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HomeMy WebLinkAboutReg 2023-04-17 COMPLETE AGENDA PACKETTukwila City Council Agenda •••• REGULAR MEETING ❖ �q J*NOLA A. sem: 1, `''�r 1905 Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn David Cline, City Administrator + Kate Kruller + Thomas McLeod Cynthia Delostrinos Johnson, Council President ❖Mohamed Abdi ❖ Tosh Sharp THE MEETING WILL ON-SITE THE Monday, April 17, BE CONDUCTED PRESENCE WILL PHONE NUMBER For Technical 2023; 7:00 BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY. BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD). FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting Support during the meeting call: 1-206-433-7155. PM • Ord #2700 • Res #2068 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS— including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting the date. Please clearly indicate that your message is for public comment during meeting, and you will receive further instructions. 4. CONSENT AGENDA a. Approval of Vouchers b. An ordinance granting Highline Water District a non-exclusive franchise to construct, maintain, operate, replace and repair a water system within public rights-of-way of the City of Tukwila, and fixing a time when the same shall become effective. [Reviewed and forwarded to Consent by the Committee of the Whole on 4/10/23.] c. Accept as complete the East Marginal Way Stormwater Outfalls Project (Contract #20-118) with Marshbank Construction; authorize release of retainage, subject to the standard claim and lien procedures (final cost of project, including retainage: $1,429,895.21). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 4/3/23.] d. Authorize the Mayor to sign a contract with KPG, Inc. for on-call engineering and design services for the 2023 Neighborhood Traffic Calming Program in an amount not to exceed $100,000.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 4/3/23.] (continued...) Pg.1 Pg.29 Pg.39 REGULAR MEETING April 17, 2023 Page 2 4. CONSENT AGENDA (cont.) e. Accept as complete the 2022 Annual Small Drainage Program (Contract #22-070) with Titan Earthwork, LLC; authorize release of retainage, subject to the standard claim and lien procedures (final cost of project, including retainage: $452,790.06). [Reviewed and forwarded to Consent by the Transportation and Infrastructure Services Committee on 4/3/23.] f. Authorize the Mayor to sign a contract with Flock Group, Inc. for automated license plate readers in an amount not to exceed $200,000.00. [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 4/10/23.] g. A resolution approving an Interlocal Agreement with National Purchasing Partners (NPPGov). [Reviewed and forwarded to Consent by the Community Services and Safety Committee on 4/10/23.] Pg.59 Pg.69 Pg.95 5. UNFINISHED BUSINESS a. Puget Sound Regional Fire Authority (PSRFA) annexation: (1) A resolution approving the annexation of the City into the Puget Sound Regional Fire Authority and approving the amendments to the 2023 Puget Sound Regional Fire Authority Plan. (2) A resolution calling for King County Elections to place a proposition on the primary election ballot on August 1, 2023, concerning annexation of the City of Tukwila into the Puget Sound Regional Fire Authority to maintain current Fire and EMS service levels. b. Authorize the Mayor to sign a contract with Makers Architecture and Urban Design, LLP, for the periodic update of the Comprehensive Plan, in an amount not to exceed $125,000.00. c. An ordinance amending Ordinance No. 1995 §1 (part), as codified in Tukwila Municipal Code (TMC) Section 11.04.040, "Definitions"; Repealing Ordinance No. 1995 §1 (part), as codified in TMC Chapter 11.28; Reenacting TMC Chapter 11.28, "Undergrounding of Utilities," to update definitions and adopt new regulations related to undergrounding of utilities. Pg.139 Pg.141 Pg.169 Pg.173 Pg.221 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report, 2023 1st Quarter Work Plan update Pg.235 (continued..) REGULAR MEETING April 17, 2023 Page 3 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. 3. The opponent is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 04/10/23 JR ❑ Motion Mtg Date ❑ Resolution Mtg Date 04/17/23 JR ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 4/17/23 SPONSOR Council ❑Mayor ❑HR DCD ❑Finance ❑Fire ITS ❑P&R ❑Police a PW Court SPONSOR'S The Highline Water District currently serves 620 residential and business accounts located SUMMARY within the City of Tukwila.The City finds that the entire water system operated and maintained by the HWD is reasonably stable and reliable. This agreement mitigates the City's permit process for efficient and time -saving operations and maintenance activities, thus saving both parties involved time and cost. Council is being asked to approve the franchise agreement with the City of Tukwila and Highline Water District. REVIEWED BY /1 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 04/03/23 ITEM INFORMATION ITEM No. 4.B. 1 STAFF SPONSOR: SEONG KIM ORIGINAL AGENDA DATE: 04/17/23 AGENDA II'EMTITLE Franchise Agreement with the City of Tukwila and Highline Water District CATEGORY /1 Discussion 04/10/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date /1 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg Date Mtg Date 4/17/23 SPONSOR Council ❑Mayor ❑HR DCD ❑Finance ❑Fire ITS ❑P&R ❑Police a PW Court SPONSOR'S The Highline Water District currently serves 620 residential and business accounts located SUMMARY within the City of Tukwila.The City finds that the entire water system operated and maintained by the HWD is reasonably stable and reliable. This agreement mitigates the City's permit process for efficient and time -saving operations and maintenance activities, thus saving both parties involved time and cost. Council is being asked to approve the franchise agreement with the City of Tukwila and Highline Water District. REVIEWED BY /1 Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 04/03/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Forward to the Committee of the Whole and Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/10/23 Forwarded to next Regular Meeting Consent Agenda 04/17/23 MTG. DATE ATTACHMENTS 04/10/23 Informational Memorandum dated 03/31/23 Draft Franchise Agreement/Ordinance Tukwila Water District Map Minutes from T&I Committee meeting of 04/03/23 (distributed separately) 04/17/23 Final ordinance 1 2 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING HIGHLINE WATER DISTRICT A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A WATER SYSTEM WITHIN PUBLIC RIGHTS-OF-WAY OF THE CITY OF TUKWILA, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Highline Water District, a Washington special purpose municipal corporation ("District"), owns water facilities ("Facilities") located in the City of Tukwila, a Washington non -charter municipal code city ("City"), and a portion of such Facilities are located within the City right-of-way as hereinafter defined; and WHEREAS, RCW 57.08.005(3) authorizes the District to conduct water throughout the District and any city and town therein, and construct and lay facilities along and upon public highways, roads and streets within and without the District; and WHEREAS, RCW 35A.47.040 authorizes the City to grant non-exclusive franchises for the use of the public streets above or below the surface of the ground by publicly owned and operated water facilities; and WHEREAS, the City and the District have prepared this Franchise Agreement to provide for the operation of District Facilities within the City right-of-way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. Where used in this franchise (the "Franchise") these terms have the following meanings: A. "Blanket Activities" means work that does not include cutting, removing, or disturbing the pavement surface which includes but is not limited to the following activities: simple service disconnects for customers, accessing existing vaults, maintaining hydrants/vaults, raising/adjusting valves, vegetation management, replacing above- ground meter, installing water sampling stations, flushing activities, and lining pipes. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 1 of 24 3 B. "City" means the City of Tukwila, a Washington municipal corporation, and its respective successors and assigns. C. "District" means the Highline Water District, a Washington municipal corporation, and its respective successors and assigns. D. "Facility" or "Facilities" means tanks, reservoirs, water treatment facilities, meters, pipes, mains, services, valves, blow offs, vaults, fire suppression water facilities, risers, generators, electrical control panels, power meters, telephone connections, pressure reducing valves ("PRVs"), pump stations, meter stations, lines, and District - owned service lines located in the Franchise Area as defined below, and all other necessary or convenient facilities and appurtenances thereto for the purpose of operating a water utility system, whether the same be located over, on, or underground. E. "Franchise Area" means every and all of the public roads, streets, avenues, alleys, highways and rights-of-way of the City as now or hereafter laid out, platted, dedicated or improved; and any and all public City roads, streets, avenues, alleys, highways, and other rights-of-way that may hereafter be laid out, platted, dedicated or improved in the District's service area, within the present corporate boundaries of the City (as depicted in Exhibit B, attached hereto, which is by this reference incorporated as if fully set forth herein), and as such corporate boundaries may be extended within District's service area by annexation or otherwise, but shall not include private roads, streets, avenues, alleys or private property. The Franchise Area shall not include or convey any right to the District to install facilities on, or to otherwise use, City owned or leased properties. F. "Ordinance" means this Ordinance No. , which sets forth the terms and conditions of this Franchise. G. "Party" or "Parties" means the City or the District individually, or collectively as addressed in this Franchise. H. "Revenue" means income received by the District from the sale of metered water to direct retail customers whose properties receiving such service from the District's water system are located within the City. Revenue shall not include: late fees; shut-off and reconnect fees; delinquent service charge collection costs and expenses; surcharges; impact or mitigation fees; permit fees and costs; any type of connection charges, general facilities charges, or local facilities charges; local improvement district and utility local improvement district assessments and payments; grants; contributed assets (contributions in aid of construction); income to recover the cost of fire suppression facilities and to pay for the provision of fire suppression services; loans; income from legal settlements not related to water sales to District customers; income from telecommunication leases or licenses; income from real property or from real property sales; income from the sale of surplus equipment, tools, or vehicles; interest income; penalties; hydraulic modeling fees; water system extension agreement fees and charges; income from street lights; labor, equipment and materials charges; or any other fees and charges. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 2 of 24 4 Section 2. Franchise. A. In addition to the authority granted by State law to the District to locate, operate, and maintain its Facilities in public roads and streets, the City does hereby grant to the District the non-exclusive right, privilege, authority and franchise to construct, install, lay, support, attach, maintain, repair, renew, replace, remove, enlarge, operate and use Facilities in, upon, over, under, along, through, and across the Franchise Area for purposes of its water utility functions as defined in Title 57 RCW. B. Nothing contained in this ordinance is to be construed as granting permission to the District to go upon any other public place other than those types of public places specifically designated as the Franchise Area in this ordinance. Permission to go upon any other property owned or controlled by the City must be sought on a case-by-case basis from the City and may require lease or rental payments as a condition of such use. C. In addition to the rights granted to the District to undertake and perform activities within the Franchise Area as provided herein, the District shall have the right to discharge District water supply to and into the City's storm water system while performing water system flushing and other District activities, provided any District water discharged to the City's storm water system must comply with all applicable federal and state water quality standards and the City's NPDES permit relating to the City's storm water system. D. At all times during the term of this Franchise, the District shall fully comply with all applicable federal, state and local laws and regulations and required permits, including, but not limited to, RCW 39.04.180 for construction trench safety systems, chapter 19.122 RCW for utility damage prevention, the State Environmental Policy Act, the State of Washington Pollution Control Law, and the Federal Clean Water Act. E. The terms, conditions, and provisions of Tukwila Municipal Code ("TMC") Title 11, as currently written, or hereafter modified, are incorporated herein by reference. In the event that a conflict exists between the terms of this Franchise and the terms of the TMC, the terms of this Franchise shall control. F. The terms of this Franchise shall not impair or interfere with the District's rights under any easements that cover areas within any existing or future City rights-of-way. The District's easement rights shall remain in effect unless formally relinquished by the District or condemned by the City. Section 3. Non-interference of Facilities. A. The District's Facilities shall be located, relocated, and maintained within the Franchise Area so as not to unreasonably interfere with the free and safe passage of pedestrian, bicycle, and vehicular traffic and ingress or egress to or from the abutting property and in accordance with the laws of the State of Washington, and the ordinances, resolutions, rules and regulations of the City of Tukwila. Nothing herein shall preclude the District from effecting temporary road closures as reasonably necessary during construction or maintenance of its Facilities provided the District receives prior City approval through an appropriate permit, which shall not be unreasonably withheld, and, provided further, the District shall have the right to effect temporary road closures in the CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 3 of 24 5 event of emergencies to maintain, repair and replace its Facilities without prior City approval but the District shall obtain City approval of such road closures as soon as reasonably possible. B. Whenever it is necessary for the District, in the exercise of its rights under this Franchise, to make any excavation in the Franchise Area, the District shall, upon completion of such excavation, restore the surface of the Franchise Area to City standards, as nearly as reasonably possible to its condition prior to any such excavation, installation, construction, relocation, maintenance or repair and, except as provided under Section 4, shall do so, at no expense to the City; PROVIDED, HOWEVER, that no such work shall be done prior to the obtaining of a permit therefor issued by the City, which permit shall set forth conditions pertaining to the work to be done and specifications for the restoration of the Franchise Area. C. If the City determines that the District has failed to restore the right-of-way in accordance with the conditions set forth in this Franchise, the City shall provide the District with written notice, which shall include a description of actions the City believes necessary to restore the right-of-way. If the right-of-way is not restored in accordance with the City's notice within fifteen (15) days of that notice, or such longer period as may be specified in the notice, the City, or its authorized agent, may restore the right-of-way and the District shall, except as provided in Section 4, be responsible for all reasonable costs and expenses incurred by the City in restoring the right-of-way in accordance with this section. The rights granted to the City under this section shall be in addition to those otherwise provided by this Franchise. D. The District shall, except as provided in Section 4, at no expense to the City, expeditiously repair all existing Facilities that it owns, operates and maintains within the Franchise Area, including any damage caused directly or indirectly by its Facilities. The District shall also coordinate and manage the repair of service lines in the Franchise Area connecting its system to users. E. Survey monuments shall not be removed or destroyed without the District first obtaining the required Department of Natural Resources (DNR) permit in accordance with RCW 58.09.130 and WAC 332-120-030, and as such statute and regulation may be modified and amended. A Professional Land Surveyor (PLS) shall be responsible for perpetuating and documenting existing monuments in compliance with the Application Permit to Remove or Destroy a Survey Monument in accordance with WAC 332-120. Following approval by the Public Land Survey Office, copies of the approved permits shall be forwarded to the City. All survey monuments, which have been distributed or displaced by such work, shall be restored pursuant to all federal, state, and local standards and specifications. The District agrees to promptly complete all restoration work and to promptly repair any damage caused by such work at its sole expense. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 4 of 24 6 Section 4. Relocation of Facilities. A. Whenever the City causes the grading or widening of the Franchise Area or undertakes construction of City -owned utilities, storm drainage lines, lighting, signalization, sidewalk improvements, pedestrian and bicycle amenities, or other public street improvements (collectively, "Public Improvement Projects") and the Public Improvement Project requires relocation of the District's then -existing Facilities within such Franchise Area, the City shall: 1. Pursuant to RCW 35.21.905, or as amended, consult with the District in the predesign phase of any Public Improvement Project in order to coordinate the project's design with the District Facilities within such project's area; and 2. Provide the District, at least one hundred eighty (180) days prior to the advertisement for bid of construction of such project, written notice that a project is expected to require the relocation of District Facilities, together with reasonably accurate and specific plans and specifications for such grading, widening, or construction and a proposed new location within the Franchise Area for the District's Facilities. This period of time shall be extended to three hundred sixty (360) days prior notice if the Public Improvement Project exceeds Five Hundred Thousand Dollars ($500,000); and 3. Coordinate and work diligently with the District to minimize conflicts between existing Facilities and the project improvements, where possible, and to avoid having the District relocate its Facilities, whenever possible. The District acknowledges and agrees that there are situations and circumstances where no other feasible alternatives are available and that relocation may be necessary. B. After receipt of such notice and such plans and specifications, District shall relocate its Facilities within the Franchise Area to accommodate street and city improvement projects; provided, however, the District may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocations. Such written notice must be received by the City within ninety (90) days of receipt of the notice described in Section 4.A.2 above. Within a reasonable time, the City shall evaluate such alternatives and advise the District in writing whether one or more of the alternatives is suitable to accommodate work that would otherwise necessitate relocation of the Facilities. If requested by the City, the District shall submit such additional information as is reasonably necessary to assist the City in making such evaluation. The City shall give each alternative full and fair consideration. If the City reasonably determines that there is no other feasible alternative, the City shall provide the District with further written notice ("Secondary Notice") to that effect, and the District shall then relocate its Facilities by its own forces, by separate public works contract or by participating in the City's public works project in accordance with Section 4.G. The City shall cooperate with the District to designate a substitute location for its Facilities within the Franchise Area. The City will establish a date by which Facilities will be relocated, which date will be not less than one hundred eighty (180) days after receipt of the Secondary Notice by the District as to the Facility to be relocated. The District must finish relocation of each such Facility by the date so established. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 5 of 24 7 C. The cost of relocating such Facilities existing within the Franchise Area shall be paid as follows: 1. If the relocation occurs within ten (10) years after the District or a third party on the District's behalf constructed such Facility, then the City shall pay fifty percent (50%) of the cost of such relocation and the District shall pay the remaining fifty percent (50%). 2. If the relocation occurs more than ten (10) years after the District or a third party on the District's behalf constructed such Facility, then the relocation shall be at the District's sole cost. 3. However, if the City requires the relocation of Major Facilities defined as water mains of twelve (12) inch diameter or greater, supply stations, pump stations, or vault structures ("Major Facilities" or "Major Facility") to accommodate a City project, where such facility cannot reasonably be supported, disconnected, relocated or removed, then the City shall pay fifty percent (50%) of the cost of the relocation of the Major Facility and the District shall pay the remaining fifty percent (50%) without limitation on the age of the facility; provided, the City and District agree to give full and fair consideration to any lower-cost alternatives to relocating the Major Facility meeting the minimum operational requirements of the Parties, and the City and the District shall each pay fifty percent (50%) of the lower-cost alternative. 4. For the purposes of this Section 4, the date of the Facility's acceptance by the District Board of Commissioners, or the date of final contract payment for the facility's installation (whichever occurs first), shall determine the age of the Facility. 5. Whenever any State or Federal Agency with legal authority within the Franchise Area requires the relocation of District Facilities, the relocation shall be at the District's sole cost. This provision does not limit the District's rights to seek reimbursement for the costs of such relocation from the State or Federal Agency requiring the relocation. 6. Subsections 4.C.1 and 4.C.3 of this Section 4 shall not apply to relocations of District Facilities required as part of a formal declaration of emergency as defined in RCW 39.04.280(3) by the City, which is ratified by resolution of the City Council. In such cases, relocation, if necessary, shall be at the District's sole cost. D. Whenever the City is undertaking a road or City -owned utility project or improvement, the City will not use its authority to require the District to relocate water facilities (excluding water services and hydrants) for third party franchise utilities (private utilities) on City -initiated aerial -to -underground conversion projects. If conflicts between the aerial -to -underground joint -trench and the District Facilities cannot be resolved, and relocation of District Facilities is necessary, the District shall have the right as a pre- condition of such relocation to require payment to the District for any and all costs and expenses incurred by the District in the relocation of such District Facilities. On City - initiated projects requiring aerial -to -aerial relocation of third party franchise utilities (private utilities), the District shall relocate that portion of its Facilities which are in direct conflict with the new locations of the third party franchise utility facilities, such as utility poles, or participate in securing the necessary easements where no reasonable CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 6 of 24 8 alternative location for the third party franchise utility facilities exist within the then existing right-of-way. E. For the purpose of this Section 4, a project or improvement is considered to be caused by the City (as described in Section 4.A above) if the project is City -initiated and is part of the City's annually adopted Capital Improvement Project (CIP) Program, and can include projects or improvements where a third party has made an in lieu payment for a portion of the City's capital improvement project, provided, the City is responsible for the majority of the cost of the project or improvement, which, if applicable, includes any grant funding received by the City from any federal, state or local agency. A project or improvement is not considered to be caused by the City if the project or improvement is constructed by the City on behalf of a third party, where the third party is responsible for the majority of the project or improvement cost and makes payment to the City in lieu of performing the project or improvement. F. Whenever any person or entity, other than the City, requires the relocation of District Facilities to accommodate the work of such person or entity within the Franchise Area (excluding State and Federal agencies with legal authority within the Franchise Area), the City agrees not to use its authority to require the District to relocate the existing Facilities. The District shall have the right as a pre -condition of such relocation to require such person or entity to: 1. Make payment to District at a time and upon terms acceptable to the District for any and all costs and expense incurred by the District in the relocation of District Facilities; and 2. Protect, defend, indemnify and hold the District harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another arising out of or in conjunction with the relocation of District Facilities, to the extent such injury or damage is caused by the negligence or willful misconduct of the person or entity requesting the relocation of District Facilities or other negligence or willful misconduct of the agents, servants or employees of the person or entity requesting the relocation of District Facilities. G. If a City project requires the relocation of then existing Facilities within the Franchise Area, the District shall have the right by interlocal agreement with the City to include the relocation of any Facilities as required by the City as part of the City's public works project. Such interlocal agreement shall include and provide for, but not be limited to, the following terms and conditions: 1. The inclusion of the District's work as part of the City's project; and 2. The District to provide plans and specifications of the District's work to the City in a timely manner for inclusion as a separate bid schedule in the City project, whether such District plans and specifications are prepared by the District at the District's expense, or the City prepares the plans and specifications for the District's work at the District's expense; and 3. The City bidding the project, including the District's work by separate bid schedule, and the District's approval of the contractor's bid for the District's work in the CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 7 of 24 9 separate bid schedule, or, alternatively, the District's rejection of the contractor's bid for the District work and the District's right to perform the District's work through a District contractor, provided that in so doing the City's project is not unreasonably delayed; and 4. The City's contractor to install both the City work and the District work, the City's obligation to pay the City's contractor for both the City work and the District work, and the District's obligation to reimburse the City for the cost of the District work performed by the City contractor; and 5. The District's obligation to reimburse the City for District project administration and inspection fees and costs based on a time and materials basis, provided the City and the District may negotiate a lump sum payment on a per project basis, or a percentage of the total District project construction cost, and provided the District shall not be required to pay for any City -issued permits related to the City work and the District work. H. The Parties expressly agree that this Section 4 shall not survive the expiration, revocation or termination of this Franchise, unless modified by separate agreement. Section 5. Right -of -Way Management. A. Permit Requirements. Whenever the District excavates in any right-of-way for the purpose of installation, construction, operation, maintenance, repair or relocation of its Facilities, it shall apply to the City for a permit to do so in accordance with this Franchise and the ordinances and regulations of the City requiring permits to operate in City right- of-way. Except for emergencies or as otherwise provided for in this Franchise and applicable City ordinance, no District excavation work shall occur within any City right-of- way without a permit. All work shall be done to the City's reasonable satisfaction. B. Blanket Permits. The District may obtain a Blanket Activities Permit for Blanket Activities, as defined in Section 1, performed in the City's rights-of-way. The permit will be charged at the fee as identified in the City's Fee Schedule and hourly inspection fees shall be paid monthly. Blanket Activities require submittal of typical traffic control measures consistent with the MUTCD. Permits for Blanket Activities shall be valid for no longer than twelve (12) months. C. Restoration after Construction. The District shall, after any installation, construction, relocation, operation, maintenance or repair of Facilities within the Franchise Area, restore the right-of-way to City standards as nearly as reasonably possible to its condition prior to any such work. The District agrees to promptly complete all restoration work and to promptly repair any damage to the right-of-way caused by such work at its sole cost and expense. The District further agrees to repair or replace any defective restoration work performed by the District or on its behalf consistent with the City's Infrastructure Design and Construction Standards. If it is determined the District has failed to restore the right-of-way in accordance with this Franchise and other applicable City regulations or if the District's restoration work is subsequently determined to be defective, the City shall provide the District with written notice. Any notice issued by the City shall include a description of the actions the City believes necessary to restore the right-of-way or repair or replace the work. The Parties agree the District shall not be CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn 10 Page 8 of 24 required to pay the City any pavement mitigation fees or similar charges relating to cutting, removing or disturbing pavement within the right-of-way if the District's pavement cutting, removing, or disturbing is in connection with a Public Improvement Project. D. Bonding Requirement. The District, as a public agency, shall not be required to comply with the City's standard bonding requirement for working in the City's rights-of- way. E. Emergency Work, Permit Waiver. In the event of an emergency where any District Facilities located in the right-of-way are broken or damaged, or if the District's construction area for the District's Facilities is in a condition as to place health or safety of any person or property in imminent danger, the District shall immediately take any necessary emergency measures to repair, replace or remove its Facilities without first applying for and obtaining a permit as required by this Franchise; provided the District shall notify the City as soon as reasonably possible relative to such emergency activity and shall immediately obtain a permit for such activity if required by this Franchise or City ordinance. F. City Work Zones. The District shall not be required to obtain a City right-of- way permit to undertake utility work when the District has included its work as part of a City public works project in accordance with Section 4.G. G. City Invoices. The City shall invoice the District for all City fees and charges relating to the issuance of any City right-of-way permit to the District, including inspection fees and charges, on a monthly basis, and the City's final fees and charges within thirty (30) days of the completion of any District work in City right-of-way subject to a City permit, and the City's final acceptance of any District work. H. Contractors and Subcontractors. The District's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work were performed by the District. The District shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by the District and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section 6. Planning Coordination. A. The Parties agree to participate in the development of, and reasonable updates to, the other Party's planning documents as follows: 1. For the District's service area within the City limits, the District will participate in a cooperative effort with the City to develop City's Comprehensive Plan Utilities Element that meets the requirements described in RCW 36.70A.070(4). 2. The District will participate in a cooperative effort with the City to ensure that the Utilities Element of the City's Comprehensive Plan is accurate as it relates to the District's operations and is updated to ensure continued relevance at reasonable intervals. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 9 of 24 11 3. The District shall submit information related to the general location, proposed location, and capacity of all existing and proposed Facilities within the City as requested by the City within a reasonable time, not exceeding twenty (20) days from receipt of a written request for such information, provided that such information is in the District's possession, or can be reasonably developed from the information in the District's possession. 4. The City will provide information relevant to the District's operations within a reasonable period of written request to assist the District in the development or update of the District's Comprehensive Water System Plan(s), provided that such information is in the City's possession, or can be reasonably developed from the information in the City's possession. B. The District and the City shall each assign a representative whose responsibility shall be to coordinate planning for capital improvement plan projects including those that involve undergrounding. At a minimum, such coordination shall include: 1. For the purpose of planning, the District and the City shall provide each other with a copy of their respective current adopted Capital Improvement Plan annually and upon request by the other Party. 2. By February 1st of each year, the District shall provide the City with a schedule of the District's planned capital improvements which may affect the rights-of- way for that year. 3. By February 1st of each year, the City shall provide the District with a schedule of City's planned capital improvements which may affect the rights-of-way for that year including but not limited to street overlays and repairs, storm drainage improvements and construction, and all other rights-of-way activities that could affect District capital improvements and infrastructure. 4. The District shall meet with the City, and other franchisees and users of the right-of-way, as necessary, to schedule and coordinate construction activities. 5. All construction locations, activities, and schedules shall be coordinated to minimize public inconvenience, disruption or damages. 6. The City and the District agree to cooperate in the planning and implementation of emergency operations response procedures. 7. Without charge to either Party, both Parties agree to provide each other with as -built plans, maps and records in electronic format as available that show the location of their respective facilities within rights-of-way. Section 7. Indemnification. A. To the extent permitted by law, the District shall indemnify, defend and hold the City, its agents, officers, officials (elected and appointed) employees, volunteers and assigns harmless from and against any and all third party claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 10 of 24 12 negligent acts, failures and/or omissions of the District or its agents, officers, officials (elected and appointed) servants, employees, contractors, subcontractors or assigns in the construction, operation or maintenance of its Facilities or in exercising the rights granted to the District in this Franchise; excluding claims relating to known or classified hazardous substances (chemical or waste) which are covered in subsection E, below; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the sole negligence or willful misconduct of the City, its agents, officers, officials (elected and appointed), employees, volunteers or assigns. Inspection or acceptance by the City of any work performed by the District at the time of completion of construction shall not be grounds for avoidance by the District of any of its indemnification obligations. B. The City shall indemnify, defend and hold the District, its agents, officers, officials (elected and appointed), employees, volunteers and assigns harmless from and against any and all third party claims, demands, liability, loss, cost, damage or expense of any nature whatsoever, including all costs and attorney's fees, made against them on account of injury, sickness, death or damage to persons or property which is caused by or arises out of, in whole or in part, the willful, tortious or negligent acts, failures and/or omissions of City or its agents, officers, officials (elected and appointed), employees, contractors, subcontractors or assigns in the City's performance, administration and operation of this Franchise; provided, however, such indemnification shall not extend to injury or damage to the extent caused by the negligence or willful misconduct of the District, its agents, officers, officials (elected and appointed), employees, volunteers or assigns. C. In the event any claim or demand is presented to or filed with the District or the City arising out of or relating to the acts or omissions in whole or in part of the other Party, the indemnified Party shall promptly notify the other Party, and the notified Party shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand. D. 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 the City and the District, their officers, officials (elected and appointed), employees and agents, the District's liability hereunder shall be only to the extent of the District's negligence and the City's liability shall be only to the extent of the City's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. E. The District shall not introduce or use any known or classified hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall the District allow any of its agents, contractors, subcontractors or any person under its control to do the same. The District will be solely responsible for and will defend, indemnify, and hold the City, its officers, officials (elected and appointed), employees, agents, and volunteers harmless from and against any and all claims, costs, and liabilities including reasonable attorney fees and costs, arising out of or in connection with the cleanup or restoration of the Franchise Area to the extent caused by the District's use, storage, or disposal of known or classified hazardous substances, whether or not CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 11 of 24 13 intentional, and the use, storage, or disposal of such substances by the District's agents, contractors, subcontractors, or other persons acting under the District's control, whether or not intentional. F. Notwithstanding any other provisions of this Section 7, the District assumes the risk of damage to its Facilities located in the rights-of-way and upon City -owned property from activities conducted by the City, its officers, officials (elected and appointed), agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any sole negligence, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, officials (elected and appointed), or contractors. The District releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, officials (elected and appointed), or contractors. G. The provisions of this Section 7 shall survive the expiration, revocation, or termination of this Franchise. Section 8. Default. A. If the District fails to comply with any of the provisions of this Franchise, unless otherwise provided for herein, the City may serve upon the District a written order to so comply within thirty (30) days from the date such order is received by the District. If the District is not in compliance with this Franchise after expiration of the thirty (30) day period, the City may act to remedy the violation and may charge the costs and expenses of such action to the District. The City may act without the thirty (30) day notice in case of an emergency and may charge the costs and expenses of such action to the District. The City may in addition, by ordinance adopted no sooner than five (5) days after notice of the City Council hearing (at which the District will have an opportunity to be heard) on the impending ordinance, declare an immediate forfeiture of this Franchise, provided, however, if any material failure to comply with this Franchise by the District cannot be corrected with due diligence within said thirty (30) day period, the District's obligation to comply and to proceed with due diligence being subject to unavoidable delays and events beyond its control, in which case the time within which the District may so comply shall be extended for such time as may be reasonably necessary and so long as the District commences promptly and diligently to effect such compliance, provided a good faith dispute does not exist concerning such compliance. All rights and remedies shall be in addition to and cumulative with any and all other rights and remedies available to either the City or the District. Such rights and remedies shall not be exclusive, and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise, at the same time or thereafter, any other right or remedy. B. In addition to other remedies provided herein, if the District is not in compliance with requirements of this Franchise, and if a good faith dispute does not exist concerning such compliance, the City may place a moratorium on issuance of pending District right- of-way use permits until compliance is achieved. Section 9. Non-exclusive Franchise. This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 12 of 24 14 the City from granting other franchises over, upon, and along the Franchise Area which do not interfere with District's rights under this Franchise. This Franchise shall not prohibit or prevent the City from constructing, altering, maintaining, or using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. Section 10. Jurisdiction. This Franchise is intended to convey limited rights and interest only as to those roads and rights-of-way in which the City has an actual interest within the Franchise Area. It is not a warranty of title or of interest in City rights-of-way. Section 11. Franchise Term. This Franchise shall have a term of fifteen (15) years from its Effective Date as defined in Section 37 herein, provided this Franchise shall be automatically extended for one additional five (5) year period unless either Party, at least one hundred eighty (180) days prior to the termination date of the Franchise provides written notice to the other Party of its intent to terminate the Franchise at the end of the then current Franchise term (collectively, the "Term"). Section 12. Administrative Fee. As compensation to the City for its costs of creating and administering this Franchise, the District shall pay to the City a one-time administrative fee ("Administrative Fee") of Two Thousand Five Hundred Dollars ($2,500.00). The Administrative Fee shall be paid by the District to the City within thirty (30) days of the Effective Date of the Franchise. Section 13. Non -assumption. In consideration of the District's payment of the Franchise Fee and Administrative Fee to the City as provided in Sections 12 and 14 herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise and to forbear its statutory authority pursuant to chapter 35.13A RCW or other statutes to attempt to assume jurisdiction over all or part of the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the term of this Franchise. The City's agreement and forbearance includes not facilitating or cooperating with any other city or town to attempt, pursuant to RCW 35.13A.060 or as such statute may be amended or superseded, to assume jurisdiction over the District or any District responsibilities, property, facilities, equipment or utility customers located within or without the City's corporate limits during the Term of this Franchise; provided, that this provision shall not be construed to prohibit or prevent the City from responding to requests for public records related to such attempts by other cities or towns . Section 14. Franchise Fee. A. In consideration of the rights granted to the District under this Franchise, the District shall pay to the City a franchise fee ("Franchise Fee") beginning the first day of the first month occurring at least thirty (30) days after the Effective Date of this Franchise, subject to the provisions of Section 14.B herein, as follows: Six percent (6%) of the District's Revenue derived from the provision of retail water service billed to its customers after the date established in Section 14(A) and thereafter until the termination of this Franchise, including any extension of the term of this Franchise. In the event the City decides to adopt a utility, business and occupation tax, public utility tax, privilege tax, excise tax or any CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 13 of 24 15 other similar tax (collectively "utility tax") upon the District based on the District's revenues, gross receipts, or gross income during the term of this Franchise, then the District's Franchise Fee payments under this Franchise shall be credited against any such utility tax the City may impose. B. The Franchise Fee shall be paid to the City in bi-monthly installments due and payable within thirty (30) days following the end of the bi-monthly period. C. Should the District be prevented by judicial or legislative action from paying any or all of the Franchise Fee, the District shall be excused from paying that portion of the Franchise Fee. Should a court of competent jurisdiction declare the Franchise Fee invalid, in whole or in part, then the District's obligation to pay the Franchise Fee to the City under this section shall be terminated in accordance with and to the degree required to comply with such court action, provided, the Parties agree to amend this Franchise to require the District submit payment of a six percent (6%) utility tax. D. In consideration of the District's payment of a Franchise Fee and Administrative Fee to the City as provided herein, and the District's acceptance of the other terms and conditions of this Franchise, the City agrees not to exercise, and to forbear, any legal authority it may have to impose compensation or a rental fee (collectively, "Rental Fee") upon the District for the District's use of the Franchise Area as provided for in this Franchise. E. The District shall have the right to recover the Franchise Fee from the District's ratepayers residing within the City and may identify the Franchise Fee as a separate billing item on utility customer billings. F. The District agrees while this Franchise is in effect that it will not pursue or support any legal challenge to the Franchise Fee set forth herein. G. If the District determines to bill the City for fire suppression water facilities as defined in RCW 70A.145.020(1) during the term of this Franchise, the City shall have the right, at its sole discretion, to terminate this Franchise, including the right to receive the Franchise Fee Payments from the District. H. If the District fails to pay any fee required under this Franchise within ninety (90) days after the due date thereof, there shall be added to such fee a penalty of 1.5 percent (1.5%) of the amount of such fee. Section 15. Compliance with Codes and Regulations. A. The rights, privileges and authority herein granted are subject to and governed by this ordinance and all other applicable City ordinances and codes, including the City's Road Standards, as they now exist or may hereafter be amended, provided the City shall not unreasonably affect or modify any portion of this Franchise without the District's written approval. Nothing in this ordinance limits the City's lawful power to exercise its police power to protect the safety and welfare of the general public or deprive the City of any powers, rights, or privileges it now has or may later acquire in the future to regulate the use of and to control the City rights-of-way covered by this Franchise. Any location, CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 14 of 24 16 relocation, erection or excavation by District shall be performed by District in accordance with applicable federal, state and City rules and regulations, including the City public works policies and pre -approved plans, and any required permits, licenses or regulatory fees, and applicable safety standards then in effect or any Memorandum of Understanding with District. B. If any territory served by District is annexed to the City after the Effective Date of this Franchise, this Franchise shall be deemed to be the new agreement required to be granted to a franchisee in annexed territory by RCW 35A.14.900 for whatever period of time is then required under that statute or the remaining time left under this Franchise for the Franchise Area, whichever is longer. Such territory shall then be governed by the terms and conditions contained herein upon the effective date of such annexation. The first Franchise Fee for any annexed area shall be calculated pro rata from the effective date of the annexation to the end of the next bi-monthly billing period and paid to the City at the same time as the fee for the Franchise Area is paid for that bi-monthly billing period. C. The District shall, at all times, employ professional care and shall install and maintain and use industry -standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all Facilities, equipment, and connections in, over, under, and upon the rights of way, wherever situated or located, shall at all times be kept and maintained in a safe condition. The District shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. Upon reasonable notice to the District, the City reserves the general right to inspect the Facilities covered by this Franchise to evaluate if they are constructed and maintained in a safe condition. D. If an unsafe condition or a violation of Section 15.0 is found to exist, and becomes known to the City, the City agrees to give the District timely written notice of such condition and afford the District a reasonable opportunity to repair the same. If the District fails to start to make the necessary repairs and alterations within the time frame specified in such notice (and pursue such cure to completion), then the City may make such repairs or contract for them to be made. All costs, including administrative costs, incurred by the City in repairing any unsafe conditions shall be borne by the District and reimbursed to the City. E. The District shall be solely and completely responsible to perform all work related to this Franchise in compliance with all applicable federal, state, county and City statutes, rules, regulations, ordinances, orders and codes as presently constituted or as may be subsequently amended. The District's attention is directed to the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. The District shall be solely and completely responsible for safety and safety conditions on its job sites and for its work within the Franchise Area, including the safety of all persons and property during performance of any works therein. The services of the City or City's consultant personnel in conducting construction review of the District's work relating to the Franchise is not intended to include review of the adequacy of the District's work methods, equipment, scaffolding, or trenching, or safety measures in, on or near such Franchise CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 15 of 24 17 Area or job site. The District shall provide reasonable and appropriate access for the City and its inspectors to adequately inspect the work and its conformance with applicable statutes, ordinances, rules, regulations, and the Franchise. F. Additional safety standards required include the following: 1. All installations of Facilities shall be installed in accordance with industry - standard engineering practices. 2. Any opening or obstruction in the rights-of-way or other public places made by the District in the course of its operations shall be protected by the District at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. G. