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Reg 2024-08-19 COMPLETE AGENDA PACKET
Monday, Tukwila City ❖ REGULAR Council Agenda MEETING ❖ A © 905 ' Thomas McLeod, Mayor Councilmembers: ❖ De'Sean Quinn •3 Tosh Sharp Marty Wine, CityAdministrator ❖ Armen Papyan ❖ Jovita McConnell Mohamed Abdi, Council President ❖ Dennis Martinez + Hannah Hedrick N-SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD EMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join ' icrosoft Teams eetinq For Technical Support: 1-206-433-7155 August 19, 2024; 7:00 PM • Ord #2733 • Res #2100 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 on -site at Tukwila City Hall items both on and not on the To provide comment via phone citycouncil@tukwilawa.gov comments may verbally address the City Council both or via phone or Microsoft Teams for up to 5minutes for meeting agenda. or icroso Tea s, please email with your name and topic by 5:00 PM on the meeting date. your message is for public comment during the meeting, and Please clearly indicate that you will receive further instructions. 4. PRESENTATION Annual State of the Court Address. Judge Kimberly Walden. Pg.1 5. CONSENT AGENDA a. Approval of Minutes: 8/5/24 (Regular Mtg.) b. Approval of Vouchers c. Authorize the Mayor to sign a contract with CAST architecture PLLC for middle housing analysis and code development services, in an amount not to exceed $90,000.00. [Reviewed and forwarded to consent by the Committee of the Whole on 8/12/20241 Please refer to 8/12/24 C.O. W. packet Q d. Authorize the Mayor to accept the Alternative Response Team Grant from the Association of Washington Cities for the Mental Health Professional Co -Responder Program, in the amount of $111,000.00. [Reviewed and forwarded to consent by the Community Services and Safety Committee on 8/12/24. J e. Authorize the Mayor to sign a contract with Axon Enterprise, Inc. for Evidence Justice Services, in the amount of $74,437.65. [Reviewed and forwarded to consent by the Community Services and Safety Committee on 8/12/24. J (continued..) Pg.31 Pg.33 Pg.55 REGULAR MEETING August 19, 2024 Page 2 5. CONSENT AGENDA (cont.) f. Authorize the Mayor to sign Amendment No. 1 to contract #23- 098 with Sound Mental Health for the Co -Responder Program, in an amount not to exceed $102,000.00 per responder through December 31, 2024. [Reviewed and forwarded to consent by the Community Services and Safety Committee on 8/12/24] g. An ordinance granting to Wholesail Networks, LLC, and its affiliates, successors, and assigns, the right, privilege, authority and non-exclusive franchise to construct, maintain, operate, replace, and repair a telecommunications network in, across, over, along, under, through and below certain designated public rights -of -way of the City of Tukwila. [Reviewed and forwarded to consent by the Committee of the Whole on 8/12/241 h. A resolution authorizing submission of an application(s) for grant funding assistance for Riverton Park playground renovations project (#24-1800) and development of the Riverside campus of the Tukwila Community Center (#24-1802), to the Recreation & Conservation Office, as provided in RCW 79.105.150, RCW 79A.15.030, WAC 286-13, and other applicable authorities. [Reviewed and forwarded to consent by the Community Services and Safety Committee on 8/12/241 i. Authorize the Mayor to sign a contract with Forever Roofing for the Foster Golf Links Roof Replacement project, in the amount of $171,000.00. [Reviewed and forwarded to consent by the Community Services and Safety Committee on 8/12/24] Pg.75 Pg.99 Pg.145 Pg.183 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff — City Administrator Report Pg.195 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT This agenda is available (Tukwila Council at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. meetings are audio and video taped. Available at www.tukwilawa.gov) Iriled., If you are in need of translation or interpretation services at a Council meeting, Trair please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. ttiv omotegtoommit _. -�R|r ; !? �*Aor _ nnn dIVAtt r morrrrrlr rrrrrlrrrrrrlr. irrrrrrrrrsrrrlr► =trim rr*•rrr�lspsess-► rrlrr� •rra.- Irrri rrr, II. � «& � m S»' `t VPOWA 2 «, v 0w \� ,r y « ! Ism �iiIIIlWmpuuuuuuuuuu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIW'� r J1Idiluuuuuuuuuuuuuup ,4w 3333, na 3 ti „ „,33„ \"`eY wCiz`' `vat�"tiZ r morrrrrlr rrrrrlrrrrrrlr. irrrrrrrrrsrrrlr► =trim rr*•rrr�lspsess-► rrlrr� •rra.- Irrri rrr, II. YOW6wiltawah,0 .41 V,V,,va‘ 1a 1 r morrrrrlr rrrrrlrrrrrrlr. irrrrrrrrrsrrrlr► =trim rr*•rrr�lspsess-► rrlrr� •rra.- Irrri rrr, II. R144, wow. ,14,14k4,444 0115 llllluuulum uuIIIV' 'Hhu ,,,1111111111111 r morrrrrlr rrrrrlrrrrrrlr. irrrrrrrrrsrrrlr► =trim rr*•rrr�lspsess-► rrlrr� •rra.- Irrri rrr, II. 1 "4 i 1,11111. ;, wm„ rrillrIrlorlurrunk pn,Rurrrrurrouna Huff Im" gym x M,', ,66666,6, �i nNlUiio, o, quIlk 16„��IND''lmr' "IIIN,"ua 11. u11woioHk uml 666 Oka rum.. mom *16666664666 Huommm1ioO0 111 r muff 1,,aumh wViu 71111,p0' ruullufluLa ;m1o1m mr l'1111111i1111111111111rTuu,O, uou ,»w IIV;, 111111111Iiilliir mum rmrrrrrrra rlrrrllarrrrlr, irrrsrrsrsrrrrrs► srasssslrss►arse► rsrrr�=srsrs- Isom rlaa II. A aN r NNANANA. rr rx roNR, rmrrrrrrra rlrrrllarrrrlr, irrrsrrsrsrrrrrs► srasssslrss►arse► rsrrr�=srsrs- Isom rlaa II. 30 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Myor's review Council review 0 2/2024 NT 08 19/2024 NT ITEM INFORMATION ITEM No. 5 C. STAFF SPONSOR: NEIL TABOR ORIGIN L AGEND DATE: 08/19/24 AGENDA ITEM TIThE Middle Housing and Design Consultant Contract CATEGORY Discussion AN Dale es Mahan Mt& Dale 08/19 Mt& Resolution Date Ordinance AN Date Bid Award AN Date Public Hearing AN Date Other AN Date SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PIV SPONSOR'S The City has received a grant from the Washington Department of Commerce to update SUMMARY middle housing regulations to comply with HB 1110 by July 1, 2025. HB 1293 also requires all City design regulations to comply with criteria to be clear and objective. As a continuance of middle housing and comprehensive plan work completed, the requested action is the approval of the of the $90,000 contract between the City and CAST architecture to support the update of middle housing and design regulations. REVIEWED BY Tians&Infrastructure Svcs Community Svcs/Safety Finance & Governance Plamping & Community Dev. LTAC Arts Comm. Parks Comm.. LI Planning Comm. DATE: COMIIIITIEE CHAIR RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development CONDETTEE Unanimous Approval, Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $90,000 $90,000 Fund Source: DEPARTMENT OF COMMERCE GRANT AND BUDGETED DCD FUNDS Comments MTG. DATE RECORD OF COUNCIL ACTION 08 2/24 Forward to 8/19 consent 08/19/24 TG. DATE ATTACHMENTS 0 /12/ 24 Informational Memo Draft contract between City and CAST architecture with exhibits 08/19/24 No attachments 31 32 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared Iy iliffyor's review Council review 8/19/24 3B ITEM INFORMATION ITEM No. 5.D. STAFF SPONSOR: ERIC DREVER ORIGINAL AGENDA DATE: 8 19/24 AGENDA ITEM TritE Association of Washington Cities' Alternative Response Grant Award FY24 CA 117iDiscussion Alt Date 0 Motion Mt Date 8/19 Alt Resolution Date Ordinance Al", Date Bid_Award Alt Dale Public Hearing Alt Date Other Mt Date SPONSOR Council Mayor Adnun Svcs DCD Finance Fire perR Police PTV SPONSOR'S The Tukwila Police Department has been awarded a no -match grant via the Association of SUAMIARY Washington Cities that will provide funds for the Department's Mental Health Professional Co -Responder program for July 1st 2024 through June 30th 2025, or until funds are expired. Due to the amount of the grant award ($111,000) Council approval is required before the Department can accept Council is being asked to authorize the Mayor to sign the award's acceptance contract. REVIEWED BY nansScinficastructure Svcs kid LTAC DATE: 8/12/24 Community Svcs/Safety Finance & Governance Planning & Community Dev® Arts Comm. Parks Comm. LI Planning Comm. COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Police Department COMMITTEE unanimous Approva ; Forward to Consent Agenda COST IMPACT i FUND SOURCE E3ENDIThRE REQUIREDAMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 19/24 MTG . DATE ATTACHMENTS 8/19/24 Informational Memorandum dated 8/12/24 AWC Alternative Response Grant Agreement Minutes from the Community Services and Safety Committee meeting of 8/12/24 33 34 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Eric Dreyer, Chief of Police BY: Jake Berry, Police Department Budget Analyst CC: Thomas McLeod DATE: August 12th, 2024 SUBJECT: Grant to Provide MHP Co -Responder Services ISSUE The Police Department has been awarded a no -match grant through the Association of Washington Cities (AWC) that provides funding for Mental Health Professionals (MHP) to respond in -field to assist those in crisis and/or experiencing traumatic events. This grant replaces the 2023 MHP grant which expired in June of 2024. Because this grant agreement exceeds the Mayor's signing authority, the Police Department is asking Council to authorize the Mayor to execute the agreement. BACKGROUND The 2022 AWC MHP Co -Responder grant was AWC's first foray into funding police department - level MHP programs. Funded by Senate Bill 5693, the purpose was to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. The 2022 grant was to fund programs that were in the start-up phase and was written to fund Tukwila's second MHP Co -Responder. This 2024 AWC grant provides funding for the PD's MHP Co -Responder contractual agreement with Sound Mental Health (rather than just the costs of the second Co -Responder). The 2024 AWC Grant represents the third consecutive year that AWC and the Tukwila Police Department have partnered to provide the Community these services. Unfortunately, this third year will be the final period that Tukwila is able to participate in this funding opportunity due to a three-year stipulation placed upon the grant. DISCUSSION The Police Department's MHP Co -Responder program has been serving the community for over two years now with a great deal of success. Through this no -match grant -funded partnership with AWC, the program will receive funding to continue the good work. FINANCIAL IMPACT This is a no -match grant with a maximum value of $111,000, a start date of July 1st 2024, and an end date of June 30th 2025. The grant's reimbursements will help to offset the Police Department costs for the contracted services of two Sound Mental Health -provided Co - Responders. Because the grant is written to fund two MHPs, the funds provided by this grant will likely be depleted in Q1'25. 35 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to forward this matter to the August 19' 2024 Consent Agenda and authorize the Mayor to sign this no -match grant agreement. ATTACHMENTS AWC Co -Responder Grant Agreement as reviewed by Tukwila City Attorney 36 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Final agendas/08-12-24 CSS/awc alt response grant/AWC Alt Response Grant 2024 InfoMemo_vF.docx Alternative Response Team Grant Grantee Funding Agreement Association of Washington Cities Grant ("Grant") with The City of Tukwila through The Alternative Response Team Grant_ A program funded through the Washington State Operating Budget For Jurisdiction name City of Tukwila Program description Alternative Response Co -Responder Program Start date: Jul y 1, 2024 End date: June 30, 2025 37 Face sheet Grant Number: ART24-16 Association of Washington Cities (AWC) Alternative Response Team Grant (ARTG) Senate Bill 5187, Section 215-69a went into effect on July 1, 2023. The purpose of this grant is to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. AWC has determined that entering into a Contract with the City of Tukwila will meet the goals of these funds. 1. Grantee 2. Grantee doing business as (optional) 3. Grantee representative 4. AWC representative Jacob Ewing 1076 Franklin Street SE Special Projects Coordinator Olympia, WA (360) 753-4137 98501 jacobe©awcnet.org 5. Grant amount $111,000 6. Start date July 1, 2024 7. End date June 30, 2025 8. Tax ID # 9. Grant purpose Establish an alternative response team program as described in Attachment A. AWC and the Grantee, as defined executed this Grant on the both parties to this Grant are Grantee General Terms and Narrative; Attachment "C" - accept the terms of this Grant and attachments and have and year referenced above. The rights and obligations of following other documents incorporated by reference: "K - Scope of Work; Attachment "6" - Budget & Budget (D)- Grantee Agent(s). above, acknowledge and date below to start as of the date governed by this Grant and the Conditions including Attachment Grantee Data Collection; Attachment - or grantee Date For Association of Washington Cities Date Last revision 12/26/2023 38 Alternative Response Team Grant Grantee Funding Agreement 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the Grant contact person for all communications and billings regarding the performance of this Grant. The Representative for AWC and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. TERM The initial term of the Contract shall be July 1, 2024, and continue through June 30, 2025, unless terminated sooner as provided herein. The term of the contract may be extended by an amendment signed by both parties. 3. PAYMENT AWC shall pay an amount not to exceed $111,000 for the performance of all things necessary for or incidental to the performance of work as set forth in the ARTG Application and described in Attachment A. Grantee's compensation for services rendered shall be based on the completion of duties as outlined in the ARTG application, in Attachment A, in accordance with the following sections. 4. BILLING PROCEDURES AND PAYMENT AWC will reimburse Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for AWC not more often than monthly. Grantee will use the invoice form provided by AWC to request reimbursement. The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Grant Number ART24-16. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. If errors are found in the submitted invoice or supporting documents, AWC will notify the Grantee to make corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and notify AWC. Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. AWC may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by AWC. Duplication of billed costs The Grantee shall not bill AWC for services performed under this Grant, and AWC shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, induding grants, for that service. This does not include fees charged for summer recreation programs. Disallowed costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Grantees. Final reimbursement and reporting deadline When the project is completed, the Grantee must submit a final report and supporting documents needed to close out the project no later than July 31, 2025. AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting from the Grantee has been submitted and verified. Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to AWC within thirty (30) 39 Alternative Response Team Grant Grantee Funding Agreement calendar days after the Contract expiration date. AWC is under no obligation to pay any claims that are submitted 31 or more calendar days after the Contract expiration date ("Belated Claims"). AWC will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 5. GRANTEE DATA COLLECTION/REPORTING REQUIREMENTS Grantee will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must be provided to AWC along with final billing. 6. AGENT(S) Agent(s) in this contract refers to any third -party entity and its employees that the Grantee has subcontracted with to provide services funded through this agreement. The Grantee is responsible for ensuring that any agent complies with the provision herein. Any of the Grantee's agent(s) that will provide services under this contract must be listed in Attachment D — Grantee Agent(s) and must provide proof of insurance per Section 6 of this document. 7. INSURANCE a. Workers' compensation coverage. The Grantee shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the fullest extent applicable. This requirement includes the purchase of industrial insurance coverage for the Grantee's employees, as may now hereafter be required of an "employer" as defined in Title 51 RCW. Such workers' compensation and occupational disease requirements shall include coverage for all employees of the Grantee, and for all employees of any subcontract retained by the Grantee, suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of this Grant. Satisfaction of these requirements shall include, but shall not be limited to: i. Full participation in any required governmental occupational injury and/or disease insurance program, to the extent participation in such a program is mandatory in any jurisdiction; ii. Purchase workers' compensation and occupational disease insurance benefits to employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under mandatory governmental program in "a" above, and/or; iii. Maintenance of a legally permitted and governmentally approved program of self-insurance for workers' compensation and occupational disease. Except to the extent prohibited by law, the program of the Grantee's compliance with workers' compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees. If the Grantee, or any agent retained by the Grantee, fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws, statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such employees, to obtain coverage for such employees, the Grantee will indemnify AWC for such fines, payment of benefits to Grantee or Grantee employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount owed AWC by the Grantee pursuant to the indemnity may be deducted from any payments owed by AWC to the Grantee for the performance of this Grant. b. Automobile insurance. In the event that services delivered pursuant to this Grant involve the use of vehicles, owned or operated by the Grantee, automobile liability insurance shall be required. The minimum limit for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. c. Business automobile insurance. In the event that services performed under this Grant involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Grantee -owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2 "owned autos only" must be secured. If the Grantee's employees' vehicles are used, the Grantee must 40 Alternative Response Team Grant Grantee Funding Agreement also include under the Business Automobile policy Code 9, coverage for "non -owned autos." The minimum limits for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. d. Public liability insurance (General liability). The Grantee shall at all times during the term of this Grant, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death, or property damage occurring or arising out of services provided under this Grant. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Grantee or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time to time as deemed necessary by AWC, with the approval of the Grantee (which shall not be unreasonably withheld), shall not be less than as follows: Each occurrence $1,000,000 Products -completed operations limit $2,000,000 Personal and advertising injury limit $1,000,000 Fire damage limit (any one fire) $ 50,000 e. Local governments that participate in a self-insurance program. Alternatively, Grantees may maintain a program of self-insurance or participate in a property/liability pool with adequate limits to comply with the Grant insurance requirements or as is customary to the contractor or Grantee's business, operations/industry, and the performance of its respective obligations under this Grant. f. Additional insured. The Association of Washington Cities, shall be specifically named as an additional insured on all policies, including Public Liability and Business Automobile, except for liability insurance on privately -owned vehicles, and all policies shall be primary to any other valid and collectible insurance. g- AWC may waive the requirement to be specially named as an additional insured on policies, including Public Liability and Business Automobile, provided that the Grantee provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor's reporting requirements and all related federal and state regulations. Grantees participating in a joint risk pool shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. AWC, its agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Proof of insurance. Certificates and or evidence satisfactory to the AWC confirming the existence, terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of the Grantee's receipt of Authorization to Proceed. h. General insurance requirements. Grantee shall, at all times during the term of the Grant and at its cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy and maintain the required insurance may result in the termination of the Grant at AWC's option. By requiring insurance herein, AWC does not represent that coverage and limits will be adequate to protect Grantee and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to AWC in this Grant. Grantee shall include all agents of the Grantee as insureds under all required insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply with insurance requirements does not limit Grantee's liability or responsibility. 8. ORDER OF PRECEDENCE 41 Alternative Response Team Grant Grantee Funding Agreement In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Grant and Grantee General Terms and Conditions • Attachment A — ARTG Application & Scope of Work • Attachment B — Budget & Budget Narrative • Attachment C — Grantee Reporting Requirements • Attachment D — Grantee Agent(s) 42 Alternative Response Team Grant Grantee Funding Agreement GRANTEE GENERAL TERMS AND CONDITIONS Access to data. In compliance with Chapter 39.26 RCW, the Grantee shall provide access to data generated under this Grant to AWC, and to the extent necessary to comply with RCW 39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Grantee's reports, including computer models and methodology for those models. 2. Alterations and amendments. This Grant may be amended only by mutual agreement of the parties in writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the "ADA" 28 CFR Part 35. In relation to this Grant, the Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. Assignment. Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of AWC. 5. Assurances. AWC and the Grantee agree that all activity pursuant to this Grant will be in accordance with all applicable current federal, state and local laws, rules and regulations. 6. Attorney's fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney's fees and costs. 7. Budget revisions. Any monetary amount budgeted by the terms of this Grant for various activities and line item objects of expenditure, as outlined in Attachment B — Budget & Budget Narrative, may be revised without prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the original line item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC. Grantee will use the funding change request form provided by AWC to request these budget revisions. 8. Certification regarding wage violations. The Grantee certifies that within three (3) years prior to the date of execution of this Grant, Grantee has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52. The Grantee further certifies that it will remain in compliance with these requirements during the term of this Grant. Grantee will immediately notify AWC of any finding of a willful violation entered by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Grant. 9. Change in status. In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Grantee, Grantee agrees to notify AWC of the change. Grantee shall provide notice as soon as practicable, but no later than thirty (30) days after such a change takes effect. 10. Rights in data/ownership. Grantee agree that all data and work products (collectively "Work Product") produced pursuant to the Scope of Work of this Agreement will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA. Grantee is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or 43 Alternative Response Team Grant Grantee Funding Agreement sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such Work Product. If for any reason the Work Product would not be considered a work for hire under applicable law, Grantee assigns and transfers to HCA, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Grantee will execute all documents and perform such other proper acts as HCA may deem necessary to secure for HCA the rights pursuant to this section. Grantee will not use or in any manner disseminate any Work Product to any third party, or represent in any way Grantee ownership of any Work Product, without the prior written permission of HCA. Grantee will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. Material that is delivered under this Agreement, but that does not originate therefrom ("Preexisting Material"), must be transferred to HCA with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Grantee agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. HCA will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Grantee. Grantee must identify all Preexisting Material when it is delivered under this Agreement and must advise HCA of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Grantee must provide HCA with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Grantee with respect to any Preexisting Material delivered under this Agreement. 11. Covenant against contingent fees. The Grantee warrants that no person or selling agent has been employed or retained to solicit or secure this Grant upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent maintained by the Grantee for the purpose of securing business. AWC shall have the right, in the event of breach of this clause by the Grantee, to annul this Grant without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. 12. Disputes. In the event that a dispute arises under this Grant, the parties will use their best efforts to amicably resolve any dispute, including use of alternative dispute resolution options. 13. Duplicate payment. AWC shall not pay the Grantee, if the Grantee has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 14. Entire agreement. This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 15. Ethical conduct. Neither the Grantee nor any employee or agent of the Grantee shall participate in the performance of any duty or service in whole or part under this Grant in violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555, and 41.06.250 prohibiting the use of public resources for political purposes. 16. Governing law and venue. This Grant shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 44 Alternative Response Team Grant Grantee Funding Agreement 17. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising out of or resulting from the performance of this Grant. "Claim" as used in this Grant, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Additionally, "claims" shall include but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or in unlawful restraint of competition. Grantee's obligation to indemnify, defend and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Grantee's or its agent's performance or failure to perform the Grant. Grantee's obligation to indemnify, defend, or hold harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents, employees, or officials. Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless AWC, and their agents, employees, or officials. 18. Independent capacity of the grantee. The parties intend that an independent Grantee relationship will be created by this Grant. The Grantee and his/her employees or agents performing under this Grant are not employees or agents of AWC. The Grantee will not hold itself out as nor claim to be an officer or employee of AWC, nor will the Grantee make any claim or right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Grantee. 19. Licensing and accreditation standards. The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary to the performance of this Grant. 20. Limitation of authority. Only AWC or AWC's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by AWC. 21. Non-discrimination. The Grantee shall comply with all the federal and state non-discrimination laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any activity performed by the Grantee and its agents under this Grant. The Grantee shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it under non-discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the event of the Grantee's noncompliance or refusal to comply with this nondiscrimination provision, this Grant may be rescinded, cancelled or terminated in whole or part, and the Grantee may be declared ineligible for further contracts with AWC. 22. Overpayments. Grantee shall refund to AWC the full amount of any overpayment under this Grant within thirty (30) calendar days of written notice. If Grantee fails to make a prompt refund, AWC may charge Grantee one percent (1%) per month on the amount due until paid in full. 23. Public disclosure. Grantee acknowledges that AWC is subject to the Washington State Public Records Act, Chapter 42.56 ROW, and AWC acknowledges that the Grantee is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and that this Grant shall be a public record as defined in RCW 42.56. Any specific information that is claimed by either party to be confidential or proprietary must be 45 Alternative Response Team Grant Grantee Funding Agreement clearly identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view such information, the party receiving the public records request will notify the other party of the request and the date that such records will be released to the requester unless the other party obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party receiving the records request will release the requested information on the date specified. 