the Securities Depository or its nominee, selection of the principal portion of any Bond to be partially redeemed shall be done in accordance with the Letter of Representations. If a Bond ceases to be held in book -entry form by the Securities Depository or its nominee, the portion to be partially redeemed shall be selected randomly in such manner as the Bond Registrar shall determine. D. Notice of Redemption. While a Bond is registered in the name of the Securities Depository, notice of redemption shall be given as required in accordance with the Letter of Representations. If a Bond ceases to be held in book -entry form by the Securities Depository or its nominee, unless waived by the Registered Owner of the Bond to be redeemed, the City shall cause notice of an intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the Registered Owner of each Bond to be redeemed at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner of any Bond. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 9 of 13 165 the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of a Bond. E. Effect of Redemption. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption. F. Open Market Purchase. The City reserves the right to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure To Pay Bonds. If any Bond is not redeemed when properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity date or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for repaying the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same becomes due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds. Section 12. Tax Covenants; Designation of Bonds as "Qualified Tax - Exempt Obligations." A. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. B. Post - Issuance Compliance. The Finance Director is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenants in this Section 12 and the applicable requirements of the Code that must be satisfied after the issue date to maintain the tax treatment of the Bonds and the receipt of interest thereon. C. Designation of Bonds as "Qualified Tax - Exempt Obligations." The Bonds shall be designated as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 16 6 vc:bjs Page 10 of 13 1. the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; 2. the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax - exempt obligations from the City, or that issues tax - exempt obligations on behalf of the City) will issue during the calendar year in which the Bonds are issued will not exceed $10,000,000; and 3. the amount of tax - exempt obligations, including the Bonds, designated by the City as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on the Bonds (the "defeased Bonds "); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account "), money and /or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. While a Bond is registered in the name of the Securities Depository, notice of any defeasance shall be given in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. If a Bond ceases to be held in book -entry form, then unless specified by the City in a refunding or defeasance plan, selection of Bonds to be defeased, notice of defeasance and replacement of Bond certificates shall be done in accordance with the provisions of this ordinance for the redemption of Bonds prior to their maturity. Section 14. Delivery of Bonds. The Designated Representative is authorized to sell the Bonds to the Underwriter by negotiated sale. In determining the Final Terms of the Bonds, the Designated Representative shall take into account those factors that, in his or her judgment, may be expected to result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current interest rates for obligations comparable to the Bonds. The Bond Purchase Agreement shall set forth the Final Terms of the Bonds. The Designated Representative is authorized to execute the Bond W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 11 of 13 167 Purchase Agreement on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance.. The Bonds will be prepared at City expense and will be delivered to the Underwriter in accordance with the Bond Purchase Agreement, with the approving legal opinion of Bond Counsel regarding the Bonds. Section 15. Official Statement; Continuing Disclosure. A. Preliminary Official Statement. The Designated Representative shall review the form of the preliminary official statement prepared in connection with the sale of the Bonds to the public. For the sole purpose of the Underwriter's compliance with paragraph (b)(1) of Rule 15c2 -12, the Designated Representative is authorized to "deem final" that preliminary official statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2 -12. The City approves the distribution to potential bond purchasers of a preliminary official statement that has been "deemed final" in accordance with this paragraph. B. Approval of Final Official Statement. The City approves the preparation of a final official statement for the Bonds to be sold to the public, in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Underwriter. The City authorizes and approves the distribution by the Underwriter of that final official statement to purchasers and potential purchasers of the Bonds. C. Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds, the Designated Representative is authorized to execute a written undertaking to provide continuing disclosure for the benefit of holders of the Bonds in substantially the form attached as Exhibit A. Section 16. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without requiring the consent of any Owners of the Bonds: 1. To add covenants and agreements that do not adversely affect the interests of the Beneficial Owners of the Bonds, or to surrender any right or power reserved to or conferred upon the City. 2. To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 17. General Authorization and Ratification. The Designated Representative, and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Underwriter and for the proper application, use and investment of the bond proceeds. All actions taken prior to the effective date of this ordinance in furtherance of W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 1 68 VC:bjs Page 12 of 13 the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Corrections by City Clerk or Code Reviser. 