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: 1. Be in writing; 2. Be given to the person doing the work or posted on the work site; 3. Be sent to the District by overnight delivery or personally delivered to the District; 4. Indicate the nature of the alleged violation or unsafe condition; and 5. Establish conditions under which work may be resumed. Section 16. Location of Facilities and Equipment. With the exception of components that are traditionally installed above ground such as fire hydrants, blow offs, vault lids, risers, pump stations, generators, electrical control panels, power meters, telephone connections, automated reading equipment and appurtenances, and utility markers, all Facilities and equipment to be installed within the Franchise Area shall be installed underground; provided, however, that such Facilities may be installed above ground if so authorized by the City, which authorization shall not be unreasonably withheld, conditioned or delayed, consistent with the provisions of the City's land use and zoning code and applicable development pre -approved plans. Section 17. Record of Installations and Service. A. With respect to excavations by the District and the City within the Franchise Area, the District and the City shall each comply with their respective obligations pursuant to chapter 19.122 RCW, and as such statute may be modified and amended, and any other applicable state law. Further, upon request from a third party or the City's contractor, the District shall locate its Facilities consistent with the requirements of chapter 19.122 RCW. B. Upon written request of the City, the District shall provide the City with the most recent update available of any plan of potential improvements to its Facilities within the CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 16 of 24 18 Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. C. Upon written request of District, the City shall provide District with the most recent update available of any plan of potential improvements to its Facilities located within the Franchise Area; provided, however, any such plan so submitted shall only be for informational purposes within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. D. As -built drawings of the location of any Facilities placed by the District in the Franchise Area, shall be made available to the City within twenty (20) working days of request. Section 18. Shared Use of Excavations. A. The District and the City shall exercise best efforts to coordinate construction work either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. Such efforts shall include, at a minimum, reasonable and diligent efforts to keep the other Party and other utilities within the Franchise Area informed of its intent to undertake such construction work. The District and the City shall further exercise best efforts to minimize any delay or hindrance to any construction work undertaken by themselves or other utilities within the Franchise Area. B. If at any time, or from time to time, either the District, the City, or another franchisee, shall cause excavations to be made within the Franchise Area, the Party causing such excavation to be made shall afford the others, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: 1. No statutes, laws, regulations, ordinances or District safety policies prohibit or restrict the proximity of other utilities or facilities to District's Facilities installed or to be installed within the area to be excavated; 2. Such joint use shall not unreasonably delay the work of the Party causing the excavation to be made; 3. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both Parties. The Parties shall each cooperate with other utilities in the Franchise Area to minimize hindrance or delay in construction. C. The City reserves the right to not allow open trenching within any City street within five (5) years following a street overlay or improvement project; however, the District may open a trench provided it grinds and overlays the excavation area in accordance with the City written and adopted street overlay policy. In addition to the requirements of Section 6.B.3, the City shall provide the District with written notice of not less than one hundred eighty (180) days prior to the commencement of any street overlay or improvement project. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 17 of 24 19 Section 19. Insurance. The District shall procure and maintain for the duration of the Franchise and as long as District has Facilities in the rights-of-way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Franchise and use of the rights-of-way. A. No Limitation. The District's maintenance of insurance as required by the Franchise shall not be construed to limit the liability of the District to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. B. Minimum Scope of Insurance. The District shall obtain insurance of the types and coverage described below: 1. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the District's Commercial General Liability insurance policy with respect to this Franchise using ISO endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing at least as broad coverage. 2. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 3. Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of the District. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 5. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the District's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the District's Excess or Umbrella Liability insurance policy. C. Minimum Amounts of Insurance. The District shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 18 of 24 20 3. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. 4. Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through District's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. D. Other Insurance Provisions. The District's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the District's insurance and shall not contribute with it. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII or a recognized risk management pool that complies with the standards adopted by the Washington State Risk Manager. F. Verification of Coverage. The District shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement if available, evidencing the insurance requirements of the Franchise. Upon request by the City, the District shall furnish certified copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all contractors' coverage. G. Contractors. The District shall cause each and every contractor to provide insurance coverage that complies with all applicable requirements of the District -provided insurance as set forth herein, except the District shall have sole responsibility for determining the limits of coverage required to be obtained by contractors. H. Notice of Cancellation. The District shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance. Failure on the part of the District to maintain the insurance as required shall constitute a material breach of Franchise, upon which the City may, after giving five business days' notice to the District to correct the breach, terminate the Franchise 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. J. City Full Availability of District Limits. If the District maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the District, irrespective of whether such limits maintained by the District are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the District. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 19 of 24 21 K. District — Self -Insurance. The District may fulfill the insurance obligations contained herein by maintaining membership in a joint self-insurance program authorized by chapter 48.62 RCW. In this regard, the City understands that as a member of such a program the District is not able to name the City as an "additional insured" under the liability coverage provided by the joint self-insurance program. If the District is self- insured or becomes self-insured during the term of the Franchise, the District or its affiliated parent entity shall comply with the following: (i) provide the City, upon request, a copy of the District's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (ii) the District or its parent company is responsible for all payments within the self-insured retention; and (iii) the District assumes all defense and indemnity obligations as outlined in Section 7. Section 20. Abandonment and/or Removal of District Facilities. The Parties agree that the standard practice will be to abandon underground District Facilities in-place whenever practical, subject to the following conditions: 1. The District shall continue to own and be responsible for any such Facilities abandoned within the Franchise Area. 2. The City shall have the right to require the District to remove any Facilities abandoned within the Franchise Area if the City reasonably determines the removal of the abandoned Facility is required to facilitate the construction or installation of a City project within the Franchise Area and the City determines there is no other feasible alternative to the removal of the Facility. The City will make reasonable efforts to avoid conflicts with abandoned Facilities whenever possible, however, whenever a conflict cannot be resolved except by removal from the right-of-way of previously abandoned District Facilities, then the District shall, at the District's expense, remove such abandoned Facilities by its own forces, by contract or by participating in the City's public works project. When necessary, removal of abandoned Facilities shall be limited to the area of direct conflict. In removing such material, the District shall conform to all local, state, and federal regulations applicable to asbestos abatement, when applicable. 3. If the District becomes aware that removal of any abandoned Facilities within the Franchise Area is required to eliminate or prevent an emergency or hazardous condition that endangers the property, life, health or safety of any person or entity, the District shall promptly, at no cost to the City, remove such decommissioned Facilities. 4. Within one hundred and eighty days (180) of the District's permanent cessation of use of its Facilities as determined by the District, or any portion thereof, the District shall provide the City with record drawings showing the location of the Facilities to be abandoned. 5. District Facilities that are abandoned in-place shall be abandoned pursuant to City standards, to the satisfaction of the City Public Works Director or designee. 6. The Parties expressly agree that this section shall survive the expiration, revocation or termination of this Franchise, unless modified by separate agreement. Section 21. Vacation of Franchise Area. If the City processes an application and/or determines to vacate any right-of-way which is part of the Franchise Area, the City CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 20 of 24 22 may, after giving thirty (30) days written notice ("Vacation Notice") to the District, terminate this Franchise with respect to any City rights-of-way so vacated. However, should the District notify the City that an easement is required for existing Facilities within the proposed vacation area, the City shall require the applicant for a vacation to prepare and provide to the District the necessary easement documentation, at no cost to the District. The City shall withhold approval of such vacation until the District has notified the City that the necessary easement documentation has been secured, or provisions otherwise made acceptable to the District to maintain the viability and use of existing Facilities, provided that the District provides such notice to the City within one hundred eighty (180) days following the City's Vacation Notice to the District. Section 22. Assignment. All of the provisions, conditions, and requirements herein contained shall be binding upon the District, and no right, privilege, license or authorization granted to the District hereunder may be assigned or otherwise transferred without the prior written authorization and approval of the City, which the City may not unreasonably withhold, condition or delay, provided that a merger or consolidation of District with or into another Title 57 water -sewer district shall not be considered an assignment for the purposes of this provision and shall not be subject to the City's approval. Section 23. Reservation of Rights. The City reserves the right, upon thirty (30) days written notice to the District, to amend or modify the provisions or conditions of this Franchise to conform to any state, county, or federal statute, rule, regulation, or ordinance adopted pursuant to the City's legitimate police power to protect the safety and welfare of the general public; provided that the City shall not unreasonably affect or modify any portion of this Franchise without the District's written approval. Unless otherwise mandated by state or federal law, if any term or condition of this Franchise and any term or condition of any City code, ordinance, resolution, or regulation are in conflict, the terms of this Franchise shall control. Section 24. Notice. Unless applicable law requires a different method of giving notice, any and all notices, demands or other communications required or desired to be given hereunder by any Party (collectively, "notices") shall be in writing and shall be validly given or made to another Party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States Mail, certified, registered, or express mail with postage prepaid, or if sent by e-mail with electronic confirmation. If such notice is personally delivered, it shall be conclusively deemed given at the time of such delivery. If such notice is delivered by Federal Express or other overnight delivery service of recognized standing, it shall be deemed given one (1) business day after the deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall be deemed given three (3) business days after the deposit thereof in the United States Mail. If such notice is sent by email, it shall be deemed given at the time of the sender's receipt of electronic confirmation. Each such CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 21 of 24 23 notice shall be deemed given only if properly addressed to the Party to whom such notice is to be given as follows: To City: To District: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 General Manager Highline Water District 23828 30th Ave S Kent, WA 98032 Any Party may change its contact information and address for the purpose of receiving notices as herein provided by a written notice given in the manner required by this Section to the other Party. Section 25. Severability. If any term, provision, condition or portion of this Franchise shall be held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Franchise, which shall continue in full force and effect. Section 26. Non -Waiver. The failure of either Party to enforce any breach or violation by the other Party or any provision of this Franchise shall not be deemed to be a waiver or a continuing waiver by the non -breaching Party of any subsequent breach or violation of the same or any other provision of this Franchise. Section 27. Alternate Dispute Resolution. If the Parties are unable to resolve disputes arising from the terms of this Franchise, prior to resorting to a court of competent jurisdiction, the Parties may submit the dispute to mediation or other non-binding alternate dispute resolution process agreed to by the Parties. Unless otherwise agreed upon between the Parties or determined herein, the cost of that process shall be shared equally by the Parties. Section 28. Attorney Fees. All fees and expenses for mediation or arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. In any claim or lawsuit for damages arising from the parties' performance of this Franchise, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit either Party's right to indemnification under Section 7 of this Franchise. Section 29. Governing LawNenue. This Franchise shall be governed by the laws of the State of Washington. Any suit to enforce or relating to this Franchise shall only be filed in King County Superior Court, King County, Washington. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 22 of 24 24 Section 30. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the Parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the Parties upon execution and acceptance hereof. Section 31. Amendment. A. This Franchise may be amended only by written instrument, signed by both Parties, which specifically states that it is an amendment to this Franchise, and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 7, "Indemnification," above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by the District of any and all rights, benefits, privileges, obligations, or duties in and under this Franchise, unless such permit, approval, license, agreement or document specifically: 1. References this Franchise; and 2. States that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. B. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document that does not comply with Subsections A.1 and A.2 referenced above, the provisions of this Franchise shall control. Section 32. Directions to City Clerk. The City Clerk is hereby authorized and directed to forward certified copies of this ordinance to the District as set forth in this ordinance. The District shall have thirty (30) days from the receipt of the certified copy of this ordinance to accept in writing the terms of the Franchise granted to the District by this ordinance and file with the City Clerk the Statement of Acceptance, attached hereto as Exhibit A and incorporated by reference. Section 33. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Franchise. Section 34. Survival. All of the provisions, conditions, and requirements of Section 7, Section 15, Section 18, Section 20, and Section 27 of this Franchise shall, in addition to any and all other obligation and liabilities the District may have to the City at common law, by statute, or by contract, survive this Franchise, and any renewals or extensions, to the extent provided for in those sections. Section 35. District Acceptance of Franchise. The District shall have no rights under this Franchise nor shall the District be bound by the terms and conditions of this Franchise unless the District shall, within thirty (30) days after the effective date of the ordinance, file with the City its written acceptance of this Franchise. CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn Page 23 of 24 25 Section 36. Effective Date of Ordinance. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 37. Effective Date of Franchise. The terms and conditions of this ordinance shall not be binding on the City and the District unless the District Board of Commissioners within thirty (30) days of the effective date of this ordinance adopts a resolution accepting this Franchise, and the date of the adoption of such resolution by the District Board of Commissioners shall be the effective date ("Effective Date") of the Franchise. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A, Acceptance of Franchise form Exhibit B, Depiction of City Corporate Boundaries CC:\Legislative Development\Franchise agmt Highline Water District 3-28-23 EM: Review and analysis by Andy Youn 26 Page 24 of 24 EXHIBIT A ACCEPTANCE OF FRANCHISE The undersigned authorized representative of Highline Water District hereby declares on behalf of Highline Water District the acceptance of the nonexclusive franchise to Highline Water District approved by the Tukwila City Council on , 2023, by the adoption of Tukwila City Ordinance No. DATED this day of , 2023. Highline Water District By: Its: 27 EXHIBIT B DEPICTION OF CITY CORPORATE BOUNDARIES ut CC !Park View CL Burten mandy ,ark Boeing NNd; •. r� 1",t, Airport S EMIL-117n, Brighton a Du S a. City of Tukwila Water Districts C Rainier Beach a1 Sit Skyway I akeridge vt S 128th St Evansville North Seatac Park WD 20 R a • S 146tn St S !, st Bryn Mawr qw � � o c � e4, S 128th St S 132nd St Black Raver Forest 'HIGHUNE Seattle-lacorra McMicken I � 9 International heights Al rport S 200tH St S 1/6th Sr S 182nd sr S 111ltn 5r Sea REN_T/■ON V W e/ 5,,,/ 1 SW 2 7rn st L nd Ave SW V take Weshingrot rex S 196th sr 1671 Renton SAunlapa Airport 1.60 Q SGV -..w.., King Canty, WA State Parks G6. Esti. HERE. Garmin, yt atilt. GcoTechnologa. ksc. MEiVNASA USGS. Bureau of Land Ka_ agement, EPP NPS, USDS%Esri, NASA NGA USGS. "V Valley Floor 28 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 04/17/23 JR ITEM INFORMATION ITEM NO. 4.C. 29 STAFF SPONSOR: MIKE PERFETTI ORIGINAL AGENDA DATE: 04/17/23 AGENDA ITEM TITLE Surface Water Fund — East Marginal Way Stormwater Outfalls Project Project Completion and Acceptance CATEGORY ❑ Discussion Altg Date Motion Date 04/17/23 ❑ Resolution Mtg Date ❑ Ordinance M Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg. Date Mtg SPONSOR ❑Council Mayor HR DCD Finance Fire TS P&R ❑Police 11 PW ❑Court SPONSOR'S The Notice to Proceed for Contract Number 20-118 with Marshbank Construction was SUMMARY issued on October 19, 2020. Construction was physically completed on July 22, 2022. Council is being asked to formally accept the East Marginal Way Stormwater Outfalls contract with Marshbank Construction as complete and authorize the release of the $71,494.76 retainage, subject to standard claim and lien release procedures. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 04/03/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDTTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,035,201.00 $1,106,250.00 $0.00 Fund Source: 2021 CIP, PG 84 Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/17/23 MTG. DATE ATTACHMENTS 04/17/23 Informational Memorandum dated 03/31/23 Photos 2021 CIP, pg 84 Notice of Completion Minutes from Transportation and Infrastructure Committee meeting of 04/03/23 29 30 City of Tukwila Aran. Ekberg, Mayor Prlbk Works Department - Har/ Parrnekarrti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Mike Perfetti, Surface Water Sr. Program Manager CC: Mayor Ekberg DATE: March 31, 2023 SUBJECT: Surface Water Fund — East Marginal Way Stormwater Outfalls Project Project No. 91041204, Contract No. 20-118 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage. BACKGROUND This project constructed drainage improvements along the northern portion of East Marginal Way South by reestablishing a drainage connection to the Duwamish River and adding water quality treatment for a portion of East Marginal Way S. Prior to the project, drainage along the northern portion of East Marginal Way South was conveyed to the Duwamish River through four separate outfalls. The outfalls are owned by Jorgensen Forge, the Boeing Company, and two by the King County International Airport. The Jorgensen Forge outfall was abandoned in 2012 under an order from the Environmental Protection Agency (EPA) and flows had been temporally diverted to a King County Airport outfall. DISCUSSION This project was awarded on October 19, 2020, and construction began on March 8, 2021. The construction was physically completed on July 27, 2022. The final affidavits of wages paid have since been received and the notice of completion submitted to State L&I. FINANCIAL IMPACT The original contract amount was $1,035,201.00, including tax, and four change orders were executed for $348,280.03 and a total contract value of $1,383,481.03, which were approved by Council on August 16, 2021. Some cost overruns and project delays resulted from underground utility conflicts: first, a previously unknown fiber optic utility and later an unmarked 4" steel conduit were found to conflict with the alignment of the new drainage system. Construction was put on hold to accommodate alignment design revisions. Of the total contract award, $71,494.76 in retainage is being held by the City. The project received $1,106,250 in design and construction funding from the Department of Ecology Municipal Stormwater Capacity grant and $100,000 in construction funding from the King County Opportunity Fund. The remaining project costs were funded through storm water utility revenue, including savings from the design and construction management portions of the project. Expenses Construction Contract Amount $1,035,201.00 Change Order Nos. 1-4 348,280.03 Net Unit Price Overruns 46,414.18 Total Contract Amount $1,429,895.21 Fund Source Construction Budget DOE Grant $1,106,250.00 KC Grant 100,000.00 Surface Water Fund 223,645.21 Total $1,429,895.21 31 Info Memo - East Marginal Way Stormwater Outfalls Project Page 2 RECOMMENDATION Council is being asked to formally accept the East Marginal Way Stormwater Outfalls contract with Marshbank Construction as complete and authorize the release of the $71,494.76 retainage, subject to standard claim and lien release procedures, and to consider this item on the Consent Agenda at the April 17, 2023 Regular Council Meeting. Attachments: Project Photos 2021 CIP, page 84 Notice of Completion, Contract #20-118 Prone; 2O6-433-1200 • Email: Mayor@TukwillaWA.gov + Website: TukwilaWA.gev 32 East Marginal Way South Photos Bioretention planter, late summer 2022 Stormwater media filter unit installation 33 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: East Marginal Wy S Stormwater Outfalls Project No. 91041204 DESCRIPTION: Establish legal drainage connections from East Marginal Way South to the Duwamish River. JUSTIFICATION: Drainage from E Marginal Wy S is discharged through outfalls owned and operated by the Boeing Co., Jorgensen Forge, and two King County Airport storm systems without easements. STATUS: Design completed and approved by the Department of Ecology. Construction is anticipated to begin in September 2020. MAINT. IMPACT: Clarifies maintenance responsibility and will ensure reliability of system. City adopted the L Line in 2015. Construction includes pipe lining, installation of water quality and connecting COMMENT: the Jorgenson drainage area to Boeing's Z Line. DOE design and construction grant awarded in 2018 for $1.1m. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Project Location --`- -- 4 S Be PI IA 1 W Al 5 B7 PI ��� Design 265 45 c N S4 I...... ..- 30ei ----1 ' - 310 Monitoring 31 11 11 53 Const. Mgmt. 50 265 315 Construction 300 1,000 1,300 TOTAL EXPENSES 296 406 1,276 0 0 0 0 0 0 1,978 FUND SOURCES Awarded Grant RCO 164 100 842 1,106 KCFCD 50 50 Proposed Grant 0 Mitigation Expected 0 Utility Revenue 132 256 434 0 0 0 0 0 0 822 TOTAL SOURCES 296 406 1,276 0 0 0 0 0 0 1,978 34 2021 - 2026 Capital Improvement Program 84 Project Location --`- -- 4 S Be PI IA 1 W Al 5 B7 PI ��� c N S4 I...... ..- 30ei ----1 ' - r-r—.r- r GIS Nor 34 2021 - 2026 Capital Improvement Program 84 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Department Use Only Assigned to: Date Assigned: Date 03/09/2023 Form Version Original Revision Reason Awarding Agency Information Prime Contractor Information Name TUKWILA, CITY OF UBI 916001519 Name MARSHBANK CONSTRUCTION INC UBI 601649423 Address 6300 S CENTER BLVD #101 TUKWILA,WA-98188 Address PO BOX 97 LAKE STEVENS,WA-98258 Email Address mike.perfetti@tukwilawa.gov Email Address rachelle@marshbankconst.com Contact Name Mike Perfetti Phone 206-550-4930 Contact Name MARSHBANK CONSTRUCTION INC Phone 425-377-9708 Project Information Project Name East Marginal Way Outfall Stormwater Retrofit Project Contract # 20-118 Affidavit ID 1181422 Jobsite Address Date Awarded 11/16/2020 Date Work Commenced 03/08/2021 Date Work Completed 07/14/2022 Date Work Accepted 07/22/2022 Federally Funded Transportation Project If yes, attach Contract Bond Statement. ❑ Bond Waived? Retainage Waived? Subcontractors Used? If yes, complete Addendum A. a Detailed Description of Work Completed Construction of approximately 1600 linear feet of drainage improvements within the right-of-way of East Marginal Way, including but not limited to stormwater pump station installation, gravity and force main storm sewer, stormwater treatment vaults, cured in place pipe lining, bioretention planters, permeable pavement and paving, roadway, curb and gutter restoration, and other work necessary to complete the Work as specified and shown in the Contract Documents. DOR Tax Information "Right -click on the total field and select Update Field to auto -calculate. Contract Amount $1,035,201.00 Liquidated Damages $ 0.00 Additions (+) $348,280.03 Amount Disbursed $1,358,400.45 Reductions (-) -$46,414.18 Amount Retained $ 0.00 Sub -Total* $1,429,895.21 Other $71,494.76 Sales Tax Amount $ 0.00 Sales Tax Rate If multiple rates, attach a list. 10.10% TOTAL* $1,429,895.21 TOTAL* $1,429,895.21 These two totals must be equal. Apprentice Utilization Information Was Apprentice Utilization Required? If yes, complete this entire section. Engineer's Estimate $1,300,445.00 Utilization % 15.29% Was a Good Faith Effort approved? Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM THE RETAINED FUNDS until receipt of all release certificates and affidavits. Submitting Form: Submit the completed form by email to all three agencies below. elDepartment of Revenue Public Works Section (360)704-5650 Washington State Department of `%Labor & Industries Employment Security Depart Registration, Inquiry, Stand & Coordination Unit (Inn)Rgn-�d00 Contract Release (855) 545-8163, option # 4 ContractRelease@LN I. WA. GOV Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* APPLY -A -LINE LLC 600553941 1107197 EVERGREEN CONCRETE CUTTING INC 601605667 1072424 GARY MERLINO CONST CO INC 600584952 1077806 GREEN CITY INC 601196371 1164597 INSITUFORM TECHNOLOGIES LLC 601880220 1062187 MAK'S DUMP TRUCK LLC 602671980 1065712 NORTHLINE SURVEYING, INC 604206249 1159632 OLSON BROTHERS PRO -VAC LLC 602170975 1051546 PUGET PAVING & CONST INC 600403309 1097298 SALINAS SAWING & SEALING INC 601717158 1100545 SERVICE ELECTRIC CO INC 179023787 1139247 SILVERSTREAK INC 600432781 1097123 STRONG TRUCKING, INC. 601777166 1028061 VENTILATION POWER CLEANING INC 578089188 1063879 WILSON CONCRETE CONST INC 602168956 1120200 36 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes April 3, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: David Cline, Hari Ponnekanti, Seong Kim, Griffin Lerner, Josh Hartley, Joshua Hopkins, Mike Perfetti, Cyndy Knighton, Adam Cox Chair Sharp called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Consultant Agreement: Neighborhood Traffic Calming Program Staff is seeking Council approval of an agreement with KPG, Inc. in an amount not to exceed $100,000 for on-call engineering of the 2023 Neighborhood Traffic Calming program. Committee Recommendation \AV Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. B. Project Completion: 2022 Annual Small Drainage Program Staff is seeking Council approval of contract completion and release of retainage to Earthwork, LLC. in the final amount of $452,790.06 for the 2022 Annual Small Drainage Program. 11161. Committee Recommendation Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. C. Project Completion: East Marginal Way Stormwater Outfalls Project Staff is seeking Council approval of contract completion and release of retainage to *Marshbank Construction in the total amount of $1,429,895.21 for the Project. Committee Recommendation Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. D. Franchise Agreement Ordinance: Highline Water District Staff is seeking Council approval of an ordinance granting a franchise to Highline Water District Committee Recommendation Unanimous approval. Forward to April 10, 2023 Committee of the Whole. 37 38 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 04/17/23 JR ITEM INFORMATION ITEM NO. 4.D. 39 STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 04/17/23 AGENDA ITEM TITLE NTCP On-call Engineering Services Contract On-call Design Consultant Agreement CATEGORY ❑ Discussion Altg Date Motion Date 04/17/23 ❑ Resolution Mtg Date ❑ Ordinance M Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg. Date Mtg SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11 PW ❑Court SPONSOR'S Staff have been working on completing projects identified in the Top -10 Recommended SUMMARY NTCP Projects list. The remaining projects on the Top -10 list will be addressed as part of this contract. allow staff to address specific needs through a pre -determined fee structure without entering into individual agreements for each task. Council is being asked to approve the contract with KPG, Inc for on-call engineering services in the amount not -to exceed $100,000.00 for the Neighborhood Traffic Calming Program. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 04/03/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $100,000.00 $155,000.00 $0.00 Fund Source: Comments: 2023 CIP, Page 3 MTG. DATE RECORD OF COUNCIL ACTION 04/17/23 MTG. DATE ATTACHMENTS 04/17/23 Informational Memorandum dated 03/31/23 2023 CIP, Page 3 NTCP On -Call Design Contract KPG Top -10 Recommended NTCP Projects Project Map Minutes from Transportation and Infrastructure Committee meeting of 04/03/23 39 40 City of Tukwila Allan Ekberg, Mayor PWWk Works Department — I -k ri ParMrrekanti, £ frectar/City Frigrrreer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/City Engineer BY: Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: March 31, 2023 SUBJECT: NTCP On-call Engineering Services Contract Project No. 82310301 On-call Design Consultant Agreement ISSUE Execute a contract with KPG, Inc. (KPG) to provide on-call engineering and design services for the Neighborhood Traffic Calming Program (NTCP). BACKGROUND Staff have been working on completing projects identified in the Top -10 Recommended NTCP Projects list that was presented to the Council during discussions on where to allocate ARPA funding. Three projects have been fully completed: 1. Allentown Neighborhood Speed & Safety Study 2. Tukwila Community Center Pedestrian Crossing Safety Improvements 3.S 144th Street/46th Avenue S ADA Ramps. Three others are currently in progress in collaboration with the schools: 1. Tukwila Elementary School Safety Improvements 2. Cascade View Elementary School Safety Improvements 3. Impact Charter School Safety Improvements. Of the remaining 4 projects to be started, one will be addressed in a separate CIP project, Southcenter Boulevard/65th Avenue S Pedestrian Safety Improvements, will be replaced with a full traffic signal with design starting this year. DISCUSSION The remaining projects on the Top -10 list will be addressed as part of this contract, as well as addressing other needs or requests that have either already been identified or arise throughout the year. This on-call services agreement will allow staff to address specific needs through a pre -determined fee structure without entering into individual agreements for each task. Work will be assigned on an as -needed basis. The consultant will be authorized by issuance of written task order. Each task order will identify the scope of work to be performed, the period of performance and the not -to -exceed amount. FINANCIAL IMPACT The total amount of this contract shall not exceed $100,000.00. Funding for the On-call Engineering services agreement will be provided by the 2023 NTCP design budget. KPG Contract Cost Estimate $100,000.00 2023 Design Budget $155,000.00 RECOMMENDATION Council is being asked to approve the contract with KPG, Inc for on-call engineering services in the amount not -to exceed $100,000.00 for the Neighborhood Traffic Calming Program and consider this item on the Consent Agenda at the April 17, 2023 Regular Meeting. ATTACHMENTS: 2023 CIP, Page 3 Consultant Agreement Top -10 Recommended NTCP Projects Project Map 41 42 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2023 to 2028 PROJECT: Traffic Calming/Residential Safety Improvements Project No. 80010301 Programmatic approach to addressing neighborhood traffic concerns through a variety of methods. DESCRIPTION: Residential street improvements with sidewalks, safety improvements, and bike facilities. JUSTIFICATION: Neighborhood revitalization by improving residential streets. STATUS: Future candidates are listed in the citywide comprehensive update and safety -based prioritization of residential street improvements, sidewalks, and bike lanes. MAINT. IMPACT: Varies, depends on treatment(s) used. COMMENT: Residential improvements and traffic calming features to reduce speeds and improve pedestrian and bicycle safety such as the speed cushions, RRFB crossings, LED enhanced signs, Radar driver feedback signs, etc. FINANCIAL Through Estimated (in $000's) 2021 2022 2023 2024 2025 2026 2027 2028 BEYOND TOTAL EXPENSES Design 7 100 155 155 155 155 155 155 155 1,192 Land (R/W) 0 Const. Mgmt. 0 Construction 93 300 495 420 495 495 495 495 495 3,783 TOTAL EXPENSES 100 400 650 575 650 650 650 650 650 4,975 FUND SOURCES ARPA 100 400 400 400 500 Awarded Grant 0 Proposed Grant 250 175 250 250 250 250 250 1,675 Mitigation Expected 0 City Operating Funds 0 0 400 400 400 400 400 2,000 TOTAL SOURCES 100 400 650 575 650 650 650 650 650 5,475 2023 - 2028 Capital Improvement Program 839411 3 43 44 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and KPG Psomas Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform engineering and construction support services in connection with the project titled Neighborhood Traffic Calming Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2024 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $100,000 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers, in the form of Exhibit "B" hereto, to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 45 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in 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 the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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 $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 46 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 47 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. 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. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG Psomas Inc. 3131 Elliott Ave, Suite 400 Seattle, WA 98121 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes 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. CA revised May 2020 48 Page 4 DATED this day of , 20 ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised May 2020 CONSULTANT: By: sponsor staff. ** Printed Name: Sessyle Asato Title: Vice President Page 5 49 EXHIBIT A City of Tukwila 2023 Neighborhood Traffic Calming Program On -Call Scope of Work February 2023 The purpose of this on-call contract is to support the City of Tukwila with transportation analysis, engineering and design services to assist with the Neighborhood Traffic Calming Program. This work will be conducted on as -needed basis up to the budget allowances assigned for this project. The Consultant will not proceed with a task until authorized by the City. The anticipated scope of services includes, but is not limited to: • Traffic calming evaluation, analysis and design for corridors, neighborhoods, schools or specific sites • RRFB evaluation, analysis and design • Illumination analysis, including brief summary report (if required) • Surveying, if required (use of GIS maps shall be preferred) • Signage and channelization design • Sidewalks, median islands and pedestrian facilities repair design • Drainage facilities modifications and TESC plans (if required) • Bicycle facilities improvements • Associated landscaping improvements design • Structural design for elements such as pole foundations and retaining walls (if required) • Geotechnical engineering support (if required) • Construction documents (plans, specifications and cost estimate) • Services during bid advertisements • Other engineering services as directed by the City Work on on-call contracts will be on as -needed basis, and the Consultant understands the City does not guarantee any minimum amount of work. The Consultant will be authorized to perform work under this contract by issuance of a written task order executed between the City and Consultant. Each task order will identify the Scope of Work to be performed, the period of performance, and the not -to -exceed amount. City of Tukwila 2023 Neighborhood Traffic Calming On -Call Page 1 of 1 50 KPG Psomas Inc February 2023 Exhibit A KPG Psomas Inc. Summary of Negotiated Costs Effective January 1, 2023 through December 31, 2023 2023 Inclusive Rate Classification (Rounded to $1) Principal 285 Engineering Manager 251 Senior Engineer 215 Senior Project Engineer 203 Project Engineer III 188 Project Engineer II 175 Project Engineer I 149 Design Engineer II 140 Design Engineer I 133 Engineering Technician 114 Technician 102 Engineering Assistant 92 Senior Project Manager Survey 251 Survey Crew II (W/Equip) 260 Survey Crew I (W/Equip) 205 Field Surveyor I 92 Field Surveyor II 122 Field Surveyor III 145 Survey Assistant 92 Project Surveyor 164 Surveyor I 91 Surveyor II 121 Surveyor III 137 Urban Design Manager 200 Project Landscape Architect 155 Landscape Technician 102 Landscape Assistant 90 Senior Transportation Planner 190 Transportation Planner 114 Senior Construction Manager 245 Construction Manager 185 Senior Resident Engineer 172 Resident Engineer 155 Assistant Resident Engineer 144 Senior Construction Observer 191 Construction Observer III 143 Construction Observer II 130 Construction Observer I 106 Construction Technician 92 Document Control Specialist II 143 Document Control Specialist I 121 Document Control Admin 104 Construction Assistant 76 CAD Manager 180 Senior CAD Technician 138 CAD Technician 124 Business Manager 178 Senior Admin 133 Office Admin 103 Office Assistant 82 Subs billed at cost plus 5%. Reimbursables billed at actual costs. Mileage billed at the current approved IRS mileage rate. 51 EXHIBIT "B" Billing Voucher To: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Contractor: Telephone: Mailing Address: Specific Program: Contract Period: Reporting Period: Amount Requested This Invoice: $ Invoice Number: Date of Invoice: Authorized Signature Budget Summary: Total Contract Amount: $ Previous Payments: $ Current Request: $ Total Requested This Contract to Date $ Total Contract Amount: $ CA revised : 1-2013 52 Page 8 Staff Top -10 Recommended NTCP Projects Modified 11/2/2022 Project Details Potential Treatment Options Status Complete? Original Cost Range Estimate Updated Cost Estimate Updated Cost Range A Allentown Neighborhood Speed and Safety Study Since 2018, five individual requests for traffic calming have been recorded in the NTCP list of requests; however, traffic complaints have been made to the City over prior years. Addressing traffic safety concerns in Allentown is a top priority for the City PW Staff reviewing recommendations and developing scope of work for future projects. Yes $50,000-80,000 $20k for study $640k for CN of study recommendati ons $680,000.00 Study neighborhood -wide volume, speed, classification and safety issues. Design plan for Level 1 and Level 2 treatments throughout Allentown. Level 1: Improved signage; radar feedback signs; pavement marking modifications Level 2: Curb extensions B Tukwila Elementary School Safety Improvements Since 2018, 12 traffic calming requests have been made in the Cascade View neighborhood, with a significant number of them near Tukwila Elementary School. Common complaints have been over speeding and crosswalk or pedestrian safety. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. Some improvements have been made around Tukwila Elementary School already but more improvements are needed. Have reached out to Tukwila School District/Tukwila Elementary School staff to gain understanding of operations and challenges. Improvements will be p made in 2023. Underway $30,000-80,000 TBD $30,000- 80,000 Address speeding and crosswalk safety concerns. Level 1: Improved signage; radar feedback signs; pavement marking modifications Level 2: Curb extensions; RRFB installation; ADA ramp upgrades; improved illumination C Impact Charter School Safety Improvements A request specific to the newly opened Impact Charter School was received in 2019. The request was to provide a signed school zone, which Tukwila has provided along with signs marking school crossings on S 148th Street. ADA -compliant ramps have not been installed at the marked school crossings. The charter school has expanded their site to the north with a need for consideration of a school zone on S 146th Street and other potential improvements for children's safety. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school zones. Awaiting a proposed private development for possible ADA ramp improvement. Underway $8,000-15,000 TBD $8,000-15,000 Provide school crossing improvements, establish school zone on S 146th Street, if needed. Provide school crossing improvements, observe operating speeds, if necessary establish speed zone. Level 1: Improved signage for school zones on S 148th Street and S 146th Street; crosswalk installation Level 2: ADA ramp improvements; curb extensions D Cascade View Elementary School Safety Improvements Since 2018, the Tukwila Hill neighborhood has seen 9 requests for traffic calming. Four of the locations are around the speeding, school crossing and pedestrian safety around the Cascade View Elementary School. 85th Percentile speeds of "'30MPH in the 25MPH zones have been recorded, but analysis to separate whether the speeding is even more than the posted school zone has not been done. Additionally, the Council has asked for proactively addressing or anticipating concerns, specifically around school Study for improved signage and crosswalk underway Design for ADA improvements later in year with construction likely in 2023 Underway $8,000-15,000 TBD $8,000-15,000 Upgrade School Zone signing, design and install pedestrian crossing improvements. Level 1: Improved signage for school zones on S 148th Street and S 146th Street; crosswalk installation Level 2: ADA ramp improvements; curb extensions E Tukwila Community Center Pedestrian Crossing Safety Improvements The City Council has expressed desire for the NTCP to have a proactive element in addressing traffic calming and safety needs throughout the City. The TCC is a well -utilized facility by the Allentown neighborhood as well as the entire City and surrounding area. Concerns over the pedestrian crossings on S 124th Street have been raised by staff and residents in the past, along with the larger complaints of speeding in Allentown. Increasing pedestrian visibility to improve safety in this high -use area is a recommended top priority for the NTCP. Complete Yes $80,000-100,000 $15k PE $47k RRFB units $78k RRFB Installation $110,000.00 Design and install mid -block pedestrian safety improvements on S 124th Street. Level 1: Improve pedestrian crossing signage Level 2: RRFB installations; upgrade ADA ramps; curb extensions; improved illumination Project Details Potential Treatment Options Status Complete? Original Cost Range Estimate Updated Cost Estimate Updated Cost Range F Macadam Road Speed and Safety Improvements At least five requests for traffic calming, specific to speeding (and some secondary reasons) have been made since 2018. A radar feedback sign was placed near the 13700 block in 2019 but requests have continued to be made. Additional analysis is warranted to determine what other improvements could be used to address the speeding, especially where Macadam has extremely limited sight distance due to the curvy nature of the roadway. Individual Project to begin design 10 2023. $10,000 - 30,000 TBD $10,000 - 30,000 Design and install treatments addressing speeding and curve safety north of S 144th Street. Level 1: Improved signage; LED chevron signs; channelization modifications Level 2: G Southcenter Boulevard/65th Avenue S Pedestrian Safety Improvements Staff identified the need for improvement pedestrian safety at this location several years ago. Southcenter Boulevard is a 5 -lane roadway with known speeding issues along with curves that restrict sight distance. A high pedestrian usage at this intersection accessing the King County Metro bus stop that services both the Rapid Ride F -Line and Route 150, both workhorses of the south County transit network, justifies improving g pedestrian crossing safety. This intersection is slated for full signalization in the future, but interim pedestrian safety improvements should be considered sooner. Funding available for design of full signal in 2022 CI P. Design to begin in 2022. Recommended improvements will be incorporated into signal project in the CIP. $50,000-$90,000 TBD $50,000- $90,000 Design and install pedestrian safety improvements Level 1: Improved signage for pedestrian crossing Level 2: RRFB installation; ADA ramp upgrades; improved illumination H City-wide Residential Speed Limit Reviewlower As part of the City Council's expressed desire to proactively look at traffic calming needs, a full review of the residential street posted speed limits is recommended by staff. State law establishes city speed limits at 25MPH unless an engineering study is completed to justify higher speed limits. Most residential streets are posted at 25MPH today, but there are many that are posted at 30MPH or 35MPH. Likely, those speed limits are legacies of past annexation areas, where a speed study was completed by King County. The general impression Staff has is that most residents and elected officials would be happier with speed limits. City of Seattle has also recently lowered al speed limits nearly city-wide to be 25MPH. Reviews to begin in early 2023. $5,000-8,000 TBD $5,000-8,000 Identify residential streets with speed limits currently above 25MPH. Conduct volume, speed and safety review. Recommend changes to speed limits, as necessary. Level 1: Modify speed limit ordinance; as needed; install new signs; as needed. Level 2: 1 S Ryan Way Pedestrian Safety Improvements Two requests for traffic calming to address speeding and pedestrian crossing safety in the Ryan Hill area have been made in 2021. New developments are coming forward that will increase the residential population of this part of the City with multi family developments. The speed concerns, especially along S Ryan Way, coupled with the new housing developments increasing the likelihood of increased pedestrian activity, warrants this analysis be recommended as a top priority. Planning and Design to begin in early 2023. Will be stand alone project based on provided by the designer. $10,000-100,000 TBD $10,000- 100,000recommendations Safety study on S Ryan Way from MLK Jr. Way to east city limits, focusing on speeding and pedestrian safety. Recommend Level 1 and Level 2 improvements. Design and construct improvements. Level 1: Improved signage Level 2: Curb extension, improved illumination J S 144th Street/46th Avenue S ADA Ramps The Tukwila School District requested school crossing safety improvements at this intersection in 2017. A new Rectangular Rapid Flashing Beacon was installed in early 2019. At the time the RRFB was installed, the City was also submitting a grant application for the 46th Avenue S Safe Routes to School project, which would improve pedestrian safety between this intersection south to S 150th Street, and would include either a raised pedestrian crosswalk at the RRFB or install ADA - compliant curb ramps. The grant was not awarded. State law requires ADA ramps be brought up to current standards anytime a new signal, including the RRFB, is installed. Since grant monies for the larger improvement are not expected in the short term, staff recommends this as a priority to comply with all state and federal laws regarding Americans with Disabilities Act requirements. Complete Yes $15,000-20,000 $15k PE $90k Construction $105,000.00 Design and install ADA -compliant ramps at the intersection. Level 1: Level 2: ADA upgrades to ramps at RRFB (not done at time of RRFB installation due to budget constraints) Total $266,000 - $538,000 $808,000 $1,016,000 - $1,233,000 Project Complete Project Underway Project for On -Call Contract • nem gm to 111 �"hi,111, IN SEATTLE , Lake Washington S 113th St S 114 h St Strander BlsJd Wig Blvd Car ate Dr N rporate Dr S d • Line KENT City of Tukwila S Not to Scale Vicinity Map U:\PW Eng\GIS General Maps \Streets_11x17_Sept2018.med Date: 09/09/18 By: R. Linsao Disclaimer: The location of features and boundaries are approximate and are intended for reference only. Data is based on best information available. 5 56 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes April 3, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: David Cline, Hari Ponnekanti, Seong Kim, Griffin Lerner, Josh Hartley, Joshua Hopkins, Mike Perfetti, Cyndy Knighton, Adam Cox Chair Sharp called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Consultant Agreement: Neighborhood Traffic Calming Program *Staff is seeking Council approval of an agreement with KPG, Inc. in an amount not to exceed $100,000 for on-call engineering of the 2023 Neighborhood Traffic Calming program. Committee Recommendation 16411r Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. B. Project Completion: 2022 Annual Small Drainage Program Staff is seeking Council approval of contract completion and release of retainage to Earthwork, LLC. in the final amount of $452,790.06 for the 2022 Annual Small Drainage Program. 11161. Committee Recommendation Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. C. Project Completion: East Marginal Way Stormwater Outfalls Project Staff is seeking Council approval of contract completion and release of retainage to Marshbank Construction in the total amount of $1,429,895.21 for the Project. Committee Recommendation Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. D. Franchise Agreement Ordinance: Highline Water District Staff is seeking Council approval of an ordinance granting a franchise to Highline Water District Committee Recommendation Unanimous approval. Forward to April 10, 2023 Committee of the Whole. 