24. Publicity. The Grantee agrees to submit to AWC all advertising and publicity matters relating to this Grant which in the AWC's judgment, AWC's name can be implied or is specifically mentioned. The Grantee agrees not to publish or use such advertising and publicity matters without the prior written consent of AWC. 25. Registration with Department of Revenue. The Grantee shall complete registration with the Department of Revenue and be responsible for payment of all taxes due on payments made under this Grant. 26. Records maintenance. The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. Grantee shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by the AWC, personnel duly authorized by AWC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. Right of inspection. The Grantee shall provide right of access to its facilities utilized under this Grant to AWC or any of its officers responsible for executing the terms of this Grant at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant on behalf of AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with the Grantee's business or work hereunder. 28. Severability. The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 29. Subcontracting. Neither the Grantee nor any agent of the Grantee shall enter into subcontracts for any of the work contemplated under this Grant without obtaining prior written approval of AWC. Grantee is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Grant are included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or reduce liability of the Grantee to the AWC for any breach in the performance of the Grantee's duties. This clause does not include contracts of employment between the Grantee and personnel assigned to work under this Grant. If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the Grantee is incompetent, AWC shall notify the Grantee, and the Grantee shall take immediate steps to terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the termination of an agent shall not relieve the Grantee of any of its responsibilities under the Grant, nor be the basis for additional charges to AWC. 30. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 46 Alternative Response Team Grant Grantee Funding Agreement 31. Technology security requirements. Grantee must ensure that all data and devices used to carry out Program follow all applicable state and federal data privacy and protection requirements. Grantee must ensure that data is properly secured and protected using best practices for security and protection from outside intrusion from parties not associated with the Program. 32. Termination for convenience. Except as otherwise provided in this Grant, AWC may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Grant in whole or in part. The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Grantee as of midnight the second day of mailing in the absence of proof of actual delivery to and receipt by the Grantee. If this Grant is so terminated, AWC shall be liable only for payment required under the terms of the Grant for services rendered or goods delivered prior to the effective date of termination. 33. Termination for default. In the event AWC determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, AWC has the right to suspend or terminate this Grant. AWC shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within thirty (30) days, the Grant may be terminated. AWC reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Grantee or a decision by AWC to terminate the Contract. In the event of termination, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AWC provided in this Grant are not exclusive and are in addition to any other rights and remedies provided by law. 34. Termination due to funding limitations or contract renegotiation, suspension. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion of this Grant, with the notice specified below and without liability for damages: a. At AWC's discretion, AWC may give written notice of intent to renegotiate the Grant under the revised funding conditions. b. At AWC's discretion, AWC may give written notice to Grantee to suspend performance when AWC determines there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Grantee's performance to be resumed. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When AWC determines that the funding insufficiency is resolved, it will give the Grantee written notice to resume performance, and Grantee shall resume performance. (3) Upon the receipt of notice under b. (2), if Grantee is unable to resume performance of this Grant or if the Grantee's proposed resumption date is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may terminate the Grant by giving written notice to the Grantee. The parties agree that the Grant will be terminated retroactive to the date of the notice of suspension. AWC shall be liable only for payment in accordance with the terms of this Grant for services rendered prior to the retroactive date of termination. c. AWC may immediately terminate this Grant by providing written notice to the Grantee. The termination shall be effective on the date specified in the termination notice. AWC shall be liable only for payment in accordance with the terms of this Grant for services rendered prior to the effective date of termination. No penalty shall accrue to AWC in the event the termination option in this section is exercised. d. For purposes of this section, "written notice" may include email. 35. Termination procedure. Upon termination of this Grant the AWC, in addition to other rights provided in this Grant, may require the Grantee to deliver to AWC any property specifically produced or acquired for 47 Alternative Response Team Grant Grantee Funding Agreement the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. The AWC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by AWC and the amount agreed upon by the Grantee and AWC for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services which are accepted by AWC, and (d) the protection and preservation of the property, unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause for this Grant. The AWC may withhold from any amounts due to the Grantee such sum as AWC determines to be necessary to protect AWC against potential loss or liability. The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law under this Grant. After receipt of a notice of termination, and except as otherwise directed by the AWC, the Grantee shall: a. Stop work under this Grant on the date and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and interest of the Grantee under the orders and subcontracts in which case AWC has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, any property which, if the Grant had been completed, would have been required to be furnished to AWC; f. Complete performance of such part of the work not terminated by AWC; and g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of the property related to this Grant which, in is in the possession of the Grantee and in which AWC has or may acquire an interest. 36. Waiver. A failure by either part to exercise its rights under this Grant shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by personnel authorized to bind each of the parties. 48 ARTG Application & Scope of Work PURPOSE Attachment A The purpose of this grant is to assist cities with the documented costs to create co -responder programs within different alternative diversion models including law enforcement assisted diversion programs, community assistance referral and education programs, and as part of mobile crisis teams. CONTRACTOR RESPONSIBILITIES GRANTEE is required to implement the Alternative Response Team Grant (ARTG) Program as described in their application for funding, with no unapproved substantive derivations. Requests for changes to this scope of work, or services laid out in the applicant's application can be made to Jacob Ewing, Special Projects Coordinator at iarobeawacities.or. This program shall include the following elements as central features of their program: • Grant recipients must establish a co -responder team using an alternative diversion model including law enforcement assisted diversion program, community assistance referral and education program, or a mobile crisis team. In the event that there is a change in the contract or program management staff paid for by this grant, it is expected that GRANTEE will notify AWC of the change to include the name and contact information for the new staff member. If GRANTEE fails to perform to the standards set forth above, AVVC remains able to remedy noncompliance as outlined in the grant document, including provisions for suspension, termination andfor recapture of funds already paid to the grantee. SCOPE & GOALS OF ARTG PROGRAM The City of Tukwila has established a co -responder program in partnership with Sound Health. The goal of this program is to put troubled non-violent people in the hands of behavioral health professionals and divert them from hospitalization or jail into support services. This work is intended to lower re -offense rates, reduce the incidence of incarceration, and result in fewer emergency department or psychiatric hospital visits. Additionally, this program creates a path for non -emergency health and safety calls to be redirected to a specialized team made up of a Tukwila Police Officer and a Mental Health Professional. This team will provide de-escalation, diversions, and referrals to appropriate services. Tukwila shall use granted funds to offset contractual fees needed to obtain two Mental Health Professionals. 49 Attachment B ARTG Budget & Narrative GRANT FUNDED PROGRAM BUDGET Category Staffing Supplies & Equipment Professional Services Other Cost $0 $0 $111,000 $0 -- PROGRAM BUDGET NARRATIVE Contracted Services: Grant funds shall be used to offset contractual fees with Sound Health to provide two qualified mental health professionals for the Tukwila Police Department 50 Attachment C Grantee Reporting Requirements FINAL REPORT A final program report is due to AWC by July 31, 2025. Programs should make reasonable efforts to collect and report on the following information: • Describe program participants including: O Number of individuals served O Gender (Male, Female, Nonbinary, etc.) of individuals served 0 Age of individuals served 0 Veteran status of individuals served O Substance abuse or mental health issues of individuals served O Reason for contact O Outcome of contact (No outcome, referral to services, involuntary transport, etc.) O Long-term outcome of individual receiving services (No outcome, permanent housing, shelter, etc.) • Describe the type of program funded and the geographic area served. • Explain how the program targeted vulnerable individuals. • Explain how the program created greater access for vulnerable individuals to available programs and services. • Discuss program successes and challenges. MONTHLY REPORT Additionally, Grantees will submit monthly status reports to AWC. Monthly reports will be due the five business days following the end of the previous month. The monthly reports will address the following questions: • Briefly describe the work accomplished over the past month? • What successes has your program seen this past month? • What challenges has your program seen this past month? • Do you have any challenges or issues you need to discuss with AWC? 51 Attachment D Grantee Agent(s) List anyAgent(s) that will provide program services in a program funded through the ARTG Program. Name of Agent Address 52 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes August 12, 2024- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Pete Mayer, David Rosen, Jefri Peters, Eric Lund, John Dunn, Laurel Humphrey, Cheryl Thompson, Deron Pointer, Marty Wine Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Alternative Response Co -Responder Program *Staff is seeking approval to accept a grant award in the amount of $111,000 from the Association of Washington Cities to offset costs for the contracted services of two mental health co -responders through June 30, 2024. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. B. Contract: Evidence Justice Services Staff is seeking approval to approve an agreement with Axon in the amount of $74,437.65 through 2029 for access to Evidence Justice Software for the prosecuting attorney. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. C. Contract: Alternative Response Co -Responder Program Staff is seeking approval of a contract with Sound Health to renew the co -responder program through December 31, 2024 at the annual rate of $102,000. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. D. Resolution: Grant Applications for Riverton Park Playground and Tukwila Community Center Staff is seeking approval to apply for Washington Wildlife and Recreation Program funding in the amount of $500,000 for the Riverton Park Playground and $1,810,000 for riverside development at Tukwila Community Center. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. 53 54 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared 15) iliffyor's review Council review 8/19/24 CT ITEM INFORMATION ITEM No. 5.E. STAFF SPONSOR: MARTY WINE ORIGINALAGENDA DATE: 8 19/24 AGENDA ITEM TIThE Axon Evidence Justice Services Agreement CA RY Discussion Alt Dale 0 Motion Mt& Dale 8/19/24 lieft Resolution Dale Ordinance Alt Date Bid_Award Af, Dale Public Hearing Alt Dale Other Mt Dale SPONSOR Council Mayor Adnun Svcs DCD Finance Fire perR Police PTV SPONSOR'S The Council is being asked to authorize execution of an agreement with Axon for Evidence SUMMARY Justice Services maintaining the prosecuting attorneys access to digital evidence from the Tukwila Police Department REVIEWED BY Ti art S&Infrastruct are Svcs kid LTAC DATE: 8/12/24 Community Svcs/Safety Finance & Governance Planning & Community Dev® Arts Comm. Parks Comm,. LI Planning Comm. COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to 9/24 Consent Agenda COST IMPACT i FUND SOURCE E3ENDIThRE REQUIREDAMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 19/24 MTG . DATE ATTACHMENTS 8/19/24 Informational Memorandum dated 7/16/24 Axon Evidence Justice Services Agreement Minutes from 8/12 CSS Meeting 55 56 TO: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDU Community Services and Safety Committee FROM: Marty Wine City Administrator BY: Cheryl Thompson Executive Coordinator CC: Thomas McLeod DATE: July 16, 2024 SUBJECT: Axon Evidence Justice Services Agreement ISSUE The Prosecuting Attorney needs to maintain efficient access to Police Department videos, recordings and evidence to effectively prosecute cases. City Council is being asked to authorize the Mayor to execute an agreement with Axon to maintain access to Axon Evidence Justice. BACKGROUND The Police department contracts with Axon for body cameras, vehicle cameras, and for recording equipment for the interview rooms at the Justice Center. All these recordings are relevant evidence for misdemeanor cases prosecuted in Tukwila Municipal Court. Axon initially provided access to prosecuting attorneys through Evidence Justice at no cost. Beginning April 1, 2024, Axon changed their policy and implemented a fee for prosecuting attorneys to access Evidence Justice. As the City did not become aware of this change in policy until late March, Axon is continuing to provide the prosecuting attorney with access, at no cost, while we bring the software agreement before Council for approval. The attached agreement has been reviewed and approved by the City Attorney's Office. DISCUSSION The prosecuting attorney needs the Axon recordings as evidence in order to evaluate and prosecute misdemeanor cases. Axon Evidence Justice provides the records directly to the prosecuting attorney and integrates those records with the prosecution case management system so that everything pertaining to that case is in one system. If we do not proceed with purchasing the Axon Evidence Justice software, the prosecuting attorney will lose that direct access to the records and will have then request them from Police Records which will take staff time to provide and attorney time to upload the records into the case management system. From a cost benefit perspective, it is more efficient and fiscally responsible to pay for Axon Evidence Justice software. FINANCIAL IMPACT The attached quote provides software access to the prosecuting attorney for the remainder of 2024 through December 31, 2029, for a total of $74,437.65 payable each January at the rates listed below. This will have an overall financial impact of up to $16,100 each year to the budget. 2025 $13,743.21 2026 $14,292.95 2027 $14,864.64 2028 $15,459.25 2029 $16,077.60 57 INFORMATIONAL MEMO Page 2 RECOMMENDATION The Committee is being asked to move this forward this to the August 19, 2024, consent agenda authorizing the Mayor to sign a contract with Axon for Evidence Justice. ATTACHMENTS Axon Agreement 58 https://tukwilawa-my.sharepoint.com/personal/cheryl_thompson_tukwilawa_gov/Documents/Council Memos/2024/InfoMemo re Axon Justice Agreement.docx Axon Evidence Justice Services Agreement This Axon Evidence Justice Services Agreement ("Agreement") is between Axon Enterprise, Inc., a Delaware corporation ("Axon"), and the agency on the Quote ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement, or (b) signature date on the Quote ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency's purchase and use of the Axon services detailed in the Quote Appendix ("Quote"). The Parties agree as follows: 1 Term. The Axon Evidence Justice Services subscription will begin on the Effective Date and continues until all subscriptions hereunder have expired or been terminated ("Term"). 2 Definitions. "Axon Cloud Services" means Axon's web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third -party applications, hardware warranties, and my.evidence.com. "Axon Device Data" data uploaded to Evidence.com from Axon devices including body worn cameras, Fleet cameras, Interview Room cameras, or Axon Capture. "Axon Evidence" means Axon's web services for Evidence.com, and interactions between Evidence.com and or Axon client software. This excludes third -party applications or my.evidence.com. "Agency Content" is data uploaded into, ingested by, or created in Axon Evidence within Agency's tenant. Agency Content includes Evidence but excludes Non -Content Data. "Quote" is only valid for services on the quote at the specified prices. Any inconsistent or supplemental terms within Agency's purchase order in response to a Quote will be void. 3 Storage. Agency may store unlimited Axon Device Data in Agency's Axon Evidence account if the Axon Device Data is shared to Agency through Axon Evidence from a partner agency using Axon Evidence. If Agency is not purchasing an unlimited storage plan, Agency may purchase ala carte storage for other data. 4 Payment. In the event Agency purchases services from Axon, payment is due net thirty (30) days from the invoice date. Payment obligations are non -cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys' fees. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. Agency is responsible for sales and other taxes associated with the order, unless Agency provides Axon a valid tax exemption certificate. 5 Insurance. Axon will maintain General Liability, Workers' Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 6 Indemnification. Axon will indemnify Agency's officers, directors, and employees ("Agency Indemnitees") against all claims, demands, losses, and reasonable expenses arising out of a third party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, except to the extent of Agency's negligence or willful misconduct, or claims under workers compensation. To the extent permitted by law, Axon disclaims all warranties, remedies, and conditions, whether oral, written, statutory, or implied. Axon's cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to Axon Evidence Justice Service will not exceed the amount paid for such services over the twelve (12) months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive, or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort, or any other legal theory. 7 IP Rights. Axon owns and reserves all right, title, and interest in Axon products and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 1 of 13 59 Axon Evidence Justice Services Agreement 8 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third -party claim alleging that the use of Axon Evidence infringes or misappropriates the third party's intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon's expense and cooperate fully with Axon in the defense or settlement of such claim. Axon's IP indemnification obligations do not apply to claims based on: (a) modification of Axon Evidence by Agency or a third party not approved by Axon; (b) use of Axon Evidence in combination with hardware or services not approved by Axon; or (c) use of Axon Evidence other than as permitted in this Agreement. 9 Termination. 9.1 For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Agency terminates this Agreement due to Axon's uncured breach, Axon will refund prepaid amounts on a prorated basis based on the date of notice of termination. 9.2 By Agency. Agency is obligated to pay any applicable fees under this Agreement. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. The date of such termination will be the date Axon receives notice from Agency. 9.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate, and Agency remains responsible for all fees incurred prior to the date of termination. 9.4 By Axon. If the Agency is using an Axon Evidence instance that has been provided a no charge to the Agency, Axon may terminate this Agreement for its convenience by providing ninety (90) days prior written notice. 10 Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party's Confidential Information. Unless required by law, neither Party will disclose the other Party's Confidential Information during the Term and for five (5) years thereafter. Axon pricing is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 11 General. 11.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party's reasonable control. 11.2 Independent Contractors. The Parties are independent contractors. Neither Party has authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Agency, fiduciary, or employment relationship between the Parties. 11.3 Third -Party Beneficiaries. There are no third -party beneficiaries under this Agreement. 11.4 Non -Discrimination. Neither Party nor its employees will discriminate against any person based on: race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 11.5 Export Compliance. Each Party will comply with all import and export control laws and regulations. 11.6 Assignment. Neither Party may assign this Agreement without the other Party's prior written Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 2 of 13 60 Axon Evidence Justice Services Agreement consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 11.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 11.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 11.9 Survival. The following sections will survive termination: Indemnification, IP Rights, Axon's Cloud Services Appendix, and, Storage. 11.10 Governing Law. The laws of the state where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 11.11 Notices. All notices must be in English. Notices posted on Agency's Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Prosecutor shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal©axon.com. 11.12 Entire Agreement. This Agreement represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc., Agency Signature: Signature: Name: Name: Title: Title: Date: Date: Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 3 of 13 61 Axon Evidence Justice Services Agreement Axon Cloud Services Terms of Use Appendix 1. Definitions. 1.1. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Agency's tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non -Content Data. 1.2. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. 1.3. "Non -Content Data" is data, configuration, and usage information about Agency's Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non -Content Data includes data about users captured during account management and customer support activities. Non -Content Data does not include Agency Content. 1.4. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite. 3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon's business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user's use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user's access to Axon Cloud Services. 5.1. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency's account or Agency Content, or if account information is lost or stolen. 5.2. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. 6. Privacy. Agency's use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non -Content Data from Agency to (a) perform troubleshooting, maintenance, or Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 4 of 13 62 Axon Evidence Justice Services Agreement diagnostic screenings; (b) provide, deve|op, improvo, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 7. Axon BodV 3 Wi-Fi Positioninq. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be avai|ab|e, for inotanoo, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency's Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled VVi'Fi Positioning for Agency's Axon Cloud Services tenant. When VVi'Fi Positioning is enabled by both Axon and Agency, Non -Content and Personal Data will besent toSkyhookHoldings, Inc. (^SbVhomk^) to facilitate the VVi'Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and issubject tothe SkyhookServices Privacy Policy. 8. Storame. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed oraccessed for six (8) months into archival storage. Agency Content in archival storage will not have immediate availability and may take uptotwenty-four (24) hours to access. For Third -Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon's Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the Third -Party Unlimited Storage and the Axon's Evidence.com end user or Agency is prohibited from storing data for other law enforcement agencies; and (iii) Agency may only upload and store data that is directly related to: (1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Agency Content created by Axon Devices or Evidence.com. 0. Location of Storaqe. Axon may transfer Agency Content to third -party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency. 10. Suspension. Axon may temporarily suspend Agency's or any end user's right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user's use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third -party; (b) adversely impact Axon Cloud Services . the ayxtemx, or content of any other customer; (o) subject Axon, Axon's afh|iatex, or any third -party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suxpenxion, except as specified in this Agreement. 11. Axon Cloud Services Warrantv. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. Service Offerings will be subject tothe Axon Cloud Services Service Level Agreement, a current version of which is available at httpn:Vvmxmv.axon.00m/pnoduots/axon'evidenoe/s|o. 12. Axon Records. Axon Records is the software-as-e-service product that in generally available atthe time Agency purchases an OSP 7 bundle. During Agency's Axon Records Subscription Term, if any, Agency will be entitled to receive Axon's Update and Upgrade releases on an if -and -when available basis. 12.1. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the {}uote, or if purchased as pad of an 0SP 7 bund|e, upon completion of the OSP7Term ('AxonRecords Submuripdiun'') 12.2. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An ^UpQmade" includes (i) new versions of Axon Records that enhance features and funotiona|ity, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude now products that Axon introduces and markets an distinct products orapplications. 12.3. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled Tide: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page snf 13 63 Axon Evidence Justice Services Agreement offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. 12.4. Users of Axon Records at the Agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of one -hundred (100) GB per user per year of uploaded files. Axon will not bill for overages. 13. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 13.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; 13.