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 19. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 20. 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 Special Meeting thereof this day of , 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — Form of Undertaking to Provide Continuing Disclosure W: Word Processing \Ordinances \Bond issuance 2012 for MPD- corrected 12 -6 -12 VC:bjs Page 13 of 13 169 170 EXHIBIT A Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Tukwila, Washington Limited Tax General Obligation Bonds, 2012 To meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the above - referenced Bonds (the "Bonds "), the City makes the following written Undertaking for the benefit of holders of the Bonds: A. Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: 1. Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection B of this section ( "annual financial information "); 2. Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non - payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; A -1 171 (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2 -12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. 3. Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection B of this section. B. Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection A of this section: 1. Shall consist of: (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to State local governmental units such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are otherwise prepared and available they will be provided; (2) principal amount of general obligation bonds outstanding at the end of the fiscal year described in the filed financial statements; (3) assessed valuation for that fiscal year; (4) regular property tax levy amount and rate for that fiscal year; and (5) a statement of revenues for that fiscal year from other revenue sources pledged to the Bonds (if any); 2. Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2012; and 3. May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. C. Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2 -12. A -2 172 The City will give notice to the MSRB of the nbstance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. D. Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and the Beneficial Owner of a Bond, and shall not inure to the benefit of or create any rights in any other person. E. Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of Rule 15c2 -12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. F. Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of a Beneficial Owner of a Bond shall be to take action to compel the City or other obligated person to comply with the Undertaking, including seeking an order of specific performance from an appropriate court. G. Designation of Official Responsible to Administer Undertaking. The Finance Director or his or her designee is authorized to take such further actions as may be necessary, appropriate or convenient to carry out this Undertaking in accordance with Rule 15c2 -12, including, without limitation, the following actions: (1) Preparing and filing the annual financial information undertaken to be provided; (2) Determining whether any event specified in subsection A has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (3) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2 -12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2 -12; (4) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (5) Effecting any necessary amendment of the Undertaking. A -3 173 174 Upcoming Meetings & Events December 2012 r 10th (Monday) 11th (Tuesday) 12th (Wednesday) 13th (Thursday) 14th (Friday) 15th (Saturday) > Community Affairs & Parlcs Crate, Cancelled ➢ City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers). to be immediately followed by a Special Meeting. > Utilities Cmtc, Cancelled > Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) > COPCAB, 6:30 PM (CR #5) Rescheduled from December 26. ➢ Planning Commission, 6:30 PM (Council Chambers) ➢ Tukwila Historical Society, 7:00 PM (Nelsen Historical Trust House, 15643 West Valley Hwy.) Rescheduled from 12/20/12 Ribbon Cutting Ceremony — Southcenter Parkway to j( trse AM (Intersection of Sorthcenter Pkxy & Segale Park Drive C). An evening with the Grinchl ,ik� t n' is 6:30 PM (Tukwila Community Center) ) Enjoy a free indoor movie to get in the holiday spirit! Doors open at 6:00 pm. (Concessions will be available). Donations of canned food will be collected for the Tukwila Food Pantry. 17th (Monday) 18th (Tuesday) 19th (Wednesday) 20th (Thursday) 21st (Friday) 22nd (Saturday) > City Council Regular Mtg., 7:00 PM (Council Chambers) "TENTATIVE" ➢ Tukwila Metropolitan Park District Board of Commissioners Special Meeting, 5:30 PM (Council Chambers) > Parks Commission, 5:30 PM (Community Center) Tukwila Tree and Environment Advisory Committee Meeting 6:00 — 8:00 PM (CR 62 — 6300 Southcenter Blvd) ➢ Library Advisory Board, 7:00 PM (Foster Library) > Arts Commission: 1st Tues., 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342. ➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. > Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room 63. Contact Kim Gilman at 206 -931 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #3 Meeting Cancelled. ➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206 - 433 - 7175). ➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Joyce Trantina at 206 - 433 -1850. > Finance & Safety Committee: 1st & 3rd Tues., 5:15 PM, Conf. Room #3 > Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206 - 767 -2342. > Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 -575- 2489. > Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Dave Johnson at 206 - 767 -2308. > Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. > Transportation Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1 > Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59`h Avenue S. Contact Pat Brodin at 206 -433 -1861. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206- 933 -1815. ➢ Utilities Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1 Meeting Cancelled. 175 Tentative Agenda Schedule MEETING 3 REGULAR MEETING 4 - C.O.W. December 3 10 See agenda packet cover sheet for this week's agenda (December 10, 2012 Committee of the Whole Meeting). 17 24 January 7 New Business: Election of 2013 Council President. 14 22 (Tuesday) 28 176