57 58 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 04/17/23 JR ITEM INFORMATION ITEM No. 4.E. 59 STAFF SPONSOR: JOSHUA HOPKINS ORIGINAL AGENDA DATE: 04/17/23 AGENDA ITEM TITLE Surface Project Water Fund - 2022 Annual Small Drainage Program Completion and Acceptance CATEGORY ❑ Discussion Altg Date Motion Date 04/17/23 ❑ Resolution Alt Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date 1 Mtg SPONSOR ❑Council Mayor HR ❑DCD ❑Finance Fire TS P&R ❑Police PIV ❑Court SPONSOR'S The Notice to Proceed for Contract Number 22-070 with Titan Earthwork, LLC was issued SUMMARY on June 28, 2022. Construction was physically completed on October 13, 2022. Council is being asked to formally accept the 2022 Annual Small Drainage Program with Titan Earthwork, LLC. as complete and authorize the release of the $22,639.50 retainage, subject to standard claim and lien release procedures. REVIEVG'ED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 04/03/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $452,790.06 $700,000 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/17/23 MTG. DATE ATTACHMENTS 04/17/23 Informational Memorandum dated 03/31/23 Photos 2021 - 2026 CIP, pg 78 Notice of Completion Minutes from Transportation and Infrastructure Committee meeting of 04/03/23 59 60 City of Tukwila Milan Ekberg, Mayor Pubtk Works Department - Hari Pannekanti, Director/City Engineer INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer BY: Joshua Hopkins, Surface Water Project Manager CC: Mayor Ekberg DATE: March 31, 2023 SUBJECT: Surface Water Fund - 2022 Annual Small Drainage Program Project No. 80041201, Contract No. 22-070 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage. BACKGROUND The Small Drainage Program constructs drainage projects throughout the City that are too large for City staff to complete but are smaller than a typical Capital Improvement Project. DISCUSSION The Notice to Proceed for Contract Number 22-070 with Titan Earthwork, LLC was issued on June 28, 2022, and construction was physically completed on October 13, 2022. The 2022 Annual Small Drainage Program provided drainage improvements at these three locations: • 37th Ave S (S 126th St — S 128th St) • 48th Ave S (S 124th St — S 122"d St) • 49th Ave S (S 124th St — S 122"d St) FINANCIAL IMPACT The original contract amount was $547,980.00, and the 2022 Small Drainage work came in under budget at $452,790.06. A retainage of $22,639.50 is being held for this project. All project costs are covered by the surface water utility fund. Expenses 2022 Budget Construction Contract Amount $547,980.00 $700,000 Overruns/ (Underruns) (95,189.94) Total Contract Amount $452,790.06 RECOMMENDATION Council is being asked to formally accept the 2022 Annual Small Drainage Program with Titan Earthwork, LLC. as complete and authorize the release of the $22,639.50 retainage, subject to standard claim and lien release procedures, and to consider this item on the Consent Agenda at the April 17, 2023 Regular Council Meeting. Attachments: Project Photos 2021 CIP, page 78 Notice of Completion, Contract #22-070 61 62 Photos — 2022 Small Drainage Program 63 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Annual Small Drainage Program Project No. 9x241201 81241207 DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing/ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. COMMENT: Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar years. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 74 92 100 100 100 100 110 110 80 866 Const. Mgmt. 40 68 100 100 100 100 110 110 80 808 Construction 108 515 700 700 700 700 750 750 513 5,436 TOTAL EXPENSES 222 675 900 900 900 900 970 970 673 7,110 FUND SOURCES Awarded Grant 0 Proposed Grant 65 65 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 157 675 900 900 900 900 970 970 673 7,045 TOTAL SOURCES 222 675 900 900 900 900 970 970 673 7,110 Project Location: Entire System 64 2021 - 2026 Capital Improvement Program 78 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Department Use Only Assigned to: Date Assigned: Date 03/08/2023 Form Version Original Revision Reason Awarding Agency Information Prime Contractor Information Name TUKWILA, CITY OF UBI 604225872 Name TITAN EARTHWORK LLC UBI 602605763 Address 6300 S CENTER BLVD #101 TUKWILA,WA-98188 Address 1585 VALENTINE AVE SE PACIFIC,WA-98047 Email Address joshua.hopkins@tukwilawa.gov Email Address accounting@titanearth.com Contact Name Joshua Hopkins Phone 206-890-6380 x Contact Name TITAN EARTHWORK LLC Phone 206-325-3004 Project Information Project Name 2022 Small Drainage Pragram Contract # 80041201 Affidavit ID 1185139 Jobsite Address 3 locations throughout the City of Tukwila Date Awarded 06/13/2022 Date Work Commenced 07/29/2022 Date Work Completed 09/29/2022 Date Work Accepted 10/13/2022 Federally Funded Transportation Project If yes, attach Contract Bond Statement. ❑ $ 0.00 Bond Waived? Retainage Waived? Subcontractors Used? If yes, complete Addendum A. a Detailed Description of Work Completed Drainage improvements at up to (3) locations, all within the City of Tukwila. Specific tasks may include storm conveyance installation, removing and replacing HMA, relocating and adjusting hydrant assemblies and water meter services, restoration, revegetation, and providing temp erosion/water pollution control. DOR Tax Information "Right -click on the total field and select Update Field to auto -calculate. Contract Amount $547,980.00 Liquidated Damages $ 0.00 Additions (+) $ 0.00 Amount Disbursed $430,150.56 Reductions (-) $95,189.94 Amount Retained $22,639.50 Sub -Total* $452,790.06 Other $ 0.00 Sales Tax Amount $ 0.00 Sales Tax Rate If multiple rates, attach a list. 0.00% TOTAL* $452,790.06 TOTAL* $452,790.06 These two totals must be equal. Apprentice Utilization Information Was Apprentice Utilization Required? If yes, complete this entire section. Engineer's Estimate $ 0.00 Utilization % 20.24% Was a Good Faith Effort approved? Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM THE RETAINED FUNDS until receipt of all release certificates and affidavits. Submitting Form: Submit the completed form by email to all three agencies below. Department of Revenue ritin0 Public Works Section (360) 704-5650 PWC@dor_wa_gav Washington State Department of Labor & Industries Contract Release (855) 545-8163, option # 4 ContractRelease@LN I. WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov 65 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* ALL CITY SAWING & DRILLING LLC 602372903 1169898 BEN'S DOZER SERVICES INC 601432463 1169981 LAKESIDE INDUSTRIES INC 601106847 1159304 LAKESIDE INDUSTRIES INC 601106847 1164018 NORTHWEST DATUM & DESIGN, INC. 601868527 1164907 OLSON BROTHERS PRO -VAC LLC 602170975 1169777 PAPE' MACHINERY, INC. 602189602 1164867 66 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes April 3, 2023 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Tosh Sharp, Chair; Kate Kruller, Mohamed Abdi Staff Present: David Cline, Hari Ponnekanti, Seong Kim, Griffin Lerner, Josh Hartley, Joshua Hopkins, Mike Perfetti, Cyndy Knighton, Adam Cox Chair Sharp called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Consultant Agreement: Neighborhood Traffic Calming Program Staff is seeking Council approval of an agreement with KPG, Inc. in an amount not to exceed $100,000 for on-call engineering of the 2023 Neighborhood Traffic Calming program. B. Committee Recommendation \AV Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. Project Completion: 2022 Annual Small Drainage Program Staff is seeking Council approval of contract completion and release of retainage to Earthwork, LLC. in the final amount of $452,790.06 for the 2022 Annual Small Drainage Program. 11161. Committee Recommendation Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. C. Project Completion: East Marginal Way Stormwater Outfalls Project Staff is seeking Council approval of contract completion and release of retainage to Marshbank Construction in the total amount of $1,429,895.21 for the Project. Committee Recommendation Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. D. Franchise Agreement Ordinance: Highline Water District Staff is seeking Council approval of an ordinance granting a franchise to Highline Water District Committee Recommendation Unanimous approval. Forward to April 10, 2023 Committee of the Whole. 67 68 COUNCIL AGENDA SYNOPSIS A.41,----- Initials ITEM No. 44, Meeting Date Prepared by Mayor's review Council review Q l o 4/17/23 ESL 4.F. 2906 ITEM INFORMATION STAFF SPONSOR: ERIC LUND ORIGINAL AGENDA DATE: 4/17/23 AGENDA ITEM TITLE Flock Safety Contract CATEGORY ❑ Discussion Mfg Date A Motion Mtg Date 4/17/23 ❑ Resolution Meg Date ❑ Ordinance Meg Date ❑ Bid Award Mfg Date ❑ Public Hearing Meg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R 11 Police ❑ PW SPONSOR'S Flock Safety provides license plate readers that have been installed in 26 locations in SUMMARY Tukwila. The cameras take still photographs of the rear of vehicles as they pass by. The license plate number is checked against the national NCIC database related to stolen vehicles, missing persons, Amber Alerts, warrant subjects, etc. The Council is being asked to authorize the Mayor to sign a 2 -year contract up to $200,000 and consider this item on the consent agenda at the 4/17/23 Regular Meeting. REVIEWED BY ❑ Trans&infrastructure Svcs 1 ❑ LTAC ❑ DATE: 4/10/23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $143,500 $144,000 $0 Fund Source: POLICE DEPARTMENT BUDGET Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/17/23 MTG. DATE ATTACHMENTS 4/17/23 Informational Memorandum dated 4/4/23 Flock Camera Agreement Flock Apprehension Data Device Map Minutes from the 4/10 Community Services & Safety Committee 69 70 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Commitee FROM: Eric Dreyer, Chief of Police BY: Eric Lund, Deputy Chief of Police CC: Mayor Ekberg DATE: April 4, 2023 SUBJECT: Flock Safety Contract ISSUE This memorandum is an update to the progress and statistics related to the Flock Safety LPR (License Plate Reader) System and a request to authorize the Mayor to sign the contract with Flock Safety. This topic was discussed with this committee at the April 11, 2022 meeting when the planning began. After completing the permit process with the city, installation was finally completed at the end of January 2023. The department has been using the system since that time and the 2 -month demonstration period has concluded. BACKGROUND Flock Safety provides license plate readers that have been installed in 26 locations throughout the city. The cameras are very small and are powered by a solar panel. The cameras take still photographs of the rear of vehicles as they pass by. The license plate number is checked against the national NCIC database related to stolen vehicles, missing persons, Amber Alerts, warrant subjects, etc. When a license plate matches a "hit" from the NCIC database, the camera send out a real-time alert to all officers that a wanted vehicle has just past by a specific location and officers can respond to the area in an attempt to locate the vehicle and take the appropriate law enforcement action. The data can also be used during investigations to obtain evidence of other crimes. ALPR's are not used for traffic enforcement and data is not stored beyond 30 days. The data does not contain any Personally Identifiable Information. Transparency to the community is important for the police department. Flock includes a "Transparency Portal" that allows the department to audit searches. All searches must include a case number when looking for evidence, and a crime has already been committed. The Transparency Portal is live at https://transparency.flocksafety.com/tukwila-wa-pd. DISCUSSION Flock Safety cameras have been very effective in increasing the recovery of stolen vehicles, deterring crime, and apprehending subjects for criminal activity. Data has shown that there has been a significant increase in recovering stolen vehicles. The cameras were installed late in January 2023. In February and March, officers have recovered more stolen cars than the amount that have been reported stolen. 71 72 INFORMATIONAL MEMO Page 2 Jan 2022 Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 2023. Feb Mar Stolen Recovered Percentage 97 72 74% 93 71 76% 91 50 55% 84 64 76% 77 63 82% 61 49 30% 64 54 84% 55 44 80% 65 42 65% 35 70 82% 89 45 51% 68 58 35% 64 v- 84% 45 6` 138% 52. 661 117% This system has also been very valuable in obtaining evidence of serious crimes, not only in Tukwila, but with our regional partners. Just recently, a Tukwila detective was able to obtain valuable video evidence for a murder investigation from a neighboring jurisdiction. The search began by using Flock and pointed the detective to a business that had video surveillance of the suspects prior to the violent crime being committed. This evidence was described as "extremely valuable" by the investigating agency. FINANCIAL IMPACT The cost per camera is $2,500 per camera per year. The department currently has 26 cameras in service. The total cost for year 1 is $75,000, which includes $6,500 professional services and set up fee. The recurring costs for following years will be $68,500 per year. The police department planned for this expense and the expense was approved during the 2023-2024 budget process. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the 2 -year contract up to $200,000.00 and consider this item on the consent agenda at the April 17th, 2023 Regular Meeting. ATTACHMENTS Flock Camera Agreement Flock Apprehension Data Device Map REFERENCE April 11, 2022 CSS Minutes https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/Informational Memorandum (Info Memo).docx f`ock safety FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. ("Flock") and the customer identified below ("Customer") (each of Flock and Customer, a "Party"). This order form ("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY CUSTOMER AGREEMENT" attached (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement"). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. The Agreement will become effective when this Order Form is executed by both Parties (the "Effective Date"). Customer: WA - Tukwila PD Contact Name: Eric Lund Address15005 Tukwila Intl Blvd Phone: 2064331821 Tukwila, Washington 98188 Expected Payment Method: Initial Term: 24.00 Renewal Term: 24 Months E -Mail: e.lund@tukwilawa.gov Billing Contact: (if different than above) Pilot period: First 60 days of Initial Term; option to cancel contract at no cost. Initial Term invoice due after Pilot period. Billing Term: Annual payment due Net 30 per terms and conditions Name Price QTY Subtotal Flock Safety Advanced Search 25-49 Falcons $3,500.00 1.00 $3,500.00 Flock Falcon Camera $2,500.00 26.00 $65,000.00 Professional Services - Falcon, Standard Implementation $250.00 26.00 $6,500.00 (Includes one-time fees) Year 1 Total: $75,000.00 Recurring Total: $68,500.00 {EFM2578746.DOCX;2/13175.000001/ } Flock Group Inc. This proposal expires in 30 days. Order Form 73 flock safety By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below. Flock Group Inc Customer: By: By: Name: Name: Title: Title: Date: Date: {EFM2578746.DOCX;2/13175.000001/ } Flock Group Inc. 74 This proposal expires in 30 days. Order Form frock safety GOVERNMENT AGENCY AGREEMENT This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police department or government agency identified in the signature block of the order form ("Agency") (each a "Party," and together, the "Parties"). RECITALS WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform (the "Flock Service"), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles ("Footage") and can provide notifications to Agency upon the instructions of Non -Agency End User ("Notifications"); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non -Agency users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering ("Purpose"). AGREEMENT NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1. {EFM2578746.DOCX;2/13175.000001/ } 75 76 1.1 "Agency Data" will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage. 1.2. "Agency Hardware " shall mean the third -party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term "Agency Hardware" excludes the Embedded Software 1.3 `Authorized End User(s)" shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement. 1.4 "Documentation" will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.5 "Embedded Software" will mean the software and/or firmware embedded or preinstalled on the Agency Hardware. 1.6 "Flock IP" will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. 1.7 "Footage" means still images captured by the Agency Hardware in the course of and provided via the Services. 1.8 "Hardware" or "Flock Hardware" shall mean the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term "Hardware" excludes the Embedded Software. 1.9 "Implementation Fee(s)" means the monetary fees associated with the Installation Services, as defined in Section 1.10 below. 1.10 "Installation Services" means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware. 1.11 "Non Agency End User(s)" shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement. 1.12 "Services" or "Flock Services" means the provision, via the Web Interface, of Flock's software application for automatic license plate detection, searching image records, and sharing Footage. 1.13 "Support Services" shall mean Monitoring Services, as defined in Section 2.9 below. 1.14 "Unit(s)" shall mean the Agency Hardware together with the Embedded Software. 1.15 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services. 1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non -transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for {EFM2578746.DOCX;2/13175.000001/ } Agency 's designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the Agency's sole and exclusive remedy and Flock's sole and exclusive liability with regard to such third -party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third -party service provider that are provided or otherwise made available to Agency from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- exclusive, non -transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non -transferable right and license to use the Documentation during the Service Term to Agency's in connection with its use of the Services as contemplated herein, and under Section 2.4 below. 2.4 Usage Restrictions. a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture ("Permitted Purpose"). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of {EFM2578746.DOCX;2/13175.000001/ } 77 78 the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency's rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency's and any Authorized End User's access to any portion or all of the Flock IP or Flock Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a "Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency 's account that have been impacted. {EFM2578746.DOCX;2/13175.000001/ } 2.7 Installation Services. 2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a "Designated Location"). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. Except as provided for in Section 2.7.2 and 2.9 below, after initial installation, any subsequent changes to the deployment plan ("Reinstalls") will incur a charge for Flock's then -current list price for Reinstalls, as listed in the then -current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee- schedule) and any equipment charges. These changes include but are not limited to camera re -positioning, adjusting of camera mounting, re -angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware. 2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available, Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third -party personnel (i.e. Traffic Control Officers, Electricians, State DOT -approved poles, etc., if necessary), such costs to be approved by the Agency ("Agency Installation Obligations") prior to Flock installing the Hardware and Unit. In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Without being obligated or taking any responsibility for the foregoing, Flock may pay {EFM2578746.DOCX;2/13175.000001/ } 79 80 and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Flock is not responsible for installation of Agency Hardware. 2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. 2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Agency's default and Flock shall have the right to enforce any other legal remedy or right. 2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. 2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"). If Flock determines that a relocation of a Unit from the original Designated Location is suitable, the reinstallation shall occur at no cost to the City. Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services ("On -Site Services") in-person or by email at support@flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support. {EFM2578746.DOCX;2/13175.000001/ } 2.10 Special Terms. From time to time, Flock may offer certain "Special Terms" related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency's written consent. To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to the Agency, (b) the competitive strength of, or market for, Flock's products or services, (c) such platform or system's cost efficiency or performance, or (ii) to comply with applicable law. If any such change results in a detrimental impact to the Agency, the Agency shall have the option to either: (1) terminate this Agreement and receive a pro - rata refund of any pre -paid fees to -date, or (2) request a credit for payment of future fees. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Flock will assist Agency End -Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency End -Users may not select as its User ID a name that the Agency End -User does not have the right to use, or another person's name with the intent to impersonate that person. Agency and Agency End -Users may not transfer their account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will provide reasonable assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services. 3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor the illegal use of cameras, damaging of cameras, removal of cameras, passing along login information, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 4. CONFIDENTIALITY; AGENCY DATA 4.1 Confidentiality. To the extent allowable by applicable FOIA and state -specific Public Records Acts, each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose {EFM2578746.DOCX;2/13175.000001/ } 81 82 business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes any record Flock has marked as "Confidential". Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units ("Agency Data"). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise required to state or Federal law or by court order) or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency 's neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order. 4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty -free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty -free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below). As between Agency and Non -Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non -Agency End Users will share all right, title and interest in the Non -Agency End User Data. This Agreement {EFM2578746.DOCX;2/13175.000001/ } does not by itself make any Non -Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the "Aggregated Data") and Flock acknowledges and agrees that it is solely responsible and liable for conducting such anonymization and de -identification of Agency Data. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data. 5. PAYMENT OF FEES 5.la Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. 5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a {EFM2578746.DOCX;2/13175.000001/ } 83 84 Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice. 5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' prior written notice to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. If Agency is a non -tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income. 6. TERM AND TERMINATION 6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either party gives the other party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. 6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either party gives the other party written notice of non -renewal at least thirty (30) days prior to the end of the then -current term. 6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self -elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience, within a commercially reasonable period of time upon termination. {EFM2578746.DOCX;2/13175.000001/ } 6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement, the non -breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock's material breach, Flock will refund to Agency a pro -rata portion of the pre -paid fees for Services not received due to such termination. 6.5 No -Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to `hot - list' alerts, which may include 'hot tags', stolen vehicles, Amber Alerts, etc. ("No -Fee Term"). In the event a Non - Agency End User grants Agency access to Footage and/or Notifications from a Non -Agency End User Unit, Agency will have access to Non -Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non -Agency End Users and Flock may, in their sole discretion, leave access open. The No -Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No -Fee Terms or can impose a price per No -Fee Term upon forty-five (45) days' notice. Agency may terminate any No -Fee Term or access to future No -Fee Terms upon thirty (30) days' notice. 6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 7. REMEDY; WARRANTY AND DISCLAIMER 7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Agency must notify Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then -current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Hardware. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software in any manner. {EFM2578746.DOCX;2/13175.000001/ } 85 86 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY 'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.5. 7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request. 7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, interne service providers or any other third party or acts or omissions of Agency or any Authorized End User. 8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, PARTIES AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND PARTY'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME {EFM2578746.DOCX;2/13175.000001/ } PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.5,. 8.2 Additional No -Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No -Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No -Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this Agreement. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock's suppliers. 8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from: (i) an alleged violation of Section 3.2, (ii) a breach of this Agreement, (iii) Agency's Installation Obligations, (iv) Agency's sharing of any data in connection with the Flock system, Flock employees or agent or Non -Agency End Users, or (v) Agency's use of the Services, Flock Hardware, Agency Hardware and any Embedded Software. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement. 9. RECORD RETENTION 9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency's consideration for paid access and no -fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable {EFM2578746.DOCX;2/13175.000001/ } 87 88 retention period, and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. 10. MISCELLANEOUS 10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by either party except with the other party's prior written consent. 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then -current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. 10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located (Washington). The parties hereto agree that venue would be proper in the chosen courts of Washington. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 10.6 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency's name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock's website. 10.7 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are "commercial items" and according to DFAR section {EFM2578746.DOCX;2/13175.000001/ } 252.2277014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing. 10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. {EFM2578746.DOCX;2/13175.000001/ } 89 90 flock safety EXHIBIT A Statement of Work Installation of Flock Camera on existing pole or Flock -supplied pole if required {EFM2578746.DOCX;2/13175.000001/ } Flock Group Inc. This proposal expires in 30 days. Order Form Case Number Disposition Approx. Value Guns Drugs Plate State Notes Last Updated 230001848 Apprehended washington Data Entry error from OSA 2023-03-31T23:36:40.955Z Apprehended arizona 2023-03-28T03:05:54.579Z 230001744 Apprehended 15000 washington 1 arrest 2023-03-31T22:45:19.707Z 230001698 Apprehended 20000 washington 1 juvenile arrest. Hit & Run, Eluding, PSV, Resisting Arrest, Assault 3, Escape 2 2023-03-31T22:47:09.097Z 2300001690 Apprehended 15000 washington 2023-03-24T19:40:35.087Z Two arrests. Classic USB hotwire job on ignition. Vehicle fled from King County hours earlier. Unknown if suspects arrested in Tukwila were same suspects 230001651 Apprehended 10000 Pills washington from King County eluding case. 2023-03-22T23:40:30.574Z Not Apprehended Oregon 2023-03-20T22:08:24.505Z 230001563 Apprehended 6000 washington 2023-03-31T22:48:22.748Z Apprehended washington 2023-03-17T23:36:29.200Z Apprehended washington 2023-03-17T02:10:59.8072 Apprehended washington both plates on original owners vehicle. removed from system 2023-03-17T01:45:10.573Z Apprehended washington 2 detained, vehicle returned to owner 2023-03-16723:33:05.397Z 230001505 Apprehended 5000 washington 1 arrest and release 2023-03-31T22:54:16.550Z 230001481 Apprehended 16000 washington 2023-03-31T22:56:25.494Z Not Apprehended washington fled then 3 people jumped out in middle of street out of the vehicle 2023-03-12T05:23:01.923Z Two stolen vehicle recovered 230001308 Apprehended 30000 washington One suspect in custody. 2023-03-07T08:03:15.753Z Not Apprehended washington 2023-03-06T00:20:14.540Z Not Apprehended washington 2023-03-05T22:11:37.325Z Not Apprehended washington 2023-03-05T16:42:27.146Z No arrest 230001177 Apprehended 3000 washington 2023-02-28T23:52:06.748Z Not Apprehended california 2023-02-28T06:03:43.077Z 230001153 Apprehended 6000 washington no arrests 2023-02-28T01:27:13.636Z Juve suspect incustody 230001156 Apprehended 20000 2 washington 2 guns recovered 2023-02-28701:24:49.2402 230001150 Apprehended 15000 washington No arrest 2023-02-27T19:12:09.797Z No suspect info 230001115 Apprehended 18000 washington Located N Mall Lot 2023-02-25T22:51:10.771Z Male in Custody. 230001107 Apprehended 35000 meth florida Vehicle recovered and impounded. 2023-02-25T19:35:28.331Z Not Apprehended washington fail to stop was driven by a white female who was in a stole vehicle last week and also fled then. 2023-02-24T01:55:58.116Z Apprehended washington 2023-02-23T01:20:44.647Z Apprehended oregon 2023-02-21T09:58:35.509Z Apprehended washington 2023-02-20T12:59:31.996Z Apprehended california 2023-02-16T23:17:01.152Z 230000921 Apprehended 4000 washington Suspect fled from vehicle 2023-02-16T20:28:48.449Z Not Apprehended washington 2023-02-15T05:13:16.120Z Suspect fled from on Saturday 02-11-23 PC felony eluding, PSV Suspect located today attempted to flee and use vehicle to push patrol vehicle out of his way which failed then ran on foot was arrested booked into KCJ. 230000888 Apprehended 3000 Crystal meth, fentanyl washington Felony warrant for PSV and Bother also had case for PSV and Felony Eluding. 2023-02-15T02:51:12.480Z 230000869 Apprehended 2000 washington 1 detained. Determined to be civil issue 2023-02-14T16:58:11.982Z Renton PD Apprehended 125000 washington Located vehicle used in assault threats to kill out of Renton PD, Renton PD responded followed the vehicle and took the suspect into cusody. 2023-02-15T02:05:09.742Z Apprehended washington 2023-02-13T22:45:56.284Z 230000835 Apprehended 1500 washington parked unoccupied 2023-02-14T17:05:59.288Z 230000793 Apprehended 4000 washington no arrest 2023-02-14T17:10:06.936Z 230000790 Apprehended 1 washington license plates only. 2023-02-14T17:07:32.788Z 230000777 Apprehended 4000 washington no arrest 2023-02-14T17:10:58.471Z 230000780 Apprehended 1 washington license plate only 2023-02-14T17:16:26.479Z 230000773 Apprehended 18000 washington 2 arrests 2023-02-14T17:19:12.290Z 23000752 Apprehended 20000 washington 2023-02-08T13:33:48.734Z 230000663 Apprehended 20000 washington 2023-02-06T22:48:43.149Z 230000661 Apprehended 10000 washington 2023-02-06T22:49:50.154Z Apprehended washington 2023-02-03T01:51:03.942Z 230000657 Apprehended washington 2023-02-06T22:51:24.985Z 230000657 Apprehended washington 2023-02-06T23:11:20.568Z 230000621 Apprehended 6000 washington 2023-02-06T23:13:17.465Z 230000608 Apprehended 20000 washington unoccupied 2023-02-14T17:25:39.648Z 230000357 Apprehended 1 washington license plates 2023-02-14T17:27:01.748Z 230000613 Apprehended 20000 washington 1 arrest 2023-02-14T17:28:23.676Z Not Apprehended washington 2023-01-31T12:36:34.870Z 230000520 Apprehended 30000 oregon rental no return. 1 detained 2023-02-14T17:35:55.432Z Not Apprehended washington 2023-01-30T03:18:57.907Z Not Apprehended washington 2023-01-30T02:30:52.070Z Apprehended texas 2023-02-O1T21:23:20.735Z CO Not Apprehended washington 2023-01-29T17:16:42.196Z Apprehended washington 2023-01-28T10:43:35.119Z Apprehended oregon 2023-01-30T23:37:46.372Z Apprehended oregon 2023-01-30T23:33:32.551Z Tukwila PD — Device Map April 3, 2023 1, SI '•e� S 123rd SI y°+ S '" -' "1S hoe! /Ong Jr 444, Tv Tukwila sip S 132nd 51 Aa SW' l a°„ •a,eq s 5. sse ems, Seattle -Tacoma International Airport a 4 S 776th SI SeaTac MCMICKEN HEIGHTS 110 172h 5: 9 S "9 SOUTHGENTF a 1I II Ii ff< s 12thsr _- S RILLIA sisain 92 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes April 10, 2023- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp Staff Present: Laurel Humphrey, Mindi Mattson, Eric Dreyer, Eric Lund Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: Automated License Plate Readers Staff is seeking Council approval of a contract with Flock Group, Inc. for up to $200,000 for two- year funding of the Automated License Plate Reader program. Committee Recommendation: * Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. B. Resolution: Workforce Scheduling Software Interlocal Agreement Staff is seeking Council approval of a resolution approving an interlocal agreement with National Purchasing partners to allow PD to contract with a workforce scheduling software provider. Committee Recommendation: Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. C. Disaster Preparedness Kit Project Staff updated the committee on a $28,000 award from the Emergency Management Preparedness Grant Program to be used to provide disaster preparedness kits for low income and Limited English Proficiency families in the Tukwila School District. Committee Recommendation: Discussion only. II. MISCELLANEOUS The meeting adjourned at 6:12 p.m. MA Committee Chair Approval Minutes by LH 93 94 COUNCIL A GENDA SYNOPSIS A.41,----- Initials ITEM No. 44, Meeting Date Prepared by Mayor's review Council review Q l o 04/17/23 JB 4. G . ,_,_.1906_- ITEM INFORMATION STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 4/17/23 AGENDA ITEM TITLE Resolution to Approve an Interlocal Agreement with NPPgov and SafeCities scheduling software CATEGORY ❑ Discussion Mfg Date ❑ Motion Mtg Date a Resolution Mk Date 4/17/23 ❑ Ordinance Mtg Date ❑ Bid Award Mfg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R 11 Police ❑ PW SPONSOR'S The Police Department is asking Council to approve a resolution approving an interlocal SUMMARY agreement with National Purchasing Partners (NPPgov) that would allow the Department to contract with a workforce scheduling software provider. REVIEWED BY ❑ Trans&Infrastructure Svcs 1 ❑ LTAC ❑ DATE: 4/10/23 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ABDI RECOMMENDATIONS: SPoNsoR/ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: GENERAL FUND Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/17/23 MTG. DATE ATTACHMENTS 4/17/23 Information Memorandum dated 04/10/2023 Proposed Resolution Approving an Interlocal Agreement with NPPgov Intergovernmental Cooperative Purchasing Agreement Master Purchase Agreement Minutes from the 4/10 CSS Committee meeting 95 96 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Eric Dreyer, Chief of Police BY: Jake Berry, Public Safety Budget Analyst CC: Mayor Ekberg DATE: April 10th 2023 SUBJECT: Resolution to Approve an Interlocal Agreement with NPPgov ISSUE The Police Department is asking Council to approve a resolution approving an interlocal agreement with National Purchasing Partners (NPPgov) that would allow the Department to contract with a workforce scheduling software provider. BACKGROUND For decades, the Police Department has used modified Excel spreadsheets to schedule regular, overtime, vacation, leave, and specialty shifts. As part of the 2023/2024 budget, Council provided the Department with funding to contract with a scheduling software company. The Department has chosen to partner with Safe Cities to provide these services. Safe Cities, in turn, is partnered with NPPgov to streamline the procurement process. DISCUSSION NPPgov is a SeaTac-based national cooperative procurement organization offering publicly solicited contracts to government entities nationwide. NPPgov uses a Lead Public Agency to publicly solicit and award contracts through an RFP process. NPPgov members are eligible to access these contracts by signing an intergovernmental agreement with the Lead Public Agency, eliminating in some cases the need for members to complete their own RFP process and allowing the City to leverage the negotiating strength of NPPgov's 45,000 members. An interlocal agreement with NPPgov may provide benefits beyond the Safe Cities partnership as they are partnered with numerous vendors that provide law enforcement equipment, network connectivity, park/playground/recreation equipment, and many others. FINANCIAL IMPACT 1. NPPgov membership is free. 2. The Police Department budget provides $14,000 in each of 2023 and 2024 for Scheduling Software. Safe Cities will cost $19,392 in 2023 and an estimated $15,444 in 2024 (2023 is more expensive due to one-time implementation and training costs). The amounts over budget will be absorbed by the Police Department. RECOMMENDATION The Committee is being asked to approve the resolution and forward this item to the April 17th 2023 Consent Agenda. ATTACHMENTS Proposed Resolution Approving an Interlocal Agreement with NPPgov Intergovernmental Cooperative Purchasing Agreement Master Purchase Agreement 97 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AN INTERLOCAL AGREEMENT WITH NATIONAL PURCHASING PARTNERS. WHEREAS, the City of Tukwila ("City") is a municipal corporation operating under the laws of the State of Washington; and WHEREAS, the City utilized a preliminary demonstration version of Safe Cities, LLC's electronic shift schedule software, and desires to move forward with a permanent version of the software program; and WHEREAS, pursuant to RCW 39.04.270, the City is authorized to purchase electronic data processing and telecommunication systems in accordance with the procedures set forth therein, including through competitive negotiation rather than through competitive bidding; and WHEREAS, RCW 39.34.030(1) authorizes the joint and cooperative exercise of shared powers, privileges and authority between public agencies of the State of Washington and public agencies of any other state; and, pursuant to RCW 39.34.030(5)(b), with respect to one or more public agencies purchasing or otherwise contracting through a bid, proposal, or contract awarded by another public agency or by a group of public agencies, any statutory obligation to provide notice for bids or proposals that applies to the public agencies involved is satisfied if the public agency(s) that awarded the bid, proposal, or contract complied with its own statutory requirements by either (i) posting the bid or solicitation notice on a website established and maintained by a public agency or purchasing cooperative for purposes of posting public notice of bid or proposal solicitations, or (ii) providing an access link on the public agency's web portal to the notice; and WHEREAS, the City has determined that it is beneficial to utilize the cooperative purchasing roster maintained by the National Purchasing Partners ("NPPGov"), a Washington LLC pursuant to the laws of the State of Washington, for the purchase of equipment, supplies, and materials, and specifically in this instance, for the procurement of an electronic data processing software provided by Safe Cities, LLC for the management of the City's Police Department shift schedules; and CC:\Legislative Development\National Purchasing Partners ILA 4-4-23 Emily Romanenko: Review by Andy Youn Page 1 of 2 99 WHEREAS, it is necessary for the City to enter into an Interlocal Agreement with NPPGov to become a participating member of NPPGov and, as such, have the legal right and authority to exercise rights and privileges as a member of NPPGov to purchase equipment, services, and supplies from the NPPGov purchasing roster; and WHEREAS, Safe Cities, LLC is a member of the NPPGov purchasing roster; and WHEREAS, pursuant to the rights and privileges conveyed by being a member of NPPGov, the City Council desires to authorize the Mayor to engage in contract negotiations to execute a formal agreement with Safe Cities, LLC for the purposes of procuring an electronic data processing software to manage the City's Police Department shift schedules; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council authorizes the Mayor to execute an Interlocal Agreement with NPPGov, making the City a member of NPPGov, in substantially the form attached hereto as Exhibit "A". Section 2. The City Council authorizes the Mayor to engage in contract negotiations to execute a formal agreement with Safe Cities, LLC. Section 3. This Resolution shall be effective immediately upon passage. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment: Exhibit A, "Intergovernmental Cooperative Purchasing Agreement" CC:\Legislative Development\National Purchasing Partners ILA 4-4-23 Emily Romanenko: Review by Andy Youn 100 Page 2 of 2 DocuSign Envelope ID: D3B4CABO-871C-4962-802D-06ECC64C7B3A Intergovernmental Cooperative Purchasing Agreement This Intergovernmental Agreement (Agreement) is by and between the "Lead Contracting Agency" and participating government entities ("Participating Agencies"), that are members of National Purchasing Partners ("NPPGov"), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO, Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as "parties" to this agreement. WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov's marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America. WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies; WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies; WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs; WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements; League of Oregon Cities IGA 101 DocuSign Envelope ID: D3B4CABO-871C-4962-802D-06ECC64C7B3A NOW, THEREFORE, the parties agree as follows: ARTICLE 1: LEGAL AUTHORITY Each party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party's procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies' procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT a. A "procuring party" is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency. b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non -procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non -procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party. c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement. d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies. (-ague of Oregon Cities IGA V i 102 DocuSign Envelope ID: D3B4CABO-871C-4962-802D-06ECC64C7B3A ARTICLE 4: PAYMENT OBLIGATIONS The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party. ARTICLE 5: COMMENCEMENT DATE This Agreement shall take effect after execution of the "Lead Contracting Agency Endorsement and Authorization" or "Participating Agency Endorsement and Authorization," as applicable. ARTICLE 6: TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by a party giving 30 days written notice to "Lead Contracting Agency" ARTICLE 7: ENTIRE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 8: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF "THE LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION" OR "PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION," AS APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. League of Orr, 103 DocuSign Envelope ID: D3B4CABO-871C-4962-802D-06ECC64C7B3A LEAGUE OF OREGON CITIES ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of the League of Oregon Cities ("Lead Contracting Agency") that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies. The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies. The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization. DocuSigned by: 38C546F8555143E... t3Y: ITS: League of Oregon Cities Contact Information: Contact Person: Mike Culley Address: 1201 Court St NE #200, Salem, OR 97301 Telephone No.: 503-588-6550 Email: mculley@orcities.org Date: 3/26/2020 (-ague of Oregon Cities IGA V1.0 104 DocuSign Envelope ID: D3B4CABO-871C-4962-802D-06ECC64C7B3A PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of ("Participating Agency") that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the Lead Contracting Agency to Participating Agencies locally, regionally, and nationally through NPPGov. The undersigned further acknowledges that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPPGov shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment. The undersigned affirms that he/she is an agent of and is duly authorized to sign this Participating Agency Endorsement and Authorization. Date: BY: ITS: Participating Agency Contact Information: Contact Person: Address: Telephone No.: Email: League of Oregon Cities IGA 105 106 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 LEAGUE OF OREGON CITIES MASTER PRICE AGREEMENT This Master Price Agreement is effective as of the date of the last signature below (the "Effective Date") by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 ("LOC" or "Purchaser") and Informer Systems, LLC ("Vendor"). RECITALS WHEREAS, the Vendor is in the business of selling certain Public Safety Software Solutions, Data Collection, Storage and Utilization, as further described herein; and WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and WHEREAS, through a solicitation for Public Safety Software Solutions, Data Collection, Storage and Utilization the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2020 for Public Safety Software Solutions, Data Collection, Storage and Utilization; and WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov; NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows: ARTICLE 1 — CERTAIN DEFINITIONS 1.1 "Agreement" shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A -F attached hereto and by this reference incorporated herein, including Purchaser's Request for Proposal No. 2020 (herein "RFP") and Vendor's Proposal submitted in response to the RFP (herein "Vendor's Proposal") as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the "Contract Documents"). 1.2 "Applicable Law(s)" shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind. 1.3 "Employee Taxes" shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor's employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law. 1.4 "Purchaser's Destination" shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time. 107 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 1.5 "Products and Services" shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers. 1.6 "Purchase Order" shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree. 1.7 "Unemployment Insurance" shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation. 1.8 "National Purchasing Partners" or "(NPP)" is a subsidiary of two nonprofit health care systems. The Government Division of NPP, hereinafter referred to as "NPPGov", provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov's membership includes participating public entities across North America. 1.9 "Lead Contracting Agency" shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement. 1.10 "Participating Agencies" shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, "Participating Agency" shall be considered "Purchaser" under the terms of this Agreement. 1.11 "Party" and "Parties" shall mean the Purchaser and Vendor individually and collectively as applicable. ARTICLE 2 — AGREEMENT TO SELL 2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement. 2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web -link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause. 2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall 2 108 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 govern. No other terms and conditions, including, but not limited to, those contained in Vendor's standard printed terms and conditions, on Vendor's order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties. 2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party. 2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority: (i) This Agreement; (ii) The RFP; (iii) Vendor's Proposal; 2.6 Extension of contract terms to Participating Agencies: 2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement ("IGA") as may be required by each Participating Agency's local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were "Purchaser" hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies. 2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies' procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. 2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with NPPGov, pursuant to the terms of the RFP. 2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service's Procurement List ("Procurement List") pursuant to ORS 279.835-.855. See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon. 3 109 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ARTICLE 3 — TERM AND TERMINATION 3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement ("Initial Term"). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a "Renewal Term"); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term. 3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non -breaching party. ARTICLE 4 — PRICING, INVOICES, PAYMENT AND DELIVERY 4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase. Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA. 4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser's Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser. 4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes. Attachment A or Vendor's Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading. 4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. ("Incidental Expenses"). 4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser. 4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing. 4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor. 4 110 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser. Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser's Destination. ARTICLE 5 — INSURANCE 5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours' notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT. 5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 5.3 Vendor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor's employees engaged in the performance of the work or services, as well as Employer's Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers' Compensation and Employer's Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement. 5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency. ARTICLE 6 — INDEMNIFICATION AND HOLD HARMLESS 6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the "Indemnitees"), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney's fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor's performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the 5 111 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 Products and Services or any part thereof infringe any third party's U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years. 6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non - procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party. ARTICLE 7 — WARRANTIES Purchaser shall refer to Vendor's Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein. ARTICLE 8 - INSPECTION AND REJECTION 8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser's Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled. 8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor's sole cost and expense, elect either to (i) return any damaged, non -conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non -conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement. 8.3 The provisions of this Article shall survive the expiration or termination of this Agreement. 6 112 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ARTICLE 9 — SUBSTITUTIONS Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser. ARTICLE 10 - COMPLIANCE WITH LAWS 10.1 Vendor agrees to comply with all Applicable Laws and at Vendor's expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser's request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates. 10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser's execution of this Agreement or performance of its obligations hereunder. ARTICLE 11 — PUBLICITY / CONFIDENTIALITY 11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party. 11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement. ARTICLE 12 - RIGHT TO AUDIT Subject to Vendor's reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser's right to audit under this Article 12 and Purchaser's rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination. ARTICLE 13 - REMEDIES Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement. 7 113 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ARTICLE 14 - RELATIONSHIP OF PARTIES Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other. ARTICLE 15 - NOTICES All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below: If to Lead Contracting Agency: LEAGUE OF OREGON CITIES 1201 Court St. NE Suite 200 Salem OR 97301 ATTN: Jamie Johnson -Davis Email: rfp@ORCities.org If to Vendor: INFORMER SYSTEMS, LLC 1900 South Norfolk Street Suite 350 San Mateo CA 94403 ATTN: Mark Musick Email: mmusick cni informersystems.com Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above. ARTICLE 16 - FORCE MAJEURE Except for Purchaser's obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is caused by force majeure. For purposes of this Agreement, "force majeure" shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance. 8 114 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ARTICLE 17 - WAIVER No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party's right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing. ARTICLE 18 - PARTIES BOUND; ASSIGNMENT This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed. ARTICLE 19 - SEVERABILITY To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly. ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT 20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor's Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control. 