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; 13.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 13.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; 13.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; 13.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Axon Cloud Services; or 13.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third -party privacy rights; or malicious code. 14. After Termination. Axon will not delete Agency Content for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 15. Post -Termination Assistance. Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 16. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. 17. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 6 of 13 64 Axon Evidence Justice Services Agreement Axon Customer Experience Improvement Program Appendix Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon's development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de -identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 2. ACEIP Tier 1. 2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de -identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de -identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency's request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) ("New Use Case"). 2.2. Expiration of ACEIP Tier 1. Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency's request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. Title: Axon Evidence Justice Services Agreement Department: Legal Page 7 of Version: 5.0 13 Release Date: 6/26/2023 65 Axon Evidence Justice Services Agreement could reasonably belinked directly orindirectly toAgency. 3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon's services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency Content, inaddition tothose set forth inTier iabove, without the guaranteed deployment ofaPrivacy Preserving Technique to enable product deve|opment, impnzvamont, and support that cannot be accomplished with aggregated, transformed urde-identified data. OCheck this box if Agency wants to help further improve Axon's services by participating mACElPTier 2in addition toTier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation inACE|PTier 2. Professional Services Appendix If any of the professional services specified below are included on the Quote, this Appendix applies. 1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within six (0) months of the Effective Date. 2' Axon Full Service (Axon PwU| Service). Axon Full Service includes advance remote project planning and configuration support and uptofour (4) consecutive days ofon-site service and a professional services manager towork with Agency to assess Agency's deployment and determine which on -site services are appropriate. If Agency requires more than four (4) consecutive on -site dmys. Agency must purchase additional days. Axon Full Service options include: System set mpand cmmfi�guraUom ° Instructor -led setup ofAxon View onamodphones(if applicable) ° Configure categories and custom roles based onAgency need ° Register cameras hzAgency domain ° Troubleshoot |Tissues with Axon Evidence and Axon Dock ("0mmk")access ° One on'sdesession included Dwc�cwmfigmrat|mn ° Work with Agency to decide the ideal location of Docks and set configurations, on Dock ° Authenticate Dock with Axon Evidence using adminunodenbalafrom Agency ° On'a�eassistance, not bzindudmphysical mounUngmfdo«�m BmmMpractice implementation planning session * Provide considerations for the establishment of video policy and system operations best practices based onAxon's observations with other agencies w Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management ° Provide referrals of other agencies using the Axon camera devices and Axon Evidence ° Recommend rollout plan based onreview ofshift schedules System Admm|mand troubleshooting training sessions Step-by-step explanation and oeaiotamoe hzrAguncy^o configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon camera and Axon Evidence training: needs a8erAaonhas fulfilled its contractual on -site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go -live training and support sessions ° Assistance with device set upand configuration ° Training ondevice use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guidea, camera implementation guides, network setup guide, sample policies, and omtegohes&roles guide Post go -live review Title: Axon Evidence ]usbceServices Agreement Department: Legal Vesinn:5.A Release Date: 6/26/2023 Page aof zs 66 Axon Evidence Justice Services Agreement 3. Out of Scope Services. Axon is only responsible for the performance of the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 4. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on -site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 5. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 6. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it. 7. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re -present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services. 8. Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 9 of 13 67 Axon Evidence Justice Services Agreement Add -on Services Appendix This Appendix applies to Axon Citizen for Communities, Axon Redaction Assistant, and Axon Performance. 1 Subscription Term. If Prosecutor purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as part of OSP 7, the subscription begins on the later of the (1) start date of the OSP 7 Term, or (2) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Prosecutor. If Prosecutor purchases Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Citizen for Communities, Axon Redaction Assistant, or Axon Performance to Prosecutor, or (2) first day of the month following the Effective Date. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add -on. 2 Performance Auto -Tagging Data. In order to provide some features of Axon Performance to Prosecutor, Axon will need to store call for service data from Prosecutor's CAD or RMS. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 10 of 13 68 Axon Evidence Justice Services Agreement Axon Auto -Transcribe Appendix This Appendix applies to Axon Auto -Transcribe. 1) Subscription Term. If Prosecutor purchases Axon Auto -Transcribe as part of a bundle or Axon Evidence subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Evidence license term, or (2) date Axon provisions Axon Auto -Transcribe to Prosecutor. If Prosecutor purchases Axon Auto -Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto -Transcribe to Prosecutor. Axon Auto -Transcribe minutes expire one year after being provisioned to Prosecutor by Axon. If Prosecutor cancels Auto -Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage. 2) Auto -Transcribe A -La -Carte Minutes. Upon Axon granting Prosecutor a set number of minutes, Prosecutor may utilize Axon Auto -Transcribe, subject to the number of minutes allowed on the Quote. Prosecutor will not have the ability to roll over unused minutes to future Auto -Transcribe terms. Axon may charge Prosecutor additional fees for exceeding the number of purchased minutes. 3) Axon Auto -Transcribe On -Demand. Upon Axon granting Prosecutor an On -Demand subscription to Axon Auto -Transcribe, Prosecutor may utilize Axon Auto -Transcribe with no limit on the number of minutes. The scope of Axon Auto -Transcribe On -Demand is to assist Prosecutor with reviewing and transcribing individual evidence items. In the event Prosecutor uses Axon Auto -Transcribe On - Demand outside this scope, Axon may initiate good -faith discussions with Prosecutor on upgrading Prosecutor's Axon Auto -Transcribe On -Demand to better meet Prosecutor's needs. 4) Warranty. Axon does not warrant the accuracy of Axon Auto -Transcribe. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page 11 of 13 69 Axon Evidence Justice Services Agreement Axon Application Programming Interface Appendix This Appendix applies ifAxon's API Services are included onthe Quote. 1. Definitions. 1.1. "API Client" means the software that acts as the interface between Agency's computer and the server, which ioalready developed ortobodeveloped byAgency. 1.2. "API Interface" means software implemented byAgency to configure Agency's independentAPI Client Software to operate in conjunction with the API Service for Agency's authorized Use. 1.3. "Axon Evidence Partner API, API orAxon API" (collectively "API Smrvioe^)means Axon's API which provides a programmatic means to aooeoo data inAgency's Axon Evidence account or integrate Agency's Axon Evidence account with other systems. 1.4. "Use" means any operation on Agency's data enabled by the supported API functionality. 2. Purpose and License. 2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency's use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency's use of API Service. Agency will not use API Service for commercial use. 2.2. Axon grants Agency a non-exclusive, non -transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency's Use in connection with Agency's API Client. 2.3. Axon rooenx*o the right to set limitations on Agency's use ofthe API Senvioo, such as a quota on oporaUono, to ensure stability and availability ofAxon's API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Confimuration. Agency will work independently to configure Agency's API Client with API Service for Agency's applicable Use. Agency will be required to provide certain information (such an identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency's registration, Axon will provide documentation outlining API Service information. 4. AqenoV Responsibilities. When using API Service, Agency and its end users may not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent ofintroducing any viruses, worms, defeot. Trojan homen, ma|vvare. orany items ofadestructive nature toAxon Devices and Services; 4.4. interfere with, mndify, disrupt or disable features or functionality of API Service or the nomam or networks providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer itfor use by third parties; 4.7. provide use of API Service on a xemioo buveau, rental or managed services basis orpermit other individuals orentities hocreate links hoAPI Somioe� . 4.8. frame or mirror API Service on any other server, or wireless or Internet -based device; 4.0. make available to a third -party, any token, key, password orother login credentials hoAPI Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or 4.11. disclose Axon's API manual. 5. API Content. All content related to API Service, other than Agency Content or Agency's API Client content, Tide: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page z2or zx 70 Axon Evidence Justice Services Agreement is considered Axon's API Content, including: 51. the design, structure and naming of API Service fields in all responses and requests; 5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, orreports; 5.3. the structure ofand relationship ofAPI Service resources; and 5.4. the design ofAPI Service, inany part oraoawhole. 6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted bythe cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, orsublicense hoany (hird-pahy; 6.3. misrepresent the source orownership; or 6.4. nemovo, a|ter, orobscure any confidentiality orproprietary rights notices (including copyright and trademark notices). 7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency in required to implement and use the most current version of API Service and to make any applicable changes toAgency's API Client required as a result of such API Update. API Updates may adversely affect how Agency's API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. Title: Axon Evidence Justice Services Agreement Department: Legal Version: 5.0 Release Date: 6/26/2023 Page z3or zx 71 72 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes August 12, 2024- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Pete Mayer, David Rosen, Jefri Peters, Eric Lund, John Dunn, Laurel Humphrey, Cheryl Thompson, Deron Pointer, Marty Wine Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Alternative Response Co -Responder Program Staff is seeking approval to accept a grant award in the amount of $111,000 from the Association of Washington Cities to offset costs for the contracted services of two mental health co -responders through June 30, 2024. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. B. Contract: Evidence Justice Services *Staff is seeking approval to approve an agreement with Axon in the amount of $74,437.65 through 2029 for access to Evidence Justice Software for the prosecuting attorney. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. C. Contract: Alternative Response Co -Responder Program Staff is seeking approval of a contract with Sound Health to renew the co -responder program through December 31, 2024 at the annual rate of $102,000. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. D. Resolution: Grant Applications for Riverton Park Playground and Tukwila Community Center Staff is seeking approval to apply for Washington Wildlife and Recreation Program funding in the amount of $500,000 for the Riverton Park Playground and $1,810,000 for riverside development at Tukwila Community Center. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. 73 74 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared 15) Myor's review Council review 8/19/24 PH ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: CHIEF ERIC DREVER ORIGINAL AGENDA DATE: 08 19 24 AGENDA ITEM TIThE Sound Health Contract Renewal For Co -Responder Program CA RY Discussion Alt Dale 0 Motion Mt Dak 08/19/24 Alt Resolution Dale Ordinance Mt Dale Bid_Award Mt Date Public Hearing Mt Date Other M. Date SPONSOR Canna Mayor Adnun Svcs DCD Finance Fire perR Police PTV SPONSOR'S The Police Department would like to request the Council to authorize the Mayor to sign the SUMMARY Sound Health contract renewal from 1/1/24-12/31/24 for the co -responder program. REVIEWED BY Trarts&Inficastructure Svcs kid LTAC DATE: 08/12/24 Community Svcs/Safety Finance & Governance Planning & Community Dev® Arts Comm. Parks Comm. LI Planning Comm. COMIs.HITEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONSOR/ADMIN. Community Services and Safety Committee COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT i FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ 02,000 per co -responder Fund Source: CITY'S OPIOID RELIEF SETTLEMENT FUNDS, STATE SEIZURE FUNDS, ARTG GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION 8 19/24 MTG . DATE ATTACHMENTS 8/19/24 Informational Memorandum dated 7/ 24 Contract #23-097 for 1st co -responder Contract #23-098 for 2nd co -responder Amendment 1-Renewal for contract 2 -098 8/12 CSS Minutes 75 76 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services and Safety Committee FROM: Police Chief Eric Dreyer BY: Phi Huynh CC: Mayor Ekberg DATE: July 31, 2024 SUBJECT: Renewal of Sound Health Contract #23-098 For Co -Responder Program ISSUE The Tukwila Police Department is seeking committee approval to authorize the Mayor to sign the renewal of contract #23-098 for our Sound Health co -responder through December 31, 2024. BACKGROUND In accordance with the City' s goals of a High -Performing & Effective Organization and a Positive Community Identity & Image for all Tukwila community members, the Police Department recognized that there was a need for collaboration of services when it comes to mental health and chemical addiction issues within the City of Tukwila. Our objective was to reduce the number of mentally ill and chemically dependent interventions that requires jail and hospitalizations. We also recognized the need for diversion of mentally ill and chemically dependent youth and adults from entering the criminal justice system. Co -responder programs throughout the nation have been effective in reducing the number of people entering the criminal justice system, while providing appropriate resources for their illness. The department needs to provide services that provide the appropriate high -quality services for our community members. DISCUSSION The Tukwila Police Department co -responder program is a collaborative approach designed to address the City of Tukwila' s desire to ensure Tukwila' s mentally ill and chemically - dependent community members have access to community treatment in lieu of incarceration for non-violent misdemeanor offenses, where the individual is identified by officers and confirmed by a co -responder to be demonstrating behaviors symptomatic of a mental disorder and/ or co-occurring disorder (combining mental health behavioral disorders with substance use disorders). The program accomplishes this goal by: 1) embedding mental health professionals (aka co -responders) within the police department who respond to calls when officers ask for professional (consultive) assistance by the MHP's; 2) working with and educating officers in traditional methods employed by mental health professionals to de-escalate individuals demonstrating behavioral health concerns as well as assist in providing support to identify symptoms stemming from mental illness versus chemically altered behaviors; 3) ensuring appropriate community services are accessed to facilitate diversion, including community after- care services are available to individuals diverted from incarceration. {EFM2727195.DOCX;2/13175.000001/ } 77 INFORMATIONAL MEMO Page 2 The program was first implemented as a pilot program in 2021 and has proven to be a great asset for both the Police Department and the community. The Police Department and Sound Health had since re-evaluated the program for funding and continuation of the program and had decided to move forward with contracts for two co -responders. Contract for the first co - responder (#23-097) will be good through December 31, 2024 and contract for the second co - responder (#23-098) expired on December 31, 2023 and need to be renewed through 12/31/24 to coincide with the first co -responder's contract. To ensure coverage for every day of the week, the first co -responder works from Wednesday thru Saturday 12pm to 10pm while the second co -responder works from Sunday thru Wednesday from 12pm to 10pm. FINANCIAL IMPACT In 2024, the Tukwila Police Department is utilizing a combination of the City's Opioid Relief Settlement funds, the state seizure funds, and the Association of Washington Cities (AWC) ARTG grant to fund the Co -Responder Program through December 31, 2024. The amount paid is based on the Sound Health contractual amount of $102,000 per year for each co -responder. RECOMMENDATION The Police Department would like to request the Committee to approve the Mayor to sign the renewal of contract #23-098 and forward to the August 19, 2024 Consent Agenda. ATTACHMENTS Tukwila Police Department/Sound Health contract #23-097 Tukwila Police Department/Sound Health contract #23-098 Amendment #1- Renewal for contract #23-098 78 {EFM2727195.DOCX;2/13175.000001/ }C:\Users\Melissa-M\City of Tukwila\City Clerk - Final agendas\08-12-24 CSS\Sound Health Contract Renewal\Sound Health co -responder contracts Info memo 7-2024 renewal of contract .docx City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-097 Council Approval 5/15/23 This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $102,000. 3. Contractor Budqet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Aqreement. This Agreement is in full force and effect commencing on January 1, 2023 and ending December 31, 2024, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of either party. CA Revised May 2020 Page 1 of 4 79 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. CA Revised May 2020 Page 2 of 4 80 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. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, CA Revised May 2020 Page 3 of 4 81 represents the entire and integrated Agreement between the City and the Contractor 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. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the following address: 6400 Southcenter Blvd Tukwila WA 98188 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this 31st day of May , 2023. CITY OF TUKWILA CONTRACTOR DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 5/31/2023 I 3:46 PM PDT ATTEST/AUTHENTICATED: DocuSigned by: CtUriSfG/ F 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: . Ste. 5E499CA4165E452... Office of the City Attorney By. AB6A4{. RFii7A4 I1 iDocuSigned by: Printed Name and Title: Address: Katrina Egner Interim CEO 6400 Southcenter Blvd Tukwila, WA 98188 CA Revised May 2020 Page 4 of 4 82 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Wednesday through Saturday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 83 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 84 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOOT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 85 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a total of $102,000 per year ending on December 31, 2024. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 3. The Contractor and the City agree to conduct a mid -contract review to occur approximately January 2024 to evaluate filings and compensation. 86 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 23-098 Council Approval 5/15/23 This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Sound (f/k/a Sound Mental Health), hereinafter referred to as "the Contractor," whose principal office is located at 6400 Southcenter Blvd, Tukwila, WA 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $102,000. 3. Contractor Budqet. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Aqreement. This Agreement is in full force and effect commencing April 24, 2023 and ending December 31, 2023, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. Each party shall defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of either party. CA Revised May 2020 Page 1 of 4 87 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute 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. CA Revised May 2020 Page 2 of 4 88 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeaina and Reaortina. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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. Assianment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Aareement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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 Page 3 of 4 89 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to the Contractor shall be sent to the following address: Sound Health 6400 Southcenter Blvd Tukwila WA 98188 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DS DATED this 31st day of May , 2023. CITY OF TUKWILA CONTRACTOR DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 5/31/2023 I 3:51 PM PDT ATTEST/AUTHENTICATED: L(—DocuSigned by: aust 88678483CB594E7... City Clerk, Christy O'Flaherty APPROVED AS TO FORM: DocuSigned by: L. SE499CA4165E452... Office of the City Attorney By: DocuSigned by: ACCA IC 1{3E87A48 ... Printed Name and Title: Katrina Egner Interim CEO Address: 6400 Southcenter Blvd Tukwila WA 98188 90 CA Revised May 2020 Page 4 of 4 City of Tukwila / Sound Exhibit A — Scope of Work The Contractor will provide de-escalation, diversions and referrals to appropriate services as further described herein by providing a mental health professional, hereafter referred to as "CoResponder", to assist Tukwila Police Department ("TPD") officers. The Contractor shall provide a CoResponder Sunday through Wednesday from 12pm-10pm to ride along with TPD officers. Sound CoResponder will accompany assigned TPD Officer to dispatched calls. The intent will be to respond to the following types / nature of calls; • Intoxication • Substance Use / Abuse • Welfare Check • Suicide Prevention, Assessment, and Intervention • Indecent Exposure • Trespass / Unwanted Person • Syringe Disposal / HRAC • Disturbance • Public Nuisance / Mental Health Crisis • Domestic Violence • Integrated Child Welfare It is understood that a TPD Officer may have to respond to other types of calls when the CoResponder is in the vehicle. The CoResponder will assist to de-escalate and provide guidance to divert individuals from jails and hospitalizations. CoResponder will follow-up with previously engaged individuals to track progress and efficacy. • Follow the direction of the officer at all times. • Provide history checks for individuals identified in calls for service and advise officer of any safety or mental health concerns prior to making contact. This will occur preferably before contact but at a minimum before determining a resolution. • Conduct In -field Assessments: o The TPD officer will instruct the CoResponder, as required, to remain in the patrol car or assist with initial contact. The CoResponder will not initiate contact with an individual until the TPD officer identifies the scene is safe and it is appropriate to do so. o CoResponder will conduct an initial assessment including a safety evaluation. {EFM2796034.DOCX;1/13175.000001 / } 91 o CoResponder will collaborate with the officer and coordinate a resolution and defer any legal decisions to the officer. o CoResponder will provide a follow up plan as needed. o CoResponder will insure that all documentation is completed daily. • Resolution: o Should a referral/drop-off to a facility (voluntary or involuntary) be deemed warranted, the following shall occur: • CoResponder is to contact identified facility to conduct a warm hand-off, speak to staff directly upon arrival. • CoResponder will document name and details of conversation with staff person receiving warm hand-off. • CoResponder will assist and coach the officer (as needed) in filling out any paperwork required by the facility. o Safety Plan: • If it is determined that the individual is appropriate for a safety plan the CoResponder will collaborate with the officer (as appropriate), the individual, and anyone the individual identifies (as appropriate). o CoResponder's use of a Custody Authorization: • CoResponders use of a Custody Authorization in the absence of completing a detention is to be avoided unless there is sufficient and imminent risk that if the individual is not taken in to custody that there is likely and expected harm. When a Custody Authorization is completed the CoResponder will coordinate with the officer to arrange transport. In most cases this will include having an ambulance dispatched but is at the discretion of the officer to provide transportation. CoResponder will arrive at destination facility with or shortly after the arrival of the individual to coordinate with an identified social worker. CoResponder is responsible for coordinating follow up for continued investigation pending medical clearance. Complete DCR investigation as required/indicated by including documentation, paperwork, and coordination with medical personnel. o In the event a CoResponder is expected to be off shift before the investigation can be concluded they will coordinate with the drop off/referral facility to establish appropriate coordination of care and document the identified Social Worker and clinician. • CoResponder will submit additional documentation of contact in a Word document that will later be provided to an officer. The officer will enter the document into the TPD's record keeping system (Spillman). • CoResponder and TPD officer will determine if and when the CoResponder should be returned to the TPD so that the TPD officer can continue normal patrol duties. • CoResonder Detaining in the Field: o CoResponder is to follow all the policies and procedures of conducting and completing a mental health detention as is expected, this includes: • Arriving with or shortly after the detained individual at the identified facility to coordinate with that facility's social worker. {EFM2796034.DOCX;1/13175.000001 / } 92 • It is to be clearly stated that the individual is detained and follow up is to occur by contacting the CoResponder directly. • In the event a CoResponder is expected to be off shift before the conclusion of a mental health detention the CoResponder will coordinate with the facility and MOOT to establish appropriate coordination of care. Document the identified Social Worker and Crisis Team clinician and the CoResponder will submit additional documentation of contact in Spillman. • TPD Officers may request follow ups for CoResponders. o CoResponders will prioritize follow ups by assessed need and provide an update to referring officer as appropriate. o Follow ups are intended to identify the best resources for clients to be referred to and to assist with coordinating those resources. o CoResponders do not carry a case load and ongoing follow up is at clinician discretion. {EFM2796034.DOCX;1/13175.000001 / } 93 Exhibit B- Compensation and Method of Payment 1. For all co -responder services set forth in Exhibit A, the Contractor will be paid a prorated amount from April 24, 2023 to December 31, 2023, based on the full year contract rate of $102,000 per year for 2023. 2. The Contractor shall invoice the city by the 10th day of each month following the month of service. 