20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter. ARTICLE 21 - HEADINGS Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement. ARTICLE 22 - MODIFICATIONS This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a 9 115 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency. ARTICLE 23 - GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency's use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions. ARTICLE 24 - COUNTERPARTS This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below. PURCHASER: DocuSigneci by: Signature:-38C546F886D143E Mike cul 1y Printed Name: Executive Director Title: LEAGUE OF OREGON CITIES Dated: 6/24/2020 VENDOR: ,—DacuSigned by: Signature:--.-3F2A9B177B534F3... Mark Musick Printed Name: Title: President Informer Systems, LLC 6/24/2020 Dated: 116 10 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ATTACHMENT A to Master Price Agreement by and between VENDOR and PURCHASER. PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES Source of list price is directly from Informer Systems, LLC with a publication date of March 3, 2020. All products offered are new, unused, and most current. All price proposals include freight and delivery. This pricing schedule covers Categories 1, 2, 5, 9, and 11. Informer Systems M League of Oregon Cities Schedule Express Pricing Number of Users License Fee Per User/Per Month* *(Billed Annually) Fixed Discount per # of Users Number of Users Total Annually 1-30 $20.00 0.0% 0 $0.00 31-150 $13.00 35.0% 0 $0.00 151-300 $12.50 37.5% 0 $0.00 301-500 $12.00 40.0% 0 $0.00 501-750 $11.50 42.5% 0 $0.00 751-1000 $11.00 45.0% 0 $0.00 1001-1250 $10.50 47.5% 0 $0.00 1251-1500 $10.00 50.0% 0 $0.00 1501-1750 $9.50 52.5% 0 $0.00 1751-2000 $9.00 55.0% 0 $0.00 2001-2250 $8.50 57.5% o $0.00 2251-2500 $8.00 6o.o% o moo 2501-2750 $7.50 62.5% o $0.00 2751-3000 $7.00 65.o% 0 $0.00 3001-3250 $6.5o 67.5% o moo 3251-3500 $6.00 70.0% o moo 3501-3750 $5.50 72.5% o $0.00 3751-4000 $5.00 75.o% 0 $0.00 4001 and above $4.50 77.5% o Moo Additional Discounts 1o% addl number of users Included Onsite refresher training Included Unlimited 'live' web -based training Included All future maintenance and updates Included 24/7/365 service, support, and maintenance Included 11 117 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 Professional Services Personnel Rate Days Total One-time onsite full deployment of Schedule Express One-time onsite training for all admin & supervisory personnel One-time onsite data collection and custom configuration o $1,500 per person 0 $0.00 50% discount for rapid deployment within 6o days after receipt of order moo Additional Services Rate Total Custom Reports Modification of Existing Report or Creation of New Report $1,000 each moo Programming Services Custom Development or Integration with Third Party Applications $190 per hr moo System Analysis Services Analysis & Evaluation of Work Force Management Processes & Procedures $190 per hr moo © 2020 Informer Systems, LLC — Confidential/Proprietary Information—All Rights Reserved Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement. Participating Agencies may purchase from Vendor's authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. Vendor's authorized dealers and distributors, as applicable, are identified in a [list, link found at http:], as may be updated from time to time. [ A current list may be obtained from Vendor.] 12 118 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ATTACHMENT B to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL SELLER WARRANTIES To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor's Proposal. 13 119 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ATTACHMENT C to Master Price Agreement by and between VENDOR and PURCHASER. PARTICIPATING AGENCIES The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency. Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement ("IGA"), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency's legal requirements as if it were the "Purchaser" hereunder. 14 120 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ATTACHMENT D to Master Price Agreement by and between VENDOR and PURCHASER. Vendor's Proposal (The Vendor's Proposal is not attached hereto.) (The Vendor's Proposal is incorporated by reference herein.) 15 121 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ATTACHMENT E to Master Price Agreement by and between VENDOR and PURCHASER. Purchaser's Request for Proposal (The Purchaser's Request for Proposal is not attached hereto.) (The Purchaser's Request for Proposal is incorporated by reference herein.) 16 122 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ATTACHMENT F to Master Price Agreement by and between VENDOR and PURCHASER. ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY. Terms of Service THESE "TERMS OF SERVICE" GOVERN YOUR PURCHASE OF OUR SERVICES. THESE TERMS OF SERVICE WILL ALSO GOVERN YOUR PURCHASE AND ONGOING USE OF THOSE SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE SERVICES. These Terms of Service were last updated on November 7, 2019. They are effective between You and Us as of the date You commence using the Services. We may, in Our sole and absolute discretion, change these Terms of Service from time to time. We will post a copy of the Terms of Service as changed on the Site. Your continued use of the Services constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Services. 1. DEFINITIONS "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs. "Purchased Services" means Services that You or Your Affiliates purchase. "Services" means the online, Web -based applications and platform provided by "Us" via www.scheduleexpress.com and/or other designated websites (collectively, the "Site"). "Users" means individuals who are authorized by You to use the Services, for whom subscriptions to a Service have been purchased, and who have been supplied user identifications and passwords by You (or by Us at Your request). Users include Your employees and agents. "We," "Us" or "Our" means the Informer Systems, LLC. "You" or "Your" means the company or other legal entity for which you are accepting the Terms of Service and Affiliates of that company or entity. 17 123 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 "Your Data" means all electronic data or information submitted by You to the Purchased Services. 2. PURCHASED SERVICES 2.1. Provision of Purchased Services. We shall make the Purchased Services available to You pursuant to these Terms of Service. You agree that Your purchase hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Us regarding future functionality or features. 2.2. User Subscriptions. Services are purchased as User Subscriptions and may be accessed by no more than the specified number of Users. User Subscriptions may be added during the subscription term at the same pricing as that for the pre- existing subscriptions, prorated for the remainder of the subscription term in effect at the time the additional User Subscriptions are added. Added User Subscriptions shall terminate on the same date as the pre-existing subscriptions. Subscriptions are for designated Users and cannot be shared or used by more than one User. 3. USE OF THE SERVICES 3.1 Our Responsibilities. We shall: (i) provide to You basic support for the Purchased Services at no additional charge, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give ample notice via the Purchased Services and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Pacific time Friday to 3:00 a.m. Pacific time Monday), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations. 3.2. Your Responsibilities. You shall (i) be responsible for Users' compliance with these Terms of Service, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with its intended use and applicable laws and government regulations. You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third -party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third -party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks. 4. FEES AND PAYMENT FOR PURCHASED SERVICES 4.1. User Fees. Subscription fees are based on monthly periods that begin the first day of the month and are billed annually. Subscriptions that are activated within the month will be prorated, e.g. fees for Subscriptions activated in the middle of a monthly period will be prorated for that monthly period. You shall pay all fees specified in all invoices hereunder. Except as otherwise specified herein, (i) fees are quoted and payable in United States dollars (ii) fees are based on services purchased and not actual usage, (iii) payment obligations are non -cancelable and fees paid are non-refundable. Current fees for the Services may be obtained by calling our Sales Department at 800-470-6102. 18 124 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 4.2. Invoicing and Payment. You will provide Us with valid and updated contact information with a valid purchase order or alternative document reasonably acceptable to Us. Payment is required to be made in advance annually; or in accordance with a mutually agreed upon billing cycle. We will invoice You in advance and otherwise in accordance with these Terms of Service. Invoiced charges are due net 30 days from the invoice date. You are responsible for maintaining complete and accurate billing and contact information in the Services. 4.3. Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. 4.4. Suspension of Service and Acceleration. If any amount owing by You under these Terms of Service or any other agreement for Our services is 30 or more days overdue, We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. 4.5. Payment Disputes. We shall not exercise Our rights under Section 4.3 (Overdue Charges) or 4.4 (Suspension of Service and Acceleration) if the applicable charges are under reasonable and good -faith dispute and You are cooperating diligently to resolve the dispute. 4.6. Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, " Taxes"). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority. 5. PROPRIETARY RIGHTS 5.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. 5.2. Restrictions. You shall not, (i) permit any third party to access or use the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services. 5.3. Ownership of Your Data. As between Us and You, You exclusively own all rights, title and interest in and to all of Your Data. 5.4. Suggestions. We shall have a royalty -free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Services. 19 125 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 6. CONFIDENTIALITY 6.1. Definition of Confidential Information. As used herein, "Confidential Information" means all confidential information disclosed by a party (" Disclosing Party") to the other party (" Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the Terms of Service, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. 6.2. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms of Service, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with these Terms of Service and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. 6.3. Protection of Your Data. Without limiting the above, We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordance with Section 6.4 (Compelled Disclosure) or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services or prevent or address service or technical problems, or at Your request in connection with customer support matters. 6.4. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information. 7. WARRANTIES AND DISCLAIMERS 7.1. Our Warranties. We warrant that (i) the Services shall perform materially in accordance with the Terms of Service and the functionality of the Services will not be materially decreased during a subscription term. For any breach of either such warranty, Your exclusive remedy shall be as provided in Section 10.3 (Termination for Cause) and Section 10.4 (Refund or Payment upon Termination) below. 7.2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS 20 126 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 8. INDEMNIFICATION 8.1 Indemnification by You. You shall defend Us and Our agents, servants, officials and employees from any and all claims, losses, liabilities, damages, costs, and expenses, including attorneys' fees, accountant, expert witness fees, related costs of investigation, and court costs (a "Claim") made or brought against Us by a third party alleging that Your Data, or Your use of the Services in violation of these Terms of Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Us for any damages finally awarded against, and for reasonable attorney's fees incurred by Us in connection with any such Claim; provided, that We (a) promptly give You written notice of the Claim; (b) give You sole control of the defense and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally release Us of all liability); and (c) provide to You all reasonable assistance, at Our expense. 8.2 Indemnification by Us. Subject to the limitation of liability set forth herein, We will defend You and Your agents, servants, officials and employees from any and all Claims, arising out of (a) any gross negligence, reckless or intentional act, error or omission of Us or our officers, agents, servants or employees in the performance of the Purchased Services or accruing, resulting from or relating to the subject matter of these Terms of Service including, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property as the result of gross negligent design, manufacture, installation, or servicing of any part of the Services, and (b) any actual or alleged infringement (including contributory infringement), misappropriation, or violation of any third party's patents, copyrights, trade secret rights, trademarks, or other intellectual property or proprietary rights of any nature in any jurisdiction in the world resulting from Your use of the Service as permitted under these Terms of Service. This indemnification is contingent on You providing Us with prompt written notice of such a Claim, granting Us, with the prior written approval of Your City/County Attorney, not to be unreasonably withheld, sole control of the defense of any such Claim, along with the right and opportunity to approve or reject any settlement of any claim for which You will seek indemnification from Us. In the event Your City/County Attorney does not provide such prior written approval, We will have no obligation to indemnify You pursuant to this Section 8.2. You will use reasonable efforts to notify Us promptly of any third party claim, suit, or action for which You believe you are entitled to indemnification hereunder. 8.3 Notwithstanding the foregoing, We will not be obligated to indemnify You to the extent that an infringement or misappropriation claim is based upon (i) any modification You make to the Services or Your use of the Services in a manner that We have not authorized in writing (ii) use of the Services in combination with other products not supplied or recommended by Us as being compatible with the Services, if such infringement or misappropriation would not have occurred but for such combined use; (iii) use of any release of the Services other than the most current release actually furnished, if the most current release was furnished to You specifically to avoid such infringement or misappropriation and if such infringement or misappropriation would have been avoided by use of the most current release; or (iv) any modification of the Services made by You (other than at Our direction), if such infringement or misappropriation would not have occurred but for such modification. Our obligation to indemnify You in any event shall be reduced proportionately by the extent to which the injury or damage, which forms the basis of the underlying Claim, was caused by the Your negligent or wrongful act or omission. 9. LIMITATION OF LIABILITY 9.1. Limitation of Liability. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, 21 127 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER OR, WITH RESPECT TO ANY SINGLE INCIDENT, THE LESSER OF $500,000 OR THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. 9.2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 10. TERM AND TERMINATION 10.1. Term. These Terms of Service commence on the date You commence using the Services and continue until all User subscriptions granted in accordance with the Terms of Service have expired or been terminated. 10.2. Term of Purchased User Subscriptions. User subscriptions purchased by You commence on the first day of the training period and will continue until terminated or cancelled. Except as otherwise specified, all User subscriptions shall automatically renew for the annual period(s), unless either party gives the other notice of non -renewal at least 30 days before the end of the relevant subscription month. The per-unit pricing during any such renewal month shall be the same as that during the prior term unless We have given You written notice of a pricing increase at least 30 days before the end of such prior monthly term, in which case the pricing increase shall be effective upon renewal and thereafter. 10.3. Termination for Cause. A party may terminate the Terms of Service for cause: (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 10.4. Refund or Payment upon Termination. Upon any termination for cause by You, any prepaid fees covering the remainder of the term of all subscriptions shall not be refunded after the effective date of termination. Upon any termination for cause by Us as indicated in Section 3.2 (Your Responsibilities), Section 4.4 (Suspension of Service and Acceleration), Section 5.1 (Reservations of Rights), Section 5.2 (Restrictions), and Section 6.2 (Protection of Confidential Information), You shall pay any unpaid fees covering the remainder of the term after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination. 10.5. Return of Your Data. Upon request by You made within 30 days after the effective date of termination of a Purchased Services subscription, We will make available to You for download a file of Your Data in comma separated value (.csv) format along with attachments in their native format. After such 30 -day period, We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control. 10.6. Surviving Provisions. Section 4 (Fees and Payment for Purchased Services), 5 (Proprietary Rights), 6 (Confidentiality), 7.2 (Disclaimer), 8 (Indemnification), 9 (Limitation of Liability), 10.4 (Refund or Payment upon Termination), 10.5 (Return of Your Data), 10.6. (Surviving Provisions) 11 (Notices, Governing Law and Jurisdiction) and 12 (General Provisions) shall survive any termination or expiration of these Terms of Service. 22 128 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 11. NOTICES, GOVERNING LAW AND JURISDICTION 11.1. General. Notices should be directed and sent to CEO, Informer Systems, LLC, 1900 S. Norfolk Street I Suite 350, San Mateo, CA 94403. These Terms of Service are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Mateo, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. 11.2. Manner of Giving Notice. Except as otherwise specified in the Terms of Service, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnifiable claim). Notices to You shall be addressed to the system administrator designated by You for Your relevant Services account, and in the case of billing -related notices, to the relevant billing contact designated by You. 11.3. Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Terms of Service. 12. GENERAL PROVISIONS 12.1. Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (i) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction. 12.2. Relationship of the Parties. The parties are independent. The Terms of Service do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. 12.3. No Third -Party Beneficiaries. There are no third -party beneficiaries to the Terms of Service. 12.4. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under the Terms of Service shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. 12.5. Severability. If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Service shall remain in effect. 12.6. Attorney Fees. You shall pay on demand all of Our reasonable attorney fees and other costs incurred by Us to collect any fees or charges due Us under these Terms of Service following Your breach of Section 4.2 (Invoicing and Payment) 12.7. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Terms of Service in its entirety, without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non -assigning party's election, termination of the Terms of Service upon written notice to the 23 129 DocuSign Envelope ID: CB031E95-2FDE-4460-9EBD-E7A22D413764 assigning party. In the event of such a termination, We shall not refund to You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, the Terms of Service shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. 12.8. Entire Agreement. These Terms of Service, including all exhibits and addenda hereto, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Unless we unilaterally change these Terms of Service and post a copy of the Terms of Service as changed on the Site, no modification, amendment, or waiver of any provision of these Terms of Service shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of these Terms of Service and any exhibit or addendum hereto, the terms of such exhibit or addendum shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your purchase order or other order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void. 12.9. Electronic Signatures and Contracts. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that Your electronic submissions via the Site constitute Your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions You enter into on the Site, including notices of cancellation, policies, contracts, and applications. In order to access and retain Your electronic records, you may be required to have certain hardware and software, which are Your sole responsibility. 12.10. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 12.11 U.S. Government Rights. If You are, or are entering into these Terms of Service on behalf of, any agency or instrumentality of the United States Government, the Services, including related software, technology and documentation, are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of the Services, including related software, technology and documentation, are governed by the terms of these Terms of Service. 24 130 Docu t a SECURED Certificate Of Completion Envelope Id: CB031 E952FDE44609EBDE7A22D413764 Subject: Please DocuSign: MPA 2020 Between LOC and Informer - MS FINAL v2.pdf Source Envelope: Document Pages: 24 Signatures: 2 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -08:00) Pacific Time (US & Canada) Status: Completed Envelope Originator: Bill DeMars 1100 Olive Way Suite 1020 Seattle, WA 98101 bill.demars@nppgov.com IP Address: 24.16.218.197 Record Tracking Status: Original 6/24/2020 2:14:46 PM Holder: Bill DeMars bill.demars@nppgov.com Location: DocuSign Signer Events Signature Timestamp Mark Musick mmusick@informersystems.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mike Cully mcully@orcities.org Executive Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/24/2020 7:38:55 PM ID: 70232dc1-0824-4f16-85ec-cb41 bf2fa446 —noeu9ignetl by 114I'4tus�r� "3F2A9B177B534F3.. Signature Adoption: Pre -selected Style Using IP Address: 65.102.117.212 DecuSlgned by: 38 C546F9889143E... Signature Adoption: Drawn on Device Using IP Address: 71.63.237.219 Signed using mobile Sent: 6/24/2020 2:22:00 PM Viewed: 6/24/2020 2:51:43 PM Signed: 6/24/2020 7:38:01 PM Sent: 6/24/2020 7:38:03 PM Viewed: 6/24/2020 7:38:55 PM Signed: 6/24/2020 7:39:11 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Marshall Stiles marshall.stiles@mynpp.com Brand Acquisition Manager NPP Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COPIED Sent: 6/24/2020 7:39:13 PM 131 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/24/2020 7:39:13 PM Certified Delivered Security Checked 6/24/2020 7:39:13 PM Signing Complete Security Checked 6/24/2020 7:39:13 PM Completed Security Checked 6/24/2020 7:39:13 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 132 Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Mike Cully ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 133 How to contact National Purchasing Partners: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: bruce.busch@mynpp.com To advise National Purchasing Partners of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at bruce.busch@mynpp.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from National Purchasing Partners To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to bruce.busch@mynpp.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with National Purchasing Partners To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to bruce.busch@mynpp.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 134 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify National Purchasing Partners as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by National Purchasing Partners during the course of my relationship with you. 135 136 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes April 10, 2023- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Mohamed Abdi, Chair; Thomas McLeod, Tosh Sharp Staff Present: Laurel Humphrey, Mindi Mattson, Eric Dreyer, Eric Lund Chair Abdi called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: Automated License Plate Readers Staff is seeking Council approval of a contract with Flock Group, Inc. for up to $200,000 for two- year funding of the Automated License Plate Reader program. Committee Recommendation: Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. B. Resolution: Workforce Scheduling Software Interlocal Agreement Staff is seeking Council approval of a resolution approving an interlocal agreement with National Purchasing partners to allow PD to contract with a workforce scheduling software provider. Committee Recommendation: Unanimous approval. Forward to April 17, 2023 Regular Consent Agenda. C. Disaster Preparedness Kit Project Staff updated the committee on a $28,000 award from the Emergency Management Preparedness Grant Program to be used to provide disaster preparedness kits for low income and Limited English Proficiency families in the Tukwila School District. Committee Recommendation: Discussion only. II. MISCELLANEOUS The meeting adjourned at 6:12 p.m. MA Committee Chair Approval Minutes by LH 137 138 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/27/23 DC 3/20/23 DC 4/10/23 DC 4/17/23 DC ITEM INFORMATION ITEM No. 5.A. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 2/27/23 AGENDA ITEM TITLE Annexation Plan for the Puget Sound Regional Fire Authority CATEGORY ® Discussion Mtg Date 4/10/23 ❑ Motion Mtg Date Resolution Mtg Date 4/17/23 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P nR ❑ Police [DPW SPONSOR'S SUMMARY Per the 2022 Contract for Services with Puget Sound Regional Fire Authority (PSRFA) an Annexation Plan was to be created and approved by the PSRFA Governing Board and the Tukwila City Council and then put to the voters for final approval. An Oversight Committee, consisting of Councilmembers Kruller and Sharp, as well as PSRFA Commissioners Barrie and Troutners, created this final plan for council approval. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 4/10/23 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: Kruller RECOMMENDATIONS: SPONsoR/ADMIN. Oversight Committee COMMITTEE Direct to Regular Meeting for discussion and approval COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/27/23 Forward for further discussion 3/20/23 4/10/23 4/17/23 MTG. DATE ATTACHMENTS 2/27/23 Info memo re: Proposed Annexation Plan dated Feb 21, 2023 Oversight Committee Memos Feb 1, 2023 & Feb 13, 2023 Draft Annexation Plan 3/20/23 Info memo (updated Mar 13, 2023) and PSRFA Final Annexation Plan 4/10/23 Info memo dated 4/4/23 Resolutions 4/17/23 Final Resolutions 139 140 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING THE ANNEXATION OF THE CITY INTO THE PUGET SOUND REGIONAL FIRE AUTHORITY AND APPROVING THE AMENDMENTS TO THE 2023 PUGET SOUND REGIONAL FIRE AUTHORITY PLAN. WHEREAS, the City of Tukwila ("the City") in October 2021, appointed the "Future of Fire/EMS Community Advisory Committee" and tasked it with recommending how fire and emergency medical services ("EMS") should be provided in Tukwila in the future; and WHEREAS, in May 2022, the Future of Fire/EMS Community Advisory Committee submitted its final report and recommended annexation into the Puget Sound Regional Fire Authority ("PSRFA"), or a short-term contract that would lead to annexation, due to the sustainability of funding, quality of services, and total costs to residents and businesses; and WHEREAS, in October 2022, the City and the PSRFA entered into an Interlocal Agreement for consolidation of fire and emergency medical services to be effective January 1, 2023; and WHEREAS, the City and the PSRFA share a contiguous border with the City of Kent, which is part of the PSRFA, along the City's southeast boundary and with the City of SeaTac, which is also part of the PSRFA, along the City's southwest boundary; and WHEREAS, the City is a fire protection jurisdiction as defined in RCW 52.26.020(3); and WHEREAS, RCW 52.26 authorizes two or more fire protection jurisdictions to participate in a regional fire services authority commonly known as a regional fire authority or "RFA"; and WHEREAS, both the City and the PSRFA are interested in pursuing the potential operational efficiencies and cost savings as a result of the City annexing into the PSRFA; and WHEREAS, both the City and the PSRFA believe that the public health and safety of the people they serve will benefit from the City's annexation into the PSRFA; and WHEREAS, on December 5, 2022, the City Council adopted Resolution No. 2060 expressing intent to annex into the PSRFA subject to voter approval consistent with the provisions of RCW 52.26.300(3); and CC:\Legislative Development\Approving Annexation to PSRFA and Plan 3-29-23 Cheryl Thompson: Review by Andy Youn Page 1 of 2 141 WHEREAS, in February 2023, the Annexation Oversight Group, comprised of two PSRFA Governing Board members and two Tukwila City Councilmembers, began meeting to draft an amendment to the 2016 RFA Plan to provide for annexation of the City of Tukwila into the PSRFA; and WHEREAS, on April 5, 2023, the Governing Board of the PSRFA adopted amendments to its 2016 RFA Plan (said amendments to be referred to hereinafter as the "2023 Puget Sound Regional Fire Authority Plan") to contain provisions authorizing annexation of the City of Tukwila for the provision of fire and emergency medical services, subject to voter approval; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to RCW 52.26.300(3), the City Council approves the 2023 Puget Sound Regional Fire Authority Plan, containing provisions for annexation of the City of Tukwila into the PSRFA and attached hereto this resolution as Exhibit A, subject to approval by Tukwila voters. Section 2. Pursuant to RCW 52.26.300(3), the City Council approves annexation into the PSRFA, subject to approval by Tukwila voters. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment: Exhibit A, "2023 Puget Sound Regional Fire Authority Plan" CC:\Legislative Development\Approving Annexation to PSRFA and Plan 3-29-23 Cheryl Thompson: Review by Andy Youn 142 Page 2 of 2 Exhibit A 2023 PUGET SOUND REGIONAL FIRE AUTHORITY PLAN Serving the cities of Covington, Kent, Maple Valley, SeaTac and Tukwila, and King County Fire Districts Nos. 37 and 43 Effective Date: January 1, 2024 143 TABLE OF CONTENTS Page Organizational Information 3 Section 1: Needs Statement 7 Section 2: Definitions 8 Section 3: Formation Authority 10 Section 4: Jurisdictional Boundaries 11 Section 5: Governance 14 Section 6: Organizational Structure/Operations 16 Section 7: Financial 17 Section 8: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit 21 Appendix A — Jurisdictional Boundaries 24 Appendix B — Organizational Structure 26 144 HISTORY In 2010, the voters of the City of Kent and King County Fire Protection District No. 37 approved the formation of the Kent Fire Department Regional Fire Authority, effective July 1, 2010. On January 1, 2014, the Kent Fire Department RFA contractually consolidated with the City of SeaTac Fire Department pursuant to an interlocal agreement, and the City of SeaTac filled a non-voting advisory position on the Governing Board pursuant to a 2014 Plan Amendment. In 2016, the Governing Board approved the renaming of the Kent Fire Department Regional Fire Authority to Puget Sound Regional Fire Authority pursuant to a 2016 Plan Amendment. On July 1, 2018, Puget Sound Regional Fire Authority contractually consolidated with Maple Valley Fire and Rescue (King County Fire Protection District No. 43) pursuant to an interlocal agreement and Maple Valley Fire and Rescue filled a non-voting advisory position on the Governing Board. On January 1, 2023, Puget Sound Fire contractually consolidated with the City of Tukwila Fire Department pursuant to an interlocal agreement, and the City of Tukwila filled a non-voting advisory position on the Governing Board. Copies of the original RFA Plan and the 2014 and 2016 amendments are retained in the Puget Sound Fire Administrative Offices. On April 5, 2023, Puget Sound Regional Fire Authority Governing Board approved an amendment of the 2016 RFA Plan ("2023 Puget Sound Regional Fire Authority Plan") to submit to the voters of the City of Tukwila as part of the process of annexing the City of Tukwila as a participating jurisdiction into the Puget Sound Regional Fire Authority. On August 1, 2023, the City of Tukwila voters approved the amended RFA Plan, and the City of Tukwila was formally annexed into the RFA on January 1, 2024. 3 1 145 PURPOSE Professionally and Compassionately Helping People VISION To be a trusted resource for building safe and healthy communities. MISSION To provide effective and sustainable services that meet the needs of a changing community with the resources entrusted to us. VALUES Integrity. We believe in holding ourselves accountable for our actions and living our shared values. Innovation. We believe in continuous improvement through collaboration. Inclusion. We believe in the strength diversity brings to our organization and communities. Service. We believe in exceeding the needs of our communities through exceptional customer service and leadership. 146 ( 4 1 OVERSIGHT Puget Sound Fire is governed by the Puget Sound Fire Governance Board. The Governance Board is comprised of nine voting members and three non-voting members. Of the voting members, three are appointed from the Kent City Council, three from the Tukwila City Council, and three from the Board of Commissioners for Fire District No. 37. Of the non-voting members, one is from the Covington City Council, one is from the SeaTac City Council, and one is from the King County Fire District No. 43 Board of Commissioners. The Puget Sound Fire Governance Board has the responsibility to oversee budget and policy decisions and to ensure that Puget Sound Fire is successful in its mission of protecting our communities. FUNDING Puget Sound Fire uses a voter -approved, two-part funding method comprised of property taxes and a fire benefit charge (FBC) to fund its operations. The FBC is a fee that is based on the benefit of having emergency services. It is not a per call charge and is not based on property value. The property tax/FBC model provides a stable funding method that results in predictable revenues. Adding a FBC alongside property taxes as part of the funding system allows Puget Sound Fire to equitably distribute the cost, meaning that higher risk properties pay more for the benefit of fire -related and emergency services and lower risk properties pay less. SERVICES AND STAFFING As an internationally accredited regional fire authority, Puget Sound Fire employs over 400 people, and 17 fire stations are staffed 24 hours a day, 365 days a year by full-time, career firefighters. Advanced Life Support (Paramedic) services are provided through the King County Medic One program. The broad range of emergency response services that we provide to our residents from our 17 fire stations throughout our response areas include: • Emergency Medical Services • Fire Suppression • Hazardous Materials • Water Rescue • Technical Rescue, and • Wildland Urban Interface ( 5 1 147 Additionally, Puget Sound Fire also provides non -emergency services to our residents including: • Emergency Management • Fire Prevention • Public Education and FDCARES Our support divisions include: • Community Relations • Finance • Human Resources • Strategic Resource Management • Business and Information Technology Services • Logistics • Fire Garage, and • Facilities Maintenance 148 ( 6 1 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 1: Needs Statement Adopted: 06-03-09 Revised: 01-01-24 1. The ability to respond to emergency situations by fire protection and emergency medical services jurisdictions has not kept up or progressed with the community's needs and special service demands; 2. Providing a fire protection and emergency medical service system requires a collaborative partnership and responsibility among local and regional governments and the private sector; 3. There are efficiencies to be gained by regional fire protection and emergency medical service delivery, while maintaining local control; and 4. Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection, emergency services, specialized rescue, hazardous material mitigation, using existing taxing authority to address fire protection and emergency service needs, with new authority to address critical fire protection projects and emergency services. 5. Puget Sound Regional Fire Authority is capable of providing regional services to its contractual partners and participating jurisdictions. RFA Plan Revision: The NEEDS STATEMENT section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. 7 ) 149 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 2: Definitions Adopted: 06-03-09 Revised: 01-01-24 The definitions in this section apply throughout the Regional Fire Protection Service Plan, unless the context clearly requires otherwise. 1. "Board" or "Governing Board": Means the governing body of a regional fire protection services authority. 2. "Participating Jurisdictions": Means the City of Kent, King County Fire Protection District No. 37 and the City of Tukwila. 3. "Contractual Jurisdictions": Means the City of SeaTac, Maple Valley Fire and Rescue and any future municipal corporations that enter into Interlocal Full Consolidation Agreements with Puget Sound Regional Fire Authority. 4. "Regional Fire Authority," "Puget Sound Regional Fire Authority" "Puget Sound RFA" "RFA": Means a municipal corporation, an independent taxing authority within the meaning of Article VII, Section 1, of the Washington State Constitution, and a taxing district within the meaning of Article VII, Section 2, of the Washington State Constitution, whose boundaries are coextensive with the City of Kent, King County Fire Protection District No. 37 and the City of Tukwila that has been created by a vote of the people under Revised Code of Washington chapter 52.26 to implement a Regional Fire Authority Plan and by a vote of the City of Tukwila voters to approve annexation of the City of Tukwila into the RFA pursuant to RCW 52.26.300. 5. "Regional Fire Authority Plan," "RFA Plan," "Puget Sound RFA Plan" or "Plan": Means a plan to develop, govern and finance a Regional Fire Authority, including, but not limited to, specific capital projects, fire prevention services, fire suppression services, emergency medical services, and services for the protection of life and property pursuant to RCW 52.26.040, and the preservation and maintenance of existing or future facilities and services. 6. "2023 Puget Sound Regional Fire Authority Plan" or "2023 RFA Plan": Means the 2017 RFA Plan as amended by the RFA Governing Board and approved by the City of Tukwila voters. 7. "Effective Date": Means the effective date of the 2023 RFA Plan on January 1, 2024. 150 ( 8 RFA Plan Revision: The DEFINITIONS section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. 9 ) 151 152 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 3: Formation Authority Adopted: 06-03-09 Revised: 01-01-24 A. Reference: 1. Puget Sound Regional Fire Authority was created pursuant to law when the voters of the City of Kent and King County Fire Protection District No. 37 approved the original RFA Plan at a special election on April 27, 2010 as authorized by Chapter 52.26 RCW. 2. The authority to annex additional Participating Jurisdictions into the RFA requires approval of an RFA Plan amendment by both the RFA Governing Board and the voters of the annexing Participating Jurisdiction pursuant to RCW 52.26.300. B. Activity and Operation: 1. If approved by the voters of the City of Tukwila at an election on August 1, 2023, this 2023 RFA Plan shall become effective on the Effective Date of January 1, 2024. If the 2023 RFA Plan is not approved by Tukwila voters, then this 2023 RFA Plan Amendment shall not be adopted, and the existing 2017 Puget Sound Regional Fire Department Plan shall remain as the RFA Plan. 2. Upon voter approval of the 2023 RFA Plan, the City of Kent, the City of Tukwila and King County Fire District No. 37 shall continue to exist as separate and independent Washington State municipal corporations. The exclusive purpose of the continued existence of King County Fire District No. 37 shall be to provide representation to the RFA Governance Board. 3. At such time as King County Fire District 37 no longer provides revenues or representatives to the governance board, it may be dissolved in accordance with RCW 52.26.120. RFA Plan Revision: The FORMATION AUTHORITY section of the Puget Sound RFA Plan is subject to amendment only by a revised Puget Sound Regional Fire Authority Plan being re -submitted to the electorate for approval. ( 10 ) PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 4: Jurisdictional Boundaries Adopted: 07-15-09 Revised: 01-01-24 A. Reference: 1. The authority to define the jurisdictional boundaries of the Puget Sound Fire Authority is provided by RCW 52.26.020(2). B. Jurisdictional Boundaries on Effective Date of the 2023 RFA Plan: 1. If the 2023 RFA Plan is approved by Tukwila voters, the jurisdictional boundaries of Puget Sound Regional Fire Authority shall be the current legal boundaries of the Participating Jurisdictions, which boundaries are currently contiguous and are depicted on the map attached hereto and marked as Appendix "A" of this 2023 RFA Plan. C. Changes in Jurisdictional Boundaries: 1. Boundary Changes that do not require a RFA Plan amendment. a. City of Kent or City of Tukwila annexations of areas included within the boundaries of King County Fire Protection District No. 37. Such annexations will not affect the RFA since the areas will already be within the RFA boundaries. Pursuant to RCW 52.26.290, there will be no required asset or employee transfers between the fire district and the affected city. b. City of Kent or City of Tukwila annexations of areas not included within King County Fire Protection District No. 37. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs as a result of annexation shall be between the transferring entity and the RFA. c. King County Fire Protection District No. 37 annexations of areas outside the boundaries of the RFA. On the effective date of such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant 153 to RCW 52.26.090. The territory added to the RFA by such annexation shall be subject to the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. d. Partial merger of an area located in an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such partial merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such partial merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Any transfer of assets or employees as a result of a partial merger shall be between the merging district and the RFA. e. Merger of an adjacent fire protection district into King County Fire Protection District No. 37. On the effective date of such merger, the territory merged into King County Fire Protection District No. 37 shall automatically be included within the boundaries of the RFA. The territory added to the RFA by such merger shall be subject to the taxation, charges, and bonded indebtedness of the RFA in the manner specified in chapter 52.06 RCW. Pursuant to RCW 52.06.085, the merger will result in an increase in the size of the governing board of King County Fire Protection District No. 37. Such increase shall not, however, alter the Governance Plan and the RFA governing board shall still have 3 representatives from the Fire District. Any transfer of assets or employees as a result of a merger shall be between the merging district and the RFA. f. Full or partial merger of King County Fire Protection District 37 into an adjacent fire protection district. On the effective date of such merger, the areas within King County Fire Protection District No. 37 that are merged into the adjacent fire protection district shall be removed from the jurisdictional boundaries of the RFA. In this situation, the RFA shall not be obligated to transfer employees or assets of the RFA, and the adjacent fire protection district shall be restricted to assets and employees of the fire district, if any. g. Annexation of a portion of King County Fire Protection District 37 by a City that is not a participating jurisdiction in the RFA. On the effective date of such annexation, the territory annexed shall automatically be removed from the boundaries of the RFA. In this situation, the RFA shall not be obligated to transfer employees or assets of the RFA, and the annexing city shall be restricted solely to assets and employees of the fire district, if any. h. Annexation of areas by the City of Covington. Provided that the City of Covington remains annexed into King County Fire Protection District No. 37, on the effective date of any such annexation, the territory annexed shall automatically be included within the boundaries of the RFA pursuant to RCW 52.26.090 and RCW 52.04.091. The territory added to the RFA by such annexation shall be subject to 154 ( 12 1 the taxation, charges, and bonded indebtedness (if approved as part of the annexation process) of the RFA. Any transfer of assets or employees that occurs as a result of such annexation shall be between the transferring entity and the RFA. 2. Boundary Changes that require a RFA Plan amendment. The addition of another entity as a participating jurisdiction in the RFA shall require a voter approved amendment to the RFA Plan. RFA Plan Revision: Except as provided in paragraph C.2 of this section, the JURISDICTIONAL BOUNDARIES section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 13 1 155 156 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 5: Governance Adopted: 07-15-09 Revised: 01-01-24 Governance and Representation A. Reference: 1. The authority to provide governance for the Regional Fire Authority is provided by RCW 52.26.080 and RCW 52.26.090. B. Governing Board Structure and Operation: 1. As provided by RCW 52.26.080, the RFA Governing Board shall include nine voting members consisting of three (3) current seated members from the City of Kent to be appointed by the Kent City Council and three (3) current, seated King County Fire District 37 Board of Commissioners members (3) current, seated members from the City of Tukwila to be appointed by the Tukwila City Council and nonvoting advisory positions consisting of one for each Contractual Jurisdiction as appointed by the governing body of such Jurisdiction. 2. The RFA Governing Board shall adopt governance policies and rules for conducting business for the RFA in accordance with RCW 52.26.080. 3. The RFA Governing Board shall adopt by-laws to govern RFA affairs in accordance with RCW 52.26.080. 4. The RFA Governing Board shall have all the power and authority granted governing boards under Washington State law and shall include the power and authority to make any decisions appropriate for the RFA and for matters related to Title 52 RCW. 5. Members of the Governing Board will receive compensation in the same manner and under the same conditions as provided by law for commissioners of a fire protection district organized under Title 52 RCW. ( 14 1 RFA Plan Revision: The GOVERNANCE section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. 15 ) 157 158 PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 6: Organizational Structure/Operations Adopted: 11-04-09 Revised: 01-01-24 A. Reference: 1. The authority for the RFA to establish an Organizational Structure is provided in RCW 52.26.040. B. Activity/Operation: 1. The RFA shall be organized and managed, with leadership provided as show in Appendix "B" of the RFA Plan. 2. The RFA Administrative, Operations and Prevention Division shall be organized, and a chain of command be established in accordance with the organizational structure provided in Appendix "B" of the RFA Plan. 3. The Governing Board for the RFA shall be referred to as the Regional Fire Authority Governing Board, as identified in Appendix "B" of the RFA Plan. 4. Current staffing models, standards of coverage, deployment standards, field operations, command staffing, and operational policies and procedures shall continue at the current level of service on the Effective Date. 5. Puget Sound Fire will operate pursuant to its adopted Standards of Coverage, which defines services, levels of service, standards of coverage, development standards and customer expectations of the RFA. RFA Plan Revision: The ORGANIZATIONAL STRUCTURE/OPERATIONS section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 16 ) PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 7: Financial Adopted: 11-04-09 Revised: 01-01-24 A. Reference: 1. The authority to provide funding and levy taxes for the RFA is provided by RCW 52.26.050, RCW 52.26.120, RCW 52.26.140 - .180, RCW 52.30.020, chapter 84.52 RCW and chapter 84.55 RCW. 2. The authority and mechanism for the collection of taxes and the benefit service charge shall be in accordance with RCW 52.26.170, RCW 52.26.200 - .270 B. Revenues/Funding: 1. Pursuant to the original approved RFA Plan, funding for the RFA is based on a property tax not to exceed $1.00 per thousand of taxable assessed value and a benefit service charge on all improved properties within the RFA service area based upon the general formula and methodology set annually by the RFA Governing Board. 2. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW 52.26.300, the initial property tax levy rate shall be calculated pursuant to the rule established under WAC 458-19-035. 3. In the event a Participating Jurisdiction annexes into the RFA pursuant to RCW 52.26.300, the benefit charge shall be applied within the boundaries of the Participating Jurisdiction based on the currently adopted Puget Sound Regional Fire Authority benefit charge formula on file with the Puget Sound Regional Fire Authority. 4. The initial tax levy and benefit charge in the Participating Jurisdiction shall occur in the year of formation provided the effective date of the annexation occurs prior to August 1, pursuant to RCW 84.09.030. If the effective date occurs after such date, the initial property tax levy and benefit charge shall not be made within the boundaries of the Participating Jurisdiction until the year following the Effective Date and the Participating Jurisdiction shall continue to pay for services for the first year of annexation in the ( 17 ) 159 160 manner established by agreement between Puget Sound Regional Fire Authority and the Participating Jurisdiction. 5. To the extent permitted by law, the RFA shall contract with agencies and entities exempt from property taxes in accordance with RCW 52.30.020 and related statutes. 6. The Governing Board shall have the authority to pursue all additional revenue sources authorized by law including but not limited to revenue sources specifically identified in Title 52 RCW that are not otherwise addressed in chapter 52.26 RCW. 7. The RFA shall pay all costs of continued operation of King County Fire Protection District No. 37 subsequent to the formation of the RFA C. Financial Assets Transferred: 1. Transfers of Real Property. a. The following real property owned by the City of Tukwila shall be transferred in fee simple determinable subject to an automatic reversionary interest, meaning Tukwila is conveying property "so long as" certain conditions are met, to the RFA, or leased to the RFA, as specified below: i. Station 51: The City of Tukwila shall retain ownership of the real property on which Station 51 is located and shall lease Station 51 to the RFA for 50 -year terms at the rate of $1 per year. As conditions of the lease, the RFA shall assume 100% of the maintenance costs and shall use Station 51 to deploy RFA response units, subject to any other interests in the property. ii. Station 52: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. Further, Tukwila shall retain the right to access and use the following areas of Station 52: (a) the "212 EOC Storage" closet; (b) the "210 Training Room" as the City's backup Emergency Operations Center on a 24/7 basis and at any time without notice in the event of an emergency and until termination of the emergency event, and as a public meeting space up to twenty (20) hours per calendar week, provided RFA staff is on-site to facilitate such use; and (c) the "213 HAM" closet for storage of ham radios and related equipment. iii. Station 53: City of Tukwila shall sell to the RFA for $1 and shall retain an automatic reversionary interest in the event this station is no longer used to deploy RFA response units. iv. Station 54: City of Tukwila shall retain ownership of the real property on which Station 54 is located and shall lease Station 54 to the RFA for a 15 -year term at the rate of $1 per year. As conditions of the lease, the RFA shall assume 100% of the maintenance costs and shall use Station 54 to deploy RFA response units. Before the end of year 10 (December 31, 2034), either Tukwila or the RFA shall provide notice to the other party, indicating whether the lease will expire December 31, 2039, or be renewed for an additional term subject to conditions to be mutually negotiated by the parties. 2. Transfers of Personal Property. a. The City of Tukwila transferred its fire department related personal property to the RFA by separate interlocal agreement and no additional transfers of City personal property are required. D. Liabilities: 1. On the date of formation, the RFA shall assume the following liabilities of the City of Tukwila. a. Routine, regular maintenance, major repairs, capital improvements, and utilities costs consistent with Section 5 of the separate interlocal agreement. 