94 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Sound That portion of Contract No. 23-098 between the City of Tukwila and Sound (f/k/a Sound Mental Health) is hereby amended as follows: Section 4: Duration of agreement: This agreement is in full force and effect commencing January 1, 2024 and ending December 31, 2024, unless sooner terminated under the provisions herein after specified. All other provisions of the contract shall remain in full force and effect. Dated this August day of , 2024. ** City signatures to be obtained by ** Contractor signature to be obtained by City Clerk's Staff ONLY. ** sponsor, CITY OF TUKWILA Thomas McLeod, Mayor CONTRACTOR: By: Printed Name: ATTEST/AUTHENTICATED: Title: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CA Reviewed May 2020 Page l of 95 96 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes August 12, 2024- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Pete Mayer, David Rosen, Jefri Peters, Eric Lund, John Dunn, Laurel Humphrey, Cheryl Thompson, Deron Pointer, Marty Wine Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Alternative Response Co -Responder Program Staff is seeking approval to accept a grant award in the amount of $111,000 from the Association of Washington Cities to offset costs for the contracted services of two mental health co -responders through June 30, 2024. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. B. Contract: Evidence Justice Services Staff is seeking approval to approve an agreement with Axon in the amount of $74,437.65 through 2029 for access to Evidence Justice Software for the prosecuting attorney. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. C. Contract: Alternative Response Co -Responder Program Staff is seeking approval of a contract with Sound Health to renew the co -responder program through December 31, 2024 at the annual rate of $102,000. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. D. Resolution: Grant Applications for Riverton Park Playground and Tukwila Community Center Staff is seeking approval to apply for Washington Wildlife and Recreation Program funding in the amount of $500,000 for the Riverton Park Playground and $1,810,000 for riverside development at Tukwila Community Center. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. 97 98 COUNCIL AGENDA SYNOPSIS Indials Meeting Date Prepared fy Mayor r review Council review 08/12/24 ESC 08/19/24 ESC ITEM INFORMATION ITEM No. 5.G. STAFF SPONSOR: ERIC COMPTON 0RIGINALAGENI7A DATE: 08/ 12/24 AGENDA ITEM E Franchise Agreement with Wholesail N orks CATEGORY Discussion ig Date 8112124 Motion 1' I v Date ' I R Resols Lion Date Ordinance ?4,11g Date 08/19/24 Bid and %l g Date Pub/i Hearing Mtg Date Other e11tg Date SPONSOR ❑ Council ❑ Mayor Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PI" SPONSOR'S Wholesail Networks, doing business as Ziply Fiber, is a local internet service provider SUMMARY looking to expand their footprint across Washington. Wholesail has inherited existing network infrastructure via acquisitions and so has not had a previous Franchise Agreement with the City. Council is being asked to approve the ordinance for the franchise agreement which will allow Wholesail/Ziply to continue to develop their infrastructure and expand their service in Tukwila. TIE aED BY ri Trans&Infeastruchue Svcs ❑ Comrnuxnity Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm.. ❑ Planning Comm.. DATE: 7/22/24 COMA UTEE C R AR EN PAPYAN COMMENDATIONS: SPONSOR/ADMIN. Technology and Innovation Services / Joel Bush COAniI:I'ITEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE EQUI AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $d $0 Fund Source: No FUNDING REQUIRED Comments: Under the terms of the Franchise, Wholesail is required to pay a $5000 administrative fee MTG. DATE RECORD OF COUNCIL ACTION 8/12/24 Forward to 8/19 Regular Meeting Consent 8/19/24 MTG. DATE ATTACHMENTS 8/12/24 Informational Memorandum dated 7/3/24 Draft Ordinance/Franchise Agreement 7/22 TI I Minutes 8/19/24 Final Ordinance & Franchise Agreement 99 100 Washington Ordinance No, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING TO WHOLESAIL NETWORKS, LLC, AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE, AND REPAIR A TELECOMMUNICATIONS NETWORK IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS -OF -WAY IN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Wholesail Networks, LLC (the "Franchisee" or "Wholesail") has requested that the City Council grant a nonexclusive franchise (this "Franchise") for purposes of operating and maintaining a telecommunications network; and WHEREAS, the City Council has the authority to grant franchises for the use of its streets and other public properties pursuant to RCW 35A.47.040; and WHEREAS, the Tukwila Municipal Code requires persons who are seeking to operate and maintain wireline telecommunications facilities in City rights -of -way to obtain a franchise to do so; and WHEREAS, the City is willing to grant the rights requested by Franchisee for a wireline franchise subject to certain terms and conditions, which are acceptable to both parties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Franchise, The franchise agreement, attached and incorporated herein as Attachment A, is hereby approved and adopted by the Tukwila City Council. The term of the franchise shall be for five (5) years, commencing on the date the last party executes the franchise 2024 Legisfatioru Whollesail Networks Franchise Agreement Version; 07,10512024 Staff: E. Compton Page 1 of 2 101 Section 2. Terms & Conditions. The terms and conditions governing the franchise specified in Section 1. shall be those set forth on Attachment A to this Ordinance and incorporated herein by this reference as if set forth in full. Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to this Ordinance shall not become effective until its terms and conditions are accepted by Wholesail Networks, LLC. Such acceptance shall contain any required letter of credit, evidence of insurance, all applicable fees pursuant to Section 14. of the Franchise, and shall be filed with the City Clerk within sixty (60) days after the effective date of this Ordinance. Such instrument shall conform substantially to Attachment B, and evidence the unconditional acceptance of the terms hereof and a promise to comply with and abide by the provisions, terms and conditions hereof. Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024 ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Attachment A — Wholesail Networks, LLC, Franchise Agreement Attachment B — Wholesail Networks, LLC, Statement of Acceptance 2024 Legislation: Wholesail Networks Franchise Agreement Version: 07/05/2024 Staff: E. Compton Page 2 of 2 102 ATTACHMENT A [See attached.] 103 104 TELECOMMUNICATIONS FRANCHISE Between CITY OF TUKWILA, WASHINGTON and WHOLESAIL NETWORKS, LLC This Telecommunications Franchise is entered into by and between the City of Tukwila, Washington a municipal corporation, hereinafter ("the City") and Wholesail Networks, who is hereinafter known as (the "Franchisee"). The City and Franchisee are sometimes referred to hereinafter collectively as the "parties." Section 1. Franchise Granted. Section 1.1. Pursuant to RCW 35A.47.040, the City hereby grants to Franchisee a non-exclusive franchise (the "Franchise") under the terms and conditions contained in this franchise ordinance (the "Franchise Ordinance"). Section 1.2. This Franchise grants Franchisee the right, privilege, and authority to construct, operate, maintain, replace, acquire, sell, lease and use all necessary Facilities for a telecommunications network, in, under, on, across, over, through, along or below the public Rights -of -Ways located in the City of Tukwila, as approved pursuant to City permits issued pursuant to this Franchise and in accordance with all applicable federal, state, and local codes. (a) "Facilities" as used in this Franchise means one or more elements of Franchisee's telecommunications network, with all necessary cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary appurtenances; provided that placement by Franchisee of new utility poles is specifically excluded unless otherwise specifically approved by the City. Equipment enclosures with air conditioning or other noise generating equipment are also excluded from "Facilities," to the extent such equipment is located in zoned residential areas of the City. For the purposes of this Franchise the term Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as defined by RCW 80.36.375, and "macrocell" facilities, including towers and new Page 1 of 45 { E F M4895-9658-92 57;1/13175.000042/} 105 base stations and other similar facilities (except for fiber optic cables) used for the provision of "personal wireless services" as defined by RCW 80.36.375. (b) Public "Rights -of -Way" means land acquired or dedicated to the public or that is hereafter dedicated to the public and maintained under public authority, including, but not limited to, public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks, utility easements and similar public property located within the franchise area but does not include: State highways; land dedicated for road, streets, highways not opened and not improved for motor vehicle use by the public; structures including poles and conduits located within the right-of-way; federally granted trust lands or forest board trust lands; lands owned or managed by the State Parks and Recreation Commission; federally granted railroad rights - of -way acquired under 43 USC § 912 and related provisions of federal law that are not open for vehicular use; or leasehold or City -owned property to which the City holds fee title or other title and which is utilized for park, utility or a governmental or proprietary use (for example, buildings, other City -owned physical facilities, parks, poles, conduits, fixtures, real property or property rights owned or leased by the City not reserved for transportation purposes). Section 2. Authority Limited to Occupation of the Public Rights -of -Way Section 2.1. The authority granted pursuant to this Franchise is a limited authorization to occupy and use the Rights -of -Way throughout the City (the "Franchise Area"). No right to install any facility, infrastructure, wires, lines, cables, or other equipment, on any City property other than a Right -of -Way, or upon private property without the owner's consent, or upon any public or privately owned utility poles or conduits is granted herein. Franchisee hereby represents that it expects to provide the following services within the City: high speed data and fiber optic services, internet protocol -based services, internet access services, conduit and dark fiber leasing, telephone, exchange access service, data transport and other telecommunications and information services (the "Services"). Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Rights -of -Way of the City to the Franchisee other than for the purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way {E FM4895-9658-9257;1/13175.000042/} 106 Page 2 of 45 as a public thoroughfare. Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6) or personal wireless services, without obtaining a new franchise or an amendment to this Franchise approved by the City Council. Section 2.2. Notwithstanding the existence of this Franchise, the installation, construction, maintenance, use, operation, replacement and removal by Franchisee of any one or more Franchise Facilities will be subject to all applicable provisions of Title 11 TMC, including, but not limited to, the City's Infrastructure, Design, and Construction Standards, adopted by the City's Public Works Department of Public Works, the terms and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms and conditions of City building permits issued pursuant to Title 16 TMC, and all other applicable laws, rules and regulations. Section 2.3. Upon sixty (60) days' written notice to the City, Franchisee shall have the right to offer or provide capacity or bandwidth to its customers consistent with this Franchise, provided: (a) Franchisee at all times retains exclusive ownership over its telecommunications system, Facilities and Services and remains responsible for constructing, installing, and maintaining its Facilities pursuant to the terms and conditions of this Franchise; (b) Franchisee may not grant rights to any customer or lessee that are greater than any rights Franchisee has pursuant to this Franchise, provided that leases or other commercial arrangements for the use of the Facilities installed pursuant to this Franchise may extend beyond the term of the Franchise; (c) Such customer or lessee shall not be construed to be a third -party beneficiary under this Franchise; and (d) No such customer or lessee may use the telecommunications system or Services for any purpose not authorized by this Franchise, unless such rights are otherwise granted by the City. Page 3 of 45 { E F M4895-9658-92 57;1/13175.000042/} 107 Section 3. Non -Exclusive Franchise. Section 3.1. This Franchise is granted to the Franchisee upon the express condition and understanding that it shall be a non-exclusive Franchise which shall not in any manner prevent or hinder the City from granting to other parties, at other times and under such terms and conditions as the City, in its sole discretion, may deem appropriate, other franchises or similar use rights in, on, to, across, over, upon, along, under or through any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or prohibit the City from using any of the roads, Public Rights -of -Way or other public properties covered or affected by this Franchise, nor shall this Franchise affect the City's jurisdiction, authority or power over any of them, in whole or in part. The City expressly retains its power to make or perform any and all changes, relocations, repairs, maintenance, establishments, improvements, dedications, or vacations of or to any of the roads, Public Rights -of -Way or other public properties covered or affected by the Franchise as the City may, in its sole and absolute discretion, deem fit, including the dedication, establishment, maintenance and/or improvement of new Public Rights -of - Way, thoroughfares and other public properties of every type and description. Section 4. Term; Early Termination. Section 4.1. The initial term of the Franchise shall be for a period of five (5) years (the "Initial Term"), beginning on the Effective Date of the Franchise, and continuing until the date that is one day prior to the fifth anniversary of the Effective Date (the "Initial Term Expiration Date"), unless earlier terminated, revoked or modified pursuant to the provisions of this Franchise. Section 4.2. The Franchise granted by this Ordinance shall automatically renew on the fifth anniversary of the Effective Date with the same terms and conditions as set forth in this Franchise, for one (1) additional five (5) year (the "Renewal Term," and, together with the Initial Term, the "Term"), unless either party provides one hundred twenty (120) days written notice to the other party to request an amendment to the Franchise. { E F M4895-9658-92 57;1/13175.000042/} 108 Page 4 of 45 Section 5. Location of Facilities. Section 5.1. Franchisee is maintaining a telecommunications network, consisting of Facilities within the City. Franchisee may locate its Facilities anywhere within the Franchise Area consistent with the City's Infrastructure, Design and Construction standards and the Tukwila Municipal Code and subject to the City's applicable permit requirements. Franchisee shall not commence any construction or other similar work within a Public Right -of -Way until (i) a right-of-way use permit authorizing such work has been issued by the City pursuant to Title 11 TMC for a site -specific location or installation, including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building permit authorizing such work has been issued by the City. Section 5.2. To the extent that any Rights -of -Way within the Franchise Area are part of the state highway system ("State Highways"), are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department of Transportation (WSDOT) regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Franchisee specifically agrees that: (a) any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT requirements; (b) any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT requirements; and (c) without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. Section 6. Relocation of Facilities Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice, it will promptly, at its sole cost and expense, protect, support, temporarily disconnect, relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities when so required by the City due to any of the following reasons: (i) traffic conditions, Page 5 of 45 {E FM4895-9658-9257;1/13175.000042/} 109 (ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or improvement thereof, (iv) widening and/or improvement of existing rights -of -way, (v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road grade, or (viii) the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; PROVIDED that the Franchisee shall generally have the privilege to temporarily bypass, in the authorized portion of the same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee Facilities required to be temporarily disconnected or removed. The provisions of this Section 6. apply to all Franchisee Facilities wheresoever situated within any Public Right - of -Way, regardless of whether the Franchisee Facility at issue was originally placed in such location under the authority of an easement or other property interest prior to the property becoming a Public Right -of -Way. For the avoidance of doubt, such projects shall include any Right -of -Way improvement project, even if the project entails, in part, related work funded and/or performed by or for a third party, provided that such work is performed for the public benefit, and not primarily for the benefit of a private entity, and shall not include, without limitation, any other improvements or repairs undertaken by or for the sole benefit of third party private entities. Collectively all such projects described in this Section 6.1 shall be considered a "Public Project". Except as otherwise provided by law, the costs and expenses associated with relocations or disconnections ordered pursuant to this Section 6.1 shall be borne by Franchisee. Nothing contained within this Franchise shall limit Franchisee's ability to seek reimbursement for relocation costs when permitted by RCW 35.99.060. Section 6.2. Upon the request of the City and in order to facilitate the design of City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and expense, to locate and, if reasonably determined necessary by the City, to excavate and expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection so that the location of the facilities may be taken into account in the Public Project design; PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee Facilities submitted pursuant to Section 13. of this Franchise are reasonably determined by the Public Works Director to be inadequate for the City's planning purposes. The { E F M4895-9658-92 57;1/13175.000042/} 110 Page 6 of 45 decision to require relocation of any Franchisee Facilities in order to accommodate Public Projects shall be made by the Public Works Director upon review of the location and construction of the Franchisee Facilities at issue. Where the City incurs additional costs in performing any maintenance, operation, or improvement of or to public facilities due to measures taken by the City to avoid damaging or to otherwise accommodate one or more Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such additional costs promptly upon receiving the City's invoice for same. Section 6.3. Any condition or requirement imposed by the City upon any person or entity (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction or development) which reasonably necessitates the relocation of any Franchisee Facilities shall constitute a required relocation for purposes of this Section 6. Section 6.4. If the City determines that the Public Project necessitates the relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation, and the City shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation Date. Franchisee shall complete the relocation by the Relocation Date, unless the City or a reviewing court establishes a later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to involve Franchisee in the predesign and design phases of any Public Project. After receipt of the written notice containing the Relocation Date, Franchisee shall relocate such facilities to accommodate the Public Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. Section 6.5. If Franchisee fails to complete this work within the time prescribed above and to the City's satisfaction, the City may cause such work to be done and bill the Page 7 of 45 {E FM4895-9658-9257;1/13175.000042/} 111 cost of the work to Franchisee, including all costs and expenses incurred by the City due to Franchisee's delay. In such event, the City shall not be liable for any damage to any portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment, and that delay results in any delay damage accrued by or against the City, Franchisee will be liable for all documented costs of construction delays attributable to Franchisee's failure to timely act. Franchisee reserves the right to challenge any determination by the City of costs for construction delays related to an alleged failure to act in accordance with this Section 6.5. Section 6.6. Franchisee will indemnify, defend, hold harmless, and pay the costs of defending the City, in accordance with the provisions of Section 19. against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. Section 6.7. In the event of an emergency posing a threat to public safety or welfare, or in the event of an emergency beyond the control of the City which will result in severe financial consequences to the City, which necessitates the relocation of Franchisee's Facilities, Franchisee shall relocate its Facilities within the time period specified by the City. Section 6.8. The provisions of this Section 6. shall in no manner preclude or restrict Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated, or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 6.9. Whenever any person shall have obtained permission from the City to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty {E FM4895-9658-9257;1/13175.000042/} 112 Page 8 of 45 (30) days' written notice from the City, shall raise, remove, or relocate to another part of the Right -of -Way, at the expense of the person desiring to move the building, any of Franchisee's Facilities that may obstruct the removal of such building. Section 6.10. The provisions of this Section 6. shall survive the expiration, revocation, abandonment or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights -of -Way. Section 7. Undergroundinq of Facilities. Section 7.1. Except as specifically authorized by permit of the City, Franchisee shall not be permitted to erect poles. All Facilities shall be installed underground. Franchisee acknowledges and agrees that if the City does not require the undergrounding of its Facilities at the time of permit application, the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to underground installation at Franchisee's expense; provided that the City requires all other wireline utilities, except electrical utilities, with aerial facilities in the area to convert such facilities to underground installation at the same time. Unless otherwise permitted by the City, Franchisee shall underground its Facilities in all new developments and subdivisions, and any development or subdivision where all utilities, other than electrical utilities, are currently underground. Section 7.2. Whenever the City may require the undergrounding of the aerial utilities (other than electrical utilities and personal wireless services facilities) in any area of the City, Franchisee shall underground its aerial facilities in the manner specified by the City, concurrently with and in the area of the other affected utilities. The location of any such relocated and underground utilities shall be approved by the City. Where other utilities are present and involved in the undergrounding project, Franchisee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Franchisee's own Facilities. "Common costs" shall include necessary costs not specifically attributable to the undergrounding of any particular facility, such as costs for common trenching and utility vaults. "Fair share" shall be determined for a project on the basis of the number and size of Franchisee's Page 9 of 45 {E FM4895-9658-9257;1/13175.000042/} 113 Facilities being undergrounded in comparison to the total number and size of all other utility facilities being undergrounded. Section 7.3. To the extent Franchisee is providing Services to personal wireless services facilities, Franchisee shall adhere to the design standards for such personal wireless services facilities, and shall underground its Facilities and/or place its Facilities within the pole as may be required by such design standards. For the purposes of clarity, this Section 7.3 does not require undergrounding or interior placement of Facilities within the pole to the extent that the personal wireless services facilities are located on utility poles that have pre-existing aerial wireline facilities and provided such construction of Franchisee's Facilities continue to comply with Section 7.1 or Section 7.2. Section 7.4. Franchisee shall not remove any underground cable or conduit that requires trenching or other opening of the Rights -of -Way along the extension of cable to be removed, except as provided in this Section 7.4. Franchisee may remove any underground cable and other related facilities from the Right -of -Way that has been installed in such a manner that it can be removed without trenching or other opening of the Right -of -Way along the extension of cable to be removed, or if otherwise permitted by the City. Franchisee may remove any underground cable from the Rights -of -Way where reasonably necessary to replace, upgrade, or enhance its Facilities, or pursuant to Section 6. When the City determines, in the City's sole discretion, that Franchisee's underground Facilities must be removed in order to eliminate or prevent a hazardous condition, Franchisee shall remove the cable or conduit at Franchisee's sole cost and expense. Franchisee must apply and receive a permit, pursuant to Section 9. , prior to any such removal of underground cable, conduit and other related facilities from the Right -of -Way and must provide as -built plans and maps pursuant to Section 13.1. Section 7.5. Both the City and Franchisee shall be entitled to reasonable access to open utility trenches, provided that such access does not interfere with the other party's placement of utilities or increase such party's actual costs. Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs to access the open trench and any costs associated with the delay of the completion of a public works project. {E FM4895-9658-9257;1/13175.000042/1 114 Page 10 of 45 The City shall pay to the Franchisee the incremental costs of providing such access to the open trench. Section 7.6. The provisions of this Section 7. shall survive the expiration, revocation, abandonment or termination of this Franchise. Nothing in this Section 7. shall be construed as requiring the City to pay any costs of undergrounding any of the Franchisee's Facilities. Section 8. Emergency Work/Dangerous Conditions. Section 8.1. In the event of any emergency in which any of Franchisee's Facilities located in or under any street endangers the property, life, health or safety of any person, or if Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Tukwila City Hall is open for business. The City retains the right and privilege to cut or move any Facilities located within the Rights -of - Way of the City, in response to any public health or safety emergency and Franchisee shall be liable to the City for the costs thereof. Section 8.2. The City shall not be liable for any damage to or loss of Facilities within the Rights -of -Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights - of -Way by or on behalf of the City, except to the extent directly and proximately caused by sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section 8. except to the extent caused by the sole negligence, intentional misconduct or criminal actions of the City, its employees, contractors, or agents. Page 11 of 45 {E FM4895-9658-9257;1/13175.000042/1 115 Section 8.3. Whenever the construction, installation or excavation of Facilities conducted by Franchisee as authorized by this Franchise has caused or materially contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may enter upon the property and take such reasonable actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof. Section 9. Work in the Rights -of -Way. Section 9.1. During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice (except in the case of an emergency) of its intent to commence work in the Rights -of -Way. The City shall only {E FM4895-9658-9257;1/13175.000042/1 116 Page 12 of 45 issue permits that are in compliance with the TMC and the City's generally applicable design standards. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights -of -Way, and all work by the Franchisee in the area shall be performed in accordance with applicable City standards and specifications. In no case shall any work commence within any Rights -of - Way without a permit, except as otherwise provided in this Franchise. Section 9.3. If the Franchisee shall at any time plan to make excavations in any area covered by this Franchise and as described in this Section 9.3, the Franchisee shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (a) Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; (b) Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) Franchisee may deny such request for safety reasons. Section 9.4. Except for emergency situations, Franchisee shall give at least seven (7) days' prior notice of intended construction to residents in the affected area prior to any underground construction or disturbance. Such notice shall contain the dates, contact number, nature and location of the work to be performed. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Franchisee shall physically post a notice on the property indicating the nature and location of the work to be performed. Door hangers are permissible methods of notifications to residents. Franchisee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Franchisee shall restore the private property as nearly as possible to its condition prior to construction, except for any change in condition not caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements on private property caused by Franchisee's work shall, at the sole expense of Franchisee, Page 13 of 45 {E FM4895-9658-9257;1/13175.000042/} 117 be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private property without the permission of such private property owner, or as otherwise authorized by applicable law. Section 9.5. Upon receipt of a permit (except in emergency situations), Franchisee may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming in contact with Franchisee's Facilities. The right to trim trees in this Section 9.5 shall only apply to the extent necessary to protect above ground Facilities. Franchisee's tree trimming activities shall protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. All trimming shall be at the expense of Franchisee. Franchisee may contract for such services, however, any firm or individual so retained must first receive City approval prior to commencing such trimming. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City except to the extent it is necessary that Franchisee trims trees or vegetation upon, overhanging, or encroaching on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent such vegetation from coming in contact with Franchisee's Facilities. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify, defend and hold harmless the City from third -party claims of any nature arising out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Public Works Director or designee. Section 9.6. Franchisee shall meet with the City and other franchise holders and users of the Rights -of -Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights -of -Way. All construction locations, activities, { E F M4895-9658-92 57;1/13175.000042/} 118 Page 14 of 45 and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights - of -Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070 and TMC 11.32.090(C)(1). Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section 9.9. The provisions of this Section 9. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 10. Restoration. Section 10.1. Franchisee shall, after installation, construction, relocation, maintenance, or repair of its Facilities, or after abandonment approved pursuant to Section 22. , promptly remove any obstructions from the Rights -of -Way and restore the surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such installation, construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for any changes to the Rights -of -Way not caused by Franchisee. The Public Works Director or designee shall have final approval of the condition of such Rights -of -Way after restoration. All concrete encased survey monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and Page 15 of 45 {E FM4895-9658-9257;1/13175.000042/} 119 specifications. Section 10.2. Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by work to the Franchise Area or other affected area at its sole cost and expense and according to the time and terms specified in the construction permit issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in accordance with applicable City standards. Section 10.3. If conditions (e.g. weather) make the complete restoration required under Section 10. impracticable, Franchisee shall temporarily restore the affected Right - of -Way or property. Such temporary restoration shall be at Franchisee's sole cost and expense. Franchisee shall promptly undertake and complete the required permanent restoration when conditions no longer make such permanent restoration impracticable. Section 10.4. In the event Franchisee does not repair a Right -of -Way or an improvement in or to a Right -of -Way within the time reasonably directed to by the Public Works Director, or designee, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in accordance with the provisions of Section 14.3 and Section 14.4. In addition, and pursuant to Section 14.3 and Section 14.4, the City may bill Franchisee for expenses associated with the inspection of such restoration work. The failure by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City including the imposition of damages consistent with Section 24. . Section 10.5. The provisions of this Section 10. shall survive the expiration, revocation, abandonment, or termination of this Franchise. Section 11. Safety Requirements. Section 11.1. Franchisee 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 lines, equipment, and connections in, over, under, and upon the Rights - of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, {E FM4895-9658-9257;1/13175.000042/1 120 Page 16 of 45 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. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist, and becomes known to the City, the City agrees to give Franchisee written notice of such condition and afford Franchisee a reasonable opportunity to repair the same. If Franchisee 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 Franchisee and reimbursed to the City pursuant to Section 14.3 and Section 14.4. Section 11.3. Additional safety standards include: (a) Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. (b) All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry -standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. (c) Any opening or obstruction in the Rights -of -Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee 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. Page 17 of 45 { E F M4895-9658-92 57;1/13175.000042/} 121 Section 11.4. Stop Work Order. 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: (a) Be in writing; (b) Be given to the person doing the work or posted on the work site; (c) Be sent to Franchisee by overnight delivery; (d) Indicate the nature of the alleged violation or unsafe condition; and (e) Establish conditions, consistent with the applicable laws, regulations, ordinances or generally applicable standards under which work may be resumed. Section 12. Work of Contractors and Subcontractors. Section 12.1. Franchisee'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 are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee 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 Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section 13. Maps and Records. Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of substantial completion of any construction project involving a Public Right -of -Way, provide to the City, at no cost to the City, accurate copies of as -built plans and maps stamped and signed by a professional land surveyor or engineer in a form and content acceptable to the Public Works Director or designee. Section 13.2. Within thirty (30) days of a written request from the Public Works Director, the Franchisee shall furnish the City with information sufficient to demonstrate: { E F M4895-9658-92 57;1/13175.000042/} 122 Page 18 of 45 (1) that the Franchisee has complied with all applicable requirements of this Franchise; and (2) that all taxes, including but not limited to sales, utility and/or telecommunications taxes, due the City in connection with the Franchisee's services and Facilities provided by the Franchisee have been properly collected and paid by the Franchisee. Section 13.3. Books, records, maps, and other documents maintained by Franchisee with respect to its Facilities within the Rights -of -Way and which are reasonably necessary to demonstrate compliance with the terms of this Franchise, shall, after reasonable prior notice from the City, be made available for inspection by the City at reasonable times and intervals but no more than one time each calendar year or upon the City's reasonable belief that there has been a violation of this Franchise by Franchisee; provided, however, that nothing in this Section 13.3 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this Section 13.3 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. Unless otherwise permitted or required by State or federal law, nothing in this Section 13.3 shall be construed as permission to withhold relevant customer data from the City that the City requests in conjunction with a tax audit or review; provided, however, Franchisee may redact identifying information such as names, street addresses (excluding City and zip code), Social Security Numbers, or Employer Identification Numbers related to any confidentiality agreements Franchisee has with third parties. Section 13.4. Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose such information to comply with a utility tax audit, or in the event the City is permitted to charge franchise fees as further described in Section 15.1, or as otherwise required in this Franchise. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential, trade secret, or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee may take Page 19 of 45 {E FM4895-9658-9257;1/13175.000042/1 123 appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court overturns such injunction or court order and such higher court action is or has become final and non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. Section 13.5. On an annual basis, upon thirty (30) days prior written notice, the City shall have the right to conduct an independent audit of Franchisee's records reasonably related to the administration or enforcement of this Franchise and the collection of utility taxes, in accordance with GAAP. If the audit shows that tax payments have been underpaid by three percent (3%) or more, Franchisee shall pay the total cost of the audit. Section 14. Costs and Fees. Section 14.1. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and processing this Franchise, not to exceed $5,000. No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of this fee; further, this Franchise shall be considered void if the fee is not paid within ninety (90) days of receipt of the invoice. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, {E FM4895-9658-9257;1/13175.000042/} 124 Page 20 of 45 Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 14.3. Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. Section 14.3. Consistent with state law, Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Right -of - Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Right -of -Way as the result of the presence of Franchisee's Facilities in the Right -of -Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation or rerouting of Franchisee's Facilities for any City public works project. Section 14.4. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. Billing will be made on a monthly basis. Section 15. City's Reservation of Rights Section 15.1. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.21.860. As a result, the City will not impose a Franchise fee under the terms of this Franchise, other than as described herein. The City hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the statutory prohibitions of Page 21 of 45 {E FM4895-9658-9257;1/13175.000042/} 125 RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate Franchise for its change in use. Nothing contained herein shall preclude Franchisee from challenging any such new fee or separate agreement under applicable federal, State, or local laws. Section 15.2. Franchisee acknowledges that its operation with the City constitutes a telecommunications business subject to the utility tax imposed pursuant to the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a telephone business and that Franchisee shall pay to the City the rate applicable to such taxable services under TMC Chapter 3.50, and consistent with state and federal law. The parties agree however, that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend TMC Chapter 3.50 as may be permitted by law. Nothing in this Franchise is intended to alter, amend, modify or expand the taxes and fees that may be lawfully assessed on Franchisee's Services. Section 16. Police Powers and City Ordinances. Section 16.1. Nothing in this Franchise Ordinance shall be deemed to restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of the Franchise granted by this Franchise Ordinance, including, but not limited to, any valid ordinance made in the exercise of the City's police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations, including design standards and utility accommodation policies, the location, elevation, manner of construction, and maintenance of any Franchisee Facilities located within any Public Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of law or be deemed discriminative under the Telecommunication Act of 1996. In the event of a conflict between the regulatory provisions of this Franchise Ordinance and any other ordinance(s) enacted under the {E FM4895-9658-9257;1/13175.000042/} 126 Page 22 of 45 City's police power authority, such other ordinance(s) shall take precedence over the regulatory provisions set forth herein. Section 17. Limitation of City's Liability. Section 17.1. Administration by the City of the Franchise granted by this Franchise Ordinance shall not be construed to create the basis for any liability to any third party on the part of the City, its elected and appointed officials, officers, employees, and agents for any injury or damage from the failure of the Franchisee to comply with the provisions of this Franchise Ordinance; by reason of any plan, schedule or specification review, inspection, notice and order, permission, or other approval or consent by the City; for any action or inaction thereof authorized or done in connection with the implementation or enforcement of the Franchise by the City; or for the accuracy of plans submitted to the City. Section 18. Compliance with All Applicable Laws. Section 18.1. Each party agrees to comply with all present and future federal, state and local laws, ordinances, rules and regulations. Neither the City nor Franchisee waive any rights they may have under any such laws, rules or regulations. This Franchise is subject to ordinances of general applicability enacted pursuant to the City's police powers. Franchisee further agrees to remove all liens and encumbrances arising as a result of said use or work. Franchisee shall, at its own expense, maintain its Facilities in a safe condition, in good repair and in a manner reasonably suitable to the City. Additionally, Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such federal or state statute or regulation when such statute, regulation, or ordinance necessitates this Franchise be amended in order to remain in compliance with applicable laws, but only upon providing Franchisee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Page 23 of 45 {E FM4895-9658-9257;1/13175.000042/} 127 Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, Franchisee makes a written request for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, either party may pursue any available remedies at law or in equity. Section 19. Indemnification Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise. Section 19.2. Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this Section 19. . These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. Section 19.3. The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 19.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert witness fees, costs, and attorney's fees, and including {E FM4895-9658-9257;1/13175.000042/} 128 Page 24 of 45 costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. Section 19.4. The parties acknowledge that this Franchise may be subject to RCW 4.24.115. Accordingly, 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 Franchisee and the City, its officers, officials, employees, and volunteers, Franchisee's liability shall be only to the extent of Franchisee's negligence. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. Section 19.5. Notwithstanding any other provisions of this Section 19. , Franchisee 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, 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, intentional misconduct or criminal actions on the part of the City, its officers, agents, Page 25 of 45 {E FM4895-9658-9257;1/13175.000042/} 129 employees, volunteers, or elected or appointed officials, or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages, lost profits and consequential damages, brought by or under users of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors except to the extent any such damage or destruction is caused by or arises from the sole negligence or intentional misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Section 19.6. The provisions of this Section 19. shall survive the expiration, revocation, termination, or abandonment of this Franchise. Section 20. Insurance. Section 20.1. Franchisee shall procure and maintain for the duration of the Franchise and as long as Franchisee 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. Franchisee's maintenance of insurance as required by the Franchise shall not be construed to limit the liability of Franchisee 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. Franchisee shall obtain insurance of the types and coverage described below: { E F M4895-9658-92 57;1/13175.000042/} 130 Page 26 of 45 (i) 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 contractual liability arising out of "insured contract" as defined in the ISO CG 00 01. 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 Franchisee's Commercial General Liability insurance policy with respect 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. (ii) Business 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. (iii) Contractors Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of Franchisee. 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. (iv) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (v) Excess or Umbrella Liability insurance shall be excess over Franchisee's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the Contractor's Excess or Umbrella Liability insurance policy. (c) Minimum Amounts of Insurance. Franchisee shall maintain the following insurance limits: (i) Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. (ii) Business Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. Page 27 of 45 {E FM4895-9658-9257;1/13175.000042/} 131 (iii) Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. (iv) 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 Franchisee's Commercial General Liability and Business Automobile Liability insurance, or any combination thereof that achieves the overall required limits. (d) Other Insurance Provisions. Franchisee's Commercial General Liability, Business 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 the City. Any insurance, self-insurance, or self - insured pool coverage maintained by the City shall be excess of Franchisee'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. (f) Verification of Coverage. Franchisee shall furnish the City with certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Franchise. Upon request by the City, Franchisee shall furnish certified copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all subcontractors' coverage. (g) Subcontractors. Franchisee shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of Franchisee -provided insurance as set forth herein, except Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. (h) Notice of Cancellation. Franchisee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. {E FM4895-9658-9257;1/13175.000042/} 132 Page 28 of 45 (i) Failure to Maintain Insurance. Failure on the part of Franchisee 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 Franchisee 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 Franchisee Limits. If Franchisee 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 Franchisee, irrespective of whether such limits maintained by Franchisee 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 Franchisee. (k) Franchisee — Self -Insurance. If Franchisee is self -insured or becomes self -insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply with the following: (i) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (ii) Franchisee or its parent company is responsible for all payments within the self -insured retention; and (iii) Franchisee assumes all defense and indemnity obligations as outlined in Section 19. Section 21. Bonds. Section 21.1. Construction Performance Bond. Upon an application for a permit involving excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the City in an amount equal to 150% of the construction cost, which should not be less than $2,000. The amount of the Performance Bond may be reduced during construction as determined by the City. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights -of -Way and other City properties affected by the construction; Page 29 of 45 {E FM4895-9658-9257;1/13175.000042/} 133 (5) submission of as -built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as -built drawings, and the posting of a Maintenance Bond as described in Section 21.2. Section 21.2. Maintenance Bond. Following excavation, installation, construction, restoration or relocation of the Facilities and if required by the City, Franchisee shall furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work. The Maintenance Bond in this Section 21.2 must be in place prior to City's release of the bond required by Section 21.1. Section 21.3. Franchise Bond. Franchisee shall provide City with a bond in the amount of Twenty -Five Thousand Dollars ($25,000.00) ("Franchise Bond") running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this Section 20.1 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. { E F M4895-9658-92 57;1/13175.000042/} 134 Page 30 of 45 Section 22. Abandonment of Franchisee's Facilities. Section 22.1. Upon the expiration, termination, or revocation of the rights granted under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way within thirty (30) days of receiving written notice from the Public Works Director or designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without written approval by the City. Any plan for abandonment or removal of Franchisee's Facilities must be first approved by the Public Works Director or designee, and all necessary permits must be obtained prior to such work. Franchisee shall restore the Right -of -Way to at least the same condition the Rights -of -Way were in immediately prior to any such removal provided Franchisee shall not be responsible for any changes to the Right -of -Way not caused by Franchisee or any person doing work for Franchisee. Franchisee shall be solely responsible for all costs associated with removing its Facilities. Section 22.2. Notwithstanding Section 22.1 above, the City may permit Franchisee's improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer ownership of the Facilities to the City, Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Section 22.3. Any Facilities which are not removed within one hundred twenty (120) days of either the date of termination or revocation or the date the City issued a permit authorizing removal, whichever is later, shall automatically become the property of the City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22. shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord and such landlord later replaces, removes or relocates the structure, for example by building a replacement structure, Franchisee shall remove or relocate its Facilities within the Right -of -Way within ninety (90) days of such notification from the landlord at no cost to the City. Page 31 of45 {E FM4895-9658-9257;1/13175.000042/} 135 Section 22.5. The provisions of this Section 22. shall survive the expiration, revocation, abandonment, or termination of this Franchise and for so long as Franchisee has Facilities in Rights -of -Way. Section 23. Forfeiture and Revocation. Section 23.1. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee shall, at the election of the Tukwila City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 23.2. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. This hearing does not give the right to either the City or Franchisee to conduct discovery, subpoena witnesses, or take depositions. Within thirty (30) days after the hearing, the Tukwila City Council, on the basis of the record and TMC 11.32.120(2), will make the determination as to whether there is cause for revocation, whether the Franchise will be terminated, or whether lesser sanctions should otherwise be imposed. The Tukwila City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the Tukwila City Council does not grant any additional period, the Tukwila City Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is otherwise in compliance with the Franchise. Section 24. Remedies to Enforce Compliance. Section 24.1. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any {E FM4895-9658-9257;1/13175.000042/} 136 Page 32 of 45 remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. In addition to any other remedy provided in this Franchise, Franchisee reserves the right to pursue any remedy available at law or in equity to compel or require the City, its officers, employees, volunteers, contractors and other agents and representatives, to comply with the terms of this Franchise. Further, all rights and remedies provided herein shall be in addition to and cumulative with any and all other rights and remedies available to either the City or Franchisee. 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. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. The parties agree that in the event a party obtains injunctive relief, neither party shall be required to post a bond or other security and the parties agree not to seek the imposition of such a requirement. Section 24.2. If either party (the "Defaulting Party") shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to such party under the provisions of this Franchise, the other party (the "Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying with reasonable particularity the nature of any such breach and the Defaulting Party shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the Non -Defaulting Party may specify a longer cure period, and condition the extension of time on the Defaulting Party's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Defaulting Party does not comply with the specified conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or Page 33 of 45 { E F M4895-9658-92 57;1/13175.000042/} 137 commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise with no further notification pursuant to this Section 24. , (2) refuse to grant additional permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or Franchise Bond set forth in Section 21.3. Section 25. Non -Waiver. Section 25.1. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. Section 26. Acceptance. Section 26.1. Within sixty days of the approval of this Franchise Ordinance, the Franchisee shall execute and return to the City its execution and acceptance of this Franchise in the form attached hereto as Attachment B. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to Section 20. , any applicable construction Performance Bond pursuant to Section 21.1, the Franchise Bond required pursuant to Section 21.3, and the administrative fee pursuant to Section 14.1. Section 27. Survival. Section 27.1. All of the provisions, conditions, and requirements of Section 6. , Section 7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section 32.1, Section 35.3 and Section 35.4 of this Franchise shall be in addition to any and all other obligations and liabilities Franchisee may have to the City at common law, by statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of the Franchise Area, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Franchisee and all privileges, as well as all obligations and liabilities of { E F M4895-9658-92 57;1/13175.000042/} 138 Page 34 of 45 Franchisee shall inure to its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee is named herein. Section 28. Assignment. Section 28.1. This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless prior written consent is provided to the City within sixty (60) days following the assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section 28.1, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. In the event that a transfer, assignment, or disposal of Franchisee's ownership is approved by the Washington Utilities and Transportation Commission ("WUTC"), the City will be deemed to have consented to such transfer. Grantee will provide City with a copy of any such approval. Section 28.2. Any transactions which singularly or collectively result in a change of 50% or more of the (i) ownership or working control (for example, management of Franchisee or its Telecommunications facilities) of the Franchisee; or (ii) ownership or working control of the Franchisee's Telecommunications facilities within the City; or (iii) control of the capacity or bandwidth of the Franchisee's Telecommunication facilities within the City, shall be considered an assignment or transfer requiring notice to the City pursuant to this Franchise. Such transactions between affiliated entities are not exempt from notice requirements. A Franchisee shall notify the City of any proposed change in, or transfer of, or acquisition by any other party of control of a Franchisee within sixty (60) days following the closing of the transaction. Section 29. Entire Agreement. Section 29.1. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or Page 35 of 45 {E FM4895-9658-9257;1/13175.000042/} 139 understandings, written or otherwise, shall be binding upon the parties upon execution of this Franchise. Section 30. Extension. Section 30.1. If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may, subject to applicable law: (a) Allow Franchisee to maintain and operate its Facilities on a month -to -month basis, provided that Franchisee maintains insurance for such Facilities during such period and continues to comply with this Franchise; or (b) The City may order the removal of any and all Facilities at Franchisee's sole cost and expense consistent with Section 22. Section 31. Eminent Domain. Section 31.1. The existence of this Franchise shall not preclude the City from acquiring by condemnation in accordance with applicable law, all or a portion of the Franchisee's Facilities for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise. Section 32. Vacation. Section 32.1. If at any time the City, by ordinance, vacates all or any portion of the area affected by this Franchise, the City shall not be liable for any damages or loss to the Franchisee by reason of such vacation. If Franchisee has Facilities in the vacated portion of the Right -of -Way, the City shall use reasonable efforts to reserve an appurtenant easement for Franchisee within the vacated portion of the Right -of -Way within which Franchisee may continue to operate existing Facilities under the terms of this Franchise for the remaining period of the term set forth in Section 4. Notwithstanding the preceding sentence, the City shall incur no liability for failing to reserve such easement. The City shall notify the Franchisee in writing not less than sixty (60) days before vacating all or any portion of any such area, in which Franchisee is located. The City may, after sixty (60) days written notice to the Franchisee, terminate this Franchise with respect to such vacated area. {E FM4895-9658-9257;1/13175.000042/} 140 Page 36 of 45 Section 33. Hazardous Substances. Section 33.1. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property to the extent caused by Franchisee's use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, whether or not intentional. Section 33.2. The obligations of the Franchisee under this Section 32.1 shall survive the expiration, revocation, abandonment, earlier termination of the Franchise granted by this Franchise Ordinance. Section 34. Notice Section 34.1. Any Notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: CITY OF TUKWILA FRANCHISEE Public Works Director Wholesail Networks, LLC 6200 Southcenter Blvd. Attn: Legal Department Tukwila, WA 98188 135 Lake Street South, Suite 155 Kirkland, WA 98033 legal@ziply.com Section 34.2. The Franchisee's current emergency contact shall be the Network Operations Center and is reachable via the following number (509) 823-1886, and shall be available 24 hours a day, seven days a week. The Franchisee shall promptly notify the City of any change in the notice address or emergency contact (or title) and phone number. Page 37 of 45 {E FM4895-9658-9257;1/13175.000042/} 141 Section 35. Miscellaneous. Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a business or utility license from the City. Franchisee shall pay promptly and before they become delinquent, all taxes on personal property and improvements owned or placed by Franchisee and shall pay all license fees and public utility charges relating to the conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable tax unless documentation of exemption is provided to the City and shall pay utility taxes and license fees imposed by the City. Section 35.2. City and Franchisee respectively represent that its signatory is duly authorized and has full right, power and authority to execute this Franchise. Section 35.3. If a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses, including such sum as the court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. Section 35.4. This Franchise shall be construed in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or King County Superior Court. Section 35.5. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. Section 35.6. Where the context so requires, the singular shall include the plural and the plural include the singular. Section 35.7. Franchisee shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Franchisee by any person or entity. {E FM4895-9658-9257;1/13175.000042/} 142 Page 38 of 45 Section 35.8. This Franchise may be enforced at both law and equity. Section 35.9. Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 35.10. This Franchise is subject to all current and future applicable federal, State and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934, as amended, the Telecommunications Act of 1996, as amended and the Rules and Regulations of the FCC. Neither the City nor Franchisee waive any rights they may have under any such laws, rules, or regulations. Section 35.11. There are no third party beneficiaries to this Franchise. Page 39 of 45 { E F M4895-9658-92 57;1/13175.000042/} 143 Attachment B STATEMENT OF ACCEPTANCE , for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. By: Date: Name: Title: STATE OF ) )ss. COUNTY OF ) On this day of , 2024, before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of Residing at MY COMMISSION EXPIRES: { E F M4895-9658-92 57;1/13175.000042/} 144 Page 40 of 45 COUNCIL AGENDA SYNOPSIS Initials �tleetin Date Prepared fy iliftyor r review Council review 24 DR ITEM INFORMATION ITEM No. 5H. STAFF SPONSOR: ©AVID ROSEN ORIGINAL AGENDA DATE: 8/19/24 AGENDA ITEM E Grant Application Authorization: Washington Recreation Conservation Office Washington Wildlife & Recreation Program (WWRP) Local Parks & Water Access Grants CATEGORY Discussion Aft Dal Motion 1' I v Dal 141 Resolrrt'on Date 8/19/24 Ordinanc e rli Date Bid Award Mtn Date Public Hearing t'tltg Date Other e11tg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire [I P'r ❑ Police ❑ PIV SPONSOR'S The Parks & Recreation Department has prepared grant applications for WWRP-Local Park SUMMARY & Water Access grants to redevelop the Riverton Park Playground and Tukwila Community Center Riverside Campus. These grants require city matching funds (Estimated total of $2,677,600), which per city policy, means the applications must be approved by the City Council. City staff recommend the City Council approve the attached authorization resolution so applications may be finalized and submitted without delay. TIE 'ED BY ❑ Trans&Infeastruchue Svcs LA Community Svcs/Safety ❑ Finance & Governance ❑ Pi ntnntig & Co rnm€uuty Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm ❑ Planning Comm.. DATE: 8/12/24 CO IIIIITTEE C R MCCONNELL COMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation COniafr TEE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE EXPENDIT . RE REQUI AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $d $0 Fund Source: LAND ACQUISITION, RECREATION, AND PARK DEVELOPMENT FUND (301) Comments: Authorizes application which includes grant match funds ($2,677, 600) MTG. DATE RECORD OF COUNCIL ACTION 8/19/24 MTG. DATE ATTACHMENTS 8/19/24 Informational Memorandum dated July 23, 2024 A --- RCO Applicant Resolution/Authorization Form - updated after Committee. B --- Resolution 1144 (Transfer of TCC Land from King County Parks I Parcel N) C --- Contract 21-1= = (Riverton Park Lease Agreement w/ Tukwila School District) Minutes from R/12/24 CSS Meeting 145 146 Thomas cLeod, Mayor TO: Parks & Recreation ep rtr ent - Pete Moyer, Director INFORMATIONAL MEMORANDUM Community Services & Safety Committee FROM: Kris Kelly, Interim Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: July 23, 2024 SUBJECT: Authorization to Apply for Washington Recreation & Conservation Office Grants Which Require Matching Funds ISSUE The Tukwila Parks & Recreation Department has completed applications for two grant programs offered by the Washington Recreation & Conservation Office (RCO). Both grants require matching funds to apply and city policy requires council authorization to apply for any grants which require city matching funds. BACKGROUND RCO is a small state agency tasked with managing grant programs for outdoor recreation opportunities, protection of state wildlife habitat, working farms and forests, salmon and orca related policy goals, and more. On average, RCO awards over $200M every year in grant funding. Grants are applied for in even years with awarding of funds being finalized in odd years based on scoring provided by RCO and its selection committees and the State of Washington Capital Budget. The City of Tukwila Parks & Recreation Department has had success in recent years with RCO grants programs, being awarded a Planning for Recreation Access (PRA) Grant for $197,300 and a Local Parks Maintenance (LPM) Grant for $100,000 in Fiscal Year 2023. DISCUSSION The Parks & Recreation Department is prepared to submit applications for two grants: 1. Washington Wildlife & Recreation Program (WWRP) Local Parks The Local Parks grant (Application 24-1800) is being submitted for renovation of the Riverton Park Playground. This project would include a full replacement and enhancement of the play area at Riverton Park, with brand new play structure elements that provide for all ages and abilities, as well as a larger picnic shelter on site. Play elements have been selected specifically with provision of recreational opportunities for children of all ages, providing early childhood development opportunities as well as opportunity for recreational access for those who are differently abled. The project's total estimated cost is $1,367,600 with the WWRP-Local Parks grant providing $500,000 in grant funds, and the City of Tukwila providing $867,600 in matching funds. Please refer to Exhibit A for a basic overview of the project as proposed. Note: Due to this project being on land that is leased from the Tukwila School District, the Parks & Recreation Department is required to seek applicant authorization from the school district as well. This process is currently in progress with an item scheduled for their next school board meeting on August 27th. 147 Community Services & Safety Committee July 23, 2024 Page 2 2. Washington Wildlife & Recreation Program Water Access The Water Access grant (Application 24-1802) is being submitted for development of the riverside campus of the Tukwila Community Center. This project would include a re -imagining of all space that lies behind the Tukwila Community Center from exit and up to and including the shores of the Duwamish River. Project elements include improvements to the trail on the backside of TCC which would include grading allowing for ADA access, a brand-new canoe launch on the southwestern shore, a boardwalk along the Duwamish River, an ADA accessible river overlook tower, a log jam seating wall adjacent to the Duwamish River, and improvements to play elements and picnic areas throughout TCC's riverside campus. The project's total cost is estimated at $3,620,000 with the WWRP-Water Access grant providing $1,810,000 in grant funds, and the City of Tukwila providing $1,810,000 in matching funds. Please refer to Exhibit B for a basic overview of the project as proposed. At this time, the City of Tukwila is therefore estimating required matching funds for these grants of $2,677,600. These matching funds would be provided by a mixture of REET1 funds, King County Parks Levy funds, and predominantly, Park Impact Fees. Department staff can confirm that the required amount is on hand within the Land Acquisition, Recreation, and Park Development Fund (Fund 301) at this time. Department staff will continue to seek other fund sources that could be used to assist in project execution as we await final results of these RCO grant applications. FINANCIAL IMPACT Authorization of this resolution does not encumber any funds or create any General Fund inflows or outflows. Authorization of this resolution simply allows for completion and submittal of the grant applications. If the grants were awarded, at that time, the Parks & Recreation Department would encumber the necessary matching funds within Fund 301. RECOMMENDATION Staff recommend the committee forward this resolution to the August 19th Regular Meeting Agenda for approval by the full City of Tukwila City Council. ATTACHMENTS A --- RCO Applicant Resolution/Authorization Form B --- Resolution 1144 (King County Transfer of Tukwila Community Center Land) C --- Contract 21-188 (Lease for Riverton Park land from Tukwila School District) 148 E E 0 U > a) as cn a) 0 a) U) d a N O c N N ch E >C) 0 5 co U-0 a) a) 0 c a) . N a) 0 V a) O L a c 0 c▪ a > 0 c a) ce c 0 L a) co a Y L a 0 t a) iY i a a.+ s x w 149 E E O U CD cn U a) a) d N O � N ENd E O 5 c6 U-O 150 — Tukwila Community Center Riverside Trail & Canoe Launch Project Design Ov t x W 0 tan U CU A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING SUBMISSION OF APPLICATIONS FOR GRANT FUNDING ASSISTANCE FOR THE RIVERTON PARK PLAYGROUND RENOVATION PROJECT AND TUKWILA COMMUNITY CENTER RIVERSIDE CAMPUS REDEVELOPMENT PROJECT TO THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE. Organization Name (Sponsor): City of Tukwila, Washington Resolution No. 2100 Project Numbers(s), Name(s), and RCO Project Number(s): Project #91730101 Riverton Park Playground Renovation Community Center Riverside Trail and Canoe Launch RCO #24-1800 RCO #24-1802 This resolution/authorization authorizes the person identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; and WHEREAS, the City Council of the City of Tukwila considers it in the best public interest to complete the Project(s) referenced above; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Page 1 of 4 151 Section 2. Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Thomas McLeod — Mayor Project contact (day-to-day administering of the grant and communicating with the RCO) David Rosen — Fiscal Analyst RCO Grant Agreement (Agreement) Thomas McLeod — Mayor Agreement amendments Thomas McLeod — Mayor Authorizing property and real estate documents (Notice of Grant, Deed of Right of Assignment of Rights if applicable). These are items that are typically recorded on the property with the county. N/A The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Section 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEBSITE at: https://rco.wa.gov/wp- content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. Section 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. Section 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with the Office is purely voluntary on our part. 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Page 2 of 4 152 Section 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. Section 7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. Section 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. Section 9. If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. Section 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. Section 11. Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy or Office, in writing, and per the Agreement or an amendment thereto. Section 12. Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. Section 13. This resolution/authorization is deemed to be part of the formal grant application to the Office. 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Page 3 of 4 153 Section 14. Our organization warrants and certifies that this resolution/ authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Mohamed Abdi, Council President APPROVED AS TO FORM BY: Office of the City Attorney 2024 Legislation: RCO Grant Application Version: 08/14/2024 Staff: D. Rosen Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 4 of 4 154 WASHINGTON, at a regular meeting thereof this 2/ S t day of A'11'BST/AUTHENTICATED: antu, Acting City Clerk APPROVED AS TO FORM: Filed with the City Clerk: _T- / 7- 96 Passed by the City Council: s. 2/ - 96 Resolution Number // St y CITY OF TUKWILA WASHINGTON RESOLUTION NO LL?`!/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING A TRANSFER OF CERTAIN PARK PROPERTY FROM KING COUNTY AND AUTHORIZING THE MAYOR TO SIGN NECESSARY TRANSFER DOCUMENTS. WHEREAS, as a result of recent annexations certain King County parks are now within the Tukwila City Limits, and WHEREAS, King County desires to transfer its interests in such parks to the City of Tukwila. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Tukwila hereby accepts the King County parks described in Exhibits A, B, and C attached hereto and hereby incorporated herein and accepts any limitations imposed upon the use thereof. Section 2. The Mayor is hereby authorized and directed to sign the documents which are Exhibits A, B, and C indicating the City's acceptance upon such documents of transfer having been fully executed and presented to the City for acceptance. Section 3. The City Clerk is directed to see that the fully executed documents of transfer are recorded with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE ITY OF TUKWILA, 1990. an Hernandez, Council Presi 155 156 9006071262 SOUTHGATE PARK After recording return to: King County Real Property Division DEED Fil K rd At The Request Of _ A County Real Prop ty Division THE GRANTOR, King County, a political subdivision of the State of Washington, for and in consideration of mutual benefits, and in consideration of the bene- fits to be accrued through the provisions of King County Ordinance No. 9315 , does hereby grant and convey unto the City of Tukwila, a municipal corporation of the State of Washington, a fee simple determinable in the following described parcels of land, situate in the County of King, State of Washington:.. PARCEL A That portion of the South 100 feet of the North 200 feet of Tract 67, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying Westerly of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M.; EXCEPT that portion on the West deeded to King County for 40th Avenue South by Deed recorded under Auditor's File No. 5729562. SUBJECT TO THE FOLLOWING: Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5729562 granted to King County; Perpetual easement with the right to place, construct, operate and maintain, inspect, repair, and replace underground conduits, cables, and manholes under said premises; AND the Grantor hereby covenants that no building or sheds will be erected or rubbish, brush piles, or any inflamable substances will be per- mitted on said property within 5 feet of said line that no digging or excava- ting will be done or permitted within 10 feet of said line which will in any manner disturb its solidity, or unearth any portion thereof, granted to the Pacific Telephone and Telegraph Company, a California corporation, by instru- ment recorded under Auditor's File No. 2587212. PARCEL B That portion of the East 1/2 of the North 1/3 of the South 1/2 of Tract 64, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington. PARCEL C That portion of the East 1/2 of the North 1/2 of the South 1/3 of Tract 64, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington. . PARCEL D That portion of the North 100 feet of Tract 67, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington; EXCEPT that portion conveyed to King County for 40th and 42nd Avenues South by Deed recorded under Auditor's File No. 5667275. An easement over said portion of Tract 67 of Riverside Interurban Tracts for underground telephone lines recorded February 14, 1930, under Auditor's File No. 2587212. 157 Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5655246 granted to King County; Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes and to the same extent as if the rights granted had been acquired by condemnation proceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5667275 granted to King County. PARCEL E The South 150 feet of the North 350 feet of Tract 67, Riverside Interurban Tracts, according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying North easterly of 42nd Avenue South as deeded to King County by Deed, recorded under Auditor's File No. 5655246, and lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M., in King County, Washington. SUBJECT TO THE FOLLOWING: An easement over said portion of Tract 67 of Riverside Interurban Tracts for c underground telephone lines recorded February 14, 1930, under Auditor's File No. 2587212. 0 Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded (1 under Auditor's File No. 5667275 granted to King County. Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5655246 granted to King County. PARCEL F That portion of the South 1/3 of the East 1/2 of the South 1/2 of Tract 64, Riverside Interurban Tracts according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M.; and the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. SUBJECT TO: Conflict in boundary, if any, between the West 260 feet of the South 1/2 of said Tract 64, and the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. PARCEL G That portion of the South 1/3 of the East 1/2 of the South 1/2 of Tract 64, Riverside Interurban Tracts according to the Plat recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying West of the East line of the NW 1/4 of Section 15, Township 23 North, Range 4 East, W. M.; AND the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. SUBJECT TO: Conflict in boundary, if any, between the West 260 feet of the South 1/2 of said Tract 64, and the East 190 feet of the West 1/2 of the South 1/2 of said Tract 64. -2- 158 The City of Tukwila, on acceptance of the delivery of this instrument, does hereby agree to obtain approval of the King County Council for any sale, transfer, or trade of any portion or portions of the lands described herein. This property is hereby conveyed upon the condition that it shall be used for Public park and/or recreational purposes. Upon the breach of this condition, the Grantor or its successor shall have the right to re-enter and take possession of the property and to hold, own, and possess the same in the same manner and to the same extent as if this conveyance had never been made. In the event of the amalgamation of King County and the Grantee, the Grantee may credit itself with only the amount paid King County in the original transaction, plus the actual cost of any improvements constructed thereon. The City of Tukwila does further agree that any and all user fees for athletic fields, or any other recreational facility or program, shall be at the same rate for residents of unincorporated King County as for the residents of the City of Tukwila. DATED his STATE OF 4PASNI NCTCN COUNTY OF KING ) ss day of Ape BY ego KING COUNTY, WASHING ON m K ng County Executive On this day personally appeared before me - ' -- to me known to be the47`' t County Executive of King County, Washington, the person who signed t a ove and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. GIVEN under my hand and official seal this + day of NOTARY PUBLIC in and for State of Washington, restdf TE5/ 5P 1 i 159 160 ord At The Request Of 9006071261 3- ;7 7- 90 EARLINGTON PARK After recording return to: King County Real Property Division DEED K ng County Real Prop y Division THE GRANTOR, King County, a political subdivision of the State of Washington, for and in consideration of mutual benefits, and in consideration of the bene- fits to be accrued through the provisions of King County Ordinance No. 9315 , does hereby grant and convey unto the City of Tukwila, a municipal corporation of the State of Washington, a fee simple determinable in the following described parcels of land, situate in the County of King, State of Washington: PARCEL A That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 40 and 41, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is c) subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. Easement reserved to Thomas K. Ray for the use of water from a spring located on said property sufficient to supply the house of said Ray for domestic purposes and to his barn sufficient water for the stock kept on the farm now owned by said Ray, said spring being now used by said Ray for said purposes by instrument recorded October 26, 1905, under Auditor's File No. 359506. PARCEL B That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. 0. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 51 and 52, Block 7, on the Plat of C. 0. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion, of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. 161 ry A PARCEL C That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 29 and 30, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL D That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 31, Block 7, C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL E That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 27, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. 