2. The City of Tukwila shall retain the following liabilities: a. The City of Tukwila will keep the liability for retired and active LEOFF 1 Tukwila Fire Department FTE's to include medical and long term care insurance payments and any other expenses incurred by the Tukwila Fire Department LEOFF 1 personnel in accordance with the City of Tukwila LEOFF 1 Policies and Procedures consistent with Section 6.4 of the separate interlocal agreement. b. The City of Tukwila shall remain responsible for all outstanding debt related to the construction and improvement of Fire Stations 51 and 52 transferred under Section 7.C.1.a.i and ii of this Plan. c. The City retains the obligations established in the City of Tukwila and IAFF Local 2088 Collective Bargaining Agreement (CBA) Memorandum of Understanding (MOU) concerning the Retirement Management Plan (RMP) for participants that retired prior to January 1, 2023, consistent with Section 6.5 and Exhibit K of the separate interlocal agreement. d. The City shall indemnify, defend, and hold the RFA harmless from any and all demands, claims, or actions by former City Personnel, which arise out of, or ( 19 ) 161 162 relate to, the City Personnel's employment prior to January 1, 2023, consistent with Section 6.6 of the separate interlocal agreement. RFA Plan Revision: Subject to any statutory requirements for voter approval, the FUNDING section of the Puget Sound RFA Plan, including the benefit charge funding formula and methodology, is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 20 ) PUGET SOUND REGIONAL FIRE AUTHORITY (RFA) PLAN Section 8: Fire Prevention, Public Education Services, Emergency Management and Fire Investigation Unit Adopted: 11-04-09 Revised: 01-01-24 A. Reference: 1. The authority for the RFA to establish and provide Fire Prevention, Public Education, Emergency Management and Fire Investigation components is provided in RCW 52.26.040, RCW 52.26.090(2), RCW 52.12.031 (3), (6) and (7) and chapter 39.34 RCW. B. Activity/Operation: 1. SERVICE PROVIDERS FOLLOWING 2023 RFA PLAN EFFECTIVE DATE: 1.1. FIRE PREVENTION SERVICES a. On the effective date of the 2023 RFA Plan, Fire Prevention Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Fire Prevention Services to the City of Kent pursuant to an interlocal agreement. (ii). Within the City of Covington. The RFA will provide Fire Prevention Services to the City of Covington pursuant to an interlocal agreement. (iii). Within the City Tukwila. The RFA will provide Fire Prevention Services to the City of Tukwila pursuant to an interlocal agreement. (iv). Within unincorporated King County. King County shall provide Fire Prevention Services, unless the RFA enters into an interlocal with King County to provide such services. (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. ( 21 ) 163 1.2. FIRE INVESTIGATION SERVICES: a. On the effective date of the 2023 RFA Plan, Fire Investigation Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Fire Investigation Services to the City of Kent pursuant to an interlocal agreement. (ii). Within the City of Covington. The RFA will provide Fire Investigation Services to the City of Covington pursuant to an interlocal agreement. (iii). Within the City Tukwila. The RFA will provide Fire Investigation Services to the City of Tukwila pursuant to an interlocal agreement. (iv). Within unincorporated King County. King County shall provide Fire Investigation Services unless the RFA enters into an interlocal with King County to provide such services. (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 1.3. EMERGENCY MANAGEMENT SERVICES. a. On the effective date of the 2023 RFA Plan, Emergency Management Services within the boundaries of the RFA shall be provided as follows: Within the City Kent. The RFA will provide Emergency Management Services to the City of Kent pursuant to an inter -local agreement. (ii). Within the City of Covington. Covington shall remain the provider of Emergency Management Services. (iii). Within the City Tukwila. Tukwila shall remain the provider of Emergency Management Services. (iv). Within unincorporated King County. King County shall remain the provider of Emergency Management Services. (v). The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 1.4. PUBLIC EDUCATION SERVICES. a. On the effective date of the creation of the RFA, the RFA shall provide Public Education Services throughout the jurisdiction of the RFA. 164 ( 22 b. The RFA may contract to provide such services to Contractual Jurisdictions and other entities as determined by the Governing Board. 2. PROVISION OF SERVICES. a. The RFA Fire Prevention and Emergency Management Divisions shall be organized as provided in Appendix B of this RFA Plan. b. The City of Kent shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Kent. c. The City of Covington shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Covington. d. The City of Tukwila shall designate the Chief and Fire Marshal of the RFA as the Chief and Fire Marshal of the City of Tukwila. e. The City of Kent, the City of Covington and the City of Tukwila shall retain code enforcement authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the interlocal agreements, shall provide the necessary legal and police support for enforcement of code enforcement issues. f. The City of Kent, the City of Covington and the City of Tukwila shall retain fire investigation authority in accordance with Washington State Law within their respective jurisdictions and, except as provided in the interlocal agreements, shall provide the necessary legal and police support for enforcement of fire investigation issues. g• The City of Kent, the City of Covington and the City of Tukwila shall retain emergency management authority in accordance with Washington State Law and, except as provided in the interlocal agreements, shall provide legal and police support as needed to provide emergency management services. RFA Plan Revision: The FIRE PREVENTION, EMERGENCY MANAGEMENT, PUBLIC EDUCATION AND FIRE INVESTIGATION UNIT section of the Puget Sound RFA Plan is subject to amendment by a majority vote of the RFA Governance Board after the Effective Date. ( 33 1 165 inreprtty. • psr S"ation nnouauon. pSF 'Service Area incl union Service. APPENDIX A Jurisdictional Boundaries PUGET SOUND REGIONAL FIRE AUTHORITY Service Area Unir fCQ4!pQrrlied CQUnl y' Maple Valley** Fd �F u 14 2 Miles r r 166 GWrs R. vat's. Lam 63 Kevtem rmCRO NLS . South King County Fire Training Consortium • APPENDIX B Organizational Structure RFA Organizational Chart Overview Updated: 0310612023 Aaron Tyennan CRR Deputy Chief • • Emergency Management • Fire Prevention • Public Education • Community Relations • FD CARES Brian Carson Fire Chief Mark Jones Fleet/Facilities Deputy Chief • Facilities • Fire Garage Consortium (. Executive Assistant ) Dan Conroy Assistant Chief of Operations Sean Penwell Strategic Resource Management Deputy Chief • Information Technology • Logistics • Performance Measurement Lavina Brennecke Finance Diredar . Finance Pat Ellis Crisis Intervention Coordinator/Chaplain . Assistant and Volunteer Chaplains District Chief A Shift Battalion Chief A Shift (3) ICaptains (20) Engineers/ Frefrghters (48) District Chief D Shift Battalion Chief B Shift (3) Captains (20) Engineers! Firefighters (48) District Chief C Shift Battalion Chief C Shift (3) Captains (20) Engineers! Firefighters (48) District Chief D Shift Battalion Chief D Shift (3) Captains (20) Engineers/ Firefighters (48) Jimmy Webb Training Division Deputy Chief Ken Goll Investigations Captain (• Fire Investigators 25 ) 167 168 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CALLING FOR KING COUNTY ELECTIONS TO PLACE A PROPOSITION ON THE PRIMARY ELECTION BALLOT ON AUGUST 1, 2023, CONCERNING ANNEXATION OF THE CITY OF TUKWILA INTO THE PUGET SOUND REGIONAL FIRE AUTHORITY TO MAINTAIN CURRENT FIRE AND EMS SERVICE LEVELS. WHEREAS, the City has a long history of providing professional and responsive fire and emergency medical services ("EMS") since the Tukwila Fire Department was formed in 1969; and WHEREAS, the City desires to continue providing sustainable fire and EMS services and has explored available options for fire and EMS services since 2010; and WHEREAS, the City Council in October 2021, appointed the "Future of Fire/EMS Community Advisory Committee" and tasked it with recommending how fire/EMS services should be provided in Tukwila in the future; and WHEREAS, in May 2022, the Future of Fire/EMS Community Advisory Committee submitted its final report and recommended annexation into the Puget Sound Regional Fire Authority ("PSRFA"), or a short-term contract that would lead to annexation, due to the sustainability of funding, quality of services, and total costs to residents and businesses; and WHEREAS, the City Council in June 2022, reviewed the final report from the Advisory Committee, agreed on the recommendations, and directed staff to enter into contract negotiations for a short-term contract that would lead to annexation with the PSRFA; and WHEREAS, the City Council in October 2022, approved an Interlocal Agreement with PSRFA beginning in January 2023 that would lead to annexation and included enhanced services for the Tukwila Community; and WHEREAS, the City Council in November 2022, adopted the 2023-2024 biennial budget that included direction to initiate a long-term fiscal sustainability planning effort, including an advisory committee of residents and stakeholders to be completed by the Second Quarter of 2024 to provide long-term fiscal solutions to inform the 2025-2026 biennial budget; and CC:\Legislative Development\Annexation to PSRFA for ballot 3-29-23 Kari Sand: Review by Andy Youn Page 1 of 3 169 WHEREAS, RCW 52.26.300 sets forth the procedure for elections concerning the annexation of a city into a regional fire protection service authority; and WHEREAS, on December 5, 2022, the Tukwila City Council adopted Resolution No. 2060, expressing intent to annex into PSRFA subject to voter approval consistent with the provisions of RCW 52.26.300(3); and WHEREAS, the City Council appointed two of its members to serve on the Annexation Plan Oversight Committee which worked from January to March 2023 to create an Annexation Plan that met the needs of both the City and the PSRFA; and WHEREAS, on April 5, 2023, the Governing Board of PSRFA adopted Resolution No. 196, amending its Regional Fire Authority ("RFA") Plan to provide for the annexation of the City of Tukwila into the RFA subject to the approval by the voters of the City of Tukwila pursuant to RCW 52.26.300(3); and WHEREAS, the Tukwila City Council finds that it benefits the public health and safety and it is in the City's best interest to approve annexation of the City of Tukwila to be part of the PSRFA, effective January 1, 2024, and approve the RFA Plan amendments as required by RCW 52.26.300(3); and WHEREAS, notification of intent to annex is being transmitted to King County Elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to RCW 52.26.300, the City of Tukwila requests that King County Elections place a proposition on the primary election ballot to be held on August 1, 2023, for the voters of the City of Tukwila to approve or reject the annexation of the City of Tukwila to be part of the Puget Sound Regional Fire Authority, effective January 1, 2024, as follows: Name of Jurisdiction: City of Tukwila Proposition Number: Proposition No. 1 Short Title: City of Tukwila Seeks Voter Approval to Annex into the Puget Sound Regional Fire Authority to Maintain Current Fire and EMS Services Ballot Title: Should the City of Tukwila be annexed into and be a part of the Puget Sound Regional Fire Authority to maintain current fire and emergency medical service levels, effective January 1, 2024, per City of Tukwila Council Resolution No. 2070? YES ❑ NO ❑ Section 2. The explanatory statement approved by the City Attorney's Office is attached hereto as Exhibit A. CC:\Legislative Development\Annexation to PSRFA for ballot 3-29-23 Kari Sand: Review by Andy Youn Page 2 of 3 170 Section 3. The City Attorney is authorized to make such minor adjustments to the wording of the ballot measure and/or the explanatory statement as may be recommended by King County Elections, as long as the intent of the ballot proposition remains clear and consistent with the intent of this Resolution as approved by the City Council. Section 4. The City Clerk or designee is authorized and directed to file a copy of this resolution with the King County Department of Elections no later than 4:30 p.m. on May 12, 2023. Section 5. Pursuant to RCW 29A.32.280, the names of committee members appointed by the City Council to prepare arguments advocating both approval and rejection of the annexation shall be provided to the Director no later than 4:30 p.m. on May 12, 2023. Section 6. This resolution shall take effect and be in force immediately upon its passage. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC Cynthia Delostrinos Johnson City Clerk Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment: Exhibit A, "Explanatory Statement" CC:\Legislative Development\Annexation to PSRFA for ballot 3-29-23 Kari Sand: Review by Andy Youn Page 3 of 3 171 EXHIBIT A — EXPLANATORY STATEMENT Should the City of Tukwila be annexed into and be a part of the Puget Sound Regional Fire Authority, effective January 1, 2024, to maintain current fire and emergency medical service levels per Tukwila City Council Resolution No. 2070? YES NO Tukwila Resolution No. 2070 seeks voter approval to annex the City of Tukwila into the Puget Sound Regional Fire Authority ("PSRFA"). Previously, the City's Fire Department provided fire protection and emergency medical services ("EMS") to the City of Tukwila. On January 1, 2023, PSRFA began providing fire protection and EMS to the City, pursuant to an interlocal agreement. The Tukwila City Council has determined that annexing into, and being a part of, the PSRFA will ensure the long-term sustainability of funding to maintain the current fire protection and EMS service levels. PSRFA currently serves the cities of Kent, Covington, SeaTac, and Maple Valley, as well as unincorporated areas of King County Fire District No. 37 and King County Fire District No. 43. If this annexation is approved, City representatives will be on the Governing Board of the PSRFA, and the PSRFA will continue to provide fire and EMS services to the City. If this annexation is rejected, the City must seek a second annexation vote. If a second annexation vote fails, the City would need to negotiate a new agreement with PSRFA or another agency, or reconstitute the City Fire Department. More information is available at www.pugetsoundfire.org. 172 COUNCIL AGENDA SYNOPSIS 173 Initials ITEM 1V0. Meeting Date Prepared by M�or'.r revieav Council review (1.1..r:‘ 4/17/23 NE 5.B. 4. 190E ITEM INFORMATION STAFF SPONSOR: NANCY EKLUND ORIGINAL AGENDA DATE: 4/17/ 23 AGENDA ITEM TITLE Comprehensive Plan Update - MAKERS Contract Approval CATEGORY ❑ Discussion Meg Date 11 Motion Mtg Date 4/17/23 ❑ Resolution Mtg ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Meg Date Other Mtg Date SPONSOR ❑ Council ❑ Mai?ite ❑ Adnmi Svcs DCD ❑ Finance ❑ Fire ❑ PeER ❑ Police ❑ PIE SPONSOR'S Tukwila received a grant for $125,000 to support the City's work on the 2024-2044 SUMMARY Comprehensive Plan Periodic Update. DCD advertised a Request for Qualifications (RFQ) and selected MAKERS Architecture and Urban Design, LLC, from those firms who submitted proposals. This request is to approve a contract for $125,000 (grant -backed) with MAKERS Architecture and Urban Design, LLC, to complete the Comprehensive Plan work listed in the contract. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance Planning & Community DCA'. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 3/20/23 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONsoR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: WA DEPT OF COMMERCE - GRANT ($125,000) Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/17/23 MTG. DATE ATTACHMENTS 4/17/23 Informational Memo Comp Plan Contract - MAKERS Proposal (A) Comp Plan Contract - MAKERS - Professional Agreement & Scope of Work (B) (updated for 4/17 Regular Meeting) Minutes from the 3/20 Planning and Community Development Committee meeting 173 174 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development Committee FROM: Nora Gierloff, AICP, Community Development Director BY: Nancy Eklund, AICP, Senior Planner CC: Mayor Ekberg DATE: March 13, 2023 SUBJECT: Comprehensive Plan Periodic Update Grant (Commerce) Consultant Selection and Agreement — MAKERS Architecture and Urban Design, LLC ISSUE Approve a grant -funded contract with Makers — Architecture, Planning and Urban Design, LLC, to provide consulting services and complete deliverables in support of the City's Comprehensive Plan Periodic Update for $125,000 in consulting fees. BACKGROUND The City received and Council approved a grant from the Washington Department of Commerce for work preparing the City's Comprehensive Plan Update. This funding supports staff efforts to complete this update, with deliverables including: • A public engagement plan and summary of feedback; • development of a draft land use background report and element, in coordination with staff assistance, using existing land use information located throughout the existing Plan, consolidating information located in subarea and center plans, and developing new data and analysis needed to ensure the compliance with state and regional requirements; • developing a draft of amendments to the existing housing background report and housing element for consistency with state and regional requirements; • develop recommendations for amending the Comprehensive Plan and establishing a development process that reflects current requirements regarding Climate Change and Equity; and • preparing development regulations in support of the revised plan policies. Under the agreement with the Department of Commerce, deliverables must be completed by December 31, 2024. Staff selected MAKERS as the consultant on 3/9/23 and is in the process of developing the final scope of work with the consultant. The contract has previously been reviewed and approved by legal staff. The finalized contract and scope of work will be provided for the 4/3/23 Council packet as an attachment. Deliverables associated with this grant will satisfy portions of the requirements of the overall comprehensive plan. A separate grant ("Middle Housing") from the Department of Commerce for $100,000 + $30,000 for community outreach has previously been contracted with MAKERS for other Comprehensive Plan update work (due before 6/30/23). 175 INFORMATIONAL MEMO Comprehensive Plan Periodic Update Grant (Commerce) Consultant Selection/Agreement — MAKERS Architecture and Urban Design, LLC Page 2 ANALYSIS Community Development staff issued a Request for Qualifications (RFQ) on February 27, 2023. Two firms submitted proposals, and the staff selected MAKERS for the project and have been working with them to finalize the scope of work and contract. The contract includes five topic areas in compliance with the Commerce grant, at this time including: public engagement; development of a draft Land Use element based on land use information located in various parts of the existing Plan, augmented by additional information; development of a draft Housing Element that complies with state and regional requirements; proposed amendments to the Plan addressing Climate Change and Equity, developed in coordination with staff; and development of potential amendments to zoning and other development standards. Work will be conducted between April 2023 and December 2024, and complete certain requirements of the overall Comprehensive Plan update. This work would further support other Comprehensive Plan update requirements and overall community engagement efforts. Appendix A provides the firm's response to the City's Request for Qualifications, and the complete Contract and Scope of Work is located in Appendix B (the Scope of Work will not be available until the 4/3/2023 Regular Council meeting packet). FINANCIAL IMPACT The contract agreement will be supported by the $125,000 grant awarded by the Washington Department of Commerce for this work. This grant has no match requirement. Grant Award Department of Commerce Grant $125,000 Required Match $0 Total $125,000 RECOMMENDATION The Planning and Community Development Committee (3/20/23) is being asked to forward this item to the Regular Council Meeting on April 3, 2023. This action will authorize the Mayor to sign the contract agreement for $125,000 between the City of Tukwila and MAKERS to complete a scope of work for the City of Tukwila's Periodic Update of its Comprehensive Plan. ATTACHMENTS Attachment A: MAKERS response to the City of Tukwila' Request for Proposals for Planning Consulting Services, Tukwila Comprehensive Plan - Periodic Update Assistance Attachment B: Proposed Contract for Professional Services (Scope of Services to be added prior to the 4/3/23 City Council Regular Meeting). https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Comp Plan - Contract with MAKERS/Comp Plan Contract - MAKERS Info Memo.docx 176 Tukwila Comprehensive Plan Periodic Update Assistance City of Tukwila March 7, 2023 Prepared by: MAKERS architecture and urban design 500 Union Street, Suite 700 Seattle, WA 98101 With: Leland Consulting Group The Watershed Company MAKERS architecture • planning • urban design 177 Section 1: Introduction MAKERS architecture and urban design LLP (MAKERS) is pleased to submit this statement of qualifications for the Comprehensive Plan Period Update Assistance project. We see this as a tremendous opportunity to help Tukwila engage its diverse community, build relationships and trust, increase housing variety and affordability, and update its Comprehensive Plan to meet State requirements and move toward it's vision for land use, housing, equity, and climate resilience. Ambitious Goals, Short Time Frame That said, this project intends to achieve relatively ambitious goals in a condensed time frame. We propose an experienced team and efficient approach to achieve objectives and meet grant requirements. Our Team Our experienced, knowledgeable team is passionate about housing and inclusive engagement and ready to hit the ground running. MAKERS will lead the effort and oversee community engagement, gap analysis, and the land use and housing elements. We will also ensure equity is infused throughout the work. Leland Consulting Group will provide economic analysis in support of the land use element. The Watershed Company will collaborate with MAKERS and the City to consider climate change throughout the update. Tukwila Comprehensive Plan Update [Team Strengths • Strong project management and efficient approach to achieve objectives • Integration with the Tukwila Middle Housing project • Broad experience developing land use and housing comprehensive plan elements, and integrating climate change and equity into comprehensive planning • Deep understanding of Tukwila and greater South King County context, Department of Commerce grant requirements, and Puget Sound Regional Council tools and resources Compelling visualizations to help increase understanding and build support for comprehensive plan updates. TABLE OF CONTENTS Introduction 1 Team and Key Personnel Experience and Capacity 2 Organizational Approach 10 Appendix A: Resumes 16 Appendix B: References 24 Submitter MAKERS ARCHITECTURE AND URBAN DESIGN LLP 500 Union St., Suite 700, Seattle, WA 98101 Primary Contact Julie Bassuk, 206-602-6195, julieb@makersarch.com Subconsultants LELAND CONSULTING GROUP 1200 6th Ave, Suite 615 Seattle, WA 98101 THE WATERSHED COMPANY 1200 6th Ave, Suite 615 Seattle, WA 98101 Section 1: Introduction aN Tukwila Comprehensive Plan Update Section 2: Team and Key Personnel Experience and Capacity Major Team Members, Firm List, Services Provided, and Years of Experience MAKERS MAKERS architecture and urban design, LLP (MAKERS) is an award-winning architectural, urban design, and planning firm providing services to clients throughout the Pacific Northwest and the United States. Founded in 1972, our 34 -person firm provides a multidisciplinary approach that resolves complex issues by integrating collaboration, analysis, and feasibility in our work. Most of our work is with repeat clients, which reflects our philosophy of creating standout projects that exceed our clients' expectations. Our plans have proven their effectiveness, as we provide more than just a "pretty picture" and work directly with market experts and stakeholders to ensure our plans are both inspiring and realistic. We pride ourselves on bringing consensus to projects that involve many different stakeholders, both public and private. Leland Consulting Group Leland Consulting Group (LCG) was established in 1989 and has over 34 years of experience providing real estate and urban planning services to public and private sector clients across the United States. They provide deep expertise in the strategic, market, financial, and economic elements that make projects possible and successful. They recognize that special and economically viable places result not just from one factor, but from the combination of quality design, supportive markets, developer capacity, and financial strength. LCG is currently working on comprehensive planning and housing action plan projects for Port Orchard, Lynnwood, Arlington, and Auburn, and will soon begin work on comprehensive plan updates for SeaTac, Woodinville, and Mill Creek. The Watershed Company The Watershed Company has earned a reputation as one of the leading specialty environmental firms in the Pacific Northwest with over four decades of experience in helping communities understand their environments and reach sustainable development solutions. Watershed has been serving public sector clients in the politically charged area of Growth Management Act and Shoreline Management Act compliance since 2001, successfully helping over 80 jurisdictions engage their communities to create practical and science -based regulations and updates. Organizational Structure City of Tukwila MAKERS Julie Bassuk, AICP Partner -in -Charge Ian Crozier, AICP Project Manager Markus Johnson Planning Support Leland Consulting Group Chris Zahas, AICP Economic/Housing Analysis Lead Jennifer M. Shuch Urban Development Analyst The Watershed Company Nell Lund, PWS Environmental Lead Mark Daniel, AICP Climate Change and Equity Specialist Section 2: Team and Key Personnel Experience and Capacity 2 J MAKERS' Similar Project Experience ABERDEEN COMPREHENSIVE PLAN ABERDEEN, WA MAKERS led a major update to the City of Aberdeen's Comprehensive Plan, which guides overall city growth and development, with the goals of revitalizing the city's historic downtown, building resiliency, and improving access to housing. Our team worked with community members to center the plan around principles of a unique Aberdeen identity, economic prosperity, human health, environmental health, equity, and resilience, as well as a renewed focus on walkable neighborhood centers. We designed the final product to be an attractive, accessible document that staff and residents will find easy to use for years to come. Outcomes City Council adopted the Comprehensive Plan in 2022 Focused energy on downtown revitalization and housing expansion • Clarified a neighborhood centers and corridor concept as a guide for land uses and City investment • Re -envisioned land use designations for greater housing variety, options, and affordability Introduced a new streets classification system Facilitated difficult community conversations on tsunami and cargo risks to human health 1,000 200 000 3,0 4,000 k II ! I' i 11d 0(2 3!d 1 rm (5 min. (70 min. walk) walk) Neighborhood centers Regional oommercial censers Employment centers Districts Hirrorie districts Vehicle priority Streams - Rail corridor Waterbodles - Trails and major bike routes Streets Oen space and E 7 CAY boundary green corridors Tukwila Comprehensive Plan Update MAKERS architecture • planning • urban design r3Client Contact Lisa Scott Community Dev. Director City of Aberdeen 60-537-3238 Iscott@aberdeenwa.gov Project Dates 2021 Team Ian, Julie Similar Elements • Public and stakeholder outreach, including development of engagement materials and tools • Housing access/affordability • Climate change adaptation • Equity infused throughout ABERDEEN COMPREHENSIVE PLAN Section 2: Team and Key Personnel Experience and Capacity 3 J J Tukwila Comprehensive Plan Update BURIEN NEIGHBORHOOD, HOUSING, AND TRANSIT -ORIENTED PLANS BURIEN, WA MAKERS is working in close partnership with the City of Burien, community partners, and an interdisciplinary consultant team to draft community plans for the Ambaum and Boulevard Park neighborhoods. These geographically distinct areas share assets and challenges, including a rich demographic diversity, exposure to noise and air pollution, and disinvestment in buildings and infrastructure. The effort seeks to elevate the voices of communities typically underrepresented in planning processes, with robust participation from an advisory committee formed of community leaders, advocates, and experts, rich multi-lingual engagement with local businesses and organizations, and in-person engagement events designed for easy access during people's day-to-day lives. Creative engagement in Burien at pop-up events in hair salons and grocery stores SEATAC HOUSING ACTION PLAN SEATAC, WA MAKERS led SeaTac's Housing Action Plan effort to address significant housing challenges and plan for SeaTac's current and future populations. Rising housing costs have made SeaTac unaffordable to its homegrown young adults, displaced renters, and locked aging homeowners in place. MAKERS led and advised City staff on robust public engagement that prioritized the voices of marginalized populations in this majority -non-white city, while providing opportunities for all residents to share their experiences. Residents, developers, builders, and non -profits informed the 12 strategies to increase housing affordability and variety. MAKERS worked closely with City staff to understand sensitive political issues and tackle achievable strategies. By focusing on values (e.g., housing/neighborhood design for sociability and privacy, livability for working class people), the team was able to develop urban center and design strategies that everyone could support. MAKERS identified particularly impactful and achievable code update actions. Client Contact City of Burien Susan McLain, Community Development Director 206-248-5501 susanm@burienwa.gov Project Dates 2021 -ongoing Team Ian, Markus, Julie Similar Elements • Inclusive engagement around infill housing, affordability, and displacement • Deep experience in a South King County neighborhood that shares assets and challenges with Tukwila • Resourced and elevated BIPOC and traditionally underrepresented voices Client Contact City of SeaTac Katy Kaehny Principal Planner 206-973-4834 kkaehny@seatacwa.gov Project Dates 2021 Team Ian Similar Elements • Development of engagement materials and tools • Housing access/affordability • Equity infused throughout • Updates to development code Section 2: Team and Key Personnel Experience and Capacity 4 J Subconsultant Similar Project Experience LCG HOUSING, COMPREHENSIVE, AND SUBAREA PLANS PORT ORCHARD, WA LCG, as part of a multidisciplinary team led by MAKERS, is leading the market and economic analysis elements of Port Orchard's Housing Action Plan, providing a detailed market analysis of housing conditions in Kitsap County, supplemented with developer interviews to gather insights into market conditions and barriers to development for the full spectrum of housing needed in Port Orchard. The city has experienced rapid housing price escalation over the past few years and has an urgent need to supply a wider range of housing types to match growth and the incomes of its residents. LCG recently started work on Port Orchard's Comprehensive and Subarea Plans, as part of a different multidisciplinary team that includes MAKERS, which will expand upon the housing research to include strategies for economic development in several key growth centers in the city. LCG COMPREHENSIVE PLAN FRAMEWORK AND DOWNTOWN PLAN UPDATE AUBURN, WA LCG is leading analysis, population and employment forecasting, and strategic real estate advisory services for Auburn's Comprehensive Plan and Downtown Plan Update. For the Comprehensive Plan, LCG is first ensuring that all parties involved in the planning process have the most accurate information possible about the current number of residents and employees in the City, and also about future projections made by PSRC, the State, Counties, and others. LCG is also conducting a market analysis for the City's downtown. LCG will be focusing on how downtown can continue to move forward, by encouraging more active ground floor commercial uses, adding affordable housing, redeveloping remaining large -format commercial properties, managing a perceived parking under -supply, and addressing other issues. WATERSHED COUPEVILLE COMPREHENSIVE PLAN UPDATE COUPEVILLE, WA The Watershed Company, as a sub to MAKERS, is assisting with an update of the Town of Coupeville's comprehensive plan. In consideration of the community's vision, Watershed is working with the Town to produce a rewrite of the plan's Natural Systems Element, including goals, policies and supporting content. Watershed is also helping the Town with its overall framework for integrating climate change into the plan and preparing related plan content. Tukwila Comprehensive Plan Update (Client Contact City of Port Orchard James Fisk, AICP, Senior Planner (360) 874-5533 jfisk@portorchardwa.gov Project Dates 2022 -Ongoing Similar Elements • Housing needs analysis • Population and employment forecasting • Market analysis Client Contact City of Auburn Josh Steiner, Senior Planner 253-804-5064 jsteiner@auburnwa.gov Project Dates 2022 -Ongoing Similar Elements • Population, land use, and housing projections • Market analysis of current and future housing, commercial, and employment development Client Contact City of Coupeville Donna Keeler Planning Director (306) 678-4461 ext. 103, planner@townofcoupeville.org Project Dates 2021 -Ongoing Similar Elements • Update of Natural Systems Element of comprehensive plan • Framework for integrating climate change into plan Section 2: Team and Key Personnel Experience and Capacity 5 MAKERS' Key Personnel Ian Crozier, AICP Ian Crozier brings relentless curiosity, creative thinking, and a commitment to quality work to his projects. Skilled in research, writing, analysis, and public engagement, he strives to empower communities to approach complex issues by clearly conveying trade-offs and focusing on solutions. Ian has been deeply involved in MAKERS' housing work. He sees housing as a critical planning issue and has lead efforts to pursue Department of Commerce -funded projects that expand housing capacity. Prior to joining MAKERS, Ian completed degree programs in international affairs and urban planning and served as a Peace Corps volunteer in Paraguay. While studying urban planning at the University of Washington, Ian traveled to Copenhagen, Denmark, to study multifamily housing types in a city famous for its quality of life. Ian will manage this project and ensure delivery of high quality products within schedule and budget. RELEVANT EXPERIENCE • Comprehensive Plan, Aberdeen, WA Ian led drafting of the Land Use and Housing elements of and helped facilitate engagement for the Aberdeen Comprehensive Plan. He helped craft a suite of strategies to encourage incremental housing growth, protect existing affordability, support home ownership, and catalyze development in promising former industrial sites to address increasing challenges around housing affordability. • Housing Action Plan, SeaTac, WA Ian managed this project with strategic advice from Rachel Miller. When MAKERS' engagement strategy differed from what the city had envisioned, Ian and the team pivoted to a forum comprised of residents and developers that maintained a focus on equity. Ian facilitated meetings, interviewed stakeholders, analyzed housing and demographic data, and developed plan content. The revised engagement strategy helped the team capture diverse voices and viewpoints while remaining within the project budget and timeline. • Neighborhood, Housing, & Transit -Oriented Plans, Burien, WA Originally two subarea plans, Ian helped coordinate efforts to expand and align with the state grants for missing middle housing. He also created accessible engagement materials and facilitation, including Spanish translation at every event. • Housing Action Plan, Federal Way Ian conducted key interviews with developers about code barriers and feasibility challenges to the development of middle housing in South King County. Tukwila Comprehensive Plan Update Project Manager Availability: 30% (Ian's Key Project Management Tactics Communicating frequently to proactively address issues. • Focusing analysis at the appropriate level to support decision- making. • Building support for conclusions by planning multiple touch -points with key staff, to hear perspectives, vet ideas, and refine recommendations if appropriate. Scheduling key meetings far in advance and ensuring each meeting is collaborative and productive. Scheduling adequate time for editing, quality control, and response to feedback. J Section 2: Team and Key Personnel Experience and Capacity 6 J Julie Bassuk, AICP A partner at MAKERS, Julie is a strong leader and communicator who is known for her sensitivity to client needs, attention to detail, and carefully reasoned conclusions. Julie is a certified planner with a real estate background and 25 years of experience successfully leading complex plans supported by inclusive community engagement. Julie has overseen similar efforts in SeaTac and Burien and developed a process to engage numerous CBOs and community partners on behalf of Seattle Public Utilities' Shape Our Water. Julie has a straightforward, fun leadership style that empowers teams and helps projects succeed. She will oversee the effort, lead community engagement, and support Ian to ensure successful outcomes. RELEVANT EXPERIENCE • Neighborhood, Housing, and Transit Oriented Development Plans, Burien, WA • Comprehensive Plan, Aberdeen, WA • Seattle Public Utilities Shape Our Water Engagement, Seattle, WA Markus Johnson Markus will coordinate community engagement and support housing analysis and code recommendation development. He is passionate about creating environments and spaces that allow people to live and thrive and has contributed to community engagement and housing analysis supporting MAKERS' plans in Burien, Tacoma, Port Orchard, and Seattle. RELEVANT PROJECT EXPERIENCE • Neighborhood, Housing, and Transit Oriented Development Plans, Burien, WA • Housing Action Plan, Port Orchard, WA • Comprehensive Plan EIS, Seattle, WA Tukwila Comprehensive Plan Update V Partner -in -Charge Availability: 15% Planning Support Availability: 25% Washington State Housing Action Plans MAKERS led or supported six housing action plans in Washington cities to improve housing affordability and supply and prevent displacement of vulnerable populations. These plans included substantial outreach to stakeholder groups including renters, homeowners, builders, and BIPOC communities. Each plan included a suite of strategies to achieve community supported goals for housing and was adopted by local city councils prior to the state -enforced summer 2021 deadline. These plans drew upon the state Housing Action Plan Guidance, which we helped to produce. Section 2: Team and Key Personnel Experience and Capacity 7 Leland Consulting Group Key Personnel Chris Zahas, AICP Chris is a real estate strategist and project manager with an emphasis on urban corridors, downtown revitalization, employment districts, transit -oriented development, and public-private partnerships. He assists clients in turning broad visions into achievable action plans by combining market and economic research with strategic advice that is tied to the fundamental principles of real estate development. In over 22 years at Leland Consulting Group, he has managed more than 35 downtown and corridor implementation strategies. He brings a deep understanding of economic and demographic trends, ensuring that long-term strategies reflect the evolving drivers of how businesses choose to locate and where people choose to live. RELEVANT PROJECT EXPERIENCE • Comprehensive Plan Update, Port Orchard, WA • Comprehensive Plan Update, Aberdeen, WA • Housing Action Plan, Port Orchard, WA • Comprehensive Plan Update, Arlington, WA Jennifer Shuch Jennifer Shuch is a data -driven, equity -focused planner who strives to understand urban environments from the perspective and needs of a wide variety of users. Jennifer is experienced in market analysis using a combination of quantitative and qualitative data. She combines clearly written assessments with data visualizations and has experience with statistical tools including R -Studio and GeoDa. She holds a Master of Urban Planning from the University of Southern California and has written articles, blog posts, and white papers on local housing policies. RELEVANT PROJECT EXPERIENCE • Regional Growth Center Strategy, Lynnwood, WA • Capital Mall Triangle Subarea Plan, Olympia, WA • Neighborhood Centers Strategy, Olympia, WA Tukwila Comprehensive Plan Update Economic/Housing Analysis Lead Availability: 1 5% Urban Development Analyst Availability: 30% Section 2: Team and Key Personnel Experience and Capacity 8 Watershed Company Key Personnel Nell Lund, PWS Nell is an exceptional field biologist and project manager with over a decade of experience in critical areas assessment. She effectively conducts assessments and guides staff through project tasks, such as wetland evaluation, delineation, mitigation planning, and environmental permitting. Nell frequently works with The Watershed Company's planning department in support of policy planning efforts, providing field assessment and documentation to verify report findings and demonstrate environmental consequences of proposed changes. RELEVANT PROJECT EXPERIENCE • Redmond 2050 Comprehensive Plan, Periodic Review SEPA Analysis & Documentation, Redmond, WA • Comprehensive Plan Periodic Update, Covington, WA • Comprehensive Plan Update, Burien, WA Mark Daniel, AICP Mark has worked on a broad array of long-range and current planning projects. His long-range planning experience includes shoreline master program updates, critical areas ordinance updates, comprehensive plan updates, urban design guidelines, and master plans. His current planning experience includes project permitting, SEPA/NEPA compliance, and development application review for local government jurisdictions. RELEVANT PROJECT EXPERIENCE • Shoreline Master Program (SMP) Periodic Review, Langley, WA • Comprehensive Plan Periodic Update, Covington, WA • Comprehensive Plan Periodic Update, Walla Walla, WA • Comprehensive Plan Periodic Update, Coupeville, WA DBE/WMBE MAKERS prioritizes strengthening the capabilities, experience, and competitiveness of historically underrepresented, women - owned, minority-owned, and emerging small businesses in all the communities where we work. Our business practices have been shaped by our own perspective as a small women -owned business. We look for opportunities to invite local community groups, innovators, and grassroots organizers from underrepresented communities to work in partnership on projects. Through our work we prioritize engaging and supporting Black, Indigenous, and People of Color (BIPOC) professionals, Community Based Organizations, BIPOC community members, and suppliers. Tukwila Comprehensive Plan Update Environmental Lead Availability: 25% Climate Change and Equity Specialist Availability: 30% MAKERS is certified with the state of Washington as a disadvantaged business enterprise (DBE #D2F0022439) and a women business enterprise (WBE #W2F0022439). Section 2: Team and Key Personnel Experience and Capacity 9 Tukwila Comprehensive Plan Update Section 3: Organizational Approach Comprehensive Planning Expertise Our team's work on Tukwila's missing middle project and multiple comprehensive plans in the current update cycle will allow us to hit the ground running. Tukwila will benefit from our comprehensive planning expertise as well as our current work implementing the most recent Growth Management Act (GMA) requirements. Our MAKERS colleague Scott Bonjukian will also keep us informed regarding emerging potential changes through his role on Washington APA's Legislative Committee. While the City's project resources are relatively modest, our skills, local familiarity, experience, and approach will efficiently update the City's vision and create a user-friendly comprehensive plan to guide the community's future. Below are some keys to the project's success. Address current challenges and opportunities In order to effectively move forward on the vision, goals, policies, and key implementation measures, we'll need a coordinated assessment of Tukwila's evolving context - notably, what changes have occurred in the past few years (since the 2015 major update). The need to update the housing element and draft a land use element that incorporate state -led efforts to promote housing access and affordability, including housing targets by income level, will likely drive much of the update process, as will the need to infuse equity and climate considerations throughout the plan. Collaborative teamwork and efficient use of resources Our approach is to work collaboratively with staff and the community every step of the way. We recommend setting up monthly project team meetings to coordinate, with additional check -ins around key milestones. Given the limited time available for the Plan update, and the community's familiarity with the existing plan, updates will be fit within the existing plan structure, except for where consolidations of elements is proposed. The Comprehensive Plan, Middle Housing, and Transportation Plan projects can limit engagement fatigue by coordinating efforts and building from prior planning efforts. Communication with the Planning Commission and City Council Engaging the Planning Commission and City Council will be an important part of updating the Comprehensive Plan. Joint City Council and Planning Commission meetings can be an efficient way to keep both groups in the loop at key milestones. Later, the Planning Commission is often the most effective group to collaborate with in developing and refining goals and policies. Targeted consultant briefings and frequent staff updates are essential to keep these boards informed and proactively address comments or concerns along the way. Clear and effective graphic communication Clearly communicating key challenges, trends, and opportunities to decision -makers, stakeholders, and community members helps them understand potential plan implications. This may include conveying land use, housing, and issues related to equity and climate change through graphics or maps. Section 3: Organizational Approach I �J Work Plan Task 1 - Checklists and Gap Analysis A. Project kickoff and data request. Host a kickoff meeting to confirm the work program, schedule, roles, and communication protocols. Compile a request for relevant background information, including adopted plans, GIS data and maps, and other relevant documents. B. Council/Commission project kickoff. We suggest a kickoff meeting with either the Planning Commission, City Council, or both to introduce the team and ask public officials what aspects of the comprehensive plan update are most important to them. Task 2 - Public Outreach A. Community engagement program. MAKERS will prepare a broad and inclusive engagement program that builds upon on-going engagement related to the missing middle housing project and emphasizes reaching marginalized communities. Given budget constraints, the plan will identify priorities and opportunities to collaborate with staff or community representatives to expand the reach. • Community liaisons. We recommend building on the partnership with community-based organizations (CBOs) to be established through Tukwila's missing middle housing work. This is one of the most effective ways to reach marginalized communities, which will be critical given Tukwila's diversity and large immigrant population. • Interviews with key stakeholders. This task budgets up to six remote video interviews to include City Councilors, Planning Commissioners, or community stakeholders that can convey context around current issues, opportunities, and priorities in Tukwila. • Project website and interactive online engagement tools. This will allow people to participate in plan development at their own time and pace and be a great platform to acknowledge all related planning efforts. Road show. Meeting the community and stakeholders where they are can often be more effective in reaching a broad audience than offering traditional "town hall" style meetings. The road show would be a presentation that City staff and/or consultants take to pre-existing gatherings of community groups or other public agencies. • Major public meetings and workshops. We are assuming three major meetings will be conducted at key project milestones. Tukwila Comprehensive Plan Update Comment on key areas of the project. 0 issues or Concerns Promising View the discussion Al 10 hum10 hoursago Al the peescr t td1 pierk lg Ch Iv. I The Columbia Gardens Urban Wine and Artisan Village has been promoted as a great place for wine Castings and for eating from food trucks. However, there is a major problem! By far the majority of rids to this area for wine tasting Is done on the weekends when the food trucks are NOT OPEN. This is ridicu!ous!V If the Port is going to allow food trucks In this area they MUST be open on the weekends or leave and allow *view the dis Online tools - such as interactive maps and comment boards - help keep the community engaged and informed Section 3: Organizational Approach 11 Tukwila Comprehensive Plan Update Tasks 3-5 Draft Plan Elements; Infuse Climate Change and Equity A. Initiate updates. Meet with staff to brainstorm key refinements to existing goals and policies. B. Audit plan. Review the Housing and Natural Environment elements, and sections relevant to Land Use in detail and complete a cursory review of the other elements. Evaluate the plan's overall appearance, usability, organization, as well as its goals and policies. C. Draft plan. • Plan organization. MAKERS will coordinate with the City on the reorganization strategy to avoiding duplicative effort and minimize unduly disruptive changes. • Template. MAKERS will coordinate with the City on any updates to the template, with a priority on consistent appearance and smooth workflow. • Land Use element. MAKERS will draft clear, concise goals and policies to work towards Tukwila's desired future. MAKERS and LCG will work together to update land use conditions as well as population, employment, and future land use capacity analysis, resulting in strategic updates to the future land use map. Related work in the housing element to identify racially disparate impacts will likely play a key role in and changes to the land use plan. Another component will be the close examination of the land use categories, which summarize the purpose, principal uses and densities, and implementing zoning for each designation. The updated goals and policies should also integrate community design preferences as well as zone - specific preferences. Writing good goals and policies MAKERS recently collaborated on Washington Department of Commerce' Housing Element Guidebook update and will draft goals and policies aligned with the following: "Goals and policy statements can be very specific if they are intended to describe a future accomplishment, or more general if they are intended to provide direction to later planning efforts and implementation decisions. Communities need to decide how specific they want to be in expressing goals and policies depending on the purpose and desired outcome. Regardless of the degree of specificity, goals and policies need to be clear and accurately describe the intended outcome. Many older comprehensive plans suffer from overlay vague policy language that offer minimal guidance to future decision- making. More specific policies have a greater likelihood to produce results that meet the desired intent." Aberdeen planning commissioners, elected officials, and community members discuss recommendations during a hybrid meeting. saem[a fu maa I I rl M1I � TOO Area Transit C., : Site IL__i Half Mile Radns Quarter Me Radius Land Value per SF tj s25 ° 30 - SO - 5 O $30.35 ®55-10 - $35•ri0 I I ti $10.15 $15-20 $00.25 $40 45 - 545. 50 lbData MAKERS uses data -rich maps to analyze and communicate existing conditions. MAKERS visualizations use an appropriate level of detail for the subject and intended audience. Section 3: Organizational Approach IL Housing Element. MAKERS and LCG will collaboratively prepare the Housing Element update, including needs and characteristics inventory that will meet GMA and Countywide Planning Policy requirements. As part of the inventory, the team will review the capacity for different types of housing in Tukwila and how they relate to the community's needs. The team will draft goals and policies to reflect local housing needs and address the region's growing demand for affordable housing. Key topics we anticipate are housing supply and variety (building on middle housing work), housing affordability, special needs housing, regional collaboration, and monitoring. • Climate Change and Equity. Building on the plan audit (3-5B) the team will suggest key areas for inclusion of policies related to climate change and equity throughout the plan. Watershed will lead policy input related to climate change, as well as any updates to the Natural Environment element. MAKERS will lead policy input on social equity, building on findings from community engagement with marginalized communities. D. Support plan adoption. Consultant team guidance at the adoption phase can help clarify concepts, answer technical questions, and aid in the refinement of goals, policies, and concepts. This will ensure internal consistency, point out implications of various revisions, remind decision -makers about relevant community feedback, and help ensure policy language is specific enough to be useful, but not overly restrictive. Task 6 - Development Regulations For Task 6 the RFP states "prepare and finalize the development regulations associated with proposed amendments to the plan". Code development is a time -intensive process and a quick review of existing code indicates many provisions are outdated or overly restrictive. Given this project's budget and timeline, we recommend focusing efforts to identify where policy revisions imply future code changes and which code provisions might be revised. This will assist staff in future code cleanup efforts, and/or inform the scope of a broader code overhaul. WEST EN 4 IFRY /REEK) 'eRV A Av =.4 F4 SCRMLL . HIpt„1HISTOR C HILL ... t'13"'C1 — COSMOP OLI Tukwila Comprehensive Plan Update Focus on implementation Our team has extensive experience implementing zoning, housing, design regulations, and transportation projects leads to our great emphasis on making comprehensive plans actionable. A major focus of MAKERS' land use element work is to make sure that the land use designations include a clear implementing zone (or in some cases, zones). We also emphasize crafting policies so they guide future zoning code updates, including permitted uses, development intensities, and design parameters. While it's important to give the policies "teeth", it's also important to avoid policies that are written as though they are regulations. HelMelxwtl sewn Re9a14I0611nlef.1 [entre Enaperm rx cent[[. 