162 -2- SUBJECT TO THE FOLLOWING: (continued) Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL F That portion, if any, of Government Lot 2, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying South of the Plat of C. D. Hillman's Meadow Gardens Division No. 3, according to Plat recorded in Volume 12 of Plats, Page 86, in King County, Washington, and North of the ordinary high water line of the Duwamish River, a portion of said portion also designated as Lots 1 through 3, Block 29, on the Plat of C. D. Hillman's Meadow Gardens Division No. 3, according to the Plat recorded in Volume 12 of Plats, Page 86, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion, of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion (,) of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing,boating,swimming,waterskiingand other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL G That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 E., W. M., King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat recorded in Volume 12 of Plats, page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lots 53 to 55 inclusive, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded.as corollary to the right of navigation and the use of public waters. PARCEL H That portion, if any, of Government Lot 4, Section 10, Township 23 North, Range 4 East, W. M., in King County, Washington, lying West of the Plat of C. D. Hillman's Meadow Gardens Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington, and East of the ordinary high water line of the Duwamish River, said portion also designated as Lot 28, Block 7, on the Plat of C. D. Hillman's Meadow Gardens Addition to the City of Seattle Division No. 1, according to the Plat recorded in Volume 12 of Plats, Page 64, in King County, Washington. -3- 163 c SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL I Lot 44, Block 13, Allentown Addition to City of Seattle, according to Plat recorded in Volume 12 of Plats, Page 100, in King County, Washington. SUBJECT TO THE FOLLOWING: Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL J That portion of the SE 1/4 of the SE 1/4 of Section 10 and of the SW 1/4 of the SW 1/4 of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Commencing at the South 1/4 corner of Section 10, Township 23 North, Range 4 East, W. M., King County, Washington and proceeding thence North 34°17'35" East 1,748.60 feet; thence South 2°27'48" West 150.00 feet along the Westerly right-of-way line of 46th Avenue South; thence South 87°32'12" East 1,223.28 feet along the Southerly right-of-way line of South 125th Street; thence South 30°46'12" East 160.00 feet along the Southwesterly right-of-way line of 50th Place South, to the True Point of Beginning, said point being the most Northerly corner of Lot 32, Block 13, Allentown Addition to the City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100, records of said County; thence South 30°46'12" East 470.00 feet along said right-of-way line of 50th Place South; thence South 59°13'48" West 198.71 feet; thence West 50 feet more or less to the vegetation line of the Duwamish River, thence Northwesterly along the vegetation line of the Duwamish River to a point that bears South 59°13'48" West from the True Point of Beginning, said point being the most Westerly corner of said Lot 32; thence North 59°13'48" East along the Northwesterly line of said Lot 32, a distance of 195 feet more or less, to the True Point of Beginning. EXCEPTING there from any part or parcel of Lots 32 through 36, Block 13 of Allentown Addition to the City of Seattle. -4- 164 PARCEL J (continued) ALSO That portion of the SE 1/4 of the SE 1/4 of Section 10 and of the SW 1/4 of the SW 1/4 of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Commencing at the South 1/4 corner of Section 10, Township 23 North, Range 4 East, W. M., King County, Washington and proceeding thence North 45°17'35" East 1,748.60 feet; thence South 2°27'48" West 150.00 feet along the Westerly right-of-way line of 46th Avenue South; thence South 87°32'12" East 1,223.28 feet along the Southerly right-of-way line of South 125th Street; thence South 30°46'12" East 670.00 feet along the Southwesterly right-of-way line of 50th Place South, to the True Point of Beginning, said point being the most Northerly corner of Lot 45, Block 13, Allentown Addition to the City of Seattle, according to Plat recorded in Volume 12 of Plats, Page 100, records of said County; thence South 30°46'12" East 410 feet more or less to the vegetation line of the Duwamish River, thence Westerly and Northerly along the vegetation line of the Duwamish River to a point that bears West from the NW corner of Lot 45 thence East 68 feet more or less to the NW corner of said Lot 45; thence North 59°13'48" East 207.17 feet to the True Point of Beginning. SUBJECT TO THE FOLLOWING: An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes. For In Favor of : Recorded : Auditor's No: Affects An easement herein, and River Protection Easement County of King, a municipal corporaton November 15, 1961 5353685 Lots 45 to 52 inclusive, Block 13 affecting the portion of said premises and for the purposes stated incidental purposes. For In Favor of : Recorded Auditor's No: Affects • Electric Transmission Line Puget Sound Power & Light Company, a Massachusetts corporation April 23, 1934 2797098 Lot 52 Any question that may arise due to shifting and change in the course of the Duwamish River or due to said river having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation; together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. Under the terms of Option Agreement Dated June 21, 1973, Codiga exercised his right to lease back property he sold to King County for park purposes. This option is cancellable by Optionee upon sixty (60) days written notice to Optionor, and cancellable by Optionor upon thirty (30) days written notice to Optionee. PARCEL K That portion of Tract X lying within a strip of land 230 feet wide lying Southwesterly of and adjacent to the following described centerline: -5- 165 PARCEL K (continued) Beginning at a point South 25°23'10" East a distance of 2,827.20 feet from the West 1/4 corner of Section 11, Township 23 North, Range 4 East, W. M., in King County, Washington, said point being Engineer's Station P.C. 3+39.59 of King County Survey No. 14-23-4-14; thence South 24°59'40" East a distance of 100 feet to the point of beginning; thence along the arc of a curve to the left having a radius of 636.62 feet a distance of 712.39 feet; thence North 89°06'34" West 185.08 feet; thence along the arc of a curve to the right having a radius of 50.0 feet a distance of 86.93 feet; thence North 10°29'56" East 43.70 feet to a TE112NUS at Station 28+90.92 of X-line of State Highway by survey for relocation of Steel Hill Bridge. TRACT X: That portion of the following described property lying Northwesterly of primary State Highway No. 1 as condemned under King County Superior Court Cause No. 591370; That portion of the Stephen Foster and C. C. Lewis Donation Claims in Sections 11 and 14, Township 23 North, Range 4 East, W. M., in King County, Washington, more particularly described as follows: Commencing at a point which bears North 81°44'15" East, a distance of 199.17 feet from a monument at the end of a curve on the centerline of the Duwamish Renton Junction Road, said end of a curve being approximately 1200 feet North and 440 feet West of the 1/4 corner between Sections 14 and 15, Township 23 North, Range 4 East, W. M., in King County, Washington, the tangent to said curve bears South 49°24' East; thence North 40°36' East a distance of 949.15 feet to the True Point of Beginning of this description; thence North 40°36' East a distance of 989 feet, more or less, to the left bank of the Duwamish River; thence Southeasterly and Southwesterly along the left bank of said river to a point which bears South 49°24' East a distance of 482 feet, more or less, from the point of beginning; thence North 49°24' West a distance of 482 feet, more or less, to the True Point of Beginning; EXCEPT that portion thereof conveyed to King County for road by Deed record- ed under Auditor's File No. 5928199 AND EXCEPT that portion thereof convey- ed to the City of Tukwila by Deed recorded under Auditor's File No. 6634222. SUBJECT TO THE FOLLOWING: Right to make necessary slopes for cuts or fills upon said premises in confor- mity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation pro- ceedings under statute of the State of Washington, as granted by Deed recorded under Auditor's File No. 5928199. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of Duwamish River. Any question that may arise due to shifting or change in the course of the Duwamish River or due to said river having changed its course. WATERLINE EASEMENTS SR-5 (Parcel 7-04119) (So. 178th to So. 125th Steeet) Fireline Easement for a Waterline along I-5 was granted to the State to provide fire protection for the steel girder bridge crossing the Duwamish River on I-5 (5-22-74). Said instrument recorded under Auditor's File No. 7407160307. PARCEL L Lots 1 and 2, Block 7, Hillman's Meadow Gardens, Division No. 1, as recorded in Volume 12 of Plats on Page 64, records of King County, Washington; -6- 166 PARCEL L (continued) ALSO Lots 5 through 20; Lots 34 through 39; Lots 43 through 50 all in said Block 7, Hillman Meadow Gardens, Division No. 1, as recorded in Volume 12 of Plats on Page 64, records of King County, Washington; ALSO Lots 4 through 12, Block 29, C. D. HIllman's Meadow Gardens, Division No. 3, as recorded in Volume 12 of Plats, on Page 86, records of King County, Washington; ALSO Lots 10 through 17; Lots 19 through 21, and Lots 53 through 59, all in Block 13, Allentown Addition as recorded in Volume 12 of Plats on Page 100, records of King County, Washington, PARCEL M That portion of the following described Tract X lying Northerly of the following described Line B. TRACT X That portion of the Stephen Foster Donation Claim No. 38 and of the C. C. Lewis Donation Claim No. 37, in Sections 10, 11, 14, and 15, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Beginning at a point which bears North 40°01'05" West 920.15 feet from a ILmonument at the point of intersection of a curve on the centerline of the Duwamish-Renton Junction Road, said point of intersection being approxi- mately 1000 feet East and 20 feet South of the 1/4 corner between said Section 14 and 15, thence North 49°24' West 835.00 feet on a line parallel to and 150.00 feet Northeasterly of the centerline of said Duwamish-Renton Junction Road, to a point which bears North 81°44'15" East 199.17 feet from the point of curve on the centerline of the said Duwamish-Renton Junction Road, said point of curve being approximately 1200 feet North and 440 feet West of the quarter corner between said Sections 14 and 15; thence South 40°36'00" West 20 feet to the Northeasterly margin of the right-of-way of the Puget Sound Electric Railway; thence North 49°24'00" West along said right-of-way 950.29 feet to the True Point of Beginning of this description; thence South 49°24'00" East 400.00 feet; thence North 40°36'00" East 702.10 feet; thence South 49°24'00" East 564.29 feet; thence North 40°36'00" East 583.20 feet to a point which is hereby designated for purposes of this description as point "A"; thence continuing North 40°36'00" East 633.11 feet, more or less, to a point 230 feet from the centerline of the right-of-way of the Steel Hill Bridge Revetment described in Deed recorded under Auditor's File No. 6029599 which is also the Southwesterly line of a tract of land conveyed to King County by that certain Deed recorded May 17, 1966 under King County Auditor's Receiving No. 6029599; thence Westerly along the Southwesterly line of said Tract 40 feet to the most Westerly corner of said Tract; thence North 40°36'00" East 30 feet more or less, to the edge of the right- of-way of the Steel Hill Bridge Revetment described in instrument recorded under Auditor's File No. 5928200; thence Northwesterly along the Southwesterly edge of the right-of-way of the Steel Hill Bridge Revetment, a distance of 289.53 feet to the apparent line of vegetation on the left bank of the Duwamish River; thence Westerly and Southwesterly along said line of vegetation to a point which bears North 29°48'55" West from Point "A"; thence continuing Northwesterly along said line of vegetation to a point which bears North 40°36' East from the True Point of Beginning of this description; -7- TE6/TUK.7 167 PARCEL M - Tract X (continued) thence South 40°36' West 30 feet, more or less, to iron pipe on the top of the bank of the Duwamish River; thence continuing South 40°36' West 1196.46 feet to the True Point of Beginning of this description; EXCEPT that portion conveyed to the City of Tukwila, a municipal cor- poration, recorded under Auditor's File No. 6634221, 6634222, 6634223, and 6634224. thence thence thence thence thence thence thence thence West 56.620 feet; West 58.253 feet; West 46.690 feet; West 65.122 feet; East 11.619 feet; West 15.051 feet; West 12.118 feet; West 21.853 feet; thence North 62°33'06" West 61.995 feet; thence North 49°01'22" West 49.809 feet; thence North 47°53'Ol" West 58.700 feet; thence North 43°34'24" West 75.276 feet, more or less, to a point on the Northwesterly line of Tract X which bears North 40°36' East 1170.019 feet from the most Westerly corner of Tract X and terminus of Line B. LINE B Beginning at a point designated as Point "A" in the description of Tract X; thence North 40°36' East along the Southeasterly line of Tract X 617.90 feet; thence North 49°24' West 40 feet; thence North 40°36' East 20.093 feet to the True Point of Beginning of line "B" and also being on the Northeasterly line of a tract of land conveyed to King County by Deed recorded under Auditor's File No. 6029599; thence North 92°24'24" West 18.652 feet; thence along a curve to the left having a radius of 369.00 feet, an arc distance of 247.818 feet and through a central angle of 38°28'46"; thence South 89°06'50" West 52.567 feet; thence South 87°39'52" West 37.569 feet; thence along a curve to the left having a radius of 134.00 feet, an arc distance of 83.233 feet, and through a central angle of 35°09'41"; thence South 52°30'11" West 175.842 feet; thence South 53°44'45" West 52.954 feet; thence South 62°05'04" West 53.567 feet; thence South 67°22'29" West 106.143 feet; South 72°19'14" South 81°57'02" North 81°29'27" North 72°37'14" North 01°30'31" North 64°40'31" South 64°12'38" North 73°09'08" SUBJECT TO THE FOLLOWING: The right to construct, repair, and maintain a surface water drainage lift sta- tion and outlet pipes within the following described Parcel "A," and being a strip of land 30 feet in width, the centerline of said strip being described as follows: Commencing at a point which bears North 40°01'05" West 920.15 feet from a monument at the point of intersection of a curve on the centerline of the Duwamish-Renton Junction Road, said point of intersection being approxima- tely 1000 feet East and 20 feet South of the quarter corner between Sections 14 and 15, Township 23 North, Range 4 East, W. M.; thence North 49°24' West 835.00 feet on a line parallel to and 150 feet Northeasterly of the centerline of said Duwamish-Renton Junction Road to a point which bears North 81°44'15" East 199.17 feet from the point of curve on the centerline of said Duwamish-Renton Junction Road, said point being approximately 1200 feet North and 440 feet West of the quarter corner bet- ween said Sections 14 and 15; thence South 40°36' West 20 feet to the Northeasterly margin of the Puget Sound Electric Railway Right-of-way; thence North 49°24' West along said right-of-way 640.29 feet; thence North 40°36' East 370.00 feet; thence North 36°44'38" East 841.22 feet to a point hereafter called Point "A" and the beginning of said centerline; thence North 18°58'38" East to the Green River and terminus of said center- line. ALSO, the right to construct, repair and maintain a light pole, the center of which bears North 86°44'38" East from said Point "A a distance of 212.80 feet. ALL as reserved in that certain Deed of conveyance recorded TE6/TUK.8 168 -8- under Auditor's File No. 7604200625. Easements affectng a portion of said premises as recorded under Auditor's File No.s 3047588, 5479828, and 5928214; Any question that may arise due to shifting or change in the course of the Green River or due to said river or creek having changed its course. PARCEL N Tracts 15, 16, 17, and 18 Allentown Addition to City of Seattle, according to the Plat recorded in Volume 12 of Plats, Page 100 in King County, Washington, EXCEPT portion of said Tract 18, heretofore conveyed to King County by Deed recorded under Auditor's File No. 2625173, in King County, Washington, for road and highway and EXCEPT that portion of Tract 18 described as follows: Beginning at the NW corner of Tract 18 and the intersection of 42nd Avenue South and South 124th Street; thence East along the South margin line of South 124th Street, 100 feet; thence Southerly 100 feet to a point which is 100 feet East of the East margin line of 42nd Avenue South; thence West 100 feet to the East margin of 42nd Avenue South at a point 100 feet South of the point of beginning; thence North 100 feet to the point of beginning. SUBJECT TO THE FOLLOWING: Easement recorded July 28, 1965 under Auditor's File No. 5908178. Any question that may arise due to shifting and change in the course of the river or creek herein named, or due to said river or creek having changed its course. Right of the State of Washington in and to that portion of said premises, if any, lying in the bed of the Duwamish River. Said land or a portion thereof may lie beneath navigable waters. Any portion of said land which lies or which may in the future lie beneath navigable waters is subject to rights of navigation, together with incidental rights of fishing, boating, swimming, waterskiing and other related recreational purposes generally regarded as corollary to the right of navigation and the use of public waters. PARCEL 0 That portion of land, if any, lying Easterly of the Duwamish River, and Westerly of 42nd Avenue South and South of the South line of Allen Avenue (now 124th Street) extended Westerly, as shown in the Plat of Allentown; EXCEPT portion lying within Tract 18 of the Plat of Allentown, all within the West 1/2 of the West 1/2 of the SE 1/4 of Section 10, Township 23 North, Range 4 East of W. M.; ALSO, an easement dated June 26, 1980, recorded under Auditor's File No. 8006270680, wherein the State of Washington granted a permanent, non-exclu- sive easement to King County to construct, reconstruct, maintain, repair, improve, use, and operate a recreational foot path over, across, and upon the following property situated in King County: Lots 3 and 4, Block 7, C. D. Hillman's Meadow Gardens Addition to the City of Seattle, Division No. 1, according to the Plat thereof recorded in Volume 12 of Plats, Page 64, records of said county. (South 126th Street to Norfolk Street.) The Grantee, its successors or assigns, agrees that the construction, main- tenance, and use of the foot path will in no way interfere with the recon- struction, maintenance, or operation of the presently existing sewer, furthermore, the Grantee agrees to indemnify the State of Washington against all loss or expense for damages sustained by any person or persons relating to the use of the foot path on the above described property. 9 TE6/TUK.9 169 The City of Tukwila, on acceptance of the delivery of this instrument, does hereby agree to obtain approval of the King County Council for any sale, transfer, or trade of any portion or portions of the lands described herein. This property is --hereby conveyed upon the condition that it shall be used for public park and/or recreational purposes. Upon the breach of this condition, the Grantor or its successor shall have the right to re-enter and take possession of the property and to hold, own, and possess the same in the same manner and to the same extent as if this conveyance had never been made. In the event of the amalgamation of King County and the Grantee, the Grantee may credit itself with only the amount paid King County in the original transaction, plus the actual cost of any improvements constructed thereon. The City of Tukwila does further agree that any and all user fees for athletic fields, or any other recreational facility or program, shall be at the same rate for residents of unincorporated King County as for the residents of the City of Tukwila. DATED this!IRO day of STATE OF WASHINGTON ) V ss COUNTY OF KING ) ApfziL On this day personally appeared before me BY ,1990. KING COUNTY, WASHINGTON im ' lf ,Lalkilli!71,10r �ng Coun y Executive Jesus SA4c,14vz_ to me known to be the DE5t6 Ezi �t� a County Executive of King County, Washington, the person who signede above and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he was authorized to so sign. GIVEN under my hand and official seal this 3 R.O day o 19_11.. TE6/TUK.1-10 TRY P BL 1n afido`�)) State of Washington, Ere ttting�a t Simp,-r7LE, £ (A 7 Page 10 of 10 170 .FiI orRdAtThe Re scut A DATE Kin County Real Propert ivision, CO. A8_S_..LlGlYME.lY� OF, -14"-u// 0.2►,.,sze/i 'lam ek FOR VALUE'RECEIVED, the undersigned hereby assigns that certain lease dated the 14th day of May 1982, by and between RIGHLINE SCHOOL DISTRICT NO. 401, a municipal corporation of the State of Washington herein called "LESSOR," and KING COUNTY, WASHINGTON, a political subdivision of the State of Washington herein called the "LESSEE," covering those certain premises situate in the City of Tukwila, particularly described and known as CRESTVIEW PARK, and all right, title and interest in and to and under the said lease, to the CITY OF TUKWILA, a political subdivision of the State of Washington herein called the ASSIGNEE, and in consideration of the consent of this assignment by the said LESSOR, the said LESSEE hereby guarantees the performance by said ASSIGNEE of all covenants, conditions, terms, stipulations and agreements in said lease contained, to be performed by the LESSEE thereunder. And in consideration of this assignment and of the consent of said LESSOR, the said ASSIGNEE hereby assumes and agrees to make all payments required under said lease, and to do and perform and be bound by all covenants, conditions, terms, stipulations and agreements in said lease contained, binding upon said LESSEE.' IN WITNESS WHEREOF the parties have subscribed their names as of this Alt day of ,1990. APP'•,._* AS F puty Prosecuti•• Attorney ASSIGNOR: KING COUNTY, WASHINGTON ASSIGNEE: C TY OF TUKWILA, WASHINGTON _CON 13.ENT .TO A.S S GGlNMEN T The undersigned LESSOR, above named, hereby consents to the assignment of the above mentioned lease unto the CITY OF TUKWILA upon the expressed conditions contained in said assignment. No further assignment of said lease or subletting of said premises or any part thereof shall be made without the prior written consent of the LESSOR. KING COUNTY is hereby relieved of all liability under the terms of said lease. it Dated this /2 day of , 1990 LESSOR: HIGHLINE SCHOOL DISTRICT NO. 401 171 STATE OF WASHINGTON) ) s s (HI©HL INS SCHOOL DISTRICT ACKNOWLEDGEMENT) COUNTY OF KING _ ) On this Jam? day of , 1990, before me, the undersigned, a Notary Public in nd f+ the State of Wasingto, duly ammissjriand sworn, persona ly appeared before me, to me known to be the Superintendent of gh17nP Srhnnt District no. 401, the person who signed the above and foregoing instrument for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of Highline School District No. 401 and that he was authorized to so sign. VEN under my hand and official seal this JZ-- day of , 1.990. NOTARY FOB State of Wa Residing at (KING COUNTY ACKNOWLEDGEMENT) COUNTY OF KING On this day personally appeared before me to me known to be the ACZAL County Executive o County, Washington, the per n wh signed the above and foregoing instrument for King County for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of King County and that he is so authorized to sign. under my hand and official seal this day of , 1990. NOTARY PUBLIC in and State of Washington Residing at STATE OF WASHING ON1# )ss (CITY OF TV D©EIMENT) COUNTY OF KING ) Onthis day personallappeared before me to me known to be the Tukwila, Washington, the person the City of ho signed the above and foregoing instrument for the City of Tukwila for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of the City of Tukwila and that he was so authorized to sign. GIVEN under my hand at. official seal this AA day of Y PUBLIC in and e of Washinc on. Residing at 172 21-188 Council Approval 1216/21 LEASE AGREEMENT Tukwila School District And City of Tukwila Riverton Park This Lease Agreement ("Agreement") is made by and between the City of Tukwila, a Washington municipal corporation ("City"), and the Tukwila School District, a Washington municipal corporation ("District"). The City and the District may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS A. The District is the owner of the real property situated at 4401 S. 133rd Street, Tukwila, Washington, known as King County Parcels Numbered: 7340600084, 7340600884, 7341600005, 7341600010, 7341600015, 7341600020, and 7341600025 legally described and depicted on Attachment A (the "Property"). B. The City desires to lease from the District, and the District agrees to lease, the Property subject to the terms and conditions more specifically set forth below in this Agreement. NOW THEREFORE, in consideration of the foregoing and the mutual covenants, conditions, duties and obligations set forth below, the Parties agree as follows: AGREEMENT Incorporation. The Recitals set forth above are incorporated in this Agreement by this reference as binding commitments and representations of the Parties. 2. Term. The term of this Agreement shall commence on the date this Agreement is signed by the last party signing the same, and extend to December 31, 2051, unless sooner terminated as provided in this Agreement. 3. Rent. The City shall pay rent to the District for the use of the Property at the rate of $1.00 per year, due and payable in a lump sum thirty dollar and zero cents (S30.00) payment within thirty (30) days of the Effective Date of this Agreement. 4. Costs. The District will annually invoice the City for any taxes, together with costs, fees and assessments, imposed against Property during term of lease. The City will reimburse the District all undisputed amounts of the invoice within forty-five days of receipt of the invoice. 5. Use of premises. The City shall use the Property for recreational and park purposes only. No other use of the Property shall be permitted unless the District's prior written consent is obtained. Page 1 of 8 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Oricrids 173 6. Improvements. The City shall be entitled to make any improvements for recreation purposes to the Property. Construction of any improvements shall be at the City's sole cost and expense. At the termination of this Agreement, and provided that the first right of refusal is not exercised subject to Section 9, all improvements made by the City shall become the property of the District. 7. Utilities and maintenance. The City shall maintain, at its sole cost and expense, all improvements on the Property, and the Property itself in a state of good repair and safe for use and occupancy. The City shall repair or replace as necessary underground utility lines, water pipes, storm and sanitary sewer systems on the Property during the term of this Agreement; provided that if the District requests or makes any upgrades to any physical improvements on the Property, or utility infrastructure, the Parties shall meet and confer to determine which Party shall be responsible for the maintenance of such improvements or infrastructure. The City shall pay any and all utility charges levied or accrued against the Property during the term of this Agreement. 8. Use of premises by District. Upon two weeks prior written notice to the City, the District may use the Property , so long as the Property is not previously reserved for use by the City or a third -party. 9. Assignment and sublease. The City shall not assign, sublet, or transfer any interest in this Agreement without the prior written consent of the District which shall not be unreasonably withheld. 10. Right of First Refusal. In the event that the District shall ever desire to sell the Property, and receives a written offer therefor which the District intends to accept, the District, before accepting the offer, shall first notify the City in writing in accordance with Section 16 of this Agreement, and provide the City with a copy of the offer. The copy of the offer must contain all material terms relating to the purchase and sale. After receiving a copy of the offer, the City shall have sixty (60) days within which to the purchase the Property upon the terms and conditions set forth in the offer. 11. Property Condition. The City hereby agrees and acknowledges that it accepts the Property in AS -IS, WHERE -IS condition without any representation or warranty of any kind made by the District. 12. Indemnification. The City shall indemnify, defend and hold the District harmless from and against any and all claims, losses or liability arising from injury or death to persons, including employees of the City, or damage to the Property in relation to the City's occupation or use of the Property except for injuries and damages caused by the negligence or willful misconduct of the District. 13. Insurance. The Parties acknowledge that the City is a member of Washington Cities Insurance Authority (WCIA), a self-insurance risk pool. The City shall maintain its membership with WCIA or shall obtain and maintain other adequate liability insurance necessary to protect the public with limits of liability of not less than One Million City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 2 of 8 174 Dollars ($1,000,000) combined single limit for both bodily injury and property damage liability. 14. Lawful activity. The City agrees that all activities conducted by the City on the premises shall be in accordance with any applicable state or local law. 15. Nondiscrimination. No person shall be denied, or subjected to discrimination in receipt of the benefit of, any services or activities made possible by or resulting from this Agreement on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability. 16. Early termination upon default. In the event of any material default by the City in the performance of any of the terms or conditions of this Agreement, the District may terminate this Agreement prior to expiration of the thirty (30) year period by giving thirty (30) days' advance written notice to the City in accordance with Section 17 specifically stating the reason for such termination, provided, however, that no such termination shall be effective if, within thirty (30) days after such notice, the City has cured the default. 17. Early termination for convenience. Either Party may terminate this Agreement upon sixty (60) days written notice to the non-moving Party. The Parties acknowledge the District's right under RCW 28A.335.040 to recapture the Property and to terminate the Lease for school purposes in accordance with this section. 18. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for the City's performance under the terms of this Agreement for any future fiscal period, the City shall not be obligated to make payments, and this Agreement shall terminate upon the completion of the last remaining time period for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 19. Notices. Any notice or other communications given hereunder shall be deemed sufficient if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: TO CITY: Director of Parks & Recreation CITY OF TUKWILA 6200 Southcenter Boulevard Tukwila, Washington 98188 TO DISTRICT: Superintendent of Schools 4640 South 144`h Street Seattle, Washington 98168 20. Applicable Law; Venue, Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 3 of 8 175 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. 21. Entire Agreement; Modification. This Agreement, together with any attachments or addenda, represents the entire and integrated Agreement between the City and the District 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. 22. 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. 23. Binding Covenant and Recording. This Agreement shall constitute a covenant running with the land, and shall be binding upon the parties, their heirs, successors, and assigns. The City may record this Agreement with the King County Auditor. 