0s,css I1n1arc6ebine N 1,000 2900 3,000 40000 1 1 1 II F 1 I 0 1/4 1/2 314 1 ml (1wa0 mm Walk) lk] 1• Y.• a.wwrr �. Rhi eeod& TrY,1 and myes NW wets avee me gree. sxrkWa Srce•m• WwwbWlef sums C a Cyt.. This concept map for the Aberdeen Comprehensive Plan identifies neighborhood centers and corridors where development code update recommendations were focused. Section 3: Organizational Approach 13 Project Management MAKERS' proposes a management team appropriately scaled for each project, clearly delineates roles, and prioritizes excellent client service and efficient production. For Tukwila's Comprehensive Plan Update, Ian Crozier and Julie Bassuk will be the management team. Ian will serve as project manager and be the consistent point of contact for internal team and client communication and coordination. Julie will provide strategic guidance and oversight at every stage. Ian will be responsible for scope, schedule, and budget management. This will include real-time budget and schedule monitoring, monthly client calls, and monthly client progress reports. Ian and Julie are committed to proactively identifying and working through any challenges that arise, promptly communicating to address issues, and collaborating to find solutions. Schedule and Budget Control Proactive schedule management and dedicated focus on each project component (engagement, equity and displacement analysis, and code recommendations) will be key to completing this effort within the Commerce -mandated timeframes. Ian will work with the Project Team to schedule key meetings far in advance and ensure every meeting is efficient, collaborative, and productive. High Level Budget Breakdown Our suggested budget breakdown is outlined below. We are happy to refine this estimate if needed to align with the City's priorities and additional grant funding, if awarded. Task Management and Coordination 1 Checklists and Gap Analysis 2 Public Outreach 3-5 Draft Plan Elements; Infuse Climate Change and Equity 6 Development Regulations Subconsultant Fee and Miscellaneous Expenses Total Cost Total $12,500 $8,000 $22,000 $44,000 $8,000 $30,500 $125,000 Tukwila Comprehensive Plan Update Administrative Requirements MAKERS is a women -owned business enterprise and licensed to do business in the state of Washington (see "DBE/WMBE" on page 9). MAKERS understands and will comply with the insurance, billing, and other terms detailed in Section 4 of the RFQ. % of Total Cost Monitoring and Budget Control One of the keys to completing an ambitious project scope within a tight budget will be collaborating to clarify expectations around responsibilities and deliverables during project scoping. Once underway, Ian will be responsible for real-time cost monitoring and budget control. He and Julie will endeavor to proactively identify any potential scope increases and/or cost overruns and will work with the City to find solutions. 10% 6% 18% 35% 6% 24% 100% Section 3: Organizational Approach 14 Quality Control MAKERS' prides ourselves on high-quality deliverables and completes multiple internal reviews before submitting products to the client. Ian will perform the initial review of each deliverable and work with the team to address revisions before delivering. He will draw on the expertise of other staff to review potential code recommendations, and evaluate the accessibility and user friendliness of our deliverables. The key to our success is allowing adequate time for editing, quality control, and response to feedback - we are committed to a robust review process and will work with the City to ensure time for this is incorporated in the work plan. Public Engagement Our team's approach to and methods for engagement with diverse populations and those with barriers to participation are described below. Specific suggestions to explore for this project are included in the "Work Plan" on page 11-13. Culturally Competent Engagement Because engagement with marginalized communities is a key practice area for our firm, we have pioneered methods to partner with and compensate traditionally underserved community members and organizations. We emphasize collaborating with CBOs and community liaisons and developing appropriate materials, such as clear, simple graphics that cross lingual boundaries. For Seattle Public Utilities' Shape Our Water and the Puget Sound Regional Council's Social Equity Technical Support project, we partnered with individuals with deep connections to communities of color and compensated individuals for their engagement work. In Burien, we are currently working with a paid community liaison and are offering stipends to focus group members. Tukwila Comprehensive Plan Update Equity in Engagement Intentional, targeted engagement that elevates underrepresented groups' voices was integral for Seattle's Judkins Park Station Access Study. Rachel worked with Vietnamese, Chinese, and Spanish community liaisons to hear community members on their turf, plug into the right events, and elevate their voices. For instance, she attended a Goodwill employee training and used live interpretation to speak with employees using many other languages. She then led a focus group with deaf, blind, and deafblind Lighthouse for the Blind employees using a tactile map and live interpretation. Attendees at in-person events held at times and locations (library and community center) that easily fit into people's everyday activities tend to better reflect the local population than events requiring a significant time commitment to attend. Community members provide input and share their lived experiences Section 3: Organizational Approach 15 Tukwila Comprehensive Plan Update Appendix A: Resumes of Key Personnel MAKERS IAN CROZIER JULIE BASSUK MARKUS JOHNSON Leland Consulting Group CHRIS ZAHAS JENNIFER SHUCH The Watershed Company NELL LUND MARK DANIEL Appendix A: Resumes of Key Personnel Experience MAKERS, 5 years Education Master of Urban Planning, University of Washington, 2017 Bachelor of Arts, International Affairs, Lewis & Clark College, 2009 Professional American Institute of Certified Planners, 2019, #32157 Teaching Artist, Seattle Architecture Foundation 2017-2020 Peace Corps Volunteer, Paraguay 2011-2013 MAKERS architecture • planning • urban design 194 Associate Planner Ian brings relentless curiosity, creative strategic thinking, and a commitment to quality work to his projects at MAKERS. Skilled in project management, technical writing, analysis, and public engagement, has been deeply involved in MAKERS subarea planning, transit -oriented development, and housing work. He sees housing as one of the critical planning issues facing northwesterners and has helped lead MAKERS' efforts working with cities expand housing capacity and improve affordability. He brings an international perspective from his experience as a Peace Corps volunteer in Paraguay and his research on multi -family housing types in Copenhagen, Denmark, which allows him to tackle planning problems with an open mind and first principles approach. Relevant Qualifications Aberdeen Comprehensive Plan, Aberdeen, WA Ian led drafting of the Land Use and Housing elements of and helped facilitate engagement for the Aberdeen Comprehensive Plan. Undertaken with a lean budget, the project updated Aberdeen's 20 -year-old comprehensive plan. Ian helped craft a suite of strategies to encourage incremental housing growth, protect existing affordability, support home ownership, and catalyze development in promising former industrial sites to address increasing challenges around housing affordability. SeaTac Housing Action Plan, City of SeaTac, WA MAKERS led the development of the SeaTac Housing Action Plan, funded by the Department of Commerce's planning grant program for housing growth. Ian was the lead planner on this project, which involved significant data analysis, stakeholder engagement, and developing strategies that balance achievement of housing goals with would be political feasibility. Housing Action Plan guidance, Washington Department of Commerce Ian assisted in an update the Washington State Department of Commerce guidance for housing -related planning. Ian researched housing strategies and drafted elements for several chapters of the Housing Action Planning guidebook. This work has directly informed MAKERS on-going work on Housing Action Plans for the cities of SeaTac, Everett, Lynnwood, Federal Way, and Puyallup. Canyon Park Subarea Plan, Bothell, WA As lead planner Ian was heavily involved in all phases of this project. Major work items included GIS map preparation, alternatives concept development, preparation for public events and staff charrettes, analysis of job and housing growth under action alternatives, coordination with sub -consultants, graphic production for plan and code work, drafting text for the plan document, and publishing the plan document. Other Project Experience Defense of Density After COVID-19 panel discussion, Seattle Design Festival 2020 Map and epigraph for Viral Murals: Seattle Artists, Storefront Murals, and the Power of Art During Crisis, Chatwin Press, 2020 • HB 1923: New Tools for Washington Cities, Washington APA Conference 2019 • Youth in Force: Engage Now!, Washington APA Conference 2019 • The Lower Duwamish Bike Tour presented by The Urbanist, June 2019 • Metrics for a Lively Urban Form, Washington APA Conference 2017 Experience MAKERS, 22 years Other, 3 years Education Commercial Real Estate Certificate, University of Washington, 2003 Bachelor of Arts, Liberal Arts Honors Program, Urban Studies; University of Texas, 1996 Professional Seattle Design Commission past chair American Institute of Certified Planners Select Awards & Presentations Coconino CountyJLUS Arizona APA Award 2019 Honorable Mention Regional or General or Comprehensive Plan Tempe Facilities Master Plan Arizona APA Award 2019 Honorable Mention Master Plan/Project/Study MAKERS architecture • planning • urban design Partner Julie is a thoughtful communicator who focuses on building great teams and helping them do their best work. A persuasive leader, Julie successfully harnesses others' talents and perspectives to achieve results and deliver high quality products on schedule and budget. She has more than 25 years' experience leading complex planning projects and is known for her sensitivity to client needs, attention to detail, and carefully reasoned conclusions. Julie is an expert facilitator and skilled at guiding productive discussions and effective collaborations. She is particularly adept at distilling complex analysis into clear, succinct recommendations, and her work has won numerous planning awards over the years. Relevant Qualifications Neighborhood and Transit Oriented Development Plans, Burien, WA Julie is leading the development of community plans for the Ambaum and Boulevard Park neighborhoods of Burien. The plans seek to address transit access, pedestrian safety, and housing in both neighborhoods. In addition, the plan for Boulevard Park will address the impacts on the community from SeaTac airport. Comprehensive Plan, Aberdeen, WA Julie led a multidisciplinary team in a major update of Aberdeen's Comprehensive Plan, the City's first update in over 20 years. The team facilitated meetings and workshops with focus groups and the Planning Commission to develop guiding principles, emphasizing social equity and environmental resilience. The resulting principles are infused throughout the plan's goals and policies. Comprehensive Plan Update, SeaTac, WA Julie led MAKERS' update to the City of SeaTac's Comprehensive Plan update. The project included streamlining content, developing new framework policies, and updating implementation strategies. In addition, the team edited multiple sections, including Land Use, Community Design, and Housing and Human Services. The resulting user-friendly plan will guide SeaTac into 2035. South Kincaid Subarea Plan and Design Standards, Mount Vernon, WA Julie led an effort to position the subarea to help absorb the influx of new residents projected to move to Mount Vernon in the coming decades. The plan recommended increased residential density limits that will support the revitalization of downtown and encourage mid -rise multifamily, mixed-use, and live/work developments. Other Project Experience • Auburn Downtown Plan Update and EIS, City of Auburn, WA • Historic Waterfront District Plan, Kennewick, WA • Pacific Hospital Campus Development Plan, Seattle, WA • Transit Oriented Development Plan, City of SeaTac, WA • Downtown Master Plan, City of North Bend, WA • Grade Road Subarea Plan, Lake Stevens, WA 195 Experience MAKERS, 1 year Education Master of Urban Planning, University of Washington, 2022 Master of Science, Environmental Science and Policy, University of South Florida, 2018 Bachelor of Science, Kinesiology, University of Maryland College Park, 2016 Published Projects Community Engagement is Harming Cities: Disrupting Racial Planning for a Planning End of Shared Well-being, June, 2022 Missing Middle Housing is Waiting to Help, June, 2022 Constructed Urban Nature: Introducing More Nature into the City, December, 2018 MAKERS architecture • planning • urban design 196 Markus Johnson Urban Designer/Planner Markus is an urban designer and community planner who is passionate about creating environments and spaces that allow people to live and thrive. He is skilled in research, synthesis, quantitative analysis, and cartography, and has worked at MAKERS since graduating from the University of Washington Master of Urban Planning program in 2022. Prior to joining MAKERS Markus completed degree programs in Kinesiology, Environmental Science, and Urban Planning. While studying urban planning at the University of Washington, Markus worked on housing projects relating to missing middle housing, affordable housing, Seattle building code, and Seattle design review. His belief that abundance and redistribution of quality housing, transportation, and green energy leads to shared well-being, guides him in his planning practice. Relevant Qualifications Seattle's 130th and 145th Station Area Plan EIS, Seattle, WA Markus is supporting work on a station area plan EIS for Seattle's 130th light rail station and 145th bus rapid transit station. He led EIS zoning alternative proposals development and did graphic production of zoning alternatives. Markus also supported the project team and City staff in fielding questions during a public Q&A session. Tacoma Neighborhoods Planning, Tacoma, WA Markus is heavily involved in working with city staff and local participants on developing neighborhood plans for the McKinley Hill and Proctor neighborhoods in Tacoma. Markus led the build out of two Social Pinpoint surveys and an interactive map to provide opportunities for public input. Other major work items include GIS map preparation, graphic production for plans, preparation for public events, and drafting text for plan Port Orchard Housing Action Plan, Port Orchard, WA For Port Orchard's Housing Action Plan, Markus scheduled and conducted a series of stakeholder interviews and initiated a code analysis of Port Orchard's code. In addition, he has created permitted use tables, an impact fee comparison table, and a short-term rental table in the existing conditions report. Black Religiously Owned Affordable Housing, Seattle, WA* While at the University of Washington, Markus worked with the Nehemiah Initiative. The Nehemiah Initiative partners with Black religiously owned ownership in Seattle's Capitol Hill neighborhood to develop a plan for affordable housing development as a way to fight displacement pressures and build more housing for the community. Major work items include review of Seattle's zoning code, passive house research, SketchUp modeling of proposed buildings, review of Seattle's permissive single stair building code, and stakeholder interviews. Chris Zahas, AICP Managing Principal Role: Economic Development/Housing Analysis Lead Availability: 15% Chris Zahas is a real estate strategist and project manager with an emphasis on urban corridors, downtown revitalization, employment districts, transit -oriented development, and public-private partnerships. His project approach is to assist public and private sector clients in turning broad visions into prioritized and achievable action plans by combining market and economic research with strategic advice that is tied to the fundamental principles of real estate development. In all cases, Chris keeps the focus of projects on implementation, always anticipating next steps and never hesitating to advise a client to change directions when that is the best course. In over 22 years at Leland Consulting Group, he has managed more than 35 downtown and corridor implementation strategies and played a strategic advisor role in dozens more. In the economic development realm, he brings a deep understanding of economic and demographic trends, ensuring that long-term strategies reflect the evolving drivers of how businesses choose to locate and where people choose to live. Prior to joining Leland Consulting Group, Chris coordinated economic development projects for the Portland Development Commission, Portland's redevelopment agency. Education • Master of Urban and Regional Planning, Portland State University • Bachelor of Arts, International Affairs, Lewis and Clark College Publications and Public Speaking Experience • Guest lecturer: Portland State University, University of Oregon • Rail—Volution • Western Planners Conference • Urbanism Next • Nevada Chapter of the American Planning Association • Utah Chapter of the American Planning Association • Washington Association of Realtors • Contributing Author: Sustainable and Resilient Communities: A Comprehensive Action Plan for Towns, Cities, and Regions, 2011 Professional Memberships • Urban Land Institute • American Planning Association • American Institute of Certified Planners (#019464) • City Club of Portland I.! LELAND CONSULTING GROUP People Places Prosperity I www.lelandconsultina.com People Places www.lelandconsulting.com Project Experience • Comprehensive Plan Update, Port Orchard, WA • Comprehensive Plan Update, Aberdeen, WA • Housing Action Plan, Port Orchard, WA • Comprehensive Plan Update, Arlington, WA • Housing Action Plan, Anacortes, WA • Downtown Civic Core Vision and Action Plan, Renton, WA • Housing Action Plan, Kettle Falls, WA • Depot District Subarea Plan, Lacey, WA • Tacoma Link Extension Economic Development Analysis, Tacoma, WA • Housing Action Plan, Ritzville, WA • Citywide Housing and Industrial Market Analysis, Sandpoint, ID • Housing Action Plan, Mattawa, WA • Public Land Evaluation for Affordable Housing, Portland, OR • Housing Action Plan, Chewelah, WA • Comprehensive Plan Update, Albuquerque, NM • Tigard Triangle Equitable Urban Renewal Implementation Strategy, Tigard, OR • Kalispel Tribe Master Land Use Plan, Usk, WA • Comprehensive Plan Update, Meridian, ID • Downtown Housing and Revitalization Initiative, Boise, ID 197 Jennifer M. Shuch Urban Development Analyst Role: Economic Development/Housing Analysis Availability: 30% Jennifer Shuch is a data -driven, equity -focused planner who strives to understand urban environments from the perspective and needs of a wide variety of users. She believes that greater inclusivity creates stronger communities and fosters economic growth. Her passion for urban and economic planning stems from her interest in accessibility and universal design as well as her experiences living in a variety of urban, suburban, and rural communities. Jennifer is experienced in market analysis using a combination of quantitative and qualitative data. She combines clearly written assessments with data visualizations and has experience with statistical tools including R -Studio and GeoDa. She has also written articles, blog posts, and white papers on local housing policies and previously wrote, hosted, and edited a podcast focusing on current events in real estate, infrastructure, and transit in the Pacific Northwest. Before joining Leland Consulting Group, Jennifer was the Senior Research Analyst at a Portland -based multifamily real estate brokerage serving Oregon and Washington. She also has professional experience in finance and early childhood education. She is a member of the Urban Land Institute. Education • Master of Urban Planning, University of Southern California • Master of Middle East and Mediterranean Studies, King's College London • Bachelor of Arts, Religion, Haverford College Volunteer Work Neighbors Welcome Equitable Zoning Work Group Member Administrative Lead: Coordinate to assess housing policies, organize with stakeholders, and work with City leaders to promote housing opportunity in Portland, Oregon I.! LELAND CONSULTING GROUP 198 People Places Prosperity I www.lelandconsultina.com People Places www.lelandconsulting.com Project Experience • City Center/Airport District Subarea Plan and Development Code, SeaTac, WA • Regional Growth Center Strategy, Lynnwood, WA • Cornforth-Campbell Property Development, Puyallup, WA • Capital Mall Triangle Subarea Plan, Olympia, WA • Neighborhood Centers Strategy, Olympia, WA • Post-COVID Office Strategy, Multnomah County, OR • Cushman/Adams Substations Future Use Study, Tacoma, WA • Parking Modernization Initiative Phase 2, Salt Lake City, UT • Site Redevelopment Analysis, Salem, OR • State Street Corridor Study, Midvale, UT • North Shore/Bridge Village Subarea Plan, Camas, WA • Waterfront Development Strategy/Business Plan, Ridgefield, WA • Heights District Project, Vancouver, WA • Public Land Evaluation for Affordable Housing, Portland, OR PROFESSIONAL EXPERIENCE 16 years EDUCATION Certificate, Wetland Science and Management, 2006, University of Washington B.S., Biology, 2000, Arizona State University REGISTRATIONS & LICENSES Professional Wetland Scientist (PWS), Society of Wetland Scientists Certification, #2203, 2012, 2017, 2022 Pierce County PALS Wetland Specialist Roster CONTINUING EDUCATION • Washington State Department of Ecology Eastern Washington Wetland Rating System, 2018 • Using the Credit -Debit Method for Estimating Mitigation Needs, Ecology, 2016 • Washington State Department of Ecology Western Washington Wetland Rating System Training, 2014 • Using the Field Indicators for Hydric Soils, USACE Supplement Training, 2011 FHE WATERSHED COWAN Nell Lund, PWS Project Manager I Senior Ecologist Nell is an exceptional field biologist and project manager with over a decade of experience in critical areas assessment. She effectively conducts assessments and guides staff through project tasks, including wetland evaluation, delineation, mitigation planning, and environmental permitting. Nell frequently works with The Watershed Company's planning department in support of policy planning efforts, providing field assessment and documentation to verify report findings and demonstrate environmental consequences of proposed changes. Comprehensive Plan Update, City of Woodinville. As part of an interdisciplinary team of consultants, The Watershed Company worked with the City of Woodinville on a Comprehensive Plan and Municipal Code update. Consistent with the Washington State Growth Management Act and the Endangered Species Act, Watershed prepared an Existing Conditions report and a BAS report. The BAS report is tailored to reflect critical areas present within the Woodinville 2015 Comprehensive Plan Update Study Area. In addition, a Gap Analysis report identified code sections where current BAS can and should be incorporated into critical area regulations. Nell co-authored both the BAS and Gap Analysis reports and presented the report findings to the City Council. To facilitate consideration of likely environmental consequences associated with proposed changes, Watershed also assisted with completion of the SEPA checklist. Redmond 2050 Comprehensive Plan, Periodic Review SEPA Analysis & Documentation, City of Redmond. Watershed was part of an interdisciplinary team of consultants working with the City of Redmond at the direction of Berk Consulting to support the City's Comprehensive Plan periodic review. Consistent with the Washington State Growth Management Act and the Endangered Species Act, Watershed prepared an Existing Conditions report and a BAS addendum to updated the City's previous BAS summary. To support the SEPA review, Watershed prepared Environmental Impact Statement (EIS) sections for plants and animals, water resources, and earth sections. Watershed also met with the project team to discuss and review climate change models as they were developed by Berk Consulting. Watershed contributed to the product of this analysis, the Redmond Climate Vulnerability Risk Assessment and Strategy Report. Comprehensive Plan, City of Covington. Working as a subconsultant, Nell conducted a review of Best Available Science in support of the City's Comprehensive Plan. Through research of the City's existing conditions, GIS mapping, and contemporary scientific literature, Nell's final report provided the prime and City staff provided an updated understanding of the City's critical areas and fish and wildlife habitat to plan regulatory - compliant land use zoning and development activities. Comprehensive Plan Update, City of Burien. The City of Burien updated their comprehensive plan in 2012. The Watershed Company assisted the City with that process by providing a Critical Areas Ordinance gap analysis and a Best Available Science (BAS) review. Nell authored and presented the BAS review to the City Council. Availability: 25% 199 PROFESSIONAL EXPERIENCE 15 years EDUCATION Master of Urban Planning, 2007, University of Washington B.A., Economics/Environmental Studies, 2005, Western Washington University B.A., Kinesiology, 1996, University of Colorado CERTIFICATIONS American Institute of Certified Planners, #025040, 2011 CONTINUING EDUCATION • Navigating SEPA, 2019 • Documenting NEPA Categorical Exclusions, WSDOT, 2017 • Coastal Training Program Washington: How to Administer Development Permits in Washington's Shorelines, 2009 • Planning for Climate Change, 2009 • Puget Sound Coastal Processes and Shoreline Stabilization Measures, 2008 SPECIAL SKILLS • GIS T1 -II WATERSHED .._-�H:,�°; 200 Mark Daniel, AICP Climate Change and Equity Specialist I Senior Planner, GIS Specialist Mark has worked on a broad array of long-range and current planning projects. His long- range planning experience includes shoreline master program updates, critical areas ordinance updates, comprehensive plan updates, urban design guidelines, and master plans. His current planning experience includes project permitting, SEPA/NEPA compliance, and development application review for local government jurisdictions. In performing this work, Mark has worked with a variety of public and private clients and stakeholders, actively participated in numerous public meetings, and successfully managed several projects. Attention to detail, conciseness, and flexibility are hallmarks of Mark's skills. City of Langley Shoreline Master Program (SMP) Periodic Review. Mark was the consultant project manager for the periodic review of Langley's SMP. In addition to completing the mandatory elements required by state law, the City also wanted the SMP update to consider climate change and sea level rise. As a first step, the City put on a virtual community meeting that featured captivating presentations on climate change and sea level rise by Washington Sea Grant, South Whidbey High School students, the Swinomish Tribe and others. Mark presented on the SMP update and its interplay with climate change and sea level rise. After the meeting, the City led the development of a sea level rise strategy to lay the foundation for related amendments to the SMP. The SMP was then amended to include several additional policies and regulations addressing sea level rise. As a result of its efforts on the SMP, the City is in the vanguard of Washington municipalities planning for sea level rise. Comprehensive Plan Periodic Update, City of Covington. Watershed handled environmental aspects of the City's comprehensive plan update. Early in the process, Watershed prepared a review of applicable Best Available Science. Mark then spearheaded an evaluation of the existing Environmental Element of the comprehensive plan. The evaluation included a review of the goals and policies against a checklist distributed by the Washington State Department of Commerce. Based on the evaluation, he then developed content for the updated Environmental Element, including conditions and trends, challenges and opportunities, goals and policies, and an action plan. The updated Environmental Element included content related to climate change. Comprehensive Plan Periodic Update, City of Walla Walla. As a subconsultant to BERK, Mark assisted with the update of the Environment and Natural Resources Element. After auditing the existing element, he prepared a memo suggesting several potential improvements. He later overhauled the element, including adding a variety of new content, including content to climate change and water resource management. Comprehensive Plan Periodic Update, Town of Coupeville. As a subconsultant to MAKERS, Mark is currently assisting the Town of Coupeville with updates to the Natural Systems and Shorelines elements of its comprehensive plan. In the coming months, he will also be reviewing the Town's critical areas regulations to ensure they meet the requirements of current state law. Availability: 30% Appendix B: Client References MAKERS Lisa Scott Director of Community Development City of Aberdeen • Iscott@aberdeenwa.gov f 360-537-3238 Susan McLain Community Development Director, City of Burien • susanm@burienwa.gov 1 206-248-5501 MAKERS and Leland Consulting Group James C. Fisk, AICP Senior Planner City of Port Orchard • jfisk@portorchardwa.gov 3360-874-5533 MAKERS and The Watershed Company Donna Keeler Planning Director City of Coupeville planner@townofcoupeville.org E 306-478-4461 ext. 103 Tukwila Comprehensive Plan Update Appendix B: Client References L4 202 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and MAKERS Architecture and Urban Design, LLP, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform planning analysis and public involvement services in connection with the project titled "Tukwila Comprehensive Plan Periodic Update". 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2024, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $125,000.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 203 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in 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 the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant 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 Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant 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 Amounts and Scope of Insurance. Consultant 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 $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 204 Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 Page 3 205 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner, or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. 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. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. 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. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Julie Bassuk, AICP MAKERS Architecture and Urban Design, LLP 500 Union Street, Suite 700 Seattle, WA 98101 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes 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. CA revised May 2020 206 Page 4 DATED this day of January, 2023. ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** sponsor staff. ** CITY OF TUKWILA Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised May 2020 CONSULTANT: By: Printed Name: Title: Julie Bassuk Partner Page 5 207 208 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 PROJ ECT GOAL This project aims to assist the City of Tukwila (City) in updating the City's Comprehensive Plan for the 2024-2044 planning horizon as required by the Growth Management Act. Work for the periodic update must be adopted by December 31, 2024, however, the Tukwila City Council schedule requires that a near -final draft of the updated Plan be largely completed by early Spring of 2024 and adopted no later than September 2024. The Tukwila Comprehensive Plan is the primary policy document that guides the City's evolution and growth over a 20 -year period. It identifies the desired type, configuration, and intensity of land uses throughout the city, as well as the character and capacity of public facilities and services. This scope centers around providing strategy input and maps to support the new Land Use background report and element, drafting the updated Housing background report and element, and providing input on climate change and equity issues in the Natural Environment element and throughout the Plan. As is feasible within the project timeline and available grant funding, the scope also includes facilitating public engagement, providing GIS mapping outside the Land Use element, and suggesting specific code changes to align with policy revisions as described in Task 6. TASK 1: PROJ ECT MANAGEMENT, C HEC KLISTS, AND GAP ANALYSIS 1.1 PROJ ECT INITIATION, DATA REQUEST, AND MANAGEMENT Coordinate with the City's project team to launch the effort. Clarify project goals, review the work plan and schedule, schedule monthly check -ins, and identify key project participants. Monthly check -ins may include additional City staff, subject -matter experts, or subconsultants as is efficient and appropriate to the agenda focus. Request relevant background information, including existing plans and relevant ongoing updates, GIS data and maps, and other relevant documents. 1.2 C HEC KLISTS AND GAP ANALYSIS Review the Housing and Natural Environment background reports and elements and sections relevant to Land Use in detail and complete a cursory review of the other background reports and elements. Evaluate the existing Plan's overall appearance, usability, organization, as well as its goals and policies. Review the City's work on the Washington Department of Commerce and PSRC checklists. Identify consistency with King County Countywide Planning Policies and Vision 2050 guidance. Identify how the Housing analysis needs to be modified to ensure consistency with current Department of Commerce guidance for analysis. Meet with Staff to review initial findings and brainstorm key refinements to existing goals and policies. MEETINGS • Up to 14 project initiation and monthly check -ins • Gap analysis meeting with select City Staff DELIVERABLES • Monthly check-in agendas and summaries MAKERS architecture and urban design LLP 4/11/2023 10:36 AM 209 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 TASK 2: PUBLIC OUTREAC H 2 1 COMMUNITY ENGAGEMENT PROGRAM MAKERS will prepare a broad and inclusive engagement program that builds upon ongoing engagement related to the missing middle housing project and emphasizes reaching marginalized communities. This effort will start by drafting a public engagement plan which outlines engagement with community-based organizations (CBOs) and the public to support this project and coordinate with the missing middle housing and Transportation Plan projects. The plan will also include communication strategies and roles and responsibilities for the City and consultant team. MAKERS will update the plan to respond to City feedback. Given budget constraints, the plan will identify priorities and opportunities to collaborate with staff or community representatives to expand the reach. Engagement activities are outlined below but will be refined through the engagement plan and limited to what is feasible given the estimated level of effort. • Key stakeholder interviews. Facilitate up to six video interviews to include City Councilors, Planning Commissioners, and/or community stakeholders that can convey context around current issues, opportunities, and priorities. • Road show. Develop up to three presentations at project milestones that City staff, community liaisons, and/or consultants can take to pre-existing gatherings of community groups or other public agencies. • Project website and interactive online engagement tools. Provide Comprehensive Plan related content at initiation and three project milestones for the project website and online engagement hub to be established through the middle housing project. Engagement tools to be used will likely include surveys, idea walls, and an interactive mapping tool. • Support community liaisons. Build on the partnership with community-based organizations (CBOs) to be established through Tukwila's middle housing project. Provide Comprehensive Plan content for liaison use as described in "road show" above. • Public meetings. Host up to three in person meetings to gather community feedback at key project milestones. These will likely be focused on project introduction and focus areas; choices/options for policies, goals, and strategies; and draft policies, goals, and strategies. MEETINGS • Up to six video interviews • Up to three public meetings • Other outreach activities as outlined in the public engagement plan DELIVERABLES • Draft and final engagement plan memo • Up to four draft and final Comprehensive Plan Update content updates for the project online engagement hub • Draft and final engagement findings summary presentation TASK 3: LAND USE ELEMENT 3.1 STRATEGY INPUT AND MAP DEVELOPMENT The City of Tukwila does not have a standalone Land Use element or Land Use background report. Information and analysis required by GMA is located throughout the document in various elements, including MAKERS architecture and urban design LLP 4/11/2023 10:36 AM 210 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 several subarea elements. MAKERS will provide an outline for the Land Use background report and element consistent with Commerce requirements and supportive of the 2044 Plan update. City Staff will consolidate relevant information in the existing plan into the proposed outline of the new Land Use background report and element, with assistance and recommendations from MAKERS. • MAKERS will provide an outline for the Land Use background report and element. • City Staff will identify where Land Use information currently resides as part of Task 1 and compile material for team use. • Leland will analyze the demand for medium- and high-density residential and mixed-use within Tukwila, identify barriers to this development, and collaborate with MAKERS and the City to suggest policies, development code updates, or other changes to remove these barriers. Leland will build on the market feasibility analysis conducted within Tukwila's TOD Housing Action Plan for the TIB Station Area, ongoing Middle Housing analysis, as well as data available in the current Housing background report, subarea plans, or other available information. • MAKERS and Leland will review relevant existing land use information provided by the City and attend a meeting to brainstorm goals, policies, and strategies that meet GMA, PSRC's Vision 2050, and the King County Countywide Planning Policies consistency requirements; and direct growth and development to respond to community feedback. MAKERS will develop the meeting agenda, summarize findings for Leland feedback, and provide these findings and strategy recommendations to the City, for use in developing the Land Use background report and element. MEETINGS • Land Use focused meetings with City staff included in Task 1 DELIVERABLES • Draft and final land use strategy recommendations summary TASK 4: HOUSING ELEMENT 4.1 UPDATE ELEMENT The existing Housing background report and element need to be updated to be consistent with inventory and current policy and regulatory requirements from the Countywide Planning Policies, Department of Commerce, Vision 2050, and to incorporate reasonable measures and potential legislative updates. Analysis used shall be consistent with current guidance from these review bodies. The background report will be streamlined and focus on components necessary to meet requirements and lay the foundation for policies and future development code updates. It will focus on housing targets for different income levels, encouraging infill development, expanding opportunities to increase home ownership, and potential displacement of vulnerable populations. MAKERS will prepare the Housing background report and element update, drawing from the existing element, Leland's Land Use analysis, Transit Oriented Development (TOD) Housing Strategies Plan, and the ongoing middle housing project. • Building from the gap analysis and current Commerce guidance, MAKERS will compile and where feasible within the level of effort, update relevant readily available data related to housing characteristics and gaps related to PSRC, GMA, and Countywide Planning Policy requirements. Additional analysis required will be provided by City staff. MAKERS architecture and urban design LLP 4/11/2023 10:36 AM 211 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 • MAKERS will meet with City staff to brainstorm goals, policies, and strategies to reflect local housing needs, respond to community feedback, current impediments to multifamily housing development, and address the region's growing demand for affordable housing. Topics will likely include increasing housing supply and variety, housing affordability, special needs housing, regional collaboration, and monitoring. • MAKERS will summarize meeting outcomes and provide findings for City feedback. Considering this feedback, MAKERS will develop a working draft the Housing background report and element for City review. • MAKERS will respond to City feedback and issue the Draft Housing background report for review by City staff and Housing element for review by City staff, the community, and Planning Commission. • MAKERS will update in response to feedback and issue the prefinal Housing background report and element. The City will make any further changes required after prefinal delivery. MEETINGS • Housing focused meetings with City staff included in Task 1 DELIVERABLES • Draft and prefinal Housing background report and element TASK 5: CLIMATE C HANG E AND EQUITY 5.1 C LIMATE C HANG E New guidance requires that the City's plan incorporate consideration of climate change into the Plan's background reports and elements. The Watershed Company (Watershed) will assist City staff in developing these portions of the Plan. Tasks include: • Watershed will review the Plan's existing policies to identify opportunities to address climate change. This includes the existing Shoreline and Natural Environment elements; Wetlands, Streams, and Steep Slopes Code Update; and Urban Forestry program/updated Landscaping Code. Watershed will coordinate with staff updating these elements. • Watershed will collaborate with MAKERS and City staff to brainstorm goals, policies, and strategies that consider climate change throughout the Comprehensive Plan Update, emphasizing the Natural Environment element. Watershed will summarize findings for MAKERS feedback and provide strategy recommendations to the City. • Watershed will identify recommended changes to the Natural Environment element to incorporate climate change strategies, respond to team feedback, and provide for the City's use in completing the Natural Environment element update. 5.2 EQUITY New guidance requires that the City's plan incorporate equity into the Plan's background reports and elements. MAKERS will assist City staff in developing these portions of the Plan up to the $3,355.00 level of effort included in the fee proposal. Tasks include: • MAKERS will recommend opportunities to address equity. MAKERS architecture and urban design LLP 4/11/2023 10:36 AM 212 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 • MAKERS will collaborate with City staff to brainstorm goals, policies, and strategies that consider equity throughout the Comprehensive Plan Update, building on findings from community engagement with marginalized communities. • MAKERS will summarize findings and provide this strategy input to the City. MEETINGS • Climate change and equity focused meetings with City staff included in Task 1; Watershed will attend up to three (3) virtual team meetings DELIVERABLES • Draft and final climate change strategy recommendations summary • Draft and final equity strategy recommendations summary TASK 6 - DEVELOPMENT REGULATIONS 6.1 RECOMMENDED CODE CHANGES Identify where policy revisions imply future code changes and which code provisions might be revised, up to $3,500.00 anticipated in the level of effort. This is intended to assist staff in future code cleanup efforts, and/or inform the scope of a broader code overhaul. MAKERS will coordinate with the City to identify the best areas of focus for this work. MEETINGS • Code change topics covered in meetings with City staff included in Task 1 TASK 7 - GIS MAPS 7.1 GIS MAPPING SUPPORT MAKERS will develop GIS maps supporting the Comprehensive Plan Update, up to $9,000.00 anticipated in the level of effort. MAKERS will coordinate with the City to identify the best areas of focus for this work, prioritizing maps that will support the Land Use and Housing background reports and elements. MEETINGS • GIS mapping topics covered in meetings with City staff included in Task 1 DELIVERABLES • GIS maps prioritized by City staff up to the level of effort anticipated for this task. TASK 8 - COUNCIUCOMMISSION BRIEFINGS 8.1 COUNCIL/COMMISSION BRIEFINGS Prepare, attend, and summarize a kickoff meeting with the Planning Commission to introduce the team and ask commissioners what aspects of the Comprehensive Plan Update are most important to them. MAKERS architecture and urban design LLP 4/11/2023 10:36 AM 213 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 Collaborate with staff to provide level of effort equivalent to preparing, attending, and summarizing three total meetings with a combination of the Planning Commission, City Council, or other joint meetings, at key milestones. Number of total meetings will be dependent on the proportion of responsibilities provide by City Staff on a meeting -by -meeting basis, as long as the total level of effort for all meetings does not exceed $10,000.00. MEETINGS • Planning Commission kickoff • Effort equivalent to fully supporting up to three Planning Commission, City Council, or combined Commission/Council meetings, up to $10,000.00, including the kickoff briefing DELIVERABLES • Draft and final Planning Commission kickoff briefing • Up to three draft and final Planning Commission, City Council, or combined Commission/Council briefings ASSUMPTIONS SCOPE FOCUS • Tukwila staff will address the bulk of the goals, policies, and implementation strategies that need to be updated per new regulatory guidance, as will the background documents that provide the inventory. These include Economic Development, Shoreline, Parks and Recreation, Transportation, Capital Facilities, Utilities, and Roles and Responsibilities. • The consultant team will primarily focus on providing mapping support, updating the Housing background reports and element, providing an outline and recommending strategies and providing mapping in support of the new consolidated Land Use element, and recommending approaches to integrate equity and climate change policies into the Update. This effort does not include an update to the City's critical areas ordinance and/or a formal review of best available science (BAS). • Given the limited time available and the community's familiarity with the existing plan, updates will fit within the structure of the existing plan, except where consolidation of elements is proposed. SCHEDULE • To meet the grant -mandated and City process schedule, consultant work is anticipated to be primarily from notice to proceed through early Spring 2024, with some limited adoption support occurring through September 2024. • This project schedule is based on City requirements, efficient scheduling, and the data provision and review time assumptions specified in this scope of work. Longer review periods and meeting scheduling delays may impact the project schedule. MEETINGS • MAKERS will schedule monthly check -ins, which will generally be 60 -minute Teams calls. MAKERS will provide agendas and summarize the key decisions and action steps after each meeting. • Up to 14 check -ins are assumed, monthly through April 2024. • Leland will attend up to 10 meetings (with up to two in person, the remaining virtual) with MAKERS, City staff, and/or the Planning Commission/Council. MAKERS architecture and urban design LLP 4/11/2023 10:36 AM 214 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 • Watershed will attend up to one virtual meeting with MAKERS, City staff, and/or the Planning Commission/Council. • Tukwila staff will schedule the gap analysis meeting with City staff and facilitate coordination between MAKERS and City staff who are needed to provide input during development of the Comprehensive Plan Update. • Meetings with City staff or project stakeholders are assumed to be virtual; meetings with the Planning Commission may be in person or virtual; meetings with the City Council will be in person. BACKGROUND INFORMATION • The City will provide necessary background information, including existing relevant plans, guidance, and GIS data. This will include the existing Comprehensive Plan and recently updated or ongoing updates to the Transportation Plan, Water and Sewer Plan, Stormwater Plan, and other Plan elements. • To keep project on schedule, the City will endeavor to provide information requested within two weeks from the date of request. The consultant team will notify the City of information requests as they arise to ensure the City has the maximum amount of time to respond to requests. The consultant team will work with the City to mitigate schedule impacts where information requests take longer to fulfill. • The City shall keep MAKERS apprised of parallel planning efforts of consequence to this project. Any new information arising over the course of the project shall be provided to MAKERS as soon as feasible. If this new information impacts the content of a substantially developed work product, MAKERS will endeavor to incorporate such new information into the final work product, if possible, given available budget. ENGAGEMENT • The City will facilitate coordination of outreach and feedback sharing with the ongoing Transportation Plan update team as well as other parallel planning efforts. • Comprehensive Plan related website contents, features, and complexity will be appropriately scaled to the available budget and level of effort for this task. Once this project concludes, website responsibilities (hosting, maintaining, monitoring, etc.) will transfer to the City or other designee. • Engagement strategies will be scaled to align with the proposed level of effort for Task 2. • Engagement findings will be delivered in a summary presentation. • MAKERS will provide materials to support the City's messaging and engagement efforts. These materials will be excerpted from items produced in support of other scoped tasks; no additional materials will be developed to support City -led messaging and engagement. DELIVERABLES AND REVIEWS • Land Use strategy, climate change, and equity recommendations will be delivered in short memo or presentation format, whatever functions best to efficiently organize and convey the information. • MAKERS will provide draft copies of presentation materials for advance review by the project team and revise materials based on project comments. • No more than two versions (draft and prefinal) of any deliverable will be provided except for certain GIS maps, for which no more than three versions (draft, prefinal, and final) will be provided. The City is responsible for Comp Plan updates after prefinal delivery. • City reviews of minor deliverables (engagement materials, presentations, strategy recommendation summaries) are assumed to occur within one week, with an additional week allocated for consultant revisions in response to City comments. MAKERS architecture and urban design LLP 4/11/2023 10:36 AM 215 TUKWILA COMPREHENSIVE PLAN UPDATE SCOPE OF WORK April 11, 2023 • City review of the draft Housing element is assumed to occur within two weeks, with two weeks allocated for consultant revisions. MAPPING SUPPORT • MAKERS will provide GIS maps up to the level of effort identified in the scope. Revisions will be limited to two rounds maximum, with the understanding that revisions of most maps will be limited to one round. MAKERS architecture and urban design LLP 8 4/11/2023 10:36 AM 216 Tukwila Comprehensive Plan Revised Fee Proposal 04.06.2023 TASK ESTIMATED % OF TOTAL TOTAL 1 Management, Checklists, Gap Analysis 2 Public Outreach 3 Land Use Element 4 Housing Element 5 Infuse Climate Change (coverd by Watershed and Equity 6 Development Regulations 7 GIS Mapping Support 8 Council/Commission Updates Leland Watershed Misc. Expenses $ 16,500 $ 18,000 $ 12,000 $ 24,000 $ 3,355 $ 3,500 $ 9,000 $ 10,000 $ 14,000 $ 14,145 $ 500 13% 14% 10% 19% 3% 3% 7% 8% 11% 11% 0% Total $ 125,000 100% 217 218 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes March 20, 2023 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Kathy Hougardy, Chair; De'Sean Quinn, Thomas McLeod Staff Present: Rachel Bianchi, Nora Gierloff, Nancy Eklund, Laurel Humphrey, Stacy Hansen Chair Hougardy called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Consultant Contract: Comprehensive Plan Update Staff is seeking Council approval of a grant -funded contract with Makers -Architecture, *Planning and Urban Design, LLC in the amount of $125,000 for services in support of the Comprehensive Plan update. Committee Recommendation Unanimous approval pending completed scope. Forward to April 3, 2023 Regular Meeting. B. Resolution: Allocation of Senate House Bill 1406 Funding Staff is seeking Council direction on how 1406 funds should be split between rental assistance and pooling with SKHHP for the affordable housing fund. Staff has prepared a resolution proposing an allocation of 70% to SKHHP and the retention of 30% for rental assistance. Committee Recommendation Unanimous approval. Forward to March 27, 2023 Committee of the Whole. II. MISCELLANEOUS The meeting adjourned at 6:22 p.m. "committee Chair Approval 219 220 COUNCIL AGENDA SYNOPSIS Inittalr Meeting Date Prepared by Mayor's review Council review 04/10/23 JR Amendment Request 04/10/23 04/17/23 JR ❑ Bid Award Mtg Date Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion 11 Ordinance Mtg Date Mtg Date 04/17/23 SPONSOR ❑Council ❑Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11P1' ❑Court ITEM INFORMATION ITEM No. 5.C. 221 STAFF SPONSOR: JOSH HARTLEY ORIGINAL AGENDA DATE: 04/17/23 AGENDA ITEM TITLE Tukwila Municipal Code (TMC) 11.04 & 11.28 Amendment Request 04/10/23 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion 11 Ordinance Mtg Date Mtg Date 04/17/23 SPONSOR ❑Council ❑Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11P1' ❑Court SPONSOR'S To maximize opportunities for undergrounding telecommunication utilities, so SUMMARY neighborhoods and street corridors are more aesthetically pleasing, a revision to the TMC code will be required. TMC 11.28 — Utility Undergrounding has not been revised since 2002 and is outdated. These updates to TMC 11.04 & 11.28 will provide clarification and outline when a company may request for an exemption to the ordinance. Council is being asked to approve an ordinance that revises TMC codes 11.04 and 11.28. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. Planning/Economic Dcv. ❑ Arts Comm. ❑ Parks Comm. n Planning Comm. COMMITTEE CHAIR: TOSH SHARP ❑ LTAC DATE: 04/03/23 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Forward to the Committee of the Whole and Regular Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/10/23 Forward to next Regular Meeting 04/17/23 MTG. DATE ATTACHMENTS 04/10/23 Informational Memorandum dated 03/31/23 TMC 11.04 & 11.28 Revised Code Ordinance TMC 11.04 & 11.28 Revised Code Amendment PowerPoint Presentation Minutes from T&I Committee meeting of 04/03/23 (distributed separately) 04/17/23 Final Ordinance 221 222 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) SECTION 11.04.040, "DEFINITIONS"; REPEALING ORDINANCE NO. 1995 §1 (PART), AS CODIFIED IN TMC CHAPTER 11.28; REENACTING TMC CHAPTER 11.28, "UNDERGROUNDING OF UTILITIES," TO UPDATE DEFINITIONS AND ADOPT NEW REGULATIONS RELATED TO UNDERGROUNDING OF UTILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City is engaged in an ongoing effort to streamline code processes and improve permitting procedures; and WHEREAS, the City desires to provide clarification on regulations related to undergrounding utilities; and WHEREAS, the proposed revisions to Tukwila Municipal Code (TMC) Chapter 11.28 will align the TMC with current engineering industry standards and practices; and WHEREAS, the City Council finds that the adoption of this ordinance for updating regulations related to undergrounding of utilities prevents harm to the health or safety of the public, and promotes the public health, safety and general welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoptions of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. Ordinance No. 1995 §1 (part), as codified at TMC Section 11.04.040, "Definitions," is hereby amended to read as follows: 11.04.040 Definitions As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn Page 1 of 12 223 1. "Abutting Property" means all property having a frontage upon the sides or margins of any public right-of-way. 2. "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. 3. "Applicant" shall mean any owner or developer, or duly authorized agent of such owner or developer, who has submitted an application for a permit under this title. 4. "Assessment Reimbursement Area" means all real properties that will benefit from the street and/or utility system improvements. 5. "Banner" means a sign consisting of fabric and containing a public service message or event announcement which is hung above or across a public right-of-way. 6. "Business Registration" means a requirement of all telecommunications and cable providers who are not otherwise required to license or franchise with the City. 7. "Cable Act" means the Federal Cable Communications Policy Act of 1984, as amended by the Federal Cable Television Consumer Protection and Competition Act of 1992, as amended by portions of the Federal Telecommunications Act of 1996, and hereafter amended. 8. "Cable Facilities"— see "Facilities." 9. "Cable Operator" shall have the same meaning as defined in the Cable Acts. 10. "Cable Service" shall have the same meaning as defined in the Cable Acts. 11. "Campus" means a development site under a single public or private ownership, upon which a structure or structures exist. By way of illustration and not limitation, a campus includes a public or private school, a multifamily development, a retirement housing facility, a nursing home facility, a continuing care retirement community, a boarding home, a hospital, a recreational facility, a business park, and a shopping center. 12. "City" means the City of Tukwila, Washington, in King County, and all the territory within the corporate boundaries of Tukwila, as these may change from time to time. 13. "City Council" means the City of Tukwila Council acting in its official capacity. 14. "Curb" means a cement, concrete or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular area of the public right-of-way from the area provided for pedestrians. 15. "Department" means the City of Tukwila Public Works Department. 16. "Deposit" shall mean any bond, cash deposit, or other security provided by the applicant in accordance with TMC Section 11.08.110. 17. "Developer" means the owner and/or building permit applicant who is required — by any ordinance of the City, as the result of the review under State Environmental Policy Act, or in connection with any decision of the City Council — to CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn 224 Page 2 of 12 construct street system and/or utility system improvements which abut the development site. 18. "Development" means a private improvement to real property requiring electrical and/or communication services including, but not limited to, such services being distributed to subdivisions, short plats, planned unit developments, or single-family or commercial building sites. 19. "Development Site" means the lot or lots upon which real property improvements are proposed to be constructed. 20. "Director" means the Director of the Public Works Department or designee. 21. "Electrical or Communication Systems" means facilities carrying electrical energy, including but not limited to, electric power, telephone, telegraph, telecommunication, fiber optics, and cable television services. 22. "Emergency" shall mean any unforeseen circumstances or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility or public services. 23. "Excavation" shall mean any work in the surface or subsurface of the public right-of-way, including, but not limited to, opening the public right-of-way for installing, servicing, repairing, or modifying any facility or facilities in or under the surface or subsurface of the public right-of-way. 24. "Excess Capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the right-of-way that is or will be available for use for additional telecommunications or cable facilities. 25. "Facilities" or "Facility" means the plant, equipment, and/or property, including, but not limited to, overhead and underground water, gas, electric, and telecommunication facilities and appurtenance such as cables, wires, conduits, transformers, substation, pad -mounted J -boxes, switch cabinets, ducts, pedestals, antennas, electronics, vaults, poles, meter boxes, sewers, pipes, drains, and tunnels. 26. "FCC" or "Federal Communications Commission" means the Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and cable operators on a national level. 27. "Franchise" is an agreement required with a right-of-way user who desires to construct, install, operate, maintain or otherwise locate facilities in rights-of-way. 28. "Frontage" means that portion of the development site abutting public right-of- way; provided, however, in the case of development sites which are not substantially rectangular, such as "pipe -stem" lots, the frontage shall be equal to the greatest linear distance of the lot which is parallel to the public right-of-way. In the case of corner lots, "frontage" means any portion of the development site abutting any public right-of-way. 29. "Fronting" means abutting a public right-of-way or public rights-of-way. 30. "Grantee" means the holder of a franchise or a right-of-way permit. CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn Page 3 of 12 225 31. "Hazardous Waste" includes any and all such materials as defined by RCW 70A.384.005 (radioactive wastes) and RCW 70A.300.010(5), (6) and (15) (other hazardous wastes), now or as hereafter amended. 32. `Installer" means the person or organizations who actually and physically hangs the banner over the public right-of-way and who has the required skill and equipment to properly and safely hang the banner. The Director will maintain a list of approved installers having the required skill and equipment to properly and safely hang banners. 33. "Maintain or Maintenance" means mowing, trimming, pruning (but not including topping or tree removal), edging, root control, cultivation, reseeding, fertilization, spraying, control of pests, insects and rodents by nontoxic methods whenever possible, watering, weed removal, and other actions necessary to assure normal plant growth. 34. "New Electrical or Communication Service" means installation of service lines to a building where none existed before, and shall not include overlashing, restorations and repairs. 35. "Nonconforming Paved Street Surface" means asphaltic concrete or cement concrete street surface that does not conform to the current "City of Tukwila Infrastructure Design and Construction Standards," but that the Director finds to be adequate for projected vehicular traffic. 36. "Occupant" means a person who is occupying, controlling or possessing real property, or his or her agent or representative. 37. "Open Video System" means those systems defined and regulated as Open Video Systems by the FCC, pursuant to Section 653 of the Federal Communications Act of 1934, as amended, 47 U.S.C. 573. 38. "Overhead Facilities" means facilities located above the surface of the ground, including the underground supports and foundations for such facilities. 39. "Owner" shall mean any developer or person, including the City, who owns any facility or facilities that are, or are proposed to be, installed or maintained in the public right-of-way. 40. "Paved Street Surface" means street surface that is either standard street surface or nonconforming paved street surface. 41. "Permit" means a document issued by the City granting permission to engage in an activity that involves the use of the public right-of-way. 42. `Permittee" shall mean the applicant to whom a permit to use the public right- of-way has been granted and thereby has agreed to fulfill the requirements of TMC Title 11. 43. "Person" means, and includes: corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals, and includes their lessors, trustees and receivers, but excludes the City. CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn 226 Page 4 of 12 44. "Personal Wireless Services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by Federal laws and regulations. 45. "Private Use" means use of the public right-of-way — other than as a thoroughfare for ordinary transit of vehicles, pedestrians, or equestrians — for the benefit of a particular person or entity. 46. "Procedure" means a procedure adopted by the Director to implement this title, or to carry out other responsibilities as may be required by this title or by other codes, ordinances, or resolutions of the City or other agencies as they may apply. 47. "Real Property Improvements" means: a. Construction of a structure on an unimproved lot; b. Additions, alterations, or repairs to an existing structure other than one single-family residence, where square footage is added to the structure, or the construction of accessory buildings; or c. Construction of an additional structure or structures on a campus. 48. "Recently Improved Street" shall mean any street that has been reconstructed or resurfaced by the Department or any other owner or person in the preceding three-year period. 49. "Reimbursement Agreement" means contracts authorized by RCW Chapter 35.91, as presently constituted or as may be subsequently amended, for utility system improvements, and may be referred to from time to time in this title as "Latecomer Agreements." 50. "Replacement Vegetation" means vegetation of equal species, size, quality and number to that which has been removed. 51. "Restoration" means all work including, but not limited to, backfilling, compacting, replacing street pavement, replacing sidewalks, or other public right-of-way to like -new condition in the manner prescribed by the Department's Infrastructure Design and Construction Manual. (See TMC Section 11.08.270 for more details.) 52. "Right -of -Way" means all public streets, alleys and property granted, reserved for, or dedicated to public use for streets and alleys, together with all public property granted, reserved for, or dedicated to, public use including, but not limited to, walkways, sidewalks, trails, shoulders, drainage facilities, bike ways and horse trails, whether improved or unimproved, including the air rights, subsurface rights, and easements related thereto, but does not include: 1. State highways; 2. Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; 3. Structures, including poles and conduits, located within the right-of-way; CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn Page 5 of 12 227 4. Federally granted trust lands or Forest Board trust lands; 5. Lands owned or managed by the Washington State Parks and Recreation Commission; or 6. Federally granted railroad rights-of-way acquired under 43 U.S.C. 912 and related provisions of federal law that are not open for motor vehicle use. 53. "Right -of -Way User" means any person with any facility in the right-of-way, including but not limited to, persons who have been granted City approval via franchise or other agreement to be in the right-of-way. 54. "Service Connection" means a connection made to a telecommunications facility and/or cable facility for the purpose of providing telecommunications or cable services. 55. "Service Connections" are facilities extending from a distribution system and terminating on private property and/or for the specific purpose of servicing one (1) customer. 56. "Sidewalk" means that property between the curb and the abutting property, set aside and intended for the primary use of pedestrians, but may include mixed uses such as pedestrians and bicyclists, improved by paving with cement concrete or asphaltic concrete, including all driveways. 57. "Standard Street Surface" means street surface that is paved in accordance with the "City of Tukwila Infrastructure Design and Construction Standards." 58. "State" means the State of Washington. 59. "Stop Work Notice" means a notice authorized by the Director or his/her designee, posted at the site of an activity that requires all work to be stopped until the City approves continuation of work. 60. "Street" means any street, road, boulevard, alley, lane, way or place, or any portion thereof within the City limits. 61. "Street System Improvements" include half street section of street pavement (including appropriate sub paving preparation), surface water drainage facilities, sidewalks where required, curbs, gutters, utility undergrounding, street lighting, right-of-way landscaping (including street trees where required), and other similar improvements. 62. "Street System Improvements" means such improvements as are defined in TMC Section 11.12.030. 63. "Street Trees" means any trees located on any street or public right-of-way. 64. "Surface Water Drainage Facilities" means ditches, piped and covered surface water drainage, including catch basins, and such detention, retention, and biofiltration as the Director shall require in accordance with sound engineering principles and the adopted ordinances and policies of the City. CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn 228 Page 6 of 12 65. "Surplus Space" means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment. 66. "Telecommunications Carrier" for the purposes of this chapter includes every person that directly or indirectly owns, controls, operates or manages plant, equipment, structures, or property within the City, used or to be used for the purpose of offering telecommunication service. Provided, however, this does not include lessees that solely lease bandwidth (and do not own telecommunication facilities within the City of Tukwila). 67. "Telecommunication Facilities"— see "Facilities." 68. "Telecommunication Service" means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of voice, data, image, graphic or video programming information or service(s) between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. 69. "TMC" means the Tukwila Municipal Code adopted by the City Council. 70. "Topping" means the severe cutting of the top of a street tree resulting in stubs beyond the branch collar in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures the street tree, and reduces the height. 71. "Underground Facilities" means facilities located under the surface of the ground, alone or in combination, direct buried or in utility tunnels or conduits, excluding the underground foundations or supports for overhead facilities. 72. "Unpaved Street Surface" means street surface that is neither standard nor nonconforming paved street surface. 73. "Unsafe Condition" means any condition that the Director reasonably determines is a hazard to health, endangers the safe use of the right-of-way by the public, or does or may impair or impede the operation or functioning of any portion of the right-of- way, or may cause damage thereto. 74. "Utility System Improvements" means water and/or sewer facilities as specified in RCW 35.91.020 as it now reads, or as hereafter amended. 75. "Vegetation" means all trees, plants, shrubs, groundcover, grass, and other vegetation. 76. "Wire" means a guided transmission medium, consisting of either one strand or a group of stands insulated together, which are used to power and/or send multiple transmission signals. 77. "Washington Utilities and Transportation Commission" or "WUTC" means the State administrative agency, or lawful successor, authorized under Title 80 of the Revised Code of Washington to regulate and oversee telecommunications carriers, services and telecommunications providers in the State of Washington to the extent prescribed by law. CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn Page 7 of 12 229 Section 3. Repealer. Ordinance No. 1995 §1 (part), as codified at TMC Chapter 11.28, "Undergrounding of Utilities," is hereby repealed. Section 4. TMC Chapter 11.28 Reenacted. TMC Chapter 11.28 is hereby reenacted to read as follows: CHAPTER 11.28 UNDERGROUNDING OF UTILITIES Sections: 11.28.010 Policy 11.28.020 Purpose 11.28.030 Undergrounding — Scope 11.28.040 Facilities Exempted 11.28.050 Undergrounding Requirements 11.28.060 Deviations 11.28.070 Overlashing 11.28.080 Upgraded Service 11.28.090 Connections and Disconnections of Affected Service 11.28.100 Service Connection Requirements Section 5. TMC Section 11.28.010 is hereby reenacted to read as follows: 11.28.010 Policy It is the policy of the City to require the underground installation of all new electrical and communication facilities, with certain exceptions noted in this chapter. The City Council finds that the convenience, health, safety, and general welfare of the residents of the community require that all new facilities specified in this chapter be installed underground. Section 6. TMC Section 11.28.020 is hereby reenacted to read as follows: 11.28.020 Purpose The purpose of this chapter is to establish minimum requirements and procedures for the underground installation of electric and communication facilities within the City. Section 7. TMC Section 11.28.030 is hereby reenacted to read as follows: 11.28.030 Undergrounding — Scope This chapter shall apply to any person or entity, other than the City, who owns electrical or communication facilities, and to all new electrical and communication systems, including but not limited to electric power, telephone, telecommunication, and cable television facilities within the corporate City limits. Section 8. TMC Section 11.28.040 is hereby reenacted to read as follows: CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn 230 Page 8 of 12 11.28.040 Facilities Exempted The following facilities are exempted from the undergrounding requirements of this chapter: 1. Electric utility substations, pad -mounted transformers, and switching facilities not located on the public right-of-way where site screening is or will be provided in accordance with TMC Chapter 18.54. 2. Electric transmission systems of a voltage of 115 kV or more (including poles and wires) and equivalent communication facilities. 3. Ornamental street lighting standards, as defined by the Director. 4. Telephone pedestals, cross connect terminals, repeaters, cable warning signs, and other equivalent communication facilities. 5. Government equipment, including but not limited to: traffic control equipment and police and fire sirens. 6. Temporary services for construction. 7. Replacement of existing overhead facilities due to damage by natural or man-made causes. 8. Overlashing onto existing facilities installed, subject to the limitations and restrictions set forth in TMC Section 11.28.070. 9. Secondary wiring for street lighting. 10. Upgrade or replacement service of existing facilities pursuant to TMC Section 11.28.080. 11. Other facilities as determined by the Director. Section 9. TMC Section 11.08.050 is hereby reenacted to read as follows: 11.28.050 Undergrounding Requirements Except for wireless communication facilities specifically permitted, pursuant to TMC Chapter 18.58, all new facilities shall be constructed, installed, and located in accordance with the following terms and conditions, unless otherwise specified in a franchise. Right-of-way users shall be responsible for all costs associated with undergrounding its facilities except as otherwise provided herein or within Federal or State law. 1. The right-of-way user shall install its new facilities underground, unless otherwise approved by the City, pursuant to TMC Section 11.28.060. 2. The right-of-way user shall install its new facilities within an existing underground duct or conduit whenever excess capacity exists within such facility and the right-of-way user is able to access such underground duct or conduit for a commercially reasonable fee; otherwise, the right-of-way user shall place its new CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn Page 9 of 12 231 facilities within its own new underground duct or conduit. The right-of-way user is encouraged to place conduit underground that can accommodate both the new facilities and future facilities, including any existing above ground facilities that may be relocated underground at a later date. 3. Whenever any new or existing electric utilities are being located underground, or upon a City project within a public right-of-way, the right-of-way user, with permission to occupy the same right-of-way, shall also relocate its facilities underground or along an alternative public way, consistent with the requirements of RCW 35.99.060 and TMC Section 11.08.300. 4. If requested, the right-of-way user shall provide the City with additional ducts and conduits, at the right-of-way user's cost, and related structures necessary to access the ducts and conduits; provided, that the terms and conditions under which such additional ducts and/or conduits are provided shall be consistent with RCW 35.99.070. 5. These locational requirements shall apply even if the right-of-way user is providing services to a wireless communication facility in the right-of-way, and such wireless communication facility is allowed to remain above ground. Section 10. TMC Section 11.28.060 is hereby reenacted to read as follows: 11.28.060 Deviations A. The right-of-way user may request that the Director allow a deviation from the requirements in this section by establishing that such compliance would be an undue hardship to the right-of-way user, a user of the facilities, or any other affected person. The term "undue hardship" shall mean either: 1. The installation would be technologically unfeasible; or 2. The impact of the underground construction outweighs the general welfare consideration in requiring underground construction; or 3. Delay of the installation of the underground facilities would better coordinate the project with other private improvements which are in the permitting process or public improvements shown on the Capital Improvement or Transportation Improvement elements of the Comprehensive Plan; or 4. Strict application of this chapter would materially inhibit or would have the effect of materially inhibiting a right-of-way user's ability to provide telecommunication services; or 5. For existing or new single-family residences only, the requirement to underground new facilities constitutes a financial hardship. B. The Director may also deviate from these requirements if a statute or tariff prohibits the enforcement thereof or requires the City or rate payers to pay for such underground in g. CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn 232 Page 10 of 12 C. Deviations shall be requested in writing by the applicant, which shall include how the applicant meets the criteria of TMC Section 11.28.060.A or B. The Director shall determine, in writing, if the undue hardship criteria are sufficiently established such that the applicant is not required to underground the new facilities. The Director's decision shall be final. Section 11. TMC Section 11.28.070 is hereby reenacted to read as follows: 11.28.070 Overlashing Existing right-of-way users may overlash to their existing wires, subject to all applicable local, state, and federal regulations; and further provided that existing right- of-way users may only overlash a total of two additional new wires per existing wire owned by the right-of-way users on a given pole, not to exceed three wires in total for any given right-of-way user. The overlashed wire(s) shall be limited to like -in-kind only, meaning that it shall not exceed the same size, weight and diameter of the original wire that is being overlashed to. Section 12. TMC Section 11.28.080 is hereby reenacted to read as follows: 11.28.080 Upgraded Service Existing wires may be replaced or upgraded for increased service capacity provided that no additional wires are added (i.e., a new wire can be added but the existing wires shall be removed). The new upgrade or replacement wires shall be limited to like -in-kind only, meaning that it shall not exceed the size, weight, and diameter of the original wire that the applicant proposes to remove. Section 13. TMC Section 11.08.090 is hereby reenacted to read as follows: 11.28.090 Connections and Disconnections of Affected Service The owner of real property abutting an underground project shall be responsible, at his or her expense, for converting to underground service and disconnecting his or her aerial services within 30 days following notice in writing of availability of such underground service. Time in consummating such connection and disconnection is of the essence, and such notice to the property owner, customer or subscriber may be mailed, postage prepaid, or delivered in person. In the event that such conversion and disconnection is not accomplished within 30 days of receipt of notice, the City may order the work done and the actual cost shall constitute a lien against the real property, subject to enforcement as provided by law. Section 14. TMC Section 11.28.100 is hereby reenacted to read as follows: 11.28.100 Service Connection Requirements A. Single -Family Residential Areas. All electrical or communication service lines from either existing overhead or underground facilities to the service connection of new structures shall be installed underground. CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn Page 11 of 12 233 B. Non -Single Family Residential Areas. All new electrical or communication service lines from either existing overhead or underground facilities to the service connection of new and existing structures shall be installed underground. Section 15. Repealer. Per the repealer in Section 3 of this ordinance, the following sections of the Tukwila Municipal Code are hereby eliminated: 11.28.110 11.28.120 11.28.130 11.28.140 Site Screening As -built Drawings Joint Trenches Request for Waiver Section 16. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of scrivener's errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 17. 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 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2023. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney CC:\Legislative Development\Amend TMC 11.28 clean 4-11-23 JH:AY Review and analysis by Andy Youn 234 Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 12 of 12 TO: City of Tukwila Allan Ekberg, Mayor Mayor's Office - David Cline, City Administrator The City of opportunity, the community of choice Mayor Ekberg Councilmembers FROM: David Cline, City Administrator DATE: April 11, 2023 SUBJECT: City Administrator's Report The City Administrator Report is meant to provide the Council, staff and community an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. �. Intergovernmental Update • King County Flood Control District: Mayor Ekberg participated in a King County Flood Control District Advisory Committee meeting on March 29. • King County City Managers/Administrators Meeting: City Administrator Cline hosted the King County City Managers/Administrators monthly meeting at the Justice Center on April 5 where Association of Washington Cities provided a Legislative update, there was roundtable discussion about onboarding City Councilmembers and how cities are reducing barriers for elected officials to serve, and both the Washington City/County Management Association and Sound Cities Association provided updates. II. Community Events • Earth Month: April is Earth Month. Green Tukwila has put together several opportunities for residents and visitors to enjoy: Meet the Trees self -guided tree walks in Codiga Park, Riverton Park, Tukwila Park, and Crestview Park; Restoration work parties at Riverton Park, Cottonwood Corner and Duwamish Hill Preserve; and A City Nature Challenge. More information can be found at www.Tukwilawa.gov/earthmonth. • Wildlife Wednesday Lecture Series: On April 5 Green Tukwila staff and the Washington Department of Fish and Wildlife provided a lecture on Pollinators at Home at the Tukwila Community Center and on Zoom. III. Staff Updates Public Safety • Meeting with Congressman Smith's Office: On March 30 Chief Dreyer, Co -Responder Jackie Harris and Sound Health staff had a meeting with Congressman Adam Smith's district Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 235 representative, Andrew Hays, to provide Mr. Hays an overview of the co -responder program, and a tour of the Justice Center. Project Updates • PW Shops - Fleet & Facilities building TI Contract: Building siding scope has commenced for replacement of damaged exterior siding. The project is estimated to take four to six weeks to complete. • 2023 Annual Overlay Program: Estimated Completion: Fall 2023 The 2023 project is expected to be advertised in April/May 2023 with construction starting in the summer. Ninety percent of Design Plans were submitted on March 24, 2023 for City comments. • 2022 Annual Overlay Program: Estimated Completion: April 2023 All thermoplastic crosswalks and stop bars have been placed. The contractor is completing a couple final property restoration items. The Request for Acceptance of the project is expected to be routed to Council by the end of the month. Boards, Commissions and Committees • Arts Commission: The next meeting is scheduled for April 26, 2023. 1 Student Representative position term expires June 30, 2023. No vacancies. • Civil Service Commission: The next meeting is scheduled for April 20, 2023. 1 Resident position term expires December 31, 2023. No vacancies. • COPCAB: The next meeting is scheduled for April 13, 2023. 1 Resident position term expires December 31, 2023. 1 Business Representative position term expires December 31, 2023. 1 Student Representative position term expires June 30, 2023. VACANT: 1 Business Representative position and 1 School District Representative. • Equity & Social Justice Commission: The next meeting is scheduled for April 13, 2023. 1 City Council position term expires December 31, 2023. 2 Education position terms expire December 31, 2023. 1 Community position term expires December 31, 2023. 1 City Employee position term expires December 31, 2023. VACANT: 1 Education/Community Representative. • Human Services Advisory Board: The next meeting is scheduled for April 20, 2023. 1 Resident position term expires December 31, 2023. 1 Business position term expires December 31, 2023. VACANT: 1 Resident position and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for May 2, 2023. 3 Resident position terms expire December 31, 2023. VACANT: Student Representative. 236 City Administrator's Report April 11, 2023 Page 3 • Lodging Tax Advisory Committee: The next meeting is scheduled for April 14, 2023. All positions are 1 -year terms. VACANT: 1 Business Collecting Tax Representative and 1 Funded by Tax Representative. • Park Commission: The next meeting is scheduled for April 12, 2023. 2 Community position terms expire December 31, 2023. No vacancies • Planning Commission: The next meeting is scheduled for April 27, 2023. 1 Business position term expires December 31, 2023. 3 Resident position terms expire December 31, 2023. VACANT: 1 Resident position. IV. Responses to Council/Community Inquiries Date of Inquiry,Inquiry Response April 3, 2023 Concerns about On April 5, 2023, in coordination with the City's camping and debris at police mental health professional, code the Seattle City Light enforcement and Seattle City Light the property Electric Vehicle Parking was addressed and individuals on site provided Lot on Interurban near services (may contacts had been made with the 1-5. individuals prior to this action). The parking lot was secured so only vehicles accessing the charging stations can be on site. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 237 238 2023 Workplan - Goal 1 Task # Task Name Task Description Comm Dept Staff Resources 01 Update Goal 1- A community of inviting neighborhoods and vibrant business districts Prepare for future growth with regional and local investments Infrastructure improvements, planning and development code updates, deployment of community technology resources 1 Development Code and Regulations, Permit Processes and Customer Service Review Review codes and regulations, permit processes and customer service to ensure alignment of Tukwila's permitting processes with best practices and neighboring cities. PCD AS/DCD High Draft RFQ complete, most staff have been interviewed and next steps identified. RFQ to be published Q2. 2 Comprehensive Plan Update Update Comp Plan, due end of 2024 (2022) PCD DCD/PW/ ED/PR High Consultant has been chosen and contract to go to Council in April. 3 Allentown Truck Reroute EIS and Outreach Analyze options and Identify alternate ingress/egress for BNSF facility (1997) TIS PW High An open house was conducted by the consultant, HDR, on February 28 at TCC. The comment period was open until March 15. 4 42nd Avenue South Bridge Replacement Construct replacement for existing bridge, which was built in 1949 and functionally obsolete. (2017) TIS PW High Consultant has started the detailed permitting process and developed a more precise project construction schedule. 5 Levee Certification /Green River Corridor Reconstruct the Tukwila 205 Levee to provide 500 year level flood protection and obtain levee certification. (2013) TIS PW Med Project team is reviewing draft semi quantitative risk assessment report (SARA), developed by US Army Corps of Engineers. 6 Transportation Element Comp Plan Update the Transportation Element of the Comp Plan (2021) TIS PW Med Consultant has formed a citywide team and progressing with data collection. 7 Surface Water, Water & Sewer Comprehensive Plans Update the Surface Water, Water and Sewer sections of the Utilities Element of the Comp Plan (2021) TIS PW Med Sewer comp plan has been submitted to Ecology and King County; Water comp plan has been submitted to DOH. Work on the Surface Water comp plan will begin next quarter. 8 Geographic Information Systems Utilities Inventory Complete GIS inventory of surface water, water, and sewer infrastructure to establish as -built drawings of the public systems. (2002) TIS PW Med Staff has begun hiring process for GIS Field Technician; interviews are being conducted. 9 West Valley Highway (1405 to Strander) Project Construct non -motorized and street improvements within the right-of-way (2016) TIS PW Med Significant portion of construction is complete; signal synchronization will be complete in the near future. 10 S 152nd Waterline Extension Design and construct 1,600 LF of 10" and 150 LF of 8" ductile iron waterline along S. 152nd Street. (2010) TIS PW Med 90% design has been reviewed internally; consultant is working to complete 100% 11 Boeing Access Station Coordinate with Sound Transit and other stakeholders to ensure station continues to be included in phasing DCD/MO /AS Low Staff have had preliminary conversations with Sound Transit as they begin their planning efforts on the station. 12 1-405 Bus Rapid Transit (BRT) Updates Plan for inline BRT station connecting TIBS to the north and possibly the south (2020) TIS DCD/PW Low Property owner continues to pursue a betterment with WSDOT to allow the pedestrian bridge to extend to the south across the eastbound freeway lanes. N C/11/2023 R923 Workplan - Goal 1 ask # Task Name Task Description Comm Dept Staff Resources Q1 Update 13 S 140th St Intersection Improvements Design & construct a new traffic signal at TIB/S. 140th St. (Grant dependent) (early 2000s) TIS PW Low Grant dependent; no updates. 14 Gilliam Creek Fish Barrier Removal Construct fish passage improvements at the existing flap gate to restore salmonid habitat. (1998) TIS PW Low Design has begun for the next phase. 15 Nelsen Side Channel Create a salmon rearing habitat side channel by connecting a segment of historic river channel with the Green River. (2016) TIS PW Low Project is underway and staff have been applying for grants for land acquisition. 16 Storm water Quality Retrofit Provide, design, and install water quality testing and improvements at selected drainage locations. TIS PW Low Design contract has been awarded and consultant began design in early 2023 Nurture safe and flourishing neighborhoods Public Safety/First responder services, park and recreation innovation and accessibility, traffic and pedestrian safety, public 17 Annexation to the Puget Sound Regional Fire Authority Achieve a successful annexation to the Puget Sound Regional Fire Authority. All High Annexation plan has been drafted and is scheduled for adoption by PSRFA on April 5 and going before City Council for adoption on April 17. 18 Police Department Staffing Strive to achieve full staffing in the police department PD/AS High The recruitment team attended multiple Public Safety Testing recruiting events, held oral boards, and the Chief's office interviewed several candidates including entry levels and laterals. Three new officers have been hired, with one resignation, netting two new officers this quarter. 19 Co -Responder Pilot Program Adding second responder and assess pilot program to determine long term viability (2020) CSS PD High Sound Health and PD interviewed three applicants for second co - responder. One of the applicants was selected and will start in late April 2023. We also worked on contracts for the two co - responders, which will be presented to the Council in the near future. 20 Fire Code Update Review and propose updates to Fire Code with a focus on regional consistency. (2022) CSS MO/DCD High Code updates are scheduled to go before the Planning and Community Development Committee on April 17 in conjunction with Building Code updates. 21 Police Department 5 -year Strategic Plan Create 5 -year Strategic Plan including community volunteer committee CSS PD High The Strategic Plan Committee, which consists of members of the PD and two community members, met to brainstorm our potential new mission statement, vision statement and core values. We also discussed ways to reach out to the various Tukwila communities and other PD staff for their input. 22 Tukwila South Development Agreement Monitor thresholds and evaluate any development proposals for consistency in preparation for expiration 12/2024 (2009) DCD Med Ongoing, have met with the new COO for Segale. 4/11/2023 2023 Workplan - Goal 1 Task # Task Name Task Description Comm Dept Staff Resources 01 Update 23 Emergency Management Establish Emergency Management Plan that identifies key staff for EOC operations and training for that staff. CSS PD Med Emergency Management is prioritizing Continuity of Operations Planning (COOP) for all Departments in the City. During the quarter, EM worked with PD on first phase of planning and will work with the other departments as we move into the second quarter. 24 Code Enforcement Enforce community standards in all neighborhoods PCD DCD Med Ongoing 25 Wadajir Development Agreement Negotiate agreement for cooperative housing development on TIB (2020) PCD ED Med On hold pending information from Forterra. 26 Automated Cameras Implementation Monitor, analyze, and report on program efficacy and results CSS PD/MC Med New agreement for existing school zone cameras and new park cameras has been prepared and will be presented to Council in early 2nd quarter. School zone cameras continue to show a reduction in speed compared to violations which occurred prior to implementation of automated cameras. 27 Park Improvement Projects Park Master Planning & implementation of misc. park improvements CSS PR Med RFQ issued for park master planning, which closes April 10th. 28 Online Portal of Historical Records Digitization, redundancy and online access to Tukwila's paper historical records. (2019) AS Med No progress due to multiple large digitization projects for DCD, Public Works and Fire Marshal's Office. 29 Stewardship Update Update on joint stewardship projects- PW, Parks, DCD CSS PW/PR/ DCD Low DCD/PW/Parks staff are meeting regularly on the ongoing stewardship projects, the Directors also met this quarter. Some of the projects are Chinook winds trail/path near PW shops and Levee project related pathway/trail. 30 Rental housing licensing and inspections Administer rental housing registration and inspection program (2010) PCD DCD Low Ongoing, have met with the Transit Riders Union to explain the nature of our rental licensing program. 31 TCC HVAC Replacement As needed- based upon grants obtained or capital budget direct appropriation CSS PR Low City has retained McKinstry to assist in project scoping and assisting in securing funding. PW is Project Lead. 32 Municipal Arts Plan - Strategic Plan Update Update 2017 Municipal Arts Plan (2022) CSS PR Low Planning underway. Draft Plan anticipated Q2 2023. 33 Park User Plan Address user/park rule enforcement concerns (2021) CSS PR/PD Low Parks and PD to jointly develop a plan in Q2. 34 Update TMC Title 12- Park Rules Update references and revise park rules CSS PR Low Q4 2023-02 2024 35 Flock Safety contract License plate reading cameras that provide 24/7 monitoring and detecting reported stolen vehicles CSS PD Low Test -period for Flock is complete and has proven to be a great success. In both February and March, since Flock's installation, the PD reported more stolen vehicle recoveries than stolen vehicle reports taken. Additionally, on many occasions we have gotten evidence from the cameras that have helped with both our investigations and the investigations of neighboring agencies, including a homicide. 36 V Overlay & Repair Preserve and maintain the street structure in a safe and usable state by resurfacing. TIS PW Low Design contract has been awarded and design has started. -41/11/2023 R923 Workplan - Goal 1 ask # Task Name Task Description Comm Dept Staff Resources 01 Update 37 Bridge Inspections Ongoing program of bi-annual inspections to identify safety or repair needs of 23 bridges in Tukwila . TIS PW Low Work order has been approved and sent to King County Inspection Group. Inspections are scheduled to begin in Q2. 38 S 131st Drainage Improvements Design and replace a culvert, construct other improvements to prevent flooding of Southgate Creek (2016) TIS PW Low Design contract has been awarded and design has started. 39 S 144th Street Bridge Sidewalks Design of pedestrian improvements to the S 144th St. bridge. (Grant dependent) (2012) TIS PW Low Design contract to be awarded in Q2 or Q3 to take project to 30% design for grant application process for construction dollars. 40 S 152nd Safe Routes to School Install curbs, gutters, and sidewalks on both sides of S. 152nd St. (Grant dependent) (2012) TIS PW Low Project underway. 41 ADA Improvements Construct ADA compliant upgrades to City infrastructure in conjunction with the City's developed plan. TIS PW Low ADA work is currently incorporated into Allentown traffic calming measures. 42 d S. 119thSt Bridge/42" Ave S Raised Crosswalk Install raised crosswalk, curb bulbs, and RRFB TIS PW Low Consultant contract was awarded in early 2023; council accepted a grant from state transportation improvement board in 01. 43 Neighborhood Traffic Calming Programmatic approach to neighborhood concerns TIS PW Low On 46th Ave South, speed cushions were installed between 144th and 146th between Showalter and Foster. 44 Green River Trail Improvements Construct widened section with lights and CCTV TIS PW Low Design contract was awarded in late 2022 and design in ongoing; partial grant funded has been secured. 45 Annual Small Drainage Program Provide drainage corrections for existing issues TIS PW Low Staff is working on procuring a design consultant in Q2. 46 NPDES Program Implementation of NPDES requirements TIS PW Low Successfully hired two new inspectors in order to remain in compliance with new state laws. 47 Green the Green Revegetation efforts along waterways TIS PW Low In March, the City applied for a $40,000 Re -green the Green Grant to help support vegetation management of the NC Machinery and Southcenter Office Park restoration sites. 30 trees, 250 shrubs and 100 live stakes were planted at the NC Machinery site as part the site adaptive management program in an area of lower survival. 48 Chinook Wind Public Access/Extension Develop public access and maintenance trail TIS PW Low The design remained on hold during the first quarter, while the City awaited water quality testing results of the stormwater BMP at the adjacent Fleet & Facilities site. 4/11/2023 2023 Workplan - Goal 2 Task # Task Name Task Description Comm Dept Staff Resources Q1 Update Goal 2 — A solid foundation for all Tukwila residents Engage community and identify unmet needs Engaging hard -to -reach communities, predicting and adapting social service needs as growth continues, city internships and job shadow program, apprenticeship promotion, homelessness prevention, school district engagement 1 Connect residents to social services Ongoing provision of human services funds and leveraging of partnerships on behalf of residents (non-COVID related). CSS AS Med In Q1 Human Services provided $10,687 in non - COVID rental assistance and $3,632 in non-COVID utility assistance. 2 Tukwila Technology Digital Equity Initiatives Plan WiFi build out and implement innovative solutions (2017) F&G AS Med Grants funds received for Proof of Concept of a PrivateLTE network to meet student connectivity needs. 3 Ongoing Monitoring of Tiny House Village Operations Enforce the conditions in the MOA PCD DCD/ PW/AS Med Community meetings are ongoing. 4 City of Tukwila Leadership Initiative Program (formerly Community Connectors) Program to elevate and support community leaders from groups historically underrepresented in civic process. (2021) CSS AS Med On hold until new Inclusion & Engagement Manager starts mid-April. 5 Future of School Resource Officers Dialogue with District, Foster and Showalter Students around future of program. (2020) CSS PD Med Proposed agreement is pending presentation to the Tukwila School Board. Upon finalizing of the agreement, the PD will look into a hybrid approach for re-engaging SRO's with the schools, as staffing shortages will prohibit assigning them full-time. 6 Summer Engagement & Enrichment for Kids (SEEK grant) Provide expanded recreation program opportunities and scholarship funding for youth and teens. (2021) CSS PR Med Planning underway for Summer 2023 programming. CSS received briefing on 3/27/23. 7 Review allocation of HB 1406 Funds Review allocation of HB 1406 funds with the Council - currently split 90% for rental assistance and 10% for SKHHP capital projects - to determine whether updates should be made. CSS AS Low Council agreed to change the allocation of HB 1406 funds to 70% for SKHHP and 30% for Tukwila rental assistance. IV x/11/2023 23 Workplan - Goal 2 Task # Task Name Task Description Comm Dept Staff Resources Q1 Update 8 Internship/Job Shadow & Apprenticeships Program Summer high school internship and job shadow program. (2018) AS Low Work will initiate Q2. 9 RASKC (Regional Animal Control Services of King County) Engagement and collaboration with the agency that provides animal control and pet licensing for the City. (2010) AS Low On-going collaboration with RASKC to promote and encourage pet licensing in Tukwila. Kick-off of the new "License for Love 2023" pet licensing campaign. This promotion offers to waive pet owner late fees for expired licenses to allow anyone who has fallen behind or forgotten to renew to be forgiven the additional fees. 10 Community Business Connectors Monitor and assess partnership opportunity, which is sponsored by the Port of Seattle and the Seattle Metropolitan Chamber of Commerce and intended to provide navigators to help small businesses with recovery. PCD ED Low Seattle Chamber hired the Connectors and anticipates contracting with City in Q2. 11 Utility Discounts Provide discounts to qualifying low income/senior customers; additional support provided through Human Services after review. FIN/AS Low In Q1 Human Services provided $3,632 in non - COVID utility assistance. 12 Court Programs Develop and/or expand programs including DV MRT, DV MRT - Spanish, Teen Court, Evening Courses, MRT) MC Low In Process. 13 Community Court Joint collaboration with SeaTac Municipal Court. MC Low Sea Tac and Des Moines have decided not to move forward with a joint community court. Tukwila will continue to move forward with forward thinking program that will address restorative justice. Concept will be presented during Judge Walden's State of the Court Address to the Council. 4/11/2023 2023 Workplan - Goal 2 Task # Task Name Task Description Comm Dept Staff Resources Q1 Update 14 Unified Payment (UP) Program Expand program to include participation of the municipal courts in Pierce County MC Low On hold. Pierce County CUs are in the first phase of implementing the new CU Case Management System, so new programs are not being considered at this time. 15 Distribute COVID response funds per Council's amended 2022 budget Provide rent and utility assistance to residents impacted by COVID. (2021) AS Low No COVID-specific funds were utilized in 01 due to King County having a final round of Eviction Prevention Rental Assistance available and ineligibility due to previous receipt of significant rental assistance. 16 Senior & Veteran levy funding implementation Provide expanded recreation and engagement opportunities to Tukwila seniors with 2023 funding allocation (2019) CSS PR Low Underway. Council approved KC grant funding agreement on 3/20/23. Leverage housing partnerships and collaboration Housing Comprehensive Plan, Regional Affordable Housing Task Force, South King County Housing & Homelessness Partnership, affordable housing incentives 17 Multi -family Tax Exemption Update MFTE program to consider other neighborhoods (2021) PCD ED High Scheduled for discussion at PCD in Q2. 18 Middle Housing Middle housing recommendations and new regulations. PCD DCD Med Have contracted with Makers for this work, outreach and policy analysis has started. 19 Minor Home Repair Program Continue to provide minor home repair assistance to qualified residents. CSS AS Med Staff provided 26 hours of assistance for Minor Home Repair. 20 Regional partnerships and meetings See regional partnerships list - attached ALL Med Ongoing. 21 SKHHP Continue work with SKHHP. PCD Low Staff attending monthly SKHHP staff meetings. 22 Tukwila Village Community Development Association (TVCDA) Position TVCDA for self sufficiency (2022) and finish parking management plan. PCD ED Low On hold. Will continue as time permits. IV .p 4/11/2023 23 Workplan - Goal 3 ask # Task Name Task Description Comm Dept Staff Resources Q1 Update Goal 3 — A Diverse and Regionally Competitive Economy Advance Tukwila's economic vitality Economic Development Plan, regional infrastructure projects, business relationships 1 Economic Development Strategy Create an economic development strategy for the City (2022) PCD ED High On hold during 01. Will restart and complete in Q2. 2 Transportation Demand Management Perform outreach to increase use of alternate travel modes, assist employers with commute trip reduction programs T&I DCD Med Ongoing, have contracted with Port Jobs to support TDM outreach at the airport. It will be funded by our WSDOT Regional Mobility Grant. 3 Business Contacts Database Create a database of business contacts for economic development and emergency management purposes. PCD ED Med Scheduled to start in Q3. 4 Wayfinding Plan Develop wayfinding plan for the city to attract visitors (2022) PCD ED Med On hold until time permits. 5 Business Recovery from COVID-19 Monitor opportunities to support business recovery from the pandemic, including use of ARPA funds. (2020) PCD ED Low Monitoring opportunities. Scheduled to start small business support program in 44 or as time permits. 6 Tourism Marketing Lead and manage the City's tourism marketing program including staffing the Lodging Tax Advisory Committee, coordinating funding applications, and monitoring the tourism promotion area. PCD ED Low Approved funding request for Starfire Sports. 7 Port of Seattle Grant Coordinate Port of Seattle economic development grant (2022) PCD ED Low Will fund the Seattle Chamber's Community Business Connector program. 8 Smart City Initiatives Coodinate on Grant Funding for Smart City Initiatives. Partner w/ Internet Service Providers to increase diversity. Complete Broadband Study. PCD TIS Low Grants funds received for Proof of Concept of a private LTE network to meet student connectivity needs. Working with an ISP to increase diversity. Broadband study is on hold. 4/11/2023 2023 Workplan - Goal 4 Task # Task Name Task Description Comm Dept Staff Resources Q1 Update Goal 4—A High Performing and Effective Organization Ongoing innovation of organizational systems Phase 1 of Public Safety Plan implementation, technology-based efficiencies, internal workforce diversity, employee development and professional growth process Public Safety Plan 1 Public Works Shops Phase 1 and Phase 2 Develop new facilities for public works shops, finish improvement of Fleet & Facilities building, planning for phase 2. (2016) TIS PW High Roofing update near completion on Fleet and Facilities building; Design contract for Phase II will be presented to Council in Q2. 2 Facility Master Planning Develop a capital facilities plan and processes that includes a review and plan for city facilities; including maintenance, repairs, replacement and real estate strategies. F&G MO High Ongoing. Staff has a draft RFQ that is being reviewed internally. Technology Based Efficiencies 3 ERP implementation Phase 2 of project implementation includes payroll, ACH payments to vendors, purchasing improvements, grants and contracts modules, and continued building of reports (2021) FIN High Payroll and HR implementation is well under way. Grant module has been implemented and in process of adding current grant information to the module. 4 Public Records Request Reporting Required reporting of Public Records Request metrics to JLARC (Washington State Joint Legislative Audit and Review Committee). (2018) AS Med 2022 data and logs have been submitted by Citywide staff; Data cleaning and standardization for calculating metrics will begin in Q2. 5 Maintenance of TRAKiT software and permit status reporting Ongoing process improvements for online permit application and electronic plan review system (2020) PCD DCD Med Update of all 2023 fees including an entire new schedule for Fire permits and new fees and codes for Public Works permits. Working closely with Rachel Bianchi on her Permitting/Customer Service Initiative. 6 PC Refresh Refresh City Laptop and Rugged Tablets. F&G AS Med Laptop / Tablet refresh is planned for Q3. IV 4/11/2023 23 Workplan - Goal 4 *ask # Task Name Task Description Comm Dept Staff Resources Q1 Update 7 Information Security / Continuity Enhance the risk posture to align to current environment with best processes deploying: City Wide Multi -factor Authentication, Automated insider threat assessments and training, Security Event and Incident Management (SEIM) monitoring, Email Security Gateway, Managed Endpoint Security Service. Conduct Annual Risk Assessment. Complete Disaster Recovery Planning exercise. AS Med Security and Incident Management monitoring tool have been deployed. An email Security Gateway has been deployed to reduce the phishing and malware threat vectors. Automated Insider Threat assessment and training has been deployed. 8 Tukwila Works Reestablish Tukwila Works, an app and web based way for community members to report non emergency issues. Implement a internal portal for staff to report problems w/ city facilities or assets. (2017) CSS AS Med Ongoing. 9 NeoGov Implementation Develop and agree to an implementation plan that includes the following modules: CORE, Time&Attendance, Benefits, eForms, as a part of the overall ERP implementation. (2021) AS Med In process. Completing data discovery for CORE, Time & Attendance and Benefits, and firming up timeline to align with the ERP Payroll implementation. 10 GET -IT - Government Electronic Technology Initiative for Tukwila Digitization and online access to (1) High -retrieval DCD permit and land use records; (2) Public Works As- Built drawings; (3) Fire Marshal's Office records for transparency and fulfillment of public records requests. (2015) AS Med DCD Permits — Digitized and reviewed 30,037 images (or 558 records) for inclusion to the Digital Records Center for public access. Public Works As-Builts — Digitized and reviewed 1,002 images (or 119 records) for integration with the GIS mapping interface. Fire Marshal's Office records — Digitized and reviewed 45,324 images (or 1,918 records) for inclusion to the Digital Records Center. 4/11/2023 2023 Workplan - Goal 4 Task # Task Name Task Description Comm Dept Staff Resources Q1 Update 11 GIS Continue to build out Online GIS environment to support self service, provide mentoring and training opportunities for staff to utilize GIS tools, and continue to enhance Enterprise GIS services. (2017) F&G AS Low Tukwila internal imap (with utilities) has been transitioned to portal. Users are being introduced to web apps and dashboards, and field apps are available. Quarterly cross departmental meetings are held to collaborate and encourage peer to peer learning and sharing of information. 12 Personnel records digitization Develop and implement a process to digitize personnel records currently in paper format. F&G AS Low Scheduled to initiate Q3. 13 Court Appearance Text Reminders Improve access to justice by sending reminders about upcoming court appearances via text MC Low In development process. Goal is to make this operational by May 1st. 14 Improve Interpreter, Witness & Juror Payment Process Create a more efficient payment process for paying jurors, witnesses and interpreters for their services using the Zelle platform. MC/FIN Low Process has been identified and configured in ERP system. Waiting for bank to finish process on their end so we can begin using this process. 15 Safe City contract Scheduling software for all PD divisions, especially for Patrol Division when it comes to shift bidding, vacation requests, work schedules, etc. CSS PD Low Resolution to approve an interlocal agreement with NPPgov drafted and scheduled for presentation with CSS. This interlocal agreement is a prerequisite for a partnership with SafeCities. Once the resolution is adopted, the pre -negotiated agreement with SafeCities will be routed for review and execution. 16 Police Department Records Digitization Digitization of case reports, homicide files, and ID files in hard copy format CSS PD Low No digitizing of records in 1st quarter, due to staffing shortage. New staff are in training and should be able to resume digitizing of records by the end of 2nd quarter. Long Term Financial Health 17 Long-term financial sustainability plan Develop long-term financial sustainability plan, with stakeholder input, in preparation for the next biennial budget. F&G FIN High RFP in process of being drafted. IV C/11/2023 23 Workplan - Goal 4 n ask # Task Name Task Description Comm Dept Staff Resources Q1 Update 18 Implementation of the B&O Perform outreach to businesses, coordinate stakeholder engagement, and implement staffing and procedures to administer the new tax. F&G FIN High Staff position number 1 has been scoped and is expected to be posted early April. 19 Implement new minimum wage provisions Develop and finalize rules, implement and enforce minimum wage and other provisions. F&GHigh FIN, MO AS Draft rules published, outreach to employers and worker organization complete, Q&A opportunities held for all stakeholders. 20 Labor contract negotiations Four Teamster bargaining units' Collective Bargaining Agreements expire December of 2022. (2022) AS High Ongoing. 21 Property Sale - George Long Coordinate sale. ED High Continued negotiations to sell to County. 22 Property Sale - Longacres Coordinate sale or lease. F&G ED High Explored deal terms with potential purchaser. 23 Non -Rep Comp Survey Update non -rep compensation; previously frozen due to COVID. (2019) F&G AS High In Process. 24 TCC Business Plan Update on TCC operations P&R Med Q3-04 2023 25 Self-insured healthcare plan Monitor and update self insured health care plan as needed; ongoing administration. AS Med Ongoing. 26 Foster Golf Links - Business Plan Update on FGL operations CSS PR Med RFQs reviewed. National Golf Foundation selected. Contract execution underway. 27 Solid Waste Contract Implementation Implement new contract. (2022) TIS PW Med Staff is currently recruiting for a new solid waste contract manager. 28 Compost Procurement Ordinance Implement new ordinance per state law (2022) TIS PW Med Approved by the council in 01. 29 Update impact fee rates Annual update to fire and park impact fee rates F&G FIN Med Scheduled for 4th quarter. 30 Budget amendment ordinance Annual process to adjust the adopted 2023-2024 biennial budget. F&G FIN/ALL Med Scheduled for 3rd and 4th quarter. 31 Property Sale - Newporter Coordinate sale as time permits F&G ED Med Coordinate when time permits 32 Property Sale - HealthPoint Monitor sale process through closing in June 2023 ED Low Monitor sale process through closing in June 2023. 33 Property Disposition - Old 52 Determine disposition of former Fire Station 52. (2021) F&G AS Low On hold. 4/11/2023 2023 Workplan - Goal 4 Task # Task Name Task Description Comm Dept Staff Resources Q1 Update 34 Benefits Update Update benefits as needed; ongoing administration. AS Low Ongoing. 35 Teamsters Salary Survey Salary survey for two bargaining units from previously -agreed contracts. (2018) F&G AS Low Scheduled to finish Q2. 36 Property Sale - Old Allentown FS Coordinate sale after 2023 F&G ED Low Coordinate sale after 2023 37 Property Sale - Old FS 51 Coordinate sale after 2023 F&G ED Low Coordinate sale after 2023 38 Property Sale - Minkler Coordinate sale after 2023 F&G ED Low Coordinate sale after 2023 39 ARPA Reporting and Analysis Data review, analysis, and reporting for ARPA related transactions. FIN Low Scheduled for 2nd quarter 40 Purchasing Policy Review and update policy if needed. F&G FIN Low Staff researching policy proposals for consideration. 41 Debt Policy Review and update policy if needed. F&G FIN Low On hold. 42 Tax levy legislation Annual process to set the tax levy rate for the following fiscal year. F&G FIN Low Scheduled for 4th quarter. 43 False Alarm Billing Contract for false alarm billing administration (2022) CSS PD Low Daily data transfer process completed, waiting for partner to conduct QA and suggest any required refinements. Final steps include approving public - facing correspondence, public marketing campaign, and review of admin portal. Equity and Diversity 44 Equity Policy Implementation Ongoing implementation of City Equity Policy. 2023 priorities include operationalizing the racial equity toolkit and equitable outreach guide, providing enhanced language access for the community and developing a GIS -based Tukwila Equity Index. (2017) CSS AS/ALL High 2023 priorities have been identified, presentation given to Council and Equity and Social Justice Commission on the four priorities. Subcommittees have been formed around each priority and planning and implementation has begun. Other 45 Update HR policies Update HR policies, many of which are quite out of date. AS Med Policies being updated as staffing allows. 01 -41/11/2023 23 Workplan - Goal 4 n 'bask # 46 Task Name Task Description Comm Dept Staff Resources Q1 Update Government Relations Monitor Federal, State and Local legislation and policies to include annual legislative agenda adopted by Council. Execute strategies to achieve the City's government relations goals. F&G AS Med Ongoing. 47 Board & Commissions Staff support of community advisory bodies All Med Ongoing. 48 Strategic Plan Update Begin planning for update to City Strategic Plan in 2024 MO Low Q3-04 2023/2024 49 State of the Court Address Presiding Judge's annual update to City Council on the operations and programs of the Tukwila Municipal Court. MC Low Scheduled for May 15. 50 Obsolescence Planning Present technical obsolescence plan for future budget planning F&G TIS Low Not started. 51 City Council Biennial Rules Update Review and update City Council Rules to align with current/best practices F&G CNCL Low City Council held workshop on 3/13 to discuss potential updates; staff working on draft to present in Q2 following legal review. 52 Board & Commission Process Review Present current procedures to Finance & Governance Committee for input F&G MO Low Current process and policy was presented to committee on March 13. Staff is scheduled to present proposed updates to the Equity and Social Justice Commission for review in Q2. 4/11/2023 2023 Workplan - Goal 5 Task # Task Name Task Description Comm Dept Staff Resources Q1 Update Goal 5 — A Positive Community Identity and Image Promote and celebrate City identity Effective multi -channel communication, Community Connectors, Police Department Community Policing Team, Night Out Against Crime, community image 1 Juneteenth event Plan and implement event to celebrate Juneteenth. (2021) AS/P&R High Event planning has begun. Event to take place on June 17, 2023. 2 See You in the Park Events used to gather and engage with the community in Tukwila Parks PR High Proposed Special Events Plan under review by staff. Preparations underway. Finalized by April 21. 3 Night Out Against Crime August - designed to heighten crime prevention awareness, increase neighborhood support in anti-crime efforts, and unite our communities. PD High Registration has been posted for neighborhoods to sign up on social media with several interest. Starbucks and Lowe's have reached out with interest. We ordered some "cool stuff" to hand out to the public. 4 Communicating with our community Review and consider changes to communications vehicles, including Channel 21 and potential options. (2022) F&G AS Med Ongoing. 5 Experience Tukwila Lead and manage the tourism marketing program to boost the City's image PCD ED Med Ongoing. The City has been doing promotion on social media and with the Seawolves to promote the City. 6 Police Dept. Community Liaison Team Homeless outreach and community engagement efforts. PD Med PD, Parks, and Public Works continue to work together with homeless outreach, engagement, and clean-up. Our Co -Responder program continues to be a valuable asset when working with our homeless population and partnering with the Salvation Army. 7 Shopping Cart Ordinance Develop and implement an ordinance relating to shopping carts to reduce derelict carts in the community. CSS PD Med Ordinance is paused as we discuss pending outreach with stakeholder businesses. 8 Recreation Program Planning and Implementation Develop and implement programs and activities in City park facilities. CSS PR Med Program planning underway. CSS to be updated at Q2 P&R Briefing 9 V Green Tukwila Report on restoration activities involving residents and community organizations CSS PR Med CSS Updated on 3/27/23. Next Q2 P&R Update anticipated June 2023. x/11/2023 23 Workplan - Goal 5 n 'Task # Task Name Task Description Comm Dept Staff Resources Q1 Update 10 1% Art Implementation Update on public art installations and events for 2023 CSS PR Med CSS will be briefed at Q2 P&R Update 11 Ongoing support of block watches Providing mentoring and resources for neighborhood blockwatch communities. PD Low A variety of informational handouts for future meetings have been created. The Community Engagement Coordinator (CEC) presented Watch Groups to multiple apartment complexes and gave a presentation to organize a Community Watch Group. The CEC tagged along with Renton to see how they operate. 12 Website content refresh Update and refresh website content. (2021) AS Low Departmental webpages being updated as time allows. 4/11/2023 2023 Workplan - City Communications Communication Recipients Frequency Hazelnut newsletter All physical addresses in Tukwila; access for all at TukwilaWA.com Every other month Annual Report All physical addresses in Tukwila February edition of Hazelnut eHazelnut Email subscriber list Last Monday of the month Twitter Tukwila Twitter followers; access for all on Tukwila's Twitter page online; PD, City, Parks Same day for breaking info; Earlier if notification of upcoming event Facebook Tukwila Facebook "likes"; access for all on Tukwila's Facebook page online Same day for breaking info; Earlier if notification of upcoming event City Website Access for all at TukwilaWA.com Generally items from Twitter/Facebook posted on website the same day Channel 21 Comcast customers Updated after council meetings Video On Demand On City website - all committee and council meetings Updated after council meetings Parks & Recreation enewsletter Newsletter geared towards Park & Recreation programming; Email subscriber list First week of the month Tukwila Tracker Social media content shared on PD website and by email Updated with social media content N 01 01 4/11/2023 N 2023 Workplan - Definition Key 01 CD Departments AS Administrative Services DCD Department of Community Development ED Economic Development FIN Finance MC Municipal Court MO Mayor's Office PD Police Department PR Parks & Recreation PW Public Works 4/11/2023 Staff Resources High Significant effort of several staff, cross department, especially director level involvement Med Moderate effort of several staff, may involve director Low Ongoing work, not cross department 2023 Workplan - Regional Partnerships List Organization Purpose Frequency of Mtgs Dept 4Culture Cultural Services agency for King County committed to preserving shared heritage and creating arts and cultural opportunities for residents and visitors. Monthly Parks & Recreation American Payroll Association Stay apprised of new legislation, practices and policies Annual Finance American Public Works Association (APWA) APWA is an international educational and professional association serving Public Works professionals where they can exchange ideas, improve professional competency, increase the performance of their agencies and companies, and bring important public works -related topics to public attention in local, state and federal arenas. Each year there is a Spring Conference & a Fall Conference. Develop and update General Special Provisions (GSPs) to meet Local Agency needs and input that complement materials specifications of the WSDOT/APWA Standard Specific - tions. Obtain pre -approval of Materials GSPs for FHWA-funded projects, aided by WSDOT Highways & Local Programs staff. Twice a year Public Works American Water Works Association (AWWA) Established in 1881, AWWA is the largest nonprofit, scientific and educational association dedicated to managing and treating water, the world's most important resource. AWWA provides solutions to improve public health, protect the environment, strengthen the economy and enhance our quality of life. Monthly Public Works Association of City & County Informations Best Practice and Information sharing among municipalities Monthly Administrative Services Association of City/County Information Systems (ACCIS) Networking and training opportunity with peers from other government agencies Ongoing as needed Administrative Services Association of Records Managers and Administrators (ARMA) To broaden the profession of records management and information governance Ongoing as needed Administrative Services Association of Washington Cities (AWC) Represent cities at the state level; Councilmember Hougardy currently serves on the AWC Board. Annual conferences; Various meetings Mayor's Office Council Association of Washington Cities (AWC) Drugs & Alcohol Consortium City's CDL Random Drug Screen Program - AWC Drug & Alcohol Consortium helps members stay in compliance with federal drug and alcohol testing requirements. Our pool of more than 1,500 drivers and safety sensitive employees makes the D&A Consortium the right choice for employers large and small. Monthly to Quarterly Administrative Services Association of Washington Cities (AWC) Retro Program AWC Workers' Comp Retro Program provides training and tools that empower employers to lower risks for on-the-job injuries. Our focus on injury prevention and safety reduces your overall workers' compensation costs. Members participate in our Retro Pool or the Safety Alliance. Bi -weekly Administrative Services Bicycle Pedestrian Advisory Committee Group focused on regional non -motorized transportation DCD N 01 -/11/2023 R923 Workplan - Regional Partnerships List 01 03 Organization Purpose Frequency of Mtgs Dept Cascade Water Alliance (CWA) CWA's mission is to provide water supply to meet current and future needs of our members in a cost-effective and environmentally responsible manner through partnerships, water efficiency programs, acquiring, constructing and managing water supply infrastructure and fostering regional water planning. Cascade is a municipal corporation comprised of seven municipalities (five cites and two water and sewer districts) in the Puget Sound region that joined together to provide safe, clean, reliable water supply to its 350,000 residences and more than 20,000 businesses. The Mayor sits on the Administrative Board and the Resource Management Committee. Monthly Board & Committee Meetings Mayor's Office Council Public Works Central Puget Sound GIS Usergroup Share best practices related to GIS Quaterly Administrative Services Community Connectivity Consortium (Fiber) Share detail related fiber assets w/ Puget Sound Municipalities Quaterly Administrative Services Duwamish Alive! Coalition Supports various restoration and educational activities throughout the watershed DCD Duwamish Alive! Coalition Duwamish Alive collaborates with the community, municipalities, non -profits, and businesses within the Duwamish River Watershed to preserve and enhance habitat for people and wildlife, towards improving health of the Puget Sound. Monthly Parks & Recreation Duwamish Shoreline Restoration Challenge The City has partnered with Forterra, BECU, City, CBRE to improve the shoreline environment DCD Emergency Management Advisory Council (EMAC) for King County EMAC advises, assists, reviews, and comments on emergency management and homeland security issues, regional planning, and policies. They measure and prioritize core capabilities, and recommend homeland security allocations and work products to sustain and enhance preparedness and operational levels. Members, as set forth in code, provide regional and multi- discipline perspective, and represent cities, fire service, law enforcement, hospitals, the Port of Seattle, government, special purpose districts, tribes, utilities, non-profit agencies, and the private sector. Monthly Police Firemen's Pension Board Review claims and provide support to retired firefighters who qualified for a pension prior to 1971 Quarterly Mayor's Office Council Administrative Services GARE — Government Alliance on Race and Equity National network of government working to achieve racial equity and advance opportunities for all Annual conference; ongoing opportunities to engage Administrative Services All Departments Government Finance Officers Association (GFOA) Washington Finance Officer Association (WFOA) Puget Sound Finance Officer Association (PSFOA) National Organization to enhance finance knowledge and networking State affiliate of GFOA Regional affiliate of WSFOA GFOA & WFOA annual, PSFOA monthly. In addition, both GFOA and WFOA offer classes throughout the year Finance 4/11/2023 2023 Workplan - Regional Partnerships List Organization Purpose Frequency of Mtgs Dept Greater Seattle Partners Public-private economic development partnership encompassing King and Snohomish counties. Quarterly Mayor's Office Council Green Cities Partnership Forterra works in partnership with local municipalities to develop achievable goals, shared visions, long-term plans, and community- based stewardship programs to care for the valuable forests and natural areas in our urban environments. Monthly Parks & Recreation Green the Green Partnership Project Partnership with Forterra, King County Noxious Weeds, and other local jurisdictions to identify and fund weed control and revegetation efforts along the Green River DCD Green Tukwila Partnership Partnership with Forterra to develop 20 -year plan for stewardship and conservation of Tukwila urban forests DCD GREI - Governing for Racial Equity and Inclusion Regional group of public agencies working on diversity, equity and inclusion Every Other Month Administrative Services Haz Waste Q1 City & Tribal Staff Meeting Regional coalition working to protect public health and the environment by serving as a clearinghouse for recycling and waste -related issues Quarterly DCD Highline Forum Focused on airport -related issues; Port of Seattle coordinates meetings Every Other Month Council HRCI (Human Resource Certification Institute) Provides credentialing for HR Professional who have mastered the HR body of knowledge and competencies. Quarterly Administrative Services Human Services Funding Consortium S, N, E King County cities cohesive 17 city funding application, quarterly bills Quarterly Administrative Services I-405/SR 167 Executive Advisory Group A WSDOT committee focusing on 1405/SR 167 transportation issues Quarterly Mayor's Office ICMA (International City/County Management Association) WCMA (Washington City/County Management Association) King County City Managers/City Administrators International City Manager/Administrator professional organization State affiliate of ICMA County Affiliate of WCMA Annual conferences; Local affiliate meets monthly Mayor's Office International Association of Property and Evidence (IAPE) Provides education in property and evidence handling and storage. Serves as a forum for evidence technicians to gain and share information Twice a year Police International Council of Shopping Centers Focused on issues regarding large retail properties Annual conferences; local affiliate meets quarterly Mayor's Office International Institute of Municipal Clerks (IIMC)Ongoing To promote continuing education and certification through university and college based institutes to its members worldwide. as needed Administrative Services International Public Management Association for Human Resources (IPMA — HR) This program is a non profit, educational organization to establish for fostering and developing sound policies and practices in public human resource management. Currently, Juan is the VP and developing the Washington State Chapter. Monthly to Quarterly Administrative Services N 01 C/11/2023 R923 Workplan - Regional Partnerships List 0) O Organization Purpose Frequency of Mtgs Dept Jewish Family Services of Seattle - Job Referral and CLEVER Program Partner with Economic lntergration Manager to helps refugees, immigrants and asylees to become economically, socially and civically integrated in South King County community. Collaborate employment workshops and job referral resources. Monthly Administrative Services Joint Tukwila/Burien/SeaTac Human Services Providers Coordination, networking of contracted providers Quarterly Administrative Services King County Cities Climate Collaboration (K4C) Collaborate to support projects and programs in areas such as green building, using and producing renewable energy, sustainability outreach and education, and alternative transportation Periodic Attendance DCD King County Economic and Revenue Forecasting Group Organized by Dave Reich, King County Economist, to share economic information among Puget Sound area cities Monthly Finance King County Emergency Managers Members coordinate planning efforts related to EM. Monthly Police King County Flood Control District Advisory Committee Advises and provides policy and budget recommendations to the District Flood Control Board Quarterly Mayor's Office King County Growth Management Planning Council Collaboration on framework policies to guide development of comprehensive plans Every Other Month Council King County Housing and Community Development Consortium Make funding recommendations on state, county federal funds Bi -Annually Administrative Services King County Joint Recommendations Committee Interjurisdictional body provides recommendations on funding/policy for KC partner cities Quarterly/as requested Council Administrative Services King County Park & Rec Directors Group A networking group of P&R Directors/Managers in K.C. that meet quarterly to discuss issues. Parks & Recreation King County Planning Directors A networking group that shares information on Countywide issues Monthly DCD King County Play Coalition A partnership dedicated to ensuring that all children in King County enjoy the proven health benefits of physical activity. Monthly Parks & Recreation King County Police Chiefs and Sheriffs Association Collaboration between all law enforcement agencies within King County. Exchange information and discuss policies as well as provide training. Monthly Police King County Regional Transit Committee Makes recommendations to King County Council on County - operated public transportation policies and plans King County Veterans, Seniors and Human Services Staff participates in a group that works to provide equitable services for seniors. Monthly Parks & Recreation King County Work Source - Veteran's Job Referral Program Partner with Work Source employment specialist to increase awareness and employment resources for military veterans, disable veterans, and military transitions. Attend Career Fair events and assist with job referrals as needed for South King County community. Quarterly Administrative Services Laserfiche and Cities Digital Ongoing training, upgrades, and solutions associated with the City's Electronic Content Management System (Laserfiche/Digital Records Center). Monthly to Quarterly Administrative Services 4/11/2023 2023 Workplan - Regional Partnerships List Organization Purpose Frequency of Mtgs Dept Legislative Youth Advisory Council (LYAC) The Legislative Youth Advisory Council (LYAC) is a nonpartisan youth -led committee empowered by state law to represent the official voice of Washington youth to the Legislature. Each year, a select group of 14-18 year old students from a diverse range of political, geographic, and socioeconomic backgrounds are appointed to the council by the Lt. Governor's Office. Parks & Recreation Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) MWPAAC is a consortium of local jurisdictions delivering wastewater to KCDNR Waste Treatment Division (WTD) for the treatment of raw sewage. Representatives meet month- ly to cover issues relevant to the waste disposal contracts and other regional issues such as reclaimed water, Infiltration/Inflow, and regional conveyance. Regularly Public Works National League of Cities Represent cities at the national level Annual conferences; Various committees Mayor's Office Council National Public Employers Labor Relations Association (NPELRA) National organization with goals and objectives similar to the local association. Quarterly Administrative Services National Recreation and Parks Association (NRPA) National association of parks and recreation professionals and advocates dedicated to advancement of public parks, recreation and conservation. Parks & Recreation NTIA National Telecommunications and Information Administration NTIA is the Executive Branch agency that is principally responsible for advising the President on telecommunications and information policy issues Ongoing as needed Administrative Services Professional Golf Association (PGA) of America PGA of America is the world's largest sports organization, comprised of 27,000 men and women golf Professionals who are the recognized experts in teaching and growing the game. Parks & Recreation Puget Sound Partnership Accelerating science -based effort to protect and restore Puget Sound Quarterly Council DCD Puget Sound Regional Council (PSRC) Partnership of cities, counties, ports, federal, state and regional transportation agencies, railroads and trucking interests, intent on solving freight mobility problems with coordinated solutions. Grant program that supports transportation projects in smaller towns and cities in rural areas of the region. The KCPEC reviews local agency prioritized projects and recommends the top competing projects to the King County members of the PSRC's Transportation Policy Board (TPB) for review and approval. Mayor Ekberg serves on the Executive Board. Monthly Board Meetings; various subcommittee schedules Mayor's Office Council Rave Foundation The RAVE Foundation is the community based Foundation that represents the Seattle Sounders. (From website) RAVE Foundation envisions a region abundant with opportunities for free play, where we all work together to use soccer as a vehicle to foster wellness, inspire learning, and strengthen connections to community. Regularly Parks & Recreation N CD -41/11/2023 R923 Workplan - Regional Partnerships List 0) Ni Organization Purpose Frequency of Mtgs Dept Refugee Forum Education, networking on refugee issues Monthly Administrative Services Regional Affordable Housing Task Force Advise on housing affordability issues DCD Regional Animal Services of King County (RASKC) To improve pet licensing and other marketing efforts. Monthly to Quarterly Administrative Services Regional Housing Repair Group Education, networking Annually Administrative Services SCL Rate Review Panel Provide input to SCL's six year strategic plan. Annually Public Works SCORE Jail Executive Board Finance Committee CIO Forum A regionally owned jail in of which Tukwila is an owner City. The Mayor serves on the Administrative Board. Finance Director serves on Finance Committee. TIS Deputy Director serves on the CIO Forum. Monthly Mayor's Office Finance SeaTac Airport Stakeholder Advisory Roundtable (StART) Focused on airport -related issues Monthly Mayor's Office Council Seattle City Light Habitat Enhancement Creston-Duwamish Stakeholders Committee Study by SCL to test different vegetation management methods on sites in Tukwila and Seattle under the power corridor; data will be collected over the next several years with plan to implement findings throughout SCL corridors DCD Seattle Southside Chamber of Commerce Local chamber of commerce As needed Mayor's Office Council Seattle Southside Regional Tourism Agency Focused on increased overnight stays at SeaTac, Tukwila, and Des Moines Monthly Mayor's Office Society for Human Resource Management (SHRM) A national organization that provides resources for HR Professionals nationwide. Quarterly Administrative Services Sound Cities Association (SCA) SCA Public Issues Committee (PIC) Represent King County cities in regional issues Recommend policy positions and regional appointments to the SCA Board. Councilmember Quinn currently serves on the the Board. Monthly PIC meetings; Monthly Board meetings; Mayor's Office Council Sound Transit Build and manage high capacity transit in the Puget Sound region As needed Mayor's Office Administrative Services Soundside Alliance for Economic Development Broad economic development focus in the south King County region Monthly Mayor's Office Council South King Council of Human Services Education, advocacy, networking Annually Administrative Services South King County Area Transportation Board Area elected receive information on South KC transportation meetings DCD Council South King County Cultural Association SoCo provides advocacy, collaborative marketing, networking opportunities and professional development for our members. Bi -Monthly Meetings Parks & Recreation South King County Human Services Planners (regional) Coordination of services, joint planning and delivery Monthly Administrative Services South King County Joint Planners and Developers Collaborative group of planners and developers to talk about housing isses in South King County — Quarterly DCD South King County planners monthly meeting (SoKiHo) Regional group to discuss the unique plannng issues of South King County Monthly DCD South King County Senior Center Directors A networking group that discusses issues affecting seniors living in South K.C. Monthly Parks & Recreation South King Housing and Homelessness Partners Work collaboratively with other South King County jurisdictions to address affordable housing and homelessness. Monthly Council 4/11/2023 2023 Workplan - Regional Partnerships List Organization Purpose Frequency of Mtgs Dept Technical Advisory Committee Provide direction on Metro's Long Range Transportation Plan DCD Tukwila King County Work Source - CLEVER Program Opportunity to establish a list of employment and training programs to increase awareness, resources, and workforce services in the South King County community. Partner with Work Source employment specialist to help higher skilled refugees find jobs that fit their skills and training through Washington's CLEVER (Career Ladders for Educated and Vocationally Experienced Refugees) program. This program is to develop a career path plan for their short and long term goals in order to get back into their chosen career. Monthly Administrative Services Tukwila School District Continuing Technical Education Board Ensure CTE programs allign to student and industry needs. Monthly Administrative Services Tukwila School District Providers Meeting Collaboration and coordination on services to kids and families Every Other Month Administrative Services United States Conference of Mayors The United States Conference of Mayors is the official non- partisan organization of cities represented by the elected Mayor. Mayors contribute to the development of national urban policy by serving on one or more of the conference's standing committees. Conference policies and programs are developed and guided by an Executive Committee and Advisory Board, as well as the standing committees and task forces which are formed to meet changing needs. Annual Meeting & Annual Conference Mayor's Office Urban Forestry Forum County group to discuss the shared vision for forest cover and forest health, and associated implement strategies. Quarterly DCD Urban Land Institute Nonprofit research and education organization that facilitates information and experience on land use practices and policy Annual conferences Mayor's Office US Bank Procurement Group Stay apprised of new policies, practices; share information Annual Finance Utility Finance Officers (UFO) Enhance knowledge, exchange information with utility districts and other utility providers Quarterly Finance Valley Cities Technology Group Department Directors meet to discuss common issues, network and share data. Line staff are invited for specific topics Administrative Services Valley Civil Disturbance Unit Valley Agencies (Kent, Renton, Tukwila, Auburn, Federal Way, and Port of Seattle) each have a team of 15-20 personnel of all ranks. The teams deploy and train together to handle large scale disturbances, crowd, and riot control. Twice a year Police Valley Communications Valley Communications Operations Board Valley Communications Finance Committee Valley Communications Advisory Committee for Technology (ACT) Regional 911 center for South King County. Mayor serves as the Chair of the Administrative Board. Police serves on the Operations Board that creates policy and provides operations oversight. Finance Director serves on the Finance Committee that oversees financial policies and operations. Administrative Services serves on the Committee for Technology that provides oversight and coordination on technology issues. Monthly Mayor's Office Police Finance N CD x/11/2023 R923 Workplan - Regional Partnerships List 0) Organization Purpose Frequency of Mtgs Dept Valley Investigations Team Valley Agencies each have a team of 3-4 investigations personnel of all ranks. The teams deploy and train together to handle large scale investigations and officer involved shootings in those jurisdictions Monthly Police Valley SWAT Valley Agencies each assign seven team members. The team is responsible for conducting operations that are outside the normal capabilities of patrol such as hostage rescue or high-risk arrest warrants Quarterly Police Vulnerable Populations Task Force (Public Health) Address needs of vulnerable pops related to emergency management Administrative Services WA Association of Public Records Officers (WAPRO) Provides education in support of the Public Records Act and a forum for public records officers and those involved in responding to public records requests Monthly Police WA Association of Telecommunications Officers and Advisors Share the latest developments in wired and wireless telecommunications, FCC activities, federal and state telecommunication policy issues, managing cable/telecommunication franchises, enhancing PEG production techniques, effective PEG channel management, new technology demonstrations and more. Suggested attendees include your cable and telecommunication franchise managers, right-of-way managers, television producers, content creators, communications managers, municipal attorneys, city managers and PEG access coordinators. Anually / As Needed Administrative Services WACE — Washington Association of Code Enforcement Statewide group providing annual education/training and networking opportunities Spring and Fall conferences DCD Washington Association of Sheriffs and Police Chiefs (WASPC) Membership for all police chiefs and sheriffs. Provides training and support for all law enforcement agencies throughout Washington. Yearly Police Washington Bond Issuers Enhance knowledge of changes in municipal bond rules and trends As needed Finance Washington Economic Development Association (WEDA) Information sharing and advocacy on economic development Bi -weekly (during covid) Mayor's Office Washington Festivals & Events Association (WFEA) Organization for people working in the festivals and events industry aimed at providing professional education, and leadership development opportunities. Parks & Recreation Washington Municipal Clerks Association (WMCA) Promoting professional and educational standards for Municipal Clerks in the State of Washington and providing improved local governmental services. Ongoing as needed Administrative Services Washington Public Employers Labor Relations Association (WAPELRA) To promote the profession of HR Management and labor relations in local government through education, mutual support, professional recognition and legislative advocacy. Quarterly Administrative Services Washington Recreation and Parks Association (WRPA) State association of parks and recreation professionals that promotes excellence through advocacy, education, networking, and training. Several staff involved in sub - committees that meet monthly Parks & Recreation 4/11/2023 2023 Workplan - Regional Partnerships List Organization Purpose Frequency of Mtgs Dept Washington State Association of Permit Technicians Statewide group providing education/training and networking opportunities DCD Washington State Association of Senior Centers Organization aided at enhancing, educating and supporting professionals working with the aging population. Parks & Recreation Washington State Planning Directors Advise on statewide policy issues DCD Washington State Recycling Coordinators Recycling coordinators from western Washington cities and counties share information and set priories for funding and programs DCD Washington Treasurer's Association (WTA) Enhance knowledge of treasury functions; statewide networking Annual Finance Water Resource Inventory Area 9 Forum and WRIA 9 ITC Implementation Technical Committee Working groups that provide guidance, technical information, and planning for the WRIA 9 Habitat Plan DCD WSDOT Transportation Professionals Forum Washington Transportation Professionals Forum is a group of local agency traffic, transportation, and PW engineers, technicians, directors, managers, supervisors, planners, mayors, clerks, council members, etc. Members share information and discuss ideas about traffic -and transportation -related issues. Public Works Zone 3 Emergency Managers Members coordinate planning efforts related to EM. Quarterly Police N CD 4/11/2023 266 UPCOMING MEETINGS AND EVENTS APRIL 2023 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available. APR 17 MON APR 18 TUE APR 19 WED APR 20 THU APR21 FRI APR 22 SAT ➢ Planning and Community Development Meeting 5:30 PMbrid City Hall —Hazelnut Room Hybrid Meeting ➢ Transportation and Infrastructure Services Committee 5:30 PM a 6300 Building — 2" Floor Duwamish Conference Room Hybrid Meeting ➢ City Council Regular Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting MEM .® ➢ Civil Service Commission 5:00 PM Meeting y H 0 MINIMUM WAGE & ADDITIONAL HOURS INFORMATION SESSION Join us on this 2"e virtual session on the draft Minimum Wage rules. 7:00 PM Click here to join virtual 1 meeting Or call to listen at 1-253-292- 9750 Access Code 674235635# Click here for more information. r0 FREE RESIDENTIAL RECYCLING COLLECTION EVENT Hard to recycle materials be dropped off at this event. Rain barrels are $35 each. Cash only, while supplies last. 9:00 AM - 3:00 PM Foster High School Click here for more information. (t -!j ALERT KING COUNTY SYSTEM FREE TAX HELP Pick up or print tax forms at anylibrary.NOTIFICATION Get free help filing your taxes in person now through TOMORROW, APRIL 20 at Westfield Southcenter Mall. See below for more information. Or, click here for more information. REGIONAL PUBLIC INFORMATION & SERVICE ALERT KingCountycan helps you stay informed about potential hazards and threats that impact your area. Other languages are available. Register now! Click here for more information. APR 24 MON APR 25 TUE APR 26 WED APR 27 THU APR 28 FRI APR 29 SAT ➢ Community Services and Safety CommitteeAmerican 5:30 PM City Hall — Hazelnut Room Hybrid Meeting . Finance and Governance Committee 5:30 PM 6300 Building — Suite 100 Foster Conference Room Hybrid Meeting 3- City Council Committee of the Whole Meeting 7:00 PM City Hall Council Chambers Hybrid Meeting ➢ Arts Commission 6:00 PM Hybrid Meeting ➢ Planning Commission 6:30 PM Hybrid Meeting Give Blood = Save 3 Lives /o. /o. to. DONATE BLOOD AND ENTER TO WIN A TRIP TO HAWAII FOR 4 THRU APR 30! Your donation is critical! To schedule an appointment, call 1-800-398-7888. Click here to schedule an appointment. • oAL ewe Action Committee TUKWILA INTERNATIONAL BOULEVARD ACTION COMMITTEE TRASH PICK-UP DAY For more information, call Sharon Mann at 206-200-3616 LCL LU. esifiek[ SOUTHCENTER SHOW & SELL YOUR ARTWORK Local high school and college students have the opportunity to showcase and sell their work inside the mall. To apply, students can submit their artwork through April 30. Submit your artwork to Southcenter@urw.com. Click here for more information. �' Red Cross FREE SMOKE ALARMS AND INSTALLATION Service provided to those who cannot afford to purchase smoke alarms or are physically unable to install a smoke alarm. For more information or request FREE smoke alarms, call 1-833-918-1531. Click here for more information. eimmigration r/O - 'uv' Special Election ballots must be postmarked by today or returned to a ballot drop box by 8 PM. For more information, call 206-296-8683. King County Elections 919 SW Grady Way, Renton Click here for drop box locations. Seattle / King County Clinic FREE DENTAL, VISION & MEDICAL CARE The four-day volunteer -driven clinic provides free dental, vision and medical care to anyone in the region who struggles to access and/or afford healthcare. All are welcome regardless of income, insurance, housing or status. First come, first served all -day event. Apr 27 —Apr 30 5:30 AM Fisher Pavilion 305 Harrison St, Seattle Click here for more information. Or, email SKCClinic@SeattleCenter.org or call 206-684-7200. CITY HALL & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS, WEDNESDAYS & THURSDAYS 8:30 AM — 4:00 PM N WE WOULD LIKE HEAR FROM YOU! The City is developing a new transportation plan that will shape decisions on walking, biking, rolling, driving and taking transit for the next 20 years. What can we do to make traveling in Tukwila easier, safer and more convenient? Share your thoughts on transportation in Tukwila by taking the survey and using an interactive '..._?soar.- map. Let us know and enter to win a $150 gift card! Click here for more information. SUMMER CAMP REGISTRATION IS NOW OPEN! Summer programs for preschoolers, youth and teens at the Tukwila Community Center are now open. For scholarship inquiries, please email ParksRec@TukwilaWA.gov prior to registration! Click here to register. YOUTH SPORTS SPONSORSHIPS NEEDED Give the Gift of Play, and help hundreds of youth experience summer sports camps. Click here for more information or email Sports@TukwilaWA.gov. RESIDENTIAL COLLECTION EVENT APR 22 FOSTER HIGH SCHOOL Hard to recycle materials can be dropped off at this event. Rain barrels will be available for purchase. Click here for more information. UTILITY BOX ART PROGRAM APR 30 DEADLINE We are seeking artists to create artwork for this year's program. Artists will receive up to $1,000 budget, plus given artwork credit on the box. Virtual workshop for application assistance is on April 20 at 6:00 PM. Email Michael May at TukwilaArts@TukwilaWA.gov for a virtual Teams link. Click here for more information. DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:00 PM 7:444.-.16.' VOLUNTEERS — In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. P`r - DONORS — Please donate at tukwilapantry.org/donatel. STILL WATERS SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack distributes food bags on Fridays to Tukwila students in need. Click here for the Snack Pack list. y VOLUNTEERS NEEDED ON WEDNESDAYS, THURSDAYS AND FRIDAYS. Pack snacks every Wednesday at 9:30 AM. } To volunteer, email Stiliwatersfamilyservices@gmail.com. To deliver food, click here to register with Tukwila School District. f• �.` ALZI '?�.'r� 4' Please donate to feed our Tukwila kids. Click here to donate online or mail checks to Still Waters, PO Box 88984, Tukwila WA 98138. FREE HELP FILING TAXES THRU APR 20 SOUTHCENTER MALL WEST ENTRANCE TUE, WED, THU & SAT 11:00 AM — 7:00 PM KING 44L. COUNTY Pick up or print tax forms at any library. Get free help filing your taxes in-person or online with AARP or United Way. Click here for more information. ONLINE POETRY CONTEST APR 30 DEADLINE LIBRARY `a SYSTEM Enjoy local art, parks GET CERTIFIED AT Take free online classes, number and PIN to access FREE TECH COURSES Take free tech courses Click here for more Enter your poetry for a chance to win a $25 gift card. The contest is open to all ages. Winners will be chosen in each category. Click here for more information. FREE MUSEUM AND PARK PASSES culture, history and science museums for FREE with your library card! Click here for more information. En espanol '# -va YOUR LIBRARY FOR FREE! practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and more! You will need your KCLS library card some resources. Click here for more information and registration. & EARN BELLEVUE COLLEGE CREDIT! from Cisco, and apply for college credit from Bellevue College. The courses are online, self -paced and free. information and register to enroll in the tech courses. 267 Tentative Agenda Schedule MEETING 1 — REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. APRIL 3 See below link for the agenda packet to view the agenda items: April 3, 2023 Regular Meeting APRIL 10 See below link for the agenda packet to view the agenda items: April 10, 2023 Committee of the Whole Meeting APRIL 17 See below link for the agenda packet to view the agenda items: April 17, 2023 Regular Meeting APRIL 24 SPECIAL ISSUES - An ordinance adopting Fire Code changes. - An ordinance adopting 2021 State Building Code. - An update on the Water Reservoir Site. - 2023 City Scholarship Award Recommendations. MEETING 1— REGULAR MEETING 2 — C.O.W. MEETING 3 — REGULAR MEETING 4 — C.O.W. MAY 1 PRESENTATION King County Regional Homelessness Authority 5 -year plan and sub- regional plan input. CONSENT AGENDA - Authorize the purchase of large water meters in the amount of $75,000.00. - Authorize the Mayor to sign a contract for the 2023 Annual Small Drainage Program, in the amount of $99,785. - An Interlocal Agreement with Washington State Department of Ecology for Duwamish River Monitoring Access. - 2023 City Scholarship Award Recommendations. UNFINISHED BUSINESS - An Ordinance adopting 2021 State Building Code. - An Ordinance adopting Fire Code changes. MAY 8 PRESENTATIONS Winners of 2024 Recycling Program Youth Art Contest. SPECIAL ISSUES - 4th Quarter 2022 Financial Presentation. - Ordinance amending Tukwila Municipal Code parking penalties. - Authorize the Mayor to sign two contracts with Sound Health for co - responder services in the amount of $102,000.00 each. - Puget Sound Regional Fire Authority Annexation Financial Considerations. Special Meeting to follow Committee of the Whole Meeting. UNFINISHED BUSINESS Council appoints Pro/Con Committees for Puget Sound Regional Fire Authority Annexation Election. MAY 15 PRESENTATIONS Annual State of the Court Address. UNFINISHED BUSINESS - Ordinance amending Tukwila Municipal Code parking penalties. - Authorize the Mayor to sign two contracts with Sound Health for co- responder services in the amount of $102,000.00 each. MAY 22 SPECIAL ISSUES Consensus on Public Participation for 2024 Comprehensive Plan. Special Meeting to follow Committee of the Whole Meeting. 268