24. Counterpart/Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which, without production of the others, will be deemed to be an original. 25. Effective Date. This Agreement shall become effective on the latest date it is executed by both Parties. [The remainder of this page is left intentionally blank] City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 4 of 8 176 CITY 1 U WILA. By l Allan Ekberg, Mayor DATE: 1 L ZI \ Z� STATE OF WASHINGTON ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that Allan Ekberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. APPROVED AS TO FORM: OGDEN, MURPHY & WALLACE By Office of the City Attorney Page 5 of 8 CaQ- NOTARY PUBLIC in an Washing to" residing at Expires _`�t* 5/zoe) he State of My Commission v Commission Number <"j 195243 C Dalene B Qualls Z_ pMY APPoirtunea Erpues CU 1 Qf19�2o25 St`.• City of Tukwila — Tukwila School District — Riverton Park Lease Agreement 177 TUKWILA SCHOOL DISTRICT Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that t((''A� is the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the ticof the Tukwila School District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year in the certificate above written. NOTARY PUBLIC in and for the State of Washington, residing at VA kk)!Iy Commission Expires�S-A-. City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 6 of 8 178 ATTACHMENT A [Legal Description] Parcel number Legal Description 7340600884 RIVERSIDE INTERURBAN TRS TR 57 LESS N 1/2 OF N 2.96 AC & LESS POR OF S 1/2 OF N 2.96 AC LY ELY OF W 200 FT THOF & LY N OF S 75 FT THOF TGW POR OF TRS 58 & 62 LY ELY OF E MARGINAL WAY S & POR OF TR 63 LY NLY OF S 133RD ST PLat Block: Plat Lot: 57-58-62-63 7341600005 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 1 7341600010 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 2 7341600015 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 3 7341600020 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 4 7341600025 RIVERSIDE INTRURBN TR 55-57 UNREC PLat Block: 1 Plat Lot: 5 City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 7 of 8 179 re 111 or.,4."1,,, kwe, fxwxwnwmv?Ot inS Po.%"mw++aw 2 a a Note King County i ap 33310011040 .7341600123t City of Tukwila — Tukwila School District — Riverton Park Lease Agreement Page 8 of 8 180 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes August 12, 2024- 5:30 p.m. Councilmembers Present: Staff Present: - Hybrid Meeting; Hazelnut Conference Room & MS Teams Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick. Pete Mayer, David Rosen, Jefri Peters, Eric Lund, John Dunn, Laurel Humphrey, Cheryl Thompson, Deron Pointer, Marty Wine Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Grant Agreement: Alternative Response Co -Responder Program Staff is seeking approval to accept a grant award in the amount of $111,000 from the Association of Washington Cities to offset costs for the contracted services of two mental health co -responders through June 30, 2024. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. B. Contract: Evidence Justice Services Staff is seeking approval to approve an agreement with Axon in the amount of $74,437.65 through 2029 for access to Evidence Justice Software for the prosecuting attorney. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. C. Contract: Alternative Response Co -Responder Program Staff is seeking approval of a contract with Sound Health to renew the co -responder program through December 31, 2024 at the annual rate of $102,000. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. B. Resolution: Grant Applications for Riverton Park Playground and Tukwila Community Center *Staff is seeking approval to apply for Washington Wildlife and Recreation Program funding in the amount of $500,000 for the Riverton Park Playground and $1,810,000 for riverside development at Tukwila Community Center. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. 181 182 COUNCIL AGENDA S OPSIS - itleetingD)ate Prepand Megors mien) Council view 8/19/24 3D ITEM INFORMATION 'mu No. 5.1. STAFF SPONSOR. 30FIN DuNN ORIGINAL AGENDA DA' h: 8/19/24 AGENDA ITEM ThitE Foster Golf Links Roof Replacement CATEGORY Discussion 11B Motion Resolution Ordinance Bid Anrard Public Hearing Other Alt Date itlit Dak 8/19 Aft Date Aft Date Mt Dale Mt Date Mt Date SPONSOR El Council El Algot- El Advil", Saar DCD 0 Finance 0 Fire P&R 0 Police 0 PTV SPONSOR'S The roof at Foster Golf Links Clubhouse has reached end of life and needs to be replaced. A SUMMARY proposed contract for its replacement and other repairs is at an amount which requires City Council approval before the mayor may sign and execute said contract. City staff are asking the City Council to approve this contract so repairs may be completed before the upcoming rainy season. REVIEWED BY ▪ Trans&infrastructure Svcs Community Svcs/Safety Finance & Governance 0 Planning & Community Dev® ▪ LTAC El Arts Comm. Parks Comm.. 0 Planning Comm. DATE: 8/12/24 COM:AM-TEE CHAIR: iolinTA McCoNNELL RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation CommirrEE Unanimous Approval; Forward to Consent Agenda COST IMPACT! FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $171,000 $ APPROPRIATION REQUIRED Fund Source: FOSTER GOLF ENTERPRISE FUND (FUND 411) Comments: No impact to General Fund MTG. DATE RECORD OF COUNCIL ACTION 8/19/24 MTG. DATE ATTACHMENTS 8/19/24 Informational Memorandum dated 8/12/24 Contract Apendix A -Scope of work Minutes from 8/12 CSS Meeting 183 184 Thoma cLeod, Mayor P ks Recreation Department - Pete al aye Directo TO: Community Services & Safety Committee FROM: Kris Kelly, Acting Parks & Recreation Director BY: John H Dunn Ill, Recreation Superintendent CC: Mayor McLeod DATE: August 12, 2024 SUBJECT: Foster Golf Links Roof Replacement Proposed Contract ISSUE The Foster Golf Links Clubhouse roof has reached the end of its expected service life and is in need of replacement. Several quotes have been obtained with the lowest responsive bidder estimating a cost requiring City Council approval before a contract can be signed. Parks and Recreation staff are seeking approval for the mayor to sign the contract with Forever Roofing to replace the roof at the Foster Golf Links Clubhouse. BACKGROUND The roof has reached end of life as the composite shingles are showing exposed cracks and worn down to the fiberglass underlayment. This has caused various leaks in recent years and threatens to cause further damage to the structure if not replaced before the next rainy season. DISCUSSION After recent leak investigations and repairs from roofing contractors, it has come to the point that the roof needs to be replaced. In addition to roofing contractors recommending roof replacement, the insurance carrier for Billy Barroo's Restaurant (The on -site concessionaire at Foster Golf Links) is also requiring a roof replacement to continue coverage of the business. Once the base roof is removed, repairs will be made to any plywood that is damaged and then the new roof will be installed. As the extent of any damage is unknown until the roof is removed, a 3% contingency is built into the contract for plywood repair. FINANCIAL IMPACT This contract is not to exceed $171,000 based on an initial roofing estimate of $149,980 + 3% for plywood repair once shingles are removed + applicable sales tax (10.2%).This will be paid from the Foster Golf Links enterprise fund (Fund 411) and will not impact the General Fund (Fund 000). RECOMMENDATION The Council is being asked to authorize the mayor to sign the contract and consider this item for consent agenda at the August 26, 2024, Regular Meeting. ATTACHMENTS Proposed Contract Appendix A- Proposed Scope of Work 185 186 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Forever Roofing, hereinafter referred to as "the Contractor," whose principal office is located at 5023 South 144th St., Seattle, WA, 98168. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and cond, ' hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performe those services described on Exhibit A attached her fully set forth. In performing such services, the Con State, and local statutes, rules and ordinance applicab handling of any funds used in connection t written approval from the City if the scope or 2. Compensation and Method of P according to the rate and metho reference. The total amount to 3. Contractor Budget. T maximum limits set f whenever the Contrac 4. Duration of Agreement. September 1, 2024, and end hereinafter specified. Contracto . e Contractor shall perform orporated herein by this reference as if hall at all times comply with all Federal, the performance of such services and the ntractor shall request and obtain prior b '''modified in any way. ity shall pay the Contractor for services rendered Exh A attached hereto and incorporated herein by this ceed $171,000 as described in Exhibit A . apply the funds received under this Agreement within the em- 't. The Contractor shall request prior approval from the City mend its budget in any way. Agreement shall be in full force and effect for a period commencing g December 31, 2024, unless sooner terminated under the provisions 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 187 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum co . . single limit for bodily injury and property damage of $1,000,000 per accident. A obi . ability insurance shall cover all owned, non -owned, hired and leased vehicles. Crage sha - written on Insurance Services Office (ISO) form CA 00 01 or a substitute m prviding e alent liability coverage. If necessary, the policy shall be endorsed to • ;de Tactual liability coverage. 2. Commercial General Liability insuran ith limi . • less than $2,000,000 each occurrence, $2,000,000 general aggregate and $ -completed operations aggregate limit. Commercial General Liability ins , - as least at broad as ISO occurrence form CG 00 01 and shall cove - sility . • from premises, operations, independent contractors, products-com. -. -rati. stop gap liability, personal injury and advertising injury, and liability assu ► . unde n insu contract. The Commercial General Liability insurance shall be endor to -r project general aggregate limit using ISO form CG 25 03 05 09 or . . - •ui . t endorsement. There shall be no exclusion for liability arising from exp F ,` . .ps� underground property damage. The City shall be named as an additio sured u -r th. ontractor's Commercial General Liability insurance policy with respect to . work per med for the City using ISO Additional Insured endorsement CG 20 10 10 01 and tiona sured-Completed Operations endorsement CG 20 37 10 01 or substitute endorse oviding at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute 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. CA Revised May 2020 Page 2 of 4 188 E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the C required shall constitute a material breach of contract, u business days notice to the Contractor to correct the or, at its discretion, procure or renew such insuranc therewith, with any sums so expended to be repai of the City, offset against funds due the Contra 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts programmatic records which sufficiently nature expended and services records as may be deemed n B. These records shall be mai permission to destroy them is 40.14 and by the City. ed d pa the Ci ya ty on City. actor to maintain the insurance as hich the City may, after giving five ediately terminate the contract nd all premiums in connection nd, or at the sole discretion ding personnel, property, financial and fleet all direct and indirect costs of any performance of this Agreement and other such ity to ensure the performance of this Agreement. f seven (7) years after termination hereof unless ce of the archivist in accordance with RCW Chapter 9. A • i . n. In • i -. The r� rds d documents with respect to all matters covered by this Agreement shall be s -ct at all ti rs to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreeme y at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes 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 Page 3 of 4 189 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washingt. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of City signatures #o be obtained by City Clerk's Staff ONLY. CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATE Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney 'nature to be sponsor staff. ** CTOR: By: meat by Printed Name: Title: Address: CA Revised May 2020 190 Page 4 of 4 7/17/24, 1:32 PM aHROcHM6Ly9jb21wYW55Y2FtLXBIbmRpbmcuczMuYW1hem9uYXdzLmNvbSB2ZDFhYTNjMyO1ZGZhLTRiM1jAtYTBk©S1iOGU1... 191 https://static.companycam.comllambda/projects160155830/photos/aHROcHM6Ly9jb21 wYW55Y2FtLXBlbmRpbmcuczMuYW 1 hem9uYXdz LmNvbS82Z,.. 111 192 Community Services & Safety Committee Minutes August 12, 2024 E. Contract: Foster Golf Links Roof Replacement * Staff is seeking approval of a contract with Forever Roofing in the amount of $171,000 for replacement of the roof at Foster Golf Links. Committee Recommendation: Unanimous approval. Forward to August 19, 2024 Regular Consent Agenda. F. Automated Traffic Safety Cameras in Park Zones Staff reported that the Codiga Park cameras are nearing implementation pending final permit approval from DCD and a technical code update. Committee Recommendation: Discussion only. G. 2024 2" Quarter Parks and Recreation Report Parks and Recreation staff provided the report. Committee Recommendation: Discussion only. H. 2024 2nd Quarter Police Department Report Police Department staff provided the report. Committee Recommendation: Discussion only. II. MISCELLANEOUS The meeting adjourned at 6:20 p.m. Committee Chair Approval Minutes by LH 193 194 TO: City of Tukwila Mayor's Office - Marty Wine, City Administrator The city of opportunity, the community of choice Mayor McLeod Council members FROM: Marty Wine, City Administrator DATE: August 13, 2024 SUBJECT: City Administrator's Report Thomas McLeod, Mayor The City Administrator Report is meant to provide the Council, staff, and the community with 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. I. Intergovernmental Update • King County Flood Control District Advisory Committee: Mayor McLeod and staff attended the King County Flood Control District Advisory Committee meetings on July 31 and August 7. The District will likely need to increase its tax levy rate or reduce project funding starting in 2025. The Advisory Committee will submit a budget recommendation to the District Board of Supervisors in late August or early September. • Valley Communications 2025-2026 Budget Presentation: On July 31 City Administrator Wine participated in a Valley Communications presentation to owner Cities regarding the 2025-2026 Budget. • Association of Washington Cities (AWC) Budget Workshop: Mayor McLeod attended an AWC Budget Workshop held in Wenatchee August land 2. • International City/County Management (ICMA) Senior Fellowship: The City of Tukwila participated in the ICMA Senior Fellowship Program and hosted Fellow Jackie Morton in Tukwila August 5-9. Ms. Morton was able to spend time with leadership from each department and participate in a few community events to better understand the innerworkings of municipal government. • WRIA 9 Watershed Ecosystem Forum: DCD staff attended the WRIA 9 Watershed Ecosystem Forum meeting on August 8. II. Community Events • Music in the Park: On August 7 the salsa band Elere performed to over 100 attendees at Joseph Foster Memorial Park as part of the Music in the Park events. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-4 0 • Website: TukwilaWA.gov 195 City Administrator's Report August 13, 2024 Page 2 Pickleball Court Ribbon Cutting: To coincide with National Pickleball Day, Mayor McLeod participated in a ribbon cutting for the four new outdoor pickleball courts at the Tukwila Community Center. Budget Outreach: Finance is wrapping up community outreach as it pertains to the 2025- 2026 Biennial Budget by attending one last Farmer's Market to solicit residents' input on how they would like to see their tax dollars allocated. Pickleball With Seniors: The Senior Adult Program will host the Puget Sound Regional Fire Authority (PSRFA) on August 15 for a day of pickleball with seniors. PSRFA will provide free lunch to attendees. Comprehensive Plan Open House: DCD staff will be holding an open house for the Comprehensive Plan Update on Wednesday, August 28, at the Sullivan Center at Tukwila Village from 3:30-7:30pm. The open house will provide an opportunity to learn about work done in the update to date, and to provide feedback. Food and translation services in Spanish, Somali and Vietnamese will be available. Paint Recycling Collection Event: A Paint Recycling collection event will be held on September 21 from 9:00 a.m. - 3:00 p.m. Tukwila Community Center. iii. Staff Updates Public Safety • National Night Out Against Crime: National Night Out Against Crime (NNO) took place on August 6. Mayor McLeod, Councilmembers Sharp, Papyan, McConnell and Hedrick and City staff were joined by Puget Sound Fire and AMR to visit the 20 NNO parties registered throughout Tukwila. • COPCAB Presentation: Deputy Chief Lund and Community Engagement Coordinator La mothe met with COPCAB on August 8 to provide the Board with updates on the Police Department staffing, operations and community engagement activities. Project Updates • Organics Diversion and Reduction Grants: Utilizing Organics Diversion and Reduction grant funds from King County Solid Waste and the Department of Ecology, Cascadia Consulting Group began working in July 2024 to support food service businesses in setting up organics services and establishing best practices to comply with the new Organics Management Law. Project will be completed June 30, 2025. • Public Assistance and Disaster Management Training: Emergency Management and other City staff attended the Public Assistance and Disaster Management Training offered by King County Emergency Management. This course served as a kick-off to the work and planning being done around disaster debris management and other eligible disaster reimbursement costs. Phone: 206-4334800 • Email: MayQr@TukwilaWA.gov • Website: TukwilaWA.gov 196 City Administrator's Report August 13, 2024 Page 3 Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for August 21, 2024, VACANT: 1 Community Member position and Student Representative. 1 application received. • Civil Service Commission: The next meeting is scheduled for August 15, 2024. No vacancies. •COPCAB: The next meeting is scheduled for September 12, 2024. VACANT: Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for September 5, 2024. 1 City Employee position term expires March 31, 2025. 1 Education/Community position term expires March 31, 2025. 2 Community positions terms expire March 31, 2025. No vacancies. • Human Services Advisory Board: The next meeting is being scheduled for mid -September. 1 Resident position term expires March 31, 2025. 1 Faith -Based position term expires March 31, 2025. VACANT: 2 Resident positions and 1 Business Community Representative. • Library Advisory Board: The next meeting is scheduled for September 9, 2024. 4 Resident position terms expire March 31, 2025. VACANT: 1 Resident position. • Lodging Tax Advisory Committee: The next meeting is scheduled for September 6, 2024. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for August 14, 2024. 3 Community position terms expire March 31, 2025. No vacancies. • Planning Commission: The next meeting is scheduled for August 22, 2024. No vacancies. iv. Responses to Council/Community Inquiries Date of Inquiry Inquiry Response July 22, 2024 Councilmember Sharp asked for data on Highline Recology store customer visits. The Recology Store numbers were emailed to Councilmembers on August 6. Phone; 206-433-1800 4 Email; Mayor@TukwilaWA.gov * Websitei TukwilaWA,gov 197 198 UPCOMING MEETINGS AND EVENTS AUGUST 2024 City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in -person and virtual attendance available. AUG 19 MON AUG 20 TUE AUG 21 WED AUG 22 THU AUG 23 FRI AUG 24 SAT * Work Session'BRIDGE`tiT�`�\ 5:30 PM CityHall Council Chambers Hybrid Meeting * City Council Regular MeetingAug 9 7:00 PM City Hall Council Chambers Hybrid Meeting BAR KING COUNTY BAR - eK000�eeA NEIGHBORHOOD LEGAL CLINICS INFO SESSION First come, first served. 10:30 AM — 1:00 PM Tukwila Library 14380 Tukwila Intl Blvd Click here for information. Sf Mo J!lt~' - FREE DENTAL CLINIC For individuals and families with Apple Health or no insurance. 19 thru Aug 22 9:00 AM -4:00 PM Tukwila Community Center 12424 42ntl Ave S Call to schedule appointment pp at 1-888-286-9105. i i} A � ,` __..A EBT accepted and summer meals for families are provided. 3:00 PM — 6:00 PM Tukwila Village Plaza 14350 Tukwila Intl Blvd * Arts Commission 6:00 PM Tukwila Community Center Hybrid Meeting SPICE `�RiDl r ameA, MOD H, , Ar1rKW Av VILLAGE FUNDRAISING CAMPAIGN LAUNCH PARTY You are cordially invited to attend this fundraiser and taste delicious assortment of small bites showcasing global culinary excellence. 6:00 PM - 8:00 PM Wen a s Kitchen 9 y' 14200 Tukwila International Blvd Click here for FREE tickets. * Planning Commission 6:30 PM Site Tour ( � GREEN TUKWILA w WALK IN THE PARK ECO-EDUCATION Learn site history, identify native plans and discuss the importance of urban forests. All ages are welcome. 10:00 AM -11:30 AM Riverton Park 13263 Macadam Rd S Click here to register. �! FtCl i ✓aoaW COMMUEMERGNITY RESPONSE TEAM Free CERT session by Puget Sound Regional Fire Authority. Learn apply basic response organizational skills save lives and protect property. Sep 26 thru Nov Session 1: 1:00 Session 2: 6:00 Click here to register. w taught to and to 16 PM PM AUG 26 MON AUG 27 TUE AUG 28 WED AUG 29 THU AUG 30 FRI AUG 31 SAT * Finance and Governance Committee Meeting 5:30 PM City Hall — Hazelnut Room Hybrid Meeting * Transportation and Infrastructure Services Meeting 5:30 PM 6300 Building— 2"d Floor Duwamish Conference Hybrid Meeting * CityCouncil Committee of the Whole Meeting City PM 00 City Hall Council Chambers Hybrid Meeting al King County RENTER AND UTILITY��"t�`�\ti\�\ti\\\O\,' AFFORDABILITY SURVEY King County wants to know about the challenges facing families whoCelebrate rent their home. Multiple languages available. Click here for information. SPICE `BRIDGE AIKUA, FOOD -,.,a Al ,KKw„A Val AG, FREE HEART BUCKS VOUCHERS Vouchers aregiven first -come, first -serve basis and is only available for pickup once a month. Bring ID to sign up and pick up vouchers. 3:00 PM — 5:00 PM Tuesdays Spice BridgeSullivan 14200 Tukwila r I Blvd ClickClick here for!nfarmation. Y. See above for information. o oo - OPEN HOUSE ON FINAL DRAFT OF THE COMPREHENSIVE PLAN Join us to review the final draft plan and learn more about how it will guide Tukwila's future. If you have comments or suggestions, please contact us at 2044comeelan@Tukw,IsWA. ov. s 3:30 PM - 7:30 PM Center 14350 Tukwila Intl Blvd here for information. Give elaad save 3 lives DONATE AND ENTER TO WIN $3,000 TANGO GIFT CARD OR TICKETS TO SEE TAYLOR SWIFT It takes 1,000 donors a day to sustain a blood supply for patients in our community. Click here to schedule an appointment. Or call 1.800.398.7888. You can also donate umbilical cord blood after the birth of your baby to save a life. Click here for information. END OF SUMMER BASH the end of summer with a bang at our End of Summer Bash, featuring exciting games, a selection of food trucks and the latest back-to-schoolgear. Wrap up with a special evening movie in the park "Kung Fu Panda 4". 6:00 PM - 9:30 PM Tukwila Community Center 12424 42ntl Ave S Click here for information. } i fia, ,�.%'. ENTRY-LEVEL FIREFIGHTER REGISTRATION To register, visit below and select WAFIRECAREERS. will automaticallyregister you for the 5 partners including Puget Fire. WA Fire Careers pull scores today February 2025 Academy. Click here for information. FREE INTERVIEW WORKSHOP ON Get help on improving interview skills with of acing your fire interviews. Interview offers mock interview panels and feedback. Click here to register. OPEN link This 9 Sound will for PREP SEP 7 the goal service event CITY HALL ski p q. 9 Free event featuring ** SHARE YOUR The City Council ** RAIN BARRELS Tukwila residents more information, ** NOW THRU Tukwila residents ** JOIN US There's something Join free Park & 6300 BUILDINGS ARE OPEN TO THE PUBLIC MONDAYS THRU THURSDAYS 8:30 AM — 4:00 PM AUG 17 - 1ST ANNUAL HULLABALOO FESTIVAL 11:00 AM — 3:00 PM JOSEPH FOSTER MEMORIAL PARK — 13919 53RD AVE S Join this community festival celebrating unity with entertainment, delicious food, art & craft vendors and fun games for all ages. AUG 28 - COMPREHENSIVE PLAN OPEN HOUSE 3:30 PM — 7:30 PM SULLIVAN CENTER-14350 TUKWILA INTERNATIONAL BLVD The final draft of the Comprehensive Plan will be presented. Pizza and light refreshments provided. Click here for information. AUG 30 - END OF SUMMER BASH 6:00 PM — 9:30 PM TUKWILA COMMUNITY CENTER-12424 42ND AVE S fun games, food trucks, the latest back -to -school gear, and end with the "Kung Fu Panda 4" movie. Click here for information. INPUT ON THE 2025-2026 BIENNIAL BUDGET! is dedicated to creating a budget that mirrors the community's priorities! Residents can select and rank their top service priorities. Click here for information. AVAILABLE FOR PURCHASE AT CITY HALL 6200 SOUTHCENTER BLVD can purchase 50-gallon rain barrels at a subsidized rate of $45. The rain barrel with diverter/connection will be delivered to your address. Limited supply. For email EnvironmentalCompliance@TukwilaWA.gov. AUG 29 - TREE GIVEAWAYS! can apply for FREE trees. Must apply by Aug 29. Click here for information. FOR MANY FUN AND FREE SUMMER EVENTS! for everyone. Live music and dance, movies, games and food trucks! Click here for information. N Play events. Click here far information on PARK N PLAY events. ..y� FOOD BANK OPENS: TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM — 2:30 PM 3118 S 140TH ST, TUKWILA i%w VOLUNTEERS — In need of volunteers for food packaging or food distributions. To volunteer, click here to sign up. DONORS — Please donate at tukwilapantry,org/please-donate/. Donations can be dropped off on Tuesday -Saturday from 8 AM —11 AM or by appointment. Click here for a current list of items in need, .emu' FREE SUMMER r for TUKWILA FREE SUMMER MEALS MEALS'' ! Summer Food Service KIDS &TEENS K. Summer Meals Locator FOR AGES 18 AND UNDER! Program provides free summer meals for children in English Espanol Af Somali Tieng Viet TUKWILA VILLAGE FARMER'S MARKET 14350 Tukwila International Blvd Jun 21 — Aug 30 Wednesdays Dinner: 4:30 PM — 6:30 PM Halal friendly options. Meals available for caregivers too! King County. Click here for more information. TUKWILA COMMUNITY CENTER 12424 42. Ave S Jul 5 — Aug 25 Mon — Fri Lunch: 11:15 AM — 12:15 PM Snack: 3:00 PM — 3:30 PM CASCADE VIEW COMMUNITY PARK 14211 37,n Ave S Jul 10 —Aug 25 Mon — Fri Lunch: 11:45 AM — 12:45 PM Snack: 1:45 PM — 2:00 PM King County $30 ADOPTIONS It's time to Clear FREE ASTHMA CARE AND REDUCTION SUPPLIES FOR AGES 6-12 The Asthma Community Health Worker Program consists of virtual or home visits to educate patients with asthma and their families and equip them with the tools to improve their health. Click here to register. 3-EPISODE MINISERIES PODCAST ON SEPTIC SYSTEMS Environmental Health provides septic systems information, tips on maintaining your system and how King County is addressing structural issues. Click here to listen. FOR CATS AND DOGS NOW THRU SEP 10 The Shelters! Join this national campaign to get more pets adopted over the next month. Click here for information. 9 9 20 Tentative Agenda Schedule MEETING 1— REGULAR MEETING 2— C.O.W. MEETING 3— REGULAR MEETING 4 — C.O.W. AUGUST 5 See below links for the agenda packets to view the agenda items: August 5, 2024 Work Session August 5, 2024 Regular Meeting AUGUST 12 See below links for the agenda packets to view the agenda items: August 12, 2024 Committee of the Whole Meeting AUGUST 19 See below links for the agenda packets to view the agenda items: August 19, 2024 Work Session August 19, 2024 Regular Meeting AUGUST 26 Special Meeting to follow Committee of the Whole Meeting. MEETING 1— REGULAR MEETING 2— C.O.W. 3 pt MEETING REGULAR 3— MEETING 4 — C.O.W. SEPTEMBER 2 * * It s • —* * — No Council meeting or Work Session due to the holiday. City offices are dosed. 0 SEPTEMBER 9 PRESENTATION Sound Transit Boeing Access Road Light Rail Station Update. SPECIAL ISSUES City copier lease contract. SEPTEMBER 16 WORK SESSION Rate Study Recommendations. REGULAR MEETING PRESENTATION Presentation of Mayor's Proposed 2025-2026 Biennial Budget. CONSENT AGENDA - Ordinance updating Park and Fire Impact Fees. - Streamlining the Permitting Process and Implementing Provisions of the Local Project Review Act. - Bid award for CIPP Sewer Lining Construction. - Future of Work and Facilities Review. - City copier lease contract. - A resolution amending Land Use Fees. SEPTEMBER 23 PUBLIC HEARING 2023-2024 Tukwila Comprehensive Plan Update. SPECIAL ISSUES - 2023-2024 Tukwila Comprehensive Plan Update. - Discussion on 2025-2026 Biennial Budget: (1) Responsive and Representative Government (2) Health and Safety (3) Program Support - Amendment to TMC 9.53.050 Special Meeting to follow Committee of the Whole Meeting.